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Full text of "Records of the Colony of Rhode Island and Providence Plantations, in New England"

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RECOED S 



COLONY OF EIIODE ISLAND 



PROVIDENCE PLANTATIONS, 



NEW ENGLAND. 




PRINTED BY ORDER OF THE LEGISLATURE. 

TKANSCRIBED AND EDITED BT 



JOHN RUSSELL BARTLETT, 



SECRETARY OF STATE. 



VOL. I. 

1636 TO 1663 



PROVIDENCE, R. I. 

A. CRAWFORD GREENE AND BROTHER, STATE PRINTERS. 

1856. 



l)av- 



INTRODUCTION 



The General Assembly of the State of Rhode Island, at its May 
session, A. D. 1855^ passed a resolution authorising the Secretary 
of State to transcribe, and cause to be printed, its Colonial Re- 
cords ; in accordance with which resolution this volume has 
been printed. 

The present State of Rhode Island had its origin in four towns, 
viz. : Providence, Portsmouth, Newport and Warwick. Provi- 
dence colony was first planted by Roger Williams in the year 
1636, Portsmouth by other colonists in 1638, Newport in 1629 ; 
but of the precise year when the first settlement was made in 
Warwick, the records of that town furnish no evidence. It was, 
however, during the same period. In the year 1643, the first 
three towns were united under a Charter from Charles the First, 
A^ obtained by Roger Williams, under the title of the " Incorporation 
of Providence Plantations in the Narragansett Bay in New Eng- 
land." It was not, however, until the year 1647, that the gov- 
T^ ernment was organized under this Charter, at an assembly of dele- 
^ gates or commissioners from the four towns named, which met at 
Portsmouth in May, of that year. Warwick whose name was not 
^^^nbluded in the Charter, was admitted at this time, with the same 



t privileges as Providence. 



IV, INTRODUCTION. 

It is proper here to state, in what the Colonial Records of the 
State consist, and from which the present volume has been com- 
piled. 

The earliest book of records in the archives of the State begins 
with the settlement of Portsmouth on the Island of Rhode Island, 
in the year 1638. The first portion often or twelve years is con- 
tinuous ; the latter quite detached, and extends to the year 1696. 
This volume contains the transactions on Aquidneck or Rhode 
Island, embracing the history of the first settlements at Portsmouth 
and Newport. From 1638 to the present time, the records are 
complete in various volumes of the colony proceedings. In this 
volume are also copies of the deeds of lands from the Indians as 
originally recorded, as well as conveyances from the early settlers 
to each other ; also early lists of the freemen in the Colony. The 
narrative or journal of proceedings has been printed at length as 
far as it goes in this volume, as well as the lists of freemen, and 
the deeds of land from the Indians ; but all other land evidences 
have been omitted. 

The records of Portsmouth commenced in this manuscript vol- 
ume, were continued in the records of the town. From the 
original volume the records of Portsmouth were made complete 
down to the organization of the Colonial government in 1647. 

A second and very large folio volume of Records commences in 
1646, and continues to the year 1669. This embraces the official 
journals of the "General Assembly," the "General Court," or 
the " Court of Commissioners," as that legislative body is at dif- 
ferent times called. These records are in a tolerable state of pre- 
servation. There are however, some mutilations, chiefly near the 



INTRODUCTION. V. 

edges of the leaves, from constant use for two hundred years. This 
volume also contams the "Proceedings of the Governor and 
Council ;" the records of the " Court of Trials;" some Indian 
deeds, and other early land evidences. 

A third volume contains the proceedings of the General Assem- 
bly from the year 1669 to 1686. 

From the year 1686 to 1715, the original journals or " sched- 
ules " (as they are usually called), in the archives of the State 
were quite imperfect. Those of some sessions were wanting en- 
tirely, while others were so defaced as to be scarcely legible. To 
make them complete, a resolution vs^as passed by the General As- 
sembly in the year 1827, directing a committeCj appointed for the 
purpose, consisting of Henry Bowen (then Secretary of State), and 
Christopher E. Robbins, to collect the manuscript schedules of the 
General Assembly of the period referred to, preserved by the dif- 
ferent towns, and make a copy of the same for the State. This 
was accordingly done, and a clear and well written volume of five 
hundred and forty-four pages, folio, in the handwriting of Henry 
Bowen, Esquire, embracing the "acts and resolves" from 1686 
to 1715 now exists among the archives. From the latter period 
the journals are complete and in excellent condition, in manu- 
script or in print, to the present time. 

In addition to the journals of legislative proceedings, there are 
among the old records of the State the following, viz. : four vol- 
umes of land evidences ; an early digest of public laws, entitled, 
" Bodye of Lawes of the Colonye of Rhode Island from 1663 to 
1705 i" and a volume entitled " The Book of Records, containing 
the acts and orders by the Governor and Council, both generall 



VI. INTRODUCTION. 

and particular since the 1st May, 1667." The records and docu- 
ments of the Revolutionary period are complete and in good 
condition. 

The printed "acts and resolves" of the General Assembly in 
the archives of the State commence in 1758, from which period 
they are complete to the present time. 

In view of the dilapidated condition of the early journals of the 
proceedings of the General Assembly and other transactions of the 
first colonists, and the frequent use of the same, which would tend 
to their entire obliteration, a committee was appointed by the 
General Assembly at its October session, 1822, consisting of 
Christopher EUery Bobbins and Henry Bull, Esquires, to examine 
these records and report the best method of collecting and pre- 
serving them. In conformity with their recommendation, Mr. 
Charles Gyles, of Newport, was employed to transcribe these re- 
cords, which labor he accomplished under the direction of the com- 
mittee in a most satisfactory manner. In order to make this copy 
as complete as possible, the copies of the proceedings of the Colo- 
ny, preserved in the clerks' offices of different towns were used to 
fill up any chasms, mutilations or imperfections that might be 
found to exist in the State's copy. This transcript was carefully 
collated by the committee having the work in charge, with the 
originals, and their certificate of its correctness appended. The same 
volume contains a transcript from the records of the Supreme Judi- 
cial Court of the county of Newport, of proceedings of the commis- 
soners under the government of Sir Edmund Andros, in the years 
1667 and 1668, which are properly a portion of the Colonial records. 

The records of the city of Providence previous to the organiza- 



INTRODUCTION. VII. 

tion of the government in 1647, are very meagre. It is supposed 
they were kept in greater detail and were destroyed in the year 
1676, when the town was burned by the Indians, as those that 
remain bear the traces of fire and water. To make up for the 
want of a reguhir journal of events, such documents as would elu- 
cidate the history of the period have been used. These are the 
Indian deeds connected with Providence, with a variety of other 
documents of a historical nature, or connected with the purchase 
of the Indian lands, their transfer from Roger Williams to his as- 
sociates, the first allotments of lands to the early settlers, &c., &c. 

In selecting the materials for this volume, the Indian deeds of 
each of the four towns, and the town records to the year 1647, 
have been used. From that period, the official journals of the 
proceedings of the General Assembly have been followed to the 
close of the volume. 

It is proper to state that many letters and documents of a pub- 
lic character not found in the archives of the State have been dis- 
covered elsewhere and inserted in their proper places. In the 
official records, there are frequent references to documents and 
letters, written and received, which were not recorded, and which 
are found on the files. This hiatus has fortunately been filled by 
a reference to the files of the General Court of Massachusetts, and 
to the records of that Colony ; also to copies of letters and papers 
in the possession of the Rhode Island Historical Society. Some 
papers of a public nature connected with our colonial history have 
also been found in Hazard's State papers (2 vols. 4to., Philadel- 
phia, 1792), and in Hutchinson's History of Massachusetts Bay. 
The editor is also indebted to John Carter Brown, Esquire, of 
Providence, for the use of a large and valuable collection of man- 



VIII. INTRODUCTION. 

uscripts relating to New England in general and Rhode Island in 
particular. These papers, which fill ten folio volumes, were copied 
by the order, and at the expense of Mr. Brown, from the State Pa- 
per Office, in London. Among the papers used from this collection, 
are the letters of John Clarke, while acting as agent for the Colony 
in London, to King Charles the Second, connected with the Char- 
ter of 1GG3. 

The papers selected from the volumes referred to, are letters 
written by the government of Rhode Island to that of Massachu- 
setts and Plymouth, as well as letters from those colonies. Other 
documents, having a direct bearing upon matters before the As- 
' sembly have been added in the way of notes. 

A large number of letters and documents both public and pri- 
vate, exist in old printed volumes ; in the manuscript collections, 
referred to, and among the files of New York, Massachusetts and 
Plymouth colonies, which would tend to illustrate the history of 
this State ; but they are too voluminous to include in these print- 
ed records. Among these are the papers relating to the Gortonian 
controversy ; the dispute growing out of the jurisdiction claimed 
by Connecticut, Massachusetts and Plymouth ; the Indian wars, 
&c. These are quite sufficient for one or more volumes, and it is 
to be hoped, that on the completion of the printing of the Col- 
onial records, one or more volumes of these valuable papers may 
be collected and printed as illustrations to these records. 

In transcribing these records for publication, the original or- 
thography has been closely followed. To those not familiar with 
the quaint language and peculiar spelling of the period to which 
these records refer, it would, doubtless, have been more agreeable 



INTRODUCTION. IX. 

if the work had been modernized ; a system which would have 
destroyed its interest historically. Modern spelling would not 
have been in character with the style used two hundred years ago ; 
and with the same propriety, the quaint language of that period 
should be put in the language of our day. It was therefore 
thought advisable to adhere to the originals in these respects. 
Where the original had been obliterated, words, and in a few 
cases, short sentences have been supplied to preserve the connecion ; 
these have been enclosed in brackets. The abbreviations, except 
y^ for the, and y' for that, have not been followed, as many re- 
quired characters expressly cast for them ; besides, these ab- 
breviations were not the universal custom of the time, but were 
often employed by writers at the end of a line, or to save space. 

The records being in the handwriting of different Secretaries, 
some of which were evidently not familiar with the pen, and not 
well versed in the rules of grammar and punctuation, it has been 
found necessary, in a few instances, to make slight corrections, in 
order to preserve the sense. In the use of capital letters, no sys- 
tem was followed by the writers ; and as these did not alter the 
sense, it was deemed best to conform to the modern use of them. 

In proper names there is the greatest diversity in spelling ; and 
great as it is, it has been followed in printing, for it was not for 
the editor to say how a family name should be spelt. After un- 
dergoing various changes, these names settled down into the form 
in which they now appear. In the index to this volume, the va- 
rious names intended for the same individual, are placed together 
and referred to as the same ; as Howlden, ITouldon and Holden ; 
Jefferyes, Jeoffries and Jeffries ; Almie and Almy ; Esson and 
Easton ; Timberleggs and Timberlake ; Wildbore, Wilbore, Wil- 



X. INTRODUCTION. 

bour and Wilbur, &c., &c. The difference in the spelling of these 
names by different persons, was doubtless from their depending 
upon the ear. 

Notes and connecting paragraphs have, in a few instances, been 
added, which are enclosed in brackets. These might have been 
extended with advantage to readers unfamiliar with the annals of 
the State ; but it was thought best for the reader to rely, as far as 
possible on the records themselves, without the addition of extra- 
neous matter. These are but the materials for history, and to the 
diligent historian, whose duty it is to weave in all he can gather 
from other sources, must the public look for a more particular 
and better digested history. 

The reader should bear in mind, where reference is made to 
the 1st, 2d, 3d 4th liionth, &c., that the Old Style, or Julian 
method of computing time was in use at the time these records 
were made, when the year commenced on the 25th of March, 
which was consequently the first month, and February the twelfth. 

Great pains have been taken in preparing the Index appended 
to this volume, a labor which few will appreciate unless they have 
attempted a similar task. This seemed necessary, as in a volume 
like the records, it was impossible to prefix any table of contents 
or other references to the matter contained in it. It is a work, 
too, where many will seek for genalogies or family history. To 
render it useful in this respect, every proper name mentioned, is 
alluded to in the Index, however frequent its occurrence. 



RECORDS 

OF THE SETTLEIMENTS AT 

PROVIDENCE, PORTSMOUTH, NEWPORT AND 

WMWICK, 

FROM THEIE COMMENCEMENT TO THEIR UNION UNDER 
THE COLONY CHARTER. 

1636 TO 1647. 



PROVIDENCE RECORDS. 

ROGER WILLIAMS AND HIS ASSOCIATES 
1636 TO 1647. 



1636. 



[The earliest records of tlie colonists who accompanied Eoger Williams to 
Providence in the jear 163G, exist only in a few detached fragments in the 
ofiQce of the Town Clerk of the city of Providence. It is even doubtful whether 
any complete record of the proceedings of his party was kept ; yet, it is 
evident, from the brief records that do exist, some of which refer to events 
not recorded, that there were some other records or memoranda no longer to 
be found. Whatever they were, they are supposed to have been destroyed in 
the year 1676, when the town was sacked and burned by the Indians. 

These memoranda form the first records in this volume. They are followed 
by the original deed of sale from the Indians to Eoger Williams ; the trans- 
fers by hira to his companions, with documents written by him some years af- 
ter, confirmatory of the same ; the compact of the first settlers in the year 
1640, and a few other documents connected with the history of Providence. 
These present all the materials in the archives of the State relating to the 
settlement by Roger Williams and his associates at Providence down to the 
year 1647, when the four towns of Providence, Portsmouth, Newport and 
Warwick were united. From that period the records form an unbroken his- 
tory to the present time. The Gorton controversy which began in the year 
1641 is not a matter ofrecord, and being exclusively of a documentary char- 
acter, as well as quite voluminous is not included in this volume.] 

16 die m Month [June, 1636.]* 
M'd. It was agreed by the Towne, that after warning 
given to come to the Towne meeting, that whosover be 



* In the original, the year is not given, but as it is known, that Eoger Wil- 
liams with his five companions were here before July 26, 1636, when he wrote 
a letter to Governor Vane, the inference is, that he came a few months ear- 
lier, and that this record was made in June, then the fourth month. 

In connexion with this subject it seems proper to make the following state- 
ment of facts which will tend to fix the time when Eoger Williams and his 
associates established themselves in the place which they called Providence, on 
which subject there has been some diversity of opinion. 



TOWN OF PROVIDENCE. 13 

wanting to the meeting above one quarter of an houre 1636. 
after the time appointed by him that gave the warning, ^-*'^'^*-' 
shall pay the Towne for every such default one shilling 
and sixpence, 

M'd. It was agreed by the Towne, that a Treasurer 
should be appointed for the receiving, and as the Towne 
shall appoint, for the expending the Towne's stock. 

In the Records of Massacliusctts, September, 3, 1G35 (vol. i. p. ICO), is the 
following, which fixes the period of his banishment. 

" Whereas Mr. Roger "Williams, one of the elders of the church of Salem, 
hath broached and djvulged dyvers newe and dangerous opinions, against the 
aucthoritie of magistrates, as also writ letters of defamacion, both of the ma- 
gistrates and churches here, and that before any conviction, and yet maine- 
taineth the same without retraccion, it is therefore ordered, that the said Mr. 
Williams shall departe out of this jurisdiccion within six weekes nowe next 
ensueinge, which if he neglect to perforrae, it shall be lawful! for the Governor 
and two of the magistrates to send him to some place out of this jurisdiccion, 
not to retm-n any more without licence from the Court." 

On the 11th January following, according to Wiuthrop (vol. i. p. 175), the 
General Court of Massachusetts resolved to send Roger Williams to England, 
but the messengers sent to Salem to apprehend him and carry him on board 
the ship, found that he had taken his departure three days before their arri- 
val. In his own account of his journeys after leaving Salem, he describes it 
as being in the winter, and in his letter to Major Mason dated at Providence, 
July 22, 1670 (see Massachusetts Hist. Coll. vol. i.), he says : 

" I first pitched and began to build and plant at Seekouk, now Rehoboth, 
but I received a letter from my ancient friend, Mr. Winslow, then Governor 
of Plymouth, professing his own and others' love and respect to me, yet lov- 
ingly advising me, since I was fallen into the edge of their bounds, and they 
were loth to displease the Bay, to remove to the other side of the water, and 
then, he said, I had the country free before me, and might be as free as them- 
selves, and we should be loving neighbors together." 

Governor Winslow entered upon his official duties in March, 1635-G. This 
was the only year he held office between 1633 and 1644. The iufercnce from 
these facts is, that Roger Williams left Salem in January, 1636, and that af- 
ter being, as he says, " sorely tossed, for fourteen weeks, in a bitter winter 
season," between Plymouth and Seekonk, fixed his habitation at the latter 
place in the spring, probably in April. Soon after, the warning from Gov- 
ernor Winslow induced him to leave, when, with his five associates, he em- 
barked in a canoe, and after exchanging salntations with the Indians at Slate 
Rock in Seekonk river, they sailed around Fox Point and up Providence river 
where they landed in the month of May or early in June.* The first record 
bears date the 16th of the 4th month [June, 0. S.] His letter to Governor- 
Vane written from Providence, bears date of the 26th of July, 1636. 

* staples' Annals of Providence, p. 21. 



14 RHODE ISLAND COLONY RECORDS. 

1636. 

V-*— ^ Md. 13 die Month G [August, 1636.] 

It was agreed by the Towne, that if any man be to be 
removed as an inhabitant into the Towne ; if his necessity 
be such as that without much loss, he who is to be admit- 
ted cannot stay for an answer till the month day ; that 
then or any other day, there be foure days warning given 
to the inhabitants incorporated, for their meeting together 
for such a purpose. 

August the 20//i.* 
We whose names are hereunder, desirous to inhabit in 
the town of Providence, do promise to subject ourselves in 
active and passive obedience to all such orders or agree- 
ments as shall be made for public good of the body in an 
orderly way, by the major consent of the present inhab- 
itants, masters of families — incorporated together in a 
Towne fellowship, and others whom they shall admit unto 
them only in civil things. 

Richard Scott, Edward Cope, 

William Reynolds, •-[- Thomas Angell, + 

by his mark. by his mark, 

Chad Browne, Thomas Harris, + 

John Warner, by his mark, 

John Feild, + Francis Weekes, + 

by his mark, by his mark, 

George Rickard, Benedict Arnold, 

Joshua Winsor, 
William Wickendon. 



* This entry apjiears in the first book of records without date. When 
these records were copied, the transcriber added to his copy, the date of Au- 
gust 20, 1637, from the inside of the cover of the same book, which is in a 
different hand-writing, and probably refers to some other matter. It is sup- 
posed that these names constituted a second party of comers ; yet among them 
are the names of Thomas Angell and Francis AVickes, who came with Roger 
"Williams. Tradition says they were then minors, which was the reason why 
their names are not in the original deed of conveyance.; — Staples'' An., p. 39. 



TOWN OF PROVIDENCE. 15 

1636. 

Md. That oji the o die of the 10th month. '^^--.-.^ 
It was agreed by the Towne, that after warning given 
to come to the Towne meeting, whosoever be wanting 
from the Towne meeting above one quarter of an houre 
after the time appointed by him that gives warning ; the 
party delinquent, as not having a sufficient cause of his 
absence shall pay to the Towne for every such default 
one shilling and sixpence ; as also, he who keeps the 
books for that month, is to observe, and take notice who 
is wanting, and present his name to the Towne. 



Agreement and orders the second year of the ptantation. 

It is agreed that William Carpenter, Benedict Arnold,, 
ffrancis Weekes, Willia. Reynolds, Thomas Angell, Mrs. 
Daniel,* Mary Sweet, should pay, in consideration of 
ground at present granted unto them two shillings and 
sixpence apiece, also Edward Cope five shillings and 
sixpence. 

Item. Mr. Cole, ffrancis Weston, Richard Waterman, 
should pay for each person one shilling and sixpence, i. e. 
for damage in case they do not improve their ground at 
present granted to them, viz.: by preparing to fence, to 
plant, to build, etc. 

Item. That all future comers upon the grant of the 
like portion of ground unto them for their home, each 
should pay one shilling and sixpence. 



28 die Mense 12th, {February, 1637-38.] 
It was agreed that two men should be deputed to view 
the timber on the common, and that such as have occasion 



xilicc Daniell, afterwards the wife of John Greene. 



16 RHODE ISLAND COLONY RECORDS. 

1637. to use timber, should repair unto them for their advice 
^-*~"^*^ and counsel to fell timber fit for their use between the 
shares granted and mile end cove. 

Item. That from the sea or river in the west end of 
the Towaie, into the swamp in the east side of the fields, 
that no person shall fell any wood or timber before any 
particular man's shares end. 

Item. That any timber felled by any person lying on 
the ground above one yeare after the felling, shall be at 
the Towne's disposing, beginning at the 23d die of the 
month above written. 

The 21 die of the M Month [May, 1637.] 
It was agreed that Joshua Yerin upon the breach of a 
covenant for restraining of the libertie of conscience, shall 
be withheld from the libertie of voting till he shall declare 
the contrarie.* 



* This act of the town, disfrauchisiog one of its citizens " for restraining of 
the libertie of conscience," is so important, that its history, as given by Gov- 
ernor Winthrop, deserves a place here. After speaking of the heresy of a 
Mrs. Oliver, who had given the ministers and magistrates of Massachusetts 
much trouble, he says : 

" At Providence, also, the devil was not idle. For, whereas, at their first 
coming thither, Mr. AVilliams and the rest did make an order, that no man 
should be molested for his conscience, now men's wifes and children, and ser- 
vants claiming libertie hereby to go to all religious meetings, though never so 
often, or though private, upon the week days ; and because one Veriu refused 
to let his wife go to Mr. "Williams so oft as she was called for, they required 
to have him censured. But there stood up one Arnold, a witty man of their 
own company, and withstood it, telling them that, when he consented to that 
order, he never intended it should extend to the breach of the ordinance of God, 
such as the subjection of wives to their husbands, etc., and gave divers solid 
reasons against it. Then one Greene (who hath married the wife of one Beg- 
gerly, whose husband is living, and no divorce, etc., but only it was said, that 
he had lived in adultery, and had confessed it) he replied, that, if they should 
restrain their wives, etc., all the women in the country would cry out of them, 
etc. Arnold answered him thus : Did you pretend to leave the Massachusetts, 
because you would not offend God to please men, and would you now break 
an ordinance and commandment of God to please women ? Some were of opin- 
ion that if Yerin would not suffer his wife to have her libertie, the church should 
dispose her to some other man, who would use her better. Arnold told them 



TOWN OP PROVIDENCE. 17 

1637. 



The imii ofith Month [June, 1637.] > 
M'd. The severall portions of grass and meadowwhich 
oure neighbour Greene, our neighbour Cole, neighbour 
Arnokl, and Mr. Weston laid out in the Towne's name un- 
to oure neigbour James, neighbour Olney, neighbour Wa- 
terman, neighbour Cole, neighbour Weston, neighbour 
Carpenter, neighbour Holyman were confirmed as their 
proper right and inheritance to them and theirs, as fully 
as the former portions appropriated to our neighbour 
Throckmorton, neighbour Greene, neighbour Harris, 
Joshua Verin, neighbour Arnold and neighbour Williams 
were, or are confirmed to them or theirs. 



June 10 



that it was not the woman's desire to go so oft from home, but only Mr. 
Williams's and others. In conclusion, when they woxild have censured Verin, 
Arnold told them, that it was against their own order, for Yerin did that he 
did out of conscience ; and their order was, that no man should be censured 
for his conscience." 

Verin left Providence and removed to Salem ; but it will appear from the 
following letter received from him, which was laid before the town at their 
quarter meeting, April 27th, 1651, that he then claimed an ownership in the 
land as one of the six original settlers of Providence. 

Gentlemen and Countrymen of the Town of Providence : 

This is to certify to you, that I look upon my purchase of the town of Pro- 
vidence to be ray lawful right. In my travel, I have enquired, and do find it 
is recoverable according to law ; for my coming av/ay could not disinherit 
ine. Some of yon cannot but recollect, that we six which came first should 
have the first convenience, as it was put in practice by our house-lots, and 
second by the meadow in Wanasquatucket river, and then those that were ad- 
mitted by us into the purchase to have the next which were about ; but it is 
■contrary to law, reason and equity, for to dispose of my part without my con- 
sent. Therefore deal not worse with me than with the Indians, for we made 
conscience of purchasing it of them and hazarded our lives. Therefore we 
need not, nor any one of us ought, to be denied of our purchase. So hoping 
you will take it into serious consideration, and to give me reasonable satisfac- 
tion, I rest, Yours, in the way of right and equity, 

JOSHUA VERIN. 

The following is the answer directed to be returned by the Clerk. 

Sir : The town of Providence having received, read and considered yours, 
dated the 21st of November, 1650, have ordered me to signify unto you, that 
If you shall come into court, and prove your right, they will do you justice. 
Per me, GRE. DEXTER, Town Clerk. 



18 
1637. 



RHODE ISLAND COLONY RECORDS. 

' Deed from Cannaunicus and Miantonomi to Roger Williams 
[March, 1637.] 

At Nanhiggansick, the 24th of the first month, com- 
monly called March, in y° second yeare of our plantation 
or planting at Mooshausick or Providence. 

Memorandum, that we Cannaunicus and Miantunomi, 
the two chief sachems of Nanhiggansick, having two yeares 
since sold vnto Roger Williams, y"" lands and meadowes 
vpon the two fresh rivers, called Mooshausick and Wanas- 
qutucket, doe now by these presents, establish and con- 
firme y" bounds of those lands, from j° river and fields at 
Pautuckqut, y"* great hill of Notquonckanet, on y*" north- 
west, and the town of Maushapogue on y'' west. 

As also, in consideration of the many kindnesses and 
services he hath continually done for us, both with our 
friends at Massachusetts, as also at Quinickicutt and 
Apaum or Plymouth, we doe freely give unto him all that 
land from those rivers reaching to Pawtuxet river ; as 
also the grass and meadov/es upon y° said Pawtuxet 
river. 

In witness whereof we have hereunto set our hands. 

Y*^ mark of ^^. CANNONNICUS. 



j^i 



:r"" 



Y'^ mark of I MIANTUNNOMI. 

In y'' presence of 

The mark of + Sotaash. 
The mark of + Assotemeweit. 

1639. Memorandum 3 mo. 9th day. This was all 
again confirmed by Miantounomi ; he acknowledged this 
his act and hand, up the streams of Pautuckqut and Paw- 
tuxet without limits, we might have for use of cattle. 
Witness hereof, ROGER WILLIAMS, 

BENEDICT ARNOLD. 



TOWN OF FROVIDENGE. 1^' 

1638. 

Me7norandum or "■ Initial Deed " fro7n Roger Williams of -.^^^--^i^- 
the lands purchased of Canonicus and Miantonnomi. 

Memorandum, That I, R. W. having fonnerly pur- 
chased of Canonicus and Miantonomi, this our situation or 
plantation of New Providence, viz. the two fresh rivers 
Wonas. and Moosh. and the grounds and meadows there- 
upon, in consideration of £30 received from the inhabit- 
ants of said place, do freely and fully, pass, grant and 
make over equal right and power of enjoying and dispos- 
ing the same grounds and lands unto my loving friends 
and neighbours S W. W A. T J. R C. J G. J T. W H. 
W C. T 0. F W. R W. and E H. and such others as the 
major part of us shall admit into the same fellowship of 
vote with us. As also, I do freely make and pass over 
equal right and power of enjoying and disposing the said 
land and ground reaching from the aforesaid rivers unto 
the great river Pawtuxet, with the grass and meadow 
thereupon, which was so lately given and granted by the 
two aforesaid sachems to me. Witness my hand, 

R. W. 



Second Memorandum from Roger William, sof his purchase 
from Canonicus omd Miantonnomi, October 8th, 1638. 

" Providence 8 of 8th month, 1638, so called. 
Memorandum, that I Roger Williams having formerly 
purchased of Conanicus and Miantonomi, this our situa- 
tion or Plantation of New Providence, viz.: the two fresh 
rivers Wonasquatucket and Moosehasick and the grounds 
and meadows thereupon, in consideration of thirty pounds, 
received from the inliabitants of the said place, do freely 
and fully pass grant and make over equal right and power 
of enjoying and disposing the same ground and lands unto 



20 RHODE ISLAND COLOM RECORDS. 

1638. my loving friends and neighbors, Stukely Westcotfc, Wil- 
"-*''^''"'*-' liam Arnold, Thomas James, Robert Cole^ John Greene^ 
John Throckmorton, William Harris, William Carpenter, 
Thomas Olney, Francis Weston, Richard Waterman, Eze- 
kiel Holyman and snch others as the major part of us shall 
admit unto the same fellowship with of vote us. As also 
I do freely make and pass over equal right and power of en- 
joying and disposing the lands and grounds reaching from 
the aforesaid rivers unto the great river Pawtuxet and the 
grass and meadows thereupon, v/liich was so lately grant- 
ed by the aforesaid Sachems to me. 

Witness my hand, Providence 22, 10 mo. 1666, so 
caUed. ROGER WILLIAMS. 

This paper and writing given by me about twenty- 
eight years since, and differs not a tittle, only so is dated 
as near as we could guess about the time, and the names 
of the men written in the straight of time and haste are 
here explained by me. ROGER WILLIAMS. 

In presence of us, 

John Browne, 

John Sayles, 

Thomas HxVrrls, Assistant.'' 



Agreement between Roger Williams and his associutes for a 
division of lands. 1638. 

" An agreement made between the several inhabitants 
of the town of Providence, the 8th of the 8 month 1638. 
It is agreed, this day abovesaid, that all the meadow 
ground at Pawtuxet, bounding upon the fresh river upon 
both sides, is to be impropriated unto these thirteen per- 
sons, being now incorporate into our town of Providence, 
viz.: Ezekiel Holyman, Francis Weston, Richard Water- 
man, Thomas Olney, Robert Coles, William Carpenter, 



TOWN OF PROVIDENCE. 21 

William Harris, John Throckmorton, Roger Williams, 1G38. 
John Greene, Thomas James, William Arnold, Stukely ^^*^^'"*--' 
Westcott, and to be equally divided among them, and 
every man to pay an equal proportion to raise up the sum 
of twenty pounds for the same, and if it shall come to 
pass, that some or any of these thirteen persons abovesaid 
do not pay or give satisfaction for his or their equal pro- 
portion of the abovesaid sum of twenty pounds, by this 
day eight weeks, which will be the seventeenth day of 
the tenth month next ensuing, that they or he, shall leave 
their or his proportion of meadow ground unto the rest of 
those thirteen persons, to be at their disposing who shall - 
make up the whole sum of twenty pounds, which is to 
be paid unto Roger Williams. 

Memorandum. On the third day of the tenth month, 
1638, so called, according to former agreement, I received 
of the neighbors abovesaid the full sum of £18. 11. 3 per 
me,* ROGER WILLIAMS. 

[The only copy on record of the "Initial deed" is 
without date. On the sixth of December, 1661, a com- 
mittee appointed at a previous meeting to wait on Mr. 
Williams and procure a deed of the first purchase, made a 
report, and subsequently another was appointed to procure 
Mrs. Williams' separate title deed. The following is sup- 
posed to have been given in consequence.] 



* The date of this agreement as stated iu the copy from which the foregO' 
ing is copied is the same with that of the " Initial deed " of Mr. Williams ; 
but it is evident that there is a mistake in the date or in the body of the in- 
strument. Eight weeks from the 8th of October would be the third of De 
cembeVj and not the seventeenth, the date of the memorandum. 



22 RHODE ISLAND COLONY KECORDS. 

1638. 

-.— V--W/ Confirmatorn Deed of Roger Williams and his wife, of 
lands transferred by him to his associates in the year 
1638. 

Be it known unto all men by these presents, that I, 
Roger Williams, of the Towne of Providence, in the Nar- 
ragansett Bay, in New England, having in the yeare one 
thousand six hundred and thirty-foure, and in the yeare 
one thousand six hundred and thirty-five, had severall 
treaties with Conanicusse and Miantonome, the chief sa- 
chems of the Narragansetts, and in the end purchased of 
them the lands and meadows upon the two Afresh rivers 
called Mooshassick and Wanasquatucket ; the two said sa- 
chems having by a deed under their hands two yeares af- 
ter the sale thereof established and conffirmed the boundes 
of these landes from the river and ffields of Pawtuckqut 
and the great hill of Neotaconconitt on the northwest, 
and the towne of Mashapauge on the west, notwithstand- 
ing I had the frequent promise of Miantenomy my kind 
friend, that it should not be land that I should want about 
these bounds mentioned, provided that I satisfied the In- 
dians there inhabiting, I having made covenantes of 
peaceable neighborhood with all the sachems and natives 
round about us. And having in a sense of God's merci- 
full providence unto me in my distresse, called the place 
Providence, I desired it might be for a shelter for per- 
sons distressed of conscience ; I then, considering the con- 
dition of divers of my distressed countrymen, I commu- 
nicated my said purchase unto my lo^dng ffriends John 
Throckmorton, William Arnold, William Harris, Stukely 
Westcott, John Greene, senior, Thomas Olney, senior, 
Richard Waterman and others who then desired to take 
shelter here with me, and in succession unto so many oth- 
ers as we should receive into the fellowship and societye 
enjoying and disposing of the said purchase ; and besides 
the ffirst that were admitted, our towne records declare 



TOWN OF PROVIDENCE. 



23 



that afterwards wee received Chad Brown, William ffeild, 1638. 
Thomas Harris, sen'r, William Wickenden, Robert Wil- ^-*^-^ 
liams, Gregory Dexter and others, as our towne booke 
declares. And whereas, by God's mercifuU assistance, 
I was the procurer of the purchase, not by monies nor 
payment, the natives being so shy and jealous, that monies 
could not doe it ; but by that language, acquaintance, 
and favour with the natives and other advantages which 
it pleased God to give me, and also bore the charges and 
venture of all the gratuetyes which I gave to the great 
sachems, and other sachems and natives round and about 
us, and lay ingaged for a loving and peaceable neigh- 
bourhood with them all to my great charge and travell. 
It was, therefore, thought by some loveing ffriends, that 
I should receive some loving consideration and gratui- 
tye ; and it was agreed between us, that every person 
that should be admitted into the ffellowship of injoying 
landes and disposing of the purchase, should pay thirty e 
shillinges into the public stock; and ffirst about thirtye 
poundes should be paid unto myselfe by thirty shillings a 
a person, as they were admitted. This sum I received 
in love to my ffriends ; and with respect to a towne and 
place of succor for the distressed as aforesaid, I doe ac- 
knowledge the said sum and payment as ffull satisfifaction. 
And whereas in the year one thousand six hundred and 
thirtye seaven, so called, I delivered the deed subscribed 
by the two aforesaid chiefe sachems, so much thereof as 
concerneth the aforementioned landes ffrom myselfe and 
my heirs unto the whole number of the purchasers, wdth 
all my poweres right and title therein, reserving only unto 
myselfe one single share equall unto any of the rest of 
that number, I now againe in a more fformal way, un- 
der my hand and seal, conflQrm my flformer resignation 
of that deed of the landes aforesaid, and bind myselfe, 
my heirs, my executors, my administrators and assignes 
never to molest any of the said persons already received 
or hereafter to be received into the societye of purchas- 



24 



RHODE ISLAND COLONY RECORDS. 



1638. ers as aforesaid, but they, tlieire heires, executors, ad- 
'-*'"^'""*-' ministrators and assignes, shall at all times quietly and 
peaceably injoy the premises and every part thereof ; and 
I do Ifurthere, by these presentes, binde myselfe, my 
heirs, my executors, my administrators and assignes, 
never to lay claime nor cause any claime to be laid, 
to any of the landes aforementioned, or unto any part 
or parcell thereof, more than unto mine owne single share, 
by virtue or pretence of any former bargaine, sale or mort- 
gage whatsoever, or joyntures, thirdes or intails made by 
me the said Roger Williams, or of any other person 
either, for, by, through or under me.* In wittnesse there- 
of, I have hereunto sett my hand and scale this twentyeth 



* The lands traiirifcrrecl b}- Koger Williams to his associates were subse- 
quently divided into what are called '• home lots " and " six acre lots."' lu 
the clerk's ofSce of the city of Providence is " A revised list (saving correc- 
tions with addition) of lands and meadows as they were originally lotted from 
the beginning of the plantation of Providence in the Xarragausett Bay in 
New England unto the (then) inhabitants of the said plantation anno 16 — ." 
The first in order are the " home lots," beginning at the " Mile-end Cove " at 
the south end of the town between Fox Point and WIckendcn street. This 
book gives a list of fifty-fom' persons who received their lots with their loca- 
tion. It is here given to preserve the names. 



Robert Williams, 
Christopher Unthank, 
William Hawkins, 
Robert West, 
Hugh Bewit, 
John Lippit, 
Matthew Weston, 
Edward Hart, 
Thomas Hopkins, 
Widow Sayer, 
Widow Tiler, 
Nicholas Power, 
William Wickenden, 
W^illiam Man, 
William Burrows, 
Adam Goodwin, 
Thomas Harris, 
Joshua Winsor, 



John Field, 
William Field, 
Richard Scott, 
George Rickard, 
John Warner, 
Chad Brown, 
Daniel Al^bott, 
William Reynolds, 
Stukely Westcott, 
Ezekiel Holymau, 
Richard AA^atcrman, 
Francis Weston, 
Thomas Angell. 
Thomas Olney, 
Robert Cole, 
William Carpenter, 
John Sweet. 
Alice Daniels, 



William Harris, 
John Throckmorton, 
Roger Williams, 
Joshua Verin, 
Widow Reeve, 
John Smith, 
John Greene, Sen. 
'I'homas James. 
AVilliam Arnold, 
Francis AVickes, 
Benedict Arnold, 
John Greene, Jun. 
Edward Manton, 
Tliomas Painter, 
]Matthew AA''aller, 
Gregory Dexter. 



V 



TOWN OF PROVIDENCE. 



25 



day of December in the present year one thousand six 1638. 
hundred and sixty one. v^— -v— •. 

ROGER WILLIAMS. [L.S.] 
Signed, sealed and delivered, in presence of us, 

Thomas Smith, 

Joseph Carpenter. 

I, Mary Williams, wife unto Roger Williams, doe as- 
sent unto the premises. Wittness iny hand this twen- 
ty eth day of December, in the present year one thousand 
six hundred and sixty one. 

The marke of M. W. MARY WILLIAMS. 
Acknowledged and subscribed before me, 

WILLIAM FFEILD, Generall Assistant." 



Deposition of Roger Williams relative to this jmrchase 
from the Indians. 

Narragansett, 18 June, 1682, Ut. Vul. 
I testify as in the presence of the all making and all 
seeing God, that about fifty years since, I coming into 
this Narragansett country, I found a great contest be- 
tween three sachems, two (to wit, Cononicus and Mianto- 
nomy) were against Ousamaquin on Plymouth side, I was 
forced to travel between them three,, to pacify, to satisfy 
all their, and their dependents' spirits of my honest inten- 
tions to live peaceably by them. I testify that it was the 
general and constant declaration that Cannonicus his father 
he had three sons, whereof Cannonicus was the heire, and 
his youngest brother's son Miantonomy (because of his 
youth) was his Marshal and Executioner, and did nothing 
without his unkle Cannonicus' consent. And therefore I 
declare to posterity that were it not for the favor that God 
gave me with Cannonicus, none of these parts, no, not 
Rhode-Island had been purchased or obtained, for I never 



'26 RHODE ISLAND COLONY RECORDS. 

1638. got any thing out of Cannoniciis but by gift. I also pro- 
-^"^"'"'^ fe^s that boing imxuisitive of what root the title or denomi- 
nation Nahiganset should come, I heard that Nahiganset 
Avas so named from a little Island between Puttisquomscut 
and Musquomacnk on the sea and fresh water side. I 
went on purpose to see it, and about the place called 
Sugar-Loaf Hill, I saw it, and was within a pole of it, but 
could not learn why it was called Nahiganset. I had 
learnt that the Massachusetts was so called from the Blue 
Hills, a little Island thereabout : and Cannonicus' father 
and anchestors living in those southern parts, transferred 
and brought their autliority and name into those northern 
parts all along by the sea side, as appears by the great 
destruction of wood all along near the sea side : and I de- 
sire posterity to see the gracious hand of the Most High, 
(in whose hands is all hearts,) that when the hearts of my 
countrymen and friends and bretheren failed me, his infi- 
nite wisdom and merits stirred up the barbarous heart of 
Cannonicus to love me as his son to his last gasp, by 
which means I had not only Miantonomy and all the Co- 
wesit sachems my friends, but Ousamarj^uin also, who, be- 
cause of my great friendship with him at Plymouth and 
the authority of Cannonicus, consented freely (being also 
well gratified by me) to the Governor Winthrop's and my 
enjoyment of Prudence, yea of Providence itself, and all 
the other lands I procured of Cannonicus which were upon 
the point, and in effect whatsoever I desired of him. 
And I never denyed him nor Miantonomy whatever they 
desired of me as to goods or gifts, or use of my boats or 
pinnace and the travels of my own person day and night, 
which though men know not, nor care to know, yet the 
all-seing eye hath seen it and his all-powerful hand hath 
lielped me. Blessed be his holy name to eternity. 

K. WILLIAMS. 

September 28, 1704, I then being present at the house 
of Mr. Nathaniel Coddington, there, being presented with 



TOWN OF PROVIDENCE. 2 

this written paper which I attest upon oath to be my fo- 1636. 
ther's own hand writing. >.-*-v-^ 

JOSEPH WILLIAMS, Assistant. 

February 11, 1705. True copy of the original placed 
to record and examined by me. 

WESTON CLARKE, Recorder. 



Report of Arbitrators at Providence, containing proposals 
for a form of Government. 

Providence the 27th of the 5th mo. in the yeare (so 
called) 1640. 

Wee, Robert Coles, Chad Browne, William Harris, and 
John Warner, being freely chosen by the consent of our 
louing freinds and neighbours the Inhabitants of this 
Towne of Providence, having many differences amongst 
us, they being freely willing and also bound themselves to 
stand to our Arbitration in all differences amongst us to 
rest contented in our determination, being so betrusted we 
have seriously and carefully indeavoured to weigh and 
consider all those differences,, being desirous to bringe to 
vnity and peace, although our abilities are farr short in the 
due- examination of such weighty things, yet so farre as 
we conceive in laying all things together we have gone 
the fliirest and the equallest way to produce our peace. 

I. Agreed, We have with one consent agreed that in 

the parting tliose particler proprieties which some of our 

friends and neighbours have in Patuxit, from the general 

Common of our towne of Providence, to run vppon a 

3 



O RHODE ISLAND COLONY RECORDS. 

1637. streight line from a fresh spring being in the Gulley, at 
'^^^^'^^^ at the head of that cove running by that point of land 
called Sax.afras vnto the towne of Mashipawog, to an oake 
tree standing neerevnto the corne field, being at this time 
the neerest corne field vnto Patuxit, the oake tree having 
four marks with an axe, till some other land marke be set 
for a certaine bound. Also, we agree that if any meadow 
ground lyeing and joineing to that ]Meadow, that borders 
uppon the River of Patuxit come within the aforesaid line, 
which will not come within a streight line from long Cove 
to the marked tree, then for that meadow to belong to 
Pawtuxit, and so beyond the towne of Mashipawog from 
the oake tree between the two fresh Rivers Pawtuxit and 
Wanasquatucket of an even Distance. 

2. Agreed. We have with one consent agreed that for 
the disposeing, of those lands that shall be disposed belong- 
ing to this towne of Providence to be in the whole In- 
habitants by the choise of five men for generall disposeall, 
to be betrusted with disposeall of lands and also of the 
townes Stocke, and all Generall things and not to receive 
in any six dayes as townesmen, but first to give the Inhab- 
itants notice to consider if any have just cause to shew 
against the receiving of him as you can apprehend, and 
to receive none but such as subscribe to this our determi- 
nation. Also, we agree that if any of our neighbours doe 
apprehend himselfe wronged by these or any of these 5 
disposers, that at the Generall towne meeting he may 
have a try all. 

Alsoe wee agree for the towne to choose beside the oth- 
er five men one or more to keepe Record of all things be- 
longing to the towne and lying in Common. 

Wee agree, as formerly hath bin the liberties of the 
town, so still, to hould forth liberty of Conscience. 

III. Agreed, that after many Considerations and Con- 
sultations of our owne State and alsoe of States abroad in 
way of government, we apprehend, no way so suitable to 



TOWN OF PROVIDENCE. 29 

our Condition as government by way of arbitration. But 1637. 
if men agree themselves by arbitration, no State we know ^-^"■^'■"^^ 
of disallows that, neither doe we : But if men refuse that 
which is but common humanity betweene man and man, 
then to compel such vnreasonable persons to a reasonable 
way, we agree that the 5 disposers shall have power to 
compell him either to choose two men himselfe, or if he 
refuse, for them to choose two men to arbitrate his cause, 
and if these foure men chosen by every partie do end the 
cause, then to see theire determination performed and 
the faultive to pay the Arbitrators for theire time spent 
in it : But if those foure men doe not end it, then for the 
5 disposers to choose three men to put an end to it, and 
for the certainty hereof, wee agree the major part of the 
5 disposers to choose the 3 men, and the major part of the 
3 men to end the cause haueing power from the 5 dispos- 
ers by a note under theire hand to performe it, and the 
faultive not agreeing in the first to pay the charge of the 
last, and for the Arbitrators to follow no imployment till 
the cause be ended without consent of the whole that 
have to doe with the cause. 

Instance. In the first Arbitration the offender may offer 
reasonable terms of peace, and the oifended may exact 
upon him and refuse and trouble men beyond reasonable 
satisfaction ; so for the last arbitrators to judge where the 
fault was, in not agreeing in the first, to pay the charge 
of the last. 

IV. Agreed, that if any -person damnify any man, 
either in goods or good name, and the person offended fol- 
low not the cause vppon the offender, that if any person 
o;iue notice to the 5 Disposers, they shall call the party 
delinquent to answer by Arbitration. 

Instance. Thus, if any person abuse an other in person 
or goods, may be for peace sake, a man will at present put 
it vp, and it may so be resolue to revenge : therefore, for 
the peace of the state, the disposers are to look to it in the 
first place. 



30 IHODE ISLAND COLONY RECORDS. 

1637, V. Agreed, for all the whole Inhabitants to combine 
-*^-^*-^ ourselves to assist any man in the pursuit of any party de- 
linquent, with all our best endeavours to attack him : but 
if any man raise a hubbub, and there be no just cause, 
then for the party that raised the hubbub to satisfy men 
for their time lost in it. 

VI. Agreed, that if any man have a diiference with 
any of the 5 Disposers which cannot be deferred till gen- 
eral meeting of the towne, then he may have the Clerk 
call the towne together at his [discretion] for a tryall. 

Instance. It may be, a man may be to depart the land, 
or to a fan parte of the land ; or his estate may lye vppon 
a speedy tryall or the like case may fall out. 

VII. Agreed, that the towne, by the five men shall give 
every man a deed of all his lands lying within the bounds 
of the Plantation, to hould it by for after ages. 

VIII. Agreed, that the 5 disposers shall from the date 
hereof, meete every month-day vppon General things and 
at the ciuarter-day to yeeld a new choise and give vp 
theire old Accounts. 

IX. Agreed, that the Gierke shall call the 5 Disposers 
together at the month-day, and the generall towne together 
every quarter, to meete vppon general occasions from the 
date hereof. 

X. Agreed, that the Gierke is to receive for every 
cause that comes to the towne for a tryall 4:d. for making 
each deed 12d. and to give vp the booke to the towne at 
the yeercs end, and yeeld to a new choice. 

XI. Agi-eed, that all acts of disposall on both sides to 
stand since the difference. 

XII. Agreed, that every man that hath not paid in his 
purchase money for his Plantation shall make vp his 10^. 
to be 305 eqval with the first purchasers : and for all that 

• are received townsmen hereafter, to pay the like summe of 
money to the towne stocke. 

These being those things wee have generally concluded 
on for our peace, we desireing our loveing friends to re- 



TOWN OF PROVIDENCE. 



31 



ceive as our absolute 
downe as subjects to it. 
Chad Brown, 
Robert Cole. 
William Harris, 
John Throckmorton, 
Stukely Westcott, 
Benedict Arnold, 
William Carpenter, 
Eichard Scott, 
Thomas Harris, 
Francis -f- Wickes, 
Thomas -f- Angell, 
Adam Goodwin, 
William Burrows 
Roger Williams, 
Robert West, 
Joshua Winsor, 
Robert Williams, 
Matthew Waller, 
Gregory Dexter, 
John -j- Lippittj 



determination, laying ourselves 1637. 

John Warner, 
John Field, 
William Arnold, 
William Field, 
Edward Cope, 
Edward 4- Manton, 
William Man, 
Nicholas Power, 
William + Reynolds, 
Thomas Olney, 
Richard Waterman, 
William Wickenden, 
Edward Hart, 
Hugh Bewit, 
Thomas Hopkins, 
Joan Tyler, 
Jane + Sears, 
Christopher Unthank, 
William -j- Hawkins. 



Deed from Ousamequin, 
Williams, Gregory 
Providence. 



Chief of Paukanaiuket to Roger 
Dexter and the inhabitants of 



Wapewasick, aver against Portsmouth, 
9th of 6th month 1646. (so called.) 
This testifyeth, that I Ousamequin chiefe Sachem of 
Paukanawket, for and in consideration of full satisfaction 
in wampum, cloth and other commodities received at pre- 
sent ; doe give, grant, sell and make over unto Roger 



32 RHODE ISLAND COLONY RECORDS. 

1637. Williams and Gregory Dexter, inhabitants of Providence, 
'-''''^■"'*-' together with all those inhabitants of Providence that 
hath or shall joyne in this purchase, with all my right and 
interest of all that parcell or tract of land which lies be- 
tweene Pawtuckqut and Loqusquscit, with all the mead- 
owes, trees and appurtenances thereof, and after the . . . 
And I doe hereby bind myself, my heires and succes- 
sors, to maintaine all and every of their peaceable enjoy- 
ment of the foresaid lands from any other claime or bar- 
gaine whatsoever. And I do hereby authorize Saunkus- 
secit alias Tom of Wauchimoqut to marke trees and set 

the bounds of the land aforesaid in case that 

great meadow at or about Loqusqusitt fall not within the 
bounds aforesaid, yet it shall be for them to enjoye the 
said medow forever ; that without the bounds of the said 
tract of land, round about, it shall be lawfull for them to 
feede and graze their cattell, as allso to cut any medows 
for their use, though not put up houzes without further 

agreement That who hath an Indian 

field within the bounds aforesaid, shall either depart or 
secure his field from the English cattell. Witness my 
hand.* 



*^fterthe terms of purchase had been agreed upon between the Providence 
conuTiittee and Ousamequin, and the deed drawn, the latter refused to sign it. 
The testimony of Roger Williams and others of the committee, which follows 
the unsiirncd deed is on record. 



TOWN OF PROVIDENCE. 33 

1638. 

Testimony, or Report of Roger Williams, Gregorij Dexter 
and others in relation to the lands purchased of Ousame- 
quin, 1646. 

Wapewasick over against Portsmouth 10. 7. 46 (so 
called.) 

We Gregory Dexter, Tho: Olney, Roger and Robert 
Williams in a word of truth and faythfullness declare that 
being requested by y" Towne of Providence in oure owne 
and their behalfe to buy y*" right which Ousamequin 
pretendeth to a parcell of Land which lies between our 
bounds at Pawtuckqut and an Indian Plantation northwest 
from thence called Loquasquscit, and knowing y° our 
Towne had right to y"' feeding and grazing of cattle up- 
on ye said parcell of land by our grant of y"" Nanhiggan- 
set purchase, before such times as they since released him 
of his subjection, as also y' it was upland from y'' water, 
and most of it barren and rockie, without medow ; soe 
making a journey to Ousamequins house, offered him but 
fifteen fathom of white wampum (it being a time when 
white wampum only was current ; and which we knew he 
only would accept). But he desired to have commodities 
and wampum, and at last we agreed upon ten fathom 
of white wampum, four coates of English cloth, six of the 
best English howes and English axes, and tw^elve great 
knives ; which wampum and commodities he desireing spee- 
die pay of, we went, all of us over to Portsmouth to pro- 
cure y^ said wampum and commodities ; he furnishing us 
with a canew and a native, where some of us performed 
good service for him in some controversies between the 
English and him. We brought him y'' wampum which 
he accepted of, y° coates allso, which he accepted of and 
received the cloth, choosing out of two parcells, but of 
twelve knives he choose eight ; out of six howes, he chose- 
one, we promising to procure y° rest of the howes and 



34 RHODE ISLAND COLONY RECORDS. 

1636. hatchets and knives to his liking, which he was fully con- 
'--^'^'-'^ tent. Afterward going to sleepe he begged two coats of 
us, which we promised to give him ; yet in the morn- 
ing, some of us refusing to sell him shott, as also our all 
refusing to give him foure coats more, he took forth our 
monie and goods againe to us, which we refused, not be- 
ing willing to countenance such dealing in y^ barbarians ; 
and having before in their payments and a coate to his 
councellour which he desired, and some other small gifts 
unto them layed out, y° valew of about forty fathom of 
wampum, we were not willing to wrong our country in 
granting his desire of foure coats, and so unreasonably to 
raise y" price of such parcells of land in this barbarous 
wilderness ; and therefore, we declare y' ye said land ac- 
cording to a faire and righteous bargaine belongs to the 
Towne of Providence, the Towne paying to Ousamequin, 
as aforesaid. 

ROGER WILLIAMS, ROBERT WILLIAMS, 
GREGORY DEXTER, THO: OLNEY. 



TOWN OF PROVIDENCE. 35 

1638. 
Deeds of Confirmation made by the Indian Sachems, succes- ^--»-^-w 
sors of Conanicus and Miantonomi, to the inhabitants of 
Providence and Pawtuxet, of lands previous]!/ purchased 
by them. 

IProvidence, the 3d month, 29th day, 1659. 
This be known to all that it may concevne, in all ages 
to come, that I Caujaniquaunto, sachem of the Narragan- 
setts, ratify and confirme to the men of Providence, and 
to the men of Pawtnxcette, their landes, and deed, that 
my brother Meantonomeah made over and disposed to 
them, namely, all the landes, between Pawtuckette river 
and Pawtuxcette river, up the streams without limit for 
their use of cattle ; and I also doe for summer and winter 
feeding of their cattle and ploughing and all other neces- 
sary improvements, as for farmes and all manner cf plan- 
tations whatsover : This lande, I say, above said, I con- 
firme to the aforesaid men at this present, twenty full 
miles beginning to measure from a hill, called Fox's hill, 
upon a straight line, running up into the country between 
Pawtuckette and Pawtuxcette river. This lande and 
these appurtenances I hereby confirme to them and their 
heires and assignes forever, and that my heires and as- 
signes shall not molest them nor their assignes forever in 
any of the landes above said ; and that I am always ready 
to defend their title from the claim of any Indians whatso- 
ever. In witnesse whereof I hereto set my hande. 

The marke of T CAUJANIQUANTE. 



•A^ 



The witnesses, 
AwAUSHOWEs, his -^T' marke. 
Mattackcees, called Newcom, his A\ marke. 

We also witnesses : 
Nathaniel AVaterman, 
Andreav Harris. 



'36 RHODE ISLAND COLONY RECORDS. 

1638. I, Aiaqiiamit, owne this my father his act and deed, 
-^^^^^^ which is above written, and doe acknowledge, that I have 
received full satisfaction for all the right and claime which 
could be laid by me unto any of those landes which my 
brother hath sold unto the men of Providence and the men 
of Pawtuxcelte. Witnesse my hande this 28 of April in 
the year 1660.* 



\ rn\ 



The marke I of AIAQUAMIT. 

W The marke of Mattackcees, alias Newcom. 
Thomas Olney Junior. 

For Pawtuxcette and Providence, the 6 mo, 13 day, 
1659. 

This be known to all ages upon any just occasion, that 
wee Cussuckquanth and Nenekealah chief sachems over 
the Indians in these parts of the country, ratifye and con- 
firme to the men of Providence and the men of Pawtux- 
cette, their landes according to their joynt agreements, 
which our brother Meantonomeah possessed them with, 
that is, all the landes between Pawtuckette and Pawtuck- 
cette, between the streams of these rivers, and up these 
streams without limits, or as far as they shall think fit. 
These landes and the appurtenances, we confirme to them, 
in and for good considerations, to them, theire heires and 
assignes forever. Nevertheless, it shall not be lawfull for 
the aforesaid men to remove the Indians that are up in the 
country, except they shall satisfye those Indians, and so 
cause them to depart wilHngly, neither shall any of those 
Indians sell any part of their said landes to any man 



* These deeds were authorized by the Court of Commissioners in May 
1G59, in order to satisfy the demands of the Indians. By some they were 
considered merely as deeds of confirmation, by others as new purchases. 
Eoger Williams objected to the transactions as is shown Ijy his letter which 
follows, dated 27th. 8th mo. IGGO. 



TOWN OF PROVIDENCE. 37 

whatsoever, only it shall be lawfiill for those Indians to re- 1638. 
ceive some recompence for their removing off, if they see '>-^-^'^^-' 
cause, of the aforesaid Englishmen of Providence or Paw- 
tuxcette according to their joynt agreement. Also we 
binde our heires and assignes forever not to molest, the 
aforesaid men nor their heires nor assignes upon any of the 
aforesaid landes forever. 

Witnesse our hands 

CUSSUCKQUANTH his marke:— > 

NENEKEALAH his mark ** 

AwATHOES his marke * 

Richard SxMith, 
James Smith. 

These beare witnesse to all ages to come, to such as 
are concerned herein. That we, Scuttappe and Quequag- 
anewet, son to Meakeaw, son to Quanuanone, called by 
the English Qunnounicus uncle to Meantonomeah, who 
made a peace with the English in the Massachusetts, for 
all the Indians in the se parts, in the time of the Pequote 
war with the English. This our grandfather and cousin, 
chiefe sachems, granted to Roger Williams, agent for the 
men of Providence and the men of Pawtuxcette, a tract 
of lande, reaching from Pawtuckette river to Pawtuxcette 
river, all the landes between the streams of those rivers, 
and up those streams v/ithout limits for their use of cattle, 
did they grant to the men abovesaid, the men of Provi- 
dence and the men of Pawtuxcette to whom we establish 
the landes aforesaid up the streams of those rivers, and 
confirme without limits, or as far as the men abovesaid of 
Providence and Pawtuxcette shall judge convenient for 
their use of cattle, as feeding, ploughing, planting all 
manner of plantations whatsoever ; we say, all the landes, 
according to the Hmits aforesaid, we establish and con- 
firme to the men of Providence and the men of Pawtux- 
ette, according to their joynt agreement, in the most ab- 



^8 RHODE ISLAND COLONY RECORDS. 

1638. solute tenure of fee simple, to them, tlieir lieires ami as- 
-""^^^^^ signs forever, and hereby binde ourselves, our hcires and 
assignes, not to molest or trouble the men abovesaid in the 
full enjoyment of the land abovesaid. Nevertheless, it 
shall not be lawfull for the men abovesaid to remove the 
Indians, that are up in the country from their fields, with- 
out the Indians' consent and content, nor shall it be law- 
full for any of those Indians to sell any of the landes 
abovesaid to any, only it shall be lawfull for them, to take 
of the men of Providence and the men of Pawtuxcette, 
according to their joynt agreement, satisfaction for their 
removing. And we have established to the men above- 
said the lande and deed granted by our grandfather and 
cousin, so do we also confirme the grants of confirmation 
l)y our cousins Cussuckquanth, Caujaniquanutte and Nen- 
ekealah. 

The mark of SCUTTAPE,^T 

Dated this first of December 1659 — 
Signed and delivered in presence of us 

Manatahs, o his marke, Indian interpreter, 

Nantomoroawe, I his marke, 

Richard Smith, 

Richard Smith jr. 

James Smith, 

William Dyre. 



The marke of QUEQUAOANEWET. 



y-r^ 




TOWN OF PROVIDENCE. 



Letter from Roger Williams to the Toion of Providence, in 
relation to the deeds of confirmation from the successors of 
Conanicus and Miantonomi. 

Loving friends and Neighbours 

Divers of yourselves have so cried out ofRol'^iT^w 
ye contentions of your late meetings that (studying my 
quietness) I thought fit to present you with these few 
lines. 

Two words I pray you to consider. First, as to this 
plantation of Providence ; then, as to some new planta- 
tion, if it shall please y" same God of mercies who provid- 
ed this, to provide another in mercy for us. 

First, as to this Tow^ne. Although I have been called 
out of late to declare my understanding as to y"" bounds of 
Providence and Pawtuxet ; and although divers have 
land and meadows in possession beyond these bounds, yet 
I [feel sure] that none of you thinck me so senceless as to 
put on any barbarian to molest an Englishman, or to de- 
mand a farthing of any of you. 

Second. If any doe, (as formerly some have done, and 
divers have given gratuities as Mr. Field about Nota- 
quonckanet and others,) I promise that, as I have been 
assistant to satisfie and pacifie y"* natives round about us, 
so I hope I shall, still while I live be helpfull to any of 
you y^ may have occasion to use me. 

Now as to some new plantation. I desire to propose y' 
which may quench contention, may accommodate such 
who w^ant and may also return monies unto such as have of 
late disbursed. To this purpose I desire y* we be patient 
and torment not ourselves and y*" native sachems and 
people, putting them upon mischievous remedies, with y*" 
great noise of twentie miles new or old purchase. 

Let us consider if Niswosakit and Wayunckeke and y'" 
land thereabout, may not afford a new and comfortable 
plantation, which we may goe through, with all effectuall 



40 TOWN OF PRO^HDENCE. 

1638. endeavour for true publieke good. To this end, I pray 
'-*"''"*^ you consider, y' tlie inhabitants of these parts with most 
of the Cowwesets and Nipinucks liave long since forsaken 
y Narrigansett Sachems and subjected themselves to y" 
IVIassachusetts ; and yet, they are free to sell their landes 
to any whom the Massachusetts shall not protest against. 
To this end, (observing their often flights, and to stop 
their running to y'' Massachusetts), I have parlled wath 
them, and find that about thirtie pounds will cause them 
to leave those partes, and yeald peaceable possession. I 
suppose then y"" the towne may doe well to give leave to 
about t^^cntie of y"" inhabitants (of which I offer to be 
one, and know others willing,) to laye downe thirtie shil- 
lings a man towards y*^ purchase. Let every one of this 
number have libertie to remove himselfe, or to place a 
child or friend there. Let every person, who shall after- 
ward be receaved into y*^ purchase lay down thirtie shil- 
lings as hath been done in Providence, which may be paid 
(by some order agi'eed on), to such as lately have disbursed 
monies. Unto y'' effecting of this, I offer, gratis, my time 
and paines, in hope, y' such as want may have a comfort- 
able supply amongst us, and others made roome for, who 
may be glad of a shelter allso. 

Yours to serve you 

ROGER WILLIAMS. 
27. 8th month 1660, (so called) 



Answer of the Town of Providence to the foregoing letter of 
RoQ-er Williams. 



"b' 



We received your letter, and it being read in the ears 
of the Towne, they considered this answer : 

First. That from these words in our evidence taken by 
you which are these., "the landes upon Moshassuck and 



TOWN OF PROVIDENCE. 41 

Wanasqnatacket," -svliicli landes, comprehend Masswas- 1G38. 
cutt, it appears ours already, and when we plant there, -*^'-^*-^ 
we will agree with the Indians either to remove or 
fence. 

Second. When, as you say, the Indians have subject- 
ed to the Bay, wee say, they w^ere subject to the Narra- 
gansett sachems when you bought the land which we now 
have, and yourselfe propose yet to buy. And we know, 
that if we let goe our true hold already attained, we shall, 
if not ourselves, yet oure posterity, smart for it ; and we 
conceave herein, that we doe truely understand what 
yourself doth not. And if your apprehension take place, 
as we hope it never will, in these your proposals, we haply 
may see, what we conceive you desire not ; the ruin of 
what you have given name to, viz.: poor Providence. 
As for the natives complaining, we ha:ve not wronged 
them any further than satisfaction, that we know of, nor 
shall not. What their wrongs to us are, w^e have hitherto 
rather smothered, than complained ; yet wx' must tell 
you, that we shall not be averse to any fair gratuity, 
either to take them off their fields or otherwise ; always 
having respect unto the act of the sachems, whom you 
have formerly so much honored. And herein, if you can 
accomplish, we shall be ready to assist with further pay, 
upon our former grounds, otherwise we shall not meddle, 
and forbid any to doe so. Thus in love, though in briefe 
return, we rest your neighbours. 

The Towne of Providence, 
Per me, 

THOMAS OLNEY, jr.. 
Clerk in behalfe of the Town 
October 29, 1660 

To Mr. Roger Williams, these." 



42 ROGER ^YILLIAMS AND HIS ASSOCIATES. 

1647. 

Instructions from the Town of Providence to its committee, 
which, ivith other committees from the towns of Ports- 
mouth, Newport and Warwick, ivere to meet at Ports- 
mouth on the ISth of Mai/, 1647, for the purpose of or- 
ganizing a government. 

To our loving raid well be trusted friends and neighbors, 
Gregory Dexter, William Wickenden, Thomas Olney, 
Robert Williams, Richard Waterman, Roger Y/illiams, 
WilUam Field, John Green, John Smith, John Lippitt. 

We, the greater part of the inhabitants of this plan- 
tation of Providence, having orderly chosen you, at our 
Towne Meeting this 16th of the 3d mo. 1647, to appear 
for us, at the Generall Courte, of this colonye, to be held 
at Portsmouth on Rhode-Island, upon the 18th of this in- 
stant month, desiring the Lord's Providence for your safe 
arrivall there ; we all voluntarily assenting, do hereby 
give you full power and authority as foUoweth : 

First. To act and vote for us respectively or otherwise, 
as if we ourselves were in person, for the settling of this 
Generall courte for the present, and for the composing 
of it, into any figure for the future, as cause shall 
require. 

Secondly. To act and vote for us, as aforesaid, in the 
choice of all generall officers as need shall require. 

Thirdly. If the Generall Courte shall consist of but ten 
men for each towne, then you are to act accordingly 
for this towne ; and if the Generall Courte shall be re- 
duced into a fewer number, which for divers considera- 
tions, may be for the best, then, we give you full power 
to choose from among yourselves, such a number of our 
loving neighbors as shall answer the same figure, unto 
whom, being orderly chosen by you, we do give you 
power to transfer this our commission, giving of them full 
power to act and vote for us the inhabitants of this plan- 



TOWN OF PROVIDENCE, 43 

tation, in all generall affairs, and for the settling of the 1C4T. 
island in peace and union, and for all matters that shall ^-*^-v^««^ 
concerne this particular towne, desiring a careful respect 
unto these ensuing instructions. But if the Courte 
shall consist of ten of each towne, then our desires are 
that this our commission, with the ensuing instructions, 
may remain entire in your hands. 

First. That we may have a true copy of our charter 
assigned unto us by the General Courte for the use of 
oure plantation. 

Secondly. We doe voluntarily, and are free willing, to 
receive and be governed by the laws of England, together 
with the way of administration of them, so far as the na- 
ture and constitution of this place will admit, desiring, so 
far as may be, to hold a correspondency with the whole 
colony in that model that hath been lately shown unto us 
by our worthy friends of the Island, if the Generall Courte 
shall complete and confirme the same, or any other model 
as the Generall Courte shall agree upon according to our 
charter. 

Thirdly. We desire to have full power and authority, 
to transact all our home affairs, to try all manner of caus- 
es or cases, and to execute all manner of executions, en- 
tirely within ourselves, excepting such cases and execu- 
tions as the colony shall be pleased to reserve to generall 
trials and executions. 

Fourthly. We desire to have full power and authority 
to choose, ordain, authorize, and confirme, all our partic- 
ular towne officers, and also, that the said officers, shall be 
responsible unto our particular towne, and that there may 
be no intermixture of generall and particular officers, but 
that all may know their bounds and limits. 

Fifthly. We desire to have an exact and orderly way 
open for appeals unto Generall Courtes, that so, if any 
shall be justly grieved, at any sentence passed, or other- 
wise, he or they may make their lawfull charge for reliefe 
there. 

4 



44 RHODE ISLAND COLONY RECORDS. 

1647. Lastly. Whereas, it was hinted in that which our wor- 
'-*"^'""*^ thy friendes [sent] unto us, that each towne should have 
a charter of civil incorporation, apart, for the transaction 
of particular affairs ; if the Courte shall proceed so far as 
to agitate and order the same, then, we give you full pow- 
er, on our behalfe, to move and procure any thing beside 
these instructions, that in your wisdom you may conceive 
may tend unto the generall peace or union of the colony 
and our own particular liberties and privileges ; provided 
you do all, or the most of you unanimously agree therein, 
and always reserving our equal votes, and equal privileges 
in the generall. 

Thus betrusting you with the premises, we commit you 
unto the protection and direction of the Almighty, wish- 
ing you a comfortable voyage, a happy success, and a safe 
return unto us again. 

Your thankfull friends and neighbors, 

ROGER WILLIAMS, Moderator. 



POUTSMOTJTH RECORDS 

1637 TO 164:7. 



Deed from Cannonicus a?id Miantunnomu chief sachems of 
theNarragansetts, of the purchase of the Island of Ac- 
quedneck {Rhode Island) to William Coddington and 
others. March 24, 1636-37. 

The 24tli of y' 1st month called March, in y° yeare 
(soe commonly caUed) 1637. 

Memorandum. That we Cannonnicus and Miantunno- 
mu y^ two chiefe Sachims of the Nanhiggansitts, by ver- 
tue of our generall command of this Bay, as allso the 
perticular subjectinge of the dead Sachims of Acqued- 
necke and Ititackamuckqutt, themselves and land unto us, 
have sold unto Mr. Coddington and his friends united unto 
him, the great Island of Acquednecke lyinge from hence 
Eastward in this Bay, as aUso the marsh or grasse upon 
Quinunicutt and the rest of the Islands in the Bay (ex- 
ceptinge Chibachuwesa formerly sould unto Mr. Win- 
throp, the now Governour of the Massachusetts and Mr. 
Williams of Providence) ;* allso the grasse upon the rivers 

* The Island of Chibachuwese, now known as Prudence, was bought by 
Roger Williams from the Indians (as stated in the above deed) , who held it as 
a joint proprietor with Governor Wiuthrop. The following letter from the 
Massachusetts Hist. Coll. vol. 3, gives the particulars of the transaction. 

The last of the week, I think the 28th of the 8th. 
Sir: 
The bearer, Miantinomo, resolving to go on his visit, I am bold to re- 



1637. 



46 RHODE ISLA?^D COLONY RECORDS. 

1637. and coves about Kitickamuckfiiitt and from these to Pau- 
^-'-•-•^pansquatch, for the full payment of forty Mhom of white 
beads, to be equally divided between us. In witnesse 
whereof we have here subscribed. 

Item. That by giveinge by Miantunnomus' ten coates 
and twenty howes to the present inhabitants, they .shall 
remove themselves from off the Island before next winter 
Witnesse our hands. 



The marke of CAUNONNICUB. 




In the presence of 



Qy< 



Y^ marke of ^J Yotuesh. 
Roger Williams, 



The marke of 



MIANTUNNOMU. 



A 



Rand ALL. HoLDEN, 

Y** marke of /vy Assotemuet, 

Y° marke of «e Mishammoh, 
Caunonicus, his son. 



quest a word of advice from you, coocerninge a proposition made by Caunoni- 
cus and bimselfe to me some halfe yeare since. Caunnonicus gave an Island 
in this Bay to Mr. Oldham, by name Chibackuv/esa. uppon condition as it 
should seem, that he would dwell there ncare unto them. The Lord (in whose 
hands all our hearts are) turning theare affections towards myselfe, they de- 
sired me to remove thither and dwell nearer to them. I have answered 
beca.use of the store of fish, Canonnicus desires that I would accept halfe, (it 
being spectacle-wise, and between a mile or two in circuit, as I guess) and he 
would reserve the other ; but I think if I goe over, I shall obtain the whole . 
Your loveing counscll, how far it may be inoffensive, because it was once (upon 



TOWN OF PORTSMOUTH. 4 

This witnesseth that I, Wanamatraunemit y° at present 1638. 
sachem, inhabitant of y*" Island, have received five fathom ^-^^-^^^^^ 
of wampum and doe consent to the contents. Witnesse 
my hand. 

Y« marke of WANAMATAUNEWIT. 

In j"" presence of 

Randall Holden. 

Memorandum. That I, Ousamequin freely consent that 
Mr. William Coddington and his friends united unto him 
shall make use of any grasse or trees on ye® maine land 
on Powakasick side, and doe promise loveinge and just 
carriage of myselfe and all my men to the said Mr. Cod- 
dington and Englisli his friends united to him, havinge re- 
ceived of Mr. Coddington five fathom of wampum as gra- 
tuity from himselfe and the rest. 

Dated the 6th of the fifth month, 1638. 

Y° marke of ;^ OUSAMEQUIN. 

Witnesse, 
Roger Williams, 
Randall Halden. 

A true copy per me, 

FRANCIS BRINLEY, Recorder. 
A true copy per me, 

WILLIAM LYTHERLAND, Recorder. 



m\QQ and agaiue, that for the present I mind not to remove ; but if I have it 
from thorn, I would give them satisfaction for it, and build a little house and 
put in some swine, as understandinge the place to have store of fish and good 
feedinge for swine. Of late I have heard, that Mr. Gibbons, upon occasion, 
motioned jour desire and his own of putting some swine on some of these 
islands, which hath made me more desire to obtain it, because I might thereby 
not onley benefit mjselfe, but also pleasure yourselfe, whom I more desire to 
pleasure and honour. I spoke of it now to this sachem, and he tells me, that 
a condition not kept,) Mr. Oldham's. So, with respective salutes to your kind 
selfe and Mrs. Winthrop, I rest, 

Your worship's unfeigned, in all I may. 

ROGER WILLIAMS. 
For his much honoured Mr. Governor, these- 




RHODE ISLAND COLONY RECORDS- 



Receipts by the Sachems on account of the sale of the Island 
of Aquedneck {Rhode Island). 

The 11th day of May, 1639. 
Received by me Miantunnomu (as a gratuity) of Mr. 
Coddington and his friends united for my paines and tra- 
vel! in removeing of the natives off on the Ishmd of 
Aquednecke, tenn fathom of wampumpeage and one 
broadcloth coate. 

A 

MIANTUNNOMU. 

A 
A true copy of the originall entered and recorded. 

pr. JOHN SANFORD, Recorder. 

Dated May 14th, 1639. 
Received of Mr. William Coddington and his friends 
united to him, in full satisfaction for ground broken up or 
any other title or claime whatsoever formerly had of the Is 
land of Aquednecke, the full sum of five fathom of wam- 
pumpeage and a coate. 

VvV WESHAGANESETT, his marke. 
AVitnesses, 
MiANTONOMU, his marke. 



Witness 
Hugh Durdall. 
Thomas Sabery -f his marke. 
A true copy of the originall entered and recorded 

pr. JOHN SANFORD, Recorder. 



TOWN OF PORTSMOUTH. 



49 



June 20th, 1639. 
Received from Mr. William Coddington and of his 
friends united to him in full satisfaction of ground broken 
up, or in any other title or claime whatsoever formerlye 
had of the Island of Aquidnecke, the full sum of five fath- 
om wampumpeage. 

WANIMENATONI, 



1639. 



\ 



his marke. 



Witnesses 
William Cowling, 
Richard S a well. 
A true copy of the originall entered and recorded. 

pr. JOHN SANFORD, Recorder. 

The 22d of November, 1639. 
Received by me Miantunnomu of Mr. William Cod- 
dington and his friends united, twentie and three coates 
and thirteen howes to distribute to the Indians that did 
inhabit of the Island of Aquidnecke, in full of all prom- 
ises, debts, and demands for the said Island, and allso 
two tarkepes. 



MIANTUNNOMU. 



A 




CAUNONNICUS. 



Witnesse 

q mompoucke, 
Wampaminaquitt . 
A true copy of the originall entered and recorded. 

pr. JOHN SANFORD, Recorder, 




RHODE ISLAND COLONY RECORDS. 



Testimomj of William Coddington relative to the purchase 
of the Island of Rhode Island from the Indians, April 
14, lGo2. 

Boston in Massachusetts Bay in New England. 
uinKton',. Whereas there was an agreement of eighteene persons 
cdffci.uut- {q make purchass of some place to the southward for a 
plantation, whither they resolved to remove ; for which 
end, some of them were sent out to view a place for them- 
selves and such others as they should take in to the liber- 
tie of freemen and purchasers with them. And upon 
their view was purchased Rhode Island, with some small 
neighbouring Islands and privileges of grasse and wood of 
the Islands in the Bay, and maine adjoyninge. And 
whereas the sale of the said purchass from the Indians hath 
ever since layne in the hands of "William Coddington, 
Esc[., which being a great trouble to the aforesyed pur- 
chasers and freemen, I, the said William Coddington 
Esq., doe by this writinge promise to deliver the said 
deeds of the purchases, together with what records are in 
my handes belonginge to the said purchasers and freemen 
into the hands of such as the major part of the purchasers 
and freemen shall appoint to receive them ; and doe here- 
by declare, that I the said William Coddington, Esq., 
have noe more in the purchass of right, than any other of 
the purchasers or freemen received, or shall be received in 
by them, but only for my owne proportion. In witnesse 
hereof, I have putt my hand this 14th April, 1652. 

WM. CODDINGTON. 
Signed in the presence of 
Robert Knight, 
George Muning. 
A true copie of the original entered and recorded the 
.7th of April, 1673. 

per me, JOHN SANFORD, Recorder. 



TOWN OF PORTSMOUTH. 51 

William Coddington, Esq., aged aboute seventy-six 1638. 
years, testifyeth upon his engagement, that when he was >--^-'-*--' 
one of the magistrates of the Massachusetts Colony he 
Avas one of the persons that made a peace with Caunnon- 
nicus and Mianantonomy in the Collony's behalfe of all the 
Narragansett Indians, and by order from the authoritie of 
the Massachusetts a little before they made war with the 
Pequod Indians. Not long after this, deponent went from 
Boston to find a plantation to settle upon, and came to 
Acquidneck, now called Rhode Island, where was a sa- 
chem called Wonnumetonomey ; and this deponent w^ent 
to buy the Island of him, but his answer was that Cau- 
nonnicuss and Miantonomy w^ere the chiefe sachems, and 
he could not sell the land ; whereupon this deponent, 
with some others went from Aquidneck Island into the 
Narragansett to the said sachems, Caunonicus and Mian- 
tonmy, and bought the Island of them ; they having, as I 
understood the chief command, both of the Narragansett 
and Acquidneck Island ; and further saith not. 

Taken upon engagement in Newport, on Rhode Island, 
the 27th day of September, 1677. 

Before P. Sanford, Assistant. 

The above is a true copy of the original placed to re- 
cord. Examined by me, February 11th, 1705. 

Weston Clarke, Recorder. 



52 RHODE ISLAND COLONY RECORDS. 

1638. 

.^..-^/ The 7th day of the first month, 1638. 

We whose names are underwritten do here solemnly in 
the presence of Jehovah incorporate ourselves into a 
Bodie Politick and as he shall help, will submit our per- 
sons, lives and estates unto our Lord Jesus Christ, the 
King of Kings and Lord of Lords and to all those perfect 
and most absolute lawes of his given us in his holy word of 
truth, to be guided and judged thea^eby. 

Exod. 24. 8, 4. 

William Coddington, 2 Cron. 11. 3. 

John Clarke, 2 Kings. 11. 17. 

William Hutchinson, Jr., 

John Coggeshall, 

William Aspinwall, 

Samuel Wilbore, 

John Porter, 

John Sanford, 

Edward Hutchinson, Jr., Esq., 

Thomas Savage, 

William Dyre, 

William Freeborne 

Phillip Shearman, 

John Walker, 

Richard Carder, 

William Baulston, 

Edward Hutchinson, Sen'r, 

Henry -|- Bulle, his marke, 

Randall Holden. 

The 7th of the first month, 1638. 
We that are Freemen Incorporate of this Bodie Poli- 
tick do Elect and Constitute William Coddington, Esquire, 
a Judge amongst us, and so covenant to yield all due 
honour unto him according to the lawes of God, and so far 
as in us lyes to maintaine the honour and privileges of his 
place which shall hereafter be ratifyed according unto 
God, the Lord helping us so to do. 

WILLIAM ASPINWALL, Sec'ry. 



TOWN OF PORTSMOUTH. 5S 

I, William Coddiiigton, Esquire, being called and chosen 1638. 
by the Freemen Incorporate of this Bodie Politick, to be a '-^^■^''"*^- 
Judge amongst them, do covenant to do justice and Judg- 
ment impartially according to the lawes of God, and to 
maintaine the Fundamental! Rights and Privileges of this 
Bodie Politick, which sliall hereafter be ratifyed according 
unto God, the Lord helping us so to do. 

WM. CODDINGTON. 

William Aspinwall is appointed Secretary. 

It is agreed that William Dyre shall be Clarke of this 
Body. 





3d Month, 13 day, 1638. 


At a Generall Meeting 


upon publicke notice, there 


being present 




Mr. Coddington, Judge, 


Samuel Wilbore, 


Will. Hutchinson, 


John Sanford, 


John Coggeshall, 


William Freeborne, 


Edward Hutchinson, 


Phillip Shearman, 


William Baulston, 


John Walker, 


John Clarke, 


Randall Houlden, 


John Porter, 





It is ordered, that none shall be received as inhabitants 
or Freemen, to build or plant upon the Island but such as 
shall be received in by the consent of the Bodye, and do 
submitt to the Government that is or shall be established, 
according to the word of God. 

2. It is also ordered that the Town shall be builded at 
the Springe,, and Mr. William Hutchinson is permitted to 
to have six lots for himself and his children, layed out 
at the Great Cove. EXP. 

3. It is also ordered that a General Fence be made 
from Bay to Bay, above the head of the Springe with five^^P^^^'^' 
rayles, the charge to be borne proportionably to every 
man's allottment. EXP. 




RHODE ISLAND COLONY RECORDS. 

4. It is ordered that every one of this Body shall have 
for his present use one acre of Medow for a Beast, one acre 
for a sheep, and one acre and a half for a Horse, to be 
layd out at the discretion of Mr. Sanford and Mr. Wilbore 
and John Porter, with what convenient speed may be, up- 
on notice given of every man's severall Cattle. EXP. 

5. It is further ordered, that every Inhabitant of this 
Island shall be always provided of one muskett, one pound 
of powder, twenty bulletts and two fademe of match, with 
Sword and rest and Bandeiiers, all completely furnished. 

6. It is ordered that the Meeting House shall be set 
on the neck of Land that goes over to the Maine of the 
Island wher Mr, John Coggeshall and Mr. John Sanford 
shall lay it out. 



At a Generail Meeting upon publicke notice, 20th of 
the 3d Month. 

PRESENT. 

Mr. Coddington, Judge, William Freeborne, 
Mr. Will. Hutchinson, John Walker, 

Mr. John Coggeshall, Phillip Sherman, 

Mr. Will. Baulston, Wm. Dyre, Cl'k. 

Mr. John Sanford, 
Mr. Samuel Wilbore, 
John Porter, 

7. It is ordered that the neck of Land by Mr. Esson's 
house shall be sufficiently fenced in with jfive rayles at that 
place where John Sanford, Will. Balston, and Philip Sher- 
man shall appoint, for to lye as a common field belonging 
to the Towne and the fence to be begun on the 2d day en- 
suing. 

8. It is ordered and agreed upon that every man's al- 
lottment recorded in this Book shall be his sufficient evi- 
dence for him and his, rightly to possess and enjoy. 



TOWN OF PORTSMOUTH. 55 



June 10. 



9. It is ordered that Mr. Coggeshall, Mr. Sanford, and 1638. 
John Porter shall lay out the allottments for the Towno ' 
and accordmg to orders, these allottments following are 
layd out hy Mr. Coggeshall and IMr. Sanford. 

Impr. To Mr. Will. Coddington a House lott of Six 
acres, eight poles in breadth and 120 poll in length lying- 
North and South, the breadth East and West along by 
the side of the great pond. 

Itt. Mr. Clarke 6 acres lying upon the west side of 
the same, being of the same bredth and length. 

Itt. To Wm. Dyre at the cove by the marsh G acres, 
being 10 pole in bredth and 50 in length and bounded 
round by the marsh. 

Itt. To Mr. Wm. Hutchinson 6 acres being 10 rod in 
bredth, bounded by the Great Cove on the East and 14 at 
the West and so it runs 80 poles in length westward. 

Itt. To Mr. Samuel Hutchinson 6 acres adjoining ly- 
ing as the former on the North Side. 

Itt. To Mr. Easton 6 acres is granted to lye next the 
Cove on the North side of the Great Cove. 
Itt. To Edw\ard Hutchinson, Senior, Idem. 
Itt. To Edward Hutchinson, Junior, Idem. 
Itt. To John Sanford, Idem, as it is marked out by 
Trees. 

Itt. To Mr. John Coggeshall 6 acres, 20 pole in^^'^"'^^' 
bredth on the East and 96 feet long. 

Itt. To Randall Houlden 5 acres large, 9 pole brodd 
and 96 in length on the North side. 

Itt, To Richard Burden 5 acres large 9 pole in 
bredth, 96 long. 

Itt. To Will. Balston 6 acres on the East side of the 
Spring 10 pole on the West and 80 in length, and 14 at 
the East. 

10. It is also ordered and agreed upon by Generall 
consent that Will. Balston shall erect and sett up a howese 
of entertainment for Strangers, and also to brewBeare and 



est side ol 



56 RHODE ISLAND COLONY RECORDS. 

1638. to sell wines of strong waters and such necessary provi- 
^"^'^^-•^^ sions as may be usefull in any kind. 

11. It is ordered, that Mr. Coggeshall and Mr. Sanford 
are appointed to lay out 10 acres of plowing Ground for 
Mr. Coddington, and 6 acres to Mr. Wm. Hutchinson for 
the same use. 



At a Gcnerall Meeting upon Publik notice the 27th of 
the 4th month 1638. 

PRESENT. 

Mr. Wm. Coddhigton, Judge,Mr. Wilbore, 
Mr. Wm. Hutchinson, John Porter, 

Mr. John Clarke, Randall Houlden, 

Mr- Coggeshall, Wm. Freeborne, 

Mr. Balston, John Walker, 

Mr. Edw'd Hutchinson, Sen., Richard Carder, 
Edw'd Hutchinson, Jr., Henry Bull, 
Mr. Sanford, Wm. Dyre, Cl'k. 

It is ordered by Generall consent, that Wm. Balston 
and Edward Hutchinson are chosen Sergeants of the 
Traine Bands, and Samuel Wilbore, Clarke thereof and 
Randall Houlden and Henry Bull are chosen Corporalls. 

Whereas ther be divers, as well Inhabitants as Free- 
men, who have taken up certaine proportions of Land in 
the Island of Aquethnek ; It is ordered that they shall 
pay in lieu thereof two shillings for every acre that they 
doe enjoy and so the like summ to be payed of all such 
who shall hereafter be admitted as Inhabitants into the 
Island. And it is further ordered that these monies shall 
be paid, the one half presently, and the other half at three 
months end ; and it is further ordered that those who 
shaU pay in their monies shall bring in a note unto the 



TOWN OF PORTSMOUTH. 57 

Company under the Treasurer's hand, his name and lands 1638. 
then to be Registred in the Records according to a former ^-''^-''^"*-^ 
order, folio 1 number 8. 

14. Mr. Wm. Hutchinson and Mr. John Coggeshall 
are chosen Treasurers for the Company for one whole year 
next ensuing, or untill such time as new be chosen. 

15. It is ordered, that all such sumes of money as the 
Treasurers shall receive, they are to dispose of and employ 
by the Company's order, and no otherwise ; and to be ac- 
countable for the same to the Company when they shall 
require it of them. 

16. It is ordered, that Mr. Hutchinson and Mr. Cogges- 
hall Treasurers of the Company shall receive and dis- 
charge such sumes of money as the Company hath com- 
ming unto them, and is indebted by them ; the sight of 
this order given under the parties hand that receives 
them shall be their discharge. 

17. It is ordered that Mr. Sanford with four others 
shall presently repair the Highways between Titicutt and 
Aquethneck, and to be paid out of the Treasury. 

18. It is ordered that if any of the Freemen of this 
Body shall not repair to the publick meetings to treate 
upon the publicke affairs of the Body, upon publick warn- 
ing (whether by beate of the Drumm or otherwise) if they 
fayle one quarter of an houre after the second sound, they 
shaU forfeitt twelve pence ; or, if they depart without 
leave, they are to forfeitt the same summ of twelve 
pence. 



58 RHODE ISLAND COLONY RECORDS. 

1638. 

^^''^^^'^^^ ^Vt a Gcnerall Meeting on the 20th of the 6th mo, 
1638, upon publick notice. 

PRESENT. 

Mr. Coddington, Judge, PhiUip Shearman, 

Mr. Wm. Hutchinson, Rich'd Carder, 

Mr. Clarke, Randall Houlden, 

Mr. Willbore, Edw. Hutchinson, 

Mr. Sanford, Will. Dyre, Cl'k. 
Wm. Freeborne, 

It is agreed that a pair of Stockes with a whipping 
post shall forthwith be made and the charges to be paid 
out of the Treasury. 

20. It is ordered that those allottments which are to 
be layed out for the Towne, are to be layed out eight 
Rodd broad up along the spring, and six rodd broad along 
by the water's side, and the length to be left to the fur- 
ther consideration of the Body, 

21. It is agreed this present 20th of the 6th by the 
Generall consent of the Body present. That Mr. Richard 
Dummer, Mr. Nicholas Esson, Mr. William Brenton, and 
Mr. Robert Harding ai'e admitted as Freemen of this So- 
ciety with them fully to enjoy the priviledges belonging 
to that Body. 



TOWN OF PORTSMOUTH. 59 

1638. 

At a Generall Meeting upon Publick Notice this 23d of 
the 6th month [1638.] 

PRESENT. 

Mr. Cocldington, Judge, Mr. Edw'd Hutchinson, 

Mr. Dummer, Mr. Brenton, 

Mr. Esson, Mr. Willbore, 
Mr. Hutchinson, John Porter, 

Mr. Clarke, Wm. Freeborne, 

Mr. Harding, Eich'd Carder, 

Mr. Sanford, Randall Houlden, 

William Dyre, Cl'k. 

22. It is agreed that thirteen lotts on the west side of 
the Spring shall be granted to Mr. Richard Dummer and 
his friends, to witt, Mr. Stephen Dummer, Mr. Thomas 
Dummer, Mr. Esson, Mr. Jefferyes, Mr. Doutch, Wm. 
Baker, Mr. Spencer, Adam Mott, Robert Field, James 
Tarr, Mr. Harding, and thess to build ther at the spring 
at farthest, or else their lotts to be disposed of l3y the 
Company. 

23. It is ordered that a Howse for a prison, contain- 
ing twelve foot in length and tennfoote in breadth and ten 
foote studd, shall forthwith be built of sufficient strength 
and the charges to be payed out of the Treasury. And 
the oversight of the work being committed to Mr. William 
Brenton. 

It is ordered that the remainder of the Grass, which 
is yet uncut at Hog Island shall be granted to Mr. Bren- 
ton to mow this yeare for his necessity. E.X.P. 

25. It is ordered that Mr. Richard Dummer, in regard 
of a mill that he undertooke to build, which was conceived 
to be usefull to the plantation, he should be accomodated 
answerable to a Man of a hundred and fifty pounds estate 
aUottments. 

26. It is ordered that Mr. Richard Dummer with his • 
friends, whose names are Recorded in the 22: order shall 

5 



60 RHODE ISLAND COLONY RECORDS. 

1638. eytlier be accomodated with us in the present plantation 
^^^--^'^ equall to ourselves, or in case there be not sufficient ac- 
comodations here, then to accommodate them on some 
other parte upon the Island. 

27. It is ordered according to a former choyce that 
Randall Iloulden shall be Marshall for one whole yeare. 



At a Generall Meeting on the 15th of the 7th month, 
[1638.] 

PRESENT. 

Mr. Coddington, Judge, Mr. Sanford, 
Mr. Esson, Henry Bull, 

Mr. Hutchinson, John Porter, 

Mr. Coggeshall, Randall Holden, 

Mr. Clarke, Will'm Dyre, Cl'k. 

By virtue of a Warrant, George Willmore, George Par- 
ker, John Lutner, John Arnold, Samuel Smith, Robert 
Stanton, Anthony Robinson, John Yahun, being summon- 
ed to appeare before the Body for a Riott of Drunken- 
nesse by them committed on the 13th of the 7th month : 
It was accordingly agreed and ordered in regard the de- 
fault was different in some circumstances, That George 
Willmore and George Parker should pay into the Treasury 
5 shillings a piece, and to sett till the evening in the 
Stockes ; and that John Lutner should pay 5 shillings and 
sett one houre in the Stockes ; and that Samuel Smith, 
Ro])ert Stanton, Anthony Robinson and John Vahun 
should pay 5 shillings a piece as a fine for their default. 

29. It is further ordered, that Mr. Esson, Mr. Cog- 
geshall, and Mr. Willbore shall view all such damages 
that are done upon the Corne and other fruits, and ac- 
cordingly shall give information to y" Body. 



TOWN OF POKTSMOTJTH. <31 

1638. 

At a Generall Meeting upon Publicke notice, the 5th 
^fthe 9th month, 1638. 

PRESENT. 

Mr. Coddington, Judge, Mr. Sanford, 

Mr. Hutchinson, Mr. Freeborne, 

Mr. Brenton, Philip Sherman, 

Mr. Clarke, Henry Bull, 

Mr. Balston, / 7 John Walker, 

Mr. Willbore, ' Randall Houlden. 

Mr. Hutchinson, Wm. Dyre, Cl'k. 

30. It is ordered, that on the 12th of this 9th month 
ther shall be a generall day of Trayning for the Exercise 
of those who are able to beare amies in the arte of military 
■discipline, and all that are of sixteen yeares of age, and 
upwards to fifty, shall be warned thereunto. 

31. It is ordered, that Mr. Sanford and Mr. Jeffries 
shall lay out the House lotts for the towne, three acres to 
each house, to thoss that are not yett provided for ; and it 
was further ordered, that those who were upon the first 
discovery (and freemen) shall be provided according to 
Six acres a howse lott as neare to their bowses as conven- 
iently may be. 

32. It is ordered, that Mr. Edward Hutchinson shall 
Bake Bread for the use of the plantation, and that his 
bread for the assize shall be ordered by the Body. 



RHODE ISLAND COLONY RECORDS. 



1638. 



At a General! Meeting upon the Publicke Notice, the 
16th of y*^ 9th, [1638.] 

PRESENT. 

Mr. Coddington, Judge, Mr. Hutchinson, 

Mr. Esson, John Porter, 

Mr. Hutchinson, John Sanford, 

Mr. Clarke, Will. Freeborne, 

Mr. Brenton, John Walker, 

Mr. Coggeshall, Henry Bull, 

Mr. Balston, Richard Carder, 

Mr. Willbore, Randall Holden, 

Wm. Dyre, Cl'k. 

It is ordered, that John Porter and John Sanford shall 
treate with Mr. Nicholas Esson, and shall fully agree with 
him, in allowing of him sufficient accommodations for foure 
Cowes and planting grownd as they shall think meett, all 
which is for the setting up of a Water Mill which the 
said Mr. Esson hath undertaken to build for the necessary 
use and good of the plantation ; and further it is granted 
to the said Mr, Esson that he shall have liberty to fall and 
carry away any such timber as shall be of necessary use 
for the present building of the Mill. 

Forasmuch as John Lutner, Carpenter, is departed the 
Island without leave or licence, and is found to be in- 
debted to sundry persons ; It is therefore ordered, that Mr. 
William Brenton and Mr. John Coggeshall shall seize upon 
his howse and what he hath in the same, and shall satisfie 
themselves and others of his Creditors, so farr as it shall 
goe, being by them lawfully prayzed. 

It is ordered that Mr. Coggeshall and Sargent Hutch- 
inson, and Mr. Willbore, and Mr. Dyre, are appointed for 
the Venison trade with the Indyans, and that they are not 
to gi^e them above three half pence a pound in way of 
trade, and that those truck masters doe sell forth the said 



TOWN OF PORTSMOUTH. 



63 



Venison for two pence a pound ; a farthing for eac\\ pound 1638. 
being allowed to the Treasury, and the rest be unto them- ^-'^-^^ 
selves for their attendance thereon. 



At a Generall Meeting 


; of the Body on the 2d of the 


11th month, 1638. 




PRESENT. 


Mr. Coddington, Judge, 


John Porter, 


Mr. Esson, 




Randall Holden, 


Mr. John Clarke, 




Wm. Freeborn, 


Mr. Coggeshall, 




Adam Mott, 


Mr. Brenton, 




John Walker, 


^Ir. Jeremy Clarke, 




Henry Bull, 


Mr. Willbore, 




Rich'd Carder, 


Philip Sherman, 




AVm. Dyer, Cl'k. 


By the 


consent of the Body. 




It 


is agreed. 



That such who shall bee chosen to the place of Eldership, 
they are to assist the Judge in the Execution of Justice and 
Judgment for the regulating and ordering of all offences 
and offenders : And for the drawing up and determining of 
all such Rules and Laws as shall be according to God, 
which may conduce to the Good and Wellfare of the Com- 
monweale. And to them is committed by the Body the 
whole care and charge of all the affairs thereof. And that 
the Judge together with the Elders shall Rule and Gov- 
€rne according to the Generall Rule of the word of God, 
when they have no particular rule from God's word by 
the Body proscribed as a direction unto them in the case. 
And further it is agreed and consented unto. That the 
Judge with the Elders shall be accountable unto the Body 
once every Quarter of the year (when as the Body shall be 
assembled) of all such cases, actions and Rules which 
have passed through their hands ; by them to be scanned 



64 RHODE ISLAND COLONY RECORDS. 

1638. and weighed by the word of Christ. And if by the Body 
•-^-^^-^' or any of them the Lord shall be pleased to dispense light 
to the contrary of whatt by the Judge and Elders hath been 
determined formerly, that then and there it shall be re- 
pealed as the act of the Body. And if it be otherwise , 
that then it shall stand till further light concerning it 
for the present, to be according to God, and the tender 
care of Indulgent Fathers. 
Given this 2d of 11th, 1638. 

WILL'M DYRE, Cl'k, 

The votes being unseal' d upon this conclusion, and the 
Providence casting it upon Mr. Esson, Mr. Coggeshall and 
Mr. Brenton, it was further ratified as followeth, viz. : 

By the Election of the Body, Mr. Nicholas Esson, Mr. 
John Coggeshall and Mr. Brenton are chosen and called 
on unto the place of Eldership to assist the Judge in the 
Execution of Justice and Judgment for the regulating and 
ordering of all offences and offenders, and for the drawing 
up and determining of all such Rules and Laws as shall be 
according to God, which may conduce to the good and 
wellfare of the Commonweale, &c., as aforesayd. 

It is ordered, that Mr. John Clarke, with Mr. Jefferies, 
and John Porter, and Richard Burden, shall survey all the 
Lands near abouts, and shall bring in a Mapp or Plott of 
all the s'd lands, and so to make Report to the Judge and 
Elders, Avhereby they may receive information and direc- 
tion for the distribution to each man his Property. 

It is ordered, that M\\ Jefferics and Will. Dyre shall 
lay out and measure the home allotments. 

These particular cases, vizj To deal with Wm. Aspin- 
wall concerning his defaults, as also concerning Invasions 
forreinc and domestick, as also the determination of Mili- 
tary discipline, and the disposing of the lands, as well the 
howse lotts and impropriations, is committed to the Judge 
and Elders to agitate and dispose of. 




TOWN OF PORTSMOUTH. 



The 24th of the 11th month, [1C38.] 
The Body being assembled with the Judge and Elders 
it was agreed (as necessary) for the Commonwealth, that a 
Constable and Sargeant should be chosen by the Body to 
execute the Lawes and penalties thereof, viz.: The Con- ^le's^omce*" 
stable is to see that the peace be kept, and that there be 
no unlawfuU Meetings, or any thing that may tend to 
Civill disturbance practised ; and furthermore he is to in- 
form in Generall of all manifest Breaches of the Law of 
God, that tend to civill disturbance, and that he hath au- 
thority to command partie or parties, one or more, as need 
shall require, to assist him in the discharge of his office. 

The Sergeant he is to attend all Meetings of the Judge 
and Elders, and to execute the sentences of y° Court ; and 
he is to serve all warrants directed unto him ; and to in- 
form of all breaches of the Lawes of God that tend to JJ^^^^f^^^-^ 
Civill disturbances : And further he is to keep the prison, *"'°- 
and such who shall be Committed unto his custody with 
all safety and diligence. And unto him is granted au- 
thority to command partie or parties, one or more as need 
shall be, to assist him in the discharge of their severall 
offices. 

Samuel Willbore by the consent of the Body is chosen 
Constable, and is invested with the authority aforesayed, 
and what else shall be found meet to concurr with that of- 
fice of Constableship. 

Henry Bull is by consent of the Body chosen Sergant, 
and invested with the authority aforesayd, and what else 
shall be found meet to concurr with that office of Ser- 
geantship. 

It is ordered, that the prison formerly agreed upon shall 
be proceeded withall, and finished ; and that Mr. Esson 



66 



RHODE ISLAND COLONY RECORDS. 



1638. shall assist Mr. Brenton in the worke, and then that it be 
-""'"^^sett neare or jojned unto the howse of Henry Bull, 
Sero'eant. 



BY THE JUDGE AND ELDERS, 

ON THE 7th, 12th month, (1G38-9). 

Richard Maxon, Blacksmith, upon complaints made 
against him, was accordingly detected for his oppression 
in the way of his trade, who being convinced thereof, 
promised amendment and satisfaction. 

Osamond Doutch, upon complaint and information 
against him concerning damage and wrong done by him, 
promised to give satisfaction when his accusers shall be 
produced, and thereupon bond taken of him with the en- 
gagement of his Shallop to the performance of the same. 

Thomas Boeder, John Marshall, Robert Stanton and 
Osamund Doutch are admitted as Inhabitants. 

Mr. Aspinwall being a suspected person for sedition 
against the State, it was thought meet that a stay of the 
building of his Bote should be made ; whereupon y^ work- 
man was forbidden to proceed any further. 



TOWN OF PORTSMOUTH. 67 

1C38. 

On the 21st, 12th [month], 1638. ^----~ 

It is ordered, that the neck of Land lying in the Great 
Cove, containing about two acres or thereabouts, one cor- 
ner whereof butting upon Sergeant Hutchinson's, and 
lying Northeast and Sonthw^est, joining to the Maine of 
the Island, is granted to Mr. Samuel Willbore, for him 
and his rightly to possess and enjoy, and is to go as a 
part of his second division, which is to be layd out 
hereafter. 

It is ordered, that that lott which was reserved for Val- 
entine Hill is granted to Sergeant Hutchinson as part of 
his second division, if so be Valentine Hill doth not come 
to Inhabitt and build thereon. 

Joseph Clarke, Kobert Carr and John Driggs are ad- 
mitted Inhabitants. 

It is ordered, that the Swine that are upon the Island 
shall be sent away from the plantation six miles up into 
the Island, or unto some Islands adjacent, by the 10th of 
the 2d, 1639, or else to be shutt up that so they may be 
iaoffensLve to the Towne. 



On the 6th of the 2d [month], 1639. 
Whereas, ther was an order by the Body that Mr. Es- 
son, Mr. Coggeshall and Mr. Willbore should take a view 
of the severall damages done by the Cattle of severaU 
heards of Cattle ; and accordingly to give information, 
which being done, we, the Judge and Elders doe further or- 
der that every one who shall come to make demand thereof, 
shall have liberty to demand of every such person whose 
Cattle hath done the harme according to the information 
given in by them ; and that if such persons shall refuse to 
pay, that then both parties shall in time convenient repair 



68 RHODE ISLAND COLONY RECORDS. 

1639. to the Court, and there in a legall way according to God 

'-«'"~'^"*^ implead each other ; and that if any shall refuse to make 

their personal appearance, that then warrants shall be 

granted for the destraining for the due satisfaction of the 

endamaged. 

It is ordered that those parcels of Grownd which were 
planted the last yeare by severall persons ; That they 
shall have libertie to plant it also this yeare ; and then all 
parcels of Lands to returne unto the Towne, or to such 
to whom the Land shall be appropriated unto for any 
charge concerning it, shall be left unto the arbitration of 
such who shall be thereunto appointed. 

It is ordered, that all such Hoggs as shall be found 
Avithin the Towne after the 10th of the 2d, shall pay two 
pence for each hogg ; and it shall be lawfull for any man 
to take them up and retaine them in their Custody till the 
said Summ be paid ; and that the owners thereof, forth- 
with upon the deliA^ery, shall convey them away, that they 
be no more offensive, and the Sargeant shall see that this 
Law be devvdy executed. 

It is further ordered, that a place for y*" impounding of 
Cattle shall be made and sett up in some convenient place 
of each Towne, and that the Treasurer shall see it accom- 
plished and satisfie for it within 30 days after the 5tli of 
May, 1640. 

It is ordered, that in regard of the many Incursions that 
the Island is subject unto, and that an Alarum for the se- 
curing the place is necessary therefor ; it is thought meet 
for the present that an Alarum be appointed to give notice 
to all who inhabit the place, that they may forthwith re- 
pair and gather together to the Howse of the Judge for 
the defending of the Island or quelling any Insolences 
that shall be tumultuously raysed within the Plantation. 
Therefore, the Alarum that we appoynt shall be this. 
Three Musketts to be discharged distinctly, and a Ilerauld 
appointed to goe speedily throw the Towne and crye Alar- 



TOWN OF rORTSMOUTH. 



um, Alarum ! Upon which, all are to repaire immedi- 1639. 
ately to the place aforesayecl. 's-.»->^-«fc,- 



On the 28th of the 2d month, 1639. 
Upon the complainte of Jeffrey Champlin in the he- 
halfe of a debt due to William Cowley and himselfe from 
Mr. Aspinwall, warrant was granted forth, for the attach- 
ment of his shallopp till both that debt and other actions of 
the case be satisfied and discharged by him. 



[The Newpoi't Colony separated at this time, as wil! shortly- appear. Their 
records commence on this day, the 28th of the 2d month, April, 1(J39, and are 
complete and continuous after. That colony being the largest, seems to have 
taken with it, and continued the Portsmouth records, which have been followed 
up to this time. From this date, for the continuation of the Portsmouth re- 
cords, we have resorted to the town records, which have been followed to the- 
period of the union of the four towns in 164*7. The first part of these records 
are either mutilated or obliterated, and past recovery. The greater portionr 
however, relate to grants of land and other matters of a local nature. The 
agreement entered into, is nearly entire and follows, together with som^e othcs' 
brief records.] 



70 RHODE ISLAND COLONY RECORDS. 

1639. 

^-v^' Aprill the SOth, 1639. 

We, whose names are under [written doe acknowledge] 
ourselves the legall subjects of [his INIajestie] King 
Charles, and in his name [doe hereby binde] ourzelves 
into a civill body politicke, unto his lawes according to 
matters of justice. 

Will'm Hutchinson, w T. Havenz, WH marke, 

Samuel Gorton, George Chare, ^ 

Samuel Ilutcliinson, 

John Wickes, George Lawion, 

Richarde Maggsen, Anthony Paine, C l^is marke, 

Thomas Spicer, Jobe Hawkins, H marke, 

John Roome, R marke, Richard Awarde, 

John Sloffe, I marke, John Mow, [SJ his marke, 

Thomas Boeder, Q marke, Nicholas Browm, fsj his marke, 
Erasmus Bullocke, Will'm Richardson, f marke, 

Sampson Shotten, John Trippe, 

Ralph Earle, Thomas Layton, T l^is marke, 

Robert Potter, Robert Stainton, 3 liis marke, 

Nathanyell Potter, 11 marke, John Briggs, his f niarke, 
George Potter, f marke, James Davice, i~l"|, his 

[marke. 



ApriU 30th, 1639. 

According to the true intent of the [foregoing instru- 
ment, wee] whose names are above particularly [recorded, 
do agree] joyntly or by the major voice to g[overne our- 
selves by the] ruler or judge amongst us in all [transac- 
tions] for the space and tearme of one [yeare, he] 

behaving himselfe according to the t[enor of the same.] 

We have freely made choice of to 

be ruler or judge among us. 

We have also, for the help and ease [of the conducting 
of] public business and affairs for [the colonies] for one 



TOWN OF PORTSMOUTH. 71 

yeare, allso chosen unto him William Ballston, William 1639. 

Freeborne, John Porter, John , John AVall, Philip ^--'^--*^ 

Sherman, as allso William Aspinwall to lay out lands as 
they shall be disposed. 

We have also made choice of ....... . 

amongst us for this yeare ensuing. 

It is appoynted that there shall be [a court held every] 

yeare, every quarter, one for 

to doe right betwixt man and [man — a] j[ury of twelve 
men ; as also it is [ordered, that] the eight men chosen 
unto him [shall hold a] meeting amongst themselves, to 
consult [together] ; as also to put an end to any contro- 
verzey, if it amount not to the valine of fortie [shillings]. 
The Judge, with the rest of the eight men [shall decide it] 
if brought to y^ publicke Court. 



At a monthly meeting, y° 1639. 

Job Hawkins was granted one house lott neare y" west 
side of the swampe, to build on within one yeare, or be 
forfeit at y^ yeares end. 

It is ordered, that y® meddow above — — , be laid 

out according to each man's apportion. 



At a monthly meeting held the last Thursday, it is or- 
dered, that no man shall sell hm lott or offer it to y° boddy 
here in Portsmouth. 

It is ordered, that John Poller and Thomas Spicer 
shall [receive from y'] inhabitants of y^ lastly purchased 
meddows, theire monies for this yeare, and bring it to y' 
[Towne]. 



72 RHODE ISLAND COLONY RECORDS. 

1639. 

[At monthly meetings held on the last Thursday of the 
7th, 8th, 9th, 10th and 11th months, 1639, lots are 
granted to John Alborah, John Pane, — — Freeborne, 
John Vane and others, all on condition that they shall 
build on them within a year, or forfeit them. These 
records are much defliced and cannot be made out entire.] 



At a quarter meeting of the first of y"" 5th month, 
1639. 

[It is agreed], that every man that hath a house lott 
shall build upon the same within one [yeare after, or] he 
loseth it. 

Mr. Thomas Spicer and Robert Potter are chosen sur- 
veyors for y"" highways and ....... come 

in two, foure, or six dayes at .... . this, and 

y*" 29 of 7th month next ; and if the next .... 

. as he cannot come or procure a man, he . 
. . . day to y" surveyor, and the surveyors to 
[make report to] y° Court at y® yeares end. 

It is agreed upon, to call this town Portsmouth. 

To Richard Hawkins is granted one house lott to build 
upon in one yeare, or to be forfeited. 

To Thomas Slaid is granted one house lott upon y^ same 
tearmes. 

To Mr. Thomas Waite, one house lott next Mr» 
Wickes. 

To Edward Fisher, one house lott next him. 



TOWN OF PORTSMOUTH. 




At a Quarter meeting y^ first Tliursday, 1639, Mcliolas 
Browne dotli dismisse himselfe of tlie government lieare. 



At a meeting the 10th of y® 12th month, 1639, and 
further confirmed y® 18th of the same month. 

It is mutually agreed by the purchasers that those 
quantities of graine in the places fol- 
lowing : 

William Hutchinson, four hundred acres .... 

. north side of y*" salt crick at Sachueast and bounded 
on the west, and soe to run northward. 

John Sanford, two hundred and fortie acres. 

William Aspinwall, two hundred acres ..... 
Sandy point of the same side, to pay 

Philip Shearman, two hundred acres from the towne of 
y® same side. 

William Freeborne, one hundred and fortie acres . 
. at his little meddow, and soe south west. 

John Walker, one hundred acres, next . 

William Baulston, two hundred and fortie acres 

brooke, on y*" north east end of his meddow. 

John Porter, two hundred and fortie acres. 

Edward Hutchinson, two hundred acres 

and if there be no meddow within his land of two acres, he 
is to have two Porter's meddow. 

Richard Carder, thirtie acres next. 




RHODE ISLAND COLONY RECORDS. 



The 22d of 



It is granted at a piiblicke meetinge, held at Ports- 
mouth, that there is libertie [given] for men to get a shipp 
load of ... . and pipe staves, and clapboard un- 
der directions of the towne of Portsmouth. That these 
men which doe proportion [said articles] shall bringe in 
the commodities unto [the towne], and tliey shall part 
with .... which the .... for the stuff 

such pays as men are able to [give in] 

. or goats, or hogges, or other .... They 
saye men shall get noe .... at the sayd towne 
of Portsmouth . . . . to see to gett plankes and 



Second day of November, 1642. 

First, It is ordered, that whosoever shall [be possessed] 
of land whereuppon Thomas Gorton hath [built a] house, 
shall keepe the ferric. 

Also, it is ordered, that the ... . necke of land 
where uppon his .... unto him by the towne. 



TOWN OF PORTSMOUTH. 



At a town meeting, the 26tli of Aprill, for y' town of 
Portsmouth, held at Mr. Marlbourn's. 

The Deputie Governor, he will lend unto .... 
one yearling steere. 

Mr. Potter, hee will lend one yearling. 

Mr. Baulston, one calfe. Ralph Keerd, one yearling. 

Adam Mott, one yearling goat. 

Richard Borden, one yearling goat. 

Ralph Howland, one yearling. 

John Briggs, one shote. 

Thomas Borden, one bushell of wheat. 

William Freeborn, one bushell of wheat. 

Mr. Cornell, one goat. 

It is ordered, and agreed, that the forty [acre] fields 
are to be made up by the 10th of ... . 

It is ordered, that the hoggs [be driven] away out of 
the corne lotts by [the owners] ; and for every hogge 
that is found in [them] after the 1st of March, to pay . 




At a meeting, the 4th of the 12th month, 1640. 
It is ordered, that Mr. Porter, and Mr. , [be au- 
thorized] to laye out for Mr. Samuel Hutchinson, 
. in the south east neck on the common . 
[acres] unto them both. Ruphus Barton to have . 
. . . Mr. Hutchinson to lye next .... of 
seven acres on Pocasset side. 

It is further ordered, that Mr. Samuel Wilbour [have 
. . . . [acres of land in consideration of six acres, 
he shall have [given to] Lieutenant Ballston. 
6 



76 RHODE ISLAND COLONY RECORDS. 

1640. It is ordered, that Mr. Balston, Mr. Cornell, and 



[have] a piece of meddow in the common fence on the 
south side of ... . they fence it in at their own 
cost. 

Itt is further ordered, that oulde Mr. Barton shall have 

on the Island, a piece of meddow for that 

and fensing that from the sea. 

It is further ordered, that Henry Bull shair[have the] 
north field, and that Goodman Barton shall have . . . 
. plant where Mr. Porter and Lieuftenant Balston. 

It is ordered, that Lieuftenant Baulston [shall have] a 
millwright to build a mill, whose charge [shall be to] the 
Treasurie. 



The 25th of February, 1642. 
At a towne meetinge. 

William Shelbourne and James Badcock are admitted 
inhabitants of the town of Portsmouth. 



At a meeting of the free inhabitants of the Towne of 
Portsmouth, the 13th of the first month, [March, 1643], 
at the house of William Cry, voted, that 
Joseph Sheffield be chosen moderator. 
John Borden, and Daniel Wilcocke are chosen to the 
grand inquest at Newport. 

Thomas Manchester, } 
Tobias Brown, V are chosen jurymen. 

Robert Hodgson, J 
Voted, that this meeting be dissolved. 



TOWN OF PROVIDENCE. 



5th of October, 1643. 

It is ordered, at a Towne meeting in Portsmouth, that 
Richard Morise and James Badcocke [shall look] up all 
the armes in the ToAvne w[ithin] the month above writ ; 
and that .... and John Briggs shall go to every 
house and [see] what armes are defective ; and that the 
men whose armes are [to be handed] in to be 'mended by 
the time abovesaid. If the armes be not brought in time- 
ly, to forfeit five shillings. 

It is further ordered, that every man shall have foure 
pounds of shot lying by him, and two pounds of powderj, 
and to have it in readiness by the 24th of this month. 

It is further ordered, that upon the 24th day of this 
month, there be a generall trayning of the men ; and that 
every man be in readiness at the beate of the drum. 

It is ordered further, that the lot laid out to Robert Bel- 
low at the first brook, he shall enjoy it ; he using his 
trade for the benefit of the towne. 

It is ordered further, that five acres be layed out to 
John Porter next unto the swampe down to the sea in 
satisfaction for ten acres of land, which is the land granted 
to William Woodwell. 

It is ordered, that ten acres of land be laide out to 
James Badcocke at the first brooke, next the footpath 
eastward ; being ten rods next .... for a high- 
way. 

It is ordered, that Thomas Fish shall have .... 
. acres of lande at the first brooke. James Bad- 
cocke towarde the head of said brook. 

It is ordered, that there shall be no more lande layd 
out next the first brook. 

It is ordered, that James Sands shall have the remain- 
der of the lande not laide out next the rounde medowe, 
and the end of ... . provided, there be a hie- 
way left for John Porter to the sea. 




78 RHODE ISLAND COLONY RECORDS. 

1643. It is further ordered, that there shall be a Towne watch 
*-*"^^^' kept every night ; and those that keep it shall be paid 
out of the Treasurie. 



[An entire page is here obliterated.] 

Thomas Cook is received an inhabitant, and has given 
Ms engagement unto the government. 

ffrancis Braitten is received an inhabitant, and has given 
engagement unto the government. 

Thomas Genings is received an inhabitant, and has 
given engagement unto the government. 

Thomas Cook hath propounded for a lott. 

Ffrancis Braitton hath propounded for a lott. 

It is ordered, that the lott that was granted unto Good- 
man Holyman is forfeited unto the Towne by reason 
there was an order that men should build uppon theire 
lotts by such a tyme, which hee hath not done ; and 
therefore the towne does dispose of it, as they see good ; 
provided, that if there bee any thinge about it that injoyed 
usefuU, he is to be satisfied for it. 

It is ordered, that Mr. Baulston and Mr. Wilbour are 
chosen by the towne to view the fences, [and see how] it 
shall rune, and that they see it divided rightly. 

It is ordered, that Mr. Porter is chosen to see the 
Newport men, that they would be pleased to ... . 
noe interest nor tytle in that 100 acres of land that they 
owe unto the Dep't for the Towne if willing to accommo- 
date him with as much conveniency to his farme as may 
be. 



TOWN OF PORTSMOUTH. 



At a Generall Towne Meetinge at Portsmouth, 1st of 
March, 1643. 

[An entire page is here obliterated.] 

It is further ordered, that whenever there was land 
granted to Nicholas Browne about the towne ; and other- 
wise disposed of, it is to him to have twentie ackers at 
the head of Goodman Mott's lotte, or thereabouts. 

It is further ordered, that Thomas Gorton have ten 
ackers of lande granted unto him, on the other side of the 
brooke, right agaynst James Badcocke, to be layed out at 
the ser .... of the lottes, in case Goodman 
Emeres be still unwilling that the sayd Thomas Gorton 
shall enjoy the twentie ackers, for that was formerlie his ; 
and if Goodman Emmerge will have the ten ackers, then 
Thomas Gorton is to have the twentie ackers. 

It is further ordered, that John Trip have granted three 
ackers of land joyning unto Thomas Gorton, either syde of 
him, as should be judged meet by the latter. 

That is to say, if that ten ackers which is granted unto 
Thomas Gorton, or to Goodman Emeries .... if 
they enjoye it. 

It is further ordered, that those last orders about trayn- 
ng, and for every man to have so much powder, and so 
many buUetts, and so the forwarning is to stand still in 
force ; and also that every man do come armed unto the 
meeting upon every sixth day. 





RHODE ISLAND COLOKY RECORDS. 



The 10th of April!, 1643. 

It is ordered, and the towne hath chosen, that Mr. 
William Brenton is to order the dayes of trayning [and] 
judge [what is] to be the convenient tyme. 

Mr. William Baulston and Captaine .... [are 
to go] to every inhabitant [in Portsmouth and] see wheth- 
er every one of them has pow^der, and what bulletts run, 
within ten days of the [trayning.] 

Every one deserting is to forfeit five shillings. 

Ordered, that the constable work the 15th of this 
month, and that every man [carry] armes with them unto 
the meeting the sixth daye. 

It is further ordered, that if there be any Indians 
skulking about in any part of the Island, thought to be 
suspicious, the magistrates are to send forth a man and 
layde with .... then before them. 



At a meeting of the 27th of May, 1644. 

******* 

It is further ordered, and the Towne hath granted unto 
John Briggs three ackers of lande, lying next the upper 
end of his house lotte. 

John Sand have three or foure ackers granted unto 
him, lyinge at y° head of John Briggs lotte, or at y® dis- 
cretion of the latter. 

The Towne desire goodman Mott, Lieuf tenant Samfford, 
and goodman Borden, or any tow of them, to accommo- 
date Adam Mott at the upper end of his lower lott, and 
Samuell Willson at y** upper ende of his owne. 

The Towne have granted unto Edward fl&sher and 



TOWN OF PORTSMOUTH. 81 

Thomas Wright, and Thomas Brookes, and goodman Haw- 1644. 
kins, an addition of lande at y° upper end of their lotts, v^^-v-*^ 
what the latter see convenient, and John Roome. 

The Towne hath granted unto William Hall and Thomas 
Geninges, that parcell of lande that lyes betweene Mr. 
Barton's lott, and that which was Ruffus Barlton's to be 
equally divided between them. 

It is ordered, that Henry Knowles shall cut his lott 
shorter at y'' discretion of Lieuftenant Sanfford and good- 
man Borden and goodman Mott. 

The towne have granted unto William England and 
William Havens four ackers a piece, lying next unto 
Henry Knowles' ; provided, it leave y*" highway and y"" 
mill. 



[Agreeable to] publicke notis to all the freemen, at a 
towne meeting this 29th of August, 1644. 

It was ordered, that the Deputie Governour, and one 
of the Assistants shall appoint all the Towne meetings. 

It is further ordered, that at which meetings that the 
freemen there assembeld shall have full power to transact 
all such business as shall be presented to them ; and the 
same to stand as firmly as if they were all present ; they 
all having lawfull warning. And whomsoever shall not 
make his appearance within halfe an houre after the time 
appointed, shall forfeit two shillings. 

It is further ordered, that Ousamequin with ten men 
shall have leave to kill ten deare uppon this Island within 
the libertie of Portsmouth ; and the forementioned deare 
they shall bring to the towne to Mr. Brenton and Mr. 
Baulston, and they to view them ; and neither Ousame- 
quin nor any of his men shall carry any dee re or skins 
off from the Island, but at the towne of Portsmouth ; 
and to depart from off the Island within five dayes. 



82 RHODE ISLAND COLONY RECORDS. 

1644. It is further ordered, that Mr. Baulston shall have nine 
'^*''^-'"**-' pound a yeare for John Mott's washing and diett ; and 
what bedding he shall want, shall be [bought] by the 
Towne. 

It is further ordered, that [all the Indians] in the 
Towne shall depart [forthwith] to live in the woods with 
[their effects]. [If they appear again] [they shall forfeit 



At the same Towne meetinge. It is further ordered, 
that Mr. Brenton, Mr. Baulston, Mr. Cornell, have [a cer- 
tain] parsell of lande butting upon Mr. Porter's round 
meadow ; and if the aforenamed three men do approve of 
it, then James Sand is to have ten acres of land formerly 
granted to him by the Towne, there to be layd out to 
him. 



At a generall Towne meeting of the freemen, this 14th 
of November, 1644. 

It is ordered, that Mr. Brenton and Mr. Porter are to 
appoint the Towne meetings from time to time. 

It is ordered, that Mr. Baulston is made Treasurer. 

It is further proposed, that "William Almy, and John 
Roome, John Anthony are to have lande at the wading 



TOWN OF PORTSMOUTH. 



At a publicke Towne meeting of freemen, the 23cl of 
December, 1644. 

Whereas, at the manier part of freemen were present, 
at which meetting it was mutually agreed, that the right 
and priviledge of the landes undissposed of, remaines in 
the bodye of freemen as it was mutually agreed upon at a 
publicke meetting on the 15th of November last past ; that 
the freemen which are the possessers, have onley power to 
dispose of the lande that is to be dissposed of ; and who- 
soever shall alter this agreement, we shall protest against 
them. 

It is further ordered by a mutual consent, that no more 
landes shall be layed out within the boundes of the com- 
mons ; as namely, the commons soe called ; and from 
John Brigg to the further brooke on the southeast side ; 
so from the brooke to the great swamp ; that is to say, 
the willow swamp footpath ; so to Robert Ballow's brooke ; 
from thence to round meadow, and so to John Tripp's ; and 
from Robert Ballow's to John Hall's ; and all the common 
about the Towne undisposed of at this day, so to remaine 
to the Towne forever. 

It is ordered, that the armes belonging to the body of 
freemen, shall remaine in the hands of Mr. Boylston and 
Mr. Wilbour, untill further orders. 





RHODE ISLAND COLONY RECORDS. 



It is agreed at the meeting, November 28th, 1846. 

That the Towne shall have lawfull warning to Towne 
meetings, and then if they come not above nine, those 
nine shall have power to transact, and do such business as 
there is to be done. 

It is further ordered, that the business of such meeting 
[the] days shall be specified in the warrant of warning to 
the meeting. 

It is further agreed, that no person or persons shall be 
accounted an inhabitant unless he or they be lawfully re- 
ceived by the town, concerning to former order. 



At a meeting, February the 4th, 1646. 

It is ageed to concur with Newport in an order that 
there shall be no shootinge of deere for the space of two 
months ; and if any shall shoot, he shall forfeit five 
pounds ; halfe to him that sueth, and the other halfe to 
the Treasurie. The reason of this order is, that the 
wolves the more readily come to baytc that they may 
be catched for the general good of the Island. 

At the same meeting, it is granted to Mr. Thomas Cor- 
nell a hundred acres of lande at the further syde of Wad- 
ing river ; and so rune from the river towards that lande 
that was layed out to Edward Hutchinson. 

At the same meeting it is granted, that Nicholas 
Browne shall have twentie acres added to his other 
twentie ajoyning to it. 

It is further ordered, that there shall be a pathway 
laide out at the head of William Awards lott from the sea 
to Newport path. 

It is further ordered, that the line shall run straight 



TOWN OP PORTSMOUTH. 85 

from the corner of Mr. Gorton's lott to the corner of Mr. 164(*». 
England's lot at the head of those between. v-**--.-*^ 

Memorandum. That whereas, Nicholas Nyles, the 
father-in-law of Abell Potter, hath [1)ound him] the 
said Abell Potter with Mr. William Balstone for the 
terme of eighteen yeares, with the consent of the said 
Abell. For the better securitie off Mr. Balston, the 
towne consenteth herein and approveth thereof. 

It is ordered, at the same meeting, that Samuel Wil- 
bour, junior, shall rune his fence streight at the upper 
end of his lots. 

It is ordered, that the wolfe catcher shall be payed out 
of the treasurie, and that he that killeth a wolfo shall 
come to Mr. Balston and Mr. Sanford for theire pay. 

It is further ordered, that Newport shall pay four 
pounds for the killinge of a wolfe, and Portsmouth twentie 
shillings. 

It is ordered, that Mr. Sanford and Richard Carder 
shall continue to laye out such landes as are given by the 
towne. 

It is ordered, that George Parker shall be quitted of 
the treasurie pay for his lande, for his service in his office 
to this day ; (being for thirtie acres of lande.) 

It is further ordered, that there shall be noe shootinge 
of deere from the first of May till the first of November ; 
and if any shall shoot a deere within that time he shall 
forfeit five pounds ; one halfe to him that sueth, and the 
other to the Treasury. 

Mr. Porter and Mr. Sanford are chosen to propound to 
the Generall Court that the line may be viewed and layed 
out between Newport and this Towne. 

It is granted, that Thomas Wright and Edward Fisher 
shall have thirtie acres of lande a piece, twixt the head of 
Wading river and Newport path. 



NEWPORT RECOEDS, ^ 

1639 TO 1647. 

PocASSET. On the 28th of the 2d [month], 1639. 

It is agreed. 
By YS whose hands are underwritten, to propagate a 
Plantation in the midst of the Island or elsewhere ; And 
doe engage ourselves to bear equall charges, answerable 
to our strength and estates in common ; and that our de- 
terminations shall be by major voice of judge and elders ; 
the Judge to have a double voice. 

PRESENT. 

Wm. Coddington, Judge, John Clarke, 

Nicholas Easton, ^ Jeremy Gierke, 

John Coggeshall, } Elders, Thomas Hazard, 

William Brenton, J g^j^^y B^^^ 

William Dyre, Cl'k, 




RHODE ISLAND COLONY RECORDS, 



16th, 3d [montli], 1639. 

It is agreed and ordered, that the Plantation now 
begun at this South west end of the Island, shall be called 
Newport ; and that all the landes lying Northward and 
Eastward from the said Towne towards Pocassett, for the 
space of five miles, and so cross from sea to sea, with all 
y® landes Southward and Westward, bounded with the 
raaine sea, together with the small Islands and the grass 
of Cunnunnegott, is appointed for the accommodation of 
y° said Towne. 

It is ordered, that every such servant as shall abide 
with any of us that first came forth, shall upon their due 
admission, have ten acres of lande given unto them 
gratis. 

It is ordered, that the Towne shall be built upon both 
sides of the spiing, and by the sea-side. Southward. 



5th of 4th [month]. 

It is ordered, that all the meadow groundes lying within 
the circuitt and bounds of Newport, shall be layed out 
after the rate and proportion of twentie cowes meat to a 
division of three hundred acres of upland ; and it is or- 
dered, that Mr. John Clarke, Mr. Jeffreys, Tho: Hazard, 
and Wm. Dyre, or any three of them by the major vote, 
shall proportion it forth dewlie ; and that the said com- 
panie which shall laye it forth, shall have have foure 
pence an acre for every acre. 

About the same time, the Secretarie being absent, and 
the body meeting, they did agree that the Lande might 
reasonably accommodate thoss that were, and as many as 
would be, fiftie families ; which agreement being left 



TOWN OF NEWPORT. 



m 



with Mr. Easton, is not readily to be found ; but y' there IGoO. 
was such an agreement most then and there present, do ^-*'^'^*- 
confidently remember, therefore a space I leave to in- 
sert it. 

It is ordered, that the home allottments shall be foure 
acres a piece, layd out conveniently where the ground af- 
fords, and that Mr. Coddington shall have six acres for an 
Orchard laid out as conveniently as cann bee. 



11th of the 5th month. 
It is agreed, y' Mr. Clarke and Mr. Jeoffreys and Wm. 
Dyre shall have full powre to lay out all the Lands for the 
Townes accommodations, as well upland as Medow ; as 
also all highways, with the home allotments, and the dis- 
position of severall Farmes to the persons inhabiting, ac- 
cording to the proportion that shall be allotted by the 
Judge and Elders, and are to have 2 pence an acre for 
the great lotts laying forth. EXP. 



lltb,: 



2d of the 7th month. 

It is agreed, that Thomas Hazard and Mr. Jeoffreys are 2,,, 711,, 
embraced as freemen of this Body. 

Upon some differences arising concerning the Trade 
with the Indians, it is agreed that Mr. Brenton and Mr. 
John Clarke shall informe Mr. Jeoffreys of the particu- 
lars ; and then Mr. Jeoffreys shall determine the cause. 

It is also determined, that Mr. Jeoffreys shall have the 
hearing and deciding of the matters concerning the dam- 
ages done by the Cattle upon the planted corne in the 



90 RHODE ISLAND COLONY RECORDS. 

1640. Circuit of the Towne, and that such who hath been so un- 
,-»-v-*fc^ damaged shall repair to him. 

It is agreed, that the trade with the Indians shall be 
free to all men. 

It is ordered, that if Mr. JeofTreys cannot joyntlie goe 
along with the reste in the laying forth of the Lands ; 
then Mr. Easton is to goe along and performe the s'd ser- 
vice in Mr. Jeoffrey's roonie, who shall have full power to 
dispose of all Circumstances, as fencings and timber, with 
other conveniences as may parallel the impropriations ac- 
cording to thoir best discretions. 



1st of the 8th month. 

It is ordered, that every first Tuesday in the Month of 
July, the Judge and Elders shall assemble together to 
heare and determine all such causes as shall be pre- 
sented. 

It is ordered, that Mr. Robert JeofTreys is elected 
Treasurer of this Body for one whole yeare, or until a 
new be chosen, and that Mr. Jeremy Clarke shall assist 
him in taking up the accounts of the old Treasurer. 

Upon an account of the Secretaries for service done to 
the Body, divers wages, a bill of £19, and ten acres of 
Land was assigned to be paid him by the Treasurer ; 
and to Sergeant Bull, for service by him done, <£6. 

It is agreed, that Mr. Foster, is received as a Freeman 
of this Bodie. 

It is agreed, that in the Quarter Courts, the determina- 
tions of matters in hand shall be by major vote, the Judge 
having his doutle vote ; who also shall have power to putt 
it to vote and to gather up the votes. 

A Catalogue of such [persons], who, by the General] 
consent of the Company were admitted to be Inhabytants 



TOWN OF NEWPORT. 



91 



of the Island now called Aqueedneck, having submitted 
themselves to the Government that is or shall be estab- 
lished, accordinsr to the word of God therein. 



1638. 



Mr. Samuel Hutchinson, 
Thomas Emmons, 
Richard Awards, 
Edward Wilcocks, 
George Gardiner, 
William Withrington, 
Mr. Samuel Gorton, 2o,h, -.^ 
John Wickes, 2o,h, 4th. 
Ralph Earle, 
Nicholas Browne, 
Richard Burden, 
Richard Maxon, 
Mr. Nicholas Esson, i,;,^, .;-t 
Thomas Spicer, 
Robert Potter, 
Nathaniel Potter, 
William Nedham, 
Sampson Shatton, 
Adam Mott, 
John Mott, 
Mr. Robert Jefferyes, 
Thomas Hitt, 
James Tarr, 
John Roome, 
Robert Gilham, 
Jeremy Clarke, 
Nicholas Davis, 12th, 9th 
Wm. Baker, 
John More, i6th,9th. 
Anthony Pain, eth, 10th. 
George Potter, 
Wm. Richardson, 
Wm. Quick, 27tiMoth, 



Thomas Clarke, 
John Johnson, 
William Hall, 
John Briggs, 
James Davis, 
George Parker, 
Erasmus Bullock, 
George Cleer, 
Thomas Hazard, 
William Cowlie, 
Jeffery Champlin, 
Richard Sarle, 
John Sloff, 
Thomas Boeder, 
John Tripp, 
Osamond Doutch, 
John Marshall, 
Robert Stanton, 
Joseph Clarke, 
Robert Carr, 
George Lay ton,- 
John Arnold, 
Wm. Heavens, 
Thomas Layton, 
Edward Poole, 
Mathew Sutherland, 



^7 



92 



RHODE ISLAND COLONY RECORDS. 



1638. 



Inhabitants admitted at the Towne of Nieu-Port since 



the 20th of the 3d, 16; 
Marmaduke Ward, 
Robert Feild, 
Thomas Stafford, 
Job Tyler, 
Thomas Sauorie, 
Hugh Durdall, 
William Baker, 
John Layton, 
Mr. Will. Foster, 
John Hall, 
Tobye Knight, 
John Peckum, 
Michel Williamson, 
Mr. Robert Lintell, 
Richard Smith, 
James Rogers, 
John Smith, 
Wm. Parker, 
John Grinman, 
Edward Rero, 
John Macummore, 
Robert Root, 
Ezekiah Meritt, 
James Burt, 
John Bartlett, 

Edward , 

Sampson Salter, 



Nicholas Cotterell, 
John Vaughan, 
John Smith, 
John Merchant, j^jy 2. 
Jeremy Gould, 
Enoch Hunt, 
Nathaniel Adams, 
Samuel Allen, 
George Allen, 
Ralph Allen, 
Mr. Thomas Burton, 
Henry Bishop, 
John Hicks, 
Edward Browce, 
Mathew Gridell, ^ug.o 



TOWN OF NEWPORT. 



By the Body Politicke in the 

lie of Aqethnec, Inhabiting 

this present, 25 of 9; month. 

1639. 

In the fourteenth yeare of y^ Raign 

of our Soveraign Lord King Charles. 

It is agreed, 

That as Natural subjects to our Prince, and subject to 

his Lawes, all matters that concerne the Peace shall be by 

those that are officers of the Peace, Transacted ; And all 

actions of the case, or Dept, shall be in such Couits as by 

order are here appointed, and by such Judges as aie 

Deputed : Heard and Legally Determined. 

Given at Niew-Port on the 
Quarter Courte Day, which 
was adjourned till y Day. 
William Dyre, Sec. 

Mr. Jeremy Clarke is chosen Constable for one whole 
yeare, or till a new be chosen ; and is to attend that ser- 
vice according to the Law in that case provided. 

Mr. WiUiam Foster is chosen Clerke of the Traine Band, 
and is to attend that service till another be chosen ; who 
is presently to take a view of the Armes, and to Returne 
the defects the next Court but one. 

It is ordered and agreed upon, that the Body of the 
people, viz.: the Traine Band shall have free libertie to 
select and chuse such persons, one or more from among 
themselves, as they would have to be officers among 
them ; to exercise and traine them ; and then to present 
them to the Magistrates for their approbation. 





RHODE ISLAND COLONY RECORDS. 

It is ordered, that i\Ir. Robert Jefferies shall traine the 
Band for the present. 

It is ordered, that noe man shall go two miles from the 
Towne unarmed, eyther with Gunn or Sword ; and that 
none shall come to any public Meeting without his weap- 
on. Upon the default of eyther he shall forfeitt five 
shillings. 

It is further ordered, that those Commissioners for- 
merly appointed to negotiate the Business with our 
Brethren of Pocassett, shall give them our propositions 
under their hands, and shall require their propositions 
under their hands, with their answers, and shall give reply 
unto it ; and so shall returne to the Body a Brieve of 
what they therein have done. 

By order, Mr. Easson and Mr. John Clarke are desired 
to informe Mr. Vane by writing, of the state of things 
here, and desire him to treate about the obtaining a Pat- 
tent of the Island from his Majestic ; and likewise to 
write to Mr. Thomas Burrwood, Brother to Mr. Easson, 
concerning the same thing. 

The Court is adjourned to this day three weeks. 



At the particular Courte holden the 3d of y* 10th,. 
1639. 

John Bartlett and John Hadson, being convicted and as 
well by witnesses as their own confession, found guiltie of 
the Breach of the Peace, by their excess in drinking, are 
adjudged to pay five shillings a piece unto the hands of 
the Constable according to the Law in that case pro- 
vided.. 



TOWN OP NEWPORT. 



At the Generall Quarter Court which was adjourned to 
this present 17th of 10th mo., 1639. 

Mr. Eastone for breach of an order in coming to the 
public meeting without his weapon, according to that or- 
der, is to pay five shillings. 

Whereas, according to a former order, Mr. Clerk was to 
assist Mr. Jefferies, Treasurer, for the taking up of the 
accounts of the old Treasurer, which accordinglie they 
have done, and Exhibited the same unto the Courte, 
which have passed ; and there is found to remaine due to 
Mr. Coggeshall the sume of £57: 2s. 4d., which the 
Treasurer now being, shall pay unto him, with all con- 
venient speed, allowing sufficient satisfaction for the for- 
bearance thereof, from this present day. 

It is ordered, that those who are appointed to lay forth 
the lands, shall (in regard of some naturall bounds lying 
neare unto the farme of Mr. Will'm Coddington, Judge), 
have full powre to add unto the s'd farme such parcell or 
parcells of Land as may extend to thoss bounds accord- 
ing as their discretions shall guide them when they come 
to a view thereof ; provided that Mr. Coddington, Judge, 
shall pay into the Treasurie so much monie (according to 
the order) as the overplus of his proportion amounts to. 

It is ordered, that the Treasurer shall pay no monies 
unto any person till he be authorized by warrant signed 
under the hands of the Judge and some of y'' Elders ; the 
which shall be to him of sufficient authoritie to pay all 
such bills so assigned. 

It is agreed, that Wm. Cowlie, Rob't Field, George 
Gardiner, Robert Stanton, Thomas Clerk, and Joseph 
Clerk, are admitted and embraced as Freemen into this 
Body Politike. 

It is agreed and ordered, that the Secretarie shall take 
notes of all dammages of the Towne, and shall implead 




96 RHODE ISLAND COLONY RECORDS. 

1639. such as shall be delinquent, legalie ; and in every deffect 
-"^^-^"^■^ thereof shall forfeit fortie shillings. 

It is ordered, that ther shall be sufficient fences, eyther 
hedge or post and raile, made about the Corne Grownds 
that shall be planted or sowne by the 1st of May, next ; 
and if any man shall be found a Delinquent therein, he 
shall forfeit for every rod that is defective the sum of 
three shillings and four pence. 

It is ordered, that no man shall keep any Hoggs about 
the Towne except it be within his own enclosure after the 
15th of April, untill the 15th of October, upon the for- 
feiture of four pence a foote, and the former orders are 
repealed. 

It is ordered, that ther shall be provision made of Bulls 
into the Towne. A Bull to every twentie Cows and 
heyfers by the first of May, 1640. 

It is ordered, that keepers shall be appointed to y^ sev- 
erall beards of Cattle, from the 15th of Aprill to the 1st 
of November, and that the spare cattle shall be separated 
from the Milch beasts, and kept att Sachuis. 

It is ordered, that the Lands shall not be fired till the 
1st of March, and so for fourteen dayes, to continue ; and 
that if eyther Indian or Eiighsh shall fire any, before or 
after, they are liable to such dammages as may be in- 
curred thereby. 

It is ordered, that the Treasurer shall forthwith provide 
a pair Stocks and a whipping post, to be sett in some such 
place as he shall have order for, in y^ town of Niewport. 



TOWN OF NEWPORT. 



At the Particular Courte held 
on the 7th of 11th, 1639. 

Whereas, it was ordered, that the Clerk of the Band 
should take notice of what defects were in the Armes 
among the Traine Band, and to make returne thereof at 
the Sessions of this Courte ; which being performed, It is 
further ordered, y* the Corporall shall forthwith give warn- 
ing to all such who are defective, to make their appearance 
before the Judge within these tenn days, to give answere 
for their deficiencies therein ; and further it is ordered, 
that every Traine Soldier shall be provided sufficiently of 
his owne Armes by the last day of Aprill, 1640 ; as they 
shall answere it att their perill. 

Whereas, complainte was made by the Secretarie on the 
behalfe of the Towne of Nieuport against Ralph Earle for 
his falling of timber, contrarie to order, and suitt made ac- 
cordinglie in the Courte. By the Courte it was ord'ered, 
that the s'd Ralph and Mr. Willbore, his Copartner, shall 
serve the Towne with good sufficient Stuff, Viz.: with sawn 
board att eight shillings the hundred, and half inch board, 
at seven shillings, to be delivered at the pitt by the water 
side ; and clapboard and paile at twelve pence a foote, by the 
Stubb, sound and good sufficient merchantable ware ; and 
further it is ordered, that the said Mr. Willbore and Ralph 
Earle shall not make sale of any of the Timber within y^ 
bounds of the Towne of Nieuport, nor transport any of it 
(eyther whole or broken) to any other Plantation without 
licence, as they shall answere it at their Perill. 




98 RHODE ISLAND COLON!'' RECORDS. 

1639. 

At a Generall Assembly of the Body, 22d Jan'ry, 
1639. 

Upon a survey of the Come with the persons inhabiting 
the Towne, the Corne arising to 108 bushells, and y^ per- 
sons ninety-six : It is therefore ordered, that the said Corne 
shall be proportioned forth one bushel and half a peck 
to each person, which is to supply the said person for the 
space of six weeks ensuing the date hereof ; provided, y* 
such who shall lend their Corne shall in due time be re- 
paid as soon as a supply can be made. 

Whereas, the Generall Quarter Courte doth fall on the 
second of February, which being the Lord's day, upon 
serious consideration, it is assigned to be kept foure days 
sooner, being the 29th of this present month. 



At the Quarter Courte held y^ 
29thof Januarie, 1639. 

It is ordered, that Mr. Jeremie Clarke shall supply y® 
Treasurer's place till his returne from the Dutch. 

It is ordered and ordayned, that once in the yeare for- 
ever hereafter, namelie : the twelfth day of INIarch ; The 
Judge and Elders, and all other officers of this Bodie in- 
corporate, shall be in the Generall Courte or Assembly, to 
be held for that day or time newlie chosen, for the yeare 
ensuing, by such greater part of the Bodie of Freemen, 
then or ther present, and such as shall be necessarily de- 
tained to send in their votes, sealed up to the Judge. 

It is ordered, that on the 6th of March, ensuing, the 
Bodie shall assemble together, for the Recording of the 
Lands according to the order in that case made on the 
Sessions hold the 27th of the 4th, 1638. 

It is ordered that the Secretarie shall commend and ad- 
vise with the Judge and Elders, concerning such suitts and 
cases as he shall have information of 



TOWN OF NEWPORT. 



At a Generall Assembly of the 
Body on the 6th of March, [1640]. 

Whereas, according to order, Mr. Nicholas Eston, Mr. 
John Clarke, and Mr. Wm. Dyre were appointed to lay 
forthe all such Lands as by the Judge and Elders were 
proportioned forth ; to that purpose, a schedule was given 
them from the Court of such as they had appointed them 
to accommodate ; who, according to their best Judgments 
and discerning, have performed the same, and exhibited a 
map thereof to this Generall Courte, which is accepted 
and ratified thereby, and are discharged of the service by 
the authority thereof. 

It is ordered, that all the Sea Banks are free for Fish- 
ing to the Towne of Nieuport. 

It is ordered, that such as shall bring in their acquit- 
tances from the Treasurer to the Judge and Elders, shall 
have their Lands recorded. 




By the Judge and Elders, 
March 10th, 1640. 
[Here follows a record of the Lands to the following 
proprietors, viz.: William Coddington, John Coggeshall, 
William Brenton, Nicholas Easton, William Dyre, John 
Clarke, Jeremy Clarke, William Foster, George Gardner, 
Robert Stanton and Robert Field.] 




RHODE ISLAND COLONY RECORDS. 



Att the Generall Courte of Election 

held on the twelfth day of the first month, 

1640, in the Towne of Nieuport. 

PRESENT. 

Mr. Wm. Coddington, Judge, Wm. Cowlie, 

Mr. Nichoks Easton, Elder, Thomas Hazard, 

Mr. John Coggeshall, Ekler, Robert Field, 

Mr. Wm. Brenton, Elder, Thorn: Clarke, 

Mr. Kobert Jeoffreys, Treas. George Gardiner, 

Mr. John Clarke, Henry Bull, 

Mr. Jeremy Clerke, Joseph Clarke, 

Mr. William Foster, Robert Stanton, 
Mr. Samuel Willbore, 

Guliel Dyre, Secretary. 

1. Mr. William Hutchinson, Mr. Wm. Balstone, Mr. 
John Sanford, John Porter, Adam Mott, Wm. Freeborne, 
John Walker, Philip Sherman, Richard Carder, and Ran- 
dall Holden, presenting of themselves, and desiring to be 
reunited to this body, are readily embraced by us. 

2. It is agreed by this Bodie united ; that if there shall 
be anie person found meet for the service of the same, in 
eyther Plantation ; If ther be no just exception against 
him, upon his orderlie presentation, he shall be received as 
a freeman thereof. 

3. It is agreed, that Mr. Samuel Hutchinson, Thomas 
Emons, Job Hawkins, Richard Awards, Sampson Shat- 
ton, Toby Knight, John Roome, and George Parker are 
received as freemen of this Bodye, fully to enjoy the privi- 
ledges belonging thereunto. 

4. It is ordered, that the Chiefe Magistrate of the 
Island shall be called Governour, an,d the next Deputie 
Governour, and the Rest of the Magistrates Assistants ; 
and this to stand for a decree. 



TOWN OF NEWPORT. 101 

5. It is agreed, that the Goveruour and two Assistants 1640. 
shall be chosen in one Town, and the Deputy Governour ^-^-^-^-' 
and two other assistants in the other Town. 

6. It is ordered that the Plantation at the other end of 
the Island shall be called Portsmouth. 



By Election. 

Mr. Wm. Coddington is chosen Governour for y^ yeare, 
or till a new be chosen. 

Mr. Wm. Brenton is chosen Deputie Governour for y^ 
yeare, or till a new be chosen. 

Mr. Nicholas Easton is chosen Assistant for this yeare, 
or till a new be chosen. 

7. Mr. John Coggeshall is chosen Assistant for this 
yeare, or till a new be chosen. 

Mr. Wm. Hutchinson is chosen Assistant for this yeare, 
or till a new be chosen. 

Mr. John Porter is chosen Assistant for this yeare, or 
till a new be chosen. 

Mr. Robert Jeoffreys, ) are chosen Treasurers for the 

Mr. Wll'm Balston, S yeare, or till new be chosen. 

Wm. Dyre is chosen Secretary for this yeare, or till a 
new be chosen. 

Mr. Jeremy Clarke is chosen Constable of Nieuport for 
this yeare, or till a new be chosen. 

Mr. Sanford is chosen Constable of Portsmouth for this 
yeare, or till a new be chosen. 

Henry Bull is chosen Sargeant attendant for this yeare, 
or till a new be chosen. 

8. It is agreed and ordered, that the Governour and 
Assistants are invested with the offices of the Justices of 
the Peace, according to the Law. 

9. It is ordered, that to the number of five men sball 



102 RHODE ISLAND COLONY RECORDS. 

1640. be chosen to lay out the Lands belonging to the Towne of 
v-*^'--*i-' Portsmouth, and three for Nieuport. 

10. By order of Courte, John Sanford, Adam Mott, 
Thomas Spicer, Richard Burden, and Philip Shearman, 
are chosen to the service of laying out the Lands for the 
Towne of Portsmouth. 

11. By order of Courte, Mr. John Coggeshall, Mr. 
Robert Jeoffreys and Mr. Jeremie Clarke shall lay out 
the remainder of the Lands of the Towne of Nieuport. 

12. It is ordered, that Libertie is granted for the 
Major parte of the Freemen of each Towne to select 
certaine men from among themselves to proportion forth 
to each man his propriety of Land, and then having it 
layd forth orderly, it shall be recorded at the Generall 
Courte. 



At the Generall Courte held on the 

6th of May, 1640, at 

Nieuport. 

13. Whereas, it was desired that all the orders and 
Laws formerlie recorded in this Book of State should be 
openlie read, perused and examined by this present 
Courte assembled ; Be it known, therefore, that it hath 
been so done ; and such as were disallowed are repealed, 
and so noted in the Margent, and the rest are ratified, and 
stand in full force, though the title of the Magistrates be 
altered. 

14. In regard of the many Incursions our Island is 
subject unto, and that an Alarum be necessary for the safe 
securing thereof ; Bee it therefore enacted, that in^ each 
plantation there bee this forme dulie observed. That as 
soone as notice is given of any probable Incursion, thaf 
then forthwith Three Musketts be distinctly discharged, 



TOWN OF NEWPORT. 103 

and the Dram or Drummes incessantly to beat an 1640. 
Alarum ; and that forthwith each Man hearing armes ^^^^^^^ 
shall repair to the coulers, which shall be lodged at y" 
Chief Magistrates Howse in each Plantation, as he will 
answer it at his perill. 

15. It is ordered, that the Governour with the Assist- 
ants shall write to Plymouth about their Title of the Maine 
Land Grass. 

16. It is ordered, that all such who shall have a 
Howse lott granted unto them within any of our Townes, 
shall build a Howse thereon within a yeare after the 
Grant thereof, or else it shall be forfeited to the Towns 
use. Repealed. 

17. It is ordered, that Commission be directed to the 
Treasurers to make demands of all such monies as are due 
to the Treasury for the Lands assigned forth to particular 
men, and to make returne of all such who shall be therein 
remiss, at the next particular Courte who are to be or- 
dered thereby according to Law. 

18. It is ordered, that the particular Courts, consisting 
of Magistrates and Jurors shall be holden on the first 
Tuesday of each month ; and one Courte to be held at 
Nieuport, the other at Portsmouth ; and that the sayd 
Court shall have full powre to Judge and determine all 
such cases and actions as shall be presented. 




RHODE ISLAND COLONY RECORDS, 



At the Genemll Courte Held at 

Portsmouth on the 6th of August, 

1640. 

19. By the Generall Consent of this Courte, Mr. 
Eob't Lenthall, and Thomas Cornill, and Ralph Cowland, 
are admitted Freemen of this Body Politike, fully to en- 
joy the priviledges belonging thereunto. 

20. It is agreed and ordered, that all Men allowed 
and assigned to beare armes, shall make their personall 
appearance completely armed with Muskett and all its 
furniture ; or pike with its furniture, to attend their 
Coulers by Eight of the clock in the morning, at the sec- 
ond beat of the Drum, on such dayes as they are ap- 
pointed to Traine. And further it is ordered, that eight 
severall times in the yeare the Bands of each Plantation 
shall openlie in the field be exercised and disciplined by 
their Commanders and Officers. And further it is ordered, 
that there shall be two Generall Musters in the yeare, the 
one to be disciplined at Nieuport, the other at Portsmouth ; 
and that if any shall f die to make their personal appear- 
ance as aforesaid, according to time and place aforesaid, 
he shall forfeit and pay the sum of five shillings into 
the hands of the Clark of the Band. And further it is 
ordered, and by this present authority established, that if 
any person shall come to the said Training or Generall 
Muster, defective in his armes or furniture equivalent, he 
shall pay f u'thwith the sum of twelve pence ; and further it 
is ordered, that when the Generall Muster shall be held 
at the one Towne, there shall be a sufficient Guard sett 
and left at the other Towne with the Constable or his 
deputy And further, it is ordered, that the Commanders 
Vidg't, Chieftaine and Lieutenant, shall appoint the dayes 
and times of their s'd meetings ; And further it is ordered, 
that all men who shall come and remaine the space of 



TOWN OF NEWPORT. 



105 



twentie days on the Island, he shall be liable to the in- 1640. 
junctions of this order ; provided, that if eyther heards- ^-^-^-^^^ 
men or Lighter men be otherways detained upon their ne- 
cessary employments, they shall be exempted, paying only 
two shillings and six pence for that day, into the hands 
of the Clarke : And further be it established, that the 
two Chiefe Officers of each Towne, to witt : the one of 
the Commonweal, the other of the Band ; and these two 
of&cers upon the exhibition of the Complaint by y° Clark 
(which shall be within three dayes after the faults com- 
mitted), shall Judge and determine of the reasons of their 
excuses, who upon the hearing thereof, shall determine 
whether such person shall pay five shillings and six pence, 
or nothing. And further it is ordered, that Libertie be 
granted to Farmer or Farmers to leave one man at the s'd 
Farme, he paying the sum of two shillings and six pence 
into the hands of the Clarke. And further it is ordered, 
that the Clarke of each Band shall receive the monies off 
any Man to provide and make supply of such things as he 
shall stand in need, of; during which time, after the de- 
liverie of the s'd money, he shall be excused for his de- 
fects in his Amies ; but if the money be not delivered, 
then to be liable to the injunctions herein contained ; pro- 
vided, also that the Clark of each Band shall hereby be 
authorized to ask, receive or destraine for all such fines 



or 



forfeitures as by any are made, and that the said sum of 
monies so levied shall be employed to the use and service 
of tae said Band. 

21. It is ordered, that the Treasury shall provide and 
fitt up on Drum Colters and halberts for the Band of 
Portsmouth. 

22. It is ordered, that Wm. Dyre shall be adjoyned 
with the rest in Mr. Jeoffreys roome, for the laying out of 
Lands of Nuport. 

23. It is further ordered, that each Towne shall have 
a joynt and an equal supply of the Money in the Treasury 
for the necessary uses of the same ; and that the Gov- 



106 RHODE ISLAND COLONY RECORDS. 

1640. ernour and one assistant of one Towne, and tlie Deputy 
^-^-^*^ Governour and one assistant in the other, shall give a 
warrant, according to the determination of the Major Vote 
of the Townsmen for the same unto the Treasurer, which 
shall be his discharge : And it is further ordered, that at 
the issue of the Treasurers that now be, a due and true ac- 
count of all Bills and monies, received or dispended shall 
be presented by the Treasurer of each Towne. And the 
charges dispended shall be equally ballanced and each 
Towne to bear its true proportion. And likewise what 
hath beene expended out of the whole, shall be equally 
borne by the whole ; and what orders were formerly 
made, being repugnant to this, are hereby nullified. 

24. It is ordered, that Mr. Coggeshall and Mr. Balston, 
Treasurers shall take up Mr. Hutchinson his account, and 
peruse it, and exhibite it at the next Generall Courte. 

25. It is ordered, that each Towne shall have the 
Transaction of the affaires that shall fall within their own 
Towne ; and that the Magistrates of each Town shall 
have Libertie to call a Court every first Tuesday in the 
month at Nuport ; and every first Thursday in the month 
at Portsmouth, wherein actions may be entered ; and 

Juries empanelled, and causes tryed. Provided, that 

it be not in the matter of Life and Limb ; and that if so be a 
Plaintiff hath commenced his suit, and the defendant cast, 
he shall have libertie to make his appeal to the Quarter 
Sessions which are to be held upon the four Quarter dayes. 
And the two Parliamentarie (or Clenerall) Courts to be 
held on the Wednesday after the 12th of March, with 
what time is requisite thereunto ; and the other the first 
Wednesday after the 12th of October, with what time is 
requisite thereunto ; which Courts are equally to be kept 
at the two Townes : And what former orders are hereto 
repugnant are hereby nullified. 

ExiMication For the better understanding of the terme of the four 
Quarter dayes. It was at the next Sessions of Court Gen- 
erall determined, that the Quarter Sessions Courts should 



TOWN OF NEWPORT. 10' 

be held the Tuesdays (or dayes) before the Generall 1G40. 
Courts ; and the other two to fall, the one the first Tues- ^-^^^ 
day in July, and the other the first Tuesday in January. 



Certaine Propositions made interchangably on the 
7th of July, 1640. [Ratified August 16th.] 

By 

Mr. Will'm Coddington, Governour, with the rest of y** 

Assistants, 

and 

Miantonomie, Sachem of Narraganset, with y*" rest of 

the Sachems, and agreed upon. 

That no Indian whatever, under his Jurisdiction shall 
eyther Winter or Summer, kindle or cause to be kindled 
any fires upon our Landes, but such as they shall put 
forth immediately againe upon their departure ; Providedj. 
that no hurt or damage be done thereby upon or after the 
kindling of the said fire ; or if it so fall out, that hurt or 
damage be done by their kindling of fire, then y° damage 
to be adjudged, and they to be tryed by our Law. 

That in lieu of a Boore y* belonged to the Island, killed 
by an Indian, the said Indian shall pay ten fadome of 
beads at harvest next. 

That no Trapp or Engine be sett by them upon the Is- 
land, to take or stroye the deare or other cattle thereon. 

That if any Indian shall be unruly, or will not depart 
our howses when they are bidden, they are to carry them. 
to the Governour or other Magistrate, and they shall be 
punished according to their demeritt. And further, that 
for any common or small crime he shall receive his pun- 
ishment according to Law ; and for any matters of greater 
weight exceeding the value of ten fadome of beads, thea 
Miantonomy is to be sent for, who is to come and see the 
8 



108 RHODE ISLAND COLONY RECORDS. 

1640. Trjal. But if it be a Sachem that hath offended, though 
-^^^^■^^^ in smaller matters, then he is also to be sent for, and to 
see his tryall and Judgment, who hath promised to come. 
That no Indian shall take any Cannew from the Eng- 
lish, neyther from their Boatside or shoreside, and the like 
not to be done by them. 

That upon their trading and bargaining, having agreed, 
they shall not revoke the said bargaine or take their goods 
away by force, and that they shall not be Idling about nor 
resort to our howses, but for trade, Message, or in their 
Journeys. 

These two leaves were torne 
out by the G. Courte, March 
^y'' 16, 1641, and these two 
foregoing containe the same 
orders being again written. 



Eatified at Generall Courte 
August 6th, 1640. 



At the General Courte held on the 14th of 
the 7th mo. [September], 1640. 

26. It is agreed, that Mr. Brace, Jeremy Gold, Jeof- 
frey Champlin, John Anthony, John Hicks, James Eog- 
ers, H. Bishop, and Marmaduke Ward are admitted as 
Freemen of this Body Politicke, to enjoy the priviledges 
thereoff. 

27. It is agreed and ordered, by the unanimous con- 
sent of this Courte, that a line of division be drawn be- 
tween the Townes of Newport and Portsmouth, as the 
bounds of the Lands of each Towne, Vidg't. 

The s'd Line to begin half a mile beyond the River 
commonlie called Sachuis River, being the River that lies 
next beyond Mr. Brenton's Land on the South East side 
of the Island towards Portsmouth, and so on in a straight 
line to run to the nearest part of the Brook to the hunting 



TOWN OP NEWPORT. 



109 



Wigwamm, now standing in the highway between the two 1640. 
Towns, and so by that Ihie to the sea on the North side of ""•''''^-^ 
the Ishxnd, which line shall be and is the Bounds be- 
tween the Two Townes, and to be sett out by marked 
Trees ; And that Mr. Easton and Mr. Porter, and Mr. 
Jeoffreys and Mr. Samford shall lay out this Line by the 
first of November ensuing. And further it is ordered, 
that Whereas ther was 900 acres of Land (vidg't, To Mr. 
Wm. Hutchinson 400, and to Mr. Samford 200, and to 
Mr. Samuel Hutchinson 200, and to Francis Hutchinson 
100), layd forth unto them on this side of the s'd River, 
called Sachuis River, next unto Nuport, shall be and is 
still granted to them and their posterity, as their right and 
propriety : Provided, they hold it as from the Town of 
Nuport ; Provided, also, that this grant do no wayes 
ilamnifie the land formerly granted to the accommodation 
of Mr. Brenton's farme ; Provided also, that if so be the 
said parties before mentioned shall refuse their, or any off 
their accommodations, before premised in that place, then 
the s'd Lande or Landes shall returne to the use and dis- 
posall of the said Towne of Nuport. 

28. It is ordered, that Whereas ther was an order for- 
merlie made for five men to lay out the Lands for the 
Towne of Portsmouth, and upon complaint made for their 
neglect being so many ; be it now established that three 
of them, Vidg't, Mr. Samford, Adam JMott, and Richard 
Burden shall lay out the said Lands according to the pro- 
portions granted forth by the Towne. 

29. It was further ordered, that Two Barrels of Gunn 
Powder be alway readie in the Treasury of each Towne, 
with Bulletts and match ; and that provision be forthwith 
hereof made by the Treasurers ; And that the Treasurers 
make demand of all such moneys as is due ; and if any 
neglect the payment, then to take warrants from the Mag- 
istrate to the Constable to destraine for the same ; and 
that also the Treasurers shall provide Thirtie two pikes to 
lye by alway in readiness in the Magazines of each Towne. 



110 RHODE ISLAND COLONY RECORDS. 

1641. 30. It is ordered, that the Secretary shall only attend 
^-^^-^^-'the two General Courts, and the fouro Quarter Session 
Courts, unless he be desired, and shall have three shil- 
lings a day for his attendance thereon. 

31. It is ordered, that the Governour shall write to 
the Governour of the Bay, that they would communicate 
their Councills concerning their agitations with the 
Indians. 

Here endeth the Acts and Orders made 

by the Bodye in the yeare 

1640. 

Being one and thirty in Number. 

W. DYRE, Secretary. 



The Court Roll of Freemen, with the officers, as they 
were Elected on the 16th of March, 1641. 
Mr. Wm. Coddington, Govern'r, 
Mr. John Coggshall, 1 
Mr. Robert Harding, ! "^''^^^f ^' 
Mr. Wll'm Ballston, [ treasurers, 
Mr. John Porter, i 

Mr. Robert Jeoffreys, Treas., 

Wmilliam Dyre, Sec'ry, 
Mr. Nicholas East on, Mr. Brace, 

Mr. John Clarke, Jeremy Gould, 

Mr. Jeremy Clarke, Henry Bull, Sarg't, 

Mr. Samuel Willbore, Jeoffrey Champlin, 

Mr. Wm. Freeborne, John Anthony, 

Philip Shearman, John Hicks, 

John Walker, James Rogers, 



Adam Mott, Marmaduke Ward, 

Mr. Foster, Capt'n Morris, 

Mr. Spicer, Thomas Gorton, Sarg't, 

Mr. Lenthall, Mr. Will'm Hutchinson, 



TOWN OF NEWPORT. 



Ill 



Will'm Cowlie, 
George Gardner, 
Robert Feild, 
Thomas Clarke, 
Joseph Clarke, 
Robert Stanton, 
Thomas Emons, 
John Hawkins, 
Richard Awards, 
Thomas Hazard, 
Toby Knight, 
John Roome, 
George Parker, 
Richard Burden, 
John Smith, 
Thomas Wait, 
John Peckum, 
Michall V7illiamson, 



Rob't Carr, 

John Briggs, 

Mr. Cornell, Cons' t, 

Henry Bishop, Cons't, 

Ralph Cowland, 

Mr. Samford, 

Mr. Sam'l Hutchinson, Sen'r, 

Mr. Edw. Hutchinson, Jr., 

Mr. Savadge, 

Richard Carder, 

Randall Holde?i, 

Sampson Shatton^ 

Robert Potter. 

These four at y^ court of 
y*" Sessions, March 16, were 
disfranchised, and f names 
to be cancelled out of y*" roll. 



1641. 



The Generall Court of Election began and 
held at Portsmouth, from the 16th of March, 

to the 19th of the same mo., 1641. ingagemfot 

1. It was ordered and agreed, before the Election, 
that an Ingagement by oath should be taken of all the of- 
ficers of this Body now to be elected, as likewise for the 
time to come ; the ingagement which the severall officers 
of the State shall give is this ; To the Execution of this 
office, I Judge myself bound before God to walk faithfully 
and this I profess in y'' presence of God. 




EHODE ISLAND COLONY RECORDS. 



By Election. 

2. Mr. V/iU'm Codclington is chosen Govemour for 
one whole yeare, or till a new be chosen. 

Mr. Wm. Brenton is chosen Dep'ty Governour, for one 
whole year, or, &c. 

Mr. John Coggshall is chosen Assistant for one whole 
yeare, or, &c. 

Mr. Rob't Harding is chosen Assistant for one whole 
yeare, or, &c. 

Mr. Wm. Balston is chosen Assistant and Treasurer for 
one whole yeare, etc. 

Mr. John Porter is chosen Assistant for one whole 
yeare, or until, &c. 

Wm. Dyre is chosen Secretary for one whole yeare, or 
until, &c. 

Mr. Rob't Jeoffreys is chosen Treasurer for one whole 
yeare, or, &c. 

Thomas Gorton I 

and J. are chosen Sergeant Attendants. 

Henry Bull J 

Thomas Cornell ] ( ^f Portsmouth , 

and y are chosen Constables <^ 

Henry Bishop I [ of Nuport, 

for one yeare, or till a new be chosen. 

3. It is ordered and unanimously agreed upon, that the 
Government which this Bodie Politick doth attend vnto in 
this Island, and the Jurisdiction thereof, in favour of our 
Prince is a Democracie, or Popular Government ; that is 
to say, It is in the Powre of the Body of Freemen or- 
derly assembled, or the major part of them, to make or 
constitute Just Lawes, by which they will be regulated, 
and to depute from among themselves such Ministers as 
shall see them faithfully executed between Man and 
Man. 



TOWN OF NEWPORT. 



113 



4. It was further ordered, by the authority of this pres- 1639. 
ent Courte, that none bee accounted a Delinquent for Doc-^^^^ 
trine : Provided, it be not directly repugnant to y" Gov- 
ernment or Lawes established. 

5. It was further ordered, that all such who shall kill 

a Fox shall have six shillings and eight pence, for his^^^^^ 
paines, duly paid vnto him by the Treasurer of y° Towne 
in which lands it w^as killed : Provided, that he bring the 
Head thereof to the said Treasurer ; and this order shall 
be of suflicient authority to the Treasurer to pay and dis- 
charge the said summ. 

6. It is further ordered, that all Men who shall kill any 
Deare (except it be upon his own proper Land), shall 
bring and deliver half the said Deare into the Treasurie, 

or pay Forty shillings ; and further it is ordered, that the^^'*'"*' 
Governour and Deputy Governour shall have authority to 
give forth a Warrant to some one deputed of each Towne 
to kill some against the Court times for the Countries use, 
who shall by his Warrant have Libertie to kill wherever 
he find ; Provided, it be not within any man's enclosure, 
and to be paid by the Threasurer : Provided, also, that no 
Indian shall be suffered to kill or destroy at any time or 
any where. 

7. It is ordered from henceforth, that the Quarter Ses- 
sion Courts shall alway be kept the first, the first Tuesday 
in March ; the second, the first Tuesday in June ; the 
third, the first Tuesday in September ; the last, the first 
Tuesday in December. 

8. It is ordered, that Eight Gunns and their furniture ^^^^^ 
with two corsletts, now in the hands of Mr. AVillbore, 
shall be taken off by the Threasurie Jointlie, as part of 
satisf\\ction for what debts from him is now dew therto : 
and that the said Amies be equally divided to each 
Towne. 

9. It is ordered, that the Deputie Governour and Mr. 
Willbore, and Mr. Coggshall, and Mr. Jeremy Clarke, ^"°""'"- 
shall be joyned in commission with the Two Treasurers 



114 RHODE ISLAND COLONY RECORDS. 

1<)41. that now bee, to examine the Treasurie, and to even the 
^-•^'^*^ accounts, and then to present them so rectified to the next 
Generall Court ; and what oneveness there is found to bee, 
the one Treasurer shall make payment to the other Treas- 
urer within twentie dayes after the period of their com- 
mission : the limits which are set for the performance of 
this, shall be three weeks from the date hereof. 

10. It is ordered, that Mr. Porter, Mr. Balston, Mr. 

Line. ' ' ' 

Easton, and Mr. Jeoffreys shall runn the line between the 
two Towns within twentie days after the date hereof, or 
else shall forfeit a jNIark a peece ; and performing it within 
the (time or) tearme they shall have a Mark a peece for 
their Labour. 

11. It is ordered, that each Towne shall provide a 
RTidences. Towuc Book, whcrcin they shall Record the Evidences of 

the Lands by them impropriated ; and shall also have 
Powre to give forth a Coppie thereof, which shall be a 
clear evidence for them and theirs, to whom it is so 
granted, 

12. It is ordered, that the Officers of Justices of the 

J. of Peace. _ ' 

Peace is confirmed to the Magistrates. 

13. It is ordered, that no Fiers shall be kindled by 
any whatsoever to runn at randome, eyther in Medows or 
Woods ; but what by him that so kindled it shall forthwith 
be put out, that it damnific none. And that if damage 
shall accrew, satisfaction to the utmost shall be awarded. 

14. It is ordered, that a Booke shall be provided, 
Copy of wherein the Secretary shall write all such Lawes and 

" Acts, as are made and constituted by the Body, to be left 
alway in that Towne where the said Secretary is not resi- 
dent ; and also that coppies of such Acts as shall be made 
now or hereafter, at the Generall Courts concerning neces- 
sary uses and ordinances to be observed, shall be fixed upon 
some public place where all men may see and take notice 
of them ; or that coppies thereof be given to the Clerks of 
of the Band, who shall read them at the head of the 
Companie. 



TOWN OF NEWPORT. 115 

15. It is ordered, tliat a Manual Seale shall be pro- 1639. 
vided for the State, and that the Signett or Engraving ^^^^J^^-^ 
thereof, shall he a sheafe of Arrows bound up, and in the 

Liess or Bon^, this motto indented : Amor vincet omnia.. 

16. It is ordered, that Ineragement shall be taken by^ 

' o o ^ ./ ingagcmeiit 

the Justices of the Peace in their Quarter Sessions of all 
men or youth above fifteen years of age, eytherby the oath 
of Fidelity, or some other strong cognizance, 

17. It is ordered, that a Line be drawen and a way be Li„e. 
cleared between the Townes of Nuport and Portsmouth, by 
removing of the wood and mowing it ; that drift Cattle 
may sufficiently pass ; and for the performance thereof, 
Capt. Morris, of the one Towne, and Mr. Jeoflfreys of the 
other, are appointed to draw the Line, and to be paid 
therefor, and the Townes to perform the rest. 

18. It is ordered, that the Traine Bands shall choose 

Traine 

among the Freemen, one or more such as shall be fori^^'^'i^- 
their commanders, and present them to the Towne. The 
Major vote of the Towne, by the Authority of this Court, 
shall have the negative voice for the Establishment of 
them, and shall order their Powre till the next Generall 
Courte. 

Courts. 

19. It is ordered, that the major part of the Courts, 
being lawfully assembled at the place and houre appointed, 
shall have full Powre to transact the business that shall be 
Presented : Provided, it be the Major part of the Body 
entire, if it be the Generall Court (present) or the Major 
part of the Magistrates, with the Jury in the inferior 
Courts ; and that such acts concluded and issued be of as 
full authority as if there were all present. Provided, there 
be due and seasonable notice given of every such Court. 




Trappa. 



RHODE ISLAND COLONY EECORDS. 



Tenure of theLands of Aquethneck. 

20. It is ordered, Established and Decreed, unani- 
mouslie, that all men's Proprieties in their Lands of the 
Island, and the Jurisdiction thereof, shall be such, and soe 
free, that neyther the State nor any Person or Persons 
shall intrude into it, molest him in itt, to deprive him of 
anything whatsoever that is, or shall be within that, or 
any of the bounds thereof ; and that this Tenure and Pro- 
priety of his therein shall be continued to him, or his ; or 
to whomsoever he shall assign it for Ever. 



, The Orders and Lawes 
made at the Generall Courte, held 
att Newport, the 17th of September, Ano. 1641. 

21. Whereas, there were certaine Records, to witt : 
Eleven in number, made and entered into this Book of 
State, which Records are since found to be imperfect by 
want of that which was intended both for bounds, quan- 
titie and Tenure ; It is ordered, therefore, that it shall be 
lawfull to transcribe and rectific the said Records accord- 
ing to the perfect rule and orders in that case Provided. 

The order ;nade for the restraint of killing deare y'' last 
Court is repealed. 

22. It is ordered and agreed, that no Englishman or 
other shall sett any Trapps for deare upon the Island, 
under paine of forfeiting five pounds, except it be within 
his own inclosed grounds. 



TOWN OF NEWPORT. HT 

23. It is also ordered, that no Indian shall fall or peel 1639. 
any trees upon the Islands ; and that if any be found so "^^^^^^^ 
doing or carrying off Bark (so peeled upon the Islands) 

away ; it shall be lawfull for all that so finds them, to 
bring a cause to be brought the Parties so offending 
before the Magistrates, who shall order and punish 
them according to the Law. 

24. Whereas, ther was difference in the vndcrstand- Train 

' Bands. 

ing of that order made the last Court concerning the Elec- 
tion of Mihtary Commanders ; it was explained by the 
authority of this Courte, Vidg't. That the Freemen of 
the Towne according to order, shall confirme one to each 
oflQce, out of all such as the whole Traine Band did pre- 
sent ; and this to stand as the true meaning of that Lawe 
in that order. 

25. It is ordered, that Mr. Jeffreys shall draw the Line, 
line between the Townes by the last of November next, 
who shall have five shillings a day for the time he spends 
att home about it ; and ten shillings a day when he lies 
abroad, vpon paine of forfeiting five pounds if not done ; 
also those that shall help him sliall have three shillings per 
diem, and the charge to be equally borne by the Townes. 

26. It is ordered, that Mr. Robert Jeoffreys shall be ^1^.^^^^^^.^ 
authorized to exercise the function of Chirurgerie. 

27. It is ordered, that every halfe yeare ther shall beswineand 

•^ -^ , Goats. 

three men chosen out of each Towne to view the Swine 
that shall be killed by any Person or Persons within the 
Limitts of the said Towne : And that he that doth or shall 
kill any swine, and not call one or more of the said men 
to view and see the said swine so killed, or to be killed, 
he shall forfeitt five pounds ; and also it is ordered, that 
every Inhabitant or Person keeping swine, shall within 
one month after the end of this Court, bring in their ear- 
marke which they have or do vsually give, and ther to be 
kept in the Towne Records vpon paine of forfeiting six 
shillings and eight pence ; and those that have the Seign- 
iority of the marke shall keep it, and others that have 



InKagement 



118 RHODE ISLAND COLONY RECORDS. 

1641. given the same shall alter the said marke vpon notice 
^-*''''"*^ gi\ en to em ; and it is also ordered, that the same order 
in all points shall be observed for Goates ; and also that 
each Towne shall have a Coppy of each others earmarks. 

28. It is ordered and received, that the Ingagement 
that already was given by the Freemen, was and is of the 
same force as that oath is, which is authorized to be ad- 
ministered to the Inhabitants, which oath Nicholas Easton, 
Rob't Jeoffreys and Win. Dyre did take in presence of the 
Conrte. 

29. It is ordered, that if any Person or Persons on 
the Island, whether Freeman or Inhabitant, shall by any 
meanes open or covert, endeavour to bring in any other 
Powre than what is now established (except it be from our 
Prince by Lawfull commission), shall be accounted a de- 
linquent under the head of Perjurie. 

30. It is ordered, that the Law of the last Court made 
concerning Libertie of Conscience in point of Doctrine, is 
perpetuated. 

31. It is ordered. That the order concerning trainings 
made at Portsmouth, August G, 1640, shall be dulie ob- 
served and kept in all points effectually, excepting the 
Powre and all particles thereof which is given to the Com- 
manders therein ; also bee excepted the two Generall 
musters ; and also be excepted the half crown paying for 
such as are necessarily detained. And be it further or- 
dered, that the Townes shall order the Powre of the Ofii- 
cers of their severall Bands from time to time. 

32. It is ordered, that each Towne shall choose a 
Committee to Examine the accounts of each Towne inter- 
changeably, and to exhibitt them whollie at the next 
Generall Courts. 

33. It is ordered, that the Indian Corne shall goe at 
four shillings a bushell between man and man in all Pay- 
ments for debts made from this day forward : Provided, it 
be Merchantable. 

34. The Court doth order and Proclayme a Generall 



TOWN OF NEWPORT. 11 ! 

Pardon of all offences that have been presented to and l^J-ll. 
given in this Present Sessions. •--*-v-*» 

35. According to an order of Court made in March Accoum.. 
last, wherein a Committee was appointed to examine and 
rectify the Threasurers accounts, which accordingly they 
have done, and also exhibiting this foilowdno; answer in 



Memorandum : There remains due from the Threasury f^^ 
of Nuport the summe of one hundred pounds, and eleven 
pounds, three shillings and foure pence, as appeareth by 
the severall particulars ; and in case that Mr. Dyre and 
Henry Bull's bills upon Portsmouth be more than on Nu- 
port, then the surplus to be discounted ; and in case any- 
thing be omitted by eyther Treasury, then upon demand 
allowance to be made of the one halfe. 
Signed, 

WILLIAM BRENTON, 
JOHN COGGSHALL, 
WILLIAM BAULSTON, 
ROBERT JEOFFRIES. 



At the Generall Court of Election 
held on the 16th & 17th of March, att 
Newport, 1642. 
It is ordered, that Richard Carder, Randall Ilolden, 
Sampson Shatton, and Robert Potter, are disfranchised of °^^'»«"''"'' 
the Priviledges and Prerogatives belonging to the Body 
of this State, and that their names be cancelled out of the 
record. 

It is further ordered, that George Parker and John 
Briggs are suspended their votes till they have given satis- ^"'''^''' ""*• 
faction for their offences. 

It is further ordered, that Mr. Lenthall being gone for 
England, is suspended his Vote in Election, 




RHODE ISLAND COLONY RECORDB. 



By Election. 
^Ir. Will'm Coddington is chosen Governoiir for one 
whole yeare, or till a new be chosen. 

Mr. Wm. Brenton is chosen Dep'tie Gov'r for one 

whole yeare, &c. 

Mr. Nicholas Easton ] 

Mr John Coo-o-eshall I • , - • l x> i i 

^^ K 13 chosen assistant lor one whole 

Mr. John Porter f „ 

yeare, occ 
Mr. Wm. Balston J ^ 

William Dyre is chosen Secretarie for one whole 
yeare, &c. 

Mr. Roh't Jeoffries is chosen Threas'r of Nuport for one 
whole year, &c. 

Mr. Thorn. Spicer is chosen Threa'r of Portsmouth for 
one whole year, &c. 

Henry Bull ) are chosen Sargent attendants for one 

Thomas Gorton ) whole yeare, or till a new be chosen. 

George Gardiner, ) . n i. l^ 

^ ^ ^ ' > are chosen Constables. 

William i'reeborn, ) 

fespucation. Ti^e Court doth declare that it was the Intent of that 
order made concerning Militarie Officers, that each Town 
or Band should chuse their officers within themselves, and 
not to choose their officers out of another Towne or Band. 

Idem. rj.|^^ Q^^^^.j.^ ^^^^ furthcr declare that the Officers for 

Militarie Affaires are included in that order of yearly elec- 
tions, namelie : in that particle (all officers, &c.). 

Traynings. Forasuuich as by the due care of this honored Courtj 
divers orders have from time to time been made and estab- 
lished concerning Trainings, and great neglect have been 
therein hitherto, whereby great detriment hath, and is like 
to ensLie upon the State by reason thereof, the which being 
earnestly desired by divers of this Court, to be taken into 
consideration. Be it therefore enacted, and by this Pres- 
ent authoritie Established, that the officers for militarie af- 



TOWN OF NEWPORT. 121 

fairs, Vidg't, Captains, Leiftenants, Ensigns, Sarjeants and 1642. 
Clarks shall be dewlie chosen every yeare at y'' Generall^-*""^"^*'^ 
Courte of Election ; and that also the officers of each 
Band shall be chosen within themselves or limitts (and not 
officers) to be chosen one band oat of another Towne or 
Band ; and further that their Powre shall be ordered from 
time to time by the Towne according to the order in that 
case Provided ; and also, that the order or orders made 
Angnst 6th, 1640, Sept. 17, 1641, be effectually ob- 
served in all points, excepting what is already excepted ; 
and that all former orders excepting, are hereby made 
void and of no force. 



By Election. 
Mr. Robert Jeofireys is elected Captain for Nuport, 
Mr. Jeremy Clarke, Lieutenant. 
Mr. Smith, Ensign. 
George Gardiner, Sargent, Sen'r, 
Robert Stanton, Sargent, Jun'r, 
Toby Knight, Clarke. 

Mr. Richard Morris is elected Captain for Portsmouth j 

Mr. Balston, Lieftenant, 

Mr. Thomas Cornill, Ensignc, 

Mr. Cowland, Sargent, Sen'r, 

Thomas Gorton, Sargent, Jun'r, 

Adam Mott, Clarke. 

It is ordered, that the first Monday of every month, the 
Traine Bands shall be exercised by the Commanders, ex- 
cepting in the months of May and August, January and 
Febru.: and the warning to be seasonably given by the 



122 RHODE ISLAND COLONY RECORDS. 

1642. ofBcer.s at the one Meeting against the other ; and further, 

■^-^^^'^^^ it is ordered, that the Captains shall chuse their Drum- 
mers and Corporalls. 

waives. It is further ordered, that he that shall kill a Wolf vpon 

the ysland, shall have thirty shillings for every Wolf he 
Kills ; also, it is ordered, that the Magistrates of each 
Towne shall procure two men for each Towne to range the 
Woods for to Kill them ; who shall also agree to satisfie 
them by the day, besides the thirtie shillings a head, 
which money or payment shall be made the Moitie out of 
each Threasurie. 

Account. Mr. JeofTreys, Threasurer, his accounts being dewlie 
examined by the auditors by order appointed, and accord^ 
ingly exhibited to this Court, is allowed of, and he is dis- 
charged of the said account ; and what remains to be 
transferred to the other accounts, he being again chosen 
Threasurer. 

Also it is ordered, that the other Towne shall appoint 
three to audite the old Threasurers accounts, and exhibit 
them att the next Quarter Sessions, and the remainder to 
be transferred to Mr. Spicer, now Threasurer. 

Provision It is ordcrcd, that the ordinaries shall no longer 
make Provision of diett for the Courts at the countrie 
charge. 

Few. It is further ordered, that the three shillings a day al- 

lowance shall be taken off from the Officers, and that the 
Secretarie shall have the fee's and customes allowed by the 
Lawes and Constitutions of England ; also he shall exe- 
cute the Clarke of the Peace his office ; and for wdiat time 
the said Secretarie shall expend for writing or enrolling 
the Court's Acts, satisfaction shall be made out of the 
Treasury ; Also the Sarjeants shall have the fees allowed 
them by order of Law for their arrests and summons, &c.; 
or upon the States service their attendance, to be satis- 
fied : Provided also, that by this order their bills for the 
last yeare be not frustrated. 

It is further ordered, that thor shall be but one General! 



TOWN OF NEWPORT. 123 

Court in the yeare, vidg't, the Court of Election, and that 1640. 
to be held according- to the ancient form and custome ; ^^*^v-*-^ 
and but two Quarter Sessions in the yeare ; vidg't, the 
one in June, the other in December ; and they to be held 
according to the ancient forme and Custome ; Provided, 
that if ther shall appear speciall occasion, then the Gov- 
ernour and Deputie with the rest of the Magistrates, or 
two of them, shall have Powre to call eyther Generall 
Courts, or more Session Courts ; and what former orders 
are contrarie hereunto to this Present act, are made void. 

It is also further ordered, that such acquittances for the 
receipt of the Land Moneys under the Threasurers hand, 
being exhibited or sent vnto the Secretarie, he shall have 
full powre to record y'' said lands and give the parties ex- 
emplifications of the same vnder his hand and in the 
States' name. 

It is ordered, that if any Person or Persons shall sell, imians 
give, deliver, or any other wayes convey any Powder, 
Shott, Gunn, Pistoll, Sword, or any other Engine of 
Warr, to the Indians that are, or may prove offensive to 
this State or to any Member thereof, he or they for the 
first offence being lawfully convict, shall forfeit the sum 
of forty shillings ; and for the second offence, offending 
in the same kind, shall forfeit five pounds ; half to our 
Sov'n Lord the King, and half to him that will sue for 
it ; and no wager of Law by any means to be allowed y" 
offender. 

It is ordered, that if John Weeks, Randall Holden,.GoodBt- 
Richard Carder, Sampson Shatton or Robert Potter shall 
come vpon the Island armed, they shall be by the Consta- 
ble (calling him sufficiently aside) disarm' d and carried 
before the Magistrate, and there find sureties for their 
good behaviour ; and further be it estabhshed, that if that 
course shall not regulate them or any of them, then a fur- 
ther dew and lawfull course by the Magistrates shall be 
taken in their Sessions : Provided, that this order hinder 
not the course of Law already begun with J, Weeks. 
9 "^ 



laviour. 



124 RHODE ISLAND COLONY RECORDS. 

1640. It is ordered, that the Secretarie shall have full Powre 
^-*"~^'"'*-' upon the Threasurer's information to sue for the monys 

9.n tt. ■'■ "^ 

that is due vnto y*" Threasurie. 
Ffinis. 



Courts. 
Juries. 



At the Generall Court assembled at Nuport 

on the 19th of September, 1642, these 

orders following were agreed upon. 

It is ordered, that George Parker and John Briggs are 
reunited of their censure of suspension. 

It is ordered, that the Freemen of the Towne in their 
Towne meetings shall appoint the Juries for the Courts, 
and that they shall have powre as well to appoint the In- 
habitants, as Freemen for that service, by virtue of the 
Tenure and grant of their Lands which is freehold ; and 
further it is ordered, that the two Courts in June and De- 
cember, shall be held as the two Generall Sessions ; also, 
that the two other Courts, Vidg't, in March and Septem- 
ber shall again be held, and kept as Quarter Courts ; and 
further it is ordered, that the Juriors shall have twelve 
pence a piece p'd them for every cause vpon issue joyned, 
both at these and all other Courts held and kept within 
our Jurisdiction. 

It is ordered, that full Commission is granted to Mr. 
uamJ; ^''" Roger Williams to consult and agree with Miantonomie, 
Sachem of the Narragansetts, for the destruction of the 
Wolves that are now upon the Island ; and also, that they 
no way damnific the English in that, or in a present hunt- 
ing [ground] granted to them for the killing of the deare 
that are upon the same ; provided, that the Indians shaU 



;/nror8 pay. 



Commission 



TOWN OF NEWPORT. 



125 



no moro require tlie like curtesie of hiuiting upon tlie Is- 1640. 
land when as this enterprise is effected. v-*»-v-i*-/ 

It is ordered, that a Committee shall be appointed to ^.^^^^^ 
consult about the procuration of a patent for this Island 
and Islands, and the lands adjacent ; and to draw up Peti- 
tion or Petitions ; and to send letter or letters for the 
same end to Sr. Henry Vane ; and that if any opportu- 
nitie be presented, they shall have full Powre to transact 
and send to the forenamed Gentleman or any others whom 
they shall think meet for the speedy affecting of said busi- 
ness ; Provided, that an opportunitie be as aforesaid pre- 
sented, between this and the Generall Court in March 
next ; which opportunitie foiling, then to present the af- 
faires so ripened to the Generall Court then assembled ; 
and further it is ordered, that what charges shall any 
way be dispended herein, the Body doth engage them- 
selves a dew proportion therein. 

The Committee appointed for the transaction of this (.^,^^j^;^jg^,g 
business, is the Governour, the Deputie, the foure Assist- 
ants, the Secretary, Cap't. Jeoffreys, Capt. Harding, and 
Mr. John Clarke. 

It is ordered, that all such Freemen that doth not Co-votos. 
habit vpon the Island, shall have no vote or Powre to 
transact any [business] in our Courts. 

It is ordered, that no man shall be disfranchised, but Disfran- 
when the major part of the bodie entire is present. "^ '"""''" ' 

It is further ordered, that all the Priviledges, preroga- [?°°^Jj™^i-,. 
tives and liberties of the Government, State, Townes, per-"'"^^' 
sons, or person are confirmed. 

It is ordered, that if any Englishman shall kill or bring ^°^^^'- 
in any of the Wolves heads that are upon the Island and 
slain thereon, and bring the head thereof to y'' Governour 
in Newport, or Deputie in Portsmouth, he shall have five 
pound for his paines ; and at the next Town's meeting, a 
rate by the Townsmen, shall be made for every man to 
pay to it according to this State of Cattle, which mult shall 
be levied and raised by the Sarjent, who shall be satisfied 



126 RHODE ISLAND COLONY RECORDS. 

1640. for Ills paines ; and that both Towns shall paj it propor- 
^^^-^*^ tionably to the Cattle therein. 

It is ordered, that the Governour and Deputie shall 
treat with the Governour of the Dutch to supply vs with 
necessaries, and to take of our commodities at such rates 
as may be suitable. 

It is ordered, that no person or persons shall make any 
dictTon.""'' sale of his lands (in or belonging to our Jurisdiction) to 
any other Jurisdiction, or person therein, vnless that that 
Jurisdiction or person shall be subject to the Government 
here established, vpon paine of forfeiture of the said lands 
so proffered. 



Supplies. 



Sale to an- 



Threasu- 
rer's dis- 
charge. 



At the Generall Court of Election held at 
Portsmouth the 15th of March, 1643. 
By the Election of the Body, The officers of the State 
were elected as they stood the former yeare, excepting 
the Serjents, which were 

James Rogers, for Nuport, 
George Parker, for Portsmouth. 
Mr. Baulston, Threas'r, of Portsmouth, exhibited his 
Threas's accounts this present Court, and by the Court 
was allowed ; and the said Mr. Baulston discharged of 
the said accounts for the time passed, and what surplus 
remained, to be transferred to the other accounts. 



TOWN OF NEWPORT. 

1644. 



At the Grenerall Court of Election held at 
Nuport on the 13th of the first month, 1644. 

All were chosen officers agame as they were last yeare, 
except Mr. Jeremy Clarke, who was chosen Threasurer of 
Nuport, in Mr. Jeolfrey's stead. 

The Military Officers elected for Nuport were Mr. 
Clark, Capt. ; Mr. Smith, Lief 't. ; George Gardiner, 
Ensign ; Toby Knight, Clark ; Robert Stanton and Peter 
Easton, Sarjants ; John Coggeshall, Thomas Gould, James 
Barker, Henry Timberleggs, Corporalls ; and John Hardy, 
Drummer. For Portsmouth, Capt. Morris, Chef 'n ; Mr. 
Samford, Lft,; Mr. CorniU, Ensign ; Mr. Willbor, Clark; 
George Parker, Tho: Gorton, Sam'l Willbor, Sarj'ts ; 
John Alsborow, Tho: Brookes, Rich: Awards, Jo: Antho- 
ny, Corporalls ; and Jo: Cranston, drummer. 

It is ordered by this Court, that the ysland commonly j,^ame. 
called Aquethneck, shall be from henceforth called the 
Isle of Rhodes, or RHODE ISLAND. 

It is ordered, that a debt of thirty shillings, due to Mr. Bebts. 
Edw'd Hutchinson, for trading Commodities, shall be sat- 
isfied out of the Threasuries joyntly. 

It is ordered, that forasmuch as according to divers or- 
ders by Generall Courts formerly made, That all such Lands. 
Lands as were granted to any, they should be recorded in 
the State Book, which should be their Evidence to Perpe- 
tuity. And itt now appearing to this present Court that 
much Lands have been granted vnto divers persons who 
have made sales thereof, and have neglected to record 
their Lands so granted, or past on so and so to persons 
purchasing the same Lands, and have since gone away, or 
departed from the Jurisdiction, so that original Records 
cannot be in a dew forme made. Be itt now established, 
and decreed by the Court and the authority hereof, that 
all who hath made or shall make purchases of any such 



128 RHODE ISLAND COLONY RECORDS. 

1644. lands, and shall sufficiently evince eyther by writings, bar- 
^-''"^''"*-' gains, contracts, or other Testimony of the Purchase of 
any such Land or Lands before one Judge of the Court 
and the Clerk of the Peace ; that then the Secretarie shall 
have full Powre to record the said Lands in the State 
Book to the purchaser ; and in his name then holding the 
said Land, which Record shall be as authentick to him or 
them, their Heirs, Executors or Assigns, as if the said 
Lands had been originally granted, and according to that 
Tract in all points observed. 

It was ordered, that Robert West should be paid three 
pounds from Nuport, and two pounds from Portsmouth 
^°''' Threasury, for destroying the other Wolf. 

It was ordered and agreed, by the Body of this State 
before the Election of this present day, that the major of 
the major part of the Body in the Generall Courts appear- 
ing : shall have full powre to transact the affaires of the 
State ; also, to impose fines or penalties vpon all such of 
the Body that shall not appeare, or other wayes shall neg- 
lect or absent themselves from the service of the State hav- 
ing made their appearance in the Court, without leave. 



WARWICK. 

16 4 2. 



[The settlers at Warwick, unlike those of Providence, 1642. 
Portsmouth and Newport had not, prior to the Charter to ^— •^^^-^ 
the Colony of March 14, 1G44, combined together as a 
corporation, or assumed to exercise any of the powers of 
government. The reason for omitting to do so was not 
because they were opposed to any government, as has 
been charged against them, but because they held that so 
long as they were English subjects, they had no lawful 
right to erect a government, and could not without au- 
thority from the crown or government in England. They 
denied that the self-constituted governments in the other 
towns were of any authority, because their power was not 
lawfully derived from the government to which they owed 
allegiance. They therefore never exercised any power of 
government, or proceeded to elect any officers until the 
organization of a government for the colony in May, 
1647, under the charter of 1644. 

Their first act was on the 8th day of August, 1647, and 
is thus recorded. 




RHODE ISLAND COLONY RECORDS. 



Having now received our orders this 8th of August, 
from y"" Generall Recorder, we have chosen for a Towne 
Council, being a General Assembly order, 

JO: GREENE, 
EZC: HOLIMAN, 
JO: WARNER, 
RUFUS BARTON, 
RANDALL HOLDEN. 
Rufus Barton, 



Town Magistrates. 



Jo: Wickes, 
Jo: Warner, Town Clarke, 
Hen: Townsend, Constable 
Chri: Helme, Sargant.] 



Deed from Miantonomi to Randall Holden, John Greene 
and others of Shawomet, noiv known as Warivick, Janu- 
ary, 12, 1642. 

Know all men : that I, Myantonomy, Cheefe Sachem 
of the Nanheygansett, have sould vnto the persons heare 
named, one parsell of lands with all the rights and privi- 
leges thereoff whatsoever, lyinge uppon the west syde of 
that part of the sea called Sowhomes Bay, from Copassa- 
natuxett, over against a little Hand in the sayd Bay, be- 
ing the North bounds, and the outmost point of that neck 
of land called Shawhomett ; beinge the South bounds 
fFrom the sea shoare of each boundary uppon a straight 
lyne westward twentie miles. I say I have truly sould 
this parsell of lande above saydc, the proportion whereof is 



TOWN OF WARWICK. 



131 



according to the mapp under written or drawne, being the 1639. 
forme of it vnto Randall Houlden, John Greene, John ^-*'''^^^*» 
Wickes, ffrancis Weston, Samuell Gorton, Richard Water- 
man, John Warner, Richard Carder, Sampson Shotten, 
Robert Potter, William Wuddall, ffor one hundreth and' 
fortie foure ffathom of ^Yampumpeage. I say I have sould 
it, and possession of it given unto the men above sayed, 
with the ffree and joynt consent of the present inhabit- 
ants, being natives, as it appeares by their hands hereunto 
annexed. 

Dated y" twelfth day of January, 1642. Beinge en- 
acted vppon the above sayed parsell of land in the pres- 
ence off 



PuM 1 
Jano, 



HOMM, 



*^ his marke, 
John Greene, Jun'r, 



MYANTONOMY, 

Sachem of 
Shawhomett, 



TOTANOMANS, 

his marke, 



/ 



The within written deed is entred and recorded in the 
publick records of his Majesties Collony of Rhode Island 
and Providence Plantations on the (158) page of the 
booke of land evidences.* 

As attests, 

JOHN SANFORD, Recorder. 



"■•■ Indian Deed of Potowomut, a portion of the town of Warwick, from the origi- 
nal land evidences in the Town Clerk's office. 



TCiiow all men by Uicse prcseuts, y' I, Taccomannii, right oAvner of all y" 
meadoAvs and mowable land upon a neck of ground eoraonly called by y° Eng- 
lish, by y° name of Potawomett, situated and being upon y° great river called 
by y" naime of y^ Nanhygansott Bay, lying over against y° South end of that 



132 



RHODE ISLAND COLONY RECORDS. 



1641. '"'^'cl:? of land cnlled Shawomet, which bay is y° East bounder, and that river 
^^^.^^ commonly called by y^ English Potawomut river ; being in y° Southward 
bounnder and C ;es'sett bay, being y° norward bounder for y" space or length 
of fower myk'S, according to y" English accoumpt, by y° said Potawomut 
river westward, from y° said Nanhygansett baj^, which parcel! of land as 
^ abovesaidc. with all y" right and privilidges thereto appertaining, by land, 
water, wood or otherwise, I doe hereby, and by these presents ffrecly ackuowl- 
ed*e to have Icagaliy and trewly sould, made over, and by these presents doe 
forever qnitclairae unto Randall Houlden and Ezchiel Hollyma,u, both of 
"Warwick, for themselves and y° rest of y° inhabitants of y' abovesaid towne of 
Warwicke to them and their heires, and to have and to hould for ever, for y" 
just some of fifteen pounds dewly paid and received allrcady, in wampumpeage, 
only I am to receive y" valine of one coate of such clothe as y° Indians doe now 
commonly use to weare, annually as a gratuity hereafter ; and I doe hereby 
binde and ingadge myselfe, that neither I nor any in my naime, nor in my be- 
halfe shall forever hereafter dissurbe or molest them or any of them in y° 
cjuiett and peaceable possession and injoymcnt of this, their proper right and 
inheritance ; Moreover, I doe by these presents, further binde and engage my- 
selfe, and allso my heires and suckcessors, and that in consideration of y" 
abovesaid sum of money in payment received, never hereafter to sell, mort- 
gadge, let, or make over any moor, meadow or mowable laud within my right, 
tytle, or claime unto any, what or whomsoever, but only to y° parties above- 
named, their heires or assignes. In virtue whereof, I have heare unto sett my 
hand and scale, according to y" custome of y" English. Dated y° thirteenth 
day of July, Anno. 1654. 



Scaled and delivered 
hi y" presence of 



TACCOMANAN, 



his markc. 



Jeremy "Westcott, 
William Baker, 

Samuel Ensall. 



AWASHOTUST, 
eldest soun to him above 
his marke. 



AY AWANOCKOS HAW, 

m another sonu 

his marke. 



MSICELLANEOUS DOCUMENTS. 



MISCELLANEOUS DOCUMENTS. 



13^ 

1G43. 



A Coppy of a letter sent to Mr. R. Williams, of Provi- 
dence. 

Sir : 

Wee receaved lately out of England a charter from 
y"" authority of y^ high Courte of Parliament, beareing 
date 10th December, 1643, whereby y"* Narragansett 
Bay, and a certaine tract of land wherein Providence and 
y^ Island of Quidy are included, which wee thought fitt to 
give yow, and our other country men in those parts, notice 
of, y'' you may forbeare to exercise any jurisdiction there- 
in, otherwise to appeare at our next Generall Courte, to 
be holden the 4th day of y" 8th month, to show by what 
right yow claime any such jurisdiction ; for which pur- 
pose yourself and other your neighbours shall have free 
liberty to cane, stay, and returne, as the occasion of A^ 
said business shall require. 

Dated at Boston, in y^ Mattatusetts, 27 1 6th mo.^ 
1645. 

To jMr. Roger Williams, of Providence, by order of y^ 
counsell. 

INCREASE NOWELL, Sec't. 

(Mass. Col. Records, vol. 3, p. 49.) 



134 RHODE ISLAND COLONY RECORDS. 

1644. 

The Act and Deed of the voluntary and free sub?nission of 
the c/iiefe Sachem, and the rest of the Princes, with the 
whole people of the Nanhigansets, unto the Government 
and protection of that Honorable State of Old-England ; 
set downe, here, verbatim. 

Know all Men, Colonies, Peoples, and Nations, unto 
whom the fame hereof shall come ; that wee, the chiefe 
Sachems, Princes or Governouvs of the Nanhigansets (in 
that part of America, now called New-England), together 
with the joynt and unanimous consent of all our people 
and subjects, inhabitants thereof, do upon serious conside- 
ration, mature and deliberate advise and counsell, great 
and weighty grounds and reasons moving us thereunto, 
whereof one most effectual unto us, is, that noble fame 
we have heard of that Great and might}^ Prince, Charles, 
King of Great Britaine, in that honorable and princely 
care he hath of all his servants, and true and loyall 
subjects, the consideration whereof moveth and bend- 
eth our hearts with one consent, freely, voluntarily, and 
most humbly to submit, subject, and give over our- 
selves, peoples, lands, rights, inheritances, and possessions 
whatsoever, in ourselves and our heires successively for 
ever, unto the protection, care and government of that 
worthy and royal Prince, Charles, King of Great Britaine 
and Ireland, his heires and successors forever, to be ruled 
and governed according to the ancient and honorable 
lawes and customes, established in that so renowned 
realme and kingdome of Old England ; we do, therefore, 
by these presents, confesse, and most willingly and sub- 
missively acknowledge ourselves to be the humble, lov- 
ing and obedient servants and subjects of his Majestic ; to 
be ruled, ordered, and disposed of, in ourselves and ours, 
according to his princely wisdome, counsell and lawes of that 
honorable State of Old England ; upon condition of His 



TOWN OF AVARWICK. 135 

Majesties' royal protection, and wrigliting us of what wrong 1644. 
is, or may be done unto us, according to his honorable lawes '-"•^--*^ 
and customes, exercised amongst his subjects, in their 
preservation and safety, and in the defeating and over- 
throve of his, and their enemies ; not that we find our- 
selves necessitated hereunto, in respect of our relation, or 
occasion we have, or may have, with any of the natives in 
these parts, knowing ourselves sufficient defence, and able 
to judge in any matter or cause in that respect ; but have 
just cause of jealousy and suspicion of some of His Majes- 
ty's pretended subjects. Therefore our desire is, to have 
our matters and causes heard and tried according to his 
just and equall lav/es, in that way and order His Highness 
shall please to appoint : Nor can we yield over ourselves 
unto any, that are subjects themselves in any case ; having 
ourselves been the chief Sachems, or Princes successively, 
of the country, time out of mind ; and for our present and 
lawfull enacting hereof, being so farre remote from His 
Majestie, wee have, by joynt consent, made choice of 
foure of his loyall and loving subjects, our trusty and 
well-beloved friends, Samuel Gorton, John Wickes, Ran- 
dall Houlden and John Warner, whom we have deputed, 
and made our lawfull Attornies or Commissioners, not only 
for the acting and performing of this our Deed, in the be- 
halfe of his Highnesse, but also for the safe custody, care- 
full conveyance, and declaration hereof unto his grace : 
being done upon the lands of the Nanhigansett, at a 
Court or Generall Assembly called and assembled togeth- 
er, of purpose, for the publick enacting, and manifestation 
hereof. 

And for the further confirmation, and establising of this 
our Act and Deed, wee, the abovesaid Sachems or Princ- 
es, have, according to that commendable custome of Eng- 
lishmen, subscribed our names and sett our seals hereunto, 
as so many testimonies of our fayth and truth, our love 
and loyalty to that our dread Soveraighne, and that ac- 
cording to the Englishmen's account. Dated the nine- 



136 RHODE ISLAND COLONY RECORDS. 

1644. teentli day of Aprill, one thousand six hundred and forty- 
^'-*^^'^*- four. 

PESSICUS, his marke, Chief ^'^^ —j^ 

Sachem, and successor of that '"""^ 
late deceased Miantonomy. ^ 

The marke of that ancient CO- p 
NANICUS, Protector of that late ^ 
deceased Miantonomy, during the -;;7;^'xi 
time of his nonage. 

The marke of ]MIXAN, son and ^|iii 
heirc of that abovesaid Conanicus. 

Witnessed by two of the chicfe counsellors to Sachem 
Pessicus. 

AWASIIOOSSE, his marke, iS 




Indians. ^ TOMANICK, 
I his marke. 

I ^_ — 

Sealed and delivered, in the presence of these persons : 
f CHRISTOPHER HELME, 
English. <; ROBERT POTTER, 
[ RICHxiRD CARDER. 

Here folio weth a copy of a letter sent to the Massachu- 
setts, by the Sachems of the Narragansetts, (shortly after 
their subjection to the State and Government of Old 
England) they being sent unto by the Massachusetts, to 
make their appearance at their General Court, then ap- 
proacing. 

We understand your desire is, that we should come 
downe into the Massachusetts, at the time of your Courte, 
now approaching. Our occasions at this same time are 
very great ; and the more because of the loss (in that 
manner) of our late deceased brother, upon which occa- 



MISCELLANEOUS DOCUMENTS. 137 

sion, if we should iijt stir ourselves, to give testimony of 1644. 
our faithfuiness unto the cause of that our so unjust clepri- ^^-^-^v— a.-- 
vation of such an instrument as he was amongst us, for 
our common good, we should fear his blood would lie upon 
ourselves ; so that we desire of you, being we take you 
for a wise people, to let us know your reasons why you 
seem to advise us as you do, not to go out against our so 
inhuman and cruel adversary, who took so great a ransom 
to release him, and his life also, when that was done. 
Our brother was willing to stir much abroad to converse 
with men, and we see a sad event at the last thereupon. 
Take it not ill, therefore, though we resolve to keep at 
home, (unless some great necessity calls us out,) and so, 
at this time, do not repair unto you, according to your re- 
quest. And the rarher because we have subjected our- 
selves, our lands and possessions, with all the rights and 
inheritances of us and our people, either by conquest, vol- 
untary subjection or otherwise, unto that famous and hon- 
orable government of that Royal King, Charles, and that 
State of Old England, to be ordered and governed accord- 
ing to the laws and customs thereof ; not doubting of the 
continuance of that former love that hath been betwixt 
you and us, but rather to have it increase, hereby being 
subjects now (and that with joint and voluntary consent), 
unto the same King and State yourselves are. So that if 
any small things of difference should fall out betwixt us, 
only the sending of a messenger may bring it to right 
again ; but if any great matter should fall (which we hope 
and desire will not, nor may not), then neither yourselves, 
nor we are to be judges ; and both of us are to have re- 
course, and repair unto that honorable and just Govern- 
ment ; and for the passage of us or our men, to and again 
amongst you, about ours or their own occasions, to have 
commerce with you, we desire and hope they shall have 
no worse dealing or entertainment than formerly we have 
had amongst you, and do resolve accordingly to give no 
worse respect to you or yonrs, than formerly you have 



I.RS 



RHODE ISLAND COLONY RECORDS. 



1S44. found amongst us, according to the condition and manner 
-^^^^^^ of our country. 

Navrangansett, this present Ma,y the 24th, 1644, 

PESSICUS, ^*4j'*^^IIis marke. 
CONANICUS, I His marke. 



^4 true copy of a Letter sent to the Massachusetts, at a Gen- 
eral Court, held shortly after the submission of the people 
of the Narragansetts unto the State of Old England, by 
the Commissioners put in trust for the further publication 
of their solemn Act. 

These are to let you understand, that since you expelled 
us out of your coasts, the Sachems of the Narragansett, 
have sent for certain men of the King's Majesty's subjects, 
and upon advised counsel amongst themselves, (a General 
Assembly being called of purpose for that end) they have 
jointly, voluntarily, and with unanimous consent, submit- 
ted and subjected themselves, with their lands and posses- 
sions inherited by lineal descent, voluntary subjection, 
right of conquest, purchase or othei-wise, wdiatever lands 
or privileges appertain and bolong unto them, unto that hon- 
orable and famous Prince, Charles, King of Great Britain 
and Ireland, in that renowned State and Government of 
Old England, to be ruled and ordered, according to those 
honorable laws and customs, in themselves and their suc- 
cessors forever, which is performed and done, in that sol- 



MISCELLANEOUS DOCUMENTS. 1^9 

emn, durable and commendable custom of record, under 1644. 
divers and several hands and seals, witnessed sufficiently, '^-*^-'-*- 
both by the Natives and English, solemnly delivered and 
received on His Majesty's behalf, holding correspondence 
with the laws and customs of that honorable State of Old 
England in all points. We thought good, therefore, to 
give you notice hereof, at your General Court now assem- 
bled, that it may serve to inform yourselves, and all your 
United Colonies, of the performance of this act done, 
without any further pains or trouble ; that so not ourselves 
only, that are eye and ear witnesses hereof (but you also), 
may follow^ our occasions and employments, without any 
extraordinary care or fear of the people abovesaid, to offer 
to make any inroad, or give any assault upon us. But 
with that indignity offered and done unto their sovereign, 
which cannot be borne nor put up, without a sharp and 
princely revenge, nor may we upon the like penalty, offer 
to disturb them in their bounds and territories, in their or- 
dinary and accustomed employments among themselves, 
or with any of their neighboring natives, whose grounds 
of proceeds, causes and occasions are better known unto 
themselves, than we can be able to judge of. But if either 
you or we find any thing amongst them too grievous to be 
borne, they not making any violent assault upon us, we 
know whither and to whom we are to repair, and have 
recourse for redress, as we tender our allegiance and sub- 
jection unto our King and State, unto which they are 
become fellow subjects with ourselves ; and therefore, of 
necessity. His Majesty's princely care must reach unto 
them. Furthermore, that it may appear, that our deal- 
ings* towards you, and all men, have been and shall prove 
just and true, whatever your dealings may or have mani- 
fested themselves to be towards us ; know therefore, that 
being abroad of late, about our occasions, we fell to be 
where one of the Sachems of that great people of Mauk- 
quogges was, with some of his men, whom we perceive 
are the most fierce and warlike people in the country, or 
10 



140 RHODE ISLAND COLONY RECORDS. 

1 644. continent where we are, furnished with 3700 guns — men 
^-*'"^'"*^' expert in the use of them, plenty of powder and shot, with 
furniture for their bodies in time of war for their safety, 
which our natives have not. We understand that of late 
they have slain a hundred French, with many Indians, 
which were in league with the French, putting many of 
them to cruel tortures ; and have lost but two of their own 
men. These being, as we understand, deeply affected 
with the Narragansetts, in the loss of their late Sachem, 
unjust detaining also of so great a ransom, given and re- 
ceived for his life ; and else are resolved (that if any 
people offer to assault them in their accustomed courses 
amongst the natives, or seeking after their ancient rights 
and privileges, not offering wrong to any of His Majesty's 
subjects, nor violating their subjection to that noble State, 
which they seem to respect, and much to adore) to wage 
war with them unto the uttermost, which it seems is the 
very spirit of that people to be exercised that way ; 
which, as we desire to make use of it ourselves, so do we 
hereby give notice to you also, to make the best use of it 
unto yourselves, in all your colonies united. 

By us, the true and lawful owners of Shawomet. 

JOHN WARNER, Secret. 

June the 20th, 1644. 



RECORDS 

OP THE 

COLONY or RHODE ISLAND, 

AND 

PKOVIDENCE PLANTATIONS, 

UNDER THE FIRST CHARTER. 

1647 TO 1663 = 



RECORDS OF THE COLONY OF RHODE ISLAND. 143 



P»A.TEISrT 



PROVIDENCE PLANTATIONS 



Whereas by an Ordinance of the Lords and Commons, 1647. 
now assembled in Parliament, bearing Date the Second ^--'•^^'-^ 
Day of November, Anno Domino 1643, Robert Earl of 
Warwick, is constituted, and ordained Governor in Chief, 
and Lord High Admiral of all those Islands and other 
Plantations inhabited or planted by, or belonging to any 
His Majesty the King of England's Subjects, (or which 
hereafter may be inhabited and planted by, or belonging 
to them) within the Bounds, and upon the Coasts of 
America. And whereas the said Lords have thought fit, 
and thereby ordained, that Philip Earl of Pembroke, Ed- 
ward Earl of Manchester, William Viscount Say and Seal, 
Philip Lord AVharton, John Lord Rolle, Members of the 
House of Peers. Sir Gilbert Gerrard, Baronet, Sir Ar- 
thur Haslerig, Baronet, Sir Henry Vane, jun.. Knight, 
Sir Benj'amin Rudyard, Knight, John Pim, Oliver Crom- 
well, Dennis Bond, Miles Corbet, Cornelius Holland, 
Samuel Vassal, John Rolle, and Wm. Spurstow, Esqrs., 
Members of the House of Commons, should be Commis- 
sioners, to join in Ai(l and Assistance Avith the said Earl. 
And whereas for the ly^Mer Government and Defence, it 
is thereby ordained, th^t the aforesaid Governor and 
Commissioners, or the greater Number of them, shall 



144 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. have Power, and Authority from Time to Time to nomi- 
"-^"^■"""^^nate, appoint, and constitute all such subordinate Gov- 
ernors, Counsellors, Commanders, Officers, and Agents, 
as they shall judge to be best affected, and most fit 
and serviceable for the said Islands and Plantations ; 
and to provide for, order and dispose all Things, which 
they shall, from Time to Time, find most advantageous 
for the said Plantations ; and for the better Security 
of the Owners and Inhabitants thereof, to assign, ratify, 
and confirm, so much of their afore-mentioned Authority 
and Power, and in such Manner, and to such Persons 
as they shall judge to be fit for the better governing and 
preserving of the said Plantations and Islands, from open 
Violences and private Disturbances and Distractions. And 
whereas there is a Tract of Land in the Continent of 
America aforesaid, called by the Name of the Narragan- 
set-Bay ; bordering Northward and Northeast on the 
Patent of the Massachusetts, East and Southeast on 
Plymouth Patent, South on the Ocean, and on the West 
and Northwest by the Indians called Nahigganneucks, 
alias Narragansets ; the whole Tract extending about 
Twenty-five English Miles unto the Pequot River and 
Country. 

And whereas divers well affected and industrious Eng- 
lish Inhabitants, of the Towns of Providence, Portsmouth, 
and Newport in the tract aforesaid, have adventured to 
make a nearer neighbourhood and Society with the great 
Body of the Narragansets, which may in Time by the 
blessing of God upon their Endeavours, lay a sure Foun- 
dation of Happiness to all America. And have also pur- 
chased, and are purchasing of and amongst the said Na- 
tives, some other Places, which may be convenient both 
for Plantations, and also for building of Ships, Supply of 
Pipe Staves and other Merchaij^^'^-^e. And whereas the 
said English, have represented eir Desire to the said 
Earl, and Commissioners, to ha^e their hopeful Begin- 
nings approved and confirmed, by granting unto them a 



AND PROVIDENCE PLANTATIONS. 146 

Free Charter of Civil Incorporation and Government ; 1647. 
that they may order and govern their Plantation in such '•^'^'^-'^•*-^ 
a Manner as to maintain Justice and peace, both among 
themselves, and towards all Men with whom they shall 
have to do. In due Consideration of the said Premises, 
the said Robert Earl of Warwick, Governor in Chief, and 
Lord High Admiral of the said Plantations, and the 
greater Number of the said Commissioners, whose Names 
and Seals are here under-written and subjoined, out of a 
Desire to encourage the good Beginnings of the said 
Planters, Do, by the Authority of the aforesaid Ordinance 
of the Lords and Commons, give, grant, and confirm, to 
the aforesaid Inhabitants of the Towns of Providence, 
Portsmouth, and Newport, a free and absolute Charter of 
Incorporation, to be known by the Name of the Incorpora- 
tion of Providence Plantations, in the Narraganset-Bay, 
in New England. Together with full Power and Au- 
thority to rule themselves, and such others as shall here- 
after inhabit within any Part of the said Tract of land, 
by such a Form of Civil Government, as by voluntary con- 
sent of all, or the greater Part of them, they shall find 
most suitable to their Estate and Condition ; and, for that 
End, to make and ordain such Civil Laws and Constitu- 
tions, and to inflict such punishments upon Transgressors, 
and for Execution thereof, so to place, and displace Offi- 
cers of Justice, as they, or the greatest Part of them, 
shall by free Consent agree unto. Provided nevertheless, 
that the said Laws, Constitutions, and Punishments, for 
the Civil Government of the said Plantations, be conform- 
able to the Laws of England, so far as the Nature and 
Constitution of the place will admit. And always reserv- 
ing to the said Earl, and Commissioners, and their Suc- 
cessors, Power and Authority for to dispose the general 
Government of that, as it stands in Relation to the rest of 
the Plantations in America as they shall conceive from 
Time to Time, most conducing to the general Good of the 
said Plantations, the Honour of his Majesty, and the Ser- 



146 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1647. vice of the State. And the said Eaii and Commissioners, 
-*"'"*^do further authorize, that the aforesaid Inhabitants, for 
the better transacting of their public Affairs to make and 
use a public Seal as the known Seal of Providence- 
Plantations, in the Narraganset-Bay, in New-England. 
In Testimony whereof, the said Robert Earl of V/arwick, 
and Commissioners, have hereunto set their Hands and 
Seals, the Fourteenth Day of March, in the Nineteenth 
Year of the Reign of our Sovereign Lord King Charles, 
and in the Year of our Lord God, 1643. 
Robert Warwick, H. Vane, 

Philip Pembroke, Sam. Vassall, • 

Say and Seal, John Rolle, 

P. Wharton, Miles Corbet, 

Arthur Haslerig, W. Spurstow. 

Cor. Holland, 




AND PROVIDENCE PLANTATIONS. 



Acts and Orders 

Made and agreed upon at the Generall Court of Election, 

held at Portsmouth, in Rhode Island, the 19, 20, 21 of 

May, Anno. 1647, for the Colonie and Province of 

Providence. 

Mr. John Cop-sreshall is chosen Moderator of the present Moderator. 

O" A Imprimis. 

Assembly. 

2. It was Voted and found, that the major parte of the '^"^■"'"" 
Colonie was present at this Assemblie, whereby there was 

full power to transact. 

3. It was further agreed, that in case the Assemblie 
departe unto the number of Fortie ; those fortie shall stay 
and act as if the whole were present, and be of as full au- 
thoritie. 

4. It was a2;reed, that all should set their hands to au^ 
engagement to the Charter. "'''"*• 

5. It was agreed and ordered, that a week before any General 
General Courte, notice should be given to every Towne by 

the head officer, that they chuse a Committee for the'^"**'*- 
Transaction of the affaires there, except it bee for the 
Election of Generall Officers ; and such as go not, may 
send their votes sealed. 

6. It was ordered, upon the request of the Commis- Towne^"*^* 
sioners of the Towne of Providence, that their second in- 
struction should be granted and established unto them, 
Viclg't. Wee do voluntarily assent, and are freely wil- 
ling to receive and to be governed by the Lawes of Eng- 
land, together with the way of the Administration of 
them, soe far as the nature and constitution of this 
Plantation will admit, desiring (soe far as possible may 

be), to hold a correspondence with the whole Colonie in 
the modell that hath been latelie shewn vnto us by our 
worthy Friends of the Island, if the Generall Courte shall 



Bulk of 
Lawes. 



148 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. compleat and confirm the same, or any other Modell as 
^--'-v-^-^ the Generall Courte shall agree vpon according to our 
Charter. 

7. It was unanimously agreed. That we do all owne 
and submit to the Lawes, as they are contracted in the 
Bulke with the Administration of Justice, according 
thereto, which are to stand in force till the next Generall 
Courte of Election, and every Towne to haA^e a Coppie of 
them, and then to present what shall appeare therein not 
to be suitable to the Constitution of the place, and then to 
amend it. 
Warwick. 8. It was agreed, that Warwick should have the same 
priviledges as Providence. 

9. It was agreed, that the Generall Courte of Try all 
should be held at Newport vpon the second Tuesday of June 
next ensuing. 

10. It was agreed, that the Election of Officers should 
be by papers. 

Mr. John Coggeshall is chosen President of this Prov- 
ince, or Colonic. 

Mr. Koger Williams is chosen Assistant of 

Providence, 
Mr. John Samford is chosen Assistant of 

Portsmouth, 
Mr. Wm. Coddington is chosen Assistant of 

Newport, 
Mr. Randall Holden is chosen Assistant of 

Warwick, 
William D}re is chosen Gen. Recorder, 
Mr. Jeremy Clerke is chosen Treasurer. 
Repealed. H- It IS Ordered, that all cases presented, concerning 
General Matters for the Colony, shall be first stated in the 
Townes, Vigd't, That is, when a case is propounded, The 
Towne where it is propounded shall agitate and fully dis- 
cuss the matter in their Towne Meetings and conclude by 
Vote ; and then shall the Recorder of the Towne, or 
Towne Clerke, send a coppy of the agreement to every of 



2^ 



^ 5 



AND PROVIDENCE PLANTATIONS. 149 

the other three Townes, who shall agitate the case like- 1647. 
wise in each Towne and vote it, and collect the votes. ^— »-v-*-^ 
Then shall they commend it to the Committee for the 
General Courte (then a meeting called), who being assem- 
bled and finding the Major parte of the Colonic concurring 
in the case, it shall stand for a Law till the next Generall 
Assembly of all the people, then and there to be consid- 
ered, whether any longer to stand yea or no ; Further it 
is agreed, that six men of each Towne shall be the num- 
ber of the Committee premised, and to be freely chosen. 
And further it is agreed, that when the General Courte 
thus assembled, shall determine the cases before hand thus 
presented, It shall also be lawful for the said General 
Court, and hereby are they authorized, that if vnto them 
or any of them some case or cases shall be presented that 
may be deemed necessary for the public weale and good 
of the whole, they shall fully debate, discuss and de- 
termine y'' matter among themselves ; and then shall 
each Committee returning to their Towne declare what 
they have done in the case or cases premised. The 
Townes then debating and concluding, the votes shall be 
collected and sealed up, and then by the Towne Clarke of 
each Towne shall be sent with speed to the General Re- 
corder, who, in the presence of the President shall open 
the votes ; and if the major vote determine the case, it 
shall stand as a Law till the next General Assemblie then 
or there to be confirmed or nullified. 

12. It is ordered, that the Courte of Election shall al- Election. 
way be held upon the first Tuesday after the 15th of May, TryaiiTotes. 
annually, if wind or weather hinder not. Then the Gen- 
eral Court of Tryall immediately to succeed vpon the dis- 
solving of the said General Court, Vidg't : the next day ; 
and that the next General Court of Election shall be held 
at Pro\'idence Towne. Further, it is, agreed, that foras- 
much as many may be necessarily detained, that they can- 
not come to the General Court of Election, that then 



150 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. they shall send their votes sealed up unto the said Court, 
'-^"^'■"^' which shall be as effectual as their personal appearances. 

Receipts. ^ ^ *• 

Bnrveyorsof 13. It is ordcrcd, that each Towne shall choose and 
anf cluie' ordcr y° authoritie of two Surveyors for the Highways, 
ported. ajj(] appoint time to mend them ; also that they are to 
have notice of all cattle that shall be exported, and returne 
the marks of them unto the Towne ; and if any shall pre- 
sume to export any without giving notice of it to the men 
appointed, or their Deputies, he shall forfeit all such Cat- 
tle so exported, or the worth of them. 

14. It is ordered, that the Inhabitants of Portsmouth 
and Newport here present doe presently choose their offi- 
cers of the Island ; but that this act shall be no precedent 
for the future, but that the constant course of choosing 
shall be hereafter, when as the year is out, as the Major 
votes of the Townes of Portsmouth and Newport shall or- 
der it sometimes before the year be out, in some peacea- 
ble and moderate way which they shall agree upon. 

The engagement of the Officers. 

You, A. B , being called and chosen vnto public 

employment, and the office of , by the free vote and 

consent of y® Inhabitants of the Province of Providence 
Plantations (now orderly met), do, in the present Assem- 
blie, engage yourself faithfully and truly to the utmost of 
your power to execute the commission committed vnto 
you ; and do hereby promise to do neither more nor less 
in that respect than that which the Colonie [authorized] 
you to do according to the best of your understanding. 

The Reciprocal engagement of the State to \f Officers. 

We, the Inhabitants of the Province of Providence 
Plantations being here orderly met, and having by free 
vote chosen you , to public office and officers for the 



AND PROVIDENCE PLANTATIONS. 151 

due administration of Justice and the execution thereof 1647. 
throughout the whole Colonic, do hereby engage ourselves ^^""--^•^ 
to the utmost of our power to support and vphold you in 
your faithful performance thereof. 

15. It is ordered, that the Councills of Newport and 
Portsmouth,- shall consult and agree how and in what 
manner (within these thirtie dayes) the monthly and quar- 
terly Courts shall be ordered, and who shall sit therein ; 
further, it is agreed, that all cases depending shall be 
heard and issued at the next Generall Court of Tryall. 

16. It is ordered, that the Townes shall appoint men 
to view all Goates and Swine killed or to be killed, and 
shew the eare markes of them unto the said persons or one 
of them, whereby it may appeare to be their own ; and if 
any shall presume to conceale eyther Swine or Goats so 
killed or to be killed, shall forfeit five pounds ; one half 
to the State, the other to him that will sue for it, eyther 
by action or bill. It shall be lawfull also, for those that 
are appointed to the service being necessarily detayned, to 
make, constitute, and appoint a Deputie. 

17. It is. ordered, that John Cooke and Thomas 
Brownell, are chosen Water Bailies for the Colonic. 

18. It is ordered, that the Seale of the Province ppi 
shall be an Anchor. ^^ 

19. It is ordered, that the Councils of the Townes 
consisting of six men shall be chosen at their next 
Towne Meetings. 

20. It is ordered, that the Sea Lawes, otherwise Laws of o(«- 
called the Lawes of Oleron, shall be in force among us for 

the benefit of Seamen (vpon y^ Island), and the Chief Of- 
ficers in the Towne shall have power to summon the Court 
and determine the cause or causes presented. 

21. It is ordered, that none shall goe out of the Court 
without leave ; or if any do depart, he shall leave his vote 
behind him, that his power remain, though his person be 
absent. 

22. It is ordered, forasmuch as Mr. Roger Williams 



152 RECORDS OF THE COLONY OE RHODE ISLAND, 

1647. hath taken great paines and expended much time in the 
^-*''^'"*-' obtayninge of the Charter for this Province of Noble 
Lords and Governors ; be it enacted and established, that 
in regard of his so great travaile, charges and good en- 
deavours, we do freely give and grant to the said Roger 
Williams one hundred pounds, to be levied out of the 
three towns, Vidg't.: Fifty pounds out of Newport, thirtie 
pounds out of Portsmouth, and twentie pounds out of Provi- 
dence, which rate is to be levied and paid in by the last of 
November next. 

Trading 23. It is ordcrcd, that forasmuch as there are some re- 

House at 

mo^be' niote places inhabited and possessed within our Charter, 
Newport. ^^^ ^j. -^ ^^^^^^ uccossary that a vigilant eye be had over 
them, it is ordered, thatNew^port shall take into their cus- 
tody the Trading house or houses of the Nnrragansett 
Bay ; Portsmouth to take in Prudence ; and Patuxet 
shall be left to their choice, whether they will have Provi- 
dence, Portsmouth or Newport over them. And it is or- 
dered, that the Officers of each Towne shall have full 
power and authoritie in them or eyther of them, according 
to their precincts, by this present Court assyned. 

24. It is ordered, that there is free Libertie granted 
for the free Inhabitants of y*" Province (if they will) to 
erect an Artillery Garden, and those that are desirous to 
advance the Art Military, shall have freedom to exercise 
themselves therein, and to agree of their forme, and 
choose their ofi&cers, as they shaU agree among them- 
selves. 

25. Provided, shall 
choose their officers after the 15th 
of June next, vpon paine of forfeiting Tenn pounds a 
Town, if neglected. 

26. It is ordered, that in cases of necessity without 
the bounds of the Townes, a special officer for y" execution 
of Justice, may be authorized by any of the Generall Of- 
ficers for a general case. 

27. It is ordered, that y® General Officers shall write 



AND PROVIDENCE PLANTATIONS. 



153 



to tlie Bay about Patuxet Inhabitants ; and also write to 1647. 
the Inhabitants thereof to owne and choose the Govern- ^-^-^-^^ 
ment of the Province. 

28. It is ordered, that the Dutch, French or other 
AUiants, or any Englishman inhabiting among them, shaU 
pay the like customs and duties, as we doe among them 
for all such goods as shall be imported for the English, 
excepting beaver. Also, we do absolutely prohibit them 
or any of them to trade or barter with the Indians within 
our Jurisdiction, upon paine of forfeiture of Shipp and 
Goods ; and this to take effect after due notice given. 
The Generall Officers are ordered to write to the Dutch 
Governor, and upon the returne of the answer it shall be 
commended to the Townes to consider of. 

29. It is ordered, that all y" Inhabitants in each 
Towne shall choose their Military Officers from among 
themselves on the first Tuesday after the 12th of March ; 
and that eight severall times in the yeare, the Bands of 
each plantation or Towne, shall, openlie in the field, be ex- 
ercised and disciplined by their Commanders and Officers, 
in the months of May, August, January and February 
excepted ; and on the first Monday of y"* other months, 
all the Train Bands to make their personal appearances 
completely armed, to attend their colors, by 8 o'clock in 
the morning, at the second beate of y° Drum ; and if any 
appear not, they shall forfeit and pay five shillings into 
the hands of the Clark of y*" Band ; and if any shall come 
defective in his Armes or furniture, he shall forfeit and 
pay y'* sum of twelve pence, after the Town Council ^^^^ 
have caused them to be supplied; and that all men whoJ;j;rher 
shall come and remaine y^ space of twenty days, shall be i^ic^tton of' 

•j-iii p • • !• r>ji- T -T-k somemat- 

hable to y** injunction of this order ; Provided, herdsmen, ^^^;|^^;«^^^^- 
lighter-men and such as be left of necessity at Farmes, by 



ifirmod 
an Act 

shall pay two shillings and sixpence for every dayes ab- General ® 
sence : And that the two Chief officers in each Towne, to ^ie^heid 
witt : one of the Commonweale, the other of the Band, momh," 
upon the exhibition of the complaint by y° Clark (which wimsst! 



RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. shall be within three dayes after the fault committed), 
--'"^'''^-^ shall judge and determine of y'' reasons of the excuses, 
who, upon the hearing thereof, shall determine whether 
every such person shall pay five shillings ; two shillings 
and sixpence, or nothing ; and according as they find any 
defective, shall give their warrants to y" Clark to distraine 
their Goods if they shall refuse to pay what is ordered. 
And if the Clarke shall neglect to gather up what is or- 
dered, he shall forfeit and pay so much into the hands of 
the Captain, the next training day ; And that all the 
fines and forfeitures shall be employed to the use and ser- 
vice of the Band. And the Towne Councils shall have 
power to cause those which are defective in armes, to be 
supplied in an equal way according to Estate and 
strength. And if any of y'' Traine Band after his ap- 
pearance shall refuse or neglect the command of his Cap- 
tain, to be exercised and disciplined, he shall forfeit as 
much as if he had not appeared : And that the Town 
Council shall order the power of the Military Officers 
within the Towne, and in all cases that concerne y" whole, 
the President and y° foure assistants, and y^ Captains of 
every Band shall be the Councill of Warr ; that if any of 
the Officers of y° Band be at any time left out, they shall 
beare Armes again, for y'' Constitution of our place will 
not beare the contrary : that every Inhabitant of the 
Island above sixteen or under sixty yeares of age, shall 
alwayes be provided of a Musket, one pound of powder, 
twenty bullets, and two fadom of Match, with sword, rest, 
bandaleers all completely furnished. 
n Alarum 30. H [s ordcrcd, that in regard of y° many incur- 
sions that we are subjected vnto, and that an Alarum for 
y® giving of notice thereof is necessary when occasion is 
offered. It is agreed, that this form be observed, Vidg't : 
Three Muskets distinctly discharged, and a Herauld ap- 
pointed to go speedilie threw the Towne, and crie, 
Alarum ! Alarum ! ! and the Drum to beate incessantly ; 
upon which, all to repair (upon forfeiture as the Town 



AND PROVIDENCE PLANTATIONS. 155 

Councill shall order) unto the Town House, ther to re- 1647. 
receive information of the Town Councill what is fjirther ^-*'^^'-«*-' 
to be done. 

31. It is ordered and agreed, that if any person orAmunuion, 
persons, shall sell, give, deliver, or any otherwayes con-i>ouobe°' 
vey any powder, shott, lead, gunn, pistoll, sword, dag-'^*'*"®- 
ger, halberd or pike to the Indians that are or may prove 
offensive to this Colonic, or any member thereof, he or 

they, for the first offence, shall forfeit y^ sum of five 
pounds ; and for his second offence, offending in the 
same kind, and being lawfully convicted, shall forfeit ten 
pounds ; half to the State, and half to him that will sew 
for it, and no wager of Law by any means to be allowed 
to the offender. And, it is further ordered, that if any 

person shall mend or repaire their Guns, or he shall 

forfeit the same penaltie. 

32. It is ordered, that the Towne Officers shall give 
their engagements in their severall Townes to y® General 
Of&cer in that Towne, before they execute their ofl&ce. 

33. It is ordered, that if the Indians shall offer to putt 
away upon exchange or barter, their false peag for good, 
and warrant it so to be, and it be found otherwise, it shall 
be confiscated to the Public Treasury. 

34. It is ordered, that every Towne shall have a cop- Townes to 
py of the Lawes and Orders, and that each Towne shall p^^^ 
pay for their coppy ; and also, that the Councell for the 
Townes shall order the fees for their Officers, and the 
Generall Officers shall order the fees of the General Offi- 
cers : Provided, that nothing already concluded in the 
Bulck of Lawes be any wayes crossed or envaded. 

11 



have coi. 
iesof the 
wes. 




RECORDS OF THE COLONY OF RHODE ISLAND^ 



For the Province of Providence. 



Forasmuch as we have received from our Noble Lords 
and Honored Governours, and that by virtue of an ordi- 
nance of the Parliament of England, a free and absolute 
Charter of Civill incorporation, &c. Wee do joyntlie 
agree to incorporate ourselves, and soe to remaine a Body 
Politicke by the authoritie thereof, and therefore do de- 
clare to own ourselves and one another to be Membei-s of 
the same Body, and to have right to the Freedome and 
priviledges thereof by subscribing our names to thess 
words, following : Vidg't. 

Wee, whose names are here vnder written, doe engage 
ourselves to the vttmost of our Estates and Strength, to 
mainteyne the authority and to enjoy the Libertie granted 
to vs by our Charter, in the extent of itt according to the 
Letter, and to mainteyne each other by the same authori- 
tie, in his lawfull right and Libertie. 

And now sith our Charter gives vs powre to governe 
Democr»cia oursclvcs aud such other as come among vs, and by such a 
forme of Civill Government as by the Voluntarie consent, 
&c., shall be found most suitable to our Estate and con- 
dition, 

It is agreed, by this present Assembly thus incorporate, 
and by this present act 'declared, that the forme of Gov- 
ernment established in Providence Plantations is Demo- 
CRATiCALL ; that is to say, a Government held by y'' free 
and voluntarie consent of all, or the greater parte of the 
free Inhabitants. 

And now to the end that we may give, each to other, 
(notwithstanding our different consciences, touching the 
truth as it is in Jesus, whereof, upon the point we all 
make mention), as good and hopeful assurance as we are 
able, touching each man's peaceable and quiett enjoyment 



AND PROVIDENCE PLANTATIONS. 157 

of his lawfull right and Libertie, we doe agree vnto, and 1G47. 
by the authoritie above said, Inact, establish, and con- ^-'•^'-'^' 
firme these orders following. 

Touching Lawes. 



to I. ■ 



That no person, in this Colonic, shall be taken or im-^^-^^^^e 
prisoned, or be disseized of his Lands or Liberties, or be^"""-^'" 
Exiled, or any other otherwise molested or destroyed, but 
by the Lawfull judgment of his Peeres, or by some known 
Law, and according to the Letter of it, Ratified and con- 
firmed by the major part of the Generall Assembly law- 
fully met and orderly managed. 

2. That no person shall (but at his great perill), pre- officers, 
sume to beare or execute any office, that is not lawfully 
called to it, and confirmed in it ; nor though he be lawful- 
ly called and confirmed, presume to doe more or less than 
those that had powre to call him, or did authorize him 

to doe. 

3. That no Assembly shall have powre to constitute'^'*'"'"' 
any Lawes for the binding of others, or to ordaine Offi- 
cers for the execution thereof, but such as are founded 
upon the Charter and rightlie derived from the General 
Assemblie, lawfully met and orderly managed. 

4. That no person be employed in any service for the 
Publick Administration of Justice and Judgment vpon of- 
fenders, or between Man and Man, without good encour- 
agement, and due satisfaction from the Publick, eyther 
out of the common stock, or out of the stocks of those 
that have occasioned his service ; that so, those that are 
able to serve, may not be unwilling, and those that are 
able and willing, may not be disabled by being overbur- 
thened. And then, in case a man be called vnto Office 
by a lawfull Assemble, and refuse to beare office, or be 
called by an officer to assist in the execution of his office, 
and refuse to assist him, he shall forfeit as much again as 
his wages would have amounted unto, or be otherwise 



158 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. fined by the jadgment of his Peers, and to pay his fine 
'-•'"~^'"*^ or forfeiture, unless the Colony, or that lawful Assembly 

Laws to be . r> • i i 

made accord j-Q^gj^se Yi'mi, But m caso of eminent danger, no man 

ing to the o 

Enirandas shall rofuse. 

ck>lllitntfon And now, forasmuch as our Charter gives us powre to 
will bears, niako such Lawes, Constitutions, Penalties and Officers of 
Justice for the execution thereof as we, or the greater 
part of vs shall, by free consent, agree vnto, and yet 
does premise that those Lawes, Constitutions, and Penal- 
ties soe made shall be conformable to the Lawes of Eng- 
land, soe far as the nature and constitution of our place 
will admit, to the end that we may show ourselves not 
only unwilling that our popularity should prove (as some 
conjecture it will,) an Anarchic, and so a common Tyran- 
ny, but willing and exceedingly desirous to preserve every 
man safe in his person, name and estate ; and to show 
ourselves, in soe doing, to be also vnder authoritie, by 
keeping within the verge and limitts prescribed us in our 
Charter, by which we have Authoritie in this respect to 
act ; Wee do agree and by this present act determine, to 
make such Lawes and Constitutions soe conformable, &c., 
or rather to make those Lawes ours, and better known 
among us ; that is to say, such of them, and so farr, as 
the nature and constitution of our place will admit. 

Touching the Common Law. 

It being the common right among common men, and is 
Tf'r^'aws profitable eyther to direct or correct all, without exception ; 
be made' " and it bclug true, which that Great Doctor of the Gen- 
tiles once said, that the Law is made or brought to light, 
not for a righteous man, who is a Law vnto himselfe, but 
for the Lawless and disobedient in the Generall, but more 
particularly for murderers of Fathers and Mothers ; for 
Manslayers, for whoremongers, and those that defile 
themselves with mankind ; for Menstealers, for Lyars and 
perjured persons, vnto which, vpon the point, may be re- 



AND PROVIDENCE PLANTATIONS. 159 

duced the common Law of the ReaUne of England, the 1647. 
end of which is, as is propounded, to preserve every man ^-^-v-*-' 
safe in his own person, name and estate ; Wee doe agree 
to make, or rather to bring such Lawes to light for the di- 
rection or correction of such lawless persons, and for their 
memories sake to reduce them to these five generall Lawes 
or Heads ; viz.: 

1. Under that head of murdering Fathers and Moth- 
ers, being y" highest and most unnatural, are compre- 
hended those Lawes that concerne High Treason, Pettie 
Treason, Rebellion, Misbehaviour, and their accessaries. 

2. Under the Law for Manslayers, are comprehended 
those Lawes that concerne Self-murder, Murder, Homi- 
cide, Misadventure, casual death, cutting out the Tongue 
or Eyes, Witchcraft, Burglarie, Robberie, Burning of 
Houses, Forcible entryes. Rescues and Escape, Riotts, 
Routs and Unlawfull Assemblies, Batteries, Assaults and 
Threats and their accessaries. 

3. Under the Law for Whoremongers, and those that 
defile themselves with mankind, being the chief of that 
nature, are comprehended those Lawes that concerne 
Sodomie, Buggerie, Rape, Adulterie, Fornication, and 
their Accessaries. 

4. Under the Law for Menstealers, being the chief of 
that nature, are comprehended those Lawes that concern 
Theft of men, Larcenie, Trespasses by Men or beasts, 
Fraudulent dealing by deceitfall bargaine, Covenants, 
Conveyances by Barratrie, Conspiracie, Champertie and 
Maintenance, by forging or rasing Records, Writs, Deeds, 
Leases, Bills, &c., and by using fallse weights and mea- 
sures and their accessaries. 

5. Under the Law for Lyars and perjured persons, be- 
ing the chiefe of that nature, are comprehended such as 
concerne perjurie itselfe, breach of covenant. Slander, 
False witnesse-bearing, and their accessories. 

And as necessary concomitants hereof, to prevent Mur- 
der, Theft and Perjury, We do joyntlie agree in this pres- 



160 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. ent Assemblie, to make or produce such Lawes as concerne 
^-^"-^^"^^ provision for the poore, soe that the impotent shall be 
mainteyned and the able employed. And to prevent 
Poverties, it is agreed, that such Lawes be made and pro- 
duced as concernes y'' ordering of Alehouses, and Taverns, 
Drunkenness and unlawfull gaming therein ; and instead 
of such to propagate Archerie, which is both man-like and 
profitable ; and to prevent whoredom and those evils be- 
fore mentioned, it is agreed by this present Assemble to 
constitute and establish some ordinance touching Marri- 
age, Probate of Wills, and Intestates. 



^& 



Touching Murdering of Fathers and Mothers. 

ihtiearon ^^^^ ^I'^t of High Trcasou ; It is agreed and deter- 
mined by the wisdome of the State of England, vnder 
whose command we are, in the first and chiefest place, to 
forbid High Treason, and to declare that it is a grievous 
offence done or attempted against that State Regall, 
vidg't.: against the King (who is acknowledged the com- 
mon Father of the Countrie, in his person, Queene and 
Children, Authoritie, and Realme which is the common 
Mother of us all) soe that to seek the destruction of this 
common Father and Mother, is put first, as the most capi- 
tall Transgression against men, and is called by the name 
of High Treason. See 25 : Ed. 3, 2. 

Misprison of Treason is declared to be when a man con- 
cealeth and keepeth close. Treason, but consenteth not 
therto : 5 Ed. 6,11. In these there are no accessories ; all 
are principalis : 5 Hen. 7: 10. The penal tie for mispris- 
on of Treason, a man is to forfeit to the King goods and 
chattells for ever ; the profit of lands during life with 
perpetuall imprisonment. 3 Hen, 7: 2. 

For High Treason (if a man) he being accused by two 
lawfuU witnesses or accusers, 1 Edw. 6: 11, shall be 
drawn upon a Hurdell vnto the place of Execution, and 
there shall be hanged by the neck, cutt down alive, his 



AND PROVIDENCE PLANTATIONS. 161 

entraills and privie members cutt from him and burned in 1647. 
his view ; then shall his head be cutt off and his body ^-•^<'-*-' 
quartered ; his lands and his goods all forfeited. 26 Hen. 
Viii. 13, 5 ; 5 Edw. vi. 6, 11. If a woman, she shall be 
drawn vpon a hurdle to the place of Execution, and there 
burnt. But, forasmuch as according to the Lawes of our 
native Land, it is provided, that all Treasons, Misprisons, 
and concealments of Treason done or committed out of 
the Realme shall be enquired of -and Tryed within the 
Realme, Vidg't: in the King's Bench, or else be for spe- 
ciall commissioners. 35 Hen. viii. 2 ; Edw. vi. 11. It is 
agreed, and by this present Assemblie enacted. That if 
any person or persons inhabiting in this Colonic, from 
henceforth shall committ or attempt the committing of any 
such grievous offence as is above said, he shall be brought 
before the next Generall Assembly, where being thereof 
lawfully convicted, he shall be sent by the Colonic vnto 
our Noble Lords, further to be Tryed and to receive fjr 
his offence as the Law shall require. 

Petty Treason. 

It is agreed, by this present Assembly, and that ac- p^^^.^ ^^^^ 
cording to the Law of our Land, to forbid Pettie Treason '°"- 
to be committed in this Colonic ; and doe declare this to 
be that, that we account Pettie Treason : When willful 
murder is committed (in the estate Economicall or house- 
hold order or government), vpon any subject, by any one 
that is in subjection and oweth faith, dutie, and private 
obedience to the partie murdered, as in these cases ; For 
a Servant, Child, Wife malitiouslie to kill, or cause to be 
killed, their Master, Mistress, Father, Mother or Hus- 
band ; this is Pettie Treason ; and hereunto we add, that 
in any case man malitiouslie kill any Judge of Record 
among vs ; or in case any man among vs betray this Colo- 
nic and Grovernment into the hands of others, these shall 
be adjudged Pettie Treason : And further wee doe de- 



.162 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1647. clare, that the penaltie for Pettie Treason, that we are all 
■^'^^'''■*^ subjected to is, the man to be drawn and hanged; the 
woman to be burnt alive and the accessories hanged. 
12 Hen. vii. 7 ; 23 Hen. viii., 1 ; the forfeit of goods and 
for his lands a year and a day and the waste, and then 
they are to go by escheat to the Lord of the Fee. 25 
Edw. iii., 2 ; only we doe declare touching this matter, 
that each Towne is, of good right, y*" Lord of the Fee, in 
respect of all y^ Lands contayned within its bounds, from 
whom every man hath received his Lands, which Lords 
being all here present in this Generall Assemblie, and 
conceiving the wives and children ought not to beare the 
iniquities of the Husbands and Parents, at least as y" case 
stands with us, doe therefore joyntlie agree, so farr as in 
vs lies, to allow the priviledge of Rent threwout the 
whole Colonic, and propagate that countrie proverbe in 
Providence Plantations, " The Father to the Bough and 
y*" Son to the Plow," he having first defrayed the charges 
about the delinquent. 

Ptcbellion. 

It is agreed and enacted by this present Assemblie, that 
no inferiour shall rise up or rebell against his saperiour, 
especially such to whom he more directlie owes Mth, 
dutie, and ready obedience ; it being altogether unsuita- 
ble to civill order, which by the authoritie of our Charter 
we purpose to propagate ; wherefore, we doe declare that 
we counte it a kind of Rebellion for a servant to threat, 
assault, or strike his master ; and the penaltie for a 
threat or assault shall be, to be bound to his good beha- 
viour ; for striking, especially if it be malitiouslie, to be 
sent to the House of Correction, there to remaine for six 
months, or to satisfie his master. It is allso Rebellion 
for a child to threat, assault, or strike his Parents, and his 
Penaltie shall be, to be sent to the House of Correction, 
there to remaine a twelve-month, or to humble himself to 



AND PROVIDENCE PLANTATIONS. 163 

his parents' satisfaction. It is allso Rebellion to threat, 1647. 
assault or strike a Judge of Record ; and the penaltie to ^-— v-*^ 
be bound to his good behaviour, and further fined by his 
Peers. It is also a kind of Rebellion to withstand an ar- 
rest, and the execution of Judgment ; the penaltie to be 
bound to his good behaviour, and to be judged l)y his 
Peers. 

Misbehaviour. 

It is agreed by this present Assemblie, and by this act 
declared, that for any man to use words of contempt 
against a chief ofiicer, especially in the execution of his 
of&ce, is against good manners, and misbehaviour ; and 
his penaltie shall be, to be bound to appeare at the next 
Court, where such matters are to be Tryed : where, being 
lawfully convict by his Peers, he shall be bound to his 
good behaviour, so to remaine for three months space, or 
till the next Court following. 

Touching of Murther, and first of Self-Murder. 

Self-murther is by all agreed, to be the most unnatur- 
all, and" it is by this present Assemblie declared to be that, 
wherein he that doth it, kills himselfe out of a premeditated 
hatred against his own life, or other humour. His death 
being presented and thus found upon record by the Coro- 
ner, his goods and Chattells are the King's Custome, butt 
not his debts nor Lands ; butt in case he be an infant, a 
lunaticke, madd, or distracted man, he forfeits nothing. 
See Dalton, 96. 

Murther. 

It is agreed vnanimouslie, to forbid Murther threwout 
y^ whole Colonic, and do hereby declare that Murder is, 
when a Man, upon malice pretended, precedent and with 



164 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. his will, doth kill another felonioiislie ; that is, with a 
'-''^^'^'*-' premeditated and malitious mind. And for a man to kill 
an Officer, or any of his aide, in the execution of his Of- 
fice, shall be also adjudged Murther : and so for a Thiefe 
to kill a true man, shall be judged Murder ; all that are 
present ayding and abetting are principalis, though they 
give never a stroke. 4 Hen. vii. 18 ; 13 Hen. vii. 10. 

Penaltie that we are subjected to, is Felonie of death, 
without Remedie ; under which is contayned loss of life 
for life, loss of Goods, Chattells, and Lands to the King 
for a yeare and a day, and ever after to the Lord of the 
Fee ; the last of which losses is in this Colonic remitted, 
the Charges which the delinquent have put the Colonic to 
being first duly satisfied ; butt the law for the Penaltie 
thereof, shall not extend to an Infant or distracted person. 
23 Hen. viii., 1 ; 26 Hen. viii., 12. 

Manslaughter. 

Penaltie. Manslaughter is forbidden by this pressent Assemblie, 
and we do further declare, that it is the killing a man 
feloniouslie, to witt : with a Man's will, though without 
any malice forethought. The Penaltie is felonie of death, 
for which, by divers Lawes of England, no charter of par- 
don shall be granted ; yet this Law extends not to a nat- 
ural foole that hath not knowledge of good or evill ; nor 
a felonious intent ; for it is called Felonie, because it is 
done with a [felonious] intent ; neither doth it concerne a 
madd man, who is a man, as it were, without a mind ; for 
the saying is : an act makes not a man herein guiltie, un- 
less the mind be guiltie ; for Homicide, or the slaughter 
of a Man is commanded, as when a man is putt to death 
by an officer appointed thereto ; he being first attainted 
by dew course of Law, and sentenced by a lawfull Judge ; 
and this is rather called Judgment, which is the true 
execution of Justice ; but if any Officer or other, proceed 
without warrant, or not observing the due order of Law, 



AND PROVIDENCE PLANTATIONS. ID 

this is Felonie. Homicide is also tolerated by the Lawes 1G47. 
of England, for the necessary execution of Justice, which, ^-*^v-«* 
otherwise, must be left undone, as in the arrest of a 
Felon, and in an escape in case he will not yield him- 
selfe ; butt in an arrest for Trespass or debt, it must be 
indubitably necessary, or it shall not excuse. Homicide 
is also tolerated in necessary defence of a Man's selfe, 
goods, &c.; as when a man attempts feloniously to mur- 
der, or robb a man in his dwelling house, or neare any 
highway, horseway, or footway, or shall attempt Burgla- 
rie in the night, this is, according to the Lawes of the 
Land, justifiable in Masters, Servants, or any that do ac- 
companie him, for w^hich he forfeits nothing. But it is 
otherwise in killing a true man in the defence of his house, 
goods or Lands, for that is manslaughter. See Dalton. 
And in defence of a Man's person against a true man, 
there must be so great a necessity, that it must be es- 
teemed inevitable, or it shall not excuse, but shall be 
judged Felonie, although the other pursue, and, there- 
fore, a man being pursued by a true man must flee as farr 
as he can, till he be letted by wall, ditch, hedge, or oth- 
erwise, and yett his goods and chattels are the King's 
Customes. 2 Edw. iii. 2 ; 4 Edw- iii. 13 ; Doctor and 
Student, fol. 133 ; 28 Hen. viii. 5 ; Dalton 6: 98. 

Misadventure. 

It is agreed, and by the authoritie of this present As-Misadvcn- 
semblie enacted, that in case any man come to a suddaine ""^^ 
or untimelie death, it shall be by Officers appointed there- 
to, diligentlie enquired after and searched into, that so if 
there be iniquitie in the hands of any touching the matter, 
it may be found out and justice rewarded. And we do 
further declare, that this is Misadventure, when a man do- 
ing a lawfull thing, without any evill intent, happen to 
kill a man casualie, as that instance in the Hatchett men- 
tioned by that Honorable Judge of Israel setts forth in 



166 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. the 19th of his 5th booke ; the first penaltie, his goods 
^-^"^'^^^ hath been the King's Ciistome, because a man is slaine by 
Pardon ^^^^ mcanes, but putting hiniselfe vpon Tiyall he shall have 
a pardon of course from the Chief Judge of the Colonic, 
under the Seale of the Colonic, for Life and Lands. The 
like shall be done in Homicide by Infants, and in a man's 
own defence. 2 Edw. iii. 2 ; 21 Edw. iii. 5. 

Casual Death. 

Forasmuch as a man may be slaine by other casualties 
than by the hand of another man, as by the fall of a house, 
pit, or tree, or be killed by a Bull, or other Beast, we do 
agree, and by this act declare, that if in any of these 
cases, his death be procured by the default of another, it 
shall be judged Felonie in him. And further, we do de- 
clare, that in case his death by these meanes be otherwise 
found by the Inquest, vpon the Coroner's inquirie, the 
thing that occasioned his death, shall be prized, and shall 
be levied by the Sheriff or Sarjent, and taken as the Deo- 
dands are in England, and given to the Overseers for the 
use of the poore. 4 Edw. 1. 

Cutting out the Tongue, or putting out the Eyes, wee 
declare does deserve the paine of Felonie. See 5 Henry 
iv. 5. 

Witchcraft. 

"Witchcraft is forbidden by this present Assembly to be 

Witchcraft. i • .i • ri i • 

used m this Oolonie ; and the Penaltie imposed by the au- 
thoritie that we are subjected to, is Felonie of Death. 1 
Jac. 12. 

Burfflarie. 



irglaiie. 



Burglarie. It is agreed by this present Assembly, to 
forbid it threwout the whole Colonic, and we do declare 



AND PROVIDENCE PLANTATIONS. 167 

hereby, that this shall be judged Burglarie, Scilicit : 1G47. 
When one or more in the night time do breake and enter ^-=^-^*^ 
into a Dwelling house with an intent to robb, or do any 
other Felonie, where a man, his Wife, Children, or Ser- 
vants are, be it while they are sleeping or waking, in the 
same roome or in another, the partie taking or doing some- 
thing or nothing. This is Felonie of Death, yet it ex- 
tends not to Infants vnder fourteen years old, nor to poore 
persons that steale for Hunger ; nor to fooles, nor to madd Larcenie. 
men, although in the two first we do declare 'tis Larcenie. 
5 Edw. vi. 9. 

Robberie. 

It is agreed by this present Assemblie, to forbid Rob-^°^''"'- 
berie, and we do declare it is a Felonious taking any thing 
from the person of a man against his Will by assault in or 
neare a highway or footwaye, afid in putting him in fear 
thereby. See 32 Hen. viii. 3 ; 1 Edw. vi. 12. It is 
Felonie of death without release. See 5 Edw. vi. 9. 
As for that Statute of 27 Eliz. 13, touching the hundreds 
bearing the loss, if the Robbers be not taken within forty 
days, in case any should plead relief thereby, we do agree 
and by this ordinance declare, that this does not suit the 
Constitution of our place, and therefore satisfaction shall 
not be expected from any, either Towne or Colonic, vn- 
less vpon notice given by the partie robbed, immediately 
vnto some officers of the Towne, there shall appeare a 
neglect in Towne or Colonic to pursue the robber by the 
Hue and Cry, that so he may be taken. 

Burning of Houses, &c. 

Burning of Houses is forbidden by this present Assem- Fe:onie. 
blie, threwout the whole Colonic, and by this present act 
we do declare, that the Penaltie for burning dwelling 
houses, or barnes having corne in them, willfully and 



168 RECORDS OF THE COLONY OF RHODE ISLAND. 

1647. malitiously, is determined to be felonie of death without 
'-*"~^''"*^^ remedy, by the authoritie to which we are subject ; nei- 

Frlonie. J ■> J ^ i i 

ther is the poore so offending mainpernable. 

Forcible Entry and Detainer. 

It is agreed by this present Assemblie, to forbid forcible 
entry and forcible Deteyner threwout the whole Colonie ; 
and further we do expressly declare, that by forcible en- 
try here intended, is when a Man enters into any Lands 
and Tenements with force of strong hand or multitude, 
and not in a peaceable and lawful! manner ; or enters in- 
to them peaceably and holds them forcibly, whether he 
hath right or title thereto or not. And further, we do de- 
clare, that the person thus offending, being (by an inquest 
of able men, worth to the full summ of fortie pounds 
a-peece) lawfully convict, he shall be imprisoned, and 
from thence ransomed by a fine to y^ King. And the 
partie grieved whose possession it is, may bring in his ac- 
tion of Trespass against him vpon the verdict given in, 
and shall recover his treble damages, 8 Hen. vi. 9, and 
treble costs. See Dalton ; and by a writ of restitution 
shall be restored unto his former Estate. Nevertheless, 
we do declare also, that this forcible entry intendeth not, 
neyther doth it extend to that force vsed in the adminis- 
tration of Justice ; for an Officer or conservator of the 
Peace may take the power of the Towne or Country to re- 
move forcible entry, repress riots, arrest them or send 
them to prison. They may hy force break open a man's 
house that is shutt against them, to arrest offenders being 
therein, for these cases following, namely : Treason, Felo- 
nie, Suspicion of Felonie in case of an affray in a house, 
or of forcible entry or deteyner ; and in all cases wherein 
the King and State are a partie or have interest in the 
business, but not in the execution of a process vpon the 
body or goods of any man at the suitt of any subject ; for 
a man's house is to himselfe, his family and goods, as a 



AND PROVIDENCE PLANTATIONS. 169 

castle. See 13 Edw. iv. 9. Nevertheless, when any 1647. 
house is recovered by any action real, then the Sheriff or'-*'"^'^*^ 
Sarjent may break open the house and deliver possession 
to the plaintiff ; for after judgment it is no more (in the 
sight and judgment of Law) the house of the defendant or 
tenant. Neyther doth this forcible Deteyner intend such 
as by force hold their possessions which at first they en- 
tered peaceably upon by a right and lawful! estate and title, 
and have eyther they or their ancestors peaceably possesst 
it for the space of three years together. 8 lien. vi. 9. 
Otherwayes, he may be sued upon that and this statute, 
though he has held it twentie years by force. See Dal- 
ton 1, 5 ; Rich. ii. 2, 7 ; 15 Rich. ii. 2. 

Rescous and Escapes. 

It is forbidden by this present Assemblie, and backt as 
the other Lawes, with the authoritie of our native Countrie. 
See 1 Hen. vii. 6 ; I Edw. iii. 17. Moreover, we do 
declare, that a Rescous is a Rescuing or taking away from 
an officer an offender, who is attainted, imprisoned, or but 
arrested for treason, felonie. Debt, or Tresspass ; and we 
judge it but reasonable that the penaltie of such an one breach of 
should be, to stand in his Roome and answer the Law. 3 
Edw. 1, 13. Escape by breaking of prison, if there for 
Felonie. 1 Edw. ii ; if for Tresspass, finable. See Dal- 
ton, fol. 105. And a Gailour, constable, or other officer g© at ia,rge. 
that hath arrested a man, and lets him goe at libertie, or 
out of his sight, so that he escapes, the blame shall wholly 
lie upon the officer, as a willful escape, and he shall an- 
swer for him, vnless he can take him againe. 9 Hen. 
iv. 12. 

Riotts, Routs and UnlawfuU Assemblies. 

It is agreed and ordered, by this present Assemblie, 
that no persons inhabiting in this Colonic, or cast within 



170 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. the verge or limitts thereof, by a Providence, committ any 
^^"^""^^ Riott, Rout, or make vp any vnhiwfull Assemblie, being 
most destructive to civill peace and order, and is with such 
vigilance v^ithstood and prevented in our native land, as 
these three Statutes especially will witness. 13 Hen. iv. 
What an un 7 - 2 Hcu. V. 8; 19 Heu. vii. 13. And to the end it 
semb'y is. ^^^^ appcarc vnto all what is intended here by Riotts, 
Routs, and vnlawfull Assemblies, we do by this present 
act declare, that when three persons or more shall come 
and assemble themselves together, to the intent to do any 
unlawful act with force or violence against the person of 
another, his possessions or goods, as to kill, beat, or hurt 
a man, to pull down a house, wall, or pale, ditch or 
hedge, wrongfully ; to enter upon another man's posses- 
sions, or to cut or take away corne, grass, wood, or other 
things wrongfully ; to meet, we say, for such an end, 
though they depart without doing anything, this shall be 
What is a J^^^g^*^^ an vnlawfull Assembly. And if, after this, they 
'""*• do set forward toward the execution of such an act. 
What a lict though they yett do nothing, this shall be judged a Rout. 
And in case they do no such thing in deed, to the mani- 
fest terror of the people, this is a Riott. 

Touching the Penal tie, we do declare this to be of the 
same nature of a forcible entrie, and therefore the Penal- 
tie and way of prosecution need not vary therefrom. This 
only is of a higher degree, and does more hazard the. peace 
of the place, and therefore do agree and determine, that 
each person for greater Riotts, being lawfully convicted, 
shall suffer one month's imprisonment and Tenn pounds 
ransome ; for Petti 3 Riotts, one fortnight's imprisonment 
and five pounds ransome. Such long times of imprison- 
ments mentioned in the Statute, 2 Hen. v. 8, suits not 
the constitution of our place. For a Rout, they shall be 
bound to their good behaviour. 



AND PROVIDENCE PLANTATIONS. 



Batterries, Assaults and Threats. 

It is agreed by this present Assemblie, to forbid and 
withstand the beginning of Evill, and of the breach of y* 
peace, such as Batterries, Assaults and Threats ; for 
threats to kill, beate or hurte another or his, beginneth 
the breach of peace. Assaults by offering to strike him,, 
although he hit him not, increaseth it ; and affraye, by 
beating of him, accomplisheth it. And we do by this 
present act declare, that they that transgress herein, vpon 
lawfull complaint and request of the partie grieved, shall 
be bound by Recognizance unto the peace with two suffi- 
cient sureties, and be imprisoned till he find sureties : and 
being bound, shall soe stand till the next court, where 
such matters are to be Tryed ; but in case he were bound 
to the peace before for these, he shall forfeit his Recogni- 
zance And yet we would be understood, that this is in- 
tended in respect of such to whom there is not allowed a 
naturaU or civill powre over others ; for a Father, Mas- 
ter, Schoolmaster, Keeper, may, with moderation correct 
those that are vnder them ; and the Constable, Sergeant,. 
Bayliff and their ayders, may strike, and yet there is no 
breach of peace nor of the cognizance. 

Moreover, we do hereby declare, that he that injureth 
another by strokes, the partie grieved may have his action 
of Batterie against him, and recover damages for loss of 
time, cost in healing, paine and debilitie of Body, by rea- 
son thereof ; and shall besides forfeit for the batterie to 
the State, for the hazarding thereof, as his peers shalL 
judge him. 35 Hen. viii. 12 ; 9 Edw. iv. 28 ; 19 Hen., 
vi. 31 ; 10 Edw. iv. 6. 

1^ 





RECORDS OF THE COLONY OF RHODE ISLAND. 



Accessories. 

And forasmuch as it is commonly seen that among the 
Trangressions of these Lawes before sett clowne, ther have 
been accessories as well as principalis ; and that, as well 
before as after the fact, that have countenanced and en- 
couraged offenders before by advice, councell, perswasion, 
command, procurement, or consent to committ Murder, Rob- 
berie. Rape, Burglarie, &c.; after, by a Felonious, and vol- 
untarie receiving, relieving comforting, ayding and assisting 
such persons known to be transgressors in that kind ; it is 
therefore agreed, and ordered by this present Assembly, that 
accessaries before the fact, if present when the fact is com- 
mitted, are all principalis, though they did nothing. See 
11 Hen. iv. ; if absent, yett are they all Felons, the Felo- 
nie being committed. And in matters that are not Felo- 
nie. such accessaries are rather more culpable than the 
principalis ; for the Rule is in our English Lawes, that 
the author offends more than the other. We do also 
agree, that accessaries after the offence, eyther before At- 
tainder (by verdict, confession or otherwise), or after, 
shall be severely fined ; which yet extends not to any, 
towards another while he is in prison, or under baile, nor 
to a Wife towards her husband. See Stamford, 26. 

Touching Whoremongers. 

First of Sodomie, which is forbidden by this present As- 
semblie threwout the whole Colonic, and by Sundry Stat- 
utes of England. 25 Hen. viii. 6 ; 5 Eliz. xvii. It is a 
vile affection, whereby men given up thereto, leave the 
natural use of woman, and burne in their lusts, one toward 
another ; and so men with men worke that which is vn- 
seemly, as that Doctor of the Gentiles in his letter to the 
Romans once spake, i. 27 ; The Penaltie concluded by 



AND PROVIDENCE PLANTATIONS. 17^ 

tliat State under whose authoritie we are, is Felonie of 1647. 
death, without remeclye. See 5 Eliz. 17. ^-*i-v-*^ 

•^ Felonie. 

Buggerie. 

Buggerie is forbiden by this present Assembly threwout 
the whole Colonie, and also strengthened by the same 
Statutes of England. It is a most filthy lying with a 
beast as with a woDian, and is abomination and confusion ; 
the just reward whereof prepared to our hands, is Felonie 
of death, without remedie. See 5 Eliz. 17. 

Rape. 

Rape is forbidden by this present Assembly threwout 
the whole Colonie ; and we do hereby declare, that it is 
when a man through his vile and unbridled affection, lyeth 
with, and forceth a woman against her will ; like hereun- 
to is the knowing of a maid carnally who is vnder y° age 
of Tenn yeares, though it be with her consent. The pen- 
altie we do declare to be Felonie of death. See, for con- 
firmation, 13 Edw. i. 34 ; and if the Woman consent af- 
ter, she loseth her dowre of Lands. See 6 Rich. ii. 6. 
And so doth a married wife that elopeth with her adven- 
turer. 13 Edw. i. 34. 

Adulterie and Fornication. 

Is forbidden by this present Assembliy threwout the 
Colonie, with this memento, that the Most High will 
judge them. 13 Hen. iv. Adultery is declared to be a 
vile affection, whereby men do turn aside from y*" naturall 
use of their own wives, and do burn in their lusts towards 
strange flesh ; and we do agree, that what penaltie the 
Wisdome of the State of England have or shall appoint 
touching these transgressions, the accessaries and effects 
shall stand in force threwout the whole Colonie. 




Psttie Lar- 
cente. 



RECORDS OF THE COLONY OF RHODE ISLANDy 



Touching Menstealers. 

It is agreed, and by this present Assembly enacted, that 
the taking away, deflooring or contracting in marriage a 
maid under sixteen yeares of age, against the will of, or 
vnknown to the Father or Mother of the Maid, is a kind 
of stealing of h«r ; and that the penaltie shall be eyther 
five years' imprisonment or satisfaction of her parents. 4 
Will, and Mary, 8. 

Larcenie. 

Larcenie is forbidden by this present Assemblie threwout 
the whole Colonie, as most destructive to the Estates of 
True Men. It is a fraudulent and felonious taking away 
another man's personall goods, in the absence of the 
owner, or without his knowledge, or in sight, yett without 
making any assault vpon his person or putting him into a 
fease. And it is agreed and ordered by this present As- 
semblie, that he that committs Pettie Larcenie (which is 
wherein the thing stolen exceeds not the value of twelve 
pence), shall,, for the first time, being lawfully convict, 
be well whipt ; for the second time, he shall have two 
months' imprisonment in the house of correction, and 
twice whipt. And he that committeth Grand Larcenie 
(which is where the thing stolen exceeds the value of 
twelve pence), for the first time, being lawfully convict, 
shall be severely whipt, and shall serve in the house of 
correction vntill the partie or owner bee satisfied twofold 
for what he hath stolen ; and for the second time he shall 
be branded in the hand, and serve in the house of correc- 
tion untill the partie be satisfied twofold for what he hath 
stolen, and the Colonie four fold so much ; and moreover,, 
we do declare, that a thief's goods and chattells have 
been still accounted the King's Custome. 



Purse. 



AND PROVIDENCE PLANTATIONS. 175 

It is also agreed, and ordered by this present Assem- 1647. 
blie, that he that taketh away a purse, or any other thing' 
from the person of a man secretly or fraudulentlie, shall 
he judged as he that committeth the Larcenie. 

It is also agreed, that if any Officer take away ought 
from any man fradulentlie, vnder the pretence of his of- ^^^^^ 
fice, his penaltie shall be that of Grand Larcenie, the sec- 
ond time committed ; and for the abuse of his ofi&ce he 
shall be disabled from bearing office any more vntill the 
Colonic release him. 

It is agreed and ordered, by this present Assemblie, 
that if any shall distreyne or levie any dutie by sufficient J^^<'^»^;*^^^\^ 
authoritie, and after shall convert it to his own vse, his u^'st^'ye^^n- 
punishment shall be the same with the former. 



altie. 



Trespasses by Man or Beast. 

It is agreed, by the present Assembly, out of a desire 
to seek every man's peace and wellfare, to prohibitte 
wrongs and trespasses to be done by one to another threw- 
out the whole Colonic ; and we do declare, that whoso- 
ever does the wrong, the partie grieved shall receive for 
his wrong without any respect of persons. 43 Eliz. 
vii. 4. 

Now, forasmuch as Trespasses are eyther with or 
against a man's will committed, with his will, and 
in the first place malitiously, it is agreed, and by this 
present Assemblie enacted, that he that shall malitious ce'i^«. 
ly and unlawfully burne or spoile a frame prepared 
for building shall suffer the penaltie of Grand Lar- 
cenie. 

It is also agreed, that he that shall malitiously and vn- 
lawfully burne or spoile a cart-heap of wood prepared for 
coals, or otherwise ; cutt out the tongue of a beaste being 
alive, cutt off the eares of a man, bark fruit trees, or pro- 
cure the same to be done, being lawfully convict, as in 
Larcenie, he shall pay to the partie agrieved his costs and 



176 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1647. treble dammages, and forfeit to the King tenn pounds. 
-^'■^"''""*^ 34 Hen. viii. 6. 

It is also agreed, that every Lewd person that shall cut 
or take away any corne growing, or robb any orchards or 
gardens, or break or cutt any Hedge, Paile, Raile or Fence; 
or dig, pull up, or take away any fruit trees, or shall cutt 
or spoile any woods, poles or trees standing ; being things 
which the lawyers call Reall, and so not Felonie, being 
thereof lawfully convict, as in Larcenie, shall pay to the 
partie grieved his costs and double damages. See 4S 
Eliz. 7. Or in case he be not able, he shall serve in the 
house of correction vntill he hath satisfied. The same 
penaltie doth he deserve that putts his beasts or other into 
another man's field. 

For other Trespasses, eyther ignorantly done by the 
person himselfe or by his cattle, and also differences that 
fall in between man and man, it is agreed and ordered, by 
this present Assembly, that they shall be judged by their 
Peers ; and he that hath the wrong, shall satisfie for it, 
according to the verdict given in vpon evidence. 



Fraudulent Dealing. 

Fraudulent dealing is forbidden throwout the whole 

Colonie, and it is ordered by this present Assemblie, that 

he that is overreached by a deceitfull Bargaine may have 

his action upon the case and recover his damages. 

Bargams to Morcovcr, it is agreed and ordered by this present As- 

t'°8. sembly, for y'' preventing of needless suitts at Law, and 

excessive Travaile and expenses therein that all those that 

make bargaines, covenants, agreements, and compacts, one 

with another, especially if they be of any great amount ; 

that they draw them up, or procure them to be drawn up 

in writing, and expressed in as few words, and as plaine 

formes, and as easie to be understood as may be ; with the 

Servant, covonantors' names interchangeably putt to each writing, 

Ap rentice ^"^ ^^^ hands of two wituesscs to be subjoyned. 



AND PROVIDENCE PLANTATIONS. 177 

Moreover, we do declare, whosoever from henceforth 1644. 
takes au apprentice for certaine yeares, or a servant for ^--»^'^*^ 
one yeare, or half a yeare, and do not express the termes 
vpon which they stand thus mutually related each to other 
in writing, as is beforesaid ; or does not come, in both of 
them to a Towne Meeting, and enter the termes into the 
Kecorder's or Towne Clarke's Booke ; that then such cove- 
nants, bargaines, or agreements shall be void and of no 
force or value. 

It is further agreed, and by the authoritie of this pre- 
sent Assemblie established, that all Fraudulent, Deceitfull 
and Fained Deeds, Bonds and Gifts made by Debtors to 
avoid their Creditors throwout the whole Colonic, shall be 
void. See 2 Rich. ii. 3. And the parties to such fraudu- 
lent Deeds, not made in good faith and vpon good conside- 
ration, shall forfeit one yeare's rent of the Lands and 
Tenements ; the whole value of the Goods and Chattells;, 
and so much money as shall be conteyned in the Bond, 
the one moytie wherof is the King's Custome, the other 
goes to the party grieved. See 23 Eliz. 5. 

And for the preventing of many evils that may follow 
vpon bargaines, sales and conveyances of Lands, Tene- Tho order 
ments, and Hereditaments which we judge may with and saw*^^ 
more ease to all be prevented, there being committed 
fairely and fully removed ; Be it enacted by the authori- 
tie of this present Assembly, that from henceforth no 
Lands, Tenements, or other Hereditaments, shall pass, 
alter or change from one to another, whereby any state of 
inheritance or Freehold shall be made or take effect in 
any person or persons, or any vse thereof to be made by 
reason only of any bargaine and sale thereof, except the 
same bargaine and sale be made by writing, indented, 
sealed and enrolled in a Meeting of the Towne, where 
such Lands, or Tenements soe bargained and sold doth 
lye, before the Townes Men or Councill of y*" Towne, and 
the same enrollment to be made and had within six weekes 
next after the date of the same writings indented ; and 



178 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. for the enrollment of every such writing indented, where 
■^^-^^-"^^ the lands comprised in the same writing exceeds not the 
value of Five pounds, shall by him that makes the pur- 
chase, pay two shillings, and sixpence ; one shilling 
whereof shall go to the Towne Treasury, another to the 
Towne Clarke, and the sixpence to the General Recorder 
for keeping a Coppie thereof; but in case it exceeds the 
value of five pounds, then shall it be paid by the purchaser 
five shillings ; two shillings whereof shall be to the Trea- 
sury ; two shillings to the Towne Gierke, twelve pence to 
the General Recorder : And the Towne Clark being for 
that time, shall sufficiently enroll and engross the same 
deed and writing indented as aforesaid, and a Coppie of 
the Rolls thereof, he shall at the end of the yeare deliver 
unto the General Recorder for the Colony, there to re- 
maine in his custody among other Records of the same 
Towne, (which in process of time by reason of its villages 
will be as a Countrie) to the end that every person that 
hath to doe therewith, may thither resort and see the effect 
and tenour of every such writing so enrolled. 27 Hen. 
viii. 16. 

Conspirators. 

Forasmuch as there are other Fraudulent dealings, by 
which men of Evill and corrupt minds, and impudent, 
bold faces, do attempt, and that before the judgment seat, 
and vnder a pretence of pleading for justice, to robb true 
men of their right, and such are they that in our native 
Countrie are called Conspirators, Champerters, Embracers 
and Common Barretters. 

Be it enacted by this present Assembly, to forbid such 
fraudulent dealings and evill courses throwout the whole 
Colonic ; and we do declare, according to the Lawes of our 
native Land, that conspirators are such as do confederate 
and bind themselves by oath, covenant, or other alliance, 
that every of them shall aide and beare the other falsely 



AND PROVIDENCE PLANTATIONS. 



179 



and maliciously to endite, or falsely to move and main- 1647. 
teyne pleas ; and such as cause Children within age to ^-^^-^*- 
appeale men of Felonie or otherwise, whereby they are 
impoverished and sore grieved ; and such as reteyne men 
to mainteyn their malicious enterprizes, Avhich extend- 
eth, as well to the takers, as to the givers ; and lastly, 
such as do vndertake to beare, and think by their power to 
mainteyne quarrells, pleas, and debates that concerne 
other parties and not themselves. 

Champertors. 

Champertors be such as move pleas and suits, or 
cause them to be moved, eyther by their own procure- 
ment, or by others, and sue them at their proper costs, 
and for maintenance have that of Land in variance, or the 
gains. 

It is provided, therefore, by a common accord, that all 
such as from henceforth shall be attainted of such empris- 
es, suits or bargaines, and such as consent thereunto, shall 
suffer one yeare's imprisonment, and make fine to the 
King ; the like penaltie shall Conspirators susteyne, and 
the partie grieved shall be, notwithstanding, righted by an 
action upon the case brought in against him. 

It is provided, by common consent, that in case any of 
the inquest take a reward by eyther partie to give his ver- ^^^^^^^ 
diet, he shall forfeit ten times as much as he tooke ; the^^S"" 
one halfe whereof is the King's Custome, the other shall 
goe to him that does sue for it. And all the embracers to 
bring or procure such inquests to take gaine or profitt, 
shall be punished in the same manner and forme as the 
inquest wa,s. And if the delinquent of the inquest or 
Embracer have not wherewith to satisfie the forfeiture, 
then they shall be imprisoned one yeare in the House of 
Correction. See 38 Edw. iii. 12. 




Bures. 



KECORDS OF THE COLONY OF RHODE ISLAND, 



Forging or Rasing Records, Writts, &c. 

Forging, and also Rasing, Embezelling or taking away 
any Record or parcell of the same, writts, returne, process 
of Attorney, in the Records of Record, by reason whereof 
any Judgment shall be reversed ; also forging of Deeds, 
obligations, acquittances, and records, are by common con- 
sent, forbidden throwout the whole Colonic ; and the par- 
tie that shall so doe, together with their Councellors, 
Procurers and Abettors, shall be imprisoned and griev- 
ously fined, and satisfie the partie ; and so shall they also 
be punished that are guiltie of false entering of pleas, 
rasing of rolls, and change of Verdic ts by which ensueth 
disherision of any of the parties. 
Weights Fraudulent dealing by false Measures and Weights, is 

by common consent and accord, forbidden by this Assem- 
blie throwout this whole Colonic ; and for the preventing 
of it, it is agreed, that the measure shall be one, and the 
weight one throwout the whole Colonie ; and that every 
Towne shall have a common Ballance and Weights, and a 
common Measure, that every person may measure and 
weigh thereat. See 9 Hen. iii. 26 ; and that every 
Towne be carefull in the observance thereof. Further- 
more, it is agreed, that whosoever shall use false Vf eights 
or Measures, which are not according to the standard, 
shall forfeit to the Towne for the first time six shillings 
and eight pence ; for the second, thirteen shillings and 
foure pence ; and for the third, twentie shillings ; and for 
example to others, shall be sett vpon the Pillory in some 
open place. See 1 Hen, vii. 4 ; 12 Hen. vii. 5. 

Debts, &c. 

It is agreed, and ordered, by this present Assembly, 
that Debts may be recovered by action of debt ; and then 



AND PROVIDENCE PLANTATIONS. 



181 



if the debtor hath wherewith to discharge it, then shall 1647. 
his Goods, Lands, or Debts be seized vpon for the pay- ^-^^^^^ 
ment thereof ; if he have not, then shall the two chief or 
head officers of the Towne, being assisted with foure able 
Townsmen, or of the Common Councill of the Towne ap- 
pointed thereto, sett such a course between Creditor and 
Debtor for the paying and receiving thereof, as the 
Court of Requests or Conscience in the City of London 
granted by Parliament, 3 Jac. xv. ; but he shall not be 
sent to prison, there to lye languishing to no man's ad- 
vantage, vnless he refuse to appeare or stand to their 
order. 

Accessaries. 

Accessaries before theft, or wilfull and malicious Tres- 
passes and Fraudulent dealings, we judge rather worse 
than the principalis, and the old true Proverbe is, the re- 
ceiver is as bad as the Thief. 

Touching Liars and Perjured Persons. 

Forasmuch as the consciences of sundry men, truly con 
scienable, may scruple the giving or taking of an oath, 
and it would be noways suitable to the nature and consti- 
tution of our place (who professeth ourselves to be men of 
different consciences, and not one willing to force another) 
to Debar such as cannot do so, eyther from bearing office 
amongst vs, or from giving in testimony in a case de- 
pending. 

Be it enacted by the authority of this present Assembly, 
that a solemn profession or Testimony in a Court of Record, 
or before a Judge of Record, shall be accounted, throwout 
the whole Colonic of as full force as an oath ; and because 
many, in giving engagement or testimony, are usually more 
over awed with the Penaltie which is known, than with the 



182 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1647. most High, who is little known in the Kingdoms of 

-^'"^''**^ men. 

It is, therefore, further agreed and ordered, that he 
that falsifieth such a solemn profession or testimony, shall 
be accounted among vs as a perjured person, and his pen- 
altie shall be that, looke what detriment is or might be 
brought vpon others by falsifying his engagement or testi- 
mony, the same shall fall upon himself. He shall also 
forfeit five pounds, and be disenabled eyther to beare of- 
fice, or to give in Testimony in any Court of Record, vn- 
till the Colonie release him ; and this forfeiture and det- 
riment, (the partie being lawfully convicted,) shall be, one 
halfe to the King's Custome, and the other shall go to the 
partie grieved that sues for it, by action of debt or bill : 
but in case the partie be not worth so much, then shall 
he be imprisoned in the House of Correction tiU it be 
wrought out, or else sett in the Pillory in some open 
place, and have his Eares nayled thereto ; and then may 
the partie grieved receive his dammages ; and the pro- 
curer shall have the like penaltie. See 5 Eliz. 9. 

Breach of Covenant. 

Breach of Covenant is by this present Assembly, for- 
bidden throwout the whole Colonie. 

It is also enacted, and agreed, that they that perform 
not their Covenants made eyther by word or writing, (ex- 
cepting those before excepted,) shall be liable to satisfie 
what the other can prove he is damnified by reason of the 
non-performance thereof, which he may recover upon an 
action of the case. 

And be it further enacted, that no person retayning a 

servant, shall putt their servant away, nor no person re- 

tayned shall depart from their master, mistress or dame, 

?vant, untill the end of the term covenanted for, vnless it be for 

some reasonable and sufficient cause, witnessed before and 



AND PROVIDENCE PLANTATIONS. 183 

allowed by the Head Officer or Officers of the Towne, and 1647. 
three or foure able and discreet men of the Common Coun- ^-''-^'-*-' 
cill or Towne appointed thereto, vnder their hands in writ- 
ing, for the discharge eyther of Master or Servant. 

And be it enacted further, that that Master, Mistress or 
Dame, that putts away their servant without sufficient 
cause, and so allowed with such a discharge, shall forfeit 
the sum of forty shillings ; and if any servant departe 
from his or her Master, Mistress or Dame's service before 
the end of tne Terme covenanted for, vnless it be for some 
sufficient cause allowed of as before, or not serve accord- 
ing to the Tenure of the promise or covenant, vpon com- 
plaint vnto the Head Officers of the Towne and their 
associates, the matter being fully proved, he shall be com- 
mitted to Ward without Baile or Mainprize, vntill by 
sufficient sureties he be bound to his Master, Mistress or 
Dame, to perform the engaf]rement. Detainiusr 

' ^ ° ° Sorrants. 

Be it also enacted, by the authoritie abovesaid, that he 
that shall retaine a Servant not lawfully dismissed and 
sett at liberty from his Master, shall forfeit for every such 
offence five pounds, which the Master may recover by an 
action of Debt. See 5 Eliz. 4. 

Artificer or Laborer. 

Be it also enacted by the authority abovesaid, that 
every Artificer or Laborer that is lawfully retayned, in 
and for the building or repairing of any House, Shop, 
Mill, or any other piece of worke taken in great, in 
bulke, or in gross ; or shall hereafter take vpon him to 
make or finish any such worke, shall continue and not de- 
parte from the same, (vnless it be for the not paying his 
wages as here agreed on, or otherwise be lawfully taken 
off and appointed to serve the Colonie, or by leave and 
license from the Master, Overseer, or owner of the work,) 
untill it be finished according to the agreement, vpon 
paine of the forfeiture of five pounds to the party from 



184 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. whom he shall depart, who may recover it by an action of 
■•"•^"•'^*^ debt, and other ordinary costs and damages besides, in the 
Courts where such matters are to be tryed. 

Slaunder. 



Forasmuch as a good name is better than precious oint- 
ment, and Slaunderers are worser than dead flies to cor- 
rupt and alter the savour thereof, it is agreed, by this 
present Assembly, to prohibitt the raysing and spreading 
of false reports, Slaunderers and Libells throwout the 
whole Colonic ; and we further declare that the partie 
offended or grieved by such False reports, Slaunders, and 
Libells as hereafter foUoweth, may bring his action of 
slaunder against the reporter and speaker thereof, in case 
vpon demand he reveale not the author ; but if revealed, 
then against the Author, and shall recover sufficient dam- 
ages. The cases actionable are these ; For a man to say 
eyther by word or writing, and yet not able to prove it, 
that another is a Tray tor, a Fellon, a Thiefe, a Cutt-purse, 
or hath stolen something ; a perjured person, or hath for- 
sworn himselfe in any man's case ; a Bankrupt, a Cheater, 
or one that lives by cheating ; to call and be not able to 
prove it, an unmarried Woman a whore ; a young man 
unmarried, awhoremaster ; to say a young mankeepetha 
House of Bawdery ; or that a Tradesman maketh nothing 
but bad wares ; or that a Merchant or Shop-keeper hath 
nothing but rotten, bad and vnsound wares in his house or 
shopp, or to speak any thing in the disparagement of a 
Man's goods that he putts to sale whereby he may be 
damnified. 



Words 

•actionable. 



Poore. 



It is agreed and ordered, by this present Assembly, 
that each Towne shall provide carefully for the reliefe of 
the poore, to maintayne the impotent, and to employ 



AND PROVIDENCE PLANTATIONS. 185 

the able, and shall appomt an overseer for the same pur- 1647. 
pose. See 43 Eliz. 2. ^^-v-^' 

Scoulds. 

It is ordered, Common Scoulds shall he punished with 
the Ducking vStoole. 

Ale Houses. 

It is ordered, by the authority of this present Assem- 
bly, that no Taverne, Alehouse or Victualling House, 
shall be kept throwout the whole Colonie without Licence 
or Allowance ; and whosoever shall keep Taverne or Ale- 
house, or Victualling house without licence, shall forfeit 
twenty shillings, which shall be levied to the vse of the 
poore, and shall by the head officer of the Towne be forth- 
with discharged. vSee 3 Car. 3. 

Licenses. 

Be it also enacted by the authority of this present As- 
sembly, that each Towne shall have power to allow Tav- 
ernes. Alehouses, and Victualling houses within its own 
precincts ; and the Head officer of the Towne shall binde 
by Recognizance every such Taverne, Alehouse keeper 
and Victualler so allowed, with two such sufficient sureties 
to keep good order in his house, and not to vse such games 
as are judged by the Lawes of England to be vnlawfull 
in such Common houses, as Carding, Dicing, Slide, 
Groat, &c., and not to suffer any Townsmen to remeine 
tipling therein for vme hours space, vnder the penaltie of 
ten shillings for every such default, vpon the view of the 
head officers, or vpon the information of sufficient wit- 
nesses vpon their solemn testimony, or by his owne con- 
fession ; And every Townsman so taken, shall forfeit for 
every time, three shillings and four pence ; which forfeit- 



186 KECORDS OF THE COLONY OF RHODE ISLAND, 

1647. ures shall be taken by distreint and given to the overseer 
■*"^"^''^'' for the use of the Poore. 



Drunkenness. 

Drunkenness is forbidden throwout this whole Colonie ; 
and it is further agreed, that the head officer of each 
Towne, or any other Magistrate shall have powre upon his 
owne view, confession of the partie or proof vpon one wit- 
ness his Testimony, to convict a person of drunkenness, 
who shall be by him enjoyned to pay five shillings, for 
that fact into the hands of the overseer for the vse of the 
poore, within one week after the same conviction ; and in 
case the partie refuse so to do or be not able ; then shall 
he be sett in the Stocks, and there remaine for the space 
of six houres ; and for the second offence, being convicted 
as aforesaid, he shall forfeit ten shillings, to be paid as 
before ; and shall be bound by the head officer or magis- 
trate before whom he is convicted, to his good behaviour, 
with two sufficient sureties in the summ of ten pounds. 
21 Jac. 7. 

Archerie. 

Forasmuch, as we are cast among the Archers, and 
know not how soone we may be deprived of Powder and 
Shott, without which our guns will advantage vs nothing ; 
to the end also that we may come to outshoot these na- 
tives in their owne bow ; Be it enacted by the authoritie 
of this present Assembly, that that statute touching Arch- 
erie, shall be revived and propagated throwout the whole 
Colonie ; and that every person from the age of seventeen 
yeares, to the age of seventy, that is not lame, debilitated 
in his body, or otherwise exempted by the Colonie, shall 
have a Bow and four arrowes, and shall vse and exercise 
shooting ; and every Father having Children, shall pro- 
vide for every man-child from the age of seven years, till 



AND PROVIDENCE PLANTATIONS. 187 

he come to seventeen yeares, a Bow and two Arrowes or 1647. 
shafts, to induce them, and to bring them up to shooting ; ^-'•■'^'-«*-^ 
and every sonn, servant, or master, thus appointed and 
ordered to have a Bow and Arrowes, that shall be remiss 
and negligent in the observance hereof, and shall be found 
to lack a bow and so many arrowes for the space of a 
month together after the last of the fourth month, com- 
monly called June, shall forfeit three shillings and four 
pence ; the father shall pay for the son, the master for the 
servant, and deduct it out of his wages. 

It is also ordered, that each Towne shall have a pair of 
Butts before the last of the fourth Month, vnder the pen- 
altie of ten shillings. 

Marriage. 

It is agreed, and ordered by this present Assemblie, for 
the preventing of many evills and mischiefs that may fol- 
low thereon, that no contract or agreement between a- 
Man and a Woman to owne each other as Man and Wife,, 
shall be owned from henceforth threwout the Whole Colonie 
as a lawful! marriage, nor their Children or Issue so com- 
ing together to be legitimate or lawfuUie begotten,, but 
such as are, in the first place, with the parents,, then or- 
derly published in two severall meetings^ of the Towns- 
men, and lastly confirmed before the head officer of the 
Towne, and entered into the Towne clerk's Booke. 
And that man that goes contrarie to this present Or- 
dinance established, shall forfeit five pounds to the parents 
of the Maid, and be bound to his good behaviour ; and all 
the accessories shaU' forfeit five pounds a man, halfe 
whereof shall go to the grieved parents and the other 
halfe to the Towne- 



la 



188 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. 

Probate of Wills. 

Forasmuch, as all ^len are free to dispose of their 
owne as they please ; Be it enacted by the present As- 
sembly, that all persons inhabiting in this Colonic, be by 
this present act, put in mind of their owne Mortality, 
and the distraction which they shall leave behind 
them, may bring to the ryghtfull heyres thereof, if not 
kindly prevented ; and that it is ordered, while they are 
in health and perfect memory to sett their houses in order, 
as if they were about to depart, and draw vp their wills 
in writing, how their Houses, Lands, Goods and Chattells 
shall be disposed of after their deaths, and do name an 
Executor or two to which they will committ the disposall 
thereoff, and so subscribe their names putt to their Scale, 
and cause two or three Witnesses to sett their hands for 
confirmation thereof. 

And be it further enacted, that the Executors vpon the 
death of the Testator, shall call in two honest neighbors, 
being his friends, or two honest persons, being the next of 
his kindred, and in their presence, and with their direc- 
tion, shall make and draw vp a true and perfect Inventory 
of all his Goods, Chattells, Wares, Marchandize, as well 
moveable as not moveable, and one draught thereof he 
shall deliver vp to the head ofl&cer of the Towne, to whom 
the probate or approbation of Wills shall belong, upon his 
solemn Testimonie, being of the nature of an Oath, that it 
is a good and true Inventory ; and he, together with the 
Witnesses, shall also deliver in the Will or Testament of 
the Testator, with the same solemn affirmation that it is the 
true, whole and last Testament of the same Testator freely 
made, and in his perfect Memorie. And this Testament 
being thus proved bfore the head officer, the Towne Clark 
shall transcribe or coppie out the Testament, putt wax 
into it, and then the head officer, by putting to it the 



AND TROVIDENCE PLANTATIONS. 189 

seale of his office, shall declare his approbation of it ; and 1647. 
so, having taken sufficient Bond of the Executor, to pay ^-^^v-*-^ 
the Testator's debts and faithfully to execute his Will and 
Testament, he shall give him power to administer. 

Moreover, be it enacted by present Assembly, that 
both the Will and the Inventory shall be brought in within 
one Moneth after the Testator's death, and that it shall be 
approved, and powre given to administer without delay ; 
and in case the goods be in danger to be embezzled, then 
may the nearest of his kin take the Town Clarke, and 
they together with the Executor, or without him, may 
make an Inventory, or at least take a note of the Goods 
and Chattels of the Testator's left behind him. 

And it is further ordered, that the Will and Inventory 
shall be kept among the Records by the Recorder, who 
shall eyther show or give a Coppy thereof to such as re- 
quire it, they satisfying him for his Labour and paines in 
so doing. 

And it is further agreed, that for the Probate of Wills 
and giving powre to administer, in case the testator's 
goods amount not to the sum of Five pounds, there shall 
be given but one shilling to the Towne Clerke. In case 
the goods be worth above Five pounds and under Fortie 
pounds, there shall be given three shillings and sixpence ; 
two shillings whereof shall be given to the head officer, 
and eighteen pence to the Towne Clarke ; and in case the 
goods be worth above Forty pounds clearly, then shall he 
pay five shillings ; two shillings and sixpence whereof shall 
go to the head officer, and tv^^o shillings and sixpence to 
the Towne Clarke. 

And be it further enacted, that in case a man dyeth in- 
testate, or the Executor pitched upon refuse to administer, 
then shall y*" head officer of the Towne, together with the 
Common Councill of the same Towne, appoint one of his 
nearest kinsman to take with him two other honest neigh- 
bors, and make and bring in a true Inventorie of his 
goods, which being brought in, they shall then make an 



190 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. equal and just distribution of his Estate among those to 
^'^^■^^'^ whom it does belong, the draught whereof being instead 
of the dead man's Will, together with the Inventorie, 
shall be left among the Kecords with the Eecorder, and a 
Coppy delivered into the hands of him whom they have 
chosen to be Executor, who shall have powre (being first 
bound) to administer according to the Tenure thereof. 

These are the Lawes that conceme all men, and these 
are the Penalties for the transgression thereof, which by 
common consent are Katified and Established throwout 
this whole Colonic ; and otherwise than thus what is 
herein forbidden, all men may walk as their consciences 
perswade them, every one in the name of his God. And 
lett the Saints of the Most High walk in this Colonic 
without Molestation in the name of Jehovah, their God 
for Ever and Ever, &c., &c. 




AND PROVIDENCE PLANTATIONS. 



Touching the Public Administration of 

Justice according to the Lawes agreed 

upon and established throwout the 

whole Colonic. 

Be it enacted by this present Assemblie, that for mat- 
ters of greater weight and moment, there shall be erected 
a Generall Court of Tryalls for the whole Colonic, andcourtsof 
Generall Officers for the Administration of Justice 
therein. 

The Court shall be held twice in the yeare, in case 
there be matters that are then and there to be Tryed, 
Sci : upon the next day after the dissolving of the Court 
of Election held in May, and the other upon the last 
Tewsday of the eighth moneth, commonly called Octo- 
ber, and these Courts to be held at ■ 

It is further agreed, that to these Colonic Courts of 
Tryall, shall appertaine the Tryall of such Crimes as may 
hazard Life, Limbe, Disfranchisement or Bannishment ; 
and such Trespasses, Debts, and differences (as by the 
Common Councill eyther of Towne or Townes shall b€ 
judged too weightie for a more private determining). 
Also, such matters of difference as fall out betweene 
Towne and Towne, or between parties dwelling in two 
Townes more remote, or in the case of an arrest of a 
man belonging to a neigbour Colonic, or, in cases of great 
importance ; also, attaints of Inquests, and Tryalls of 
perjuries, and finally all such matters as are not referred, 
by any charter or order, vnto any Towne apart, or to the 
Island, or two Townes joyntlie. 

Be it enacted further by the authority of this present General 
Assemblie, that the Generall Officers for the whole Colo- 
nic shall be these, Sci : One President, foure Assistants, 
in every Towne one, one General Recorder, one Publick 



192 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. Treasurer, and a General Sargent ; which Officers shall 
"-^^-^^^■^ be chosen eveiy yeare in the General Assembly, and tow- 
ards the latter end of that Session. They shall also be 
chosen after this mannar : for President, Recorder, Trea- 
surer and Serjant each Towne shall present one ; and he 
which the major part of the General Assembly pitcheth 
upon by paper, shall stand and be confirmed in his Office 
for that yeare ; and for Assistant, each Towne shall 
present two, and he which the vote by paper pitcheth 
upon, shall be the Assistant in that Towne. 

Be it further enacted, that the President and Assistants 
:mTSt- ^^^^1 ^^^'^ ^^^^ ^ Commission by which they shall be con- 
BervLtTs'of servators of the peace in the same Towne where they live 
and throwout the whole Colony. By this Commission, 
they shall keep the peace, and in case it be broke by 
threats, assaults, or afFrayes, eyther before any of them or 
Breach of ^P^^ lawfull complalut, he or they shall bind the parties 
Peace. ]3y recognizance with two sufficient sureties vnto the 
peace, and to appeare at that Court where such matters 
and^icquit- ^^® ^^ ^^ tryed, and soe to remaine, vntill by proclama- 
tion in open Court he shall be acquitted. 

In case the peace be broken by forcible entry, any of 
them, vpon complaint, may, together with the head officer 
of the Towne, goe to the place, and vpon their view shall 
remove the force, arrest and imprison the offender, there 
to remaine vntill the Court where such matters are to be 
tryed, when he shall be sentenced and fined by the judg- 
ment of his peers. 

In case of breach of peace by Riotts, Routs and unlaw- 
Rou'sUc ^^^11 Assemblies, any of them, by virtue of this Commis- 
sion, being alone by himself and present, may arrest them 
and cause them to find sureties for their good behaviour or 
send them to prison ; but being absent vpon notice given 
or complaint, the President and Assistants, or eyther of 
them, with the head officer of the Towne, shall go to the 
place, and if the parties be present, they shall arrest the 
offenders, remove the force, and bind them to their good 



tal, 



Fore b:« 
entry. 



AND PROVIDENCE PLANTATIONS. 193 

behaviour by sufficient sureties, and to appear at that 1647. 
Court where such matters are to be Tryed ; and if they ^T^^^""*"' 
find not sureties, to send them to prison, there to remaine 
till the Court [meet] ; and then being tryed by their 
peers they shall be sentenced and fined as the Law doth 
provide, out of which fines the charges of Officers, and 
triers, and the assistants and aydes shall be borne. 

But if the offisnders be gone, then shall the head Officer 
of the Towne be put in mind at the next Towne Court, to 
enquire by a sufficient inquest (worth in Goods and Chat- 
tells forty pounds at least) returned by the Towne, and 
the Riott being found, by inquisition, he or they shall make 
a Record in writing, and soe send out his or theyr process 
(Sci: a venire facias) against the ofi'ender, to cause him to^^^^^^^ 
come in to answer. And when he appeares, then shall he 
be committed to prison, and ransomed by the fines afore- 
said. But in case the Riott be great, in nature of an In- 
surrection and Rebellion, then shall all the chiefe officers 
in the Towne take with them the Sarjent and Constable, Great Biott 

orRebellion- 

and if need be the powre of the place, to remove the 
force, and shall send the Ringleaders or chiefs to prison, 
there to remaine vnto the Court where such matters are to 
be tryed ; and shall bind the rest over also by recogniz- 
ance, with two sufficient sureties vnto the peace, there and 
then also to appeare, where being lawfully convicted, 
they shall be fined as the Law hath determined. 

In case the breach of peace be by Felonie, or by sus- 
picion thereof, vpon complaint or request, any of them, ^°°'" 
(having taken of the party requesting his examination 
vpon the perill of perjurie, in case he prove false,) or at 
least bind him by recognizance to give in evidence against 
the offender (in case he be taken) at the next Gaile de- 
liverie,) shall grant out his warrant vnder scale of his of- 
fice unto the Sargent or Constable to arrest the offender, 
and bring him before himself or some other conservator of 
the peace, to answer such things as shall be objected to 
against him. 



194 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. When the offender appeares, before he committ him to 
'-*'"-^*^ prison, he shall, first, take the examination of the offend- 
er, but not vpon oath ; secondly, the examination and in- 
formation of those that bring him, and shall sett down the 
materiall passages touching y^ fact and circumstances 
thereof ; thirdly, he shall bind all by recognizance to ap- 
peare at the Court -where such matters are to be tryed, 
then and there to give in evidence against the offender, 
and the party grieved to prefer a bill of indictment against 
him ; fourthly, he shall make his mittimus and send the 
offender to Gaile, vnless he be bailable, and then shall he 
baile him ; fifthly, he shall certifie at the next Gaile de- 
livery to which the hearing of the matter belongs, such 
information, recognizance, and bailment, and for his fail- 
ing therein, he shall be fined, at the discretion of the 
Justices of the Goale delivery. 
Hue.& Cry. Auy of them, vpon just ground may send forth Hues 
and Cryes after the Felons, &c. ; and every person ought 
to be ready to arrest and apprehend them ; otherwise to 
raise hue and crye without cause, is to disturb the peace 
of the Colony, and he that so doeth, deserves to be bound 
to the peace. 

This shall be their powre touching the peace, both 
within the liberties of the Towne where they live, as also 
in the other Townes enjoying like Liberties, especially in 
case the particular head officers thereof neglect their Dutie 
therein ; but especially this shall be their care and dutie 
touching places that fall not in, within those Towne Lib- 
erties, and in such cases as appertaine to the Colonie 
Court of Tryall. See Edw. iii. 1. 

President's Commission. 

,, , . By a speciall commission, the President shall sitt as 

Chief Judge in the Colonie Courts of Tryall, to see that 



AND PROVIDENCE PLANTATIONS. 195 

order and course of Law appointed thereto be dulie ob- 1647. 
served, and the verdict being given in, he is to pronounce '-*'~^'"*^ 
the sentence. 

In case it be a matter of Felonie, to deliver vp to thereionie. 
Generall Sargent to the execution, or see it done and 
performed. 

In case it be a matter of Trespass, debt or any other Tresspaee. 
difference betweene Man and Man ; he is, together with 
the Assistants, to tax the costs and to send forth a Writ 
of Execution unto the Generall Sarjent, who shall send 
forth a Warrant to the Sarjent of that Towne where the 
party judged do live to do execution. He shall also send 
forth a writt to the Generall Sargant at least tenn dayes 
before, to give the whole Colonic notice, to the end they 
may prepare for the Generall Assemblie. 

Assistants. 

By a speciall commission, all the assistants, if not 
necessarily deteyned, shall sit with the President in y® 
Generall Courts of Tryall, and shall supply the roome of 
a Coroner in each Towne where they dwell. 

Touching the Generall Recorder. 

Be it enacted by this present Assemblie, that the Gen- 
erall Recorder's Ofi&ce shall be in the generall, to keep a 
Coppie of all the Records or Acts of the Generall Assem- 
blie, Generall and particular Courts of Judicature, Rolles 
of the Freemen of the Colonic, Records, Evidences, Sales 
and Bargaines of Land, Wills and Testaments of the Tes- 
tators, and orders of the Townsmen touching the Intes- 
tate, Records of the Limitts and Bounds of Townes, their 
Highways, Driftwayes, Commons and Fencings, Privi- 
ledges and Liberties. And forasmuch as matters of great- 
est concernement ought to be kept and preserved with the 
greatest vigilance : Be it enacted, that the Generall pur- 



196 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1647. chases, (which are all we can shew for our right to our 
'"-*'^'^*^ Lands, and the Charter which is that which gives vs) who 
are Subjects right to exercise authority one over another,) 
be kejDt in a strong chest, having foure severall Locks an- 
nexed thereto, and that each Towne keep a key thereof, 
that soe, as there is a common right and interest therein, 
there may be no access vnto them in a divided way, (lest 
also, they be divided,) but with a common consent. And 
let it be further enacted, that this chest be placed in the 
safest place of the Colonie ; and the Generall Recorder, 
also, shall have the key to the Roome in which it is 
placed. 

Be it also enacted, that he that is Generall Recorder, 
Pilce.° shall supply the roome of the Gierke of the peace or as- 
sizes, in the Generall Court of Tryall, as it is a Court of 
Assize or Goale delivery. And as Clark of assize, his of- 
fice shall be to receive examinations, information, recogni- 
zances and bailments, presented by the Officer who com- 
mitted the Felon to prison. He shall also receive the bill 
of indictments presented by him who was bound to prose- 
cute the prisoner ; he shall read the indictments and 
enroll the acts of the Court itself, the indictment, the 
process, the answer, the traverse itself, the verdict, the 
judgment thereupon, and the execution. And as this 
Court is a Court of Common Pleas, soe he shall supply 
the roome of the master of the office, and in that regard 
his office shall be, vpon the request of the plaintiff or his 
Attorney, (in matters that clearly appertaine vnto that 
Court,) to direct a Writ to the General Sargant to arrest 
the defendant, in such an action, of such a man, and to 
take baile for his appearance by such a day as the writ 
makes mention to be returnable ; and in case the General 
Sargant returne j" defendants Bond by the day appointed, 
then shall he enter into his appearance, and in case they 
proceed, his office shall be, to file such declarations and 
answers. But in case after a declaration is filed in ex- 
pectation of an answer, or to make his defence, and he 



Qenerl Offi 
cers to pcnd 
forth \\ ar- 



AND PROVIDENCE PLANTATIONS. 



197 



doth not, then the plaintiff taketh him by defiiult, which 1644. 
is called confessing the action ; and then the Recorders ^-"^^v-^*- 
oflQce shall be, to enter and record a nihil dicit (id est,) he 
saith nothing thereon, and so shall he send out a writ of 
enquiry of dammages vnto the Towne where the defend- 
ant lives. And the head officer of the Towne, at the 
next Towne Court, shall enquire of damages, and by a 
writ of destringes to the Sargant, shall cause the defend- 
ant for that purpose to come to the Court, and in case he 
appeare not, he shall forfeit the distraint, and the head 
officer of the Towne may distraine again and again. The 
matter being issued in the Towne, it shall be returned into 
the office, and the Recorder shall then enter the posiia 
retarne, and give forth to the General Sargent a writ of 
Execution. 

Touching the Publick Treasurer. 

Be it enacted, that the Publick Treasurer shall only re- 
ceive such fines, forfeitures, amercements and taxes, as 
fall vpon such as are not within the liberties of the three 
Townes specified in the Charter ; and Warwick, that is 
invested with the like priviledges and powre ; and that 
the Townes mentioned shall receive and keep safe in their 
custody all fines, forfeitures and amercements that shall be 
levied upon the Inhabitants thereof vntill they be called 
for by the authority from England ; but if vpon our hum- 
ble petition, they be granted to the Colony, then shall they 
enjoy them as a helpe in their Government as their cus- 
tom forever. Moreover, looke what comes into the Pub- 
lick Treasury by that way, he shall give account of in the 
Generall Assembly. 

Touching the Generall Sargant. 

Be it enacted by this present Assemblie, that he that is 
chosen Generall Sargant shall be an able man of Estate, 



198 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. for so ought a Sheriff to be, whose place he supplies ; 

^-*''^-'"*^ whose office shall be to attend all Colonye Courts of 
Tryall, and to serve eyther by himselfe or the Serjants of 
each Towne, all Writts originall or judiciall ; who having 
arrested a man for that which he is bailable, he shall take 
baile by an obligation to himselfe, with sufficient sureties ; 
the condition of which shall be, to make appearance in 
the place, and at the time, the bill, writt, or warrant spe- 
cifies. He shall also gather vp all the fines, forfeitures 
and amercements, that are made at the Colonie Courts of 
Tryall, and shall returne them faithfully unto the Treasu- 
rie to which they appertaine. When he is chosen, he 
shall be solemnly engaged to exact no more than his 
wages, and to take no more than is forfeited ; for not 
serving writts and warrants, he shall lose to the party 
grieved, treble damages, and forfeit Forty Pounds ; 
twentie whereof is the King's Custome, and twentie 
shall be to the party that sueth. And he that summons 
or doth arrest without w\arrant, shall be imprisoned till he 
pay to the party grieved ten pounds, his costs and dam- 
ages, and twentie pounds to the King. See the 43 Eliz. 
6. He shall also have the charge of the prison for the 
Colony, and the prisoners therein. 

But forasmuch as Justice cannot be had in the general 
Court of Judicature, notwithstanding these Officers, with- 
out Pleaders and Tryars, be it enacted, that there shall be 
both, and rules given for their orderly proceeding. 

Touching the Inquest or Tryars. 

To save needless expenses and travailes, be it enacted, 
by the authority of this present Assemblie, that all Trai- 
tors, Felons, and such as are suspected thereof shall be 
indicted by twelve or sixteen honest and lawful men of, 
and also in the Towne where the person was taken, or of, 
and in the Towne where his Tryall shall be, and at the 
Court of Tryall. And that three of the most sufficient 



AND PROVIDENCE PLANTATIONS. 199 

and least suspicious persons in each Towne bee chosen by 1647. 
the Townsmen tenn days before, and sent to that Court '-^""^"^^ 
to attend the Tryall of such matters as shall be presented, 
and that these be returned and arrayed by the General 
Sargent, so that the parties may have knowledge of them 
foure dayes before the Sessions of the Justices upon paine 
of ten pounds ; and that they be chosen by neyther old 
men above seventy yeares, nor mean men, nor such as 
have a charter of exemption, nor an indictor, nor inter- 
ested in the deliverance of an indictee. See 42 Edw. iii. 
11 ; 13 Edw. i. 37 ; 25 Edw. iii. 3 ; 3 Hen. v. 3 ; 23 
Hen. viii. 13 ; 8 Hen. vi. 9. 

And be it further enacted, that no man shall pass vpon 
the Life of a Man in this Colonic, nor in plea real, no, 
nor personal in any issue joyned, that amounts in the 
dammage to the value of forty marks, nor touching forci- 
ble entry, nor touching Riotts, who is not clearly worth 
forty pounds, nor in smaller matters in the Towne that is 
not clearly worth twenty pounds. 

And be it further enacted, that men have their peremp- f^^,]^^^^^ 
tory and other challenges, to the full, as they have them 
in England, where for petty Treason, Murder and Felony, 
they may challenge to the number of twentie. See 32 
Hen. viii. 3. 

And be it enacted, that the inquest upon the TryaU of 
persons indicted of Felonie, shall eyther allow of, or reject 
the witnesses, according to their consciences, of all or the 
major part of them. 4 Jac. 3. 

And be it further enacted, that the inquest being thus 
chosen by the Townes, and summoned by the Sargant, in 
case any of them appeare not, their roome shall be sup- Forfeit. 
plied by such among those that stand about, or that live in 
the same Towne (and they refusing, the same fine,) where 
the Colonic Court of Tryall is held, and every man soe 
chosen and summoned, if he appeares not, shall lose and 
forfeit five shillings and ten pence ; or what he might 
have gott if he had attended the service which the Court 



Fa'seVer 
Uict. 



200 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G47. shall determine, which, by a distringas from the Court. 
^-^^-"^-'the Serjant shall require, and levie and deliver into the 
Treasury to which it belongs. 

And be it further enacted by the authority of this pres- 
ent Asserablie, that if any false verdict be given in any 
action, suit, or demand, either in this or in any other 
Court of the Colonic, in any thing personall, as Trespass, 
Debt, Difference, &c. ; the party grieved shall have a 
writ of attaint out of this Court of the Colonic, putting in 
sufficient security against each partie giving in such an 
untrue verdict, wdiereby y'' parties shall be summoned by 
great distresses ; and in case the thing in demand and the 
verdict surmounts forty pounds, to the three able men of 
each Towne shall be added twelve of the same Towne, 
where the Colonic Court of Tryall shall be, being worth 
three score pounds a piece, if such and so many are to be 
had, and in case these find they gave an vntrue verdict, 
every one of the former inquest shall forfeit twenty 
pounds, ten whereof is the King's custome, and ten 
pounds shall go the partie grieved, that sues for it ; he 
shall be also not of credence, neither shall his solemn tes- 
timony be taken in any Court, vntill the Colonic release 
him. But if, eyther the demand or verdict be vndcr forty 
pounds, then shall the inquest be worth fifty pounds a 
man ; and every one of the petty inquest being found 
guilty, shall forfeit five pounds, with the like punishment 
as is before specified. See 23 lien. viii. 3 ; 37 Hen. 
viii. 5. And in case he that sues for the writ of attaint 
makes it not good, every party attainted may have his ac- 
tion against him, and recover sufficient dammages. 

Touching Pleaders. 

Be it enacted by the authority of this present Assem- 
bly, that any man may plead his own case in any Court, 
or before any Judge of Record throwout the whole Colonic, 
or may make his Attorney to plead for him, or may vse 



AND PROVIDENCE PLANTATIONS. 201 

tlie Attorney that belongs to the Court which may be two 1 644. 
in a Towne, to wit ; discreet, honest and able men for un- v-«'-^'^«*^ 
derstanding, chosen by the Townsmen of the same Towne, 
and solemnly engaged by the head officer thereof, not to 
vse any manner of deceit to beguile eyther Court or 
partie. And these being thus chosen and confirmed, shall 
be authorized, being entertayned, to plead in any Court 
in the Colonic ; but in case such pleader or Attorney shall 
vse any manner of deceit as is aforesaid, and be thereof 
attainted, or that shall be notoriously in any default of re- 
cord, he shall forfeit his place, and never more be admit 
ted to plead in any Court of the Colonic. See 3 Edw. 1, 
28 ; 4 Hen. iv. 18. 

Be it also further enacted, that in matters of controversie 

Controver- 

betweene partie and partie, or Towne and Towne, that be- ^^°- 
longs to the hearing and determination of the Colony Court 
of Tryall, the partie complaining, or his Attorney, shall goe 
to the General Record, and in his office shall enter his^"^''- 
action ; then shall he request a writ to arrest the defend- 
ant as is abovesaid, returnable at least twenty dayes before 
the Court ; the bond of the defendant being returned into 
the Recorder's Office, the plaintiff or his Attorney, shall, ^^"'""^■ 
within foure dayes after, file his declaration in the Re- 
corder's Office (or he shall be non-suited) where the de- 
fendant or his Attorney may see it and take forth a coppie 
thereof ; then shall the defendant or his Attorney, file the 

' "^ Defendant. 

answer eight dayes before the Court. And so shall they 
join issue, that Court, and proceed to Tryall, where the 
witnesses to prove or disprove the issue being produced, 
the plaintiff and defendant may plead their own cause, or 
have their Attorneys plead for them before y*" Bench, and^"°™^^" 
the inquest ; and the verdict and judgment being given, 
the Recorder shall enter it. But, in case the defendant 
puts in his answer, and at the Court makes his demurr, ^®°'"'"''- 
then shall the Court judge of the sufficiency thereof, and 
so shall accept the demurr, or proceed ; but in case he 
neyther puts in his answer, nor demurr, or gives in his 



202 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. answer, but puts not in his demurr, and yet appeares not, 
'-*"^'"'*^ then shall be entered, he saith nothini^ ; and so shall it 

Nihil dicit. ' * ' 

be taken for granted he confesseth the action, and then 
shall go forth a writ from the Court vnto the Towme in 
which he lives, to enquire of dammages, which being re- 
turned to the Recorder, a process or writ shall go forth for 
Execution. 

And now forasmuch as we have prescribed Rules and 
orders, whereby are declared both the authoritie, office 
and duty of every person that shall be employed about 
this Colonic Court of Tryall, and have likewise declared, 
that the President's and foure assistants' office (among 
other things that belong to their care) is to see that or- 
der and course of Law appointed to this Court be dewly 
observed. 

It is agreed, and by the authority of this present Assem- 

blie enacted, that as the former Lawes are committed to 

their custodie to see them observed or executed, soe are 

these constitutions, so farr as they have a respect vnto an 

orderly finding out of Justice and the administration 

thereof, committed to their charge, to see them observed. 

And furthermore be it enacted, as that which adds to 

Tee Court to ^^^ conicly and commendable order of this Court of Judi- 

dwk.^"' cature, that at eight of the clock in the morning of those 

dayes vpon which the Court is appointed at the farthest, 

S!"^'*'' ^^^ President, the Towne Assistants, and the Head 

Officers of the same Towme where the Court shall be 

kept, (for their Councill and helpe,) shall sit in the pub- 

licke Sessions house, and also the Generall Recorder, 

where shall attend those that seeke for justice, their 

pleaders, witnesses, Tryars and the Generall Sarjant with 

his prisoners ready either to rid his hands of them, or else 

to doe execution vpon them or others as Justice shall 

require. 

In the first place, the Recorder shall present, and if 
there be time read over the bills of indictment ; and if, in 
case they have been examined or presented by an inquest 



AND PROVIDENCE PLANTATIONS. 203 

before, then shall he pass them over ; if not, then shall 1647. 
the President sett apart the honest and lawfull men pre- ^-*-^'-^' 
pared for that purpose, by a solemn engagement, faith- 
fully to enquire touching the bills, and soe shall send them 
forth with the same. 

Then, in case there be any controversies or difficulties 
between partie and partie that are lawfully and orderly 
presented to that Court for Tryall, the Recorder shall read 
them over in the open Courtc, and that which was first 
joyned for issue, shall come first to the hearing. And 
because the twelve men are to have the hearing and de- 
termining of all controversies and differences depending 
between partie and partie, they shall be first called forth 
by the President and placed in order before those that are 
to be judged, from whom they shall receive a solemn 
charge vpon the perill and penaltie the law hath pro- 
vided, to do justice between the parties con tending j ac- 
cording to evidence. This done, then shall the parties, 
(having first had their lawfull challenges,) or their Attor- 
nies plead their cases before them, produced their wit- ^^'i^^''-- 
nesses for what they affirme, which shall be taken 
upon the like perill. AVhen they have sufficiently 
discussed the difference, then shall the President or any 
other of the Assistants mind the inquest of the most 
material passages and arguments that are brought by 
one and other for the case and against it, without altera- 
tion or leaning to one party or another, (which is too 
commonly scene,) and soe shall the President advise the 
inquest to goe forth and do justice and right between 
their neighbours, according to the evidence that has been vacancy, 
brought, for what has been pleaded. These beincc 2:one gone &, 

° -^ ^ ^ the bench to 

forth, then may the Court proceed to deale with such asj^^"«=°^^" 
are bound by recognizance eyther to release them or to 
continue their Bonds, according as there is just cause, and 
may read over the Indictments that have been enquired 
into before, and are now presented as true bills, or that 
were committed to the inquest in the beginning of the 
14 



luatterB. 



204 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. Court and are returned true bills. The twelve men re- 
^-^^-^*-' turning with a verdict it shall be recorded, and see shall 

they be employed, vntill all the differences be ended, 
way and And forasmuch as it belongs to the Justice.s to taxe the 
loTairLniT costs, lett the vacant times be so employed. 

These controversies, differences and demands being 
thus all issued, then let the Recorder call to y' Sarjant to 
bring forth y'' Prisoners. Before each prisoner lett his in- 
dictment be read, and he demanded what he saieth to the 
indictment, whether Guilty or not. If he answer Guilty, 
his confession shall be recorded. If he sayeth not Guilty, 
then lett him be demanded if he will be tryed by God and 
the Country, sci: his countrymen. If he consents, the 
President shall call forth the twelve men before him, wish 
him to look upon them,, and ask if he have any thing 
against them ; if not, then he shall charge them vpon the 
former perill, to deale faithfully and truly in the matter ; 
it being a matter of consequence and moment, and to pro- 
ceed to determine according to the light of their con- 
sciences, vpon the evidence given in, and if any be found 
Guilty of death, to be reprieved to the next Court. And 
thus having issued all matters depending, the President 
with the assistants and councellors shall give forth writs 
vnto the Generall Sarjant for the severall executions, and 
so break vp the Court for that time and sitting. 

And be it further enacted,, by the authoritie of this pres- 
ent Assemblie, that the perill that any officer shall sus- 
teyne, for going without^ besides, or beyond his Commis- 
sion, shall be first lawfully and orderly judged. And that 
no officer employed in this Colonic shall think it strange 
or hard dealing to be brought to his faire Tryall, and 
Judgment for what he hath done amiss. 

Be it also enacted, that the Chiefe Officers of the Colo- 

TheTria^iofnie, Isknd, or Townes, shall be tryed and judged in the 

**■■* Generall Assembly by a committee of the most able and 

impartial! men, chosen out from among them, against 

whom they may have also their lawfull challenges : and 



AND PROVIDENCE PLANTATIONS. 201 

that all other officers abusing their offices, shall be tryed 1647. 
and judged eyther in the Towne by which they were ^— ^*- 
chosen ; or, if the Towne please, or if not chosen by 
the Towne, then shall they be tryed and judged by the 
Colonic Court of Tryalls. And in case any man sues for 
Justice against an officer or other, and he cannot be 
heard, or is heard and cannot be righted by any Law ex- 
tant among vs, then shall the partie grieved petition to 
the Generall or Law making Assemblie, and shall be re- 
lieved. 

And now forasmuch as the choice of all the officers 
that are to be employed in this Colonic, like the Colonies 
about vs, once a year, whereby it may be easily collected,, 
that he that hath an office or charge this yeare, may have 
none another ; and it would be too prejudicial to the peace 
of the place or quiet Government thereof, for a man out 
of a discontented self-will, or other pretence, not to re- 
signe, together with his office, belonging to the Colonic, 
Island or Towne, to him that is chosen and appointed 
thereto. 

Be it therefore enacted by the authoritie of this present 

^ DetainiDgf- 

Assemblie, that whosoever hath, or shall hereafter have,^«''=°'"'*« 
Books, Papers or Parchments, in which are conteyned 
Orders, Records, Purchases or Charters that belong vnto 
Colonic, Island or Townes, or have any other things ap- 
pertaining thereto, shall, within one month after another 
be chosen and appointed to take the charge thereof, de- 
liver vpp safely into his hands, all such Books, Papers, 
Parchments and other things that were in his custody. 

And be it further enacted, that he that shall not resigne PenMii? 
and deliver the books, papers, parchments, and other 
things above specified, within one moneth as he is ap- 
pointed, he shall forfeit f )r the first moneth tenn pounds ; 
for the second, twentie pounds ; and so shall it be every 
moneth doubled, vntill he deliver it, which forfeiture shall 
be taken, and by the chief Officers and Sarjant of Colonic, 
Island or Townes to which the wrong and injury is done, 



206 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. by distraint vpon his Goods and Chattels, and shall be 
^-^^'^^' committed to the Treasuric to which it belongs. 

And further be it enacted, by the authoritie of this 
present Assemblie, that a Humble petition shall be drawn 
vp to our Honoured Lords and Noble Governors, with the 
names of the Inhabitants of the Colonie subjoined, wherein 
is express'd our humble and earnest request and desire, 
that forasmuch as we are but poore, and the fines, forfeit- 
ures, waifs, strays, and amercements are not like to be 
much [in amount] they may be granted unto vs and con- 
firmed [to the Colonie] whereby some little helpe may be 
afforded to the government thereof, and to carry on the 
[administration thereof] therein. 

And be it further enacted, that one [be appointed by 
the] present Assemblie, and be employed to solicit in 
[England] with our Noble Lords for the obteynement 
[thereof.] 

[And forasmuch as we] find the nature and constitution 
of our place [makes it inconvenient] to bring all matters 
of differences vnto our place or Courte of Judicature, and 
also perceive our Charter granted vs by those Noble Lords 
and Governors, to be so free and full, that in all our trans- 
actions we may have an eye and respect vnto the nature 
and constitution of the place in which we are placed. We 
do therefore joyntly agree, (being also requested thereto) 
and do give, grant and confirme vnto the Island called 
Aquedneck, alias Road Island, and her two Townes, Sci: 
Portsmouth and Nuport, and eyther of them, full powre 
and authority, eyther joyntlie or apart, to constitute such 
particular orders, penalties and officers, as may more 
nearly concerne eyther each Towne apart, or the Island 
joyntly. And by their particular officers, or with the as- 
sistance or helpe of the generall, may execute such par- 
ticular orders and penalties, and so many of the Common 
Lawes agreed on in the Generall, and their penalties not 
annexed already unto the Colonie Court of Tryall, at such 
times, in such places, and after such a manner and forme 



AND PROVIDENCE PLANTATIONS. 201 

as the major parte of the Inhabitants of each Towne shall, 1647. 
by free consent agree vnto, provided all this be done with ^-*^^'-*«" 
respect to the Provisoe in our Grand Charter specified. 

Sargants fees allowed at the Court at Portsmouth, 
1649, for attending upon a prisoner, two shillings and 
sixpence per day ; for serving writs out of the Towne 
where the Gen'l Sarjant lives, three pence per mile for 
going, and three pence per mile back ; for the prisoners' 

commitment, five shillings ; all on , for going to 

serve executions, three pence per mile out [from] home ; 
and three pence per mile back. For going to levie fines, 
three pence per mile for, and three pence per mile back. 



A TABLE OF FEES. 

s. d. 

The action entering, and the Writt thereon, 1 

The filing of a bill, or declaration, - - 1 

The filing of an answer, - - - - - 1 

The exemplification of a Record, - - - 2 6 

The Coppy of a bill, or declaration, - - - 2 

The Coppy of the answer, _ - - - 2 
The examination of every witness, - - - 6 
The exemplifying the Testimony of every witness, 6 

For entering of a nihill dicit, _ _ _ 2 

For a writ of enquirie, ----- 2 

For a scire facias, - - - - - 2 

For a fierie facias, _ _ _ _ - 2' 

For a venire facias, ----- 2 

For entering the verdict, _ - _ - 1 

For Baile entering to every action, - - 2 6 

For recording Judgment and issue, - - - 2 6 



208 RECORDS OF THE COLONY OF RHODE ISLAND, 

1647. s. d. 

-'^^^"'^ For a writ of execution, - - - - - 2 6 

For a distringas, - - - - - -10 

For binding to the peace, or good behaviour, - 6 8 

For acquittal of Felonie, or suspicion thereof, - 2 6 

For making a Record of Reference, - - - 2 6 

For entering the Traverse of an Indictment, - 2 6 

For plea upon the Traverse, - - - - 2 6 

For filing the Inventory of goods taken upon execution, 6 8 

For a writ of accompt, - - - - - 1 

For drawing up a bill of Indictment, - - - 2 6 

For the subpoena of every person, - - - 10 

For a writ of Audita querela, - - - - 1 

For a writ of error, - - - - - 5 

For a writ of attaint, - - - - - 5 

For every Commissioner out of Court, - - 5 

For filing of every returne, - - - - 1 

For a Justice, 26 

For binding over to the Court, - - - - 2 6 

For committing to prison vpon refuse of Baile, 

Cofessing a Judgment in Court, - - 

A protest in Courte, - - - - - 



Acts and orders made at the General Courte 
of Election, held at Providence, May 16, 1648. 

Mr. Nicholas Easton, was chosen moderator for and 
during this Assembly. 

V/illiam Dyre is chosen Clarke of the Assembly during 
y® sitting thereof. 

Mr. William Coddington was elected President, 



AND PROVIDENCE PLANTATIONS. 209 

Mr. Jeremy Clark, Assistant and Treasurer. Elected 1648. 
■and Engaged. ^--^-v-**^ 

Mr. Roger Williams, Assistant. 
Mr. William Baulston, Assistant. 
Mr. John Smith, Assistant. Elected and Engaged- 
Phillip Sherman, General Recorder. 
Mr. Alexander Partridge, General Sarjent. 

It is ordered, that Captain Clarke and Mr. Barton shall 
go to y° Bay and carry the Letter and receive their an- 
swer, concerning Warwick business. 

It is ordered, that six men of each Towne shall be 
chosen, in whom y^ General Court shall continue ; and 
each Towne here shall have the choice of their men if 
they please ; or if any Towne refuse, the Court shall 
choose them for them ; if any else beside will tarry, they 
may whose helpe is desired. And further it is ordered, 
that this Committee shall have power to determine by y" 
Major vote. 

It is ordered, and by this Court determined, that the 
General Court of Tryall shall be kept by Courte in such 
places where the action did arise, or where the persons 
are apprehended and taken, and at such times as the 
Committee in whom the authority of this Court is con- 
tinued. And that those suits that are already com- 
menced, or shall be judged just by the Committee to 
be commenced, shall be then and there tryed, as if they 
had been in the place, and according to y° time formerly 
appointed and vpon the same engagment to the Court. 

PROVIDENCE. NEWPORT. 

Thomas Olney, Mr. Easton, Moderator, 

Thomas Harris, Wm. Dyre, Clerk, 

William Withenden, Mr. John Clarke, 

Hugh Benett, James Weeden, 

Robert Williams, James Barker, 

Gregory Dexter. Joseph Clarke* 



210 RECORDS OF THE COLONY OF RHODE ISLAN]>y 

1648. WARWICK. PORTSMOUTH. 

-^^>'^^-' Mr. John Smith, Capt. Morris, 

Ezek. Holyman, John Tripp, 

John Warner, George Lay ton,, 

Robert Potter, William Almy, 

Chris to. Helmes, John Briggs, 

Peter Green. Sam'l Wilbor, Jun'r. 

It is ordered, that the Clarke of this Assembly shall 
give and receive in y" name of y" State, the engagement 
to the Officers of State according to y^ order. And it is 
further ordered, that, whereas in the engagement of y® Of- 
ficers of State, there is a clause at y" latter end thereof, 
vidg't, "according to y® best of your understanding." 
The Court interprets their meaning to be, that they are 
not, or shall not vary from the Letter of their Commis- 
sion by any equivocall expositions. 

Mr. Jeremy Clarke and Mr. John Smith, were elected 
and sworne. Mr. Coddington and Mr. Balston are sus- 
pended. 

It is ordered. That whereas there are divers bills of 
complaint exhibited against Mr. Coddington who was 
elected President.. That if the said President elect shall 
be found Guilty, or being cleared of the said charges, re- 
fuse the place ; or if he refuse to give his engagement to 
the next Session of this Court to be held for this Colony, 
that then y^ Assistant of Newport, to wit, Mr. Jeremy 
Clarke, shall be invested in his place, and shall take the 
authority of that place upon him. 

It is also ordered. That if at any time hereafter, he that 
is made President shall happen to depart the Colony or 
Province into any other Colony, or into Old England, or 
if y' said President shall dye ; then the General Assistant 
of that Towne where the President was chosen, shall sup- 
ply the roome of the President so non-resident or vacant, 
with as full powre and authority by virtue of this act as if 
he had been chosen thereto, vntill the said President's re- 



corder's De 



AND PROVIDENCE PLANTATIONS. 211 

turne, or a new be chosen at y" next General Court of 1648. 
Election ensuing. v— ^-v-^.^ 

It is also ordered, that the Clarke of this Assembly shall 
retaine in his hands, the Records of the State and supply 
the General Recorders office in all points till y'' General 
Recorder elected shall come at y*" next Sessions of this 
Court and give his engagement to y'' State, and therein be 
invested. 

And it is also further ordered, that if it happen that y^enerai Re- 
General Recorder dye, or departe the Colonic, then the! 
Towne where he did live shall take into custody the place 
and charge, and invest some one in y*" place till y*" next 
General Court of Election. 

It is ordered, that forasmuch as the President elect hath 
not attended this Court for y"" clearing of y^ accusations 
charged vpon him ; Be it enacted and by the authority of 
this Court established, that the Assistant of that Towne 
wherein the President was chosen, Vidg't., Mr. Jeremy 
Clarke shall supply y® place of the President, with as full 
powre as if he had been elected and installed therein, un- 
till the said President elect shall be cleared and installed, 
or a new President be elected and installed, any clause in 
any other act or acts in any other order formerly made 
notwithstanding. 

It is ordered, that y^ Generall Court of Tryall shall be- 
gin at Newport on Tuesdey three weeks, vidg't, the loth 
of June, and from thence to Portsmouth, and so forward 
if there be occasion : And it is ordered, that all causes or 
complaints exhibited to y*" said Generall Court of Tryall, 
shall be heard and determined by j" said Court ; and in 
case there be non-suits or nihil dicits taken, that then y® 
Jury empannelled for the said Court, shall enquire of 
Damages and Executions to issues forth thereon, which 
shall be as good and of effectual force, any clause in any act 
notwithstanding. It is also ordered that y^ Sarjants of y® 
Townes shall execute their offices as formerly they have 
done, till there be a new General Sarjant made. 



212 RECORDS OF THE COLONY OF RHODE ISLAND, 

1648. It is also ordered, that if any of the Assistants shall be 
^-^^^'^^^ absent from the General Court of Tryall, then those that 

Assistants 

absence, aro proscnt shall be the judges of that Court effectually ; 
any act or order formerly made notwithstanding. 

It is ordered, that Captain Clarke, Lieut. Dyre and 
Ensigne Barker shall state the affaires of y° Band of 
Newport, and present it to y" next sessions of the Gen- 
eral Court to confirme and establish. 

It is ordered, that each Towne shall within ten dayes 

To^vnoffl- meet together to choose their Towne officers, and that 

chosen- ^ Mr. Easton shall call the townsmen of Newport ; and Mr. 
Porter and Mr. Sanford shall call the townsmen of Ports- 
mouth ; and Mr. Weeks for Warwick ; and by virtue of 
a commission to them, shall call y^ people together for to 
performe the service aforesaid, and to determine of their 
towne affaires. 

Prison. It is ordered, That this Courte doth desire that y" prison 

in Newport may be y" prison for y*' Colony for y^ present, 
and that they would be pleased to appoint a keeper 
thereof. 

Special Bay- j^ jg oidcrcd, That if y^ sarjeants be hindered or will 
not serve any writt to them directed, then a speciall bay- 
liffe shall be made and appointed for that service by him 
that hath authority to grant the writt. 

It is ordered. That the water baylies shall continue in 
their places. 

La^e!/ It is ordered. That y" bulck of Lawes shall continue 

their force till the end of y'' next sessions of y° General 
Court, or till they be repealed ; any former act notwith- 
standing. 

Geor'e" °^ Whcrcas, George Wright did petition y^ Court concern- 

wright. ing a scandalous report, rais'd as was said by Daniel 
Gould and Henry Stephens, who having upon their oaths 
cleered y" matter, Mr. Easton and Mr. Jeffray are ordered 
to write to Plymouth, to y" end his bonds may be taken 
off. 

It is ordered, that Mr. Jeremy Clarke, Mr. Easton, Mr. 



AND PROVIDENCE PLANTATIONS. 213 

John^ Clarke, and Wm. Dyre shall state y^ accusations 1648. 
and articles of all those that stand charged in or to this '--*^-*-^ 
Court ; presumptions in their places, and peremptory in 
their places. 

It is ordered, That y^ Scale of , presented by Wm. 

Dyre, shall be the scale of y"" State for y^ present to 
seale the writts originall and judiciall, or other records. 

It is ordered, that y'' dark of the Assembly shall send a 
coppy of these acts and orders to every Towne with con- 
venient speed. 

It is ordered, that the President Regent, to witt, Mr. 
Jeremy Clark, shall receive y^ answer from y° Bay ; and 
shall consult with this committee, and townes to give a 
reply. Also, it is ordered, that he consulting as afore- 
said, shall have powre to call y"" next sessions of Generall 
Assembly vntil which time this court is prorogued. 

An act made and agreed upon for the well-ordering of 
this Assembly. 

It is ordered. That y^ moderator shall cause the Clark 
of y® Assembly to call over the names of the Assembly. 

That the moderator shall appoint every man to take his 
place. 

That all matters presented to the Assembly's considera- 
tion, shall be presented in writing by bill. 

That each bill be fairly discust, and if by y® major vote 
of the Assembly it shall be putt to a committee to draw tiTe commi* 

'' '- sion Court. 

vp an order, which being concluded by y* vote, shall stand 
for an order threwout y° whole colony. 

That the moderator shall putt all matters to vote. 

That every man shall have liberty to speak freely to 
any matter propounded yett but once, vnless it be by 
lease from y^ moderator. 

That he that stands vp first vncovered, shall speake 
first to the cause. 

That the moderator by y® vote of y^ Assembly shall re- 



214 RECORDS OF THE COLONY OF RHODE ISLAND, 

1648. journe or dissolve y" court, and not without, at his great 

That he that shall returne not to his place at y*^ time 
appointed, shall forfeitt sixpence. 

That they that whisper or disturb y" Court, or useth 
nipping terms shall forfeitt sixpence for every fault. 

WM. DYRE, 
Clerk of the Assembly. 

[A special General Asseinblie was hoklcn at Warwick, in March, 1649 ; 
there is no record however, of their proceedings. In a letter from Mr. Wil- 
liams to Mr. John Winthrop, he refers to the proceedings of this Court. It 
seems that he was not present, and that the colony elected him Deputy Presi- 
dent, Mr. Coddington having sailed for England with his daughter, in Janua- 
ry. The colony was thrown into great excitement, by the. report of the dis- 
covery of a gold mine on the island. ^Mr. Williams sent some bags of the ore 
to Mr. Winthrop, and writes " it is certainly affirmed to be both gold and sil- 
ver ore, upon trial." The Assembly passed an act, taking possession of the 
mine in the name of the State of England, and issued a proclamation forbid- 
ding all persons to intermeddle with any of the ore. This was published by 
William Dyre, appointed for that purpose, for want of a Herald at arms, and 
the arras of England, and of the Lord High Admiral, were set up at the mine. 
Fortunately, a more accurate examination dissipated the golden dreams of the 
colonists, by proving the report unfounded. At the same session the following- 
charter was granted to the town of Providence.] — Staples' Annals of Provi- 
dence, p. 72. 

CHARTER OF PROVIDENCE. 

Whereas, by virtue of a free and absolute charter of 
civill incorporation, granted to the free inhabitants of this 
colonie of Providence, by the Right Honorable Robert, 
Earl of Warwick, Governor in chiefe with the rest of the 
Honorable Commoners, bearing date the 7th day of March, 
Anno 1043, givinge and grantinge full power and authori- 
tie vnto the said inhabitants to governe themselves and 
such others as shall come among them, as also to make, 
constitute and ordaine such lawes, orders and constitu- 
tions, and to inflict such punishments and penalties as is 
conformable to the lawes of England, so neare as the na- 
ture and constitution of the place will admit, and which 



AND PROVIDENCE PLANTATIONS. 215 

may best suite the estate and condition thereof, and 1G49. 
whereas the said towns of Providence, Portsmouth, New- ^-«»-v— a^ 
port and Warwick are for remote from each other, where- 
by so often and free intercourse of help, in decidinge of 
differences and trying of causes and the like, cannot easi- 
lie and at all times be had and procured of that kind is 
requisite ; therefore, upon the petition and humble re- 
quest of the freemen of the Towne of Providence, exhib- 
ited unto this present session of the General Assembly, 
wherein they desire freedome and libertie to incorporate 
themselves into a body politicke, and we, the said Assem- 
bly, having duly weighed and seriously considered the 
premises, and being willing and ready to provide for the 
ease and libertie of the people, have thought fit, and by 
the authoritie aforesaid, and by these presents, do give, 
grant and confirme unto the free inhabitants of the towne 
of Providence, a free and absolute charter of civill incor- 
poration and government, to be knowne by the Incorpora- 
tion of Providence Plantation in the Narragansett Bay, in 
New-England, together with full power and authoritie to 
governe and rule themselves, and such others as shall 
hereafter inhabit wiihtn any part of the said Plantation, 
by such a form of civill government, as by voluntarie con- 
sent of all, or the greater part of them, shall be found 
most suitable unto their estate and condition ; and, to 
that end, to make and ordaine such civill orders and con- 
stitutions, to inflict such punishments upon transgressors, 
and for execution thereof, and of the common statute 
lawes of the colonye agreed unto, and the penalties and so 
many of them as are not annexed already unto the colonye 
courte of trialls, so to place and displace officers of justice, 
as they or the greater parte of them shall, by one consent, 
agree unto. Provided, nevertheless, that the said lawes, 
constitutions and punishments, for the civill government 
of the said plantation, be conformable to the lawes of 
England, so far as the nature and constitution of the place 
will admit, yet, always reserving to the aforesaide Gener- 



216 RECORDS OF THE COLONY OF RHODE ISLAND, 

1649. all Assemblie power and authoritie so to dispose the gen- 
-'*^'^^-' erall governmente of that plantation as it stands in refer- 
ence to the rest of the plantations, as they shaU conceive, 
from time to time, most conducing to the generall good of 
the said plantations. And we the said Assemblie, do fur- 
tlier authorise the aforesaid e inhabitants to elect and en- 
gage such aforesaide ofi&cers upon the first second day of 
June, annually. And, moreover, we authorize the said 
inhabitants, for the better transacting of their publicke af- 
faires, to make and use a publicke seale as the knowne 
scale of Providence Plantation, in the Narragansett Bay, 
in New-England. 

In testimonie whereof, we the said Generall Assemblie, 
have hereunto sett oure handes and scales the 14th of 
March, anno 1648. 

JOHN WARNER, 
Clerk of the Assemblie. 



Acts and Orders made at the Generall Court of election 
held at Warwick, May the 22d, 1649. 

First, it was agreed, that I\Ir. Roger Williams who 
supplieth the President's place shall be moderator of this 
court untill a president be chosen and engaged. 

Mr. John Smith of Warwick, is chosen President for 
this yeare. Elected and engaged. 

Mr. Thomas Olney is chosen General Assistant for 
Providence. Elected and engaged. 

Mr. John Samford is chosen Generall Assistant of 
Portsmouth. Elected and engaged. 

Mr. John Clarke is chosen General Assistant for New- 
port. Engaged. 



AND PROVIDENCE PLANTATIONS. 217 

Mr. Samuel Gorton is chosen Gencnxll Assistant for 1649. 
Warwick. Elected and engaged. ^^--i-^v-^^ 

Phillip Shearman is chosen General Recorder. Elected 
and engaged. 

Mr. John Clarke is chosen Generall Treasurer. 

Richard Knight, Generall Sarjent. Engaged. 

Mr. Roger Y/illiams is chosen to take a view of the 
records delivered into the court by Mr. Wm. Dyre. 

It is ordered, that one man of each Towne of the Col- Commute? 
lonie be apoynted for a committee to examine some voates 
brought into the court. Vidg't, Mr. AVilliam Balston, 
Mr. Ilouldinge, Mr. Robert Williams and Mr. Jeremie 
Gould. 

Mr. Balston, Mr. Ilouldinge, Mr. Robert Williams and 
Mr. Goulde beinge chosen to examine some voates brought 
into the courte, are authorized by this courte to examine 
parties and present to this court what they finde in the 
case. 

Royai 

It is ordered. That the order made by the committee at Mines. 
Portsmouth concernynge royall mynes shall stand in full 
force and virtue untill the pleasuer of the State of Eng- 
land in that particler be further declared. 

It is ordered, for the prevention of corruption of voates ^°^^^' 
for the futuer^ that this clawes be added to the former or- 
der made concerning voates, viz , that none shall bringe 
any voates but such as they receive from the voaters 
hands, and that all voates presented, shal be filed by the 
recorder in the presence of the Assembly, during the 
tyme of the Court. 

It is ordered, that noe person within this collonie, after siack 
the tenth of June next, shall take any black peage of the 
Indians but at four a penny ; and if any shall take black 
peage of the Indians under four a penny, he shall forfeitt 
the said peage, one halfe to the informer, and the other 
halfe to the State. 

It is ordered, that if a President elected, shaU refuse to Fines or 
serve in that Generall Office, that then he shall pay a fine 



218 RECORDS OF THE COLONY OF RHODE ISLAND, 

1650. of ten pounds. And the Generall Assistant that refuseth 

^-^^^^^^ to ser\e after being chosen, shall pay a fine of five pounds. 

It is also ordered, that he that hath most voates next to 

him that refuseth, shall supply the place of him that re- 

fuseth. 

It is ordered, that the Town magistrates of the Town 
Town liag- whcarc the Generall Court of tryalls shall be, shall sit in 
iVfu^court. court with the Generall Officers, and have equall authority 
to voate and act with the Generall Officers. 

It is ordered, that the law concerninge militarie officers 
Mi;itary be further quickened, confirmed, ratified and duly execut- 

Affaires. . 

ed ; and whereas the order saieth that the two chiefe offi- 
cers of each Towne, to witt, one of the Towne and the 
other of the Bande shall judge the fines, &c. It is fur- 
ther explained and ordered, that the Generall Assistant for 
that Towne, the two deputies or towne magistrates, and 
the Captaine of the band, shall judge and determine the 
fines as in the order, &c. It is further ordered, that if 
any man shall be chosen Captaine and refuse the place ; 
and accepting the place neglect to traine the band vppon 
the dayes appointed, he shall forfeitt five pounds ; and 
tliner^fifse ^^^^ Licftcnant in like manner, fifty shillings. It is fur- 
to exercise, ^j^^^^. ordcrcd, that w^arrants be yssued from this Court to 
each Towne, and delivered to the Towne deputies or mag- 
istrates, that the law may be in force and duly executed 
within thirty dayes, under the penaltie of the forfituer of 
ten pounds. 

It is ordered, that this clawes in the order concerninge 
traininges, to witt, (after the Towne councill have caused 
them to be supplied) is repealed. 

It is ordered, that a messenger bee sent to Pumham, 

and the other sachem, to requier them to come to this 

MeBsengor. Qq^^^j-^ ^^^^^ ll^g^j. lettcrs bc scnt to Benedict Arnold and his 

father, and the rest of Patuxit, aboute thear subjectinge 

to this collonie. 

It is ordered, that each Towne within this collonie shall 
provide a prison in theare Towne, with a chimneye and 



AND PROVIDENCE PLANTATIONS. 219 

necessaries for any oflfender that shall be committed, with- 1649. 
in nine months, upon the penaltie of the forfeituer of tenn ^"---^^-^-^ 
pounds ; and in the mean while it is ordered, that the 
prison in Newport shall be the collonie prison, and Rich- 
ard Knight, Generall Sarjeant, shall be the keeper of it. 

It is ordered, that the bill presented by Mr. William M^.^^y^e'i 
Dyre unto this present Courte for service done for the 
State of Providence Plantations, be sighned unto Mr. 
Jeremie Clarke, to be payed unto Mr. William Dyre, out 
of the generall stock now in his hands. 

It is ordered, that the suits presented unto this Assem-Mayas. 
blie by Mr. William Dyre against Mr. William Codding- ^^rred. 
ton, be deferred untill the Generall Courte of trialls to be 
houlden for this collonie in October next at Portsmouth. 

It is ordered, that the next Generall Courte of trialk 
for this collonie in October next, shall be houlden at 
Portsmouth. 

It is ordered, that the next Generall Courte of Election^ 
and the Generall Courte of trials immediately to' follow in 
May next, shall be houlden in Newport. 

It is granted unto Mr. Roger Williams^ to have leave 
to suffer a native, his hyered household servant, to kill 
fowle for him in his piece at Narragansett about hi& 
house. 

It is granted unto Mr. Roger Williams to have leave to* 
sell a little wine or stronge water to some natives in theare 
sickness. 

It is ordered, that the forme of the letters ordered to- 
be sent to Pertuxit, and to Benedict Arnold, shall be by 
the authoritie of tHs Court, and sealed by the Generall 
Recorder. 

It is ordered, that this present Assemblie be prorogued 
untill the day before the Generall Courte to be houlden 
at Portsmouth, in October next, unless the President 
shall see cause to- call it sooner. 

FINIS.- 

15 




RECORDS OF THE COLONY OF RHODE ISLAND y 



Acts and Orders made at the Generall Courte of Election 
held at Newport, Maij the 2od, (1650), /or the Colonie 
of Providence Plantations. 

It was voated, and by voate concluded, that a modera- 
tor shall be chosen for this present day. 

It is ordered, that the election shall be this present 
day. 

It is ordered, that he that is chosen President for this 
next yeare ensewinge shall be Moderator tomorrowe, 
and for a longer time as the Assemblie shall determine. 

Mr. Nicholas Esson is chosen Moderator for this present 
day. 

It is ordered, that the letter read in the Assemblie, be 
sent to Mr. Koger Williams, that according to the con- 
tents theareof, he may informe the Sachem of the mynde 
of the Courte therein ; and the message sent by worde 
of mouth to reporte to the Sachem is of the same au- 
thor! tie. 

It is ordered, that this present election shall stande 
and be authenticke, notwithstanding all obstructions 
against it. 

Mr. Nicholas Esson is chosen President for this yeare, 
and engaged. 

Mr. Wm. Field is chosen G. A. for Providence, and 
engaged. 

Mr. John Porter is chosen Gr. A. for Portsmouth,, and 
engaged. 

Mr. John Clarke is chosen G. A. for Newport, and 
engaged. 

Mr. John Wicks is chosen G. A. for Warwick,, and 
engaged. 

Philip Shearman is chosen General Recorder, and 
engaged. 



AND PROVIDENCE PLANTATIONS. 221 

Richard Knight is chosen Gen'l Sarjant for the collo- 1650. 
nie, and engaged. ^s-^p-v.-*.-- 

Mr. John Clarke is chosen General Treasurer, and en- 
gaged. 

It is voated and resolved, by this Generall Assemblie, 
that whosoever absent himself, yet the committee that is fj'™^/''"'^" 
chosen shall attende the business, and what is acted by 
them, or the major parte of them, shall be of as full force, 
as if the whole had remayned and enacted it. 

It is ordered, that in case the committee shall fallcomitioneif. 
shorte of six out of each Towne, that then they that ap- ""^ ^ "^" 
peare from each Towne shall have libertie to choose and 
make up their number. 

It is ordered by this Assemblie, that if upon complainte 

^ Comitiouers- 

and due tryall of any member of the Generall Assemblie, '"'p*''"^^^ 
and he bee not founde a fitt member, that the Assemblie • 

have powre to suspende him, and to choose another in his 
roome. 

It is ordered, that the third, fourth and fifth order made 
by the committee at Portsmouth, March the 6th, 1648, 
be of force for this present Assemblie, upon the penaltie of 
forfeituer of sixpence for everie default. 

It is ordered, that he that first stand up oncovered to . ■ 

speake, shall first speake ; and he that interrupt shall for- 
feit sixpence. 

It is ordered, that Captaine Richard Morris, ^^orge ^^^^^.^ 
Blisse, James Badcock, Peter Busserole, William Havens, ^"■'"^• 
and Gabriel Hick, all excuses sett aparte, shall mende and 
make all lockes, stockes and pieces that by order from the 
warden of each Towne shall be from, any of the inhabitants 
thearof presented to> them^. for just and suitable satisfac- 
tion in hand payed, without delay, under the penaltie of 
ten pounds, to be levied by distraint from the head officer 
to the use of the sayd Towne 's militia. 

It is ordered, that all men that have gunns and pieces <^unns t« 
to mend, and have need to have them mended for their •■ "r 
present defence, shall forthwith, according to order, carrie 



Ryolt 



Oiarke'a ac 
'Compt. 



XAwfull ap 
ip«&rance. 



222 RECORDS OF THE COLONY OF RHODE ISLAND, 

1660. those pieces to mende, upon paine of forfeiting ten shil- 
^^^-^^^ lings a piece, which shall be levied by distraint from the 
head officer of the Towne to the use of the sayed Towne's 
militia. 

It is ordered, that the bills presented to this Courte 
shall be put to particular committees to scann and give in 
their result. 

It is voated and concluded, that the bill commenced to 
this Generall Courte of Tryalls aboute a ryot, was not le- 
gally commenced against Patuxit men. 

Mr. John Clarke returned his accompte into the Courte 
for the yeare 1G49, that he [had] received nothing as 
Treasurer, and therefore have nothing in his hande. 

It is ordered, that the Recorder shall signe the warrants 
that goe forthe out from the Courte. 

It is ordered, that by lawfuU appearance to answer the 
sute, is to be understood that the partie that is bound for 
any man's lawfuU appearance, shall bringe in the partie 
for whom he is bounde into the Courte, and committ him 
to the Courte to which he is bounde, or else be liable to 
the condemnation of the Courte. 

It is ordered, that from henceforth noe sute in any 
Courte of Justice within this jurisdiction, that is hearde, 
judged^ and execution served thereon, such suite or action 
shall not againe be rehearde in any Courte, either of 
Towne, or of Generall Courte of Tryalls within this 
Colonie. 

It is ordered, by the authoritie of this present Assera- 
Bebearing. ^ij^^ ^^^t if any porsou will have his cause, action or sute 
reheard in the Generall Courte, having been heard and 
judged in a particular Courte, shewing defect in some sub- 
stantiall matter, error, or attain te, the judgment shall be 
stayed, and the person desiring the hearing, shall pay pres- 
ently ten shillings to the Courte to help to defray the charg- 
es and costs of the Courte, and soe shall have his libertie. 

Also, if any person shall in the Generall Courte of 
Tryals desire a rehearinge, it is ©rdered, that he shall pay 



>8iut«is not 
t«be re- 



'Beheaaing 
ivOenerall 
OMile. 



AND PROVIDENCE PLANTATIONS. 223 

twenty shillings to the State, and cost of the Courte as 1650. 
aforesayed for the Courte's use. Provided, that upon "-'"^'"^^ 
paying the sayed cost and mult, the person sueing the ap- 
peale or rehearinge of the cause in any Courte, be bound 
in sufficient recognizance to the partie sued, to prosecute 
at the next Courte insuinge, or he shall forfeit his bond ; 
and the judgment and execution formerly premised and 
given, shall take its full force and virtue, accordinge to 
rule of lav7. 

It is determined by voate, that the Collonie hath pro- Need-ess t • 
vided already a sufficient way for the tryinge and issuing 
such causes ns is presented, and for the securing of so 
much estate as may satisfie the plaintiffe, and therefore 
needless to sequester the estate in controversie. 

It is ordered, that the Generall Officer of each Towne ^Xb'.""' 
shall have power to graunt a supercedent or removall of 
sutes, the partie desiringe the sayd writt haveing per- 
formed the law before in that case provided. 

It is ordered, that the proportions allotted to the proviso for 
Towne for a magazine for the present, and constant 
Wpply, be equally layed upon the inhabitants of each 
Towne by the councill thereof, according to each man's 
strength and estate ; which being made known to every 
man by theare Sarjeants, those that bringe in their pro- 
portions to the Treasurer within twentie dayes, shall be 
freed from the penaltie that the State hath imposed on 
the Towne in case of default, and all the rest in generall, 
and ech man in particular shall be liable to the penaltie 
above sayed. 

It is ordered by the authoritie of this present Assem- Magazine. 
blie, that each Towne shall have in it a magazine for its 
present and constant defence. 

The Towne of Providence shall have in its magazine 
one barrell of good powder, five hundred poundes of leade, 
six pikes, and six muskets all in good case and fit for 
service. 

The Towne of Portsmouth shall have in its magazine 



224 RECORDS OF THE COLONY OF RHODE ISLAND, 

1650. two barrells of good powder, one thousand weight of 
-^'-^''"'^^leade, twelve pikes and eighteen muskets, all in good 
case and fit for service. 

The Towne of Newport shall have in its magazine 
three barrells of good powder, one thousand weight of 
leade, twelve pikes and twentie foure muskets, all in 
good case, and fit for service. 

The Towne of Warwick shall have in its magazine one 
barrell of good powder, five hundred weight of leade, six 
pikes and six muskets, all in good case and fitt for ser- 
vice ; and all thease magazines shall be thus compleately 
furnished by the last day of the month called August next 
ensuinge, under the penaltie of ten pounds sterling for 
each default therein, upon sufficient information of the 
default, by virtue of a warrant from under the Presidents 
hande, the Generall Sarjeant shall take it by distraint 
and forthwith returne it into the publicke Treasurie. 

It is ordered, that in case a nihil dicit be taken in 
Nihil (licit, any Courte, the Jury of that Courte shall make inquirie, 
and execution shall goe forth, any lawe to the contrary 
notwithstanding ; and this lawe to bee of force so soone 
as this Generall Courte bee dissolved ; provided that for 
the nihil dicifs that are taken in this present Courte, the 
former law shall be of full force. 

It is ordered by the authoritie of this present Assem- 
blie, that whosoever shall present a pittition or bill unto 
thease assemblies which conduce to their private advan- 
tage, that then they shall lay downe six shillings and 
eight pence, which shall be to defray the charges of this 
Assemblie. 

It is ordered, that there shall be such a honourable and 
sutable closuer, with the Massachusetts in their proceed- 
ings, they being so substantially proved to bee legal and 
^jnnmt-8 j^^^^^^ ^^^ ^^ grauut fortli from this Courte, execution upon 
the Goodes and chattels of Ralph Earle to the full value 
of the debt, and to discharge Munnings : Neverthelesse 
provided, that this debt thus levied, shall not be delivered 



AND PROVIDENCE PLANTATIONS. 225 

m the handes of the creditor untill a letter be sent from 1647. 
the Generall Officers of this Collonie unto the Magistrates ^-*-^'-"*-' 
of the Baye, that such sufficient discharges be given, 
whearby Ralph Earle may bee in perpetuall rest and 
quiett in respect of the debt, and Munnings satisfied. 

It is ordered, that forasmuch as all Bondes for apear- 
ance to this present Courte to answer the sutes, that those ^o°nunue° 
bondes specified are made to the Courte in May, if those 
sutes be not trycd in May, those bondes shal be of full 
force in every respect unto the end of this Courte, as if 
they had been tryed in May. 

It is ordered, that the next Generall Courte of try alls 
for this collonie shall be houlden at Portsmouth. 

It is ordered, that the next Generall Courte of Election 
shall be houlden at Portsmouth. 

It is ordered, that Pessicus shall have libertie to gett so 
many chesnutt ryens upon the common of the Island as 
may cover him a wigwam ; provided, he take John 
Greene with him, that no wrong may bee done to any 
particular person upon the Island. 

It is ordered by this Courte, to apoynt an Atturney ^^^^^^^y 
Generall for the Colonic, as also a Solicitor. That the 
Atturney Generall shall have full power to impleade any 
transgresssion of the lawe of this State in any Courte of 
this State ; but especially to bringe all such matters of 
penall lawes to try all of the Generall Courte of Try alls, as 
also for the tryall of the officere in the State at the Gen- 1;^;^^;^^" ^'- 
erall Assemblies, and to impleade in the full power and 
authoritie of the free people of this State, their preroga- 
tives and liberties ; and because envy, the cut throat of 
all prosperitie will not faile to gallop with its full careere, 
let the sayed Atturney be faithfully ingaged and author- 
ized and encouraged. Engaged for the people, by, or in 
the peoples name, and with their full authoritie assisted ; 
authorized, that upon information of transgressions or 
transgressors of the lawes, prerogatives and liberties of 
the people, and their penall lawes, he shall under hand 



.Generall So- 
licitor. 



226 RECORDS OF THE COLONY OF RHODE ISLAND, 

1650. and seale take forth summons from the President or Gen- 
'-*''^'"^^ erall Assistants, to command any delinquent, or vehe- 
mently suspected of delinquencie in what kind soever 
accordinge to the premises, to appeare at the Generall 
Courte, if it be thereto belonginge, or to the Generall 
Assemblie in those matters proper thereunto ; and if any 
refuse to apeare at that mandamus in the State of Eng- 
land's name and the free people of this State, he shal be 
judged guiltie, and so proceeded with according to fine 
or penaltie. 

It is ordered, that the Solicitor shall prepare all such 
complaintes to the Atturnies hand, not hindering any au- 
thoritie of the Atturnie by oration presented in the So- 
licitor's absence if he please. 

It is ordered, that if in case of prohibitions (as concern- 
ing gunnes, powder, lead, &c.) : it being proved that such 
and such, or any one had a gunn, &c. ; or the Solicitor 
bona fide, in his owne knowledg, doe knowe and can 
sware, &c. ; that such a one was posest of a gunn, &c., 
as his owne proper goods, and upon demand of the 
Solicitor cannot produce, or will not give a good account 
what is become of it, before one or two persons or the At- 
turney, he shall be judged guiltie of breach of the lawe, 
and to be accordingly dealt withall ; and that the lawe 
shall extend to enquirie especially of gunnes and other 
prohibitions, as powder, shott, leade, wine or liquors that 
hath been marchandized or convayed away to the Indians 
since the lawe made in that respect. 

Mr. William Dyre is deputed Generall Atturney for the 
Colonic, and ingaged. 

Hugh Buit is deputed Generall Solicitor, and In- 
gaged. 
Triming. It is ordered, that each Towne shall order its owne mi- 
litia, any lawes or clawses in any lawe formerly made, 
notwithstandinge. 

It is ordered, that the Generall Recorder shall have five 
shillings for ech coppies of the orders of the Courte hould- 



AND PROVIDENCE PLANTATIONS. 227 

en at Warwick, payed unto him by ech Towne ; and ten 1650. 
shillings for ech coppie of the orders of this present ^-^"^'"^•' 
Courte, to be payed upon the deliverie of ech coppie to 
ech Towne. 

It is ordered, that the council! of ech Towne be in-Mr.wii- 

' liams' Debt 

joyned forthwith to proportion Mr. V/illiams that debt and 
other summes apoynted thereto, according to every man's 
strength and state ; which summes being made knowne to 
every inhabitant thereof, they that bringe in their propor- 
tions within twentie dayes after notice is given, shall be 
free from that penaltie ; and the rest in Generall, and ech 
man in particular shall be lyable to the penaltie of the for- 
feituer of ten pounds ; which summes shall be forthwith 
taken by destraint by a warrant from the chiefe officer of 
the Towne, and the penaltie also in case he resist him, 
and in case the Councell refuse to make such a rate or 
levie, that then they shall forfeit fortie pounds. 

It is ordered, that if [there is] any poore man amongst J'^™ ^*** 
us, not worth five pounds, the Towne Councell shall au- 
thorize the sayd poore man by a speciall signification to 
the office whither the sayd poor man shall resorte, and 
proceede under the title of form a pauperis. 

It is ordered, that whatever actes have paste in anywegaiAct* 
Courte formerly illegally, are by the authoritie of this 
present Courte nullified. 

It is ordered, that if any man shall damnific a man, and Attachmont 
the man live in another collonie, and yet hath an estate 
here, that estate is responsible for all such damage by at- 
tachment in any particulai Courte, or in the GeneraU 
Courte, any law notwithstandinge. 

It is ordered, that no Magistrate shall take any testimo- Testimony 

° to be taken 

ny but what shall be by their owne hande written ; and J'^^^^g^'^sis 
that no evidence of another man's writing shall be signed 
for a testimony under a magistrate's hande. 

It is ordered, that he that shall be molested by an un- ynj"f? "^o- 

, ' •' lestation. 

just indictment, the partie that hath sworne the sayd in- 
dictmentj if his oath prove not to be true, the partie 



228 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1650. greeved shall recover his costs and sufficient damages by 
'-^"''"^^an action of the case, and the partie so ofFendinge shall 
be punished bj sitting in the stockes six owers, or pay 
twentie shillings to the the Courte to which it belonge. 

It is ordered, that a committee of six men of ech 
Towne shall be chosen out of ech Towne to meet foure 
dayes before the next Generall Courte, and to have the 
full power of the Generall Assemblie, and ech committee 
man to be allowed two shillings and sixpence per man a 
day by the Towne that chose them ; also the like wages 
for this Generall Assemblie. 
ZsgvLf Be it enacted by this present Assemblie, that whosoever 
stat°.^ shall speake wordes of disgrace contemptuously under- 
valuing of that Honored State of England, he shall suffer 
a severe punishment according to the judgment of his 
peers, theare fault being proved by tw^o lawfull wit- 
nesses. 

FFINIS. 



Acts and orders made at the Sessions of Generall Assembly 
the 2Qth off October, Anno. 1650, by the Representatives 
for (hat service elected. 

Whereas, by the powre of the last Generall Assemblie 
for election, held at Newport in May last, where, by au- 
thority, an act was then established, that the Representa- 
tive Committee should have the full powre of y^ Generall 
Assembly ; and who, when being lawfully mett, and or- 
derly managed, did toward the latter end of that sessions, 
enact and give order for a new election of another repre- 



AND PROVIDENCE PLANTATIONS. 229 

sentative, to assemble and sit with the like authoritie in 1650. 
October following ; the which being accordingly now as- ^-^'•v-*.*^ 
sembled and orderly managed, do by the authority and 
powre of the said ordinance, in the name and powre of 
the free people of this State, enact these lawes fol- 
lowing. 

It is ordered, that from henceforth the representative 
committee being assembled and having enacted law or 
lawes, the sayd lawes shall be returned within six 
dayes after the breaking up or adjournment of that As- 
semblie ; and then within three dayes after, the chiefe of- 
ficer of the Towne shall call the Towne to the hearing of 
the lawes so made ; and if any freeman shall mislike any 
law then made, they shall then send their votes with their 
names fixed thereto vnto the Generall Recorder within 
tenn dayes after the reading of thoss lawes and no longer. 
And if itt appeare that the major vote within that time 
prefixed shall come in and declare itt to be a nullity, 
then shall the Recorder signifie it to y* President, and the 
President shall forthwith signifie to y° Townes that such 
or such lawes is a null, and the silence to the rest shall be 
taken for approbation and confirmation of the lawes made ; 
and it is ordered further, that the eleventh lawe made 
at Portsmouth, May 20, 21, 1647, is repealed. 

Representative Court. 

Ordered, that the representative committee for the 
Colonic shall alway consist of six discreet, able men, and 
chosen out of each Towne for the transacting of the af- 
faires of the Commonwealth ; and being mett, they shall 
have powre to make and establish rules and penalties for 
the ordering of themselves during their sessions. 

Banishment. 

Ordered, that no person within this Colonic shall at any 



230 RECORDS OF THE COLONY OF RHODE ISLAND, 

1650. time be banished therefrom [by] any law or clawse thereof 
'-^"^'"^^ formerly made, notwithstanding. 

Arrest of Strangers. 

Ordered, that it shall be lawfull for any stranger to ar- 
rest any person or persons in the Towne wher he can ap- 
prehend him, and that they shall be tryed in the Towne 
wher they are arressted (whether by a purchased Courte 
or a Courte of the orderly times) ; provided, that y^ de- 
fendant have libertie of a supersedious, which benefit, if 
he take, then shall he putt in sufficient securitie to pay 
all charges of the Gen'l. But if it be the plaintiff, and 
being not an inhabitant of the Colonic, and desireth a 
writt to the Generall Courte for any stranger that he ar- 
resteth ; then shall the said plaintiff putt in sufficient se- 
curity to him of whom he hath his writt of, to defray all 
charges of the Gen'l. Provided, also, that if the partie 
plaintiff and defendant shall desire a purchased Courte in 
the Towne, then he or they shall lay down so much money 
as will defray the charges thereof, and so shall have a le- 
gall tryall ; Provided, also, that when judgment and exe- 
cution is served, his body (where goods is not to be 
levied for satisfaction) being taken and imprisoned, and 
the recoverer shall desire to have it so ; then shall the 
same order be taken with him as is with a poore debtor ; 
provided, that the officer that takes security for the prem- 
ises, it shall be sufficient, or else he shall be liable to pay 
it himselfe ; and that the officer shall have powre to sub- 
poena in the case ; and also that the Generall Sarj't shall 
have powre to levie the execution in the cause so issued* 

Ordered, that from henceforth if any plaintiff lett fall 
his suite after an arrest, yett not compleatly issued by 
law, it being proved to the Court when itt is sett ; that 
the said Court then shall signe the bill of costs without 
further trouble. If not paid, execution shall be granted 
for the recovery of the said costs so proved. 



AND PROVIDENCE PLANTATIONS. 



Divorce. 




Ordered, that no bill of divorce shall stand legall in 
this Colony butt that which is sued for, by the partie 
grieved, and not to be by law conferred for any other 
case but that of Adulterie ; and that to be proved by the 
partie grieved, eyther by the man against the woman, or 
the woman against the man ; and that neither partie shall 
procure devorce by accusing themselves of the same fact, 
except the contrarie partie be greeved, and sue to y^ 
Generall Assemblie for divorce ; then it being so granted, 
each partie shall be [as] free from each other as they 
were before they came together. 

Ordered, that no act shall be in force in this present 
Assembly, nor any ether of this kind, except there be 
thirteen agreeing in the voate. 

Ordered, that a letter be sent to Mr. Williams to 
capitulate about his going to England ; and it is ordered, 
also, that the State is willing to pay the hundred pound 
that is dew to him, and a hundred pound more ; and if 
he refuse, Mr. Baulston, Mr. Jo. Clarke and Mr. Warner 
are nominated, for two of them may goe. 

Ordered, that when goods or cattle are taken upon 
execution, they shall be prized by two indifferent men, (if 
they cannot agree they shall chuse a third,) as the Sar- 
jant shall require, upon forfeiture of ten shillings a peece 
to y^ State Treasury if they refuse, and to be allowed 
twelve pence a peece for their paines. If they prize too 
high, the goods or cattle shall be turned on the prizers 
hands. If too low, the partie cast shall have libertie of 
six dayes to redeem them, paying y* charges. And the 
Serjant shall returne the writt the first day of the next 
Courte ensuing ; and goods or cattle so taken shall be 
delivered to him or his attorney. The forfeiture shall be 



232 RECORDS OF THE COLONY OF RHODE ISLAND, 

1650. levied by a distringas from y*" Generall Officer of that 
^-'"^"^^'Towne. 

Ordered, that if any person shall misbehave eyther 
rudely or contemptuously in a Courte of Justice, the 
Judges of the Courte shall committ him to y^ stocks or 
pay five shillings : the jury present first finding him 
guiltie. 

Ordered, that Ralph Earle making to appeare \17hat is 
dew to him for the committee, when y" Charter first 
came, and demanding of y'' Towne what is their propor- 
tion ; if the Towne pay him not within six weekes after 
intelligence he shall have his action against that Towne. 

Ordered, that all lawes concerning testimonies shall 
be of force. And it is further agreed that all witnesses 
that may conveniently be had, shall appeare viva voce at 
y" Courtes ; and if he appeare in person, the affedavitt 
shall be nothing (if formerly there be one taken) ; And 
further it is ordered, that if there are any that can give 
any substantiall witness or testimonie and shall refuse to 
attend the subpoena ; and proved against him, he shall 
forfeit five pounds ; further, it is agreed, that y^ General 
Recorder shall take in writting all testimonies' given in 
Courte and file them. 

Ordered, that any Generall Officer or Recorder shall 
have powre to grant forth writts of subpoenas ; by au- 
thority whereof, the partie witnessing shall come to y^ 
Magistrate or to the Courte, and give in their testimony, 
and that any man may serve a subpoena. 

Ordered, the Clarke is to have two shillings and six 
pence a copy. 

WILLIAM DYRE, Clerk Ass. 



AND PROVIDENCE PLANTATIONS. 




Acts and orders made at the Generall Sessions of the 
Committee at Providence^ the ith of November, 1651. 

Whereas, it is evident and apparent that Mr. Nicholas 
Easton being formerly chosen President of the Province of 
Providence Plantations, hath of late deserted his office, 
and hee, together with the two Townes upon Rhode 
Island, viz. Portsmouth and Newport, have declined and 
fallen off from that established order of civill government 
and incorporation amongst us, by meanes of a commission 
presented upon the sayd Island by Mr. William Codding- 
ton, Wee, the rest of the Townes of the sayd jurisdiction, 
are thereupon constrained to declare ourselves, that wee 
doe professe ourselves unanimously to stand imbodyyed 
and incorporated as before, by virtue of our Charter, 
granted unto us by that Honourable State of Ould Eng- 
land, and thereby doe according to our legall and settled 
order, choose and appoint our officers, institute lawes, ac- 
cordinge to the constitution of the place and capassitie of 
our present condition, prosecutinge, actinge and execut- 
inge, in all matters and causes, for the doinge of justice, 
preservation of our peace, and maintaininge of all civill 
rights between man and man, accordinge to the Honoura- 
ble authoritie and true intent of our foresayed Charter 
granted unto us. 

[The towns of Providence and Warwick appointed Mr. Williams 
their agent to go to England; and solicit a confirmation of their charter 
privileges. In the mean time, Plymouth and Massachusetts renewed 
their dispute before the commissioners of the United Colonies about 
Warwick. In September, Plymouth was advised to take possession of 
that plantation by force, unless the inhabitants would willingly submit 
themselves to their jurisdiction. This undoubtedly hastened the ap- 
pointment of an agent to England. The proceedings of Mr. Coddington 



234 RECORDS OP THE COLONY OF RHODE ISLAND, 

1651. 'were not approved by all the inhabitants of the islands over which he was 
■_0~ ^-^_- appointed Governor. Forty-one of the inhabitants of Portsmouth, and 
sixty-five of the inhabitants of Newport joined in requesting Dr. John 
Clark, of Newport, to proceed to England as their agent, and solicit a 
repeal of his commission. Mr. Williams and Mr. Clark sailed together 
from Boston, in November. The objects of their respective missions 
were different. Mr. Clark was the sole agent of the island towns, to 
procure a repeal of Mr. Coddington's commission. Mr. W illiams was 
the sole agent of Providence and Warwick, to procure a new charter for 
these two towns. It seems to have been admitted that the commission of 
Mr. Coddington had, in effect, vacated the previous charter. — Staples^ 
Annals, p. 82. 



From Pau'uxit, this first day of the 1th mo. 1651. 

Much honoured, 

I thought it my dutie to give intelligence unto the much honoured 
Court of that which I understand is now working here in these partes. 
So <hat if it be the will of God, an evill may be prevented before it come 
to too great a head, viz. 

Whereas, Mr. Coddington have gotten a charter of Road Hand and 
Conimacuke Hand to himselfe, he have thereby broken the force of their 
ch&rter that went under the name of Providence, because he have gotten 
away the greater parte of that colonic. 

Now these company of the Gortonists that live at Showomut, and that 
company of Providence are gathering of £200 to send Mr. Roger Wil- 
liams unto the Parlyament to get them a charter of these partes, they of 
Showomut have given £100 already, and there be some men of Provi- 
dence that have given £10 and £20 a man to helpe it forward with 
specde, they saye here is a faire inlett, and I heare they have said, that 
if the Parlyament doe take displeasure against Massachusett, or the rest 
of the colonies, as they have do:ie against Barbadas and other places, then 
this will serve for an inroade to lett in forces to over-rune the whole 
country. 

It is great petie and very unfitt that such a company as these are, they 
all stand professed enemies against all the united colonies, that they 
should get a charter for so smalc a quantity of land as lyeth in and about 
Providence, Showomut, Pautuxit and Coicett, all which now Roade Hand 
is taken out from it, it is but a strape of land lying in betweene the col- 
onies of Massachusits, Plymouth and Conitaquot, by which means, if 
they should get them a charter, off it there may come some mischiefe and 
trouble upon the whole country if their project be not prevented in time, 
for under the pretence of liberty of conscience about these partes there 
comes to live all the scume the runne awayes of the country, which in 
tyme for want of better order may bring a heavy burthen upon the land, 
&c. This I humbly commend unto the serious consideration of the 
much honored court, and rest your humble servant to command. 

WILLIAM ARNOLD, 



AND PROVIDENCE PLANTATIONS. 235 

They are making hast to send Mr. Williams away. 1651. 

We that lieve heere neere them and doe know the place and hear their 
wordes and doe take notice of their proceeding doe know more and can 
speake more of what evill may come to the country by their meanes, 
then the court do yet consider off : We humblie desire God their pur- 
pose may be frusterated for the country's peace. 

I humblie desire my name may be conceled, lest they hearing of what I 
have herein written they will be enraged against me, and so will re- 
venge themselves upon me. 

Some of them of Showomut that crycth out much against them which 
putteth people to death for witches ; for say they tliere be no other 
witches upon earth nor devils, but your own pastors and ministers and 
such as they are, &c, 

I understand that there liveth a man amongst them that broke prison 
either at Conitaquit, or New^-Haveu, he was apprehended for adultery, 
the woman I heare was put to death, but the man is kept here in safe- 
tie in the midest of the united colonies ; it is time there were some 
better order taken for these partes, &c. 

I have hired this messenger on purpose. I humblie desire to heare if this 
letter come safe to your hanAs.j—Hazard's Slate Papers, p. 555. 



Providence, the 4th of November, 1651. 
The Commissioners of Warwicke and Providence being 
mett. 

Robert Williams, 



Providence Committee. < 



Thomas Harris, 
Hugh Bewit, 
William Wickenden, 
Thomas Olney, 
Grregorie Dexter. 



Mr. Samuel Gorton, 
Mr. John Weekes, 

Warwick Committee. <[ ^^^^ ^^^^^^' ^^^^^^^ 
Mr. John Smith, 

Mr. Robert Potter, 

Stukely Wascote. 

16 



f 

236 RECORDS OF THE COLONY OF RHODE ISLAND, 

1651. Ordered, That Mr. Gorton is moderator of this iVs- 

-*"^'"'*-'sembUe. 

Ordered, That Mr. John Greene, Jr., is Chirke of this 

AssembUe. 

Ordered ; That the lawe makinge Assemblie of this 
Collonie shall consiste of six men of every Towne of this 
CoUonie ; and that these six men of every Towne, shall 
be chosen by the free inhabitants of every severall Towne, 
and the major vote of this Assemblie shall acte in mak- 
ing lawes ; and in case there be not a full apearance, 
the townsmen or men of the defective Towne or Townes 
that apeare, shall make up their number by choosing in 
the Towne where the Courte is kept, provided, they are 
freemen of the Collony. 

Ordered ; That a letter be drawn up and sent to Mr. 
Philip Sherman, late Recorder of this Collony, to demand 
the records belonging to the Collonie. 

Ordered ; That every committee man attendinge the 
Court shall have three shillings per day of their Towne ; 
and every man of the committee not attendinge the 
Townes service shall forfeit the like out of his owne purse, 
for payment of those that attend in their roome ; and in 
case it be not payed upon demand to the Generall Sar- 
jeant, or his assighnes, then it is to bee taken by dis- 
tresse, and the common fees also, and soe the Serjeant is 
to pay the men. But in case the Towne be satisfied by 
his apollogie, then shall they pay him againe ; and a note 
under the Secretaries hand mentioninge the absent par- 
ties, shall bee a sufficient warrant for the Generall Sar- 
jeant to distrayn. 

Ordered ; That no purchase shall be made of any Land 
of y*" natives for a plantation without the consent of this 
State, except it bee for the clearinge of the Indians from 
some particular plantations already sett down upon ; and 
if any shall so purchase, they shall forfeit the Land so 
purchased to the Collonie, as also the President is to grant 
forth prohibition against any that shall purchase as afore- 
sayd. 



AND PRO^^DENCE PLANTATIONS. 23*) 

Ordered ; That in nil causes pending in any Court of this 1651. 
Collonie, the progresse of lawe shall be after this order, ^-^-v-—"^ 
Neither plaintiffe nor defendant shall have above one de- 
mur at their owne libertie ; nor that, except hee that de- 
sires it will lay downe the cost of the present Courte, and 
wait for the cominge of it in, while the cause be issued. 
If hee demur not before the jury bee pannelled, the jury 
shall receive their pay, whether they goe upon the cause 
or no. Also, if he demur not before the jury bee gone 
forth, it shall bee at the discretion of the bench, whether 
he shall demur or no ; and though the bench graunt him 
his demur, they shall make him pay the charge of the pres- 
ent Court out of his own purse. After verdict given, there 
shall be no demur, but there shall be ten dayes libertie 
before execution be served, for a review in the same 
Court, or an appeale to the Generall Court ; and if he re- 
view in the same Court, he shall also have ten dayes lib- 
ertie for appeale to the Generall Court ; and for demurs 
in the Generall Courte the like libertie as aforesayd, and 
one review at the discretion of the bench. But upon all 
reviews, the charge of the whole suite shall be out of a 
man's owne purse, onely the execution of the principal 
shall be stayed, and no demur upon review to be granted 
in any Court. And if havinge had one demur, he shall 
desire a second in any Court, and the bench in that Court 
judge his desire reasonable, they shall have libertie to 
grant him a second demur, payinge presently as afore- 
sayd, upon reviews all the cost and charge out of his 
owne purse ; and such cost never to be charged upon any 
other, neither in demurs nor reviewes. 

Ordered ; That all causes shall be tryed in the first 
place in the Towne Courte, all former lawes notwithstand- 
iuge, except these foUowinge, which shall properhe be- 
longe to the Generall Court of trialls, videlicet, if a person 
or persons bee accused of willful murder, or malitiously 
dismembringe any person, or charged with rape, or bug- 
gerie, or takinge away life, or dismembringe. 



238 RECORDS OF THE COLONY OF RHODE ISLAND, 

1651. Ordered ; That in causes of presentments that aper- 
-^"^-^*-' tains unto the Generall Court of Tryalls, the partie what- 
soever he bee, if on the grand inquest shall fixe his name 
to his bill presented. 

Ordered ; That this be added to the lawe concerning 
the Generoll Sarjeants office, that if hee wilfully neglect 
the prosecuting of any warrant belonging to him, he shall 
forfeit to the partie wronged what dammadge he is at 
thereby, any lawe to the contrary notwithstandinge ; 
Likewise he shall have power to make any man hee can 
get his deputy, being ingadged, and that hee shall be lia- 
ble to no arrest, but only summons, and the point of im- 
prisonment is left to the Serjeant's discretion untill further 
notice. 

Ordered ; That the President, with the consent of one 
of the Assistants, shall have power to call a Generall 
Court of Committee and appoint a place and time, at 
their discretion. 

Ordered ; That the next Court of election in May, bee 
held at Warwicke, as also the Court of Tryalls, accordinge 
to former order. 

Ordered, that in case any person bee legally prosecuted 
against in any Towne, execution beinge granted, the Gener- 
all Sarjeant receives from the Court where the cause was 
tryed, power to serve the execution, he may serve it in any 
vacant part of the Collonie, or any corporation, except 
the Court of that Towne prohibit him in the limits there- 
of ; yet his execution shall stand good elsewhere; and in 
case the partie think himselfe wronged by the prohibition, 
hee shall have redresse by a Court of Commissioners. 

Ordered ; That the Clarke shall write forth the orders, 
-and send them to each Towne, and they shall pay him five 
shillings for his paines. 

A true copy, by mee, 

JOHN GREENE, Junior, 

Clarke of the Assembly. 



AND PROVIDENCE PLANTATIONS. 




At the Assembly Generall, of Providence Plantations, 
this 25th of February, 1652, associated at Patuxit. 



The names of Providence 
Commissioners. 



'WilUam Wickenden, 
Gregorie Dexter, 
Hugh Bewitt, 
Thomas Harris, 
Thomas Angell, 

^ Henry Browne. 



The names of Y7arwicke 
Commissioners. 



Ezekiel HoUiman, 
Stukely Wascote, 
John Townsend, 
Richard Townsend, 
Walter Todd, 
John Greene, Jun'r 



Ordered, that Mr. Gregorie Dexter is Moderator of the 
Assembly for the present day. 

Ordered, that John Greene, Generall Recorder, is chos- 
en Clarke of the Assembly. 

Ordered, to adjourn for half an houre. The Court 
being sett. 

Ordered, that the Recorder shall transcribe and sighne 
the letter which is drawn forth to bee sent to the 
Island. 

It is ordered, that two of the Commissioners from each 
Towne bee chosen as messengers to carry the sayd letter 
(namely, Gregorie Dexter, Hugh Bewitt, Stukely Was- 
cote, and John Townsend) now drawn forth by the Com- 
missioners in answer to the letter sent to the Townes, sub- 
scribed by John Sanford, William Baulstoue, William Jef- 
fery, and John Porter ; and those four messengers are to 
present this letter to the view of two at the least of the sayd 



240 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652, gentlemen, or give notice to some other of tliem to whicli of 
^-*'^-'"**^' them they have delivered it ; and farther, that these foure 
messengers shall have libertye to consult and advise with 
those foure abovesayd men, or any of them accordinge to 
their wisdomes for the peace and welfare of the Collony. 
And after the returne of these messengers aforesayed, 
if they shall see cause for the meetinge of the aforesayed 
Commissioners, they shall apoint both time and place, 
and informe the Recorder thereof; And the sayed Re- 
corder is authorized by vertue hereof to give notice to the 
Commissioners abovesayd of time and place. And further, 
in case the sayd Recorder shall receave any thinge from 
the two Townes of the Island, or their Commissioners, 
hee shall forthwith give notice thereof to the Commission- 
ers of both these Townes. And so the Court is adjourned 
for the present, untill further notice as aforesayed. 
By the Court, 
JOHN GREENE, Recorder. 



March if first, 1652. 

An Assemblie of y'' Colonie at Portsmouth, to heare 
and receive y" orders from y"" right Honourable y*" Councill 
of State. 

Mr. Nicholas Eastou, chosen Moderator. 

The orders weare read, and Mr. Holland his letter. 

Ordered, by y*" present Assemblie, that all officers that 
were in place when Mr. Coddington's Commission ob- 
structed, should stand in these places, to act accordinge to 
their former Commissions upon y" Island ; and y'' rest in 
y^ Collonie accordinge as they had beene annually chosen, 
vntill a new election according to former order. The 



AND PROVIDENCE PLANTATIONS. 



241 



election to be held the first Tuesday after y^ 15th of 1652. 
May; and according to y*" Councill's order (viz.), that ^-«»-.-^ 
we are to act by any order given by act of Parlement. 

The orders of y" Counsell of State are delivered into y* 
hands of Mr. Nicho. Easton, till further order. 



Acts and Orders made at the Generall Court of Eelection 
held at Warwick this ISth of May, anno. 1652. 

The Commissioners of Providence and Warwicke being 
lawfully mett and sett. 



Namely, Providence 
Commissioners. 



Mr. Robert Williams, 
Mr. Gregorie Dexter, 
Richard Waterman, 
Thomas Harris, 
William Wickenden, 
Iluffh Bewitt. 



Warwicke 
Commissioners. 



Mr. Samuel Gorton, 
Mr. John Weekes, 
Mr. John Smith, 
Mr. Randall Houlden, 
Mr. John Greene, Senior. 
Mr. Ezekiel Holliman. 



It is ordered, that Mr. Samuel Gorton is chosen moder- 
ator for the committee for this present day. 

It is ordered, that the Court of Committee bee ad- 
journed while two of the clocke in the afternoon ; in the 
meantime the election to proceed. 

The Courte of Election beinge begun, they have chosen 
the President, Mr. Samuel Gorton, Moderator. 



242 KECORDS OF THE COLONY OF RHODE ISLAND, 

1652. Generall Officers chosen, namely. 
^-^^'^^^ Mr. John Smith, President for y^^ Collonie. 

Mr. Thomas Ohiey, Gen'l Assistant for Providence. 

Mr. Samuel Gorton, Gen'l Assistant for Warwicke. 

John Greene, Junior, General Recorder. 

Mr. Randall Houlden, Treasurer. 

Hugh Bewitt, Gen'l Sarjeant. 

Ordered, that the Generall Recorder bee the Secretarie 
for the committee, being now orderly mett. 

Ordered, that whereas there is a lawe concerninge try- 
inge of a person if hee consent ; it is further ordered, 
that in case any person consent not, the bench shall de- 
pute an Atturney to pleade in the parties behalfe in the 
audience of the bench and jury ; and so the case shall 
proceed immediately to triall, and no demur shall be in 
this case, but by consent of the bench. 

Ordered, Mr. John Smith is chosen Moderator for this 
19th of May, 1652. 

Ordered, that if any person shall sue out an appeale to 
the Generall Courte of Trialles, there shall be no more 
plea made, nor evidence given into the sayd Generall 
Court than was in the particular Towne Courte where the 
matter was first heard. 

Ordered, that the President and Assistants, or any of 
them, have power to summons any person throwout this 
whole Collonie to any Generall Court whereunto the case 
belongs, and to bind over by recognizance, whether the 
partie consent or no ; and any person so bound, no mak- 
inge over of estate shall be in force in any case to prevent 
due execution of Justice. And the same course may be 
taken for the bindinge to good behaviour or the like. 

Ordered, that the discretion of the bench in any ac- 
tionall case, either plaintive or defendant, may have two 
of the jury putt off, and no more ; as also in criminal!* 
causes that properly are annexed to the Generall Court of 
Tryalls ; the delinquent may have libertie of peremptorie 
challenge against halfe the jury, and no other challenge. 



AND PROVIDENCE PLANTATIONS. 243 

In the 18th kiwe that was made at the Generall Ses- 1652. 
sions at Newport, May the 23d, 1650, it is ordered, that ^-^^--^-^ 
these wordes (and the judgment and execution, sc.) bee 
thus altered (or else, and execution, sc). 

Ordered, Whereas, we have in lawe that expresseth 
that warrants in this Collonie sent forth by the officers 
thereof, and to goe under the seale of his office, this present 
Assemblie declares that the sighning of the sayd warrant 
or summons, with the title of his office, is now declared to 
bee the seale intended. 

It is agreed, that the case of Priscilla Warner now de- 
pending in the Generall Court of Trialls, shall there be 
issued. 

Whereas, there is a common course practised amongst 
English men to buy negers, to that end they may have 
them for service or slaves forever ; for the preventinge of 
such practices among us, let it be ordered, that no blacke 
mankind or white being forced by covenant bond, or oth- 
erwise, to serve any man or his assighnes longer than ten 
yeares, or untill they come to bee tv/entie four yeares of 
age, if they bee taken in under fourteen, from the time 
of their cominge within the liberties of this Collonie. 
And at the end or terme of ten yeares to sett them free, 
as the manner is with the English servants. And that 
man that wiU not let them goe free, or shall sell them 
away elsewhere, to that end that they may bee enslaved to 
others for a long time, hee or they shall forfeit to the Col- 
lonie forty pounds. 

Ordered, that all Dutchmen, except inhabitants amongst 
us, are prohibited to trade with the Indians in this Collo- 
nie ; and in case they bee found to transgresse herein, 
they shall forfeit to the Collonie, goods and vessell if 
proved ; and this order to bee in force two months after 
the date hereof; and if this case come to bee tryed, it 
shall be tryed in the Generall Court of Tryalls. 

The President, Mr. John Smith is chosen Moderator of 
the Assembly this 20th of May, 1652. 



244 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. Ordered, that the President shall give notice to the 
^-*^^'"*^ Dutch Governor of the Menadoes touching the lawe of 
prohibition of trade with the Indians. 

Ordered, that the Generall Sarjeant shall performe the 
office of a waterbayley in and for the Generall afayres. 

Ordered, that the Generall Recorder shall ingadge the 
Generall Assistant elected for the Towne of Providence. 

Ordered, that hereafter the Generall Court of Trialls, 
which are to bee held in the month of May, shall begin 
the third Tuesday after the day of election, all former 
lawes notwithstandinge, except this next Court in May. 

Ordered, that the Recorder being Clarke of the As- 
sembly, shall send a coppie of these orders to each 
Towne, and have six shillings, eight pence for his paines, 
of each Towne. 

Ordered, that the next Courte of Trialls in October, bee 
at Providence, as also the next Court of Election bee held 
at Providence, and the Court of Trialls succeedinge elec- 
tion ; and that accordingly these courts shall bee by 
turnes from henceforth in each Towne. 

Ordered, that this next Court of Trialls in May now 
apointed to be holden, shall be prorogued vntill the first of 
June next ensuinge ; and both jury and all legall bonds, 
and whatsoever matters doe by order belonge to the sayed 
Court of May, shall belong to the next court of June, 
the first, any former lawe to the contraric notwithstand- 
inge. Neverthelesse, in case the Towne see fit, they 
may have libertie to alter their jurymen, provided they 
chuse others in their roome and returne them to the Re- 
corder orderlie. 

Ordered, that a coppie of this order bee sent to Provi- 
dence speedilie, that they may take order accordingly. 
By the Committee, 

JOHN GREENE, Junior, 

Secretarie. 



AND PROVIDENCE PLANTATIONS. 




At our Generall Assembly held at Providence, the 28th 
of October, 1652. 

Mr. John Smith chosen Moderator for the day. 

Mr. Gregorie Dexter chosen Recorder for the Assembly 



duringe sessions. 



Providence 
Commissioners. 



' Robert Williams, 
Richard Waterman, 
Gregorie Dexter, 
Thomas Hopkins, 
James Ashton, 
Thomas Harris. 



For Warwicke. 



Samuel Gorton, 
John Smith, 
Randall Houlden, 
Robert Potter, 
John Wickes, 
John Greene. 



John Smith moderator for this present day. 

Ordered, that a Generall Savjeant bee chosen to suply 
the place of Hugh Bewitt, [he] beinge absent duringe 
this Assembly ; and that Samuel Bennet shall be the sayd 
Sarjeant, and is engadged with full power to execute the 
sayd office. 

Ordered, that Thomas Olney, senior, shall bee Commis- 
sioner to suply the place of John Greene, being absent, 
being chosen according to order. 

Ordered, that the jurymen bee dismissed from farther 
attendinge, because there is no case depending for 
try all. 

It is ordered by this present Assembly, that no forin- 



246 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. ner, Dutch, French, or of any other nation, shall bee re- 
^^^'''■^-' ceivecl as a free inhabitant in any of the Townes of our 
Collonie, or to have any trade with the Indians, or In- 
dians inhabitinge within our aforesayed Collonie, directly 
or indirectly ; that is to say by themselves, or any one of 
them, or by any other person whatever, but by the gen- 
erall consent of our Collonie, orderly mett and manadged, 
notwithstandinge any former order to the contrary. 

Forasmuch as this present Assembly is informed that 
some ill effected and rude persons within this Collonie are 
apt to carry themselves A^icivilly in givinge out speeches 
tendinge to the disparagement of others, by callinge them 
out of their names, or otherwayes to villifie them ; yea, such 
as are in place and office as others, which tends much to 
the disparidgement, not only of the government heere es- 
tablished, but also reflects upon the State and Common- 
weale of England, our honorable protectors. It is enacted 
therefore by this present Assembly, that whosoever uter- 
eth such wordes as are to the disparidgement of another, 
savoringe of malice or an imbittered spirit, shall bee ac- 
tionable in every Towne of this Collonie ; and the 
partie so speakinge, beinge lawfully convicted, shall bee 
punishable accordinge to his fact in the judgment of his 
peeres. 

It is ordered, by this present Assemblie, that the letters 
and orders apointed, shall bee sighned by the Generall Re- 
corder ; and that they shall be transcribed, and the rest 
which are two, are to be done within the space of five 
dayes, and that hee shall have six shillings alowed for 
writinge them. 

It is also concluded, that John Greene, Generall Re- 
corder is fined for his not atendinge the Court, neither as 
Recorder or Commissioner, the sum of fifteene shillings. 

It is ordered, that the Sarjeant chosen for this present 
Assemblie is to have the pay which had been due to Mr. 
Dexter, in case hee had atended the Court, because of his 
neglect thereof. 



AND PROVIDENCE PLANTATIONS. 




Providence, the '2Wi of October, 1652. 
Whereas, wee have been credibly informed that several 
of our neighbours of Warvvicke have through misapprehen- 
sion concluded (that these our lovinge neighbours chosen 
by the Towne of Warwicke, legally summoned together) 
are no lawfull committees to make lawes for this sayd 
CoUonie, givinge out divers such speeches to the same 
purpose, possessinge the mindes and breasts of people of 
some hainous offence, and matters intended by the sayd 
persons of Warwicke against our present State. And 
whereas, there hath been a writinge sent to the neigh- 
bours of Providence, vnder the hands of severall of the 
inhabitants of Warwicke touching the premises, wherein 
there is just cause of offence taken by this present commit- 
tee, as judginge that the sayd wrightinge if strictly stood 
vpon, is punctually against the maine of the lawes of this 
CoUonie, although its probable most of the subscribers 
thereunto did not so well understand the error as the 
truth, is too apparent. This present committee, takinge 
the premises into serious consideration, as well knowinge 
if such practices bee maintained, or at the least winked 
at, it would not only bee prejudistiall to oure poore estate, 
to stir vp strife and contention amongst ourselves, but also 
dishonourable to the State or Commonweale of England, 
can do no lesse in the vindication of the honour of our 
Governours aforesayd, but protest against that illegallitie 
aforesayd, and afirme that the sayd persons of Warwicke 
so chosen for committees, are true and lawfull commit- 
tees, and this present Court a legall Court. Therefore 
•wee doe rather desire, although wee might command that 
the clamours of people might bee stopped touchinge any 
legality aforesayed, but rather that unity and peace may 
still bee preseved in our poore Collony. This being a 



248 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. true and kiwfall vindication as aforesayed, wee subscribed 
-*^-^'»^ it by the hand of this present power. 

Now followeth a true coppie of the letter formerly 
spoken of. 

[Mr. Roger Williams.] 

Honored Sir : 

Wee may not neglect any 
oportunity to salute you in this your abscence, and have 
not a little cause to bless God, who hath pleased to selecte 
you to such a purpose, as wee doubt not will conduce to 
the peace and safety of us all, as to make you once more 
an instrument to impart and disclose our cause unto those 
noble and grave Senatours our honourable protectors, in 
whose eies God hath given you favour (as wee understand) 
beyond our hopes, and moved the hearts of the wise to stir 
on your behalfe. Wee give you hearty thanks for your 
care and dilligence to watch all oportunityes to promote 
our peace, for wee perceive your prudent and comprehen- 
sive mind stirreth every stone to present it unto the build- 
ers, to make firme the fabricke unto us, about which you 
are imployed, labouringe to unweave such irregular de- 
vises wrought by others amongst us, as have formerly 
clothed us with so sad events, as the subjection of some 
amongst us, bothe English and Indians to other jurisdic- 
tions ; as also' to prevent such neere approach of our 
neighbours upon our borders on the Nanhigansett side, 
which might much anoy us, with your endeavours to fur- 
nish us with such amunition as to looke ■ a forreigne 
enemie in the face, beinge that the cruell begin to stirr in 
these western partes, and to unite in one againe, such as 
of late have had a seeminge separation in some respects, 
to incouradge and strengthen our weake and enfeebled 
boddy to performe its worke in these forreigne partes, to 
the honour of such as take care, have been, and are so 
tender of our good, though wee be vnworthy to bee had 
in remembrance by persons of so noble place indued with 



AND PROVIDENCE PLANTATIONS. 249 

partes of so excellent, honourable and abundantly l)cnfi- 1652. 
ciall use. ^-•-v-*^' 

Sir, give us leave to intimate thus much ; that we 
humbly conceive (so far as wee are able to understand,) 
that if it bee the pleasure of our protectours to renew our 
Charter for the restablishinge of our government, that it 
might tend much to the weighinge of men's mindes, and 
subjectinge of persons who have been refractory, to yield 
themselves over, as unto a settled government, if it might 
bee the pleasure of that honourable State to invest, apoint, 
and impower yourselfe to come over as Governour of this 
Collony for the space of one yeare, and so the Govern- 
ment to bee honourably put upon this place, which might 
seeme to add much weight forever hereafter in the con- 
stant and successive deriguation of the same. Wee only 
present it to your deliberate thoughts and consideration 
with our hearty desires that your time of stay there for the 
efectuall perfectinge and fmishinge of your so weighty af- 
faires may not seeme tediouse, nor bee any discouradge- 
ment unto you ; and rather than you should suffer fur loss 
of time heare, or expence there, we are resolved to stretch 
forth our hands at your returne beyond our strength for 
your suply. 

Your lovinge bedfellow is in health, and presents her 
indeered affection. So are all your ffimily. Mr. Sayles, 
also, and his, with the rest of your friends throwout the 
Collony, who wish and desire earnestly to see your flice. 
Sir, wee are yours, leavinge you unto the Lord, wee hear- 
tily take our leave. 

From this Generall Assembly of this Collony of Provi- 
dence Plantations, assembled in the Towne of Providence, 
the 28th of October, 1652. 

JOHN GREENE, 

Generall Recorder. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



At the Generall Assembly of Providence Plantations, 
this 20th of December, 1G52, assembled at Warwicke. 



f Thomas Angell, 

Henry Browne, 

The names of the Providence J William Wickenden, 

Commissioners. | G^i'egorie Dexter, 

Hugh Bewitt, 

James Ashton. 



Warwicke 
Commissioners. 



Ezekiell Holliman, 
Stukely Wascote, 
John Townsend, 
Richard Townsed, 
Walter Todd, 
John Greene, Jr. 



Ordered, that Mr. Dexter is Moderator of the Assem- 
bly for this present day. It is also ordered, that John 
Greene, Generall Recorder, is chosen Clarke for the Gen- 
erall Assembly, duringe Sessions. 

Thomas Harris is chosen Commissioner in the roome of 
James Ashton, being absent. 

Ordered, that a few lines be drawn up and sent to the 
President, as followeth. 



Honoured Sir : 

The Commissioners of Providence and Warwicke 
being assembled together at Robert Potter's house (ac- 
cording to your order) doe earnestly intreat that you will 
be pleased to afford us your presence to informe us of 
those weighty considerations invested in your warrant, 



guiltie of 
treasoD. 



AND PROVIDENCE PLANTATIONS. 251 

wee being assembled together as aforesayed, to advise and 1652. 
order for the peace of this Collony. ^^^-^-^^ 

Dated this 20th day [of December]. 

By the Generall Assembly, 

JOHN GREENE, 

Recorder. 

Ordered, that the Clarke of the Assembly shall reade 
the writinges that are presented to the Assembly. 

Whereas, the Honoured President of this CoUonie with Hugh Bew- 
the Generall Assistant of Warwicke declare unto this As- '" '°"°^ 
sembly of Commissioners, that they have had in examina- 
tion Hugh Bewitt, one of the Commissioners for Provi- 
dence ; and farther declare that accordinge to their en- 
gadgements have found him guiltie of treason against the 
power and authoritie of the State of England ; and that 
they might discharge the trust to them committed, have 
presented him to this Generall Committee to bee dealt 
with accordinge as they shall finde the nature of this fact. 
Wee, the sayd Commissioners being assembled to advise 
and order for the peace of this CoUonie, doe order that 
Richard Townsend shall keep in safe custodie the boddy 
of Hugh Bewitt prisoner, and bringe him before the com- 
missioners to morrow morning, and there present him 
about eight o'clock in the morning. 

Ordered,, that wee adjourne and meet at the house of 
Mr. Warner to-morrow morninge, about eight o'clocke in 
the morninge. 



17 



252 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. 

'^^-v^'^ The 21st day of December. 

Ordered, that Mr. Dexter is chosen Moderator for this 
present day. 

Ordered, that John Sweet being Town Seijeant shall 
keepe in safe custodye the boddy of Hugh Bewitt prisoner 
for this present day, and that the said Hugh Bewitt, pris- 
oner, is not to depart the house or yard, without further 
order. 

Ordered, that Hugh Bewitt, prisoner, hath libertie to 
goe to the ordinarie to dinner, with his keeper, and his 
keeper is to returne him to the Assemblie in an howre 
and halfe. 

Ordered, that the Court is adjourned for an hower. 

Ordered, that the General Recorder shall call forth all 
witnesses and engadge them, and have power to grant 
forth suppenas in all cases duringe this sessions. 

Ordered, that John Greene, Richard Townsend and 
Henry Browne, shall goe forthwith to the howse of John 
"Weekes and take the testimony of Mary Weekes, the wife 
of the sayd John Weekes ; as also the testimony of his 
daughter, Mary Weekes, concerninge the case dependinge 
betwixt the State and the prisoner, Hugh Bewitt, being 
charged of hye treason, and the testimony es to bee taken 
upon engadgement. 

Ordered, that Hugh Bewitt, prisoner, is committed to 
the custody of Richard Townsend, who is to present him 
to-morrow, about eight of the clocke, in the morninge. 

Ordered, that the Court is adjourned till to-morrow, at 
eight a clocke in the morninge. 

The 22d of December. 

Ordered, that Mr. Gregorie Dexter is chosen Modera- 
tor for y'' day. 

Ordered, the Town Sarjeant is to take Hugh Bowitt, 
prisoner, into his custody this present day. 



AND PROVIDENCE PLANTATIONS. 253 

Ordered, that those that arrested the boddy of Hugh 1652. 
Bewitt, prisoner, shall present their warrant to this Court ^-'-"■'-'"*^ 
of Commissioners. 

The Court is adjourned for an howre. 

The Commissioners being mett, it is ordered, that a 
Generall Sarjeant bee forthwith chosen and engadged to 
atend upon the Court duringe sessions. It is also order- 
ed, that Robert Wascote is the said General Sarjeant, and 
is engadged. 

Ordered, that Hugh Bewitt, prisoner, is alowed his at- 
turneye, accordinge to la we. 

That the due administration of justice be not hin- 
dered. 

Bee it enacted, that from henceforth no Generall con- 
servator of the peace shall be arrested throwout this Col- 
lony, in any case betwixt party and party, but summoned, 
any lawe formerly notwithstandinge, and the summons to 
bee as sufficient as an arrest. 

Ordered, that the Court is adjourned while to-morrow 
morninge at eight o'clock. 

The 2Zd of December. 

Ordered, that Mr. Gregorie Dexter is chosen Moderator 
for this present day. 

Ordered, that the Sarjeant shall forthwith bringe before 
the committee the body of Hugh Bewitt, prisoner, who 
stands areighned for treason against the power and au- 
thoritie of the State, and the Commonwealth of England, 
that hee may have the libertie of an English subject, to 
make his answer to such testimonies as shall bee further 
produced against him. 

The Court is adjourned for an howre. 

Warwicke, this 2Zd of December ^ 1652. 
The declaration, judgment, or verdict of the Generall 
Assemblye of Commissioners in the case dependinge be- 



254 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. twixt the State and Hugh Bewitt, prisoner, who is ar- 
^-^^^^^^ raighnecl for treason. 

Wee, the Commissioners of this Collonie of Provi- 
dence plantations, in the Nanhigansett B?.y, in New 
England, beinge chosen by the free people of the Col- 
lonie aforesayd, to advise and order for the peace and 
place apointed, being orderly assembled at the time and 
safety thereof, by our honored President ; havinge 
receaved a declaration or charge against Hugh Bew- 
itt, one of the said commission, being presented unto 
sayd Court of Commissioners by the sayd President 
of the Collonie, and Generall Assistant of the Town 
of Warwicke, wherein they declare as followeth : 

That upon examination of the said Hugh Bewitt, wee 
found him as wee judged according to our engadgement, 
to bee guiltie of treason against the power and authoritie 
of that honourable State and Commonwealth of England ; 
and accordinge to the trust committed unto us, doe here 
present him according to the law of this Collonie, to this 
honored Assembly of Generall Committee, to bee farther 
dealt with as they shall find the nature of his fact to re- 
quire, as the lawe of our Collonie hath provided for in that 
case. V/hereupon, we the sayd Generall Assembly of Com- 
missioners, havinge heard all the witnesses that the sayd 
President and Assistants could produce, together with all 
the grounds and reasons that moved the sayd President 
and Assistant so to judge of Hugh Bewitt, prisoner, as 
aforesayd ; also, the sayd Commissioners having orderly 
examined the sayd witnesses and prisoner aforementioned, 
and moreover having examined and heard what the Com- 
missioners of the Towne of Providence could say against 
the sayd prisoner, beinge at the ban ; upon serious search, 
and exacte weighinge of all the premises in the ballance 
of the lawe, wee the sayd Generall Assembly cannot find 
the sayd Hugh Bewitt, prisoner, to have done, or at- 
tempted any grievous offence against the power and 
authoritie of that honourable State, the Commonwealth of 



AND PROVIDENCE PLANTATIONS. 255 

England ; and therefore, we the sayd Commissioners, doe 1652. 
declare him not guiltie of treason. v---^-**-' 

By the Generall Court of Commissioners. 

JOHN GREENE, 

Recorder. 

Ordered, that Hugh Bewitt, Commissioner, beinge 
cleared, forthwith take his place in the Assembly. 

The Court is adjourned while to-morrow morninge, at^^ ^^^^ 
eight o'clock. itt"lcqumed 

The 2ith day of December. 

Mr. Gregorie Dexter chosen moderator for this present 
day. 

"Whereas, there is a writing presented to this Assembly 
intituled the humble apeale of the chiefe officers of the 
province of Providence Plantations, from the court of gen- 
erall committee, et cetera ; Before the sayd officers are 
called to an account, wee, the Commissioners aforesayd, 
with respect to the sayd wrightinge doe declare, that 
when that honored State, the Commonwealth of England, 
or councill of State, shall signifie to this Collonie their 
pleasures, wee shall readilie yield obedience thereunto. 

Ordered, that whosoever shall, without order, deface or 
plucke downe any lawe or order fixed by order of Court 
in any place in this Collonie, hee or they shall forfeit 
twentie shillings ; halfe to the complaynor, and halfe to 
the treasurie whereunto it belongs. 

Ordered, that it shall bee lawfull for any member of 
the Court of Commissioners to enter their protest against 
any judgment or verdict passed amongst them, the man or 
men so protestinge, presently paying two shillings six 
pence to the Recorder ; and the like libertie for any 
judge of record in the Generall Court of tryalls. 

Furthermore, upon the presentinge of any sentence or 
judgment of the Generall Assembly to the Towne or 
Townes, that it shall be lawfull then for any freeman 



266 RECORDS OF THE COLONY OF RHODE ISLAND, 

1652. there to have the like libertie of protest as is abovesayd, 
""■^'"'''"^^ payinge presentlie two shillings sixpence to the Town 
Clarke. 

Ordered, that no Commissioner in this Collonie shall 
bee arrested in any case betwixt party and party, but 
summoned as in the case of Generall conservators of the 
peace. 

Ordered, by this present Assembly, that all men of 
what nation soever they bee, that are or shall bee here- 
after receaved inhabitants within any of the Townes in 
this Collonie shall have equall libertie to buy, sell or 
trade amongst us as well as any Englishman, any lawe 
or order to the contrary notwithstandinge. 

Whereas, there was a letter sent to Mr. Roger Wil- 
liams subscribed from the Generall Assembly of this Col- 
lony, bearinge date the 28th of October, 1652 ; Wee the 
Commissioners of Providence Plantations assembled in 
Generall Court to advise and order for the peace and 
safety of this Collonie, according to the trust committed 
to us, cannot but take notice of severall complaints 
against particulars therein conteyned, contrarie to the 
liberties and freedom of the free people of this Collony, 
and contrarie to the end for which the sayd Roger Wil- 
liams was sent, and therefore doe declare against the 
same. 

Ordered, that the bill presented by our honoured Presi- 
dent for sufficient satisfaction for officers in the Collony, 
shall be referred untill the next settinge of this Court of 
Commissioners. 

Ordered, that the Clarke of this Assembly shall speedi- 
ly draw forth the acts and orders of this Court, and send 
them to the Townes, and that hee shall have five shillings 
of each Towne for his paines. 

The Court is adjourned while to-morrow morninge at 
nine o'clocke. 



AND PROVIDENCE PLANTATIONS. 257 

1652. 

The 26th day of December. ^-^~>'-^' 
Mr. Gregorie Dexter is chosen moderator for the pres- 
ent day. 

Whereas, the honoured President presented unto this 
GeDerall committee, certayne particulars as reasons 
"wherefore he called this present sessions, the last whereof 
was this, viz. That the honour of this Collonie lyeth at 
stake, to keepe ourselves in order and union till the re- 
turne of our agent from England, that provisions be made 
that wee be not then found in a rout. It is therefore or- 
dered, and for other reasons movinge us thereunto, that 
this Court of Commissioners is adjourned untill the day 
before the next Court of Election, to bee held at Provi- 
dence ; and the sayd Court of Commissioners not to meet 
sooner, unless the major part of the free people of this 
Collony see cause, eyther upon information of the Gen- 
erall Officers or otherwayes, and the sayd Court of Com- 
missioners shall sit at Providence. 
A true coppy taken by me. 

JOHN GREENE, 

Recorder. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



The Commissioners of the CoUony being mett at Provi- 
dence, the 16th and 17th of May, 1653. 



Providence 
Commissioners. 



Thomas Angell, 
Henry Browne, 
William Wickenden, 
Gregorie Dexter, 
Hugh Bevfitt, 
Thomas Harris. 



Warwicke 
Commissioners. 



Ezekiel HoUiman, 
Stukely Wascote, 
John Townsend, 
Richard Townsed, 
Walter Todd, 
John Greene, Jr. 



'Mr. Gregorie Dexter is chosen Moderator of the As- 
sembly. 

John Greene, General Recorder, is chosen Clarke, dur- 
inge sessions. 

Ordered, that the letter dravs^n forth by the Commis- 
sioners, and transcribed by the Clarke bee sent with 
expedition to the Hand. 

A coppie of the aforesayd letter as foUoweth. 

Neighbours of Portsmouth and NcAvport : 

Whereas, wee received certaine propositions from the 
Towne of Newport, dated the 18th of March, 1652, to 
keepe the Generall Court there, the 17th of this instant 
month, and that a committee of six men in each Towne 
bee chosen to consider and ripen all matters that respect 
the Collonie, &c. Whereupon, wee gave answer that wee 



AND PROVIDENCE PLANTATIONS. 259 

were willing to meet there by Commissioners, to a advise 1653. 
and order, &c. ; provided, that the sayd Townes which *-*'"-^*-' 
first stated the matter would give us ten dayes notice. 
But forasmuch that since that time untill the present day 
wee have not receaved any letter or note from any of the 
sayd Townes, signifying any agreement amongst your- 
selves upon the Island, that you would meet us at the 
time and place by Commissioners as aforesayed, wee are 
therefore enforced to keep in the posture wee are in, and 
attend to the election of Generall oflBicers for these two 
Townes, accordinge to former order extant amongst us. 
By the Generall Assembly of the Committee of the 
Collony of Providence Plantations met at Provi- 
dence, this 16th day of May, 1653. 

JOHN GREENE, 

Generall Recorder. 

Ordered, that the fine of ten poundes which the Presi- 
dent (refusing to serve, beinge elected) is to pay, is re- 
pealed ; as also the fine of five pound, which the Generall 
Assistant is to pay upon the same account. 

Here followeth a coppie of the letter from the Towne of 
Newport, containinge the propositions above referred to. 

Beloved friends and neighbours : 

After our respects, these are to informe you, of our de- 
sires to further the orders of our honored and well Avishers, 
the honoured counsell of State, and of your, together with 
our own safetie and peaceable well-beinge, and that each 
may enjoy his owne right in equitie, and that the face of 
authoritie may be established amongst us, the endeavoringe 
whereof hath moved us to write unto you our propositions 
here under- written, as alsoe to send unto you a coppie of 
the order of the honoured councill of State, all which we 
have betrusted in the hands of our beloved messenger, Mr. 
Benedict Arnold, with the orders for the safe disposall 



260 RECORDS OF THE COLONY OF RHODE ISLAND, 

1653. of the forewarned coppie and the delivery of those our 
'-*"^'^*-' motions. 

That the next Generall Assembly for election, which 
will be the first Tuesday after the fifteenth of May, be 
held at Newport. 

That the officers be chosen accordinge to the accus- 
tomed rule in the lawes established by authoritie of the 
charter confirmed by the honoured councill's order. 

That all orders made by the townes of this Collonie, 
either joyntlie or apart, by the authoritie of the charter, 
be authorized to be in force, untill by a Generall Assem- 
bly repealed. 

That all suits dependinge, that are by the lawe referred 
to the Generall Court of tryalls, may be issued at the next 
Generall Court, by such officers as shall be deputed at the 
time appoynted by the former lawes. 

That a committee of six men in each Towne, be chosen 
to consider and ripen all matters that respect the Collonie, 
which the major votes of the Townes assenting to, shall be 
established, and stand in force. 

That the Generall Officers, that were deputed and en- 
gaged, when Mr. Coddington's commission obstructed, be 
authorized and invested with power to act in their severall 
commissions, untill new bee chosen for the generall ; but 
if any Towne see cause, they may be authorized to ap- 
point what generall ofi&cer they judge meet in that Towne, 
who may by the Towne Clerk be engaged, if not before 
engaged, and be authorized to act by the rule prescribed. 

That all the inhabitants that allowe the propositions 
sent to each Towne, sett to, or subscribe their names for 
confirmation thereof; whose names being delivered to the 
severall Towne Clerks, shall be sealed up and sent to the 
President, Mr. Nicholas Easton, who, with the coun- 
cill of that Towne, shall open and shall signifie the re- 
sult to the severall Townes, and this to bee performed by 
the 10th April next. 

Further, we thought good to insert what present 



AND PROVIDENCE PLANTATIONS. 261 

course our Towne hath taken for our present security till a 1653. 
generall order, namely : v.^-v-^^-' 

That whereas, by the honourable Councill's order, wee 
are to depute one or more to see that forts bee made and 
arms provided, and other things done as ordered ; and 
whereas, by a lawe made amongst us, each Towne hath 
the power of the militia, that seven men in our Towne are 
appointed to see that order performed ; foure of them 
concurringe, it stands in force, untill the Collonie other- 
wise order. The men appoynted are William Dyre, &c. 

Newport, the 18th of March, 1652. Per me, 
WILLIAM LYTHERLAND, 

Towne Clerk. 

In behalf, and by the order of the Towne of Newport. 

Forasmuch as it hath pleased the much honoured the 
Counsell of State to authorize this Collonie to raise forts 
and otherwise arme and defend ourselves against the 
Dutch, or enemies of the Commonwealth of England, and 
for to offend them as wee shall thinke necessary, it is 
therefore ordered : First, that no provisions bee trans- 
ported out of this Collonie for the supply of the Dutch, 
upon the forfeiture of the double valew. 

Secondly, that each plantation take speedy and dilligent 
course for their owne safety defence. 

Thirdly, wee expressly requier in the name of the 
Commonwealth of England, that no man within the limits 
of this Collonie presume to take vessells or goods from the 
Dutch, as beinge authorized by this Collonie without or- 
der and directions from a Generall Court of Commission- 
ers, upon such a penal tie as the nature of his fact shall 
require by the judgment of his peeres. 

Ordered, that the names of the free inhabitants of the 
Townes of Providence and Warwicke, that are presented, 
bee recorded. 

Ordered, that all writts and warrants shall bee issued 
forth in the name of the Commonwealth of England. 



262 RECORDS OF THE COLONY OF RHODE ISLAND, 

1653. Whereas, the lawe that was formerly made by the Col- 
"-^"^"^^ lonie for the triall of Generall Officers is ambiguous, and 
not so cleare as is meet to bringe them to a certaine 
triall. It is therefore ordered, that the triall of all Gen- 
erall officers, shall bee by the Generall Assembly of Com- 
missioners (six chosen by each Towne) for their misde- 
meanures in their office, any former lawe to the contrary 
notwithstandinge. 

Ordered, that the Clarke of the Generall Assembly of 
Commissioners shall engadge the Generall officers when 
they are chosen. 

The names of the Generall Officers of this Collonie of 
Providence Plantations, chosen and engadged to serve for 
the yeare ensuinge. 

Gregorie Dexter, President. 

John vSayles, Generall Assistant and Treasurer for 
Providence. 

Stukely Wascote, Generall Assistant for Warwicke. 

John Greene, Generall Recorder. 

Hugh Bewitt, Generall Sarjeant. 

Ordered, that the writinge which was presented by the 
Towne of Providence to this Assembly, subscribed by 
John Smith, President, and Samuel Gorton, Assistant, 
declaringe the grounds of their apeale, &c., shall be re- 
ferred unto the triall of the next Generall Assembly of 
Commissioners, which shall be held fowre dayes before 
the last Tuesday in October next, at Warwicke ; which 
Court shall bee called by a warrant from the President, 
givinge ten dayes notice. And in case hee faile, one of 
the Generall Assistants may doe it ; and if they faile, the 
Towne Deputies may doe it. 

Ordered, that the sayd John Smith and Samuel Gorton 
shall bee^summoned to the sayd Generall Assembly, and 
then and there shall give answer for their sayd writinge 



AND PROVIDENCE PLANTATIONS. 263 

and charge against the Court of Commissioners, and for 1653. 
their misdemeanours in their foresayed offices. v-^-v-^-^ 

Ordered, that Hugh Bewitt, Sohcitor Generall (with 
the advice and helpe of the Tovvne Clarkes of Providence 
and Warwicke beinge the matters concerninge both ^ 

Townes) shall take out summons, and so prepare all the 
matter for tryall, and so enter the matter in the Record- 
er's office at least eight dayes before the Court. 

Ordered, that the Clarke shall have for his paines of 
writinge out these coppies and former lawes and letters, 
that no order hath yet been taken about, six shillings of 
each Towne. 



Acts and orders of the Generall Assemblie at Newport^ 
May 11th, 1653. 

Mr. Nicholas Easton, Moderator. 
William Lytherland, Clarke. 

Imprimis. Freemen received. 

OF NEWPORT. OP PORTSMOUTH. 

Benedict Arnold, Jonathan Mott, 

Edward Smith, Richard Sussel, 

Emmanuell Wooley, John Sanford, Jun'r. 

James Man, 
Will'm DaviU, 
Joseph Torrey, 
The. Clifton, 
John Gould, 
William Haviland, 



264 RECORDS OF THE COLONY OP RHODE ISLAND, 

1653. It was voated by y^ Assemblie, That this present As- 
^--•^v-*^ semblie do conclude that they are a lawful! Assemblie, 
A^JImbiie. and have power to act in election, and y"" affaires of y^ 

Collonie. 
is'and 2. That y*" Islands shall jointly act in keeping Courts 

from foure times in y^ yeare ; that is twice in each Towne, 
where all y^ officers of both Townes may sitt Judges in y^ 
Court ; and six jurymen sent out of each Towne. But if 
any be failing or challenged, then to make them up of y* 
inhabitants of that Towne where y® Court is kept ; or of 
others that are present that are inhabitants. 
LawsEstab- 3. That y^ body of lawes that are established by au- 
thoritie of the charter, and not abolished by y^ Councell of 
State's order, shall be in force till repealed, 
conrtad- 4. That Y^ Generall Court of Tryalls be adjourned till 
this day month, that y^ causes presented be duly stated, 
and may be legally issued, and to be kept at Ports- 
mouth. 

Election. 5. Mr. John Sanford, Sen'r, President. 

Mr. Nicholas Easton, Assistant for Newport. 
Mr. Richard Burden, Assistant for Portsmouth. 
Will. Lytherland, Generall Recorder. 
Mr. Richard Knight, Generall Sargeant. 
Mr. John Coggeshall, Generall Treasurer. 
Mr. John Easton, Generall Atturney. 

Constable. G. That y' Generall Officer shall have power to sub- 
stitute a constable, when he shall see cause, who shall 
serve in that office, for that present occasion, in y'^ ab- 
sence of y*" other constable. 

Providence 7. That if Providcnce and Warwicke be pleased to act 

nnH 'War- ^ 

with us, they may have libertie to choose y"" Generall Offi- 
cers for their own Townes. (Repealed.) 

8. Three men chosen for to see that y^ order of y^ 
Right Honourable y^ Councill of State be attended, to 

nnmcly, in looking and taking enrc that y*" State's part 



and War- 
wicke may 
choose Offi- 
cers. 



y« Stale's 
part of priz 
es to be 
look'd after 



AND PROVIDENCE PLANTATIONS. 265 

of all prizes be secured, and accompt given. Mr. Wm. 1653. 
Dyre, Mr. John Sanford, President and Mr. Nicholas ^--^--^^ 
Eastone. 

The Court adjourned till eight of y^ clock in y^ 
morning. 

ISth day of May. 

, ■, Island 

That y" quarter courts shall be kept by course in each courts, 
Towne upon y^ Island, and to be holden accordinge to y^ 
order at Newport, viz. : y" first Tuesday after every 
quarter day, and to begin at Portsmouth. 

10. Two men sent to demand of Mr. Coddington y^fXddfn" 
statute book, and book of records ; y" messengers Mr. **"'• 
James Barker and Mr. Richard Knight. • 

Providence and Warwicke men come in. 

11. That y^ Generall officers for Providence and War- ^Sence ' 

•^ . and War- 

wicke shall be chosen by this present assemblie. wicke, 

Mr. Thomas Olnie, Generall Assistant for Providence. 

Mr. Randall Houlden, Generall Assistant for War- 
wicke. 

[The] answer of [Mr. Coddington is,] that he will ad- 
vize with his Councell, and then give an answer, for he 
dare not lay downe his commission, haveing po order 
thereto, nor hath he scene any thing to shew that his 
commission is annulled. 

A committee of two men of each Towne, or eight men 
be chosen for ripening matters that concerne Long Island, 
and in .y*" case concerninge y*" Dutch. Mr. Nicholas Eas- 
ton, Mr. John Easton, Mr. Richard Burden, Mr. Randall 
Holden, Mr. John Smith, Mr. Robert Field, Richard Tew, 
and John Roome. 

Acts vppon theire presentment. 

1. First, that we judge it to be our dutie to afford our 
countremen on Long Island, what helpe we can safely 



266 RECORDS OF THE COLONY OF RHODE ISLAND, 

1653. doe, by virtue of our commission from y* Right Honora- 
">-*'^'"'^ ble y° Councell of State, either for defendinge them- 
selves against y® Dutch, y*" enemies of y" Commonwealth, 
or for offendinge them as by us shall be thought ne- 
cessarie. 

2. That they shall have two great guns, and what 
murtherers are with us on promise of returninge them, 
as y" due valuation, and to be improved as by instruc- 
tions given by this Assemblies authoritie, this or what 
else ; provided, they engage to the Commonwealth and 
conforme by subscription to doe their uttmost to sett 
themselves in a suitable posture of defence against all 
enemies of y® Commonwealth of England, and to offend 
them as* shall be ordered. 

3. That there be allowed twenty voluntaries out of y* 
Collonie, provided they be such as be under noe fixed 
relation or ingagement. 

12. That for try all of prizes brought in accordinge to 
law, the Generall officers, with three juriers of each 
Towne shall be authorized to try it. The President and 
two Assistants shall have authoritie to apoynt y" time ; 
but if anie faile at y"* time apoynted, either officers or ju- 
riers ; y*" juriers shall be made up in y" Towne of New- 
port, when they shall be tryed. In case any of y® officers 
faile, then those that apeere shall proceede accordinge to 
y" law of Allaroome. 

13. Commissions granted to Capt. John Underbill and 
Mr. William Dyre. 

14. That Edward Hull shall have a commission 
■granted him to goe against y° Dutch, or any enemies of yl 
Commonwealth of England. 

15. That y'' President and foure Assistants, or any 
three of them concurringe, shall have power to grant 
commission against any of y^ enemies of y° Commonwealth' 
of England. 

16. That Providence and Warwicke shall act joyntiy 



AND PROVIDENCE PLANTATIONS. 



267 



in theire Townes as y'' Island doth in keeping Courts, 1653; 
both havinge theire apeale to y^ Glenerall [Assembly]. ^-«^^»-' 
May 26th, 1653. 

A true coppie per me, 

WILL. LYTHERLAND, 

Grenerall Recorder. 



The Acts of the Generall Assembly of Commissioners assem- 
bled at Providence this M and ^th day of June, 1653. 



Providence 
Commissioners. 



Gregorie Dexter, 
John Sayles, 
Arthur Fenner, 
WiUiam Wickenden, 
Thomas Angell, 
James Ashton, 



For Warwicke. 



Ezekiel Holliman, 

Stukely Wascote, 
John Greene, Jr., 
Henry Townsend, 
James Sweete, 
John Cooke. 



Ezekiel Holliman is chosen Moderator for the present 
day. 

Ordered, that the remonstrance which is drawen forth 
bee transcribed forthwith by the Generall Recorder, and 
a coppie thereof sent with speed to both Townes. 

Ordered, to adjourne untill the morninge. 

Ezekiel Holliman is chosen Moderator for the day. 
18 



268 RECORDS OF THE COLONY OP RHODE ISLAND, 

1653. 

"^^^■^^^^ A Brief e Remonstrance of the two Toiunes of Providence 
Plantations, being at present the colony of Providence 
Plantations. 

Whereas, it pleased the honoured counsill of State, to 
grant unto Mr. William Coddington, a commission to bee 
Governor of Rhode Island, whereby the Townes of New- 
port and Portsmouth were disjoynted from the coUonie 
of Providence Plantations ; Whereupon, wee, the two 
Townes of Providence and Warwicke, havinge information 
thereof, assembled together and declared ourselves unani- 
mously to stand embodyed and incorporated as before by 
virtue of our charter, and immediately prepared to send 
our agent unto England for confirmation of our charter 
unto us, as more at large appeareth in the orders made at 
Providence ; and whereas, about the 16th of the 12th 
month, '52, William Dyre brought unto us, (the two 
Townes of Providence and Warwicke), a letter subscribed 
by John Sanford, William Baulstone, John Porter and 
William Jeffries, of Rhode Island, intimating that the 
said William Dyre had brought letters and orders for our 
directions, sent from the much honored, the councill of 
State, and that they would give us a meeting to heare the 
said letters at the time of our appointment ; whereupon, 
wee the said two townes respectively chose six commis- 
sioners and gave them full power and authoritie to give 
answer to the sayd letters, and also to act for us, as if 
wee were present, accordinge unto the directions of the 
sayd councill, whether it were for the re-unitinge of the 
sayd two townes of Portsmouth and Newport unto us, or 
otherwise to do in all affayres, except election, accordinge 
to their wisdomes, as in our severall towne orders, more 
at large appeareth. Therefore, our sayd commissioners, 
being orderlie chosen, and assembled at Pawtuxet, the 
25th of February, '52, prepared an answer to the sayd 
letter, and sent it by the hands of foure messengers, two 



AND PROVIDENCE PLANTATIONS. 269 

chosen out of each Towne, that so (if possible), they 1653. 
might fully effect an orderlie meetinge, and therefore de- ^-^---*»-' 
clared their resolutions in their sayd letters, to meet with 
us the two Townes of Portsmouth and Newport by Com- 
missioners (six chosen out of each Towne), at the time 
and place of their appointment, and re-unite with the 
sland, if the mind of the Councill of State was such, as 
more at large appeareth in their abovesayd letter ; 
but no reply could our sayd commissioners procure by 
their sayd messengers, nor hitherto have they received 
any ; and at the returne of the sayd four messengers, our 
sayd commissioners assembled at Pawtuxet aforesayd, the 
9th of March, 1652, where the said messengers made 
their report, and declared that they could not procure the 
letters and orders for our direction, sent from the honoured 
Councill of State aforesayed, nor a copy thereof, although 
they were read before many people ; thereupon, our sayd 
Commissioners sent to Mr. Easton, in whose hands the 
sayd orders were, for them or a copy thereof, and another 
letter to both Townes of Portsmouth and Newport, on 
purpose by the hand of two messengers, intimating unto 
the sayd two Townes that Providence and Warwicke, had 
empowered them as aforesaycl, to transact for the sayd 
two townes in all generall affaires, as if all the inhabitants 
of the sayd two Townes were present, and therefore pro- 
posed to both the townes upon the Island,, thai if they were 
willing to re-unite with us, then to choose six commis- 
sioners out of each Towne, and appoint time and place 
where we should meet them to order accordinge to the 
councill of state's directions as- more at large appeareth in 
their sayd letter : but they could not procure any answer 
from neither of the said two townes ; and whereas, after 
a long space of time, the town of Newport sent unto us 
certaine propositions by the hand of Benedict Arnold, in- 
timating their desires that we should meet them at New- 
port in May next, and choose six Commissioners to pre- 
pare and so forth, which propositions were referred to our 



270 RECORDS OF THE COLONY OF RHODE ISLAND, 

1653. saycl commissioners to answer ; and our commissioners thus 
^^*^—*-' answered, that they were wiUing there to meet by commis- 
sioners, six chosen out of each Towne, and to re-unite 
and order for the peace of the whole Collonie, et cetera, 
in all generall affaires except election, provided the sayd 
Towne of Newport would give ten dayes notice before 
hand, that so they would meet by commissioners as more 
at large appeareth in our sayd commissioner's answer ; 
but, forasmuch as neither our sayd commissioners, nor we 
the sayd two townes have received any answer from the 
sayd Island by way of reply, we, therefore, the said two 
Townes of Providence and Warwicke, were necessitated 
to keep in the posture we were in, and proceeded to elec- 
tion of Generall oflicers according to lawe extant amongst 
us the 17th of May ; Yet, notwithstandinge all our afore- 
sayd endeavours to re-unite the sayd two Townes of Ports- 
mouth and Newport unto us, which is not yet effected, 
the inhabitants of the sayd two Townes have, as we are 
informed, in the name or by the authoritie of the Collonie 
of Providence Plantations, granted and given unto John 
Underbill, Edward Hull and William Dyre, a commission 
or commissions tending to war, which is like, for aught 
we see, to set all New England on fire, for the event of 
war is various and uncertaine ; and although the hon- 
oured councill of State's direction to us, A-idelicit, to of- 
fend the Dutch as we shall think necessary, yet we know 
not for what reason, or for what cause the sayd inhabit- 
ants of the Island have given forth the sayd commission : 
Therefore, wee are enforced thus to declare, that if the 
sayd Island shall attempt to engage us with them in the 
sayd Commission, or in any other like proceedings, and 
shall use any force or violence upon us on that account, that 
we will then address ourselves immediately to Eng- 
land, to petition for their honors' further directions unto 
us, which they have pleased to intimate in their late hon- 
ors' pleasure sent by the hand of William Dyre ; for we 



AND PROVIDENCE PLANTATIONS. 271 

are resolved to use our utmost endeavour to free our- 1653. 
selves from all illegall and unjust proceedings. ^w*— ^.-«.- 

By the Commissioners of this Collonie. 

JOHN GREENE, Jr., 

Generall Recorder. 

Ordered, that those inhabitants of this Collonie that 
doe owne the Commission which wee heare is granted and 
given to John Underhill, Edward Hall and William Dyre, 
in the name of Providence Plantations, shall have hence- 
forth no liberty to act in Government untill they have 
given satisfaction to the respective Townes of Providence 
and Warwicke. 

Whereas, wee conceive that this Collonie lyeth in emi- 
nent danger ; it is therefore ordered, that the Court is 
adjourned until! John Sayles, Generall Assistant for 
Providence, or Stukely Wascote, Generall Assistant for 
Warwicke, see cause to call it. 



Acts made by the Commissioners of the Collonie of Provi- 
dence Plantations, being assembled at Warwicke, the \Wi 
day of August, 1G53. This being the second sessions. 

' Gregorie Dexter, 
John Sayles, 
Providence j ^^^^^^^ ^^m^^r, 

Commissioners. | William Wickenden, 
Thomas Angell, 
James Ashton. 




RECORDS OF THE COLONY OF RHODE ISLAND, 

John Cooke. 
Ezekiel Holliman, 
Warwick Commissioners, j Stukely Wascote, 
John Greene, Jr., 
Henry Townsend, 
^ James Sweete. 

John Cooke beinge absent, John Sweete is chosen in 
his roome for this present sessions. 

Gregorie Dexter is chosen Moderator for this present 
day. 

The Generall Recorder is Clarke of the Assembly. 

Ordered, that the Recorder forthwith transcribe the let- 
ter that is to bee sent to the Massachusetts to the Gov- 
ernor and Assistants. 

Ordered, to adjourn for an howre. 

Beinge assembled again, it is ordered, that whereas the 
Generall Assistant of Warwicke hath presented a request 
and complaint unto this present sessions, to put the Towne 
of Warwicke into a way of order to chuse their Towne of- 
ficers, &c. It is therefore ordered, that the Towne of 
Warwicke, doe forthwith, upon the next Monday come 
sevenight, choose their Towne oflicers ; and those offi- 
cers shall stand untill the next second in June. 

Ordered, to adjourne the Court untill John Sayles, 
Generall Assistant for Providence, or Stukely Waskote, 
Generall Assistant for Warwicke, see cause to appoint a 
;time and place. 

JOHN GREEN, 
Clarke of the Assembly. 



AND PROVIDENCE PLANTATIONS. 




Acts of the Generall Assembly of Providence Plantations, 
May 16, 1654. 

Mr. Nicholas Easton, Moderator. 

FREEMEN RECEIVED. 

Samuel Gorton and John Hayley. 
Mr. Nicholas Easton, chosen President. 
Mr Randall Holden, next in major voate. 
Mr. Thomas Olney, Assistant for Providence. 
Mr. Richard Burden, Assistant for Portsmouth. 
Mr. Edward Smith, Assistant for Newport. 
Mr. Randall Holden, Assistant for Warwicke. 
Joseph Torrey, Generall Recorder. 
Mr. John Coggeshall, Generall Treasurer. 
Richard Knight, Generall Sargante. 

That the Generall Sargante shall have powre through- waterbayii 
out the CoUony to be water bay lye ; and that the Sar- 
gante of each Towne be invested with like power within 
the severall Townes presinkes ; and that in the absence 
of either, the Generall Assistante of each Towne have 
full power to depute an officer to execute the service. 

A committee chosen for the preparinge a way of some 
course concerninge our dissenting friends. 

Mr. Olney and Mr. Williams for Providence. 

Mr. Burden and Mr. Roome, for Portsmouth. 

Mr. Smith and Joseph Torrey, for Newport. 

Mr. Weeks and Mr. Potter, for Warwicke. 

Captaine John Cranston is chosen Generall Atturnie. 

Mr. Edward Smith, Joseph Torrey and James Rogers 
are to view the demands of the Generall Sargantes, Wil- 
liam Letherland and Robert Greffens accounts with the 
Plantation therein, and to satisfie them all out of the fines 



274 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1654. that are levied ; and what they three shall doe therein^ 
''-^"^'^^-' shall he authentique. 

That the Generall Assistante of Providence (in case 
Mr. Williams returne from England) shall repay er to him 
to receive what orders are by him sent for the CoUony. 
b'^ubTsheo" '^^'^^^ what the committee have prepared and presented 
to this Assembly, is by this Assembly, established for an 
ordinance, and to be recorded and published. That it 
shall also be sealed with the scale of the Collony, and 
published by the Generall Sargante in each Towne ; and 
that the Generall Sargante shall take such ayd with the 
droume as by which it may be knowne vnto all. 

The examination of Giles Glover vpon oath in the As- 
uadws. semblie sayth, that he hath been twice at the Dutch, and 
that for the last time he was theare John Garioud did 
trade something there, and fordere sayth that he saw an 
order vnder the hand of Mr. Holiman and John Greene, 
Junior, for their goinge thither, and sayth we brought 
howes, gunnes and powder, but traded with [them]. He 
tarred but ten dayes, and [said] that he traded with some 
that weare not his Father and Mother, and that we 
brought eighteen ankers of liquors the first voyage, and 
six the last. That Robert Westkote went about to buy 
bever and liquors ; but doth not know that he bought any 
[thing] but one hundred howes upon John Gariard ac- 
counte, and that John Gariard brought some deare 
skinnes, but some he had from his mother. 

That the Generall Sargante have authoritye to take vp 
all fines aboute sellinge liquer to the Indians, and he to- 
gether with his Assistante to have halfe the fines. 

That the vessell Debora shall have a commission to de- 
fend themselves, and to offend the enemies of the Com- 
monwealth of England. 

That any man that runes away from his master from 
any other CoUonie to this Colony, his master sendinge af- 
ter him and givinge in just probation of his right to him, 
it shall be in the power of the Generall Officer of each 



AND PROVIDENCE PLANTATIONS. 275 

Towne, together with the Towne officer or officers in 1654. 
which he is taken, to take course for his sending back in ^«— '^n'^"*-'' 
case they have just cause thereto, his master beinge at 
the charge of his sendinge back. 

That Samuel Edsull in case he shall not give in what satis- 
faction was proposed to him by the Assembly, it shall be in 
the power of the officers as abovesayd, in the Town 
wheare he is taken, to send him back to his master 
speedily. 

That a summons shall serve for any free inhabitante, to 
warne him to any Court of trialls : but in case the plain- summons 

'' ^^ and writs. 

tiffe be afraide of his defraide in remove all, then it shall 
be in the power of the officer to give forth a writte, to 
put in security for his apearance, which is to be under- 
stood, that if he be a generall freeman of the Collonie, 
then it is for the Generall Court ; and so if it be for 
Towne, such as are free of the Towne. That the Towne 
Clarke of each Towne have power to give forth summons 
or writts for apearance at any Court that concernes any 
partickelar Towne aparte, or Townes joyntlie acting to- 
gether, in partickelar Courts of triall. 

That the Generall Recorder and Generall Sargante 
shall have their place in force, although others be chosen, 
vntill the end of the Generall Courte of trialls next ensu- 
inge the court of election. 

That the Recorder that has been employed for the Col- Recoraa to 
lonie, together with the President, and Mr. Burden, shall 
view the records of the Colonic, and perfecte them for the 
Collonie. 

A committee of foure men chosen for preparinge aboute 
officers in the execution of justice, John Easton, Mr. 
Weeks, Mr. Field, Mr. Roome. 

May 18, 1654. 
That Edward Smith, Joseph Torrey and James Rogers 
have power to examen the disposall of Captaine Partreges 
estate, both the reserve and the disposall by William 



276 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. Lytlierland and Richard Knight, and their right in what 
^-'"^^^^^ they either h?.ve reserved or disposed of, and what the 

sayd three shall doe therein shall be authenticque. 
Licjuer That what lawes have been formerly made for the pro- 

hibition of wine and liqiier shall stand in full force, all 
acks to the contrarie notwithstandinge. 

That any two of the Generall Assistants either of the 
Hand, or of the main, shall have power to call a Generall 
Assembly when they shall see it necessary, and that 
hearein they shall be justified. 

That the Recorder shall have five shillinges of each 
Towne for a copie of the Courtes proceedings. 



Two Assist 
ants may 
call the 
Generall 



Recorde-'s 

fees. 



August ult. [315^, 1654. 
Articles of agreement hy if Commissioners of if foure 
Townes uppon y" re-unitinge of this Colonie of Provi- 
dence Plantations, asfolloweth, viz. : 

Whereas, there hath been differences and obstructions 
amongst y^ foure Townes of this Collonie of Providence 
Plantations in New England, namely : Providence, 
Portsmouth, Newport and Warwick, arisinge by Mr. 
Coddington's commission, and we, y° Commissioners of 
all y° foure Townes abovesaide, chosen equally by each 
Towne, doe agree. 

First, that all transactions done by y*" authoritie of y® 

Transac- •' •' "^ 

tionsofthe inhabitants of y*' two Townes of Rhoade Island, from y^ 

towns to •' 'J 

stand. ^jj-j^g q£ ]^/[^_ Coddington's commission taking place there, 
untill Mr. Dyre brought over further orders from y" Hon- 
orable Counsell of State in y^ yeare 1652, shall remaine 



AND PROVIDENCE PLANTATIONS. 



277 



on y° accompt of j° two Townes of y'' abovesaid Hand ; 1654. 
and all j" transactions of Providence and Warwicke in y' ^— '-^''^»»- 
said space to reinaine on tlieire owne accompt. And fur- 
ther, that all y" transactions of y® foresaid two Townes on 
Khoade Island, viz. : Portsmouth and Newport, and a 
part of Warwicke and Providence with them since Mr. 
Dyre's bringing y*" foresaid order, to this verie time, shall 
remaine on theire own account. And whatsover transac- 
tions have been in y® said time, y^ rest of y® inhabitants of 
Warwicke and Providence professinge themselves two 
Townes, shall remaine on theire, y® said inhabitants owne 
accompts professinge themselves two Townes. 

Secondly, We, y° commissioners of y^ foure Townes 
abovesaid, doe agree, and are willinge to order, this Col- 
lonie by y^ authoritie of y'' Charter granted to vs by y" 
Honored Parlement of y" Commonwealth of England, 
bearing date y" fourteenth day of March, 1643. 

Thirdly, Wee agree, that y^ Generall Court of this are°to try' 
CoUonie, or Generall Assemblie, to transact all aftaires officers, 
except election, as making of lawes, tryall of generall of- 
ficers, &c., be held by six commissioners, chosen by each 
Towne of y® CoUonie. 

In confirmation hereof, we, y° commissioners above 
premised, have sett to our hands, namely : 



Providence 



Portsmouth. 



Thomas Harris, 
Gregorie Dexter. 
John Taylor, 
William Wickenden, 
John Browne, 
Henrie Browne. 
William Baulston, 
Ei chard Burden, 
John Roome, 
Thomas Cornell, 
John Briggs, 
William Hall. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Benedict Arnold, 
Richard Tew, 
John Coggeshall, 
John Easton, 



Newport. 



Warwick. 



Wm. Lytherland, 
[ Thomas Gould. 

John Greene, Sen'r, 
Randall Houlden, 
Ezekiel Holiman, 
John Greene, Jun'r, 
John Townsend, 
Richard Townsend. 



Ads and Orders by y" Commissioners of y^ foure Townes 
of this Collonie of Providence Plantations, assembled at 
Warwicke, y^ last of August, A. D., 1654. 

Mr. Benedict Arnold, Moderator for this day. 
"\Vm. Lytherland, Clarke of y*" Assemblie. 

1. It is ordered first, that Mr. Ezekiel Hollimau and 
Mr. John Greene, Jun'r, are to view y^ generall lawes of 
y° Collonie, and present to y" next Court of Commission- 
ers what they may either find defective, or any way 
jarring, either markinge y® margent, or wTitinge out such, 
and are to be satisfied for theire paines as it shall be or- 
dered by y'' Court of Commissioners. 

2. It is ordered, that a Court of election be held up- 
pon Tuesday, y*^ 12th of y^ next month, and to be kept at 



AND PROVIDENCE PLANTATIONS. 279 

Warwick ; which officers then chosen, shall be engaged 1654. 
and stand till y*" Court of election in May next. ^>-«i=-v-*fc^ 

3. It is ordered, that y'' Court of Commissioners are 
to meet at y" time abovesaide,. that is y^ 12th of Sep- 
tember next. 

4. The Court is adjourned till six of j^ clock in y° 
morninge. 

September y" first. 
Mr. Gregorie Dexter, Moderator for this day. 

1. First. It is ordered, that y*" generall bulke ofLawas. 
lawes that were in force for this Collonie at y*" time 
Mr. Coddington's commission was brought to Rhoade 
Island, shall stand in force till repealed by a Court of 
Commissioners. 

2. The Court adjourned for halfe an houre. 

3. It is ordered, that no liquers shall be sould topiq"or?ot 

' -■■ to be sold to 

any Indians by any one within this Colonic, under y^ t^e Indians. 
penaltie of five poundes for every default, one halfe to 
y® complainer, and y'' other halfe to y° Towne Treasurie ; 
and to be taken by distraint by y" Towne Sargent by war- 
rant from y® Towne warden ; and this order to be in force 
j" first of November next. And it shall be lawfull for 
any one of this Colonic to take away any liquer from any 
Indians that they shall finde havinge any within any of y^ 
precinques of y*" severall Townes. 

4. It is ordered, that neither French nor Dutch shall Trade Pro- 
trade any goods with any Indians within this jurisdiction 
uppon paine of forfeiture of vessell and goods ; one halfe 

to y° Towne Treasurie in which it is taken, or to y® 
Generall Assemblie if taken out of y"" Townes ; y" other 
halfe to those that take it. 

5. It is ordered, that y® Townes take a course topHsons, 
provide prisons by j" fifteenth of May next, under y® 
penaltie of y*" former lawe. 

6. Whereas, there have been severall complaints For Rema- 
exhibited to this Assemblie against y^ incivilitie of per-''"" 



280 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. sons exercised uppon y^ first clay of y® weeke which is 
'-*''^-'"*^ offensive to clivers amongst us. And whereas it is judged 
that y'' occasion thereof ariseth because there is noe day 
apoynted for recreation. It is therefore referred to y^ 
consideration and determination of each Towne to alow 
what dayes they shall agree uppon for theire men ser- 
vants maid servants and children to recreate themselves, 
to prevent y° incivilities which are amongst us exercised 

warrant. OU that day. 

E,iz.coggos- ^^ j^ -g oi^jered, that there shall be issued out a 
warrant from this Assemblie to Elizabeth, y*" wife of John 
Coggeshall, under y'' hand of y*" Clarke of this Assemblie, 
to make her personall appearance before y'' Court of Com- 
missioners uppon y"" 12th of September next at War- 
wicke ; and that y"" Clarke alsoe shaU have power also to 
effect y*" matter for her apeerance. 

8. It is ordered, that all those inhabitants in this Col- 
Freemen. 

lonie that have been received freemen to act in any 
Towne or Collonie since Mr. Coddington's commission 
was exhibited, shall be owned freemen of y*" Collonie ; 
and that y*" names of those that are not as yett recorded, 
shall be brought in the next Court. 

9. It is ordered, that y*" Clarke of y° Assemblie shall 
give coppies of y*" proceedings of this Court, and shall be 
paide three shillings apeece, of each Towne. 

10. It is ordered, that each Towne doe forthwith 
apoynt or licence one or two bowses for y^ entertainment 
of strangers ; and to encourage such as shall undertake to 
keepe such howses. And that all others that are not li- 
cenced, do not retaile either wine, beere, or strong liquers, 
uppon y® penaltie of five poundes. And y° former lawes 
for alehowses and liquers be repealed. 

The Court is adjourned till y" 12.th of this month. 



Clarke 
Fees. 



Howsos of 
EntoTtain- 
ment. 



AND PROVIDENCE PLANTATIONS. 




The Court of Commissioners and election held at Warwicke 
if 12th of September, 1654. 



Providence. 



Thomas Harris, 
Gregorie Dexter, 
Mr. Henry Redick, 
Wm. Wickenden, 
Jolm Browne, 
^ Henry Browne. 



Portsmouth. 



Mr. William Baulston, 
Richard Burden, 
John Roome, 
John Briggs, 
John Tripp, 
Thomas Cornell. 



Ne\vport. 



Mr. Benedict Arnold, 
Richard Tew, 
John Coggeshall, 
John Easton, 
Wm. Lytherland, 
Thomas Gould. 



Warwicke. 



f John Greene, Sen'r, 
Randall Houlden, 

j Ezekiell Holliman, 
John Greene, Jun'r, 
John Townsend, 
Richard Townsend. 



Caleb Car and Henrie Hobson chosen commissioners, 
instead of Mr. Coggeshall and Richard Tew. 



282 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. Mr. Benedict Arnold, Moderator. 
-^^^-''^' Eicliard Bulger, received freeman. 

The Court of Commissioners adjourned till to-morrow at 
six in y" morning of election. 

Mr. Roger Williams, President. 

Mr. Thomas Harris, Assistant for Providence, and 
engaged. 

Mr. John Roome, Generall Assistant for Portsmouth, 
and engaged. 

Mr. Benedict Arnold, Assistant for Newport, and 
engaged. 

Mr. Randall Houlden, Assistant for Warwick, and 
engaged. 

Wm. Lytherland, Generall Recorder, and engaged. 

Richard Ivnight, Generall Sargent. 

Richard Burden, Generall Treasurer, and engaged. 

John Cranston, Generall Atturney. 



September y^ loth. 

Commissioners assembled. 

Mr. Benedict Arnold, Moderator. 

1. It is ordered by this present Assemblie, that this is 
y*" engagement of y° Generall officers, any former forme to 
the contrarie notwithstandinge, viz. : 

You, A. B., being called and chosen unto publicque 

employment, and y® ofiuce of , by y'' free voate and 

consent of y'^ inhabitants of y*" Province of Providence 
Plantations (now orderly met) ; doe in this present As- 
semblie engage yourself faithfully and truly to y^ uttmost of 
your power to execute y"" commission committed unto you, 
and doe hereby promise to do neither more nor lesse in 
that respect, than that which y"" Collonic have or shall au- 
thorize you to do. 

The Court adjourned for one houre. 

3. It is ordered, that for y" Court of election of Gen- 
erall officers, it shall be held accordinge to preceedinge 



Engagement 



AND PROVIDENCE PLANTATIONS. 283 

order, that is, y'' first Tuesday after y'' fifteenth day of 1654. 
May, annually. v.^-v-^-' 

4. It is ordered, that for y^ choosinge of Commission- 
ers for y® transaction of Generall affaires, it shall be y® 
first Tuesday in May, annually. 

5. That Mr. Roger Williams, President, and Mr. 
Gregorie Dexter, are desired to draw forth and send let- Hi"ffigh° 
ters of humble thanksgivinge to his Highness y" Lord 
Protector, and Sir Henry Vane, Mr. Holland, and to Mr. 
John Clarke, in y® name of y" Collonie ; and Mr. Roger 
Williams is desired to subscribe them with y^ title of his 
office. 

6. It is ordered, that all transactions that have passed Tuie of issu- 
formeiiy under y^ title of y^ bodys of the liberties of Eng- wruts'"' 
land, &c., shall from henceforth be issued out in y** name 

of His Highness y^ Lord Protector of y® Commonwealth of 
England, Scotland and Ireland, and y" dominions thereto 
belonginge. 

7. It is ordered, that y^ Moderator shall engage y° 
Recorder, and y" Recorder y® rest of y" officers, onelyomcefs. 
whereas y® President is absent, y® Generall Assistant of 
Providence shall engage him. 

8. It is ordered, that y® Generall Court of trialls court of 

Tryalls. 

shall beheld at Portsmouth in October next, accordinge to 
former order y® last Tuesday in October. 

9. It is ordered, that the Recorder now chosen shall 

Records. 

demand and receive y" records of y^ Collonie from Joseph 
Torrey. 

10. It is ordered, that y" Courts of election shall pro- 

, ,. „ Election.. 

ceede accordmge to former order, and to begin next at 
Providence. 

11. It is ordered, that y® Recorder shall have for 

•^ Fees. 

writinge y® acts of this Court and coppies to each Towne, 
three shillings per Towne. 

The Court adjourned for halfe an houre. 

12. It is ordered, that y® instructions presented byingt,„^,,j^j,^, 
Mr. John Clarke, as they are now drawn forth, are by 

19 



284 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. this Court approved, and it is desired that Mr. Roger 
^•^^^^"^•^ WilUanis, President, and Mr. Dexter will manifest so 

much to Mr. John Clarke. 
Court. 13. It is ordered, that y^ two Townes of this Collonie 

which are on Rhoade Island, as namely : Portsmouth and 
Newport, are hereby authorized to order by Deputies 
(chosen equally out of each Towne), away of keeping 
Courts together or apart, as they shall agree, for tryall of 
all causes that have beene formerly tryable by each 
Towne aparte ; and y® like authoritie to Warwick and 
Providence. 

14. That y® Court of Commissioners are adjourned till 
further occasion shall be presented to y'' President and 
foure Assistants, or y^ major part of them, who shall give 
notice of it, and shall have power to call y® saide Court ; 
provided, it shall be in y^ power of y" Townes againe to 
make a new choyce, or else y^ same to stand in force. 

FFINIS. 



AND PROVIDENCE PLANTATIONS. 




[Roger Williams on his return from England during tlie summer of this 
year (1654), brought with him the following letter, addressed to Providence 
Colony. It was doubtless this letter from Sir Henry Vane, which led the 
Generall Assembly to direct letters to be sent to the Lord Protector, Sir 
Henry Vane and others, named in this order. There are no copies on file of 
any letters so written, subscribed to by Roger Williams, " with the title of his 
office." There is, however, among the records, a copy of the following letter, 
which, although signed by Gregorie Dexter, one of the Committee, as Town 
Clerk of Providence, is evidently a reply to the letter of Sir Henry Vane, al- 
luded to. The date, however, being the 27th of the 6th mouth (August), is 
seventeen days before the act of the General Assembly, ordering the letters 
written.] 

Letter from Sir Henry Vane to the inhabitants of the 
Providence Colony, sent by the hands of Roger Williams. 

Lovinge and Christian Friends : 

I could not refuse this bearer, Mr, Roger Williams, 
my kinde friend and ancient acquaintance, to be accom- 
panied with these few lines from myself to you, upon his 
returne to Providence Colony ; though, perhaps, my pri- 
vate and retired condition, which the Lord, of his mercy, 
liath brought me into, might have argued strongly enough 
for my silence ; but, indeed, something I hold myself 
bound to say to you, out of the Christian love I bear 
you, and for his sake whose name is called upon by you 
und engaged in your behalfe. How is it that there are 
such divisions amongst you ? Such headiness, tumults, 
disorders and injustice ? The noise echoes into the ears 
of all, as well friends as enemies, by every returne of 
shipps from those parts. Is not the fear and awe of God 
amongst you to restraine ? Is not the love of Christ in 
you, to fill you with yearninge bowells, one towards an- 
other, and constrain you not to live to yourselves, but to 
him that died for you, yea, and is risen again? Are 
there no wise men amongst you ? No public self-denying 



286 RECORDS OF THE COLONY OF RHODE ISLAND, 

^^-,-*^ spirits, that at least, upon the grounds of public safety, 
1654. equity and prudence, can find out some way or meanes of 
union and reconciliation for you amongst yourselves, be- 
fore you become a prey to common enemies, especially 
since this State, by the last letter from the Council of 
State, gave you your freedom, as supposing a better use 
would have been made of it than there hath been? 
Surely, when kind and simple remedies are applied and 
are ineffectuall, it speaks loud and broadly the high and 
dangerous distempers of such a body, as if the wounds 
were incurable. But I hope better things from you, 
though I thus speak, and should be apt to think, that by 
Commissioners agreed upon and appointed in all parts, 
and on behalfe of all interests, in a generall meeting, such 
a union and common satisfaction might arise, as, through 
God's blessing, might put a stop to your growinge 
breaches and distractions, silence your enemies, encourage 
your friends, honor the name of God (which of late hath 
been much blasphemed, by reason of you), and in particu- 
lar, refresh and revive the sad heart of him who mourns 
over your present evils, as being your affectionate friend, 
to serve you in the Lord. 

H. VANE. 
Belleaw, the 8th of February, 1653-4. 



AND PROVIDENCE PLANTATIONS. 




Letter to Sir Henry Vane, on his retirement from office, in 
reply to his letter of the Sth February. 

Providence, 2Tth 6th mo., 1654 (so called). Henry vane' 

Although we are aggrieved at your late retirement from 
y^ helme of publicke affaires, yet we rejoice to reape y" 
sweete fruits of your rest in your pious and lovinge lines 
most seasonably sent to us. 

Thus Sir, your sun, when he retires his brightness from 
y* world, yet from y® very cloud we perceave his presence 
and enjoy some light and heat, and sweete refeshinge. 

Sir, your letters were directed to all and everie y® par- 
ticular townes of this Providence Colonic. Surely Sir, 
amongst y° many providences of y* Most High towards this 
Towne of Providence, and this Providence Colonic, wee 
cannot but see, apparently, his gracious hand, providing 
your honourable selfe for so noble and true a friend to an 
outcast and despised people. 

From y" first beginning of this Providence Colonic 
(occasioned by y"* banishment of some in these parts 
from y^ Massachusetts), we say ever since, to this very 
day, we reaped y® sweete fruits of your constant loving 
kindness and favour towards us. Oh, Sir, whence then 
is it, that you have bent your bow, and shot your sharpe 
and bitter arrowes now against us ? Whence is it y^ you 
charge us with divisions, disorders, &c. 

Sir, we humbly pray your gentle acceptance of our 
two-fold answer. 

First, We have been greatly disturbed and distressed 
byy® ambition and coveteousness of some amongst our- 
selves. 

Sir, we were in compleate order untill Mr. Coddington 
(wanting y* publike selfe denyeing spirit which you com- 



288 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. mend to us in your letter), procured by most untrue infor- 
'-'•"^''"*-' mation a monopolie of part of y*" Colonie, viz. : Rhode 
Island to himselfe, and so occasioned our generall disturb- 
ances and distractions. 

Secondly. Mr. Dyre (with no lesse want of a publike 
spirit), being by private contentions with Mr. Codding- 
ton ; and being betrusted to bring from England y® letter 
of y® Councell of State for our re-unitinge, he hopes for a 
recruit to himselfe by other mens goods ; and (contrarie 
to y" State's intentions and expressions), plungeth him- 
selfe and some others, in most unnecessary and unright- 
ous plunderings, both of Dutch and French and English ; 
all to our great griefe, who protested against such abuse 
of power from England ; and y*" end of it, even to y^ 
shame and reproach of himselfe, and y^ very English 
name itselfe, as all these parts doe witness. 

Sir, our second answer is, (y* we may not lay all y® load 
upon other men's backs) y* possibly a sweete cup hath 
rendered many of us wanton and too active. 

For we have long drunck of y° cup of as great liberties 
as any people y* we can heare of under the whole 
Heaven. 

We have not only been long free (together with all 
English), from y^ iron yoaks of wolfish Bishops and their 
Popish ceremonies (against whose cruell oppressions, God 
raised up your noble spirit in Parliament) ; but we have 
sitten quiet and drie from y*' streams of blood spilt by y"" 
warr in our native C(5untry. We have not felt y** new 
chains of y*" Presbyterian tyrants ; nor (in this colonie) 
have we been consumed with y® over-zealous fire of y*' (so 
called) Godly and Christian magistrates. 

Sir, we have not known what an excise means. We 
have almost forgotten what tythes are ; yea, or taxes, 
either to Church or Common weale. 

Sir, we could name other speciall priviledges (ingredi- 
ents of our sweete cup), which your great wisdome knows 
to be very powerfull (except more than ordinarie watch- 



AND PROVIDENCE PLANTATIONS. 289 

fulnesse), to render y® best of men wanton and forget- 1654. 

full. ^^^v^- 

But blessed be your love, and your loving heart and 
hand, awakening any of our sleepie spirits by your sweete 
alarms ; and blessed be your noble family (roote and 
branch), and all your pious and prudent engagements and 
retirements. We hope you shall noe more complaine of 
y® saddinge of your loving heart, by y® men of Providence 
Towne, or Providence Colonie ; but y*, sir, when we are 
gone and rotten, our posteritie and children after us, shall 
read iu our Towne records, y® pious and favourable letters 
and loving kindness to us ; and this answere and reall 
endeavours after peace and righteousnesse, and to be 
found. Sir, 

Your most obliged and most 

humble servants, 
The Towne of Providence, in 
Providence Colonie, in 
New-England, 
GREGORIE DEXTER, 

Towne Clarke. 
To y*" truly hon'ble 
Sir Henry Yane, 
at his house, at Belleaw, 
in Lincolnshire, 
these present. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Order to Massachusetts, from the Lord Protector's Coun- 
cil, relating to Roger Williams and Providence charter. 

To the Right Worshipful the Governor and Assistants, 
and the rest of our worthy friends in the Plantation of 
Massachusetts Bay.* 

Our much honoured friends : 

Taking notice, some of us, of long-time, of Mr. 
Roger Williams, his good affections and conscience, and 
of his sufferings by our common enemy and oppressor of 
God's people, the prelates ; as also of his great industry 
and travels in his printed Indian labours in your parts 
(the like whereof we have not seen extant from any part 
of America), and in which respect it hath pleased both 
Houses of Parliament to grant unto him and friends with 
him, a free and absolute charter of civil government for 
those parts of his abode, and withal sorrowfully resenting, 
that amongst good men (our friends), driven to the ends 
of the world, exercised with the trials of a wilderness, and 
who mutually give good testimony each of the other (as 
we observe you do of him, and he abundantly of you), 
there should be such a distance. We thought it fit, upon 
divers considerations, to profess our great desires of both 
your utmost endeavours of nearer closing and of ready ex- 
pressing those good affections (which we perceive you 
bear to each other), in the actual performance of all 
friendly offices. The rather because of those bad neigh- 
bours you are likely to find too near you in Virginia, and 
the unfriendly visits from the West of England and from 
Ireland. That howsoever it may please the Most High to 



* Hutchinson's Hist, of Massachusetts Bay. Hazard's State Papers, 
-vol. i. p. 495. 



AND PROVIDENCE PLANTATIONS. 291 

shake our foundations, yet the report of your peaceable 1654. 

and prosperous plantations, may be some refreshment to ^>-*»^v-^-- 
Your true and faithful friends, 
Cor. Holland, Robert Harley, 

John Blackistow, John Gurdon, 

Isaac Pennington, Northumberland, 

Miles Corbett, P. Wharton, 

Oliver St. John, Tho. Barrington, 

Gilbert Pickering, William Masham. 



[Roger Williams soon after his return from England, 
addressed the following letter, in his official capacity, to 
the General Court of Massachusetts ; and although not 
mentioned in the records, it is given as presenting a faith- 
ful account of the state of the Colony at the time.] 

Letter from Roger Williams, President of Providence 
Colony, to the General Court of Massachusetts. 

Providence, 5, 8, 1654 (so called). 
Much honoured Sirs : 

I truly wish you peace, and pray your gentle accept- 
ance of a word, I hope not unreasonable. 

We have in these parts a sound of your meditations of 
war against these natives, amongst whom we dwell. I 
consider that war is one of those three great, sore plagues, 
with which it pleaseth God to affect the sons of men. I 
consider, also, that I refused, lately, many offers in my 
native country, out of a sincere desire to seek the good 
and peace of this. 



292 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. I remember, that upon the express advice of your 
'"^'^^■'^^ ever honored Mr. Winthrop, deceased, I first adventured 
to begin a plantation among the thickest of these bar- 
barians. 

That in the Pequod wars, it pleased your honored gov- 
ernment to employ me in the hazardous and weighty ser- 
vice of negotiating a league between yourselves and the 
Narragansets, when the Pequod messengers, who sought 
the Narragansets' league against the English, had almost 
ended that my work and my life together. 

That at the subscribing of that solemn league, which, 
by the mercy of the Lord, I had procured with the Narra- 
gansets, your government was pleased to send unto me the 
copy of it, subscribed by all hands there, which yet I keep 
as a monument and a testimony of peace and faithfulness 
between you both. 

That since that time, it hath pleased the Lord so to order 
it, that I have been more or less interested and used in all 
your great transactions of war or peace between the English 
and the natives, and have not spared purse, nor pains, nor 
hazards (very many times), that the whole land, English 
and natives, might sleep in peace securely. 

That in my last negotiations in England, with the Par- 
liament, Councill of State, and his Highness, I have been 
forced to be known so much, that if I should be silent, I 
should not only betray mine own peace and yours, but 
also should be false to their honorable and princely names, 
whose loves and affections, as well as their supreme au- 
thority, are not a little concerned in the peace or war of 
this country. 

At my last departure for England, I was importuned by 
the Narraganset sachems, and especially by Ninigret, to 
present their petition to the high sachems of England, that 
they might not be forced from their religion, and, for not 
changing their religion, be invaded by war ; for they said 
they were daily visited with threatenings by Indians that 
came from about the Massachusetts, that if they would not 



AND PROVIDENCE PLANTATIONS. 293 

pray, they should be destroyed by war. With this their 1654. 
petition I acquainted, in private discourses, divers of the ^-«^^-— »-^ 
chief of our nation, and especially his Highness, who, in 
many discourses I had with him, never expressed the least 
tittle of displeasure, as hath been here reported, but, in 
the midst of disputes, ever expressed a high spirit of love 
and gentleness, and was often pleased to please himself 
with very many questions, and my answers, about the In- 
dian affairs of this country ; and, after all hearing of your- 
self and us, it hath pleased his Highness and his Council 
to grant, amongst other favors to this colony, some ex- 
pressly concerning the very Indians, the native inhabitants 
of this jurisdiction. 

I, therefore, humbly offer to your prudent and impartial 
view, first, these tv/o considerable terms, it pleased ^he 
Lord to use to all that profess his name (Rom. 12: 18), if 
it be possible, and all men. 

I never was against the righteous use of the civil sword 
of men or nations, but yet since all men of conscience or 
prudence ply to windward, to maintain their wars to be 
defensive (as did both King and Scotch, and English, and 
Irish too, in the late wars), I humbly pray your considera- 
tion, whether it be not only possible, but very easy, to live 
and die in peace with the natives of this country. 

For, secondly, are not all the English of this land, gen- 
erally, a persecuted people from their native soil? and 
hath not the God of peace and Father of mercies made 
these natives more friendly in this, than our native coun- 
trymen in our own land to us ? Have they not entered 
leagues of love, and to this day continued peaceable com- 
merce with us ? Are not our families grown up in peace 
amongst them ? Upon which I humbly ask, how it can 
suit with Christian ingenuity to take hold of some seeming 
occasions for their destructions, which, though the heads 
be only aimed at, yet, all experience tells us, falls on the 
body and on the innocent. 

Thirdly, I pray it may be remembered how greatly the 



594 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. name of God is concerned in this affair, for it cannot be 
"^-*'"^''*»-' hid, how all England and other nations ring with the glo- 
rious conversion of the Indians of New-England. You 
know how many hooks are dispersed throughout the na- 
tion, of the subject (in some of them the Narraganset chief 
sachems are publicly branded, for refusing to pray and be 
converted) ; have all the pulpits in England been com- 
manded to sound of this glorious work (I speak not ironi- 
cally, but only mention what all the printed books men- 
tion), and that, by the highest command and authority of 
Parliament, and church wardens went from house to 
house, to gather supplies for this work. 

Honored Sirs, 

Whether I have been and am a friend to the natives 
turning to civility and Christianity, and whether I have 
been instrumental, and desire so to be, according to my 
light, I will not trouble you with ; only I beseech you 
consider, how the name of the most holy and jealous God 
may be preserved between the clashings of these two, 
viz. : the glorious conversion of the Indians in New- 
England, and the unnecessary wars and cruel destructions 
of the Indians in New-England. 

Fourthly, I beseech you forget not, that although we 
are apt to play with this plague of war more than with 
the other two, famine and pestilence, yet I beseech you 
consider how the present events of all wars that ever have 
been in the world, have been wonderful fickle, and the 
future calamities and revolutions, wonderful in the latter 
end. 

Heretofore, not having liberty of taking ship in your 
jurisdiction, I was forced to repair unto the Dutch, where 
mine eyes did see that first breaking forth of that Indian 
war, which the Dutch begun, upon the slaughter of some 
Dutch by the Indians ; and they questioned not to finish 
it in a few days, insomuch that the name of peace, which 
some offered to meditate, was foolish and odious to them. 
But before we weighed anchor, their boweries were in 



AND PROVIDENCE PLANTATIONS. 295 

flames ; Dutch and English were slain. Mine eyes saw 1654. 
their flames at their towns, and their flights and hurries of ^-^^-^*=-' 
men, women and children, the present removal of all that 
could for Holland ; and, after vast expenses, and mutual 
slaughters of Dutch, English and Indians, about four 
years, the Dutch were forced, to save their plantation 
from ruin, to make up a most unworthy and dishonorable 
peace with the Indians. 

How frequently is that saying in England, that both 
Scotch and English had better have born loans, ship 
money, &c , than run upon such rocks, that even success 
and victory have proved, and are yet like to prove. Yea, 
this late war with Holland, however, begun with zeal 
against God's enemies, as some in Parliament said, yet 
what fruits brought it forth, but the breach of the Parlia- 
ment, the enraging of the nation by taxes, the ruin of 
thousands who depended on manufactures and merchan- 
dize, the loss of many thousand seamen, and others ; many 
of whom many worlds are not worthy ? 

But, lastly, if any be yet zealous of kindling this fire for 
God, &c., I beseech that gentleman, whoever he be to lay 
himself in the opposite scale, with one of the fairest buds 
that ever the sun of righteousness cherished, Josiah, that 
most zealous and melting-hearted reformer, who would to 
war, and against warnings, and fell in most untimely 
death and lamentations, and now stands, a pillar of salt to 
all succeeding generations. 

Now, with your patience, a word to these nations at 
war (occasion of yours), the Narragansets and Long- 
Islanders, I know them both experimentally, and there- 
fore pray you to remember, 

First, that the Narragansets and Mohawks are the two 
great bodies of Indians in this country, and they are con- 
federates, and long have been, and they both yet are 
friendly and peaceably to the English. I do humbly con- 
ceive, that if ever God calls us to a just war with either 
of them, he calls us to make sure of the one to a friend. 



296 RECORDS OF THE COLONY OP RHODE ISLAND, 

1654. It is true some distaste was lately here amongst them, but 
-^-^'^-'^^^ they parted friends, and some of the Narragansets went 
home with them, and I fear that both these and the Long- 
Islanders and Mohegans, and all the natives of the land, 
may, upon the sound of a defeat of the English, be in- 
duced easily to join each with other against us. 

2. The Narragansetts, as they were the first, so they 
have been long confederates with you ; they have been 
true, in all the Pequod wars, to you. They occasioned 
the Mohegans to come in, too, and so occasioned the Pe- 
quods' downfall. 

3. I cannot yet learn, that it ever pleased the Lord to 
permit the Narragansetts to stain their hands with any 
Enghsh blood, neither in open hostilities nor secret mur- 
ders, as both Pequods and Long-Islanders did, and Mohe- 
gans, also, in the Pequod wars. It is true they are bar- 
barians, but their greatest offences against the English 
have been matters of money, or petty revenging of them- 
selves on some Indians, upon extreme provocations, but 
■God kept them clear of our blood. 

4. For the people, many hundred English have ex- 
perimented them to be inclined to peace and love with the 
Enghsh nation. 

Their late famous long-lived Canonicus so lived and 
died, and in the same most honorable manner and solem- 
nity (in their way), as you laid to sleep your prudent 
peace-maker, Mr. Winthrop, did they honor this, their 
prudent and peaceable prince. His son, Mexham, in- 
herits his spirit. Yea, through all their townes and 
countries, how frequently do many, and oft-times one 
Englishman, travel alone with safety and loving- 
kindness ! 

The cause and root of all the present mischief, is the pride 
of two barbarians, Ascassassotic, the Long-Island sachem, 
and Ninigret, of the Narraganset. The former is, proud 
and foolish ; the latter is proud and fierce. I have not 
seen him these many years, yet from their sober men I 
hear he pleads, 



AND PROVIDENCE PLANTATIONS. 297 

First, that Ascassassotic, a very inferior sachem, bearing 1654. 
himself upon the English, hath slain three or four of his ^-*^v-*=. 
people, and since that, sent him challenges and darings to 
fight, and mend himself. 

2. He, Ninigret, consulted by solemn messengers, 
with the chief of the English Governors, Major Endicott, 
then Governor of the Massachusetts, who sent him an im 
plicit consent to right himself, upon which they all plead 
that the Enghsh have just occasion of displeasure. 

3. After he had taken revenge upon the Long- 
Islanders, and brought away about fourteen captives, 
divers of their chief women, yet he restored them- all 
again, upon the meditation and desire of the English. 

4. After this peace made, the Long-Islanders, pre- 
tending to visit Ninigret, at Block-Island, slaughtered of 
his Narragansets near thirty persons, at midnight, two of 
them of great note, especially Wepiteammoc's son, to 
whom Ninigret was uncle. 

5. In the prosecution of this war, although he had 
drawn down the Islanders to his assistance, yet upon pro- 
testation of the English against his proceedings, he re- 
treated and dissolved his army. 

Honored Sirs, 

1. I know it is said the Long-Islanders are subjects ; 
but I have heard this greatly questioned, and, indeed, I 
question whether any Indians in this country, remaining 
barbarous and pagan, may with truth or honor be called 
the English subjects. 

2. But grant them subjects, what capacity hath their 
late massacre of the Narragansets, with whom they had 
made peace, without the English consent, though still un- 
der the English name, put them into? 

3. All Indians are extremely treacherous ; and if to 
their own nation, for private ends, revolting to strangers, 
what will they do upon the sound of one defeat of the 
English, or the trade of killing English cattle, and per- 
sons, and plunder, which will, most certainly be the trade, 



298 RECORDS OF THE COLONY OF RHODE ISLAND, 

1654. if any considerable party escape alive, as mine eyes be- 
■^'^^^-^^^ held in the Dutch war. 

But, I beseech you, say your thoughts and the thoughts 
of your wives and little ones, and the thoughts of all Eng- 
lish, and of God's people in England, and the thoughts of 
his Highness and Council (tender of these parts), if, for 
the sake of a few inconsiderable pagans, and beasts, wal- 
lowing in idleness, stealing, lying, whoring, treacherous 
witchcrafts, blasphemies, and idolatries, all that the gra- 
cious hand of the Lord hath so wonderfully planted in the 
wilderness, should be destroyed. 

How much nobler were it, and glorious to the name of 
God and your own, that no pagan should dare to use the 
name of an English subject, who comes not out, in some 
degree, from barbarism to civility, in forsaking their filthy 
nakedness, in keeping some kind of cattle, which yet your 
councils and commands may tend to, and, as pious and 
prudent deceased Mr. Winthrop said, that civility may be 
a leading step to Christianity, is the humble desire of your 
most unfeigned all services of love, 

EOGER WILLIAMS, 
of Providence Colony, 

President. 



lNd providence plantations. 




1655. 

The Roule of if Freemen of if Colonie of everie Toivne. 



PROVIDENCE. 



William Arnold, 
Thomas Angell, 
James Ashton, 
John Browne, 
Samuel Bennett, 
William Burrowes, 
Henrie Browne, 
Hugh Buitt, 
Thomas Clement, 
Nathaniel Dickens, 
Gregorie Dexter, 
William Carpenter, 
John Feild, 
William Feild, 
Arthur Fenner, 
William Harris, 
Thomas Harris, 
William Hawkins, 
Thomas Hopkins, 
Edward Jermon, 
John Joanes, 



Roger Mowrie, 
Edward Manton, 
Thomas Olney, Sen'r, 
Thomas Olney, Jun'r, 
Nicholas Power, 
Henrie Redick, 
Thomas Roberts, 
John Sailes, 
Thomas Sncklinge, 
Christopher Smith, 
Richard Scott, 
Thomas Slowe, 
John Throgmorton, 
Roger Williams, 
Robert Williams, 
Robert West, 
Richard Waterman, 
Wm. Wickenden, 
Thomas Walline, 
Josua "^Vinser, 
Mathew Waller. 



John Anthonie, 
John Alsberre, 
William Almy, 
John Archer, 
Richard Burden, 
Thomas Brooks, 



PORTSMOUTH. 

Nathaniel Browninge, 
William Brenton, 
William Baulston, 
Fran: Braiton, 
Nicho: Browne, 
John Briggs, 
20 



300 


RECORDS OF THE COLONY OF RHODE ISLAND, 


1655. 


James Badcock, 


Adam Mott, Sen'r, 


^^.-v-^ 


Tho: Brownell, 


Adam Mott, Jun'r, 




Thomas Burden, 


John Mason, 




Francis Burden, 


Richard Morris, 




William Baker, 


William Monis, 




Thomas Cornell, Sen'r, 


Jonathan Mott, 




Ralph Cowland, 


Samuel Gennings, 




Thomas Cooke, Sen'r, 


John Porter, 




Thomas Cooke, Jun'r, 


George Parker, 




John Cranston, 


Arthur Paine, 




Gregorie Cole, 


John Roome, 




John Cooke, 


Phillip Sherman, 




Ralph Earle, 


Giles Slocum, 




Edward Fisher, 


John Sanford, 




Thomas Fish, 


James Sandes, 




John Ford, 


Richard Sussell, 




WilHam Freebome, 


John Sanford, Jun'r, 




Thomas Gorton, 


John Tripp, 




Thomas Gennings, 


John Tift, 




Math: Greenell, 


Fred: Sheflaeld, 




Thomas Hazard, 


Samuel Wilbore, Sen'r, 




Richard Hawkins, 


Sam'l Willson, 




William Hall, 


Samuel Wilbore, Jun'r, 




Sam: Hutchinson, 


Thomas Warde, 




William Havens, 


William Woodhill, 




Robert Hazard, 


James Wee den, Sen'r, 




William James, 


Robert , 




Thomas Laiton, 


Henrie ■ , 




George Laighton, 


Phillip Taber (1656). 




John Mott, 






NEWPORT. 




Benedict Arnold, 


Henrie Bassett, 




James Barker, 


Nicho. Blackford, 




George Blisse, 


Math. Boomer, 




Henrie Bull, 


John Coggeshall, 




Robert Bennett, 


William Coddington, 



AND PROVIDENCE PLANTATIONS. 



301 



John Clarke, 
Jeremiah Clarke, 
John Crandall, 
Richard Card, 
Jeffery Champlin, 
Robert Carr, 
Caleb Carr, 
Thomas Clarke, 
Joseph Clarke, 
John Coggeshall, Jun'r, 
Nicho: Cotterell, 
John Cranston, 
William Case, 
Thomas Cleveton, 
William Dyre, 
Richard Dunn, 
William Devill, 
Nicholas Easton, 
Peter Easton, 
John Easton, 
John Feirefield, 
Robert Griffin, 
John Greene, 
Edward Greenman, 
Jeremiah Gould, 
David Greenman, 



Thomas Gould, 
John Gould, 
George Haman, 
Bartho: Hunt, 
Samuel Hubbard, 
John Hall, 
William Haviland, 
William Jeffery, 
Richard Knight, 
Edward Larkin, 



Marke Lucar, 
William Lytherland, 
James Mann, 
John Peckham, 
Thomas Painter, 
John Parker, 
Alexander Partrigge, 
John Richmond, 
William Richinson, 
Edward Robinson, 
James Rogers, 
Robert Spinke, 
Robert Stanton, 
Tobia Sanders, 
Edward Smith, 
Edward Thurston, 
John Thornton, 
Robert Taylor, 
Richard Tew, 
John Smith, 
Thomas Tooley, 
Joseph Torey, 
Thomas Vaulston, 
William Vaughan, 
John Vaughan, 
Matthew West, 
Clement Weaver, 
William Weeden,, 
John West, 
John Wood, 
James Weeden, 
Clement Weaver, Jr., 
Jeremia Willis, 
James Weeden, Jr., 
William Wickington, 
Marmaduke Ward, 
Owen Williams, 



1655. 



302 


RECORDS OF THE COLONY OF RHODE ISLAND, 


1655. 


Emanu: Wooley, 


Robert Birdict (1656) 


V-.-v-*^ 


Thomas Waterman, 


Thomas Dungin, 




Peter Tallman, 


Obadiah Holmes, 




John , 


Andrew Langworth, 




Robert , 


Henry Perran, 




John , 


Lawrence Turner. 




WARWICKE. 




Edward Andrewes, 


John Haydon, 




George Baldwin, 


Henrie Knowles, 




Peter Bazicott, 


John Lippet, 




Richard Carder, 


John More, 




Walter Conigrave, 


George Palmer, 




John Cooke, 


John Smith, 




Samuel Gorton, 


John Sweete, 




Samuel Gorton, Jr., 


Thomas Stafford, 




John Greene, Sen'r, 


James Sweete, 




John Greene, Jun'r, 


Richard Townsend, 




Peter Greene, 


Walter Todd, 




Thomas , 


Richard , 




James Greene, 


John Townsend, 




Thomas Greene, 


Chris. Uthanke, 




John Garriard, 


John Weekes, 




Thomas Evington, 


Henrie Townsend, 




Randall Houlden, 


Stuckle Wescoate, 




Ezekiell Holliman, 


Robert Wescoate, 




Christopher Hawxhurst, 


Amos Wescoate. 



AND PROVIDENCE PLANTATIONS. 303 

1655. 



The Generall Court of Election held at Providence, 
May 22d, 1655. 



Mr. Roger Williams, Moderator. 



FREEMEN RECEIVED. 

William Havilancl, Robert Berdick, Tobia Sanders, of 
Newport. William Case, Hemy Perrie, John Feirfield, 
Thomas Waterman. 

Mr. Roger Williams, President. 

Mr. Thomas Olnie, Assistant for Providence, and next 
in voate Mr. Dexter. 

Mr. John Roome, Assistant for Portsmouth, Mr. Baul- 
ston next. 

Mr. Benedict Arnold, Assistant for Newport ; Mr. Ed- 
ward Smith next. 

Mr. Randall Houlden, Assistant for Warwick ; Mr. 
Holliman next. 

William Lytherland, Generall Recorder, John Greene, 
Jun'r, next. 

George Parker, Generall Sargeant ; Rich'd Knight 
next. 

Capt. John Cranston, Generall Attorney. 

Mr. John Sanford, Generall Treasurer ; Mr. John 
Coggeshall next. 

Mr. John Greene, Junior, Generall Solicitor ; Hugh 
Buitt next. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



The Court of Commissioners. 



Providence. 



Mr. Roger Williams, 
Wm. Wickenden, 
Thomas Harris, 
Arthur Fenner, 
Richard Waterman, 
Mr. John Sailes. 



Newport. 



' Capt. John Cranston, 
Mr. Benedict Arnold, 
Mr. John Easton, 
Mr. Edward Smith, 
Mr. John Gould, 
Henrie Bull. 



Portsmouth. 



'Mr. William Baulston, 
Mr. John Roome, 
John Tripp, 
\ John Briggs, 
I Thomas Laighton, 
(^ Thomas Brownell. 



Mr. John Greene, Sen'r, 

Stucle Wescoate, 

,^ . , Mr. Ezekiel Holiman, 

Warwick. < ^ , „ ^ , 

John Greene, Jun r, 

Richard Harcutt, 

^ Christopher Hauxhurst. 

1. It is ordered by the Commissioners, that William 
Lytherland, Recorder, shall be f Clarke of y° Assemblie 
of Commissioners. 

The Court adjourned till morninge, sunne one houre 
high. 



AND PROVIDENCE PLANTATIONS. 305 

1655. 

May the 26th. ^^^^-^ 
Mr. Roger Williams, Moderator. 

2. It is ordered, that what the President hath pre- 
sented, shall be committed to a sub-committee of eight 
men, two of each Towne. 

For Providence, Arthur Fenner, and William Wick- 
enden. 

For Portsmouth, Mr. William Baulston, and Mr. John 
Roome. 

For Newport, Mr. Benedict Arnold, and Capt. John 
Cranston. 

For Warwick, Mr. John Greene, Sen'r, and Mr. Eze- 
kiell Holliman. 

3. It is ordered, that it shall be recorded, that be- „ 

' ' Records. 

cause y^ Generall Court were deprived of y^ generall re- 
cords, they were enforced to procure y*" coppie from y^ 
Towne of Providence, and two messengers sent to borrow 
them of Mr. Dexter, Towne Clarke. 
The Court adjourned for one houre. 

4. It is ordered, that y^ officers of each Towne shall Engage- 
send by warrant and deliver to y^ sargent or constable, 
requiringe all such to apeere at their next Towne Meetinge 

as have not yet taken their engagement to y" obedience 
of y^ State of England. Such as apeere shall be desired 
to subscribe to subject to y^ authority of His Highness, and 
y^ Parlement of England, as y"* government is now estab- 
lished. Such as refuse to apeere, or apeere and refuse 
to subscribe, shall be summoned by y^ generall officer or 
towne officer to apeere at y^ next Court of trialls. 

5. It is ordered, that there shall be holden three Gen- Time of 

' Colonie 

erall Courts of tryalls in one yeare in this Colonie, after *^°'''"*'- 
y'^ present Generall Court of trialls heere at Providence is 
ordered. The first Court in order to be held y'' last Tues- 
day in June next at Portsmouth. The second in order to 
be held y" second Tuesday in October next at Newport. 
The third Court in order, to be held y*" second Tuesday in 



306 RECORDS OF THE COLONY OF RHODE ISLAND, 

1655. March next at Warwick. And then y® next yeare y^ 
'-^'"^'■"*^ next court in order, to be held y" last Tuesday in June, at 
Providence ; and soe followinge by turne in y*" foresaide 
order, any former order notwithstandinge. 

6. We further agree, that such as refuse to owne y*" 
not suv °^ authoritie of his Highness y"" Lord Protector, and y*" Par- 



Bcribing to 
support t" 
Lord Pro 



support the lenient of England, as y*" government is now established ; 



and to subscribe at their apeerance at y° Generall Court, 
shall have noe benefit nor privilege in any law of y'' Colo- 
nic in any case that shall befall, untill they have sub- 
scribed y*" engagement. 
Taxes°°^ "^ • ^^ ^^ ordcrod, that y° raisinge of Generall Taxes 
Rates, &c. gj^^jj -^^ ordcrcd by y*" Generall Court of Commissioners, 
as they shall see cause from time to time as to y*" sumes, 
and how they shall be proportioned on each Towne ; as 
alsoe, who in each Towne shall have power to make y^ 
rates, and who are to give forth warrants for y® gatheringe 
of them ; as alsoe in case of any refusinge to pay, to or- 
der assistance to him or them that are authorized to give 
warrants, or to gather y*" rates as need shall require. 
penaitiefor 8. It is ordcrod, that in case y" officers require y^ aide 
iageoffi- of any persons in gatheringe of rates, or takinge of fines, 
he that refuseth assistance shall forfeit ten shillings ; and 
in case of breach of y° peace, or y*" apprehendinge of felo- 
nious persons, any person refusinge y"* officer command- 
inge his assistance in his Highness's name, he shall 
answer for y*" mischiefe that shall ensue, for want of his 
assistance. 

0. It is ordered, that these words (to the utmost of 
menfr" your powcr) be inserted in y*" engagement of y'' Generall 
ofiicers, immediately after y^ words, faithfully and truly. 
The Recorder engaged. 
The President engaged. 
Mr. John Roome, Assistant, engaged. 
e'Saged!"'" 10. Itt is ordcrcd, that those Generall ofiicers that 
are uppon y*" Hand, and yet unengaged, shall be ingaged 
by y® Recorder, and those uppon y' maine by y^ President. 



AND PROVIDENCE PLANTATIONS. 307 

11. That whereas, it hath been debated in this Court 1655. 
of some risinge or takinge up of armes to y^ oposeinge of ^;^^^^;'"^' 
f.uthoritie by Mr. Tho: Olnie, Mr. Baulston, and Mr. oinie. 
Roome, are desired to treate with him, and to declare to 

him y*" miude of this Court, and y*' proceedings of y*" Colo- 
nie concerninge him. 

12. It is ordered, that uppon y® cominge of strangers, fuangws*!^ 
who are sent after into any Towne of this jurisdiction, y'' 
Generall and particular officers of each Towne may send 

for them ; and if they see cause, returne them unto y^ 
jurisdiction that sends after them ; or, if they find any 
case difficult, they shall call y" Towne together to know 
theire mindes about them. 

13. It is ordered, that Captaine John Cranston, Hen- 



Sub- 



rie Bull, John Greene, Jun'r, John Tripp, and Christo- ^™p','||, 
pher Hawxhurst, are chosen a sub-committee to ripen ijuors^. °^ 
against morninge, some w^ay for suppressinge of sellinge 
liquors. 

Mr. Thomas Olnie, Assistant for Providence, en- 
gaged. 

Mr. Benedict Arnold, and Mr. John Easton are added 
to y*" former six apoynted as abovesaid. 

14. It is ordered, that all such as are chosen by y"^^ ^^^^^ 
Towne for Commissioners, each man shall be allowed commis-°^ 
three shillings per day by the Towne wherein they are ^'°'^^'^- 
chosen. It is further ordered, that any man chosen for a 
Commissioner, if he apeere not, havinge noe leave of y" 
Towne for his disapeerance ; or apeeringe, shall depart 

y" Court without leave, he shall loose his allowance of 
three shillings per day ; and alsoe forfeite to y^ Towne 
six shillings per day for each day of y'' Courts sittinge. 

15. It is ordered, that theire shall be added sixpence ^u'^rfem^ 
per jurie man, uppon each cause tryed, soe that it now is 

two shillings per jurie man for everie action. 

16. For y*" preventinge of y^ great mischiefe of y*" In- ^^'^'^^J'® 
dian drunkenness, it is thought meet in y' first place, thatEs'sd"^ 
there be two ordinarie keepers apoynted in each Towne, ta^'e"'^ '^" 



308 RECORDS OF THE COLONY OF RHODE ISLAND, 

1655. and that none but those shall sell any sort of strong drink, 
'-'*^''"*-' either to English or Indians by retaile ; that is to say, 
under a gallon ; and in case any shall be found to trans- 
gress herein, they shall be fined five pounds for each 
transgression, and it shall be taken by distraint by y° con- 
stable, havinge a warrant from under y*" magistrates's 
hands ; and halfe y*" fine shall be to y^ constable and his 
aide, together with y*" informer. 

Further it is agreed, that neither of those ordinarie 

Indians O ' 

neTJ!""""' keepers shall sell to y'' Indians, above a quarter of a pint 
of liquors, or wine a day, to a person. And in case any 
Indian be found drunke, y*" ordinarie keeper by whose 
meanes he is made drunke shall pay 20 shillings for each 
person's transgression ; and y^ Indian shall pay ten shil- 
lings, or be whipt, or laide necke and heels ; and this forth- 
with to be taken by y" Constable, havinge a warrant either 
from y'' generall or y^ Towne magistrates' hands. 

Search for Furthcrmorc, be it enacted, that y^ constable and y^ or- 

iiquers or ' 'J J 

'"°*- dinarie keepers of each Towne, havinge a warrant from 
y® magistrates handes shall have power as causes present 
it selfe to them, to search any man's house to see what 
quantitie of liquors or wine they have. 

Jquors. It is further agreed, that what liquors are retayned in 

this Colonic, shall not be sold to exceed four shillings a 
quart, at peage six per pennie, throughout y*" Colonic. 

Further, for y*" prevention of y^ abuse aforesaid, we 
agree to enact by this present Court, that in each Towne, 
or other part or parts of this Colonic wheresoever any 
wine or liquors, or other sorts of stronge drinke is either 
at present beinge in y*" possession of any person or persons 
in this Colonic ; or shall at any time thereafter be brought 
from elsewhere into this Colonie ; that person or persons 
whosoever he or they bee within this Colonie, that^hath 
in possession any such commoditie as is premised, shall, 

of Liquorit witMu ouc wcck immediately after y'' publication of this 
order, cause it all to be recorded in y'' Towne's records, in 
which Towne he dwells, or is otherwise beinge, or be- 



AND PROVIDENCE PLANTATIONS. 309 

longinge therein, or thereto. And further, any such 1655. 
drink that shall afterwards be any wayes brought into ^-*'->'-*-' 
y® precincques of any towne in this Colonie from time to 
time, shall be recorded as aforesaide, in y^ saide respec- 
tive Towne booke or bookes ; and if any person uppon 
search shall be found to have concealed any such drinke, 
and not recorded y'' same within two dayes after y' bring- 
ing y^ same as afore prescribed, that person or persons, 
whoever he or they bee, shall forfeit all such liquors, or 
other such aforesaide concealed drinke ; and y*" one halfe 
of it soe forfeited, shall remaine to y^ Treasurie of y° 
Towne, and y'' other halfe to y^ men apoynted to search out 
and seize on such concealed drinke ; or, if any other per- 
son doe informe, those, or either of those searchers, &c., he 
shall have an equall share for his part of y*" said halfe for- 
feiture, equivalent to either one of them; and y'' Towne Fees. 
Clarke shall have after y^ rate of three pence an anchor 
for recordinge of all such drink as is premised. 

Further, we agree, that there shall be excise both up- 
pon wine and liquors throughout y'' Colonie, after y" rate 
of five shillings upon everie anchor of liquors ; and five 
shillings upon everie quarter cask of wine, which shall be 
taken by y*" sargent of each Towne by warrant, unless 
they pay it in of their owne accord ; and it is to returne 
to y^ Towne Treasurie where it is taken. Further, it is 
in y^ power of each Towne to make order for y"" further 
or stricter performance of this order abovesaide. 

17. It is ordered, that whosoever of y^ Commissioners p^^^^^^le „; 
that are chosen from amongst y*" rest for a sub-committee commutee. 
and refuseth, shall forfeite two shillings for his refusall. 

The Suh- Committee. 

Arthur Venner, Thomas Harris, Mr. Roome, John 
Tripp, Mr. Arnold, Mr. Edward Smith, Mr. Wescoate 
and John Greene, Jun'r. 

The Courte adjourned for one houre. 

18. It is ordered, that John Parker is freed from his 



RECORDS OF THE COLONY OF RHODE ISLAND, 

1655. bonds of prosecutinge of Samuell Comstocke, and hath 
libertie either to compose or prosecute. 

19. It is ordered, that Robert Griffin shall be paide 
his monie due to him from y" Colonic, paide to him out of 
y*" Generall Treasurie from y*" first fines that are taken, or 
rates that are made for y'' Colonic, and shall be allowed 
twelve in y^ one hundred for forbearance. 
Trespasses 20. It Is ordcrcd, that in case of trespasses, or tak- 

to compose. , _ 

inge of other men's goods which may possiblie beare y^ 
charge of theft, there shall be libertie for y*" partie offend- 
ed, to compose y*" matter with y*"^ partie offendinge, or 
prosecute y*" offender legally, at his choyce ; provided, y* 
person offendinge, be not a notorious delinquent formerly 
in the like kinde ; and this order to stande for a tryall, 
for y" convenience or inconvenience thereof untill y® Colo- 
nic see cause to alter it. 
Prisons. 21. It is ordered by this present Court, and alsoe by y^ 

Commissioners of Portsmouth and Nev/port, in behalfe of 
y" two Townes aforesaide, namely : That Newport shall 
build a sufficient prison at y" charge of eightie pounds ; 
whereof Portsmouth shall pay twentie pounds ; in 
in lieu whereof, Portsmouth shall have the use of y'' saide 
prison to put theire prisoners in ; and alsoe it is ordered, 
and concluded by engagement as abovesaide, that Ports- 
mouth shall build a cage and stocks therein for y® use of 
theire own Towne and for Newport if occasion be. 

Id. It is further ordered, and also y^ Commissioners of 
Providence and Warwick in behalfe of y" two Townes 
aforesaid, namely : that Warwick shall build a sufficient 
prison at y^ charge of fortie and one pounds, whereof 
Providence is to pay six pounds ; in lieu whereof. Provi- 
dence shall have use of y*" saide prison, to putt theire 
prisoners in ; and also it is ordered and concluded by en- 
gagement as abovesaide, that Providence shall build a suf- 
ficient cage or prison, sufficient with a paire of Stocks, at 
y^ charge of fourteene pounds ; which prison, cage or stocks, 
Warwick alsoe shall have y'' use thereof if occasion be. 



AND PROVIDENCE PLANTATIONS. 311 

It is further ordered, that when y'' Colonie Courts are 1655. 
uppon y" maine, y° prisons there shall be for y'' use of y^ ^-*-v-^^ 
Colonie ; and when y® Courts are uppon y'' Island, then 
y® prisons there to be for y^ use of y'' Colonie likewise. 

Id. It is ordered, that there shall be three men in 
each Towne to make y" rates for y*" accomplishinge of y^ 
worke abovesaide. Only foure are chosen for Newport, 
and it is left to each Towne to add to those three or foure 
in each towne if they see good, or to change and putt 
others in theire roome, but yett soe as y^ worke be not 
neglected. 

The men chosen. 

FOR PROVIDENCE. FOR PORTSMOUTH. 

Mr. Roger Williams, Mr. John Roome, 

Mr. John Sayles, John Briggs, 

Mr. Thomas Harris. John Tripp. 

FOR NEWPORT. FOR WARWICK. 

Capt. Thomas Cranston, John Greene, Jun'r, 

Mr. Benedict Arnold, Mr. Ezekiel HoUiman, 

Henrie Bull, Richard Harcutt. 
Mr. John Easton. 

22. It is ordered, that Portsmouth shall pay y^ twen- 
tie pounds abovesaide to Newport and Providence, y" six 
pounds to Warwicke at or before y'' twentieth of July 
next. 

The Court adjourned till morninge. 

May the 2bth. 
Mr. Roger Williams, Moderator. 

23. It is ordered, that a person convicted of adulterie 
by two punctuall witnesses uppon y" Island, shall be 
whipt, receiving fifteen stripes at Portsmouth ; and after 
a weekes respite, y® like punishment at Newport. If up- 
pon y^ maine, they shall receive fifteen stripes at Provi- 



Adulteric 
Penaltie. 



312 RECORDS OF THE COLONY OF RHODE ISLAND, 

1655. dence, and after a weeks respite y^ like punishment at 
-^"v--^/ Warwicke. And for a second offence, y® delinquents 
shall receive y*" like punishment at all y^ foure Townes. 
Further, for y"" first offence, y'' delinquents shall pay to- 
wards public charges tenn pounds ; and for y® second of- 
fence twentie pounds. Further, for y° first offence y^ de- 
linquent shall be baleable ; but for y° second offence, not 
bailable. 

24. It is ordered, that in case of adulterie, a arenerall 

Divorco. ' . 

or towne magistrate may grant a bill of divorce against 
y*" partie offendinge uppon y® demand of y^ partie of- 
fended. 

Id. But in all other cases of separation or divorce be- 
twixt man and wife, all persons shall addresse themselves 
for release to y* Generall Court of Commissioners ; and if 
any persons in this Colonic shall part themselves and mar- 
rie againe without y^ authoritie of y" Court of Commis- 
sioners, or be convicted of carnal copulation with any 
other, they shall be punished as in case of adulterie. 

It is ordered, that Thomas Genings shall goe and de- 
Thomas mand his wife to live with him, but in case she refuse, he 

Genings. 

shall make his addresse to the Generall Court of Commis- 
sioners for redresse in y*" case. 

25. It is ordered, that y*" Generall Recorder now 

Records. •' 

chosen, shall demand and receive all y® records that were 
committed to Joseph Torrey, when he was chosen re- 
corder. Further, it is ordered, that y'' Recorder now 
chosen, shall write out in a booke suitable to that which 
now is in which y*" records are, all those matters that con- 
cerne y' Colonic ; that y' records of y'' landes of y^ Island 
may be left at y^ disposeinge of y" two townes uppon y^ 
Island, and y^ Island is to be at y'' charge, both of y* 
booke and transcription. 




AND PROVIDENCE PLANTATIONS. 

A Sub- Committee. 
Mr. Thomas Harris, Capt. John Cranston, 

Mr. Arthur Venner, Mr. Benedict Arnold, 

Mr. John Roome, Mr. John Greene, 

John Tripp, Mr. StuckelyWestcoate. 

26. It is ordered, that y*^ Towne Sargent of each ^^dTrant- 
Towne shall be y*" generall sargents deputie, to serve a'""*""^'"'' 
writt in case of haste ; and further, that y*" Generall As- 
sistant in each Towne hath power to grant forth writts in 

case y^ partie to be aiTCsted be in likelihood of escape be- 
fore a writt from y" Recorder can be procured. 

27. It is ordered, that all those acts and orders that Rejords. 
have passed since y^ union of y® Colonie, shall be entered 

and recorded in y*" booke of records of y^ Colonie. 

28. It is further ordered by this present Assemblie, ordinarie 
and hereby enacted, that, Whereas there shall be two''*'^^^"' 
houses for entertainment in each Towne (accordinge to y^ 
former law made by this present Court), for y^ certaintie of 
such houses of entertainment that shall be in present beinge 

and employment in each towne ; and that this Court shall 
nominate and appoynt two persons to keepe such houses 
of entertainment in each towne ; and they are hereby 
lawfully confirmed in y*" imployment untill each respective 
towne doe nominate and appoynt two others in their 
stead, and putt them in that employment actually ; and 
if they apoynt one other insted of those nominated, yett 
y° other by this Court nominated, shall stand actually con- 
firmed in y'' employment untill another be chosen in his 
stead by y'^ Towne. 

That uppon consideration hereof, y" Court hath nomi- 
nated and apoynted to y^ same employment, namely : 

FOR PROVIDENCE. FOR PORTSMOUTH. 

Roger Mowrie, Ralph Earle, 

Richard Perry, John Anthonie. 




House of 
entertain- 
ment. 



Signs. 



RECORDS OP THE COLONY OP RHODE ISLAND, 
FOR NEWPORT. FOR WARWICK. 

Robert Griffin, Mr. Stuckley Wescoate. 

Wm. Lytherlancl. Mr. Robert Potter. 

And this act shall be in force within ten clayes after y® 
publishing hereof in each Towne ; only it is proyided, 
that each Towne, or any one Towne, may add any such 
one house of entertainment in theire Towne besides two 
that y" Court hath apoynted ; and Mr. Baulston at Ports- 
mouth, shall be at libertie to entertaine accordinge to y^ 
premises. 

It is further ordered, that each one so apoynted as pre- 
mised, for y*" saide imployment, shall cause to be sett out, 
a convenient signe at y" most perspicuous place of y^ saide 
house, thereby to give notice to strangers, that it is a house 
of publick entertainment ; and this to be done with all 
convenient speede. 
capt^ 29. That an answer of Captaine Morris his letter, 

shall be sent to Plymouth accordinge as it is drawne upp 
by y^ President. 

30. It is ordered, that y^ President shall give libertie 
to Mr. John Coggeshall to contract a new marriage. 

31. It is ordered, that uppon a petition, y^ President, 
at y*" latter end of June next, shall treate with Mr. Wm. 
Dyre, concerninge y" vessell of Mr. Christopher Almie ; 
and, if finding it just, shall write in y^ behalfe of said 
Christopher to y*" authoritie in England to regulate y*" mat- 
ter and relieve y^ petitioner. 

swearinge 32. It Is ordcrcd, in case any be found to be a noto- 
!w ^curB- ^,^^^g ^^^^ customarie swearer, and curser, if complained 
on, and due probation made to y'' Magistrate of Towne or 
Colonie, for y* first defaultt, he shall be admonished; and 
for second complaynt and probation, he shall either sitt in 
y*" stocks two houres, or pay five shillings, which y" mag- 
istrate shall have power to effect. 

33. It is ordered, that y"* Recorder (in case there be 
noe suites dependinge,) shall give notice timely to the 



Morris. 



Mr. Cogges 
hall. 



ChriBto, 
Almie. 



AND PROVIDENCE PLANTATIONS. 31^ 

severall Townes, or to y'' maine, to y" onetowne, and to y' 1G55. 
two Townes uppon y'' Island, to preventy'' Courts; and '-''"^'-^*- 
shall have thirteen shillings and fourepence for his^™^^'Jf°f> 
paines and charge, for such sendinge an expresse and 
messenger. 

34. It is ordered, that in case any Generall Assistant ^s"'^"^"'- 
shall be wan tinge in any Towne, it shall be in y® power of 

y'' Towne to choose another. 

35. It is ordered, that Mr. Roome and John Briggs g^™ 
shall take care in Thomas Genings case, and to treate 
with his wife, and to declare y® Court's minde concerninge 
her, and to bringe a true report to y'' next Generall Court 

of trialls. 

36. Whereas, Mr. Burden hath petitioned to this As- Burden. 
semblie for redress in a case, wherein he is bound over to 

y^ Generall Court to prosecute Samuel Willson, in a case 
of suspicion of felonie ; and y*' saide Richard Burden pro- 
fessinge before this Court, that he doth not charge him, 
neither can he make proof of any such matter ; this Court 
findinge y'' matter not fit to be brought to a Court of try- 
alls, he, y" saide Burden having cleared him, doe give an 
order for y^ bonds to be withdrawne. 

37. It is ordered, that y® Recorder shall have for y® 
writinge of y^ acts of this Court, and coppies to each towne, 
eight shillings of each towne. 

FFINIS. 



21 




RECORDS OF THE COLONY OF RHODE ISLAND, 



June y' 2m, 1655. 
The Court of Commissioners at Portsmouth. 



FOR PROVIDENCE. 

Mr. Roger Williams, 
Mr. Thomas Olriey, 
William Feild, 
William Dyre, 
Mr. James Barker, 
Mathew West. 



FOR PORTSMOUTH. 

Mr. William Banlston, 
Mr. John Roome, 
John Briggs, 
John Tripp, 
Thomas Lighton, 
Thomas Brownell. 



FOR NEWPORT. 

Capt. John Cranston, 
Mr. Benedict Arnold, 
Mr. Edward Smith, 
Mr. John Gould, 
Mr. Joseph Clarke, 
John Greene. 



FOR WARWICK. 

Mr. Sam'l Gorton, Sen'r, 
Mr. Randall Houlden, 
Mr. John Weekes, 
Mr. Robert Potter, 
Mr. Ezekiel Holiman, 
John Greene, Jun'r. 



1. Ordered, that the Recorder is Clarke of y'' As- 
semblie. 

His Highness' Letter to y^ Colonic read. 



To our trustie and well-beloved y^ President, Assistants 
and Inhabitants of Rhoade Island, together with y" rest 
of y^ Providence Plantations in y" Narragansetts Bay, 
in Nev7 England. 

Gentlemen : 

Your agent here hath represent- 
ed unto us some particulars concerninge your Government 
which you judge necessary to be settled by us here ; but 
by reason of y*" other great and weightie affaires of this 
Commonwealth, we have been necessitated to deferr y^ 



AND PROVIDENCE PLANTATIONS. 317 

consideration of them to a further opportimitie ; for y^ 1655. 
meane time we were willinge to lett you Imow, that you ^-*»--v-<fc^ 
are to proceede in your government according to y^ 
tenor of your Charter formerly granted on that behalfe, 
takinge care of y" peace and safetie of those plan- 
tations ; that neither through any intestine commotions, 
or forragne invasions, there doe arise any detriment or dis- 
honour to this Commonwealth or yourselves, as farr as you 
by your care and diligence can prevent. And as for y" 
things which are before us, they shall as soone as y*" other 
occasions will permit, receive a just and fittinge determi- 
nation. And soe we bid you farewell and rest. 
Your verrie lovinge friend, 

OLIVER. P. 
29th March, 1655. 

The Court adjourned till morning. 

June y^ 2Wi, 1655. 

Captaine Morris in y^ roome of John Gould and William 
Lytherland in y*" roome of John Greene, both for New- 
port. 

Mr. Roger Williams, Moderator. 

1. It is ordered, to prevent deficiences in non-appear- commis- 

'■ ^ ^ sioners. 

ance of Commissioners, we confirme y"" former law iu;. ; j 
at 'Warwicke and confirmed at Providence in May last, 
that y® commissioners chosen in May last shall stand till 
y'' first Tuesday in May next, except y^ Townes shall 
please to choose another and send others. 

2. It is ordered, for y^ more speedy callinge of the Messenger. 
Generall Assemblie, that twentie shillings be allowed out 

of y^ publicke treasurie for satisfaction of a speedy mes- 
senger to repaire with letters or warrants unto all y® sever- 
all Townes of this Colonic respectively, 

3. It is ordered, that a letter of Thanksgivinge may 5,tanL*ST- 
be sent from this court to Mr. John Clarke in England ; '°^^' 
and as Mr. Clarke hath advised us, a letter of our humble 
Thanksgivinge to y* Lord President of y^ Councill, in 



318 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G55. which shall be our prayer to his Lordship, to present our 

^-^^^-*-' huuible submission and acknowledgment to his Highness 
y" Lord Protector. 

4. That since we have certaine information that his 
Highness hath lately received complaints against us, that 

Whoredom yfQ abouudc wlth whorcdom ; it is ordered, that uppon y® 
complainte of solicitations, to whoredom, of wanton and 
laciviousnesses tendinge to whoredome, of y'' assaultinge 
of a woman, tendinge to ravishment, y'' generall and par- 
ticular magistrates of each towne assemblinge together, 
shall have power, uppon due probation to theire under- 
standinges, either to bind such persons over to theire good 
behaviour, or to bind them to answer to y° next generall 
or particular court of tryalls ; or to inflict some moder- 
ate corporall punishment uppon them as they shall see 
fit. 

But if any such complaint by y® magistrates carefull ex- 
amination shall be found false, it shall be in y"^ power of 
y^ said magistrates to inflict y*" selfe same punishment up- 
pon y*" complainant, which y*" partie falslie accused should 
have suffered. 

1^1!°" 5. Whereas, y' Generall Sargent prayed y*" resolution 
of this court unto this querie, viz. : whether y*" generall 
sargents fees for y^ matter of execution be part of y^ costs 
of y^ Court. 

It is declared by this Court, that y^ Sargents fees uppon 
the matter of execution, are a part of y" costs of y'' court. 

of Factions! 6. Whcrcas, we have been rent and torne with divi- 
sions ; and his Highness hath sent us an expresse com- 
mand under his hande and scale, to provide against intes- 
tine commotions (by which his Highnesse noteth), that 
not only ourselves are dishonored and endangered, but 
alsoe that dishonour and detrement redound to y® Com- 
monwealth of England. 

It is ordered, that if any person or persons be found by 
y° examination and judgment of y'' Generall Court of 
Commissioners to be a ringleader or ringleaders of fac- 



AND PROVIDENCE PLANTATIONS. 



319 



tions, or divisions amongst us, he or they shall be sent 1655. 
over at his, or their owne charges as prisoners, to receive ^-^^v**^ 
his or theire tryall and sentence at y^ pleasure of his 
Highness and y"" Lords of y® Councell. 

7. Whereas, Elizabeth, y*" late wife of Mr. John Cog-Euzabetu 

' . . Coggeshall. 

geshall, by mutuall and voluntarie consent of both parties, 
was absolutly separated from him. And whereas, y^ 
Generall Court of Commissioners y^ last at Providence, 
havinge long and mature knowledge of y*' cause and just 
grounds of their proceedings presented to them, granted to 
Mr. John Coggeshall y^ libertie of contractinge a new 
marriage, x'^nd whereas, y® said^ Elizabeth hath now 
presented her petition to this Court for y" favourable grant 
of y^ same equall libertie ; the Court hath granted her pe- 
tition, and order this grant to be declared to her under y'' 
hand of y® President. 

8. It is ordered, that y^ President shall write to Pli- 
mouth about y'' grasse which Portsmouth has purchased of 
y" Indians uppon y® maine. 

9. Uppon y*" complaint of Mr. John Gould to this committee 

i ^ "^ ^ concernmge 

Court aboute y' Indians deprivall of f Island of y' use of C'^""'^>*=""- 
y^ grasse of Conannicut, this Court orders a committee 
chosen to treate with y*" Narragansett sachems, and to sig- 
nifie to them how that y"" President hath here openlie 
avouched y'' Islands' right as a spetiall witness of y° grant 
of theire dead sachems, which he saieth he hath lately 
avouched to y^ sachems themselves at y'' Narragansetts ; 
and if they suffer us not to enjoy our rights peaceably, 
they shall alsoe, in y*-' name of this colonic peremtorilie 
desire to know of them, whether they are resolved to 
breake with us, that we may prepare ourselves to resist 
them, and to deal with them as enemies, and noe longer 
willinge to be at peace with us. 

10. If any person shall be accused of robbing of any Graves, 
grave ; if y^ Court be satisfied of y'' probation of it, y^ 
partie or parties offendinge, shall be fined or suffer corpo- 



Execution 
prices to be 
appointed ; 



320 RECORDS OF THE COLONY OF RHODE ISLAND, 

1655. rail punishment, or both, as y*" Generall Court of tryalls 
shall judge. 

11. For y*" apprizinge of goodes seized by y" Generall 
lad plnliue Sargeut in y® poynt of execution ; y*" Generall Sargent 

shall warne two men of some convenient knowledge in y*" 
valuation of goods, cattle or chattell, to helpe in y" ap- 
prizement as aforesaide. If any refuse their assistance up- 
pon this warninge, he or they shall pay twentie shillings 
a man, fine ; to be levied by a warrant from y*" magis- 
trate ; and if they assist, they shall be allowed three 
shillings for any present service, that may take up some- 
time to y" value of halfe a day. And, if above a dayes 
time, then three shillings per day ; and this to be allowed 
out of y^ costs of y'' suite. This law to be immediately in 
force to promote present justice. 

The Court adjourned till morninge, sunn an houre 
high ; and he that stays longer shall pay twelve pence. 

June the ^Oth, 1655. 
The Court called. Mr. Williams, Moderator. 

12. Ordered, that there be a sub-committee of six 
men to consider aboute some way of preventinge the sale 
of ammunition to y*" Indians. 

Mr. Olney, Mr. Arnold, Captaine Cranston, Mr. Houl- 
den, Mr. Dyre and John Tripp. 

13. It is ordered, that an accompt shall beglven within 
ten dayes after y'' publication hereof, to y*" head officer of 
everie Towne, shall be given of what powder, lead and shot 
there is in the possession of everie inhabitant of y'' townes 
respectively ; and if y" magistrate shall suspect, either of 
grounds from himselfe, or information from others, that a 
due accompt be not given, he shall empower y*" Constable 
from time to time, to search ; and if any be found not soe 
recorded, it shall be forfeited ; halfe to y® Constable, and 
his aide, and halfe to y' State. And that this order be 
of force till y' next sittinge of y° Court of Commissioners ; 



Account to 
be taken of 
the ammu- 
nition in ye 
Colony. 



AND PROVIDENCE PLANTATIONS. 



321 



at which time a returne shall be made of y^ quantities that 1655. 
are all ready, or which shall be imported in y^ meane ^-^"v-**-/ 
time, and a due account rendered by y^ persons that shall 
have, or have had any of y" goods premised in theire 
hands to y" end that y*" next Generall Court may take 
course for y*' dew provision for y" safetie of y" Colonic in 
that respect. 

14. It is ordered, that in respect to Capt. Morris's capt. Mom? 
case is presented to Plymouth, his bill is referred till the 
answare be returned. 

15. It is ordered, that Mr. William Dyre, and Mr. ^^[^=i^t^'.';p="f 
Nicho: Easton shall bringe in their accompt of y'' State's °*°'"''''- 
part due to his Highness to y^ next court of Commission- 
ers, and that they shall have intelligence of y® time by y*" 
President or Generall Recorder. 

16. It is ordered, that y*" President, Mr. Rosrer Wil- r^cttors to ye 

' -^ ^ n Lord Presi- 

liams, Mr. Wm Baulston, Mr. Benedict Arnold, and Mr. 'i^^'' *« 
Gorton are apoynted to subscribe and forme y" letters to 
y* Lord President and Mr. John Clarke. 

17. It is ordered, that y' Charter shall remaine where it sJ!,^te'^4''or- 
now is ; and y" Councill of State's orders where they nowms'kigh- 
are, and y^ letter from his Highness in the hands of Mr. "'''''' '^ 
Benedict Arnold, of Newport, all Avhich there to be till y*" 
Court take further order. 

18. It is ordered, that in case any man shall strike court""" '" 
another person in y* Court, he shall either be fined 

ten pounds, or be whipt accordinge as y^ court shall see 
meete. 

19. It is ordered, that y" Recorder shall have of each ciarke's fees 
Towne six shillings and eight pence for y" acts of this 
Court, and copies to each Towne. 

FFINIS. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Letter from Mr. Roger Wiliiams, President of Providence 
Plantations, to the General! Court of Magistrates and 
Deputies assembled, at Boston. 

Providence, 15, 9mo. '55 {so called). 
Much honored Sirs, 

It is my humble and earnest petition unto God and 
you, that you may be so pleased to exercise command 
over your own spirits, that you may not mind myself nor 
the English of these parts (unworthy with myself of your 
eye), but only that face of equity (English and Christian) 
which I humbly hope may appear in these representations 
following. 

First, may it please you to remember, that concerning 
the town of Warwick (in this colony), there lies a suit of 
£2000 damages against you before his Highness and the 
Lords of his Councill ; I doubt not, if you so please, but 
that (as Mr. Winslow and myself had well nigh ordered it) 
some gentlemen from yourselves and some from Warwick, 
deputed, may friendly and easily determine that affair be- 
tween you. 

Secondly, the Indians which pretend your name at 
Warwick and Pawtuxet (and yet live as barbarously, if 
not more than any in the country), please you to know 
their insolences upon ourselves and cattle (unto £20 dam- 
ages per annum), are insufferable by English spirits ; and 
please you to give credence, that to all these they pretend 
your name, and afi&rm that they dare not (for offending 
you) agree with us, nor come to rules of righteous neigh- 
borhood, only they know you favor us not and therefore 
send us for redress unto you. 

Thirdly, concerning four English families at Pawtuxet, 
may it please you to remember that two controversies 



AND PROVIDENCE PLANTATIONS. 323 

tliey have long (under your name) maintained with us, 1655. 
to a constant obstructing of all order and authority '-^''''*-^ 
amongst us. 

To our complaint about our lands, they lately have pro- 
fessed a willingness to arbitrate, but to obey his Highness' 
authority in this charter, they say, they dare not for your 
sakes, though they live not by your laws, nor bear your 
common charges, nor ours, but evade both under color of 
your authority. 

Honored Sirs, I cordially profess it before the Most 
High, that I believe it, if not only they but ourselves and 
all the whole country, by joint consent, were subject to 
your government, it might be a rich mercy ; but as 
things yet are, and since it pleased first the Parliament, 
and then the Lord Admiral and Committee for Foreign 
Plantations, and since the Council of State, and lastly the 
Lord Protector and his Council, to continue us as a dis- 
tinct colony, yea, and since it hath pleased yourselves, by 
public letters and references to us from your public courts, 
to own the authority of his Highness amongst us ; be 
pleased to consider how unsuitable it is for yourselves (if 
these families at Pawtuxet plead truth) to be the obstruc- 
tors of all orderly proceedings amongst us ; for I humbly 
appeal to your own wisdom and experience, how unlikely 
it is for a people to be compelled to order and common 
charges, when others in their bosoms, are by such (seem- 
ing) partiality exempted from both. 

And, therefore (lastly), be pleased to know, that there 
are (upon the point) but two families which are so ob- 
structive and destructive to an equal proceeding of civil 
order amongst us ; for one of these four ftimilies, Stephen 
Arnold, desires to be uniform with us ; a second, Zacha- 
rie Rhodes, being in the way of dipping, is (potentially) 
banished by you. Only William Arnold and William 
Carpenter (very for, also, in religion, from you, if you 
knew all), they have some color, yet in a late conference, 



324 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1655. they all plead that all the obstacle is their offending of 
-^"^'''"^ yourselves. 

Fourthly, whereas (I humbly conceive), with the peo- 
ple of this colony your commerce is as great as with any 
in the country, and our dangers (being a frontier people 
to the barbarians) are greater than those of other colonies, 
and the ill consequences to yourselves would be not a few 
nor small, and to the whole land, were we first massacred 
or mastered by them. I pray your equall and favora- 
ble reflection upon that your law, which prohibits us to 
buy of you all means of our necessary defence of our 
lives and families, (yea in this most bloody and massa- 
ing time). 

We are informed that tickets have rarely been denied 
to any English of the country ; yea, the barbarians 
(though notorious in lies) if they profess subjection, 
they are furnished ; only ourselves, by former and later 
denial, seem to be devoted to the Indian shambles and 
massacres. 

The barbarians all the land over, are filled with artillery 
and ammunition from the Dutch, openly and horridly, and 
from all the English over the country (by stealth). I know 
they abound so wonderfully, that their activity and inso- 
lence is grown so high that they daily consult, and hope, 
and threaten to render us slaves, as they long since (and 
now most horribly) have made the Dutch. 

For myself (as through God's goodness), I have refused 
the gain of thousands by such a murderous trade, and 
think no law yet extant, amongst yourselves or us, secure 
enough against such villainy ; so am I loth to see so many 
hundreds (if not some thousands) in this colony, destroyed 
like fools and beasts without resistance. I grieve that so 
much blood should cry against yourselves, yea, and I 
grieve that (at this instant by these ships) this cry and 
the premises should now trouble his Highness and his 
Council. For the seasonable preventing of which, is 



AND PROVIDENCE PLANTATIONS. 621 

this humble address presented to your wisdom, by liim 1656. 
who desires to be ^-*-^.-*l.• 

Your unfeigned and faithful servant, 

ROGER WILLIAMS, 
Of Providence Plantations, President. 
Hon. Sirs, since my letter, it comes into my heart to 
pray your leave to add a w^ord as to myself, viz.: at my 
last return from England I presented your then honored 
Governor, Mr. Bellingham, with an order of the Lords of 
the Council, for my free taking ship or landing at your 
ports, unto which it pleased Mr. Bellingham to send me 
his assent in writing ; I humbly crave the recording of it 
by yourselves, lest forgetfulness hereafter, again put me 
upon such distresses as, God knows, I suffered when I last 
past through your colony to our native country. 



The General Court of Trijalls held at Warwicke if Wtli 
of March, 1655-6. 

The Court called. 

Mr. Roger Williams, President. 

Mr. Thomas Olney, Assistant. 

Mr. John Roome, Assistant. 

Mr. Benedict Arnold, Assistant. 

Mr. Randall IToulden, Assistant. 

Mr. John Greene, Sen'r, \ 

Mr. Ezekiel Holyman, \ Magistrates. 

Mr. John Greene, Jun'r, ) 

William Lytherland, Recorder. 

George Parker, Sargent. 

Capt. John Cranston, Atturney. 



326 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1656. JURIE MEN. 

Mr. John Sauford, 
Joseph Torrey, 
John Greene, 

Mr. John Wickes, Foreman, 
Mr. Henrie Recldarke, 
Samuel AVilbore, Thomas Lay ton, 

Obadiah Hohnes, put out, Richard Townsend. 
James Sweete, for Thomas L. 



Richard Waterman, 
Thomas Harris, 
Tho: Roberts, wanting, 
Mr. William Almie, 
Mr. John Briggs, 



The Court adjourned till next morning. 
The Court for halfe an houre, and then y'' Commission- 
ers to apeere. 



Commissioners 

FOR PROVIDENCE. 

Mr. Roger Williams, 
Mr. Thomas Olney, 
Mr. William Feild, 
Mr. Richard Waterman, 
Thomas Harris, 
Thomas Roberts. 



Called. 

FOR PORTSMOUTH. 

Mr. John Roome, 
Mr. Tho. Layton, 
Mr. William Almie, 
Mr. Samuel Wilbore, 
Mr. John Briggs, 
Mr. John Sanford. 



FOR NEWPORT. 

Mr. Coddington, 
Mr. John Easton, 
Capt. Cranston, 
Obadiah Holmes, 
Joseph Torrey, 
John Greene. 



FOR WARWICK. 

Mr. John Greene, Sen'r, 
Mr. Ezekiell Holyman, 
Mr. Samuel Gorton, 
Mr. John Wickes, 
Mr. John Greene, Jun'r, 
Richard Townsend. 



Mr. Roger Williams, Moderator. 

Wm. Lytherland was chosen Clarke of y" Assemblie of 
Commissioners. 
Place of his Ordered, that Mr. Roger Williams shall keep y'' dupli- 
wder. cate of what his Highness hath sent, and to remaine there 



AND PROVIDENCE PLANTATIONS, 



32: 



together with y° Charter in his hands still to be at y"^ Col- 1656. 
lonies disposall. >>-«»-v-^-/ 

" I William Coddinsfton, doe freely submit to y° au- -^'•. cod- 
thoritio of his Highness in this Colonie as it is now united, en-^'at^c-ment 
and that with all my heart." 

This he publickly professed, in y" Gcnerall Assemblie 
of Commissioners. 

The Court adjourned till y*" Court of Try alls be over. 



P Court of Commissioners sett y^ Vjth March, 1656. 



Mr. Roger Williams Moderator. 



FOR PROVIDENCE. 

Mr. Roger Williams, 
Mr. Richard Waterman, 
Mr. Benedict Arnold, 
Mr. Thomas Olney, 
Mr. Thomas Harris, 
Mr. William Feild. 



FOR NEWPORT. 

Mr. Wm. Coddingtou, 
Rich'd Knight, 
Capt. John Cranston, 
John Greene, 
Mr. John Easton, 
Joseph Torrey, 
Obadiah Holmes, 
W. Lytherland. 



FOR PORTSMOUTH. 

Mr. John Roorne, 
Mr. Thomas Laighton, 
Mr. William Almie, 
Mr. Samuel Wilbore, 
Mr. John Briggs, 
Mr. John Sanford. 



FOR WARWICK. 

Mr. John Greene, Sen'r, 
Mr. Ezekiel Holiman, 
Mr. Samuel Gorton, 
Mr. John Weekes, 
Mr. John Greene, Jun'r, 
Mr. Richard Townsend. 



1. It is ordered, that there shall be one of each 
Towne that shall be a sub-committee in y^ case presented 



Sub- 
committee, 



;28 



RECORDS OF TPIE COLONY OF RHODE ISLAND, 



1656. by Rich: Bulgar, and Capt. Morris. For Providence, 
'-*''^^'""*^ Richard Waterman. Portsmouth, Mr. John Sanford. 
Newport, John Greene. Warwick, Mr. Samuel Gorton, 
Mr. Arnold, Capt. Cranston, Mr. Weekes and Mr. Roome 
are added. Y*" towne charters are also committed to 
them to consider ; and y" bill aboute any bill presented, 
y*" fine thereon. Alsoe aboute traininge. 
Warrant for Capt. Ricliard Mon'is, Rich: KniHit, and Amos Wes- 

Pumham. ■■■ ' O ' 

coate are sent by VN^arrant for Pumham, to require him to 
come before y^ Court. 

The Court adjourned for halfe an houre. 

Againe called. 
Sub- 3. It is ordered, that upon complaints of y'' Towne of 

committee . 

pumham'° Warwlcko of oppressions by y" Indians, it is left to the 
further disquisition of Mr. Roger Williams, Mr. Benedict 
Arnold, Mr. Gorton and Mr. Wickes to treate with Pum- 
ham and his company, and to returne y^ result to y*" next 
Assemblie of Commissioners. 

Mr. Cod- 4. That uppon y" complainte as^ainst Mr. Coddington 

dingtonsit- . . 

ting Com- sitting in Commission. It is ordered, that there shall be 
a letter sent to Mr. John Clarke, in England, manifestinge 
his subjection to y® present union, and y^ ground of what 
under written being considered by a sub-committee. Wee 
having considered and weighed y'' matter presented con- 
cerning Mr. William Coddington, concerninge his present 
actinge as commissioner, and doe conclude that y*" Towne 
of Newport did somewdiat inconsiderately impose that ser- 
vice uppon Mr. Coddington, wherein y® inconveniences to 
him and the Colonic, thereby seeminge to be likely to en- 
sue, were not seriously weighed beforehand. But uppon 
serious debate and cleere reason, we doe think it not of 
soe convenient consequence for Mr. Coddington to act, 
untill some cleere advice from England and thereaboute, 
having refferrence to that passage in y^ Councell of States' 
letter to y*" Colonic concerning y® Dutch designs uppon y^ 
Colonic, which passage did arise from some complaints 



AND PROVIDENCE PLANTATIONS. 329 

from hence against Mr. Coddington in y'' premises, and 1656. 
are, for ought we can understand, still uppon discj^uisition '-*'-^'-*^ 
or dependinge before y^ authoritie of England. But, for- 
asmuch as Mr. Coddington hath, and doth give y*" Colonic 
good encouragement of y^ truth of his good will and de- 
sires for y* publicke good of y^ Colonie, by his owninge 
y" union established betweene y^ Townes and y" present 
way of transactinge y*^ government in y" Colonie, &c. ; 
it is conceived, that for y*" cleeringe of all these grievances 
or matters of complaint premised, and that we may freely 
and clearly be justified in actinge with Mr. Coddington as 
before premised in commission together by y® power of y^ 
Charter and consent of y^ Townes ; that to that end y^ 
Court do draw up a letter to Mr. John Clarke in England 
declaring our good desires and apprehensions conceived 
from Mr. Coddington's demonstrations of good affection to 
y^ government, as alsoe of our owne satisfactions gener- 
ally in y*' Colonie, in y*" matters of complaint premised ; 
and that it would please y® honoured government in Eng- 
land to give something in the way of discharging of those 
matters from before them since that y" evills y' ensued up- 
pon y^ distraction of those troublesome times are removed 
from us, and breaches amongst us are partly composed, 
and in a way of composinge to y*' good and comfort of all 
parts of y*" Colonie, and y*" establishing of peace and love 
among us ; which said letter we believe will be soe ef- 
fectuall as to procure from thence encouragement to y® 
Colonie and Mr. Coddington to act together, and to free 
him from y*" danger of y" penaltie that possibly may seeme 
to impend on y*" former troubles and complaintes. 

Dated at Warwicke, at y*" Generall Assembly, March 
y« 17th, 1655-56. 

Bills Presented. 

s.d. 
Bartholomew Hunt, one bill, engageth y^ 6 8 paide. 
Mr. Coddington, one bill, 6 8 pd. 



330 


RECORDS OF THE COLONY OF RHODE ISLAND, 


1G56. 


Mr. Win. Almie, one bill, G 8 pd. 


--^-v-^ 


Mr. Arnold, one bill, 6 8 pd. 



5. It is ordered, that y" bill presented by Richard 
Harrutt against John Clawson and liis committment till 
he put in sureties for y'' peace, shall be referred to y® next 
Generall Court of Tryalls. 

^"'^- 6. It is voted, that Mr. Coddington is not to have his 

fine aboute y*" records returned. 

Christopher 7. It is ordcrod, that whereas, Christopher Almy 

bought a vessell of Mr. Dyre, which was , and 

hath since had the vessell seized on in y" Massachusetts ; 
as alsoe findinge that y*" saide vessell was noe prize by 
verdict of jurie on Rhode Island. We therefore order, that 
y^ saide Christopher Almie, or his Mher in his behalfe, 
hath authoritie hereby to demand of Mr. Nicho: Easton 
twenty-eight pounds and five shillings of y^ State's part, to 
make part of restitution ; and uppon y^ payment of y" saide 
payment, y"" saide William Almie or his sonn abovesaide, 
givinge a receipt, it shall be a sufficient discharge to y* 
saide Mr. Easton. This being received, Mr. William Al- 
mie doth engage for himselfe and sonne, that they will not 
trouble any in y*" Colonic, that is not any now beinge or 
dwellinge in y^ Colonic. 

Marriage. 8. It Is ordcrod, that marriages shall be published 
either at a Towne meetinge, or on a traininge day, at y^ 
head of y'' Companie, or by a writinge under y*^ Magis- 
trates hands fixed upon some noted place in y" Towne. 

Banes. 9- Itt Is ordcrcd, that in case the Banes of marriage 

be forbidden, the partie cominge before two magistrates, 
shall be examined. If they disallow, they shall refer them 
to the next Generall Court of Tryalls ; and if they allow, 
they may marrie. 

10. Itt is ordered, that no house of entertainment 
shall suffer any person to tipple after nine of y^ clock at 
night, except they can give a satisfactorie reason to y® 
Constable or magistrate ; and y^ ordinarie keeper shall 



Houses of 
Entertain 
inent. 



AND PROVIDENCE PLANTATIONS. 331 

pay five shillings, and y*" partie two shillings and six 1656. 
pence, to be taken by y^ constable forthwith. ^^0^-^^^^ 

Ordered, that y*" constable may have a spetiall commis- 
sion to search any such places, either by himselfe or by a 
magistrate. 

11. Itt is ordered, that y*' State's parte shall remaine state's part, 
still in Mr. Easton's hands, till a letter be sent to England 

to Mr. John Clarke, and an answere given ; yet this en- 
trencheth not uppon y^ cause of Christopher Almy above 
ordered. 

12. Itt is ordered, that in answer to Mr. Arnold his Mr. Arnold's 

-I • . . . accounts, 

bill, that his accompts ^.beinge viewed, and findinge them 
just, he shall have a discharge, and his discharge shall be 
recorded, Mr. Feild, Mr. John Sanford, Joseph Torrey, 
and Mr. Samuel Gorton, are appointed to view y® ac- 
compts ; and in case they cannot compose, they have 
power to write letters to any of y® Colonic, and to present 
it to y® next Court of Commissioners. 

This bill is taken up. 

The Court adjourned for one houre ; and he that 
comes not in that time is to forfeit two shillings to 
y^ Court. 

13. The Court having scanned, he is by cleer evidence 
cleered, and so ordered to be recorded. It was aboute a 
gunn that an Indian brought into y*" Towne of Warwick, 
reported sometimes to be y^ Captain. 

One bill. Captain Morris, six shillings and eight pence. 
Paid. 

Memo. That it is confessed and proved, that Bartholo- 
mew Hunt had two hundred weight of powder, and all or' 
the greatest part not given accompt of; also, seven pis- 
tolls, inlaide, which an Indian saide he bought at New- 
port. Joseph Torrey saieth he know of such at Newport, 
viz., as he heard. 

14. Itt is ordered, that y' Towne of Newport shall Barth. Hum 
pay for Bartholomew Hunts powder and lead, that was 
taken from him. 

22 



Bartholo- 
mew Sunt. 



Sonnea 
when of age 



332 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. Secondly. That whereas it hath been of old that Bar- 

"-'•^^^"^' tholomew Hunt was recorded a perjured person; and 
yett after [being] cleered by verdict, as is now proved, he 
is hereby order accorded to be free. 

Gunnes. Whcrcas, it is complained that there are gunnes in y* 

Indians hands like unto those Mr. Coddington brought 
over ; it is desired that he may give an accompt of y"" dis- 
posall of his. 

15. Itt is ordered, that no sonnes that are under y® 
tuition of their parents, shall claime absolute freedome un- 
till y^ age of twenty-one years. 

Servants. IQ^ Jtt is ordcrcd, that those, that are servants pren- 
tices, and although they come not to y® age of twenty-one 
years when they come out of theire times, they shall be 
disposed of by their parents, guardians, or towne councell 
till y*" age of twenty-one years. 

17. Itt is ordered, those that tolerate or countenance 
sonnes or servants in licentious courses at unseasonable 
times or places, those parents or master, shall forfeit £5. 

Servants. 18. Itt is Ordered, that such as shall retaine any 
Sonne or servant in any licivious course, unseasonable 
time or place after morninge, shall forfeit five pounds. 

19. Itt is ordered, that in case any young man though 
above twenty-one years of age, or any sonno sooner sett 
free by his father, if he shall live alone or gather more to 
be with him ; if they shall live disorderly, it shall be in 
the power of y® towne councell to schatter them, and if 
they remove not, they shall forfeit five pounds. 

Transac- 20. Whercas, there were certaine transactions which 

tionaofCod- . \ 

dington. Yfere done in y° time of Mr. Coddington his government, 
and stood in our booke of record, which might seem pre- 
juditiall to himselfe or others. It being much considered 
in y*" case, this Court not thinkinge it fitt to meddle with 
it, ordered, that it should be cut out of our booke, which 
was [done], and then delivered to Mr. Coddington. Mr. 
Coddington in Court acknowledgeth that he hath noe in- 
tent to prosecute Capt. Morris professing he hath nothing 
against him. 



AND PROVIDENCE PLANTATIONS. 333 

21. Itt is ordered, that, Whereas, there are divers 1656. 
presentments standing uppon a booke of records (belong- ^-^-v-^-' 
ing to y® Island), against Mr. Coddington. These pre- ^'^.^^n^'jo "e 
sentments shall not be, any of them prosecuted, except by 

order from his Highness y'' Lord Protector. 

22. Itt is ordered, that. Whereas, there are divers sundry pre- 

sentments. 

presentments standing uppon a booke of records (belong- 
ing to y" Island), against John Richmond, Sen'r, John 
Smith, George Blisse, Ilenrie Hobson, Henry Timberlake, 
and Bartholomew Hunt, all of Newport. These present- 
ments shall not be, any of them, prosecuted, except by 
expresse order from his Highness y" Lord Protector. 

23. It is ordered, that noe law or order apoynted and notTo'ife ''^ 
ordayned by y*" generall and publicke authoritie of this ed.*'^^''"*'*' 
Colonic, shall be any v/ayes obstructed or neglected under 
pretence of any authoritie of any of y® towne charters ; 

but that y*' generall authoritie shall have it done and 
placed according to law in all the wayes. 

24. It is ordered, that if any magistrate on y'' Bench f^gt^'P'"- 
dissent from y'' rest of y° magistrates in any cause, or any 
Commissioner shall dissent from y® rest of y® Commission- 
ers in y*" Generall Assemblie ; then any such dissenting 
magistrate or commissioner may enter his protest, payinge 
eighteen pence to y'' Recorder for entering it. 

25. Itt is ordered, that forasmuch as it appears to be Mjjg|s^t.;ates 
offensive for a magistrate to rise off y" bench when a cause ^"^3 "* 
comes to be pleaded, for that thereby he prejudgeth y® 

case, and forestalls y' mindes of some more or less of y^ 
number in y*" jurie, and thereby doth hazard y*" best and 
most just cause, &c. 

Be it therefore enacted, and by this present Court it is^ench. 
ordered, that if any magistrate shall from henceforth, in 
any of our Courts, uppon y^ proposinge and pleadinge a 
cause there before them, rise off y^ Bench without leave 
of y^ Court, he shall be liable to pay five pounds, in case 
the cause dependinge be layde a hundred pounds or un- 
der ; and in case it be laide above a hundred pounds, then 



334 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1656. 



Repeale. 



Incestious 
Marriages. 



Supiua, 



Penaltie of 
false charge. 



to pay a tenn pounde fine ; and those fines to be taken 
'by a distringas from y*" Generall Recorder, to be delivered 
into y*" Treasurie to which it belongs. 

26. It is ordered, that that law made May 22d, 1655, 
at Providence, concerninge y" felonious takinge away of 
other men's goods, that they may compose it, is repealed. 

The Court adjourned till morning, sunne halfe an hour 
high ; and if thirteen meete they shall act, and y*" rest 
fined one shilling per man. 

27. Itt is ordered, that all those fines that are com- 
mitted aboute y*" Generall Courts, as of juriemen, &c., 
shall all returne and belong to y*" Generall Treasurie. 

28. It is ordered, that incestious marriages be null, 
and y^ parties ofifendinge suffer y*" punishment of adul- 
terie ; and that y"" prohibitions of incestious marriages ex- 
tend to y*" degrees prohibited by y° lawes of England, 
untill the Colonie further order. 

29. It is ordered, that he that is employed by a 
supina shall be payed by those that occasioneth it, from 
y® time of his settinge forth untill he returne home ; pro- 
vided he take y° first opportunity ; and y" charge of wit- 
nesses suppeened for his Highness and y'' Colonies service 
shall be borne by y'' delinquent. 

Richard Knight, one bill, six shillings and eight 
pence. 

Referred to y° next Court. 

The bill for y* Towne of Warwick against Richard 
Knight, is referred to y" next Generall Court. 

A sub-committee added, Mr. Arnold, Joseph Torrey, 
Mr. Weekes, and Mr. Roome. 

30. It is ordered, that, whereas by law it is concluded 
that those that execute justice shall be paid by those that 
occasion theire services. Wee order for explanation, that 
in case any presentments be by y® Grand Jurors, and up- 
pon traverse not found guiltie, that y^ Colonie beare y^ 
charge. It is also ordered, that in case any man bee 
falsely charged with crime, though in y" States behalfe, 



'Ordinaries. 



AND PROVIDENCE PLANTATIONS. 335 

by a particular person, that it shall be counted slander, 1656. 
and soe actionable. ^---'-v--*-' 

Mr. Porter is freed from personal trayninge, only he is 
to pay sixteen shillings a yeare. 

31. Considering that y^ prisons and cages are not done^"'""'- 
as they have been ordered, we do therefore by y® authori- 

tie of this Court enact, that they shall be compleately 
finished by y^ 20th of September next, uppon y® paine of 
tenn pounds fine on each towne therein defective. But 
as for y^ way and progresse for y*" takeing and levyinge 
y*" fines, as alsoe for y*' constituting a prison, it is refferred 
to y'^ agitation and resolution of y'' Generall Court of 
Commissioners to be holden at Portsmouth in May 
next. 

32. Considering y*" grievances presented by divers of 
the ordinarie keepers concerninge theire losse and dam- 
age by beinge bound to sell liquor at four shillings per 
quart, which damage doth arise from persons unlicensed 
there, severall retailinge of liquors, &c., by which y^ ordi- 
narie keeper is hindered both in buying and selling that 
commoditie. 

Be it therefore enacted, that y^ ordinarie keepers estab- 
lished by y^ Generall Court in each Towne, shall, by vir- 
tue of this order, have toleration to sell as they can afford 
it, till y*" Generall Court of Commissioners, holden in May 
next at Portsmouth ; at which Court, further order shall 
be taken to prevent theire discouragements ; forasmuch, 
as it is already conceived how it may be affected, but y^ 
Court cannot now put it in compleate forme by reason of 
y^ [shortness] of time, any former law notwithstandinge. 

It is ordered, that y^ Clarke shall have ten shillings out 
of y'' Generall [Treasurie] for his wTitinge at this Court, 
and eight shillings per towne for each coppie. 

FFINIS. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



rjie Court of Election holden at Portsmouth, May 20th, 
1656. 

Mr. Roger Williams, chosen Moderator. 

Mr. Roger Williams chosen President, Mr. Easton, 
next. 

Mr. Thomas Olney, Assistant, Mr. William Feild, 
Mr. Fenner, next. 

Mr. William Baulston, Assistant, Mr. Roome, next. 

Mr. John Coggeshall, Assistant, Mr. Arnold, next. 

Mr. Randall Iloulden, Assistant, Mr. Weeks, next. 

Mr. Sanford, Generall Recorder, Joseph Torrey next. 

George Parker, Gen'l Sargent, Richard Knight, next. 

Mr. John Easton, General Attorney, Capt. Cranston, 
next. 

Mr. John Sanford, Treasurer, Mr. Burden, next. 

Mr. Richard Bulgar, General Solicitor, Wm. Woodall, 
next. 

The Recorder ingadged. 

Mr. Roger Williams chosen President, and ingadged. 

Mr. Thomas Olney, Assistant for Providence, In- 
gadged. 

The Generall Atturney, Mr. John Easton, Ingadged. 

George Parker, Generall Sargent, Ingaged. 

Mr. William Baulston, Generall Assistant, Ingaged. 

Mr. John Weekes, General Assistant for Warwick, 
Ingaged. 

Mr. Richard Bulgar, General Solicitor, Ingaged. 

Mr. John Coggeshall, General Assistant, Ingaged. 

Obadiah Holmes, Thomas Dungine, and Phillip Taber, 
received freemen. 



AND PROVIDENCE PLANTATIONS. 




Court of Commissioners held at Portsmouth ^ this 21st of 
May, 1656. 



COMmSSIONERS FPvOM 
PROVIDENCE. 

Mr. Roger Williams, 
Mr. Thomas Olney, 
Mr. William Feild, 
Mr. Harris, 
Mr. Waterman, 
Mr. Roberts. 



FOR PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Roome, 
Mr. Richard Burdin, 
Mr. Phillip Sherman, 
Mr. William Woodall, 
John Sanford. 



COMMSSIONERS FOR NEWPORT. 

Mr. Will: Haviland, 
Mr. Obadia: Holmes, 
Mr. John Easton, 
Mr. Joseph Torrey, 
Mr. Peter Easton, 
Mr. Robert GrifFm. 



FOR WARWICK. 

Mr. Samuel Gorton, 
Mr. Randall Holden, 
^Ir. John Weekes, 
Mr. John Greene, Sen'r, 
Mr. Walter Todd, 
Mr. Bend: Arnold. 



Mr. Roger Williams is chosen Moderator. 

John Sanford, Clarke. 

The Court adjourned till morninge. 

May the 22d. 

The Court called. 

Yoated, that the petition of Mr. William Brenton 
against Mr. William Coddington for being about to 
ship severall horses of the said Brenton's, shall first be 
agitated. 

It is ordered, upon a petition exhibited to the Court by 
Mr. William Brenton, Merchant, of Boston, touchinge 
some horses which Mr. William Coddington is reported to 



338 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. be transportinge to Barbadoes, and Mr. William Brenton, 
'^^^^'"'^ Merchant, of Boston, challengetli and layetb claim vnto 
wm^BreT '^^ vnjustly obtalncd from him. This Court after full de- 
coddSon.' hate and mature consideration, ordereth, that a speciall 
"writt of attachment issue from this Court, to make staye 
of said horses upon the Island, untill a due tryall of such a 
challenge shall be had, according to the law and orders es- 
tablished amongst us ; provided, Mr. Brenton or his as- 
signes putt in securitie to make good all damages Avhich 
may befall to Mr. Coddington by this attachment in case 
Mr. Brenton make not good his challenge. 
An attachment granted. 
Mr.Bauiston Mcmo. Mr. William Baulston and WilHam Dyre doe 

and Mr. 

Dyre's Bond, ingagde ourselvcs in a thousand pounds sterling, that Mr. 
William Brenton shall doe and performe the law in all 
poynts, as concerninge attachment granted forth against 
certaine horses shiptt or to be shiptt by Mr. Coddington, 
for the Barbadoes ; which horse or horses, one or more, is 
laide claime unto by Mr. Brenton or his assignees. 

Transporta- It is ordcrod, that in consideration of many losses sus- 

tion of cat- •' » 

**"• tained in the transportation of cattle or any goods, or chat- 

tels from this Island and other places within this Colonic ; 
this Court doe therefoi-e declare, that if any person shall 
attempt to transport or drive any cattell of ^Yhat kind 
soever from any place within this CoUony, which any 
partie shall lay claim to ; the said partie soe claiminge 
such cattell, &c., shall have an attachment from the Gen- 
erall Recorder, or any Magistrate, or Towne Clarke, to 
stop saide cattell, &c.; the partie claiminge, putting in 
sufficient securitie to make good all damages that shall 
arise in case he prove not his charge. 

It is further ordered, that he that shall continue and re- 
sist such attachment is hereby declared guiltie of Felony. 
Selling It is ordered, that that part, or clause of the law for 

letaue, re- sclUnge a quartcr of a pint of Liquor in a daye to an In- 
Indian, made at Providence, May the 22d, 1655, is 
repealed. 



AND PROVIDENCE PLANTATIONS. 339 

Upon a petition of William Lytherlancl for money due 1656. 
to him from the Colonie, Mr. Benedict Arnold, Mr. John '-*^-^"*^ 

' , Lyther- 

Easton, and Mr. Joseph Torrey are chosen and appointed |.;'^ip*^^'^<=- 
to audit his accompts. 

Upon a petition of Richard Kni^dit for monies due him Richard 

•■- i '- Knight's ac- 

from the Generall [Court], Mr. John Easton and Mr. Jo-'^^'^p'^- 
seph Torrey are chosen a committee to auditt his ac- 
compts. 

It is ordered, that five pounds starling due from Mr. ^l^^^^l^ 
Randall Holden for not executing office accordinge to^"'^^''"^' 
choyce, is outsett for his former service in publique em- 
ployment. 

Maij the 2M. 
The Court called. 
It is ordered, that whereas, there hath been differences^-^"™." . 

' ' men's busi- 

betwixt certaine of our countrymen of Patuxett and others "''""• 
of this Collony. And now understandinge by our Presi- 
dent, Mr. Roger Williams, that the Honored gentlemen of 
the Massachusetts hath pleased to desire, that for the end- 
inge of all such controversies amongst us, it may be 
granted, that whatever matter, cause, or thing formerlie 
grown (and now in being), being an obstruction of our 
unity and peaceable concurrence, may be putt to arbitra- 
tion of some indifferent and judicious men, mutually 
chosen ; and that for times to come, the said inhabitants 
of Pawtuxett may enjoy the benefits and priviledges of 
this jurisdiction. 

This Generall Assembly having taken the matter into 
serious consideration and debate ; and being very ready 
and willinge to gratifye the desire of that Honoured gov- 
ernment ; wee doe faithfully promise to our foresaid 
neighbours the inhabitants of Patuxett, that all former 
differences amongst us, shall be issued by arbitration as 
aforesaid : Provided, that they shall be brought in in a 
month's time, and brought to an issue within the compass 



340 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. of three months after they he declared, for the effectinge 
'-"^^'"^^ whereof, there shall be noe lett nor neglect on our be- 
halfe ; and that for the time to come, the said inhabitants 
shall enjoy the benefitt of all equal and impartiall justice, 
together with ourselves ; as alsoe, they shall be lovingly 
entertained as freemen of this Collony, to have theire free 
voates in makinge of lawes, choosinge of officers in Towne 
and Collony, with the enjoyment of all priviledges be- 
longinge to freemen of this jurisdiction accordinge to or- 
ders established amongst us. 
Henry Bull's Ordered, that upon the petition of Mr. Hen: Bull, his 

fine of tenn pounds is remitted, 
capt. Hoi- Ordered, that Mr. Thomas Olney, Mr. Samuell Gorton, 

den'3 ac- "^ ' 

compts. and Mr. William Field, are chosen to audit Capt. IIol- 
den's accompts for the Collony. 
Ai- Ordered, that Mr. Ben: Arnold is discharged of an ac- 



Mr. Ben. 
nold's ac- 



compts. compt of twentie-three pounds, which was the State's part 
formerly audited by a sub-committee of the Generall 
Court ; and upon this discharge hath payd a debt of six 
pounds due from the Collony to Robert Griffin, besides all 
other accompts due to himselfe att this time from the 
collony are outsett. 

Touching the debolishinge, defacing or spoylinge of the 
Collonies instruments apoynted for the punishment of 
offenders. 

Defacing of It Is ordcrcd, that all such as oifende therein, shall sitt 

Instruments 

of Justice, six howres by estimation, in the stockes, and make repar- 
ation of that which is spoyled ; and if the parties soe of- 
fendinge cannot at present be fownd, the punishment shall 
be performed when they are found. And if they who com- 
mit such a fault be not able to make reparation, that then 
they shall be in servitude untill the punishment be fully 
complished ; and if there be any found accessary, by 
councellinge, abettinge, or concealinge, they shall suffer 
the like punishment. 

Summons of It is ordcrcd, that the President or any Generall Assist- 



AND PROVIDENCE PLANTATIONS. 



141 



ant, shall give summons to any Generall officer to apeare 1656. 
before the next Generall Court of Commissioners to an-'-^^'^T^ 

' General 

swer to any charges against him. omcerB 

Ordered, that Mr. William Blaxton shall have libertie ^^^']^i^am 
to record the right of his land in the records of oure 
Collony. 

Ordered, that if it can be proved that any man hath bel?t,"feiony 
kept in his custodie, to his knowledge, anie strange'beast, 
the space of thirtie dayes without givinge notice to a pub- 
lique officer, he shall be taken as guiltie of Felony. 

Ordered, that the Recorder shall have tenn shillings out 
of the General Treasurie for his writinge at this Court ; 
and to have six shillings, and eight pence from each 
towne for each coppie. 

Ordered, that the Generall Sargent shall have tenn 
shillings for his attendance at this Court. 

FFINIS. 



Letter from Providence Plantations to the General Court 
of the Massachusetts. 

Providence, 12, 3, '56 {so called). 

May it please this much honored Assembly to remem- 
ber, that, as an officer, and in the name of Providence 
colony, I presented you with our humble requests before 
winter, unto which not receiving answer, I addressed 
myself this spring, to your much honored Governor, who 
was pleased to advise our sending of some of Providence 
to your Assembly. 

Honored Sirs, our first request (in short) was and is, 
for your favorable considei*ation of the long and lamenta- 
ble condition of the town of Warwick, which hath been 



342 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. thus : tliey are so dangerously and so ve^atiously inter- 
''^^'^'*^ mingled with the barbarians, that I have long admired 
the wonderful power of God in restraining and preventing 
very great fires of mutual slaughters, breaking forth be- 
tween them. 

Your wisdoms know the inhuman insultations of these 
wild creatures, and you may be pleased, also, to imagine, 
that they have not been sparing of your name as the pa- 
tron of all their wickedness against our English men, wo- 
men, and children, and cattle to the yearly damage of 60, 
80 and 100 pounds. 

The remedy is (under God) only your pleasure, that 
Pumham shall come to an agreement with the town or 
colony, and that some convenient way and time be set for 
their removal. 

And that your wisdom may see just grounds for such 
your willingness, be pleased to be informed of a reality of 
a solemn covenant between this town of Warwick and 
Pumham, unto which, notwithstanding that he pleads his 
being drawn to it by the awe of his superior sachems, yet 
I humbly offer that what w\as done, was according to the 
law and tenor of the natives (I take it), in all New Eng- 
land and America, viz.: that the inferior sachems and sub- 
jects shall plant and remove at the pleasure of the highest 
and supreme sachems, and I humbly conceive that it 
pleaseth the Most High and Only Wise to make use of 
such a bond of authority over them, without which, they 
could not long subsist in human society, in this wild con- 
dition wherein they are. 

2. Please you not to be insensible of the slippery and 
dangerous condition of this their intermingled cohabita- 
tion. I am humbly confident, that all the English towns 
and plantations in all New England, put together, suffer 
not such molestation from the natives, as this one town 
and people. It is so great and so oppressive, that I have 
daily feared the tidings of some public fire and mischief. 



AND PROVIDENCE PLANTATIONS. 343 

3. Be pleased to review this copy from the Lord Ad- 1656. 
miral, and that this English town of Warwick should pro- ^--^v^*- 
ceed, also that if any of yours were there planted, they 
should, by your authority, be removed. And we humbly 
conceive, that if the English (whose removes are difficult 

and chargeable), how much more these wild ones, \vho re- 
move with little more trouble and damage than the wild 
beasts of the wilderness. 

4. Please you to be informed, that this small neck 
(wherein they keep and mingle fields with the English) is 
a very den of wickedness, where they not only practise 
the horrid barbarisms of all kind of whoredoms, idolatries, 
conjurations, but living without all exercise of actual 
authority, and getting store of lifjuors (to our grief) 
there is a confluence and rendezvouz of all the wildest 
and most licentious natives and practices of the whole 
country. 

5. Besides satisfaction to Pumham and the former in- 
habitants of this neck, there is a competitor who must 
also be satisfied ; another sachem, one Nawwushawsuch, 
who (living with Ousamaqun) lays claim to this place, 
and are at daily feud with Pumham (to my knowledge) 
about the title and lordship of it. Hostility is daily 
threatened. 

Our second request concerns two or three English fami- 
lies at Pawtuxet, who, before our charter, subjected them- 
selves unto your jurisdiction. It is true, there are many 
grievances between many of the town of Providence and 
them, and these, I humbly conceive, may best be order- 
ed to be composed by reference. 

2. But we have formerly made our addresses, and 
now do, for your prudent removal of this great and long 
obstruction to all due order and regular proceedings 
among us, viz.: the refusal of these families (pretending 
your name) to conform with us unto his Highness' au- 
thority amongst us. 

3. Your wisdom experimentally knows how apt 



B44 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. men are to stumble at such an exemption from all duties 
-^^-^^^^ and services, from all rates and charges, either with your- 
selves or us. 

4. This obstruction is so great and constant, that 
(without your prudent removal of it) that it is impos- 
sible that either his Highness or yourselves can expect 
such satisfaction and observance from us as we desire 
to render. 

Lastly, as before, we promised satisfaction to the 
natives at Warwick (and shall all possible ways endeavor 
their content), so we humbly offer, as to these our coun- 
trymen. First, as to grievances depending, that refer- 
ences may settle them. Secondly, for the future, the 
way will be open for their enjoyment of votes and 
privileges of choosing or being chosen, to any office in 
town or colony. 

Our third request is, for your favorable leave to us to 
buy of your merchants, four or more barrels of powder 
yearly, with some convenient proportion of artillery, 
considering our hazardous frontier situation to these bar- 
barians, who, from their abundant supply of arms from 
the Dutch (and perfidious English, all the land over), are 
full of our artillery, which hath rendered them exceeding- 
ly insolent, provoking and threatening, especially the in- 
landers, which have their supply from the fort of Aurania. 
We have been esteemed by some of you, as your thorny 
hedge on this side of you ; if so, yet a hedge to be main- 
tained ; if, as out-sentinels, yet not to be discouraged. 
And if there be a jealousy of the ill use of such a favor, 
please you to be assured that a credible person in each 
town shall have the disposal and managing of such sup- 
plies, according to the true intent and purpose. 

For the obtaining of these, our just and necessary peti- 
tions, we have no inducement or hope from ourselves, 
only we pray you to remember, that the matters prayed, 
are no way dishonorable to yourselves, and we humbly 
conceive, do greatly promote the honor and pleasure of 



AND PROVIDENCE PLANTATIONS. 



345 



his Highness, yea, of the Most High, also ; and lastly, 
such kindnesses will be obligations on us to study to de- 
clare ourselves, upon all occasions,* 

Your most humble and faithful servants, 

KOGER WILLIAMS, 

President. 



1656. 



The Court of Commissioners held at Portsmouth, the 10th 
day of October, 1656. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. Roger Williams, 
Mr. Thomas Olney, 
Mr. Richard Waterman, 
Mr. Thomas Harris, 
Mr. Hugh Benett, 
Mr. John Tripp. 



FOR PORTSMOUTH. 

Mr. V7illiam Baulston, 
Mr. Richard Burden, 
Mr. John Briggs, 
Mr. Will: Hall, 
Mr. Will: Woodell, 
Mr. James Badcocke. 



FOR NEWPORT. 

Mr. Benedict Arnold, 
Mr. Richard Tew, 
Mr. John Easton, 
Mr. John Richmond, 
Mr. Daniel Gould, 
Mr. Robert Griffin. 



FOR WARWICK. 

Mr. Ezekiell Holyman, 
Mr. John Greene, Sen'r, 
Mr. Richard Bulgar, 
Mr. John Sanford. 



Mr. Benedict Arnold chosen Moderator of the Assem- 
bly for this day. 

John Sanford chosen Clarke of this Assembly. 



* Kuowles' Life of Eoger Williams. 




John CaiUe 
sends am- 
munition. 



Conce 
the po 



RECORDS OF THE COLONY OF RHODE ISLAND, 



October the llth. 

The Court called. 

Mr. Benedict Arnold chosen Moderator for this daj^o. 

1. Whereas, oure worthy friend, iNIr. John Clarke in 
London, hath procured and sent fewer barrels of powder 
and eight barrels of shott and bullets for the use of this 
Collony, and hath consigned it to our honoured President, 
]\lr. Roger Williams, to dispose thereof to the intent pre- 
mised. 

This Assembly have ordered, and do order, that the 



and had Said powdcr and bullets shall remaine in oure said Presi- 

sent by Mr. ^ 

John Clarke ^]ents custody, whereby he may be enabled to make returne 
for the same to England in time convenient ; and to that 
end, it is ordered, that each towne in this Collony shall, be- 
tweene this and the eleventh of December next, have pow- 
der, by an order from the Towne, under the Clarke's hand 
of each Towne, to make demand of, and receive each Towne, 
one barrell of the said powder, and two barrells of the shott : 
Provided, that they doe upon the receipt thereof send in 
and deliver to the President, tenn pound in good and well 
sorted strunge peage, after the rate of eight white per 
pennie, and fowre black per pennie, from each Towne. 
And if any Towne faile in the performance hereof, before 
the day afore prescribed, then it shall remaine in the 
Presidents power to dispose of the said powder that is soe 
neglected, as in his wisdom he shall see best for the pro- 
curinge returns to send to ]Mr. Clarke in England for it. 

Letters to 2. It Is ordcrcd, that the President, Mr. Roo-er Wil- 

Mr. Easton. , *- 

liams, is desired to draw up a letter to Mr. Nicholas Eas- 
ton, containing the heads of Captaine Campa Subados 
petition, and the letter sent from his Highness' Commis- 
sioners of Jamaica, concerninge Captain Subado de- 
siringe his presence or his answer upon the thirteenth 
daie in this present month. Alsoe to give an answer of 
his not delivering the £28. 5s. to Christopher Almy, ac- 



AND PROVIDENCE PLANTATIONS. 347 

cordinge to the order of the Commission Court, held at 1656. 
Warwicke, in March, 1655-6. ^*-v-*^ 

3. Ordered, that in consideration of the want of a tJ'c supply 

' 01 a ixsner- 

Generall Sarjant in the Collony by reason of the decease *"^^'^'®"*- 
of the late Sarjant, George Parker ; and findinge Richard 
Knight, of Newport, on record, is next in choyce at the 
election in May last, at Portsmouth, the Court doe there- 
fore apoynt the said Richard Knight to execute the said 
office of Generall Sarjant of this Collony, as successor unto 
the deceased Sarjent as aforesaid ; and upon his engage- 
ment given before the Generall Recorder, he is to serve 
in that office untill the election in May next. 

Butt it is provided, that if any defects apeare in any fjf/f ^^>g° ^^ 
bonds already and formerly taken by the Sarjant, deceas- ^'''^^'" 
ed, that may come into the said Richard Knight's hands ; 
or if any neglects or defects of the deceased Sarjant apeare 
in any case dependinge, those defects shall not be imputed 
to the said Richard Knight, nor shall he be responsible for 
those fore-intended deffects. 

5. And farther, the foresayd Richard Knight is here- 
by authorized to call for, and take into his hands as Gen- 
erall Sarjant, all such papers and wrightings as were in 
the possesion of the deceased Sarjant concerninge his of- 
fice for this present yeare, and he to give a receipt for the 
said papers upon the receipt of them. 

Richard Knight, Generall Sarjant, engaged. 

6. It is further ordered, by the authority of this pres- p^^^J^^^^"^*'^ 
ent Assembly, that from henceforth in case of the death Geni'raf * 
and decease, or removall of any Generall officer, either 
President, Assistant, Recorder, Sarjant, &c., he who was 

next in choyce, nominated and recorded at the election of 
the sayd officers, shall serve for the remainder of that 
yeare, untill the Court of Election, as successor unto the 
officers deceased ; and it shall be in the power of the 
President, or any Assistant, or Generall Recorder to give 
him a commission to the performance of that office that he 
23 



348 EECORDS OF THE COLONY OF RHODE ISLAND, 

1656. is soe designed unto, any law to the contrarie formerly. 
'»-^"*^'*-^ made notwithstandinge. 

But in case that at the election of the Generall officers, 
there be noe second nominated and recorded ; then it is 
ordered, that the towne where the foresaide defect of a 
Generall officer shall happen to fall, shall themselves 
choose a new in his stead, who shall be engaged by a 
Generall officer to serve as aforesaide ; and in case either 
he that is successor, by being a second in nomination at 
the General election, or by choyce of the Towne, doe re- 
fuse to engage, he shall pay the same damage as he that 
refuseth at the Generall election, and the towne shall 
choose againe untill they have caused one to take his en- 
gagement, and fine such as refuse, and the fines to goe to 
the General Treasurie. 

The Court adjourned till second daye, in the morninge, 
at eight o'clock. 

October the 12th. 
The Court called. 

Mr. Roger Williams chosen moderator for this daye. 
7. Ordered, that the three bills presented by Mr. 
Coddington, Richard Knight, and Mr. Dyre, shall be first 
debated. 
Rehearing 8. It is dcclarcd by this Assembly, that the rehear- 
dington's JQge grauuted by Mr. John Coggeshall, General Assistant, 
aroTed. ^^ -^j^.^ William Coddington, in a case dependinge betwixt 
Mr. WiUiam Brenton and the said Mr. Coddington, was a 
legall actt. 

9. It is declared, that the petition presented by Mr. 

William Baulston and Mr. WUliam Dyre, is answered in 

the approving of Mr. Coddington's rehearinge graunted by 

Mr. John Coggeshall. 

Edward 10. Upon a petition presented by Edward Richmond. 

Richmond's ir *■ ^ " 

petition. rpjjg Court ordereth, that the business shall be suspend- 
ed till it be heard in the Court of tryalls. 



AND PROVIDENCE PLANTATIONS. 349 

11. Upon a petition presented by Eliz: Stevens, the 1656. 
Court remiteth her payinge six shillings and eight ^-^"^'"^■' 
pence, liol^^^'' 

Ordered, that a summons be sent to Henry Stevens, of steTens 
Newport, to make his apearance before the Court of 
Commissioners upon Fryday next, at 10 o'clock in y^ 
morninge. 

October the 11th. 
The Court called. 
Mr. Roger Williams chosen Moderator for this day. 

12. Upon a petition presented by Mr. Will. Codding- ^f^Pg'^^"';"^ 
ton, concerninge an execution outt against him by Capt. pended^' 
Richard Morris, 

This Court ordereth, that the execution shall be 
suspended till the Court of Commissioners [meet] in May 
next. 

October the ISth. 
The Court called. 

13. Mr. Roger Williams chosen Moderator for thisgi^tard 
day. 

Ordered, that the business concerninge Richard Ussell 
and Abigail, daughter-in-law of Mr. John Cowdall, and 
Edward Richmond, is refferred to the Court of Commis- 
sioners in May next. 

14. It is ordered by this Court, that Mr. Ralph Ralph 

•' ' -"^ Earle, Sen'r 

Earle, Sen'r, is refferred to the next Generall Court of 
tryalls held at Newport in March next, to have there his 
tryall in law against Mr. William Field in the action that 
he commenced against the said Field in June last, at 
Providence, which was not then issued, and the same pro- 
gress which he hath already taken shall serve to bringe 
the case to tryall ; and Mr. Field shall have summons 
from the Generall Recorder to answer the case at the 
Court above premised. 



350 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. 15. Wee determine on an addition to the former 
law of Larceny. That for petty larceny it shall be in the 
liberty of the delinquent, either to be whipt, or pay 
twentie shillings to the State. 

hTrceny. Also, for grand larceny, it shall be at the liberty of the 
delinquent, either to be whipt, or pay forty shillings to 
the State. 

Kn*ight^s 16. A petition presented by Richard Knight for mon- 

petition. .^^ ^^^^ ^^ j^.^ ^^^^ ^e Collouy. 

Ordered, that Mr. Benedict Arnold, Captain Cranston, 
Mr. Phillip Shearman, and John Sanford shall audit Rich- 
ard Knight's accompts. 
TM'a 17. A petition presented by the widdow Parker, 
for two pounds, fifteen shillings, due to her husband, 
deceased. 

The Court ordereth, that the* said widdow shall be paid 
out of the Generall Treasurie, from the first monies that 
shall come into the Treasurie. 
JImyand 18. Ordered, that in the latter clause in the order 
made at Warwicke, in March, 1655, viz.: that William 
Almy doth engage for himselfe and sonn, that they will 
not trouble any in the Collony ; that is, not any now be- 
inge or dwellinge in the Collony, is null. 

Ordered, that the Clarke shall have six shillings and 
eight pence from each Towne for coppies of this Court's 
acts. 



iixa Bonn. 



[On the return of Roger "Williams from England, in 1654, with the letter 
of Sir Henry Yane to Providence Colony, which letter appears in its proper 
place (page 285, of these records), he found matters in a very deranged state 
in the colony. lu consequence thereof, he wrote the following letter to the 
town of Providence, in which he alludes in affecting terms to the toils and sac- 
rifices he had made in the behalf of the colonists, who he thought had not ap- 
preciated his efforts. This letter is not among the colony records ; yet, as it is 
connected with the period when it was written, as well as with the papers which 
jprecede and follow it, it is inserted here. It should have been placed at p. 237, 



AND PROVIDENCE PLANTATIONS. 351 

but was not discovered at the time that portion was printed. The document is 1656. 
found in Knowles's Life of Roger Williams, p. 2G6, and among the collections s,,^,.^,.^^ 
of Mr. Bull, published in the Newport Mercury.] 

Letter from Roger Williams to the town of Providence. 

Well beloved friends and neighbors, 

I am like a man in a great fog. I know not well how to steer. I 
fear to run upon the rocks at home, bavinge had trialls abroad. I fear to 
run quite backward, as men in a mist doe, and undoe all that I have been a 
long time undoeing myselfe to doe, viz.: to keepe up the name of a people, a free 
people, not enslaved to the bondages and iron yokes of the great (both soul 
and bodie) oppressions of the English and barbarians about us, nor to the di- 
visions and disorders within ourselves. Since I set the first step of any Eng- 
lish foot into these wild parts, and have maintained a chargeable and hazard- 
ous correspondence with the barbarians, and spent almost five yeares' time 
with the State of England, to keepe off the rage of the English against us, 
what have I reaped of the root of being the stepping-stone of so many families 
and townes about us, but grief, and sorrow, and bitterness ? I have been 
charged with folly for that freedome and libertie which I have always stood 
for ; I say libertie and equalitie, both in lande and government. I have been 
blamed for parting with Moshassuck, and afterward Pawtuxet (which were 
mine owne as truly as anie man's coate upon his back) , without reserveing to 
myselfe a foote of land, or an inch of voice in any matter, more than to my ser- 
vants and strangers. It hath been told me that I labored for a licentious and 
contentious people ; that I have foolishly parted with towne and colonic ad- 
vantages, by which I might have preserved both towne and colonic in as good 
order as anie in the countrie aboute us. This, and tenn times more, I have 
been censured for, and at this present am called a traitor, by one partie, 
against the state of England, for not maintaininge the charter, and the colo- 
nic ; and it is said that I am as good as banished by yourselves, and that both 
sides wished that I might never have landed, that the fire of contention might 
have had noe stop in burning. Indeed, the words have been soe sharp be- 
tweene myselfe and some latelie, that at last I was forced to say, they might 
well silence all complayntes if I once began to complayne, who was unfortu- 
natelie fetched and drawne from my employment, and sent to soe vast distance 
from my familie, to do your work of a high and costlie nature, for soe manie 
dayes and weekes and months together, and there left to starve, or steal, or beg- 
or borrow. But blessed be God, who gave me favor to borrow one while, and to 
work another, and thereby to pay your debts there, and to come over with your 
credit and honor, as an agent from you, who had, in your name, grappled with 
the agents and friends of all your enemies round about you. I am told that 
your opposites thought on me, and provided, as I may say, a sponge to wipe 
off your scores and debts in England, but that it was obstructed by your- 
selves, who rather meditated on means and new agents to be sent over, to 
cross what Mr. Clai'ke and I obtained. But, gentlemen, blessed be God, who 
faileth not, and blessed be his name for his wonderful Providences, by which 
alone tbis towne and colonic, and that grand cause of Truth and Freedome 
OF Conscience, hath been upheld to this day. And blessed be his name who 



352 RECORDS OF THE COLONY OF RHODE ISLAND, 

1656. ^^th again quenched soe mucli of our fires hithertoe, and hatli brought your 
_ ^- _ -^ _. names and his own name thus far out of the dirt of scorn, reproach, &c. I 
finde among yourselves and your opposites, that of Solomon true, that the con- 
tentions of brethren (some that latelie were soe) , are the bars of a castle, and 
not easily broken ; and I have heard some of both sides zealouslie talkinge of 
undoeing themselves by a tryall in England. Trulie, friendes, I cannot but 
fear you lost a fair wind latelie, when this towne was sent to for its deputies, 
and you were not pleased to give an overture unto the rest of the inhabitants 
aboute it ; yea, and when yourselves thought that I invited you to some con- 
ference tending to reconciliation, before the towne should act in soe fundamental 
a business, you were pleased to forestall that, soe that beinge full of grief, 
shame and astonishment, yea, and fear that all that is now done, especially in 
our towne of Providence, is but provoking the spirits of men to fury and des- 
peration, I pray your leave to pray you to remember (that which I lately told 
your opposites), onlie by pride cometh contention. If there be humilitie on the 
one side, yet there is pride on the other, and certainelie the eternal God will 
engage against the proud. I therefore pray you to examine, as I have done 
them, your proceedings in this first particular. Secondly, Love covereth a mul- 
titude of sins. Surely your charges and complaints each against other, have not 
hid nor covered any thing, as we use to cover the nakedness of those we love. 
If you will now profess not to have disfranchised humanity and love, but that, 
as David in another case, you will sacrifice to the common peace and common 
safety, and common credit, that which may be said to cost you something, I 
praj your loving leave to tell you, that if I were in your soul's case, I would 
send unto your opposites such a line as this : " Neighbors, at the constant re- 
quest, and upon the constant mediation which our neighbor Eoger Williams, 
since his arrival, hath used to us, both for pacification and accommodation of 
our sad dififerences, and also upon the late endeavors in all the other towns for 
an union, we are persuaded to remove our obstruction, viz.: that paper of con- 
tention between us, and to deliver it into the hands of our aforesaid neighbor, 
and to obliterate that order, which that paper did occasion. This removed, 
you may be pleased to meet with, and debate freely, and vote in all matters 
with us, as if such grievances had not been amongst us. Secondly, if yet 
aught remain grievous, which we ourrselves, by free debate and conference, 
cannot compose, we ofier to be judged and censured by four men, which out of 
any part of the colony you shall choose two, and we the other." 

Gentlemen, I only add, that I crave your loving pardon to your bold but 
true friend, 

ROGEE WILLIAMS. 



AND PROVIDENCE PLANTATIONS. 353 

1657. 



At the General Court of Election, held at Newport, the 
im of May, 1657. 

Mr. Benedict Arnold, chosen Moderator of the As- 
sembly, 

Mr. Benedict Arnold, chosen President, Mr. John 
Easton, next. 

Mr. Arthur Venner, Assistant for Providence, Mr. Tho: 
Olney, next. 

Mr. William Baulston, Assistant for Portsmouth, Mr. 
John Roome, next. 

Mr. Richard Tew, Assistant for Newport, Mr. John 
Easton, next. 

Mr. Randall Holden, Assistant for Warwick, Mr. John 
We ekes, next. 

John Sanford, General Recorder, ingaged. 

Mr. Richard Knight, General Sarjent, James Rogers, 
next. 

Mr. John Greene, Jr., General Attorney, John Easton, 
next. 

John Sanford, General Treasurer, next Mr. Richard 
Burden. 

James Rogers, General Solicitor, Lott Strange, next. 

Mr. Ben: Arnold, President. Ingadged. 

Mr. Richard Tew, Assistant. Ingadged. 

Mr. Randall Holden, Assistant. Ingadged. 

Mr. Richard Knight, Gen'l Sarjent. Ingadged. 

Mr. John Greene, Jun'r, Gen'l Atturney. Ingadged. 

John Sanford, General Treasurer. Ingadged. 

James Rogers, General Solicitor. Ingadged. 

Mr. William Baulston, Assistant. Ingadged. 

Mr. Arthur Fenner, Assistant. Ingadged- 




RECORDS OF THE COLONY OF RHODE ISLAND, 



The General Cowi of Commissioners, held at Netoporf, 
May the IM, 1657. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. Thomas Harris, 
Mr. John Sayles, 
Mr. Henry Bull, 
Thomas Walwin, 
Samuel Bennet, 
Mr. Hugh Bewitt. 



FOR PORTSMOUTH. 

Mr. William Almy, 
Mr. Richard Burden, 
Mr. William Freeborne, 
John Sanford, 
Mr. John Greene, 
Edward Greenman. 



FOR NEWPORT. 

Mr. Benedict Arnold, 
Mr. John Easton, 
Mr. John Cranston, 
Mr. Richard Tew, 
Mr. Joseph Clarke, 
Mr. John Gould. 



FOR WARWICK. 

Mr. John Greene, Sen'r, 
Mr. Randall Holden, 
Mr. Samuel Gorton, 
Mr. John Weeks, 
Mr. John Greene, Jun'r, 
Mr. Walter Todd. 



Mr. Benedict Arnold, chosen Moderator for this 
daie. 

John Sanford, chosen Clarke of this Assembly. 
The Court adjourned till the next morninge. 



Duty of the 
Moderator. 



May the 20tL 

Mr. Benedict Arnold, chosen Moderator. 

1. It is ordered, that the pertickulars mentioned in an 
order made for orderinge the General Assembly in the 
yeare 1648, at Providence, viz.: touchinge the manner of 
debatinge matters, and the duty of the Moderator in the 
Assembly, both in the time of adjitatinge, as alsoe for ad- 
journinge or desolveinge the Court, shall be of force 



AND PROVIDENCE PLANTATIONS. 355 

unto the Court of Commissioners untill they see cause to 1657. 
alter it. v-*»-v-w/ 

2. James Sands beinge by the Towne of Portsmouth J^me^«, 
chosen a Commissioner, he beinge sicke, and not able to*'"'""''"®'^ 
attend, his fine is by this Court remitted. 

3. Mr. John Porter being chosen a commissioner hy J°^"g^,g gj^^ 
the Towne of Portsmouth, he being sicke, and not able to""^"""^'^' 
attend, his fine is by this Court remitted. 

4. It is ordered, that the Clarke shall open and reade Roger 

' ^ Williams' 

to the Assembly, a letter sent from Mr. Roger Williams to^^"^''- 
this Assembly. 

5. It is ordered, that any person convict of the act of Lawcon- 

■" •/ i. cerninge 

Fornication within the jurisdiction of this CoUony, shalF<''^'^^'=^"°°- 
be publiquely whiped in the Towne where the fact was 
done, with fifteene stripes for the first offence, or pay 
forty shillings ; and in case of a second, in that case the 
party shall be publiquely whiped at the towne where it 
was done if on the Island ; and of the other Towne of the 
Island a week after, with fifteene stripes at each place ; 
and soe if on the maine land, then at the towne where it 
was done ; and at the next towne alsoe to receive the like 
punishment as is aforesaide, or pay a fewer pound fine to 
the CoUony Treasury. 

6. The Court have thought fitt to commit to the fyle papers 
certaine papers that came before us concerninge Richard 
Chasmore, and some aligations against the Towne ofRhode^s? ^'^ 
Providence about him ; as alsoe a bond of Zachary Roads 
concerninge the same business, in regard that Mr. Roger 
Williams is not here present, from whome the saide papers 

and bond came to the Court. 

7. Ordered, that the Recorder shall give a coppy ofMr.cod- 
Mr. Coddington's petition to this Court, unto Mr. Torrey, ^^j^-j^f^^'^^^y'^ 
he paying for the coppy : also to give Mr. Coddington a 
coppy of Mr. Torrey's petition, he paying for the coppy. 

8. Ordered, that Mr. Thomas Harris, Mr. Hugh committee, 
Bewitt, Mr. William Almy, Mr. Richard Burden, Mr. 

John Easton, Mr. John Gould, Mr. John Greene, Jr., 



con 
cerninge 
Richard 

Chasmoi-e 



356 RECORDS OF THE COLONY OF RHODE ISLAND, 

1657. and Mr. John Weekes are chosen a sub-committee to ad- 
'-*''"^'''*^ iitate and bringe, in their result of fower bills delivered to 

Freemen 

admitted, them. 

Lawrance Turner, Andrew Lang worth, and Robert Bur- 
dick are admited freemen of this Collony. 

9. Vpon consideration of the good correspondency 
and peaceable agreement composed and approved of 
betweene the Commonwealth of England and the State of 
Holland. 

Liberty for 10. It Is hj tMs prcsout Asscmblj declared, that 

trade" " whorcas there hath beene made certaine law or lawes in 
this Collony, and by certaine Townes or parts thereof, to 
prohibit the Dutch from haveinge any recourse in a way 
of trade to these parts ; which law or lawes were made 
in the time of the late differences and hostillity between 
the two nations : the sayd law or lawes of prohibition are 
now declared to be null, and of noe force ; and that upon 
the reasons aforesayd. But it is declared, that the Dutch 
may have lawfull commerce with the English in this Col- 
lony, correspondent to the peace in beinge betweene the 
two nations. 

Demurra. n^ Conccminge demurrs, we declare that plaintife 
and defendant shall have, each of them, but one demur, 
which may not be denyed them either before or after the 
case be pleaded ; provided, it be required before the jury 
be sent forth ; only in the case it be required after the 
case be pleaded, or the jury attend the case, the party 
that desires it, shall pay the jury. 

xNihiidicit. 12. Concerninge a nihil dicit, we declare that al- 
though it be taken in the Recorder's office before the 
Court sitt ; yet if the defendant apeare in Court and give 
in his answer, the matter shall proceed to tryall, except 
either party desire a demurr ; and this demurr shall be 
the defendant's demurr because of his default, though the 
demurr be desired by the plaintiffe, if the plaintifTe desire 
it before the jury be impaneled upon the action. 

13. Concerninge a rehearinge after judgment graunt- 



AND PROVIDENCE PLANTATIONS. 



357 



ed. Wee declare, that either the plaintiffs or defendant, 1657. 
shall each of them have liberty of one rehearinge, if either ^^^^^'j^ 
of them desire it, and noe more ; provided, that he that ^'^'^^jj^g^^^ 
desire it, whether plaintiffs or defendant, shall give in 
double bond of what the defendant gave for his former 
apearance ; which bond, together with the fewer pound, 
or the value of the bill of costs, shall be given into the 
Recorder's office within tenn dales after judgment grant- 
ed ; and these costs not to be recoverable againe, except 
the jury see good cause to give it ; and for this cause the 
execution shall remaine in the Recorder's office tenn days 
after judgment graunted, before it go forth ; and soe the 
Recorder shall stop the execution, which shall be notice 
sufficient to the party to prepare for a tryall accordinge to 
law, the next [term of the Court ensuinge]. 

14. [With respect] to a bill concerninge the tea- witnesses 
dious and chargeable [services] of the jury upon the ac- gaged- 
count of differinge witnesses ; we declare that the com- 
playner, and he that is complayned against, shall have 
theire witnesses equally engaged, and to be of the like au- 
thority for the jury to judge of the truth of them, and ac- 
cordingly give intheir verdict ; and this to be the explaina- 

tion of the former law in the bulke of lawes concerninge 
the inquest. 

15. With respect to Mr. Coddinsfton's petition, andw. cod- 

^ o i dington and 

Capt. Morris his petition now presented, the court doth ^^1'^^° 
declare, that the result of the last Court of Commissioners 
at Warwicke, was that noe such acts should be medled with- 
all, except by a speciall order from England ; and there- 
fore, if either of them desire to trye any matters connected 
with the time of Mr. Coddington's comition, if they procure 
a speciall order from England, they may have it tryed. 

There being five pound, thirteen shillings, two pence wiiiiam 
due to William Lytherland, the General Court have or- '^iid's Bin. 
dered him hereby to demand and receive the sayd sum of 
the General Treasury. 

16. It is ordered and declared, by this present As- 



358 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1657. sembly, that any man that is chosen by any of the 

^^^^^^^ Townes to serve on an inquest or jury, shall have at least 

Jurymen, ^hree dales warninge before the Court ; and in case he 

hath not such warninge, then he shall not be finable for 

not attendinge the Court, only in case of necessity to fill 

the Jurry in Court time ; the Court have power to take 

any man they judge fitt for that service, and such not to 

refuse, upon penalty of tenn shillings fine for each such 

refusall. 

Time of fines 17. It ordcrod, that every man that should attend for 

to be paid. ^ . . 

a Commissioner or a Juryman, or to give evidence by a 
Supena in our Courts and doth not attend, he shall have 
liberty within tenn dales after he should have performed 
that service, for to pay his fine, or make a lawfuU excuse 
apeare to the Generall Magistrate of that Towne where he 
liveth ; or else it shall be levied by the Generall Sarjant 
accordinge to law, by a warrant under the Recorder's 
hand at the followinge Courtt. 

dington'and 18. Vpou au agrccmcnt betwixt William Codding- 
ton, of Newport, Esquire, and Mr. William Brenton, of 
Boston, Merchant, to put all differences between them to 
arbitration, and ingadge themselves to stand to theire ar- 
bitrators' award in the same ; and upon the request of the 
aforenamed ; hereupon the Court doth declare, that in 
case those premised arbitrators doe not agree upon the 
full and finall determination in the premises, yett no Court 
of tryall nor officer or officers shall have power to graunt 
either execution, nihil dicit, or non-suite, concerninge 
any matters in the premised differences, to either of the 
above named William Coddington, Esq., or to Mr. Wil- 
liam Brenton, Merchant, A^ithout a spetiall authoritie 
from the law makinge Court of this Collony. 

Dalle's pe- 19. Ordered, that Mr. Richard Tew, Mr. John 
Greene, Jr., of Warwicke, Mr. Thomas Harris, of Provi- 
dence, and Edward Greenman, of Newport, are apoynted 
a sub-committee to goe to Abigail, daughter-in-law to 
Mr. John Cowdall, and to carrie the petition that was 



tition. 



AND PROVIDENCE PLANTATIONS. 359 

presented to the Court in her name, and to enquire of her 1657. 
if she owne it to be hers, and to informe themselves of ^-*''^'"**^ 
other circumstances from her thereabout, and to make re- 
port thereof to the Court to-morrow morninge, at the 
meetinge of the Court. 

20. Vpon a petition of Richard Ussell, to this court for ^^?f^fi^',V 
justice concerninge an execution graunted to him against Richmond. 
Edward Richmond, of Newport, for the sum of three pound, 
thirteen shillings ; which execution beinge unserved by 
reason that noe estate was found to serve it on, and now 
beinge adjitated in the Court for redress in the same, 

here appeared John Richmond, of Newport, Sen'r, and to 
the Court doth agree to pay the sayd sura mentioned in 
the execution to Richard Ussell or his assigns, before the 
24th of June next, upon the penalty of a double bond for- 
feiture, payable to the sayd Ussell, recoverable by law. 

21. Concernine:e the nihil dicit entered asjainst Rich- Nihudicit 

° ° by Edward 

ard Ussell and John Cowdall, of Newport, by Edward ^'^^^^°'^'i 
Richmond, before the Court of tryalls in October last, atuseeu!"^ 
Portsmouth, some difficulty arisinge in the Courts aboute 
it, and they referringe it to this Court to consider ; the 
Court declareth that the Jury shall enquire of the dam 
ages upon the sayd nihil dicit, and judgment and execu- 
tion shall be entered and graunted at the General Court of 
Tryalls at Warwicke in June next, in that case. 

22. Vpon a bill concerninge distraints, it is declared Di^^'^aynta 
by this Assembly, that the party whose goods is distrain- 
ed upon, shall have liberty of tenn dayes after the dis- 
tringas is levied, to redeem his goods, payinge his fine 

and the charges by law due thereupon, and his redeeming 
the goods shall not be taken as if he did confess himself 
guilty of fact. Moreover, he is to pay the chardge of 
keepeinge the goods taken till redeemed as aforesayed. 

23. Vpon a bill concerninge a progresse in lawpiogressm 

^ O J. o law against 

against the Generall Sarjant, or any other general officers o^^ct'^' 
in the Collony. It is ordered, that in case of debt or 
trespass that doth not concerne or respect the Grenerall 



360 RECORDS OF THE COLONY OF RHODE ISLAND, 

1657. Seijant's office, a summons taken by the plaintifFe out of 
'^■*'"~^'^'*-' the Generall Recorder's office, and served by the Towne 
serjant or his Deputy of the Towne, where the General 
Serjant inhabits, shall serve to bringe the Generall Serjant 
to a tryall, at a Generall Court of tryalls instead of an 
arrest ; and the fees to the sayd Town Sarjant for serve - 
inge the summons, shall be the same as is alowed to the 
Generall Serjant for servinge a writt of arrest. And fur- 
ther it is ordered, that a summons served by the Generall 
Serjant in like case on any other Generall Officer, shall 
serve to bringe them to tryall instead of a writt of arrest, 
to a Court of tryall, provided the matter concerne his 
office. 
co'^mittee's 24. Thc Rcport of the sub-committee yesterday chos- 
Davla'' en and sent to Abigail, daughter of John Cowdall is, that 
haveinge read the petition to the sayd Abigail, which was 
subscribed Abigail Davis, she owned the sayd petition to 
be her act, and likewise disclaimed Richard XJssell, and 
only owned Edward Richmond, and further professed that 
what she had done with respect to Richard Ussell, was for 
feare of being forced to it by her father and mother. 

25. Vpon adjitation concerninge Richard Ussell and 
Abigail Davis, the Court declareth theire resolution to 
consider and debate the matter, as to theire sence con- 
cerninge the marridge of the sayd XJssell with the sayd 
Abigail Davis, whether it were legall or not. 

26. Vpon the great disturbance made by standers by 
in the beginninge of the adjitation abovesayd, the Court 
hath for the present deferred the debate of the matter any 
further. 

William 27. Whereas, Mr. William Baulston did in the Court 

Baulston'a 

torney°to'^'' prosent a letter of Attorney signed, sealed and delivered 
MrBrentoni^y Mr. William BrcntoH, to the sayd Mr. Baulston, au- 
thorizinge him to be his agent in all differences betwixt 
the sayd Mr. William Brenton and Mr. William Codding- 
ton, which sayd letter of Attorney was, by two witnesses 
in Court avouched to be Mr. Wm. Brenton's act and deed. 



AND PROVIDENCE PLANTATIONS. 361 

28. Vpon the referring of the differences betweene 1657. 
William Cocldington, Esq'r, and Mr. William Brenton, of ^-';-^--^' 
Boston, Merchant, to arbitrators mutually chosen by them 11^%'^j^^^^ 
to determine ; and having made bonds to stand to the Mn&'tSu 
award of the arbitrators, or the major part of them ; the 
Court tooke cognizance of the sayd engagement and 
bonds ; as that alsoe it is lawful! for the arbitrators or the 
major part agreeinge upon an award to take of the visible 
estate in horse kinde or sheepe, or other cattell of either 

of the parties above sayd, that is found wronginge the 
other in the premises, and give it into the hands of the 
party wronged for satisfaction. 

29. It is ordered, that the Generall Recorder doe Execution 

against Mr. 

graunt execution accordinge to law with the words in the ^y^^. 
execution, by authority of verdict and judgment of Court 
in the case that was found against Mr. Dyre at the last 
Court of tryalls in March, where only through neglect, 
judgment was not entered. 

30. Vpon the Court takinere cognizance of the accu- Matters con- 

. ... . cerninge 

sation layd against William Harris, of Providence and """"i- Harris. 
Pawtuxet, by Mr. Roger Williams, of Providence ; to- 
gether with an impeachment of High Treason against the 
sayd William Harris, which impeachment is in writinge 
subscribed Roger Williams, President ; and here apeare- 
inge noe man to declare (vive voce) against the said 
Harris, nor noe examination concerninge the sayd im- 
peachment ; the Court declareth that the sayd William 
Harris stands lyable, together with his sureties to apeare 
at, and attend the Court of Commissioners at Warwicke, it 
being adjourned thither to begin the 4th day of July 
next ; And further, this Court doe require the Atturney 
General to take notice of the case, and take out sum- 
mons to require Mr. Roger Williams there to appeare, 
and to make out his charge against William Harris face to 
face ; for as much as the Court cannot now proceed to the 
tryall by reason Mr. Williams doth not appeare to make 
out his charge. Alsoe, the Court doe charge the Attur- 



362 RECORDS OF THE COLONY OF RHODE ISLAND, 

1657. ney to observe his office in the impleadinge the saycl 
'^•'^'•^^^'^ William Harris according to law in the premises, the 
Court being adjourned only with respect to that matter. 

At W'anvick, July the Ath, 1657. 

toeTawa- Upon the request of the Narraganset sachems. It is or- 

indfans. dcrod, that a letter be sent to the English at Pequot and 

thereabouts, from this Assembly, and to be subscribed by 

the General Recorder, the contents whereof are as follow- 

eth, viz.: 

To our honored and beloved friends, Captain Denison, 
and Mr. Thomas Stanton, to be communicated to such 
of the English as it may concerne at Pequot, or other 
parts of the country. 
Beloved Countrymen : 
Letter to^ III the Consideration of the great charge that lyeth 

ThomaT*^ on every one to endeavor the preservation of the peace of 
Stanton, ^j^-^ country, and every member thereof ; we doe there- 
fore make use of this present occasion to the end premis- 
ed, and you may please to understand that we have at this 
very instant a very solemn and serious information from 
the Narragansett Sachems by a chiefe councillor of theirs, 
that they take it ill of some English who live neare unto 
Uncas his fortt ; for that (as they say) the English by 
theire scouts discover to the Nanhegans the approach of 
the Narragansits, and thereby doe defeat their designs in 
warr against Uncas. And further, these Indians doe say 
that they think those English that so doe, doe not doe it 
by order of any coUony or Court, but for money given un- 
derhand by Uncas. And further they tell us that the in- 
landers called Mocquayes are in great number cominge 
down against Uncas. And those Indians feare that those 
inlanders findinge any such carridge from those English 
by making signes or shoutinge, to give Uncas notice as 
aforesayed of his enemies aproatch, that then those inland- 
ers may be enraged, and either take or kill such scout or 



AND PROVIDENCE PLANTATIONS. 363 

scouts. And now on this information, these Narragansett 1657. 
sachems desire us soe to inform you, for that they desire *-^^v-^-' 
a ftiyre correspondency with the English. Thus much 
only we shall add ; that is, that you our lovinge country- 
men doe well consider of the matter, and weigh the 
grounds of these actions ; soe as, if possible, the peace of 
the country and therein your owne safety with ours 
may be preserved ; for that is the utmost extent of our 
desires. And we only desire to inform you, but noe way 
to engadge in either part of the Indian quarrels, one with 
another. And soe we rest your affectionate countrymen 
and friends. 

From the General Court of Commissioners held 
for the colony of Providence Plantations at 
Warwick. 

Per me, 

JOHN SANFORD, 

Gen'l Recorder. 
Dated July 4th, 1657. 

32. It is ordered, that Mr. John Fasten is to supplvJo^i'i Gaston 

^ ^ *' Att'y Gen'l. 

the place of the General Atturney until the General At- 
turney returnc, or till the next election, and is en- 
gadged. 

33. It is ordered, that William Harris shall readewniiam 
over the coppy of his Booke to the Court, and Mr. Wil- ^'"'^■ 
liams shall view the originall. 

34. It is ordered, that Mr. Roger Williams shall reade Roger 

° Williams 

over his letter to the Courte. better. 

35. It is ordered, that Mr. Roger Williams shall reade 
over his charge against William Harris, and his reply to 
William Harris his booke. 

36. Voated and ordered, that Mr. John Weeks and 
Mr. John Fasten are apoynted to employ theire times till 
aboute foure of the clocke this afternoone, to consider of 
the business concerninge William Harris his case, as to 
the court it is presented by Mr. Roger Williams, a case of 

9< 



ob4 RECORDS OF THE COLONY OF RHODE ISLANI>, 

1657. high treason ; and they are desired to draw up in writinge 
'^'*''-^^'*^ and propose to this Assembly, what they two shall con- 

John Weeks ^. - \ n ^ . . n 

and Johu ceive best as to a proa-ress m the further examination of 

Eaaton to J- o 

prepare case, i-j-^g cause lu Order to a tryall. 

37. Concerninge William Harris, his booke and 
speeches upon it ; we find therein delivered as for 
doctrine, havinge much bowd the Scriptures to maintaine, 
that he that can say it is his conscience ought not to yield 
subjection to any human order amongst men. Whereas, 
the sayd Harris hath been charged for the sayd booke, and 
words with High Treason ; and inasmuch as we being 
soe remote from England, cannot be soe well acquainted 
in the laws thereof in that behalfe provided, as the State 
now stands ; though we cannot but conclude his behaviour 
therein to be both contemptuous and seditious ; we 
thought best therefore, to send over his writinge with the 
charge and his reply to Mr. John Clarke, desiringe him 
to commend the matter in our and the Commonwealth's 
behalfe, for further judgment as he shall see the cause re- 
quire ; and in the meane time to binde the sayd Harris 
in good bonds to the good behaviour untill their sentence 
be knowne. 
Committee 38. It is Ordered, that fewer be nominated and chosen 
aVtt7to^ out of this Assembly, viz.: the President, the General Re- 

John Clarke 

iBEngiaud. corder, Mr. John Easton and Mr. Joseph Clarke, who are 
desired and authorized to draw up a letter in the name of 
the Court to Mr. John Clarke, in England, by which to 
give him the reasons and occasions of the Courts proceed- 
inge with William Harris in sendinge his booke, for which 
he is charged of High Treason ; as alsoe, his charge by 
Mr. Williams, and William Harris his reply thereto ; as 
alsoe, by the sayd letter to desire Mr. Clarke's assistance 
in the manadgeinge of the matter there, and to procure 
a result from the authority there in the premises with 
such convenient speed as he can, for that William Harris 
stands bound by recognizance to the good behaviour till 
the receipt thereof by the Court. 



AND PROVIDENCE PLANTATIONS. 365 

39. It is ordered, that Mr. Randall Houlden, Mr. 1657. 
Samuel Gorton, Mr, Ezekiell Holliman and Mr. Walter ^--*"^''^*^ 

Concerning 

Todd are authorized to take bonds of William Harris and },Y"V sam.- 

his Donds. 

his sonn Andrew Harris, in five hundred pounds starlinge, 
to performe the orders of the court concerninge the charge 
of High Treason against him, and to returne the sayd 
bonds into the Generall Recorder's office, or to secure his 
person. 

40. It is ordered, that the committee appoynted tow. 
take bonds of William Harris, shall have the bonds of 
Thomas Harris and Thomas Walwine, and upon theire 
takinge bonds of William Harris and his sonn, to deliver 
Thomas Harris and Thomas Walwine their bonds. 

41. It is ordered, and by this court declared, that the Richard 

Ussell's 

marridge of Richard Ussell with Abigail Davis was an un- marriage. 
lawful! marridge. 

42. It is ordered, that the Towne Clarke of Providence Mr. Fennei , 
shall tender the engadgement to Mr. Fenner, and if he re- 
fuse it, then to tender it to the next in choyce. 

43. It is declared, that there is due to the Generall Debt due the 

. , General 

Sargent twentie one pound, [which was] due before the sargent. 
cominge of Mr. Coddington's commission, which is to be 
payed by the first conveniency. 

44. It is ordered, that the next court of commission- 
ers shall apoynt an audit to audit the remainder of the 
General Sargent's accounts in the time of the Courts sit- 
tinge, and bring in their result to that Court. 

It is ordered, that the recorder shall have tenn shillings 
from each towne for coppies of this Court acts. 




EECORDS OF THE COLONY OP RHODE ISLAND, 



The General Court of Commissioners held for the Collony, 
at Portsmouth. March the 10th, 1G57-8. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. John Smyth, 
Mr. Thomas Ohiey, 
Mr. William Feild, 
Mr. William Carpenter, 
Mr. James Sweete, 
Mr. Edward Enman. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Mr. Richard Tew, 
Capt. John Cranston, 
Mr. Joseph Clarke, 
Mr. John Easton, 
Mr. John Greene. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Porter, 
Mr. Thomas Layton, 
Mr. Samuel Wilbore, 
Mr. James Badcocke, 
John Sanford. 



COMMISSIONERS FOR 
WARWICK. 

Mr. Randall Houlden, 
Mr. Samuel Grorton, 
Mr. John Weekes, 
Mr. Walter Todd, 
Mr. John Greene, Jun'r, 
Mr. Peter Greene. 



Mr. Benedict Arnold, chosen Moderator. 
John Sanford, chosen Clarke to this Assembly. 



1. Ordered, that the Bill presented by Pawtuxet men 
•shall be read. 

2. Ordered, that the sayd bill shall not be adjitated 
without paying six shillings and eight pence. 

3. Ordered, that the copy of the Lord Protectors Letter 
shall be read. 

4. Ordered, that the letter sent from the Governor in 
chiefe. Lord Admirall and Commissioners for forraigne 
plantations, to the Massachusetts, shall be read and re- 



AND PROVIDENCE PLANTATIONS. 367 

corded in the Grenerall Eecords, and the orridgionall 1658. 
coppy is in the keepinge of Mr. Samuell Gorton o^'^'^'^''^^ 
Warwicke. 

A copy whereof is, viz.: 

After our Hearty commendations. 

We being especially intrusted by both houses of Par- ^^py,°f,o„, 
liament with orderinge the affairyes and government ofwanvlcle! 
the English Plantations in America, have some months 
since received a complaynt from Mr. Gorton and Mr. 
Holden in the name of themselves and divers other 
English, whoo have transported themselves into New 
England, and now are or lately were inhabitants of a 
Tract of land called the Narragansetts Bay (a coppy of 
which complaynt the enclosed petition and narrative will 
represent unto your knowledge), we could not forthwith 
proceed to a full hearinge and determination of the mat- 
ter ; it not appearinge unto us that you were acquainted 
with the particular charge, or that you had furnished any 
person with power, to make defence in your behalfe ; nor 
could we conveniently respite some kind of resolution 
without a great prejudice to the petitioners, who would 
have layne under much inconvenience if we had detayned 
them from their families till all the formalities and cir- 
cumstances of proceedinge, necessary at this distance, had 
regularly prepared the cause for a hearinge. 

We shall therefore lett you know in the first place that 
our present resolution is not growned upon an admittance of 
the truth of what is charged, we knowinge well how much 
God hath honored your government, and believing that 
your spirits and affaires are acted by principles of justice, 
prudence, and of zeal to God; and therefore cannot 
easily receive any evill impressions concerninge your pro- 
ceedings. 

In the next place, you may take notice that we fownd 
the petitioners ayme and desire in the result of it was, 
not soe much a reparation of what's past, as a settlinge of 
their habitations for the future, under that Government by 



368 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1658. a Charter of civill incorporation, which was heretofore 
-•'"^'""^-'graunted them by ourselves. We find withall, that the 
tract of land called the Narragansetts Bay, concerninge 
which the question has arisen, was, divers years since in- 
habited by those of Providence, Portsmouth and Newport, 
who are interested in the complaynt ; and that the same 
is whollie without the bounds of the INlassachusetts Pa- 
tent, granted by his Majestic. We have considered that 
they be English, and the forcinge of them to finde out new 
places of residence will be very chargeable, difficult and 
uncertaine ; and, therefore, upon the whole matter, doe 
hereby pray, and require you, to permitt and suffer the 
petitioners, and all the late inhabitants of Narragansett 
Bay, with their families, and such as shall hereafter joyne 
with them, freely and quietly to live and plant upon the 
Shawomett and such other parts of the sayd tract of land 
within the boundes mentioned in our sayd charter, on 
which they have formerlie lived and planted, without ex- 
tending your jurisdiction to any part thereof, or otherwise 
disquietinge them in their consciences or civill peace ; 
or interrupting them in their possession, untill such time 
as we shall have received your answer to their claime in 
poynt of title, and you shall thereupon have received our 
further order therein. And in case any others since the 
petitioners address to England have taken possession of 
any part of the lands heretofore enjoyed by the petition- 
ers, or any of their associates, you are to cause them that 
are newly possessed, as aforesaide to be removed, that 
this order may be fully performed. And till our further 
order, neither the petitioners are to enlarge their planta- 
tions, nor are any others to be suffered to intrude upon 
any part of Narragansett Bay. And if they shall be 
found hereafter to abuse this favor by any act tending to 
disturbe your rights, we shall express a due sense thereof, 
soe as to testifie our care of your honored protection and 
encurridgment. 

In order to the effectino'e of this resolution, wee doe alsoe 



AND PROVIDENCE PLANTATIONS. 369 

require, that you suffer the saycl Mr. Gorton, Mr. Holden, 1658. 
and Mr. Greene, and theire company, with theire goods '-^"^'"^^ 
and necessaries to pass through any part of that Territory 
which is under your jurisdiction towards the sayd tract of 
land without molestation ; they demeaninge themselves 
civilly, any former sentence of expulsion or otherwise not- 
withstandinge. 

We shall only add that to these orders of ours, we shall 
expect a conforming [to, not only for] yourselves, but from 
all other governments and plantations in New England 
[which they] may concerne. And so commendinge you 
to God's gracious protection, We rest 

Your loveing friends. 
[Office of the] chiefe Lo. 1 Warwicke, Gov'r and Ad- 
Adm'll and Comm'rs . . j mirall, 
Plantations, set- J. Northumberland, 

Nottingham, 

Pembroke and Mont., 

Fra: Dacre, 

Manchester, 

Will: Waller, 

H. Vane, 

Ben: Rudgerd, 

John Holland, 

Dennis Bond, 

Sam'l Vassall, 

Wm. Purefoy, 

Geo. Snelling. 

To our very loveing friends the Governor, 
Deputy Governor, and Assistants of the 
Massachusetts Plantation, in New Eng- 
land, vera: copia,* W. JESSOP. 



ting at Westminster, 15 
day of May, 1646. 



* [Petition and Remonstrance from MassacJiusctis to the Earl of Warwick, to 
wliich the foregoing letter from the Earl of Warwick was in reply, taken 
from the Massachusetts Records, vol. Hi. p. 95.] 

To y" Right Honorable Robert Eai-le of Warwicke, Governour in cliiefe, lord 



370 



KECOEDS OF THE COLONY OF RHODE ISLAND^ 



1668. 7. Whereas, the lawes made by the General! Assem- 
^-*"-^'^*-' bly at Portsmouth, in the yeare 1647, on the 19th, 20th 
Lawefcon- ^'^^ ^"'"^^ of May, concemmge trayninge, have been seari- 
Sfnl. ously considered by this Assembly ; and they findinge 



admiral], aud other y° lords and gentlemen, commissioners for forraigne 
plantations. The humble petition and remonstrance of y° Governom- and 
Company of y° Mathatusetts Bay, in New England, iu America. 
In way of answer to y" petition and declaration of Sam: Gorton, Randall Houl- 
den, and John Greene, &c. 

Whereas, by virtue of his majestys charter, grauuted to your petitioners, in 
y° fourth yeere of his highues raigue, wee were incorporated into a body poli- 
tick, with divers imuuityes and privi ledges, extending to y' parte of Xew 
England where wee now inhabite, wee doe acknowledge, as wee have alwayes 
donne, and as in duty wee are bound, y' although wee are removed out of our 
native country, yett wee still have depeudance vppon y' state, and owe allegi- 
ance and subjection therevnto, according to our charter ; and accordingly wee 
have mourned and rejoyced therewith, and have held freinds and enemyes in 
comon with it in all y' changes which have befallen it ; our care and indevor 
also have binn to frame our government and administrations to y° fundamen- 
tal! rules thereof, so farr as y^ different conditions of this place and people, and 
y^ best light wee have from y" word of God, will allowe ; and whereas, by or- 
der from your honnors, ISfay 15, 1646, wee find y* your honuors have still this 
good opinion of vs as not to creditt what hath binn informed against vs, be- 
fore wee be heard, wee render humble thanks to your honnors for y" same. 
Yett, forasmuch as our answer to y' information of y* said Gorton, &c., is ex- 
pected, and something also required of vs, which in all humble submisiion wee 
conceave may be prejudiciall to y° libertyes graunted vs by our charter, and 
to our well being in this remote parte of the world, vnder y° comfort whereof, 
through y° blessing of y" Lord and his majestyes favor, and y" speciall care and 
bounty of y" high Courte of Parliament, wee have lived in peace and pros- 
perity these 17 yeeres. Our humble petition in y" first place is, y* our present 
and future conformity to your orders and directions may be accepted with a 
salvo jure, y' when times may be chaunged (for all things here belowe are sub- 
ject to vanity), and other princes or Parliaments may arise, y' gennerations 
succeeding may not have cawse to lament, and say England sent our fathers 
forth with happy libertyes, which they enjoyed many yeeres, notwithstanding 
all y" enmity and opposition of y° prelacy and other potent adversaryes ; how 
came we, then, to loose them vnder y'' favor and protection of y* state, in such 
a season, when England itself recouered its oune, in freto viximus, iu porta 
morrimur. But wee confide in your honnors justice, wisdome, and goodness, 
y* our posterity shall have cawse to rejoyce vnder y' fruite and shelter tliereof, 
as ourselves and many others doe, and therefore are bold to represent to your 
honnors our apprehensions wherevpon wee have thus jDresumed to petition yow 
in this behalfe. Itt appeares to vs by your, y' wee are conccaved to have 
transgressed our limitts by sending souJdiers to fetch in Gorton, &c., out of 
Shawwamett, in y* Narragansett Bay. 2. Y' wee have either exceeded or 



AND PROVIDENCE PLANTATIONS. 



371 



tliem to be very full and to good purpose for the keepe- 1658. 
inge on foote the sayd military exercise, which is much ^-«'"^'^*-' 
neglected by the towns through some alteration made 
since : It is therefore, by the authority of this present As- 



abused our authority in baDishing of tliem out of our jurisdiction when they 
were in power. For the first wee hereby crave, for your better satisfaction, 
that your honnors will be pleased to perceave what wee have delivered to y" 
care of Mr. Edward Winslow, our agent or comissioner, whom wee have sent 
of purpose to attend your honnors, concerning our proceedings in jt affaire, 
and y° grounds thereof, which are truly and faithfully reported, and y° letters 
of y° said Gorton and his company, and other letters concerning him, faithfully 
copped out, not verbatim only, but even literatim, according to their oune bad 
English. Y" originalls we have by vs, and had sent them but for casualty of 
y° seas. Thereby it will appeare what the men are, and how unworthy your 
favor ; thereby also will appeare the wrongs and provocations wee receaved 
from them, and our long patience towards them, till they became our professed 
enemyes, wrought us distui;bance, and attempted our ruine, in which case our 
charter, as wee conceave, gives vs full power to deale with them as enemyes by 
force of armes, they being then in such place where Vv^ee could have no right 
from them by civill justice, which y° commissioners for, &c., finding, and y'^ 
necessity of calling them to an accompt, left the busines to vs to doe ; for y° 
other perticuler in your honnors order, viz.: y° banishment of Gorton, &c., as 
wee are assured upon good grounds y' our sentence upon them was less than 
their deserving, so wee conceive wee had sufficient authority by our charter to 
inflict the same, having full and absolute power and authority to punish, par- 
don, rule, gouerne, &c., graunted us therein. Now, by occasion of j* said or- 
der, those of Gortons company beginn to lift vp their heads, and to speake 
their pleasures of vs ; threatening j' poore Indians, who, to avoyd their tiran- 
ny, had submitted themselves and their lands vnder our protection and gov- 
ernment ; and diverse other sachems, following their example, have donne the 
like ; and some of them brought by y° labora of one of our elders, Mr. John 
Elliott (who hath obtayned to preach to them in their oune language), to good 
forwardues, imbraeing j' knowledge of God in Christ Jesus ; all which hope- 
full beginnings are like to be dashed, if Gorton, &c., shall bee countenanced 
and vpheld against them and vs, which also will endanger our peace here at 
home ; for some amongst ourselves, men of vnquiett spiritts, affecting rule and 
innovation, have taken bouldenes to prefer scandalous and seditious petitions 
for such libertyes as neither our charter, nor reason, nor religion will allowe ; 
and being called before vs in open Courte to give accompt of their miscarri. 
age therein, they have threatened vs with your honnors authority, and before 
they knew whether wee would proceede to any sentence against them or not, 
have refused to answer, but appealed to your honnors. Y* coppy of their pe- 
tition, and our declaration therevpon, our comissioner hath ready to present to 
yow when your leisure will permit to heare them. Their appeals wee have not 
admitted, being assured y* they cannot stand with y° liberty and power graunt- 
ed vs by our charter, nor will be allowed by your honnors, who well know it 



372 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. sembly ordered, that the aforesayd lawes concerninge 

--*^^^-'*^ trayninge made in the yeare 1647, aforesayde, be revised 

and to continue in full force throughout the whole collony, 

any other lawes or repeales to the contrary made notwith- 

standinge only ; with this explycation alsoe added to the 



would be destructive to all government, both in y" liouuor and also in y" joower 
of it, if it should be in y' liberty of delinquents to evade y" sentence of justice, 
and force vs, by apppeales, to ffoUow them into England, where the evidences 
and circumstances of facts cannot be so cleerely held forth as in their proper 
place. Besids the insupportable chardges wee must be at in y' prosecution 
thereof, these considerations are not new to your honnors and y' high Courte 
of Parliament, the records whereof beare witnes of y"^ wisdome and faithfull- 
ness of our auucestors in y' great councell, who in those times of darknes, when 
they acknowledged a supremacy in y' Bishop of Eoorae in all cawses eclesias- 
ticall, yett would not admit appeales to Roome to remove cawses out y° 
Courts in England ; besids, although wee shall redily admitt y* y'' wisdome 
and experience of that great councell, and off your honnors as a parte thereof, 
are farr more able to prescribe rules of government, and to judge of cawses, 
then such poore rustickes as a wildernes cann brecde vp, yett, considering y° 
vast distance betweene England and these partes (which vsually abate the ver- 
tue of y' strongest influences), your councells and judgments could neither be 
so well grounded, nor so seasonably aplyed, as might either be so vsefuU to 
vs, or so safe for yourselves in your dischargde in j° great day of accompt, for 
any miscarriages which might befall vs while wee depended on your councell 
and helpc, which would not seasonably be administered to vs ; whereas if any 
such should befall vs when we have y° government in our oune hands, y° state 
of England shall not answer for it. In consideration of y° premises, our hum- 
ble petition to your honnors in y° next place is, y' jour honnors will be pleased 
to coutiuew your favorable aspect vpon these infant plantations, y' wee may 
still rcjoyce, and bless our God, vnder your shadow, and be there still nour- 
ished, tanquam calore et rore coelesti ; and whiles God ounes vs for a people 
of his, he will oune our poore prajers for yow and your goodnes towards vs 
for an abundant recompence ; and this in especiall if yow shall please to passe 
by any failings you may have observed in our course to confirme our libertyes 
(graunted to vs by charter), by remitting delinquents to our just proceedings, 
and discountenancing of our enemyes and disturbers of our peace, or such as 
molest our people there vpon pretence of injustice. 

Mr. Winslow, his commission, ^c, to answer to certain 
charges brought against the government. 

MassatusettsinN: England. 

Whereas Samuell Gorton, John Greene, and Randall Houlden, by petition 
and declaration exhibited to y" right honnorable y° Earle of Warwick, gov- 
ernor in chiefe and comissioners for fForraigne plantations, as members of y' 
iaigh Courte of Parliament, have chardged divers falce and scandalous matters 



AND PROVIDENCE PLANTATIONS. 373 

sayd lawes, concerninge the Town councills supplyeinge 1658. 
such as are not able to gett amies, the meaning of which -«*'^--*-' 
is, that the Town councill have power to make a rate or 
to lay out upon such occasion, what fines are taken for 
men's defect in traininge for such as they judge not able 
to buy armes. 

8. Ordered, that the President and Mr. Samuel Gor- Letterfrom 

' Plymouth 

ton shall draw up an answer to a letter sent from Ply- ^^°^^^^°^ 
mouth, concerninge Hog Island, which shall be subscribed 
by the Clarke of this Assembly ; as alsoe to draw up an 
answer to a letter from the Commissioners of the United 
Collonys, which shall be subscribed by the clarke of this 
Assembly. The copies of which are as follows, viz.: 

Letter to Plymouth concerning Hog Island. 

Honored Gentlemen : 

There hath come to our view a letter bearing date the 

against vs, -wlierein their boonors have beeu pleased to give vs notice, and doe ex- 
pect our answer for cleering y" same, wee therefore, the Governor and Compa- 
ny of Massatusetts aforesaid, assembled in our Genuerall Courte, being carefull 
to give all dew respect to his lordship and y' honorable comissiou, and having 
good assurance of the wisdome and faithfullness of yow, our worthy and loving 
friend, Mr. Edwarde Wiuslowe, doe hereby give power and comission to yow 
to appeare before his lordship and commissioners, and presenting our most 
humble duty and service to their honnors, for vs, and in our names, to exhibit 
our just remonstrance in way of answer to y° said falce and vnjust chardge of 
the said Gorton, &c., and by the same and other wriitings and instructions de- 
li uered vnto yow under the hand of Mr. Increase Nowell, our secretary, to in- 
f orme their honnors of y"' truth and reasons of our proceedings with y" said 
Gorton, &c., and with y" disposition and behaviour of y° said Gorton, etc., so 
as our innoceney and y° justice of our proceedings may appear to their honnors 
satisfaction, and if any other complaint ia anyiiind have binn or shall be made 
against vs before the said commissioners or the high Courte of Parliament, 
yow have heereby like power and comission to answer on our behalf according 
to your instructions ; and wee humbly crave of y° high Courte of Parliament 
and of y" honnorable comissioners, that they will vouchsafe our said comis- 
sioner a free liberty of seasonable accesse as occasion shall require, and a fa- 
vorable hearing with such creditt to such writings as he shall present in our 
names, vnder the hands of our said secretary, as if we had presented them in 
person, vpon y' faith and credit which wee would not willingly violate for all 
wordly advantage ; and y' our said commissioner may finde such speedy dis- 
patch, and may be vnder such safe protection in his stay and retourne as the 
honnorable Courte vseth to afford to their humble subjects and servants in like 
cases. In testimony hereof, we have cawsed our comon scale to be hereunto 
affixed. Dated this 4th November, [1646]. 



374 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. 3cl of March instant, directed to our honored president, 
^-^-v-^-^&c, the contents whereof are concerninge an Island with- 
in our Collony, called Hog Island. We shall not insist on 
the particulars of the letter, seeinge you refer us to further 
discourses with that honored gentleman Captaine Willett ; 
only this we assure you our confydence and knowledge of 
our indubitable right and commission to the propriety of, 
and for the jurisdiction of the aforesayd Island, together 
with all the rest of the Islands within this Bay, as alsoe 
such other lands as by our charter are expressed to be ours 
is such that, therefore we refer you for further informa- 
tion to that discourse with Capt. Willett by our President, 
not doubtinge but he is furnished with such things as will 
shew both Capt. Willett and you, that our resolutions are 
grounded on justice and reason, in both which we desire 
to remaine. 

Yours in allloveing respects subscribed, 

JOHN SANFORD, 
Clarke of y^ Assembly. 
Portsmouth, dated March 13, 1657-58, 
from the General Assembly of the 
Collony of Providence Plantations. 
To the much Honored Thomas Prince, Governor at Ply- 
mouth, in New England, for himselfe and the rest of 
our honored friends whom it may concerne in Plymouth 
jurisdiction, these present. 

Letter from the Commissioners of the United Colonies to 
Rhode Island, concerning the Quakers. 

The Commissioners being informed that divers Quakers 
are arrived this summer at Rode Island, and entertained 
there, which may prove dangerous to the Collonies, 
thought meet to manifest theire minds to the Governor 
there, as folio weth : 

Gent : 

We suppose you have understood that the last yeare 
a companie of Quakers arived at Boston vpon noe other 



AND PROVIDENCE PLANTATIONS. 375 

account than to disperse theire pernicious opinions bad 1658. 
they not been prevented by the prudent care of that Gov- "-"^^-^^^^^ 

'' i ^ i Letter from 

ernment, whoe by that experience they had of them, be- g^j^^^"^^'- 
ing sencable of the danger that might befale the Christian Skers! 
religion heer professed, by suffering such to bee received 
or continued in the country, presented the same unto the 
Commissioners att theire meetinge at Plymouth, whoe 
upon that occasion comended it to the Generall Courts of 
the United Collonies, that all Quakers, Ranters, and such 
notorious heretiques might bee prohibited coming among 
vs ; and that if such should arise from amongst ourselves, 
speedy care might bee taken to remove them (and as we 
are informed), the severall jurisdictions have made provi- 
sion accordingly ; but it is by experience found that 
meanes will fall short without further care by reason of 
your admission and receiveing of such from whence they 
may have opportunitie to creep in amongst us, or meanes 
to infuse and spread theire accursed tenates to the great 
trouble of the collonies, if not to the subversion of the 
[lawes] professed in them. Notwithstanding any care 
that hath been hitherto taken to prevent the same whereof 
wee cannot but bee very sensible, and thinke noe care too 
great to preserve us from such a pest, the contagion 
whereof (if received) within youer Collonie were danger- 
ous, &c., to be defused to the other by meanes of the in- 
tercourse especially to the place of trade amongst us. 
Wee therefore make it our request that you, as well as the 
rest of the Collonies, take such order herein that youre 
naighbours may be freed from that danger ; that you re- 
move those Quakers that have been receaved, and for the 
future prohibite theire cominge amongst you ; whereunto 
the rule of charitie to yourselves and vs (wee conceave), doth 
oblidge you wherein if you should, wee hope you will not 
be wantinge ; yett wee could not but signifie this oure de- 
sire ; and further declare that wee apprehend that it will 
bee our duty seriously to consider what further provision 
God may call us to make to prevent the aforesaid mis- 



376 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. chiefe ; and for our farther guidance and direction herein, 
'^-*'"^''"^^ wee desire you to imparte youer mind and resolution to 
the Generall Court of the Massachusetts, which assembleth 
the 14th October next ; wee have not further to trouble 
you att present, but to assure you wee desire to continew 
your loveinge frinds and naighbours, the comissioners of 
the United Collonie.* 

Boston, September 12, 1657. 

SIMON BRADSTREET, President. 
Daniel Denison, 
Thomas Prence, 
' John Mason, 

John Taylcott, 
Theophilus Eaton, 
William Leete. 

Letter from the government of the Colony of Rhode Island, 
in reply to the letter from the Commissioners of the Unit- 
ed Colonies, concerning the Quakers. 

Much Honored Gentlemen : 

Please you to understand, that there hath come to 
our view a letter subscrcibed by the honour' d gentlemen 
commissioners of the United Coloneys, the contents 
whereof are a request concerning certayne people called 
Quakers, come among us lately, &c. 

Our desires are, in all things possible, to pursue after 
and keepe fayre and loveing correspondence and enter- 
course with all the collonys, and with all our countrey- 
men in New England ; and to that purpose we have en- 
deavoured (and shall still endeavour), to answer the 
desires and requests from all parts of the countrey, 
coming unto us, in all just and equall returnes, to which 
end the coloney have made seasonable provision to 
preserve a just and equal entercourse between the colo- 



Letter from 
Rhode Is- 
land in re- 
ply to the 
Gommis- 



Hazarrl's Rtnte Tz^'i-z-, — ^ '■''.. n. 370. 



AND PROVIDENCE PLANTATIONS. 377 

neys and us, by giving justice to any that demand it 1658, 
among us, and by returneing such as make escapes from ^-*'^'-"«^" 
you, or from the other colonys, being such as fly from 
the hands of justice, for matters of crime done or commit- 
ted amongst you, &c. And as concerning these quakers 
(so called), which are now among us, we have no law 
among us, whereby to punish any for only declaring by 
words, &c., theire mindes and understandings concerning 
the things and ways of God, as to salvation and an eter- 
nal condition. And we, moreover, finde, that in those 
places where these people aforesaid, in this coloney, are 
most of all suffered to declare themselves freely, and are 
only opposed by arguments in discourse, there they least 
of all desire to come, and we are informed that they be- 
gin to loath this place, for that they are not opposed by 
the civill authority, but with all patience and meeknes are 
suffered to say over their pretended revelations and admo- 
nitions, nor are they like or able to gain many here to 
their way ; surely we find that they delight to be perse- 
cuted by civill powers, and when they are soe, they are 
like to gain more adherents by the conseyte of their pa- 
tient sufferings, than by consent to their pernicious say- 
ings. And yet we conceive, that theire doctrines tend to 
very absolute cutting downe and overturninge relations 
and civill government among men, if generally received. 
But as to the dammage that may in likelyhood accrue to 
the neighbour colloneys by theire being here entertained, 
we conceive it will not prove so dangerous (as else it 
might), in regard of the course taken by you to send them 
away out of the countrey, as they come among you. But, 
however, at present, we judge it requisitt (and do intend) 
to commend the consideration of their extravagant outgo- 
inges unto the Generall Assembly of our colloney in March 
next, where we hope there will be such order taken, as 
may, in all honest and contientious manner, prevent the 
bad effects of theire doctrines and endeavours ; and soe, 
in all courtious and loveing respects, and with desire of 



378 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1658. all lionest and fayre commerce with you, and the rest of 
'^'*'"^'"*^ our honoured and beloved countreymen, we rest,* 
Yours, in all loving respects to serve you, 

BENEDICT ARNOLD, President. 
William Baulston, 
Randall Ho widen, 
Arthur Fenner, 
William Feild. 
From Providence, at the Court of Trialls, 
held for that Colony, Oct. 13th, 1657. 
To the much honoured, the General Court, sitting at Bos- 
ton, for the collony of Massachusetts. 

Letter from the General As semhly of the C ol on ij of Provi- 
dence Plantations to the Massachusetts, in reply to the 
letter of the Commissioners concerning the Quakers. 

Honored Gentlemen : 
Letter from Therc liatli becue presented to oure view by our 

Assembly^ Honorcd president, a letter bearing date September 25th 
^^«°^e ^Pian- last, subscribed by the Honoured gentlemen Commission- 
Mas^sachu- ^^^ ^£ ^|^g Uuitcd Collouys concerninge a company of peo- 
ple (lately arrived in these parts of the world), commonly 
knowne by the name of Quakers, whoe are generally con- 
ceived pernicious, either intentionally, or at least wise in 
efect, even to the corruptinge of good manners and dis- 
turbinge the common peace and sosieties of the places 
where they arise or resort unto, &c. 

Now, whereas, freedom of different consciences, to be 
protected from inforcements was the principle ground of 
our Charter, both with respect to our humble sute for it, 



* Hutcliiusou's Massachusetts Bay, Appeiidix No>, xi ; also Hazard's State 
Papers, vol. ii., p. 552. Neither this, or the letter of the Commissioners to 
which it is in reply, are among the Ehode Island Records. The reply of the 
General Assembly, which follows, evidently refers to the same letter, although 
the date spoken of is the 12th September, instead of the 25th. 



AND PROVIDENCE PLANTATIONS. 379 

as also to the true intent of the Honourable and renowned 1658. 
parleiment of England in grauntinge of the same unto us ; ^-*'-^'-^^ 
which freedom we still prize as the greatest hapines that 
men can posess in this world. 

Therefore, we shall for the preservation of our civill 
peace and order, the more seriously take notice that those 
people and any other that are here, or shall come amongst 
us, be impartially required, and to our utmost constrayned 
to perform all duties requisitt towards the maintaineinge 
the right of his Highness and the government of that most 
renowned Parliament of England in this collony, which is 
most happily included under the same dominion and gra- 
ciously taken into protection thereof: And in case they 
the sayd Quakers which are here, or who shall arise or 
come among us, doe refuse to subject themselves to all 
duties aforesayed, as trayninge, watchinge, and such other 
ingadgements, as other members of civill societies, for the 
preservation of the same in justice and peace ; then we 
determine, yea, and we resolve (however) to take and 
make use of the first opurtunity to inform our agent resid- 
inge in England, that we may humbly present the matter 
(as touchinge the considerations premised, concerninge the 
aforenamed people called Quakers)* unto the supreame 
authority of England, humbly craveing their advice and 
order, how to carry ourselves in any further respect tow- 
ards these people soe, that therewithal! theire may be noe 
damadge, or infringement of that chiefe principle in our 
charter concerninge freedom of consciences, and we alsoe 
are soe much the more incouradged to make our addresses 



* While the Commissiouers of the United Colonies were endeavoring to 
drive the Quakers from Ehode Island, Plymouth was sending them here, as 
appears from the following from the Plymouth Kecords. " Att this Court 
Humphrey Norton, one of those commonly called Quakers be summoned, ap- 
peered and was examined and found guilty of divers horrid errors, and was 
sentenced speedily to depart the government, and was forthwith expelled the 
government by the under marshall, whoe was required to accompany him as 
farr as Assouett, towards Road Island." 

25 



380 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. unto the Lord Protector, his highness and government 
'^■^'^^"^-^ aforesayd ; for that we understand there are, or have 
beine many of the foresayed people suffered to live in 
England ; yea even in the heart of the nation. And thus 
with our truly thankfuU acknowledments of the honoura- 
ble care of the honored gentlemen commissioners of the 
United Collonies, for the peace and welfare of the whole 
country, as is expressed in their most friendly letter, we 
shall at present take leave and rest. 

Yours, most affectionately de- 
sirous of your honors and 
welfaire. 

JOHN SANFORD, 
Clerk of the Assembly, 
Portsmouth, March 13th, 1657-8. 

From the General Assembly of the CoUony 
of Providence Plantations. 
To the much Honored John Endicott, 
Governor of the Massachusetts, to 
be alsoe imparted to the Honorable 
Commissioners of the United Collo- 
nies at their next meeting. These 



11. In regard of the present occasions of discourse that 
the President is to have with some who have made a kinde 
of claim to part of this jurisdiction. 

It is ordered, that the Grand Charter of the CoUony in 
Mr. Roger Williams his hands, be delivered to the Presi- 
dent by a safe hand with all possible speede and convey- 
ance ; yet soe that if Mr. Williams desire to have it 
againe in possession, he shall upon demand receive it, 
about or at the Court of Election, in May next, he giv- 
inge under his hand of the receit thereof, untill the collony 
takes further order concerninge it ; as alsoe the Councill 
of States letter in Mr. Nicholas Easton's hands is to be 
dehvered to the President for the aforesayd occasion, 



AND PROVIDENCE PLANTATIONS. 381 

and upon the same conditions, to be returned if Mr. Eas- 1658. 
ton desire it, till the court take further order. And the ^-'•-v-^' 
coppy of this order shall be their warrant under the hand 
of the Clarke of the Assembly ; as also a sufficient reason 
and way together with the President's demand under his 
hand to demaund and receive, as alsoe in case as aforesayd 
to returne the sayd charter and letter. 

12. It is ordered, that for the present yeare, the elec- Election of 

' . . . Military Of- 

tions that have beene lately made of military officers in^°^«^^^*' 
any Towne of the Collony, or may be made on the accus- 
tomed day used by any towne that have not yet made 
choyce for this yeare, shall stand and be authenticke in that 
behalfe untill the first Tuesday after the twelfth day of the 
next month of March that ensues after this present March ; 
and then and from thence forward, all the townes to make '^''^^ °f 

' choyce. 

the sayd choyce accordinge to time and manner expressed 
in the orders of the court made in 1647, which are re- 
vised as aforesayd. 

13. As an addition to the former law concerninge the Excise of 
excise of liquors; we order and declare, that noe person^'''''*'"' 
or persons, that shall hereafter come from any other parts 

out of this Collony, either inhabitant or stranger, which 
doth bringe either liquors or wine into any towne or parts 
of this Collony. That noe such person shall presume to 
deliver or bringe any such liquors or wine out of that ves- 
sell in which they bringe any liquors or wine into this 
colony, untill they have payed after the rate of five shil- 
lings for every anker of liquors, and after the rate of five 
shillings for every quarter caske of wine unto the towne 
treasury ; or untill he have agreed with the Towne 
Treasurer for the payment thereof ; or at least doe give 
information to the searchers, of the true quantity of what 
he hath brought. And if any shall presume to act con- 
trary to this order, by landinge liquors or wine without 
doeinge as is before premised, that person or persons who- 
soever he or they be, shall forfitt and lose all such liquors 
and wine, or the value of it, which shall be taken by clis- 



382 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. traint by a warrant under the President, or any Generall 
^-''^N^'*-' Assistants hand, by any person which the officer shall 

apoynt for that service. 
vesseiis to ^^^ further, we order, that each Towne in this Collony 
be searched. ^^I^^^l apoyut two mcu lu cach Towne, who are hereby au- 
thorized to goe a board of all vessells that shall come 
unto any towne in this collony, or any parts within the 
jurisdiction of this collony, and make dilligent search for, 
and take a true accompt of, all such liquors and wine 
which is in any such vessell ; and for their care and paines 
herein, they shall have six pence per man out of the ex- 
cise for every ancker of liquors ; and six pence per man 
for every quarter caske of wine which is excised. Further, 
these persons soe apoynted by each towne, or either of 
them, if they finde any liquors or wine landinge or landed 
without the performance of the abovesayd injunction, they 
are hereby authorized to seize and take away all such 
liquors or wine, and shall have the one halfe for their in- 
J'jized ^° ^"^ courradgment, and the other halfe shall go to the town 
treasury ; further, if these persons or any other shall give 
true information of any liquors or wine which shall be in 
any man's house, brought in without the performance of 
the abovesayd injunction, they shall have one fowerth part 
thereof, and the other fowerth part shall goe to the officer 
that takes it. And one halfe shall be returned to the 
towne treasury, which shall be taken as aforesayd. And 
if those persons soe apoynted by each towne shall prove 
false in not givinge certaine information accordinge to 
their knowledge of all liquors and wine which shall be 
landed, then they shall pay after the rate of five shillings 
for every ancker of liquors, and after the rate of five shil- 
lings for every quarter caske of wine soe landed, which 
shall be taken by distraint as afore premised, and shall 
returne to the towne treasury. 

14. It is ordered by this present Assemblie and au- 
thoritie thereof, that neither the Generall Recorder, nor 
any otker person within this collony, who have in his or 



Penalty, if 
the search- 
era prove 



Coppie of 
the charter 
not to be 
given forth 



AND PROVIDENCE PLANTATIONS. 383 

their custody either the originalls (or copies thereof), be- 1658. 
inge either the Grand Charter of the coUony from the '~-*^~-^*^ 
State of England, the Councill of State's letter brought 
from England by Mr. WilUam Dyre, or the Lord Protector 
of the Commonwealth of England, &c., his late letter and 
order to the collony ; noe such person or persons shall, 
upon the penaltie of one hundred pownds starllinge, be 
soe hardy from henceforth as to give forth any coppy or 
coppies of the premises whatsoever, without speciall order 
from a court of commissioners. And in case of default 
herein, the person ofTendinge shall be prosecuted against 
by the same waye as is by law in the Collony apoynted 
for tryinge offenders and breakers of the lawes, and that 
to be prosecuted by the Generall atturney : And the 
Clarke of this Assembly is ordered to send a coppy of this 
order unto Mr. Roger Williams. 

15. Ordered, that a petition sent from Mr. Roger Petition 

'- '^ from Roger 

Williams shall be read : And whereas there was a deed of ^^'i"'a°is- 
gift presented with the petition, the sayd deed shall be 
againe returned, and a copy thereof remaine on file. 

16. Upon Mr. Roger Williams's petition which hathcon<=^™- 
been read in this Assembly ; and also upon the sight of ^siand'nope 
his deed of gift from Miantonomi, late chief sachem of 
Narragansett, for the Island called Hope, which deed is 
recorded by order, as aforesayd ; and upon evidence pre- 
sented thereto, which doth make it undoubtedly a cer- 

taine and lawfull deed in the Judgment of the court ; 
the Court doe declare their sense in the premises, that 
Mr. Williams by the authority of this Court doe make re- 
payre to the chiefe sachems, successors to Miantonomi, 
and as from the court, desire them to remove their Indians 
off the sayd Island, and to leave free possession of it to 
Mr. WiUiams, and his assigns ; or else they will be pros- 
ecuted against legally for wronge detainure by Mr. Wil- 
liams or his assigns ; and that by the authority of the 
lawes in this Collony. 



384 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. 17. It is ordered, that in all cases wherein any per- 
'-^^^'^^^ ticular person is the prossicutor, he or they shall pay the 

pay the jury. jury. 

Returnoof ^g. It is ordorod, that the Generall Seriant shall re- 
fines and ' J 

distraynts. ^^J.^^(3 ^H finos or distrainte into the Treasury, and shall 
not without order from the Treasury under the Treasurer's 
hand, keepe any such fines as aforesayd, upon the penalty 
of five pound. 

Audit Com- 19. It is ordered, that John Easton, of Newport, and 

mittee. ' , ' ^. 

John Greene, Jun'r, shall audit the Generall Serjants ac- 
compts that are not already audited, in May next, at 
Warwicke, and bringe the accompt to that Court. 
Rate levied. 20. It is Ordered, that a rate of five pounds five shil- 
lings shall be made in each towne, which shall be gath- 
ered betweene this and the next Generall Court of EIoct 
tion, held at Warwicke, and there delivered at that 
Court to the Generall Sarjant, it being for soe much due 
to him. 

21. Vpon a petition of Thomas Winterton. It is or- 

Thomas 

winterton's dercd, that his fine at the last Generall Court of Tryalls, 
held in October last, at Providence, is remitted, he pay- 
ing three shillings, four pence. 
jjg^^y 22. Whereas, Henry Hobson doth stand upon record 

^°^'°°- in the court of tryalls, held at Newport, in March last, 
1656, as guilty of suspicion of fellony, which matter was 
not then fully issued ; he havinge petitioned to this court 
to take some course about it ; the court have ordered, 
that the sayd Hobson is acquitted, he paying officers 
fees. 
Captain 23. Whorcas, Captaine Thomas Cooke was fined tenn 

cook^?' shillings at the last Generall Court of TryaUs, held in Oc- 
tober last, at Providence, it is ordered, that his fine is re- 
mitted. 
Mr. Cod- 24. It is ordered, that y® bill of John Sanford's touch- 

■dington's *' 

||^f°f/°^°inge his petition to the court for beinge indicted at the 
Court of Tryalls, by William Coddington, was to be read. 



^^ ^v>^^j_j ^^^v^ J John San- 
ford's trial. 



AND PROVIDENCE PLANTATIONS. 835 

25. Ordered, that the Sarjent was sent to Mr. William 1658. 
Coddington to come into the Court to plead against the '-^'^-^^'^ 
Generall Recorder, John Sanford. 

26. John Smith, of Warwicke, was chosen Clarke of John smith, 

' ' Clarke. 

this Assembly in the tryall of the present case dependinge 
by Mr. William Coddington against John Sanford, 

27. John Sanford called, and his charge being read 
pleads not guilty ; and puts himself on the tryall of the 
Court. 

28. Mr. William Coddington called, to prosecute his 
charge against John Sanford. 

29. Ordered, that Mr. Coddington beinge called, and 
denyinge to prossicute, that his denyall shall stand upon 
record, and his aligation also ; which is that he is not 
ready to prossicute because his writings he hath sent 
home. 

30. It is ordered, that beins: there is none apeareth to sanford 

° ^ cleared. 

prossicute against the Generall Recorder, John Sanford, 
as concerninge two bills presented by Mr. William Cod- 
dington against him, and fownd by the grand jury, the 
Court doe declare that the Recorder is cleared by procla- 
mation in the premises, payinge fees. 

Ordered, that the Clarke of this Assembly shall have 
twenty shillings from each towne for coppies of this court 
orders. 



386 KECORDS OF THE COLONY OF RHODE ISLAND, 

1658. 



Att the Gemrall Court of Election held at Warwicke, May 
the IWi, 1658. 

Mr. Benedict Arnold, Moderator, 

Mr. Benedict Arnold, chosen President. 

Mr. William Feild, chosen Assistant for Providence ; 
Mr. Roger Williams next. 

Mr. William Baulston, Assistant for Portsmouth. 

Mr. Joseph Clarke, Assistant for Newport ; Mr. Wil- 
liam Jeffries, next. 

Mr. Randall Houlden, Assistant for Warwicke ; Mr. 
John Smyth, next. 

John Sanford, chosen Generall Recorder ; Mr. John 
Greene, Junior, next. 

Richard Knight, Generall Sarjant ; James Rogers, 
next. 

John Sanford, chosen Generall Treasurer ; John Greene, 
next. 

Mr. John Greene, jun'r, Generall Atturney ; Captain 
John Cranston, next. 

James Rogers, Generall Solicitor ; Mr. Richard Bul- 
ger, next. 

Richard Knight, Water bayly ; Gen'l James Sweett, 
next. 



AND PROVIDENCE PLANTATIONS. 




Att the Gemrall Court of Commissioners, held for the 
Colloiiy at Warivicke, the ISth of May, 1658. 

Mr. Benedict Arnold, chosen moderator. 
John Sanford, chosen Cbirke of this Assembly. 

1. William White, Benjamin Herndell, John Smyth, mitteTfrom 
Lawr Wilkinson, Hen: Neale, Tho: Arnold, Robert Pyke, 
Maturin Ballue, William Fenner, Edward Smyth, Edward 
Enman, Stephen Northup, John Brown, Robert Cole way, 

Vail. Whitman, Pardon Tillinghast, John Smyth, Miller, 
George Way, Shadrach Manton, Epenitus Olney, Henry 
Browne, Hen: Fowler, Thomas Harris, jun'r, Tho's Suck- 
linge, John Fenner, George Shepard, Zachery Rhodes, 
and Stephen Arnold, all of Providence, are admitted free- 
men of this CoUony. 

2. Ordered, that Samuel Sanford, Stephen Wilcocke, m^tt«i^from 
Christopher Almy, Richard Pearce, William Earle, Wil- 
liam Foster, William Corry, John Almy, Thomas Wood, 

and Thomas Kent, being freemen of the Towne of Ports- 
month, are admitted freemen of this Collonv- 

•^ Concerningc 

3. Whereas, there is remaininge in the hands of Mr. p'j.^t'^of''' 
Nicholas Easton, of Newport, a considerable some of"""^^^" 
money, or estate, which was committed to him by order 

of Court in the yeere 1652 (or '53), which estate is duly 
appertaininge to the use of his highness, the Lord Protec- 
tor of the Commonwealth of England ; and the CoUony is 
to be countable therefore, when his highness shall please 
to call for an account of those passiges, viz. Concerninge 
the State's parte of prizes taken in the time of the differ- 
ence in this Collony with the Dutch ; and further, 
whereas, by an order of Court made in the yeare 1656 (or 
'57), parte of the sayd estate, hath beine demanded by 



388 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. Christopher Almy of Mr. Easton. And he having denyed 
^-^^^^^^^ to deliver the same on or by virtue of the sayd order, or 
on any security or discharge that the court can give, as 
by evidence in this present Assembly given, it doth 
playnly apeare ; Therefore, to prevent embezlinge or 
looseing the sayd estate, by any sinister act or accident 
whereby the collony may suffer damadge in case of beinge 
called to account aboute the premises ; It is ordered, by 
the authority of this Assembly, that John Sanford, Gen- 
eral Treasurer for the collony, doe without delay demaund 
the accompts of William Lytherland, that concerne the 
premises ; and doe with the helpe of Mr. John Greene, 
of Warwicke, jun'r, Generall Attorney of the sayd Wil- 
liam Lytherland, peruse the accompts and orders made 
aboute the same ; and haveinge fownd what the sum is 
that remaines in the sayd Eston's hands ; that then by 
virtue of this order, the General Treasurer is required 
and fully empowered to demaund the sayd estate of the 
sayd Mr. Nicholas Easton, &c., and to receive the same 
for the Collony, to dispose of by order of a Court of Com- 
missioners for the collony's security ; as alsoe the Treasu- 
rer is authorized upon the receipt of the same, to give a 
discharge in the Collony's name and behalfe to the sayd 
Mr. Easton ; which discharge shall be authentique, to se- 
cure the sayd Mr. Easton from any further demaunds in 
that perticular. And in case Mr. Easton deny to make 
and give an accompt, and to deliver the sayd estate unto 
the Generall Treasurer upon all demaund ; then the 
Treasurer is ordered thereupon to give notice to the Gen- 
erall Atturney, who is required upon such notice without 
delay to arrest the sayd Mr. Easton for the same, and to 
sue and impleade him legally for the same ; and soe to 
doe and act therein accordinge as he shall see grounds le- 
gally to proceede by virtue of this order, or by direction 
of any other, or speciall orders that concerne the premises. 
And upon recovery of the premises or any parte or parts 
thereof, the Generall Atturney is to cause the same to be 



AND PROVIDENCE PLANTATIONS. 389 

delivered immediately into the hands of the Gencmll 1658. 
Treasurer. v-^-v—*^ 

Money to be 



4. And further, upon the Generall Treasurer's receipt 



paid to 



without com ■ 
mission, 
shall malce 



of the premises, the Court doe hereby order the Treasu- Atoy!"^'*"" 
rer to deliver twenty-eight pound, five shillings thereof 
unto Christopher Almy, of Portsmouth, or to his order, 
upon demaund, and take receipt thereof in the name and 
behalfe of the Collony, with the proviso in the receipt, 
that in case his Highnes, the Lord Protector, shall not' 
approve of the returninge or payinge the sayd Christo- 
pher, but shall please to disallow the same, then the sayd 
Christopher shall be responsible and lyable to returne the 
same againe to the Collony upon demaund in such a case, 
to doe which, he shall engadge himselfe his heyres. 

5. Vpon a serious information from severall considera- ^f'^such'^who 
ble members of this Collony, of the inordinate desires and 
mischievous consults and endeavors of ill-disposed persons, pi-TzeroT 

^ ^ Dutch ves- 

pretentinge to make prize of such Dutchmen as come to trade ^'^'^ or goods 
with the English'in this Collony ; and the Court taking in se- 
rious consideration the bad effects that may ensue if such un- 
commissionated and idle worthless persons should putt such 
thinges in practice in this Collony, whereby the Collony 
may be indamnifyed in case of beinge called to account 
for sufferinge snch irregular proceedings : It is therefore, 
by the authority of this Assembly enacted, that noe per- 
son or persons whatsoever, shall, within the precinkes of 
this Collony, from henceforth, be soe hardy, as to attempt 
or putt in practice, any such designe of seizinge any, 
either Dutch goods or vessells, that shall arrive, or be 
brought into this collony, to be sould to the English here ; 
without the sayd person or persons have an express and es- 
peciall commission from the State of England, or have or- 
der from the law-makinge Assembly of this Collonie soe 
to doe. And in case of actinge contrary to this order, 
that person or persons so actinge, shall be imprisoned, and 
kept and tryed as for fellony untill he hath made or given 
sufficient security to make double restitution, for all such 



Orders 
about : 
Island, 



390 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. goods or vessells soe taken, and any charges and damages 
"-"'"•^'■"'^ that may ensue to snch owners by the meere attempt of 
such takinge, by any such vncommissionated person or 
persons whatsoever ; as alsoe each offender herein, shall 
pay a fine of tenn pound to the collony, or shall be pun- 
ishened corporally as for fellony. 

8. Forasmuch as there hath of late falne out a seem- 
inge, and an unexpected difference betweene our loveinge 
'and peaceable neighbours of New Plymouth and this Col- 
lony of Providence Plantations, concerning a small Island 
lyinge in the Narragansett Bay, knowne by the name of 
Hog Island ; the matter of difference lately beinge re- 
ferred to Mr. Thomas Willett of Plymouth, and Mr. Bene- 
dict Arnold, to be discust ; and they seekinge some peace- 
able and neighbourly way to finde out the mistake, and 
soe cleare the matter, concluded upon the choyce of fewer 
judicious men to be chosen on each side, to end the con- 
troversy by searchinge out the truth of the matter, how 
the case stands in • poynt of the difference: Whereupon, 
Captain Willett despatched letters to the Governor of 
Plymouth, to signify the conclusion of himselfe and Mr. 
Arnold, for the order and manner of further recapitulation 
and determination of the premises. This Collony accord- 

Commis- , , 

pointed ?o" ^"S'^y ^^^'^ ^y ^^^^ joy^^ consent of a Court of Commission- 
ad^ustmat- gj^.g selected fewer men for the purpose abovesayd, namely, 
]\Ir. Benedict Arnold, and Mr. William Baulston, of Rhode 
Island, to be our trusty and well- 
beloved friends ; and have alsoe authorized, impowered, 
and given full commission unto them to consult, debate, 
determine, resolve, conclude upon and ishue the difference 
above mentioned, or any other that may necessarily arise 
by meanes of the handlinge and discussinge of that mat- 
ter ; and that in manner and form as is expressed in their 
private instructions. 
Instructions 9. It Is ordcrcd, that this afore written is to be re- 

to be re- ...,-,. 

corded. corded, as alsoe that certame instructions dependmge 
hereupon, and delivered into the hands of the President 



AND PROVIDENCE PLANTATIONS. 391 

for the use of the commissioners above named in refer- 1658. 
ence to the premises. ^-^-v--*-' 

10. Ordered, that the private instructions delivered to 
the President, for the use of the Commissioners that are 
by the Court elected and authorized to treat with Ply- 
mouth commissioners, shall be subscribed by the clarke of 
this Assembly. 

11. Vpon a bill presented by some inhabitants of 
Warwicke to this Court for advice concerninge address for 
severall abuses offered and done to the people of War- 
wicke by Pumham, who dwells on the Mishowomett neck, 
both in killing cattle, and forceable entry upon their 
lands, the Court result is ; that such as see cause, may 
lawfully arrest Pumham or any other Indians upon War- 
wicke lands ; either on Showomett neck, or any other 
parts ; or on any other parts of land that is in the English 
possession, or that is in their right by purchase from the 
Indians within the confynes of this coilony ; and may take 
and have the same process of law in the coilony against 
such Indians so arrested, as is used against any other 
persons, either English or others in this coilony. 

12. Whereas, it appeareth to this Assembly that n^ot- j||[:^°^^'''^° 
withstandinge all the care that hath been taken to have a 
prisson or prissons in the coilony, for the safe keepinge of of- 
ofTenders, or such as may be on severall cases arrested, and 
cannot, or otherwise will not give security, for appearance 

to tryall, &c.; yet soe it is that noe prisson is yet in such ca- 
passity within the coUonies as to answer the sayd occasion. 
And further, the court fyndinge by experience, how diffi- 
cult it will be to procure two prissons accordinge to former 
order, as alsoe two cages, &c.; and alsoe the great u^Hier- 
tainty and difficulty as will from time to time arise m the 
useing such prissons and cages for want of sufficient keep- 
ers. And furthermore, taking into consideration the 
direct and absolute way and course that the towne of 
Newport have lately taken for the present furnishinge the 



392 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. prisson in their towne, which prisson is already in a good 
^-^v^*-' forwardness. Upon the consideration of the aforesayd, 
the Court do therefore order and declare that the sayd 
prisson house at Newport, accordingly finished as the sayd 
Towne have lately agreed to doe by a late towne order 
shall be ; and shall be accounted to be the prisson for the 
occasions that may arise in any parts of the coUony to 
make use of the same. And in order thereto, and in con- 
sideration thereof, the Court do order, that the other three 
townes shall pay towards the buildinge the sayd prisson as 
followeth, namely : The towne of Portsmouth shall pay 
tenn pounds, besides what they have already paid, and it 
to be paid at or before the last day of October next ; and 
Providence Towne, together with those at Pawtuxett, to 
Providence belonginge, shall pay thirty pounds, and shall 
alsoe pay it at or before the aforesayd last day of October 
next ; and Warwicke Towne shall pay twenty pounds, 
and shall pay it at Newport court in June next. All 
which payments are to be duely and truely made unto 
such persons of the towne of Newport, as shall, by vertue 
??™fof of that towne's order, be apoynted to receive the monies 
of that towne's rate, to the use of the prison aforesayd ; 
and it to be paid in peage, or corn, or cattell, at price 
current accordinge to the accompte of white peage at six 
per penny. And further, the Court doe hereupon de- 
clare, that Warwicke towne are freed from buildinge a 
prisson in theire towne ; as alsoe Providence and Ports- 
mouth are freed from building a cage in each towne, any 
former law to that purpose made notwitstandinge ; as also 
with this proviso ; that the Generall Sarjant shall, from 
time to time, take care that the prison be not voyd of a 
sufficient keeper ; as also that the town of Newport doe 
advise and assist him therein ; and that also the sayd 
towne doe take care and be at the cost of keepinge the 
sayd prisson in such repayre from time to time, as may be 
suteable for the use premised ; and that also, it may be 



prison 



AND PROVIDENCE PLANTATIONS. 393 

made capable for the occasion before the last of October 1658. 
next. v.-*-v-^-/ 

13. Whereas, certaine persons have moved the Court ^^^J^f^^^^ 
to give their judgments and resolution, what way a Com- .^loneT'o r?- 
missioner of the law-making Assembly may take to re- J'^^^^^^^g 
cover his payment of the Towne for which he served at 

such courts in case it be not tendered. 

The Court's order is, that every person that have done 
service, is to demaund the pay of the treasurer of the 
town for which he served. And in case the treasurer 
pay it not, the grieved party may sue the sayd treasurer 
at the law and recover his pay and charges of him in such 
case. And also, if any such person that for not servinge 
in like case doe^ refuse to pay the Towne Treasurer the 
fine of six shillings a day for non-performinge the service 
of a Commissioner, beinge by the towne chosen ; then the 
Towne Treasurer may sue the party at the law, and re- 
cover the fine and the charges, in the name and behalfe, 
and for the towne's use where it is due : Provided, the 
Court of Commissioners doe finde such defective persons 
justly fyneable, and make record thereof. And this is de- 
clared to be the meaninge of the law made concerninge 
payinge or fyneinge of Commissioners since the union in 
the CoUony, [by] which union is understood, that made at 
Warwicke in the yeare 1654. 

14. It is ordered, that the commission concerninge the ^°^^'^f ^'^ 
officeof Water Bayliff General!, which hath formerly beene ^^^■'^• 
given to Richard Knight, who is now also chosen to the 

same ofiice, that the foresayd commission shall be in force 
and vertue to that effect untill further order be taken. 

15. Ordered, that Mr. Arthur Fenner, Mr. Henry commis- 

1 -yr rr 1 t^ -, ■, ' , Eioners fined 

Browne and Mr. Zachary Koades, being chosen commis- 
sioners by the towne of Providence ; and Mr. Richard 
Tew and Mr. John Easton boath chosen commissioners 
by the towne of Newport ; they not appearinge, are 
judged by the Court fyned for fewer dayes absence. 

16. Mr. John Porter and Mr. John Roome, chosen 



394 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1658. commissioners for Portsmouth, they beinge by ihies not 
-'"^'"*^ able to atencl that service, their fines are remitted. 

17. It is ordered, that the bill of charges by the Sar- 
jant at this Court, shall be signed by the Moderator of 
this Asseml^ly. 

18. Ordered, that the Generall Recorder shall have 
tenn shillings for the acts of this Court from each 
Towne. 



The General Court of Commissioners held for the CoUony, 
at Warwicke, November the 2d, 1658. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. Roger Williams, 
Mr. AVilliam Feild, 
Mr. Thomas Olney, 
Mr. Richard Waterman, 
Mr. Roger Morry, 
Mr. James Ashton. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. Benedict Arnold, 
Mr. William Baulston. 
Mr. John Tripp, 
Mr. Henry Pearcy, 
Mr. John Almy, 
John Sanford. 



COMJnSSIONERS FOR 
NEWPORT. 

Mr. Caleb Carr, 
Mr. Obadiah Holmes, 
Mr. Joseph Torrey, 
Mr. John Easton, 
Mr. John Crandall, 
Mr. Robert Grifiin. 



COMMISSIONERS FOR 
AVARWICK. 

Capt. Randall Houlden, 
Mr. Samuel Gorton, 
Mr. Ezekiell Holyman, 
Mr. John Smyth, 
Mr. John Weeks, 
Mr. John Greene, jun'r. 



Mr. Benedict Arnold, chosen Moderator. 
John Sanford, chosen Clarke of this Assembly. 



AND PROVIDENCE PLANTATIONS. 395 

Ordered, that Mr. John Crandall, chosen a Commis- 1658. 
sioner by the Towne of Newport, beinoje absent when the ^-^^v-^-' 

•' i. u John 

Court began, and Lott Strainge putt on in his roome, thecrandaii. 
sayd Crandall now apearinge, is admitted a commissioner 
of the Court, and Lott Strainge is excused. 

Whereas, the Generall Court of Try alls to begin on the^en^^^^'l 
second Tuesday in October last, was, by extremety of'^'"^''"'' 
wether frustrate of meetings on that day, and soe could 
not then sitt and be in capassity of dispatchinge matters 
there dependinge, as to begin on that day ; as also after- 
wards the Court meetinge and sittings, beinge yett forced 
to adjourne till the first Wednesday of this present No- 
vember, because many persons were absent by necessity 
and force of wether, who were bownd to the sayd Court : 
This Assembly doe declare that all matters dependinge in 
and to the aforesayd Court, shall be as efectually tryed 
by the Court adjourned to sitt on the first Wednesday of 
November aforesayd, as if they had beine tryed begin- 
ninge on the second Tuesday of October, aforesayd ; 
and all bonds are to stand feirme in refference to such 
tryalls. 

It is ordered, that the sum of twenty fower pounds, af- a rate of 

twenty fower 

ter the rate of peage eight per penny, shall be raised inj^X^V-" 
the CoUony, viz.: six pound in each towne, to make res- powder^and^ 
titution for the powder and shott sent from England by * °**' 
Mr. John Clarke ; forasmuch as the returne made by Mr. 
Williams is conceived to be cast away and lost : And that 
the townes shall raize the sayd sum betweene this and the 
next court of election, to be held in May next ; and each 
towne shall deliver the sayd sum, unto the Treasurer of 
each towne, and the Treasurer shall either bringe or send 
the sayd money unto the aforesayd court of election. 

Mr. Thomas Olney, Mr. Samuel Gorton, Mr. John 

Tripp, and Mr. John Crandall, are chosen and authorized 

to draw up a letter to be sent to Mr. John Clarke in 

England, to be presented to his Highness and Councell, 

26 



396 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. which letter shall be signed by the Clarke of this 
^'^--'^^^ Assembly. 

A copy whereof, is this, viz.: 

Worthy sir, and trusty friend, !Mr. Clarke : 
Aietter^o ^Yee havc found not only your ability and dilli- 

Engfa^ji! gence, but also your love and care to be such concerninge 
the welfare and prosperity of this Collony, since you have 
beine intrusted with the more publique afaires thereof, 
surpassinge ; that noe small benefit, which formerly wee 
had of your presence here at home, that we in all straites 
and incumberances are imbouldened to repayre to you, for 
your further and continewed councell, care and helpe, 
findinge that your sollid and Christian demeanure hath 
gotten noe small interest in the hartes of our superiours, 
those worthy and noble Senators with whome you have 
had to doe on our behalfe, as it hath constantly apeared in 
your adresses made unto them, which we have by, good 
and comfortable proofe found haveinge plentiful! exsperi- 
ance thereof. 

The last yeare we had laden you with much imploy- 
ment which wee were then put upon, by reason of some 
two refrictory amonge ourselves, wherein wee apealed unto 
you for your advice for the more publique manifestation 
of it, with respect to our superiours ; but our intelligance 
it seemes fell shorte in that great loss of the ship, which is 
conceived here to be cast away. Wee have now a new 
occasion given by an old spirit with respect to the Collo- 
nys about us, which seeme to be ofended with us, be- 
cause of a sort of people called by the name of Quakers, 
who are come amongst us, and have raised up divers who 
seeme at present to be of their spirit ; whereat the collo- 
nies aboute us seeme to be ofended with us, beinge the 
sayd people have theire liberty amongst us, as entertayned 
into our howses, or into any of our assemblies ; and for 
the present wee have found noe just cause to charge them 



AND PROVIDENCE PLANTATIONS. 39 i 

with the breach of the civill peace, only they are constant- 1658. 
ly goelnge forth amongst them about us, and vex and '-^""-^■^^ 
trouble them in poynt of their religion and sperittuall 
state, though they returne with many a fowle scarr in 
their bodies for the same ; and the ofences our neighbours 
take against us is, because wee take not some cource 
against the sayd people, either to expell them from among 
us, or take such courses against them, as themselves doe, 
who are in feare lest their religion should be corrupted by 
them ; concerning which displeasure that they seeme to 
take, it was expressed to us in a solemn letter written by 
the Commissioners of the United Collonies at theire sit- 
tinge, as though they w^ould bringe us in, to act accord- 
inge to theire scantlinge, or else take some course to doe 
us greatter displeasure ; a copie of which letter wee have 
herewith sent unto yow, wherein you may perceive how 
they express themselves ; as also wee have herewith sent 
our present answer unto them to give yow what light wee 
may in this matter. 

There is one claues in their letter which playnely im- 
plies a threat, though covertly expressed, as their manner 
is, which wee gather to be this ; that as themselves (as 
we conceive), have beene much awed in poynt of their 
continewed subjection to the State of England, lest in case 
they should declyne, England might prohibitt all trade 
with them, both in poynt of exportation and importation 
of any comodities, which were an host suffitiantly preve- 
lent to subdue New England as not beinge able to subsist. 
Even soe they seeme seacretly to threaten us, by cuttinge 
us off from all commerce and trade with them, and thereby 
to disable us of any comfortable subsistence, beinge that 
the concourse of shippinge, and soe of all kinds of como- 
dities is universally conversant amongst themselves ; as 
also knowinge that ourselves are not in a capacity to send 
ovt shippinge of ourselves, which is in great measure oc- 
casioned by their oppressinge of us as yourselfe well 
knowes ; as in many other respects, soe in this for one, 



398 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. that wee cannot have any thinge from them for the suply 
"-^"-^^^^ of our necessities, but in efect thay make the prices, both 
of our comoclities, and their own also, because wee have 
not English coyne, but only that which passeth amonge 
these barbarians, and such comodities as are raised by the 
labour of our hands, as corne, cattell, tobbacco, and the 
like, to make payment in, which they will have at their 
own rate, or else not deale with us. Whereby (though 
thay gaine extraordinarily by us), yett for the safeguard 
of their own religion may seem to neglect themselves in 
that respect ; for what will men doe for their God. 

Sir, this is our earnest and present request unto you in 
this matter, that as you may perceive in our answer to the 
United CoUonies, that wee flie as to oure refuge in all 
civill respects to his highness and honorable councell, as 
not beinge subject to any others in matters of our civill 
State, soe may it please you to have an eie and care open 
in case our adversaries should seeke to undermine us in 
our priviledges graunted unto us, and to plead our case 
in such sorte as wee may not be compelled to exercise 
any civill power over men's consciences, soe longe as hu- 
mane orders in poynt of civility are not corrupted and 
voyalated, which our neighbours about us doe frequently 
practice, whereof many of us have large experience, and 
doe judge it to be no lesse than a poynt of absolute 
cruelty. 

Sir, the humble respects and acknowledgments of this 
Court and Collony, with our continewed and unwearied 
desires and wishes after the comfortable, honorable and 
prosperous proceedings of his highness and honorable 
councell, in all their soe weighty affaires, departs not out 
of our hearts night or day, which wee could humbly wish 
(if it might not be two much bouldnes) were presented. 

Sir, we have not bine unmindfuU of your great care 
and kindness of those of our worthy friends and gentle- 
men in that supply of powder and shott ; and beinge a 
barrill of furrs was returned in that shippe whereof Mr. 



AND PROVIDENCE PLANTATIONS. 399 

Grarrat had the command, wherein was betwixt twenty 1658. 
and thirty pounds worth of goods shipped, the collony '-*'-^'^*^ 
hath taken order for the recruitinge of that loss, which 
wee cannot possibly gitt in readines to send by this 
shippe ; but our intent is, God willinge, to send by the 
next opertunity. And so with our hearty love and re- 
spects to yourselfe, wee take our leave. 
Subscribed, 

JOHN SANFORD, 
Clarke of the Assembly. 
: From a Court of Commissioners 
held in Warwicke, this pres- 
ent November 5th, 1658. 

6. Ordered, that a copie of the charter be drawne concerninge 

' ^ the Charter. 

forth and entered in the generall records, and care taken 
by the recorder in whose keepinge it shall be, that it be 
forthcominge to view at every court of commissioners. 

7. In case of the absence of the Pressident, as some- ^^°J'p')°^j° 
times it falls out at the Generall Court of Tryalls by some a'i'e pi-Mi-' 
accident; it is ordered, that the assistant of the towne Gen'i oacer 

' ' of the Gen- 

where the Court is kept, shall be judge of the Court inoiTryaX' 
the sayd absence ; provided, there be one assistant more, 
at least, present ; and the town magistrates of the sayd 
towne where the Court is, be also present. And in case 
the Recorder be absent, then the magistrates may deferr 
the Courts sittinge till the Recorder can come, or till the 
records can be fetchtd to Court ; and the Court are to 
apoynt and ingadge a Clarke in absence of the Recorder, 
to suply his place for the time beinge. And if the Gen- 
erall Sargent be absent, then alsoe shall the Court deferr 
actinge till he can be present, or till the prisoners can be 
gotten into court ; and in his abscence the Court may 
substitute the Towne Sarjant of the towne where the 
court is kept to supply his place in his abscence, any law 
to the contrary made notwithstandinge. 

8. Whereas, a motion is presented of augmentinge the 



400 RECORDS OF THE COLONY OF RHODE ISLAND, 

1658. fynes on jurymen chosen and not apeariuge or servinge, 
'-•'"^'"^' and of oivinge part of the fines taken to such as are forced 

Fines of o o i 

Turymen. ^0 scrYO lu theli stead. 

It is ordered, that fines bee as they are ah-eady sett ; 
and that halfe the fines taken as aforesayd shall be al- 
lowed, and payed by the Court's order out of the treasury 
to such as serve in the defective parties roome ; and the 
Court of Try alls or Bench, to order it from time to time 
before they dissolve the Court. And further seeinge that 
fees and P^^g^ ^^ fallen to soo low a rate, it is ordered, that from and 
court^tobe after the twenty fifth of December next, all fines, rates, 
peage!" fccs, damagos and costs of court in actions, shall be ac- 
Grandin- countcd and payd lu peage at eight per penny white, or 
ha?eVheir 1^ other pay equivalent thereto. And also it is ordered, 
!hecoun°° that the grand inquest shall have their dinners when they 
charge. scrvc on the countries occasion ; and it shall be payd for 
out of the treasury. And this order to bee and stand in 
full force, any other or former law to the contrary made 
notwithstandinge. 
Warwick to 9. Ordered, that the Towne of Warwicke doe consti- 

provide an ' 

ordinary, ^^j-g q^-^q Ordinary or more, to be kept betwixt this and the 
first of March next ensuinge ; which ordinary shall make 
provision of one or two beds at least for straingers, besides 
other provisions as may be convenient ; and in case the 
town be defective in the performance hereof, wee deter- 
mine that they shall pay tenn pound fine, to be taken by 
distraynt by the Generall Sarjant, together with his fees, 
which fine shall be delivered into the Generall Treasury. 
The way 10. Whcrcas, there seems to be some burden on the 

i^-caiiinge pcoplo by calliuge Courts of Commissioners often in one 
yeare ; therefore, this present Assembly doe absolutely 
establish one court of that nature in a yeare, which is to 
be at the Court of Election, or, to take place immediately 
before it ; and soe to adjourne for givinge place to the 
election, and soe proceed emeadiately after it to transact- 
inge if they see occasion. And for the more efectuall 
judgcinge of the reason of callinge such a court at any 



Courts of 



AND PROVIDENCE PLANTATIONS. 401 

time besides ; it is ordered, that the Pressident, with the 1658. 
major parte of the Generall Councill concerninge, shall '-*^^*-' 
judge of the reason and call such a court, with this pro- 
viso, that the whole councill be advissed with, or advise 
about it, by next meetinge, message or writinge. 

11. To prevent innovation in the government and lib- f^°^j^f^\^^ 
erties of this CoUonie from forraign power ; it is ordered, forr'^'gnJ'"^ 
that if any person in this coUony, do putt his landes or ^°^^''"^®°' 
any partes tliereof that are within this coUonies bowndes 
under the government of any other jurisdiction ; or doe 
indeavor actually to bringe in any forraigne power to gov- 

erne in any parte or partes of this collonies precincks, the 
pennalty for either of the aforesayd offences shall bee, that 
the offender shall forfeitt all his lands and estate to the 
Collony. 

12. Whereas, it is conceived a wholesome libei;ty forL^wsuotto 
the whole or maior parte of the free inhabitants of this tuiTwenty 

days after 

collony orderly to consider of the lawes made by the Com-t^edissoiu- 

•^ •' ^ •' ^ _ lion of each 

missioners' Courts ; and upon findinge discommodity in ^°'""*- 
any law made by the sayd court, then orderly to shew 
their dislike, and soe to invalid such a law. 

It is therefore ordered, and declared by this present 
Assembly, that from henceforth the Generall Kecorder 
upon [such] pennalty as shall be judged meete by a court 
of commissioners, shall send in to each towne a coppie of 
the lawes that are made at such courts, soe as they may 
be delivered to the Town Clarke of each towne within ten 
dales after the dissolution of each court from time to 
time ; and then the townes to have tenn dales time longer 
to meete and publish the sayd lawes, and to consider of 
them. And in case the free inhabitants of each towne, or 
the major parte of them doe in a lawfull assembly vote 
down any law, and seale up the voates, and send them to 
the Generall Recorder within the sayd tenn dales ; and 
that by the voates it doth appeare that the major parte of 
the people in each towne have so dissalowed it, then such 
a law to bee in noe force ; and otherwise if that bee not 



402 RECORPS OF THE COLONY OF RHODE ISLAND, 

1658. soe done within the twenty daies after the dissolution of 
'-^'-^''*^ each court, then all and every law to be in force ; And 
however all to be in force that are not soe disannulled, 
and the townes shall pay the charge of sendinge the fore- 
sayd coppies. Further, the Recorder is to open the sayd 
voates before the Pressident, or in his absence, before the 
Assistant of the towne where the Recorder lives, and then 
the President or such Assistant to give notice to the rest 
of the majestrates. 
S°QuTs- 13. Quissuckquansh, the chiefe Sachem of Narragan- 
andSn sett, ingadgeth in presence of the Court to pay or cause to 
be payed, seven pound, tenn shillings — peage six a pen- 
ny, unto Robert Griffin, before the Court of Tryalls in 
March next, or else he will personally present himselfe at 
the sayd Court to make satisfaction ; and in case he doe 
not then, the Court declare that there shall be meanes 
ussed to fetch in and cause the sayd Sachem to make 
satisfaction. 
JfTr*l*iil'\o ^^' ^^ ^^ ordered, and by the authority of this Assem- 
oni'yelie. ^^Y dcclarcd, that from henceforth there be noe Generall 
Court of Tryalls held for the Collony in the month of 
June ; butt only the two Courts of Tryalls a yeare as 
they are apoynted to be held ; one in March and the other 
in October, are still to be in use and beinge. 
Concerning 15, Whercas, there seems to be an arbitrary power in 
officers that are to judge of defects in trayneinge, to fine per- 
sons halfe a crowne, five shillings, or nothinge as they please : 
Therefore, to prevent inconveniency therein, it is ordered, 
that the fine for non-trayneing accordinge to order of the 
Collony shall bee two shillings a day from each defective 
person, to be without partiality taken by distraynt by the 
Town serjant of each Towne, and the serjant to pay all 
pay all fines fines hee neerlects to take ; and to take to him sufiicient 

if ho neg- '--' 

kcuhtm!'" ^y^^ ^*^ execute the warrants in that case, and to returne 
the fines to the towne treasury ; and he and they to be al- 
lowed and payed for their service therein at the discretion of 
those that give the warrants ; and to be payed by them 



AND PROVIDENCE PLANTATIONS. 



403 



that deny to pay upon demand, over and besides their 1658. 
fines, provided, their wages exceed not after the rate of ^-'^^^"^^ 
three shillings a daie, for a day spent therein ; and noe 
excuse to be taken as sufficient for non-trayneing as law- 
full, but age, nonage, sicknes, lamenes, or publique bar- 
rins:e of office at that time in the Commonwealth. And 
whereas, it was formerly ordered, [that] armes [should] 
bee muskett and match. Now it is declared, that both it 
and fyrelockes and snaphaunces with powder homes bee 
alowed ; and if any bee complayned of for defective 
armes, the Town Counsill in each towne have power to 
judge off, and order the armes to bee such as they may 
finde will fully answer the meaninge of the lawe concern- 
inge suffitiant armes ; and this to be in force, any claues 
in any former law notwithstandinge. 

16. It is ordered, that the Generall Treasurer and concerning 

' the State3 

Generall Attorney have the same power to call Mr. Wil- I'^y^^^J^ 
liam Dyre to accompt for the States' part in his hands as 
they had about Mr. Nicholas Easton's ; and to act therein 
as they were authorized to act in that case, referinge to 
Mr. Easton aforesaid. 

17. Whereas, there hath beine severall purchases ofconceming 
land made from the Indians by men within the precincts g^*tch!''^ 
of this Collony, which, for want of a law thereaboute in ^ ^"^ ' 
the collony, cannot be now made voyde or hindered, as 
namely, the purchase of Quononagutt Island, and the 
island called Dutch Island, which hath beine made by 
"William Coddington and Benedict Arnold, and many 
others joyned by covinants with them thereabouts cannot 

now bee made voyde, but must bee and are alowed and 
confirmed as lawfuU as purchased from the Indians if it 
were not bought before ; as also any other purchases 
made by others as aforesayd formerly. Yett to prevent 
the licke purchassings hereafter from the Indians : it is 

Lands not 

ordered, by the authority of this present Assembly, thatto^'^^p^Y^j^ 
noe person, strainger or other, shall make any further o?lco'rf 
purchases of lands or Islands from the Indians within the sioneSTrom 

the Indians. 



404 RECORDS OF THE COLONY OF RHODE ISLAND, 

1668. precincts of this Collony, butt such only as are soe alowed 
'-"^'^^'^'^ to cloe, and ordered therein by an express order of a court 
of commissioners, upon penalty of forfeitinge all such pur- 
chassed lands or Islands to the Collony, and to pay be- 
sides, a fine of twenty pound to the collony in case of 
trangressinge this order. 

It is ordered, that the Clarke of this Assembly shall 
have twenty shillings from each towne for copies of this 
Court orders. 



Anthony 
Parrant's 
case. 



At a meetinge of the Gencrall Councell held at Warivicke, 
the Uth of October, 1G58. 

There being present, 
Mr. Benedict Arnold, President. 
INIr. William Feild, Assistant. 
]Mr. William Baulston, Assistant. 
Mr. Joseph Clarke, Assistant. 
Mr. Kandall Houlden, Assistant. 
Mr. Richard Waterman, 
Mr. John Sayles, 
Mr. Ezekiell Holyman, 
Mr. John Greene, Jun'r, 
John Sauford, chosen clarke to the counsell. 



Wardens for Providence. 
Wardens for Warwicke. 



It is ordered by the counsell, that Mr. John Greene, of 
Warwicke, jun'r, Generall Atturnie, shall search the 
laws, and present the offence for which Anthony Parrant 
stands bownd to answer at the Generall Court, and the 
Generall Atturnie is to present the same under such a 
title as shall bee by him found suteable thereto. 

It is by Yoate ordered, that the Generall Counsell be 
dissolved for this time. 




AND PROVIDENCE PLANTATIONS. 



Alt a 7neetinge of the Gemrall Counsell at Providence, the 
Wi of March, 1G68-9. 

The names of the counsell present. 
Mr. Benedict Arnold, President. 
Mr. William Feild, Gen'l Assistant. 
Mr. Randall Houlden, Gen'l Assistant. 
Mr. Richard Waterman. 
Mr. John Sayles. 
Mr. Edward Smyth. 
Mr. Ezekiell Holyman. 
John Greene. 

The major part of the counsell beinge mett, haveinge 
ordered, that John Greene, beinge one of the counsell, is 
chosen clarke of the Counsell dureinge sessions. 

The reason of the callinge of the counsell beinge de- 
monstrated by the President to be by reason of one Pum- 
ham havinge made an insurrection in this collony, by a 
royat and rescueinge of a fellon in the limitts of War- 
wicke towne, and the case beinge difficult, the President 
doth desire the advice of the counsell concerninge thePomham' 

^ business. 

premises ; as also another matter concerninge a robery 
committed by severall Indians at Pawtuxett upon William 
Arnold, beinge acted since the warrant was sent forth by 
the President for the callinge of the Counsell. Whereup- 
on the counsell have taken the premised acts into a seari- 
ous debate what to doe in the matter. 

The result of the counsell is, that they advise the Presi- 
dent and Generall Assistants now present, or any of them, 
to graunt forth a warrant or warrants to the Sheriffe to 
aprehend Pomham and any of the Indians that have been 
guiltie in the royatt and rescue abovesayd ; and to take 
sufficient ayde for the accomplishment of the matter, tha^ 



406 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. they may be brought to a fayre try all ; only the Sheriife 
'""^""""^ is to observe the late law made at Warwicke concerninge 
Pomham or any other Indians ; and that the charge of 
the matter at present be borne by the towne of War- 
wicke, beinge they have beine at some charges already 
about the matter, and soe to bring in the whole charge af- 
terward to the Collony ; and that Mr. Randall Houlden, 
Mr. Ezekiell Holyman, and Mr. John Greene, because of 
the privecy of the matter doe disburse the pay unto the 
Sherifife for his aprehendinge and carryinge to prison. 
The reason of the privecy of the matter is because the 
Indians will be made acquainted with the matter otherwise, 
and soe escape. Further concerninge the matter of rob- 
bery aforesayd committed at Pawtuxett, the counsell ad- 
vise that the President and Assistants, or either of them, 
forthwith graunt forth warrants to the shereife to appre- 
hend all or any of the offenders, and take with him a 
suffitiant ayde, if it may bee to bringe them into this 
Court or otherwayes ; and that the President for the 
present pay the Shereifife and his ayde, and afterwards re- 
quire it of the collony, beinge a matter apertaine to the 
collony. 

Ordered, and agreed on by the counsellors unanimous 
consent. 

JOHN GREENE, 

Clarke. 

The Counsell beinge met the llth of March ^ 1658-9. 

With a unanimous consent doe agree that the procla- 
mation concerning his Highnes Richard, Lord Protector, 
late successor unto his Highnes his father, be copied out, 
and a coppy thereof sent to each towne, that accordingly a 
day may be apoynted for the solemnization thereof ; and 
therefore, and in order thereto, the counsell desire and 
order the sayd coppies to be sent to the head warden and 
captaynes of each towne, withaU desireinge that on Tues- 



AND PROVIDENCE PLANTATIONS. 407 

day next, at high-noone, all well efectecl people in each 1659. 
towne assemble together, and the millitary officers give ^-^^v"^' 
notice to the trayne-band in each towne then to be 
drawne up in their millitary posture, and the clarke of 
each band to reade the proclamation at the head of the 
company with this addition, that wee doe joyfully accept 
of his sayd Highnes succeedinge in that dignity and 
power of Protectorship ; and as loyall subjects doe resolve 
to owne his government, and yield all faythfull obedience 
thereto. And this to be done in the most publique place 
of each towne where usually the trayne-bands doe ex- 
ercise. 

Agreed on by the counsell, that the Recorder shall 
have five shillings for puttinge a coppy upon the general 
records ; as alsoe the clarke of the Assembly shall have 
fifteene shillings for the coppies furnished each towne. 

By the counsell, 

JOHN GREENE, 

Clarke, 

Entered into the General Records by me, 

JOHN SANFORD, 
Generall Recorder. 



Att the Generall Court of Election held at Providence, the 
second Tuesday after the 16th of May, beinge the Vlth 
of May, 1659. 

Mr. Benedict Arnold, chosen President. Mr. William 
Peild, next; Mr. Tho: Olney, Sen'r, next 

Mr. William Feild, Assistant for Providence. Mr* 
Roger Williams, next ; Mr. Tho: Olney, Sen'r, next. 



408 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. Mr. William Baulston, Assistant for Portsmouth. Mr. 
^-*^-^*-' John Porter, next ; Mr. John Eoome, next. 

Mr. Joseph Clarke, Assistant for Newport. Mr. Ed- 
ward Smyth, next ; Mr. Will: Jeffereys and Mr. Tew, 
squall next. 

Mr. Randall Iloulden, Assistant for Warwicke. Mr. 
John Greene, next ; Mr. John Smyth and Mr. Weekes, 
equall next. 

John Sanford, Generall Recorder. John Greene, of 
Warwick, next ; William Lytherland, next. 

James Rogers, Generall Sargent. Richard Knight, 
next ; Richard Bulgar, next. 

John Sanford, Generall Treasurer. Mr. Joseph Tor- 
rey, and Mr. John Easton, equall next. 

Mr. John Greene, Generall Atturney. Captain John 
Cranston and John Easton, equall next. 

James Rogers, Gen'l Solicitor ; Joseph Torrey, next. 

John Sanford, Gen'l Recorder, Ingadged. 

Mr. Benedict Arnold, President, Ingadged. 

Mr. William Feild, General Assistant, Ingadged. 

Mr. Joseph Clarke, General Assistant, Ingadged. 

Mr. Randall Houlden, General Assistant, Ingadged. 

John Sanford, Generall Treasurer, Ingadged. 

Mr. John Greene, Generall Aturney, Ingadged. 



The Generall Court of Commissioners held att Providence, 
the nth May, 1659. 

COMMISSIONERS FOR COMmSSIONERS FOR 

PROVIDENCE. PORTSMOUTH. 

Mr. William Feild, Mr. Benedict Arnold, 

Mr. Thomas Olney, Mr. William Baulston, 

Mr. John Sayles, Mr. Roger Williams, 

Mr. Arthur Fanner, Mr. Joseph Clarke, 

Mr. Thomas Hopkins, Mr. Samuel Wilbore, 

Mr. James Ashton. Mr. John Sanforrl. 



AND PEOVIDENCE PLANTATIONS. 409 

COMMISSIONERS FOR COMMISSIONERS FOR 1659. 

NEWPORT. WARWICK. v..,*— v-**^ 

Mr. John Easton, Mr. Randall Houlden, 

Mr. Caleb Carr, Mr. John Smyth, 

Mr. John Crandall, Mr. Samuel Gorton, 

Mr. Joseph Tony, Mr. John Greene, 

Mr. Edward Smyth, Mr. Richard Carder, 

Mr. Wilham Wee den. Mr. Richard Townsend. 

Mr. Benedict Arnold, chosen Moderator. 
John Sanford, chosen Clarke of the Assembly. 

It is ordered, that Mr. Roger Williams shall bringe 
the Charter into the present court to be openly read in 
the Court. 

It is ordered, that there shall be a treaty with Ply- 
mouth againe, concerninge Hog Island, and the bounds of 
our charter and theirs, in the division betweene us, if they 
of Plymouth shall approve thereof. 

It is ordered, that Mr. Benedict Arnold, Mr. William commis- 
Baulston, Mr. Roo^er Williams and Mr. Randall Houlden, treat with 

'CD ^ ^ ' Plymouth 

formerly chosen to treate with the commissioners of Ply- comm'rs. 
mouth, concerninge Hog Island and the devision line be- 
tweene us, are againe chosen to treate with Plymouth 
Commissioners accordinge to theire former commission 
and instructions. And in case any of the aforesayde 
commissioners shall, by death or sickness be hindered, 
then Mr. William Eeild, Mr. John Porter, Mr. Joseph 
Torrey, and Mr. Samuel Gorton, are chosen a reserve to 
supply all or any of their roomes. And [it is] further or- 
dered, that the commission before graunted by the Gener- 
all Courte of Warwicke unto the above named commis- 
sioners is revived, ratifyed and confirmed for those, or any 
fewer of those beforenamed to act by in the premises : 
And therefore it is also ordered, that in case the commis- 
sioners or reserve in any towne fayle soe as none out of 
the towne attend the treaty, yett then their number shaU 



410 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. be nicade up and the service atended by the reserve above 
^■^^^'^^-"sayde, nominated of the other townes. And further, it is 
ordered, that the private instructions that were by the 
aforesayd court given, shall be atended to by each of the 
aforenamed, as shall atend the service ; only one or two 
particulars added, that, whereas before they were tyed to 
meete at Secuncke or Providence ; now liberty is given 
to meete with Plymouth commissioners on convenient 
time and warneinge by them given, either att New Ply- 
mouth, Taunton, Rehoboth, Providence or Portsmouth, 
within one of the two collonys that are in treaty by the 
sayd commissioners. As also that notice hereof, be 
drawne in writtinge and by the first safe conveyance sent 
to the Governor and government from this Court, under 
the hand of the Clarke of the Assembly. And for the 
certainty of haveinge fewer of the above-named to atend 
the service premised, it is ordered and required, that in 
case the commissioners of any one towne fayle, the Towne 
Clarke of the sayd towne shall give notice to the Towne 
Clarke of the next towne or townes, to give warninge un- 
to the reserve or reserves provided there, that they atend 
the service. And further the court order, that what ne- 
cessary expence hath beine, or shall be spent in the service 
shall be payd out of the Generall Treasury. 

A Coppie of a Letter to the Governor and Court of 
Plymouth. 

Much Honoured. 
Letter lo After our hearty respects premised and presented un- 

to you, wee pray you to understand that, whereas by a 
providence that stopped one of the Commissioners that 
this colony chose to meet the gentlemen at Secuncke, 
chosen by your Courte to treate of, and decide the differ- 
ence about Hog Island, the gentlemen could not proceed 
to a desired ishue. And this Court haveinge taken notice 
thereof, doe yett propose the same friendly way of treaty 



AND PROVIDENCE PLANTATIONS. 411 

may be atended ; and to that end have commissionated 1659. 
the former fower that were chosen ; as also have chosen ^-*^^*-' 
fewer more as a reserve for the more certaine attendance 
of the treaty, to make up or siiply the roome of any of the 
first fower, that may by any occasion fayle in the same. 
And seeinge it hath pleased the most High to putt a stop 
to the business, soe as at Rehoboth, it was not finished ; 
the Court conceive it requisitt to gratify your honored col- 
lony and government, that yow please to make choyce of 
either Plymouth, Tanton, Rehoboth, Providence or Ports- 
mouth, which may best serve your conveniences to meet 
at ; where, upon timely notice from you, and in seasona- 
ble time of the yeare for travill when yow please to 
apoynt, our commissioners shall meet yours. And thus 
further wee pray you to conceive that our commissioners, 
some of them cannot goe freely and safely into the Mas- 
sachusetts jurisdiction, and therefore have proposed to 
the townes that are in your owne and our jurisdiction as 
abovenamed for the meetinge ; And thus not further to 
trouble yow, we rest. 

Desirous to be your loveinge neighbours. 

JOHN SANFORD, 
Clarke of the Assembly. 
By the Generall Assembly of the 
Collony of Providence Plan- 
tations, now mett at Provi- 
dence, dated May 18th, 1659. 
To the much Honored, the Governor and Generall Court 
of Plymouth, in New England, These : 

"Whereas, Mr. Blaxton informeth that Mr. John Roome 
of Secuncke, hath an intent to possess a parcell of land 
neere unto the sayd Blaxton's, conceived to be within the 
bownds of our charter. The Court do order that Mr. 
Blaxton doe give notice to Mr. Browne to forbare takeing 
possession or makeing use of the sayd land untill the lyne 
and bownds betweene Plymouth and Providence collonys 
27 



412 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. be agreed upon and sett ; to which purpose the court 
'^-^"""'''*^ have chosen Commissioners to treat thereof with Ply- 
mouth Commissioners. And further, the Court doe or- 
der, that the Clark of this Assembly doe give jNlr. Blax- 
ton a copie of this order to present to the aforesayd Mr. 
John Roome, of Secuncke, alias Rehoboth.* 

It is ordered, that Mr. Randall Iloulden, if he be 
chosen the nextyeare to Generall Office, shall not then be 
compelled to serve against his will, butt freed without 
payinge fine, which is graunted upon his request, havinge 
fownd a burden in servinge for severall years together. 
Against the Wlicreas, it proves exceedinge damage to the Collony, 
Itelihile. the great insolencys of the Indians in robbinge, steale- 
inge and pilferinge away the goods of the inhabitants of 
the same, and havinge beene convicted of such practices, 
they are not fownd able to make lawfull restitution and 
pay all damages ariseinge thereon. It is therefore by the 
authority of this present Assembly enacted and establish- 
ed, that if any Indian or Indians have, or shall at any 
time feloniously take away the goods, monies, cattell, or 
other things that amount to the vallew of twenty shillings 
or more, accordinge to white peage, six a penny ; or, if 
any of the Indians or any Indian shall spoyle or damnify 
the cattell, fence or fruite trees, corne house or other 



^ As this Mr. Blaxton has become a historical personage, the followiug 
mention of him by Gov. Hutchinson, possesses an interest. 

" At a point upon Shawmut, or Trimontaine, since Boston, lived Mr. Blax- 
ton, who had left England, being dissatisfied there and not a thorough con- 
formist ; but he was more dissatisfied with the non-conformity of the new 
comers. He told them he came from England because he did not like the 
Lords Bishops, but he could not join with them because he did not like the 
Lords Brethren. He claimed the whole peninsular upon which Boston is 
built, because he was the first that slept upon it. He had the grant of a very 
handsome lot there at the west part of the town, but he chose to quit all and 
removed to the southward, at or near what is since called Providence, where 
he lived to an old age." Hist. Massachusetts Bay, vol. i. p. 22, 

" One Master Blakestone, a minister, went from Boston, having lived there 
nine or ten years, because he would not join with the church. He lives near 
Master W^illiams, but is far from his opinion." Lechford. 



AND PROVIDENCE PLANTATIONS- 413 

goods of any of the English, or others inhabitantinge, se- 1659. 
journhige or beinge within this jurisdiction, the damage -^"v-^-' 
whereof amountinge to the vallew aforesayd ; and being 
done wittingly, willingly or insolently, the sayd offender 
beinge an Indian or Indians, shall be aprehended by any 
majestrates warrant and comitted to prisson untill the 
next court of tryalls for the collony ; and then to be 
brought to tryall accordinge to law. And beinge convict- 
ed of any offence aforesayd, the sayd Indian or Indians 
beinge not able presently to procure and pay and dis- 
charge all the damages, costs and restitutions by law due, 
to be done and made ; it shall be lawfull for the judges of 
the court where such tryall is, to condemn such offender 
or offenders to be sould as a slave to any forraigne country 
of the English subjects. And out of the price that he is 
sould for, the party wronged shall be satisfyed for all 
damages and charges by law allowed in that or such cases, 
if the sayd price Vv^ill reach it, or soe far as it will reach. 
And if any thinge remaine, it shall goe to the generall 
treasury, in consideration of the charge and trouble of the 
collony. Butt if any of the offences of the aforesayd na^ 
ture be layed by the complaynant under the sum above- 
sayed, it shall then bee in the power of two or three 
majestrates (of any towne where the offender is aprehend- 
ed and before them brought) to putt a present end to the 
matter by makinge him to restore two fould and pay 
charges ; and in case of insolency used in the fact, then 
to cause the sayd Indian to be whipt accordinge to 
their discretion ; provided, they may not exceed fifteen 
stripes. 

It is ordered, that noe person in this collony after the ^^^^ ^^ 
29th of September next ensuinge, presume to sell or give to'inlilan^ 
wine or stronge liquors directly or indirectly to any In- 
dian whatsoever, upon the penalty of forty shillings for 
the first offence, and upon the penalty of five pownds for 
every offence succeedinge ; and that the informer shall 
have halfe the fine for his paynes ; also the informers 



414 RECORDS OF THE COLONY OF RHODE ISLAND, 

3659. testimony upon his knowledge with one witness more, 
'-'"^^-*-' shall be effectiiall for the magistrate after the examination 
of the party accused, to graunt forth warrant for the con- 
stable or serjant to distrayne ; only provided, any man 
that keeps an Indian servant for refreshment, may give 
him a dram, if he can make it apeare he is his hyred ser- 
vant. It is also ordered, that it shall be lawfull for any 
person in case they spie an Indian convayinge or havinge 
of liquors, to seize of it for their owne proper use. It is 
further declared, that Indian witness may not pass in the 
premises. 

It is ordered, that a letter be drawne forth by two or 
three, deputed by this Court, to be sent to Mr. John 
Clarke, our agent, to be presented to his highness for 
confirmation of our charter. 

A copie of which is, viz.: 



Letter to 
Richard 



May it please your highness. It was unexpressible 
Cromwell, sorrow to us to receive the tydeings of your and the three 
nations, and oure owne and soe a loss in the late depart- 
ure of your and the nation's most renowned lord and 
father. 

And it was and is as great a joy unto us that it hath 
pleased God to provide for the three nations and ourselves 
such a cordiall as your highness is, both in respect of your 
renowned stocke, and also of that high worth and hope of 
which we have heard your highness selfe to bee ; in whom 
our humble desires are, that the three nations and our- 
selves may finde a hearinge of our soe great a wound and 
stroake. 

May it please your highness to know that this poore 
collony of Providence Plantations mostly consists of a birth 
and breedinge of the providence of the most high ; wee 
beinge an outcast people, formerly from our mother na- 
tions in the Bishop's dales, and since from the rest of the 
new English over zealous coUonys, our whole frame be- - 
Inge much licke unto the present frame and constitution of 



AND PROVIDENCE PLANTATIONS. 415 

our deareist mother England ; beareinge with the sever- 1659. 
all judgments and consciences, each of other in all the ^-"-v-^-' 
townes of our collonie, the which our neighbour collonys 
doe not ; which is the only cause of their great offence 
against us. Notwithstandinge this our outcast state, may 
it please your highness to be informed, that God was 
pleased to turne the heart of the late first great parlia- 
ment towards us in vouchsafeinge us a Charter of Incor- 
poration and government, soe that it pleased the then 
Lord xidmirall (the Earll of Warwicke) and the Honora- 
ble commissioners, in the name, and by the authority of 
parliament, by many of their gracious letters and orders, 
to confirme and strengthen us. Wee have found (not- 
withstandinge our sister coUony's anger against us) high 
favour with the most honorable Counsell of State, estab- 
lished by authority of parliament, from whose noble 
hands, wee also received letters of gracious confirmation 
and refreshinge. And lastly (which is unspeakeable 
mourneinge and joye unto us), your highness' dearrest 
father was pleased, under his owne hand and seale to re- 
fresh us also as with the dew upon the grass, and as with 
a clowde of the latter raine unto us. 

Illustrious sire. For your highness' person, our deep- 
est wishes and humble desires unto God, the father of 
lights, are for a double portion of your blessed father's 
spirit to be powred downe into your highness' noble brest ; 
and instead of an earthly crowne (which his heavenly 
minde refused), wee most earnestly wish your highness 
and the Lords of your most honorable counsell to be 
crowned with the crowne of wisdom and fortitude, pros- 
perity and success, obedience and love of the nations. 
And however of humble patience and submission of the 
nations, in all your try alls and changes, unto the most 
wise God, his most holy will and pleasure, for ourselves 
(Gracious Sire), wee dare not interrupt your high affayres 
with the particulars of our wilderness conditions ; only 
wee beg your eye of favour to be cast upon our faythfuU 



416 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. agent, Mr. John Clarke, and unto what humble addresses 
-^-^^•^^^^ he shall at any time present your highnes with in our be- 
halfe. And this wee humbly pray at present, that as 
your highnes' illustrious father, when he was necessitated 
by his greate hinderances to suspend the determination of 
our matters ; yet he was graciously pleased presently to 
refresh us with some gracious lynes of confirmation and 
incouradgment to our poore plantations and government (a 
copy of which, our agent, Mr. Clarke, can pressent your 
Highness with), soe it is our humble suite that wee may 
rejoyce in some such pressent gracious refreshment from 
the hand of your Highness also : Unto whom, Sire, we 
humbly hope to approve ourselves.* 

Your Highness' most humble and faythfall 
subjects and servants. 

The Collony of Providence Planta- 
tions in the Narragansett Bay in 
New England. 
To the Serene and Hlustrious his Highness the most 
renowned Richard, Lord Protector of the Common- 
wealth of England, Scotland and Ireland, and the 
dominions thereunto belonging, These in most hum- 
ble wise presented. 

It is ordered, that the President and the fewer Assist- 
ants, and the Generall Recorder shall subscribe the letter 
to be sent to his Highness, the Lord Protector. 
Rate for the It is Ordered, that a rate of fifty pownds be gathered 
Mr. Clarke', up in the fewer townes to send to Mr. Clarke to pay for 
the powder and shott, and to keepe the remainder for 
himselfe. The manner of it to be thus. Providence to 
pay nine pounds. Portsmouth to pay fowerteene pounds. 
Newport to pay eighteene pownds. Warwicke to pay 



* This address was never presented, as the power of Richard Cromwell bad 
departed before it reached England. 



AND PROVIDENCE PLANTATIONS. - 417 

nine powncls ; and these rates to be gathered up betwixt 1659. 
this and the twenty ninth of September next, ensuinge. ^— ^'^*-' 

It is ordered, that the aforesayd fifty pownds shall, ac- 
cordinge to the aforesayd order, by each towne be deliv- 
ered to Mr. William Baulston, Mr. Edward Smyth, and 
Mr. Joseph Torrey, who are authorized to make returne 
thereof to England by way of Barbadoes, or otherwise. 

It is ordered, that from henceforth the General Seriant sa^gent not 

to be an 

may not be admitted to be an Aturney in any persons ^t^mey. 
case except his owne ; and in case he pleads his 
owne case the Court are to apoynt a Serjant in his roome 
duringe such action or actions, who shall receive the fees 
due to the Generall Serjant in those actions. 

It is ordered, that fower men be apoynted to marke out Men chosen^ 
the westward bownds of our coUony as our charter f^ae^Aws" 
bowndeth it, one out of each towne. And if they finde °'*'°^' 
that any have intruded within our limitts, they are to in- 
forme our President of it, who, upon such information, 
may writte to all such intruders to forbare, or else they 
must expect to be responsible as the lawes of oure collony 
determine concerneinge them. The men chosen, are Mr. 
Arthur Fenner, Capt. Thomas Cooke, Mr. John Crandall, 
and Lieut. Robert Westcott ; and that a copie of this or- 
der, together with soe much of the Charter only as men- 
tions that bownds under the Generall Eecorder's hand, 
shall be their suffitiant commission in the premises ; and 
that they shall accomplish it betwixt this and the first of 
October next, and make returne thereof to the collony ; 
and their time and necessary exspences to be borne by 
the Generall Treasury. 

It is ordered, that the President is authorized to signify Mr. win- 
to Mr. John Winthrop our intentions to run our westward ^lotified. 
lyne. 

It is ordered, that there beinge due to Richard Knight Richard 
the vallew of thirty pownds starling, accordinge to peagedue. 
six per penny, for service done for the collony in his of- 
fice of Generall Serjant, since the 10th of October, 1656, 



418 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. untill the pressent Court. The Court doe order, that the 
^-*^--**-' sayd Richard Knight have, or shall be payd the sayd sum 
due from the collony out of the generall treasury : Also, 
it is ordered, that Richard Knight shall have eight shil- 
lings out of the generall treasury for callinge and atend- 



inge this Court. 



Excise of 
wine and 
liquors. 



It is ordered, that the excise of wine and liquors is 
proper to the towne in which the owner of it is an inhab- 
itant of the collony, wheresoever it be formerly landed ; 
and he there only is to pay what the law provideth for 
those that are to take cognizance of it ; and this to be of 
force, all lawes to the contrary made notwithstandinge. 
Providence Whorcas, WO havo a laAV in our collony, dated Novem- 
Se^iand^'ber the 2d, 1658, that noe person within the precincts of 
Indians, this collouy shall buy or purchass any land of the Indians 
without licence of this Generall Court ; and whereas, 
there is a place for a plantation in the bownds of this Col- 
lony, aboute a place so called Nyantecutt : It is ordered, 
that the Court apoynt one man in each Towne of this Col- 
lony to purchass the foresayd land of Ninecraft, who are, 
viz.: Mr. Ben: Arnold, Mr. Arthur Fenner, Mr. William 
Baulston, and Capt. Randall Iloulden, and that it be dis- 
possed to such as have need of each towne of this collo- 
ny ; they payinge suffitiantly for it to such as are 
apoynted to purchass it, or otherwise to be ordered, as 
each towne apoynt. 
Providence ^^ ^^ ordcrcd, that Providence shall have liberty to buy 
^niarg°e out aud clcaro off Indians within the bowndes of Provi- 
shfps. ""^""dence, as expressed in their towne evidence, and to pur- 
chass a little more in case they wish to add, seeinge they 
are straytened, not exceedinge three thousand acres joyn- 
inge to their township. 
GoS Ordered, that it be recorded that Thomas Grould, in 

answer to his bill, be released of the forfeiture of his 
bond, he havinge pleaded ignorance in the matter and 
not presumption ; as also haveinge ingadged in the pres- 
sents of this Court, in a sum of twenty pownds to apeare 



case, 



AND PROVIDENCE PLANTATIONS. 



419 



at the next court of tryalls to be holden at Portsmouth, to 
answer to what was charged against him accordinge as 
the complayntes specify. 

It is ordered, that the Generall Recorder shall give the 
Generall Sarjant and Generall Sollicitor their ingadg- 
ments. 

It is ordered, that Mr. William Baulston and 
seph Torrey are chossen and authorized to auditt the Gen- 
erall Treasurer's accompts ; as also the Generall Re- 
corder's accorapts for what is due to him from the coUony, 
and make returne thereof unto the next Court of Commis- 
sioners. 

It is ordered, that the Generall Recorder shall have 
tenn shillings from each towne for coppies of this Court 
orders. 



1659. 



The Generall Court of Commissioners held at Portsmouth 
for the Collony, the 23^ of August, 1659. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. Roger Williams, 
Mr. William Carpenter, 
Mr. Zachary Rhodes, 
Mr. John Smyth, 
Mr. John Sayles. 

COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Capt. Randall Houlden, 
Mr. Edward Smyth, 
Mr. Joseph Clarke, 
Mr. John Easton, 
Mr. Joseph Torry. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Briggs, 
Mr. John Roome, 
Mr. John Porter, 
Mr. James Badcock, 
John Sanford. 

COMMISSIONERS FOR 
WARWICK. 

Mr. Samuell Gorton, 
Mr. Ezekiell Holyman, 
Mr. John Greene, 
Mr. Mathias Harrie, 
Mr. James Sweete, 
Mr. Robert Westcot. 




RECORDS OF THE COLONY OF RHODE ISLAND, 

Mr. Benedict Arnold, chosen Moderator. 
John Sanford, chosen Clarke of the Assembly. 

Case of Rob- L Upon an accusation by the General! Aturney 
^""""^ against Robert Westcott, that he hath indeavored by pro- 
fession, and likewise by progression to action, to submitt 
parte of the jurisdiction to another CoUony, namely, to 
Plymouth ; It is ordered, that the President doe take up- 
on ingadgment the testimony of such as can testify against 
Robert Westcott, concerninge the aforesayd charge by the 
Generall Aturney against him. 

we'^stcott 2. It is ordered, upon the aforesayd charge by the 

suspended. Q-gj^erall Aturney against Robert Westcott, that he is by 
the Court suspended from actinge as a Commissioner at 
this Court. 

fo^rRoberf 3. It Is ordcrcd, that one of the fower (namely, Mr. 

westcott. j^^^^^ Weekes, Mr. John Gould, Mr. Walter Todd, and 
Mr. Richard Carder,) shall be chosen by this Assembly by 
voates, to serve as a commissioner in the roome of Robert 
Westcott, this present Court. 

Mr. John Weekes is chosen to serve as a commissioner 
this present court, in the roome of Robert Westcott. 

Letter 4. It is ordcred, that the letter from Mr. John 

Irom John ' 

Clarke. Clarkc, in England, shall be opened by the Clarke of this 
Assembly, and read in the Assembly. 

5. It is ordered, that the letter from Plymouth shall 
be read in the Assembly. 

It is ordered, that a committee of fower, one of each 
towne, shall draw up an answer to the letter received from 
Plymouth, who are Mr. Roger Williams, and Mr. Wil- 
liam Baulston, Mr. Benedict Arnold and Mr. Samuel 
Gorton ; which letter shall be subscribed by the Clarke of 
this Assembly. 

Court to be 6. Voatcd, that the court shall be private as a coun- 
sell in the debate of the matter concerninge severall pur- 
chasses of lands made in the Collony contrary to law, by 
severall of the Massachusetts, or others. 



Committee 
to write let 
ter to Plym 
outh. 



private. 



AND PROVIDENCE PLANTATIONS. 421 

7. It is ordered, that a committee of eight, two of 1659. 
each towne, shall draw up three letters, one to the com- ^— -^v-^*^ 

' ^ ^ Letters to be 

missioners of the United Collonys, one to the Generalbj^^-j^t^^^to 
Court of Massachusetts, and Majorr Athcrton and others ''''°"'- 
joined with him, concerninge severall purchasses of lands 
made in our coUony contrary to law by severall of the 
Massachusetts and others. The committee are, for Provi- 
dence, Mr. Roger Williams and William Feild ; for °°'°'' ^''" 
Portsmouth, Mr. William Baulston and John Sandford ; 
for Newport, Mr. Benedict Arnold and Mr. William 
Brenton ; for Warwicke, Mr. Samuell Gorton and Mr. 
John Greene; wdiich letter shall be subscribed by the 
Clarke of the Assembly. 

8. It is ordered, that the President, Mr. William Letter to 

' ' John Clarke. 

Brenton, Mr. William Baulston, Mr. Joseph Clarke, Mr. 
John Easton, and Mr, Joseph Torry are chossen a com- 
mittee and authorized to draw up a letter to Mr. John 
Clarke, to signify our thankfulness to him. 

9. It is ordered, that the committee chosen, viz.: the committee 

to open let- 

President, Mr. William Brenton, Mr. William Baulston, l^nV^'' 
Mr. Joseph Clarke, Mr. John Easton, and Mr. Joseph 
Torry, or any fower of them, shall open any letters which 
shall be sent to the CoUony about the United Collonys, 
Massachusetts or Plymouth contraversies with us, and if 
they finde it necessary, they or any fower of them, shall, 
in the name and by the authority of this Court, send a 
commission with instructions to Mr. John Clarke, in Eng- 
land, to prossicute our cause or causes before the high 
Court of Parliament, and the Right Honourable Counsell 
of State on our behalfe, as shall also send him a copie of 
this or any other orders that concerne the premises, taken 
out of the records, under the Generall Recorders hand. 

10. It is ordered, that if the sayd committee afore- 
named, finde, by any such letters, such strayts that a court 
of commissioners ought to be called to advise and to give 
further order therein ; that then it shall be in the power of 
them or any fower of them, to call such a court. 



422 



RECORDS OF THE COLONY OF RHODE ISLAND, 



Clarke. 



1659. 11. It is ordered, by authority of this pressent As- 
sembly, that the Generall Recorder of this Collony and 
his successour or successours in that office, shall, from 
time to time attend all courts of commissioners in this 
Collony, with the records of the lawes and orders in this 
Collony established : as alsoe that the sayd Generall Re- 
corder is hereby commissionated from time to time to sitt 
in the sayd courts of commissioners, and shall be Clarke 
of the Assembly, and shall from time to time call over the 
names of the commissioners beinge by the towne given to 
him ; and shall also write and record all the acts and or- 
ders of the sayd courts ; and be satisfyed therefor as the 
courts shall, from time to time conceave reasonable, and 
order thereupon. 

fofMr?Sfhn 12. It is ordered, that another rate of fifty pownds 
shall be made and gathered in the townes of this Collony, 
to be sent with the former rate of fifty pownds to Mr. 
John Clarke, in England ; and each towne shall pay 
thus. The towne of Providence shall pay eleven pownds ; 
the towne of Portsmouth shall pay tenn pownds ; the 
towne of Newport shall pay twenty pownds ; and the 
Towne of Warwicke shall pay nine pownds ; which sayd 
summs shall be gathered up betwixt this and the twenty 
ninth of September next, and delivered unto Mr. William 
Baulston, Mr. Edward Smyth, and Mr. Joseph Torrey, to 
be returned for England. 

of^aTerif 13. It is ordered, that in case any considerable com- 
pany of perssons in either of the fpwer townes doe resist 
the gatheringe up of the rates by the Towne Serjant ; 
that then the Generall Assistant of that towne shall send 
for the Generall Serjant, who shall distrayne on such 
perssons estates, that which they are rated, and shall be 
payed his dues for such service out of the persons estates, 
by virtue of a warrant from the President or any Generall 
Assistant. 

14. Whereas, there have been threatenings given 
forth by Richard Smyth, Jun'r, that in case he be ob- 



resisted. 



AND PROVIDENCE PLANTATIONS. 423 

structed in his pretended takings possession by buildinge 1659. 
on IIoo' Island, or by any other such actions which lie '-*— ^^-**-' 

* ^ J J Those who 

may proceed in against the Collonys priviledges, &c.; he «^^^s^ructh>^ 
havinge professed that if he meete any of the free inhab- to be°5t 
itants of this Collony in any other jurisdiction of this 
country, after his beinge so' obstructed, he will there ar- 
rest and prossecute against any such freemen ; The Court, 
therefore, doe declare that if Richard Smyth, the afore- ^ . 

' •' ' Richard 

sayd, or any other, shall soe arrest or moilest any member fjj^y^^'J* 
of this Collony, in airy other jurisdiction for lawfully ob- 
structinge him as abovesayd, or for doing any such law- 
full act in this Collony ; this Collony will stand by such 
as shall be soe molested by him, or any others ; and by 
all lawfull meanes beare such persson or perssons soe mo- 
lested, harmless to all intents and purposes whatsoever. 
And to that end, the Court, for the preventinge of such 
mollestations against the members of this Collony as above 
threatened by Richard Smyth, or others, doe declare, that 
if the sayd Richard, or any other, doe soe moilest any 
persson for the causes abovesayd ; he, the sayd Richard, 
or others soe moUestinge, shall be lyable to pay and make 
full restitution for all dammages that the sayd moUested 
party or parties, and consequently the Collony shall be 
putt unto or sustayne by such mollestation ; and shall, 
moreover, be lyable to pay a fyne to the Collonys use, ac- 
cording as the demerrit of the offence may require in the 
judgment of a Court of Commissioners, who shall have the 
scanninge of the sayd offence. 

Forasmuch, as we have received letters from our affent, wnts to go 
Mr. John Clarke, out of England, that the pressent gov-™g°'^'Jjf 
ernment thereof is by the old parliament as it was six [he'c^nT-^ 
yeats since, without a single person or house of peers ; it of°Engiand. 
is ordered, by this pressent Court, that all warrants and 
summons, shall be ishued forth in the name of the su- 
preame authority of the Commonwealth of England ; and 
that all writts and warrants formerly ishued out or Bond 
taken in the name of the Lord Protector, shall be in 



424 RECORDS OF THE COLONY OF RHODE ISLAND, 

lGo9. be in force untill those actions be isliued and accom- 
^-^"^^''^^plislied. 

Provision 

tl^roCJov- ^^ i^ ordered, that it shall be lawfull for any plaintiff 
f Town^ °* ^igainst any towne in this Collony in any actionable case, 
to arrest the Towne Treasurer, who, (beinge arrested) shall 
consult with the Towne or T'owne Counsell, whether to 
compound or stand out the suite ; and he shall demaund 
of the towne a rate to repay his charges and disburse- 
ments ; and if he cannot atayne a rate, he shall, by vir- 
tue of this order, have power to arrest to the Generall 
Court of Tryalls, any of the obstructions of the sayd rate 
whome he please. 
pur'^hase ^^ ^^ Ordered, that the gentlemen lately chossen and 
towomut°' apoynted to purchass lands at Niantecutt, of the natives 
for the Collonys use, doe speedily apply themselves also 
to purchass of the natives a sufficient plantation at Poto- 
womett for the same use ; provided, that the sayd planta- 
tion doe first satisfy in reason such of the inhabitants of 
Providence and Warwicke who have expended money (for 
the recoveringe of the charter from Mr. Coddington's ob- 
obstruction) upon the account and premiss of this very 
place. 
In what It is ordered, that in case the President and Generall 

majistrate Asslstaut lu auv towuc l)e absent, or be otherwise defi- 

may com- •' 

mitt to pris- g jgj^l; at any time, whereby fellows or other offenders lya- 

ble by law for the offence or offences to be committed to 

prison, and in danger to escape ; it shall then be in the 

power of the towne magistrates, or for either of them in 

either towne to committ such offender or offenders to the 

Collony prison. 

4uh the''' Ordered, that the articles of agreement made betweene 

feuTad°m. this Collouy and Quissuckquoanch, chiefe sachem of the 

Narragansetts, at the Generall Court, made the 28th of 

May, 1G50 : shall be recorded in the Generall records ; 

and that the originall is committed to the keepinge of the 

Pressident untill the Collony see cause to call for it. 

AVhereas, James Rogers, Generall Serjant, complayneth 



AND PROVIDENCE PLANTATIONS. 425 

of his great oppression by his occasions of millinge ; and 1G59. 
beinge both Generall Serjant and Towne Seriant, and also ^-«»^^'-^*^ 

. ° . "^ J ' Power to the 

beinge infirme in his body ; and therefore desireth the ^^^^g^f^'^g 
Court to allow him to constitute a deputy upon occasion Dc^juTy.'' 
for executinge some writts belonginge to his office of 
Generall Serjant ; and doth thereupon ingadge to be re- 
sponsible for what his deputy doth therein, as well as if 
he did it himselfe. The Court doe thereupon enable the 
sayd James Rogers, upon occasions that may urge him to 
constitute a deputy to serve any writt that belongs to the 
Generall Serjant's office dureingo the time of his beinge 
Generall Serjant ; as also to take up fynes and serve exe- 
cutions that belonge to the sayd office to performe. 

Whereas, Mr. John Easton petitions the Court to with- state's part 

-. . -\ • 1 °^ prizes. 

draw an action commenced against his father, Mr. Nicho- 
las Easton, by the Generall Aturney for accompt of the 
State's part of prizes. For the clearinge of the matter, 
Mr. William Dyre refuseth to give any accompt at all, 
and Mr. Nicholas Easton is willinge to give some accompt, 
even so farr as he knoweth as he sayth : Therefore the 
Court doe order, that the Generall Aturney doe demurr 
the case with respect to Mr. Easton, and proceed with re- 
spect to William Dyre ; and the rather because he put in 
noe answer the last Court. And further, it is ordered, that 
in case any person or persons that have received without 
a Court order, any of the State's part, as Mr. John Gould 
or any other, doe refuse to deliver up the same upon John 
Easton's demaund, or his order in his fathei^'s behalfe ; 
that then what dammage Mr. Nicholas Easton receives by 
reason thereof, he or they shall make good ; and upon 
receipt thereof, Mr. Easton, or his orders discharge, shall 
be his or their sufficient security. 

The Court havinge taken notice of the complaynt of Robert Grif- 
Robert Griffin concerninge the remaynder of the seven c°'^^^^'^'^°' 

1 Ml- /^ complaynts. 

pownd, tenn shillings, that Quissuckquoanch ingadged in 
the Court, at the Generall Court at Warwick, in Novem- 
ber last, the remaynder of which is, it seems, five pownds 



426 RECORDS OF THE COLONY OF RHODE ISLAND, 

1659. tenn shillings ; and further, whereas William Caclman 
^^-*"^''"*^-' doth complayne for want of money due from one Quis- 
suckquoanch, his men, by judgement of the Generall 
Court at Providence, in March last, which is not yet 
paid ; the Court upon the consideration of the premises, 
doe request the President to cause demaund of satisfaction 
from Quissuckquoanch, accordinge to justice in both the 
former cases. And further, to signify unto him that if he 
doe it not, the Court will take a speedy course to force 
him to doe right, which will prove troublesome and 
chargeable unto him. 

falsed"^'" It is ordered, that a rate of six pound, tenn shillings, 
after peage six a penny, be rayzed^ and gathered in each 
towne, to pay Ptichard Knight what is due to him from 
the Collony, which rates from each Towne are to be gath- 
ered and payed to him at the next Generall Court of 
Tryalls, to be held at Portsmouth, in October next. 

abScow Vpon the request of Mr. Cowland and Ealph Earll, 
Sen'r, ordered, that a voate be sent from this Assembly 
under the Clarke of the Assembly's hand unto Richard 
Knight, to advise him to deliver the cow he had of Mr. 
Cowland for the use of Sarah Earll, or the vallewation of 
herr, unto Mrs. Cowland, or unto the Town Counsell of 
Portsmouth. 

«rta°rpub-^ It is ordered, that there be noe coppies given forth to 

be made, auy prlvatc person or persons, of any of the letters ordered 
to be sent to the United Collonys, or to Massachusetts, 
Plymouth, or to Major Atherton as before sayd, by this 
Court, untill the Court doe give further order ; only pro- 
vided, that if either of the Townes in the Collony desire a 
copie of either, or all the letters, they shall have them of 
the Recorder ; provided, they send for it or them under 
their clarke's hand per towne ordered, payinge two shil- 
lings, six pence a piece to the recorder for them. 

William Slade, of Newport, is admitted a freeman of 
this collony. 

U)'r:cord?r!' It is Ordered, that the recorder shall have twenty shil- 



AND PROVIDENCE PLANTATIONS. 



427 



lings from each towne for coppies of this Court orders ; 1658. 
and for writting and recordinge the letters to Plymouth, ^-^^"-^ 
and to the commissioners of the United Collonies, and to 
the Massachusetts, and to Major Atherton. 



FFINIS. 



The Generall Court of Election held at Portsmouth^ the 
22d of Mai/, 1660, beinge the second Tuesday after the 
mh of May. 

Mr. Nicholas Easton, chosen Moderator of this As- 
sembly. 

Mr. William Brenton, chosen President ; Mr. Nicholas 
Easton next, Mr. Arnold next. 

Mr. William Feild, chosen Assistant for Providence ; 
Mr. Wm. Harris next, Mr. Fenner next. 

Mr. William Baulston, chosen Assistant for Ports- 
mouth ; Mr. John Porter next. 

Mr. Benedict Arnold, chosen Assistant for Newport ; 
Mr. Tew next. 

Mr. John Greene, Generall Assistant ; Mr. John 
Smyth next, Mr. Weeks next. 

John Sanford, chosen Generall Recorder ; Mr. William 
Dyre next, William Lytherland next. 

John Sanford, chosen Generall Treasurer ; Mr. William 
Baulston next, Mr. John Greene next. 

Mr. James Rogers, chosen Generall Sarjent ; Mr. Rich- 
ard Bulgar next, Richard Knight next. 

Mr. John Easton, chosen Generall Aturney ; Mr. John 
Greene next, Capt. John Cranston next. * 




RECORDS OF THE COLONY OF RHODE ISLAND^ 

John Sanford, Generall Eecorder ; ingadged. 

Mr. William Brenton, President ; ingadged. 

Mr. William Feild, Generall Assistant for Providence ; 
ingadged. 

]\Ir. William Baulston, General Assistant for Ports- 
mouth ; ingadged. 

Mr. Benedict Arnold, General Assistant for Newport ; 
ingadged. 

Mr. John Greene, General Assistant for Warwick ; 
ingadged. 

Mr. James Rogers, General Serjant ; ingadged. 

Mr. John Easton, Generall Aturney ; ingadged. 

Mr. Richard Bulgar, Generall Solictor ; ingadged. 



The Generall Court of Commissioners held for the Collony, 
at Portsmouth, the 22d of May, 1660. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Brenton, 
Mr. William Feild, 
Mr. Benedict Arnold, 
Mr. Arthur Fenner, 
Mr. William Carpenter, 
Mr. Thomas Hopkins. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. John Porter, 
Mr. William Hall, 
Mr. Samuel Wilbore, 
Lieut. John Albro, 
Mr. Edward Fisher, 
John Sanford. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. Nicholas Easton, 
Mr. Richard Tew, 
Capt. John Cranston, 
Mr. John Easton, 
Mr. William Harris, 
Mr. John Greene. 



COMMISSIONERS FOR 
WARWICK. 

Mr. Randall Houlden, 
Mr. Samuel Gorton, 
Mr. John Smyth, 
Mr. John Greene, 
Mr. John Weeks, 
Mr. Richard Carder. 



Ordered, that the letter from Mr. John Wintlu'op, and 
Major Atherton, shall be read. 



AND PROVIDENCE PLANTATIONS. 429 

Whereas, tlaere is a certayne clause in a law made at 1660. 
Warwick, November the 2d, 1658, toutching the people's ^-•^^'"*^ 
libertie to disanull any law to them presented from the l^j^^^^'^^^^'^Jf^^ 
Courts of Commissioners, as there is premised ; by which u°eTepeai- 
clause it seems the privilidges of the people are not soe '"" " 
clearly evinced as the Commissioners thereby and therein 
did intend in formeinge the same law, in regard of this 
clawse (that the major parte of each Towne in the Collony 
must send in their voates of their towne to the Generall 
Recorder, to disallow any law that should be soe present- 
ed, within tenn dales after it is presented to the Towne, 
if they conceive such, or any such law not wholesome). 
It is therefore ordered, by the authority of this present 
Assembly, that the aforesaid clawse be rectifyed, and that 
.instead thereof, it be enacted, and it is hereby enacted, 
that there be three months time, that is to say, fowre 
score and six dales alowed for the returne of the voates 
from each towne unto the Generall Recorder after that 
such lawes be presented (in such order and time as by the 
foresayd law is provided) to each towne ; As alsoe wee 
further enact that it apeareinge by the returne of the 
voates, that the major parte of the free inhabitants of this 
Collony have disapproved or disannulled any such law or 
lawes, then the sayd law or lawes to be of noe force ; al- 
though any one towne or other should be wholly silent 
therein, or otherwise such law or lawes to be in force ac- 
cording to the true intent of the other parte or clawes 
in the abovesayed law of November the 2d, 1658 ; and 
this foresayd addition to stand and be in full force, any 
law or lawes, or any clawes or clawses in any former law 
contayned, to the contrary notwithstandinge. 

Voated, that Mr. William Brenton, Mr. Benedict Ar- committee 

a purchase 

nold, Mr. John Porter, John Sanford, Mr. Nicholas Eas- ^°^g^t7^- 
ton, Mr. William Harris, Mr. John Greene, and Mr. Ran- 
dall Houlden are chossen a committee to ripen the matter 
concerninge the purchass made by the gentlemen of the 



Nicholas 
EastoQ and 
John Cog- 
geshall to 
' new 



430 RECORDS OF THE COLONY OF RHODE ISLAND, 

1660. Bay, in Narragansett, and draw up their result thereon, 
— ^'^**-' and present it to the Court. 
Mrs. Morris. It is Ordered, that Mrs. Morris shall have libertie to 

her case. 

dwell in the prisson house untill such time as the Collony 
shall see cause to order otherwise ; or till she have notice 
given her by the Generall Serjant to goe forth. 

Whereas, there are judgments of the last Generall 
Court of Tryalls against Mr. Nicholas Easton and Mr. 
Tryair" Johu Coggcshall, for forfeiture of their bonds by non- 
apeareance when called at the sayd Court ; and they 
haveinge petitioned and desired this Court to suspend ex- 
ecution of the sayd judgments and graunt them liberty of 
a fayre tryall at the next Court : Therefore, the Court 
doe order, that their bonds now in the office doe continue 
in force to bringe them to tryall at the next Generall 
Court of Tryalls, to be held in October next, at Warwick. 
It is ordered, that Mr. John Greene, of Warwick, shall 
Jo|iji^ Greone supplie tho placc of the Generall Aturney in the case of 
^^^"^- the State against Mr. Nicholas Easton, for the State's 
parte of the prizes. 

It is ordered, that Mr. Richard Smyth, Sen'r, Mr. 

palule^'' William Feild, Mr. William Carpenter, and Mr. John 

"^er. Weekes, are authorized to consider some way of make- 

inge a bridge over Pawtuxett river, and present their 

result and agreement thereon unto the next Court of 

Commissioners. 

Ordered, that those gentlemen that were formerly 
aSana! chossen to treate with Plymouth Commissioners concern- 
inge Hog Island, shall again write to Plymouth Court to 
signifie that our Commissioners are yett ready to attend a 
treaty upon the whole difference betweene us, if they 
please, at any time and place agreed on. 

It is ordered, that Robert Grifi&n shall be paid what is 
flnVo' be^"^" ^^^ ^^ hi^^ fi'OJ^ Quissuckquonch, which is five pownd, 
^^"'- tenn shillings, out of the [proceeds of the] landes which 
are purchased for the use of the Collony. 



AND PROVIDENCE PLANTATIONS. 431 

It is ordered, that all the letters sent from Plymouth 1660. 
Court to ours, concerninffe our pressent differences, shall ;-f"^'^ 

' O 1 ' ^ Letters fiom 

remaine in Mr. Arnold's possession till the debate with P'y°^°^t^ 
Plymouth Commissioners be ended. 

It is ordered, that Mr. WiUiam Dyre's case concern- wiwam 

' '' Dyre's case. 

inge the State's part of prizes is referred to the next 
Generall Court of Commissioners, and that his former 
bonds in that case doe stand still in force untill that 
Court. 

It is ordered, that whereas, there is due to James Rog- erTto'i)^*"""' 
ers the summ of fower pownds, sixteene shillings, for ser- ^^^^' 
vice done as Generall Serjant this last yeare, and that 
each towne shall [as its proportion], pay him the summ of 
twenty four shillings. 

It is ordered, that the Recorder shall have tenn 
shillings from each towne, for copies of this Court 
orders. 



The Generall Court of Coinmissioners held at Warwicke. 
the 18th of October, 1660. 

COMMISSIONERS FOR COMMISSIONERS FOR 

PROVIDENCE. PORTSMOUTH. 

Mr. William Feild, Mr. William Brenton, 

Mr. William Harris, Mr. William Baulston, 

Mr. Arthur Fenner, Mr. Benedict Arnold, 

My. John Fenner, Mr. Phillip Tabor, 

Mr. Joseph Torrey, Mr. Richard Morris, 

Mr. Thomas Hopkins. John Sanford. 



432 EECOKDS OF THE COLONY OF RHODE ISLAND, 

1660. COMMISSIONERS FOR COMMISSIONERS FOR 

^-^^'^^^ NEWPORT. WARWICKE. 

Mr. Peter Easton, Mr. John Smyth, 

Mr. John Easton, Mr. John Weeks, 

Mr. Caleb Carr, Mr. John Greene, 

Mr. Thomas Gould, Mr. Richard Carder, 

Mr. John Greene, Mr. Stukely Westcott, 

Mr. John Sweete. Mr. James Greene. 



Mr. William Brenton, chosen Moderator. 

It is ordered, that the letter sent from Mr. John 
Clarke, be opened and read in this Assembly. 



Charles 2d, 
Letter read. 



Ordered, that his Majesty's letter to the Parliament 
house of Commons, and his declaration and proclamation 
be openly read. 
t^ionS I* i'"^ ordered, that his Royall Majesty, King Charles 
^^rffitsthe Second, King of England, Scotland, Fraunce and Ire- 
land, with all the dominions and territories thereunto be- 
longinge, shall be proclaimed to-morrow morninge at 
eight of the clocke, in presence of this present Court ; 
and that the officers of the trayne band of this towne doe 
rally the company or trayne band of this towne together, 
to solemnize the proclamation. 
pubiicdocu- It is ordered, that all writts, warrants, with all other 

raents to be ' ' ' 

L"ame.^'''^"'P^'^^^ifF^ transactlous, shall be from henceforth issued 
forth and held in his royall majesty's name ; and that aU 
bonds formely taken, shall continue in force till issued, 
t^onlo'be" I^ is ordered, that on the next Wednesday, which will 
^oemmze . |^^ ^^^ ^|^^ ^igj; Qf ^his iiistaut mouth, each towne in this 
coUony shall then, at the head of the company of each 
trayne band, solemnize the proclamation of the Royall 
Majestic. And that the captaine of each towne is hereby 
authorized and required to call the trayne bands together 
to solemnize the sayd proclamation on the foresayd day, if 
the weather doe permitt ; if not, it is to be done on the 



AND PROVIDENCE PLANTATIONS. 433 

next fayre day, and that all children and servants shall 1660. 
have theire libertie for that daye. ^-^►v-i*-' 

It is ordered, that his Majesty's letter to the House of The King's 
Commons, and his public declaration, together with the *^'°fj°//t'^^ 
proclamation of his Majesty, be kept upon record, and"^*^°"^*' 
annexed to our publique records. 

Ordered, that My. Benedict Arnold, Mr. William Baul- 
ston and John Sanford, shall draw up a drauft of a com- 
mission to be sent unto Mr. John Clarke, in England, and 
present it to this Court. 

It is ordered, that the committee chosen by the Court, committee 

' •' ' to open let- 

in August last was twelve months, viz.: the President, ^J'te'Jo Mr 
Mr. William Baulston, Mr. Benedict Arnold, Mr. Joseph 
Clarke, Mr. John Easton, and Mr. Joseph Torrey, or any 
fower of them, are still authorized to open any letters 
which shall come to the 'collony ; as alsoe to write to Mr. 
John Clarke, in answer to his letter wherein they shall 
enclose his commission from this Court, which commission 
shall be subscribed by the Generall Recorder, with the 
scale of the Collony annexed. 

• A copie of the Commission to Mr. John Clarke. 

Whereas, wee, the Collony of Providence Plantations 



Clarke. 



Commission 
to Mr. John 



in New England, having a free charter of incorporation c'larke. 
given and graunted unto us in the name of King and 
Parliament of England, bareing date Anno Domini, one 
thousand, six hundred and fortie three, by virtue of which 
charter this collony hath beine distinguished from the 
other collony s in New England ; and have ever beine and 
to this time mayntayned government and order in the 
same collony by administeringe judgment and justice ac- 
cordinge to the rules in our sayd charter prescribed. 
And further, whereas, there have beene sundry obstruc- 
tions emerging, whereby this Collony hath beine putt to 
trouble and charge for the preservation and keepinge in- 
voyolate those privilidges and emunities, to us graunted 



434 RECORDS OF THE COLONY OF RHODE ISLAND, 

1660. in the foresayd free charter ; which saycl obstructions 
^*""'^^' arise from the claims and encroachments of neighbours 
about us, to and upon some parts of the tract of land men- 
tioned in oure charter, to be within the bownds of this 
Collony. 

These are therefore, to declare and make manifest unto 
all that may have occasion to peruse and consider of these 
presents, that this present and principal Court of this Col- 
lony, sittinge and transactinge in the name of his most 
gracious and royall Majestic, Charles the Second, by the 
grace of God, the most mighty and potent King of Eng- 
land, Scotland, Fraunce and Ireland, and all the domin- 
ions and territories thereunto belonginge, doe by these 
presents make, ordayne and constitute ; desire, authorize 
and apoynt our trusty and well-beloved friend, Mr. John 
Clarke, Physician, one of the members of this Collony, 
late inhabitant of Khoade Island, in the same Collony, 
and now residing in Westminster, our undoubted agent 
and Aturney ; to all lawful! intents and purposes lawfully- 
tending unto the preservation of all and singular the 
priviledges, liberties, bownderies and emunities of this 
Colony, as according to the true intent and meaninge of 
all contayned in our sayd charter, against all unlawful! 
userpations, intrusions, and claimes of any person or per- 
sons, on any pretences, or by any combination whatso- 
ever ; not doubtinge but the same gracious hand of 
Providence, which moved the most potent and royal! 
power abovesayd, to give and graunt as the abovesayd 
free charter, will also still continue to preserve us in our 
just rights and priviledges, by the gracious favour of the 
power and royall majestic abovesayd. Whereunto wee 
acknowledge all humble submission and loyall subjection. 

Given in the twelfth yeare of the reigne of our sov- 
ereign lord, Charles the Second, King of England, 
Scotland, Fraunce and Ireland. Att the General! 
Court, houlden for the Collony of Providence 




AND PROVIDENCE PLANTATIONS. 

Plantations, at Warwicke, the 18th clay of Octo- 
ber, Anno Dommi, 1G60. 
Sealed with the seal of 
the Colony. 
To our trusty and well-beloved friend and Agent, Mr. 
John Clarke, of Rhode Island, Physician, now resid- 
ing in London, or Westminster. 

It is ordered, that a committee be chossen to treate ^o^mis- 
with those gentlemen that have made purchass of lands iuthofeTha't 
Narrao^ansett ; and that the sayd committee shall have chlsedTanaa 

° ' -^ in Nan-a- 

full power to treate and fully agree with them in the s«.nsett. 
present differences about their coming into our coUony. 
The committee chosen for Providence, are Mr. William 
Feild and Mr. Arthur Fenner ; for Portsmouth, Mr. Wil- 
liam Baulston and John Sanford ; for Newport, the Presi - 
dent and Mr. Benedict Arnold ; for Warwick, Mr. John 
Greene and Mr. Randall Iloulden. And further, it is or- 
dered, that these Commissioners before named, doe 
speedily take care to write unto the gentlemen, viz.: Ma- 
jour Atherton and his associates, to desire them, in the 
name and behalfe of the collony to apoynt some of them- 
selves to treate with the aforesayd Commissioners upon 
all the differences dependinge about their coming into, or 
possessing lands from the Indians within this coUonie's 
bownds ; and also to consider and conclude upon any and 
every particular that may begett a right understanding 
betweene those gentlemen and the Collony. And further, 
the Court doe declare, that what the majour parte of the 
commissioners aforenamed shall conclude upon with those 
gentlemen or their commissioners, shall stand and be au- 
thentick to all intents and purposes touchinge the premis- 
es, in the name and behalfe of the Collony : Provided, 
there be nothing done to the prejudice of the priviledges 
of the Collony. But if noe agreement be made, or Ma- 
jour Atherton and the rest of them .refuse a treaty, that 
then the Commissioners aforenamed, or the majour parte 



436 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1660. of them, are authorized to forbid those gentlemen further 
-'^^'"•*-' progress on the lands premised, and are to use all lawfuU 
meanes to hinder them from such proceeds, and to prose- 
cute against them. 

Ordered, that the Generall Recorder is authorized to 
demaund and receive the seal sent by Mr. John Clarke 
of i\Ir. Nicholas Easton. 

It is ordered, that Mr. Dyer's case concerning the 
State's parte [of prizes] is referred to the next Court of 
Commissioners. 



The Generall Court of Election, held at Newport, the 
21st of May, 1661, being the first Tuesday after the 
fifteenth of this instant. 

Mr. William Brenton, chosen Moderator for this As- 
sembly. 

Mr. William Brenton, chosen President ; Mr. Benedict 
Arnold next, Mr. Nicholas Easton next. 

Mr. William Feild, Assistant for Providence ; Mr. 
Arthur Fenner next. 

Mr. William Baulston, Assistant for Portsmouth ; Mr. 
John Porter next. 

Mr. Benedict Arnold, Assistant for Newport ; Mr. 
John Easton next. 

Mr. John Grreene, Assistant for Warwicke ; ^Ir. John 
Weeks next. 

Mr. Joseph Torrey, chosen Generall Recorder ; John 
Sanford next, Mr. Dyre next. 

Mr. James Rogers, Generall Serjant ; Richard Knight 
Thomas Gould next. 



AND PROVIDENCE PLANTATIONS. 

My. Caleb Carr, Generall Treasurer. 

Mr. John Easton, Generall Aturney ; Mr. Dyre 
next. 

Mr. Peter Tallman, Generall Sollicitor ; Mr. Richard 
Bulgar next. 



The Generall Court held at Neivport, the 21st of May, 
1661. 

COMMISSIONERS FOR COMMISSIONERS FOR 

PROVIDENCE. PORTSMOUTH. 

Mr. William Feild, Mr. William Baulston, 

Mr. William Arnold, Mr. John Roome, 

]Mr. Thomas Harris, Sen'r, Mr. John Briggs, 

Mr. Thomas Roberts, Mr. Thomas Brownell, 

Mr. Zachary Rhoades, Lieut. John Albro, 

Mr. James Barker. Mr. John Tripp. 

COMMISSIONERS FOR COMMISSIONERS FOR 

NEWPORT. AVARWICKE. 

Mr. William Brenton, Mr. John Smith, 

Mr. Benedict Arnold, Mr. John Weeks, 

Mr. Caleb Carr, Mr. John Greene, 

Mr. John Easton, Mr. James Greene, 

Joseph Torrey, Mr. William Dyre, Sen'r, 

Mr. William Jeffery. Mr. Peter Tallman. 

Mr. William Brenton, chosen Moderator for this Courte 
of Commissioners, this day. 

The Court adjourned till eight o'clock, to-morrow. 




May the 22. 
Mr. William Brenton, chosen Moderator. 



438 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. Concerninge letters from those gentlemen in the Matha- 
'"-*'~"""*^ tusetts, aboute the enclms-e the diference betwixt them 

Commis- ^ 

nected'with " ^^^^ ^^^^ Collony, tho Court doe order a committee which 
MassaX- -^ j^j^,_ Amold, for Newport ; lSh\ Baulston, for Ports- 
mouth ; Mr. Roades, for Providence ; Mr. Weeks, for 
Warwicke. 
s^b^-commit- Wee, the sub-committee chosen by the Court, May 
toMajor"" 23d, 1661, haA'incTe seriously considered and debated cir- 

Atherton . 

cumstances concerninge the matter in difference depend- 
inge betwixt the gentlemen and some friends with them, 
that are active in posesinge and sharinge the Narragansett 
lands in the Collony, without the consent of the Collony, 
doe finde by ther letters that those gentlemen, Majour 
Atherton and his associates, are not so well informed of 
the intent of the Collony as might be requisitt ; as also 
we find that they are inclyned to a treaty, but desier a lit- 
tle furder time from the collony, as touchinge particulars 
of the treaty, and as touchinge a refference in case the 
committee cannot deside it ; and for our parte, we judge 
it meet that they be againe written unto, either by those 
apoynted to treate, or by some that may be now apoynted 
to write ; and we doe desire that all rationall, manly and 
civill information and respecte be used so as the matter 
may be fayrly scaned and ended, if it may be ; and fur- 
der doe conseve that mosion of theirs desireinge a coppie 
of the Courte order concerninge the treaty should be at- 
tended to, and withall a coppie vnder the Recorder's hand 
sent with the letters vnto them. 
Commis- Ordered, that these, viz.: The Presidente, and others 

sioners to ' ' 

Majo7"^ with him, that weare by the Court of Commissioners held 
' "°°' at Warwicke, the 18th of October, 1660, authorized and 
apoynted to write to, and treate with Majour Atherton, 
Captayne Hutchinson, and the rest of the gentlemen with 
him associated in the purchasing of lands from the Indians 
at Narragansett and partes adjoining within this Collony, 
are by this present Assembly still authorized to proceede 
according to the foresayd order ; and they or the major 



AND PROVIDENCE PLANTATIONS. 



439 



part of them [are authorized] to write unto the saycl Ma- 1661. 
jour and his associates, as also to treate with them ; and ^-*'^-^*-' 
have still full power, they or the major part of them, in 
case of a treaty, to macke a finall issue of all differances 
that doe consearne that matter. And in case that cannot 
be efected by treaty, then to put the matters to reference 
if they see cause. They are also desired to send the sayd 
gentlemen a coppie of the abovesayd order, as also of this 
present order ; and furder, are still authorized in case a 
fayre issue cannot be had, as is desired, then in a speedy 
and conveniente time and season, to forbid the sayd gen- 
tlemen and any of their company, in his Majesty's name, 
from furder proceedings in the sayd purchase as to pos- 
sessinge or shareinge any of the sayd lands, and to prose- 
cute against them or any of them in case they still pro- 
ceed without consent of the Collony, as concluding their 
proceedings are contrarie to the crowne and dignity of 
his Majesty, and the peace and well beinge of his Majes- 
ty's subjects in this Collony. 

J J J Joseph Tor- 

Ordered by this Courte, that Joseph Torrey being Re- ^7t'o^4^'ei'^; 

corder, shall forthwith demand all the records that belong "'^ "'*'°'''^'- 
to the Collony, of Mr. John Sanford, the late Recorder, 
which are in his custody ; and upon receipt of them, is 
authorized to give discharge for all such records as hee 
shall receive. 

Ordered, that noe person, of what deo-ree soever, that no person to 

■^ _ '-' ^ be arrested 

hath his aboade, or who sojourneth within any parte of^^^^'g^^'^?^*^ 
our Collony, shall arest any other abidiuge or soj our ninge """"^ ''''''"■ 
in this Collony, or in any other jurisdiction in New Eng- 
land, in any matter that concernes title or posession of 
land, but onely in this collony ; and in case any person 
presume to act contrary to the premises, hee or they shall 
be lyable to pay the molested party his damadge and 
charges, which shall be recoverable by an action of vnjust 
molestation. 

It is ordered, that the bill of James Rogers, Generall James 

° Roger's Mil. 

Serjant, presented to the Generall Courte, is approved of 



440 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. and signed, and fourteene pound to bee payd unto him by 
'--*'^>''^*^ the fower townes ; that is, three pounds, tenn shillings 

per towne. 
panofpr'iz- Whereas, there hath beene former proceedings against 
EaTton's Mr. Nlcholas Easton, in a way of law for recovery of ac- 

hands. ' ./ ^ ^ 

counts and money of the State's parte of prizes in his 
hand ; and furder, whereas, at the last Court of Try alls 
the action was suspended and refered to this Court for ad- 
vice as to furder proceedings thereaboute ; It is ordered, 
that the sayd action be suspended vntill a Court of Com- 
missioners take furder order thereabout. 
Christopher ^nd It Is furtlicr ordered, that the order by which 

Almy to be ' •' 

N^cho:^ Mr. Christopher Almie was enabled to demand twenty 
eight pounds, five shillings of Mr. Nicholas Easton, which 
order was made at Portsmouth, the 17th March, 1655, is 
agayne revyzed, so ftirr, that the sayd Christopher Almye 
is thereby impowered to demand the sayd moneye as be- 
inge his due ; and in case he doth not receive it on de- 
mand, he may tacke a legall way to recover it ; and in 
case of recoveringe the sayd sume, his receit therefor shall 
be a discharge to hee that payeth it. 
^e'r"'to^'b^^'" Whereas, there is a very gret defeck apeareinge in re- 
fe'futeioac^D'ard that the places of Generall Officers, as of Recorder, 

when A 

elected. Trcasurcr, Sargante, Attorney or Solicitor, are some- 
times voyde, for want of a penalty annexed, and imposed 
on such as from time to time are lawfully chosen to either 
of those places, in case they refuse. Be it therefore 
enacted by this presente Assembly, that from henceforth if 
any be chosen to any of the sayd Generall Offices and re- 
fuseth to serve, he shall presently pay downe a fine of five 

Five pounds po^nd to the use of his Majesty ; or in case he pay it not, 
then shall it be taken by distraynt by vertue of a warrante 
from the Generall Recorder then in beinge, to the Gener- 
all Sargante then in beinge, together with the charges 
that ariseth ther about ; and the sayd five pound to be 
delivered to the Generall Treasury for the use aforesayd. 
For the drawingc up of soraethinge to consider with re- 



fine, 



AND PROVIDENCE PLANTATIONS. < 441 

Specie of sending a man for England, a committee is 1661. 
cliosen, which is Mr. Arnold, Mr. Baulston, Mr. Greene 
and Mr. Weekes. 

Forasmuch, as it apeares that ther is great complaynt ^~j^g<^- 
by reason that ther is no place or places for strangers to I'oruinment. 
be entertayned, it is therefore ordered, that it shall not 
be lawfuil for any person to retayle wine or lyckers, but 
such as shall keepe one bed at least, and victuals for the 
entertayning of strangers, under the penalty of ten shil- 
lings for the first offence, and twenty shillings for every 
defecte afterward ; which penalty shall be taken by des- 
trayntbythe Constable or Sarsrante, and shall be returned to retail n- 

•^ •' tj •> quors unless 

the one halfe to the towne treasury, and the other to the ^^gVed!^ 
informer. 

Ordered, that the Recorder doe forthwith ffrant forth asucquansto 

^ be arrested. 

writ to the Sergante to arrest Sucquans, the Indian sa- 
chem [and bring him] to our next Court of Tryalls, in an 
action of the case concerninge debt and damadge of thir- 
tie pounds ; to answer Mr. John Greene, Atorney, in 
behalfe of the Court of Commissioners, to whom hee en- 
gaged to pay seven pounds, ten shillings, as apeares by 
record at a Court held at Warwicke, November the 2d, 
1650. 

Ordered, that this be the engagement of officers, 
any former law to the contrary notwithstanding. 

You, A B , being called and chosen vnto pub- Engagement 

lique imployment, and the office of , by the free" '^ 

voate and consent of the inhabitants of the Province of 
Providence Plantations (now orderly mett in his majesties 
name), doe in this present Assembly engadge yourself 
faythfully and truly to the vtmost of your power to exe- 
cute the commission committed vnto you, and doe hereby 
promise to doe neither more nor lesse in that respecte than 
that which the CoUony have or shall authorize you to 
doe. 

We, the inhabitants of the Province of Providence Reciprocal 
Plantations, being heare orderly mett, and having by free 



442 RECORDS OF THE COLONY OF RHODE ISLAN1>, 

1661. voate chosen you , to public office and offices for the 

^-i-'^v--'^ due administration of justice, and the execution thereof in 
his majesties name throughout the whole collony, doe 
hereby engadge ourselves to the vtmost of our power to 
support and vphold you in your lawfull performance 
thereof. 
mitte'e!"'' ^^^5 ^^^ committce, doe propose to the present Courte, 
that we conceive it most meete that the Court doe nomi- 
nate three or fower men, out of which the committee that 
shall be deputed, may chuse one or two, as will be 
thought most fit, with respecte to our present station, to- 
gether with their particular emergant occasions best con- 
descendinge as agents for England. The men nominated 
are the President, Mr. Benedict Arnold, Mr. John 
Greene, Mr. William Dyre, Mr. Randall Houlden, Mr. 
Samuell Gorton, and Mr. Roger Williams. 

Ordered, that these men named, are apoynted by this 
Court to be such out of which the select men are to make 
choyce of one or or two to be sent as agent or agents to 
England. But in case neither of the aforesayd men 
which shall be pitched on can be induced to goe to Eng- 
land, then the select men shall be at liberty to make fur- 
ther choyce in the Collony. 

Audit Ordered, that Mr. Baulston, Mr. Porter, and Mr. 

Sherman are apoynted to audite the accounts of Mr. John 
Sanford, Generall Treasurer the last year. 

The King's Thls prcsont Assembly, the Generall Court of Commis- 

authority i • i ii • i • 

acknowi- sioners, haveino;e much upon then' hearts the consideration 

eagea, with jo a 



humble 
submiasiou 
to it. 



of that dutifull obedience, legally and vnfayned humble 
affection that this Collony doth owe and beare unto the 
crowne and dignity of his most excellent majestie, our 
dread soveraigne Lord the King of England, Scotland, 
Fraunce, and Ireland ; and of all the dominiones and ter- 
ritorys thereunto belonginge ; and to which his royall 
majesties dominiones or territory and subjects, we, in all 
humble submission vnto his gracious government, doe ac- 
knowledge this Collony, with all the members thereof, to 



AND PROVIDENCE PLANTATIONS. 443 

be an vndoubted part; and consideringe withall, the great 1661. 
merceye of peace and freedome that wee enjoy vnder his '-^^^■^'^ 
most gracious protection and governmente ; as also hav- 
inge with vnexpressible joy and wonder fixed our eyes 
and mindes vpon his Majesties vnparallelled clemancie and 
favour exspressly declared vnto all his liege people, of 
what degree or condition soever, after soe great trouble 
and offences as have lately passed, as by his Majesties 
late gracious declaration it doth apeare ; which hath 
beine since also manifested by his most royall disposition, 
wholly inclyned vnto clemancye and favour towards all his 
majesties subjects in so high a mesuer and manner, as 
hath given them cause to bless the Lord for his goodness, 
and to pray for his majesties long life with honour and re- 
no wne above all the Kings under Heaven. We conclude it 
our duty without delayes, not only to show our obedience 
vnto his royall government, as we have hitherto done, both 
by publicke proclaiminge his majestic our most vndoubted 
liege Lord and soveragne ; and also humbly in the confi- 
dence of his grace and royall favour acted in his majesties 
name, but also in all humble and thankfull manner, to pre- 
sent and prostrate ourselves, and that at his Majesties 
feet, and to beseech his Majesties favourable continuation 
of his goodness vnto us, his most faythfuU, tho poore and 
vnworthy subjicks in these remote partes of the world ; 
and the better to declare our loyalty and humble sarvice 
vnto his majestic, do apoynt our trusty and well beloved 
frend and agent, to present our acknowledgments accord- 
ingly ; and to that end, doe vnanimously and cheerfully 
clesier to contribute the summe of two hundred pound 
starlinge, accordinge to money pay in this Collony, tow- ifng'comrits 
ard our sayd agents expences in the management of the ^f^^H'^ 
sayd voyage and vndertakinge in our behalfes vnto Eng- 
land, to be performed and improved with all expedition 
possible. And to the end that the sayd summ of two 
hundred pounds may be raysed with allacrity and cheer- 
full freeness ; it hath pleased the Court to motion and or- 
29 



444 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. der, that it be done by the free contribution of the well- 
'--^'--^*^ affected members of this Collony, as not doubting but tliat 
every one of them will redily therein and thereby declare, 
how abundantly gratefull it is vnto them to furder this so 
dutifuU address vnto his majesty : Whereas, if otherwise 
it had been improved and levied by a rate, it might have 
eclipsed and anticipated ther most joyfull resentation of 
this resolution. And to the end that the sumes may be 
the more impartially proportioned and raysed out of the 
fowre townes of the Collony ; the Commissioners of the 
Proportion sayd towues have agreed, that eighty five pownds of it be 
Sown7 collected of the Towne of Newport ; and forty pounds of 
the Towne of Providence ; and forty pounds of the Towne 
of Portsmouth ; and five and thirty pounds of the Towne 
of Warwicke ; and that the money may be the more farely 
collected, this Court have entrusted severall of the mem- 
bers of this Collony in each towne to take care of the 
matter, in proposing it to the severall inhabitants, and to 
take and receive their contributions for the end and pur- 
pose aforesayd : that is to say : Of the Towne of New- 

Committee ^ "^ . "^ 

contribii- poi'tj are apoynted and desired, our honored President ; 

wm offer-""^^ as also Ben: Arnold, Captain John Cranston, Mr. James 

'""'■ Barker, Joseph Torrey and Mr. Richard Tew. Of the 

Towne of Providence, Mr. William Feild, Mr. Thomas 

Harris, Mr. William Carpenter, Mr. Thomas Almy and 

Mr. Zachary Roads. For the Towne of Portsmouth, Mr. 

William Baulston, Mr. John Porter, Mr. John Sanford, 

Lieftenant Albury and Mr. John Roome. And for the 

Towne of Warwick, Mr. John Greene, Mr. John Smith, 

Mr. Randall Ilolden, Mr. John Weekes, Mr. Mathyas 

Harvie and Mr. Richard Townsend. And seeing that all 

matters cannot, in particular, be determined at this Court 

as touching the premises, as respecting what specyes the 

Selectmen coutributions are to be payd in, perticularly inasmuch as 

whauhe'" every one hath not a like sort of pay, it is therefore requi- 

*^°?f^^*"^'^sitt to leave the perticulars to the discretion of selecte 

men, two of each towne, to advise and conclude on both 



AND PROVIDENCE PLANTATIONS. 445 

the tilings and the prices that they are to be payd in ; 1661. 
beino- any sort of cattle, come, i^rovisions at the usuall ^-s-v-^i-' 

. , n How they 

prices as vamed on account of money pay, so called in this^^'^^'" ^"• 
Collony ; as also these selecte men are to agree with some 
marchant or marchants, on as reasonable termes as they 
can, to tacke the sayd cattle and provisions, and to give 
bills of exchange therefor for the use of our agents in 
England ; as also it is resolved and ordered, that ther be 
at least two of each towne deputed and impowered to ad- 
vise and consulte altogether vpon the perticular instruck- 
tions and orders to be given and committed to hee or they 
that shall be employed to England ; as also to demand 
the charter of Mr. Roger Williams, and at their discretion 
vnanimouslv ao:reein2:e to send the same, prostratino: itTodmana 

•^ *^ f. . , ^ ^ the Charles' 

and all wee have at his majesties royall wul and pleasuer, ^^\9^^^ 
oportunity and cause, presenting or requiring ; as also 
those selecte men to tacke reciprocal! engagements, 
stronge and authenticke, vnder hande and scale, of that 
parson or those parsons that shall be imployed to England, 
that they swerve not from ther instructions and commis- 
sion any way to prejudice the priviledges of the Collony, 
or of any towne therein, by, or for any sinister respecte 
Avhatsoever ; and above all, those selecte men are to draw^^^'^^'^^^ 
vp our addresses vnto his majestic, in all humble manner, addreS to 
by way of petition, in termes intreating of our dutifuU*" 
prostration at his royall feett of ourselves and services, as 
it becometh the humble subjecks of so gracious a prince ; 
as also procure the Generall Recorder's hand vnto the 
sayd addresses in the name and behalfe of the collony; as 
also what orders made, touchinge the premises, that they 
shall see fitt to have transcribed, and the coppies given to 
the sayd gentlemen or men employed to go to England, 
and those coppies to be signed by the recorder ; as also, 
that those selecte men doe desier that those of the towne 
of Warwicke, who have the keepeinge of the manuscript, 
beinge the subjection of the Narragansett Indians vnto his 
majesty, will deliver the same, to be also sent for the vse 




446 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. of the Collony, by our agent or agents in England ; and 
farder, that the Court doe order, that if the persons of 
each towne entrusted to gather the contributions above 
sayd, doe see it necessary that two gentlemen be sent on 
the premised account for England, that then if well af- 
fected persons will contribute to macke vp in all three 
hundred pound, that is to say : £127. 10s. of Newport ; 
£60. of Providence ; and £61. of Portsmouth ; also, 
£52. 10s. of Warwicke ; it is by this Court committed to 
the care of the sayd gentlemen to doe what may be most 
suitable in that matter ; as also the Court ordereth, that 
a list be taken of the monies and summes of each as con- 
tributes, that they may be put vpon record, to declare it 
to such as may thereby be incouradged and excited to 
follow such good examples for their previous service, and 
their countreyes welfare. And furder, the Court de- 
clares, that the gentlemen of each towne apoynted to give 

The form instruction to the agent or agents that are to go to Eng- 
land, and to draw up the humble addresses to his majes- 
tic are named, three of each towne ; and those three, or 
any two of them atendinge the matters in all expedition 
and season, are empowered to doe all those things per- 
tayninge to the premises, and to sett their hands to all in- 
structions, save such as the recorder was before ordered to 
signe, and such their proceedings shall be authenticke. 
The persons apoynted are the following, namely : For 

pien chosen. p^,QyjjQj;^(3g^ Mr. William Feild, Mr. Roger Williams and 
Zachery Rhodes ; for Portsmouth, Mr. Baulstone, Mr. 
John Roome and Mr. John Porter ; for Newport, the 
President and Benedict Arnold and Joseph Torrey ; for 
Warwicke, Mr. John Greene, Mr. John Weekes and Mr. 
Samuell Gorton, Sen'r ; and at least two of those three 
named for each towne are apoynted to meet together at 
Newport, to consulte and make some progresse in the 
matter, on or before the 24th day of June, now next en- 
suinge the date heareof, and if occasion be to meet 



each towne 
(o choose. 



The sclecte 



AND PROVIDENCE PLANTATIONS. 



447 



oftener, they are to apoynt their own time and pkce 1661. 
of meeting. ^-*-v-* 

It is ordered, that the Recorder have fifteene shillings 
from each towne for each coppie of this Conrt orders. 



The Generall Court of Commissioners held at Portsmouth. 
August the 21th, 1661. 



COMMISSIONERS FOR 


COMMISSIONERS FOR 


PROVIDENCE. 


PORTSMOUTH. 


Mr. Eoger Williams, 


Mr. William Baulston 


Mr. William Feild, 


Mr. John Roome, 


Mr. Thomas Olney, 


Mr. Thomas Lay ton, 


Joseph Torrey, 


Mr. John Breclges, 


Mr. Philip Tabor, 


Mr. John Tripp, 


Mr. John Anthony. 


Mr. Peter Tallman. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. William Brenton, 
Mr. Benedict Arnold, 
Captain Cranston, 
Mr. Caleb Carr, 
Mr. James Barker, 
Mr. John Gould. 



COMMISSIONERS FOR 
WARWICK. 

Mr. John Greene, 
Mr. John Weekes, 
Mr. John Smith, 
Mr. John Porter, 
Mr. William Dyre, 
Mr. Thomas Brownell, 



The President chosen Moderator. 



Ordered, that Mr. Arnold's letter received from Mr. 
John Clarke, shall be read in the public Court. 

Ordered, that Mr. John Clarke's letters to the Collouy 
shall be opened and read. 



448 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. Ordered, that the letters that have been read, that 
^^-^"^""*^ come from Mr. John Clarke, are committed to the 

Recorder. 
de^nt^o^take Ordcrcd, that the moneys that is in this present Court 
money. *" Ingadgod, shall be brought vnto the President ",vithin six 

dayes, who is desired to take care thereof, and send it to 

Mr. John Clarke, our agent in England. 
Committee Ordcrod, that Mr. Arnold, Mr. Dyre, and Joseph Tor- 

to draw up •' j. 

fhanK ^'^J' ^^'^ desired to draw vp a letter to jMr. John Clarke, 

Clarke!"" of thankfullncss, and to draw out his commission that was 

drawn up at the Courte at Warwicke, October the 18th, 

1660 ; wdiich are to be signed by the President, and 

sealed with the scale of the Collony. 

The sums to Ordcrcd, that two men of each towne be chosen to see 

be paid by 

to's'^end'tr what monies they can rayze in the severall townes, to be 
Mr. Clarke. ^^^^^ ^^ ^/^^^ Joliu Clarkc ; and what monies they can 
rayze or procuer, shall be accounted double to any other 
pay : that is to say, for everie twentie shillings in old 
England moneye, to be equivalent with forty in other paye 
of what they promised. And whereas there was a former 
gathering for to send two agents to England, and it was 
thought that three hundred pound was convenient ; It is 
now ordered, and thought fitt that two hundred pound be 
rayzed, and returne of it made vnto Mr. John Clarke for 
his incouradgment to go on in our business ; and that this 
moneye is to be proportionably rayzed vpon the fowre 
townes, accordinge to the former proportion that was 
thought meet from each towne to be razyed, that is to 
say : of the Towne of Newport, eighty five pound ; of the 
Towne of Providence, fortie pound ; of the Towne of 
Portsmouth, fortie pound ; of the Towne of Warwick, 
thirty sixe pound, sixtecne shillings, and eight pence. 
The men who are nominated for this purpose, are : 
for Providence, Mr. Roger Williams and Mr. Zachary 
Rhodes ; for Portsmouth, Mr. William Baulston and Mr. 
John Porter ; for Newport, Mr. James Rogers and Mr. 
James Barker i for Warwick, Mr. John Smith and Mi\ 



AND PROVIDENCE PLANTATIONS. 449 

John Weeks ; and what money they can or doe gather, 1661. 
they are to bringe in vnto Mr. Brenton or Mr. Arnold, ^-*^>^^"*^ 
who are desired to reseve the same, and convey it vnto 
Mr. John Clarke. 

Ordered, that a coppie of this Courte orders shall be 
sent to each towne. 

Ordered, that the Recorder shall have five shillings for 
each coppie of this Courtes proceedings. 

The petition that was presented by Mr. William 
Vaughan, John Coggeshall, and the reste with them on 
account of their proceedings at Askomicutt, by approba- 
tion of the Courte, was granted. Against this vote, Mr. ' 
William Brenton and Mr. William Baulston enter their 
protest. 

To the Honored Gentlemen of the Court of Commission- 
ers assembled together in his Majesties name, for the 
Collony of Providence Plantations, at Portsmouth, the 
2Tthday of August, 1661. 

Please ye honored gentlemen : 

There being an opportunty or presentmente petuion of 
of a sartaine piece or tracke of land lately discovered orvaug^Tn 

^ . . and others 

made knowne, which tract of land lyeth, or is situated in^°°°™|g 
the fardest or remotest corner of this Collonies jurisdick- |foni-c„tt.- __ 
tion, called by the name of Askomicutt, which tracke of 
land is faierly promised or ingaged to a sartaine number 
of adventurers vpon the designe of purches of it ; which 
adventurers are members of this Collony, and well- 
wishers therto ; who desier to doe nothinge that shall 
prove prejudisiall to the intrest and honor of the Collony's 
preveledges or advancements, but are now confrontinge 
the adversaries of the Collonie, which by a specie of in- 
trusion are seekinge to macke inroads vpon our preve- 
ledges of Collonies jurisdiction. The premises being con- 
sidered, your petitioners are bold vnder correction to pray, 
in case we can macke the adversarie, which is both to 
Collonie and vs, anxious to retreatt, which we question 



450 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. not, in poyntte of right and title from the natives ; there- 
"-^"^^"^^fore, Ave beinge willinge to procecle in all poynts of legal- 
lity that may suit with the advance and honner of the 
CoUony, we humbly crave your favourable approbation, 
countenance and assistance to vs in the settlinge of a 
Plantation or Towneshipe, in or vpon the abovesayde tract 
of land called by the name of Askomicott, which number 
of persons may probably extend to the number of thirtie, 
fortie or fiftie, or ther aboute, which we are theance to 
inhabitt, whearof many of whom are persons constrained 
to make inquisition and seecke for lande for a comfortable 
, livelyhood. So, honored gentlemen, if it be your pleas- 
ures to graunte your petitioners request or petition as wee 
are, so wee subscribe and remaine your humble petitioners 
and sarvants to our power for ourselves, and in the behalfe 
of the rest of our company.* 

Joseph Torrey, Hugh Hosier, 

John Cranston, James Barker, 

AVilliam Vaughan, Caleb Carr, 

John Coggeshall, James Rogers. 

John Crandall, 



* The followiug is a copy of the Book from Records of the original jn'oprie- 
tors of Westerly. 

■ A copy of the Purchase of So-cho, the true owner of Misquamacoclc. 

This deed or writiug, bearing date this present twenty-ninth day of June, 
one thousand six hundred and sixty, witnesseth : That T. Socho, an Indian 
Captain of Narraganset, being the true and lawful owner of a tract of land 
called Misquamicoke, for a valuable consideration in hand paid to my con- 
tent, have bargained and sold unto William Yaughan, Robert Stanton, John 
Fairfield, Hugh Moshur, James Longbottom, all of Nuport in Rhode-Island 
and others their associates, which said tract of land being bounded as follow- 
eth. Easterly by a place called "Weecapaug or Passpatanage, joining to the 
Nianticut land, on the South by the main sea, on the West by Pawcatuck 
river, and so up the chief river or stream northerly and northeasterly to a 
place called Quequatuck or Qucquachanocke, and from thence on a straight 
line to the first named bounds called Wecapoag or Patchatanage joining upon 
the Nianticut land, as abovesaid ; which said tract of land so butted and 
bounded as aforesaid, I, the said Socho do for myself, my heirs, executors. 



AND PROVIDENCE PLANTATIONS. 461 

[The following clocnment, -svliicli refers to the contro- 1661. 
versy tween Plymouth and Rhode Island to jurisdiction of ^-'-^^'^*-^ 
certain districts, is found in Hazard's State Papers, vol. 
ii., p. 418.] 

Letter from Plymouth Colony to Rhode Island, reJaMve to 
the jurisdiction claimed by Massachusetts. 

Vpon Complaint made by Capt: Goken and diners Pe- 
quot Indians, and some from Road Hand, interested them- 
selues in their posessions vpon Pautuckett Riuer, as alsoe 
[the protest] the Narragansett Sachems Companie, Against 
Sam'l Wilbore and his Companie, and pretending a protest 
against theire proceedings, which they desired might bee 
kept amongst the actes of the Comissioners ; and accord- 
ingly is left on file at Plymouth ; and this following let- 
ter was sent to the Gouernor of Road Hand : 

Loueing Frinds and Naighbours : 

Wee haue lately Receiued Information and Complaint 



administrators, and assigns, surrender up all right, title, claim or interests 
whatsoever to the said land, or any privilege appertaining to the said land 
fully instating the said William Vaughan, Eobert Stanton, John Fairfield, 
Hugh Mosier, James Longbottom and their associates, their heirs, executors^ 
administrators or assigns, to the said land and proprieties thereof, to the 
worlds end. In witness whereof, T, the said Sosoa, have set to my hand and 
seal, the year and date abovesaid.* 

The mark of 'ZZlZli SOSOA. ViT^l 

Sealed and signed in presence of 
Jeremy Clarke, 
Latham Claeke, 
Hexry Clark, 
Awashwasu r— his mark. 
The mark "W of Nucum, Interpreter, 
George Webb, 
George Gardixer. 



* The records from wMcli this is copied, contain many testimonies confirming the 
purchase of these lands from the Indians, all whicli are printed by Mr. Potter in his 
History of Narragansett, R. I. Hist. Coll. Providence, 1835, p. 2-12. 



452 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G61. from the English and Indians our Subjects, that seuerall 
--*'"^'""*-' of youer Inhabitants begine to plant and settle themselues 
(vpon what pretence we know not) neare Pautuckett, and 
the Pequot Contrey being the vndoubted Right of those 
English Collonies that Conquered that bloody Nation, and 
some yeares since that part of the Countrey was assigned 
by the Comissioners of the vnited Collonies to the Gouer- 
ment of the Massachusetts for theire share and Interest in 
tliat Conquest, and by them disposed of in Townshipes and 
farmes ; w^ee cannot therefore but account the Intrusions 
of youer people to bee uery Insolent and Injurious to all 
the Collonies; but especially to the Massachusetts, whom 
it doth more imediately concerne, and doe hereby protest 
against the said persons and theire proceedings, hopeing 
youer Gouerment will neither owne nor countenance such 
vnrighteous dealings ; but will with vs protest against the 
same, and cause youer people to desist ; that soe peace 
and good agreement may bee preserued betwixt youer 
selues and the vnited Collonies ; if any doe pretend 
Right vnto and Interest in the said lands, they may make 
knowne theire clainie to the Gouernment of the Massa- 
chusetts, where they wilbee equally heard and answared, 
the neglect wherof, and persisting in the aforsaid proceed- 
ings, will vndoubtedly cause a suddaine breach betwixt 
youerselues and vs, which wee desire may bee pre- 
uented ; seuerall alsoe of the Sachems of Nianticke and 
Narragansett, viz.: Moses allis Sucqcash Ninnegret Stul- 
cop and Weeweekeuett, allis Gedion, pretended att our 
. meeting a protest against Samuell Wilbore and his Com- 
panie, for theire injurious possessing themselues, as they 
aledge, of a certain Tract of land about Point ludith, 
vpon pretence of purchase, which the said Sachems vtter- 
ly deny, desireing that incase Wilbore and his Companie 
will not submit the said difference betwixt them, the said 
Sachems to a faire tryall before eqvall and Indifferent 
Judges, which it seemes they haue Refused that it may 
not bee ofFenciue to vs, that they driue away theire Cattle 



AND PROVIDENCE PLANTATIONS. 453 

and force tliem to desist ; of this wee thought meet to 1G61. 
giue you Intelligence, requesting youer care and best '-^'"•''■'*^ 
Indeauor to keep youer people from Injuring the heathen 
or others which they may draw vpon youer selues and vs 
vncomfortable consequences. Wee shall not farther de- 
taine you att present, but Eemaine youer louing Frinds, 
The Comissioners of the vnited Collonies.* 

THOMxYS PRENCE, Presedent. 
Plymouth, the 13. Septem; 1661. 

* From the files of the General Court of Massachusetts. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Additional papers relating to the jurisdiction of the Pequof 
Country. 

Protest of the Narragansett Indians against Samuel Wildbore. 

Wemosit, otherwise Suckquansli, Ninccraft, Quequakanut, otherwise Gid- 
eon, Chiefe sachems of the Narragansetts and Neantick countrie, having re- 
ceived much injurie by Samuel Wildbore and others of his conipauie, they'pre- 
tendiug titel to Point Jude and other lands adjoining, and have endeavoured 
to possess themselves forceably of the same, both by building and bringing cat- 
tell, we having given them warneing to the contrary, and they not taking 
warning, nor iudeavoured to theire cattell from all the lande, but, on the con- 
trary resisting, and one of their number presuming to shoot off a gun at us. 
Now we knowing that we have not sould them any land there, and being thus 
injuriously dealt with withal by them, we are forced to make complaint to your- 
selves by the Commissioners of the United Collonies, hereby protesting against 
the said Samuel Wildbore and companie for thsir so unjust actings, and crave 
that this, our protest, may be received by you, and kept upon recorde by you 
as our acts and deeds, and crave that it may not be offensive to any English, 
if that Samuel Wildbore and his companie will not come to any faire trial 
either before yourselves, or some other indifferent judges, if then we endeavour 
to drive their cattle away, or take any course whereby we dispossesse them. 
That this our acte and deed we have put to our marks and seals in the presence 
of these witnesses, this ninth of September, 1662.* 

PowTUCK, (3 his mark. Y^ mark of Nineckaft -,- . 

Y' mark of Bijieleck, Ruben Millis R 

^ Interpreter. interpreter. 

Y° mark of Ecoxickamuck. Y^ mark of Scutabe L^^^ 
V alias Joun, interpreter. 

Y" mark of Joiix Lipott 1. 

Y' mark of QuEQUEGusEWET, '1^ alias Gideon. 






Y" mark of Masipe mok alias Susquansii. 

[Additional papers connected with the dispute as to the jurisdiction of lands 
in the Narragansett country, copied from the files of the General Court of 
Massachusetts, and referred to in the official letters of the General Courts of 
the Colonies of Massachusetts and Rhode Island, in this volume.]! 

* From the files of the General Court of Massachusetts. 
t These papers were several since transcribed for the Rhode Island Historicel So- 
ciety, from which these copies are taken. 



AND PROVIDENCE PLANTATIONS. 455 

William Chesbroiigh and his three sons^ tcstlmonij 1661. 

The testimony of William Chesbroiigh, aged about C6 years, taken upon 
oath the 3d of September, 1661 ; testifyeth that about the middle of Septem- 
ber, 16G1, this deponent with three sons, Samuel, Nathaniel and Elisha, be- 
iuge all men growue, were occasioned to goe abroad upon his afiaires, and un- 
derstanding that divers persons, about thirty six inhabitants of Eoad Island, 
were come into the bounds of Southertowne, to lay claime unto the lands on 
the east side of Pawciuatuck, with the bounds of Southertowne, to divide and 
lay out lotts in the same. This deponent, with his sous aforesaid, repaired un- 
to them, at the house of Thomas Shaw, the ordinary keeper (were they were), 
and they found divers of them, among whom was principal, Benedict Arnold, 
Senior, Edward Dyre and Capt. Cemigrave, unto whom this deponent spake, 
demanding the reason of their intrusion into other men's rights ; telling them 
those lands were within the bounds of Southertowne, and appropriated to 
severall persons. Benedict Arnold and others named, said, in way of answer 
many things impertinently, the sum whereof was, that they owned themselves 
to be the men that claimed the lands, and said they would keepe possession, 
and that they would not try their title any where but in Road Island, or in 
England ; and Arnold said that if any should attach him at Boston, he would 
lie in prison seven years before he would try the title there. 

Taken upon oath the day and yeare abovesaid, before me, 

DAXIEL GOOKIX. 

Samuel, Nathaniel, and Elisha Chesbrough, afSrmed upon oath to the truth 
of the abovesaid before me. DAXIEL GOOKIX. 

30th, 7th month, 16G1. 

Warrant. To the Constable of Southertowne : 

Whereas, wee are informed of sundry rude fellows, that contrary to the 
peace of our soveraigne Lord the King, &c., of this Collony, have, in a riot- 
ous manner entered upon, and taken possession of the lands of sundry of our 
inhabitants in the bounds of your towne. These are to require you, in his 
Majesties name to apprehend all such persons, and safely convey them before 
some of the magistrates of this jurisdiction, to give an accompt of such their 
proceedings ; and hereof you are to make a true returue under your hand, and 
not to faile. Dated 25. 8 month, 1G61. 

Signed by JO. EXDICOTT, Govr, 

EI. BELLIXGHA:\L Dep. Gov'r, 
DAXIEL GOOKIX^. 

Endorsed, xiccording to the trust coraittcd to me, I have arrested three 
men, viz. : Tobias Saunders, Robert Burdett, and Joseph Clarke, which last 
upon extraordinary occasion was, by the Commissioners and constable, set at 
liberty. Dated the 1st of November, 1661. 

WALTER PALMER, Constable. 

NARRATIVE. 

The im of 9th month [November], 1661. 
Present, Mr. John Endicott, Gov'r, Mr. Richard Bellingham, Boston j 
Capt. D. Gookin. 



456 RECORDS OF THE COLONY OF RHODE ISLAND, 

16G1 Tobias Saunders, aud Robert Burdett being brought prisoners by virtue of 

a warrant from tlie Governor aud magistrates for a forcible entry and intru- 
sion into the bounds of Southertowne, in the Pequot country, upon severall 
men's properties, granted to them by the Generall Court of this jurisdiction, 
who upon being examined by what order or authority they were there, Tobias 
Saunders answered, that ihe Court of Road Island gave liberty for certayne 
of their inhabitants to purchase lands of the Indians, and that these lands were 
purchased by them. Upon which ground, that they soe came upon the afore- 
said lands, being required to shew some order from their court appointing them 
to possess those lands, they said they had none. Being asked whether they 
had understood that w^arning was given both by the Commissioners of the 
United Collonyes aud from the Commissioners of Southertowne to depart out 
of those lands, aud out of the bounds of said towne, Tobias answered that they 
had heard of such warning. Being asked why he did not desist, Tobias an- 
swered, that they lookt upon the lands to be their right, and therefore they 
abode upon them, and confessed he v/as upon it when the constable appre- 
hended them. 

Robert Burdet being examined, acknowledged that he was upon the same 
land, and built a small house there, upon the lott layed out to him ; and that 
he went upon this designe, upon the sam.e grounds as are declared by Tobias 
Saunders. 

Tobias Saunders and Robert Burdett being tcld that they must give securi- 
ty to the value of one hundred pounds a peece, to answer what shall be ob- 
jected against them at the next Generall Court, otherwise to bee comitted to 
prison, they refused to find security and were comitted. 

Joseph Clarke of Road Island, who was also apprehended in the company of 
the two former persons, being all there in company, was released by the Con- 
stable upon a very urgent occasion. 

Warrant for commitment. 

The Keeper of the prison of Boston. You are hereby required to take into 
your custody the bodyes of Tobias Saunders and Robert Burdett of Rhode 
Island, and them safely to keepe, uutill they find suflicient security, to the val- 
lue of one hundred pounds a piece, to answer the next Generall Court, to be 
holden at Boston in May next, for forcible entry and deteyningof possession of 
lands belonging to the Collony of Massachusetts within the bounds of South- 
ertowne in the Pequot country, to the endamageing men's lives contrary to the 
peace of our sovereign Lord the King. 

JOHN EXDICOTT, Govt, 
RICH'D BELLINGHAM, 
DANIEL GOOKIN. 

All this was read in open Court, which the said Saunders and Burdett 
owned in Court to be the truth ; they also owned that they heard that severall 
Providence men did lye in wait to intercept and seize y' Constable and Depu- 
ty, with such as came with them to prison as they returned, which they had 
donnc, but they being gone to dinner missed them. 

E. R[AWSON], Secretary. 



AND PROVIDENCE PLANTATIONS. 457 

Names of those that brought the prisoners, Thomas Minor, Elihu Palmer, 1GG1_ 
and Elisha Chesbrough. .^^^ .-^c,- 

Claim of Connecticut to the Pcquot Counirij. 

In the proceedings of the Generall Assemljly of Connecticut, held at Hart- 
ford, October 9, 1662, appears the following. 

It is ordered by this Court, that y° inhabitants of Mistick and Pawcatuck 
shall from henceforth forbeare to exercise any power by virtue of any former 
commissions from any other CoUony ; and in case of dirferences that arise, 
they repaire for help to y" Deputy Governor, Major Mason, and that they 
chuse a constable for the yeare ensuinge, and that the said constable to repaire 
to worshipful Deputy Goveruours to take his oath. And they are required 
by this Court to pay in unto Mr. James Rogers and Lieutenant Sani'l Smith 
and Engsigne Avery, for and in behalfe of the charge of our charter, the sum 
of twenty pounds, as their town proportion ; two thirds in wheat, at 43. per 
bushel, and one third in pease at 3s. per bushel, by the last of November next. 
The Court orders Lt. John Allyn in the name of the Court to send a warrant 
to Mr. Thomas Stanton to attend this order, and if he refuse, Peter Blatchford 
is to gather your rate and to distrayne according to the order of the Generall 
Court. Public Records of Connecticut, vol. i. p. .389. 

Extracts from a Letter from Roger Williams to Major Mason, relative to the 
jurisdiction of the Pccfcot country. 

IMajor Mason, 

Fourth. When the next yeare after my banishment, the Lord drew the 
bow of the Pequot war against the country, in which, sir, the Lord made 
yourself, with others, a blessed instrument of peace to all New England, I had 
my share of service to the whole land in that Pequod business, inferior to verv 
few that acted, for, 

1. Upon letters received from the Governor and Council at Boston, re- 
questing me to use my utmost and speediest endeavors to break and hinder the 
league labored for by the Pequods against the Mohegaus, and Pequods against 
the English (excusing the not sending of company and supplies, by the haste 
of the business), the Lord helped me immediately to put mj life into my hand, 
and, scarce acquainting my wife, to ship myself, all alone, in a poor canoe, and 
to cut through a stormy wind, with great seas, every minute in hazard of life, 
to the sachem's house. 

2. Three days and nights my business forced me to lodge and mix with the 
bloody Pequod ambassadors whose hands and arms, methought, wreaked with 
the blood of my countrymen, murdered and massacred by them on Connecticut 
river, and from whom I could not but nightly look for their bloody knives at 
my own throat also. 

3. When God wondrously preserved me, and helped me to break to pieces 
the Pequods' negociation, and design and to make,' and promote and finish, by 
many travels and charges, the English league with the Narragansetts and Mo- 
hegans against the Pequods, and that the English forces marched up to the 
Narragansett country against the Pequods, I gladly entertained, at my house 




RECORDS OP THE COLONY OF RHODE ISLAND, 

in Providence, the Grcneral Stoughton and his officers, and used my utmost 
care that all his officers and soldiers should be well accommodated -with 
us. 

4. I marched up with them to the Narragausett sachems, and brought my 
countrymen and the barbarians, sachems and captains, to a mutual confidence 
and complacence, each in other. 

5. Though I was ready to have marched further, yet, upon agreement that 
I should keep at Providence, as an agent between the Bay and the army, I re- 
turned, and was interpreter ai:d intelligencer, constantly receiving and sending 
letters to the Governor and Council at Boston, etc. 

o. Considering (upon frequent exceptions against Providence men) that wc 
had no authority for civil government, I went purposely to England, and upon 
my report and petition, the Parliament granted us a charter of government for 
these parts, so judged vacant on all hands. And upon this, the country about 
us was more friendly, and wrote to us, and treated us as an authorized colony ; 
only the difference of our consciences much obstructed. The bounds of this, 
our first charter, I (having occular knowledge of persons, places and transac- 
tions), did honestly and conscientiously, as in the holy presence of God. draw 
up from Pawcatuck river, which I then believed, and still do, is free from all' 
English claims and concjuests ; for although there were some Pequods on this 
side the river, who, by reason of some sachems' marriages with some on this 
side, lived in a kind of neutrality with both sides, yet, upon the breaking out 
of the war, they relinquished their land to the possession of their enemies, the 
Narragansetts and Nianticks, and their land never came into the condition of 
the lands on the other side, which the English, by conquest, challenged ; so 
that I must still affirm, as in God's holy presence, I tenderly waved to touch a 
foot of lapd in which 1 knew the Pecjuod wars were maintained and were pro- 
perly Pequod, being a gallant country ; and from Pawcatuck river hitherward, 
being but a patch of ground, full of troublesome inhabitants, I did, as I 
judged, inoiFensively, draw our poor and inconsiderable line. 

It is true, when at Portsmouth, on Rhode Island, some of ours, in a General 
Assembly, motioned their planting on this side Pawcatuck river. I. hearing 
that some of the Massachusetts reckoned this land theirs, by conquest, dissaud- 
ed from the motion, until the matter should be amicably debated and com- 
posed ; for though I questioned not our right, <fec., yet I feared it would be 
inexpedient and offensive, and procreativc of these heats and fires, to the dis- 
honoring of the King's Majesty, and the dishonoring and blaspheming of God 
and of religion in the eyes of the English and barbarians about us. 

6. Some time after the Pequod war and our charter from the Parliament, 
the government of Massachusetts wrote to myself (then chief officer in this 
colony) of their receiving of a patent from the Parliament for these vacant 
lands, as an addition to the Massachusetts, &c., and thereupon requesting me 
to exercise no more authority, &c., for, they wrote, their charter was granted 
some few weeks before ours. I returned, what I believed righteous and 
weighty, to the hands of my true friend, Mr. V/inthrop, the first mover of my 
coming into these parts, and to that answer of mine I never received the least 
reply ; only it is certain, that, at Mr. Gorton's complaint against the Massa- 
chusetts, the Lord lligh Admiral, President, said, openly, in a full meeting of 
the commissioners, that he knew no other charter for these parts than what 



AND PROVIDENCE PLANTATIONS. 459 

Mr. Williams bad obtaiDed, and he was sure that that charter, which the Mac- 1661. 
sachusetts Englishmen pretended, had never passed the table. ^^-v-^-' 

7. Upon our humble address, by our agent, Mr. Clarke, to his Majesty, and 
his gracious promise of renewing our former charter, Mr. Winthrop, upon 
some mistake, had entrenched upon our line, and not only so, but, as it is said. 
upon the lines of other charters also. Upon Mr. Clarke's complaint, your 
grant was called in again, and it had never een returned, but upon a report 
that the agents, Mr. Winthrop and Mr. Clarke, were agreed, by meditation of 
friends (and it is true, they came to a solemn agreement, under hands and 
seals), which agreement was never violated on our part. 

8. But the King's Majesty sending his commissioners (among other of his 
royal purposes) to reconcile the differences of, and to settle the bounds be- 
tween the colonies, yourselves know how the King himself therefore, hath giv- 
en a decision to this controversy. Accordingly, the King's Majesty's afore- 
said commissioners at Ehode-Island (where, as a commissioner for this colony, 
T transacted with them, as did also commissioners from Plymouth), they com- 
posed a controversy between Plymouth and us, and settled the bounds between 
us, in which we rest. 

9. However you satisfy yourselves with the Pequod conquest : with the 
sealing of your charter some few weeks before ours ; with the complaints 
of particular men to your colony ; yet upon a due and serious examination of 
the matter in the sight of God, you will find the business at bottom to be, 

First, a depraved appetite after the great vanities, dreams and shadows of 
this vanishing life, great portions of laud in this wilderness, as if men were in 
as great necessity and danger for want of great portions of land, as poor, hun- 
gry, thirsty seamen have, of a sick and stormy, a long and starving passage. 
This is one of the gods of New-England, which the living and most high Eter- 
nal will destroy and famish. 

2. An unneighborly and unchristian intrusion upon us, as heiug the weak- 
er, contrary to your laws, as well as ours, concerning purchasing of lands 
without the consent of the General Court. This I told Major Atherton, at 
his first going up to the Narragansett about this business. I refused all their 
proffers of land, and refused to interpret for them to the sachems. 

********* 

Yourselves pretend liberty of conscience, but alas i it is but self, the great 
god self, only to yourselves. The King's Majesty winks at Barbadoes, where 
Jews and all sorts of Christian and Antichristian persuasions are free, but our 
grant, some few weeks after yours sealed, though granted as soon, if not before 
yours, is crowned with the King's extraordinary favor to this colony, as being 
a banished one, in which his Majesty declared himself that he would experi- 
ment, whether civil government could consist with such liberty of conscience. 
This his Majesty's grant was startled at by his Majesty's high officers of state, 
who were to view it in course before the sealing, but fearing the lion"s roaring, 
they couched, against their wills, in obedience to his Majesty's pleasure. 

Some of yours, as I heard lately, told tales to the Archbishop of Canter- 
bury, viz.: that we are a profane people, and do not keep the Sabbath, but 
some do plough, &c. Bat, first, you told him not how we suffer freely 
all other persuasions, yea the common prayer, which yourselves will not 

30 



i60 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. suffer. If you say you will, you coufess you must suffer more, as 
we do. 

-;<- ******** 

Sir, I am your old and true friend and servant. 

E. W. 
To my honored and ancient friend, Mr. Thomas Prince, Governor of Ply- 
mouth Colony, these present. And by his honored hand this copy, sent 
to Connecticut, whom it most concerneth, I humbly present to the General 
Court of Plymouth, when next assembled. 

Loving friends and neighbors, 

Divers of yourselves have so cried out, of the contentions of your late meet- 
ings, that (studying my quietness) I thought fit to present you with these few 
lines. Two words I i^ray you to consider. 

* * * s * « * * * 

Let us consider, if Xiswosakit and Wayuuckcke, and laud thereabout, may 
not afford a new and comfortable plantation, which we may go through with 
an effectual endeavor for true public good. To this end, I pray you consider, 
that the inhabitants of these parts, with most of the Coweset and Nipmucks, 
have long since forsaken the Narraganset sachems, and subjected themselves 
to the Massachusetts. And yet they are free to sell their lands to any whom 
the ISIassachusetts shall not protest against. To this end, observing their often 
flights (afud to stop their running to the Massachusetts) , I have parlied with 
them, and find that about thirty pounds will cause them to leave those parts, 
and yield peaceable possession. 

Tours, to serve you, 

ROGER WILLIAMS. 

27, S, 60 (so called). 

Letters from the Ge^icrall Court of Massachusetts to Rhode Island during the 
interval of the General! Courts. 

Gentlemen and Neighbours : 

Upon complaynt made unto us of an injurious disturbance and intru- 
sions by some persons pretending to belong unto your government in 
claiming and takeing possession of certain lands in the Pequot Country, 
with the bounds of Southertowne, the which lands have long since been 
granted unto and possessed by sundry of our people, of which disturb- 
ance you have already been informed by the Honoured Commissioners 
of the United Collonies, as also by the Governour and some other magis- 
trates of this Collony, as doth appear to us by the coppies of their letters 
presented to this Court, of which at present there hath been no cleere 
answer returned from yourselves. Now therefore wee, for our parts be- 
ing desirous to prevent future disturbance, and that love and peace 
might still be continued between you and us, have thought meet once 
more to signify unto you our desire, that by the first opportunity you 
would be pleased to give us your full and cleere answer, whether you 
v/ill justify any oryur inhabitants in such your proceedings ; or that 



AND PROVIDENCE PLANTATIONS. 461 

otherTrise on your neglect thereof, we shall be forced to interpret your 1661. 
silence as an approbation of them therein, and shall further consider by .^ ^ -, ^^. 
what meanes wee may provide for our defence and protection of our peo- 
ple in their just rights. 

The magistrates have passed this as a letter to be sent to Eoad Island 
from this Court, if their brethren, the Deputies consent hereto. 
Consented to by the Deputies. 

EDW. EAWSON, Secretary. 
WILLIAM TOKREY, Clerk. 
December 3, 1G61. 



Letter from tJu Massachusetts to Rhode Island. 

Gentlemen : 

Wee have once and againe sent unto you concerning disturbance given 
by some of your people to our inhabitants at Pawcatuck or Souther- 
towne, in the Pequot country, but have hitherto received no answer ; 
therefore being very desirous to prevent the ill consequences of such 
proceedings, do againe, by these bearers, Mr. Edward Hutchinson, Mr. 
William Hudson and Mr. Amos Richardson, or any two of them, further 
signify unto you, that besides what we formerly wrote, we have a Char- 
ter and Pattent from the Lord of Warwick, and divers other Lords and 
Commons (impowered thereunto by Parliament), of all that tract of land, 
from Pequot River to Plymouth line, with power of government there 
granted unto the Governor and company of the Massachusetts, their 
heirs and successors forever ; which grant is antecedent unto yours from 
the said Lords, some months, as may apeare. This we thought meet to 
acquaint you with, and hereby to inhibit you or any of yours to possess, 
improve or exercise government within any part of the aforesaid tract ; 
and that you forbid any of yours to disturbe or molest any of the people 
of this jurisdiction, who, either by grant from home or Indian title, or 
both, stand possessed or lay claime unto any of the said lands ; but if, 
notwithstanding this or former warning, you or yours shaU do contrary, 
we do hereby declare and protest against the same, and shall account it 
our duty to make good our rights against the unjust intrusions of you or 
any of your people by all lawfuU and due meanes. So desireing your 
answer by these bearers, with our respects presented.* 

Wee remaine, desiring to continue your loving friends and neigh- 
bours. E. R[AWSON], 

By the name and by appointment of the Court. 

Votted, to be sent to the Government of Providence Plantations and 
Rode Island, by the messengers above named, as an act of the Council, 
to be signed by the Secretary. 

Dated in Boston, 8th March, 1662. 



From the files of the General Court of Massachusetts. 



462 RECORDS OF THE COLONY OF RHODE ISLAND, 

iDOl. Letter from the General Court of Massachusetts to Rhode Island. 

Gentlemen : 

Our affection and peace and a faire correspondence with you puts ua 
upon a condescention far beneath our own reason and your justice of our 
cause, once more to emit this our last letter to you, concerning the unjust 
molestation and intrusion of some of your inhabitants upon the undoubt- 
ed rights of this jurisdiction and the inhabitants thereof, in their grants 
and possessions in the Pequott and Narragansett country, upon pretense 
of authority from your Court and purchase from the Indians ; but pro- 
duceing no deed, record, order or coraission for warranting the same, 
wherein we conceive they act directly against reason, righteousness, pre- 
cedent, grant from England, cleere conquests, purchase and possession. 

It is not unknowne to yourselves what meanes have been used from 
time to time, both by the Commissioners of the United Collonies, by the 
Governourand Magistrates, Gcnerall Court and Councill of this jurisdic- 
tion, by their severall letters, to desire you to cause your people to desist 
from such proceedings, and exert your authority for the suppressing of ^ 
injustice, )iut to this day I have received no satisfactory or pertinent an- 
swer in the premises, which gives us ground to suspect, that you (at 
least) indulge them in their proceedings. You may hereby take notice, 
that two of your people, namely, Tobias Saunders and Robert Burditt, 
being long since taken on the place, and secured by us to answer their 
trespasse ; we have now called them before this Court and find nothing 
from them to justify their proceedings. This Court hath therefore fined 
them £40 for your offence towards satisfaction of y' charges expended in 
conveying them before authority ; and that they stand committed to 
prison till your fine be satisfied, and security given to y' Secretary to y^ 
value of one hundred pounds for your peaceable demeanour towards all 
y° inhabitants of this jurisdiction for y'' future ; which sum is short of y' 
expences and charges to bring them to their triall, for which they stand 
committed untill theire fine be satisfied. We have also bin informed 
by our messengers to you that you have constituted a constable, and by 
a warrant under the hand of your President, require him to exercise that 
office at Petacomscott in the Narragansett country, purchased by some 
of our people, and within the limits granted to us by Pattent. 

We cannot but protest against such injurious intrusions, and shall be 
necessitated to provide against them, unless your own prudence do pre- 
vent, of which we are not hopeless, supposing your warrant might be is- 
sued out before the receipte of a letter from our Council in March last, 
which, if it had followed you, would easily have granted to have ben too 
hio-h a provocation; and not being recalled after our claime and right so 
often made knowne, will put us out of hope and expectation of fair and 
friendly dealings. 

And we do hereby signify unto you that unless you command of your 
inhabitants that yet continue their possessing at Southertowne and Pet- 
tescomscott [to leave] before the last of June next, you may expect we 
shall not continue to neglect the rclicfc an.l prntoctinn of our people tlius 
molested, and shall account it our duty to secure all such persons and 



AND PROVIDENCE PLANTATIONS. -i63 

-estates of yours as shall bo found within our jurisdiction untill all just 1661. 
damages be satisfied. But we heartily and earnestly desire may be ,,_^.>,^,-^^ 
avoyded by your prudent care and justice, and that peace and good gov- 
ernment, may, for the future, be preserved between us. So with our re- 
spects to you presented. 

We remayne your loveing friends 
and neighbours. 

E. K., Secretary. 

Boston, 10th, 3d mo. 1662. 

By order and appointment of y' Clenerall Court of the Massachusetts. 
The Magistrates have passed this with reference to the consent of their 
brethren y'' Deputies hereto.* 

EDW. RAWSON, Secretary. 



[In the files of the State Paper office in Massachusetts is found the fol- 
lowing document connected with the jurisdiction of the Pequot country, 
which, though it appears to be official, is not alluded to in the Rhode Is- 
land Records. A copy, transcribed, is among the manuscripts of the R. 
I. Historical Society.] 

At a Generall Court begun the 20th of May, 1662, holden at Warwicke, 
in his Majesty's name for the Collony of Providence Plantations, in the 
14th yeare of the raigne of our soveraigue Lord, King Charles the Sec- 
ond, of England, Scotland, &c. 

Ordered, by the authority abovesayd, that the following prohibition be 
signed by the Recorder, and sent unto Capt. Daniel Gookin, and to every 
other person that it may concerne, viz.: 

Whereas the Court is informed that you, the abovenamed Captaine 
Danyell Gookin, or any other person or persons, not having the leave of 
this Collony's Court, are endeavouring to force into this jurisdiction and 
to take possession of lands within the same at or about Pawcatuck, alias 
Mi*quamacott, by building, fencing, planting and otherwise, which your 
forceable entrance, being wholly without the leave, and contrary to the 
minds of this Collony, is, in a very high degree contrary unto the peace, 
crowne and dignity of our Lord the King. 

And therefore you, and every of you are in his Majesty's name re- 
quired to desist from and forbeare such intrusions on these his subjects 
rights and privileges, untill his Majesties express order shall determine 
herein ; and if you have begun any buildings, fencings, &c., in the fore- 
mentioned tract, you are to remove your habitation and decline and for- 
beare any further or future possession, in any pa,rt or parts of the prem- 
ises, as you will answer the contrary at your own perill, in case you 
refuse or neglect immediately upon the sight hereof to give over your 
forceable entry and possession as aforementioned. 

Given under my hand, by order of the Generall Court. 

JOSEPH TORREY, 

Generall Recorder. 



From the files of the General Court of Massachusetts. 



464 



RECORDS OF THE COLONY OF RHODE ISLAND, 



16G1. ^^'s Grant of the Northern Tract from the Narragansett Sachem to Gov. Win- 
^^^-^ , throp, Humphrey Atherton, and others. 

Know all men by these presents, tbat I, Coginaquam, Sagamore or Sachem 
of Narragansett, in consideration of that great love and affection, I doe beare 
unto Englishmen, espetially Mr. John "Wiuthrop, Governor of Connecticutt, 
Major Humphrey Atherton, of the Massachusetts, Eichard Smith, Senior, and 
Richard Smith, Junior, of Cocumcosuck, Traders ; Lieut. William Hudson, 
of Boston, Amese Richenscn, of the same Boston, and John Tickner, of 
Nashaway, Trader, have given and granted, and by these presents fully, freely 
and voluntarily, absolutely and effectually give, grant, confirme and make over 
unto my said friends one tract of land in my countrey, called by the name of 
Wyapumseatt ; Mascacowage, Cocumcosuck and such like be itt conteining 
more or lesse, bounded by the brooke or river called Muscachowage, on the 
south-west ; the common path or way betweene these on the northwest on 
northbounds, and the sea or waters on the south ; to have and to hold the said 
tract of land, together with the priviledges of summer feed for their cattle, 
makeing of hay in all meadowes, swamps and low ground, without the said 
bounds to the norwards to them, the said Governor Wiuthrop, Major Ather- 
ton, Richard and Richard Smith, Leift. Hudson, Amos Richenson and John 
Tickner, theii-'and every of their friends, their heirs and assigns for ever ; onely 
excepted, the Lands in possession of and belonging already to Richard Smith, 
Sen'r, which was his proper right, and is expressed by Deed before this Grant, 
to be to him his heirs and assignes for ever ; and a neck of Land called Pata- 
womuck, included in this sayd grant, which I doe reserve for planting ground 
for me and my freinds untill such time as wee see cause to forsake itt, or lay 
itt downe ; as alsoe the priviledge of fishing and gathering of Clamms and 
other shell fish, all other the premises from the said Rivers or Brooks 
Mascacowage, Cocomscasuck sea and Path, and other the Priviledges before 
mentioned, to be to their owne proper use and uses, to enjoy and improve as 
their owne proper right and interest from henceforth for ever ; and I, the said 
Cogimaquon, by this my Deed of gift, sealed and delivered, and possession of 
the said Land before the wituesse hereafter mentioned, doe ratifie and confirme 
the same, aud doe promise the same to defend from all other persons laying 
clayme to the same. Dated this seventeenth day of June, 1659.* 

The marke of \^ Coginaquox. 

Sealed and delivered in the presence of 

AwASHOxsE, Indian his marke. 

James Smith. 

Reuben R. Willis, Interpreter, his marke. 

James Smith. 



* From tae manuscript collection of John Carter Brown, Esq., copied from the 
original in the State Paper office, London, Vol. i. No, IC. 



AND PROVIDENCE PLANTATIONS. 465 

Deed of Mortgage from the Four Sachems of the Narragansetis to Hiunphrey X661. 
Atherton, and his associates. 

Know all men bj these presents, that wee, Suckquansh, Nincgrat, 
Scuttup and Wegnakaunut, alias Gideon, Chiefe Sachems of the Narra- 
gansetts, in behalfe of ourselves and the rest of our associates, do hereby 
fully and absolutelj^ give, grant and make unto Major Humphrey Ath- 
erton and the rest of his associates and their heires and assignes for 
ever, all the landes in our Country, commonly known and called by the 
names of Narragausett countrj^ and Cowesett country, excepting those 
lands formerly granted within the said country, and are already publick- 
ly knowne to be alienated by us, and do hereby engage ourselves, heires 
and successors never to alienate, sell, give or make over any part of the 
said lands to any person or persons whatsoever, but owne the said lauds 
to the proper inheritance of Major Atherton and his associates, their 
heirs and assigns for ever, upon condition, the said Major Atherton and 
the rest of his associates shall clearely absolutely acquit and discharge 
us from an ingagement made by us to the Commissioners of the United 
Collouyes for siz hundred fathom of merchantable wampumpeage, to be 
paid by us with the charges ariseing thereupon within four moneths after 
the date of a certaine writing given Capt. George Denison and Thomas 
Stanton in the behalfe of the said Commissioners; alwayes provided, that 
if within six moneths after the date of this writting, wee shall well and 
truely pay to the said Major Atherton and his associates the full quan- 
tity of the said six hundred fathom of good v^ell seized merchantable 
wampumpeage, together with what more is due for charges, then this 
writting to be void and of none effect ; furthermore, we engage ourselves, 
heires and successors, that neither wee nor any of our neighbours or as- 
sistants, shall at any time hereafter, sell, give or dispose of any landes 
to any person or persons whatsoever, saveing to Major Atherton and his 
associates, or their heires and assignes ; and if wee or any of our suc- 
cessors or associates shall, at any time after this date, sell, give or dis- 
pose of any land within our countryes to any person or persons whatso- 
ever saveing to Major Atherton and his associates ; or their heires and 
assignes, such sale, gift or disposeall to be voyd. And do hereby ac- 
knowledge all our lauds to be forfeited to the said Major Atherton and his 
associates, and to be by this writting firmly made over, given and grant- 
ed to the said Major Atherton and his associates, their heires and as- 
signs forever ; and do hereby promise and binds ourselves, our heires 
and successors, to defend the same from any claime, title or interest of 
any other whatsoever, from the day of these presents."'^" 

In witness whereof, wo have hereunto put our markes and scales this 
thirteenth day of October, one thousand six hundred and sixty. 

Signed, sealed and de- Suckuansh, his •) — 

livered in the presence marke and scale q- 

of those witnesses, and Ninegrat, his 7 ^'^^ seal. 



Mr. Brown's Collection of Rhode Island Documents, Vol. i. No. 19. 



466 RECORDS OF THE COLONY OF RHODE ISLAND, 

1661. sealed aud set the marke Scuttup 



r- 



s marke and seale. 



to forWEQUAKAMITT, by 

order from him as all the 

>Sachems affirme. Scuttup also made 3S» ^ the marke 

aud seale ( ) in behalfe of his brother 
WiQUANKAMiTT, bj his order. 



Witnesses. 



POWATUCK -[- his marke 

John O his marke, 

Indian interpreter. 

Valentine Whitman, ? English witnesse 

Reuben Willis R his marke. ) aud interpreters. 



Letter from Charles the Second to the Collonics. 
CHARLES B. 

Trusty aud well beloved : 

Wee greet you well. Whereas wee have bin given to understand, 
that our good subjects, Tho: Chiffiuch, Jno: Scott, John Winthrop, Dan- 
iell Deuison, Lyman Bradstreete, Tho: Willet, Eich'd Smith, Edw. 
Hutchinson, Amos Richesou, Jno: Alcock, Wm. Hudson, and their as- 
sociates, having in the right of Major Atherton a just propriety in the 
Narroganset Country in New England, by grants from the native Princes 
of that Country, and being desirous to improve it in an English Collony 
and Plantation, to the inlarging of our empire, and the common good of 
our subjects, they are yet dayly disturbed aud injustly molested in their 
possestion and laudable iudeavors by certaine unreasonable and turbu- 
lant sperits of Providence Collony of New England aforesaid, to the great 
scandal of Justice and Government, aud the emeuent discouragement of 
that hopeful plantation, wee have therefore thought fitt hereby effectu- 
ally to recommend the Proprietors to your neighbourly kindness and 
protection, the proprietors to be permitted peasably to improve their 
Colony aud Plantation in New England, willing you to bee on all occa- 
sions assisting to them against such unjust oppressions and molestations, 
that soe they may be secured in the full and peacablo injoyment of their 
said Country, according to the right and title they have to it whearein 
we will not douglit of your readyness and care, and shall on all good oc- 
casions express how gratiously we accept of your complyance with this 
our recommendation, and so we bid you farewell. 

Given at our Court at AVhitehall, the 21st day of June, in the fifteenth 
year of our Raigne.* 

By his Majestys Command, 

HENRY BENNET. 

This is a true copie, compared with its originall, soe signed and su- 
* Mr. Brown's Collecticn of Rhode Island Documents, Vol. i. No. 2G. 



AND PROVIDENCE PLANTATIONS. 467 

perscribed: To our trusty and well beloved subjects, the Governors aud 1661. 
Assistants of the Massachusetts. ^^^-^^-^^ 

Plymouth, New Haven and Connecticut Colonyes, in New England, 
as attests. 

EDW: RAWSON, 
Sec. of the Massachusetts. 



The Generall Court of Election held at Warwick, May the 
22d, 1662, being the second Tuesday after the sixteenth 
of May. 

Mr. Benedict Arnold, chosen Moderator for the Court 
of election. 

Mr. Benedict Arnold, chosen President ; Mr. William 
Brenton next. 

Mr. William Feild, Assistant for Providence ; Mr. 
Thomas Olneye next. 

Mr. William Baulston, Assistant for Portsmouth ; JMr. 
John Sanford next. 

Mr. Eichard Tew, Assistant for Newport ; Mr. William 
Jeffrey next. 

Mr. John Greene, Assistant for Warwicke ; Mr. Ran- 
dall Holden next. 

Joseph Torrey, Generall Recorder ; Mr. John Sanford 
next. 

Mr. James Rogers, Generall Sarjent ; Richard Knight 
next. 

Mr. John Easton, Generall Attorney ; Captayne John 
Cranston next. 

Mr. John Sanford, Generall Treasurer. 

Richard Bulgar, Solicitor. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



The Generall Court of Commissioners for the Collony, held 
at Warwicke, Mmj 22d, 1662. 



COMmSSIONERS FOR 
PROVIDENCE. 

Mr. William Feilcl, 
Mr. Arthur Fenner, 
Mr. Thomas Olneye, 
Mr. Thomas Harris, Seu'r. 
Mr. William Harris, 
Mr. William Carpenter. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. Peter Tallman, 
Mr. William Baulston, 
Mr. John Sanford, 
Mr. Robert Hazard, 
Mr. Francis Bray ton, 
Mr. Thomas Greene. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Mr. William Dyre, 
Mr. John Gould, 
Mr. John Crandall, 
Mr. William Weeden, 
Joseph Torrey. 



COMMISSIONERS FOR 
WARWICKE. 

Mr. John Smith, 
Mr. John Greene, 
Mr. John Weeckes, 
Mr. Samuel Gorton, 
Mr. Eandall Holden, 
Mr. James Greene. 



Letter from 
Massachu- 
setts. 



Committee 
to reply to 
letter from 
Massachu- 
setts. 



JMr. Benedict Arnold, chosen Moderator. 

Voted, that the letter that are sent from the Mathatu- 
sitts vnto this Collony, shall be read. 

Ordered, that a committee shall be chosen to draw up 
an answer to the letter sent from the Mathatusitts to this 
Collony, which is three of each towne ; for the Towne of 
Providence, Mr. Thomas Olneye, Mr. Arthur Fenner and 
Mr. William Feild ; for Portsmouth, Mr. William Baul- 
ston, Mr. John Sanford and Mr. Peter Tallman ; for 
Newport, the President, Mr. William Dyre and Joseph 
Torrey ; for Warwicke, Mr. John Greene, Mr. John 
Weeckes and Mr. John Smith. 




AND PROVIDENCE PLANTATIONS. 



Letter to Massachusetts about the jurisdiction of the Pequot 
and Narragansett countri/. 

To Mr. Edward Rawson, Secretary, to bee presented and 
communicated to the much honored John Endicott, 
Esq., Grovernor, &c., to the Generall Court of Deputies 
for the Massachusetts Collony, these : 
Honored Gentlemen : 

Yours of the eighth instant, per Captain Letter to 
William Hudson, wee have received, in the which we seusaLut 

the Narra- 

perceive your frame of spiritt much disturbed and full of sa°sea 
anymosity against us, which we conclude doth chiefly 
proceed through misinformation and misapprehension 
touching y"" grounds and reasons of proceedings ; the 
which being truly understood by you would persuade you 
to a more charitable construction of our transactions ; and 
to that end we heartily desire you may by these few lines 
be so clearly informed, as to be convinced of y*" justice 
and necessity of our resolution to preserve and defend the 
privileges of our Colony. 

And gentlemen, whereas you complaine of the unjust 
molestation and intrusion of some of ours upon your rights 
in the Pequot and Narragansett country. Wee do assure 
you, that as yett we cannot find that any of ours have made 
any particular clayme to any part of the Pequott country ; 
we being clearly informed that y' furthest southwestward 
that any of ours have yett in particular purchased and 
posessed is to the eastward' of Pawcatuck River, and was 
never accompted the Pequott country or any part thereof. 
However, we must own that our Charter gives us power 
of jurisdiction to the Pequott country. And further, we 
pray you to understand that those of ours who have be- 
gun to improve y'' lands on this side of Pawcatuck River 
aforementioned, have y° aprobation of y® Court so to doe ; 
only and always provided they have made fayre and hon- 
est lawful! purchase from the native owners thereof; 



470 

RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. ^j^j(3|^ -f otherwise, they have mtrucled on their rights, 
'^'•"'"^the agreaved party expect relief in our Courts of Justice 
upon complaynte. And we cannot blame these two 
neighbours of ours, viz.: Tobias Saunders and Robert 
Burdett (whom you have imprisoned), for not producing 
their deeds and others, for possessing the lands within this 
jurisdiction ; as in order to plea before any court in this 
country, saveing unto our courts of judicature, to which 
they are also bound in faythfulness of their allegiance to 
his majesty of England, his crown and dignity, to be re- 
sponsible in these occasions. 

Neither have they as you conceive acted against reason, 
righteousness, former grants, &c.; for as much as former 
grants doth warrant our purchasing and planting within 
this jurisdiction, by virtue whereof we have for above 
eighteen years past had quiet possession of the Narragan- 
sett Bay and country, and cannot but admire y' reason of 
your so late clayme to our so undoubted rights of jurisdic- 
tion and plantations. Especially considering that you 
have by a more particular and especiall instrument from 
your Lords Commissioners for Foreign Plantations under 
his Majesty, our Sovereign Lord the King, been absolutely 
prohibited from entering upon any part of this jurisdiction 
by our charter given us, and have so playnly forbidden 
therein. Only we have such an expression on our minds 
of your honourable conclusions, that we very much ques- 
tion whether or no you have had the perusall of the sayd 
prohibition, which was delivered unto your honourable 
G-overnor about sixteen years ago, and may happily either 
be lost, or in some custody so obscure, as that you have not 
had the least hint thereof. And therefore, worthy gen- 
tlemen, we have for your cleere information, herewith 
sent you a copy of the sayd prohibition, not doubting but 
that upon your knowledge thereof, you will, in all ready 
compliance thereunto, take care that by any countenance 
of yours, we shall be no further agrieved by any who 
would in that kinde intrude upon our lands and priviledg- 



AND PROVIDENCE PLANTATIONS. 



471 



es ; and furthermore, we are fully persuaded that you will 1662. 
also be fully convinced that we, as becometh your fellow '^-^"■^'^* 
subjects, dare not decline the preservation of his Majes- 
ty's peace, and render him the rights and priviledges of 
his loyall subjects in this colony, with which we are so 
much betrusted, until the further express order from his 
Majesty, to whom we declare ourselves in true allegiance 
bound to all ready and faythfull obedience ; and from 
whom, upon the certayne knowledge of his royall justice 
we humbly expect protection and reliefe, the considera- 
tion whereof has caused us, as is our bounden duty, to 
make our humble addresses unto his Majesty for his fa- 
vourable continuance in our just defence. And therefore, 
whereas you hint that upon the knowledge of our resolu- 
tion to persist in the not calling off our inhabitants from 
Pattuckomscutt, or other parts of our charter's limitts 
before the last of June next, you resolve to secure our 
duty in obedience to that trust under his Majesty, our 
soveraign Lord the King, to us committed for the con- 
serveing his Majesty's peace, and his subjects just rights 
within this coUony, to adventure persons and estates. 
We have no cause to suspect but that both our persons 
and estates may be as secure within your jurisdiction as in 
any other parts of his Majesties forraigne plantations, as 
believing justice and righteousness will be so much before 
your eyes, not to desire, much less to take away any of 
his Majesties subjects rights or proprietyes to you not per- 
tayning. And now respecting the bonds of civility, we 
cannot conclude without one word of satisfactory account 
concerning the premises, either that from the other 
Commissioners of the other Collony, or those from your 
honoured Court, Councill or magistrates, to which you 
declare noe particular answer, as heretofore hath been by 
us returned, as you expected we should have done ; soe 
it was that all those letters coming in the interval of 
Courts, and none here being soe fully cappacitated with 
the Collony's minde and authority, as to returne their au- 



472 RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. thenticke results iintill y® Generall Court of Election and 
^■^"-^^^'^ Commissioners now by order mett ; nor without much 
trouljle, could in the interim call an espetiall court, hath 
been one reason why noe sooner a returne hath been 
emitted to your view. And yet also, whereas by your 
magistrate's letters dated at Boston, by the Secretary, 
the 25th of October, 16G1, they desired us to forbid the 
proceeds of our neighbours about the lands neare Pe- 
quitt, aforementioned, and in case they would not obey 
our commands therein, that then your Magistrates should 
themselves be excused in case they proceeded against 
them. Wee find by comparing the date of the warrant 
(by which they fetcht our sayd neighbours to prison), to- 
gether with the aforesayd letter, that at the same instant 
the letter was written to us, the warrant was, by them, 
alsoe given out ; and we heard of the execution thereof 
before the sayd letter came to our President's hands, 
which was in a few days after it was written, by which 
your magistrates anticipated the consideration of their 
own demands, if we had otherwise been cappacitated to 
have any way accommodated them therein, which sayd 
proceeding we have very much reason to resent, as being 
not advised of the grounds thereof, whereby wee should 
be induced to approve it. 

~ And now, much honoured and beloved gentlemen, and 
worthy friends and countrymen, let us only add this one 
word for a conclusion, to avoid the prolixity of multiply- 
ing many other expressions unto you, wee doubt not but 
that upon the perusal of the enclosed and these present 
lynes upon the consideration of the present season where- 
in both your honoured selves and us, may reasonably ex- 
pect a very speedy returne from his JMajesty, intimating 
his royall will and fjleasure in reference to both your own 
and our humble addresses formerly made and presented as 
touching our mutuall comfort and well being here, in 
these remote parts, under his gratious government and 
protection, will effectually persuade with you that this is 



AND PROVIDENCE PLANTATIONS. 



473 



not a time for you to bee soe earnestly pressing upon us 1662. 
to decline that charge in any measure, which, as you may '-*'^^'""*-^ 
clearly see, is comitecl unto us ; but in all loveing and 
peaceable manner to attend the former, and to expect the 
future pleasure of his Majesty in these affoyres, not per- 
sisting any further to grieve us by force used against us, 
or any of ours within the bounds of our charter, without 
express order from his Majesty, at whose gratious dispose 
wee are all humbly devoted. And soe in expectation 
(Honored Gentlemen), of your courteous reception of, and 
and loveing answer unto these few lines now by these 
friends thereof, Mr. John Greene and Mr. John Sanford, 
wee rest.* 

Your very loveing and respected 
friends and neighbours. 

JOSEPH TORREY, 
Generall Recorder ; in the name 
and by order of the Generall 
Court of the Collony of Provi- 
dence Plantations. 
Dated May 22, 1662. 

There being two bills presented, there is a second com- committee. 
mittee chosen to consider and draw vp their thoughts on 
them, which is : for Providence, Mr. William Carpenter 
and Mr. Thomas Harris ; for Portsmouth, Mr. Robert 
Hazard and Francis Brayton ; for Newport, Mr. John 
Gould and John Crandall ; for Warwicke, Mr. Randall 
Holden and Mr. James Greene. 

Voted, that the President be desired to read the letter 
that is drawne up for the Mathatusitts Court. 

Ordered, that two men be sent with our letter to the ^f/^° 
Massatusitts, and to reson with them as they see cause 
according to their instruction. 



* From the Massachusetts State Paj^er Office. 



gers 
sent to Mas- 
sachusetts. 



474 RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. The messengers chosen to be sent to the Bay, are first, ' 
^'^""^^"^^ Mr. John Greene ; the second, Mr. John Sanford. 
Ster'^r'ead' Ordered, that the letter that hath bin drawne vp by the 
Presedent and read, be sent to the Court of the JMassa- 

tiisetts. 

Mr. Arno.d's 

thJme's'sen- "Vpon the considcration of the messengers (to wit), Mr. 

"''■ John Greene and Mr. John Sanford, that are by the au- 
thority of this Court sent vnto Boston vpon the Collony's 
account, the Court doe order that what monyes they sha,ll 
expend upon the jornie, they shall charge upon the public 
treasury. And forasmuch as it doth apeare in Court that 
Mr. Arnold hath given a bill of fortye shillings in silver to 
suplie the aforesaid messengers, it is ordered, that Mr. 
Arnold shall agayne be payd out of the generall treasury. 
Vpon the motion presented concerninge jury men, or 
acceptions against them ; it is ordered, that no jurymen 
that are chosen by the townes to atend the CoUony Courts 
of Tryalles, shall be accepted against for that reson, only 
because hee or they have formerly served as jurymen on 
that cause before. 

Vpon the consideration that peage is fallen to so loe a 
ratte, and it cannot but bee judged that it is but a com- 
modity, and that it is vnreasonable that it should be forced 
vpon any man ; it is therefore ordered, that henceforth 
from the time that this order shall stand and bee in force 
according to order, that all fines, rates, fees, damadges 
and cost of court in all actions, shall bee accounted and 
payd in current pay, according to marchant's pay ; or as 
pay doth passe betwixt man and man at money price ; 
and this law to stand in force, any former law to the con- 
trary notwithstanding. 

Whereas, ther are granted leave to severall of his Maj- 
esties subjects, being neighbours, members and inhabit- 
ants of this jurisdiction, to purchase and plant at any re- 
mote parts in this jurisdiction, as Miscomacott, Petacom- 
scott, &c.; the Court doe hereby owne and declare, that 
it is the President's, or any Generall Assistant's power 



aiiv to shev 
a tit!« 
land. 



AND PROVIDENCE PLANTATIONS. 475 

and duty, at any time as occasion requireth, to constitute 1662. 
a constable or constables of those sayd inhabitants, to ^>-*'^v-i*-' 
keape the king's peace theare, and to aprehend offenders, 
or doe any other thinge proper to the constable's office, 
and to bringe offenders to the most convenient or nearest 
place wheare President or Generall Assistant resideth, to 
be examined and proceedeth with legally. 

The Court havinsre taken into serious consideration the ^hree years 

CI given for 

manyfold vexations and contest that doe evidently present TJueof 
themselves in all likelyhood of reason to arise betwixt al- 
most all the people within this jurisdiction concerninge ti- 
tles of lands, the which doth in too great a mesuer alredy 
breake forth by vnreasonable claimes of some, who have- 
inge either themselves or predesessors sold or exchanged 
lands, either lately or for many years since, and the 
now possessors of such landes, they or their pre- 
decessours neglected to take sufficient deeds, or any 
thinge at all in writinge to shew to posterity how those 
lands came into their possessiones, the first owners or 
their successours either out of simplicity or ignorance of 
their predecessor's acts touchinge the disposall of the 
land, or out of a covetous desier to defraud those who are 
in possession of lands lawfully bought, for which they have 
no deeds to shew, or any memorandum in writtinge there 
for ; altho the desier of such unreasonable persons are con- 
demned in ther own conscience, as knowinge they have 
sould, exchanged or otherwise passed away the sayd 
landes, yett cease not to lay claime thereto, and yett re- 
fuse and neglect any lawfuU progresse of compromise or 
law to try and cleare the title, away ting for advantages 
untill paseges are out of mind, or witnesses gone, where- 
by they may have opertunity to efect theyr wicked de- 
signes, to the great damadge of such as have been at 
great charges since they have had such lands in posses- 
sion, in buildinge, plantinge, and otherwise improveinge 
the same, that the landes, with such improvements may 
31 



476 RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. be some above an hundred times more worth than at first, 
■-^^^^"^•^ and yett are lyable to be wrested from them or ther pos- 
terity ; some haveing frequently thretened that tho them- 
selves will not sue for such lands, as they know are not 
theirs, but are the possessors rights, yett they will leave 
it a charge to their children or posterity to wrangle and 
contend for the same, the inconveniences whereof will, 
without all question, prove most cruell and without end, 
except some speedye course bee yett taken to prevent the 
same, and to settle such afaires by an act of the Collony. 
And vpon the full and reall sense thereof, the Court hath 
enacted and doth hereby enacte, that what person soever 
livinge and beinge within this Collony, at the time of the 



fandTmay pubUcatiou of thls law, having a desier or layeth claime 
session, j.^ ^^^y j^j^^ qj, lauds, howsc or howses, and such other 
possestions as are in the possestion of any other person or 
persons whatsoever, within this Collony ; the said person 
desieringe, claiminge or pretendinge to dispossese the 
possessour thereof, shall, before the last of June in the 
year 1663, have his or their recourse to a due course of 
law for triall of the title of all such possestiones, and fol- 
loe it in a due progresse of law vntill a judgment of Court 
passe thereupon. And if noe such due course by such 
pretenders be as aforesayd in the foresayd space of time 
taken to clear the title, then the present possessour shall 
have [these] lands and such aforesaid possestions recorded 
in either the towne or generall records, them, ther heires, 
etc., to enjoy as their owne for ever. And no such pre- 
tendinge person shall have any wager against them for 
the same afterward, if hee or they neglect to sue within 
the time prefixed ; and as for such as may be out of the 
collony at the time of the publication thearof, and layeth 
claime as aforesayd, if he or they be in any of the collonies 
aro^'abTe^nt'' about US, or wlthlu two hundred miles of this Collony, he 
!ioZn^^ or they are alowed one whole yeares time longer and noe 
more, to begin a due course of law as aforesayd, to cleare 



AND PROVIDENCE PLANTATIONS. 47T 

the tittle, which neglecting, then the possessour shall be 1662. 
secured in said possession as aforesaid ; and for such as ^-^-v-<^^ 
are beyond the seas, either in Barbados, England, or such 
remote parts at the time of publication hearof, and hath a 
desier or claime to any such possession in other custodye 
as aforesayd in this GoUony, he or they soe absent, shall 
have two whole yeares space longer, and noe more than 
[the] first sort aforesayd, to begin a due progresse at law 
to cleare the title. But neglecting in that space of time 
soe to doe, hee or they shall never after molest the pos- 
-sessours in such ther now present possestions, but the said 
present possessours shall be secured by the record as is 
above prescribed. 

The forme of which record shall be as followeth. Forme of re- 

cording 

Whereas A — — B -, standeth possessed of such or j^w'^^^o^e en- 
such land or lands, howse or bowses, within this Collony, '^'^''^^^y^- 
in this towne, &c.; and that his deedes or writtinges are 
lost .... or that they never had any ; or if they 
have any, for want of care have not been made licke ac- 
cording to law ; yett being and standinge possessed 
thereof at the publication of the aforesayd law, they are 
hearby declared his or ther true and vndoubted possession 
for him or he, his or thear heiares, &c., for ever. 

And yett it is hearby to be vnderstood that such as are 
in possestion of any such possestions as lands, bowses, or- 
chardes and tenements as tenants to other the owners, 
either by lease or otherwise, may not hearby bee vnder- 
stood to have power to keepe out ther landlords out of 
ther sayd possestiones when the time agreed vpon betwixt 
them or ther predecessors shall be expired ; as also any 
Indian sachem or other Indians as have sold ther lands to 
English men of this collony ; and yett as is ther usuall 
manner deny the sale and keepe the lands in possestion, 
and by reason of ther potency, faction, conjunction with 
some others cannot be without great inconveniences 
brought to a so speedye course of tryall as before pre- 



478 RECORDS OF THE COLONY OF RHODE ISLAND^ 

1662. scribed ; therefore the Indians [shall] claime no priviledge 
^-^'^v-^-'by this acte in that case, but shall be able at any time 
hereafter, in such matters to be proceeded with in course 
of law at convenient season, when ther may be a more 
cleare power to cause ther due obedience to law and 
[right]. And moreover, whereas men of other collonyes, 
and such as joyne with them therein in any part of this 
Collony without due admition into and leave of the Collo- 
ny, to purchas land of the Indians within this jurisdiction, 
have or shall force in amonge vs or vpon any lands in the 
Collony by pretence of purchase or gift from Indianss, 
although the sayd Indianss or other Indianss, true owners 
of the sayd land have formerly given or sold the sayd 
lands to members of this Collony ; but by potent and vio- 
lent menes, the sayd foreyners intrude vpon and possese 
the sayd, or any of such sayd lands by pretence as afore- 
sayd from Indian title, which, by reson of ther present 
abettours from other Collonyes cannot within the foresayd 
terme of time be compelled to a legall atention to a due 
course of law ; the sayd forreyners, intruders and ther 
associates, though alredy possesed therof, shall have no 
priveledges by the former act, but are liable to answer the 
triall of title, when the perticeler parson, towne or townes 
of the Collony agreaved shall see conveniante opertunity 
to sue for ther rights against them, and when the Collony 
be in a full capacity to relieve the opresed against such 

mortgaged intrudcrs. And forder, it is hearby enacted, that if any 
mortguages of lands be alredy made, and by neglect or oth- 
erwise not yett forfited, that then the same time be time 
alowed for prosecution of a mortguage after it is forfitted 
before the land be recorded to the present possessour, as 
is in order prescribed to others abovesaid from the time of 

Time before this Court ; that is, thirteene mounth for such as are in 

.forfeited. 

the collony, and two yeares and a mounth for such as are 
within two hundred miles of the collony; and three 
yeares and a mounth for such as are in England, or such 



AND PROVIDENCE PLANTATIONS. 



479 /\| 



remote parts beyond the seas ; meauing from the date of 1662. 
the forfituer of such mortguages ; and this act to stand in ^--"-"v-^*^ 
full force, any other law or lawes, clawse or clawses in 
any other law to the contrary notwithstanding. 

Vpon the consideration of the occations that may be Relative to 

A '> the messen- 

presented or occationed by the returne of our messengers g'^^sachu- 
that are sent to the Mathatusetts ; it is ordered, that this^*"^'' 
Court be adjourned vntill the last of June, vnlesse the 
President and majour parte of the Assistants see cause 
to call it rather, and if ther should be ocation, they have 
power to call it at anytime before ; and if ther be not, 
between this and the time prefixed, no letter from the 
President goes forth, it is afterwards left to the Generall 
Counsell, according to ther discression, as they see cause. 

Whereas, divers inconvenianceyes hath fallen out inSS^ 
this collany by reson of the ambiguity of some lawes con- fng^cuJns. 
corning demures, it is thought fitt, and by the authority 
of this Court ordered, that from henceforth noe playntifife 
shall be admitted a demurr ; but if a playntiffe commence 
his action against the defendant and doth 'not make his 
due preparations for tryall according to the date of the 
writt, and hath a mind to withdraw his sute, he shall then 
give notice into the recorder's office at least tenn dayes 
before the Court, and so is none-sutted for that Court to 
which the writt beares date, and shall pay cost to the de- 
fendant for any thing that is properly due at the with- 
drawinge ; alsoe it is ordered by this present Court, that 
a sutte being commenced in the office, if the defendant 
have a minde to demurr that Court, hee or his Atorney, 
shall, eight dayes before the Court enter his demurr in 
the Recorder's ofi&ce, that soe the playntiffe or his Ator- 
ney may take cognizance therof ; and if hee neglect soe 
to doe, then tryall shall proceed without delay ; this law 
to gtand in force, any other law to the contrary notwith- 
standing. 

Ordered, that the Recorder shall have fifteene shillings 
of each towne for each copie of this Court orders. 




RECORDS OF THE COLONY OP RHODE ISLANB, 



The Court of Commissioners that was adjourned May the 
26th, being called agayne, setts June the 17th, 1662. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. Thomas Olneye, 
Mr. Arthur Fenner, 
Mr. Thomas Harris, 
Mr. William Harris, 
Mr. William Carpenter. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Sanforcl, 
Mr. Robert Hazard, 
Mr. John Bridges, 
Mr. John Tripp, 
Mr. Thomas Greene. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. William Brenton, 
Mr. Benedict Arnold, 
Mr. William Dyer, 
Mr. John Crandall, 
Mr. William Weeden, 
Joseph Torrey. 



COMMISSIONERS FOR 
WARWICK. 

Mr. John Smith, 
Mr. John Greene, 
Mr. John Weecks, 
Mr. Samuel Gorton, 
Mr. Randall Holden, 
Mr. James Greene. 



The President chosen Moderator. 



A hundred 
pound sterl' 
iag to be 
raised for 
John 
Olarke. 



Ordered, that Mr. John Clarke's letter sent to Mr. 
Brenton shall be read. 

Ordered, that the first thing that shall be pitched 
on and agatated shall be how to rayse suplies for Mr. 
John Clarke. 

Ordered, that whereas ther was forty e odd pound sent 
to Mr. John Clarke our agent in England, it is now^or- 
dered, that one hundred pound starling more be sent him 
vnto England, and to that end it is thought fitt that two 
hundred pounds be raysed in silver pay to accomplish it. 



AND PROVIDENCE PLANTATIONS. 481 

Ordered, that these moneyes shall be raysed by rate. 1662. 
There beinge a former order for the contributinge to ^-^^^-^^"^ 
Mr. John Clarke, which was divided to the fowre townes to«'"e's prc- 

' portion. 

according to their proportion, it is now ordered, that eighty 
eight pounds be added to that [which] is thus ordered ; 
[of which] Newport is to pay one hundred twenty nine 
poundes ; Providence, fiftye five pound, ten shillings ; 
Portsmouth, fiftye five pound, ten shillings ; and War- 
wick fortye eight pound ; and wheras ther are severall 
that have alredy payd toward it ; it is ordered, that 
all such sumes shall be offsett vpon all such person's 
accounts. 

Ordered, that the Grenerall Sargent be deputed, or his Th|Gener^- 
debete [deputy], and authorized to destrayne on all such ^^y^^'/;^ 
mens' goods as refuse to pay the rate throughout the hole '^'^ ''''^' 
CoUony, and that he shall have five shillings vpon the 
pound for every pound that hee shall take by distraynt, 
which he shall take over and above each man's rate ; only 
each towne shall have ther liberty in ther own way to gyt 
in such rates in ther towne by ther own authority, either 
by distraynt done by ther officers or otherwise, provided 
the sayd be payd and broght in to those that are to re- 
ceive the same at or before the time by the Court apoynt- 
ed ; which sayd rate is to be payd in beefe, porke, pease, fnfpea^i''^ 
and wheat, at such prices as it then goeth to the mar-ceived. 
chants as moneye pay ; and if any then see cause to pay 
monye, hee shall have liberty to redeem forty shillings of 
his other rate, by thirtie shillings of New England coyne, 
or by two and twentie [shillings] and six pence, old Eng- 
land coyne ; and soe in proportion for bigger or lesser 
sumes. And in case the townes neglecte to gather in and 
pay the rate before the tenth of December next, then the 
Generall Sargent shall destrayne as above, and a coppie 
of this order vnder the Recorder's hand shall be his suffi- 
cient authority soe to doe, and hee to pay the same mo- 
nyes to those it belongs unto. 

An ingagement by eyght of the men of Warwicke that 



482 RECORDS OF THE COLONY OP RHODE ISLAN1>, 

1662. tliey will vndertake to cleare what is ther proportion, and 
-^*-^^*-' to send it for England ; the names of the men are : Mr. 
mentsofcer- John Smith, Mr. John Greene, Mr. John Weekes, Mr. 

tain of the ' ' ' 

fione'^s!' Samuel Gorton, Mr. Randall Holden, Mr. James Greene, 

Mr. Walter Todd, and Mr. Thomas Greene. 
Sm provu T^^ second ingagement for the towne of Providence, 
5ie°d|ed to that eight of them doe ingage to pay in to whome the 
Court shall apoynt, what is to be payd by the towne of 
Providence. The names of the men are : Mr. William 
Feild, Mr. Thomas Olneye, Mr. Arthur Fenner, Mr. Wil- 
liam Harris, Mr. Thomas Harris, Mr. William Carpenter, 
Mr. Zachery Roades, and Mr. Stephen Arnold. 
Engage- Tho third ingagement by the Towne of Newport, that 
ftwt. ^^^y ^^^^ ^^^ ^^^^ ^^^^ ^^ vnpaid of what is levied in ther 
towne, and to send it to Mr. John Clarke, according to 
order. The names of the men are : Mr. William Bren- 
ton, Mr. Benedict Arnold, Mr. William Dyer, Mr. John 
Crandall, Mr. William Weeden, and Joseph Torrey. 
Engage- For Portsmouth, are ingaged : Mr. William Baulston, 
pa?tof° ^ Mr. John Sanford, Mr. John Bridges, Mr. John Tripp, 

Portsmouth. ' . 

and Mr. Robert Hazard, who ingageth to see sent the re- 
maynder of ther proportion to Mr. John Clarke, which is 
yett vnpayd : and further it is ordered, to acquaint the 
severall Townes that forasmuch as wee have received a 
letter from Mr. John Clarke, our agent in England, 
wherein he declareth that our affayres are in a forward 
way to be efected theare to the great comfort of the Col- 
lony, and that monyes only are wanting to mannadge the 
matter, for the suply whereof the abovesayd rate is order- 
ed : but seeing that particular parsones cannot pay the 
rate vntill come be ripe and marchantable, and cattel be 
fitt to kill, and that ther is a necessity in the mene time 
to send the sup ply es to Mr. Clarke, for that the rate can- 
not be gathered time enough, therefore the parsons com- 
missioned in each towne above named saw a necessity for 
the honor, safety and ease of the CoUony, to engage for 
the present supply and to stay for the same vntill the rate 



Letter to 
Massachu- 
setts too late 
for the 
Court. 



AND PROVIDENCE PLANTATIONS. 483 

be gathered, which is to be done before the tenth of De- 1662. ^^ 

cember next. But for the aforesayd present supply, the ^-^-^^-^^ 

abuv^esayd parsons doe ingage in case they send returnes 

by Barbadoes in horsses and the like, that they will agree 

wit' some or other, provided it bee vpon the vsuall 

termes as is vsed for the transportation of such goods, by 

the first vessell that sayles thither ; and soe to agree at or 

before the sixth day of July next if opertunity present ; 

as alsoe such as send bills or monye, engage to send the 

same by the first vessell that goes from the Bay or heare ; 

that is to say, within five weecks from after this Court be 

adjourned or dissolved, if any possibility so to doe may be 

found. 

Forasmuch as the letter sent to the Massachusetts by 
this Court pr. Mr. Greene and Mr. Sanford, dated May 
22, 1662, came too late to the Bay, seeing the Court was' 
broke vp before it came, and soe it is not lycke to be pe- 
rused and knowne to theire Court and country for severall 
months to come, the consequence wherof will bee probab- 
ly very offencive. In case that for want of information 
they should presse in vpon us in the meane time as they 
seeme to thretten, which wee hope they would not doe in 
case they weare informed of the grounds of our proceed- 
ings ; therefore, it is ordered by the Court, that free lib- 
erty is allowed to any freeman of the Collony, to send 
coppies of our sayd letter, and of the prohibition therein 
mentioned vnto any friends of theires in the Massatusitts, 
and alsoe to use all other lawfull meanes by soe publish- 
ing the sayd letter, to declare the inocencie of our inten- 
tiones and proceedings ; and if it may bee to prevent the 
Massatusitts and our other freemen and countrymen about 
vs from running themselves into any conveniencye that 
may fall vpon them from the powers to which they and 
wee are responsible for ther doing wrong, though done for 
want of the true knowledge of the state of things. 

Vpon a petition of Mr. Edmund Caverly, Thomas Freemen 
Ralph, William Burton, James Sweett, and John Sweett, i^uy 'and. 



484 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1662. in behalfe of themselves and ten or twelve more of the free- 
^•^^'^^^' men of this Collony, as they expresse by word of mouth, 
which petition was delivered or presented to this Court, 
it bearing date June 17th, 1662, it concerning the pur- 
chasse of land, &c. ; the Court doe grant free liberty and 
leave to the petitioners and their sayd associates to make 
w purchase purchaso of the natives within this jurisdiction, and to buy 
Indians of thcm that are true owners, a tract of land lying to- 
gether, and not exceeding fower thousand ackers ; always 
provided, it bee such land as is not already granted, or 
annexed to any of the townshipes of the Collony by pur- 
chase or other lawfull meanes, nor that it be land already 
purchased and justly claimed by any other perticular per- 
sons, freemen of the Collony or ther successors. 
Greene and Vpou pctitiou of Mr. Johu Grecue, Mr. James Greene, 
Mr. Thomas Greene, with two others, ther associates, for 
leave to purchase land ; the Court doe graunt to them 
leave to purchase fifteene hundred ackers according to the 
former rule. 

Vpon the petition of Francis Derber for to bee sett in 
some way to recover his losses, by the Indians firinge his 
howse, the answer of the Court is, that they advise him 
for his redresse to the law. 
General At- Ordered, that in case Captayne Cranston refuse to take 
his ingagement to the place of Generall Attorney, then 
Captayne John Sanford is constituted to that place ; and 
that if it be left to the Generall Attorney to consider and 
take especiall care of those prisoners that have made ther 
escape, that whoever may be found defective may be pro- 
llerill^^^' ceeded against in his Majesty's name for the wronge the 

Collony sustayned by such escapes. 
L'^nt to write Ordcrod, that the President Mr. Brenton, Mr. Dyer, 
Clarke Mr. John Sanford, and Joseph Torrey be desired to draw 
tijej'ounds vp a letter to Mr. John Clarke, of thankfullnes, and in- 

«f the Char- -C^ ' 

*"• formation consearninge the bounds of our Collony, and 

consearning the severall letters and things that consearnes 
our business. And it is alsoe left to them, either to an- 



others 
have leave 
to buy lan( 



Francis Ber- 
ber's case. 



AND PROVIDENCE PLANTATIONS. 485 

swer letters that may come either from Boston, or Mr. 1662. 
John Clarke, or else wheare, or to call a Court of Com- '^^^"-'^ 

' ' ^ ^ Maj- call a 

missioners, as they see cause ; in which cause of callinge ^o"''' 
Courts, Mr. Baulston and Mr. Tew are added. 

Ordered, that a prohibition be sent vnder the recorders ^^^|^^^^ 
hand to forbid Captayne Daniell Hogones his proceeds in 
raysing his howse or other intrusions into the lands of 
Masscomscott. 

Ordered, that the last letter that came from the Massa- Jitfs'a'chu-"' 
tusitts be sent to the severall Townes of the Collony. "f"* 

Ordered, that the Recorder shall have twentie shillings 
for each coppie of this present court orders. 



FFINIS. 



forbid to 
raise his 
house. 



Petition of John Clarke, Agent of the Colony of Rhode 
Island, to the King. 

To Charles the Second : 

By the wonderfull, provident and gratious disposeing 
hand of the most High, of England, Ireland and Scotland, 
with the large dominions and territories thereunto be- 
longing. 

High and Mighty King : 

The Humble peticion and representation of John 
Clarke, on the behalfe of the purchasers and free inhabit- 
ants of Rhode Island, and of the Colony of Providence 
Plantations in the Narragansetts Bay, in New England. 
Most Humbly sheweth : 

That your petitioners were necessitated long since for 
cause of conscience, with respect to the w^orship and ser- 
vice of God, to take up a resolution to quit their deare and 
native country, and all their near and precious relations 
and enjoyments therein, and to expose themselves and 



486 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1662. their families to all the hazards and inconveniences, which 
-'"^'"^^they might meete with upon the vast and swelling ocean 
over which they should pass, or in the barbarous and howl- 
ing wilderness to which they might come. That being thus 
resolved, they were, by the greately obliging clemency of 
your Royal father not only permitted to prosecute the 
resolution of theirs, but by singular favours and priviledg- 
es bestowed upon them incouraged yours in. That your 
petitioners being thus resolved and incouraged after a long 
. encounter, with many perils of sea and robbers, w^ere by 
the good hand of the Lord safely conducted unto, and 
caused to arrive in those parts of America, where for the 
aforesaid causes of conscience, and for peace sake, they 
were also necessitated to travaill further among the bar- 
barians in places untroad and with no small hazard, to 
seeke out a place of habitation, where, according to what 
was propounded in your petitioners first adventure, they 
might with freedome of conscience worship the Lord their 
Ood, as they were persuaded. 

That being in this wandering posture, in this vast and 
desolate wilderness, they were by the provident hand of 
the most High, guided to steere their course into the 
thickest of the most potent princes and people of all that 
country, whereby his wonderfull workeing power upon 
their hearts, as a signall token that the hearts of Princes 
and people are in his hands, to dispose of as he please. 
Your petitioners found them free to admiration, not only 
to part with the choicest partes of their territoryes, being 
no wayes inferiour, for commodious harbours in all re- 
spects unto any parts of that country, but also to quitt 
their native, ancient and very advantageous stations and 
dwellings thereon, to make roome for them. 

That your petitioners having thus, by the good hand 
of the Lord, and countenance of their Prince, gone forth, 
found out, purchased, possesst and planted those parts of 
the world, in all desirable freedome and liberty in all re- 
spects, both among themselves (in giving to all in point of 



AND PROVIDENCE PLANTATIONS. 487 

freedome of conscience, what they desired for themselves) 1662. 
from all others, whether English or Indians, found them- ^-*'^^-"«»^ 
selves necessitated, at least for some time, for the preser- 
vation and accommodation for themselves and their famy- 
lyes, to forbeare to make application unto that soveraigne 
power, to which they adheered, and in lieu thereof (and 
grace to enter into an actuall agreement among them- 
selves) ; and as the true natives of England (though so 
remote), and the loyall subjects thereof, for the present to 
regulate themselves by the lawes of that nation, so fjirr 
forth as the nature and constitution of the place and the 
professed cause of their conscience would permitt. 

That your petitioners, as a further manifestation of their 
willing dependence upon, and loyalty unto the soveraigne 
power of these nations did about the year '42, with one 
consent, make their address by their Agent unto your 
Royall father, for his further and more particular counten- 
ance and incouragement therein ; upon which address, in 
the yeare '43, there was granted unto your petitioners 
from the Commissioners impowered from both his houses 
of Parliament for the generall management of forreigne 
Plantations, a free and absolute charter of civill incorpora- 
tion, whereby they were impowered to choose their own 
officers, and to make their own lawes only with this limi- 
tation, that they should be so neare the lawes of England, 
as the nature and the constitution of the place would ad- 
mitt. That your petitioners having received the charter, 
forthwith grownded their government thereupon, and with 
excessive travail and charge compiled a briefe body of 
lawes, for the maintaining of civill society, and for the 
: administration of judgment and justice amongst them- 
; selves, being drawn from and founded upon the lawes of 
England so neere, as the nature and constitution of the 
place, with the premised cause and state of their con- 
science would permit, and ordered that all writts, both 
originall and judiciall should proceed in his Majesties 



488 RECORDS OF THE COLONY OP RHODE ISLAND, 

1G62. name, as the rest of the corporations in England were 
^-'^^'^*^ wont to doe. 

That your petitioners upon the first intelligence of the 
wonderful workinge hand of the most High, in makeing 
way to administration for your Majesties returne unto 
your Roy all throne, did forthwith call a generall Court, 
and therein as a testimony of your ready and joyfull re- 
ception of you and of your petitioners faithfull allegiance 
and loyalty to you, did order of your petitioners owne ac- 
cord and with joynt consent, that your Majestie should 
be forthwith proclaimed with as much solemnity as they 
could in all the Towns of that countrey. That all judiciall 
proceedings and acts of power should issue forth in your 
Roy all name, and that ca commission and letter of cre- 
dence should be sent unto your unworthy petitioners in 
order to make their humble addresse unto your Majesty. 

Wherefore, King ! seeing it hath pleased the most holy 
Majesty on high, the King of Kings, to remember you in 
your low and exiled state, with such wonderfull and oblige- 
ing favour, whereby as it were, without hands, you have been 
restored to, and clothed with more excellent majesty and 
more absolute soveraigne power than your ancestors have 
attained unto, and seeing the state of the case with your 
poore petitioners is really such as hath been presented, we 
are humbly bold to congratulate your Majestie in this our 
addresse, humbly prostrating ourselves with our purchace 
and charter, being the titles we have to our Itinds and 
government at your Majestyes feet, humbly craveing we 
may find such grace in your sight, whereby under the 
wing of your Royall protection, we may not onely be shel- 
tered, but caused to flourish in our civill and religious 
concernment in these remote parts of the world. So shall 
your servants take themselves greatly obliged while they 
are quietly permitted with freedom of conscience to wor- 
ship the Lord their God, as they are persuaded to pray for 
the life of the King, even that he may live for ever and 



AND PROVIDENCE PLANTATIONS. 



489 



ever, and to make it their study, which they may best ap- 1662. 
prove themselves.* ^.^-^-^ 

Your Royall Majestys most humble, faithfull and obe- 
dient subjects. 

JOHN CLARKE. 



Second Address from Rhode Island to King Charles the 
Second. 

To Charles the Second : 

By the wonderfull, provident and gratious disposeing 
of the Most High, of England, Scotland and Ireland, with 
the large dominions and territoryes thereto belonging. 
High and Mighty King : 

The humble petition and representation of John Clarke 
on the behalfe and in the name of the purchasers and free 
inhabitants of Rhode Island, and of the rest of the CoUo- 
ny of Providence Plantations, in the Narragansett Bay, in 
New England. 

Most humbly sheweth : 

That forasmuch as the state of the case with your poor 
petitioners is really such as hath been presented unto your 
Majesty in their former humble addresse, being hereunto 
annexed. 

As also to the case and manner of their first e'oeina: 
forth from Old England to New, and of their remove 



* For this letter from John Clarke, and the one that follows, I am 
indebted to Mr. John Carter Brown, of Providence, who has kindly per- 
mitted copies to be made from a manuscript collection of original docu- 
ments in his unrivalled library of American History. This collection, 
which embraces ten folio volumes, contains miscellaneous papers relat- 
ing to New England, but chiefly to Rhode Island, copied for him from the 
originals in the State Paper Office, London. These letters, although 
without date, were evidently written about this period. The first is en- 
dorsed "The petition of John Clarke and others of Rhode Island.'' The 
other, "Second Address from Rhode Island to King Charles the Sec- 
ond." J R. B, 



490 RECOPwDS OF THE COLONY OF RHODE ISLAND, * 

1G62. from the place where first they landed unto the place 
"^^^^"^^ where now they are pitched. 

As to the wonderfull passages of the Providence of the 
most high (from whence the Plantations have taken their 
name), in guiding them thither and in makeing roome for 
them there, whereby they have purchased, possessed and 
planted these parts of the world in all desirable freedome 
and liberty, in all respects both among themselves and 
from all others, whether English or Indians. 

As to their humble addresse unto your Royall father for 
his further and more particular countenance and incour- 
agement of them in these their soe happy and soe success- 
full beginnings. 

As to their obtaining a charter of civill incorporation, 
the grounding their government thereupon, and causing 
all the visible acts of power to issue forth in his Majesties 
name. 

And lastly, as to their manner of the entertaining the 
first intelligence they had of your Majestys returne to 
your Royall throne, in causing a generall court to be 
forthwith called, and therein as a testimony of their ready 
and joyfuU reception of you, and of their faithfull allegi- 
ance and loyalty to you, in that they did order of their 
owne accord, and with joynt consent, that your Majesty 
should be forthwith proclaimed with as much solemnity as 
they could, in all the Townes of their collony ; and that 
all judiciall proceedings and acts of power should issue 
forth in your Royall name. 

Wherefore your petitioners humbly pray your Majestys 
favourable aspect towards them, who have still in their 
removes, and in the rest of their actings made it manifest, 
that they as the true natives of England, have firmly ad- 
hered in their allegience and loyalty to the soveraignty 
thereof, although by strangers, by many faire proffers 
againe and againe allured therefrom, and have it much on 
their hearts (if they may be permitted) to hold forth a 
lively experiment, that a flourishing civill State may 



AND PROVIDENCE PLANTATIONS. 491 

stand, yea, and best be maintained, and that among Eng- 1662. 
lish spirits, with a Ml liberty in religious concernments, '--•'■^'-^-' ^ 

and that true pyety rightly grounded upon gospell princi- '' 

pies will give the best and greatest security to true sove- 
raignty, and will lay in the hearts of men the strongest 
obligations to truer loyalty ; to which end wee are humbly 
bold, Roy all Sire, to present to your Majesty this our first 
and second addresse, and therewith humbly prostrate our- 
selves and your Royall subjects with our purchace and 
charter, being the titles wee have to our lands and our 
government, at your Majestys feete, hopefully craveing 
wee may find such grace in your sight, as to receive from 
your Majesty a more absolute, ample and free charter of 
civill incorporation, whereby under the wing of your Roy- 
all protection, we may not onely be sheltered, but (have- 
ing the blessing of the most High superadded as from 
former experience, wee have good grounds to expect) may 
be caused to flourish in our civill and religious concern- 
ments in these remote parts of the world, so shall your 
servants take themselves greatly obliged, while they are 
quietly permitted with freedome of conscience to worship 
the Lord their God, as they are persuaded to pray for the 
life of the King, even that he may live for ever and ever, 
and to make it their study which way they may best ap- 
prove themselves. 

Your Royall Majestys 
most humble, faithfull and 

obedient subjects, 
JOHN CLARKE. 
32 




RECORDS OF THE COLONY OF RHODE ISLAND, 



A Gemrall Court of Commissioners held at Warwicke, 
October 2Sth, 1662. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. William Carpenter, 
Mr. William Harris, 
Mr. Thomas Harris, 
Mr. Arthur Fenner, 
Mr. Zachary Roads. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Mr. Eichard Tew, 
Mr. John Gould, 
Mr. Caleb Carr, 
Mr. Greorge Gardiner, 
Joseph Torrey. 



PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Brydges, 
Mr. John Tripp, 
Mr. Samuel Wilbore, 
Mr. John Sanford, 
Mr. Thomas Brownell. 



WARWICKE. 

Mr. John Greene, 
Mr. John Smith, 
Mr. John Wickes, 
Mr. Samuel Gorton, 
Mr. Randall Holden, 
Mr. James Greene. 



Letter to 
Massachu- 
setts. 



Mr. Benedict Arnold, President, chosen Moderator. 

Ordered, that the letters that are come from Mr. John 
Clarke, both former and latter be read. 

Ordered, that the letter that is drawne vp and hath 
bene read by the President for the Secretary at Boston, 
by him to be communicated to the Governor and Counsell 
and Court of Debates, is aproved of, and to be sent to Mr. 
Rason, as abovesayd. 

Letter to Massachusetts concerning the land in dispute at 
Pawcatuck. 

To the Worshipful and much honored Mr. Edward Raw- 
son, Recorder of the Massachusetts, by him presently to 



AND PROVIDENCE PLANTATIONS. 498 

bee opened and read, and as soon as may bee after- 1662. 
wards, to be communicated to the Governour and '-*^^'^*-' 
Counclll, as also in time when a Generall Court sitts to / ^ 

be communicated to the Deputys, &c.; and alsoe in 
season to the commission of y® other Collonies. 
Much Honored Gentlemen : 

Wee having received and perused a letter from y"" Com- 
missioners of y*' other Collonies, subscribed Daniel Deni- 
son, President, in which is declared that noe answer hath 
as yett bene returned, either unto the Commissioners, or 
to your severall letters to us sent, concerning the differ- 
ences about the lands at Pawcatuck and other places 
(within this our collony), where some of our people have 
begun to plant. It is very strange unto us that such ex- 
pressions should come from y^ Honoured Commissioners, 
sitting at Boston, considering that there hath bene a very 
large declaration and answer sent and delivered unto your 
Secretary, Mr. Edward Kawson, for y^ use and perusallof 
your Governour, and also of your Court of Deputies ; 
which letter beareth date and was subscribed by order of 
our last Generall Court, at Warwick, May 22, 1662, and 
was sent by the hands of Mr. John Greene and Mr. John 
Sanford, who were, on purpose, desired to carry the same. 
And truely we cannot conceive how you could so much 
mistake us as not to understand our sense of your pro- 
ceedings and our sufferings therein expressed, occasioned 
by your pressinng into our jurisdiction. And yet, least 
by any accident you may have bene deprived the sight of 
that letter, here is enclosed a copy thereof, and again 
presented to your view. There being, we suppose by 
this time, a coppy alsoe thereof and of your informer in 
England ; in which, as you may see largely declared our 
sense of your strange carnages towards us, and unto 
which we refer you ; and shall herein only add a word or 
two, as concerning the expressions of the aforesayd com- 
missioners, in their foresayd letter touching our people's 
, possessing of lands at Pawcatuck ; not doubting but you 



494 RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. are acquainted with, and did acquaint them with the rea- 
^^-^--^^^^ sons that gave them occasion of so complaining as they do 
against our people for injuries and wicked demeanours in 
mowing meadows, threatening to drive away cattle, pro- 
faning the sabbath, selling strong liquors to the Indians, 
as they (the sayd commissioners) are pleased to asperse 
the sayd inhabitants with. We must profess our ignor- 
ance of the particular persons that have so practised, but 
are informed that some of yours (as you seeme to clayme 
jurisdiction over there), have done such like things as 
aforesayd, which occasioned us two constables to keep the 
peace. But it is no new thing for you thus to accuse us, 
and in the mean time to act most unchristian like towards 
us, by threatening and contemning, upbrayding and injur- 
ing us. Not to mention other former passages, you have 
now taken and kept as prisoners two of our neighbours for 
the space of neare a yeare, haveing nothing against them, 
as we yett understand, but that they took possession of 
land which they and their associates clayme as purchased 
of the Indians within this our colony bounds, haveing 
leave from our Court to purchase such lands. In truth, 
wee cannot but admire at your strange dealing herein, 
and that you yett continue complayning against us, whilst 
some of your people most insolently, and with high hand 
against the express mind and law of this Colony proceed 
to encroach and take into their hands, the lands lying 
in the heart of this Collony, even lands that some of ours 
doe alsoe clayme by virtue of purchase, &c.; so that, in 
truth, there appeareth no reason but for those proceed- 
ings. 

And gentlemen, forasmuch as you or the Commissioners 
now pretend authority by virtue of a Pattent, newly come 
over from England, granted to some gentlemen of Quo- 
necticutt, to clayme the Narragansett country ; — for you 
suppose its taken for granted that this matter is cleered 
on your side ; wee are very well informed of the validity 
of the pretence, and doubt not but you are also, or will be 



AND PROVIDENCE PLANTATIONS. 495 

thoroughly sensible of the injurious proceedings of those 1G62. 
that procured the sayd Patent by a underhand dealing, ^-*-v-*^' 
and that y*" power that granted it doth so resent it, and 
solves to do that which is right therein, being now fully 
informed of the sleights used by those that did purchase 
the same. 

Soe, Honoured Gentlemen, hopeing you will see cause 
to free our neighbours, whom you have taken in our Col- 
lony and imprisoned ; and that you will in your reason 
see it just to make reparation for the damages they have 
thereby sustayned, and will hereafter forbeare to force in 
upon this jurisdiction, and noe more molest any of the 
members of this Collony on your foresayd pretences of ju- 
risdiction here. 

Wee do promise you that we will live by you in all 
lovcing and quiet sort, not doubting but we shall be sup- 
ported therein by the divine power, and in due season al- 
so, to be thereby enabled to perswade such as now intrude 
here upon us to decline their insolent proceedings. And 
wee withall doe declare that if any of ours at Pawcatuck 
or elsewhere in this Collony, have entered on the just 
rights and intrests of any (whom you call your subjects, 
either English or Indians) illeagally ; that upon complaint 
legally made unto our Courts of Justice, held in the name 
and by the authority of his Majesty in this Collony, they 
the sayd aggrieved partyes shall have redresse in all 
just and equall manner.* 

And soe most Honoured gentlemen, we take leave and 
rest, your very lov'eing friends and neighbours. 

The Generall Court of the Collony of Providence 
Plantations. Signed in their name and by their 
order. JOSEPH TORREY, 

Generall Recorder. 

Warwick, October 27, 1662. 



* From the files of the General Court of Massachusetts, in the collec- 
tion of the R. I. Historical Society. 



496 RECORDS OF THE COLONY OF RHODE ISLAND, 

1662. Ordered, that there be one hundred and sixe pound 

^^-*"^'""*^ ray zed to make good fiftye three pound more in England, 

beVafssd for ^^ what IS aHrody agreed to be payed to Mr. John Clarke, 

Tohn Clarke jj-^ England which is thus divided: Forty seven pound, 

ten shillings to Newport ; Providence, twenty pound, 

twelfe shillings ; Portsmouth, twentye pound, twelfe 

shillings ; Warwicke, seventeene pound, sixe shillinges. 

Ordered, that the severall townes doe make good ther 
proportiones that are ordered for the severall townes to 
pay ; and what towne or townes doe fall short, and neg- 
lecte to pay what is ther due, that towne or townes shall 
make good what damadge accrue thereupon. 
Persons to Ordered, that the President and Mr. Caleb Carr be 

price goods. 

aded to Mr. William Brenton to prize the goods that are 
to be sent from the severall townes to make good what is 
ingaged by our agent in England. 
Prices to be Ordered, that the three men choosen, shall asrree of the 

sent to the ' ' O 

towns. severall prices of the severall goods, and send them to the 

Assistant of each Towne. 
Committee Ordered, that the five men formerly chosen to writte to 
Mr. Clarke. ^^ John Clarke, are agayne desired to writt to him on 

the Collonyes behalfe, they or the majour part of them. 
Commas- Ordered, that coppies be sent to Mr. John Clarke, of 
Letter. .j-j^^ letter that came from the commissioners of the United 

Collonyes, and the answer that is sent from this Court 

agayne. 

Ordered, that the Recorder shall signe the letters that 

are to be sent to Mr. John Clarke. 
Randall Ordcrod, that Mr. Randall Howlden's bill be received 

Howldon'3 ' 

*""• into Court and referred to the next Court of Election. 

Hards'^B. Ordered, that the case betweene William Harris, in his 
^'°°" indictment against William Barton, Richard Townsend, 
John Wickes, Jun'r, &c., for forceable entry ; and vpon 
the want of the King's name in the indictment, judgment 
was suspended and referred to this Court ; the Court re- 
fers the partyes agreeved to a dew course of law for 
right. 



AND PROVIDENCE PLANTATIONS. 497 

Whereas great inconvenyanceyes ensue by putting 1G62. 
titles of land, beino^ actionall ; and forceable entry or de- ^-^~>^-^' 

' ° ' '' The way of 

tayner being crimminall, all to one issue and tryall, as to ^\Xr"^^,^|| 
plead to the crimminall guilty or not guilty, and soe the ^""^''^ 
verdict come in accordingly, forasmuch as forceable entry 
a man may make into lands, &c., although his own; and 
if found guilty of the facte, his title seemely disparaged 
therby. Therfore, to avoyd the licke inconveniency. Be 
it enacted, that if any parson hearafter indict any other 
parson for forceable entry or forceable detayner, that the 
party indicted haveing traversed his indictment, the party 
indictinge or complayninge of the force, shall first declare 
in the same Court and plead to his title, waveing the 
force ; and the defendant shall make his defence, and the 
case be soe put to the jury, waveing the force, till the 
title be decided by verdict ; and the jury haveing found 
for plaintiffe or defendant, judgment shall goe forth to put 
him into his land by execution ; as also damedges may 
and shall, at the same time be pleaded to, and the execu- 
tion shall goe forth to take the same ; and as for a revue, 
it shall be alowed on the actionall case aforesayd as in 
other casses, and then the matter of facte or crime to be 
pleaded to after warde in a time by itselfe ; and the form- 
er or other jury engaged after the party indicted hath had 
his perremptory and other challenges, and the jury beinge 
ingaged in the same or other court that the title is tried 
in, they shall by verdict determine the party guilty or not 
guilty of the force, according to evidence and the light of 
their consciences. 

Ordered, that the Recorder shall have five shillings 
and eight pence of each towne for each coppie of this 
Court orders. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Documents relating to jurisdiction in the Narragansett 
country. At a meeting of the Commissio7iers for the 
United Collonies of Neio England, held at Boston, Sep- 
tember 4, 1662. 

lu answare to a petition of Thomas Minors, of Southerton, complaining 
of great abuses and Injuries which hee suffered by the Narragansett In- 
dians, vnder the Sachem Shawattocke, by detaining Rydiug, and con- 
cealing his horses ; and putting him to uery great cost to recouer them ; 
and abuseing him and others that went to demaund them ; for which sat- 
isfaction hath bin demaunded of the said Shawattock by Captaine Gokeu, 
by order of the Generall Cort of the Massachusetts : but instead thereof, 
the said Captain hath bin affronted and could obtaine nothiuge but frivo- 
louse answares ; whereupon, the said Captaine according to his order, 
Eequired the said Shawattock to appeer before the Comissioners at Bos- 
ton, to answare the said miscarriages ; and accordingly, an Indian named 
Itouse, appeered, sent by the said Sachem, made noe other answare, but 
that the said Shawattock knew noe Reason why hee should pay any thinge 
to Thomas Minor, seeing he had his mares again. The said Indian being 
demaunded what satisfaction hee would giue for the abuses offered to the 
said persons and others, by throwing stones and offering to strike with 
poles, and threatening to knoke them in the head, the said Indian made 
noe answare. 

The Comissioners considering the premises, doe sentance the said 
Showattuck to pay the sume of twenty pounds, wherof fifteen to the said 
Minor, and fiue for the offence offered to the peace of the countrey ; and 
in case of non paiment heerof within thirty dayes after demaund in a cop- 
py of this order, two of the said Sachems men to bee apprehended and sold 
to such person or persons as will pay the said sume of 201b., who are Im- 
powered to Transport them out of the Countrey, or other dispose of them 
as they shall see meet. Capt: Denison, and Thomas Stanton, and the 
Constables of Southerton, or either of them, are Impowered to execute 
this order ; who are alsoe Impowered to Require and seize soe much more 
of the said Sachems Ektate as may make meet satisfaction to themselues 
soe as noe vuessesary disturbance or damage bee put vpon the Indians 
therby. 

Seuerall Indian Testimonyes were presented to the Comissioners, wit- 
nessing the Injuriouse dealing of Samuel Wilbore and others of Road 
Hand, in claiming and posessing of some tracts of laud in the Narragan- 
sett Countrey, as alsoe deliuery and season of the said land made by 
some Narragansett Sachems to Captaine huchenson and Lieftcnant hud- 
son, for themselues and Companie, which Testimonies were distinctly 
Read, and Interpreted to the said Indians by John Stanton ; and were 



AND PROVIDENCE PLANTATIONS. 



499 



owned and accepted by the Indians tlieriu Eespectiuely named, the 1662. 
origiuall wherof were left on file amongst the Records of the Comissioners ^^^ 
att Boston. 

Captaine Gokens and otliers, complaining of the eontiuewed Injiiriouse 
dealing and proceedings of some of Koad Island, which haue bin formerly 
Represented to the Gouerment both by the Comissioners and the Massa- 
chusetts Collonie, and that without effect, the Comissioners thought good 
to send this following letter : 

Gentlemen : 

The last yeare from Plymouth Avee represented to you the Complaints 
of diners English and Indians of the Injuries and Intrusions of some of 
youer people vpon the Right of the Massachusetts att Paucatucke, and 
of some other particulare persons in other places, since which time wee 
vnderstand that the Gouernor of the Massachusetts, to which the said 
Paucatucke doth belong, by letters from theire Councell and Generall 
Court haue represented theire sence of the acting of youer people ; 
haueing alsoe in prosecution of theire Right, and for the protection of 
those that are seated there by theire order arrested and fined some of 
youers ; forceable entery made vpon our posession ; concerning youer 
Gouerment hath not as yett either to vs or to the said Gouerment of the 
Massachusetts declared their sence either owning or disowning it to be 
an acte of youer Gouerment. Onely Mr, Brinton in some letters hath 
declared his particulare apprehension, yett notwithstanding wee are en- 
formed youer people proceed with an high hand, and pretend authoritie 
for theire acting, and officers calling themselues Constables reddy to as- 
sist them in theire Injuries and ofFenciue (truely wee may say) wicked 
demeanours ; building vpon the land ; threatening Captaine Gokens ten- 
ant, to carry him to prison and driue away his cattle ; cuting his grasse \ 
by giueing ill example to Pequot Indians that are in subjection to vs ; by 
prophaning the sabbath, and selling great quantities of liquors to them ; 
which once and againe wee thought meet to present to you, considering 
that the rather (though wee could not ezely) the persons aforesaid acted 
without youer Incurragement, because wee haue seen a warrant signed 
by youer Recorder, Joseph Torey, by order of youer Generall Court, 
warning Captaine Gokens and othrs to advise and forbeare any further or 
future posession of any of the lands att or about Pacatuck, as they will 
answare the contrary att theire perill ; yett with expressing youer sub- 
mission to his Majesties determination; wherfore being joyntly desirous 
to prevent any further disturbance of the peace of the Collonies, though 
wee haue no doubt of the present Right and interest of the Massachusetts 
to those lands, wee arc willing to improue the argument that youer selues 
haue owned; and therefore thought meet to certify you that wee haue 
Read and perused a charter of Incorporation vnder the broad Scale of 
England, sent ouer the last ship, graunted to some gentlemen of Connec- 
ticutt, wherin the lands att Paucatuck and Narragansett arc contained, 
which wee hope will prevaile with you to require and cause youer people 
to withdraw themselues and desist from future disturbance ; otherwise 
assuring you that the vnited Collonies are engaged to assist and defend 



500 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1662. (?ach other in theire just Rights and posessions, intrcating and conjuring 
^^^.^^^.^^ you to wey and consider the scandall of youer actings, against which wee 
doe protest, and that the vnited Collouics are inoceut of the sad conse- 
quences and disturbances that will vnavoidably attend youer further con- 
tinuance therin; the Eighteous God, the God of peace incline youer 
harts and direct youer Councells to the wayes of Righteousnes and peace 
with those that are desirouse to continew. 

Gentlemen, 
youer loueing frinds and Xaighbours 

The Comissioners of these united Collonies. 

Mr. Pierson was seriously and solemnly invited by the Comissioners 
to Eemoue his habitation to Southertowne, and to apply himselfe in a 
more speciall [manner] to the worke of preaching the Gospell to the Pe- 
quots liueing thereabouts, with promise of suitable iucurragement for his 
care, paines, and trauell therin. 

John Stanton was solemnly advised to apply himselfe seriously to his 
studdy, that in Gods time hee may bee better furnished for imployment 
in the worke ; as alsoe that in the presence of his father or Captain Den- 
nison, hee communicate the Cattachisme and some part of the Scripture 
to them, teaching their children to read and write; and that in his whole 
conversation hee soe doe demean himselfe, that the Indians bee not justly 
offended theratt, but gained therby. 

The foregoing conclusions were agreed and vnderwritten by the 
Comissioners, September 16, 1662.* 

BENJAMIN FEN, DANIEL DENNISON, Presedent, 

Subscribed in Mr. THOMAS DANFORTH, 

Danforths sence ; THOMAS PRENCE, 

Captaine Talcott being JOSIAH WINSLOW, 

sicke and could not subscribe. WILLIAM LEETE. 



'- Hazard's State Papers, Vol. 2, pp. 4C2-iG9. 



AND PROVIDENCE PLANTATIONS. 




The Generall Court of Commissioners held at Providence, 
^ May the 12th, 1663. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. Thomas Olneye, 
Mr. William Carpenter, 
Mr. Thomas Harris, 
Mr. Arthur Fenner, 
Mr. James Ashton. 



COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Mr. Richard Tew, 
Mr. Henry Timberlake, 
Mr. John Crandall, 
Mr. Edward Larken, 
Joseph Torrey. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Baulston, 
Mr. John Brydges, 
Mr. John Tripp, 
Mr. Samuel Wilbore, 
Mr. John Sanford, 
Mr. Thomas Brownell. 



COMMISSIONERS FOR 
AVARWICKE. 

Mr. John Greene, 
Mr. John Smith, 
Mr. John Wicks, 
Mr, Samuel Gorton, 
Mr. Randall Howlden, 
Mr. Walter Todd. 



The President chosen Moderator. 



Ther being considerations presented to this Court con- 1^'"^™™ of 
seaming the obstructions that hinder the returne of the Grand jury. 
bills presented to the Grand Jury, or any matters that 
arise amongst themselves ; the Court doe advise that the 
Court of Trialls doe call the Grand Jury before them to- 
morrow morning, to inquire of them what the grownds are 
that they make not returne to the Court ; and if they can . 
remove their grownds, if possible ; if not, the Court of 
Trialls may make returne to the Court of Commissioners 
if they see cause, to crave forder helpe from them. 



502 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. Resolved by this Court, that the Court of Trialles may 
"-^"^'^^^ accept of those tenn men that cannot give in the verdict 

for want of ther fellowes to make vse of them in any other 

cause. 
Delays at This Court haviug taken into serious consideration the 

the Court of ° 

Triaiis. intollarable delayes that the Court of Trialls are from time 
to time put vpon, v^hich lies as a great opression vpon the 
Collony, by reson of the non-apearance of jury men ; and 
that because the fines, alredy sett are soe small that it is 
to ther great advantaage to pay the fine and stay at 
home. 
menrnd"'^' Thorcfore be it enacted, that in case any jurior, being 
their fines, (.j^Qggj^ ]h,y |.|^g towuc or towucs, ncglcct to apeare at the 

Generall Court of Trialles ; being called, he shall be lia- 
ble to pay a fine of twentye shillinges in currant pay of 
this Collony ; which, if not payd forthwith, shall be taken 
by distraynt by the Sheriffe as formerly, only in case any 
lawfull excuse shall apeare manifest to the present Court, 
wheare they should have apeared, then it shall be in the 
power of the Court, according to the wayt therof, to les- 
sen the fine to tenn shillings, five shillings, or nothinge, 
any lawes to- the contrary formerly made, notwithstand- 
inge. 
Treasurer to Aud fordcr bo it cuactcd, that whearas ther hath been 

be fined if ' 

any'ilotTrV ^7 souic towuc souic pcrsous retvrned for Grand Jury men 

menasju- ^^ ^^^^ Gcnnerall Court, that are not freemen of the Collo- 
ny, and soe not recorded in the Gennerall Records : that 
from henceforth if the towne or any towne in the Collony, 
shall hereafter chouse such and returne ther names as 
abovesayd, the sayd Towne Tresurer shall be lyable to 

fineTfor not V^Y ^^'^^ ^^^ ^^ Twcutye shilUuges for each such defeck ; 

/Smenf and the same to be taken by distraynt, on the Tresurer his 
estate, of the sayd towne ; and forder, if any towne shall 
refuse or neglecte to choose grand jurymen and petty jury- 
men, quallified according to former law of this Collony, 
and returne in their names to the Court accordingly. 
Such towne for every such defect, shall pay the sayd fine 



AND PROVIDENCE PLANTATIONS. 503 

of twenty e shillinges for juryman not cliosen, as pre. 1GG3. 
misecl ; and the sayd fines to be levied on the Towne ^-«'^^^"*-^ 
Treasurers as abovesayd, by the Generall Sargent by 
warrant from the Generall Recorder's office as formerly. 

October 21th, 16G2. 
Ther beino; a bill i3resented by Mr. Randall liowldon^ri- houi- 

o i -^ ^ den's bill. 

to the Court of Commistioners, which was referred to the 
Court of Commistioners that was to sitt in May ; and the 
bill being presented to this Court, and Mr. Howlden being 
called, and not apearing, nor none authorized that can 
specke to the pertickelers therin, therfore the Court sees • 
cause to wave the bill. 

The Court having seriously considered the motion which ^atyPray's 
has been presented to the Court by Richard Pray and'^'"'"''''®' 
Mary Pray, for a countinancing of them in the parting, 
the Court having seriously considered the matter, doe see 
cause vpon waytye grownds, to refer the full determina- 
tion and resolution of the thirige to the next Court of Com- 
mistioners, to give a full determination if they aply them- 
selves to them for redresse and reliefe in the matter. 

Ordered, that the bill that was presented by Mr. WickesM,-. wickes 
against Mr. Feild be taken cognizance of, and agetated 
accordingly. 

Ordered, that the bill that Mr. Wickes hath presented M>-.wickes 
against Mr. Feild, be referred to the next Court of Com- " 
mistioners, none desenting, and the said Wickes and Feild 
asenting. 

Ordered, that William Harris's bill be received without wimam 

^ Harris' bill. 

paying his noble. 

Ordered, that the Sargants bill being aproved and 
signed, be equally payed by each towne, that is fiftye ■ 
shillings on each towne. 

Ordered, that the Recorder shall tender the General 
Atorney his ingagement after the Court is broken vp. 

Ordered, that the recorder shall have for each coppie, 



504 



RECORDS OF THE COLONY OF RPIODE ISLAND, 



1663. and for writting in Court, eight shillings and eight pence 
-•'"^'"*^ for each towne. 



A Generall Court of Election held at Providence, May the' 
22, 1663. 

Mr. Benedict Arnold chosen President, and ingaged. 
Mr. William Feild, Generall Assistant. 
Mr. William Baulston, Generall Assistant, and in- 
gaged. 

Mr. Richard Tew, Generall Assistant, and ingaged. 
Mr. John Greene, Generall Assistant, and ingaged. 
Joseph Torrey, Generall Recorder, and ingaged. 
Mr. James Rogers, Generall Sargent, and ingaged. 
Mr. John Sanford, Generall Aturneye, and ingaged. 
Mr. Richard Bulsrer, Generall Solicitor. 



A Generall Court of Commissioners held at Portsmouth. 
October 14, 1663. 



COMMISSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. WilUam Carpenter, 
Mr. Zachary Roades, 
Mr. William Harris, 
Mr. Edward Thirston, 
Joseph Torrey. 

COMMISSIONERS FOR 
NEWPORT. 

Mr. Benedict Arnold, 
Mr. William Brenton, 
Mr. Richard Tew, 
Mr. John Easton, 
Mr. John Coggeshall, 
Capt. John Cranston. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Almye, 
Mr. Lott Strange, 
Mr. William Woodall, 
Mr. Francis Brayton, 
Mr. William Hall, 
Mr. PhiUip Tabor. 

COMMISSIONERS FOR 
WARWICKE. 

Mr. John Greene, 
Mr. John Wickes, 
Mr. Randall Howlden, 
Mr. Edmund Calverly, 
Mr. Richard Carder, 
Mr. James Greene. 




AND PROVIDENCE PLANTATIONS. 

The President chosen Moderator. 

Voted, that Mr. John Ckirkes letter be first read pri- 
vately in the Court of Commistioners. 

Voted, that the Letter shall be read openly before the 
freemen of the CoUony. 

Ordered, that two men of each towne shall be chosen to fi^'Ji^e'"''' 
draw vp ther thoughts how the money shall be payd to ciark^J'" 
Mr. John Clarke. 

The men of Providence, are : Mr. Zachary Rhodes and c^^'^™'""^'^ 
Mr. William Harris; for Portsmouth, Mr. William HallSonS' 
and Mr. Philip Tabor ; for Newport, the President and 
William Brenton ; for Warwick, Mr. Wickes and ]\Ir. 
Greene. 

Ordered, that the petition that is presented by Mr. J^uuJn'.eL 
Dyre, Mr. Nixson, &c., be referred to the former commit- '"" 
tee to draw vp ther thoughts by way of answer to the 
former to the Massachusetts, and to bring it to the Court 
to be confirmed or disannulled. 

Ordered, that the motion about the ferry, presented abo^^t" he 
that the petitioner would be pleased to treat with Mr. ^^"^' 
John Sanford, to see whether they can end the difference 
betweene themselves ; and if not, then to atend and pre- 
sent the thinge to the Court at ther next meeting. 

Ordered, that the Court be adjourned till Monday, 
eight o'clockej in the morning. 

October 19, 1663. 

The President chosen Moderator. 

Ordered, that this Court be adjourned till Friday, vn- 
lesse the Court of Triall end before. 

The result of the committee vpon the suply of Mr. John 
Clarke, the collony's agent, October 19, 1663. 

1. We vnanimously agree and commend it to the ^fl^j"^",*^"" 
court, that what sum is behind of the former ingagement paw.'° '" 
may be speedyly and efectually minded by each party, to 
be payed and sent according to former order as respecting 



■506 RECORDS OF THE COLONY OF RHODE ISLAND, 

16G3. tli8 SLimiii, tlio they have overpast the prefixed time first 
'^•='*''"-''""'^sett. 

2. That ther be presently one hundred pounds more in 
currant bills sent to England for the Collonys use withall, 
certaintly by the first shipe that goes, to be payd to Mr. 
John Clarke, or to his order, and if that cannot be done, 
then that Mr. Nixon's bill be vnderwritt and payd accord- 
ingly. 

3. That the hundred pound aforesayd be borne and 
payd in proportion, by the townes and Conanicutt Island, 
as followeth. That is, four and forty pounds in the 
Towne of Newport ; six pounds by Canonicutt, and sev- 
enteene pounds, ten shillings by Portsmouth ; as much by 
Providence ; and by Warwicke fifteene pounds : and that 
in case the bill bee payd to Mr. Nixon, that then the 
same aforesayd be doubled accordingly. And it is order- 
ed, that each towne make ther rate by ther owne choyce 
as formerly ordered ; and as for Connecticut, it is apoynt- 
ed that Mr. Coddington, Mr. Brenton, Benedict Arnold, 
Francis Brinley, Robert Carr and Caleb Carr, shall advise 
speedyly about it if they be at home, or neare to be in- 
formed ; and they or any three more of them shall make 
the rate aforesayd for Cononicutt, and apoynt some to re- 
ceive it ; and in case any refuse to pay, either ther or 
elsewher, then the Generall Sergant shall, by warrant from 
the Generall officers, or from any one or more of them, 
gather it, and besides [he shall have libertie] to take five 
shillings on the pound for his paynes, as was alsoe ordered 

Letter to for aud about the former rate. 

setts read in Ordered, that wheras the sub-committee weare ordered 

Court. ' 

to draw vp a letter to be sent to the Massachusetts vpon 
the request and petition of Mr. Nixon and Mr. Dyre ; 
and they having done the same, and a coppie therof being 
read in open Court, it is by them owned and approved of 
i;iootoi>3 and ordered to be recorded. 

paid to Mr. i i i • ■ i • t 

Clarke by Voted, that whcras ther have bme two motions proposed 



I 



bills on Eng- 
land. 



concerning the suply of Mr. John Clarke (viz.) : whether 



AND PROVIDENCE PLANTATIONS. 607 

they will make returne by bill ; and that to despatch a 1663. 
bill or bills, to defray and discharge one hundred pound in ^-'^v-*-' 
England, or pay Mr. Nixon's bill ; the vote is to pay one 
hundred pound by bill in England, and to send them by 
the first shipe ; for that part of the aforesayd bill that 
belongs to the Towne of Providence, according to their 
proportion, which is seventeene pound, ten shillings, Mr. 
Feild, Mr. Carpenter, Mr. Rhodes and Mr. Harris doe in- 
gage to discharge spedyly for England. 

Secondly, as to the proportion that is levied on the Newport 

•^ '■ ^ proportion 

Towne of Newport, which is forty four pound, wee (viz.) ; p'^on^ised. 
Benedict Arnold, Richard Tew, John Coggshall, John 
Easton, Capt. John Cranston, Edward Thurston, Richard 
Morris, James Rogers, and Joseph Torrey doe ingage 
that the next weeke wee will endeavour to procuer our 
towne to meet, and do not question but the money will, 
with ease be raysed, for that the Court need not to ques- 
tion our part ; and for Cononicutt, Mr. Benedict Arnold 
doth soe far presume, that none need to question what is 
imposed on Cononicutt. 

Thirdly, and for Portsmouth, there are that doe en- Pioportion 
•^ ' ' of Ports- 

gage, Lott Strange, William Almie, William Wodall, «"°"t»>- 

Francis Brayton and Philip Taber, that they will endevor 

to the vtmost of ther power to doe as the men of Newport 

ingage d to doe. 

Fourthly, and for Warwick, ther is Mr. John Greene, Warwick 

^ proportiou. 

Mr. John Weekes, Mr. Randall Howlden, Edmund Cal- 
verly and Richard Carder, aoe ingage as the men of New- 
port have ingaged to doe. 

Ordered, that the bill presented to this Court bynr. Nixon^. 
Mr. Nixon with the letter of advice be returned to him ^'"' 
againe. 

Ordered, that Mr. Howlden's bill be read in Court. 

Hugh Parsons accepted a freeman. 

Ther being a matter resented to this Court by Mr. charge or 
John Wickes against Mr. William Feild, of Providence, agarnr[wnv 
Generall Assistant, wherein he is charged for error in the 



508 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1663. execution of his office, and the Court having heard what 

^^^^^^^^ the sayd Wickes can make out against him ; and his de- 

• fence and answer thereto, and having seriously considered 

the matter, doe find that the sayd Feild is not guilty of 

the charge soe as to be fineable. 

Ordered, that the Recorder shall have sixe shillings and 
eight pence for each coppie of this Court's orders, and for 
attending the Court. 

FFINIS. 



A Generall Court of Commissioners held at Newport No- 
vember the 24:th, 1663. 



COMiAHSSIONERS FOR 
PROVIDENCE. 

Mr. William Feild, 
Mr. William Carpenter, 
Mr. Zachary Rhodes, 
Mr. William Harris, 
Mr. Richard Tew, 
Joseph Torrey. 



COMMISSIONERS FOR 
PORTSMOUTH. 

Mr. William Almye, 
Mr. Lot Strange, 
Mr. William Wodall, 
Mr. Francis Brayton, 
Mr. William Hall, 
Mr. Phillip Tabor. 



COMMISSIONERS FOR 


COMMISSIONERS FOR 


NEWPORT. 


WARWICK. 


Mr. Benedict Arnold, 


Mr. John Greene, 


Mr. William Brenton, 


Mr. Samuel Gorton, 


Mr. William Coddington, 


Mr. Randall Howlden 


Mr. James Barker, 


Mr. John Weekes, 


Mr. John Coggeshall, 


Mr. James Greene, 


Captayne John Cranston. 


Mr. Richard Carder, 



The President chosen Moderator. 



AND PROVIDENCE PLANTATIONS. 



509 



Voted, that Captayne George Baxter be desierod to 1663. 
brinff forth and present the charter to this Court. v-^-v-^t^ 

° ^ The Charter 

Voted, that this Court be adjourned vntill to morrow.J^^^^fJ'^ 
morning, eight of the clock, to give way for the charter to^^''*^'' 
be read. 

Voted, that the Moderator of the Assembly be chosen 
by vote. 

The President chosen moderator of the Assembly. 

Att a very great meeting and assembly of the freemen 
of the CoUony of Providence Plantations, at Newport, 
in Pthode Island, in New England, November the 24, 
1663. 

The abovesayd Assembly being legally called and or- 
derly mett for the sollome reception of his Majestyes gra- 
tious letters pattent vnto them sent, and having in order 
thereto chosen the President, Benedict Arnold, Moderator 
of the Assembly. 

It was ordered and voted, neme contra decente. 

Voted, 1. That Mr. John Clarke, the Collony Agent's ^YaVket" 
letter to the President, Assistants and Freemen of the'*""'' 
Collony, be opened and read, which accordingly was done 
with good delivery and attention. 

Voted, 2, That the box in which the King's gratious ^!ad^i,y^''" 
letters weare enclosed be opened, and the letters with the Baxter, 
broad scale therto affixed, be taken forth and read by 
Captayne George Baxter in the audiance and view of all 
the people ; which was accordingly done, and the sayd 
letters with his Majestyes Koyall Stampe, and the broad 
scale, with much becoming gravity held up on hygh, and 
presented to the perfect view of the people, and then re- 
turned into the box and locked vp by the Governor, in 
order to the safe keeping of it. 

Voted, 3. That the most humble thanks of this Collo- Thanks to 

be re urned 

ny vnto our gratious soveraigne Lord, King Charles the ^° ^ s ^^j. 
second, of England, for the high and inestimable, yea, in- 
comparable grace and favour vnto the collony, in giving 
those his gratious letters pattent vnto vs, thanks may be 



510 RECORDS OP THE COLONY OF RHODE ISLANL, 

1663. presented and returned by the Governor and Deputy Gov- 
"-'•^^'"*^ ernor, in the behalfe of the whole Collony. 
be returned Yotetl, 4. That for the present, and vntill the Collony 

to the Chan- . , , . . . 

ceiior. can otherwise declare than by wordes, their obligations vn- 
to the most honourable Earll of Clarendon, Lord High 
Chancellor of England, for his exceeding great care and 
love vnto this Collony, as by our agent abovementioned, 
hath allwayes bene acknowledged in his letters. The 
Governor and Deputy Governor are desired to returne vn- 
to his Lordsheepe the humble thanks of the whole Col- 
lony. 

Clarke's Votod, 5. That Mr. John Clarke's letter to the Gov- 



letter. 



ernor, Deputy Governor, Assistants and freemen of this 
Collony. be opened and read. 
Mr. Clarke's Votcd, 6. That Mr. John Clarke, the collony's a^-ent 

disburse- ' ^ ' J O 

dischlrge^i^ in England, be saved harmlesse in his estate ; and to that 
ufny^^*^°'" end, that all his disbursements goeing to England, and all 
his expenses and engagements there alredye layd out, ex- 
pended or ingaged, in order to the procuringe the King's 
Letters Pattent for this Collony ; and in any other mat- 
ters conducing to the coUonys behalfe in any sort whatso- 
ever ; as alsoe for their expences and ingagements, he 
shall be necessitated yett further to disburse on such ac- 
count, and vntill he shall have arrived, as he sayth hee in- 
tends to come next spring, shall all be repay ed, payd and 
discharged by this Collony of Rhode Island and Provi- 
dence Plantations, in New England. 
Thanks tc Votod, 7. That in consideration of Mr. John Clarke's 

he returned ' 

ci^ke,and aforcsayd, his great paynes, labour and travill with much 
£100 given ^g^y^jjf'jjj^jj^ggg exercised for above twelve yeares in behalfe 
of this Collony, in England ; the thanks of the Collony 
be sent vnto him by the Governor and Deputy Governor ; 
and for a gratuity unto him, the Assembly engage, that 
the Collony shall pay vnto the sayd John Clarke, or vnto 
his order heare in Newport, over and besides what is 
above engaged, the sume and full value of one hundred 
pound starling, in currant pay of the country ; alsoe to be 



AND PROVIDENCE PLANTATIONS. 511 

payd at, or before the twentyfifth day of December, in the 1663. 
yeare 1664. v-*-v-<*-' 

Voted, 8. That Captayne George Baxter shall havecap'^am^ • 
five and twentie pound starling, in currant pay given himSeshfs^' 
as a token from the Collony, of ther thankfull acknowl- b'Sng "' 

'' the Charter. 

edgment of the Charter, of which hee was the most foyth- 
full and happie bringer and presenter, by our agents order 
viito this Assembly, besides the charge of his being in and 
coming from Boston therewith, to be alsoe defrayed, and 
the said twenty fi^e pound to be payed him with all con- 
venient speed. 

Voted, 9. That all the abovesayd votes be recorded ^!^<'^°j'i"'''* 
by Joseph Torrey, Generall Recorder, and soe the Assem- 
bly is dissolved, in order to the acquiescing his Majestys 
order and commands in the Charter. 



At a meeting of the Governor^ Deputy Governor, and As- 
sistants, held in Newport the 26th November, 1663. 

The Governor, Benedict Arnold, in presence of the 
Deputy Governor and five Assistants, was engaged. 

The Deputy Governor, William Brenton, in presence of 
the Governor and five Assistants, was engaged. 

Mr. William Baulston, Assistant, ingaged. 

Mr. William Field, Assistant, ingaged. 

Mr. John Greene, Assistant, ingaged. 

Mr. John Coggeshall, Assistant, ingaged. 

Mr. Joseph Clarke, Assistant, ingaged. 

Mr. James Barker, Assistant, ingaged. 

It is ordered and agreed by this Assembly, that all^°^'J"^ 
Bonds and indictments to the Generall Court of Trialls in 
March next, shall stand in force ; as alsoe any judgments 



and Indict- 



512 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. of Courts, either in the Collony, or in any pertickeler 

'^-^^^'-^"^ townes whereby execution is ah^edy, or shall be legally 

taken forth, may be served as formerly by the former 

Generall or Towne Sargant, and vntill further order ; as 

alsoe that any petition formerly presented to a Court of 

Petition to Commissioners be taken notice of at the next Generall As- 

Generall 

Assembly. geni][)|y^ j^yi(\ thus the Court of Commissioners have or- 
dered to the Recorder, five shillings of each towne for his 
attendance on this Court ; and the Generall Assembly doe 
dissolve and resigne vs to the present government in 
obedience to his Majestys cooimands and commission in 
his gracious Letters pattent, vnder the broad scale of Eng- 
land, given and granted to this Collony. 

November the 2Qth, 1663. 

Agreed and ordered, that John Sanford is chosen 
Clarke of this present meeting, to record the acts of this 
meeting, and till the Court of Election, and is ingaged. 

The Governor, Deputy Governor and Council, having 
informed the Indian Kings, viz.: Quissuckquansh and 
Nineganitt, that his gracious Majesty of England, having 
taken notice of the Narragansett Sachems submitting , 
themselves subjects to his royall father, which submission 
^ , . . they subscribed in writino- and sent unto Enoland by Mr. 

Submission ^ '-' O J 

rlgans^tts" Gorton aud others of Warwick, they owne that they did 
submitt themselves unto his Majesty's Royall father, by a 
writinge under their hands about nineteene years ago ; and 
they are now come to know what answer his Majesty is 
pleased to returne them. Alsoe they owned that they 
sent a further declaration of their submission unto his 
Majesty by Mr. John Nickson, owning themselves therein 
his Majestys subjects. As also they then, by the said 
Mr. Nickson, sent their humble petition unto his Majesty 
Acknowi- for reliefe in severall wrongs offered and done unto them 
sachemr °by tho othcr Collonies. The aforesayd submission sent by 
Mr. Gorton, being read in this meeting, and shewed to 
the sayd Sachems, they owned it their act. 



AND PROVIDENCE PLANTATIONS. . 513 

It being informed that the Narragansett Sachem Quis- 1G63. 
suckquansh, that his Majesty of England hath graciously '""^•^■"^ 
been pleased in our Pattent, to take the sayd Sachem andj^hemie- 
all the Narragansett Indians and lands into his gracious ule'Kfni*' 
protection, as subjects unto himselfe ; and also that his 
Majestye hath given this Collony y"" government thereof, 
the sayd Sachem did voluntarily make answer that he 
most kindly thanked King Charles for his grace therein. 

It being also informed unto Nineganett, Sachem of the 
Nayantacott country as was informed as aforesayd unto 
the Narragansett Sachem ; he answered that he most 
kindly thanked King Charles. The sayd Sachems being 
shewed aforesayd declaration and petition sent by Mv. 
John Nickson, they owned the same to be their act, and 
doe returne his Majesty great thanks for his gracious re- 
liefe in releasinge their lands from those forced purchases 
and mortgages of theyr lands by some of the other Col- 
lonies. 

It is ordered, that the General Assembly bee by war- Meeting of 

^ •' *' the General 

rant from the Governor or Deputy Governor, called to as- ^''^'^*"-^- 
semble and sett at Newport on y*" first Tuesday in the month 
of March next, to order the Collonyes affaires, and pre- 
pare for the General Court of Tryalls following, which 
sayd Assembly should have been now forthwith called, 
had not the hazzard of the season of the yeare hindered. 

Whereas, there have matters gone forth under the Gen- Joseph Tor- 

' "-' rey, Gen'l 

eral Recorders hand which belong unto the next General ^JjJtY^^^^Jj 
Court of Tryalls. It is therefore judged of necessity to 
continue Mr. Joseph Torrey General Recorder in that of- 
fice, untill further order be taken by the General Assem- 
bly. Therefore Mr. Joseph Torrey is engaged. 

It is further ordered, that the constables of each towne, TownCierk.- 

' ' and Sar- 

as also the Town Clarkes and Town Sarjeants doe stand inf^j^jftl^J.^^''^ 

their places untill further order from a Generall Assembly ; 
having received a new engagement from either the Depu- 
ty Governor, Governor, or any one of the Assistants. 
Further, it is ordered, that if any of the sayd officers al- 



•314 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. ready chosen, refuse to serve in such their offices, then it 
^*'^~'-^*^ shall be in the power of y*" Governor, Deputy Governor, 
or any one of the Assistants, to constitute an officer in y® 
refusing party's roome ; and this order is also authentick 
in like sort for engaging Town Treasurers. And those 
that refuse to take their engagement, their names shall be 
returned, to be proceeded with according to law for their 
contempt. 
Santconl Jamos Rogcrs, Generall Sarjeant, is continued in that 
nnued. q^qq untill furthcr order be taken by y" General Assem- 
bly, and is engaged. 
General At- Johu Sauford, Gcncrall Attomev aud General Treasu- 

torney and "^ 

Jonunue" ^^^^^ '^^ contiuucd lu those offices untill further order be 
taken by this General Assembly, and is engaged. 

In consideration of many matters that may concern the 
Town Councill of each towne, as concerninge matters of 
administration, and such other matters ; therefore, those 
in each towne chosen to that office, are continued therein 
untill further order from the Generall Assembly. 

The Councill doe unanimously advise that the Governor 
and Deputy Governor doe write a letter unto y*" govern- 
ment of the Massachusetts, concerning the Indians, and 
such amongst us by them banished. 

It is ordered, that one Assistant in each Towne have 

Meetings"^"" power to Call a towne meeting in each Towne, to choose 
their Deputies for the Generall Assembly ; and also, in 
the mean time to call Tow^i Meetings for the transactions 
of other necessary Towne Affayres. 

3.mitaiy It is ordered, that the military officers chosen before the 

Pattent came, shall continue their places in y" exercise 
thereof, to all intents and purposes whatsoever, untill fur- 
ther order be taken by the Generall Assembly. 

It is ordered, that warrant goe forth from the Governor 
and Deputy Governor, unto Mr. Roger Williams and Mr. 
Thomas Olney, and for Mr. Porter to come before them, 
or either of them, to take their engagements, which said 
warrant is given forth. 



Officers. 



AND PROVIDENCE PLANTATIONS. 515 

These are the acts and orders of the Governor, Deputy 1663. 
Governor and Assistants. v„*«-v^'^*^ 

As Attests, JOHN SANFORD, 

Clark. 



Letter from Rhode Island to Massachusetts. 

To the much honored John Endicott, Esq., Governor 
of the Massachusetts, and to the rest in Councill as- 
sociated with him. 

Newport, Rhode Island, November 18, 10 Go. 
Gentlemen : 

Much Honored and Beloved : 
The inclosed coming with others unto our hands ever 
in y'' same manor, for our information : we have been per- 
suaded in our mindes to cause this sheete to bee put over 
it as a cover, y* it might come safe unto your hands. 
And our Generall Court being to meete at this towne on 
this day seavenight, sci, y® 24th of this instant month, wee 
took care that this inclosed might come speedily as well 
as safely to your view, y' so wee may receive your honor- 
able resents upon y^ same, having a coppy to shew our 
Generall Court; and haveing also advice, &c., to send to 
England your resentment, and noe doubt but our own, 
will also be presented there : and fully unto the purpose 
of his Majesties commands, soe that we are Ifold to in- 
treat your wisdoms to send us the result of your most in- 
genious thoughts in the premises, soe as we may present 
it to such here as are concerned to transact therein with 
yourselves, if you please, and y' with all expidition, for 
'f speedy extirpating y* roote or stem of discontent being 
or growing betweene these two Collonys ; and for a more 
certayne expedient, present our serious desires y' your 
honored commissioners lately here, or others might be 
called here to y'^ same end at our General Court, which is 



516 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. to sitt, being called to meete for y*" soUem reception of his 
^-''^^'^*-' Majesties gratious letters pattent, on the 24th inst,, 
abovementioned. Soe, Sirs and beloved gentlemen, pray- 
ing a lyne or two by way of answer unto these presents 
by the bearer hereof, we take leave,* - 

Honored Sirs, 
To rest and subscribe ourselves 

yours most humbly devoted in any 
Service of love and respect. 

BENEDICT ARNOLD, 
WILLIAM BRENTON. 

Massachusetts to Rhode Island, in reply to the foregoing. 

For the much Honored Beuediet Ariiokl, Esq'r. President of Road 
Island. 
To the Generall Court there. 
Honored gentlemen: 

Having receaved his Majesties gracious letter in your cover directed 
to myself and councill ; yours also being alike directed, I have most 
readily ordered that our council be called, to meet at Boston, the twenty 
fourth instant, to whom I shall impart his Majestys commands by reason 
of the season, and their distance one from the other, there is no possibili- 
ty of a sooner meeting ; their results I intend speedily to communicate 
to you, and doubt not of their readiness to concurr in a just and meete 
expedient for the ends proposed. With due respectb presented, remayne,f 
your assured friend and neighbour, 

JO: ENDICOTT, 

Gov'r. 
Boston, 21 November, 1663. 

I received yours after five of the clock, 20th instant, at night. 
* 

For the worshipfull Benedict Arnold, Esq'r, President for the Planta- 
tions of Providence and Roade Island, with his associates, or Generall 
Court, to be communicated and an answer desired and expected. 

Boston, 25 November, 1G63. 
Much Honored Gentlemen : 

I am required by our honoured Council to assemble at Boston, 24th 
inst., to signify to you that in and by your cover, dated 18th instant, our 
Honored Governor received his Majesties graciou letters to him and 



* J. Carter Brown's Manuscript Collection, f Do. 



AND PROVIDENCE PLANTATIONS. 517 

Council, directed ; which being communicated and perused, they have or 1663. 
dered me to returne this answer. That they apprehend it is not un- ,,_^,..^-.^^ 
kuowne unto you that the Government of Conecticot, by virtue of his 
JMajesties Eoyall Charter and grant made to yourselves, doc lay claimc 
to and challenge jurisdiction over the same place, i. e.: Southertowne, 
notwithstanding both your and their knowledge of the justice of our 
claime to the said place by conquest over the bloody nation of the Pee- 
quot Indians, and so many yeares possession, which his Majesty hath not 
bin informed of, whose Grace and Goodness in all his Charters, provided 
for the indempnity of persons in possession within the limitts of the place 
granted ; yet in obedience to his Majesties gracious letter and according to 
our Generall Court's former desires exprest, that an amicable way may 
be improved for the final issuing of all grievances that have arisen iipon 
that part of Southertowne, Block Island, &c., by you claimed. They 
are willing, and doe propose that uninterested arbitrators be equally 
chosen, two by yourselves, and two by us, out of other Collouies to heare, 
and any three of them to determine the same ; or in case three cannot 
come to such agreement, that the four arbitrators be impowered to 
choose a fifth, and on any three of their agreements to acquiesce as a 
fiuall end thereof, that th*e meeting of the said Arbitrators be at Plimouth 
towne, at such time as yourselves shall judge meete, so as at least the 
Arbitrators and this Government may have eighteeen days before the 
time prefixed ; and that they might not be wanting to manifest theire sin- 
cere desire of a speedy and amicable issue of such uncomfortable differ- 
ences, they have chosen Thomas Prince, Governor of New Plymouth, 
and Josiah Winslow, Esq'r, of the said Colony, desiring withall conven- 
ient speede to understand of you the acceptance of this motion and 
choice of two like unbyassed Gentlemen, by them nominated on notice 
thereof, and like liberty to except, if there be cause, they will nominate 
two others. It being to shorten only the work, that they thus propose, 
and not willing to give you further trouble at present : commending you 
to God, and his rich grace, remayne,* 

Gentlemen, 
Your assured loving 
friends and neighbours, 

EDWARD EAWSON, 

Secretary. 
In the name and by y" order of the Council of Massachusetts. 



* From the Massachusetts State Papers. 



518 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. 

Agreement betvxen the agents of Connecticut and Rhode Is- 
land, about the limitts of the two collonies. 

Whereas, Some differeuces hath of late fallen out betwecue Mr. Johu 
Wiuthrop, Agent for the takeing out of a patent for the Collony of Cou- 
necticutt, and Mr. Johu Clarke, Agent for the takeing out a patent for the 
Collouie of Providence aud Ehode Island, concerning the right meaueing 
of certaine bounds sett downe in a patent lately graunted to y" said Col- 
lony of Connecticutt. Aud Whereas, by reason of the doubtfuUnes of 
some names and expressions mentioned in the said patent, and for the bet- 
ter preventing of all disputes that might arise betweene the said Collonies 
hereafter, by reason of such vncertainties or dubiouseness : They, the 
said Johu Wiuthrop aud John Clarke, haue jointly and mutally nominat- 
ed, chosen and appointed William Brereton, Esquire, Major Robert 
Thomson, Captaine Richard Deanc, Captaine John Brookehaveu, and 
Doctor Benjamine Worsely, or auie three or more of them, to heare and 
consider the State of the said dilTcrence, aud to determine what they judge 
might be most commodious in order to the settling the said bounds, 
cleareing of all vncertaineties, and glueing umutuall satisfaction to both 
the said Collonies, Wee, whose names are vnderwritten, haueing in pur- 
suance of their request, mett together, and haueing at large what hath 
beene alleadged on each side, on behalfe of themselves and the respective 
Collonies, to whorae they doe respectively belong, vpon seriouse debate 
and consideration had of tlic whole matter, Wee have jointly aud vnani- 
mously agreed to offer this advice as followeth, First, That a River there 
commonly called and knowne by the name of Pawcatuck River, shall be 
the certaine bounds betweene those two Collonies, which said River shall 
for the future be alsoe called alias Narrogansett, or Narrogansett River. 
Secondly, if anie parte of that purchase at Quinebage doth lie along vpon 
the East side of the Riucr that goeth downe by New London, within sixe 
miles of the said River, that then it shall wholly belong to Connecticott 
Oollonie, as well as the rest which lieth on the Western side of the afore- 
said River. Thirdly, That the proprietors and inhabitants of that land 
about Mr. Smith's Tradeing house claimed or purchased by Major Ath- 
erton, Captaine Hutchinson, Lieutenant Hudson, and others, or given vn- 
to them by Indians, shall have free libertie to choose to which of those Col- 
loneis they Avill belong. Fourthly, That proprietie shall not be altered 
nor destroyed, but carefully maintained through the said Collonies. 
Dated this seaveuth of Aprill, 1663. 

WILLIAM BRERETON, 
ROB. THOMSON, 
B: WORSELEY, 
JO: BROOKHOUEN. 

To the foure proposalls abovementioned, Wee, the said John Winthrop 
and John Clarke, doe consent and submit as a full and fiuall issue of all 



AND PROVIDENCE PLANTATIONS. 519 

the controversies betwixt vs. In witne.-^ whereof, wee have intorchang- 1Q53. 
ably sett uur hands and seales, this [blank] daie of Aprill, Anno Domini, ^^..^^^^ 
1663, and in the fifteenth ycare of y° reighne of nar Soveraigne Lord, 
Charles y° Second, by y° grace of God, King of Eiiglnud, Scotland, 
France and Ireland, defender of y' faith, &c."' 

JOHn'wINTHROP. [Seal.] 
Signed, Sealed and Delivered iu 
y° presence of 
EoB. Thomson, 
J. Beane, 
Wm. Potter. 

[A large number of Documents connected v/ith the controversy, re- 
garding the limits of the Colonies of Rhode Island and Connecticut, as well 
as the jurisdiction of the Narragansett country have been preserved, but 
they are too voluminous to insert here. The editor has published a fevr 
which are strictly of an official character. Among the Colonial documents 
of Connecticut, about two hundred and fifty of these documents have been 
collected and bound together, to the most important of which, reference 
is made in the appendix to the *'Collonial Records of Connecticut," 
from 1665 to 1677, printed at Hartford, 1832.] 



J. Carter Brown's manuscripts. No. '27. 



aENERA.L IjSTDEX, 



Abbott, Dan'l, receives a home lot in 

Providence, 24 

Acassassotic, a Long Island Sa- 
chem 296, 297 

Accessories, law of 1G47 regard- 
ing, . 172, 181 

Acquidneck, deed of, from Canoni- 
cus and Miantonomi to W. Cod- 
ington, 44 

receipts of sachems on account of 

the purchase of, .... 48, 49 
testimony of Wm. Coddington re- 
lative to the purchase of, . . 50 
gratuities paid Indians for, . 48, 49 
list of inhabitants admitted 1640, 90 
to be called the Isle of llhodes, or 

Rhode Island, 1644, .... 127 
Massachusetts claims jurisdiction 

over . , 133 

authorized to enact certain or- 
ders, penalties, etc., .... 206 

Adams, Nathaniel, 92 

Adultery, law of J 647 regarding, . 173 
persons convicted of, to be whipped 

in different towns, 311 

a town magistrate may grant di- 
vorce for, 312 

Aiaquamit, testifies to his father's 

act Caujaniquaute, 36 

Alarms, to rouse the people in case 

of danger, .... 68, 102, 154 
Albro, Albury, Alborah, Alsberre, 

John 72, 127, 299, 244 

commissioner for Portsmouth, 428, 437 

Alcock, John, 466 

Alehouses shfill not be kept without 

licence, 18.5 

Almy, Almye, Almie, William, 330, 350, 
357. 444, 507 
land granted to, in Portsmouth, 
1644, ......... 82 

assistant for Portsmouth, . . . 210 

commissioner for do., 326, 327, 354, 

504, 508 

Almy, Christopher, 314, 330, 331, 347, 

387, 388, 389 

Almy, Thomas, ....... 440 



Allen, George, 92 

Allen, Samuel, an inhabitant of 11. 

Island, 1638, 92 

Allen, Ralph, 92 

Allyn, Lieut, John 457 

Arnold, Benedict, 263, 300, 302, 311, 313, 

321, 325, 328. 331, 334, 339, 350, 409, 

418, 420, 421, 429, 433, 435, 438, 441, 

442, 444, 446, 448, 482, 506, 507, 509. 

land grairted to in Providence, in 

1636, 15, 17, 

one of the first settlers of Provi- 
dence, in 1636, 14 

receives a home lot in, .... 24 
signs first compact at, 1640, . . 31 
letter sent to about subjecting to 

the Colonic, 218, 219 

commissioner for Providence, . . 428 
for Newport, 278, 281, 304, 316, 327, 
354, 366, 408, 419, 437, 447, 468, 
480, 492, 501, 504, 508. 

for Warwick, 337 

for Portsmoth, 431 

assistant for Newport, 382, 303, 427. 
436 
moderator, 278, 282, 345, 346, 353, 
366 386, 394, 409, 420, 467 
discharged for an account of £23, 340 
President, 353, 404, 405, 407, 467, 504 
letter concerning the Quakers, . 378 
to adjust the dispute with Ply- 
mouth about Hog Island, 390, 409 
purchase of Dutch Island by, . . 403 
his letter from John Clarke, Lon- 
don, read to the Assembly, , . 447 
claims lands on the Pawcatuck 

river, 455 

advances 40s. to pay the expenses 
of two messengers to Massachu- 
setts, 474 

governor, 511 

letter to Governor Endicott, . .515 
letter from " "in reply, 
relative to the disputed jurisdic- 
tion of the Narragausett coun- 
try, , . 516 

Arnold, Stephen, . . , 323, 387, 482 



522 



GENERAL INDEX. 



387 



AnjolJ, Thomas, 

AvDold William, . . . 04, 299, 323 
transfer of land to, by lloger Wil- 
liams, 1638, 20 

signs first compact at Providence, 31 
letter to Massachusetts, . . . 234 
robbed by Indians at Pawtuxet, . 405. 
Ammunitiou in the colony, account 

to be taken of, _ 320 

received from John Clarke, in 

London. 346 

to be furnished to the towns, . . 346 ! 

Andrews, Edward, 302 j 

Angell, Thomas, commissioner for 

Providence, . 250, 258. 267, 271 j 

Angell, Thomas, ..... lo, 24, 299 } 

among first settlers of Providence, 14 j 

signs first comnact at, . . . . 31 i 

Anthony. John. 82. 108, 110, 127, 299, ' 

313, 387 i 



447 I 



. 115 



151 



commissioner for Providence, . . 

Arbitrators to form a go^jernment 

for Providence, 1640, .... 

Archery, laws of 1647, regarding, . 

Arms of the colony 1637 to be a 

sheaf of arrows, . 
Arms of the colony 1647, to be an 

anchor, 

Arrest of strangers, act in relation 

to 230 

Askomicutt, petition relative to the 

purchase of, 449 

Ashton, James, commissioner, 245, 550. 
267, 271, 299, 394, 408, 501 
Assembly, rules and acts for the 

well-ordering of, 213 

members of to be fined sixpence 

for whispering, 214 

members of, not competent, may 

be suspended, 221 

twenty shillings allowed to mes- 
senger to repair to all the mem- 
bers of, 317 

to meet once a year, 400 j 

meetings of, may be called by the 

president and council, . . . 401 | 
dissolved, and government resign- 
ed to his majesty, 512 

Assembly's acts to be sent to every j 

town, • . -^ 213 I 

Assistants invested with office of j 

justice of the peace, .... 101 I 
to sit with the president at courts 

of trial, 195 

Assotemuet 46 

Aspinwall, Wm., one of the signers 
of the compact in Portsmouth, 

1638, 52 

chosen secretary, 53 

concerning defaults of, ■ • • . 64 



]Mr., the building of his boat for- 
bidden, 66 

shallop of, attached for debt, . . 68 
one of committee to lay out lands 

in Portsu-iouth, 71 

has two hundred and forty acres 
of laud on Ehode Island, ... 73 
Assault and battery, law of 1647, re- 
lative to, 171 

Atherton, Major, letter to be writ- 
ten to concerning purchases of 
lands by him in the Narragan- 
sett country, contrary to law, . 421 
letter from, ordered read, . . . 428 
commissioners to treat with, 433, 428 
report of the committee in relation 

to, 438 

deed to, of northern tract from the 

Narragansett sachems, . . • 464 
mortgage to, of the Narragansett 
country from the four sachems, 465 
I letter from Charles 2d, confirm- 

27 ! ing the purchase by, .... 466 
186 ' Attorney General to be appointed, 

and the duties of, 225 

Attachment, property liable to, . . 227 

Aurania, fort at. 344 

Avery, Ensign 457 

Awardes, Richard, 70, 91, 100, 111, 127 



Awardes William, 
Awashotust, . 
Awashoose, 
Awashonse, 
Awashwash, 
Badcocke, James, 



84 

. . . .131 
. ... 136 
. . . .464 
.... 451 
.221,366,419 



an inhabitant of Portsmouth, 76, 300 

to look up fire arms, 77 

land granted to in Portsmouth, . 77 

Baker. V.'m., . . . .9^,92,132,300 

grant of land to, in Portsmouth, . .59 

commissioner, 345 

Baldwin, Thomas, 302 

Barker, James, 127, 209, 300, 444, 450 
committee to demand the records 

of Mr. Coddington, . . . ^ 265 
commissioner, . . • • 316, 447, 508 

assistant, ^H 

Barton, Rufus 75,81 

old Mr., to have a piece of mead- 
ow, 7^ 

Goodman, '" 

Barton, William 496 

Bartlett, John, 92,94 

Bassett. Henry, • • • • • • -300 

Baulston, Balston, Balstone, Boyl- 
ston, William, signs the com- 
pact at Portsmouth, 1638, . . 52 
at Portsmouth, 53, 54, 56, 57, 62, 71, 
82, 85 
grant of land on Rhode Island to, 55, 82 



GENERAL INDEX. 



523 



to set up a house of enterlain- 

ment. and brew beer, .... 55 
chosen captain of train band, . . 56 
has two liundred and forty acres 

of land, • 73 

to view the fences, 78 

to see that every freeman is pro- 
vided with powder and bullets. 80, 83 
to have £9 a year for John Mott's 

washing- and diet, 8'2 

chosen assistant and treasurer, 101, 

110, 112, 120 

lieutenant of train band, . . . 120 

report on the accounts of, . . . 126 

assistant, 209, 231, 336, 353, 386, 404, 

408, 427, 436, 467, 504 

commissioner for Portsmouth, 277, 

281, 299, 304, 316, 337, 345, 366, 

394, 408, 419. 431, 437, 446, 468, 

480, 492, 501, 508. 

Ballston, 100, 305, 307, 314, 321, 338, 

390, 417, 418, 419, 420 421, 422, 

427, 433, 435, 438. 441, 444, 446, 

449,468,482,511. 

Baulston, Lieutenant, to erect a 

mill, 1640, 76 

Ballue,Maturin, 387 

Banishment, act in relation to, . . 230 
Barbadocs, transportation of horses 

and cattle to 338 

Baxter, Capt. George, desired to 
bring forth and present the 

charter, 509 

charter read by, in view of all the 

people, 509 

£25 voted to, -.511 

Bazicott, Peter, 302 

Beast, penalty for keeping a strange, 341 
Beeder, Thomas, at Portsmouth, 

1639, . . 70, 91 

Bellingham, Mr 325 

Bellow, Ballow, Robert, ... 77, 83 

Bennett, Hugh 299 

Bennett, Hugh, commissioner for 

Providence, ..... 209,345 

general sargent, 245 

Bennett, Ptobert 300 

Burnetti Samuel, commissioner, . . 354 
Bewitt, Buit, Hugh, 24, 31, 226, 263. 
299, 357 
commissioner for Providence, 235, 239, 
241, 250, 2.58, 354 
general sargent, .... 242, 262 
placed in custody as a prisoner, . 252 
examination of, .... 252, 253 
ordered to take his seat in the As- 
sembly, 255 

charged with treason, .... 252 
declared not guilty by the General 

Assembly, 255 

Bimeleck, an Indian, 454 

34 



Bishop, Henry, . . 92, 108, 111, 112 

Blatchford. Peter, 457 

Blackford, Nicho., 300 

Blaxton, Blakstone, William, has 
liberty to record his land in the 

colony records, 341 

complains that John Browne is 

taking up land near him, . . 411 
note relating to, from. Hutchin- 
son's Mass., 412 

Blisse, George, .... 221, 300, 333 

Boomer, Mathew, 300 

Boundary between Newport and 

Portsmouth, 114, 115 

of the western line of the colony, 

committee to run, 417 

John Winthrop to be notified of 
the intention to run, .... 417 

Borden, Burden. John, 76 

Thomas 75, 300 

Francis 300 

Richard, 79, 91, 111, 299, 315, 345, 
353, 357 

grant of land to, 55 

to aid in surveying lands, . . 64, 102 

commissioner for Portsmouth, 277,281, 

354 

assistant for do., 264, 265, 273 

general treasurer, 282 

commissioner relative to the Dutch, 265 
Bow and arrows, every one to be 

provided with, 186 

the use of, to be taught children, 186 
Bo3'lston, see Baulston. 

Brace, Mr 108, 110 

Bradstreet, Simon, .... 376, 466 
Brayton, Braiton, Francis, 299, 473, 507 
at Portsmouth, 1643, .... 78 
commissioner, .... 468, 504, 508 
Bread, assize of, ordered, 1638, . . 61 
Brenton, Mr. [William], at Ports- 
mouth, 58, 59, 61, 62, 63, 87, 100, 
299, 421, 429, 4-35, 442, 447, 449,482, 
496, 506. 
chosen to the place of eldership, . 64 
land granted to in Portsmouth, 82, 109 
chosen deputy governor, 101, 112, 120 
complains of Coddington for ship- 
ping his horses, . . . 337, 338 
action of the Assembly in relation 

to do., . . . 348, 358, 360, 361 

president of the colony, 427, 436, 467 

commissioner for Portsmouth, 431, 447 

do. do. Newport, 480, 504, 

508 

moderator, 4-32. 436, 437 

letter to, from John Clarke, in 

England, read, 480 

to write John Clarke, about the 

bounds of the charter, . . . 484 
deputy governor, 511 



524 



GENERAL INDEX. 



letter to Grovernor Endicott of 

Massachusetts, 515 

Bridges, John 70, 447, 482 

land granted to, 80 

commissioner, 419, 437, 480, 492, 501 
Briggs, John, 75, 91, 111, 299, 311, 315 
to examine the fire-arms iu Ports- 
mouth 77 

suspended till he gives satisfac- 
tion, 119 

suspension removed, 124 

assistant from Portsmouth, . . 210 

commissioner for do., 277, 281, 304, 

316, 326, 327 

Brinloy, F., recorder, 47 

Brinley, Francis, 506 

Brookes, Thomas, land granted to in 

Portsmouth 81 

Brookes, Thomas 127, 299 

Browce, Edward, 92 

Browne, BroAvu, Chad, among first 

Settlers of Providence, ... 14 
receives a home lot in, .... 24 
one of the arbitrators to form a 
government, report of, . . . 27 i 
Brown, Nicholas, signs the compact I 

at Portsmouth, 1639, . . . . 70 1 
dismisses himself from do., . . 73 
to have land in do., . 79, 84 

freeman of Aquidneck, . . 91,299 

Brown John 299, 387 

commissioner for Providence, 277, 281 
forbidden to take up land near the 
boundary of Plymouth and Prov- 
idence, 411 

recorder, .47 

Browne, Henry, commissioner for 

Providence, 239, 250, 252, 258, 281, 
299 

Tobias, 76 

Brown, John Carter, manuscripts 

from the library of, 464, 465, 489 
Brownell, Thomas, 151, 300, 304, 316, 

437 

commissioner for Warwick, . . 447 

do. do. Portsmouth, 492, 501 

Browninge, Nathaniel 299 

Buggerie, law of, 1647, regarding, . 173 

Bulger, Richard 282, 328, 427 

solicitor general, . . . 336, 467, 504 

commissioner dq., 345 

Bull, Henry, 56, 60, 61, 62, 63, 101, 110, 
112,120,300,307,311 
signs the compact at Portsmouth, 

1638, 52 

among the founders of Newport, 

1639, 87 

sarjeant of Portsmouth, .... 65 

commissioner for Newport, . . 304 

do. do. Providence, . . 354 

fine remitted to, .... .340 



Bullock, Erasmus, 1639, . . . 70,91 
Bulls, a certain number to bo kept, 95 
Burglary, law of 1647, regarding, . 166 
Burning of houses, penaltv of death 

for, ■-.... 167 

Burdett, Robert, arrested by Mas- 
sachusetts in Southertown, . . 455 

narrative of do., 456 

imprisoned and fined by Massa- 
chusetts, ...."!... 462 
Burdick, Birdick, Robert, . . . 356 

Thomas, 302, 303 

Burrwood, Thomas, to be written to 
about a patent for Rhode Island, 

1639, 94 

Burt, James, 92 

Burton, Thomas, 92 

Burton, William, permitted to buy 

land of the Indians, . . . .483 
Burrows, Burrowes, William, . 24,31 

Busserole, Peter, 221 

Cadman, William, 426 

Calverly, Edmund, 507 

permitted to buy hind of the In- 
dians, 483 

commissioner, 504 

Card, Richard, 301 

Carder, Richard, 52, 56, 59, 62, 63, 100, 

136, 302, 420 

has laud at Portsmouth, ... 73 

to lay out land in Portsmouth, . 85 

disfranchised and name struck 

from roll, 111,119 

to be arrested if he comes upon 

the Island armed, 123 

one of the grantees of the town of 

Warwick, 130 

connnissiouer for Warwick, 409, 428, 
432, 504, 508 
Carr, Robert, an inhabitant of Rhode 

Island, 1638, 67, 91, 111, 301, 506 

Carr, Caleb, . 281, 301, 450, 496, 506 

commissioner, . . 409, 432, 447, 492 

general treasurer, 437 

Canonicus, deed of laud from, to 

Roger Williams, 1637, . . .18 
uncle to Miautonomi, .... 37 
deed of Acquidneck fron:, to Wm. 

Coddington, 44 

gives the island of Prudence to 
Roger Williams and Governor 

Winthrop, 40 

receipt from William Coddington 
of articles on account of the 
purchase of Acquidneck, . . 49 
protector of Miantonomi, . . . 136 
signs act of submission to the king 

of Great Britain, 134 

letter from, to Massachusetts, . 136 
Caujaniquante, successor of Canoni- 
cus, confirms deed of land to the 



GENERAL INDEX. 



525 



inhabitfints (il Providoiico and 

Pawtuxet, 35 

letter of Roger Williiuns ia rela- 
tion to, 31) 

Ciirjicnter, AYilliaiii, 2'Jl), o23, 430, 444, 

482 
land granted tu in IGoO, . . 14 

do. trausfc;rrod £0 hy Roger Wil- 
liams, 1G38, .../... 20 
receives a homo lot in Provide'iiec, 24 
sigus the compact in 1G40, ... 31 
commissioner, oGO, 419, 428, 468, 480, 
492, 501, 504, 508 

Case, William, 301,303 

Cattle, damage done b}^, . . . . 07 
pound for, to be made, .... 68 
keepers appointed for the herds of, 95 
spare, to he kept at Sachest, . . 95 
exported, returns of, to be made, 150 
taken on execution, how apprized, 231 
transportation of, to other places , 338 
Champertors, laws of 1647, regard- 
ing^ . " . . 179 

Chare, George, 70 

Champlin, Jeffrey, 69, 91, 108, 110, 301 
Charles 2d, letter to Parliament, and 
proclamation read to the As- 
sembly, 432 I 

proclamation as king throughout ; 

the colony, 432 ' 

writs and documents to be isssucd 

in the name of, 432 

declaration of, and letter to tlu^ 
House of Commons to be enter- 
ed on the public records, . . 433 
authority of, publicly acknowl- 
edged, . 442 

letter of, confirming Major Atlrer- 
ton in the proprietorship of the 
Narragansett country, . . . 466 
vote of tlianks to, by the Assem- 
bly, for the charter, ... 510 
Charter of Providence Plantations, 

1643, 143 

to be put in the president's hands, 380 
no copy of to be given under pen- 
alty of £100, ...... 383 

of 1663, Capt. Baxter brings forth 

and presents 509 

" read with becoming gravity," 509 
vote of thanks to the king for, . 509 
acknowledgments to John Clarke 
. for "his labor, pains and trav- 
ail" in procuring, ..... 510 

Chasmoro, Richard, 355 

Chesbrough, William, testimony of, 
relative to difficulties at South- 

_ ertown, 455 

Samuel do 455 

Nathaniel do 455 

Elisha do 455, 457 



Chibachuwese, or Prudence Island, 
sold to Roger William.s and 
Governor Winthrop, by Canoni- 

cus, . . . 45 

Church, every man ordered to car- 
ry arms to, ... ^ ... 79 
Clarendon, Earl of, vote of thanks 
to " for his exceeding great care 
and lov(i unto this colony," . . 510 
Clarke, John, one of the signers to 
the compact at Portsmouth, 

1638, 50 

at Portsmouth, 53, 56, 58, 59, 60, 61, 
62, 63 
at Newport, . . . 87, 100, 110, 300 
six acres of land on Rhode Island 

given to, 55 

to survey the land and make plat, 64 
one of the C(numittee to lay out 
lands in Newport, arrange high- 
ways, dispose of farms, ""(fcc, 88, 89 
to write to jMr. Yane about pro- 
curing a patent for Acquid- 

neck, 1639, 94 

lands of, where recorded, ... 49 
on the committee to petition for a 

patent, or a charter, 1640, . . 125 
commissioner for Newport, 209, 216, 
220 
general treasurer, . - . . 217,221 
nominated to go to England, . 231 
sent to England to procure the re- 
peal of Coddington's commis- 
sion, 234 

letter to be sent to, in England, 

by the colony, 283 

instructions to read and approved, 283 
mention of by Roger Williams, in 

his letter to Rhode Island, . . 351 
letter of thanks ordered to be writ- 
ten to, . ... 317, 321, 421 
letter to be written to relative to 

Mr. Coddington, 328 

sends ammunition from London, . 346 

William Harris's book and cliarg- 

es of Roger Williams against 

sent to, to be submitted to the 

English government, .... 364 

money to be raised to be sent to, 

for ammunition lost, . . 395, 416 
letter from the colony to, to be 

presented to Cromwell, . . . 395 
letter from, read to the Assembly, 420 
committee to send commission 
^ and instructions to, .- . . . 421 
£50 to be raised and sent to, . . 422 
letter from, read to the Assembly, 432 
commission to, from the Assem- 
bly, as agent and attorney in 

England, ". . 433 

money to be raised by contribu- 



526 



GENERAL INDEX. 



tiou to be sent to, 444, 448, 480, 
496, 505, 506, 507 
committoe in each town to receive 
contributions of cattle, corn 

and money, 445, 448 

letters from, to the colony ordered 

to be read, 447, 505 

committees to draw up a letter of 

thanks to, . . . .448,484,496 
letter from, to Mr. Brentou, read 

to the Assembly, 480 

towns pledge themselves to raise 

money for, 482 

enconragementfrom, that the char- 
ter will be forthcoming, . . . 482 
petition of, in behalf of, Rhode Is- 
land, to Charles 2d, . . . _ . 485 
second petition and address of, in 
behalf ofRhode Islaud,to Charles 

2d, 488 

commissioners of the colonies, let- 
ter to be sent to, 496 

letter from, . accompanying the 

charter, read, . • • • 509, 510 
great charter of 1663 received 

from, 509 

all his disbarsements in England, 
and all expenses attending his 

agency to be paid, 510 

vote of thanks to, for "his great 
pains, labor and travail exercis- 
ed for above twelve years in 
behalf of the colony," . . . 510 
other references to, . . 331, 332, 436 

Clarke, Captain, 127, 212 

Clarke, Jeremiah, Jeremy, 63, 87, 91, 
93, 98, 99, 100, 101, 110, 301, 451 
lays out land in Newport, . . . 102 
lieutenant of train band, . . . 121 
chosen treasurer, . . . 127, 148, 209 
substituted as president in place 

of Coddington, 211 

Clarke, Joseph, at Portsmouth, 1638, 67 
do. do., 91, 95, 100, 111, 301, 364, 
421, 433 
assistant, . . 209, 386, 404, 408, 511 
commissioner, 316, 354, 366, 408, 419 
arrested by Massachusetts in 

Southertown, 455 

narrative of do., 456 

Clarke, Thomas, 91, 95, 100, 111, 301 

Clarke, Latham, 451 

Clarke, Henry, 451 

Clawson, John, 330 

Cleer, George, 91 

Clement, Thomas, 299 

Clifton, Cleveton, Thomas, . 263, 301 

Cocumcosuck river, 464 

Coddington, William, deed of Aquid- 
neck, or Rhode Island, from 



Canonicus and Miantonomi to, 44 
paid gratuities to various sachems 

for lands and privileges, . 48, 49 
testimony of relative to the pur- 
chase of Rhode Island, . . 50, 51 
transfers the deeds of purchase of 
Rhode Island to his eighteen 

associates, . 50 

made a peace with Canonicus and 
Miantonomi by order of Mas- 
sachusetts before the Pequod 

war, 51 

went from Boston to buy the island 

of Aquidneck, 51 

one of the signers to the comnact 

at Portsmouth, 1638, . . ^ . 52 
elected a judge at Portsmouth, 1638, 52 
oath of office to administer law, . 53 
sits as judge at Portsmouth, 53, 54, 
56, 58, 60, 61, 62, 63, 100 
allotments of land to, . . . 55,56 
first judge of Newport plantation, 87 
to have sis acres in Newport for 

an orchard, _ 89 

bounds of land'extended, ... 95 

record of lands, 9^ 

governor of Newport colony, 101, 110, 
112,120 
on the committee to petition for 

patent, or charter, 125 

assistant from Newport, . . • 148 
president of Providence Planta- 
tions, 208 

divers bills of complaint against, 210 
sails for England, .."... 214 
accusations against not cleared, 
and substitute appointed as 

president, 211 

suit of William Dyre against, . 219 
obtains a commission in England, 

difficulties arise therefrom, . . 233 
Mr. Clarke sent to England to 
procure repeal of the commis- 
sion of, 234 

records and books demanded of, 

and his reply, - 265 

remonstrance of Providence and 
Warwick against the commis- 
sion of, 268 

commissioner for Newport, 320, 327, 
504 
engages to submit to the authori- 
ty 'of Cromwell, 327 

objection to his sitting as commis- 
sioner, 328 

fine about records, not to be re- 
turned, 330 

the records prejudicial to, cut out 

of the record book, .... 332 
presentments against not to be 



GENERAL INDEX. 



527 



prosecuted, 333 

execution against, in favor of 

Richard Morris, suspended, . 349 
vs. Morris, the court decline in- 
terfering with, 357 

charge against by AVilliam Bren- 

ton for taking his horses, 337, 348 
petitions the General Court, . . 355 
opinion and action of General 

Court, in case of do., 358, 360, 361 
vs. John Sanford, .... 384, 385 
purchase of Dutch Island by, . . 403 
other references to, . . . 300, 506 
Coggeshall, John 53, 54, 56, 60, 62, 95, 
100, 106, 110, 300, 507 
at Portsmouth, 1638, .... 52 
grant of land to on Rhode Island, 55 
treasurer of Portsmouth company, 57 
elected to the eldership, ... 64 
among the founders of Newport, 

1639, 87 

chosen assistant, 101, 112,120,336,511 
report on the treasury, .... 117 

moderator, ^4/ 

elected corporal, 127 

president of Providence colony, 

1647, 1^8 

general treasurer, . . • 264, 273 
commissioner for Newport, 278, 281, 
504, 508 
may contract a new marriage, . 314 
rehearing in case of Brenton vs. 

Coddington declared legal, . . 348 
new trial granted to for forfeiture 

of bonds, -430 

petition of, concerning Askomi- 

cutt, 449 

Coggeshall, John, Jun'r, .... 301 
Coggeshall, Elizabeth, warrant is- 
sued against, 280 

has leave to marry again, . • . 319 
Coginaquam, grant of the northern 
tract to Governor Winthrop, 
Major Atherton and others, . . 464 
Cole, Robert, land granted to in 

Providence, 1637, 1" 

do. do., by Roger Williams, . 20 
receives a home lot in Providence, 24 
arbiter to form a government, 27, 31 

Cole, Gregory, 300 

Cole way, Robert, 38* 

Commissioners allowed 3s. a day, . 307 
fined 6s. a day for non-attendance, 307 
Commissioners of the United Colo- 
nies, letter from, concerning the 

Quakers, 374 

letter to from Rhode Island in re- 
ply, 376 

letter to be written to, concerning 
purchases of lands by Massa- 
chitsetts men contrary to law, • 421 



proceedings of relative to the dis- 
puted jurisdiction of the Narra- 

gansett country, 498 

letter from, relative to the disput- 
ed jurisdiction of the Narragan- 

sett country, 499 

Comstock, Samuel, 310 

Conannicutt, dispute with the In- 
dians about grass on, . . . . 319 
to contribute money for Mr. John 

Clarke, 506 

Conscience, liberty of, acts and 

opinions i-(^latiug to, . . . 16, 28 

Conigrave, Walter, 302 

Conspirators, laws of 1647, regard- 
ing, 178 

Constable in 1638, and his duties, . 64 
Cook, Thomas, . . 78, 300, 384, 417 

do. Thomas, Jr., 300 

Cooke, John 151,300,302 

do., commissioner, . . ■ 267, 272 

Copassanatuxett, 130 

Cope, Edward, among first settlers 

of Providence, 14 

land granted to, ..•••• 15 

signs compact, 1640, 31 

Corn to be divided among the peo- 
ple, 98 

Cornell, [Thomas], . • • .75,76,83 
do., do., 104, 111, 112, 117, 300 

land granted to, 84 

commissioner, ^it, ^oj. 

Corry, William 387 

Cotterell, Nicholas, . • • • 92, 301 
Court, organization of at Ports- ^ 

mouth, 1639, '1 

Courts. Quarter, cases how deter- 
mined in, ,. ■ Tno 

orders respecting the terms of, lOo, 
106, 113, 115, 122, 305, 395 
may be called monthly by each 

town WO 

not to be longer furnished with 

diet at the country's expense, . 122 
juries for, to be appointed at town 

meetings, '-^^ 

manner of proceeding in, . . -201^ 
order relative to rediearing in, ■ 222 
misbehaviour in, punished with 

the stocks, 232 

of towns, to try cases first, ._ • 237 
assaults in, punished by whipping, 321 

Court of Trials, 149,402 

for what purpose, 191 

the president to sit as chief judge 

of, 194 

organization of, and mode of pro- 
ceeding in, .... 195 to 207 
to be held where the action arose, 209 
an assistant to preside in, in cer- 
tain cases, 399 



528 



GENERAL INDEX. 



regarding, 
Cowdall, John, 
Coweset Indians 

Cowland, Ralph, 
Cowley, Cowlie, 



complaints of delays in, . . . 502 
Court of Commissioners to meet an ■ 

nually, ......._. 400 

Covenant, breach of, Ia,ws of 1G47 

182 

. . . 34'J, 358, 300 

and country, 40, 460, 

465 

. 104, 111, 300, 426 

.70, 01, U5, 100, 110 

Cowling, AVilliam, 49 

Crandall, John, 301, 395, 450, 473, 482 
commissioner, . • 409,468,480,501 
to mark out the boundary of the 

colony, ^1' 

C'-anston, Captain, John, 127, 300, 
301, 304, 307, 313, 320, 328, 350, 
408 ^27 444, 447, 484, 504, 508. 
i-al attorney, 273, 282, 303, 325, 
386, 467 

commissioner for Newport, 304, 316, 

326, 327, 354, 366, 428 

petition concerning Askomicutt, . 449 

Captain Thomas, ...... 311 

Cromwell, Oliyer, •■••.. 143 
letter to be sent to from the colony, 283 
all writs to bo issued in tlie nanie 



gener. 



Davice, Davis, James. . . . 70j 9l 

Davis, Abigail, 309, 359 

marriage \vith R. Russell declared 

unlawful, 365 

commissioner's report on her case, 359 

do., Nicholas, 91 

Deborah, vessel, commissioned a- 

gainst the enemies of England, 274 
Debts, law of 1647, relating to the 

recovery of, 181 

Deeds, twelve pence allowed the 

clerk for making, 

Deer, not to be shot for two months, 
£5 penalty for killing, . . ■ 85, 

laws relative to, 

Democracy, the government declar- 
ed to be, 1641, 

Democratical, the government of 

Providence Plantations, 
Demurs, laws relative to, 237, 356, 479 
Denison, Capt. Geo., letter to, rela- 
tive to Uncas and the Indians, 862 

do., 465,498 

do., Daniel, commissioner of the 
United Colonies, . 376, 466, 500 

Derber, Francis, 

Destraints, order relating to, 



30 

84 

113 

116 

112 

1.56 



of, 283 Devill, Davill, Williams 



484 
359 
301 



290 



306 
316 



order from the council of, to ^Mas- 
sachusetts, relative to Roger 
Williams and Providence char- 
ter, 

penalty for not acknowledging the 

government of, 

letter from , to Rhode Island, . . 
letter of thanks to be written to 

the council of, ... . 317, 321 
complaints to, of laciviousness in 

the colony, 381 

penalty of £ 100 for giving a copy 

of the letter of, . . . . . * . 383 

Cromwell, Richard, Lord Protector, 

proclamation issued in relation 

to, and sent to each town to be 

read, .406 

copy of letter ordered to be sent 
to for confirmation of the char- 
ter, 414 

power of, departed before the let- 
ter was sent, 416 

Cry, William, 76 

Cursing and swearing punished with 

the stocks, 314 

Cussuckquanth, confirms sale of 
lands to the people of Provi- 
dence and Pawtuxet, .... 36 
(see also Quissuckquansh.) 
Daniel, Alice, grant of land to, 1636, 15 
do., afterwards the wife of 

John Greene, 15 

receives a home lot in Providence, 24 



I Dexter, Gregory, receives a home 
lot in Providence, 

signs the first compact in 1640, . 

purchases land with the inhabit- 
ants of Providence from Osame- 



31 



quin, 

testimony and explanation of said 

purchase, 33 

one of the committee for Provi- 
dence to form a government, . 42 
commissioner for Providence, 209, 235, 
239, 241, 245, 250, 258, 267, 271, 
277, 281. 
moderator, 250, 252, 253, 255, 257, 258 
279 

president, 262 

to write letter to Cromwell, Sir H. 

Vane and others, . . . 283, 284 
letter to Sir Henry Vane, . . . 287 

Dickens, Nathaniel, 299 

DLsfranchisement not to be exercis- 
ed except by a majority. 
Divorce!' only granted in case of a 

dultery, 

may be granted by magistrates, 
Doutch, Osamond, . . . .59, 66, 91 

Driggs, John, 67 

Drunkenness, law of 1647 relating to, 186 
persons convicted of, to be put in 

the stocks, 186 

Dummer, Richard, land granted to, 59 
admitted a freeman, ..... 58 
builds a mill at Portsmouth. • • 59 



. 125 



231 
312 



GENERAL INDEX. 



529 



Dummor, Stpphoii, land g-ranted to, 59 
Duinmer, Thomas, do. do. . . oJ) 

Dumraor, Richard, and liis tVicaids, 

to be accommodated witli Liiids, GO 
Dunn, Kichard, ....... 301 

Dung'in, Dungino, Thomas, . 302, 336 

Durdall, Hugh, 48, 92 

Dvre, William, 314, 321, 338, 348, 361, 
403, 442, 447, 448, 468, 482, 505 
sign.si tho compact at Portsmouth, 

1638 52 

chosen clerk, 53, 54, 56, 58, 59, 60, 01, 
C2, 63, 64. 87, 93, 208, 219, 232, 
265, 301. 

allotment of land to, 55 

£19 and ten acres of land given 

to, for services, 90 

secretary of Rhode Island colony, 

101, 110, li2, 120 
to lay out land in Newport, . 
general recorder, . . . 148, 427, 436 
suit against William Coddington, 219 
elected attorney general, . . . 226 
commissioned to go against the 

Dutch, 266 

commissioner for Providence, . . 316 

do. for Warwick, . . 437 

do. for Newport, . 468, 480 

his connection with the State's 

prize money, . . .425,431,436 

Dutch Island, the purchase of, . . 403 

Dutch, the governor to treat with, 

for supplies, 126 

forbidden to trade with the In- 
dians, 153, 243, 279 

the governor of, to be notified of 

the law relating to trade, . . 244 
orders from England to the colony 

to arm itself against, .... 261 
trade with prohibited, .... 261 
committee in charge of matters 

relating to, 265 

commissions for privateers issued 

against, 266 

Providence objects to the commis- 
sions issued against, . . . .271 
mention of, in letter to Sir Hfinry 

Vane, ".288 

the cause of the Indian war, . . 294 
furnish arms and ammunition to 

the Indians, 344 

acts against repealed, & commerce 
free to, ...... 3-56, 389 

Earle, Ralph, 91, 97, 225, 232, 300, 313, 

349, 426 

at Portsmouth, 1639, .... 70 

Earle, William, 387 

Earle, Sarah, 426 

Easton, Esson, Nicholas, 58, 62, 63, 91, 
100, 212, 265, 321, 330, 346, 427, 
429. 



land granted to, in 1638, ... 59 
land Y^rivileges to, for building a 

water mill, 62 

elected an elder to assist tlie judge , 64 
among the founders of Nuv/port, 

16.39, 87 

fined for coming to a public meet- 
ing without his Aveapon, ... 95 
assistant, . 101, 110, 120, 209, 264 
moderator, 208, 220, 240, 263, 301, 
427 
deserts his office as president, . 233 

chosen president, 273 

money in his hands for prizes to 
be obtained, proceedings rela- 
tive to, . . . 387, 425, 430, 440 
commissioner for Newport, . . 428 
new trial granted to, for forfeiture 

of bonds, 430 

Easton, Peter, 127, 301 

commissioner, 337, 431 

Easton, John, 301, 311, 339, 353, 357, 
364, 393, 421, 425, 433 
c-eneral attorney, 264, 265, 275, 336, 
363, 427, 437, 467 
commissioner for Newport, 278, 281, 
304, 326, 327, 337, 345, 354, 366, 
409, 419, 428, 431, 437, 504. 
one of the referees in the case of 
Roger Williams vs. William 

Harris, 363 

assistant for Newport, .... 436 

Eaton, Theophilus, 376 

Econickamuch, 454 

Edsull, Samuel, 275 

Eldership, persons elected to, to as- 
sist the judge, 63 

Elders, elected, 1638, Messrs. Eas- 
ton, Coggeshall and Brenton, . 04 
Election of officers to be by papers, 148 
court of, always to be held in 

May, 149 

to be held in Newport, .... 219 

Emeries, Goodman, 79 

Emmons, Thomas, . . .91, 100, 111 
Endicott, John, Governor of Massa- 
chusetts, letters to and from, 380 
455, 456, 415, 516, 517 
England, Avords of disgrace spoken 

against, punishment for, . . 228 
committee to select agents to send 

to, 440,442 

England, William, land granted to 

in Portsmouth, 81 

Engagements to be taken by all pub- 
lic officers, Ill 

form of to be taken by, and given 
to officers, . . 150, 282, 306, 441 
Enman, Edward, commissioner, 366, 387 

Ensall, Samuel, 132 

Evington, Errington, Thomas, . . 302 



530 



GENERAL INDEX. 



Execution, apprisal of snoods seized 

on, r .... 320 

Fees, table of estalilished auder 

laws of 1647, 207 

Fierefield, John, . . . 301, 303, 450 
Felony, crimes judged to be under 

the code of 1647, 166 

laws for the punishment of, 193, 199 
Fences, order in relation to, . . . 96 

fine for defective, 96 

Fanner, Venner, Arthur, 299, 305, 313, 

393,418,435,468,482! 

commissioner for Providence, 267, 271 

304, 408, 428, 431, 468, 480, 492, 

501. 

assistant for Providence, 353, 427, 

436 

to mark out the colony's bounda- 

ry, 417 

Fenner, John, 387, 431 

Fenner, William, 387 

Field, Feild, John, one of tlie first 

settlers of Providence, ... 14 
receives a home lot in do. ... 24 
signs the first compact in 1640, . 31 

references to, 299 

Feild, William, 299, 316, 326, 327, 331, 
340, 349, 409, 421, 430, 435, 444, 

446, 468, 482, 503, 507. 

receives a home lot in Providence, 24 
.signs the compact in 1640, . . 31 
one of the committee to form a 

government, 1647, 42 

general assistant for Providence, 219, 

386, 404, 405, 407, 427, 436, 467, 

504, 511. 
commissioner for Providence, 337, 

366, 394, 408, 419, 428, 431, 437, 

447, 468, 480, 492, 501, 504, 508. 
Feild, Kobert, 92, 95, 99, 100, 111, 265 

land granted to, 59 

Fines and forfeitures, to be retained 

for the benefit of the colony, . 206 
order relating to, . . 334", 358, 384 
Fires not to be kindled in the woods 

or meadows, 114 

Fire arms to be examined and put 

in order, 77 

to remain in charge of Messrs. 
Boylston and Wilbour, . . . 
shall be carried to all public meet- 
ings, 04 

all men compelled to bear, . . . 104 

to be purchased of Mr. Wilbour, . 113 

men appointed to mend, . . . • 221 

Fish, Thomas, . . . • . 77, 300 

Fisher, Edward, 300, 428 

land granted to, ... . 72, 80, 85 
Forceable Entry and Detainer, law 

of 1647, relating to, . . . .168 
do. law of in 1662 497 



Ford, John, 300 

Foreigners not received as free in- 
habitants except by consent of 

the colony, 240 

not allowed to trade with the In- 
dians, 246 

received into the colony to have 
the privileges of Englishmen, . 256 
Forging wills or records, law of 1647 

relating to, 180 

Fornication, singular punishment 

for, 355 

Foster, Mr., received as freeman, 90, 92 
AVilliam, chose clerk of train band, 93 
at Newport, .... 100, 110, 387 

Fowler, Henry, 387 

Fox, reward for killing, . . . .113 
Fraudulent dealing, law of 1647 re- 
garding, 176 

Freeborne, William, signs compact 

at Portsmouth, 1638, .... 52 
do., 54, 56, 58, 59, 61, 62, 63, 72, 75, 
100, 110, 120, 300 
commissioner to lay out land in 

Portsmouth, 71 

land granted to, 73 

commissioner, 354 

Freemen who do not attend public 

meetings to be fined 12 pence, . 57 
to elect juries for courts at town 

meetings, 124 

who do not cohabit on the island, 
to have no vote or do business 

at courts, 125 

French forbidden to trade with the 

Indians, . 153 

Fugitive servants to be sent back to 

their masters, 274 

Gambling, law of 1647, i-elating to, 185 

Gardinei^ George, 91, 95, 100, 111, 120, 

127, 451, 492 

Garioud, Garriard, Gariardy, John,. 302 

trades with the Dutch, .... 274 

General Assistant, if he refuse to 

serve as such, shall pay five 

pounds, 218 

General Officers for the Colony, law 

establishing, 1647, . . . .191 
process for the' trial of, . . 204,262 
provision in case of the death of, . 347 
provision in case of the non-elec- 
tion of, 348 

process of law against, .... 358 
to be fined £5 if they refuse to 
serve when elected, .... 440 

continued, 1663, 514 

General Recorder, the duties of, 

1647, 195, 196, 422 

to fill the place of clerk of assizes, 196 

proviso in case of the death of, . 211 

General Sargent, duties of, 197, 238, 417 



GENERAL IISDEX. 



o31 



lo be water baily, 273 

Geimiugs, see Jeniiinys. 

Gibbous, Ml-;, 47 

Crilharn, Hubert, ....... 91 

Crlover, Giles, trades with the Dutch, 274 
(Titodwin, Adam, receives a home lot 

ill Providence, .:.... 24 

signs the compact in 1G40, ... 31 

(^ulceui Gookeii, Captain, complaint i 

of against .Samuel ^Vilbore, . 451 j 

Daniel, 455, 499 j 

order to, forbidding him to settle 

in the Pequot country, . . .463 

Gold miiie, supposed discovery of, . 214 

^ order relating to, . . . ." . .2171 

Gorton, .Samuel, at Portsmouth, i 

1639, 70 1 

at Newport, 91, 112 j 

deed of Shawou\et, or Warwick, 

to, from Miantonomi, .... 130 
commissioner of the Narragansett 

f^achems, "... 135 

general assistant for Warwick, 217, 
234, 242 



liams, 1638, 20 

one of the committee to form a 

government, 1647, 42 

sen'r, receives a home l<»t in 

Providence, 24 

member of the iirst town council 

of Warwick, 130, 

recorder, 240, 251, 255, 257, 259, 262 
recorder, letter to Roger Williams , 248 
deed of Warwick to, from Miauto- 

"omi, . 130 

letter to Portsmouth and Newport, 258 
commissioner for Warwick, 278, 273, 
281, 326, 327, 337^ 345, 3-54, 409, 
419, 428, 437, 446, 467, 468, 480. 
492, 501, 504, 508. 
complains against the encroach 
ments of Massachusetts, letter 
of the Earl of Warwick, and re- 
monstrance of Massachusetts in 
relation thereto . , . . 569, 371 
Win.slow's commission to answer 

the charges of, 372 

assistant for Warwick, 436, 504, 511 



commissioner for do., 235, 240, 245,1 permitted to buy land of the In- 

326, 327, 316, 337, 354, 366, 419,1 dians, 484 

468, 480, 492, 501, 508. ' Newport, 3()1, 328 

moderator, &c., .... 236,302 commissioner for Newport, 316, 326, 

appeal of, . . 262 337,366,428,432 

charge against for misdemeanor, . 262 j sent to Mass. with letter, . . . 
other references to, 321, 328, 331, j Greene, John, Jr., 131, 302, 304,307, 
340, 365, 373, 395, 409. 420, 421, 309, 311, 325, 357, 358, 384, 388, 

■■-■■■- ■ 404,405. 

signs the compact in 1640, ... 24 
clerk of the assembly, 236, 238, 239, 
244, 250 
commissioner, 235, 239, 241, 245, 250, 
258, 267, 272, 278, 281, 304, 316, 
326, 327, 366, 394. 
general recorder, 242, 246, 303, 404 
gen'l attorney, 353, 386, 408, 427, 441 
general solicitor, ....;. 303 
to examine the public laws, 278, 404 
clerk of the council, . . 405, 406, 407 
Greene, James, . . . 302, 437, 473 
commissioner for Warwick j 432, 468, 
480, 492, 504, 508 
permitted to buy land of the In- 
dians, 484 

Greene, Peter, assistant for W^ar- 

wick, 210, 302 

commissioner for do., .... 366 

Greene, Thomas, 302 

commissioner for Portsmouth, 468, 480 
permitted to buy land of the In- 
dians, 484 

Greenell, Mathew, 300 

Greenman, Edward, . . .301,354,358 

David, 301 

Grinmau, John, 92 

Gridoll, Mathew, 92 



442, 446, 482. 
complains to the English govern- 
ment about the encroachments 

of Massachusetts, 367 

remonstrance of Massachusetts in 

relation to his petition j . . . 370 
reply of the Earl of Warwick to 

the petition of, 367 

Gorton, Samuel, Jun'r, .... 302 

Gorton, Thomas, 74, 79, 110, 120, 127, 

300 
Gould, Daniel. ...... 212 

Gould, (iold, Jereiny, and Jeremiah, 

92, 108, 110, 217, 301 

Gould, John, 263, 301, 357, 420, 425, 473 

commissioner for Newport, 304, 316, 

354, 447, 468, 492 

Gould Thomas, . . 127,301,418,436 

commissioner for Newport, 278, 281, 

431 

Governor, the chief magistrate of 

Newport to be, . . . . . . 100 

invested with the office of justice 

of the peace, 101 

Graves, punishment for robbing, . 320 
Greene, John, 302, 313, 325, 326, 406, 
421, 427, 429, 430, 432, 435, 442, 
444, 446, 468. 
land transferred to by Roger Wil- 

35 



532 



GENERAL INDEX. 



Griffin, Kobert, 301, 310, 314, 340, 425, 

430 
commissioner for Newport, . . 337 
Gunpowder, two barrels of, to be al- 
ways ready in every town, . . 109 
Roger Williams applies to Mas- 
sachusetts for, 344 

sent from John Clarke, in London, 346 
from Mr. Clarke, supposed to be 

lost, 395 

£50 raised to pay Mr. Clarke, for, 416 

Hadson, John, 94 

Hall, Jolm, 83,92,301 

Hall, William, land granted to, in 

Portsmouth, . . . 81, 91, 300, 505 
commissioner for Portsmouth, 277, 
428, 504, 508 
Hall, Edward, commission granted 

to, against the Dutch, . . .266 

Haman, George, 301 

Harding, Mr. Richard, at Ports- 
mouth, 1638, 58, 59 

Harding, Robert, assistant, 110, 112, 125 
Harcutt, Richard, . . 304,311,320 

Harrie, Harvie, 419, 444 

Harris, William, 299, 429, 482, 503, 505 
land conveyed to, by Roger Wil- 
liams in 1638, ...... 20 

receives a town lot in Providence, 24 
one of the arbitrators to form a 
government for Providence, a 

report of, 27, 31 

commissioner for Providence, 209, 431 
commissioner for Newport, . . 428 
charged with high treason by Rog- 
er Williams, 361 

ordered to appear before the court, 361 
ordered to read his book before 
the court, and the original to be 
viewed by Mr. Williams, . . 363 
charge against, by Roger Wil- 
liams to be read, and also his 
reply to William Harris's book, 363 
case of, referred to John Weeks 

and John Eastou, . . . . . 363 
assembly declare his conduct to 

be seditious, 364 

charges against, and his reply 
sent to England for adjudica- 
tion, 364 

to be bound over until the sen- 
tence of the government is 
known, ........ 364 

committee to draw up letter to 
John Clarke, with all the facts 
relating to charges against, . 364 
committee to receive bond of, to 
the amount of £500, . . . .365 

assistant for Providence, . . . 427 

commissioner for do., 468, 480, 492, 

504, 508 



vs. William Barton and John 

Wickes, Jr, case of, referred, . 496 

Harris, Thomas, 24, 299, 309, 311, 313, 

337, 345, 354, 358, 365, 444, 473, 

482 

at Providence, 1636, 14 

receives a town lot in Providence, 24 

signs the compact in 1640, ... 31 

commissioner for Providence, 235, 241, 

245, 250, 258, 277, 281, 304, 327, 

354, 468, 480, 492, 501. 

assistant for do., 282 

Plarris, Thomas, Jun'r, .... 387 
Harris, Andrew, son of William, . 365 
Hart, Edward receives a lot in 

Providence, 24 

signs the coropiict in 1640, ... 31 
Havens, Heavens, William, 70, 91, 221, 

300 
land granted to, in Portsmouth, . 81 
Haviland, William, 263, 301, 303, 337 
Hawkins, Job, home lot granted to, 

in Portsmouth, 1639, .... 71 

Hawkins, John, Ill 

at Newport, 100 

Hawkins, William, receives a lot in 

Providence, 24 

signs the compact in 1640, . . 31 
Hawkins, Richard, lot granted to, in 

Portsmouth, 72 

other references to, 300 

Hawxhurst, Christopher, . . 302, 304 

Haydon, John, 302 

Hazard, Thomas, among the first 

planters of Newport, 87-99, 91, 100, 

111, 300 

Hazard, Robert, .... 300, 473, 482 

commissioner, 468, 480 

Hazard's State papers, references 

to, 376, 378, 451, 500 

Helme, Christopher, . . . 136, 210 

Herudall, Benjamin, 387 

Hill, Valentine, land reserved for, 
granted to Sargeant Hutchin- 
son, 67 

Hick, Gabriel, 221 

Hicks, John, 92, 108, 110 

High Treason, law relating to, . . 160 

Hitt, Thomas, 91 

Hobson, Henry, . . . .281,333,384 

Hodgson, Robert, ...... 76 

Hogones, Daniel, forbidden to raise 

his house in Masscomscott, . 485' 
Hogs, not to be kept near Newport, 95 
Hog Island, grass on, granted to 

William Brenton, ..... 59 

Plymouth claims jurisdiction over, 373 
reply from the General Assembly 

relative to, . 373 

dispute about, referred to Thomas 
Willett and Benedict Arnold, . 390 



GENERAL INDEX. 



533 



instructions relative to, to be re- 
corded, 390 

commissioners to treat with Plv- 

«ioutli for, 409, 430 

letter to Plymouth in relation to, 410 
attempts of Richard Smith to 

take possession of, .... 422 
Holden, Howlden, Randall, 53, 56, 58- 

63, 100, 339, 340, 465, 406, 409, 
429, 435, 442, 444, 473, 496, 503 
witnesses the deed of purchase of 

Rhode Island, 1637, . . .46, 47 
signs the compact at Portsmouth, 

1638, 52 

at Warwick, 502 

grant of land on Rhode Island to, 55 
chosen corporal of train band, . 56 
to he marshall for a whole year, . "60 
disfranchised and name struck 

from roll, Ill, 119 

to be arrested if he comes upon 

the Island armed, 123 

deed of Warwick to, from Mianto- 

nomi, 131 

deed of Potowomut to, .... 131 
commissioner of the Narragansett 

sachems, 135 

assistant for Warwick, 148, 273, 282, 
303, 325, 336, 353, 386, 404, 405, 

408, 428, 468. 

commissioner for Warwick, 241, 245, 
266, 278, 281, 337, 354, 366, 394, 

409, 428, 469, 492, 501, 504, 508. 
commissioner for Newport, . . 419 

treasurer, 242 

on committee relating to the 

Dutch 265 

complaints atjainst the encroach- 
ments of Massachusetts, 367,371 
if elected to office, is excused 
from serving without paying 
fine, ......... 412 

Holidays for recreation to be deter- 
mined on, 280 

Holmes, Obadiah, 302, 316, 326, 327, 

336 
commissioner for Newport, . . 337 
Holland, Mr., Council of State, let- 
ter read from, 240 

letter to be sent to, 283 

Holyman, Holliman, neighbor, 278, 302, 
313, 325, 365, 404-406 

land granted to, 17 

Holyman, Goodman, land of, forfeit- 
ed, 78 

Holyman, Ezekiel, land conveyed 

to, by Roger Williams, 163.8, . 20 

receives a lot in Providence, . . 24 

. commissioner for Warwick, 239, 241, 

250, 258, 267, 272, 278, 281, 304, 

326, 327, 345, 419. 



assistant for do.,. . . . 210,303 

deed of Shawmut to, 130 

deed of Potowomut to, ... . 131 
Homicide, law of 1647, regarding, . 164 
Hope Island, deed of Miantonomi to 

Roger Williams, exhibited, . . 383 
Indians ordered to remove, . . 383 
Hopkins, Thomas, receives a homo 

in Providence, 24 

signs the first compact at, . . . 31 
commissioner for Providence, 245, 
299, 408, 431 
Houses to be built within a year by 

all who have grants of land , . 1 03 

Houses of entertainment licensed, 280, 

313, 314 

to have signs 314 

to allow no tippling after nine o'- 
clock at night, 330 

order to induce the keeping of ad- 
ditional, 441 

Howland, Ralph, 75 

Hubbard, Sam.uel, 301 

Hubbub, not allowed to be raised, . 30 
Hudson, William, . . . 461, 466 

Hunt, Bartholomew, 329, 331, 332, 333 

Hunt, Enock, 92 

Hutchinson, William, land granted 

to, 73, 109, 110 

Hutchinson, William, Jr., signs the 
first compact at Portsmouth, 

1638, 52 

Hutchinson, Wm., at Portsmouth, 53, 
54, 56, 58, 60, 61, 70 
to have six lots of land, . . .53, 55 
chosen treasurer for the Ports- 
mouth company, 57 

Hutchinson, Edward, Sen'r, signs 
the first compact at Ports- 
mouth, 1638, ...... 52 

53, 56, 58, 59, 61, 111, 127, 461, 466 

at Newport, 111,127 

allotment of land at Rhode Island 

to, 55 

to bake bread for the plantation, . 61 
has two hundred acres of land, 73, 109 
Hutchinson, Edward, Jr., signs the 
first compact at Portsmouth, 

1638, 52 

at Portsmouth, 56 

allotment of land on Rhode Island 

to, 55 

at Newport, Ill 

Hutchinson, Samuel, land alloted to, 

on Rhode Island, . . 55, 75, 109 
at Portsmouth and Newport, 1639, 

70, 91, 100, 300 
Hutchinson, Sargeant, . . . . 62, 67 
Hutchinson, History of Massachu- 
setts, referred to, . . . 378,412 
Indians, regulations of the venison 



84 



GENERAL INDEX. 



trade with, 62 

shall not take deer or skins from 
Rhode Island, except at Ports- 
mouth, 81 

ordered to leave the town of Ports- 
mouth and live in the woods, . 82 

trade with, made free to all men 
(Newport), 90 

agreement between, and Govern- 
or Coddington, 107 

shall not kindle lires upon the 
lands, 107 

shall not set traps or destroy any 
deer on the island, 107 

shall not back out from bargains 
made, 108 

the Governor to write to the Bay 
in relation to, 110 

shall not fall or peel any trees, . 117 

penalty for selling or giving pow- 
der, ball, arms, &c., to the In- 
dians, . . . 123, 139, 155, 226 

committee to devise means to pre- 
vent the sale of ammunition to, 320 

to be employed to kill the wolves 
on the Island, 125 

the Dutch and French forbidden 
to trade with, 153 

penalty of £5 for repairing the 
guns or arms of, 155 

false peage used by, to be confis- 
cated, 155 

price of peage fixed with, . . . 217 

no land shall be purchased of, 
without the consent of the 
State, 236,404 

fines to be collected for selling li- 
quor to, 274 

liquor prohibited from being sold 
to, . . 279, 304, 308, 338, 413 

war, said by E. Williams to have 
been begun by the Dutch, . . 294 

notice of the tribes of, and their 
wars, by Williams, .... 295 

keepers of, appointed, .... 307 

dispute with, about the grass on 
Conannicutt, 319 

furnished secretly by the Dutch 
with arms and ammunition, . 324 

their difficulties with the War- 
wick people stated in letter of 
Roger Williams, 341 

complaints of the Narragansetts 
against the English at Pequot, 362 

ordered to remove from Hope Is- 
land, 383 

lands not to be purchased of, ex- 
cept by order of the court of 
commissioners, 404 

commit robberies in Pawtuxet, . 405 

laws to punish stealing by, • .412 



their lands at Niantecutt, ordered 

to be purchased, 418 

Providence permitted to buy three 
thousand acres of laud of, ad^- 
joining the township, .... 418 
land at Potowomut ordered, pur- 
chase of, 424 

encroachments on, in the Pequot 

country, 451 

sale of the Narragansett country 
bv, to Winthrop, Atherton and 

others, 464, 465 

lands of, in Narragansett ordered 
to be seized, by the commis- 
sioner of the colonies, . . . 498 
Indictment, unjust, parties causing 

to be put in the stocks and fined, 227 
Inquest, or tryers, law of 1647, re- 
garding, 198 

Intestine commotions, action rela- 
tive to, 318 

Invasions referred to the judge and 

elders 64 

James William, 300 

James, Thomas, land transferred to, 

by Roger W^illiams, .... 20 
receive a home lot in Providence, 24 

Jano, an Indian, 131 

Jeoffreys, Jeffereys, .j9, 89, 91, 93, 122 
Jefteryes, Jefi'eries, Mr., grant of 

land to, at Portsmouth, ... 59 
to aid in surveying land on Rhode 

Island, 64, 102 

to determine a case of difiiculty 

with the Indians, &c., ... 89 
Robert, treitsurer of Newport, 90, 100, 
101, 110, 112, 120 
may exercise the functions of chi- 

rurgerie, 117 

elected captain of train band, . . 121 

on committee to procure a charter, 125 

Jeftcry, William, . . . .301, 408 

Jennings, Genings, Thomas, .81, 300 

shall demand his wife to live with 

him, 312 

committtee to treat with the wife 

of, 315 

Jennings, Samuel, 300 

Jermon, Edward, 299 

Joanes, John, . . 299 

Johnson, Johii, 91 

Judge and elders to rule and govern, 

J638, 63 

to be accountable every quarter for 
aU cases passing through their 

hands, 63 

to distj-ibute lands on Rhode Is- 
land, 64 

to arrange military discipline, &c.,64 
to meet monthly to determine 
causes, .90 



GENERAL INDEX. 



535 



to meet for the recording of lands, 98 
Judith, Point, controversy about 

land near, 452, 454 

Juries for courts to he appointed by 

freemen at town meeting, . . 124 

Jurymen, pay of, 307 

order relating to, . . . 358, 474, 502 
to be paid by prosecutors, . . . 384 
fines of, for non-attendance, 400, 502 
Justice, penalty for defacing in- 
struments of, 340 

Keerd, Ralph, 75 

Kent, Thomas, 387 

Kitackamuckqutt, 45 

Knight, llichard, 301, 328, 334, 339, 

348, 350 

general sargent, 217, 221, 264, 273, 

276, 282, 303, 327, 347, 353, 386, 

426, 436, 467. 

to demand papers of Governor 

Coddington, 265 ; 

£30 allowed to, for services, . . 417 
Knight, Tobye, . • 92,100,111,3271 

Knight, George, 50 : 

Knowles, Henry, to cut his lot | 

shorter, 81, 3021 

Laborers and artificers, laws <if ! 
1647, regarding. _ . . _ . . . 183 
Lasciviousness, law for the punish- 
ment of, 318 

Land, every allotment of, recorded 

to be evidence of ownership, . 54} 
two shillings to be paid for every i 

acre enjoyed by the occupants ■ 

of land on Rhode Island, . . } 

and houses, the disposal of, in the ' 

hands of the judge and elders, 

1638, 64 

undisposed of, on Rhode Island, 

belong to the body of freemen, . 83 
orders to the committee for the | 

division of, at Newport, ... 90 
to be fired at a certain time, . . 96 
committee to lay out, in Ports- 
mouth and Newport, .... 102 
houses to be built within one 

year by all who have grants of, 103 
evidences, book to be procured for, 114 
tenure of, on Rhode Island, 1639, 116 
secretary to give exemplifications 

of titles of, 124 

not to be sold to persons out of the 

jurisdiction of the government, 126 
order relative to the recording of, 128 
laws of 1647 relating to sales and 

conveyances of 177 

records to be kept in a strong 

chest, with four locks on it, . 196 
not to be put under any foreign 

jurisdiction, 401 

not to be purchased of the Indians 



except by permission of the 

court, 404 

at Nyantecutt, ordered, purchased 

of the Indians, 418 

purchased contrary to law, discus- 
sion about, to be private, 420, 421 
purchased by Major Atherton and 
his as.sociates of the Narragan- 
sett sachems, .... 464, 465 
three years given for possessors 

to show titles to, 475 

prescribed form of recording, . .477 
titles of, from the Indians, order 

relative to, 478 

Land titles, arrests not to be made 

for matters concerning, . . . 439 
Langworth Andrew, . \ . 302, 356 

Larkin, Edward, 301 

commissioner for Newport, . . 501 
Larceny, law of 1647, regarding, . 174 
punishment for, whipping or fine 

instead, 350 

Laws, public, how to be kept by the 

secretary, 114 

Laws, constable and sargent to exe- 

rutp penalties of, 1638, ... 65 
to be openly read and examined, . 102 
to be read at the head of compa- 
nies, 114 

common, the heads of, ... . 158 
code of, adopted in 1647, . . . 156 
Laws and rules to be drawn up by ' 
the judge and elders at Ports- 
mouth, 1638, 64 

to be read in town meetings for 

the consideration of the people, 229 
committee to examine and report 

on, 278 

not to be obstructed by town 

charters, 333 

not enforced till twenty days af- 
ter the dissolution of the court, 402 
may be repealed by towns within 
three months after passing, . . 429 
Lawton, George, at Portsmouth, 

1639 70,91,300 

assistant for Portsmouth, . . . 210 

Lay ton, Lai ton, Lighten, Laighton, 

Thomas, . . . \ . 70, 91, 300 304 

commissioner for Portsmouth, 316, 326, 

327, 366, 447 

Layton, John, 92 

Leete, William, 376 

Lenthall, Robert, . . 104, 110, 119 
Libels, law of 1647, regarding, . . 184 
Liberties, confirmation of, 1640, . 125 
Licenses, laws regarding, . . 185, 280 

Lintell, Robert 92 

Lipott, John, an Indian, .... 454 

Lippitt, John, 302 

receives Intin Providerice, . . 24 



536 



GENERAL INDEX. 



signs compact in 1640, .... 31 
on committee to form a govern- 
ment, 1647, 42 

Liquor, laws relating to the sale of, 185, 
274, 276, 280, 413 
committee to report on plan for 

suppressing sale of, ... . 307 
may be searched for, . . 308, 331 
price of, fixed by law, .... 308 
persons having, shall record it in 

the town records, 308 

penalty for concealing, . . 309, 381 
excise upon, orders relative to. 309. 
381,418 
not to be drank at taverns after 

nine o'clock at night, .... 330 
complaints of the sellers, on ac- 
count of the price being fixed, . 335 
vessels arriving to he searched for, 382 
forbidden l;o be sold to the In- 
dians, . .279, 307, 308, 335, 413 
no one allowed to retail, unless 
they keep at least one bed for 

strangers 441 

Longbottom, James, 450 

Long Island, assistance to be ren- 
dered the people of, ... . 205 
Long Island Indians, massacre, the 

Narragansetts, 297 

Loquasquscit, north west of Paw- 
tucket, 33 

Lucar, Marke, 301 

Lumber, price of, regulated, ... 97 

Lutner, John, 60, 62 

Lvtherland, William, 47, 314, 339, 357, 
388, 408, 427 
recorder, 47, 264, 267, 276, 282, 303, 325 
town clerk of Newport, .... 261 
clerk of the Assembly, . . 263, 304 
commissioner, &c., for Newport, 278. 
281,301,327 

Maccummore, John, 92 

Magazines, provision for in each 

town, 223 

Magistrates fined for leaving the 

bench Avithout leave, .... 333 
to sit at court of trial with gener- 
al officers, 218 

Man, William, receives a home lot 

in Providence, 24 

signs the first compact in 1640, 31 

Man, James, 263, 301 

Manchester, Thos., at Portsmouth, 

1643, 76 

Manslaughter, law of 1647, regarding, 164 

Manton, Edward, 299 

receives a lot in Providence. . . 24 
signs the first compact in, 1640, . 31 

Manton, Shadrack 387 

Maritime laws to be the laws of Ole- 

ron 115 



Marriages, intentions of, to be pub- 
lished at town meetings, or on 
training days, .... 187, 330 

incestuous, to be null, and parties 

punished, 334 

Marshall, John, 66, 91 

Mascacowage river, 464 

Masipe, an Indian, 454 

Mason, John, 360, 376 

Mason, Major, letter of R. Williams 

relative to the Pequot country, 457 
Massachusetts, so called from the 

Blue Hills, 26 

claims jurisdiction of the country 
which includes Providence and 
the island of Rhode Island, . . 133 

letter from the Narragansett sa- 
chems to, 136 

letter to, from the commissioners 
of the Narragansetts, . . . . 138 

letter written to, in relation to 
Pawtuxet people, 153 

letter sent to, concerning War- 
wick, 209 

letter ordered to be sent to, Au- 
gust, 1653, 272 

petition and remonstrance from, 
to the Earl of Warwick, in an- 
swer to the declaration of Sam- 
uel Gorton, Randall Holden, 
John Green and others, . . . 370 

reply of the Earl of Warwick 
and the commissioners of for- 
eign plantations to the above 
remonstrance, 367 

letter to be written to, concerning 
purchases of land in Rhode Is- 
land contrary to law, .... 421 

committee to arrange diff"erences 
with, 438 

warrant from, to make arrests in 
Southertown, 455 

letters from, to Rhode Island rela- 
tive to lands in Southertown, 
and of its arrest of certain per- 
sons there, 460-62 

letter from, read to the Assembly, 468 

letter in reply to, relative to the 
jurisdiction of the Narragan- 
sett country, . . . .469, 483 

messengers sent with letter to 
reason with, 473 

letter to, concerning the land in 
dispute at Pawcatuck, . . . 493 

letter to, read in court and ap- 
proved, 506 

letter concerning the Indians to 
be written to, ... . 514, 515 

letters from, in reply, concerning 
Southertown, Block Island, 516, 517 
Masscomscott, 485 



GENERAL INDEX. 



537 



Maukquogges, 139, 362 

Maxon, Maggson, Richard, . . 70, 91 
complaints against, for oppression 
in the way of trade, .... 66 
Meakeaw, sou of Canonicus, con- 
firms the sale of lands made by 

his father, 37 

Menstealers, law of 1647, regarding, 174 

Merchant, John, 92 

Meritt, Ezekiah, 92 

Miantonomi, deed of land from, to 

Roger Williams, 1637, ... 18 
deed of Rhode Island from, to 

William Coddington, .... 44 
receives gratuity of AYilliam Cod- 
dington, 48 

receipt of, for articles received of 
William Coddington on account 
of the purchase of Aquidueck, . 49 
agreement with Governor Cod- 
dington and the people of Rhode 

Island, _. 107 

deed nf Showouuit or Warwick 
from, to Randall Holden and 

others, 130 

deed of Hope Island from, to Rog- 
er Williams, 383 

Misadventure, law of 1647, regarding, 165 
Misbehaviour, law of 1647, regarding, 163 

Mishammoh, 46 

Mishowomett neck, 391 

Military, (see also arms and ammu- 
nition), 
day for general training and exer- 
cise ordered, 1638, .... 61 
all men from sixteen to fifty years 

of age to bear arms, .... 61 
discipline to be arranged by the 

judge and elders, 1638, ... 64 
all fire arras to be examined and 

repaired, 77 

every man to have four pounds of 

shot and two pounds of powder, 77 
every man to go armed to church, 79, 

80 
examination to be made ten days 
before training, to see that all 
have powder and bullets, . . 80 
all men compelled to bear arms, . 104 
laws concerning the election of 

officers, . 117, 120, 121, 153, 218 
orders regarding training, 121, 153, 
218, 402 
order for the promotion of the art 

military, 152 

fine for not carrying fire arms to 
be repaired, or for defective 

arms, 221,403 

an account to be taken of all the 

ammunition in the colony, . - 320 
election of oflScers, 381 



fines, the town sargent to pay, if 
he neglects to collect them, . 402 
Militia, each town to order its own, 226 
Mill, built by Richard Dummer, 

1638, 59 

Mill, erected by Nicho. Easton, . 62 
Mines, order in relation to, . . . 217 

Minor, Thomas 457, 498 

Misquamacock, Misquamacott, As- 
komacutt, petition relative to 

the purchase of, 449 

deed of the sale of, from Socho, . 450 
claims of Rhode Island to, . . . 463 
Mixan, son of Canonicus, .... 

Mocquayes Indians, 362 

Moderator, the duties of, ... . 354 

Mompoucke, 49 

More, John 91, 302 

Morris, Morige, Captain Richard. 110, 
121, 127, 210, 221, 300, 328, 331, 
332. .507. 

to look up fire arms, 77 

letter to Plymouth, . . . 314, 321 
vs. Coddington, the court decline 

interference in, 357 

commissioner, 431 

Morris, William, 300 

Morris, Mrs., case of, 430 

Mortgaged lands, order relative to, 478 

Mosier, Hugh, 450 

Moshassuck, 351 

lands upon, comprehend Masswas- 

cutt, 40 

Mott, Adam, 63, 75, 80, 91, 100, 110, 

300 

land granted to, 59 

to lay out lands in Portsmouth, . 102 

Mott, Adam, Jr., 300 

Mott, John, 82,91 

Mott, Jonathan, 300 

Mow, John, 70,300 

Mowrie, Morry, Roger, . . 299, 313 

commissioner, 394 

Muning, Munnings, George, . . 50, 224 
Murder, law of 1647, regarding, . 163 
Narragansett Indians, act of sub- 
mission of, to Great Britain, 134, 
512, 513 
letter from, to Massachusetts, . 136 
letter sent by request of, to Cap- 
tain Denison and Thomas Stan- 
ton, at Pequot, 362 

copy of the submission of, to be 

sent to England, 445 

protest of, against Samuel Wil- 

bore and his company for taking 

their lands near Point Judith, . 454 

grant by, of the northern tract to 

Governor Winthrop, Major Ath- 

erton and others, 464 

mortgage by, of the Narragansett 



538 



GENERAL INDEX 



couDtry to. do., 

Narragausett, committee to treat 
with Major Athertou and other 
purchasers of land in, ... 

country, proceedings of the com- 
missioners of the United Colo- 
nies relative to, 

(see also Pequot country.) 
Narragansett, origin of the name as 
given y Roger Williams, . . 

sachems, references to, . 

Aiaquamet, son of Caujauiquante, 

Caujaniquante, sachem of, . 

Cussuckquanth, brother of Mian- 
tonomi, 

Canonicus, 136, 

Miantonomi, 

Meakeaw, son of Canonicus, . . 

Mishammoh, father of Canonicus, 

Mixan, son of Canonicus, . 136, 

Nenekealah, brother of IMiantono- 
mi, 

Ninigret, 

Nawwushawsuch, 

Ninecraft, 

Niueganett, • • 

Quequaganewet, grandson of Ca- 
nonicus, 

Pessicus, successor of Miantono 
mi) ^ 136, 

Quissuckquansh, brotlier of Mi- 
antonomi, 402, 

Quequakanut, 

Hcuttape, grandson of (.'aaoniciis, 

Socho, of Misquamacut. 

Suckquansh, 

Shawattock, 

Totanomans, 

Wannumetonomcy, 

Wegnakaunut, • 

agreement between Miantonomi 
and the sachems, and Governer 
Coddington, _• • 

agreement with the sachems of, to 

be recorded, 

Neale, Henrj, 

Newport, * . . 

Ninecraft, 

Nineganett, 

Ninegret, the cause of the Indian 
troubles 296, 

mortgages lands to Maj. Atherton, 

Newport colony, separation from 
Portsmouth, note on, . . . . 

original records of settlement on 
Rhode Island retained by, . . 

to pay £4 for the killing of a wolf, 

beginning of the records of April, 
1639, 

names of the first planters at, . . 



4(J5 



498! 



26 



296 

36 
297 
343 
454 
513 



138 

454 
454 

37 
450 
465 
498 
130 

5] 
465 



107 

424 
387 

454 
513 

297 
465, 
452 



name of, fixed, and limits of, es- 
tablished, ........ 88 

every servant of the first planters 

to have ten acres of land, . . 88 
Messrs. Clarke Jeffreys, Hazard 
and Dyre to lay out the mead- 
ows near, 88 

home allotments in, to be four 

acres. 89 

committee to lay out lands, estab- 
lish highways, &c., in, . . . 89 
boundary, dividing from Ports- 
mouth, 108 

committee to run the line between, 114 
boundary line between and Ports- 
mouth to be opened, . . . .115 
the trading houses of Narragan- 
sett Bay to be at, 152 

authorized to enact certain orders, 206 
prison, to be the prison for the 

colon}', : 212 

general court: of election to be 

held in, in May, . . f . . . 219 
to have a magazine with arms and 

ammunition, 324 

falls off from the establislied gov- 
ernment , 233 

letter to be sent to, from Provi- 
dence and Warwick, .... 239 

committee to carry letter to, . . 239 
letter from, to Providence Plan- 
tations, witli propositions for a 
compromise, ....... 259 

letter from Providence Planta- 
tions to, in reply to foregoing, 258 
to build prison for the island, . . 310 

prison erected in, 391 

general court at, 220, 228, 263, 273, 
353, 436, 508, 511 
proportion of money to be con- 
tributed bv, to send to John 
Clarke, 444, 446, 481, 496, §06, 507 

Keedham, William, 91 

Negroes, perpetual slavery of, pro- 
hibited, 243 

Nenekealah, sachem, confirms sale 
of lands to inhabitants of Provi- 
dence, 36 

Nipmucks subject themselves to 

Massachusetts, . . . .40,460 

Niswosakit, 39, 460 

Nixon, Nickson, Mr. [John], 505-7, 

513 

Northup, Stephen, 387 

Norton, Humphrey, sent from Ply- 
mouth, • 379 

Norvell, Increase, secretary, letter 

to Roger Williams, .... 133 

Nucauj an Indian, 451 

Nyantecutt, land at ordered pur- 
chased of the Indians, . . . 418 



GENERAL INDEX- 



539 



85 



4G 



Nyles, Nicholas, 

Oldham. Mr., Prudence Island given 

to, 

Officers, engagement of, ... . 
Oleron, the maritime laws of, to be 

in force, 151 

Olnev, Olneye, Thomas, 299, 320, 325, 
" 340, 353, 395, 407, 468, 482, 514 
land conveyed to, by Eoger Wil- 
liams, 1638, 20 

receives a home lot in Providence, 24 
signs the first conjpact, .... 31 
testimony of, in relation to lands 

purchased of Osamequin, . . 33 
one of the committee to form a 

government, 42 

general assistant for Providence, 242, 

27.3, 303, 336, 467 

commissioner for Providence, 245, 265, 

316, 326, 327, 337, 345, 366, 394, 

408,447,468,480,501. 

opposes the authorities, . . . 307 

Olney, Thomas Jun'r, . . . .299 

witnesses deed, 1660, .... 36 

town clerk of Providence, ... 41 

commissioner and assistant for 

Providence, .... 209, 216, 235 

Olney, Epenetus, 387 

Ordinances to be read and made 

known by beat of the drum, . 274 
Ousamequin, chief of Pokanoket, 
his friendship for Roger Wil- 
liams at Plymouth, .... 26 
deed from, to Roger Williams and 
the inhabitants of Providence, . 31 



31 



33 



47 



81 



81 

70 

300 



refuses to sign the above deed, 

testimony of Gregory Dexter and 

Roger Williams in relation to 

the purchase of lands of, . . 

permits the English to use grass 

and trees at Powakasick, 

has leave to kill ten deer within 

the limits of Portsmouth, . . 

shall take his deer to Portsmouth 

and leave the island, .... 

Paine, Pane, Anthony, .... 

Paine, Arthur, 

Paine, John, 72, Jl 

Painter, Thomas, .... 24, 301 

Palmer, George, ^^-^ 

Palmer William, 455 

Palmer, Elihu, 45/ 

Parker, George, gets into a frolic at 

Portsmouth 60 

released from payment of lands for 

services rendered, 8o 

admitted an inhabitant of Aquid- 

neck 91, 100 

. at Newport, . • • lU, 126, 127, 300 
suspended till he gives satisfac- 
tion for his offence, • • HJ? 1^* 

36 



general sargent, . . .303,325,336 

death of, ■•■■■■■• ift, 
petition from widow of, . . . • oii^ 

Parker, John, ^^^''^ai 

Parker, William, J- 

Parr ant, Anthony, "tm 

Partridge, Captain, committee on 

the estate of, .... . • 275 
Partridge, Alexander, . . . ^OJ, 301 

Paspatanage, _ • 450 

Patent for the island, &c., commit- 
tee to petition for, 1^5 

Paukanawket, 

Pawcatuck, for references to, see 
Southertown and Pequot country 
river, land east of, not a portion 

of the Pequot country, . . . < 
proceedings of commissioners re- 
lating to, 

Pawtucket, lands near, purchased of 

Ousamequin, 

bounds of lands near, purchased 

of Canonicus, 

Pawtuxet, letter of Roger Williams 

relative to the bounds of, . • 

the general officers to write to, to 

choose the government, . • • 

letter sent to, about subjecting to 

the colony, ..... 218, 219 
case against for a riot, . . • • --'^2 
meeting of the general assembly at, 239 
letter of Roger Williams to Mas- 
sachusetts relative to difficul- 
ties in, 322 

difficulties at, to be settled by ar- 
bitration, 339 

Roger Williams' letter in relation 

to difficulties at, 341 

bill from, presented and read, . . 366 
robberies committed by Indians in, 405 
Pawtuxet river, committee to report 

plan for building bridge over, . 430 
Peage, price fixed of, . • • 217, 400 

low price of, ' • 474 

Pearce, Richard, ^87 

Peckham, John, .... 92, 111, 301 
Pequot Indians, complaint to Ply- 
mouth of encroachments on them, 451 
Pequot country, claim of Mass. to, . 451 
protest of the Indians relative to, 454 
papers relating to transactions in, 455 



33 



35 



39 
153 



456 
457 



rela- 



claim of Connecticut to, 

letter from Roger Williams 
tive to the jurisdiction of, . . 

arrests by Massachusetts of per- 
sons in, • 

letter from Massachusetts rela- 
tive to the iurisdiction of, and 
arrests in, \ . . .460,461,462 

order of the general assembly re- 



457 



455 



640 



GENERAL INDEX. 



lative to, 463 

letter to Massachusetts in reply, 
relative to, 469 

does uot iuclude land east of 
Pawcatuck river, 469 

second letter to Massachusetts in 
relation to, 493 

proceedings of the commissioners 
of the United Colonies relative to, 498 
(see also Southertown.) 
Perjury, laws of 1647, relating to, . 181 

persons convicted of, to be put in 
the stocks and fined, .... 228 

Perran, Henry, 302 

Perrie, Henry, 303 

Perry, Richard, 313 

Pessicus, act of submission from the 

Narragansetts, 134 

letter to Massachusetts, . . . 136 

permitted to gather chestnut rinds 

on Rhode fsland, 225 

Pettaquamscutt,Petacomscot, juris- 
diction of, claimed by Massa- 
chusetts, 462 

leave granted to settle at, . . . 474 

Pier son, Mr., 500 

Plymouth, the governor to write to 

about the main land grass, . . 103 

renews dispute before the com- 
missioners in regard to juris- 
diction, 233 

answer of Capt. Morris's letter to, 314 

letter to be written to, relative to 
grass, 319 

claimsjurisdiction over Hog Island, 273 

letter to, in reply to the claim of, . 373 

sends Quakers to Rhode Island, . 379 

commissioners to treat with, rela- 
tive to Hog Island, . . . .409 

letter to, from Rhode Island, rela- 
tive to Hog Island, 410 

letter from, read in thn assembly, 420 

letter in reply to the above order- 
ed written, 420,430 

letters from, to remain in Mr. 
Arnold's possession, .... 431 

letter from, relative to the juris- 
diction of the Pequot country 
claimed by Massachusetts, . . 451 

letter to, from Roger Williams, 
relative to the Narragansett 

country, , . 460 

Pocasset, commissioners to treat 

with, 94 

Poole, Edward, 91 

Poor, laws of 1647, regarding, . . 184 

order relating to, 227 

Porter, John, 53, 54, 56, 59, 60, 62, 63, 
71, 82, 100, 300, 393, 427, 429, 444, 
447. 

signs compact at Portsmouth, 1638, 52 



to aid in surveying lands, ... 64 

land granted to, 77 

to see Newport men about lands, 73 
assistant, 101, 120, 112, 120, 219, 408, 
48G 
excused from training on paying 

sixteen shillings a year, . . . 335 
commissioner, 355, 366, 419, 428, 447 
Portsmouth, records of the town of, . 45 
agreement of the body politic at, 

1638, 52 

names of the first settlers of, . . 52 
Wm. Coddington elected judge of, 52 
none received as freemen of, who 

do not submit to the government, 53 
meeting house of, where to be 

located, 54 

allotment of lands to certain in- 
habitants of, 55 

town of, to be builded at the 

spring, 53 

meeting house ordered to be set 

on the neck, , . 54 

laud for, to be laid out by John 

.Coggeshall and John Sanford, . 54 
house lots in, to be laid out, and 

three acres given to each house, 61 
home allotments in, to bo laid out, 64 
compact signed at, April 30, 1639, 70 
committee to lay out lands in, 70, 109 
name of, agreed upon, .... 72 
to pay twenty shillings for the 

killing of a wolf, 85 

division line of, 108 

magazine for arms and ammuni- 
tion in, 223 

withdraws from the established 

government, 233 

letter from Providence Planta- 
tions to, 258 

to pay Newport towards building 

a jail, 310 

amount contributed by, for John 
Clarke, agent, 444, 446, 481, 496, 
506, 507 
general court held at, 147, 316, 336, 
345, 366, 419, 427, 447 
Potawomet, deed of, from the In- 
dians to Randall Holden and 

Ezekiel Holyman, 131 

land to be purchased of the Indi- 
ans at, 424 

Potawomuck neck granted to Major 

Atherton, 464 

Potter, Abel, bound to Wm.Baulston, 85 
Potter, Robert, . . .70,91,136,314 
surveyor of highways, .... 72 
disfranchised and name struck off 

from the roll, .... Ill, 119 
to bo arrested if he come upon the 
island armed, 123 



GENERAL INDEX. 



641 



one of the grantees of the town of 

Warwick, 130 

assistant, ' . 210 

commissioner for Warwick, 235, 245, 
314 

Potter, George, 70, 91 

Potter, Nathaniel, 70, 91 

Potter, Elisha R., his History of 

Narrangansett, quoted, . . . 451 

Power, Nicholas, 299 

Powtuck, Powatuck, . . . 454, 466 
Pleaders, law of 1647, touching, . 200 
l^ray, Richard and Mary, apply for 

a divorce, 503 

Presentments against William Cod- 

dington not to be prosecuted, . 333 
President and assistants to be con- 
servators of the peace, . . . 192 
to sit as chief judge in courts of 

trial 194 

to be fined £5 if he refuse to serve, 217 
President regent, Jeremy Clarke, . 213 
Prince, Thomas, Governor of Ply- 
mouth, letter to, 374 

commissioner, letter from, . 376, 500 
letter from, relating to the Pequot 

country, 451 

Prison to be built on R. Island, 1638,59, 65 

Prisons, each town to provide one, . 218 

and cages, order relative to, 335, 391 

insufficiency of, in the colony, . 391 

Private petitions to the assembly to 

be taxed, 224 

Privateers commissioned against the 

Dutch by Newport, &c., . . 265 
remonstrance of Providence in 
consequence of do., .... 267 
Prizes taken — committee to take 

charge of and account for, . . 265 
jurors for the trial of, .... 266 
money in Mr. Easton's hands to 
be secured, .... 387, 389, 425 
Probate of wills, law of 1647, re- 
garding, 188 

Process of law against general officers, 359 
Profane swearing, how punished, . 314 
Providence, early records of, sup- 
posed to have been lost in the 
sacking of the town in 1686, . 12 
earliest record of, in 1636, ... 12 
first treasurer of, appointed in 

June, 1636, 13 

agreement of the first settlers of, . 

1636, 14 

names of the twelve associates to 
whom Roger Williams conveyed 
the lands bought by him of Ca- 
nonicus and Miantonorai, . . 20 
■ report of arbitrators at, with pro- 
posals for a form of govern- 
ment, 277 



deed of land between Pawtucket 
and Loqusquscit to, hy Osame- 
quin, chief of Pawcanoket, . . 31 

lands purchased by, confirmed to, 
by Caujaniquante, successor of 
Canonicus and Miantonomi, . 35 

lands purchased by. confirmed by 
Cussuckquanth and Nenekea- 
leh, chief sachems, .... 36 

lands purchased by, further con- 
firmed by Scuttape and Que- 
quaganewet, grandsons of Ca- 
nonicus, . 37 

bounds of, letter of Roger Wil- 
liams in relation to, ... . 39 

reply of, to the above letter, . . 40 

instructions from, to the commit- 
tee to meet at Portsmouth, May , 
1647, to form a government, . 42 

court of election in May to be held 
at, 149 

charter of the town of, 1647, . .214 

magazine for arms and ammuni- 
tion in, 223 

assistants from, reunite with New- 
port and Portsmouth, .... 265 

letter from Roger Williams to, in 
1654, on the state of the colony, 351 

meeting of the general court of 
commissioners, or assembly, at, 208, 
223, 235, 245, 258, 267, 303, 405 
407, 501, 504. 

may buy a little more land of the 
Indians, " seeing they are strait- 
ened," 418 

amount to be contributed by, to 
send to John Clarke, 444, 481, 496, 
506 
Providence Plantations, patent or 

charter of, 1643, 143 

the government of, declared to be 
democratical, 156 

first code of laws of, passed 1647, 156 

laws of, to accord with the laws of 
England, 158 

letter to the towns of Portsmouth 
and Newport, ...... 258 

letter with propositions from New- 
port to, for a reconciliation, . 259 

remonstrance of, against the pro- 
ceedings of Newport and Ports- 
mouth for commissioning pri- 
vateers, 268 

api^oints a committee to confer 
with the dissenting towns, . . 273 

articles of agreement for re-unit- 
ing the four towns of, separated 
in consequence of Mr. Codding- 
ton's commission, 276 

letter to, from Sir Henry Vane, . 285 

letter from, to Sir Henry Vane, . 28 



542 



GENERAL INDEX. 



letter to, from Oliver Cromwell, . 316 
letter from Roger Williams, presi- 
dent of, to Massacliasetts, about 

Warwick affairs, 341 

Prudence Island, bought by Roger 
Williams and Governor Win- 

throp, 45 

first given to Mr. Oldham, ... 46 
Public letters and documents not al- 
lowed to be copied, .... 426 

Pumhom, Pomham, 131 

a messenger sent to, to bring him 

to court, 218 

warrant sent to, to bring him be- 
fore the court, 328 

committee to treat with, . . . 328 
letter from Roger Williams to 

Massachusetts, in relation to, . 341 
complaints against, for depreda- 
tions in Warwick, 391 

causes a riot in Warwick, . . . 405 
ordered to be arrested, .... 405 

Pyke, Robert, 387 

Quakers, letter from the commis- 
sioners of the United Colonies 

concerning, 374 

reply from the government of R. 

Island to the above, .... 376 
letter from the general assembly 
in reply to the commissioners, . 378 
Quanuanoue, the same as Canonicus, 37 

Quequatuck, 450 

Quequaganewet, grandson of Canon- 
icus confirms the sale of lands 
to Providence people, ... 37 
letter of Roger Williams in rela- 
tion to, 39 

Quequakanut, 454 

Quequegusewet, 454 

Quick, William, 91 

Quissuckquanch, brother of Mianto- 

nomi, .... 36, 402, 512, 513 
articles of agreement with, to be 

recorded, 424 

fails to pay money due by him, 425, 
430 

Quononagutt Island, 403 

Ralph, Thomas, permitted to buy 

land of the Indians, .... 483 
Rape, law of 1647, regarding, . . 173 
Rates levied, . . 384, 395, 422, 426 
Rates if unpaid, may be distrained 

for, 422, 481 

Ordered to raise £200 for John 

Clarke, 481 

Rawson, Edward, Secretary of Mas- 
sachusetts, . .461,463,492,516 
Rebellion, law of 1647, regarding, . 162 
Recorder to write out the colony 

records, 312 

duties of, 195 



Records, books and papers, penalty 

fgr retaining, 205 

to be inspected and perfected, . 275 
Redick, Reddarke, Henry, commis- 
sioner, 288, 299, 326 

Reeve, widow, 24 

Rehearing after judgment, law relat- 
ing to, 357 

Religious liberty, order of Roger 
Williams and of the town of 
Providence in relation to, 1637, 16 
claims for, in the proposals of the 
arbitrators to form a govern- 
ment at Providence in 1640, . 28 
no one to be declared a delinquent 

for doctrine, 113 

allusions to in reply of the gener- 
al assembly to the charges 
against the Quakers, .... 378 
Representative court, appointment of, 229 
Rescuing from an oflicer, law of 1647, 168 

Rero, Edward, 92 

Reynolds, William, among first set- 
tlers of Providence, . .14,15,24 
signs the first compact at, ... 31 
Rhode Island, first government of, 
in 1647, instructions of Provi- 
dence committee in relation to, 42 
purchase of the island of, from 

the Indians, 44 

(see also Aquidueck.) 
articles given the Indians for the 

sale of, 48, 49 

every family on, to have a mus- 
ket, powder, ball, sword, &c., . 54 
two shillings to be paid for each 

acre of land taken on, ... 56 
each inhabitant admitted on, to 

to pay two shillings, .... 56 
prison to be built on, 16-38, . . 59 
inhabitants of, admitted 1640, . . 91 
the chief magistrate of, to be call- 
ed governor, 100 

William Coddington chosen first 

governor of, 1640, 101 

government of, in 1641, declared 

a democracy, .112 

so named in 1644, or Isle of Rhodes, 127 
letter to Massachusetts in rela- 
tion to the submission of the 

Narragansetts, 138 

Rhodes, Rodes, Roades, Zackery, 323, 
355, 387, 438, 444, 446, 482, 507 
commissioner for Providence, 393, 419, 
437, 492, 504, 508 
Rickard, Geo., among the first set- 
tlers of Providence, .... 14 
receives a home lot in Providence, 24 
Richardson, Richenson, William, 70, 91, 

301 
Amos, Amese, . . . 461, 464, 466 



GENERAL INDEX. 



543 



Richmond, John, Sen'r, . . 333, 359 
Eichraond, Edward, . . 348, 349, 360 
Riots and unlawful assemblies, law 

of 1647, against, . . . 169,192 
Robbery, law of 1647, regarding, . 167 
Roberts, Thomas, . . . .299, 326 

commissioner, . 337 

Robinson, Anthony, gets into a frolic, 60 

Robinson, Edward, 301 

Rogers, James, 92, 108, 110, 126, 275, 

301, 353, 424, 427, 431, 436, 439, 

457, 467, 504. 

solicitor general, . . . 353, 386, 408 

petition concerning Askomicutt, . 449 

Roome, John, at Portsmouth, 1639, 70, 

81, 91, 100, 300, 305, 307, 309, 311, 

313, 315, 328, 334, 353, 393,444,447. 

land granted to, 82 

at Newport, Ill, 265 

commissioner for Portsmouth, 276, 
281, 304, 316, 326, 327, 337, 419, 
437, 447. 
assistant for Portsmouth, 282, 303,408 

Root, Robert, 92 

Saberny, Thomas, 48 

Salter, Sampson, 92 

Sand, Sands, James, land granted 

to, in Portsmouth, . . \ . 77,83 
other references to, . . . 300, 355 
Sand, John, land granted to, in 

Portsmouth, 80 

Sanders, Tobias, .... 301, 303 
arrested by Massachusetts in Sou- 

thertown, 455 

narrative relating to do., . . . 456 
fined and imprisoned by Massa- 
chusetts, 462, 494 

defence of, in letter from R. Island, 470 
Sanford, Samford, John, 53, 54, 56, 58, 
59-62, 80, 100, 111, 300, 328, 331, 
350, 374, 384,421, 433,435, 439, 444, 
467, 474, 482, 505. 
commissioner for Portsmouth, 326, 
327,337,354, 366,394,408,419,428, 
429, 431,468,480,492,501. 

for Warwick, 345 

signs compact at Portsmouth, 1638, 52 
recorder, 48, 49, 131, 353, 386, 408, 
427, 436, 467 
to lay out land, 54, 73, 85, 102, 109 
land allotted to, on Rhode Island, 54, 
73, 109 

to repair highways, 57 

chosen constable, 101 

do. lieutenant, 127 

do. assistant, . . . 148, 216, 336 

do. president, 264 

do. clerk, . . 337, 345, 387, 404 

" do. committee on prizes taken, 265 

do. general treasurer, 303, 336, 

353, 386, 408, 427 



letter to Capt. Denison and Thom- 
as Stanton, on Indian affairs, . 361 
acquitted of charges presented by 

William Coddiugton, .... 385 
official letters of, 396, 409, 410, 420 

general attorney, 504 

Sanford, John, Jr., .... 263,300 

Sanford, Samuel, . . . . . .387 

Sargent and his duties, . . .65, 197 

fees of, 122 

Sarle, Richard, 91 

Savage, Thomas, at Portsmouth, 1638, 52 

Savorie, Thomas, 92 

Sawell, Richard, 49 

Sayles, Sailes, John, 299, 311, 404, 405 
commissioner, . 304, 354, 408, 419 

assistant, 262,267,271 

Sayerj widow, 24 

Scolds, to be punished with the 

ducking stool, 185 

Scott, Richard, at Providence, in 

1636, 14 

receives a lot in, 24 

signs compact at, . . . 31,299 
Scuttape, Scutabe, confirms sale of 

lands purchased of Canonicus, . 37 
protests against Samuel Wilbore, 454 
mortgages land to Maj. Atherton, 465 
Sears, Jane, [probably same as 

Sayers, above,] 31 

Sea banks free to all for fishing, . 99 
Seal of the colony, 1639, a sheaf of 

arrows, 115 

1647, an