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 10
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DEPUTIES.
Mr. William Wodell,
Mr. Peleg Tripp,
Mr. Arthur Cooke. For Warwick.
Mr. Thomas Greene,
Mr. Benjamin Barton,
John Sanford,
Mr. Moses Lippitt,
Mr. - Knowles.
For Westerly.
Capt'n John Foanes,
Mr. Ebenezer Slocum.
Mr. Tobias Saunders,
Mr. Jeffery Champlin.
The Governor chosen Moderator.
Voted, Elias Carpenter, Benjamin Carpenter, Thomas Fen- ner, John Sailes, Samuell Comstock, John Wilkinson, Eleazer Arnold, Tho. Ustance, Henry Ustance, Joseph Smith, John Ar- nold, Jonatha. Sprague, Ephraim Pearce, Edwd. Manton, James Angell, Rich'd Clemence, Tho. Patey, John Belloo, and Joseph Jencks, Jun'r, all of the towne of Providence, are admitted free- men of this Collony.
Voted, Israell Arnold, John Roades, Job Greene, and Joseph Carder, of the towne of Warwick, are admitted freemen of this Collony.
Voted, Jeffery Champlin, Wm. Champlin, John Lewis, Peter Crandall, James Crandall, and Gershom Crandall, of the towne of Westerly, are admitted freemen of this Collony.
At the Generall Assembly and Election held at Newport, the 4th of
May, 1681.
The Assembly consisted of the above-written Governor, Dep- uty Governor, Assistants and Deputys.
The Governor chosen Moderator.
The Recorder, John Sanford, chosen Clerke. The Charter openly read.
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For New Shoreham.
Mr. John Rathbone. For Kings Towne.
For East Greenwich.
Mr. Thomas Dungin. For James Towne.
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Voted, That Licut. Latham Clarke, and Mr. Richard Arnold, are chosen to receive the votes from each person that personal- ly bring in their votes, and soe putt them into the hatt as the Election proceeds.
Voted, Mr. William Wodell, Mr. Phillip Smith, and Capt'n John Foanes, are appointed to open the proxies, and as the Election proceeds, putt the votes into the hatt.
Voted, That this Assembly adjourne, to sitt in the lower roome, for the conveniency of the Election.
By the Election was chosen the following, who were sever- ally engaged.
GOVERNOR.
Major Peleg Sanford.
DEPUTY GOVERNOR.
Mr. Walter Clarke. ASSISTANTS.
Mr. John Easton,
Mr. Caleb Carr,
Mr. William Coddington,
Capt'n Arthur Fenner,
Mr. Joseph Jencks,
Mr. Richard Arnold,
Major John Albro,
Mr. George Lawton, Capt'n John Greene,
Capt'n Samuel Gorton. RECORDER.
John Sanford.
GENERAL SERGEANT.
Mr. Thomas Fry. GENERAL TREASURER.
Mr. Weston Clarke.
GENERAL ATTORNEY.
Mr. Edmund Calverly. SOLICITOR.
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Edmund Calverly.
MAJOR. John Albro, Sen'r.
Voted, Whereas Mr. John Sanford, Clerke of the Assembly, being by some occasion absent, the Assembly did see cause to appoint Mr. John Foanes to supply his place during his absence.
Voted, Emanuall Woolly having petitioned this Assembly, that whereas he was bound in a bond of recognizance for his good behaviour, and appearance at the last Generall Court of Tryalls, and he not appearing at the time aforesaid, according to order, his said bonds being forfeitted, did humbly desire this
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Assembly to remitt the same ; and they takeing it into consid- eration, doe remitt the forfeiture.
Voted, Whereas there was a petition presented by Capt'n Arthur Fenner, subscribed by seven persons of Providence and Warwick (to this Assembly), this Assembly did see cause to suspend the answering thereof, untill their next sitting in June.
Voted, This Assembly takeing into consideration the matter to them presented by two Assistants of the Towne Councill of Providence, concerning the late rash, turbulent and violent be- haviour of Benjamin Hernden, Jun'r, of said Providence, to- wards an Indian man, as he upon his examination the 25th of Aprill did acknowledge, that he being lately in the woods be- longing to the said towne, and there seeinge an Indian man, did shoot with his gun at the said Indian with an intent to kill him ; and for noe other cause (as he himselfe confesseth) but for that the said Indian would not obey his word, and stand at his command ; who indeed had noe authority nor just cause soe to command, which said Indian, notwithstanding the said violence to him offered, did not then seek to revenge himselfe by the like returne, although he alsoe had a gun, and might have shot at Hernden again, if he had been minded soe to have done, but went peaceably away ; only useing some words by way of reproofe unto the said Hernden ; blaming him for that his violence and cruelty, and wondering that English men should offer soe to shoot at him and such as he was, without cause.
This Assembly haveing seariously considered and weighed the matter, doe see cause, for the prevention of such insolent and outrageous actions for future time, to enact, and hereby it is by this Assembly and the authority thereof enacted, that all his Majesty's subjects in this Collony are hereby required to behave themselves peaceably towards the Indians in like man- ner as before the warr; and noe person or persons shall pre- sume to doe any such unlawfull acts of violence, upon their perrills.
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Voted, Ordered by this Assembly, that a copy of this act be forthwith drawne by the Generall Recorder, and the seale of the Collony affixed, and sent unto the towne of Providence, and there to be published with all expedition.
Voted, The Deputy Governor, Mr. John Whipple, Mr. Wm. Wodell, and Mr. John Foanes, are appointed a Committee to examine and auditt the Generall Treasurer's accounts, and to settle them. The time of their first meeting shall be the 20th day of June, which will be on the second day of the weeke ; and any two or more of the persons nominated appearing, have hereby power to inspect and settle the foresaid accounts with the Treasurer ; and are first to meet at his house, and to make their returne to the next sitting of this Assembly.
This Assembly is adjourned untill the last Wednesday save one, in June next, being being the 22d day of said month; ex- cept any emergency should require the callinge thereof, which is left to the discretion of the Governor, or in his absence the Deputy Governor, to convene the said Assembly, if occasion in the interim of time require it.
June 23d.
According to the aforesaid adjournment, the Assembly called and satt.
Voted, Upon the petition of John Clarke, of Newport, for moneys due to him for service done at Westerly, in the time of his brother, Joseph Clarke's imprisonment at Connecticut, this As- sembly agree and order the said John Clarke the sum of thirty- five shillings, in or as money, to be paid by the Generall Treasurer.
Voted, In answer to the petition of Walter Clarke, Deputy Governor, Caleb Carr, Assistant, Mr. Joseph Clarke, and Mrs. Mary Cranston, for reliefe concerning moneys disbursed by them in behalfe of the Collony, be it enacted by this Assembly and the authority thereof, that the sixty pounds due to Mr. Stephen Arnold, upon the account of Capt'n Houldon and Capt'n Greene, which was engaged to said Mr. Arnold by the above- said petitioners and severall others, as appeares by an act of the
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Generall Assembly, held May, 1679, is declared to be the Col- lony's due debt, and therefore doe order the speedy payment thereof, that soe the respective persons may be saved indem- nified.
Bee it furthere enacted, that all such townes or places, whoc have neglected to make and gather up the severall levies for the raiseinge of the said sixty pounds, according to the act made by the Court held in May, 1679, are hereby required forthwith to make and gather up, and send in their severell levies to the Generall Treasurer ; and that the said debt shall be paid with expedition out of the Generall Treasury.
It is alsoe further ordered, That the Honored Governer, Ma- jor Peleg Sanford, the late Treasurer, is hereby ordered to pay unto Mr. Stephen Arnold such moneys as he hath received, of the said sixty pounds levie, and take a receipt therefor, in be- halfe of the Collony, and the persons that engage. The Gov- ernor enters his dissent to this act, forasmuch as the proceed- ings of the Generall Assembly in May, 1679, concerninge the assessment of a rate of sixty pounds on the Collony, was con- trary to law.
Voted, That the persons formerly chosen to auditt the late Treasurer's, Major Peleg Sanford's accounts, are to meet this 23d of June, and expedite the matter, ordering their adjourn- ments and places of meeting from time to time, untill it be perfected ; and are empowered, they or the major part of them, to give a full discharge in the Collony's behalfe.
Voted, For the suppressing of disorders, it is ordered, that any townes of this Collony are hereby empowered, as necessity shall require, to choose a Constable or more than formerly they were wont to doe, and if need require, to make their election of said officer or officers as well at any other of their towne meetings as on their election day, the townsemen haveing le- gall notice thereof. And the Constable or Constables soe elect- el, shall be lyable to pay the same fine upon refusall, as though they had been chosen on the election day, and being engaged ; and to execute the place of Constable untill at the next election others be chosen and engaged in their roome.
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Voted, That the Generall Assembly to sit in October next, shall be convened and held at the towne of Providence.
Voted, Ordered, That the acts of this Assembly, held the 3d of May, shall forthwith be sent forth to the severall townes in this Collony, by the Recorder, under the seale.
Voted, Bee it enacted by this Assembly, that this Court is adjourned untill the 17th of August next ensueing, and then to meet in Newport, or sooner, if the Governor or Deputy Gov- ernor upon emergent occasion doe warne them ; but otherwise then to dissolve.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Providence, the 26th day of October, 1681.
The Governor chosen Moderator.
The Recorder, John Sanford chosen Clerke. The Charter openly read.
Voted, Mr. Joseph Jencks and Capt'n John Greene, Assist- ants, are desired and authorized by this Assembly with all ex- pedition, to goe to Kings Towne and require and receive the engagements of the Wardens and officers lately chosen in said towne, to their severall offices. And to that end, are hereby empowered, if they see cause, to give forth warrant to whome they shall appoint a Constable, to require the severall elected officers to appeare before them.
Voted, That if any person be chosen to the office of Towne Treasurer, in any towne of this Collony, and doe refuse or neg- lect to serve in that office, he shall forfeitt to that towne's use, the sum of forty shillings, in or as money ; which if he refuse or neglect forthwith to pay, then the said sum to be taken out of his estate by a warrant of distraint under the hand of one Assistant or more.
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And further ordered, That if any Towne Treasurer at the suit of any person shall be cast for debt due from that towne, noe execution shall seize the said Treasurer's estate unless he have effects of that towne in his hands; and the said Treasu- rer shall be kept indemnified by the towne.
Voted, That a deed under the hand of Namawish, bearing date the 26th of June, 1660, concerneing a purchase of land at Potowomet, made to Capt'n Houldon, &c., and was surrendered up by said Capt'n Houldon unto Mr. Benedict Arnold, Assist- ant, for the use of the Collony, as on said deed is attested by Capt'n John Greene, Assistant ; and the said deed being now demanded by Capt'n Houldon, or the money disbursed therein, this Assembly doe see cause to order, that the said deed doe remaine in the Governor's hands untill the matter shall bee further cleered.
Voted, Upon the petition of Edward Lay, of the towne of Portsmouth, for the remitting of a fine of forty shillings laid on him by the Court of Tryalls, held in September, 1680, and he pleading age and debillity, this Assembly on the searious con- sideration of the matter, doe remitt his said fine.
Voted, Whereas it appeares to this Assembly, that there hath been a misunderstanding in the choice of Towne Councill- men this present year, in the towne of Providence, which ob- structs the meeting and acting of the said Councill, this Assem- bly on the searious consideration thereof, doe order and give power to one or more of the Assistants in said towne to call a towne meeting with all convenient expedition ; and doe alsoe empower and require the said towne, at their said meeting, to proceed and make choyce of six persons well quallified, to bee added to the Assistants of the said towne, to be the Towne Councill, whoe being soe elected, shall give their engagement to the true performance of that office, before one or more of the Assistants, in said towne; and that then they or the major part of the said Councill (beinge by warrant under the hand of one or more of the Assistants, to the Towne Sergeant warned and mett), may act as Towne Councill of said towne untill the next day of election of towne officers. And that for the future, the
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said towne of Providence, on their annuall day of electing towne officers, shall choose six men well quallified, to be added to the Assistants in said towne, whoe shall make up a full Councill for the said towne.
Voted, In answer to the petition of Joanna Reape, the wife of Samuell Reape, of Pawtuxet.
This Assembly takeing into searious consideration the de- plorable estate of said Joanna Reape being left desolate by her said husband, Samuell Reape, and being very sensible of the truth of what is declared against him, in her petition, doe or- der, that all and every part of the estate of Samuell Reape, as well lands as goods, or chattells in this Collony, be sequestered for the use and behoofe of the said Joanna Reape, dureing her naturall life. And for that end and purpose, doe depute and authorize her son-in-law, Mr. Daniell Williams, and her son John Roades feofees in trust, to take possession thereof in her behalfe, and receive the rents for her use and behoofe : and the tenant makeing payment to the said feofees, shall be saved in- demnified from Samuell Reape or his assignes.
Voted, Whereas it is complained that damage hath been done in the towne of Providence, by persons rideing a gallup; it is ordered, that if any person or persons for the future shall presume to ride a gallup on horse, gelding or mare, in the street lying against the great river in the towne of Providence, in any part thereof, between the land of Pardon Tillinghast, and the northerly corner of John Whipple, Sen'r, where his dwelling house stands, shall forfeitt for every such offence the sum of five shillings, in or as money, to be forthwith paid by the party or partys soe rideing (the one one halfe to be for the said townes's use, the other halfe to the informer), and in case of non-payment, the said sum shall be taken by distraint (by a warrant under the hand of one Assistant or more, directed to the Towne Sergeant) out of the estate of the party soe offend- ing ; except the party soe offending shall render a sufficient reason unto one Assistant or more, that his occasion was soe urgent that occasioned his or their soe galluping.
Voted, That the Generall Assembly appointed by our Char-
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ter to be held in October, 1682, shall be held at the towne of Warwick.
Voted, The towne of Providence is for the future to have and hold their traininge days on the same days as by the law are appointed and ordered to the towne of Newport.
Voted, Ordered, that the Recorder doe within twelve days of the dissolution of this Assembly send forth copys of this As- sembly's acts for the severall townes of this Collony, under the seale of the Collony ; and shall from each towne have the sum of twelve shillings in or as money for the copys of this Assem- blys acts, and the acts of the Assembly in May last.
Voted, This Assembly dissolved October 27th.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 2d of May, 1682.
Major Peleg Sanford, Governor. Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. John Easton,
Mr. Caleb Carr,
Mr. William Coddington,
Capt'n Arthur Fenner, Capt'n Samuel Gorton.
Mr. Joseph Jenckes,
Major John Albro,
Mr. George Lawton,
Capt'n John Greene,
DEPUTIES.
For Newport. Lieut. John Bliss,
Mr. Edward Greenman, Mr. John Woodman, Capt'n Roger Goulding,
Mr. Edward Thurston, Sen'r, Mr. John Holme. For Providence. Mr. Thomas Harris, Jun'r, Mr. Edward Smith.
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DEPUTIES.
Mr. Thomas Arnold, Mr. John Whipple, Jun'r. For Portsmouth.
Mr. William Codman, Mr. Latham Clarke,
Mr. Henry Brightman, Mr. William Wodell. For Warwick. Mr. Benjamin Smith,
Mr. Abiah Carpenter, -
Mr. Samuell Stafford,
Mr. John Badcocke. For New Shorcham. Mr. James Rathbone. For Kings Towne.
For East Greenwich. Mr. John Heath, John Sanford.
For James Towne.
Mr. Ebenezer Slocum, Mr. Oliver Arnold.
Mr. John Low. For Westerly. Mr. Jeffrey Champlin,
The Governor chosen Moderator. The Recorder chosen Clerke.
Voted, Mr. John Pococke, and Jireh Bull, being freemen of the towne of Newport, are admitted freemen of this Collony.
Voted, John Thornton, Jun'r, John Pray, and Joseph Wood- ard, freemen of the towne of Providence, are admitted freemen of this Collony.
Voted, Abiell Tripp, being a freeman of the towne of Ports- mouth, is admitted a freeman of this Collony.
Voted, Thomas Nicolls, Jun'r, and John Knight, being free- men of East Greenwich, are admitted freemen of this Collony.
This Assembly is dissolved.
At the Generall Assembly and Election held for the Collony at Newport, the 3d of May, 1682.
The Assembly consisted of the above written Governor, Deputy Governor, Assistants and Deputys. The Governor chosen Moderator. The Recorder chosen Clerke. The Charter openly read.
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Voted, The Recorder is appointed to write the names of all those that bring in their votes.
Voted, Mr. Edward Thurston and Mr. William Wodell are appointed to open the proxies, and as the Election proceeds, putt the votes into the hatt.
Voted, Mr. John Woodman, and Mr. William Cadman are appointed to receive the votes from the hand of each person that bring in their votes, that noe deceipt may be, and as the Election proceeds, putt the votes into the hatt.
Voted, That for the conveniency of the Election, the Assem- bly sitt in the lower roome.
By the Election was chosen the following, who were sever- ally engaged.
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GOVERNOR.
Major Peleg Sanford,
DEPUTY GOVERNOR.
Mr. Walter Clarke. ASSISTANTS. Mr. John Easton,
GENERAL SERGEANT.
Mr. Edmund Calverly. GENERAL TREASURER.
Mr. Caleb Carr,
Mr. William Coddington,
Capt'n Arthur Fenner,
Mr. Joseph Jencks,
Mr. John Pococke. SOLICITOR. Richard Barnes.
Mr. Richard Arnold,
Mr. William Cadman,
MAJOR.
Mr. George Lawton,
John Albro, Sen'r.
Capt'n John Greene,
Capt'n Samuel Gorton. RECORDER.
John Sanford.
Mr. Weston Clarke.
GENERAL ATTORNEY.
Voted, The reciprocall engagment to the Governor to be as follows :
I doe, in the name and behalfe of the Collony, re-engage to stand by you and support you by all due assistance and en- couragement, in your performance and execution of your afore- said office, according to your engagement, and alsoe to stand wy you and assist you in your performance of the act of trade
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and navigation, according to the oath imposed by his Majesty in the said act.
Voted, The Recorder to keep the King's Pattent, concerne- ing trade and navigation, till called for by this Assembly.
Voted, Whereas, there hath of late been divers differences be- tweene severall men, inhabitants of the towne of Warwick, and severall men, inhabitants of Kings Towne, about or concerneing a tract or neck of land, called Potowomett, in the Narragansett country, in this Collony, the which difference if not timely and speedily prevented, is likely to occasion and bring great dis- quiett and trouble upon this Collony, besides the perrills and hazzards of mischiefs that many of the inhabitants of this Col- lony may and will bee dayly in, &c.
This Court haveing taken the matter into their searious con- sideration (allthough they doe declare that they will not med- dle with the title or propriety of the lands in difference), yett finding themselves bound to keep, preserve, and maintain the peace and quiett of this Collony, and in obedience of his Majesty's commands, in his letter of the 12th February, 1678 -9, doe hereby declare, and it is by this Court and the autho- rity thereof hereby declared and enacted, that not one or any of the men inhabitants of the towne of Warwick or one or any of the men, inhabitants of Kings Towne, nor any other men or persons whatsoever, shall enter upon or impropriate unto them- selves or for any other person or persons whatsoever, by build- ing or fenceing, in planting, or any otherwise to make improve- ment of any of the lands of said Potowomett, now in difference, untill his Majesty's pleasure be further knowne, or untill fur- ther order from the authority.
And further it is enacted, that the persons that have already intruded thereon, viz. : James Hasleton, Henry Reynolds, or any other person or persons, are forthwith to depart and remove off, the said land of Potowomett, or otherwise appeare before the Gov- ernor, and Assistants on Rhode Island, to answer for their intru- sion, or continuance thereon.
And further it is hereby declared, that it is the true intent and meaning of this act, in noe wayes to hinder or mollest the
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men inhabitants of the towne of Warwick from the mowing and improvement of the meadows belonging unto the neck of land called Potowomett, which sometimes they have used for- merly to doe.
And further, that due obedience may be given and yielded unto his Majesty's commands in his letters of the aforesaid 12th of February, 1678-9, it is hereby ordered, that the act (entitled a Prohibition against intruders on lands in the Nar- ragansett) made in the General Assembly the 30th of Aprill, 1678, be againe published at the severall townes in the Narra- gansett.
Voted, At a meeting held by the Governor, Deputy Gov- ernor and Assistants, the Generall Councill of his Majesty's Collony of Rhode Island and Providence Plantations, at New- port, the 28th of March, 1681.
In obedience to his Majesty's commands in his letters to us, dated at his Court, at Whitehall, the 12th day of November, in the one-and-thirtieth yeare of his now Majesty's reigne.
Be it ordained and declared, and it is hereby ordained and de- clared by the Governor and Councill of this his Majesty's Col- lony of Rhode Island and Providence Plantations, in New England, &c., that there shall in the towne of Newport (and elsewhere the Governor of this Collony shall judge meet) a public office be kept, and knowne by the name of a navall of- fice, into which said office, all masters or commanders of ships and other deck vessells, are required upon their arrivall into any harbour or port within this jurisdiction, to make their ap- pearance and make entry of their respective ships and vessells, and their loading, and give in bond according as they are re- quired by the acts of Parliament, entitled, "The act for encou- rageing and increaseing of shipping and navigation, made in the fifteenth yeare of his now Majesty's reigne, and the act for bet- ter regulating the plantation trade, made in the twenty-second and twenty-third yeare of his now Majesty's reigne.
Bee it ordained and declared by the authority aforesaid, that every shipp, or other vessell, being of the burthen of forty tons or upwards, the master or commander thereof, shall pay
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for their entry and discharge of their said vessell the sum of five shillings, and twelve pence for each bond. And that all other vessells of lesser burthen than forty tons, the master thereof shall pay for their entry and discharge of their said vessell, the sum of two shillings, six pence.
Ordered, That these presents be forthwith published by beate of drum, in the towne of Newport, on the first of Aprill, 1681. God save the King.
By JOHN SANFORD, Secretary to the Councill.
Voted, That the act of the Governor and Councill aforc- mentioned, is by this Assembly approved of, and is now made an act of this Assembly.
Voted, Upon the petition and acknowledgment of Nathaniel Osband, unto this Assembly, for the remitting of a sentence of the Court of Tryalls, held at Newport in March last, this As- sembly doe see cause to remitt that fine of three pounds, six shillings, eight pence ; the other part of the said Court of Try- alls' sentence to continue in force.
Voted, Ordered, that it is every Towne Clerke's duty that at every towne meeting, or Towne Councill meeting, all the Assembly's acts bee at the meetings for any freeman of the towne to view or take notice of them ; and that any magistrate in the towne, when he seeth cause, may have all or any of the coppys of the Generall Assembly's acts for him to view, when and where hee seeth cause, giveing the Towne Clerke, a write- ing that hee hath soe received of him, and to returne them to him before the next towne meeting.
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