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 9
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Voted, This Assembly haveing appointed a Committee to. purchase a bell for publick use, the said Committee haveing agreed with Mr. Freelove Arnold, &c., for a bell, and have
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
brought the same to this Assembly, haveing engaged the sum of three pounds, tenn shillings, in or as money, for the same, it is ordered, that the said sum of three pounds, tenn shillings . shall be truly paid by the Generall Treasurer of this Collony.
Voted, Capt'n Samuell Gorton, and Mr. Peter Easton, are chosen a Committee to goe to Mrs. Mary Cranston, widow of our honored deceased Governor, John Cranston, Esq., and on behalfe of this Assembly desire and receive an account of what the said late Governor hath in his pertickular memorandums left as to the death of persons within this Collony, and other- wise compute soe farr as they can informe themselves for the time of seven yeares past.
Voted, The Deputy Governor, Capt'n Arthur Fenner, and Capt'n John Greene, are chosen a Committee to draw up some lines to accompany the answer to the severall queries from the Honorable Lords of his Majesty's Privy Councill, the Commit- tee for Forraigne Plantations.
Voted, Mr. Thomas Ward, Capt'n Arthur Fenner, Capt'n John Greene, Mr. Francis Brinley, Mr. John Easton, Mr. Wm. Wodell, and John Sanford, Recorder, they or the major part of them, are chosen, appointed and empowered a Committee to take view of the laws and acts of this Collony, and to putt them into such a method that they may be putt in print ; and they are to take the advice of the Governor and Deputy Gov- ernor, in the extracting and composing the laws now on re- cord, and what they agree on and compose, shall be by them presented to the Assembly in October next, for their approba- tion and confirmation. And they are to have and hold their first meeting on or before Tuesday, the 24th of June next, at the house of Henry Palmer, in Newport ; and soe to meet from time to time as they shall see cause. And the Generall Ser- geant is empowered to give notice to the severall persons of this Committee for their meeting.
Voted, Upon a petition of Mr. John Pococke, presented to the Generall Assembly sitting the 10th of March, 1679-80, and by said Assembly referred to this Assembly, the contents thereof relating to a difference by action between Mr. Christo-
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pher Almy and Mr. Job Almy, plaintiff's, against said John Po- cocke and Mary, his wife, Executrix to the deceased John Al- my, defendant, and was in tryall at the Generall Court of Try- alls, held in October last; this Assembly haveing debated and seariously considered the matter, doe finde that the said action is, and stands in a due course of law, by rehearinge. There- fore doe order and declare, that according to the progress in law, the said action proceed.
Voted, Bee it enacted by this Assembly and the authority thereof, that in all actionall cases brought to the Generall Courts of Tryalls, if either plaintiff or defendant be aggrieved after judgment entered in Court, they may and have liberty to make their appeale to the next Generall Assembly for reliefe, provided such appeale be made in the Recorder's office tenn days' time after judgment entered as aforesaid ; as alsoe such person or persons soe appealinge, shall first pay cost of Court, and give in bond as in case of review, and thereupon execution shall be stopped till the determination of the Assembly be knowne.
Voted, The above-said act shall be forthwith published, by being sett up at the towne of Newport, under the scale of the Collony, and by the Recorder subscribed.
Voted, That the Magistrates and Deputies, during the sit- tinge of the Courts, be allowed and paid out of the Generall Treasury, towards their necessary expenses, after the rate of seven shillings a weeke for each of them, in money, proportion- able to the time of their attendance.
Voted, That the towne of Warwick be eased from sending four jurymen to the Courts of Tryall, and have liberty to send but two jurymen, viz .: one grand juryman, and one for the jury of tryalls.
And that the townes of Newport, Providence, and Ports- mouth, have each of them an abatement of one grand juryman, any act or order in this Collony to the contrary hereof, not- withstanding.
Voted, The Generall Sergeant Edmund Calverly's bill for publike service, haveing been presented and perused, this As-
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RECORDS OF THE COLONY OF RIIODE ISLAND, [1680.
sembly doe allow and order the sum of eighteen pounds, nine- teen shillings, four pence, in or as money, to be paid him out of the Generall Treasury.
Voted, Forasmuch as this Assembly, beinge very sensible of the great disappointment that happens to the members of this Collony by reason of the Courts of Tryalls interfearing with the Generall Assemblys, which proves a great hinderance to the proceedings of either, and that justice bee not retarded : therefore, bee it enacted by this Assembly and the authority thereof. that the Courts of Tryall for the future, be holden at Newport, the last Tuesday in March, and first Tuesday in Sep- tember, annually ; and soe to begin the first Tuesday in Sep- tember next, in this yeare, 1680. And in case any bonds be already taken to the next Court in October, that they shall by virtue hereof, stand good to the said Court in September, as if soe taken ; any law to the contrary hereof in any wise, not- withstanding.
Ordered, That the scale be affixed, and publication hereof, the 14th instant, by beate of the drum in Newport.
Voted, That the letter drawne and presented to this Assem- bly, in answer to a petition from Mrs. Kathrin Gorham, shall be signed by the Clerke of this Assembly.
Voted, That an act of the Generall Assembly in October last past, concerning the payment of the sum of tenn pounds unto Mr. William Harris, by the Generall Treasurer, this Assembly on some presentations and searious debate and consideration, doe see cause to order, and forewarne the Generall Treasurer of this Collony that the said sum, or any part thereof, be not paid unto the said Harris, untill further order from the Gener- all Assembly of this Collony.
Voted, This Assembly, on searious consideration of the rais- ing money for the payment of the Collony's debts, and a stake of money to be in the Generall Treasurer's hands for publicke uses, doe order, that a rate be forthwith assessed in each re- spective towne and place of this Collony ; and that the respec- tive townes and places shall pay the assessments of one hun- dred pounds, in or as money.
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Voted, Bee it enacted by this Assembly and the authority thereof, that if the free inhabitants of any towne or village in this Collony doe or shall neglect to assemble together in such forme or order as by law or custom they are bound or used to doc, and choose such and soe many officers as by law or cus- tom they are to choose : that then it shall be lawfull for the Governor or Deputy Governor, with six Assistants, to order, appoint and constitute under their hands, such officer or offi- cers in the said towne, village or place as shall to them seem meet for the carrying on the affairs depending and being be- tween the Collony and the said towne or village, from time to time ; and alsoe for the carrying on the affaires in the said towne or village, any law or laws in this Collony, to the con- trary hereof, in any wise notwithstanding.
Voted, Bee it enacted by this Assembly and the authority thereof, for the regulating of disorderly selling of all sorts of strong liquors, wine and strong drinke, and setting up tippling houses without lycence in any the respective townes, villages and places of this Collony ; this Assembly seariously weighing the premises, doe order, that the Towne Councills of each re- spective towne, village, or place or major part of them, on le- gall warning meeting are hereby authorized to grant lycences and to suppress any persons that shall sell by retale as afore- said, without or contrary to their order ; and that the offenders shall be lyable to be dealt withall, according to the laws of England ; and pay for the first offence, a fine of forty shillings for their transgression, in or as money ; but in case the respec- tive Towne Councills neglect, then two Magistrates upon just complaint, are authorized to give lycences as well as to sup- press those that disorderly sell as aforesaid ; any law to the con- trary hereof in any wise, notwithstanding.
Voted, Upon petition of Edmund Calverly, Generall Ser- geant, to this Assembly, to have the full result of this Assem- bly what the foresaid Sergeant shall doe with such freemen of this Collony, which the Generall law says their owne bond shall be taken, though in noe reall capacity as the law of Eng- land, requires soe to doe.
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
This Assembly doe enact and agree, that any person or per- sons in this said Collony, though admitted free of this Collony, by any precedent Assembly or Assemblys, shall have his or their owne bond taken by the Generall Sergeant, except his or their estate bee really worth in this Collony one hundred pounds sterling of lawfull money of New England, any law in this Collony to the contrary hercof, notwithstanding.
Ordered, by this Assembly, that Mr. Thomas Ward, Mr. Pe- ter Easton, and William Wodell, or major part of them, are ap- pointed a Committee to auditt the accounts of our Honored Governor, Major Peleg Sanford, Treasurer, and to make re- turne thereof to the next Generall Assembly of this Collony.
And it is hereby further ordered, that the Generall Treasu- rer of this Collony doc annually at the Court of Election pre- sent his accounts to the Generall Assembly, to be auditted.
John Sanford's accounts for his service, being Recorder, and Secretary of the Councill this last year, haveing been debated, the Assembly, doe see just cause to allow him, and doe order, that the sum of ten pounds in or as money, bee truly paid him by the Generall Treasurer.
Voted, The Recorder shall send forth coppys of the acts of this Assembly, unto all the townes of this Collony, under the seale of the Collony, with convenient speed ; and for each copy shall have from each towne the sum of eight shillings, in or as money.
By vote, This Assembly is dissolved.
Wee whoe have hereunto subscribed, being appointed by this Honored Assembly to make search how many persons have de- ceased in this Collony for the time of seven yeares last past, according to the best computation wee can make by the re- cords, wee have the whole number of persons deceased, is four hundred and fifty-five.
May 17th, 1780.
THOMAS WARD, SAMUELL GORTON, . PETER EASTON.
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Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 27th day of October, 1680.
The Governor chosen Moderator.
The Recorder, John Sanford, Clerke.
Voted, Whereas there was an action of debt, bearing date the 18th of March, 1679, commenced by John Pococke, of Newport, plaintiff, against Christopher Almy, of Portsmouth, defendant ; which said action, according to the custom of this Corporation, came to tryall in the Generall Court of Tryalls, held in Newport, aforesaid, in May, 1680, and upon and after the full plea of the matter, the jury found for the plaintiff the debt sued for, with six pence damage and cost of Court ; whereupon the defendant being aggrieved, entered according to law and custom, a review of the case ; which accordingly was fully pleaded in the Generall Court of Tryalls, held in Newport, aforesaid, the 7th day of September, last past ; upon which plea, the jury see cause to find for the defendant cost of Court. Whereupon, the said plaintiff being aggrieved, he ac- cording to law, appealed to this Generall Assembly for reliefe in the said case ; and the said case haveing been fully debated in this Court, and the evidences on both sides thoroughly con- sidered, wee finde that neither plaintiffe nor defendant have in all things performed the covenants whereby they were bound to each other ; whereupon the full and finall determina- tion of the said case, and all and singular the breaches of the said covenants contained in the said covenant or obligation on which or by reason thereof the said action was grounded or commenced : this Court doe determine, and that according to the equity of the said case, the said defendant shall pay unto the said plaintiff the sum of tenn pounds in money, in full per- formance of his said part of the said covenant or obligation,
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
which he was bound to pay ; and that the said plaintiff shall allow the five pounds and the barrill of beife, which the said defendant was to have paid, more than the sum of tenn pounds, as appeares by the said covenant or obligation, in consideration of the damages sustained by the said defendant for and by reason of every the covenants in said covenant or obligation, which ought to have been performed on the part of Mary, his late wife, and reliet of the late deceased John Almy, of Ports- mouth, aforesaid ; and each to beare his owne due.
And further it is ordered, that if the said defendant shall neg- leet to pay or cause to be paid to the said plaintiff the said sum of tenn pounds on or before the first Tuesday in January next ensuing, that the Recorder shall grant forth execution in manner as after judgment entered in the Generall Court of Tryalls. Execution granted forth.
Voted, Whereas Mr. Joseph Clarke, of the towne of Wes- terly, hath petitioned this Assembly for reliefe, for and by rea- son of an unjust sentence passed against him by the Court of Assistants, held October the 7th, at Hartford, in his Majesty's Collony of Connecticut, on pretence that the said Joseph Clarke had been an offender against law in being obedient to Job Badcocke, Constable of the said towne ; whoe haveinge a war- rant under the hands of the Governor and Deputy Governor, bearing date in May last, to apprehend Joseph Richardson of the same place, for useing and exerciseing the office of a Con- stable, or a Deputy Constable, in this jurisdiction, it being on the eastward side of the line by his Majesty's Commissioners appointed, after long debate, to be the dividing line between this Collony and the Collony of Connecticut, and that it was soe to remaine untill Majesty's pleasure were further knowne, in arresting and takeing the body of Thomas Wells, and him keeping prisoner, and compelling the said Thomas Wells to make answer to the said arrest, at a Court held in the jurisdic- tion of Connecticut, aforesaid, notwithstanding the aforesaid' de- termination. As alsoe, it being in this Collony by the express words of his Majesty's gracious grant unto us ; for which sup- posed offence of the said Joseph Clarke, he was apprehended
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at his owne house, being scittuate in the towne of Westerly, aforesaid, above two miles to the eastward of the river, com- monly called Pawcatuck, alias Narragansett River ; and from thence forced and carryed to Hartford, aforesaid, and compelled to make answer to the aforesaid complaint ; and alsoe at the pleasure of the judges fined the sum of tenn pounds, besides all other his loss and damages.
And this Assembly haveing taken his complaint into consid- eration, doe judge themselves obliged to save and keep harm- less the said Joseph Clarke, in his lawfull obedience to the government of his Majesty established in this jurisdiction ; and doe thereupon order, that the sum of thirteen pounds and tenn shillings in money, or other pay equivalent, be paid by the Gen- erall Treasurer of this Collony, unto the said Joseph Clarke, over and above what the said Treasurer hath already paid, in recompence of his aforesaid damage sustained.
Voted, Whereas the Captains of the severall Traine Bands in this Collony are by law strictly required to grant forth their warrants of distraint to levie and distraine all such fines and forfeitures as by law are due, or hereafter shall be due, from all such listed souldjer or souldjers as shall not appeare compleat in their armes on the severall traininge days appointed ; and there attend the millitary exercise of each day.
It is therefore further enacted by this Assembly and the au- thority thereof, that whatsoever Traine souldjer in any of the respective Traine Bands, shall refuse or deny to execute any such warrant or warrants as shall be given forth and signed by the Captain of that company to which the said souldjer or souldjers belongeth, or in the Captaine's absence, then by the Lieftenant or next superior officer, every such souldjer or sould- jers that shall neglect, refuse or deny to execute all or any such warrant or warrants, according to the contents and true meaning thereof, shall-for every of his or their default, pay a fine of tenn shillings, to be taken by distraint in manner as the said fines for defect of not traininge are to be taken ; and said fine or fines of what nature soever relating to the millitary exercise, shall be returned to the Clerke of every respective
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Traine Band, and to be disposed of by the commissioned offi- cers of the said respective Traine Bands, for the use of the said respective Company ; any law, usage or custom to the contrary hereof in any wise, notwithstanding.
Voted, There being intelligence presented to this Assembly from Mr. Deane, in England, that he still demands a considera- ble sum of money of the Executors of Mr. John Clarke.
Therefore it is ordered, that each of the townes concerned in the six hundred pound rate, doe choose two men to auditt the accounts of Mr. John Clarke, that some certaine answer may be returned in behalfe of the Collony at or before the 20th day of February ; and they or the major part of them to meet at the house of Sergant Henry Palmer, in Newport, at the time aforesaid.
Voted, Whereas the Generall Assembly, held the 29th of October, 1679, did upon the petition and request of William Harris, of Pawtuxet, in the towneship of Providence, give or- der to the Generall Treasurer of this Collony, to pay unto the said William Harris the sum of twenty pounds in currant pay, for and in consideration of the sum of tenn pounds paid by him for the use of this Collony in England, to Capt'n Richard Deane; and the said sum ordered to be paid by the Treasurer, aforesaid, to the said Harris, remaining unpaid untill the sitting of the next Generall Assembly, which was held the 5th of May, 1680 ; and then some members of the said last mentioned As- sembly asserting that the said money was already paid unto the said William Harris; whereupon, the said Assembly or- dered a suspension of the payment of the sum aforesaid ; and since the said persons haveing produced no certaine proofe of their aforesaid allegations, this Assembly see cause to order, that the said sum of twenty pounds, currant pay, bee with all convenient speed paid by the Generall Treasurer of this Collo- ny unto the said William Harris, or his assignes ; he or they giveing a sufficient discharge for the same.
Voted, It is ordered by this Assembly, that from henceforth all and every commissioned officer or officers of any of the re- spective Traine Bands in this jurisdiction, shall at the time
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of election of millitary officers be chosen in the same place in the Band that he stood in before, that the Governor renewing his former commission that was under the seale of the Collony, shall be deemed and taken to be a sufficient commission for the said officer to execute his respective office in the said Band, to all intents and purposes, as if a new commission had been given by the Governor, under the seale of this Collony, and attested by the Generall Recorder.
Voted, It is ordered by the Assembly, there appearing a Deed, wherein is contained a purchase of the lands of Poto- womett, by Capt'n Randall Howldon, and assigned by Capt'n Howldon to the Collony's use ; the towne of Warwick laying claime to the same lands, by vertue of a precedent Deed, as is said ; and Capt'n Howldon desiring his aforesaid Deed to be delivered back into his owne custody; therefore it is ordered, that Capt'n Howldon shall have a copy of the Deed's endorse- ment, under the Recorder's hand, delivered; but the originall to remaine in the Governor's hand, untill the next Assembly, and then the two Deeds to be compared. Provided a copy of Warwick Deed be attested, under two Magistrates hands of the towne of Providence.
Voted, It is ordered, for an addition to the law of appeales, that the person appealing, shall enter his reasons of appeale tenn days before the Court appealed unto ; and the defendant hath liberty to take out the reasons of appeale, and give in his answer at the Court; and that the plaintiff take copys of the case from the Recorder, and present the whole case to the Court appealed unto, paying the usuall fees to the Recorder that he hath for copys at the Generall Court of Tryalls, and pay other fees according to the custom of our Courts of Try- alls, to the Sergeant, for calling the case; and noe other fees to the Recorder nor Sergeant, except new evidence be present- ed that was not in the former Courts.
Voted, That the Committee chosen for the regulating of the laws of this Collony be still continued, untill the next Assembly.
Voted, Westerly's petition read and considered, it is or-
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RECORDS OF THE COLONY OF RHODE ISLAND, [1680.
der, that copys of the letters that came from William Blath- waite, Esq., in London, be sent under the Recorder's hand to the towne of Westerly ; and alsoe that the rate of three hun- dred pounds, and the hundred pounds rate that their part of the said two rates be suspended.
Voted, That Elizabeth Holderbee be abated twenty-five shil- lings of her fine, at the Court of Tryalls in September last ; only she is to pay officers' fees.
Voted, That Mr. Joseph Clarke have two copys of this Gen- erall Assembly's acts, about the answer of his petition. And he to leave one of them with the Generall Treasurer, and to have them without paying the Recorder any thing for writinge of them.
Voted by this Assembly, that the widow Sarah Knight, of Newport, haveing petitioned for a confirmation of a share of lands settled by her deceased husband, without Court order in East Greenwich, the matter haveing been considered and de- bated concerning her condition of widowhood, and the damage that will befall her in case the petition be not granted, there- fore, it is agreed by this Assembly, that the widow Knight shall enjoy the foresaid share of land, and possess it upon the same teanure with the rest of the inhabitants of East Greenwich. Provided, the said widow doe pay the sum of forty shillings in money into the hand of the Generall Treasurer of this Collony, within six month's time.
Voted, Upon the request and petition of Benjamin Gorton, to this Court for the remission of his fine at the Court of Tryalls, in May last, this Assembly upon the searious debate and consid- eration of the said petitioner's request, doe see cause to remitt his fine, and returne him his five shillings in money layd down, for his petition.
Voted, That the petition of Job Haukins is referred to the Committee chosen to regulate the laws of this Collony.
Voted, This Assembly doth desire and empower Capt. Samuel Gorton, and Capt'n John Greene, Assistants, to goe with all con- venient speed to Kings Towne, and there require and receive the head Warden and Deputy Warden, and other officers in
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the said towne their engagements, according to the law of this Collony.
Voted, It is ordered, that the acts of this Assembly shall be sent forth by the Recorder, under the seale of the Collony, at- tested by the Recorder, to the severall townes of this Collony, within twenty days; and the Recorder to have five shillings in money, or pay equivalent to money, of each towne, for the said copy.
Voted, This Assembly dissolved November 3, 1680.
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 3d of May, 1681.
Major Peleg Sanford, Governor. Mr. Walter Clarke, Deputy Governor.
ASSISTANTS.
Mr. Thomas Ward,
Mr. Caleb Carr,
Mr. William Coddington,
Mr. Stephen Arnold,
Capt'n Arthur Fenner,
Mr. Joseph Jencks, Major John Albro,
Mr. George Lawton,
Capt'n Samuel Gorton,
Capt'n John Greene.
DEPUTIES.
For Newport. Mr. James Barker, Sen'r, Mr. Edward Thurston. Mr. Peter Easton, Mr. Henry Bull,
Mr. Richard Dunn, Mr. Phillip Smith. VOL. III. 7
For Providence.
Mr. John Whipple, Jun'r,
Mr. Richard Arnold,
Mr. Nathaniell Waterman, Mr. Thomas Harris, Jun'r. For Portsmouth. Mr. Latham Clarke,
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RECORDS OF THE COLONY OF RHODE ISLAND, [1681.
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