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 8
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Voted, That there bee men appointed to run the Westerly line of this his Majesty's Collony of Rhode Island and Provi- dence Plantations, and King's Province, according to the Char- ter, and King's Commissioners' order; and the same to be done by or before the 25th of March next.
The persons chosen and appointed to run the said line, are Capt'n John Albro and Mr. John Smith ; the charge thereof to be duly and truly borne and paid by the Collony. They are to begin that work on the first Tuesday in March next, or the next fair season.
And ordered, That the Generall Recorder doe with all con- venient speed draw up a signification hereof, to be signed by the Governor, unto the government of Connecticut, and therein not only to acquaint, but alsoe desire their loveing and neigh- bourly complyance in running the said Westerly line.
Voted, Upon the petition of Job Haukins, he is granted lib- erty to settle on and improve forty acres of land in the Narra- gansett Country, in the King's Province, untill his Majesty's pleasure be further knowne; provided, the same be in such va- cant lands, that it doth not intrench upon the just right or title of any others.
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1679.
Voted, Upon the petition of John Macandrew, alias An- drews, to this Generall Assembly, that they would be pleased to remitt the sentence of the Generall Court of Tryalls against him. The reasons contained in the said petition being the great infirmity of his body, and the smallness of his estate ; which said reasons being to us made apparent, and alsoe there being no evidence against him but the woman's accusation, and his incapacity to maintaine his family. Upon the considera- tion whereof, this Assembly doe remitt and take off the corpo- rall punishment due to him, the said John Macandrew, by the law of this Collony ; and alsoe five pounds of the pecuniary mulet or fine, due by the law aforesaid. And alsoe this As- sembly doe hereby further order, That the Recorder shall not grant forth execution for the remainder of the fine due by law, untill the Generall Assembly give order for it, hopeing that this our clemency and good will, will not in any wise encour- age him nor any others to offend against law in the like manner.
Voted, This Assembly doth recommend to the Councill of the towne of Portsmouth, that they are desired to desire Mary Pococke, the Executrix of the late deceased John Almy, to give an account of what is become of the estate of the said late deceased John Almy, left by the Councill of the said Ports- mouth, in her custody. It being reported that the said Exe- cutrix hath paid and disbursed for payment of said Almy's debts farr more than the estate left in the possession of the Executrix. And the Councill are desired to make returne thereof to the next sittinge of this Assembly.
Voted, This Assembly is adjourned untill Tuesday, the 2d day of December next.
December the 2d.
According to the aforesaid adjournment the Assembly called and satt.
Voted, The reasons presented by the Committee appointed by this Assembly to returne .to them their understandings concerning the case of John Albro, Jun'r, and Margarett Hall,
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for the barring of judgment goeing forth against them, are ac- cepted, and the Assembly doe therefore order, That judgment shall not goe forth against them, nor either of them.
Voted, Whereas, there was an action of unjust mollestation commenced by Christopher Almy, plaintiff, against John Po- cocke, defendant, at the Generall Court of Tryalls held for this his Majesty's Collony in October last past, and the said action being prossicuted, the jury brought in for the plaintiff; and the said Court haveing suspended judgment for the present, and the matter or consequence thereof being referred to this As- sembly, and wee haveing seariously considered and debated on the premises, doe sec cause to transfer and returne the matter to the wisdome and consideration of the Generall Court of Tryalls, together with our opinions, which are that all cases of that nature are not actionall, and suppose judgment in this present case ought to be barred forever.
Voted, Whereas William Harris, of the towne of Providence, haveing petitioned this Assembly for the sum of ten pounds by him paid in England, on the Collony's account, by him paid to Capt'n Richard Deane, about nine yeares since, this Assem- bly, upon the searious consideration of the said demand, doe see cause, and hereby doe order, That the said sum be truly paid by the Generall Treasurer of this Collony, unto the said Harris, with all convenient speed.
Voted, Upon the presentation of Capt'n John Albro, Assist- ant, for the sum of three pounds, twelve shillings, four pence, in or as money, by him disbursed, being arrested as an Assist- ant of this Collony, at the complaint of Mr. John Saffin, of Boston, to the Court at Boston, 28th of October, 1679, this Assembly doe owne the said demand, and doe order, That the said sum of three pounds, twelve shillings, four pence, shall be paid unto the said Capt'n John Albro, by the Generall Treasu- rer of this Collony.
Voted, This Assembly, upon the searious consideration of the great necessity for the more full and cleer statinge of the laws of this Collony, concerninge probato of wills and intes- tates, order, That a Committee be appointed and empowered
;
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
by this Assembly to draw up some more eleer method in mat- ters of that nature, and make returne of what they agree on, and shall draw up, unto the next sitting of this Assembly, or else unto the Generall Assembly in May for their approbation. And alsoe they, or the major part of them, are empowered to draw up and present, as aforesaid, such other matters as to them shall seem necessary and needfull for the publick good of this Collony.
The persons chosen and empowered, are the Governor, the Deputy Governor, Mr. Thomas Ward, Capt'n John Albro, Mr. Wm. Wodell.
Voted, This Assembly is adjourned untill Monday, the 5th of January next.
January 5th, 1679-80.
Accordinge to the aforesaid adjournment, the Assembly satt.
Voted, That a Committee be chosen and appointed by this Assembly to draw up a letter to his Majesty on the behalfe of this Collony, and to represent what they draw up, unto this Assembly for confirmation.
The persons chosen, are Mr. Thomas Ward and Capt'n Sam- uell Gorton, Assistants, Mr. James Barker, Capt'n John Foanes, and John Sanford, Recorder.
Voted, The returne of the Committe for drawing up a letter to his Majesty, haveing been openly read, is approved ; only in the transcript, it is referred to the Governor, the Deputy Gov- ernor, and John Sanford, to amplify the same, as to the method .*
* Letter from Governor Cranston to the King.
Most Gracious and dread Soveraigne :
Your Majesty's humble and leige subjects of your Collony of Rhode Island and Providence Plantations, &c., haveing sensibly tasted and experienced soe largely of your Royall favours, bounty and benignity, with that Princely care to preserve and uphold us in peace and quietness in the enjoyment of those priviledges your Majes- ty hath been pleased to bestow upon us your unworthy subjects in these remote parts, by your Royall letters Pattents, for which we are for ever oblidged to render
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Voted, Upon a petition of Mrs. Elizabeth Cunnigrave, unto this Assembly, therein declareing that she by reason of age
all submissive and humble acknowledgements. And therefore, in all humility we loe still beseech and humbly pray, that your Majesty will please to extend and con- inue your Royall grace and favour unto us, in our preservation from any that may endeavor to deprive or eclipse the same, and that your Majesty will be graciously p'eased in your Royall favour to us, not to receive or entertaine any information against us. So as that absolute determination should be to our inconveniency, till we may have opportunity to answer in our owne defence, and for your Majesty's further information as to your Majesty's Province. And although by reason of many disturbancys aud interruptions from the Collony of Connecticut, &c., prosc- cuted with great vigor, to the great detriment and damage, of many your Majesty's subjects in this Collony, which might have occasioned us to represent the same to your Majesty at large by our humble addresses, for default whereof, we humbly grave pardon ; being very much incapacitated to affect the same, by reason of the great ruins, made and received by the late war with the natives, and whereby we have been constrained to sit under the burthen of many annoyances for want of ability to present our grievances unto your Majesty ; whereby we only from your Majesty pray reliefe.
And whereas, there hath been a long continued difference betweene your Majes- ty's Collony of Connecticut and our selves concerning right of jurisdiction, to whom formerly we have offered severall times to represent the matter to your Majesty's Royall determination, but they would not condescend thereunto. But now in this juncture of time, we haveing received an intimation from the Collony of Connecti- cut, concerning their intention to send an Agent or Agents, to plead their cause before your Majesty, and soe may endeavour, by extraordinary expedition to ren- der us negligent or defective; they giveing us no account of the time when they would send. Wee doe humbly besecch your Majesty's favourable construction on our behalfe, soe far as that we may have time and opportunity granted to make our reply ; and that your poore yett loyall and hearty subjects, may allways re- maine in your especiall protection (we being encompassed with many oppositions), that thereby we may be preserved from the violence of others, and be only respon- sible to our Soveraigne Lord the King, to make our true defence against complaints (that in envy to us) may be represented to your Majesty.
And most dread Soveraigne, in all loyall obedience and bounden duty to your sacred Majesty, we prostrate our selves and cause at your Majesty's feet, begging your Majesty's gracious pardon for what weakness herein may appeare in us, with our hearty prayers to Almighty God to grant your Majesty a long, peaceable and happy reigne. In all humillity we subscribe our selves your Majesty's most faith- full subjects, and oblidged servants, the General Assembly of your Majesty's Col- lony of Rhode Island and Providence Plantations, &c., sitting at Newport, the 6th of January, 1679-80.
(Signed.)
JOHN CRANSTON, Governor.
Postcript. And most gracious Soveraigne, according unto your Majesty's Royall commands from your Court of Windsor, by your Royall letters bearing date the 9th of July, 1679, concerning verdicts of jury and judgments of an especiall Court
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680
and weakness, is unable to gett a livelihood, and is in wants, this Assembly, upon searious consideration of her condition, doe referr and remitt that matter unto the towne of Newport, as being proper to them to take effectuall care and course amongst themselves, for the supply of the said Elizabeth Cun- nigrave.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 10th of March, 1680.
The Governor chosen Moderator.
John Sanford chosen Clerke.
Voted, That a Committee be chosen and appointed, to bee assistant to the Governor, to consider of, and draw up an an- swer to the twenty-seven queries sent from the Lords of his Majesty's most Honorable Privy Councill, to this Collony, and returne what they draw up to this Assembly for their consid- eration and approbation.
of Commissioners in favour of William Harris and partners, .the said Court being held at Providence (and began the 3d day of October, 1677), against John Towers, of Hingham; Mr. Gregory Dexter, Capt'n Arthur Fenner and the towne of Provi- dence ; John Harrod, Roger Burlingham, and Thomas Relph and Edmund Calver- ly, &c., we doe in all humble manner herewith present at your Majesty's feet, our proceedings in those affaires, which we would have sent in the ship that William Harris went lately for England in ; but William Harris was soe secret and private in his voyage, that be never come to us to know what we had done, by way of re- turne to your Majesty, neither did he let us know of his goeing. And great Sir, doe subscribe, and in all humillity acknowledge our selves your Majesty's most faithfull subjects ; the Governor and Magistrates of your Majesty's Collony of Rhode Island and Providence Plantations, &c.
(Signed.) JOHN CRANSTON, Governor. Dated at Newport, the 6th day of January, 1679-80.
(Addresed ) To our dread Soveraigne Lord, Charles the Second, King of Great Britain, France and Ireland, Defender of the Faith, &c.
(Indorsed.) Rhode Island, 6th January, 1679-80. From the Collony of Rhode Island, to the King. Received from the Earl of Sunderland, the 30th of June, 1680 .- J. Carter Brown's Ms. Vol. II. No. 126.
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AND PROVIDENCE PLANTATIONS.
1680.]
The persons appointed and chosen, are the Deputy Govern- or, Mr. Thomas Ward, Mr. James Barker, Mr. John Coggeshall, Capt'n Arthur Fenner, Mr. John Whipple, Mr. Joseph Jencks, Lieut. William Codman, Mr. William Wodell, Mr. Peleg Tripp, Capt'n Samuell Gorton, Mr. Thomas Greene, Capt'n John Greene, Mr. John Maxon, Mr. John Williams, Capt'n Edward Richmond, and Capt'n John Foanes.
Voted, This Assembly is adjourned till to-morrow, one of the clock, after noone.
March the 11th.
The Assembly called and satt.
Voted, Whereas the Governor, who was chosen Moderator of this Assembly, is by God's Providence soe visitted with sickness, that he is detained from the Assembly ; and there being severall matters of great concerne to this Collony, for which the Assembly was called, that are of necessity to be re- solved by the Assembly, this Assembly doe judge and con- clude, That by the Charter and former precedent in the like case, that dureing the time of the Governor's absence from this present Assembly, the Deputy Governor supply the place of Moderator of this Assembly.
Voted, This Assembly is adjourned till Monday, the 15th instant.
March 15th.
The Assembly called and satt.
Voted, In order to the funerall of our honored deceased Governor, John Cranston, this Assembly is adjourned till to- morrow morning, eight of the clock.
March 16th, 1680.
The Assembly called and satt.
Voted, Whereas it hath pleased God, that our honored Gov- ernor, John Cranston, deceased since the time of this Assem- bly's sitting (on the 12th of this instant nronth), this Assembly doe conceive it of necessity, and doe order and agree to pro- ceed to the election of another in his roome or stead.
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RECORDS OF THE COLONY OF RIIODE ISLAND, [1680.
Major Peleg Sanford chosen Governor, and engaged in open Assembly.
The Governor chosen Moderator.
Voted, The Deputy Governor, Capt'n Arthur Fenner, Mr. John Coggeshall Capt'n Randall Howldon, Mr. Peleg Tripp, and John Sanford, are chosen a Committee to goe to Mrs. Mary Cranston, widow to our late deceased honored Governor Cran- ston, Esq'r, for the Charter, and all other writeings belonging to the Collony, that were in the late Governor Cranston's cus- tody, and have power to give the said Mrs. Cranston a full dis- charge in behalfe of this Assembly for what they receive ; who are to returne the same to this Assembly forthwith.
Voted, The Committee to goe to Mrs. Cranston for the Charter, &c., they haveing returned to this Assembly, the Char- ter and other particulars mentioned in their receipt, this As- sembly have received them ; and they are in this present As- sembly delivered to the present Governor's custody.
Voted, Whether an Agent be forthwith sent for England, or that for the present the sending of an Agent be suspended. The major vote was for the negative, that the sending of an Agent be at present suspended.
Voted, It is ordered, that moneys be raised, and that the re- spective townes and places in this Collony shall pay each re- spective towne and place their just and equall proportion of all such charges and assessments as the Generall Assembly shall see cause for the sending an Agent for England. And this to be recommended to each severall and respective towne and place in this Collony, and that each of the said severall and re- spective townes and places, shall give a true returne according to the best of their understanding, what each severall towne will and can conveniently pay towards the disbursement for sending an Agent for England, if the Generall Assembly sec cause ; and all such returnes to be made from each respective towne and place to the Generall Assembly that shall be in May next.
Voted, Whereas there was an act of the Generall Assembly, in October last, for running of the Westerly line of this Collo-
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1680.]
ny, which by reason of the wetness of the weather, and the height of the rivers and ponds, it could not conveniently be done according to the time appointed by the said Assembly ; this Assembly, upon searious and mature deliberation, conceive and judge it of necessity, that the said Westerly line be speedily run and sett : doe therefore order and enact, That the said Westerly line, or soe much of it as conveniently may now be done, shall be sett and marked, according to the survavers' dis- cretion, soe farr as they shall see convenient, from the sea.
The persons chosen and appointed to run the said line, are Capt'n John Albro, whoe was afore-appointed, and ( whereas John Smith, whoe was afore-appointed, beinge removed out of this Collony ) Mr. Peleg Tripp is in his stead added to Capt'n John Albro, for the performance of that worke.
And it is ordered, That the said Capt'n John Albro and Mr. Peleg Tripp shall bee kept indemnified for their acting. in run- ning the said line. And the charges, both to themselves and such as they shall employ in that worke, shall be truly borne and paid by the Generall Treasury of this Collony. And they are to begin and proceed in the premises, with what speed may bee, and make a true returne of what they doe therein, unto the next Generall Assembly.
Voted, Upon a petition of Richard Pray, unto this Assem- bly, for the remitting a sentence of the Generall Court of Try- alls, in October, 1678, against him for the sum of tenn pounds by him forfeited, beinge bound, and not acordingly attending said Court of Tryalls ; and in his pleadinge God's hand upon him by sickness, to be the absolute occasion of his non-appear- ance at said Court, which assertion of his was made to appeare to this Assembly, and alsoe considering the poverty of the pe- titioner, this Assembly doc see good cause, and doe remitt the forfeiture of the said Richard Pray's bond, and the sentence of the said Court thereon, he paying the Recorder's fees.
Voted, Upon a petition of Benjamin Hernden, of Providence, unto this Assembly, for the remittinge a sentence of the Gen- erall Court of Tryalls, against his wife Elizabeth, in October, 1678, he pleading his great poverty, and the debillity of both VOL. III. 6
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
himselfe and wife, with some other reasons to the satisfaction of the Assembly, this Assembly see cause, and doe absolutely remitt the said fine and sentence of the said Court against the said Elizabeth Hernden, fees being paid to the officers.
Voted, Upon a petition of Samuell Comstock unto this As- sembly, for the remitting of a fine and sentence of the Gen- erall Court of Tryall, held in October, 1678, against him, for the sum of forty shilling, and in his said petition rendering such reasons as are to the Assembly's satisfaction, this Assem- bly sce good cause, and doe remitt his said fine, he the said Comstock paying officers' fees.
Voted, Upon a petition of Joseph Card, of Newport, unto this Assembly, for the remitting a fine, by the Generall Court of Tryall, held in October, 1678, of twenty shillings, for not at- tending said Court on the jury, and he pleading illness and sickness at that time, this Assembly doe remitt the said Joseph Card's fine.
Voted, Upon the presentation of Lieut. John Dexter, of Providence, for the remitting a fine of tenn shillings, layd upon him for not attending the jury of the Generall Court of Tryalls, held in October last, this Assembly doe see cause to remitt the fine.
Voted, Upon the information of Mr. John Whipple and Mr. Joseph Jenks, that Samuell Tieft, though chosen a jury-man by the towne of Providence, to attend the jury at the Generall Court of Tryalls, held in May last, yett had noe warninge by the Sergeant, and he the said Tieft, beinge by said Court of Tryalls, fined twenty shillings, this Assembly doe see cause to remitt the said Tieft's fine.
Voted, Upon a presentation from John Tillinghast, of Provi- dence, whoe was fined the sum of twenty shillings, for not at- tendinge the jury at the Generall Court of Tryalls, held in Oc- tober last, and reasons being rendered to the Assembly's satis- faction, this Assembly doe see good cause to remitt the said Tillinghast his fine.
Voted, That the Recorder doe forthwith transcribe the acts of this Assembly for runninge the Westerly line of this Collo-
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ny, and affix the seale of the Collony thereto, and deliver the same unto Capt'n John Albro, and Mr. Peleg Tripp, or either of them.
Voted, That the Recorder doe send forth copys of the acts of the Generall Assembly in October last, under the seale of the Collony. And alsoe the acts of this Assembly under the seale, unto every towne of this Collony ; and shall be paid from each towne the sum of eleven shillings, in or as money for the said copys.
This Assembly is dissolved.
March 17th.
Proceedings of the Generall Assembly held for the Colony of Rhode Island and Providence Plantations at Newport, the 4th of Muy, 1680.
Major Peleg Sanford, Governor. Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. Caleb Carr, Mr. John Whipple, Jun'r,
Mr. Thomas Ward,
Mr. Joseph Clarke,
Mr. Stephen Arnold,
Capt'n Samuel Gorton,
Capt'n Arthur Fenner,
Mr. Thomas Greene.
DEPUTIES.
For Newport. Mr. William Coddington,
Mr. Peter Easton, Mr. Benedict Arnold, Mr. Henry Bull,
Capt'n John Greene, Mr. Benjamin Smith, Mr. John Potter.
For Westerly. Mr. Tobias Saunders,
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Capt'n John Albro,
John Sanford.
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
DEPUTIES.
Mr. Henry Tew, Mr. Edward Thurston. For Providence.
Mr. John Thornton,
Mr. Pardon Tillinghast,
Mr. James Mathewson,
Mr. Edward Smith. For Portsmouth. Mr. George Lawton,
Mr. William Wodell,
Capt'n William Correy,
Mr. John Borden. For Warwick. Mr. Randall Howldon,
Mr. Robert Burdick. For New Shorcham. Mr. John Sands. For Kings Towne.
For East Greenwich. Mr. John Spencer, Mr. John Heath.
For James Towne.
Capt'n John Foanes, Ensign Nicholas Carr.
The Governor chosen Moderator. John Sanford chosen Clerke of this Assembly.
Voted, John Correy and George Manchester, being freemen of Portsmouth, are admitted freemen of this Collony.
Voted, Oliver Arnold and George Havens being freemen of Jamestowne, are admitted freemen of this Collony.
Voted, This Assembly is dissolved.
At the Generall Assembly and Election held at Newport, the 5th of May, 1680, at the house of Robert Lovis.
The Assembly consisted of the above written Governor, Deputy Governor, Assistants and Deputys.
The Governor, Major Peleg Sanford, chosen Moderator.
Jobn Sanford chosen Clerke of this Assembly.
Voted, The Clerke of this Assembly is appointed to write the names of those that bring in their votes, and the names of all that are brought in by proxies.
Voted, Mr. Thomas Ward and Capt'n John Albro, are chosen to open the proxies.
Voted, That Mr. William Wodell and Capt'n John Foanes are
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chosen to receive the votes that are brought in, and take care that each person bring in but one vote, and putt the votes into the hatt.
By the Election was chosen the following, who were sever- ally engaged.
GOVERNOR.
Major Peleg Sanford, DEPUTY GOVERNOR. Mr. Walter Clarke. ASSISTANTS. Mr. Thomas Ward,
Mr. Caleb Carr,
Mr. William Coddington,
Mr. Stephen Arnold,
Capt'n Arthur Fenner, Mr. Joseph Jenckes.
Capt'n John Albro,
Mr. George Lawton, Capt'n Samuel Gorton,
Capt'n John Greene. RECORDER.
John Sanford.
GENERAL TREASURER.
Mr. Edmund Calverly. GENERAL TREASURER. Major Peleg Sanford. GENERAL ATTORNEY.
Mr. Weston Clarke.
SOLICITOR.
Mr. Robert Williams.
MAJOR. Capt'n John Albro,
Voted, Major John Albro, Mr. Henry Tew, Mr. Joseph Jenckes, Capt'n John Greene, Mr. Tobias Saunders, Capt'n John Foanes, and Capt'n John Sands, with the Generall Sergeant, are chosen and appointed a Committee to hand the Charter to this As- sembly
Voted, Mr. Joseph Jenckes, Mr. George Lawton, and Capt'n John Greene, are chosen and empowered to purchase and pro- cure a bell, to be sett and placed in some convenient place, for the publick use of this Collony, and for giveing notice, or sig- nifying the severall times or sittings of the Assemblys and Courts of Tryalls, and Generall Councills, and what they agree and engage for payment, shall be borne and paid by the pub- lick Treasurer of this Collony.
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