<Hinman’s Antiquities

A letter from Charles II in relation to the case
of William Harriss, August 4, 1675.

CHARLES R.

Trusty and well beloved, we greet you well:— Whereas our subject, William Harriss, planter, in the colony of Rhoad Island, did by his humble Petition presented to us in councill, set forth, that he and twelve others his partners, near forty years since, purchased from certain Indians, a parcell of land, called Patuxett, and peaceably enjoyed the same for severall years, till they were disturbed by some of our English subjects of the town of Providence, but that the difference between them, being put to an award, the determination was given in favor of the Petitioners, and they accordingly remained in quiet possession, and held the same for several years, untill it happened that three of the said partners having a mind to breed disturbance, and pretending title to the land in virtue of another purchase, which they made from Indians who had more right, as they alledged, then the former, these men impleaded the petitioners in our Colony of the Massachusetts, but upon a fair tryall by jury, he had a verdict given in his favour, and did accordingly for some years after remain in quiet possession, that after this the said three persons being restless and of unquiett spiritts did bring on fresh troubles to the petitioners on the same account, so the matter being put to an award, and arbitrators being equally chosen out of the Colony of the Massachusetts, and that of Rhoade Island, for the greater solemnity of the determination, the petitioner and his partners did againe receive a sollemn award in their favour, and they did accordingly remain in quiet possession of the premises for above twenty years after, but about the year 1663, one John Hazzard and two others, who had fled from the Province of Connecticott, coming with pretence that they had made a purchase of the petitioners land, from som Indians who had right to sell, they entered on a great part of the petitioners lands by force, and the petitioner impleaded them at Law, and having obtained a verdict and judgement, it yett so happened by means of severall factions and parties which they have made to withstand justice, that they resisted ye execution of that judgement, and for pretences only, alledged that our commissioners being then there, did promise them to reheare all the matter in difference, when they returned into the said Colony, which our commissioners never did; the petitioner hath also further sett forth, that besides all the said mollestations, he had been frequently disquieted, sometimes by the pretensions of the Towne of Warwick, sometimes by the Towne of Providence, in the Colony of Rhoade Island, sometimes by two parties of men belonging to the Colony of the Massachusetts, and lastly by a party of men belonging to the Colony of New Plimouth, all of them in severall times pretending purchasses made from different Indians, who had right to sell, whereas the petitioners setts forth, that as he and his partners were the first purchassers and tooke care to derive their title from the chief Indians, who were then in actuall possession of the premises, so he remained quiett in his purchase, for about seven years after, till the improvements made by him and his partners on the premises, more than any foundation of right, tempted others to desire and invade their possession, upon all which representations of troubles, the petitioner having implored our Royall protection, and that we would order the Governours of each of those Colonyes which are bounding with Rhoad Island, and whose inhabitants contribute to this disturbance to give their ayd and assistance towards the quieting of this matter, and that the Governours might in pursuance of our Royall orders, agree amonge themselves to depute some able, honest, and indifferent persons to hear all differencies, and to appoint a jury equally chosen out of the respective Colonies, in order to quiett them, in the possession of their said lands of Patuxitt, if in justice they appear to have right thereunto, and we having refered the examination of this matter to our committee of trade and plantations, and they after examination of the matter, having reported to us, that the petitioner and his partners are very fit objects of our Royall care and protection, wee are therefore in compassion to their long and many sufferings, graciously inclined to order them redress in the most speedy and effectuall way that can be proposed, and our will and pleasure is, and wee doe hereby command you the Governour of our Colony of Connecticott, to appoint som able, honest and indifferent persons to joyn with such others as shall be appointed by the other respective Governours of our said Colonies to whome we shall also send our command in this behalfe, and that you give them full and sufficient authority to cause the differences and troubles arising to the petitioners and his partners concerning the land of Patuxitt to be brought to a fair tryall, and that by a just and indifferent and upright jury to be in like manner appointed, that all may be finally determined according to justice and without delay, and of your proceedings herein, to send us an account with all convenient speed, and so wee bid you farewell—Given at our Court at Hampton. the 4th day of August, 1675, in the seven and twentieth year of our Reigne.

By his Majesties command,

J. WILLIAMSON.

To our trusty and well beloved, John Winthrop, Esqr., Governour of our Colony of Connecticott, and to our Governour or Governours there, for the time being.