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 23
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GRAND JURY SWORN.
Phillip Smith, Foreman. John Wood, John Greene, Samuel Gorton, Nicholas Carr, Ephraim Moss, Daniel Lawton, Benjamin Shearman, George Whitman, Thomas Mumford, Rouse Helmes, John Maxon, Samuel Winsor, William Cory.
Upon the request of the Overseers of the Poor, of Newport, in what way they should raise maintenance for the poor,
It is ordered, That the Overseer of the Poor of cach town within this Province or County, shall have power to make and assess a rate or levy on all and every the estates of the inhab- itants and others within their townships, according to the cus- tom of England, for the relief of the poor of each of their re- spective towns.
John Whipple and William Turpin, both of Providence, are forbidden selling of any sort of strong drink by retail, by his Majesty's Justices of the Peace, sitting in Generall Quarter Sessions, at Rochester, September the 14th, 1687, except they or either of them, shall appear before two of his Majesty's Jus- tices and give bond according to law.
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At a Generall Quarter Sessions and Inferior Court of Common Pleas, holden in his Majesty's name at Newport, for Rhode Is- lund, King's Province, de., the 13th day of December, 1687.
JUSTICES PRESENT. FRANCIS BRINLEY, Chairman and Judge. Lient. Col. PELEG SANFORD, Capt'n JOHN FONES, CALEB CARR, Sen'r, JOHN COGGESHALL.
GRAND JURY.
Capt'n Benjamin Gorton, Foreman. Capt'n James Barker, Henry Bull, Jun'r, Henry Tibbetts, Seu'r, Henry Hall, James Badcock, Sen's, James Blackmore, Abiah Carpenter, Thomas Brookes, Charles Tillinghast, Robert Carr, George Cooke, Ste- phen Braiton.
William Allen, Thomas Cornell, John Albro, Jun'r, Jonathan Sprague, John Hawkins, all being returned by the Sheriff; to serve on the Grand Jury, and they refusing to take the oath in Court, when called thereunto, they and every of them, are for their said offences, sentenced to pay a fine of six shillings, and eight pence, in or as money, for each person.
Ordered, That all cord wood, put to sale in the town of New- port, on Rhode Island, shall be corded, except the parties con- cerned shall otherwise agree, and that the Justices of the Peace, living in the said town of Newport, or the major part of them, shall have power from time to time, to appoint a fit per- son to be a corder of wood in the said town, and the person by them appointed, shall be sworn to the true performance of his office, when called thereunto ; and to be allowed for his services four pence a cord.
For preventing damage by fire, it is ordered, that if any chimney in any street or other parts of the town of Newport, on VOL. HIG, 18
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Rhode Island, between the places commonly called and known by the name of the Pound, and the lands late the lands of Thomas Clifton, deceased, shall be foul and take fire and burn above the funnel, that the person using the said chimney shall forfeit for each time two shillings, six pence, in or as money.
And also it is further ordered, that every owner of a house or houses, in the said parts of the said town, shall provide for every dwelling house a ladder to stand against cach the said houses, that shall reach up to or near the ridge of the said house, within nine months after the end of this Sessions, or pay a fine of five shillings for his or her default.
Upon the request of the Overseers of the Poor, of the town of Newport, it is ordered, that Lieut. Col. Peleg Sanford, and Thomas Ward, are added unto them, to help them in making a rate on the estates of the inhabitants, and others within the said township, for the relief of the poor of the said town of Newport.
December 14th.
Hannah Clarke, of Jamestown, widow, having in Court con- fessed that the male child in her arms was a bastard child, born of her body, on the 28th of August, last; for which fact of hers, the Court do sentence the said Hannah to be well whipped ten stripes, on her naked back, in the open street, in the town of Newport, or pay a fine of twenty shillings, in or as money.
This Court being informed that William Palmer and Daniel Mackinces, both of Rochester, vietuallers, have misbehaved themselves, and otherwise not being fitly qualified for that em- ployment, this Court do order, that the said William Palmer and Daniel Mackinces be suspended from keeping victualling houses, or selling ale, beer, cider, or any other strong drink, by retail, on penalty by law prescribed.
Samuel Stapleton and Christopher Hargall, both of Newport, being sent for, appeared in Court, and the reason demanded of them why they kept not their shops shut on the First day of this instant December ; it being a day set apart by his Excellency,
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the Governor and Council, for thanksgiving and praise to God.
Samuel Stapleton's answer was, that he was above the obser- vation of days and times.
Christopher Hargall's answer was, that his boy opened the shop, and what work his son did, was on his own account ; and that he was lame, or else he did not know but that himself might have wrought.
Ordered, That the Constable or Constables, or major part of them, in such the respective towns in this Province, being as- sisted with one or more Justices of the Peace, shall have power to appoint such and so many meet persons to be Surveyors of Highways, as by them shall be judged convenient, to take care for the repairing the ways in their respective townships ; which said Surveyors are to be appointed in each town on or before the last Tuesday in February next ; which said Survey- ors are to attend their said service on penalty by law ap- pointed.
William Turpin, of Providence, Victualler, not appearing in Sessions, according to his Excellency's order, for the taking of a license, it is ordered, that the said William Turpin be sus- pended from keeping a Victualling House, or selling ale, beer, liquor or other strong drink by retail, on penalty by law pro- vided.
Ordered, That the Clerk to the Constables of Providence, do acquaint the said Wm. Turpin, of the aforesaid written order, and if he submit not, to make presentment in the case accord- ing to law.
Ordered, That if any person or persons shall entertain James Herbert in their dwelling house, or other place, day or night, except the persons who have him in keeping, or sell or give any sort of strong drink, ale, beer or cider, to the said James Herbert, shall for every his or her so doing, pay a fine of five shillings, in or as money.
Ordered, That there be a rate of one hundred and sixty pounds levied and raised on the several towns and places in this Province or County, for and towards the building of a
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Court House in each of the towns of Newport and Rochester ; and repairing the Prison in Newport, and paying of debts lately contracted within this Province or County, and to be paid unto the Treasurer of this Province or County, on or be- fore the 1st day of July, next ensuing, in the species herein- after named : that is to say, in money or sheep's wool, at seven pence half penny a pound ; butter made in the spring, at four pence half penny a pound ; Indian corn at twenty pence the bushel ; rye at two shillings, sixpence a bushel; pork at forty- two shillings a barrel ; all the said species to be good and mer- chantable.
The proportion that cach town is levied and assessed to pay is as followeth :
Newport,
£38
Haversham, £10
Portsmouth,
31 New Shoreham, 11
Providence,
27
Jamestown, 10
Warwick, 12
Deptford,
27
£160
Rochester,
18
Ordered, That the Constables of cach the respective towns within this Province or County of Rhode Island, or King's Province and Providence Plantations, shall warn the inhabit- ants of their town to meet together on or before the first Wednesday in April next, to choose three or five men of the inhabitants of their town, to assess and levy the rate assessed and levied on their town (by his Majesty's Justices sitting in General Quarter Session, held in Newport, the 13th day of De- cember, 1687), on each of the estates of the inhabitants, and others within the precinets of their township ; which said rate is to be made, and the list thereof perfected under the hands of the said rate makers, or the major part of them, on or before the third Wednesday in the said month of April, and forthwith to be delivered to the Constables of each town; who are hereby required to gather and collect the same, and the said rate by them gathered and collected, the said Constables shall send unto the Treasurer of this Province of Rhode Island. &c ..
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on or before the 1st day of July next. And the better to en- able the Constables to gather and collect the said rate, the said Constables are empowered, if any person or persons refuse to pay the rate so assessed on them, to distrain of the estate of the person or persons neglecting or refusing to pay the same.
It is also ordered, That Mr. Francis Brinley, Lieut. Col. Pe- leg Sanford and Capt'n John Fones, or the major part of them, are hereby empowered and requested to bargain and agree to and with such and so many workmen, artists and others, for the materials, building and erecting in the said towns of New- port and Rochester, the said two Court Houses, as in their dis- cretion shall seem meet ; and that an order under the hands of them, or the major part of them, to the Treasurer of this Prov- ince or County, to pay to any person or persons, either for ma- terials to be used, or work done about the building the said houses, shall be a sufficient warrant for the said Treasurer to pay the same.
John Woodman, nominated to be Treasurer, and sworn.
Ordered, That the Clerk write a letter, to be sent to his Ex- celleney, the Governor, to acquaint him that this Court have, in pursuance to the advice of the Judges to them given, consider- ed the necessity and charge of two Court Houses ; one to be built in the town of Newport, and the other in Rochester. And to give his Excellency an account what they have at pre- sent computed the charge may be.
Ordered. That if any person or persons shall sit tippling or drinking in any Vietualling House, within this Province or County, on the First day of the week, or be found playing or sporting on the First day of the week, shall for every of the said offences, be prosecuted and punished as by law is ap- pointed'; and all masters of families are strictly required to take care of their servants and children, for whom they are to be accountable ; and the Constables in each town are strictly re- quired to take care that this order be duly observed.
Ordered, That the Clerk copy and send forth the orders con- corning the rate, to the Constables of the several towns and
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all such other orders also as are to be published, according to the use they are intended.
The Quarter Sessions ended.
At a General Quarter Sessions and Inferior Court of Common Pleas, holden in his Majesty's name, at Rochester. for Rhode Is- lund, King's Province and Providence Plantations, &c., the 6th day of March, 1687-S.
JUSTICES PRESENT. FRANCIS BRINLEY, Chairman and Judge. Lieut. Col. PELEG SANFORD, Major RICHARD SMITII, Capt'n JOHN FONES, JAMES PENDLETON, ARTHUR FENNER, RANDALL HOLDEN.
GRAND JURY.
Nathaniel Waterman, Foreman. Job Greene, Lodowick Up- dike, Henry Gardiner, William Knowles, Clement Weaver, Enoch Place, Ephraim Moss, John Clarke, John Maxson, Sam- uel Bennett, Thomas Mumford, Henry Bull.
Mary, the Indian squaw, formerly committed to Prison, on suspicion of felony, being called in Court, on proclamation be- ing made, and no person appearing against her, the said Mary is discharged from her said imprisonment.
For the encouragement of fishing, if any person or persons inhabiting at or near the Pettaquamseutt, shall make a Wier this spring to take fish in Pettaquamseut River, for their en- couragement therein, it is ordered, that no person or persons, shall disturb them in their fishing in their said Wier, when made. nor fish with them therein. except such persons as shall
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help them to make the said Wier, or allow to them that make it. And it is also further ordered, that no person or persons shall presume to make any new Wier above thes aid Wier, thereby hindering the fishing in the said Wier; notwithstanding this order, it is not intended to hinder any of the neighbors, inhab- itants, of fishing in the said River, aboveor below the said Wier.
William Palmer, of Rochester, being presented by the Grand Inquest, in this Court, for selling of rum by retail, and suffer- ing the same to be drank in his said house, being called in Court, and his presentment read to him, and he demanded guilty or not, answered (not guilty), and referred to trial.
The Jury's verdict is (guilty). The Court accept the ver- dict, and sentence the said William Palmer, for his said offence, to pay a fine of five pounds.
Ordered, That if any person or persons shall kill any wolf or wolves within this Province or County, and shall demand pay for the same, according to law, shall bring or cause to be brought, the wolf or wolves, by him or them so killed, within twenty-four hours after to a Justice of the Peace, who is keep record thereof, and certify the same to the Treasurer.
Ordered, That there shall be a rate levied and assessedl on the several towns and places in this County or Province, of fifty-three pounds, six shillings and eight pence for and towards the paying for the killing of wolves in this Province; and to be assessed and proportioned on each the towns proportionably to the rate of one hundred and sixty pounds, is, and to be levied, collected and paid at the same time, and in the same manner and form as in and by the said order is directed and prescribed.
The proportion that each town is levied and assessed to pay is as followeth :
Newport, £12 13s. 4d. Haversham, £03 06s. Sd.
Portsmouth, 10 06 S New Shoreham, 03 13 4
Providence, 09 00 0 Warwick, 04 00 0
Jamestown, 03 06 S
Deptford, 01 00 0 Rochester, CG 00 0 £53 6s. Sd.
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Samuel Eldred being the informer against William Palmer, for selling rum by retail, in Court forgave his part of the fine, being the half thereof, to the said Palmer.
Upon the application of William Palmer to this Court, that he might have liberty to keep an Ordinary, Ale House, or Common Victualling House, the Court do permit him to keep an Ordinary, Ale House, or common Vietualling House, untill one year be fully complete and ended, from and after the day of the date of his former license.
Upon complaint to this Court, made by Robert Spinke, and others, of the town of Rochester, that several highways in the said town are stopped up, to the great damage of the inhabit- ants of said town, it is ordered, that Mr. Daniel Vernon and Mr. Henry Tibbitts are empowered to take care that the high- way which leads from George Whitman's, to the country road, and comes out to the said road between the land of Mr. James Reynolds, and John Briggs, be forthwith laid open for the use and benefit of the inhabitants.
At a General Quarter Session, holden in his Majesty's name at Newport, for Rhode Island, Narragansell, of King's Province, und Providence Plantations, the 12th day of June, 1688.
JUSTICES PRESENT. FRANCIS BRINLEY, Chairman.
PELEG SANFORD, CALEB CARR, Sen'r,
RICHARD SMITII, JAMES PENDLETON,
JOIIN FONES, SIMON RAY,
JOIIN COGGESHALL, ARTHUR FENNER.
GRAND JURY.
Edward Greenman. Foreman. Francis Braiton. Sen'r. Samp- son Shurman, John Lewis, William Gardiner, John Sheldon,
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Peleg Mumford, John Heath, William Burton, John Sailes, Isaac Lawton, Joshua Raymond, Robert Guthridge, Oliver Arnold.
John Wells, of Haversham, being presented in the Assizes, or general Jail Delivery, holden in - last, for killing and slaying sundry swine, of George Denison. of the same place, and bearing them away, being called in Court, and his indict- ment being read to him, and he demanded guilty of the charge or not, answered not guilty ; and referred to trial.
The Jury's verdict not guilty, and the Court accept the same.
The said John Wells cleared by proclamation. CONSTABLES.
The following Constables were chosen :
For Providence : Samuel Whipple, Gideon Crawford and Ephraim Pierce.
For Haversham, Nicholas Cotterell and Joseph Stanton.
For Warwick, James Carder and John Rhodes.
For Portsmouth, Jeremiah Smith, Thomas Durfee and John Keas.
For Rochester, William Gardiner.
For Jamestown, George Cook.
For New Shoreham, William Rathbone.
For Newport, Nathaniel Coddington and Shubacl Painter.
Alexander Gordon, of Newport, admitted to have a license.
Benjamin Sherman, appointed to serve in the office of Con- stable, sworn.
Whereas, the late Constables of the town of Providence, have neglected to call the inhabitants of the said town together to choose Rate-makers, to assess and levy the County rates as- sessed on their town, for and towards the erecting and building Court Houses, and for payment for killing of wolves, this Court order, that the said Constables, taking to their assistance two or three of their sufficient neighbors, shall assess and levy the said rates assessed and levied on their town, according as the former orders are appointed and directed on or before the first Monday in July next ensueing; and if none of their said VOL. III. 19
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neighbors will assist them in making the said rates assessed on their said town, according to the said orders, the said Consta- bles shall levy the said rates themselves; and are hereby also empowered to gather the said rates so assessed, by warrant from one Justice, are empowered to distrain for neglect or re- fusal of payment of the same, and shall forthwith return the said rate by them so gathered, to the Province or County Treasurer.
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Ordered, That the Treasurer shall pay to Mr. West, Deputy Secretary, the sum of four pounds, one shilling and three pence, in money.
Ordered, That every town in this Province or County, in the next rate to be levied, shall be rated the sum of ten shillings. for and towards their re-paying into the Treasury the said money paid to the Deputy Secretary.
It is ordered, That the Constables of the towns of New Shoreham, Haversham, Rochester, Deptford, Warwick, and Providence, shall be allowed reasonable charge for the trans- portation by water, of the rates of their towns to the Treasurer, or so much thereof as shall be sent to him, to Newport, to be paid in the said species.
Whereas, John Eldred, of Rochester, his license being not fully expired, and he requesting that it may be continued until the next Quarter Sessions, it is ordered, that the license of the said John Eldred, shall continue in full force until the next Quarter Sessions; and also the license of Samuel Eldred of said Rochester, is continued to the next Quarter Sessions.
It is ordered, That the Selectmen, townsmen, and Overseers of the town of Newport, or any one of them, shall view all cattle transported from out of the said town by water, and shall have for their service therein the former, and allowed usual fees.
The Court, adjourned, until to-morrow morning eight of the clock.
June 13/h.
The Court called and sat.
Whereas, the late Rate-makers chosen by the inhabitants of
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the town of Newport, to assess and levy the rate assessed on their town by the Justices sitting in General Quarter Sessions, in Newport, December 13th, 1687, and Rochester, March 6th, 1687, have neglected to rate some persons having estates in the precincts of their town, that according to order ought to have been rated, it is ordered, that the said Rate-makers do and shall meet together on or before the one-and-twentieth of this instant June, to perfect and finish the list of the said rates, and to make return thereof forthwith, to the Constables of the said town.
Al a General Quarter Sessions, holden at Rochester. for Rhode Is- lund. Narragansett or King's Province, and Providence Planta- tions, the first Tuesday in September, 1688.
JUSTICES PRESENT.
FRANCIS BRINLEY, CALEB CARR, Sen'r,
Capt'n JOHN FONES, RANDALL HOLDEN.
JOIIN COGGESHALL,
GRAND JURY.
Edward Pelham, Henry Brightman, Robert Lawton, James Coggeshall, Robert Little, John Rathbone, James Reynolds, Thomas Gould, John Watson, Capt'n William Hopkins, John Low, Charles Hastleton, John Thomas, Henry Tibbitts.
PERSONS LICENSED.
William Mages, George Halsall, John Davis, Stephen Ta- beer. Charles Beer, of Newport. John Cook, of Portsmouth. Samuel Albro, of Rochester. Abraham Campanall. Mary Sanford. Joseph Timberlake, of Portsmouth. Benjamin Gorton.
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John Eldred, Benjamin Mowry, Samuel Eldred, of Rochester. The Court adjourned for an hour's time.
The Court called and sat.
Mary Cory, of Portsmouth, single woman, being called in Court, to answer to an indictment by the Grand Jury found against her for having a child born of her body, in June last past, appeared, and being demanded who was the father of the said child, she answered John Wickham.
The Court sentence the said Mary Cory for her offence to pay a fine of twenty shillings in money ; and also that she bear the town of Portsmouth, free from all charges concerning, maintaining and bringing up the said child.
Martha Cook (alias) Cory, of Portsmouth, and Mary Blower, of Newport, on Rhode Island, single women, being summoned to appear at this Court, to answer to a presentment, cach for having a child born of her body, found by the Grand Jury, in June last past, being called, did not answer, by the Court is or- dered, that an attachment go forth against them, to appear at the next Quarter Sessions.
Francis Brayton, of Portsmouth, on Rhode Island, being sum- moned to appear at this Court, to answer to a presentment for selling drink to Indians on the First day of the week, being called in Court, appeared, and demanded guilty or not, con- fessed the fact ; and referred himself to the judgment of the Court. The Court's sentence is, that the said Francis Brayton pay a fine of ten shillings in money for his offence.
Robert Lawton, of Portsmouth, on Rhode Island, sworn Sealer of the said town.
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Al a Generall Quarter Sessions, held in Newport, for Rhode Island, King's Province, and Providence Plantations, the 11th duy of December, 1688.
JUSTICES PRESENT.
FRANCIS BRINLEY,
JOHN COGGESHALL,
PELEG SANFORD,
CALEB CARR, Sen'r,
RICHARD SMITHI, ARTHUR FENNER.
JOIN FONES,
GRAND JURY.
Lawrence Turner, Foreman. Thomas Paine, Daniel Stanton, Thomas Brookes, George Sisson, Stephen Cornell. Enoch Plaise, Lodowiek Updike, William Palmer, John Warner, Joseph Woodward, George Vaughan, Stephen Remington.
PERSONS LICENSED. Samuel Wilson, of Rochester. Job Card, of New Shoreham. James Sweet, of Prudence.
Whereas, there was an order made in the Quarter Sessions, held in Newport, the 12th day of December, 1687, for the pre- vention of damage by fire, in the town of Newport, that if any chimney in the said town shall be foul and take fire, and burn above the funnel thereof, that the persons using the said chim- ney, shall pay two shillings, sixpence ; and by the said order there was no means provided for the collecting and receiving the same, it is ordered, that if any person or persons shall give notice of any chimney taking fire and burning above the fun- nel, to the next Justice of the Peace, shall have six pence for the same, out of the fine.
And it is further ordered, That one of the said Constables of the said town shall demand and receive the same ; and if the
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person offending refuse on demand to pay the same, that then by warrant from one Justice of the Peace to a Constable, he shall levy the same, by distress on the goods of the offender, together with the charge thereof, and the said fine (except the sixpence aforesaid ), to deliver to the Selectmen and Overseers of the Poor of the said town of Newport, for the use of the poor. And also at the time aforesaid, it was ordered, that the owner of every dwelling house in the parts of the said town, the places called the Pond, and the land of Thomas Clifton, de- ceased, should provide a ladder to stand against the houses that would conveniently reach to near the ridge of the said house, within nine months, on the forfeiture of five shillings; and the said order having been hitherto generally neglected, it is or- dered, that all and every person or persons, owners of houses as aforesaid, shall within three months after the end of this Sessions, provide a ladder or ladders, according as is directed by the said order (except such persons as have already provid- ed ladders accordingly ); or shall forfeit the sum of five shil- lings, to be to the use of the poor of the said town of Newport.
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