Virginia Historical Magazine, II, 166-173, 289-292.When Bacon's Rebellion had been crushed, royal commissioners arrived in the colony, with instructions to inform themselves "of all grievances." The commissioners met the inhabitants at various County Courts, and took down their complaints in writing. These complaints show some of the real causes of Bacon's Rebellion. Of course, to these royal commissioners the people as a rule would say little of infringements upon political liberty (because commissioners from Charles II could not be expected to have any sympathy with such complaints), and theywouldsay much about misgovernment and economic oppression. The following extracts from the commissioners' records are selected to show that complaints regarding political oppression did find voice, even under such conditions. These entries might be greatly extended.
Virginia Historical Magazine, II, 166-173, 289-292.
When Bacon's Rebellion had been crushed, royal commissioners arrived in the colony, with instructions to inform themselves "of all grievances." The commissioners met the inhabitants at various County Courts, and took down their complaints in writing. These complaints show some of the real causes of Bacon's Rebellion. Of course, to these royal commissioners the people as a rule would say little of infringements upon political liberty (because commissioners from Charles II could not be expected to have any sympathy with such complaints), and theywouldsay much about misgovernment and economic oppression. The following extracts from the commissioners' records are selected to show that complaints regarding political oppression did find voice, even under such conditions. These entries might be greatly extended.
(1)Gloster County
4. That severall grievances being presented to the June Assembly [1676] upon which many good Lawes were consented to by that Assembly [No. 106] ... they Beg those good and wholesome Lawes may be confirmed.
(2)Lower Norfolk County
5. Request for Liberty to Transport their Tobacco to any of his majesties Plantations without paying the Impost payable by Act of Parliament. [This request the commissioners declare "wholly mutinous."]
(3)Surry County
1. That the last Assembly continued many yeares....
10. That it has been the custome of County Courts att the laying of the levy to withdraw into a private Roome,—by which meanes the poore people, not knowing for what they paid, did admire how their taxes could be so high.
12. That, contrary to the lawes of England and this Country, high sheriffs have usually continued two years, and undersheriffs 3 or 4 years together: wee humbly pray that for the future no person may continue sheriffe above one yeare.
14. That we have not had liberty to choose vestrymen: wee humbly desire that the wholle parish may have a free election.
15. That since his most gracious Majesty hath been most mercifully pleased to pardon our late disloyalty, wee most earnestly and humbly pray that this present grand assembly would make an Act of Oblivion,—that no person may be injured by the provoking names of Rebell, Traitor and Rogue.
(4)Northampton County
2. That we may have Liberty grannted us to choose a new vestery, and that every three years a new vestery may be chosen.
6. That it may be graunted us to make a free choyse of six housekeepers without Interposing of any Ruling Magistratre [to sit with the Justices of the County as a Board to assess taxes], to prevent oppressions ... as we humbly suspect ... to have Received heretofore.
15. That no Sheriff may officiate two years together.
(5)Isle of Wight
14. We desire wee may have libertie to chuse our Vestries once in three yeares, and that their may noe member of the Court [County Justices] be therein.
Additional instructions [from King Charles II] for our trusty and well belovedSir William Berkeley, Knt.our governor of our colony of Virginia, November 13, 1676Hening'sStatutes, II, 424 ff.
Additional instructions [from King Charles II] for our trusty and well belovedSir William Berkeley, Knt.our governor of our colony of Virginia, November 13, 1676
Hening'sStatutes, II, 424 ff.
2. You shall take care that the members of the assembly be elected only byffreeholders, as being more agreeable to the custome of England, to which you are as nigh as conveniently you can to conforme yourselfe.
6. You shall declare voyd and null all the proceedings of the late assembly ... ["Bacon's Assembly"].
Hening'sStatutes at Large, II, 380.
WhereasNathaniell Bacon ... in the month of June, 1676 ... did enter James Citty in a rebellious manner with a considerable number of armed men ... environing and beseigeing the governour and councell and burgesses ... threatening them with sudden death if they would not grant his unreasonable, unlawfull, rebellious and treasonable demands, and by his threats and ... violence did obteine to himselfe whatsoever he soe ... demanded;And whereasthe kings most excellent majestie by his gratious proclamation ... hath long since declared all the proceedings of the said assembly to be voyd in law:Bee it therefore enacted by this present grand assembly and the authority thereof, and it is hereby enacted, that all acts, orders, and proceedings of the said grand assembly be repealed and made null and voyd.
Hutchinson'sCollection of Original Papers(1769), 477 ff.Randolph had been sent to the colonies as a "commissioner" by the Lords of Trade.
Hutchinson'sCollection of Original Papers(1769), 477 ff.
Randolph had been sent to the colonies as a "commissioner" by the Lords of Trade.
Second Enquiry.What lawes and ordinances are now in force there derogatory or contrary to those of England, and what oath is prescribed by the government?
The lawes and ordinances made in that colony are no longer observed than as they stand with their convenience. The magistrates not so strictly minding the letter of the law when their publick interest is concerned, in all cases more regarding the quality and affection of the persons to their government than the nature of their offence. They see no evill in a church member, and therefore it is very difficult to get any sentence or verdict against him, tho' in the smallest matters.
No law is in force or esteeme there but such as are made by the generall court, and therefore it is accounted a breach of their privileges and a betraying of the liberties of their commonwealth to urge the observation of the lawes of England or his Majesties commands.
The lawes most derogatory and contradictory to those of England.
All persons of the age of 21 years, being excommunicate or condemned, have liberty to make wills and dispose of lands and estates.
In capital cases, dismembering or banishment; where no law is made by the generall court, or in case of defect of a law in any particular case, the offender to be tryed by the word of God and judged by the generall court.
Ministers are ordained by the people and no injunction to be put upon any church officer or member, in point of doctrine, worship or discipline, whether for substance or circumstance, besides the institution of the Lord.
Whoever shall observe christmasse day or the like festivity, by forbearing to labour, feasting or other way shall pay 5s. and whosoever shall not resort to their meeting upon the Lord's day and such days of fasting and Thanksgiving as shall be appointed by authority, shall pay 5s.no days commanded by the lawes of England to be observed or regarded.
No person shall be impressed or compelled to serve in anywars but such as shall be enterprized by that commonwealth, by the consent of a generall court, or by authority derived from them.
No person whatsoever shall joine any persons in marriage but a magistrate, it being an honorable ordinance and therefore should be accordingly sollemnized.
All strangers professing the true christian religion that shall fly to them for succour from the tyranny or oppression of their persecutors, or for any necessary or compulsory cause, they shall be entertained and protected amongst them according to that power and prudence God shall give them. By which law Whalley and Gosse and other traytors were kindly receaved and entertained by Mr. Godkins and other magistrates.
Whosoever shall be in the possession of any land 5 years, altho' the grant of said land was to another, and the possessor have nothing to shew for the alienation thereof but his possession, the possessor shall have the land confirmed to him.
No oath shall be urged or required to be taken by any person but such oath as the generall court hath considered allowed and required.
The oaths of allegiance and supremacy are neither taken by the magistrates nor required to be taken by the inhabitants, only an oath of fidelity to the government is imposed upon all persons as well strangers as inhabitants, upon the penalty of 5l.for every week they shall refuse the said oath.
Acts and Resolves of the Province of Massachusetts Bay, I, 1-20.
The stubborn persistence of Massachusetts in resisting all regulation from England finally involved all New England in the despotic rule of Andros. On the overthrow of Andros (on the flight of James II and the accession of William III), Connecticut and Rhode Island continued their former charter governments; but the Massachusetts Charter of 1629 had been declared void by the English courts and had been formally surrendered. The best Massachusetts could now do was to secure a much more limited instrument. For a fuller history, cf.American History and Government, § 97.
The stubborn persistence of Massachusetts in resisting all regulation from England finally involved all New England in the despotic rule of Andros. On the overthrow of Andros (on the flight of James II and the accession of William III), Connecticut and Rhode Island continued their former charter governments; but the Massachusetts Charter of 1629 had been declared void by the English courts and had been formally surrendered. The best Massachusetts could now do was to secure a much more limited instrument. For a fuller history, cf.American History and Government, § 97.
[Recital of the creation of the Plymouth Council in 1620, of the grant by that Council to the Massachusetts Bay Company in 1628, of the royal charter of 1629, and of the vacating of that charter in 1684.]
And Whereasseverall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application unto Us that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Colony and to grant and confirme unto them such powers priviledges and Franchises ... and Wee being graciously pleased to gratifie Our said Subjects. And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought under such a forme of Government as may put them in a better Condition of defence....
...Weedoe by these presents for Us Our Heirs and Successors Will and Ordeyne that the Territories and Collonyes comonly called or known by the Names of the Collony of the Massachusetts Bay,and Collony of New Plymouth, the Province of Main, the Territorie called Accadia or Nova Scotia, and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Main be Erected United and Incorporated ... into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And ... [grant of territory]....
Provided... that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodyes Politique or Corporate (Townes, Villages, Colledges, or Schooles) doe hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or under any Grant or estate duely made or granted by any Generall Court formerly held or by vertue of the Letters Patents herein before recited or by any other lawfull Right or Title whatsoever shall be by ... [them] ... for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant. ... And wee doe further ... Establish and ordeyne that ... there shall be one Governour, One Leiutenant or Deputy Governour, and One Secretary of Our said Province or Territory, to be from time to time appointed and Commissionated by Us ... and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governour ... for the time being as by these presents is hereafter directed and appointed, which said Councillors or Assistants are to be Constituted, Elected, and Chosen in such forme and manner as hereafter in these presents is expressed. [Appointment of first set of officers, the Assistants to continue until the last Wednesday in May, 1693.]
And OurWill and Pleasure is that the Governour ... shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants ... and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said ProvinceAnd FurtherWee Will ... that there shall ... be convened ... by the Governour ... upon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour ... shall think fitt and appoint a great and Generall Court of Assembly Which ... shall consist of the Governour and Councill or Assistants ... and of such Freeholders ... as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elections ... To which Great and Generall Court ... Wee doe hereby ... grant full power and authority from time to time to direct ... what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively ...Providedalwayes that noe Freeholder or other Person shall have a Vote in the Election of Members ... who at the time of such Election shall not have an estate ofFreehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least, or other estate to the value of Fortypounds Sterling ... and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts... And ... Wee doe ... Ordeyne that yearly once in every yeare ... the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court ... newly chosen ... [Four at least of the Assistants to come from the former Plymouth Colony and three from Maine. The General Court may remove Assistants from office, and may also fill vacancies caused by removal or death.] And Wee doe further Grant and Ordeyne that it shall and may be lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges, Commissioners of Oyer and Terminer, Sheriffs, Provosts, Marshalls, Justices of the Peace, and other Officers to Our Councill and Courts of Justice belonging,Providedalwayes that noe such Nomination or Appointment of Officers be made without notice first given or summons issued out seaven dayes before such Nomination or Appointment unto such of the said Councillors or Assistants as shall be at that time resideing within Our said Province ... and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province ... and of such as shall come to Inhabit there Wee doe ... Ordainethat for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists)Inhabiting ... within our said Province ... [Courts for the trial of both civil and criminal cases may be established by the General Court, reserving to the governor and assistants matters of probate and administration.]And whereasWee judge it necessary that all our Subjects should have liberty to Appeale to us ... in Cases that may deserve the same Wee doe ... Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province ... inany Personall Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that thenhe or they may appeale to us ... in our ... Privy Council Provided such Appeale be made within Fourteen dayes after the Sentence or Judgement given and that before such Appeal be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by us ... incase the Judgement or Sentence be affirmed[provided that no execution shall be stayed by reason of such appeal.]Andwe doe further ... grant to the said Governor and the great and Generall Court ... full power and Authority from time to time to make ... all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or contrary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province. ... And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defence of the Government thereof [and also] full power and Authority to name and settle Annually all Civill Officers within the said Province (such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to us ... or to the Governor) ... and to Settforth the severall Duties Powers and Lymitts of every such Officer ... and the forms of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administred unto them for the Execution of their severall Offices and places. And alsoe to impose Fines, mulcts, Imprisonments, and other Punishments; And to Impose and leavy proportionable and reasonable Assessments, Rates, and Taxes, upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province ...Providedalwaies ... that in the frameing and passing of all such Orders ... and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court ... or in Councill,the Governor ... shallhave the Negative voice, and that without his consent or Approbation signified and declared in Writeing, no such Orders ... Elections or other Acts of Government ... shall be of any Force effect or validity...Andwee doe ... Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us ... under the Publique Seale to be appointed by us for Our ... approbation or DisallowanceAnd that incase all or any of them shall, at any time within the space of three yeares next after the same shall have been presented to us ... in Our ... Privy Councill, be disallowed and rejected and soe signified by us ...unto the Governor for the time being then such ... of them as shall be soe disallowed ... shall thenceforth cease and determine and become utterly void and of none effect. [Laws not disallowed within the three years, to remain in force until repealed by the General Court. Grants of land by the General Court, within the limits of the former colonies of Massachusetts Bay and New Plymouth, and the Province of Maine, excepting the region north and east of the Sagadahoc, to be valid without further royal approval. The governor to direct the defense of the province, andto exercise martial law in case of necessity]Providedalwayes ... That the said Governour shall not at any time hereafter by vertue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province ... or oblige them to march out of the Limitts of the same without their Free and voluntary consent or the Consent of the Great and Generall Court ... nor grant Commissions for exercising the Law Martiall upon any the Inhabitants of Our said Province ... without the Advice and Consent of the Councill or Assistants of the same ... [In case of the death, removal or absence of the governor, the lieutenant-governor may take his place; failing both governor and lieutenant-governor, the council, or the major part of them, are to act.]Providedalwaies ... that nothing herein shall extend or be taken to ... allow the Exercise of any Admirall Court Jurisdiction Power or Authority but that the same be and is herebyreserved to Us ... and shall from time to time be ... exercised by vertue of Commissions to be issued under the Great Seale of England or under the Seale of the High Admirall or the Commissioners for executing the Office of High Admirall of England. ...And lastlyfor the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Us ... all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province ... not heretofore granted to any private persons.
For an outline of these natural and long-continued attempts, seeAmerican History and Government, §§ 117, 118. The first attempt, barely avoided and only by accident, is given undera, below;brepresents American feeling toward such encroachments; andcillustrates the activity of a New England town meeting in this field ofgeneralpolitics.
For an outline of these natural and long-continued attempts, seeAmerican History and Government, §§ 117, 118. The first attempt, barely avoided and only by accident, is given undera, below;brepresents American feeling toward such encroachments; andcillustrates the activity of a New England town meeting in this field ofgeneralpolitics.
North Carolina Colonial Records, I, 535.
North Carolina Colonial Records, I, 535.
To the King's most Excellent Majestie.
May it please, etc.
Having formerly on severall occasions humbly represented to your Majesty the state of the Government under Proprietors and Charters in America; and perceiving the irregularities of these Governments dayly to increase, to the prejudice of Trade and of your Majesties other Plantations in America, as well as of your Majesties revenue arising from the Customes here, we find ourselves obliged at present humbly to represent to your Majesty;
That those Colonies in general have no ways answered the chief design for which such large Tracts of Land and such Priviledges and Immunities were granted by the Crown.
That they have not conformed themselves to the severall acts of Parliament for regulating Trade and Navigation, to which they ought to pay the same obedience, and submit to the same Restrictions as the other Plantations, which are subject to your Majesties immediate Government; on the contrary in most of these Proprieties and Charter Governments, the Governours have not applyed themselves to your Majesty for your approbation, nor have taken the Oaths required by the acts of Trade, both which Qualifications are made necessary by the late Act for preventing frauds and regulating abuses in the Plantation Trade.
That they have assumed to themselves a power to make Laws contrary and repugnant to the Laws of England, and directly prejudicial to Trade, some of them having refused to send hither such Laws as they had enacted, and others having sent them but very imperfectly.
That diverse of them have denyed appeals to your Majesty in Councill, by which not only the Inhabitants of those Colonies but others your Majesties subjects are deprived of that benefit, enjoyed in the Plantations, under your Majesties immediate Government, and the parties agrieved are left without remedy from the arbitrary and Illegal proceedings of their Courts.
That these Colonies continue to be the refuge and retreat of Pirates and Illegal Traders, and the receptacle of Goods imported thither from foreign parts contrary to Law: In return of which Commodities those of the growth of these Colonies are likewise contrary to Law exported to Foreign parts; All which is likewise much incouraged by their not admitting appeals as aforesaide.
That by raising and lowering their coin from time to time, to their particular advantage, and to the prejudice of other Colonies, By exempting their Inhabitants from Duties and Customes to which the other Colonies are subject, and by Harbouring of Servants and fugitives, these Governments tend greatly to the undermining the Trade and Welfare of theother Plantations, and seduce and draw away the People thereof; By which Diminution of Hands the rest of the Colonies more beneficial to England do very much suffer.
That these Independent Colonies do turn the Course of Trade to the Promoting and proprogating woolen and other Manufactures proper to England, instead of applying their thoughts and Endeavours to the production of such commodities as are fit to be encouraged in these parts according to the true design and intention of such settlements.
That they do not in general take any due care for their own defence and security against an Enemy, either in Building Forts or providing their Inhabitants with sufficient Armes and Amunition, in case they should be attacked, which is every day more and more to be apprehended, considering how the French power encreases in those parts.
That this cheifly arises from the ill use they make of the powers entrusted to them by their Charters, and the Independency which they pretend to, and that each Government is obliged only to defend its self without any consideration had of their Neighbours, or of the general preservation of the whole.
That many of them have not a regular militia and some (particularly the Colonies of East and West New Jersey) are no otherwise at present than in a state of Anarchy and confusion.
And because the care of these and other great mischiefs in your Majesties Plantations and Colonies aforesaid, and the introducing such an administration of Government and fit regulation of Trade as may put them into a better State of Security and make them duly subservient and usefull to England, does every day become more and more necessary, and that your Majesties frequent Commands to them have not met with due complyance: We humbly conceive it may be expedient that the Charters of the severall Proprietors and others intitling them to absolute Government be reassumed to the Crown and these Colonies put into the same State and dependency as those of your Majesties other Plantations, without prejudice to any man's particular propertyand freehold. Which being no otherwise so well to be effected as by the Legislative power of this Kingdome.
Wee humbly submit the same to your Majesties Royal consideration.
This extract comes from a pamphlet by John Wise, minister at Ipswich, and a leader (and sufferer) against arbitrary taxation by Andros twenty years earlier, and is in the nature of a warning that the American English will not submit to political aggression.
This extract comes from a pamphlet by John Wise, minister at Ipswich, and a leader (and sufferer) against arbitrary taxation by Andros twenty years earlier, and is in the nature of a warning that the American English will not submit to political aggression.
Englishmen hate an arbitrary power (politically considered) as they hate the devil. ... And though many of their incautelous princes have endeavored to null all their charter rights and immunities, and agrandize themselves in the servile state of the subjects, by setting up their own seperate will, for the great standard of government over the nation, yet they have all along paid dear for their attempts, both in the ruin of the nation, and in interrupting the increase of their own grandeur, and their foreign settlements and conquests.
Had the late reigns, before the accession of the greatWilliamandMary, to the throne of England, but taken the measures of them, and [of] her present majesty,[109]in depressing vice, and advancing the union and wealth, and encouraging the prowice and bravery of the nation, they might by this time have been capable to have given laws to any monarch on earth; but spending their time in the pursuit of an absolute monarchy (contrary to the temper of the nation, and the ancient constitution of the government) through all the meanders of state craft: It has apparently kept back the glory, and dampt all the most noble affairs of the nation. And when under the midwifry ofMachiavilanart, and cunning of a daring prince, thisMonster, tyranny, and arbitrary government, was at last just born, upon the holding up of a finger! or upon the least signal given, ON the whole nation goes upon this HYDRA.[110]
The very name of an arbitrary government is ready to put an Englishman's blood into a fermentation; but when it really comes, and shakes its whip over their ears, and tells them it is their master, it makes them stark mad.
Boston Town Records(for dates given).The full records of the meeting are given, that the student may see how great matters of state were mingled with trivial and local business. The attempt of England to secure a fixed salary for the Governor of Massachusetts would, if successful, have made that officer wholly independent of popular control. Cf.American History and Government, § 118, for the whole story.
Boston Town Records(for dates given).
The full records of the meeting are given, that the student may see how great matters of state were mingled with trivial and local business. The attempt of England to secure a fixed salary for the Governor of Massachusetts would, if successful, have made that officer wholly independent of popular control. Cf.American History and Government, § 118, for the whole story.
Ata Meeting of the Freeholders and Other Inhabitants of the Town of Boston Duly Qualified being Regulerly Assembled in a Publick Town meeting at the Town House Tuesday May the 6th 1729—
After Prayer by the Revd mr Thomas Prince [and after] Elisha Cooke EsqrChose[n] Moderator for this Meeting.
votes.Elisha Cooke Esqr188Chose[n] Representativesm. Thomas Cushing190m. Ezekll Lewis190m. Samll Welles184
Voted To Chuse a Cōmittee to Prepare Instructions for the Representatives for their Acting at the General Court at their Approching Session, And to Lay them befor the Meeting in the Afternoon—
Voted: That John Alford Esqr mesrs Henry Dering and Nathll Cunningham be the Said Committee—
On the Petition of Sundry Inhabitants about the Situatian of the Grainery
Voted That mr Moderator and the Selectmen be Joyned with the Cōmittee appointed for Building the Grainery, Be desired to View the Place, And make Return of their Opinion thereof to the Meeting after Dinner this Day—
mr John JeffersExcus'dChosen Assessors.mr Thomas MoffatExcus'dEdward MaycombSwornClerks of the Market.John SpoonerSwornNathanll CobbitSworn
Post Meridiem.
Voted That the Grainery be Erected and Set up Rainging with the Line of the Burying place on the Cōmon fronting Eastward, The Said Building to be not Less then [than] forty feet distant from the [South] Corner of the Brick wall of the Burying place—
mr James PembertonPay[111]Assessors.mr James WatsonSworn
In as much as the Gramer School at the North End of the Town of which mr Peleg Wiswall is the Master is much Increaced in the Number of the Schollers, and that no Usher is alowed to assist him in his School:
Voted That there be an Additian of Forty Pounds to the Said mr Wiswalls Salary—
Samll Oakes Petition Read and Dismist—
In Answer to Mr. Edward Mills His Petitian. Voted That there be an Addition of Twenty Pounds to the Said Mr. Edward Mills Sallary—
Upon A Motion made by Elisha Cook Esquire That the Dividing Line between the Towns Land in the Occupation of Mr. Nathaniel Williams and His Land on the East Side in School Street is for want of due Care become Crucked, intrenching both upon the One and the Others Land, That therefore they would Direct and Imp[o]wer the Selectmen to Rectifie that line as to them Seems Just and Equitable—And Further That they would be pleased to Accomodate him with about two feet of the Front of his Land next Mr. Williams on Such Terms as the Selectmen Shall Agree for with the Said Mr. Cooke—
Read and Voted That it be left with the Selectmen to Act therein as they Judge Meet—
On the Petition of Mr. Jeramiah Condy for Addition to his Salary.
Voted that the Consideration of Said Petition be Referred for further Consideration to the Next Town Meeting, and That in the mean time Nathaniel Green John Alford Esquires and Mr. Thomas Cushing Junior are desired to Inspect the Several Wrighting Schools within this Town at Such Time as they Shall think Avisable for the year Currant, And that they do in an Espesial Manner Vizit Mr. Condys School and Report to the Town at their Meeting the Ability and Industry of the Said Mr. Condy and the Proficiency of the Schollers under His Tuition—
The Comittee this day chosen and Appointed to Prepare Instructions for the Representatives, for their Acting at the General Court at their Approching Session And to Lay [them] before the Meeting in the afternoon—Return as Follows: Viz.
To Elisha Cooke Esquire, Messrs. Thomas Cushing, Ezekiel Lewis and Samuel Welles:—
Gentlemen—
Your known Loyalty to His Present Majesty King George, and Sincear Atachment to the Succession in the Illustrious House of Hannover, Your Hearty Love to this Your native Country, Your Singuler Value for the Liberty and Propperty of this People, your Cheerfull and Una[ni]mous Concurrance to promote our Best Intrist, And your Approved Integrity in those Publick Stations wherein you have bin Employed, Have fixed the Eyes of this Town on and Determined their Choice of you as Propper Persons to Represent them in the Next General Assembly Wherin they Expect That you behave your Selves with your Wonted Zeal and Courage in Prossecuting those good Designes which may tend to the Peace and wellfair of these His Majestys Good Subjects, and Secure those Rights and Priviledges which by the Royal Charter we have a Just claim to, and as Englishmen do of Right appertain to us, And agreable there unto we Recomend unto you in an Especial Manner—
That you Endeavor to Maintain all our Civil Rights and Propertys against any Incrochments upon them.
That you Continue to Pay a due Regard to His Excellency Our Governor, and that you Endeavor that He may have an Honourable Support, But we desire at the Same time That you use your utmost Endeavor That the Honourable House of Representatives may not be by any means Prevailed upon or brought into the Fixing a Certain Sallary for any Certain time, But that they may Improve their usual freedom in granting their Money from time to time, as they Shall Judg the Province to be able, and in Such a manner as they Shall think most for the Benefit and advantage thereof, And if your Pay Should be diverted you may Depend on all the Justice Imaginable from this Town whom you Represent:—
John AlfordHenry DeringNathll CuninghamComittee
The Foregoing Return of the Committee was Presended[ted] Read Sundry times and Voted Approved.
The Report of the Selectmen upon Several Votes of the Town at their Meeting the 10th of March, 1728: were Read and Considered Viz.,
The Selectmen have Viewed the Marsh at the Bottom of the Common, and not finding any Material use that can be made of it at the present, and Considering the Present Circumstances of the Town Are of Opinion it is best to ly in the Condition it now is.
Read and the Report Accepted—....
As to the Proposals About Bennet Street—It is thought Convenient to be Paved if the Town thinke it Convenient to Raise Money for the Doing it at this Meeting.
Read and Refer'd for further consideration to the Next March Meeting....
New York Colonial Documents, IV, 71.
King William III appointed Fletcher governor of the royal province of New York, and commissioned him to command the militia also of Connecticut, the neighboring charter colony, in the war usually known as King William's War. The device was eminently wise, as a military measure; but it was stubbornly resisted by Connecticut. The historians of that colony delight to tell a legend that when the governor arrived and tried to have his commission read by his secretary to the militia (drawn up in arms to repel rather than to receive him), Captain Wadsworth drowned the reading by commanding drums to beat; three times this was repeated; and the last time Wadsworth added, "If you try again, I'll make daylight shine through you." The following document gives what is probably a more accurate statement,—but one which shows equally well that Connecticut had her way. For the general conflict of which this was one incident between crown and colonies, cf.American History and Government, §§ 117, 118.
Governor Fletcher of New York, to Mr. Southwell
Connecticute in New England
Octoer 30th '93.
Sir:
I have been in this Collony 20 dayes laboreing to perswade a stubborne people to theire dewty. I Publis'd their Majesties [William and Mary] Commission in theire General Court att Hartford. Assured them I had noe pretentions to their civell adminestration. But the mallitia being lodged in the Crowne ... I came with commission under the greate seale to take that ... charge. They refused all obedienc. Have sepperated not only from the Church, But Crowne of England; and allowe of noe appeale from theire Courts, nor the Lawes of England to have any force amongst them.Some of the wiseest have saide "Wee are not permitted to vote for any members of Parliamt, and therefore [are] not lyable to theire lawes." [Expresses military dangers due to refusal.]
I never sawe the like people. ... I could not force obedience haveing noe Company but a few servants and two friends; nor did I think it the King's service to carry on the contest to Bloude, tho they threaten to draw mine for urging my Masters right ... I have just now a letter from a sure freinde acquainting mee the mobb have a designe upon my life. I must not goe out of the way, tho' very thinly attended....
[The following November 10, Fletcher wrote from New York to the Committee on the Colonies urging that the Connecticut Charter be proceeded against under a writ of quo warranto, with a view of uniting that colony with New York. The same letter describes in detail the serious perils from French and Indians. One paragraph should be quoted: "Our hardships grow upon us. Canada ... hath received seven hundred men and stores of Warr from France this last Summer. Our Indians falter ...These small Colonies ... are [as] much divided in theire interest and affection as Christian and Turk. ..."]
[The following November 10, Fletcher wrote from New York to the Committee on the Colonies urging that the Connecticut Charter be proceeded against under a writ of quo warranto, with a view of uniting that colony with New York. The same letter describes in detail the serious perils from French and Indians. One paragraph should be quoted: "Our hardships grow upon us. Canada ... hath received seven hundred men and stores of Warr from France this last Summer. Our Indians falter ...These small Colonies ... are [as] much divided in theire interest and affection as Christian and Turk. ..."]
New Hampshire Provincial Papers, VI, 908 (edited by N. Benton).This commission, in compact form, describes the government of a royal colony just before the Revolution. The omissions (indicated by ...) are mainly tautological phrases.
New Hampshire Provincial Papers, VI, 908 (edited by N. Benton).
This commission, in compact form, describes the government of a royal colony just before the Revolution. The omissions (indicated by ...) are mainly tautological phrases.
George the Third, by the grace of God of Great Britain, France, and Ireland, King....
To our Trusty and well beloved Benning Wentworth Esquire, Greeting:Know you, that Wee, reposing especial Trust and Confidence in the Prudence, Courage, and Loyalty of you Benning Wentworth, of our Especial grace, certain Knowledge, and meer motion, Have thought fit to constitute and appoint you ... to be our Governour and Commander-in-Chief of our Province of New Hampshire ... with all ... the authoritys hereby granted you ... during our will and Pleasure:
And Wedo hereby require ... you to ... execute all things ... that shall belong unto your said Command ... according to the several Powers ... granted ... you by this Present Commission ... or by such further powers, Instructions, and Authorities as shall at any time be granted or appointed you under our ... sign manual ... and according to such reasonable Laws and Statutes as now are in force or hereafter shall be made and agreed upon by you with the advice and consent of our Council and the Assembly of our said Province....
And weedo hereby give ... you full Power ... to suspend any of the members of our said Council from sitting, Voting, and assisting therein, if you shall find just cause for so doing: and if it shall at any time happen that by the Death or Departure out of our said Province, suspension of any of our said Councillors, or otherwise, there shall be a Vacancy in our said Council (any three whereof we do hereby appoint to be a Quorum), our Will and Pleasure is that you signify the same to us by the first opportunity, that we may ... appoint others in their stead; but that our affairs at that Distance may not sufferfor want of a due number of Councillors, if ever it shall happen that there shall be less than seven of them residing in our said Province,Wee dohereby give ... unto you ... full Power ... to choose as many Persons out of the Principal Freeholders, Inhabitants thereof, as will make up the full Number of our said Council to be seven, and no more....
And weedo hereby give ... you full Power ... with the advice and consent of our said Council from time to time, as need shall require, to summon and call General Assemblys of the said Freeholders and Planters within your Government, in manner and form according to the usage of our Province of New Hampshire:
Wee dohereby Declare that the Persons so elected and qualified shall be called and Deemed the General Assembly of our said Province ... and that you ... with the consent of our said Council and Assembly, or the major part of them respectively, shall have full Power ... to make, Constitute, and ordain Laws, Statutes, and Ordinances, for the Publick Peace, Welfare, and good Government of our said Province ... and for the Benefit of us our Heirs and Successors,—which said Laws ... are not to be repugnant, but, as near as may be, agreeable to the laws ... of this our Kingdom of Great Britain.
Provided thatall such Statutes and Ordinances, of whatever nature and Duration soever, be, within three months ... after the making thereof, transmitted unto us ... for our approbation or Disallowance [as also Duplicates of the same by the next conveyance]; and in case any or all of the said Laws ..., not before confirmed by us, shall at any time be disallowed ... and so signified by us our Heirs or Successors ... unto you ... or to the Commander-in-Chief of our said Province for the time being, then such and so many of the said Laws ... shall from thence cease, Determine, and become utterly void....
Andto the end that nothing may be passed or done by our said Council or Assembly to the Prejudice of us, our Heirsand Successors, We will and ordain that you ... shall have ... a negative Voice in the making and Passing of all Laws and Statutes and ordinances ...andyou shall and may ... from time to time, as you shall judge it necessary, adjourn, Prorogue, and Dissolve all General Assemblies as aforesaid....
And Wedo hereby authorize ... you to constitute ... Judges, and, in cases requisite, Commissioners of Oyer and Terminer, Justices of the Peace, and other necessary officers ... in our said Province for the better administration of Justice and putting the Laws in execution....
And wedo hereby give ... you full Power ... where you shall see cause, or shall Judge any offenders ... fit objects for our mercy, to Pardon all such ... offenders, and to remit all ... fines and forfeitures, Treason and Willfull murder only excepted ... in which cases you shall likewise have Power, upon extraordinary occasions, to grant reprieves ... until ... our royal Pleasure may be known....
And Wedo hereby give ... unto you ..., by yourself or by your Captains ... by you to be authorized, full Power ... to Levy, arm, muster, command, and Employ all persons whatsoever residing within our said Province ... for the resisting and withstanding of all enemies, Pyrates, and rebels ... and to transport such forces to any of our Plantations in America, if necessity shall require, for the Defence of the same ... and to Execute martial Law in time of Invasion, or other times when by Law it may be executed, and to do and execute every other thing ... which to our Commander-in-Chief doth or ought of right to belong....
And Wedo hereby command all officers ... civil and military, and all other Inhabitants ... to be obedient aiding and assisting unto you, the said Benning Wentworth, in the Execution of this our Commission ... and in case of your Death, or absence out of our Province, unto such person as shall be appointed by us to be our Lieutenant Governor ... to whom we do therefore by these Presents give and grant all and singular the Powers and authorities aforesaid [and, if noLieutenant Governor has been named, then] the Eldest Councillor, whose Name is first placed in our Instructions to you ... shall take upon him the administration of the government and Execute our said Commission ... and the several Powers therein contained.
(Trial of John Peter Zenger, 1735.)