USA > Rhode Island > Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V > Part 32
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
God save the King.
The Lords Commissioners, d.c., to the Governor and Company of Rhode Island.
Whitehall, March 13, 1752.
Gentlemen :- In obedience to His Majesty's command, signified to us by his or- der in council, of the 11th instant, containing regulations with respect to His Maj- esty's colonies and plantations in America, and the conduct of governors and other officers there, we herewith transmit you a copy of said order, that you may govern yourselves accordingly.
So we bid you heartily farewell, and are
Your loving friends and humble servants,
DUNK HALIFAX,
J. PITT,
FRAN: FANE,
J. GRENVILLE,
JAMES OSWALD, DUPPLIN,
CHARLES TOWNSHEND, ANDREW STONE.
To the Governor and Company of Rhode Island.
Secretary Holdernesse to Governor Greene.
Whitehall, March 30th, 1752.
Sir: - I have His Majesty's command, to transmit to you, the copy of an order in council, calculated for the future regulation and government of His Majesty's American colonies; and likewise send you enclosed, the copy of a letter which the King has dirceted me to write to the lords commissioners of trade and plantations, explaining the method in which it is his royal pleasure their lordships should put in execution the said order of conneil ; and you will accordingly receive an addi- tional instruction, from the said lords commissioners for trade and plantations, di- recting you for the future to address your letters to their lordships only, except in such cases, as may require His Majesty's more immediate directions; and it is the King's pleasure that you should, for the future, conform yourself to the said order of council.
351
AND PROVIDENCE PLANTATIONS.
1752.]
But where, as it may happen, that circumstances of a very high and important nature may arise, which may require the utmost secrecy, it is the King's pleasure, that if any such occur, within the district of your government, you should forthwith, with the utmost diligence and exactitude, transmit an account thereof to one of Ilis Majesty's principal secretaries of state only ; and you are, in such case, to follow all orders and directions, which His Majesty shall think proper, to dircet one of nis principal secretaries of state to transmit to you in consequence thereof.
I am, sir, your most obedient servant,
HOLDERNESSE.
To the Governor of Rhode Island.
Order of the King in Council.
At the Court, at St. James, the 11th day of March, 1752.
Present, The King's Most Excellent Majesty,
Lord President,
Earl of Harcourt,
Lord Privy Seal,
Lord Berkely, of Stratton,
Lord Chamberlain,
Lord Cornwallis,
Duke of Atholl,
Mr. Vice Chamberlain,
Duke of Newcastle,
Mr. Chas:, of the Exchequer,
Earl of Holdernesse,
Lord Chief Justice Willes,
Earl of Jersey,
Sir John Bushout,
Earl of Cholmondely,
Sir John Ligonier,
Earl of Buckinghamshire,
Sir George Lee.
His Majesty, having taken into his consideration the flourishing state and condi- tion of the manufactures, trade and commerce of these kingdoms ; and also the state and condition of his colonies and plantations in America, and elsewhere, with respect as well to their trade and commerce, as to their civil policy and government ; and whereas, it doth appear to His Majesty, that the said colonies and plantations have of late years, been greatly improved, the wealth of his subjects much increased, and the navigation of these kingdoms extended by the mutual intercourse between them and the said colonies, and by the trade and commerce arising therefrom ; and His Majesty being sensible of how great importance it is to His crown and govern- ment, and how much it will contribute to the satisfaction, convenience and ad- vantage of his subjects, that all due care be taken, and proper and necessary regu- lations made, for the further improvement and extension of the manufactures and commerce of these kingdoms, and for the encouragement, protection and security of the said colonies and plantations,-
His Majesty therefore, is graciously pleased, with the advice of His privy council, to order, and it is hereby ordered, that the lords commissioners for trade and plan- tations, do, with all diligence, care and concern, apply themselves to a faithful and vigorous execution and discharge of all the trusts and powers vested in them by their commission, under the great seal.
And whereas, nothing can more effectually tend to the peace, welfare and good government of the colonies and plantations, than the appointment of able, discreet
352
RECORDS OF THE COLONY OF RHODE ISLAND
[1752.
and prudent persons to be governors, lieutenant governors, and other officers and magistrates ;-
It is therefore hereby further ordered, that the said lords commissioners for trade and plantations, do, from time to time, as vacancies shall happen by deaths or re- movals, present unto Ilis Majesty in council, for his approbation, the names of such persons as the said commissioners, from the best of their judgment and information, shall think duly qualified to be governors or deputy governors, or to be of His Majesty's council, or of his counsel at law, or secretaries in the respective planta- tions ; and likewise, to present to His Majesty, for his approbation, the names of all other officers which have been, or may be found necessary for the administra- tion of justice, and the execution of government there ; excepting only such as are, or may be appointed for the direction and regulation of His Majesty's customs and revenues ; and such as are, or may be under the directions and authority of the lords commissioners of the admiralty.
And when any persons shall have been approved of by His Majesty in council, for any of the above mentioned offices, the said lords commissioners shall (unless His Majesty shall otherwise direct) prepare and make out proper draughts of such com- missions, warrants or instructions, as may be thought necessary to be given to such officers, in order to be laid before His Majesty, in council, for his royal approba- tion ; and when any persons shall be presented to His Majesty, for any of the other offices of an inferior nature, not judged necessary to be laid before His Majesty in council, and yet shall have otherwise received His Majesty's approbation, the said lords commissioners shall, in those cases (unless His Majesty should otherwise di- rect), prepare and make out proper draughts of commissions, or warrants necessa- ry to be given to such officers, in order to be laid before His Majesty, for his royal approbation accordingly.
And it is hereby further ordered, that the said lords commissioners for trade and plantations, do execute and perform all other things necessary or proper for an- swering the intentions of their said commission.
And whereas, the governors of all His Majesty's colonies and plantations, in America, more immediately under His Majesty's government, are, in particular cases, as well as in general, directed by His Majesty's instructions to transmit unto Ilis Majesty, by one of Ilis principal secretaries of state, and to the commissioners for trade and plantations, accounts from time to time of all their proceedings, and of the condition of affairs within their respective governments.
And whereas, it will tend to the benefit of the said colonies, the ease and conven- ience of Ilis Majesty's subjects, and the greater regularity and despatch of business, if the correspondence be confined and pass through but one channel,-
It is therefore further ordered, that the said lords commissioners do prepare the draught of an additional instruction to be sent to the governors of all His Majesty's said colonies and plantations respectively ; signifying His Majesty's pleasure, that in all cases wherein, by His Majesty's instructions, they are directed to transmit any par- ticular or general accounts of their proceedings, or of matters relative to their gov- ernments, they do, for the future, transmit the same to the lords commissioners for trade and plantations only, in order that they may be laid before His Majesty.
Provided, neverthertheless, that whenever any occurrences shall happen within their respective governments of such a nature and importance as may require Ilis Majesty's more immediate directions, by one of Ilis Majesty's principal secretaries of state ; and also upon occasions, and in all affairs, whereon they may receive His
353
AND PROVIDENCE PLANTATIONS.
1752.]
Majesty's orders, by one of his principal scretaries of state, the said governors shall, in all such cases, transmit to the secretary of state only, an account of all such oc- currences, and of their proceedings relative to such orders.
And it is hereby further ordered, that a copy of this order, be transmitted to the said lords commissioners for trade and plantations, to be entered upon the books of the plantation office ; and that the said commissioners do likewise transmit copies thereof, to the governors of His Majesty's colonies and plantations, respectively, to the end that all persons concerned, may govern themselves accordingly.
WM. SHARPE.
Secretary Holdernesse to the Board of Trade.
Whitehall, 30th March, 1752.
My Lords :- An humble representation having been laid before the King, setting forth the present flourishing state of His Majesty's colonies in America, as well with regard to the number of inhabitants, as to the increase of trade in those parts of His Majesty's dominions ; and that it is highly necessary that the greatest eare and attention should be had to the good government of, and regular administration of justice in the said American colonies, His Majesty was graciously pleased to re- fer the said representation to a committee of the King's Most Honorable Privy Council, directing them to consider of the properest means for obtaining this desira- ble end ; and the same committee having made thereon their humble report to the King, His Majesty was pleased to direct an order of council, a copy of which is herewith enclosed, and to which Your Lordships will please to conform yourselves hereafter.
And whereas, Your Lordships are hereby directed to prepare a draught of an additional instruction to be sent to the governors of all His Majesty's said colonies and plantations, directing them to correspond for the future with Your Lordships only ; excepting in such cases, as may require His Majesty's more immediate diree- tions ; I have His Majesty's command to signify to Your Lordships, that it is the King's pleasure you should transmit to one of His Majesty's principal secretaries of state, in order to their being laid before the King, all such letters as shall for the future be addressed to you, from any governor, or other person or persons acting as such, in any of His Majesty's colonies or plantations, in America, which may in any wise relate to his or their conduct towards the governors or other chief officers, of any foreign prince, power or potentate, whatsoever ; as also such letters as may relate to the transactions of any foreign governor or other officer, towards them, or any of His Majesty's subjects under their direction and regulation.
And also, that Your Lordships should, in like manner, transmit unto one of His Majesty's principal secretaries of state, a draught of such answers, as you shall pre- pare to be given to any such letter or letters, as shall fall within the abovemention- tioned description, in order to its being laid before His Majesty, for his royal ap- probation ; and Your Lordships are hereby directed not to transmit to any of His Majesty's governors, or other person or persons acting as such, any orders or di- rections, relating to his or their conduct, so far as it may affect or be any wise con- strued to affeet, any foreign prinee, power or potentate, whatsoever, until the same shall have received the King's approbation, signified to Your Lordships by one or His Majesty's principal secretaries of state.
VOL. V. 45
354
RECORDS OF THE COLONY OF RHODE ISLAND
[1752.
As to all other matters of correspondence, which shall from henceforward pass between Your Lordships and the respective governors in America, you will please to proceed in the usual manner.
And whereas, Your Lordships are further directed by the said order of council, from time to time, as vacancies shall happen by deaths or removals, to present unto His Majesty, for his approbation, the name or names of such person or persons as Your Lordships, from the best of your judgment and information, shall think duly qualified, to be governors or deputy governors, or to be of His Majesty's council, or of his counsel at law, or secretaries in the respective plantations; and likewise to present to His Majesty, for his approbation, the names of all other officers, which have been, or may be found necessary for the administration of justice, and the execu- tion of government there, excepting only such as are, or may be appointed for the direction and regulation of His Majesty's customs and revenues, and such as are, or may be under the directions and authority of the lords commissioners of the ad- miralty.
I have the King's directions, to inform Your Lordships of his royal intention, as to the manner of your proceeding herein, viz. : that in all such cases, where the names of proper persons for any of the offices above mentioned, have usually been laid before His Majesty in council, Your Lordships are to follow the same method for the future.
And in all other cases provided for by this order of council, Your Lordships are to transmit to one of His Majesty's principal secretaries of state, to be by him laid before the King, for His Majesty's approbation, the names of such persons as you shall judge the most capable of executing any such office or trust, as specified in the above mentioned order of council. I am, my Lords,
Your Lordships' most humble servant,
HOLDERNESSE.
To the Lords Commissioners of Trade and Plantations.
Copy of an Instruction from His late Majesty, to all his Governors in America.
Whereas, the governors of such of our colonies and plantations, in America, as are more immediately under our government, are, in particular cases, as well as in general, directed and required by our instructions to transmit unto us by one of our principal secretaries of state, and to our commissioners for trade and planta- tions, accounts from time to time, of all their proceedings, and of the condition of affairs within their respective governments.
And whereas, it doth appear to us, that it will tend to the benefit of our said colonies and plantations, the case and convemence of our subjects, and the greater regularity and despatch of business, if the correspondence be confined to, and pass through but one channel ;-
It is therefore our express will and pleasure, that in all cases wherein, by our in- structions, you are directed to transmit any particular or general accounts of your proceedings, or of matters relative to the affairs of our province under your gov- ernment, you do for the future, transmit the same to our commissioners for trade and plantations only, in order that they may be laid before us.
Provided, nevertheless, and it is our express will and pleasure, that whenever
355
AND PROVIDENCE PLANTATIONS.
1752.]
any occurrences shall happen within our said province under your government, of such a nature and importance as may require our more immediate direction, by one of our principal secretaries of state; and also upon all occasions and in all affairs whereon you may receive our orders by one of our principal secretaries of state, you shall, in all such cases, transmit it to our said secretary of state, only, an ac- count of all such occurrences, and of your proceedings relative to such orders.
The Lords Commissioners of Trade and Plantations to the Gov- ernor and Company of Rhode Island.
Whitehall, April 28, 1752.
Gentlemen :- We herewith enclose to you, an instruction from their Excellen- cics, the Lords Justices, directing and requiring you to cause a truc and authentic copy to be made of all the laws now in force within the colony of Rhode Island, and totransmit the said copy to us, in order to be laid before His Majesty, in his privy council, to which you will not fail of paying a due obedience.
So we bid you heartily farewell, and are Your very loving friends and humble servants,
DUNK HALIFAX, DUPPLIN, CHARLES TOWNSHEND.
J. PITT,
To the Governor and Company of Rhode Island.
By the Lords Justices Granville P. Gower, C. P. S. Marlborough, Holdernessc.
Whitehall, April 16, 1752.
Instructions to the Governor and Company of the colony of Rhode Island and Providence Plantations, in America, for the time being. Given at Whitehall, this 16th day of April, 1752, in the twenty-fifth year of His Majesty's reign.
Whereas, by the charter granted by His late Majesty, King Charles the Second, to the Governor and Company of Rhode Island and Providence Plantations, in New England, in America, bearing date at Westminster, the 8th day of July, in the fifteenth year of the said King's reign, the said Governor and Company, are em- powered to make, ordain, constitute or repeal such laws, statutes and ordinances as to them shall seem meet for the good and welfare of the said company ; provided, such laws, statutes and ordinances be not contrary and repugnant, but as near as may be, agreeably to the laws of this realm of England.
And whereas, appeals are frequently brought before Ilis Majesty, in His privy council, from the judgment and decrees made in the several courts of judicature, within the said colony, the determination whereof depends upon being duly in- formed of the laws subsisting within the same ;-
It is therefore His Majesty's will and pleasure, and you are hereby directed and required to cause a true and authentic copy to be made of all the laws, statutes and ordinances now in force within the said colony of Rhode Island and Providence Plantations, and to transmit the same, duly authenticated, under the public seal of
356
RECORDS OF THE COLONY OF RHODE ISLAND
[1752
the said colony, to the commissioners for trade and plantations, as soon as conven- iently may be, in order to be laid before His Majesty, in his privy council. G. P. G., C. P. S. M., H.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 1st day in June, 1752.
The Hon. William Greene, Governor.
The Hon. Joseph Whipple, Deputy Governor.
With the assistants and deputies from the several towns.
It is voted and resolved, that the superior court of judicature of this colony, be, and they are hereby directed to permit John Pearce and Thomas Pearce to appeal to His Majesty, in coun- cil, from a judgment obtained against them, by John Rice, agreeably to the orders of His said Majesty, in council, now before this Assembly ; any law to the contrary hereof, notwith- standing.
And it is further voted and resolved, that the superior court meet in the county of Kent, on Tuesday, the 16th day of this instant June, for the purpose aforesaid ; and that the said John Rice be notified thereof, and served with a copy of this act, to- gether with a copy of said order of His Majesty, in council.
Whereas, the laws of this colony exempt sundry officers and other persons of divers professions, from serving on the jury, which hath been found by experience, to include too great a number of the inhabitants, and protect the most sensible and substantial freemen of the government from so necessary a duty ; by reason whereof, it often happens, that causes of the greatest importance are decided by men of slender abilities, and little credit, to the great detriment of public justice ; for remedy whereof,-
Be it enacted by this Assembly, and by the authority there. of it is enacted, that no freeholder of this colony, whatsoever.
357
AND PROVIDENCE PLANTATIONS.
1752.]
shall be exempted or protected from serving as a juror at any time hereafter, excepting such person or persons as do, or have sustained the several posts or offices hereafter enu- merated, viz. :
The office of governor, deputy governor, assistant, secretary, attorney general, general treasurer, of a judge of the superior court of judicature, and of the inferior court of common pleas, who shall be forever exempted ; and also, whilst in office, the keeper of the grand committee's office, the clerks and sheriffs of each county, with their general and acting deputies, and the sergeants and officers attending upon the courts, and all jus- tices of the peace in commission, saving that they shall be obliged to serve in case of life and death, where tithe of land is concerned, if returned upon a venire facias, or taken up as a talesman ; and also, all the attornies practicing in any of the courts of common pleas, or superior courts of judicature ; and also, all physicians that live by their practice ; ministers of congregations of every denomination, are hereby exempted.
Provided, that nothing this act shall extend, or be construed to extend, to repeal any part of an act, entitled “ An act ex- empting the persons appointed to work the engines in New- port, from several duties," &c.
Whereas, Col. Daniel Abbot, and others, represented that the General Assembly of this colony, in the year 1711, ordered a highway or road to be laid out through the lands of Provi- dence, Wesconoid and Warwick, leading into the center of of Connecticut, by the way of Plainfield ; and accordingly Nicholas Lang, Esq., then high sheriff of the colony, empan- nelled a jury of twenty-four good and sufficient men, who per- formed said work, and that there are still alive some persons that were present in doing the same ; that the said road or highway, hath ever since been improved as such; that great cost and labor hath been bestowed to amend it, and several sums of money granted by the government, to make bridges for travellers to pass at all times over the several rivers, with- out any difficulty ; and it is now become a great road ; not- withstanding which, the town of Coventry have passed a vote.
358
RECORDS OF THE COLONY OF RHODE ISLAND [1752.
to alter said highway, or road, and lay it in such a critical place, that should it take effect, it would absolutely ruin the aforesaid road or highway ; for there is a long hill, near half a mile, stony and pungy, and over which the new road must pass ; and thereupon prayed this Assembly to appoint a com- mittee of three men, the most acquainted with said highway or road, and a surveyor, to revise the old bounds, if to be found, and where they are wanting, to make new ; to keep the now travelled and beaten road that has been so much worked upon and amended, and set the breadth, three poles ; thus the bounds being fixed, will instruct the settlers by said road, where to build their stone walls, and run other fences, &c. ; upon con- sideration whereof,-
This Assembly do vote and resolve, and it is voted and re- solved, that Stephen Hopkins, Job Randall and Charles Har- ris, Esqs., be, and they, or the major part of them, are hereby constituted a committee, to revise the bounds of the ancient highway or road, aforesaid, at the charge of the petitioners ; and make report thereof to the General Assembly.
It is voted and resolved, that the draught of a letter, made by the committee, to be sent to the agent, be accepted and ap- proved of; and Ilis Honor, the Governor, is desired to order a fair copy thereof made, and sign the same, to be sent to the agent by the first good opportunity.
Whereas, John Peirce, of East Greenwich, in the county of Kent, yeoman, by petition set forth that he was sued to an in- ferior court of common pleas, held at Providence, in December term, A. D. 1751, by John Mawney, of said Providence, Esq., in an action of the case for suing him, the said Mawney, in the county of Kent, for some misconduct in his office, as sheriff of the county of Providence, whereby the said Peirce appre- hended he had sustained some injury ; and at said inferior court, held at Providence, the said John Mawney recovered judgment in his favor, to have and receive from the said John Peirce, the sum of $100 ; from which, both parties appealed to the superior court held there, in March last past, where the same matter was again considered, and judgment there was
359
AND PROVIDENCE PLANTATIONS.
1752.]
rendered that the said John Mawney should recover of the said John Peirce £200; both which judgments the said Peirce apprehends are erroneous ; and more especially for that the same was tried illegally at the superior court ; there being on the jury at both trials, one Grindal Rawson, which the said Peirce at the time of trial was altogether ignorant of; he therefore prayed said judgments might be set aside, and all process thereon stopped.
On consideration whereof, and by consent of both parties, this Assembly do vote and resolve, and it is voted and resolved, that the judgment of the superior court aformentioned, be, and the same is hereby annulled and declared void ; and that the said John Peirce have another trial of said cause, at the next superior court of judicature, to be held at Providence, within and for the county of Providence.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.