WHITE HALL, APRILL the 26th, 1697.

SIR — According to your desire I send you here-withall a copy of the case of the Dutchess of Hamilton, and am thereupon commanded by the Lords Commissioners of the Councill of Trade, to desire you to dispatch your answer thereunto without delay.

I am sir your most humble servant,

WILLIAM POPPLE.

The Case of the Dutches of Hamilton, presented to the King in Council.

Third November, 1620, King James the first, by Letters Pattent, incorporated the Duke of Lenox, Marques of" Buckingham, and divers others, by the name of the great Councill of Plymouth, in the county of Devon, for the planting, ruleing, ordering and governing New England, in America, and grants to them and their successors, all the lands, &c. in America, lying between forty and forty eight degrees of northerly lattitude, and all islands, seas, rivers, creeks, inlets and havens, within those degrees, reserving only a fifth part of the oar gold and silver.

Twenty second Aprill, 1635, the great Councill of Plymouth, reciting the letters pattent above, in performance of an agrement amongst themselves, and for a competent summ of money, grant to your petitioners father, James then marquess of Hamilton, (afterwards Duke of Hamilton,) his heirs and assigns, amongst other things, all that part and portion of the main lands of New England, beginning at the middle or mouth of the entrance of Connecticutt river, and from thence along the sea coast to the Narragansett river or harbour, to be accounted sixty miles in length and breadth, and all islands and isletts, as imbayed as within five leagues distance of the premises, and abutting upon the same or any part thereof, not otherwise granted by any by speciall name, and appoints the premises to be called from thence-forth by the name of the county of New Cambridge.

1636, the Duke of Hamilton sent over an agent to survey and settle the country, but the civill warr beginning soon after, and the Duke of Hamilton being engaged in the Kings service, had no further leisure to look after his interest in America; and the revolt of those colonys from the King, made it impracticable for him so to doe.

The Duke of Hamilton lost his life for the King, and leaving your petitioner, his daughter and heir, under age, whose misfortune, as well as minority, incapacitated her to assert her right.

Duering this time severall persons from other adjacent colonies settled themselves on the petitioners lands, without any legall authority derived from her or her father.

1664, after the restoration of King Charles the second, the late Duke and present Dutchess of Hamilton, made their claime by petition to the King, who referred it to the Commissioners then appointed to settle the affairs of New England, to examine the petitioners title, and restore them to their right, or to report their opinion to the King.

This refference did not arrive, till two of the Commissioners, vizt. Sr Robert Carr and Coll. Cartwright were returned to old England; but the other two Commissioners, Collonel Richard Nicholls and Mr. Mavericke, in one thousand six hundred sixty six, reported that the grant made to the petitioners father, took in all Rhoad Island colony and about half of Connecticutt and that the Sachems of the Narraganset country or King Province, had in one thousand six hundred forty four, (which twenty three years after the grant from King James the first to the Councill of Plymouth, and nine years after their grant to the Marquess of Hamilton,) by a deed surrendered themselves and country into the protection of King Charles the first; and that two of those very Indian Kings delivered the same deed to the Commissioners in one thousand six hundred sixty four, who thereupon entered into the country in the name of King Charles the second, and named it the Kings Province, and appointed Justices of the peace to govern it till the Kings pleasure were further known.

Notwithstanding this evasive report, taking no notice of the petitioners claime, King Charles the second issued out a proclamation, prohibiting all persons to intrude or plant on the said Narroganset country, to prevent the irregular settlements which have since happened in that place, of which the petitioner complains.

1682, King Charles the second appointed Mr. Cranfield, Mr. Dudley, Commissioners for examining the titles of all persons claiming right in the Narroganset country.

The late Duke of Hamilton and the petitioner haveing notice of this Commission, impowered Mr Edward Randolph to exhibit their title before Commissioners, but they had finished and sealed up their report before he arrived there.

Mr. Randolph notwithstanding made his application to the Commissioners, and produced the petitioners title before them, but the fleet being then ready to sail for England, and the persons of whom the petitioner complained, being then not present, the Commissioners only made a short report, that they had seen the petitioners grant, and that it comprehended the greatest part of Narroganset country, and that they had sent copies of it to the planters who had intruded into that country without title, that they return their answer to England.

1687, Sir Edmund Andross, then Governour of New England, received a Commission to make further enquiry into the propriety of the Narroganset country, who upon a full hearing of all persons then possessing that country, reports, that the possessors had no legall title, but were intruders, and that the grants of that country to Connecticutt and Rhoad Island people, which were obtained from King Charles the second, in one thousand six hundred sixty two, and one thousand six hundred sixty three, were got by surprize and false suggestions of some former grants, which he averrs in that report were never made.

Of this Commission and report, the petitioner had no manner of notice, and therefore could make no claime before him, otherwise the petitioner makes no doubt but her title had been sustained at that time.

MEMORANDUM

Upon the twenty ninth of Aprill, 1697, the Earle of Aran delivered to the Councill of Trade, another copy of the case of Ann Dutchess of Hamilton, in which the paragraph beginning, Mr. Randolph, notwithstanding, &c., was altered in the words following—

Notwithstanding, the Commissioners being closed, upon the application of Mr. Randolph, they gave in an additional report in the year 1683, wherein they declare, that they had summoned the proprietors who made claime to the Kings Province or Narragansett country, and in their presence had read the copie of the Duke and Dutchess of Hamiltons deeds, and heard Mr. Randolphs pleas and improvements thereon, as agent for the Duke and Dutchess of Hamilton, and have also received the answer and defence of the said proprietors, and at the same time they did also order copies of the deeds of the Duke and Dutchess of Hamilton to be sent to the colony of Connecticutt, to the end that they might make answer thereunto, which was don in eighty three, and in December following, the Governour and Councill of Connecticutt, gave in their answer to the Duke and Dutchess claime, which the petitioner is ready to produce, with the reply thereunto.