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 17
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179
AND PROVIDENCE PLANTATIONS.
1685.]
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Providence, 28th of October, 1685.
The Deputy Governor Moderator.
Major John Greene chosen Clerke of the Assembly. The Court adjourned to eight of the clock in the morning.
October 29th. Dies Jovis.
In answer to the petition of the town of Westerly, concern- ing settling the easterly bounds of said town's jurisdiction, this Assembly taking the matter into serious consideration, do enact and order. that the easterly bounds of said town as to jurisdic- tion. shall extend to Pettacomscutt westerly line, and so to run as Pettacomscutt line runs northward, until it come to Pauqua- tuck River, so as to cause all the inhabitants that dwell therein to be liable to all manner of duties to that town as a town; and this to continue untill the Generall Assembly see canse to order otherwise.
In answer to the petitions of Samuell Bennett. James Sweet, and Mark Roberts, concerning each of them desiring to have a lot and firm in East Greenwich. the Court see cause to grant their request, in order as they are named. if there be such lots and farms to be disposed of. and refer the disposition thereof, to the town of [ East] Greenwich, to accommodate all three if possible.
Ordered, That a Committee be chosen to consider of and bring in a result concerning the petition for settling a Planta- tion in the Narragansett and Niantiek countries, subscribed by William Hopkins, John Warner, James Greene, Jan's, and Henry Lilly. &c.
The Committee chosen are My. Joseph Jeneke. Major John Groge. Mr. James Barker. Mr. Nathaniell Waterman. Mr. Thomas Cornell, Mr. Benjamin Smith, Mr. Caleb Carr, Mr.
180
RECORDS OF THE COLONY OF RIIODE ISLAND,
[1685.
John Heath, Lieut. Joseph Devett, they or the major part of them, to bring in their result to-morrow morning, at the Court's sitting.
The Court adjourned untill to-morrow, eight of the clock in the morning.
October 30th.
Dies Vencris.
The Committee aforesaid, having brought in their result, is as follows, viz. :
We, the Committee, having been chosen to consider of and bring in our result to the Generall Assembly concerning the petition for settling a Plantation in the Narragansett and Ni- antiek countries, for about one hundred and fifty families, &c., upon a serious consideration by the best information we can procure, we do declare, that we do conceive there is a sufficient accommodation for such a Plantation as the petitioners have petitioned for.
Furthermore, we humbly take notice, of his Majesty's most gracious Royall letters, bearing date from Whitehal, June 26, 1685, wherein he is pleased most graciously to signify to our Honored Governor, of this his Majesty's Collony, that he should signify to the inhabitants his now Majesty's Royall care and protection to them in the preservation of their rights ; and in the defence and security of their persons and estates, &c., which we judge a protection sufficient for this Honored Assembly to grant the petitioners' request.
Furthermore, We do conceive that there ought to be a com- petent number of the petitioners, at least fifty to be in readi- ness to begin the said Plantation ; and for that end, and purpose, that their names be given in to the respective Magistrates and Conservators, to each town and place, betwixt this and the next Court, there to be returned and confirmed. Always provided, that the said petitioners shall settle at their own cost, and charge. For the speedy and more effectual settlement thereof, that this Generall Assembly be pleased to transfer their whole power, to the Governor and Councill, to hold Court or Courts in the Narragansett or Niantick countries, with all convenient
IS1
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1685.]
speed, for the settling of the said Plantation ; and to do any act or thing for the settling of Kings Town ; and if they see cause, to divide them into more than one town. And to do any other act or thing necessary for the peace and welfare of his Majesty's subjects, as if the Generall Assembly were there present to act the same. Always provided, there shall always be at least seven of the Councill, the Honored Governor, or Deputy Governor, being one of the seven. And this their power to continue till further order.
JOSEPHI JENCKS, Assistant, JOHN GREENE, 66
JAMES BARKER, THOMAS CORNELL, NATHANIELL WATERMAN,
JOSEPH DEVETT, CALEB CARR, JOIIN HEATH.
The Assembly, upon serious consideration of the matter pre- sented by the Committee aforesaid, and for the quiet and peaceable settlement of his Majesty's subjects, the petitioners, and speedy regulating of the defects of Kings Town, do enact and order, and it is hereby ordered, that this Generall Assem- bly do and have transferred and given their whole power to the Honored Governor and Councill of this his Majesty's Collony, to hold Court or Courts in, the Narragansett or Niantick coun- tries, with all convenient speed, for the settling of the said Plantation, and to do any act or thing for the settling of Kings Town ; and if they see cause, to divide them into more than one town. And to do any act or thing necessary for the peace and welfare of his Majesty's subjects, as if the Generall Assembly were there present to act the same. Always pro- vided, there shall be at least seven of the Councill present at such Courts ; the Honored Governor [or] Deputy Governor being one of the seven ; and this their power to continue till further order.
Whereas severall complaints have been made to the Generall
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1685.
Assembly of this Collony by severall women concerning their husbands deserting them, and so absenting themselves, not only to neglect providing for them, but also they cannot be heard from, which matter if not timely prevented, may give occasions for persons to break forth to the committing of folly, who oth- erwise might live honestly amongst their neighbors : for the preventing of such miscarriages, be it enacted by this Assem- bly and the authority thereof, and it is hereby ordered, that if cither husband or wife have or shall so desert their husband or wife, that they cannot be heard of in five years' time after their departure of such husband or wife, the said husband or wife shall be free from their said husband or wife. Only it is provided, that forasmuch as a negative cannot otherwise be made to appear, therefore the person, be it husband or wife that expects relief, shall positively give their engagement. to- gether with other circumstances agreeing before a Court, that they have not heard from their said husband or wife so absent- ing themselves five years' time as aforesaid, whereupon the ab- sent party shall be deemed as dead, and therefore the grieved party be released; any thing to the contrary in any wise, not- withstanding.
Ordered, That the Clerke of the Assembly transcribe the arts thereof. and send them to each respective town of this Col- lony ; and the Recorder shall fix the seal of the Collony to each copy, that they may be sent forth with all convenient ex- pedition. And the Clerke of this Assembly shall have soyon shillings and six pence in money of each town. And the Re- corder shall have two shillings and sixpence of each tows. for entering the acts in the Book of Records, and setting the seal to each copy.
Voted, That the Assembly is dissolved.
Compared by the Court. JOHN GREENE. Clerke.
According to the aforesaid act of the Assembly, the seal of the Collony affixed to nine copies.
Per JOHN SANFORD. Recorder.
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AND PROVIDENCE PLANTATIONS.
1685.]
Petition of John Fornes and others, relative to Lands.
To the Honorable the Governor, Deputy Governor, Assistants and Deputie for this his Majesty's Collony of Rhode Island and Providence Plantation .. , in their Generall Assembly at Providence, the 28th of October, 1685.
The humble Petition (or Address) of the Freemen and free born Inhabitants of said Collony is, and showeth :
That whereas, his Majestie, King Charles the Second, of blessed memory, over England, &e., out of his wonderful clemeney, grace and favor by his Royal Charter under the great seal of England, bearing date at Westminster, the 8th day of July, in the fifteenth year of his reign, did invest your Honors with all priviledges as Col- lony, in a tract of land which comprehendeth the Narragansett and Niantick country and with all priviledges, both of soyl and government, as by said gracious Charter largely appears, reserving nothing to himself, in lien of all duty and services, but the fifth part of gold and silver ore, which from time to time shall there be found. And all this he confirms from him, his heirs and successors, to you, your heirs and successors for ever, (to be held, &#). The which said priviledges so contained in said Charter, with his Majestic's favor, from time to time thereon, hath Lers. and still is a brazen wall encompassing ns, so that through the blessing of God thereon, we remain a people as monuments of his favor, to this day ; notwithstanding the envy of others, which would from time to time have devoured us. And we be- ing fully persuaded that the High and Mighty Prince James, our Dread Sovereign Liege Lord and natural King, will from time to time extend his like favor towards us, with as much compassion and tenderness as ever his Royal brother King Charles the Second, of blessed memory, hitherto has done, whose splendant rays of favor as from his Royal predecessors, will expel all the foggs and mists the enmity of malig- nant and disaffected persons for their private ends may seem to bait u- with ; so that in all respects which shall be seen and appear to his Majestic, both real and loyal, as indeed we are. And that for conscience sake, and being unaningonly in this affair with sure and certain hopes of his Majestic's favor, shall endeavor with heart and mind to our utmost in all respects to walk worthy of the gracion- grant contained in said Charter, and with all submission do earnestly desire that this his Collony may be peopled by us his Majestic's natural, loyal, loving and well-affected subjects, which we ingenionsly do hope will be to the honor of God and our Prince's praise and renown ; all which are unseparable.
And whereas, there is a convenient and suitable accommodation for at least one hundred and fifty families without the lines of Pettaquamseutt, Greenwich. War- wick and Westerly, in the Narragansett and Niantiek country, of lands, commodi- ous for present settlement, and undisposed of by your Honours ; we humildly desire we may be favored therewith, which will be and remain on us a great and con- tinunall obligation, and preserve us from inconvenieney and difficulty of purchasing land and settling other Collonys as hitherto we have been forced to do. And not only so, but be a means to keep out those vagrant, straggling, disloyal and disaffect- ed persons that have attempted there to reside, to the dishonor of God and our Sovereign the King, and a disgrace to the members of this Collony in general. All which in submission, is humbly conceived.
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1685.
Your petitioners, alias addressers, do therefore humbly pray your honors would be pleased to take the premises into your serious, candid and speedy consideration, in order to the answering our humble request ; and to order a Committee to inspect into said lands, and that loyal and well-affected persons may be appointed in every town of this Collony to take cognizance, who are desirous and fit for present setlle- ment, and to present their names to your Ilonors for your approbation, in order for their admittance on such terms and in such a manner as your Honors shall best ap- prove of: or else some other prudent method or way, as your Honors in your wis- dom shall see meet.
We humbly craving your Honors' favor herein, in answering this our humble request, which will oblige your petitioners, alias addressers, beyond expression, your Honor and the Collony to serve. And as in duty bound, pray for the pros- perity of both, so long as we remain.
Subscribed in behalf of ourselves and the rest of the freemen and free born inhab- itants of his Majestie's English Collony of Rhode Island and Providence Planta- tions.
WM. HOPKINS, JOIIN WARNER, JAMES GREENE, Jun'r, HENRY LILLY.
The petition granted, and the Committee chosen and appointed, was done and effected at the sitting of that Assembly, as we have information.
(Signed.) JOHN FONES.
[October 28, 1685.]
[Several claimants sprung up at this time for the lands in the Narragansett coun- try, who memorialized the King in relation to the same. One petition was from Thomas, Lord Culpepper, Richard Wharton, Thomas Dean and William Wharton, for themselves and others. They assert their " claim to be by purchase from the Indyans, and by other legal means." The other from James, Earl of Arran, son and heir of William, Duke of Hamilton, who based his elaim upon a grant from James the First to his grandfather. The latter claimed from the mouth of the Con- neetient river sixty miles, " and so up the westward arm of the river, unto the land north westward, till sixty miles be finished ; and so to eross south-west-ward till sixty miles ; all which part and portion of lands were to be called by the name of the country of New Cambridge, now the Narragansett country and King's Province, with severall other lands and privileges," &e. These petitions were, by his Majesty in Council, referred to the Lords Commissioners for Trade and Plantations.
There appears to have been no final action upon Lord Culpepper's petition until April 10, 1688, when the Lords Commissioners reported to the King on the same. By this, it appears Lord Culpepper and his associates petitioned a second time in January, 1688, and that Sir Edmund Andros had made some report " touching the claims of the petitioners." The Commissioners now recommend to his Majesty to signify to Sir Edmund Andros to the effect " that the said partners [Lord Culpep- per, Richard Wharton, Thomas Brinley and others] have an equitable pretension to our favor preferable to others, in receiving grants of the said country or part thereof'; and we do hereby direct and require you to cause to be made out to the said partners, Patents and Grants of said parts of the said Narragansett country or King's Province, as others of our subjects are not possessed of ; and that all due encouragement be given them and others employed by them, in settling and im-
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1685.]
proving the same under the quit rent of two shillings and sixpence, payable unto us for every hundred acres of land so to be taken, pursuant to our instructions. Pro- vided the said grants or any part of them, be not prejudicial to our service, or the right of any of our subjects, whose titles and pretensions to the said tract of land or any part thereof, we do hereby refer unto your further examination, willing and requiring you to return unto us your opinion in all matters wherein any difference or dispute shall arise, relating to the said Narragansett country, or concerning the further improvement thereof, which you shall not be able to determine the place, together with such a map or survey of the said country, that we may give further order touching the same," etc., etc.]-J. Carter Brown's Ms., Vol. IV. Nos. 190, 191, 192, 193. Ibid. Vol II. No. 13.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 4th of May, 1686.
Mr. Henry Bull, Governor. Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. John Easton, Maj. John Coggeshall,
Mr. Caleb Carr, Capt'n Arthur Fenner, Mr. Joseph Jencks,
Mr. Richard Arnold,
Major John Albro,
Mr. George Lawton,
Major John Greene,
Mr. Johnt Potter.
DEPUTIES.
For Newport. Mr. James Barker, Sen'r, Mr. Thomas Ward, Mr. Benedict Arnold, Mr. Edward Thurston, Mr. John Woodman. Mr. Nathaniell Coddington.
For Providence. Mr. Vallentine Whitman,
Mr. John Whipple, Mr. Epenetus Olney. Mr. John Angell.
For Portsmouth. Mr. William Wodell, Mr. John Coggeshall. Mr. Peleg Tripp, Mr. Robert Hodgson.
186
RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
DEPUTIES.
For Warwick. Mr. Randall Howldon,
Mr. James Greene, Sen'r,
Capt'n Benjamin Gorton,
Mr. Samuell Stafford. For Westerly. Mr. Jeffrey Champlin,
Mr. John Maxon. For East Greenwich.
John Sanford,
Mr. Thomas Nicolls. For James Torne.
Mr. Josiah Arnold, Mr. Joseph Moric.
Voted, Richard Evans, a freeman of the town of Newport, on his request, is admitted a freeman of this Collony.
Voted, Daniell Fish, Thomas Townsend. William Wodell, Jun'r, Thomas Potter, Stephen Cornell, Nathaniell Potter, Jun'r, and Robert Fish, being freemen of the town of Ports- mouth. are admitted freemen of this Collony.
Voted, This Assembly is dissolved.
At the Generall Assembly and Election held ut Newport, the 5th of May, 1686.
The Assembly consisted of the above written Governor, Deputy Governor, Assistants and Deputys.
Mr. Walter Clarke, Deputy Governor, chosen Moderator.
John Sanford. Recorder, chosen Clerke.
The Charter openly read.
Voted, That the same persons at the Assembly of Election in May last. and the same method, care and order that was by the said Assembly taken concerning the Election, he now again by them duly observed, and that the Election forthwith proceed.
By the Election was chosen the following, who were sever- ally engaged.
GOVERNOR. Mr. Walter Clarke. Major John Coggeshall.
DEPUTY GOVERNOR.
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1686.]
ASSISTANTS.
. Mr. John Easton, Mr. Walter Newberry, Mr. Edward Thurston, Capt'n Arthur Fenner, Mr. Joseph Jeneks, Mr. Richard Arnold, John Cogge-hall, Mr. George Lawton. Major John Greene. Mr. Samuel Stafford. RECORDER. John Sanford.
GENERAL SERGEANT. Mr. Edmund Calverly. GENERAL TREASURER. Mr. John Woodman. GENERAL ATTORNEY.
Mr. John Williams. MAJOR FOR THE ISLAND.
Major Roger Goukling. MAJOR FOR THE MAINE. Major John Greene.
Me Edward Thurston and Me. Joseph Joucks. Assistants, Mr. James Barker. Mr. Robert Hodgson and the Recorder are chosen a Committee to go to our late Honored Gov'T, Heury Bull, Esfr. and of him demand the Charter, and all other papers, books and parchments in his custody to this Collony belong- ing, and they are empowered on this Assembly's behalf to give our said late Governor a full discharge for what they receive, and they are to return the same to this Assembly.
Vated. The Deputy Governor, Mr. Jale Coggeshall, Major Polog Sanford. and Me. Thomas Ward. are chosen and appoint- ed. they or the major part of them, a Committee to audit the latte Goverall Treesaver, Mr. Weston Clarke's accounts concern- ing this Colony and of him receive the books, accounts and effects to this Colony belonging. and on the behalf of this Col- lony. give the said late Treasurer a full discharge for what is received, and return the same to the now late Treasurer. Mr. John Woodman, and render an account of their proceeds herein unto the next sitting of this Assembly ; and they are to hold their first meeting on the 10th of this instant month. May, and as they see cause adjourn untill the matter be finished within the time aforesaid. And are to be allowed out of the Generall Treasury each person the sum of two shillings, six pence a day, for their travell and trouble therein.
1SS
RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
Voted, This Assembly having desired the late Deputy Gov'r, now our Honored Governor, that according to former order and practice of this Collony, the duplicate of his Majesty's gracious Charter be brought to this Assembly and delivered to our pres- ent Deputy Governor, to which our Honored Governor con- sented; and the duplicate sent for, and safely in folio and seal, under the yellow wax, no ways defaced hath been received, and the same is commited to the care and keeping of our Deputy Governor, Major John Coggeshall, for which our present Gov- ernor is discharged thereof.
Voted, Whereas there are sundry orders and acts heretofore made, ordained and enacted in this Collony, concerning cus- toms, and selling of rum and other strong waters, and of sundry sorts of drink, to the English ; and also concerning the selling of ammunition, and guns to Indians ; and keeping public houses of entertainment : and the Assembly having debated and considered that the use and benefit of the said orders and acts are terminated and ended :
Be it ordained by this Assembly and the authority thereof, That all and every order and orders, act and acts, heretofore made concerning customs and impositions appointed to be levied and paid for, or upon importing of rum, brandy, wine, and other strong waters, and other sorts of strong drink, and all and sin- gular the fines or forfeitures thereupon, are remitted and dis- charged. And all and every order and orders, act or acts, heretofore made concerning the selling of guns, powder and shot or ammunition, to Indian or Indians, and all and every or- der or orders, act or acts, made concerning keeping of publiek honses of entertainment are repealed and made void. Except two orders or acts made concerning keeping ordinaries or tippling houses, made, ordained and enacted in a Generall Assembly, held in Newport, May 7th, 1673, and May 4th, in the year 1680 ; any clause or clauses in any orders, act or acts to the contrary hereof, notwithstanding.
Voted, The Assembly taking into serious consideration to have the laws of this Collony composed, extracted, altered, amended, and drawn up into a better method and form ; and
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for that end and purpose this Assembly have chosen and depnted as a Committee to offert the same, Major Peleg Sanford, Mr. Thomas Ward, and Mr. John Williams, or major part of them. And that the Recorder is desired if he can, to be helpful to them. But nevertheless, and it is ordered, the books shall be left for their use aforesaid, in Major Peleg San- ford's hands by the Recorder, at such times as he cannot be present with them, and that the said Committee are hereby empowered to appoint their time of meeting. And the major part, or so many as shall be present, to make their return to this Assembly, at their next sessions upon adjournment, for ap- probation : and that they shall be satisfied for their pains.
Voted, As an addition and for the reviving the laws for the true performance of gathering rates.
It is enacted by this Assembly and by the authority thereof, That with respect to the late levie or levies, that was made at the Generall Assembly, held at Warwick, in October, 1684, or else before in this Collony ; that all Sergeants and Constables that have been negligent therein, be called to account by the Generall Treasurer, and do surrender to the Generall Treasurer as well as to others, the effects that the Generall Assembly have ordered to be delivered to each person, concerned in said order or orders.
And in case there hath been any neglect in sending forth warrants or calling for them, It is hereby ordered, that war- rants may and shall be sent forth by the Governor, Deputy Governor, Assistant or Assistants, Conservator or Conservators of each town and place in this Collony, to the now or succeeding Constables, to gather and deliver the same accord- ingly. as if it had been seized and delivered at the former times prescribed.
Voted, That this order be forthwith published by the Re- corder, under the seal of the Collony, and this to be done at the Court House, this instant 8th of May, and a drum to be beaten for the signifying thereof.
Voted. This Assembly on serious consideration, see cause to adjourn untill Tuesday, the 29th of June, now next ensueing,
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
and then to assemble at the now dwelling house of John Davis, in Newport ; only, if there do present occasion, then by war- rant from our Honored Governor, or in his absence, or by his leave. the Deputy Governor, the Assembly to convene sooner.
June 29th. According to the aforesaid adjournment, the Assembly sat.
Whereas. Mr. Samuel Stafford, chosen an Assistant. having positively refused to engage, this Assembly do elect Mr. Benj. Smith in his room.
Mr. Benjamin Smith. chosen Assistant.
Voted. Whereas, we have received from our gracious Majes ty, by the hand of Edward Randolph. Boy. a writ of Ono War- ranto. bearing date October the 6th. 1685, and received the 22d of June, 1686 # and upon the receipt there of our Honored Cov- ernor having ordered notice to be given to all the free inhabit- ants. especially to those of the chief towns in this Colony; that they would be pleased to make their appearance either in per- son or in writing, at the sitting of this Assembly, which was to convene the 20th of this fastand Jane and in submission to the said notice given, many of the freemon of the said towns did meet and give in their julgavats to the Assembly, and then left the further proceeding concerning the premises to the ju- dicious determination of the Assembly.
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