At the Court at White Hall, the 19th of Aprill, 1694.

PRESENT,

The KINGS most Excellent Majesty.

Lord ARCH BP, of Canterbury, Lord Keeper, Lord PRESIDENT, Lord PRIVY SEEALE, DUKE of Bolton, Lord STEWARD, Lord CHAMBERLAINE, EARLE of Oxford, EARLE of Shrewsbury, EARLE of Bridgewater, EARLE of Bathe, EARLE of Rochester, EARLE of Montague, EARLE of Scarborough, EARLE of Ranelagh, Lord VISCOUNT SYDNEY, Lord VISCOUNT FALKLAND, LORD BP, of London, Lord CORNWALLIS, Lord CONNINGSBY, SR ROBERT HOWARD, Mr, TRENCHARD,MR. CHANCELLOR of the Exchequer, SR HENRY GOODRICHE, Mr. RUSSELL, Mr. BOSCAWEN.

A Petition haveing been presented to his Majesty, by Major General Fitz John Winthrop, Agent for the English Colony of Connecticut, in New England, in America, in behalf of the said Colony, by the name of Governour and company of the English Colony of Connecticut, in New England, in America, setting forth that the Petitioners by Letters Pattents, under the great Seale of England, in the fourteenth year of the Reigne of the late King Charles the second, were incorporated by the name of the Governour and company of the English Colony of Connecticut, in America, with power as well for the civill administration of affairs, as the Lieutenant for the ortiering, arranging, modelling and conducting the Militia, for the special defence of the Colony,— That from the date of the said grant, untill the month of October last, they have enjoyed the said liberties and priviledges without forfeiture or mollestation, except some interruption they recei-ved in the Reigne of King James the second ; that Coll. Ffletcher, Governour of New York, in October last, by colour of his Majesties commission, whereby for the uniting the forces of the said Province and Colony, he was created Comander in Chief of the Militia of the said Colony, and did demand of the Petitioners, not only to submitt to him as Lieut. Generall and Comander in Chief over the full Quota of the Militia of that Colony, in conjunction with those of New York and the adjacent Governments, but likewise the particular Lieutenancy of the said Colony, and the power of assessing, modelling and establishing the Militia thereof. The Petitioners therefore humbly pray-ing the said comission may receive such explanation and restriction, as to his Majesty, in his Royall justice and wisdome shall seem meet. And his Majesty having been pleased to referr the said Petition to the Right Honnourable the Lords of Comittee of Trade and Plantations, to consider the matter of the said Petition, and to Report what they conceive fit for his Majesty to do therein, and the Lords of the Comittee haveing received the Report of their Majesties Attourney General and Solicitor General, upon the matter of the said Petition, together with the address of the Colony of Rhoad Island, and touching the uniting the strength of those Colonys against the French, which report is in the words following:

May it please your Lordships,

In obedience to your Lordships commands signified to us by Mr. Blaithwaitt, the 3d of January and the 3d of February last, by which we were to consider the severall charters of Connecticut and Rhoad Island, and the grants of East and West Newjersey, and to Report our opinion upon the whole matter, what may be done for the uniting the strength of those Colonys and New York under a chief commander, to be comissionated by their Majesties, for the defence of their Majesties subjects in those parts, against the French, and also to consider the anexed copy of the Petition of the Governour and company of Connecticut, and to request our opinion thereupon. Wee have considered the matter to us referred and do finde that King Charles the second, by his charter, dated the 23d of Aprill, in the 14th year of his Reigne, did incorporate John Winthrop and several other persons therein named, and all others who then were or after should be admitted and made free of the company, to be a corporation, by the name of the Governour and company of the English Colony of Connecticut, in New England, in America, with such powers, priviledges and capacities as were usually granted to corporations of like nature, and to have continuance and succession forever, and therein the bounds of the colony are described, and a grant thereby made to the corpotion of all land, soyle, ground, havens, ports, jurisdictions, royalties, priviledges, franchises and hereditaments within the same or thereto belonging; to be holden to the corporation and their successors in trust, for the benefit of themselves and their associates freemen of that Colony, their heirs and assigns, of the Kings of England, as of their manner of East Greenwich, by the fifth part of the o'are of gold and silver there found, with power to the corporation, to make laws, elect Governours, Deputy-Governours and assistants, erect Judicatures and Courts, and choose officers for the civill Government, and thereby also power is granted to the, chief comanders, Governours and offi-cers of the company, and others inhabiting there, by their leave or direction for their speciall defence and safety, to assemble, martiall, array and put in warlike posture the inhabitants of the Colony, and to comission such persons as they should thinke fitt, to lead and conduct the inhabitants, and to encounter, resist, kill, and slay all that should attempt or enterprize the invasion or annoyance of the inhabitants or plantations, and to exercise martial law, and take and surprize the invaders or attemters of the plantation, or hurt of the company and inhabitants, and on just occasion to invade and destroy the natives or the enemies of the Colony.

Wee also finde, that King Charles the second, in the fifteenth year of his Reign did incorporate divers persons by name, and such others as then were or after should be admitted and free of the company, by the name of the Governour and company of the English Colony of Rhoad Islands and Providence Plantations in New England, in America, and granted them in effect the like powers and authorities, both civill and military, as are before mentioned to be granted to Connecticut.

Wee find that the civil Governments in those plantations or Colonys, executed the Military powers conferred by the charters, but that their Majesties in the third year of their Reigne, by their comission constituted Sr William Phipps Lieutenant and comander in chief of the Militia, and of the forces by sea and land, within the Col-onys of Connecticut, Rhoad Island, Providence Plantation, Kings Province, and Province of New Hampshire, and all Forts and places of strength in the same, with severall powers and authorities. And that their Majesties by their comission under the great seal, dated the tenth of June 1693, revoked so much of Sr William Phipps his comission and powers as related to the Colony of Connecticutt, and by the same comission constitute Benjamin Fletcher Esqr, their Majesties Captain General and comander in chief of New York, Pensilvania, New Castle, and the territories and tracts of land depending thereupon, to be the comander in chief of the Militia, and of all the forces by sea and land within the Colony of Connecticutt, and of all Forts and places of strength within the same, with power to levy, arme, muster, command or imploy the Militia of the said Colony, and upon any necessary and urgent occasion dureing this warr, to transferr to the Province of New York and frontiers of the same, for resisting and with-standing enemies, pyrates and rebells both at land and sea, and defence of that Province and Colony, of which comission, and the large powers therein contained as to Connecticut, the Colony of Connecticutt, by their annexed petition do complain and pray redress against the exercise of it in such manner over the whole Militia, and therein shew their reasons against it.

Wee have heard Coll. Winthrop and his councill on the behalf of the Colony of Connecticut, and Mr. Almey and his councill on behalf of Rhoad Island and Providence Plantation, and Dr. Cox appeared on the behalf of East and West New Jersey, and produced some writings, shewing how the same was granted out from the Crown to the Duke of York, and by the Duke of York to others; but the Doctor not claiming any title to himself, it doth not appear to us, in whome the estate in law of those places or of the Government thereof, civill or Military doth now reside, nor how the same is exercised. But haveing received the annexed estimate from Mr. Blaythwaite, wee communicated the same to the Agents for Con-necticut, Rhoad Island and Providence Plantations, who declared their readiness duering the times of danger, to provide their respective Quotas therein contained, and in case of encrease of danger, or other necessary occasions duering the continuance thereof, their respective Quotas to be proportionally increased with other Colonys, but as to the remaining Militia beyond the Quotas (which it seems in those countrys, consists of all males between 16 and 60 years of age,) they humbly desire that it may remaine under the ordinary and usual Government and command of the Colonys, according to their charters, and not to be commanded out, unless in times of actual invasion or eminent danger, for the necessary preservation of some of their Colonies, and at such times only when such of the Colonys whereout the forces shall be drawn, are in danger, and that at all times a sufficient power of Militia may be always kept in each Colony under the power of the Government of it, for the safety and necessary preservation thereof. We are humbly of opinion that the charter and grants of those Colonies, do give the ordinary power of the Militia to the respective Governments thereof; but do also conceive that their Majesties may constitute a chief comander, who may have authority at all tymes to command or order such proportion of the forces of each Colony or Plantation, as their Majesties shall think fitt, and further in times of invasion and approach of the enemy, with the advice and assistance of the Governours of the Colonys, to conduct and command the rest of the forces, for the preservation and defence of such of those Colonys as shall most stand in need thereof, not leaving the rest unprovided of a competent force for their defence and safety; but in time of peace, and when the danger is over, the Militia within each of the said Provinces, ought as we humbly conceive to be under the Government and disposition of the respective Governours of the said Colonies, according to their charters, all which nevertheless is most humbly submitted to your Lordshipps great wisdome.

EDWARD WARD,

THO. TREVOR.

And the Lords of the comittee haveing presented to his Majesty in councill, the Report of Mr. Attourney and Mr. Solicitor Generall upon the matter abovementioned, his Majestie in councill is pleased to approve the said Report, and to signify his pleasure, that the Quota, not exceeding one hundred and twenty men, be the measure of the assistance to be given by the Colony of Connecticutt, and all times duering the warr to be commanded by the Governour of New York; and the Right Honnourable Sr John Trenchard, his Majesties principall Secretary of State, is to prepare Letters for his Majesties Royal Signature, for the signification of his Majesties pleasure herein to the Governours of New York and Connecticut accordingly.

WILLIAM BRIDGEMAN.