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 15
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Be it therefore enacted by this Assembly and the authority thereof, and it is hereby enacted by the authority of the same, That from and after publication hereof, it shall be fellony for any person which now doth, or within four years last past heretofore hath or hereafter shall inhabit or belong to this Col- lony, to serve in America in any hostile manner, under any for- cign Prince, State or Potentate, or any employed under any of them, against any other foreign Prince, State or Potentate, in amity with his Majesty, without special lycence for so doing, under the hand and seal of the Governor, or Commander-in- Chief of this Collony for the time being. And that all and every such offender or offenders contrary to the true intent of this ast, being thereof duly convicted in any of his Majesty's Courts of Judicature within this Collony, to which Court au- thority is hereby given to hear and determine the same, as in other cases of fellony, shall suffer pains of death, without bene- fit of the clergy.
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Provided nevertheless, That this act nor any thing therein contained, shall extend to any person or persons which now are or have been in the service and employment of any foreign Prince, State or Potentate whatsoever, that shall return to this Collony, and leave and desert such service and employment be- fore the twenty-ninth day of December next ensueing, render- ing themselves to the Governor or Commander-in-Chief for the time being, and giving him such security as he shall appoint for their future good behaviour; and also that they shall not depart this Collony without the Governor's leave.
And for the better and more speedy execution of justice upon such who, having committed treasons, piracies, fellonys, and other offences upon the sea, shall be apprehended, in, or brought prisoners to this Collony.
Be it further enacted by the authority aforesaid, That all treasons, fellonies, piracies, robberies, murthers, or confedera- cies, committed or that hereafter shall be committed upon the sea or in any haven, creek, or bay, shall be inquired, tryed, heard, determined and judged within this Collony in such like form as if such offence had been committed in or upon the land. And to that end and purpose, commissions shall be had under the King's great seal of this Collony, directed to the Judge or Judges of the Admiralty of this Collony, for the time being, and to such other substantiall persons, as by his Majes- ty's Governor or Commander-in-Chief of this Collony for the time being, shall be named or appointed : which said Commis- sioners or such a quorum of them, as by such Commission shall be thereunto authorized, shall have full power to do all things in or about the inquiry, hearing, determining, adjudging and punishing of any the crimes and offences aforesaid, as any Com- missioners to be appointed by commission under the great seal of England, by virtue of a statute made in the twenty-eighth year of the reign of King II., S, are empowered to doe and exe- cute within the Kingdom of England. And that the said of- fenders which are or shall be apprehended in, or brought prisoners to this Collony, shall be lyable to such order, process, judgments and execution by virtue of such commission to be
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grounded upon this act. as might be awarded or given against them. if they were proceeded against within the realm of Eng- land, by virtue of any commission grounded upon the said statute. And all tryalls heretofore had against such criminall or criminalls before any Judge or Judges, by virtue of such commission or authority at any time heretofore granted, and all proceedings thereupon, are hereby ratified, confirmed and adjudged lawfull. And all such Judges with all and every the inferior officers that have acted thereby, are hereby indemnified to all intents and purposes whatsoever. And in case they or any of them shall at any hereafter be sued, vexed, mollest- ed or troubled for any such their proceedings, as aforesaid ; he or they so sued, vexed, or mollested, shall plead the generall issue, and give this act in evidence, any law, statute, custom or usage, to the contrary in any wise, notwithstanding.
And be it further enacted by the authority aforesaid, That all and every person or persons that shall any way knowingly entertain, harbor, conceal, trade, or hold any correspondence by letter. or otherwise, with any person or persons, that shall be deemed or adjudged to be privateers, pirates, or other offend- ers, within the construction of this act ; and shall not readily to the best of his or their power, to apprehend or cause to be apprehended, such offender or offenders shall be lyable to be prosecuted as accessaries and confederates, and to suffer such pains and penalties, as in such case by law is provided.
And for the better and more effectual execution of this act, be it further enacted by the authority aforesaid, that all com- missioned officers in their severall precincts within this Collo- ny, are hereby required and empowered upon his or their knowledge or notice given, that any pirates or other persons suspected to be upon any unlawful design, are in any place within their respective precinets to raise and levy such a mum- ber of well armed men as he or they shall think needful for the seizing, apprehending, and carrying to jail all and every such person or persons. And in case of any resistance or refusall to yield obedience to his Majesty's authority, it shall be lawfull to kill or destroy such person or persons; and all and every
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person or persons that shall oppose or resist by striking or firing upon any of the commanded parties, shall be deemed, taken and adjudged as fellons, without benefit of clergy. And every such officer that shall omit or neglect his duty herein, shall for- feit fifty pounds currant money of this Collony by bill plaint, or information, wherein no essoign wager of law or protection shall be allowed ; one moiety thereof to be to our Sovereign Lord the King, his heirs and successors, for and towards the support of the government of this Collony, and the contingent charges thereof; and the other moiety to the informer. And all and every persons or persons that upon orders given him or them, shall refuse to repair immediately with his or their arms well fixed, and ammunition, to such place or places as shall be appointed by said officer, and not readily obey his command in the execution of the premises, shall be lyable to such fine or corporal punishment as by a regimental court martiall shall be thought fit.
Voted, That the act of this Assembly for the suppressing privateers and pirates, &c., is ordered to be forthwith published in the town of Newport, by the Recorder, with drum and at- tendance.
Voted, Forasmuch as there is to this Assembly a complaint presented by John Borden, of the town of Portsmouth, that he is unjustly mollested and arrested in fallacious manner, for maintaining the true right of this his Majesty's Collony, against the intrusions of the authority of Plymouth Collony, this As- sembly seriously considering the matter, do refer the consider- ation thereof to a Committee to draw up their result thereon, and present to this Assembly for approbation.
The persons chosen, are the Deputy Governor, Major John Greene, Mr. James Barker, Mr. William Wodell, Mr. Caleb Arnold, Mr. Benjamin Smith, and the Recorder; they, or the major part of them .*
Voted, That a letter drawn up by the Commitee is approved on, and ordered to be sent to the government of Plymouth, and shall be transcribed by the Recorder, and by him also signed.
Voted, Whereas there hath been to this Assembly presented
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a petition from Henry Tibbitts, with the complaint that some officers that Thomas Gould, who was by the last Court of Try- alls sentenced, and by this Assembly enlarged ; he, the said Goukl, hath not performed the Court of Tryalls' sentence, and thereby forfeited his enlargement, this Assembly do order that for the preservation of his Majesty's peace, warrant be forth- with issued from the Governor to any Constable or Constables he thinks fit, to apprehend the said Thomas Gould, and bring him before this Assembly, or before the Honored Governor or Deputy Governor, to answer to such charges alledged against him.
Voted, The Deputy Governor, Mr. Joseph Jeneks, and Ma- jor John Greene, are chosen a Committee, they or the major part of them, to draw up our humble presentation unto his Maj- esty, therein to signify our loyall obedience to his Majesty's commands, in his letters bearing date the 8th of March, 1683-4, together with his Royall Proclamation against privateers and pirates, hath accordingly in this Collony been proclaimed and observed. And also some lines to the Honorable Sir Leoline Jenkins, one of his Majesty's Principal Secretaries of State.
Voted, The Committee having presented the letter to his Excellent Majesty, and a letter to Sir Leoline Jenkins one of his Majesty's Principal Secretaries of State, are both approved on by this Assembly.
Voted, In answer to the petition of the inhabitants of New Shoreham, bearing date June the 24th, 1684, wherein they crave that they may not be denyed those priviledges that other towns do or may enjoy, &c., this Assembly do declare that they will not abridge them of their liberties formerly granted them, as well as to other townes in this Collony, not questioning but they will make good improvement thereof.
Voted, In answer to the petition of Simon Medus, David Brown, and associates, being Jews, presented to this Assembly, bearing date June the 24th, 1684, we declare, that they may expect as good protection here, as any stranger, being not of our nation residing amongst us in this his Majesty's Collony, ought to have, being obedient to his Majesty's laws.
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Voted, Major John Coggeshall, and Major John Greene. are appointed a Committee to inspect and make up all accounts with the late Treasurer, Majer Peleg Sanford, and the present Treasurer, Weston Clarke, concerning all matters of accounts ; and in especiall concerning the bark Whitewood, and the boat wherein there were severall pirates or privateers seized with their guns, &e., and the Committee aforesaid, are hereby al- lowed two shillings, six pence per day, and their victuals and drink, to be defrayed out of the said goods for every day they attend upon the making up the said accounts, and make a true return of their proceedings to the next Generall Assembly; and the said Committee to appoint the time and place of their first meeting, and so from time to time, until the matter be ae- complished according to the time appointed to make their returne.
And further it is ordered, That upon the delivery by Major Peleg Sanford, of what is in his hands, above mentioned, to the Generall Treasurer, Weston Clarke, the Generall Treasurer's receipt shall be his discharge ; any former order in this Collony to the contrary hereof, notwithstanding.
Voted, In answer to Christopher Almy's petition to this As- sembly, seriously considering the matter, do judge that the matter doth not concern them, but if the said petitioner do judge he hath been wronged by any officer or officers, he hath his liberty of proceeding against him or them in a legal way, by prosecution according to law.
Voted, Ordered, that the next Generall Assembly be held for this Collony, the last Wednesday in October, to be kept at Warwick, and that for the future it be held and kept at Provi- dence and Warwick towns by turns annually, till further order.
Voted, Ordered, that in case the Major of the Island, or the Major of the main land, see cause to require their respec- tive towns to meet in way of a generall muster. the towns of the Island on the Island, and the towns of the main land, in this Collony, there so meeting, shall excuse them from meet- VOL. III.
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ing two training days next ensueing such generall muster, the election day only excepted.
Voted, This Assembly having taken into their consideration the Collony's debts, and finding that without some speedy course be taken to raise moneys, to supply the Generall Trea- sury, the government of this his Majesty's Collony cannot sub- sist, therefore this Assembly do declare to the severall towns, that of necessity a rate ought to be made the next Assembly, that so they might provide by their Deputies therefor ; and for what else may appear.
Voted, Ordered by this Assembly, that all future rates that shall be made in this Collony, or towns, shall be gathered up by the Constables of cach respective town and place, to whom it shall be directed by warrant ; and he shall deliver in the Collony rates to the Generall Treasurer, and the town rates to the Town Treasurer, by the respective times appointed for de- livery ; and the Treasurers' receipts shall be his or their dis- charge. And he or they shall be allowed two shillings upon the pound in like pay as the rate is, for his services; and in ease any person refuses to pay their rate upon demand, the Constable shall make distraint, taking aid, if need require, for the respective rate, and also for his fees more than the rate as- sessed for making distraint ; which fees shall be one shilling, of like pay as aforesaid, of each person he distrains on, be their assessment more or less. And in case the Constable or Con- stables neglect or refuse to gather up and deliver in the re- spective rates to the Treasury, whereunto it belongs, he or they shall be lyable to pay the double of what his or their fees ought to be.
July 24th, 1684.
Voted, Whereas Thomas Gould, of Kingstown, is brought before the Governor and Councill, sitting in this Assembly, July the 2d, 1684, to answer for his not complying with the sentence of the late Court of Tryalls, in March last past, by satisfying the charges of the Constables and aid, as it appears
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under the hands of John Andrew and Daniell Vernon, Consta- bles, and John Low; as also by reason of a petition presented by Henry Tibbitts. And he being examined concerning the premises, did in the presence of the Assembly, instead of giv- ing a submissive answer thereunto, in contemptuous manner misbehave himself to the Court and members thereof, and de- parted without leave.
Therefore, this Assembly, taking the matter into their seri- ous consideration, and forasmuch as he hath abused that favor granted him by this Assembly, do therefore order, that the late act made for his enlargement be repealed, and that he be left in the Generall Sergeant's custody, to perform the sentence of the Court ; and that Edward Thurston and Samuell Cranston may have their bonds released, if they desire it. In open As- sembly Mr. Samuell Cranston desired to be released of his bond.
Voted, The case betwixt John Williams and Shuball Painter, is referred to the next Generall Assembly, by reason that Shu- ball Painter is absent, being employed about the country's service.
Voted, Sergent Edmund Calverly's bill, amounting to the sum of eight pounds, two shillings, and eight pence, for service done for the Collony, is owned and allowed, and ordered to be paid by the Generall Treasurer.
Voted, Henry Lilly's bill, for service done for the Collony, since the Assembly in May, 1679, the partickulars having been perused, this Assembly do allow him the sum of twelve pounds, to be paid out of the Generall Treasury.
Voted, John Sanford's bill for service done for the Collony as Recorder, and Secretary, from May, 1682, amounting to five pounds, five shillings, in or as money, is allowed, and ordered to be paid by the Generall Treasurer.
Voted, That the Recorder, as Clerke of this Assembly, is al- lowed ten shillings, to be paid unto him out of the Generall Treasury. And shall have from each town in this Collony, the sum of ten shillings money, for copys of this Assembly's acts,
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under the seal of the Collony ; and that copys be with all ex- pedition issued forth, and sent to cach town.
Voted, This Assembly is dissolved.
Proceedings of the General Assembly held for the Collony of Rhode Island and Providence Plantations at Warwick, the 29th day of October, 1684.
The Deputy Governor, Mr. Walter Clarke, chosen Mod- erator.
The Recorder, John Sanford, chosen Clerke.
Voted, Upon the petition of Phebe Cook, the wife of John Cook, late of the town of Warwick, for a divorce from her said husband. And it appearing to this Assembly, that for severall years past, the said John Cook hath absented himself from his said wife, and hath not as he ought, provided and allowed maintenance to his said wife and children ; and also by three evidences produced in this Assembly, it appearing that the said John Cook is married to another, or at least liveth with another woman, owning her to be his wife, in the Island of New Providence : and also it being well known that the said John Cook lived a deboist life in this Collony, and denyed his said wife Phebe ; and on certain information, understanding that in this country he twice endeavored to be married to others.
This Assembly on the serious consideration of the matter, and in answer to the justice of the petitioner's request, do see just cause, and hereby do grant and determine an absolute di- vorce, and clear separation unto the said Phebe Cook, from her said husband, John ook. And this Assembly order, that the evidences or true copys of them, be kept on record, and the pe- titioner to bear the charge.
And it is further ordered by this Assembly, That the goods or
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chattels, and the profit of the lands of the said John Cook, that are in this Collony, shall be by said Phebe possessed and im- proved towards the maintenance of her children untill her chil- dren come of age, or untill further order.
Voted, For an addition to the Generall Sergeant's power of gathering former rates, and Constables' power for the gather- ing future rates, ordered, that the Sergeant and Constables have power to press two or three men to go with him or them to aid and assist them or either of them, in the seizure of those rates that are refused by any person or persons, to pay their partiekular rates ; and the Sergeant and Constable with the rates his levying or straining fees, and two shillings from each person for the men he or they press to go with him or them, to seize said rates.
Voted, A rate to be made for one hundred and sixty pounds, in money, or pay equivalent.
It is further ordered, That if any person in any the respec- tive towns have ought due to him, from the Collony, and desire to be paid either out of his own rate, and the rate assessed in the town where he dwells, in case he makes it appear to a Magistrate in the town where he dwells, what is his just due by order or bill from the Generall Assembly, then the Consta- ble. upon the Magistrate's approbation thereof, shall discount and offsett so much. Always provided. the Constable return a due account thereof to the Generall Treasurer, that he may keep account thereof; who shall have half sallary for his pains in keeping the accounts so returned.
Voted, In answer to Mr. John Williams his petition, con- cerning Shuball Painter, the Court taking the matter into sca- rious consideration, do find that the proceedings in the Court of Tryalls in March and September, 1683, for want of due no- tice given to said Williams, was not so regular as it ought to have been ; and therefore do leave them, if they cannot other- wise agree to a due course of law.
Voted, In answer to Abraham Man's petition, the Court al- lows him three pounds, in or as money, to be paid by the Trea-
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surer, out of the next rate to be gathered, for the cure of his wound in the late Indian war.
Voted, John Bellou is also allowed three pounds, in or as money, to be paid by the Generall Treasurer, for his cure of his wound in the late Indian war.
Voted, Upon the presentation of Mr. Joseph Jencks and Major John Green, for allowance for their service, and moneys expended, being employed by the Assembly to go to Kings Town, to engage officers there. This Assembly do allow them the sum of fourteen shillings apiece, to be paid by the Generall Treasurer.
Voted, That the Recorder shall have five shillings, in or as money, from each town in this Collony, for the copies of this Assembly's acts that are binding on the inhabitants of the ser- erall towns, to be with all expedition issued forth, under the seal of the Collony, and is allowed the sum of eight shillings, in or as money, to be paid by the Generall Treasurer, for his attendance on this Assembly.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 5th of May, 1685.
The Governor chosen Moderator.
The Recorder chosen Clerke.
Mr. William Coddington, Governor.
Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. John Easton, Mr. Caleb Carr, Major John Coggeshall, Capt'n Arthur Fenner, Mr. Joseph Jencks,
Mr. Richard Arnold, Major John Albro, Mr. George Lawton,
Major John Greene, Mr. Thomas Greene.
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DEPUTIES.
For Newport. Mr. James Barker, Sen'r,
Mr. Edward Thurston, Sen'r, Mr. Thomas Ward,
Mr. John Rodman,
Mr. Nathaniell Coddington,
Capt'n Roger Goulding. For Providence. Mr. Stephen Arnold, Sen'r,
Mr. Thomas Field,
Mr. Valentine Whitman,
Mr. Thomas Harris, Jun'r. For Portsmouth.
Mr. Latham Clarke,
Mr. Henry Brightman,
Mr. John Coggeshall,
Mr. Joseph Nicolson. For Warwick. Mr. James Greene, Sen'r,
Mr. Benjamin Smith. Mr. Benjamin Barton. Mr. John Warner. For Westerly. Mr. Jeffrey Champlin. Mr. Robert Burdick. For New Shoreluan.
For Kings Towne.
For East Greenwich. Mr. Thomas Nicolls, Mr. Henry Mathewsen. For James Towne. Mr. Ebenezer Slocum. Mr. Nicholas Carr.
The Governor chosen Moderator.
The Recorder chosen Clerke.
Voted, Richard Greene, Thos. Greene, Jun'r. Peleg Rhodes and Joseph Smith, freemen of the town of Warwick, are ad- mitted freemen of this Collony.
Voted, Samuell Bennett, being a freeman of East Green- wich, is admitted a freeman of this Collony.
Voted, This Assembly is dissolved.
At the Generall Assembly and Election held for the Collony at Newport, the 6th of May, 1685.
The Assembly consisted of the Deputy Governor, Assistants and Deputies afore named.
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The Deputy Governor chosen Moderator.
The Recorder, John Sanford, chosen Clerke.
The Charter openly read.
Voted, The Recorder shall take the names of those that bring in their votes for Governor.
Voted, Mr. Thomas Ward, of Newport, and Mr. John Cog- geshall, of Portsmouth, shall receive the votes from every man's hand that brings them in, and take care there be no deceit used. and as the Election proceeds, put the votes into the hat.
Voted, That Major John Coggeshall and Major John Greene, shall open the proxies, and as the Election proceeds, put the votes into the hat.
Voted, That for the conveniency of the Election, the Assom- bly sit in the lower room.
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,
Major John Coggeshall,
Mr. Caleb Carr,
Capt'n Arthur Fenner ..
Mr. Joseph Jeneks,
Mr. Richard Arnold,
Major John Albro,
Mr. George Lawton. Mr. Samuell Gorton,
Mr. Benjamin Barton. RECORDER.
John Sanford.
GENERAL SERGEANT.
Mr. Edmund Calverly. GENERAL TREASURER. Mr. John Woodman. GENERAL ATTORNEY. Mr. Weston Clarke. MAJOR FOR THE ISLAND.
Capt'n Roger Goulding. MAJOR FOR THE MAINE. Major John Greene.
Voted. The Governor elected being absent, that the Recorder in the name of this Assembly, do signify the Assembly's de- sire unto him, which is as followeth :
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To the Honored William Coddington, Esq'r, Governor elect for his Majesty's Collony of Rhode Island and Providence Plan- tations. These per gentlemen, members of the Assembly :
Honored Sir: By the Generall Assembly and Election held at Newport, the 6th day of May, 1685, you may please to un- derstand that by the free and absolute vote of the freemen of this his Majesty's Collony of Rhode Island and Providence Planta- tions, you are elected and chosen to the honorable place of Governor; and your Honor being absent, this Assembly, with their hearty desire of your welfare and presence, have to that end desired and chosen the bearer to accompany you to this Assembly, who now wait thereupon with earnest expectation. And hoping we shall not fail of your presence amongst us, we have desired and sent Mr. John Easton, and Mr. Richard Ar- nold. Assistants, Mr. Edward Thurston, Sen'r, and John Rod- man, to wait upon you, and remain,
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