USA > Rhode Island > Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. III pt 1 > Part 1
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01145 8137 ITT
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Gc 974.5 R34b v. 3 pt.1
2180183
REYNOLDS FISTORIONE GENEALOGY COLLECTION
Colonial RECORDS
OF THE
COLONY OF RHODE ISLAND, AND
PROVIDENCE PLANTATIONS. IN
NEW ENGLAND.
RHODE ISLAN
OP
PRINTED BY ORDER OF THE GENERAL ASSEMBLY.
EDITED BY JOIIN RUSSELL BARTLETT, SECRETARY OF STATE.
VOL. III. V.3 Part 1
1678 To 1706.
PROVIDENCE : KNOWLES, ANTHONY & CO., STATE PRINTERS 1858.
ALLEN COUNTY PUBLIC LIBRARY FORT WAYNE, INDIANA
2180183
1
REMARKS.
1
THE Third Volume of the Colonial Records of Rhode Island commences with the proceedings of the April session of the General Assembly, in the year 1678, and ends with the October session of that body, in the year 1706 ; thereby in- cluding twenty-nine years of the Colonial Annals.
The events of this period are among the most important in our Colonial History. They include They include first, a discussion of the several claims for the ownership of Mount Hope and the Nar- ragansett Country ; the latter, from royal grants, the limits of which had never been defined. The Duke of Hamilton, the Earl of Arran, Major Atherton, Governor Winthrop, of Connec- ticut and his associates, with others, claimed large portions of this country. Connected with these, is the official Report of the Narragansett Commissioners, who were appointed by Charles the Second, to inquire into the respective claims and
IV.
REMARKS.
titles of individuals, as well as Corporations, to the jurisdiction of that country, known also as the King's Province.
Next follow the complaints to the King against the Colony, by Edward Randolph, with articles of misdemeanor ; in conse- quence of which, writs of quo warranto were issued by the King against the colonies of Rhode Island and Connecticut, the latter of which was also the subject of complaint. The documents con- nected with these transactions, including the orders in Council, and the addresses from the Colony, elucidate much in the an- nals, which would otherwise be obscure. The proceedings of Joseph Dudley, Governor of the New England Colonies and President of the Council, close this portion of our history.
The subversion of the Charter government, and the adminis- tration of Sir Edmund Andros, render the year 1686 an impor- tant era in our Colonial history. The Colony was now merged into the government of New England, under that Royal Gov- ernor, and degenerated into a mere county. No meetings of the General Assembly took place under his government, and the only records that in any way show what was done in the Colony dur- ing this period, are those of the Courts of Quarter Sessions. These, though meagre, have been introduced into this volume as a link in the chain of our annals. Further to elucidate this portion of our history, the commission of, and instructions to, Sir Ed- mund Andros, from James the Second, with a variety of letters, addresses, etc., have been introduced. The particulars connect- ed with the arrest and imprisonment of Andros in Boston, and the first revolution in New England that followed the accession of William and Mary to the English throne in 1689, complete the history of his administration of the American colonies. No
V.
REMARKS.
records of the official proceedings of the Council of Sir Edmund Andros are known to exist. It appears that they were forward- ed to England, during the administration of Sir Edmund, but they are not now to be found in the English State Paper Office.
The valuable documents so important to fill up this chasm in our annals, are taken from the collection of papers in the possession of our townsman, John Carter Brown, Esq., for whom they were copied from the originals in Her Majesty's State Paper Office, London ; from the "Usurpation Papers," or docu- ments relating to the administration of Sir Edmund Andros, in the " Collections of the Massachusetts Historical Society ;" and from the "Documents relating to the Colonial History of New York," recently printed by that State.
The Colonial Records, beginning with the assumption of the Charter in February, 1690, after the fall of Andros, are now followed to the year 1706, where the volume ends. It is to be regretted, however, that the proceedings of certain sessions are wanting in 1691-93, '94 and '95, and are not known to exist among the State Records, or among the archives of any towns in the State. Our little Colony continued to suffer greatly from without ; and it is probable that among the con- stant calls from the Home government for the proceedings and public acts of the Colony, that the original records now miss- ing, were sent to England.
This opinion is strengthened from the fact, that after the printing of this volume had proceeded to the year 1695, there was found among the manuscript volumes in Mr. Brown's collection, copies of the entire proceedings of the General As- sembly of Rhode Island, for the sessions of May and June,
1%.
REMARKS.
1691; two sessions, in the proceedings of which, the State was deficient ; thus filling an important hiatus in its records. As these could not be inserted in their proper place, they have been added at the end of the volume, preceding the index. From the endorsement on these papers, it appears that they were transmitted to England by the Earl of Bellomont, who was sent to Rhode Island, under a commission from the King, to inquire into certain "irregularities."
The next serious troubles which the Colony had to contend with, was in consequence of " Representations to William and Mary about irregularities in the government." This led to the appointment of a commission of inquiry under the Earl of Bellomont. The full instructions to this nobleman, with the queries he was directed to put to the Governor and others in authority ; the various letters of the Board of Trade to and from the Governor, in relation to this matter ; the Report of the Earl of Bellomont on the irregularities charged against Rhode Island; the Journal of the Earl's proceedings in the execution of his Majesty's Royal Commission, when he visited Newport ; with a number of letters, to and from the prominent men of that day, appear at length in this volume. These im- portant papers, so indispensable to the elucidation of our his- tory, are almost entirely taken from Mr. Brown's magnificent collection of manuscripts, generously placed by him at the disposal of the editor. Some other papers have been kindly furnished by the Secretaries of State of New York and Con- necticut, from their public archives.
The concluding documents in the volume appertain to the history of the privateers and pirates, which infested our waters.
VII.
REMARKS.
among which the notorious Captain Kidd appears. The fa- cilities with which privateers' commissions were obtained of the authorities led to serious complaints, and involved the Colo- ny in many difficulties. For the papers illustrative of these, which are inserted where the events are referred to in the leg- islative proceedings, the editor is also indebted to Mr. Brown.
PROVIDENCE. May. 1858. J. R. B.
RHODE ISLAND RECORDS.
RHODE ISLAND RECORDS.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, the 30th day of April, 1678.
Mr. Benedict Arnold, Governor. Major John Cranston, Deputy Governor.
ASSISTANTS. . Mr. Thomas Olney, Jun'r,
Mr. James Barker,
Capt'n Peleg Sanford,
Capt'n Samuel Wilbore,
Mr. Joseph Clarke,
Mr. John Whipple, Jun'r,
Capt'n John Greene,
Mr. Stephen Arnold,
Mr. Samuel Gorton,
DEPUTIES.
For Newport.
Mr. Caleb Carr,
Mr. Thomas Ward,
Mr. Edward Richmond, Mr. John Greene,
Mr. James Barker, Jun'r, Mr. John Rogers, For Providence. Mr. Edward Enman, Mr. Samuel Bennitt, Mr. Thomas Arnold, William Haukins, Jun'r. For Portsmouth. Mr. John Sanford, Mr. Hugh Parsons,
Lieut. William Correy, Mr. William Wilbore. For Warwick. Mr. Walter Todd,
Mr. Thomas Greene,
Mr. Elza Collins, Mr. John Carder.
For New Shorcham. Capt'n John Sands.
For East Greenwich. Seargent Clement Weaver, Sergeant Thomas Dungin.
Capt'n John Albro,
4
RECORDS OF THE COLONY OF RHODE ISLAND,
[1678
The Deputy Governor chosen Moderator.
John Sanford chosen Clerke.
Voted, John Remington, Jun'r, Thomas Coddington, Richard Barnes, Josias Arnold, Henry Timberlake, and Philip Long, all freemen of the towne of Newport, are admitted freemen of this Collony.
Voted, William Coggeshall, Joseph Nicolson, Sen'r, Joshua Coggeshall, Jun'r, Benjamin Hall, Thomas Cornell, Robert Ha- vens, William Wilbore, Jun'r, John Cooke, sonn of Thomas Cooke, Stephen Brayton, Gyles Slocum, Jun'r, and Thomas Brigs, freemen of the towne of Portsmouth, are admitted free- men of this Collony.
Voted, Malachi Roades, Thomas Hopkins, Joseph Stafford, Peter Green, Jonathan Knight, John Houldon, James Carder, Henry Knowles, and Hugh Stone, all freemen of the towne of Warwick, are admitted freemen of this Collony.
Voted, This assembly is dissolved.
At the Generall Assembly and Election held for the Collony at Newport, the 1st of May, 1678.
The above named Magistrates and Deputyes, members of this Assembly.
Voted, That Mr. Samuel Gorton and Mr. Caleb Carr are ap- pointed to receive the votes from each person, and if any votes be brought double, they may open them, and soe deliver but one into the hat from each man.
Voted, Capt'n Peleg Sanford and Mr. Stephen Arnold are appointed to open the proxies.
Voted, John Sanford and Lieut. Edward Richmond are ap- pointed to write the names of those that vote.
By the Election, was chosen the following, who were sev- erally engaged.
GOVERNOR.
Mr. Benedict Arnold, Sen'r.
DEPUTY GOVERNOR.
Major John Cranston.
5
AND PROVIDENCE PLANTATIONS.
1678.]
ASSISTANTS.
RECORDER.
Mr. James Barker,
Capt'n Peleg Sanford,
GENERAL SERGEANT.
Mr. Joseph Clarke,
Mr. Stephen Arnold,
Mr. Thomas Olney, Jun'r,
Capt'n Peleg Sanford.
Mr. John Whipple, Jun'r, Capt'n Samuel Wilbore,
GENERAL ATTORNEY.
Lieut. Edward Richmond.
Capt'n John Albro,
Mr. Samuel Gorton,
Mr. Thomas Greenc.
SOLICITOR. Mr. Edmund Calverlyc.
MAJOR. Deputy Governor Cranston.
Voted, That whereas Mr. Benedict Arnold, Sen'r, is by free vote of the people chosen Governor, and he being soe ill that he cannot come to the Assembly, the Deputy Governor, with Mr. James Barker and Capt'n Peleg Sanford, Assistants, and the Recorder, are empowered to goe to him and receive the en- gagement from the said new elected Governor.
Voted, Whereas in the late unhappy war with the Indians in the year 1676, there appearing great a necessity of calling a Court Martiall in Newport, in his Majesties Collony of Rhode Island and Providence Plantations, the 23d of August, for the then present tryall of a certain number of rebellious and tray- terous Indians, prisoners, then in safe custody of prison, which with great care and prudence of his Majesties Justices of this Collony, together with the commissioned officers of the several traine bands, was held in Newport, aforesaid, a Court Martiall for the tryall of the said Indian rebells, and such of them as were found guilty of such crimes as deserved death were by order of the said Court executed. And whereas, all the writ. ings and papers that doe concerne the said Court Martiall, are in the custody of Lieut. Edward Richmond, who was Clerke of the said Court, should have been delivered unto the then Sec- retary, Mr. Richard Bailey, to record in the Booke of the Gen- erall Councill, which hath not been done, and the said Mr. Richard Bailey being deceased : This Assembly doe order, that
John Sanford.
Thomas Fry. GENERAL TREASURER.
6
RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
the said papers shall be delivered unto the Generall Recorder, to be recorded in the Booke of the Generall Court of Tryalls. And alsoe the Recorder shall draw out and give unto Major John Cranston, who was president of the said Court Martiall. copys of all the said Court's proceeds, and the charge thereof to be borne by the Collony; and the said copys to be delivered within tenn days after the publication of these orders. Alsoe, that the proceeds of the Court Martiall held the 21st of June, 1677, shall, after the recording of the forementioned acts, be recorded by the Recorder in the said Booke of Tryalls, on publiek charge.
Voted, Whereas, his Majestie in his most gracious Pattent hath bountifully been pleased to declare, order and command, that the Generall meetinge or Assembly of this Collony shall consist of the Governor, or Deputy Governor, and six of the Assistants, at least to be seven, with soe many of the freemen which shall be elected by the freemen of the respective townes, according to the Charter, and then present at such Assembly. And not in the least doubtinge his Royall Majesty's reall meaninge and intent therein was, and still is according unto his express words of his Pattent : It is therefore ordered by this Court and the authority thereof, That the Generall Assembly of this Collony shall be the Governor, or in his absence the Deputy Governor, with six of the Assistants, and soe many of the freemen as shall be elected in each respective towne, ac- cording to the Charter, or the major part of them then present, who shall have full power and authority to make, constitute and enact such laws, orders and ordanences as to them shall be duly judged to bee for the good and weall of this said Collony and the inhabitants therein, according to the Charter ; and to lay such mulets and rates upon the inhabitants thereof as shall be necessary for the payment of debts or otherwise, for the main- taininge. preserveinge and upholding the Charter, and the great priviledges and libertys therein so graciously granted. Vett it is the real intent and meaning hereof and hereby eu- acted, that noe rate, tax or mulet shall be laved or imposed up- on the inhabitants of this Collony, before that each respective
1678.]
AND PROVIDENCE PLANTATIONS.
towne within the same have legall notice by warrant from the Governor, or in his absence or by his permission, the Deputy Governor, that such rate, tax or mulet is to be assessed, that soe the respective townes may accordingly by their represen- tatives give their due attendance ; any law, act, usage or cus- tom to the contrary in any wise heretofore, notwithstanding ; and in particular the law made at the Generall Assembly the 30th of October, 1672.
Voted, That a petition presented by John Spencer. Clement Weaver and Philip Long, is granted by this Assembly ; and they haveing therein desired that men shall be appointed to lay out the lands of East Greenwich, this Assembly doc give power to the petitioners and partners in said Greenwich to ap- point one or more to lay out the said towneship, and devide the great devisions, and when said land is survayed and layed out, it is desired that Mr. Samuell Gorton and others of War- wick, and any other place, may be present if they will take the paines, to see that the said land be fairly layd out, soe as not to intrude upon the lawfull rights of any others.
Voted, Upon a petition of Samuell Bennitt, for to be aceom- modated with an equall right or share of one hundred aeres of land in the township of East Greenwich, with the rest of the freemen of said towne, the said land is granted unto the said Samuell Bennitt on the same conditions as it was formerly granted to others the freemen of the said towne ; if any of the said former freemen relinquish their grant, and if it soe shall fall out that he cannot be accomodated there, he is to have the like proportion in the next towneship, of five thousand acres to be layd ont.
Voted, Whereas, there is a petition presented to this Assem- bly relating to the securing the estate of bankrupts, to the end it might be equally distributed to pay all just debts due out of the same, according to proportion, and that the estate of bank- rupts may not be privately concealed, or fraudulently impropri. ate to wrong, abuse and injure the true creditors of such bankrupts' estates, contrary unto the statutes of Queen Eliza- beth and King James in such cases made and provided.
8
RECORDS OF THE COLONY OF RHODE ISLAND, [1678
The Court haveing taken the matter into their searious con- sideration, and that a due, just and legall procced might be ad- ministered according to the reall intent and meaninge of the statutes above recited, doe by the power and authority of this Court, enact and declare, that five juditious and understanding men shall be elected and chosen Commissioners, and have hereby the whole and sole power of Commissioners of Bank- rupts conferred unto them as fully to all intents and purposes, as is expressed in the aforesaid statutes ; and that they, or the more part of them, have full power and authority to make an equall distribution of such bankrupts' estates. That is to say, to every of said creditors a proportion rate, and rate like ac- cording to the quantity of his or their debts ; and that such Commissioners and the more part of them, are hereby empow- ered to meet together, to consult, agree and determine the equall distribution as aforesaid, from time to time, untill such time as they have fully perfected the same ; as alsoe to consti. tute and depute such officer or officers as to them shall be found requisite and needfull for the mannageinge and full car- rying on the power and authority of the Commissioners or more part of them, by the due execution of the orders, judgments, rules, directions and sentences as from time to time they shall receive.
And further, it is hereby ordered, That the said Commis- sioners or the major part of them, shall sett forth proclamation according to the aforesaid statutes, that such creditor may thereby have notice to appeare and make forth what they can demand from the estate of such bankrupt. The persons elected and chosen the Commissioners of Bankrupts, are Major John Cranston, Capt'n Peleg Sanford, Mr. John Coggeshall, John Sanford, and Lieut. Edward Richmond, whoe shall upon their solemn oath sweare to doe equall justice to each person con- cerned, before they proceed to act in or concerninge the prem- ises abovesaid. And ordered, that a coppy of this act under the seale of the Collony, with the Recorder's hand, shall bee their suffitient commission to perform the premises.
Voted, Whereas there is presented to this Court a petition
9
AND PROVIDENCE PLANTATIONS.
1678.]
by John Foanes, Henry Tibbitts, and others therein concerned, and named, relatinge to purchase of land by them made in the Narragansett country, as appeareth more at large by a deed of sale of the same, bearing date the 1st of January, 1671-2, in which said petition the petitioners desire a ratifyca- tion of their said purchase. Butt findinge that part of the land by them claimed according to their purchase doc intrench upon some part of those lands already granted by the authority of this Collony to the towneship of East Greenwich, wee doe therefore order and appoint, that the towneship of said East Greenwich shall be first layd out with all the lands thereto belonging, as is already granted, and then what lands shall re- maine within the purchase of the petitioners according to their deed, dated as aforesaid : soc that noc part thereof may in- trench nor interfere upon any part of the former grant or grants granted to the people of the towneship of East Green- wich, aforesaid, nor upon any other good and lawfull grants or purchase already made, or procured in the said Narragansett country. And what quantity of land shall otherwise remaine, and be within the purchase of the said petitioners as aforesaid, wee doe grant to the said petitioners and their partners all to the number of twenty-four two thirds parts thereof, with all commoditys and conveniences to the same belonging, to them, their heirs and assignes forever; and one-third part of the land that shall be soe remaininge within the said purchase shall be- long to the proper use and benefitt of this Collony, to be dis- posed of as they shall see cause.
Voted, This Assembly haveing taken into consideration that the office of a Major is of principal concernment with respect to the regulating of the millitia, and whereas, there is an act made October 31, 1677, seeming to referr the choyce of a Major as aforesaid, wholly unto such as beare armes, soc that many of the antient freemen of this Collony may thereby be debarred of their priviledge in voteinge to a matter of such great consequence : therefore, this Assembly hath ordered and doe hereby declare, that henceforward every freeman in this Collony shall have free liberty to vote, provided they personally VOL. III. 1
10
RECORDS OF THE COLONY OF RIODE ISLAND, [1678.
appeare in the choyee of a Major, together with the Traine Company at the time of election or choyee of such an officer as it is hercotfore prefixed and concluded, any former act or clause in any law to the contrary notwithstanding.
Voted, whereas, complaints are made to this Assembly of the disobedience of some of the souldiers of the Traine Bands, in the refuseing to obey the commands of their superior ofli- cers and commanders, this Assembly doe referr the tryall and punishment of such offenders to the Major, together with the major part of the Captains and commissioned officers of the several Traine Bands of Rhode Island ; as alsoc in all other matters of that nature, properly belonging to them.
Voted, This Assembly is adjourned untill the 12th day of June next, and then to assemble againe at the house of Mr. Henry Palmer, in Newport.
June the 12th, 1678.
According to the aforesaid adjournment, the Assembly called and satt.
Voted, Upon a petition presented to this Assembly, by Col- lonell William Crowne, how he may proceed to recover what is his due from the state of the deceased Mr. John Paine, of Prudence, who deceased intestate. Upon long debate of that matter, and considering the laws made in such cases, this As- sembly, as their judgments in way of answer, doe declare they conceive it belongs to the Councill in any towne to be respon- sible for not docing their duty in all such cases, that relates to intestates, according to law.
Voted, Upon a petition presented by Edward Greenman to this Assembly, the matter therein contained haveing reference to, or being grounded upon a petition formerly presented to this Assembly, signed by the Honored Governer Arnold, Francis Brinley, William Hedge, and Jahleel Brenton, concerning the estate of George Browne, and that there may be Commissioners appointed to order the estate of the said George Browne, as a bankrupt. This Assembly had much serious debates, and pe- ruseinge and consideration of the laws in that case provided.
V.
11
AND PROVIDENCE PLANTATIONS.
1678.]
have and doe see cause to declare, that wee cannot find grounds by the laws of England, to proceed with the said Browne's es- tate as with the estate of a bankrupt. And in serious consid- cration of the premises aforesaid, doe therefore ordaine, enact and declare, that the former order made by this Assembly, May the 3d, 1678, concerninge the nominating, empowering and commissionatinge certaine gentlemen to be Commissioners of Bankrupts, shall be, and is hereby repealed, made null and voyd, to all intents and purposes, as if the said order had not been made, any thing therein contained to the contrary here- of notwithstanding.
Voted, Upon a petition presented to this Assembly by Ra- chill Andress, for a divorce from her husband Richard Andress, who for several years hath been absent from this Collony, and not heard of where he is; and probation made to this Assem- bly that he, the said Andress had a wife in old England, the Assembly doe see just cause to order, and doe grant a full re- lease and divorce to the said Rachill from her aforesaid hus- band, Andress.
Voted, Whereas, there is a petition presented unto this present Assembly, by the inhabitants of the towne of Warwick, and also another petition from Mr. John Foanes and Mr. Edward Thurston, for themselves and partners; in both which the pe- titioners doe complaine that the men of East Greenwich in layinge out of the land to them granted, have very much in- trenched upon the lands claimed by the petitioners, contrary to the true intent of the grant, which is like to raise and occasion great strife and contention, if not speedily prevented. This Court haveing taken searious consideration of the matter, and being very desirous to maintain the peace and tranquility with and amongst the inhabitants of this Collony, and incourage the inhabitinge of the Narragansett lands, in a lawfull, orderly way and manner : doe order and enact and it is hereby ordered and enacted by this Court, &c., That two honest and just persons, skilfull in the arte of survaying lands, be elected and chosen survayers to lay out the land granted, unto the inhabitants of East Greenwich, accordinge to their grant ; and the reall intent
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12
RECORDS OF THE COLONY OF RHODE ISLAND,
[1678.
thereof, as allso to run Warwick southerly line according to their grant ; and to draw a draught of the lands claimed by the men of Warwick about Potowomett; and alsoe of the lands claimed by John Foanes, Edward Thurston, and partners, with all other lands that the Court shall advise them to survay with- in this Collony, and truc draughts thereof returne unto the Assembly.
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