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 11
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Voted, That the Charter from his Majesty concerning trade and navigation, that was presented in this Assembly, by Mr. Francis Brinley, and committed to the Recorder's keeping, shall by the Recorder be delivered unto the Governor, to be kept with the Charter of this Collony.
Voted, That the Clerke of this Assembly shall send forth coppys of the acts of this Assembly for the severall respective
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1682.
townes of this Collony, under the seale of the Collony, on or before the last day of this instant month, May.
Voted, This Assembly is adjourned untill Wednesday, the 28th day of June, now next ensueing; and then to assem- ble at Portsmouth, at the house of William Maize : only if there doe appeare to the Governor, or in his absence, the Dep- uty Governor, neccessary occasion, then by warrant from either, the Assembly to convene sooner.
June 28th, 1682.
At the re-meeting of the Generall Assembly, according to the aforesaid adjournment, the 28th of June, 1682.
Voted, John Sanford, who was chosen Clerke of the Assem- bly, beinge by lameness disenabled of giving his attendance, was in his place elected Deputy Clerke, Mr. John Whipple, Jun'r, untill the Clerke give his attendance, or further order taken therein.
John Whipple refuseing, Sergeant John Woodman chosen Deputy Clerke.
Voted, This Court haveing taken into their serious consid- eration, the assessment laid upon the inhabitants of Kings Towne, in the yeare 1678, with their then present condition, doe hereby enact and declare, that the one moiety or halfe of the said rate, is freely remitted; the whole rate being sixteene pounds.
Voted, Whereas, this Court haveing been informed that the Collony of New Plymonth, or some one of their Assistants, doth claime jurisdiction of Hog Island, by declareing in a war- rant under the hand of James Browne, Assistant, the same to bee in New Plymouth Collony, this Assembly doth thereupon desire the Governor to write unto the authority of New Ply- mouth about the same, and to acquaint them of our just Pat- tent right thereunto ; as allsoe the settlement of his Majesty's Commissioners of the same; and that the Governor lett the Commissioners' acts be coppyed out, attested and sent unto them ; and allsoe to lye in the records of Portsmouth, under the seale of the Collony.
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Voted, Whereas by the act of the Generall Assembly, held 7th May, 1679, power was given unto the Governor, Deputy Governor, or any three Assistants, upon the neglect or refuseall of any towne or townes within this Collony to make a rate up- on the inhabitants of the said towne, returne the same to the Generall Treasurer within the time in said act limitted, to or- der and appoint any five men of said towne to make an equall rate on the said inhabitants, this Generall Assembly doe here- by ratifie and confirme the said act of the 7th May, 1679, and every clause therein mentioned ; hereby declareing and enact- ing, and it is hereby declared and enacted by this Court and the authority thereof, that if the five men or major part of them, appointed and required by the Governor, Deputy Gov- ernor, or any three Assistants, doe neglect or refuse to make a rate on the inhabitants of their respective towne, according to the Generall Assembly's assessments and penalty for neg- lect, and the same returne under their hands, or the hands of the major part of them, unto the Generall Treasurer of the Col- lony, for the time being, within twenty days next after the de- livery of any such warrant from the Governor, Deputy Govern- or, or any three Assistants, by the Generall Sergeant or his Deputy, unto any one of the five men therein mentioned, and notice given by the Generall Sergeant or his Deputy, unto the other four or major part of them, or warning left at their dwel- ling houses, that such a warrant in which they are required to make the rate, is left with and delivered into the custody of the other person in said warrant mentioned ; that then the Governor, two Assistants, or Deputy Governor and two Assist- ants, are hereby empowered to grant forth warrant of distraint, directed to the Generall Sergeant or his Deputy, to distraine upon the goods or chattells of the five persons or major part of them in the warrant mentioned, the full and just sum of what the Generall Assembly and Assemblys have or shall assess on the respective towne, with the tenn pound for the towne's neg- lect, with their fees due by law, and what shall be distrained, to be proceeded with and returned, as is mentioned in the afore-recited act of the 7th of May, 1679.
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And it is hereby enacted by this Court and the authority thereof, that the aforesaid five men, or major part of them, from whom the assessments and forfeitures of the towne shall be distrained, have full power and authority granted them, to commence and sue an action of debt against the respective in- habitants of the towne for their respective proportions for whome their estates were distrained.
Voted, This Court haveing taken into their searious consid- eration the returne of Mr. Joseph Jencks, and Capt'n John Greene, appointed by the Generall Assembly held at Provi- dence, in October, 1681, to repaire into Kings Towne, in the Narragansett country, and to require and give the engagement unto the elected Warden and Deputy Warden, and other towne officers, for the preservation of the King's peace and quiett of his subjects. And they haveing in due observation of said act, repaired unto Kings Towne, and required of the persons elect- ed, to give their engagements unto their respective offices ac- cordingly, which was by said elected persons evaded, soe that noe one person would receive their engagement, the evill con- sequence whereof, if not timely prevented, is like to bee preju- diciall unto this Collony :
It is therefore by this Court and authority thereof hereby enacted, that there shall be chosen in the said Kings Towne, two Conservators of the Peace ; and the persons by this As- sembly and the authority thereof, chosen and clected Conserva- tors of the Peace for Kingstown, are Mr. John Cole, and Capt'n John Foanes ; whoe are hereby fully empowered and author- ized to take care for the preservation of the peace and quiet of said Plantation, and to act and doe all other matters and things belonging unto the place and duty of Conservators of the Peace, within their precincts.
And it is further hereby enacted, that the Governor and Deputy Governor, or Deputy Governor and two Assistants, or any three Assistants, shall within some convenient time after the 10th day of July next ensueing, by warrant, and under their hands, directed unto the Generall Sergeant, or his Deputy, conveane the inhabitants of [Kings Towne] together at some
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convenient place in said towneship, and there cause to be read the severall acts of the Generall Assembly for the raise- ing of money for the payment of the Collony's debts.
The persons desired and deputed to goe unto Kings Towne to cause the performance hereof, and to require and give the engagement unto the afore-mentioned and elected Conservators of the Peace, are the Honored Deputy Governor, Caleb Carr, William Coddington, Capt'n Arthur Fenner, and William Cad- man, Assistant, or major part of them, with the Recorder, and Generall Sergeant, or his Deputy.
It is allsoe further ordered, That at the said meeting, the townesmen doe elect all their officers respectively, and that the said Conservators, and all other officers, be continued in their respective places, untill further order from this Court, or untill by the said inhabitants, new be chosen and engaged according to their Charter; and in case the said inhabitants doe refuse to elect the other officers as aforesaid, then the Deputy Gov- ernor and Assistants as aforesaid, are hereby empowered to elect all of them, and they to continue in like manner as the Conservators.
Voted, That upon the petition of Eliezer Whipple, the Gen- crall Assembly doe allow unto the said Whipple the sum of tenn pounds in or as money, to be paid unto him or his order, out of the Generall Treasury.
Voted, Whereas there is an address made by part of the Councill of the towne of Providence, against Capt'n Arthur Fenner and Mr. Joseph Jencks, for something disagreeing from the rest of the Councill of said Providence, this Assembly haveing viewed the matter, doe find that the said representa- tion to this Assembly is not directed according to a former law of this Collony, and therefore doe see cause to returne the said presentation to the presenters, Mr. John Whipple, Jun'r, and Mr. Edward Smith, &c., for their further consideration, to amend the same, if they see cause.
Voted, Upon the petition of Mrs. Elizabeth Cunigrave, al- ledging poverty, and that if she had her right, she hath a com-
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petent estate to live on, yett is not of abillity to recover her owne, therefore desires liberty of this Assembly, that she may sue for and recover her owne, under forma pauparis.
This Assembly doe referr the consideration and inspection of that matter to the Towne Councill of the towne of Newport, to act therein as may to them appeare necessary, according to law, to sue under forma pauparis, or not to sue.
Voted, Upon the returne of the address and presentation afore-mentioned, against Capt'n Fenner and Mr. Jencks, the afore-named Mr. John Whipple, and Mr. Smith, haveing amend- ed the direction which afore was wanting, the said representa- tion is again received into the Assembly.
Voted, Ordered, that the Recorder doe draw forth copys of this Assembly's acts at this adjournment, under the scale of the Collony, for each the respective townes in this Collony, and the same to be done by the 10th day of July next ; and shall have from each towne for copys of these and the acts of the Assem- bly in May last, the sum of twelve shillings, in or as money.
Voted, This Assembly is dissolved.
June 30th.
Proceedings of the General Assembly held for the Collony of Rhode Island and Providence Plantations at Warwick, the 25th day of October, 1682.
The Governor chosen Moderator.
The Recorder, John Sanford, chosen Clerke.
The Charter openly read.
Voted, Whereas it hath been motioned in this Assembly by some of the Deputys of the towne of Providence, that they would please to give their result how far the power of a Towne
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Councill doth or may extend to the rejection of any person or persons, that may come into any towne or place in this Collony.
In answer thereunto, wee doe declare, that it is in the power of any Towne Councill as aforesaid, to reject any person, al- though a free dennison, unless sufficient bond be tendered and given by the party being called before them, according as the major part of the Councill shall judge meet; but in case the major part of the Councill see cause to warne any such person or persons to depart the towne by such a time as they shall prefix, and he, she or they neglect or refuse soe to depart, then the Governor, Deputy Governor, or any Assistant, War- den, or Conservator, living in or neer said towne or place, upon request, shall grant forth their warrant to the Constable to re- move him or them out of the towne or place. But if notwith- standing this, he, she or they shall presume to returne againe without leave as aforesaid, they shall pay a fine at the discretion of the major part of the Councill, not exceeding five pounds ; or in default thereof, suffer punishment, not exceeding twenty stripes for his or their contempt ; and as often as they doe returne after warning, this to be executed without wager of law, and to be executed by a warrant from any of the Jus- tices, Wardens, or Conservators aforesaid, according to the times appointed in the warrant ; any law to the contrary here- of, notwithstanding.
Voted, That the petition by severall of the Councill of Provi- dence, by the last Assembly referred to this, is taken off the fyle.
Voted, Upon the petition of severall persons of the townes of Providence and Warwick, and places upon the maine land adja- cent, for liberty to set up a troop of horse, this Assembly taking the matter into their searious consideration, doe grant their re- quest to the number of thirty-six, besides officers, chosen out of the severall Traine Bands, by the Magistrates of said townes, and Captaines of the said Traine Bands ; and after such num- ber is chose out, each shall fitt themselves, with horses and all things suitable for that exercise ; which being done, shall be
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freed from being called to exercise in the said foot com- panys.
Further it is ordered, That when the said Company are fit- ted with horses and armes suitable for that exercise, they shall not embessle them away, but keep them always in a readiness, when they shall be called upon for exercise. And further, shall have liberty annually to choose their owne officers.
And further it is ordered, That the commissioned officers of said troop, shall have power to appoint their days and places of exercise from time to time ; and shall be exercised and disci- plined six days in the yeare, and shall have the like commis- sions as are given to the Infantry. And in case of default, be under and lyable to double the penaltys and fines by the law of this Collony imposed on the foot Companys in such case.
Voted, And it is further ordered, That there be two Majors chosen in this Collony annually ; one Major for the Islands, and one Major for the maine land. The Major for the Islands to be chosen by the freemen and Traine Bands of the Islands, and the Major for the maine to be chosen by the freemen and Traine Bands on the maine; and their voates to be sent in at the generall election of officers in May, annually, by the Clerke of the respective Bands, that they may be recorded ; any thing to the contrary hereof, in any wise, notwithstanding.
Upon a case between Mr. John Pococke and Mr. Edmund Calverly, Generall Sergeant, referred by the last Generall Court of Tryalls unto this Assembly, the Assembly on a seari- ous debate and consideration of that matter, inquired of both the said Pococke and Calverly whether they were free to leave the said case to this Assembly. They both readily answered they did freely and fully leave that whole case to the judg- ment and determination of this Assembly.
Voted, This Assembly haveing heard and seariously consid- ered the case presented between Mr. John Pococke and Mr. Edmund Calverly, Generall Sergeant, doe judge and determine that the said Generall Sergeant hath not performed his office in the said case ; yett doe judge that it was not through wil- fullness, but through ignorance.
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Voted, Upon a petition of Edmund Calverly, Generall Ser- geant, for his charges and attendance as keeper, on the priva- teers, late prisoners, sent away for Virginia ; this Assembly, ou the debate of the matter, doc judge that for his negligence in leaving the prison doore open, whereby some of the prisoners made an escape, he ought to forfeitt the said demand. Yett the Assembly considering his poverty, in favour to him, doe allow him but the sum of five pounds of his bill, to be paid by the Generall Treasurer,
Voted, Forasmuch as there hath of late appeared a deficien- cy in the Court of Tryalls, for want of a due course of law be- ing provided, in case the Governor or Deputy Governor, or both be taken off the bench by lawfull exceptions, whereby the Court is wholly disenabled to proceed in such case or cases.
Therefore bee it enacted by this Assembly, That in any such case, the first Assistant in choyce there present, with three Assistants more, or as many more as are present, shall be a full Court of Tryalls, to trye, determine and issue any such case effectually.
Voted, As an addition to the former law concerning the navall office, it is enacted, that it shall bee in the power of that person, that the Governor shall in any towne appoint to keep a navall office, to administer the oath according to law, to any Commander or Master of any ship or other vessell by law lyable.
Voted, It is ordered, that it shall be in the power of the Governor, or Deputy Governor, and any one Assistant, or more, to auditt the accounts of any persons claiming debts concerne- ing the privateers late in prison ; and order their payment by the Generall Treasurer. And allsoe the Generall Treasurer is empowered, if occasion be, to defray the debts, to make sale of the gunns and other armes, and amunition seized, belonging to the said privateers. .
Voted, Upon the petition of John Wilkinson of the towne of Providence, who was wounded in the late warr with the In- dians, this Assembly doe allow him the sum of tenn pounds in or as money, to be paid out of the Generall Treasury.
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Voted. Whereas our Honored Governor hath been pleased to relate to this Assembly how it hath pleased God to preserve his life from the privateers, viz. : John Smith, and his associ- ates, by the information of John Booth, negroc, one of their company, whoe declared their intention to kill the Governor before their being sent away; and the said John Booth, ne- groe, earnestly petitioninge the Governor, that he might not be sent with them, because he knew they would kill him for re- vealing the said plott, the Governor, haveing at present soe farr granted his request, and haveing desired the advice and appro- bation of this Assembly further therein, this Asembly declares that they doe approve of the Governor's act therein ; and doe further grant, that if the said negroe can procure any sufficient security to the vallue of tenn pounds, for his appearance at the Court of Tryalls, in March next, if required thereunto, that then his irons bee taken off, and soe farr sett at liberty.
Voted, That the Recorder shall have the sum of six shillings, eight pence in or as money, from each towne in the Collony, for copys of this Assembly's acts, under the seale ; and shall have the sum of tenn shillings in or as money, for his attendance at this Assembly, to bee paid by the Generall Treasurer.
Voted, This Assembly is dissolved.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations at Newport, the 2dl of May, 1683.
Major Peleg Sanford, Governor. Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. John Easton,
Mr. Caleb Carr.
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ASSISTANTS.
Mr. William Coddington,
Mr. William Cadman,
Mr. George Lawton,
Mr. Joseph Jenckes,
Capt'n John Greene,
Mr. Richard Arnold,
Capt'n Samuel Gorton.
DEPUTIES.
For Newport. Mr. James Barker, Sen'r,
For Warwick.
Mr. Israell Arnold,
Mr. John Coggeshall,
Mr. John Potter,
Mr. Thomas Ward,
Mr. John Warner.
Mr. Edward Thurston, Sen'r,
For Westerly.
Mr. Phillip Smith,
Mr. Tobias Saunders,
Mr. Robert Burdick. For New Shoreham.
John Rathbone. For Kings Towne.
Mr. Thomas Arnold,
Mr. Thomas Fenner,
Mr. Alexander Bolcum. For Portsmouth.
Mr. William Wodell,
Major John Albro,
Mr. Latham Clarke,
Mr. Thomas Cornell,
Mr. Ephraim Moss.
Mr. Thomas Greene, Sen'r.
For East Greenwich. John Sanford,
Mr. Clemence Weaver. For James Towne.
Mr. Ebenezer Slocum.
At the Generall Assembly and Election held for the Collony at Newport, the 2d of May, 1683.
The Deputy Governor chosen Moderator.
John Sanford, Recorder, chosen Clerke.
Voted, The Recorder is appointed to take the names of those that bring in their votes for Governor.
Voted, Mr. Nathaniell Coddington, and Mr. Latham Clarke, are appointed to receive the votes from each man, and take care noe deceipt be, and put the votes into the hat as the Election proceeds.
Voted, That Mr. John Coggeshall and Mr. William Wodell,
Capt'n Arthur Fenner,
Mr. Nathan'l Coddington. For Providence. Mr. Thomas Field,
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are appointed to open the proxies, and as the Election pro- ceeds, putt in 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.
GOVERNOR. Mr. William Coddington, DEPUTY GOVERNOR. Mr. Walter Clarke. ASSISTANTS. Mr. John Easton,
Mr. Caleb Carr,
Mr. John Coggeshall, Capt'n Arthur Fenner,
Mr. Joseph Jencks, Mr. Richard Arnold,
Major John Albro, Mr. George Lawton, Capt'n John Greene.
Mr. Benjamin Barton. RECORDER.
John Sanford.
GENERAL SERGEANT.
Mr. Edmund Calverly. GENERAL TREASURER.
Mr. Weston Clarke. GENERAL ATTORNEY.
Mr. Weston Clarke. MAJOR FOR THE ISLAND.
Mr. John Coggeshall, Sen'r. MAJOR FOR THE MAINE. Capt'n John Greene.
Voted, Whereas Capt. Arthur Fenner, Mr. Rich'd Arnold, and Capt'n Samuell Gorton, chosen by the free votes of the freemen in this Assembly to the office of Assistants, and they not being here present to give engagment : this Assembly doe order, that the Recorder in the name of the Assembly doe draw up some lines and send to the said gentlemen, wherein to signify the election, and require their appearance forthwith before the Governor, or Deputy Governor, at Newport, there to give their engagement to the said offices they are elected unto.
Voted, The elected Governor, Major Peleg Sanford, coming into this Assembly and being desired and required to give his engagement, did owne his allegiance to his Majesty, yett said he had sufficient reasons, and would not accept to engage. There- fore this Assembly doe determine to proceed to the election of a Governor in his roome or stead.
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Mr. William Coddington chosen Governor and engaged ; and alsoe took the oath for Trade and Navigation.
Voted, Whereas this Assembly upon the allegations of Mr. Wm. Coddington, saw cause to release him from serving in the employe of an Assistant in this Collony, forasmuch as they could conveniently supply his place in the said office, yett not- withstanding have seen meet since (upon the refusall ofour late Honored Governor, Major Peleg Sanford, to take his engagement) to elect him the said Mr. William Coddington, Governor, and doe judge it will not bee safe for this Assembly upon the same tearms to release him from being Governor, notwithstanding his present allegations, and therefore doe ear- nestly desire him to take his engagement, wee seeing an abso- lute necessity for the same.
Voted, That a Committee be appointed and empowered by this Assembly to goe to our late Honored Governor, Major Pe- leg Sanford, and of him demand and receive the Charter and other papers, &c., in his custody, that doc belong to this Collo- ny, and forthwith returne the same unto this Assembly.
The persons chosen and empowered, are Mr. Caleb Carr, Mr. Joseph Jencks, Major John Albro, and Mr. George Lawton, As- sistants, and John Sanford, Recorder ; whoe also are empower- ed in the behalfe of this Assembly to give our said late Gov- ernor a full discharge for what they receive.
Voted, To be recorded.
Voted, The Committee aforesaid sent to our late Honored Governor, haveing according to the trust by this Assembly committed to them, applyed themselves, and having from our late Governor received the Charter, &c., as by the reciept under their hands appears; a copy whereof hath been by them presented to this Assembly, and is ordered to be recorded. And haveing delivered the particulars therein mentioned, they are by the Assembly discharged of their said trust; and the Charter and other pertickulars therein nominated, are commit- ted to the keeping of our present Honored Governor, William Coddington.
Voted, This Assembly is adjourned untill the last Tuesday
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in June next, which will be the 26th day of said month, then to meet againe at Newport. Only if there be urgent occasion, present, then by warrant from the Governor or Deputy Gov- ernor, the Assembly to convene sooner.
June 26th, 1683.
According to the aforesaid adjournment, the Assembly mett and sat.
Voted, That heareing there is a letter come from his Majes- ty, the heareing and considering thereof, shall be the first worke of the Assembly.
Voted, That Major John Greene and the Recorder are de- sired to draw up a hue and cry, and such other matters they shall judge needfull, in prossicution of his Majesty's commands to us, in a letter dated 20th of September, 1682, concerneing the apprehending one William Kelso ; and present it to this Assembly for their approbation.
Voted, In answer to the petition of Ann Warner, makeing complaint against her husband John Warner, for violating the marriage covenant, and abusing her by laying violent hands on her.
The Court haveing heard both their allegations, and peruse- ing the evidences, although they see not cause at present to grant an absolute finall divorce, untill the fact hath been tryed at the Court of Tryalls. Yet notwithstanding, each party de- claring their freedom for separation, this Court see cause to make a separation, soe that they shall not live together, but apart. Neither shall the said John Warner have any command of her, nor come in her company for the future, without further order from the Assembly. And this Assembly doe order, that such part of the estate as is by the said John Warner past over for the maintenance of her, his said wife, and children, is hereby ratifyed, and this order to be observed from this present 27th of June.
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