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 3
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Notwithstanding any former law, actor orders to the con- trary. it is further ordered, That the towne of Newport shall
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RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
choose four men. and the towne of Portsmouth four men, to meet upon or before the 13th of January next, at the house of Mr. George Lawton, in Portsmouth, to adjudge and auditt all accounts depending between the said two townes relateing and only growing by reason of the late Indian warr, that soe the towne falling in debt, may take speedy course and care for the payment of what it shall be found in debt unto the other towne : and that the eight men soe chosen by the said townes or the major part of them, have full power to adjourne from time to time, untill such time as they have fully perfected the matter committed unto them.
Voted. That whereas, our late Honored Governor William Coddington, Esquire, is deceased, this Assembly doe forthwith proceed to the election of another in his roome or stead.
Major John Cranston is chosen Governor, and engaged in open Court.
Mr. James Barker is chosen Deputy Governor and en- gaged.
Voted. Whereas the Deputy Governor, John Cranston, is chosen and engaged to the place and office of Governor, he is by this Assembly absolved from his former engagement to the office of Deputy Governor.
And alsoe Mr. James Barker being engaged in the place of Deputy Governor. is by this Assembly absolved from his en- gagement to the office of Assistant.
Voted. Whereas Mr. James Barker, who was the first Assist- ant. is chosen Deputy Governor, the two next Assistants are to succeed in order, and that upon their former engagement, and a third Assistant be chosen.
Mr. Caleb Carr chosen Assistant, and enagaged.
Total. That a Committee be sent from this Assembly unto Mrs. Ann Coddington, widow to our late deceased Honored Gor- ernor. and of her demand and receive the Charter and all other writings that were in the late Governor's custody and belong- ing to this Colleny ; and have power to give the said Mrs. Cod- dington a full discharge in the behalfe of this Assembly for what they receive. The persons chosen, are Capt'n Peleg San-
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1678.]
ford. Capt'n John Albro, Capt'n Arthur Fenner, Mr. John Cog- geshall, and the Recorder, whoe are to returne what they so re- ceive unto this Assembly.
That the aforenamed Committee are empowered to demand and receive from the Executors of the late deceased Mr. John Clarke, the duplicate of the Charter, and give a full discharge for the same, and returne it to this Assembly.
Voted, The Committee appointed to goe to Mrs. Coddington, for the Charter, and for all other writeings belonging to the Collony, in the late Governor's custody, have according to their trust, returned what they received, and the receipt by them given to be entered on record, and they are committed to the present Governor's keepinge.
Alsoe, they having received the duplicate of the Charter, have delivered it unto this Assembly, and are discharged thereof ; and the said duplicate is committed to the keeping of the present Deputy Governor.
[Here follows the receipt.]
By order and appointment of the Generall Assembly, held for his Majesty's Collony of Rhode Island and Providence Plan- tations, and sittinge the 14th of November, 1678, wee whose names are under written, doe owne wee have received of Mr. Thomas Ward, of Newport, one of the assignes of the late de- ceased Mr. John Clarke, the duplicate of the Charter, sealed with yellow wax, containing three sheets in parchment, with this promise, that if it shall appeare that the said duplicate by any act of the former Assemblys doth belong unto the Execu- tors of the said John Clarke, deceased, then to be truly re- turned.#
Witness our hands, the 15th of November, 1678.
PELEG SANFORD, JOHN COGGESILALL, JOHN SANFORD, JOIN ALBRO, ARTHUR FENNER.
* This receipt is inserted, as giving the history of the duplicate copy of the Char- ter of 1663, which is in the Secretary's office, and in excellent preservation.
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RECORDS OF THE COLONY OF RHODE ISLAND, [1678.
Voted. Whereas the Generall Assembly in May last, did see cause to appoint two persons to be survayers of lands in the Narragansett country, as more fully is exprest in the act of the said Assembly, the persons then appointed, being Capt'n Peleg Sanford, and Mr. Benjamin Speere, and they as yett not have- ing done anything in that respect ; and whereas Mr. Benja- min Speere, one of the persons then appointed, is gone out of the country, therefore, that the said worke may not be neglect- ed, and that the matters may be truly stated, according to the true meaning and intent of the Assembly, this Assembly doc appoint and empower John Smith, inhabiting at Newport, in the roome of Benjamin Speere, to join with Capt'n Peleg San- ford, and assist him in the performance of that worke, and make returne of what they doe in the premises unto this As- sembly, if they see cause to adjourne, or else unto the next Assembly.
And it is further ordered, That whereas severall gentlemen were by the said Assembly in May last, empowered to agree with the then appointed survayers what they should have for their service, to be paid them by the Collony, and alsoe the time when they should proceed in doeing it, and they not haveing anything by them done in that respect, this Assembly doe now appoint and empower the Governor, the Deputy Gor- ernor, Captain John Albro, and Mr. Caleb Carr, Assistants, Mr. John Coggeshall, and Mr. Thomas Ward, or major part of them. to agree as aforesaid, with the now appointed survayers, and what they doe therein, shall be as authentick as if done by this Assembly.
Voted, That the survayers, Capt'n Peleg Sanford and John Smith are desired and empowered by a writeing under their hands, to give notice to all the townes in the Collony of the time of their proceedinge in that worke, that soe those that please may be present at the time of their acting in the premises.
Voted, That the returne made to the Governor by Capt'n Peleg Sanford and Mr. John Coggeshall, appointed and em- powered Commissioners to act with the Commissioners of the
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1678.]
Massachusetts, Plymouth, and Connecticut Collonys, in a Court by his Majesty's speciall command held concerning difference about title of lands, between William Harris and others, shall, as the Governor sees cause, be transcribed by the Recorder, and accordingly returne thereof to be made to his Majesty. The charge thereof to be borne by the Collony.
Voted, That Capt'n Arthur Fenner shall have one barrill of powder of that which is in the Collony's store ; and it shall goe in part of pay for what the Collony is indebted for the main- taineing the King's garrison at Providence.
Voted, Whereas Mr. William Harris hath petitioned this As- sembly for the sum of tenn pound in England (as he saith, about nine or tenn years since), by him paid to Capt'n Richard De:me. The Assembly haveing scariously considered the matter. doc finde that former Assemblys have taken effectnall course for the payment of such demands, by assessments on the severall townes, and doe conceive it may then be paid. There- fore, doe not see cause to proceed any further therein, not be- ing cleerly informed that the said William Harris hath any- thing justly due on the said demand.
Voted, Whereas there appeares to be further due from the Collony to John Sanford, Recorder, the sum of seven pound, five shillings, it is owned and accepted, and ordered to be paid by the Generall Treasurer.
Voted, Whereas there appeares due to Mr. John Coggeshall the sum of four pound, five shillings, country pay, it is owned and accepted, and ordered to be paid by the Generall Treasurer.
Voted, Whereas there is due to Mr. Robert Carr the sum of one pound, four shillings, currant pay, for service done by his sonn Caleb, and his sloop, by transporting the Magistrates to Narragansett ; the said sum is ordered to be paid to Me. Rob- ert Carr, by the Generall Treasurer.
Voted, That the Recorder shall within thirty days after the adjournment or the dissolution of this Assembly, give forth coppys to all the townes in this Collony, of the acts of this Assembly, under the scale of the Collony.
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RECORDS OF THE COLONY OF RHODE ISLAND, [1679.
Voted, This Assembly is adjourned till the last Tuesday in March next, which will be the 25th of the said month, then to assemble againe at Newport.
March 25th, 1679.
Accordinge to the aforesaid adjournment, the Governor, Deputy Governor, Mr. Joseph Clarke, Mr. Caleb Carr and Capt'n John Albro, Assistants, were present.
[The Records contain no proceedings of the General Assem- bly at this session.]
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 6th of May, 1679.
Major John Cranston, Governor.
Mr. James Barker, Deputy Governor.
ASSISTANTS.
Capt'n Peleg Sanford,
Mr. Joseph Clarke.
Mr. Caleb Carr,
Capt'n Samuel Gorton,
Mr. Stephen Arnold,
Mr. Thomas Greene.
DEPUTIES.
For Newport.
Mr. Caleb Carr,
Mr. Thomas Ward,
Lient. Edward Richmond, Lieut. John Greene, Mr. William Coddington, Ensigne John Bliss,
For Warwick.
Mr. Edmund Calverly,
Lieut. Benjamin Barton, Mr. Samuel Stafford, Mr. John Warner.
For Westerly.
Mr. Thomas Olney, Jun'r,
Mr. John Whipple, Jun'r,
Capt'n John Albro,
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1679.]
Mr. Joseph Jeneks. For Providence. Capt'n Arthur Fenner, Mr. William Carpenter, Mr. Richard Arnokl. For Portsmouth. Mr. George Lawton,
Lieut. William Correy,
Lieut. Francis Brayton,
Lieut. William Codman.
For New Shoreham. Mr. John Williams. For Kings Towne.
For East Greenwich. Mr. John Heath, Serg't Thomas Nicholls. For James Towne. Mr. Ebenezer Sloenm, Capt'n John Foanes.
The Governor chosen Moderator.
John Sanford, Recorder, chosen Clerke.
Voted, Edward Thurston, Jun'r, Bartholomew Hunt, Jun'r, Thomas Brookes and John Coddington, being freemen of the towne of Newport, are admitted freemen of this Collony.
Voted, Abiall Tripp being a freeman of the towne of Ports- month, is admitted a freeman of this Collony.
Voted, That John Greene, Jun'r, being a freeman of the towne of Warwick, is admitted a freeman of this Collony.
Voted, Henry Mathewson, Charles Mecarta, and Mordica Bonden, being freemen of the towne of East Greenwich, are ad- mitted freemen of this Collony.
Voted, That Ebenezer Slocum, Nicholas Carr, Caleb Carr, the son of Robert Carr, and Peter Wells, freemen of James- towne, are admitted freemen of this Collony.
Voted, This Assembly is dissolved.
At the Generall Assembly and Election held at Newport, the 7th of May, 1679, at the house of Robert Louis.
The Assembly consisted with the afore written Governor, Deputy Governor, Assistants and Deputys.
The Governor chosen Moderator.
John Sanford chosen Clerke.
Voted. Mr. Thomas Ward shall receive the votes from cach
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RECORDS OF THE COLONY OF RHODE ISLAND, [1679.
person that bring in their votes for the Election, and take care that they be truly brought in, and putt into the hatt. And that Capt'n Samuel Gorton and Mr. Caleb Carr shall open the proxies ; and as the election proceeds, putt the votes into the hatt : and that John Williams, and the Recorder shall in writeing take the names of all those that vote.
Voted, That the Assembly remove and sitt in the lower roome. for the convenieney of the Election.
By the Election, was chosen the following, who were sever- ally engaged.
GOVERNOR.
Major John Cranston.
DEPUTY GOVERNOR. Mr. Walter Clarke. ASSISTANTS. Mr. Caleb Car,
Mr. Thomas Ward.
Mr. Joseph Clarke,
Mr. Stephen Arnold,
Capt'n Arthur Fenner, SOLICITOR.
Mr. John Whipple, Jun'r,
Capt'n John Albro, John Sanford, Capt'n Samuel Gorton,
Mr. Thomas Greene. RECORDER.
John Sanford.
GENERAL SERGEANT.
Edmund Calverly. GENERAL TREASURER.
Capt'n Peleg Sanford. GENERAL ATTORNEY. Lieut. Edward Richmond.
Edmund Calverly. MAJOR. Capt'n Peleg Sanford.
John Potter, of the towne of Warwick, haveing petitioned this Assembly for the sum of thirty-six shillings, currant pay. due to him for service, by him done some yeares since, being Constable, in secureing and sending an Indian to New- port, the said sum is ordered, to be paid by the Generall Treasurer.
Upon the petition of John Correy, and John Wood Weaver, to be accommodated with lands at East Greenwich, their peti- tion is granted. and they are to be accommodated as others out of the shares which that are yett not taken up.
Voted, Whereas there hath complaint been made that sun-
.
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dry persons being evill minded, have presumed to employ in servile labor, more than necessity requireth, their servants, and alsoe hire other mens' servants and sell them to labor on the first day of the week : for the prevention whereof, bee it enacted by this Assembly and the authority thereof, That if any person or persons shall employ his servants or hire and employ any oth- er man's servant or servants, and set them to labor as aforesaid. the person or persons soe offending, shall upon proof thereof made, pay for every offense by him or them committed, five shillings in money, to the use of the poore of the towne or place in which the offenses are committed; which said five shillings, if the person offending refuse, upon conviction before one Magistrate, to pay : a warrant under the hand of one Mag- istrate, directed to the Sergeant of the towne, where the offense was committed, shall be his sufficient warrant to take by dis- traint soe much of the estate of the offending party, together with two shillings for his service therein.
And bee it further enacted by the authority aforesaid, That if any person or persons shall presume to sport, game or play at any manner of game or games, or shooting on the first day of the weeke as aforesaid, or shall sit tippling and drinking in any tavern, ale-house, ordinary or vietualling house on the first day of the weeke, more than necessity requireth ; and upon ex- amination of the fact. it shall be judged by one Justice of the Peace ; the persons offending as aforesaid, upon conviction be- fore one Justice of the Peace, shall by the said Justice of the Peace be sentenced for every of the aforesaid offenses, to sitt in the stocks three houres, or pay five shillings in money, for the use of the poor of the towne or place where the offense was committed.
Voted, Whereas there have been many complaints by mas- ters of ships and other vessells, to the authority in this juris- dietion, that the seamen by them shipped and retained, have been entertained by persons keeping taverns, ale-houses, ordi- marys or vietnalling-houses, to their great neglect and hinder- ance in their employment; and at the time of their being ready to saile and putt forth to sea, their men are by the per-
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RECORDS OF THE COLONY OF RHODE ISLAND, [1679.
sons aforesaid. attached. imprisoned and kept from their law- full service to their loss and damage. For preventing whereof, this Assembly doe enact and declare, That if any person or : persons, that shall keep tavern, ale-house, ordinary or victual- ling-house within this jurisdiction, and shall give creditt unto, ! and trust any seaman or scamen, that shall be shipped and re- tained by any master of a ship or other vessell, without order from the master of the said ship or vessell, above the sum of five shillings, noe action or suit shall lye or bee for the same.
And bee it further enacted by the authority aforesaid, That if any person or persons keeping all or any of the houses afore- said, shall presume to arrest, attach or imprison any seaman or seamen, contrary to this act, he or they and every of them, shall be lyable to pay to the master of the ship or other ves- sell. the damage or damages that he or they shall sustaine thereby ; whoe by himselfe or his attorney may have his ac- tion against any person or persons soc offending for the same, as in action of debt.
And be it further enacted by the authority aforesaid, That all ships and other vessells that shall come into any harbour on this Island, or other harbour in this Collony. not under the burthen of twenty tons, the master thereof shall imme- diately repaire to the Governor (if in Newport), if in any other port in the Collony, then to the head officer in that towne or place, and shall give a just account of their designe, and shall not presume to sett saile out of any of the said harbours without giveing the knowledge thereof to the Governor, or head officer. as aforesaid, before their sailing; and if they re- main above ten days in any of the said harbours or ports, they shall then sett up their bills in two public places in that towne or place where they shall come in this Collony, at least three days before they sett saile.
Voted. Upon a petition presented to this Assembly by Capt'n John Albro, relating to an action upon an indictment against John Albro, Jun'r, at the Generall Court of Trvalls, held the 12th of this instant, this Generall Assembly doe en- act and declare, That judgment concerning the said John Al-
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1679.]
bro. Jun'r. shall at present be suspended, and the determination of the matter left to this Assembly. And upon the further scarious debate and consideration of the matter, this Assembly doe see cause to suspend the further proceedings therein unto the next sitting of this Assembly, and Capt'n Albro is desired, and hath promised in the meane time to procure JJoseph Whea- ton, or information in the premises.
Voted. An act to prevent non-payment of publiek imposi- tions, rates, fines and forfeitures, and disorders that may ensue thereby :
Bee it enacted by this Assembly and the authority thereof, That if any towne or townes, village or villages, place or places, within the precinets of this Collony shall refuse and negleet to levie and proportion all and every imposition. rate, fine or forfeiture that may concerne the publie weale of this Collo- ny, upon the inhabitants, and others rateable in such townes, villages or places as aforesaid, that shall from time to time bee levied, and make returne thereof to the Generall Treasurer within the time limitted and appointed or imposed on them by the Generall Assembly of this Collony ; shall for every such offense forfeit to the Collony the sum of ten pounds in money, or other currant pay equivalent thereunto.
And further be it enacted by the authority aforesaid, That if any towne. village, or place, as aforesaid, shall refuse to levie and proportion any imposition, rate, fine or forfeiture, together with the ten pounds forfeitted by the neglect as aforesaid, up- on the receipt of warrant to them directed from the Generall Treasurer in convenient time ; it shall and may be lawfull for the Governor or Deputy Governer, and three Assistants, by warrant under their hands, to appoint five honest persons ac- cording to their directions, to levie and proportion the imposi- tion, rates, fines, and forfeitures, on the inhabitants and others rateable in any of the places aforesaid, together with the afore- said forfeiture of ten pounds.
And further be it enacted, That if any person or persons re- fuse or neglect to pay his or their proportion or rate, that shall be imposed or levied on him, her or them ; that then a warrant VOL. III. 3
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RECORDS OF THE COLONY OF RHODE ISLAND, [1679
under the hand of one Assistant, directed to the Generall Ser- geant or his Deputy, shall bee his or their lawfull authority to take the same by distraint; together with two shillings, six pence in the pound for his or their service ; whoe is hereby re- quired to observe the rules and method of appraizement as is usuall in cases of distraint, and to make returne of all he shall soe distraine to the Generall Treasurer.
And further bee it enacted by the authority aforesaid, That if any officer or officers shall neglect his duty in the perform- ance of the aforesaid act and order, he or they whoe shall be soe neglecting, shall be censured by the Assembly from time to time, suiteable to the demeritt of their offense.
Voted, Whereas the Generall Treasurer hath made a returne to this Assembly, that severall townes in this jurisdiction, have not made their returnes of the severall rates imposed and levied on them according to the aet of the Generall Assembly, hell in Newport, October 30th, 1678: for the regulating the said dis- orders, bee it enacted by this Assembly and the authority thereof, That all and every towne, place, or village that doc neglect to conforme, and doe remaine disobedient to the orders and injunctions of the Assembly, aforesaid. for the space of twenty days after their knowledge of these presents, shall bee lyable to suffer the penalties and forfeitures, and be proceeded against for every such default, by them made, as is provided in and by an act made in this present sitting of this Assembly. entitled an act to prevent non-payment of publiek impositions, rates, fines and forfeitures and disorders that may ensue thereby.
Voted. That for the encouragement of Assistants and Depu- tys to attend Generall Assemblys ; and alsoe the Assistants and other officers to attend Courts of Tryalls, their necessary charges for dyett and lodging dureing the time of their attend- ance at Courts. shall be paid and borne by the fines and for- feitures due to the Collony.
Voted, In addition to an act made in the yeare one thou-
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AND PROVIDENCE PLANTATIONS.
1679.]
sand six hundred and fifty-eight, entitled, " To prevent inno- vation in the government and liberties of this his Majesty's Collony."
Bee it enacted by this Assembly and the authority thereof. That if any person or persons in this Collony shall presume or endeavour, to putt or subject all or any part of his or their land or lands that are lying and being within the preeinets of this jurisdiction, under the authority of any other government or jurisdiction, he or they soe docing, or any ayding, assisting or abetting to such, shall forfeitt his or their estate both reall and personall, according to the afore-recited act ; or otherwise be fined at the discretion of the Court, before whome he or they shall upon legall tryall, be found guilty of any of the of- fenses aforesaid.
Voted. Upon the petition of Shuball Painter to this Court. for favour: he being in the Court of Tryalls fined thirty shillings. and bound to the good behaviour and appearance at the next Court of Tryalls: it being for his contempt of au- thority, and he declareing himselfe heartily sorry for offense therein : thereupon this Assembly doe see cause to remitt him tenn shillings of his said fine.
Voted, That whereas John Borden was fined at the Generall Court in October last for not attending the jury : and he have- ing petitioned this Court that his fine may be remitted. alleg- ing that he attended part of the Court's sitting, and being chal- lenged off in a pertickular action ; cominge home found one of his children very sick, whereby he was detained from attend- ance. Therefore the Court doe remitt his said fine.
Voted, That Henry Lilly's bill for six pounds. eight shillings, due to him from the Collony, for services done to this 24th of May, 1679, is owned and accepted, and ordered to be paid by the Generall Assembly.
Voted, Whereas the last Assembly in October, dissolved without allowing any sum to the Recorder for copys to the nine townes, under the seale for his attendance eleven days at that Assembly, the Assembly doe agree and order, That the Recorder shall have for the said service, the sum of five pounds,
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RECORDS OF THE COLONY OF RHODE ISLAND, [1679.
ten shillings in or as money ; the same to be paid proportional- ly by each towne.
Voted, That all the copies of this Court's acts shall be given forth by the Recorder, under the seale of the Collony for the respective townes in this Collony, and the same to be ready for each towne within thirty days of the adjournment of this Assembly ; and to be delivered to the Generall Treasurer with- in the said time to be convayed to the severall townes.
Voted, That the Recorder doe draw forth the copys of the prohibition against such as intrude into the Narragansett or Niantiek countrys, and signe the same on behalfe of this As- sembly, and deliver the same unto Sergeant Thomas Nicolls, and to be paid by the Generall Treasurer.
Voted, That the late Generall Sergeant, Thomas Fry's bill for five pounds, six shillings, is owned and accepted, and or- dered to be paid by the Generall Treasurer.
Voted, This Assembly is adjourned untill the first Wednes- day in September next, at Newport, again to meet only if there doe appeare grounds and reasons to the Governor. or in his absence, the Deputy Governor, for their meeting at any time before that time ; then by warrant from the Governor or Deputy Governor, the Assembly are to be convened sooner.
July 9th, 1679.
At the re-meeting of the Generall Assembly, being by the Governor's warrant convened the 9th of July, 1679; it being sooner than the time expressed in the adjournment of this As- sembly.
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