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 2
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
It is ordered by this Court and the authority thereof, That all persons whatsoever, that layeth any elaime unto any lands in the Narragansett, Coessett, &c., by purchase or otherwise, from the natives, are to bring in their severall deeds of sale, gift or other instruments by which they claim their title, unto the Generall Assembly, there to be confirmed or disallowed of, that soc the lands now lyeth as waste and unimproved, may be settled in a peaceable, orderly way and manner, by the order of the Generall Assembly, and not to be entered upon by any person or persons whatsoever, untill further order given from this Assembly.
And voted, That Capt'n Peleg Sanford, and Mr. Benjamin Speere are chosen and empowered by this Assembly to be sur- vayers of the lands in the Narragansett, &c., by this Assembly afore-appointed to be survayed ; and that the charges and sat- isfaction to the said survayers and help therein shall be borne and paid by the Collony.
And further ordered, That the Deputy Governor, Mr. James Barker, Assistant, Capt'n Samuell Wilbore and Capt'n Joh Al- bro, Assistants, Mr. Caleb Carr, and Mr. Thomas Ward, are em- powered by this Assembly to agree with the said survayers for what they shall have for their service, and the time when, and what they doe therein shall be as authentick, as if done by this Assembly.
Voted, Whereas, there was very lately in the towne of New- port, on Rhode Island, very great hurt done to a small childe, by reason of exceeding fast and hard ridinge of horses in said towne, this Assembly takeing the aforesaid matter into their searious consideration, and being desirons for the future to prevent the like mischief, doe ordaine. and enact and declare, and by the au-
13
AND PROVIDENCE PLANTATIONS.
1678.]
thority thereof be it ordained, enacted and declared, That from and after the publication hereof, if any person or persons shall presume to ride on either horse, mare or gelding, a gallup, or to runn speed in any of the streets or highways, of the said towne of Newport, between the house that lately John Horndall lived in, and the house where Thomas Clifton liveth, shall for his said offence pay or cause to be paid unto the Treasurer of the said towne five shillings in money on demand ; two shillings of which said five shillings shall by the said Treasurer be paid to give any person or persons, that shall give information thereof, and the other three shillings to remaine for the use of the said towne.
And further it is enacted and declared by the authority afore- said, That if any person or persons offending as aforesaid, shall neglect to pay the five shillings to the said towne Treasurer, on demand as aforesaid, that then any one Magistrate in this Collony, is upon complaint to him made, hereby empowered and required to grant forth warrant to the Sergeant of the towne of Newport, aforesaid, to take by distrainte the said five shillings, together with two shillings for his service therein, and to make returne of the five shillings by him distrayned, to the said towne Treasurer.
Voted, The accounts presented by part of the Generall Au- ditt, haveinge been scariously debated and considered, are owned, and the sum therein mentioned, which is four hundred and thirty seven-pounds, three shillings and tenn pence, to be the Collony's just debt and due to pay.
Voted, To be Conservators of the Peace, in the King's Prov_ ince, for Westerly, Tohigh Sanders, and John Badcock. For Pettacomseutt, Mr. Jiren Ball, and Mr. Samael. WEson. For Kings Towne, Mr. Thomas Gould, engaged, and Mr. John Greene, engaged. For East Greenwich, Mr. John Spencer, en- gaged ; Henry Tibbitts, and John Mackandrew, are appointed Constables.
And ordered. That the Recorder shall give forth commis- sions to the said engaged Conservators, under the seale of the Collony.
Voted. This Assembly takeing into consideration the laws made in the yeare 1647, and the yeare 1674. concerninge the
,
14
RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
orderinge the estates of persons dying intestate, or the execu- tor or executors refusing to administer; and in the aforesaid laws the towne Councill or the major part of them are em- powered to make an Executor, which said word being an im- proper tearme to be used in that case, this Assembly doc therefore ordaine and enact, That in the roome and place of the word Executor, there shall be placed the word Administra- tor; it being in that case the more proper and usuall tearme in the law.
Voted, This Assembly takinge into consideration the many and frequent misbehaviours committed in this jurisdiction to- wards his Majesty's officers in the due and lawfull execution of their said offices, and the former laws made in this Collony being very short, and not fully declareing what shall be ac- counted misbehaviour, this Assembly doe therefore order, enact and declare, That where the law of this Collony doth not fully declare what misbehaviour is towards his Majesty's officers, in this Collony in the due execution of their said offices, that every person soc offending, shall be judged by the laws of England in such case made and provided.
Voted, Whereas, there hath been a petition presented to this Assembly by John Pebody and Mary Pebody, late wife to the deceased James Rogers (Generall Seargeant,) concerninge the accounts that have been betweene the Collony and the said deceased (Generall Sergeant) James Rogers, which said ac- counts have been dilligently examined by the late Generall Auditt, whoe have declared that they find the accounts soc imperfeet, that they could neither allow nor disallow the same. And forasmuch, as there doth appeare such difficulties and doubts in the said accounts, and to prevent further trouble thereabouts, this Assembly, with the free consent of the said petitioners, doe agree and determine that there shall be and is hereby and equall, eleer ballance of all the aforesaid accounts between this Collony and the said James Rogers ; and that by this act there is a full and fynall issue of all differences relat- ing to the said accounts from the beginnings of the world unto this present Assembly.
15
AND PROVIDENCE PLANTATIONS.
1678.]
Voted, Whereas, there is a clause in the Major's commission, restricting said Major to the advice of the Councills of each respective towne : this Assembly upon consideration thereof, doe see cause to make the said clause null and voyd ; and that for the future, the said clause shall be wholly left out in the Major's commission, and the Major for the future not to be any wise obliged thereby, but to be wholly cleer thereof, as if the said clause had not therein been inserted.
And further it is enacted, That if the Major see cause to as- semble the severall Companys together in armes, in military exercise, or soe many of the severall Companys as the Ma- jor shall cause to call and command together once or twice in the yeare, and oftener if urgent occasion present ; the re- spective Companys by the Major soe called, shall dilligently attend his commands therein. And every listed souldjer in the said Companys by the Major's warrants required to ap- peare, and not accordingly attendinge, shall be lyable to the like penaltys and forfeitures, as are by the law provided and injoyned on all those that appeare not or attend not on the . severall training days by law appointed for the severall respec- tive days yearly.
And alsoe it is ordered, That the authority placed in the former laws and commissions relatinge to the military commanders, wherein the Towne Couneills have power to erder them, the said clauses and power therein given to cach respective Towne Councill, is alsoe hereby made null and voyd: and the severall military commanders are not longer to have their commissions under that injunction of observeing the advice and orders of the Conneills of each respective towne ; but shall be only injoyned to the Generall Assemblys, the Governor, or Deputy Governor, or Generall Councill's orders.
Voted, It is ordered and enacted by this present Assembly, That all the estate of John Carr, of what nature soever, shall be seizable or lyable to be seized to answer the judg- ment and sentence of the last Generall Court of Tryalls, held in May last. to answer the cost and charge relateing to
:
16
RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
the same, according to the sentence of the said Court; as alsoe the said Assembly doe give full and ample power to any two Magistrates to dispose of the body of the said Carr as a servant, to be transported to some other place or country, or otherwise as the said Magistrates shall think meet, till the said Carr shall serve as an absolute servant, till all manner of cost and charges shall be defrayed by the produce thereof, as relateing to the sentence and judgment of the said Court of Tryalls, and all other charges thereon depending ; and that the said Carr shall remaine in safe custody of prison according to the former sentence, till the performance of what is above declared. And that if he the said Carr, be found within the limitts of this Collony after the said Magistrates have acted as according to the power be- fore given, the former sentence of the said Court of Tryalls shall stand good in all respects according to the true intent and meaning thereof.
Voted, Josiah Helling, and Joseph Billing, both freemen of the towne of Now Shorcham, are admitted freomen of this Collony.
Voted, That the letter sent from Major Talcott, to our Hon- ored Deputy Governor, shall be answered in the name and be- halfe of the Assembly, by the Recorder.
Voted, That the Recorder shall have three pounds, tenn shillings in money, or equivalent, for copys of this Court or- ders, to be paid by the towne of Newport; one pound, five shillings, by the towne of Portsmouth; one pound by the townes of Providence, Warwick, and New Shoreham, each of them eight shillings, four pence.
And voted, That the orders of this Assembly shall be soc copyed out and delivered on the 25th day of this instant, to the Towne Clerke, that they shall be published in the towne of Newport, on the 20th of this instant June, there to be pub- lished by the order of a Magistrate. And the other copys to be delivered soe that in each towne they may be published within thirty days of the adjournment of this Assembly.
Voted. This Assembly is adjourned until the Jast Wednes-
17
AND PROVIDENCE PLANTATIONS.
1678.]
day in August next, or untill the Governor or Deputy Gov- ernor shall see cause to conveane the same.
Voted, Upon the petition of Margaret Smith. her former sen- tence of beinge incapable of giveing in evidence in any case, and thereby stands as a perjured person, is remitted. null and voyd.
Voted, Upon the petition of John Pearce Mason, that he may be dismissed of the Court's grant to him for lands at East Greenwich, and that Henry Mathewson may be accepted in his roome, the said petition is granted, and the said Mathewson is accepted in the roome of said John Pearce, he the said Mathew- son performinge the Assembly's former injunctions concearnings the said lands.
Voted, Upon the petition of Mr. Thomas Greene, John Tooly, William Foster, Peter Wells, and John Sheldon, to be accommodated with lands as East Greenwich men are, their pe- tions are granted, and they are to be accommodated in the next division of the ten thousand acres formerly granted, on the same conditions others are. 1
August 28th.
At the re-meeting of the Assembly the 28th of August, 1778, accordinge to the aforesaid adjournment.
Voted, Whereas, our late Governor, Benedict Arnold. is de- ceased, this Assembly doe forthwith proceed to the election of a Governor in his roome or place.
Mr. William Coddington, chosen Governor and engaged in the Assembly.
Voted. That some persons be sent from this Assembly unto Mrs. Arnold, widow to the deceased Governor Arnold, and from her demand and receive his Majesty's Charter of this Col- lony, and all other parchments and writeings that were in the said deceased Governor's enstody, belonginge to this Collony, and returne what they soe receive unto this Assembly, and to give the said Mrs. Arnold, in the name of this Assembly, a full discharge for what they receive.
The persons appointed and empowered are. Capt'n Peleg San- ford, Mr. John Whipple, Capt'n John Albro, Capt'n Samuell Gorton, Assistants ; and John Sanford.
VOL. III. 2
18
RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
Voted. That the returne of the Committee sent to Mrs. Ar- nold, be entered on record, it being a copy of their receipt given to her, and they haveing returned the particulars therein mentioned.
Voted, There was a printed paper, entitled an advertise- ment, subscribed by Simon Bradstreet, John Saffin, and Elisha Hutchinson, dated in Boston, the 30th of July, 1678, stileing themselves a Committee, to act in behalfe of certaine gentle- men of New England, in the disposition of the lands of Narra- gansett and Niantick countrys ; by them untruly declared to be under the government and jurisdiction of the Collony of Connee- ticut. nothwithstandinge his Majesty's grant of the said lands is not unknowne unto the said persons, to be given and granted un- to the free inhabitants of his Collony of Rhode Island and Provi- dence Plantations, which said paper was by said John Saffin sett up in the towne of Newport, whoe forthwith fled off the Island from the hands of justice, &c.
These are therefore to signify, publish and declare, unto all persons whatsoever, and to prevent the trouble and damage. wrongs and injuries that hereafter may happen and befall unto
* AN ADVERTISEMENT.
Whereas, the lands of Narragansett, and Niantiek countryes, and parts adjacent, are places very pleasant and fertile, fit and commodious for Plantation, and several townships : the true and legal right whereof belongs to certain gentlemen in New England (the most part of them dwelling within the Colony of the Massachusetts), by purchase from the chief Sachims, that were sole proprietors of the same; and was since allowed and approved by the Honoured Commisioners, of the United Colo- nies, and recorded in the Book of Records for the Colony of Connectieot, under which government and jurisdiction the land aforesaid lyeth.
These are therefore to certifie and inform all Christian people, that are willing, er may be desirous to settle themselves in a regular way of townships on the said lands, that they may please to apply themselves to the subscribers hereof in Boston, who are by the said gentlemen, the proprietors, chosen and appointed a Committee to act in any of their concerns touching the premises ; with whom all such persons may treat and agree on very easie and reasonable terms .- (J. Carter Brown's Mss., Vol. II. No. 119.)
SIMON BRADSTREET, JOHN SAFFIN, ELISHA HUTCHINSON.
Dated in Boston. the 5th of July, 1678.
1!
1678.]
AND PROVIDENCE PLANTATIONS.
thein or any of them, that shall be induced by their falacious claimes of title and government to enter thereon, that the gov- ernment and disposition of the said lands is in truth belonging unto his Majesty's Collony of Rhode Island and Providence Plantations : and that they are in actuall possession of the same. Aud doe therefore in his Majesty's name, forewarne. prohibitt and forbid, all persons whatsoever and under what pretence soever, to enter into or take possession of any the said lands, without the approbation, leave and authority of the Gen- erall Assembly of this Collony.
Butt that they, or any of them soe docing, shall be taken and deemed as intruders, mollesters and disquieters of the peace of his Majesty's subjects in this Collony, and shall be dealt with- all, and prossieuted accordingly.
Voted, That the Clerke of this Assembly is to subscribe to this act afore-written, in the behalfe and order of the Assembly, and forthwith to send two copys of them unto any one Assist- ant of each of the townes of Newport, Providence, Portsmouth, and Warwick, and two for Westerly, two for Greenwich and Kings Towne, and one for Pettacomscutt, to be sent to any As- sistant belonging to Newport, to be sent to the places above- said ; to be publickly sett up at such place or places as the Assistant. and Conservators of the respective townes shall judge most meet and convenient.
Voted. That the Recorder doe forthwith draw out one copy of the aforesaid act, that it may this day, August the 30th, by beat of drum be published in the towne of Newport.
Voted, Whereas, a petition hath been presented to this As- sembly, signed by Nathaniell Colson, said to be in behalfo of Miles Forster, bearing date the 4th month, called June, 1678, concerning the action that hath been legally tryed at two Gen- erall Courts of Tryalls, betweene Capt'n Peleg Sanford, plain- tiff, and said Miles Forster, defendant. This Assembly con- ceive that it doth not properly belong to them or anywise within their recognizance to judge or to reverse any sentence or judgment passed by the Generall Court of Tryalls accord-
20
RECORDS OF THE COLONY OF RHODE ISLAND, [1678. ing to law, except capitall or criminall cases, or mulet, or fines.
Voted, Whereas Mr. William Brinley, empowered Commissa- ry, hath petitioned this Assembly to take out of his custody the remaining part of the powder belonging to this Collony in his custody.
This Assembly doe desire and empower the Deputy Gov- ernor and Capt'n Peleg Sanford, to receive the said powder, and to the best of their discretion secure the same; and alsoe to auditt the said Commissary's accounts, and returne the account forthwith to the next Generall Assembly. Butt upon urgent occasion, the said Deputy Governor and Capt'n Peleg Sanford have power to make use of the said powder, or any part thereof. And they are empowered to give the said Mr. William Brinley a full discharge.
Voted, That the acts and orders of this Assembly this last adjournment, shall be copied ont, and given under the scale of the Collony by the Recorder, by the last day of September next, for the townes of Newport, Providence, Portsmouth and Warwick ; and shall have for those copys and the severall copys to be sett up at the severall townes, the sum of fifty shil- lings in money, or equivalent. The towne of Newport to pay twenty-two shillings ; the towne of Portsmouth thirteen shil- lings; the townes of Providence and Warwick, cach seven shillings, six pence.
Voted, This Assembly is dissolved, August 31, 1678.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations al Newport, the 30th duy of October, 1678.
Major John Cranston, Deputy Governor, chosen Moderator. John Sanford, Recorder, chosen Clerke of the Assembly.
21
AND PROVIDENCE PLANTATIONS.
1678.]
Voted, This Assembly is adjourned till Monday, the 4th of of November next.
November the 4th.
The Assembly called and satt.
Voted, That the petition of Mr. Caleb Carr and Mr. Francis Brinley, on the behalfe of themselves and the proprietors, for Qnononoqutt Island to be made a towneship, shall be first adje- tated and debated.
Voted, That the said petition is granted ; and that the said Quononoqutt shall be a towneship, with the like priviledges and libertyes granted to New Shoreham.
Voted, This Assembly is adjourned untill Friday, the Sth instant, one of the clock, after noone.
November the Sth.
The Assembly called and satt.
Voted, That the matter concerning raising moneys for the payment of the Collony's debts, shall be first adjetated and determined.
Voted, This Assembly haveing taken into their serious con- sideration the great necessity for the raisinge of moneys for the paying and defrayeing of the Collony's debts, it is therefore by this Court and the authority thereof, ordered, enacted and declared, That a levie, tax or rate, to the vallue of .€300 sterling. shall be assessed on the freemen and inhabitants of this Collony. as followeth, that is to say : either in money or in provisions, good and merchantable at the money price : Newport, £136; Provi- dence, tenn pounds ; Portsmonth, sixty-eight pounds : War- wick, eight pounds ; Westerly, forty shillings ; New Shore- ham, twenty-nine pounds ; Kingstowne, sixteene pounds; East Greenwich, forty shillings ; Jamestowne, twenty-nine pounds : that is to say, one half of what each the last eight respective townes are assessed, is to be paid to the Generall Treasurer, at his house, in Newport, in moneys or provisions at money prices. on or before the last day of March ; and the other half to be paid in money and species, as afore expressed, before the last day of November following, 1679.
: .
:
22
RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
And if any person shall refuse or neglect to pay his or her or their rate, that he, her or they shall be assessed by the free- men of the respective townes aforenamed, within the time or times afore in this act limitted and mentioned, the same shall be taken from him, her or them, to be distrained by virtue of warrant from the Governor or Deputy Governor, or any one Assistant or Warden, or Conservator of the Peace, belonging unto any the respective townes aforenamed, to the Generall Sergeant, or his Deputy, in the respective townes aforesaid, who are to returne the same unto the Generall Treasurer, in Newport, aforesaid ; and for his or their service therein, to dis- traine for their fees.
And it is further enacted by this Court and the authority thereof, That the Governor, Deputy Governor, or any one As- sistant, Warden, or Conservator of the Peace, is hereby or- dered within their respective townes, to call the freemen of the said townes together, and require them to make or else to choose freemen of the said townes to make an equall rate ac- cording to their best understanding amongst the freemen and and inhabitants of cach respective towne, accordinge to each respective towne's assessment. The rate to be paid in the sey- erali species following, or in money, &c .: good merchantable pork, at two penec per pound, fresh or in barrills, good and merchantable, well packed, fifty shillings. Good merchantable beefe, at twelve shillings per hundred, fresh or in barrill, good and merchantable, well re-packed, thirty shillings ; pease, at two shillings, sixpence per bushell; Indian corne, at two shil- lings per bushell ; barley, at two shillings per bushell ; good barley mault, at two shillings, sixpence per bushell ; sheeps' wooll well washed, good and merchantable, at sixpence per pound ; good butter in the firkin, good and merchantable, at five pence the pound.
Voted. Whereas in October Court, 1676, Mr. Phillip Smith, and Mr. Richard Bailey, Executors to Mr. John Clarke's estate, deceased, petitioned to said Court demanding a hundred pound, currant money of England; that Court considering of the said demaud, and the severall transactions of some Assemblys not
23
AND PROVIDENCE PLANTATIONS.
1678.]
agreeing with the said demand, nor according to other payments. did then deliberate to inquire into accounts between the said Mr. John Clarke and this Collony, and appointed Mr. John Easton, Mr. William Wodell, Mr. Caleb Carr, and the Recorder, to examine the accounts of said Executors ; and whereas as not !!- ing has been as yett done in the premises, this Assembly doc suspend the payment of the demand by said Executors. and dee order the first three men mentioned, with the present Recorder. John Sanford, with Mr. Francis Brinley, and Mr. John Cogges- hall, whoe is added, they or the major part of them to examine the accounts of said executors, compareing them with the form- er transactions of Assemblys and payments, and bringe in what they finde, to the Assembly in May next.
Voted, This Court haveing taken into consideration the debate that is and lyeth between the two townes of Newport and Ports- mouth, concerning severall Indians that were brought in. and that voluntarily came in themselves unto the respective townes aforesaid, in the time of the late Indian warr, and being chief- ly desirous to maintaine, uphold and preserve peace, love and amity, and for the prevention of all future differences and dis- cord that might arise, grow and be betwixt the aforesaid townes relateing to the said Indians ;
It is ordered by this Court and the authority thereof. That all the Indians that were either brought over or of themselves came volluntarily into any part or place belonging uito the towneship of Newport, the profitt and produce of them or the Indians themselves, if not disposed of according to the Councill's order, 24th July, 1676, shall only be for, and revert unto the use, benefitt and behoofe of the towne of Newport ; and that all Indians that were either brought over, or of themselves came
Iluntarily into any part or place belonginge unto the towne- ship of Portsmouth, the profitt and produce of them shall only be for and revert unto the use, benefitt and behoofe of the said towne of Portsmouth, for the defraying of their charge of the late Indian warr.
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.