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 26
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Ordered, That the King's Proclamation for war, be forthwith published by beat of drum, by the Clerk of this Assembly in solemn manner, being against the French ; and is accordingly proclaimed by beat of drum.
Ordered. That the Frenelnen that reside at Narragansett, be sent for by Major John Greene, to what place in Warwick he shall appoint. to signify unto them the King's pleasure in his Proclamation of war, and his indulgence to such Frenehmen as behave themselves well, and require their engageament thereunto.
Ordered, That a duplicate of the Address sent to their Maj- esties by the Deputy Governor and Councill, be transcribed and sent to their Majesties, from this Assembly, and subscribed by the Clerk of this Assembly, in their behalf.
Ordered, That Mr. Weston Clarke, Recorder, draw forth and
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fix the Seal of the Collony to the respective commissions of the Majors and all commissioned officers throughout the Collony, and shall be paid three shillings for each commission, out of the Generall Treasury.
Ordered, That Major John Greene, Clerk of this Assembly for writing two Addresses to their Majesties, and a letter to the Governor of Boston, and attending and writing the origi- nal copy of the Acts of this Court, be forthwith paid out of the Treasury, by Ensign John Hulmes, Treasurer, twenty shil- ings ; and that the Clerk do with all expedition he can, send copies to each respective town, and shall have ten shillings a town, of each town of this Collony, the seal affixed.
Ordered, That the Acts of this Court be forthwith pro- claimed by beat of drum, and so to return to the house again, the Seal being fixed.
The Court is dissolved.
By the Assembly, JOIN GREENE, Clerk.
A true copy, compared with the original, with the Collony Seal affixed. As attest, JOIIN GREENE, Clerk.
To the Honored Governor, Deputy Governor and Assistants, being the Generall Councill assembled at Newport, March 3d day, 1689-90.
The humble petition of Phillip Carr, widow, and Executrix of Caleb Carr, of Jamestown, late deceased. humbly sheweth : That there being no Town Councill in the town of Jamestown, cannot therefore have my husband's will proved, and letters of administration given, without making application to your Honors. And therefore do humbly petition you that you will be pleased to give order to the Recorder to perfect the matter. And what is necessary to be done on my part, I shall be ready to perform ; and your petioner shall pray for your prosperity. PHILLIP CARR.
Ordered, That the said Will having been proved in the Coun- cill, that the Recorder do take the said-Will and Inventory, and place them to record in the General Councill Book, for the rea- VOL. III. 22
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sons before [stated], and grant letters of administration unto the said Phillip Carr, as Executrix.
By order of the Governor and Councill.
JOIIN GREENE, Clerk.
Declaration of the Colony of Rhode Island.
We, the Assembly of freemen of the Colony of Rhode Island and Providenec Plantations, in New England, being assembled this first day of May, 1689, do with all due and humble submission make our humble address to the present supreme power of England, declaring that the late government of the dominion of New England, whereof Sir Edmund Andros was Governor in Chief, as we are certainly informed, is now silenced by reason his person as well as some of his Councill are seized and confined within the limits of Boston, in New England, for what cause best known to themselves. By which overture, we, the freemen aforesaid, were void of govern- ment, the consequence whereof appearing dangerous, we have thought it most safe for the keeping of the peace of our Colony to lay hold of our Charter privileges, establishing our officers according to their former station, hoping and not question- ing but through grace and favor, our said Charter according to the extent of it may be confirmed unto us, we being a small Colony, distinet from the other Colonies, which our predecessors through much difficulty procured, having been a poor distressed and persecuted people, as can largely be demonstrated, if need require. Further, we humbly pray, if any ill affected person should endeavor to suggest any complaint against us, it may be so favorably constructed and suspended, so that we may make our defence. Thus humbly prostrating ourselves at your feet, humbly praying, that forasmuch as we are not only ignorant of what titles should be given in this overture, but also not so rhetorical as becomes such personages. Therefore, we humbly beg pardon, and remain your humble supplieants and servants.
Signed in behalf of the Assembly, abovesaid.
WALTER CLARKE, JOHN GREENE, WALTER NEWBURY.
From Newport, on Rhode Island, in the Colony of Rhode Island and Providence Plantations, in New England, the 1st of May, 1689 .*
* J. Carter Brown's Manuscripts, No. 14, Vol. III.
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Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 1st of May, 1690.
Mr. John Easton, chosen Moderator.
John Greene, chosen Clerk of the Assembly.
The Charter being sent for from our late Governor, Walter Clarke, was produced by gentlemen appointed, to the open view of the Assembly, and as carefully returned to his custody again.
Voted, It is ordered by a unanimous vote of the Assembly, that Mr. Joseph Jeneks, Mr. Benedict Arnold, Mr. Ihale Law- ton, Mr. James Greene, are appointed a Committee to go to Mr. Thomas Ward, and demand and receive all the Records be- longing to this Collony of Rhode Island and Providence Plan- tations, and upon receipt thereof, to give him a discharge for what they receive.
They being returned, do declare, that they have demanded the said Records, and Mr. Thomas Ward refuseth to deliver them without they be taken out of his hand by distraint.
Voted, It is ordered by a unanimous vote of the Assembly, nemine contradicente, that our former Governor, Walter Clarke, our former Deputy Governor, and all the former Assistants of this Collony that were in place in the year of our Lord 1686, at the coming over of Sir Edmund Andros, our late Governor, that the said Governor, Deputy Governor and Assistants, are confirmed and established in their respective places for the year ensuing, or further order from England.
Voted, That a Recorder and Sergeant be elected ; our form- er Recorder being deceased.
Mr. Weston Clarke, chosen Recorder.
Mr. Thomas Fry, chosen Generall Sergeant.
Voted, It is ordered, that all other officers of this Colony, both civil and military, throughout the respective towns, Is-
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lands or places, are established and confirmed in their respec- tive places, which they were invested in, in the year 1686, as aforesaid, until the Collony, towns or places at their former ap- pointed times for election, choose others. And that all the present Constables are established in their respective places until others be chosen, as aforesaid, and engaged according to our former method.
Voted, It is ordered that all former acts and orders which were our former method, concerning matters civil or military, are hereby revised, ratified and established, that we may not only be in a capacity for administration of justice, but also for defence from any intestine commotion or foreign invasion.
Voted, That the Court of Election is dissolved.
A true copy, compared with the original, as attest,
JOIIN GREENE, Clerk of the Assembly.
Declaration on the resumption of the Charter.
We, the inhabitants and freemen of Rhode Island and Provi- dence Plantations and King's Province, assembled at Newport, this Ist of May, Anno Domini 1690.
Do declare, that through the good providence of God, our predecessors and ourselves, have been preserved and wonderful- ly supported through more than ordinary difficulties and hard- ships for fifty years and upwards, in which time, although there were many revolutions and changes in our native land, yet we were so assisted by the good providence, aforesaid, that we, by humbly addressing ourselves to the supreme power of England, obtained such favor that we had that granted by let- ters patents, by which we carried on our government to the general satisfaction of said inhabitants and freemen, until of late through the evil disposition of some disaffected persons, to our well being, whose restless suits occasioned writs of quo warranto to be served upon us, by which we were commanded to make our appearance in England, to show by what anthority we held our government and privileges. And being under the
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said arrest, there appeared a necessity to convene an Assem- bly to consult about that affair, which was of weighty concern, and upon the serions consideration of the matter, found a dis- ability to defray so great a charge as the standing suit might amount unto ; as also being credibly informed that several oth- er Corporations and Collonys were under condemnation, we thought it better to submit ourselves by an humble address to his Majesty, praying that he would be graciously pleased, not- withstanding our submission, to grant the continuance of our privileges in statu quo prius, which he was pleased to do in great measure, as can more plainly appear. But it was so ordered that when Sir Edmund Andros came over Governor, we were included in his Government, to which we peaceably submitted, and have partook and suffered with others several hard and so- vere impositions, which his Majesty intended not to be imposed on us; as his gracious letter, bearing date from Whitehall. March the 11th, 1686-7, makes to appear.
But forasmuch as we understand that our late Governor, Sir Edmund Andros, is seized and confined with others of his Councill, as appears by a paper printed by Samuel Greene, which late authority being silenced and deposed, we can do no less but to declare that we take it to be our duty to lay hold of our former gracious privileges in our Charter contained, and so to continue the government, always yielding obedience to the Crown of England, and manifesting our allegiance thereunto.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the Gth of May, 1690.
Mr. Henry Bull, Governor. Major John Coggeshall, Deputy Governor.
ASSISTANTS.
Mr. John Easton,
Mr. Benedict Arnold,
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RECORDS OF THE COLONY OF RHODE ISLAND, [1690.
ASSISTANTS.
Mr. Edward Thurston, Capt'n Arthur Fenner, Mr. Joseph Jeneks, Mr. Richard Arnold,
Mr. George Lawton,
Mr. Christopher Almy,
Major John Greene.
Mr. Benjamin Smith.
DEPUTIES.
For Newport.
Mr. James Barker,
Mr. Jonathan Holmes,
Mr. Phillip Smith,
Mr. Caleb Carr, Mr. John Tillinghast, Mr. John Wood. For Providence.
Mr. Stephen Arnold,
Mr. Pardon Tillinghast, Lieut. John Dexter,
Mr. Giddian Crofford. For Portsmouth.
Mr. George Sisson,
Mr. Giddian Freeborn, Mr. Henry Brightman, Mr. Robert Lawton.
For Warwick. Mr. Benjamin Barton,
Mr. Samuel Stafford.
Mr. Roger Burlingham,
Mr. Moses Lippitt. For Westerly. Mr. Tobias Sanders,
Mr. William Champlin. For Kings Town. Mr. Thomas Gould, Mr. John Watson. For New Shorcham.
Capt'n John Sands. For East Greenwich.
Mr. Giles Pearce, Lieut. Samuel Bennett.
The Governor, Mr. Henry Bull, chosen Moderator of the Assembly.
Weston Clarke, chosen Clerk of the Assembly.
Voted, Mr. Giddian Crofford, John Thurston, Nathaniel Jencks, Thomas Fry, Jun'r, John Spencer, John Nichols, John Wood, Pasco Whittford, Micall Spencer, William Bennett, Cle- ment Weaver, Jun'r, Richard Dunn, Jun'r, Lawrence Turner, Jr., Mr. Stephen Arnold, Jun'r, John Hull, admitted freemen of the Collony.
The Assembly dissolved.
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At the Generall Assembly and Election held at Newport, at the house of William Mayes, the 7th day of Muy, 1690.
The Assembly consisting of the Magistrates and Deputies above named.
Mr. Henry Bull, Governor, chosen Moderator of the Assembly.
Weston Clarke, chosen Clerk of the Assembly.
Voted, That the copy of the Charter, be openly read.
Voted, That the Recorder write the names of all those that vote for Governor.
Voted, That Mr. John Tillinghast, and Mr. Henry Bright- man, shall receive the votes from each man's hand, and see that there be no deceit used and put them in the hat.
Voted, That the Deputy Governor and Mr. Benedict Arnold, Assistant, are to open the proxies as the Election proceeds, and put them into the hat.
Mr. Henry Bull chosen Governor, who positively refused to serve. Mr. John Coggeshall was chosen, who also positively refused to engage.
By the Election was chosen the following, who were sever- ally engaged.
GOVERNOR. Mr. John Easton,
DEPUTY GOVERNOR. Major John Greene. ASSISTANTS. Mr. Edward Thurston,
Mr. Benedict Arnold,
Mr. Joseph Jencks, Mr. Stephen Arnold, Lieut. John Dexter. Mr. Caleb Carr, Mr. John Coggeshall,
Mr. George Lawton, Mr. Isaac Lawton, Mr. Benjamin Smith, RECORDER. Weston Clarke.
GENERAL SERGEANT.
Thomas Fry. GENERAL TREASURER.
John Hulmes.
GENERAL ATTORNEY. John Pocock.
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MAJOR FOR THE ISLAND. MAJOR FOR THE MAIN. Major John Greene.
Major Roger Goulding.
Voted, Mr. Joseph Jeneks, Assistant, Mr. Benedict Arnold, Assistant, Mr. Benjamin Smith, Assistant, Mr. James Barker, Mr. Jonathan Holmes, with the Recorder, are by the Assembly appointed to go to Mr. Walter Clarke, former Governor of this Collony, and from him receive the Charter, and other papers, and things belonging to this Collony, and in the behalf of the Assembly, to give him a full discharge for what they receive.
Voted, Ordered by the Assembly, that the Charter and other writing, received of Mr. Walter Clarke, former Governor, was delivered to the Assembly by the persons appointed to receive them, and have given a receipt for the same; and that the Charter and papers be put in the Governor's keeping for the Collony, according to former custom.
Voted, Ordered, that Mr. Edward Thurston, Jun'r, and Mr. John Tillinghast, being appointed to receive the duplicate of the Charter. of the Deputy Governor, Mr. John Coggeshall, and return the same to the Assembly, have accordingly done and given a receipt for the same. it was in the Assembly delivered to the Deputy Governor, Major John Greene, to be kept for the use of the Collony.
Voted, Whereas the late Governor, Mr. Henry Bull, was by this Assembly chosen Moderator in their first sitting, and he neglecting to sit in the Assembly, the present Governor, Mr. John Easton, is by the Assembly appointed Moderator.
Received in the Assembly, of the late Governor, Mr. Henry Bull, the Seal of the Collony ; a letter from the Governor and Councill of Boston ; two letters from the Lieutenant Governor of New York ; a copy of a letter sent to the Governor and Councill of Boston ; a copy of a letter sent to Governor Liesler, to New York ; a copy of a letter sent to Major Walley ; all which, with the Seal of the Collony, was delivered to the keep- ing of the Governor, Mr. John Easton.
Voted, The Committee that were sent forth concerning an answer to the Governor of New York's propositions about as-
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sistance, with the respective Collonies, against the French and Indian enemies, is that this Collony being small, and the port of Newport being the principal port, but weakly fitted to op- pose an enemy, therefore it is concluded upon, that necessity requires, for the preserving of their Majesties' interest here, that we cannot assist by men, but nevertheless we are willing to assist by raising money according to reasonable proportion.
Voted, Ordered by this Assembly, that there be a rate levied and raised in this Collony of three hundred pounds for the sup- port of their Majesties' interest against the French and Indian enemies, and not to be disposed of for any other use, but by a Generall Assembly's order.
The several towns to be taxed as followeth, and to be payd unto the Generall Treasurer of this Collony, by the 20th day of July next ; and to be gathered by the Constables of each town according to an Act of a Generall Assembly made in Newport, the 7th day of May, 1684.
The town of Newport, eighty pounds ; the town of Provi- dence, forty pounds ; the town of Portsmouth, sixty pounds ; the town of Warwick, thirty pounds ; the town of Westerly, fifteen pounds ; Jamestown, eighteen pounds, ten shillings ; New Shoreham, seventeen pounds and ten shillings ; Kings Town, twenty-seven pounds ; Greenwich, twelve pounds.
The pay and prices to be paid in is, wool, at seven and a half pence per pound ; butter, at four pence per pound; Indian corn, at two shillings per bushel; rye, at two shillings, three pence per bushel; pork, at one pound, eighteen shillings per barrel.
Voted, Ordered by this Assembly, that the Treasurer, Mr. John Holmes, and Mr. Caleb Carr, are appointed to agree with a carpenter or carpenters, to finish the Town House forthwith, and to provide boards and nails, and to pay for the finishing the said House out of the money and wool now in the Treasu- rer's hands, taken out of the custody of Mr. John Woodman, late Treasurer.
Voted, Ordered that the Treasurer, John Holmes, his receipt to Robert Little, for two hundred and sixty-nine pounds of VOL. III, 23
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sheep's wool, taken out of the custody of John Woodman, late Treasurer, be put on record.
Voted, Ordered, that eight pounds shall be kept in the Trea- surer's hands of that money received of the late Treasurer, John Woodman, to defray the charge of killing of wolves, in Sir Edmund Andros, his time, for the townsmen of Providence, to whom it doth belong.
Voted, Ordered, that whereas the Assembly hath been made sensible of the great charge the Magistrates of this Collony are at in tending the Court, and lying at their own charge, and no allowance from the Collony, the Assembly do order. that the Governor, Deputy Governor, and Assistants of this Collony, shall for the future pay no Collony rates.
Ordered, That the Clerk of this Assembly shall have ten shillings from each town for the copies of the Assembly's Acts, with the seal of the Collony.
The Assembly dissolved.
Copy, per WESTON CLARKE, Recorder.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Portsmouth, the 16th day of September, 1690. Culled by the Governor's war- rant on special occasion, for their Majesties' service.
Mr. John Easton, Governor.
Major John Greene, Deputy Governor.
ASSISTANTS.
Mr. Edward Thurston, Mr. Joseph Jeneks.
Mr. Caleb Carr, Mr. John Coggeshall.
Mr. Benedict Arnold, Mr. Isaac Lawton,
Mr. Edward Thurston, Juu'r, Mr. Benjamin Smith.
Mr. Stephen Arnold,
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DEPUTIES.
For Newport.
Mr. James Barker,
Mr. Phillip Smith,
Mr. Jonathan Holmes,
Mr. John Wood.
For Providence. Mr. Gideon Crofford,
For Portsmouth. Mr. George Sisson. For East Greenwich.
Mr. Thomas Nicolls.
Mr. Thomas Fry.
The Governor chosen Moderator of the Assembly. The Recorder chosen Clerke of the Assembly.
Voted, That Mr. Roger Burlingham being returned to this Assembly as a Deputy for the town of Warwick, there being much debate concerning the legality thereof, the Assembly do order, that he is not accepted in this Assembly as a Deputy.
Voted, Whereas by order and Act of the Generall Assembly held in Newport, the 7th day of May, 1690, there was by said Assembly concluded a necessity of raising of moneys in this their Majesties' Collony, for the supply of soldiers and other necessary charges, against their Majesties' enemies ; and in or- der thereunto, by the free vote of the Representatives of this Collony Assembly, as aforesaid, there was a rate assessed on the severall towns, as may appear in said Acts, which said assessment was to be by said order paid into the Generall Treasury, by the 20th day of July last past ; but several towns have neglected to assess the said rates on their several inhab- itants, which hath been much damage to the Collony for want of performance of the Assembly's Acts, having been at great charge in defence against the French in this Collony by sea, and have been delivered by a great providence of God, out of their hands, and other charges still arising in the defence afore- said.
This Assembly taking the premises into their serious consid- eration, for want of moneys, as aforesaid, and finding that the town of Providence, the town of Portsmouth, the town of War- wick, the town of Westerly, Jamestown, Kings Town, and
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Greenwich, have not proportioned their rates according to or- der ; and still neglect and refuse to perform the Acts as afore- said, it is ordered by this Assembly, that three men in cach town, to wit: Mr. Pardon Tillinghast, Mr. Edward Smith, Mr. Gideon Crofford, for the town of Providence ; Mr. Christopher Almy, Mr. Geo. Sisson, Mr. Geo. Lawton, Jun'r, for the town of Portsmouth ; Mr. Esreall Arnold, Mr. Peter Greene, Mr. Sam- uel Stafford, for the town of Warwick ; Capt'n Clement Wea- ver, Mr. John Heth, Mr. Thomas Fry, Jun'r, for Greenwich ; Capt'n Jeffrey Champlin, Mr. Samuel Albrow, Mr. Jeremiah. Brown, for Kings Town ; Mr. Joseph Clarke, Capt'n William Champlin, Mr. John Maxson, for Westerly ; Capt'n Nicholas Carr, Capt'n Thomas Paine, Mr. Caleb Carr, for Jamestown, or the major part of any three in cach town, are ordered and em- powered by this Assembly, to proportion the said sums levied on each town by the Assembly's Acts, as aforesaid.
But the Assembly being concerned for the ancient privileges of every town in this Collony, that if they will proceed accord- ing to former custom forthwith, it will be accepted; otherwise, it is required to be performed by the persons appointed as aforesaid, for each town to be proportioned ; and return thereof made to the Generall Treasurer of this Collony, by the 20th day of October next. And each person that is appointed to proportion the said assessments, to have three shillings per day for their pains, to be paid by the towns defective. And the neglect of the persons performing this Act, it is the resolve of this Assembly, that they and every of them so appointed as aforesaid, to proportion the said levy, neglecting the due per- formance thereof, shall pay out of their own estates the levy on each town to be proportioned by them, by warrant of distraint from authority.
Voted, Whereas the Governor and Council jointly and several- ly have commissioned Capt'n Thos. Paine, Capt'n Godfrey, and others, in the expedition for Block Island against the enemy ; as also have been at charge to supply the men of war that came from Boston, in pursuit of the enemies. and from New York, and for relief of captives, healing the wounded men. and
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all other necessary charges concerning Capt'n Andrew Ed- monds, that have been disbursed or engaged by any of the Magistrates repairing of vessel, and any other necessary charge concerning the war, it is ordered, being approved of by this As- sembly, that all and every the said charges be paid out of the Generall Treasury, with all expedition, out of the levy made by this Assembly in May last past, upon the several towns in this Collony.
Voted, In answer to the petition of the town of Warwick, complaining that they are over-rated, but are willing to pay their equal proportions, the Court having seriously considered the matter, do find that the manner of rating of towns by guess is no suitable nor certain rule, but may prove very prejudicial ; and therefore do determine that for the future, all rates that shall be made in this Collony, shall be made according to so much on the pound as the estates of persons are valued at.
And for the better offecting of the premises, it is desired, that betwixt this and the next Court in October next, to be held at Providence, that any of the members of this Court would draw up some rule for appraising of lands or cattle, to be valued, to know mens' estates by, and in order for the Court to give their determination, and in case upon examination of the matter, it doth appear that any town in this Collony hath been by guess over-rated, at the meeting of the Commissioners then it shall be abated out of the next proportionally.
Voted and ordered by this Assembly, Upon the petition of several free inhabitants of this Collony, that any one Magis- trate of the Collony is authorized to send his warrant to a Con- stable to bring before him and another Magistrate, any debtor to the value of forty shillings, to answer the complaint of any person for debi or trespass as aforesaid, and it shall be in the power of two Magistrates to hear, issue and determine the same ; only it shall be in the liberty of the party defective, to have his appeal to the Court of Tryall, paying the charge, and the Magistrate's charge in hearing and determining the cause or causes.
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