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 24
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And it is further ordered, that the Constables of Newport shall take care to see this order be performed ; and if any shall neglect their duty herein, to receive and collect the said fine, and if any person or persons offending shall refuse to pay the same on demand, the said Constables or any of them, by war- rant from one Justice of the Peace, shall levy the same by dis- tress, together with the charge for the levying the same.
Whereas, the Treasurer of this Province or County, hath made report to this Sessions that several of the Constables have neglected to collect and gather the several rates levied on the estates within their respective towns, it is ordered, that the Constables and each of them, that have neglected to gather and collect any the said assessments, shall forthwith collect and gather the same, or else for the neglect of their said duty, they and every of them, shall be lyable to pay the sum or sums by them neglected to be collected and gathered, as by the said orders are provided and directed. And if all or any of the Constables shall neglect to pay the said assessments and finish their ac-
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AND PROVIDENCE PLANTATIONS.
1688.]
counts with the said Treasurer, it shall and may be lawful for any two Justices of the Peace of this Province, &c., to grant forth a warrant to the Sheriff, or to any other person as to them shall seem meet, to distrain the same of the goods and chattels of all and every the Constables that shall neglect their duty herein.
Whereas, by the order of Sessions, held at Rochester, the 6th day of March, 1687, it was 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 within twenty-four hours bring the body of the said wolves to a Justice of the Peace, which order is found difficult to perform.
It is therefore ordered, That for the head and skin of any wolf' by any person so killed, shall be brought to a Justice of the Peace in the time, it shall be sufficient for the Justice of the Peace to make record of the killing of the said wolf, and to certify the same to the Treasurer.
Ordered, That there shall be a rate of one hundred and twenty pounds levied and raised on the several towns in this Province or County, for defraying of the public charge thereof, and to be paid unto the Treasurer of this Province or County, on or before the first day of July, next ensuing, in the species hereinafter named, and at the prices hereafter appointed. That is to say, sheep's wool at eight pence the pound, butter at four pence a pound, Indian corn at fourteen pence the bushel. And if any person or persons shall pay money, he or they shall be abated the one sixth part ; all which species shall be good and merchantable.
The proportion that each town is levied and assesed to pay, is as followeth :
Newport, £28 10s. Haversham, £7 00s.
Portsmouth,
23 05 New Shoreham, 8 15
Providence, 20 05
Jamestown, 7 10
Warwick, 09 00
Deptford,
02 05
£120 00
Rochester,
13 10
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RECORDS OF THE COLONY OF RHODE ISLAND,
[16SS.
Ordered, That the Selectmen in each the respective towns within this Province or County, shall meet together on or be- fore the first Wednesday in April next, to assess and levy the rate assessed and levied on their town by his Majesty's Jus- tices, sitting in Generall Quarter Sessions, held in Newport, the 11th day of December, 16SS, on each of the estates of the inhabitants, and others within the precinets of their townships, which said rate made, and the list thereof perfected, under the hands of the said Selectmen, 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 so gathered and collected, the said Consta- bles shall send unto the Treasurer of this Province or County, of Rhode Island, &c., on or before the 1st day of July, next. And the better to enable the Constables to gather and collect the said rate, the said Constables are empowered, if any person or persons shall neglect or refuse to pay the rate so assessed on them, to distrain of the estate of the person or persons neglect- ing or refusing to pay their rate.
Instructions for Sir Edmund Andros.
Instructions to our trusty and well-beloved Sir Edmund Andros, Knight, our Captain Generall and Governor in Chief in and over our territory and dominion of New England, in America.
With these our Instructions, you will receive our commission, under our great Seal of England, constituting you our Captain Generall and Governor in Chief in and over our Collonies of the Massachusetts Bay and New Plymouth, our Province of New Hampshire and Maine, the Narragansett country or King's Province, our Collonies of Rhode Island and Connecticut, our Province of New York, and East and West New Jersey, and of all that tract of land, eirenit, continent, precinets and limits in America, lying and being in breadth from forty degrees of northern lati- tude, from the Equinoctial line, to the river St. Croix, eastward, and from thence di- rectly northward to the river of Canada; and in length and longitude by all the breadth aforesaid, throughout the main land, from the Atlantic or Western Sea, and ocean on the east part, to the South Sea on the west part ; with all the islands, seas, rivers, waters, rites, members, and appartenances thereunto belonging (our Province of Pennsylvania and country of Delaware only excepted), to be called and known as formerly, by the name and title of our territory and dominion of New England, in America.
And you are accordingly forthwith to take upon you the execution of the place
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AND PROVIDENCE PLANTATIONS.
1687.]
and trust, we have reposed in you, and with all convenient speed to call together the members of the Council by name, Joseph Dudley, William Stoughton, Robert Mason, Anthony Brockoll, Thomas Hinckley, *Walter Clark, Robert Treat, John Fitz Winthrop, John Nicholson, Frederick Philips, Jervis Baxster, John Pinchon, Peter Buckley, Wait Winthrop, Richard Wharton, Stephen Courtland, John Usher, Bartholomew Gidney, Jonathan Ting, John Hincks, Edward Ting, Barna- by Lathrop, John Sanford, William Bradford, Daniel Smith, Edward Randolph, John Spragg, John Walley, Nathaniel Clerke, John Coxhill [*Coggeshall], Walter Newbury, *John Greene, *Richard Arnold, Jolin Alborough, Samuel Shrimpton, John Young, Nicholas Bayard, John Palmer, William Brown, Jun'r, Simon Linds, *Richard Smith, and John Allen, Esquires. At which meeting, after having pub- lished our said commission, or letters patents, constituting you our Captain Gene- rall and Governor in Chief of our said territory and dominion, you shall (after first taking the like oath yourself ) admininister to the members of our Council, the oath for the due execution of their places and trusts.
And you are to communicate unto our said Council from time to time such and so many of our Instructions as you shall find convenient for our service, to be im- parted unto them.
And you are to permit the members of our Council to have and enjoy the free- dom of debate and votes, in all things to be debated by them.
And although by our commission, aforesaid, we have thought fit to direct that any five of our Councillors make a quorum ; it is nevertheless our will and plea- sure, that you do not act with a quorum of less than seven members, unless upon extraordinary emergencies.
And that we may always be informed of the names of persons fit to supply the vacaneys of our Councill, you are to transmit unto one of our Principal Secretaries of State, and to the Lords of our Privy Councill appointed a Committee for Trade and Foreign Plantations, with all convenient speed, the names and characters of twelve persons, inhabitants of our said territory, whom you shall esteem the best quali- fied for that trust; and so from time to time when any of them shall die, depart out of our said territory, or upon any other occasion, you are to supply the first number of twelve persons, by nominating others to us in their stead.
And our will and pleasure is, that you do not suspend any of the members of our said Councill, without good and sufficient cause ; and in case of suspension of any of them, you are forthwith to transmit unto us, as aforesaid, and to our Committee for Trade and Foreign Plantations, your reasons for so doing, together with the charge and proof against the said persons, and their answer thereunto.
And in the nomination of any members of our said Councill unto us, upon any vacancy, as also in the choice of the Chief Officers, Judges, Assistants, Justices, and Sheriff's, you are always to take special care that they be men of estate and abili- ties, and not necessitous people, or much in debt, and that they be persons well af- fected to the government.
Our will and pleasure is, that all laws, statutes, and ordinances within our terri- tory and dominion of New England, aforesaid, shall continue and be in full force and vigor, so far forth, as they do not in any wise contradict, impeach, or dero- gate from our said commission, orders, or instructions, until such time as with the ad- vice and consent of the Councill, you shall pass other laws for the good government of our said territory and dominion, which you are to do with all convenient speed.
And we do further charge and require you to transmit authentick copies, under VOL. III. 20
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1688.
the publick seal, of all laws, statutes, and ordinances, which at any time shall be made and enacted within our said territory and dominion, unto ns, as aforesaid, and to our Committee for Trade and Plantations, within three months, or sooner, after their being enacted, together with duplicates thereof, by the next conveyance, upon of the pain of our highest displeasure, and forfeiture of that year's salary wherein you shall at any time or upon any pretence whatsoever, omit to send over the said laws and ordinances, as aforesaid, within the time above limited ; as also of such other penalty as we shall please to inflict.
And if any laws, statutes, and ordinances, made and enacted by you and our Coun- cill, or by the Commander in Chief, and Councill of New England, for the time being, shall at any time be disallowed, and not approved, and so signified by ns, our heirs, or successors, under our or their sign manual and signet, or by order of our or their Privy Councill unto you, the said Sir Edmund Andros, or the Commander in Chief of our said teirritory and dominion for the time being : then such and so many of them as shall be so disallowed and not approved, shall from thenceforth cease, determine and become void.
And you are to observe in the passing of laws, that the style of enaeting the same by the Governor and Councill, be henceforth used, and no other.
And we do hereby signify unto you our express commands, that all writs be issued in our Royal name, throughout our said territory and dominion. You are to take espe- cial care that no act or order be passed within our said territory in any case for levy- ing fines, and inflicting penalties whereby the same shall not be reserved to us for the publiek uses of the government ; as by the said act or order shall be directed.
Whereas, by our commission aforesaid, we have given unto you full power and authority, with the advice and consent of our Councill, or the major part of them, to impose, assess, raise, and levy such rates, and taxes as you shall find necessary for the support of the government of our said territory : our will and pleasure is, that you continue to raise and levy such rates, taxes, and impositions as are now or have lately been laid and imposed within our said territory, until upon further examina- tion and inquiry, you shall represent unto us the nature and quality of' sneh rates, taxes, and impositions ; how the same are raised, and levied, and what other taxes may be raised and levied, and to what value yearly, as also what shall be necessary for the support of the annual charge of our government there.
You shall not permit any publick money whatsoever, to be issued or disposed of, otherwise than by your order or warrant, under your hand. And you are to cause the accounts of all such money or value of money, attested by you, to be trans- mitted every half year to our Committe of Trade and Plantations, and to our High Treasurer, or Commissioners of our Treasury, for the time being ; wherein shall be specified every partienlar sum received or disposed of; together with the names of the persons, to whom any payments shall be made, and for what uses, with sutlicient vouchers for every payment ; to the end we may be satisfied of the due appli- cation of the revenne raised or to be raised, within our said territory.
You shall not remit any fines or forfeitures whatsoever, above the sum of ten pounds, before or after sentence given, nor dispose of any escheats, until you shall have first signified unto us, to the Commissioners of our Treasury, or High Treasu- rer for the time being, and to our Committee of Plantations, the nature of the of- fence or occasion of such fines, forfeitures, of escheats, with the particular sums or value thereof, and shall have received our directions therein.
251
AND PROVIDENCE PLANTATIONS.
168S.]
And whereas there are great tracts of land within our said territory and domin- ion, yet undisposed of, and other lands, tenements, hereditaments, for which our Royal confirmation may be wanting; we do hereby authorize you to dispose of such lands for a moderate quit rent, not under two shillings sixpence, for every hundred acres ; and to reserve such acknowledments unto us for the confirmation of other lands, tenements, and hereditaments as you shall think most equitable and conducing to our service.
And whereas we are willing to provide for the support of our government in our said territory, by setting apart sufficient allowances to the Commanders in Chief, re- siding for the time being within the same; our pleasure is, that when it shall happen that you shall be absent from that our territory, one full moiety of the salary and of all perquisites and emoluments whatsoever, which would otherwise become due un- to you, shall during the time of your absence be paid and satisfied unto such Com- mander in Chief, who shall be resident upon the place ; which we do hereby order and allot unto him for his better maintenance, and for the support of the dignity of that our government.
You are to require the Secretary of our said territory, for the time being, to fur- nish you with transcripts of all such acts and publick orders as shall be made from time to time, together with a copy of the journal of the Council, to the end the same may be transmitted unto us, as aforesaid, and to our Committee for Trade and Plantations, which he is duly to perform upon pain of incurring a forfeiture of his place.
You shall not displace or suspend any of the Judges, Justices, Sheriffs, or other chief officer within our said territory, without good and sufficient cause ; which you are thereupon to signify to us, and to our Committee of Plantations.
All military officers upon misbehavior and unfaithfulness in the execution of their trusts, you shall and may suspend or discharge, as shall appear upon due examina- tion thereof, most agreeable to justice.
You are to transmit unto us, with all convenient speed, a particular account of all establishments, of jurisdictions, courts, offices, and officers, powers, authorities, fees, and privileges, which shall be granted or settled within our said territory ; to the end you may receive our approbation and directions therein.
And whereas since our accession to the crown, we have appointed a new seal for our Collonies of New England, as also another seal for our Province of New York, which being now united under one government, we do hereby direct and require that the seal appointed for the said Collony of New England, be henceforth made use of for all of that our territory and dominion, in its largest extent and boundaries aforementioned ; and that the seal for our Province of New York, be forthwith broken and defaced in your presence.
You shall take especiall care, with the advice and consent of our said Councill, to regulate all salaries, and fees belonging to places or paid upon emergencies, that they may be within the bounds of moderation, and that no exaction be made upon any occasion whatsoever.
You are to take care that drunkenness, and debauchery, and swearing, and blas- phemy, be severely punished ; and that none be admitted to publick trusts and em- ployments, whose ill fame and conversation may bring scandal thereupon.
You are to permit a liberty of conscience in matters of religion to all persons, so they be contented with a quiet and peaceable enjoyment of it, pursuant to our gra-
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RECORDS OF THE COLONY OF RIIODE ISLAND,
[1688.
cious declarations, bearing date the 4th day of April, in the third year of our reign ; which you are to cause to be duly observed and put in execution.
And we do hereby require and command, that no man's life, member, freehold, or goods be taken away, but by established and known laws not repugnant to, but as much as conveniently may be, agreeable to the laws of our kingdom of England.
You shall take care that all planters, merchants and Christian servants shall be well and fitly provided with arms, and that they be listed under officers, and when and as often as you shall think fit, mustered, and trained, whereby they may be in bet- ter readiness for the defence of our territorry and dominion, aforesaid ; or in any other of our Plantations, in case of distress, wherein you shall, upon the appli- cation of the respective Governors, assist them with what aid the condition and safety of your government may permit.
You are nevertheless to take especial care that neither the frequency nor unrea- sonableness of remote marches, musters, and trainings be an unnecessary impedi- ment to the affairs of the inhabitants or planters under your government.
You shall take an inventory of all arms, ammunition and stores remaining in any of our magazines and garrisons, within our said territory, and send an account of them yearly to us, by one of our principal Secretaries of State, and to our Committee for Trade and Plantations.
And you are also to demand an account of what other arms and ammunition have been formerly bought with publick money there, for the security of our said terri- tory, and the same to transmit unto us by one of our principal Secretaries of State, and to our Committee for Trade and Foreign Plantations.
You are to take especial care that fit store houses be settled throughout our said territory, for receiving and keeping of arms, and ammunition and other publick stores.
And you shall transmit unto us by the first opportunity, a map with the exact description of all the whole country as far as any discovery shall be made thereof, and of the several fortifications you shall shall find or creet there.
And that we may be the better informed of the trade of our said territory, you are with the advice and consent of our Councill, to take care that due entries be made in all ports, of all goods and commodities imported or exported from thence, and from and to what places they come and go ; and that a yearly account thereof be transmitted by you unto us, by our High Treasurer, or Commissioners of our Treasury for the time being, and to our Committee for Trade and Foreign Plantations.
Our will and pleasure is, that you do from time to time give us an account of what strength your bordering neighbors are, be they Indians or others, by sea and land, and what correspondency you keep with them.
And when any opportunity shall offer for purchasing great tracts of land for us, from the Indians for small sums, you are to use your discretion therein, as you shall judge of the convenience, prejudice, or advantage that may arise unto us, by the same.
Whereas Joseph Dudley, Esq'r, and others, by their petition have humbly prayed our Royal grant and confirmation to certain lands lying upon the river Merrimack, and to the lake Wenepesioco, in New England, together with the fishing of the said river and lake, you are to examine the said petition, and to report nato us, your opinion what may he fit for us to do therein.
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AND PROVIDENCE PLANTATIONS.
16SS.]
You are to suppress the engrossing of commodities tending to the prejadice of that freedom which commerce and trade ought to have, and to settle such orders and regulations therein with the advice of our Councill, as may be most acceptable to the generality of the inhabitants.
You are to give all due encouragement and invitation to merchants and others, who shall bring trade unto our said territory, and in particular to the Royal African Company of England.
And you are to take care that there be no trading from our said territory, to any place or port in Africa, within the Charter of the Royal African Company ; and you are not to suffer any ships to be sent thither, without their leave and authority.
And we do hereby strictly command and enjoin you carefully to observe the treaties concluded by us with any foreign Prince or State; and in case any private injury or damage shall be offered or done to any of our subjects in those parts by the subjects of any such Prince or State, you shall take care to give us an account there- of, with all convenient speed, and not to permit or encourage reparations thereof to be sought in any other way than such as shall be agreeable to the said treaties and the instruction herewith given you.
And whereas we are informed of great disorders and depredations daily commit- ted by pirates and others, to the prejudice of our allies, contrary to the treaties be- tween us, to the good correspondency which ought to be maintained between Chris- tian Princes and States; and there being a law passed in our Island of Jamaica against such unwarrantable proceedings ; our will and pleasure is, that such a law (a copy whereof is herewith delivered unto you) be passed within our territory and dominion of New England, which you are to transmit unto us, as aforesaid, by the first opportunity.
And whereas we think it fit for the better administration of justice, that a law be passed, wherein shall be set the value of mens' estates, either in goods or lands, under which they shall not be capable of serving as Jurors; you are therefore, by the first opportunity of transmitting any laws hither for our approbation, to send one for that purpose.
You shall pass a law for the restraining of inhuman severity, which by ill masters or overseers may be used towards the Christian servants or slaves ; wherein provi- sion is to be made that the willful killing of Indians and negroes be punished with death, and a fit penalty imposed for the maiming of them.
And you are also with the assistance of our Councill, to find out the best means to facilitate and encourage the conversion of negroes and Indians, to the Christian religion.
You are to endeavor, with the assistance of the Councill, to provide for the rais- ing of stocks and building publick work houses in convenient places, for the em- ploying of poor and indigent people.
You are likewise from time to time, to give us by one of our principal Secreta- rys of State, and our Committee for Trade and Foreign Plantations, an account of the wants and defects of our said territory, what are the chief products thereof, what new improvements the industry or invention of the planters hath afforded, what probable advantages may be gained by trade, and which way you conceive we may contribute towards them.
And forasmuch as great inconveniences may arise, by the liberty of printing with- in our said territory, under your government, you are to provide by all necessary
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1688.
orders that no person keep any printing press for printing, nor that any book, pam- phlet, or other matter whatsoever, be printed without your special leave and license first obtained.
You are to encourage all you can the several Indians on the Continent, upon all occasions, that they may apply themselves to the English trade and nation, rather than any other in Europe .*
And to the end the said limits and boundaries may be settled before the 11th day of January next, and that our Commissioners may be well informed of the full ex- tent of our territory and dominion of New England, and its dependencies ; you are forthwith to give us an exact account and full information of the boundaries and limits thereof, and of the Indians and territories depending thereon ; which you are to do with all convenient speed.
Lastly. If any thing shall happen, that may be of advantage, and security to our said territory, which is not herein or by our commission provided for ; we do hereby allow unto you with the advice and consent of our Councill, to take order for the present therein ; giving us speedy notice thereof, that you may receive our ratifica- tion, if we shall approve the same.
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