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 12
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
Voted, Whereas Capt'n Samuell Gorton at the Election, was by free vote chosen an Assistant, and in this Assembly posi- tively refuseing to engage and serve in that office, the Assem-
125
AND PROVIDENCE PLANTATIONS.
1683.]
bly doe agree to proceed to the election of another in his roome and stead.
Mr. Benjamin Barton chosen Assistant, engaged.
Voted, Whereas, Mr. John Warner was by the towne of Warwick chosen to be a Deputy in this Assembly, and being from time to time called, and not in Court appearing, and there haveing been presented to this Assembly such complaints against him, that the Assembly doe judge, and are well satis- fycd, he is an unfitt person to serve as a Deputy ; and there- fore see cause to expel him from acting in this present Assembly as a Deputy.
Voted, That the Recorder doe draw a letter to be signed by our Honored Governor, and to be sent to his Majesty by the first opportunity ; and alsoe a letter unto Secretary Blath- waite, Esq'r, to deliver our letter to his Majesty.
Voted, That the Generall Assembly to sit in October next, shall be held at the towne of Providence.
Voted, That the Governor and Councill are desired to take speedy course for the settling of government and civill order in Kings Towne.
Voted, Whereas this Generall Assembly have determined that the Generall Assembly be held in October next, should be held at Providence, and probably the October Courts annually to be held at the two townes upon the maine, namely, Providence and Warwick ; and the Court considering the ne- cessity of a cage for the secureing of prisoners, and alsoe the like necessity of a pair of stocks in each towne, for the punish- ing of offenders, this Court taking the premises into their seri- ous consideration, doc hereby enact and appoint that there be a cage and a paire of stocks provided in each the townes afore- said, by the last Wednesday in October next; and the same to be done at each towne's proper charge.
Voted, Whereas there is a law in this jurisdiction, that any person or persons payinge down to the Governor of this Collo- ny five pounds, might have a speciall Court called, be it there- fore enacted, and it is the sense of this Assembly, that the said five pounds ought to be at the disposition of the major part of
:
8
126
RECORDS OF THE COLONY OF RHODE ISLAND,
[1683.
the Assistants, sitting at said Court, to dispose of said five pounds for the benefit of the Court, according to their discre- tion ; any law to the contrary hereof, notwithstanding.
Voted, Ordered, that Mr. Caleb Carr, Major John Cogges- hall, and Mr. James Barker, are appointed an auditt, to take an account of the late Governor, Major Peleg Sanford, and Mr. Weston Clarke, Treasurer of all and every pertickular, that was taken and seized from the privateers, which were sent to Vir- ginia, as moneys, plate, cloathing, guns, servant or servants, boate and other appurtenances belonging, &c., and present it to the next Assembly to sitt at Providence in October next.
Alsoe to take account of the late Treasurer Sanford, and Treasurer Clarke, what was seized in their hands, out of the barke White Wood, and make their returne to the said Court.
Voted, James Greene, Jun'r, Randall Howldon, Jun'r, and Benjamin Smith, Jun'r, beinge freemen of the towne of War- wick, are admitted freemen of this Collony.
Voted, Nathaniell Winsley, Nathaniell Mott, and James Mitchell, freemen of the towne of New Shoreham, are admitted freemen of this Collony.
Voted, That the Recorder shall have from each towne, the sum of fifteen shillings in or as money for copys of the acts of this Assembly, under the seale of the Collony ; and writeing a letter to his Majesty, and a letter to Secretary Blathwaite ; and for severall other writeings by him done at this As- sembly, and the enteringe these acts.
Voted, This Assembly is dissolved.
127
AND PROVIDENCE PLANTATIONS.
1683.]
Proceedings of the General Assembly held for the Collony of Rhode Island and Providence Plantations at Warwick, the 20th of August, 1683.
The Governor chosen Moderator.
Voted, Forasmuch, as the Recorder through the illness of his family, is forced to be absent, John Potter is chosen Clerke to this Assembly.
Voted, Whereas our Honored Governor and Councill, have presented to this Assembly a letter sent by the Honored Ed- ward Cranfield, Gov'r of New Hampshire, and others with him, desireing the publishing of some printed briefs, and the Coun- cill haveing seriously perused the said printed briefs, order that they should not be publickely sett up in the Collony, for three reasons, viz. :
1. Because the said summons is not granted forth in his Majesty's name.
2. Because they have not shown any commission to this government from his Majesty, for their soe acting.
3. Because his Majesty hath not given any information thereof to us, by any of his Royall letters. This Court doe approve of the Governor and Councill's act therein ; the said printed briefs being not only dateless, but alsoe placeless.
Voted, That the Deputy Governor, Capt'n Arthur Fenner, Mr. Joseph Jeneks, Major John Greene, Mr. James Barker, Mr. Edward Smith, Mr. Caleb Arnold, Mr. Samuell Gorton, are chosen a Committee to consider concerneing a letter from the Honored Edward Cranfield, Governor of New Hampshire, in order to the publication of a printed paper, called a summons, subscribed by William Warton, and to consider what to draw up to the Honored Edw. Cranfield, and the rest, said to be com- missionated with him, to assemble at Mr. Richard Smith's, the 22d instant, haveing shown noe commission from his Majesty to this government for their soe acting.
128
RECORDS OF THE COLONY OF RHODE ISLAND, [1683.
Letter to the Governor of New Hampshire.
To the Honored Edward Cranfield, Esq'r, Lieftenant Governor and Commander-in-Chiefe of his Majesty's Province of New Hampshire, William Staughton, Joseph Dudley, Nathaniell Saltingstall, Edward Randolph, Samuell Shrinton, John Fits Winthrop, Edward Palmer, and John Pinchean, Esq'rs, at the house of Mr. Richard Smith, at Narragansett, in the Col- lony of Rhode Island and Providence Plantations, or King's Province, or soe many of them as are there present, these.
Per Mr. James Greene, Sen'r, and Mr. William Allin.
Warwick, August the 21st day, 1683.
Honored Gentlemen : Whereas his Royall Majesty by his gracious Letter Pattents, under the broad scale of England, hath betrusted and empowered us with the government of his subjects here in this his Collony of Rhode Island and Provi- dence Plantations, as alsoe by severall of his Royall letters, hath confirmed and encouraged us therein ; and this Court un- derstanding by some printed briefs, together with a letter to our Honored Governor, from yourselves, that you intend to meet at the house of Mr. Richard Smith, at Narragansett, the 22d instant : therefore, forasmuch as the government have not not seen any commission from his Majesty, for your soe meet- ing, wee doe expect at this Generall Assembly now in being, that you doe forthwith before you make any further proceeds, produce his Majesty's commission to our view, that wee may be informed what his Majesty's will and pleasure is concerne- ing us therein ; and the rather because we have received noe in- timation thereof, by any of his Royall Majesty's letters, as for- merly, in such cases. Thus, not doubting of your ready com- plyance with soe just a demand,
Wee take leave and remaine, gentlemen, Your friends and neighbours, JOHN POTTER, Clerke. By order and appointment of the Generall Court.
!
RET
129
AND PROVIDENCE PLANTATIONS.
1683.]
Voted, That Mr. James Greene, Sen'r, and Mr. Win. Allin, are desired and appointed as messengers to convey a letter to Governor Cranfield, at Mr. Richard Smith's house, at Narragan- sett, and to bring their answer.
Voted, This Assembly is adjourned untill to-morrow morn- ing, then to meet at the house of Capt'n John Foanes, at Nar- ragansett, or King's Province, at eight of the clock, in the morning, or thereabouts.
August 22d, 1683.
The Assembly being mett accordinge to adjournment, this 22d of August, 1683.
Wee, James Greene, Sen'r, and William Allin, being messen- gers appointed by this Assembly to convey a letter unto Goy- ernor Cranfield, and some others with him at the house of Mr. Richard Smith, at Narragansett, which accordingly wee did, and upon the delivery of the same unto Governor Cranfield, I, the said James Greene told the said Governor Cranfield, that the letter was sent by the Governor and Assembly of this Col- lony. The said Governor Cranfield asked what Governor. I, the said James Greene, answered it was sent by the Governor of Rhode Island and Providence Plantations, with the Assem- bly thereto belonging, which is now in being. Then the said Governor Cranfield answered againe, that he knew of noe Gov- ernor in the King's Province.
Dated this 22d of August, 1683, at the house of Capt'n Jolin Foanes, at Narragansett.
JAMES GREENE, Sen'r. WILLIAM ALLIN.
Voted, Forasmuch as wee understand upon the return of our messengers, Mr. James Greene and Mr. William Allin, that they delivered the Court's letter to the Honored Edward Cranfield, Lieftenant Governor, and Commander-in-Chief of New Hamp- shire, signifying that it was a letter sent from the Governor and Court of the Collony of Rhode Island and Providence Plan- VOL. III. 9
:
-
130
RECORDS OF THE COLONY OF RHODE ISLAND,
[1683.
tations. whereunto they say the Honored Governor Cranfield answered that he owned noe such Governor here in the King's Province ; and noe returne being made to our letter, &c., or any commission produced to this Assembly, but understanding that they proceed to setting a Court: therefore, this Assembly takeing the matter into searious consideration, doe unanimously order and agree, that the Honored Governor and Councill, doe forthwith send forth a Prohibition, under their hands and scales, in his Majesty's name, forbidding them to proceed in keeping Court : and to require all persons to depart peaceably, in pain of contempt of the King's authority.
Prohibition.
To Mr. Edmund Calverly, Generall Sergeant, whoe is required in his Majesty's name forthwith to publish this Prohibition at or near Mr. Richard Smith's house, in Narragansett.
Wee. the Governor and Councill of his Majesty's Collony of Rhode Island and Providence Plantations, &c., haveing under- stood not only by our messengers, Mr. James Greene and Mr. William Allin, but alsoe by a letter from under the hand of William Wharton, Register, said by order of his Majesty's Com- missioners, bearing date Narragansett, 1683 : that the Honored Edward Cranfield, Governor and Commander-in-Chief of New Hampshire, together with other associates have this day pre- sumed to settle a Court at Mr. Smith's house, by vertue of some printed briefs given forth in their owne name, without either date or place mentioned where it was made, not showing this government any commission from his Majesty for soe doc- ing. notwithstanding the Court's demand thereof. And wee being bound by virtue of his Majesty's commission, under the broad seale, &c., to provide for the peace and safety of his Majesty's subjects here, doe in his Majesty's name prohibit the said Edward Cranfield and associates, for keeping Court in any part of this jurisdiction. And wee alsoe hereby require in his Majesty's name, every person or persons within the
1683.]
.AND PROVIDENCE PLANTATIONS.
131
verge of this Collony and King's Province, peaceably to depart and not be abbettors to the said pretended Court, in pain of contempt of his Majesty's authority.
Given under our hands and scales at Capt'n John Foanes's house, at Narragansett, this 22d of August, 1683.
WILLIAM CODDINGTON, Gov'r,
1 ,
WALTER CLARKE, Dep'y - JOHN EASTON, Assistant, . .
ARTHUR FENNER, "
JOSEPH JENCKS,
RICHARD ARNOLD, " JOHN ALBRO,
GEORGE LAWTON,
JOHN GREENE,
BENJ. BARTON,
Letter to the Governor of New Hampshire.
To Edward Cranfield, Esq'r, Lieftenant Governor, and Com- mander-in-Chief of his Majesty's Province of New Hamp- shire, with the rest concerned, these.
Gentlemen : Your lines beareing date August 23, 1683, came to our hands by two of your three messengers, John Pincheon, Esq'r, and Mr. William Wharton, wherein you give us to understand that according to your printed briefs, you convened the 22d instant, at Mr. Richard Smith's house, at Narragansett, for persons to have opportunity to exhibit infor- mation, and bring in evidence in his Majesty's behalfe, and to prossicute their owne claimes, and that you had accordingly assembled, &c., hopeing that by our dutyfull complyance with his Majesty's commands, you might bee enabled to make re- port, &c., signifying that after two days' attendance here by our neglect, and contempt of his Majesty's commission, &c., you were necessitated to adjourn to Boston.
Whereunto wee answer, that wee are heartily sorry that you should, through your unneighbourly deportment in this govern- ment withhold from us the sight of your commission, soe to
132
RECORDS OF THE COLONY OF RHODE ISLAND, [1683.
contemne his Majesty's authority here, as to hinder us from be- ing serviceable to his Majesty therein. And for your slighting his Majesty's authority here, have extorted from us a Prohi- bition against your further proceeds : notwithstanding wee had used all our endeavours by trancesporting our records, and holding, adjourning and continuinge his Majesty's Generall Court here four days time and upwards, in hopes and expecta- tion of your complyance, that wee might have served his Maj- esty herein as formerly wee have done, and have to show his Majesty's gracious letters in approbation thereof. And soe wec take leave, and remaine,
Your friends and neighbours, JOHN POTTER, Clerke. By order of the Court.
From Capt'n John Foanes's house, 24th day of August, 1683.
By this said Court and by the authority thereof, was nomi- nated, deputed and appointed, authorized and engaged, Mr. Jirch Bull and Capt'n John Foanes, to be Conservators of his Majesty's peace, in the towne of Kings Towne.
Mr. Daniell Vernon chosen Clerke of said towne, and en- gaged thereto, by said Court.
Mr. Samuell Albro, chosen Treasurer, and engaged to said office, by the said Court.
Thomas Mumford, Henry Gardner, John Andrew, and James Hasleton, chosen Constables for said towne, and engaged to their said offices, by the said Court.
Job Jennie, chosen Sergeant for said towne, and engaged to his said office, by said Court.
Voted, That the draught of a letter to his Majesty here pre- sented, be carryed to Rhode Island ; and that the Governor and Deputy Governor and Councill of the said Island, shall perfect the same, and to convey it away by the first opportuni- ty they can, with all other writeings therein mentioned, to be enclosed in the same.
Voted, That this Assembly is adjourned untill the 10th day
133
AND PROVIDENCE PLANTATIONS.
1683.]
of September next, ensueing ; and then to meet and convene at Newport, at the house of William Maize.
September 10th, 1683.
The Court called, and did sit according to adjournment.
Voted, The Deputy Governor, Capt'n Arthur Fenner, Major John Greene, Major John Coggeshall, Mr. Joseph Jenckes and Capt'n Randall Houldon, are appointed and chosen a Commit- tee to draw up a remonstrance to present to this Assembly to consider of with respect to the late proceeds betwixt Governor Cranfield and associates, and this government ; and to make returne unto this Assembly of what they shall act therein, at their sitting to-morrow morning, at cight of the clock, or the second ring of the bell ; which was accordingly done, and voted to be trancescribed and sent.
Voted, In answer to the petition of Christopher Alny, beareing date Newport, the 10th of September, 1683, it not coming in forme according to law, to witt: the Generall As- sembly of his Majesty's Collony of Rhode Island and Provi. dence Plantations, this Assembly doth see cause to returne the said petition, with the money alsoe with it.
Voted, The Deputy Governor, Capt'n Arthur Fenner, Major John Greene, Major John Coggeshall, Capt'n Randall Houldon, Mr. Joseph Jencks, Mr. Thomas Ward, and Mr. William Wod- ell, them, or the major part of them, are chosen a Committee to draw up a draught of a letter, to be sent to his Majesty ; and to make returne unto this Assembly of what they shall act therein.
Voted by this Assembly, that what moneys of the Collony's that are in the hands of the late Governor, Major Peleg Sanford, that concernes the Collony, or was gathered for the late Goy- ernor of York, Edmund Andros, Knight, be forthwith delivered to our Honored Governor, William Coddington, Esq'r, or Depu- ty Governor, or either of them, and their, or either of their re- ceipts, shall be Major Peleg Sanford's discharge for soe much as he received.
Voted and ordered by this Assembly, That the letter drawn
134
RECORDS OF TIIE COLONY OF RHODE ISLAND, [1683. i
up to send to his Majesty, the copy thereof being now perfect- ed ; and the letter drawn up to send to the Right Honorable the Lords of the Committee, with their writeings, that are alsoc ordered to be sent, bee committed to the care of the Governor and Deputy Governor, or cither of them, to git them fairly trancescribed, and send them away by the first expedition ; and what charge they, or either of them are at for the same, shall be paid.
Voted and ordered, That the Assembly vote by papers for an Agent to be sent for England.
The Agent chosen, is Capt'n Arthur Fener.
Voted, That a levie of £400 in money, bee raised within the precincts of this Collony, and that the stateinge of the said levie on each towne, Islands and places, more pertickularly is referred to the next Generall Assembly, to be held at Providence, the last Wednesday in October next; and this levie to be only for the use of sending an Agent for England.
Voted, That the Assembly doe vote by papers for an Agent to be sent for England, with Capt'n Arthur Fenner, whoe was first chosen.
The Agent chosen, is Major Peleg Sanford.
Voted, That copys of the Generall Assembly's acts shall be transcribed by John Potter, Clerke to this said Assembly, and copys thereof be presented unto Mr. John Sanford, Recorder of this Collony, who is, in his Majesty's name, hereby required forthwith to affix the seale of the Collony unto each copy ; and that the said Clerke shall immediately within twenty days after the dissolution of this Assembly, send forth a copy there- of unto each respective towne within the jurisdiction of this Collony.
Voted, That the said Clerke, for giveing his attendance as Clerke to this Assembly, and for copys of the Assembly's acts as above-said, shall have from each severall towne in this Col- lony, the sum of seven shillings and sixpence in money, paid to him.
It is further ordered, That the Recorder shall have two shil- -ings and sixpence in money, for affixing the seale of the Collony
, 1
-
135
AND PROVIDENCE PLANTATIONS.
1683.]
unto each respective copy, and for recording the acts of this said Assembly in the Booke of Generall Records, the sum of seven shillings and sixpence in money, and this to be paid un- to the said Recorder proportionably by each respective towne within the jurisdiction of this Collony, aforesaid.
Voted, That the petition of Christopher Almy is referred to the next Generall Assembly in October next, in Providence.
Voted, That the bill presented by Mr. Edmund Calverly to this Assembly for his service, done in giveing his attendance as Generall Sergeant on this Assembly, is allowed, and ordered to be paid to him, which said bill is two pounds, one shilling and sixpence, in or as money.
Voted, This Assembly is dissolved.
A true copy, Per JOHN POTTER, Clerke.
The seale of the Collony affixed.
Per JOHN SANFORD, Recorder.
Letter from Rhode Island to the Lords of his Majesty's Committee for Trade and Plantations.
Newport, this 15th of September, 1683.
Right Honorable : May it please your Lordships to afford us his Majestie's subjects, the Governour and Company of his Maj- estie's Collony of Rhode Island and Providence Plantations, in New England, the continuance of your favourable aspect, next under his Majestic, humbly desiring your Lordships, in case any returne should come before your honours, from Edward Cranfield, Esq'r, Lieutenant Governor and Commander-in-Chief of New Hampshire, William Stoughton, and other associates. said to be in commission with them, to inquire into the claimes as well of his Majestie, as of all other persons or Corporations, that your Lordships would please so farr to favour us, as to de- sire his Majestie to cause a stop to be put to a full determinat- tion thereon ; because we humbly conceive, if there should be any procced therein, his Majestie himself as well as his Majes- tie's liege people and subjects here, will be injured and disap- pointed, who were all in readiness to have appeared before the
.
₹i.
136
RECORDS OF THE COLONY OF RHODE ISLAND, [1683.
said Commissioners, as well for his Majestie's interest, as their owne ; provided the said Commissioners would have shown their commission to his Majestic's Governor and Court here, who assembled first at the towne of Warwicke, the 20th of August, last past, and from thence adjourned to Capt'n John Fones's his house, at Narragansett, the next day, neare where they met, having provided themselves with such Records as might make for the clearing of truth, both for his Majestic and his liege people. But although his Majestie's Court here de- sired it, and waited with patience, nevertheless those Commis- sioners produced not their commission to our view, but removed out of our Collony, to the great disappointment not only of his Majestie's Collony in generall, but also of the towne of Wester- ly, formerly called Misquamacuck, as well as others.
We could have heartily wished that those gentlemen might have been as well received by us, as his Majestie's former Hon- orable Commissioners, Collonell Richard Nichols, Robert Carr, Knights ; Collonell George Cartwright, and Samuell Maverick, Esq'rs, who of their own accord, courteously showed their com- mission, under the broad scale, to our Governour and Councill, before they acted any thing in this his Majestie's jurisdiction ; notwithstanding they brought his Majestic's Royall letters to signify the same, which the aforesaid Commissioners had not. May it please your Lordships to take notice, that we are ready to prostrate ourselves and concerns at his Majestic's feet, and notwithstanding take our selves in duty bound to uphold, and not to prostrate his Majestie's authority here, at any of our fel- low subjects' feet. Wee humbly beg your Lordships, that in case any complaints come against us, that we may have notice, for we take it as a great favour granted to us by his Majestie in his gracious Patent, that in case of difference betwixt us and our neighbouring Collonies, wee have liberty granted to make our appeal to him.
Wee desire of the God of heaven to give him a long and a
..
137
AND PROVIDENCE PLANTATIONS.
1683.]
happy reigne, and your Lordships all peace and happiness, and remaine,
Your humble supplicants,
(Signed). WILLIAM CODDINGTON, GOV'T.
In behalf of his Majestie's Generall Assembly of Rhode Is- land and Providence Plantations, in New England.
(Indorsed.) 15 September, '83.
From the Governour and Company, to the Committee.
Representation from the Town of Warwick relative to the Narra- gansett Country.
To his Most Excellent Majestie, Charles the Second, of Great Britain, France and Ireland, King, and the dominions there- unto belonginge.
The humble petition and remonstrance of Randall Houldon and John Greene, inhabitants of the towne of Warwicke, in your Majestie's Collony of Rhode Island and Providence Plan- tations, in New England, humbly showeth, that your petitioners beinge members of your Majestic's Generall Court, held at Warwicke, which Court being then assembled, August the 20th, 1683, and understandinge that the Honoured Edward Cranfield, Esq'r, Lieftenant Governour, and Commander-in- Chiefe of his Majestic's Province of New Hampshire, together with William Stoughton, Esq'r, and other associates, said to be in commission with him, were to meet at Mr. Richard Smith's house, at Narragansett, to inquire into the claimes as well of his Majestie as any other persons, to the Narragansett Country, and as their printed briefs did declare, in order thereunto sent a letter to them to produce their commission to the view of the Honoured Court, whoe saw cause to adjourne to Capt'n John Fones's house, neere to Mr. Richard Smith's, waytinge for their answer, but not obteyninge a sight of their commission, the Governour and Councill sent forth a Prohibition under their handes and seales, as well to prohibitt your Majestic's subjects from attending them, as them from keepinge Court. In obedi- ence thereunto, wee appearad not before them, although wee together with your Majestic's Court, had prepared our selves
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.