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



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UNIVERSITY 
OF PITTSBURGH 



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LIBRARY 



it- 

RECORDS 

OF THE 

COLONY OF RHODE ISLAND 

AND 

PEOVIDENCE PLANTATIONS, 

1 N 

NEW ENGLAND. 




PRINTED BY ORDER OF THE GENERAL ASSEMBLY. 



EDITED BY 

JOHN RUSSELL BARTLETT, 

SECRETARY OF STATE. 



VOL. II. 
1664 TO 1677. 



PROVIDENCE, R. I.: 

A. CRAWFORD GREENE AND BROTHER, STATE PRINTERS. 

1857. 






f 



REMARKS. 



The Second Volume of the Colonial Records of Rhode 
Island commences with the adoption of the Charter of 
Charles the Second, and the organization of the govern- 
ment under the same, in March 1663 — 1664, and extends 
to the close of the year 1677, thereby including fourteen 
years of the Colonial Annals. 

The Records of the proceedings of the General Assem- 
bly are printed verbatim from the original m-anuscript 
copy in the Archives of the State. In addition to these, 
there are inserted in their proper places, the records of the 
" Proceedings of the Governor and Council," which held 
frequent meetings between the Sessions of the General 
Assembly, during certain periods, and whose proceedings 
are of equal historical importance with those of the former 
body. These are also printed from the original book of 
records. 

The great Charter of Charles the Second precedes the 
Records, and is an exact reprint from the original docu- 
ment. 

Two important events in the history of the Colony took 



IV. REMARKS. 

place during the period included in this volume. These are 
the dispute with the Colony of Connecticut for the juris- 
diction of the Narragansett country, and the difficulties 
arising therefrom, and King Philip's war. The corres- 
pondence and proceedings of the two Colonies, connected 
with their claims to the Narragansett country, are printed 
at length, for the first time, in their proper places in this 
volume. Much of this correspondence was copied a few 
years since from the records and files in the public Ar- 
chives of Connecticut, for the Rhode Island Historical 
Society. From those copies these documents have now 
been printed. 

A number of valuable documents have been taken from 
the manuscript collection of John Carter Brown, Esquire, of 
Providence, who kindly placed this collection at my dis- 
posal, for the use of the State. Other documents of value 
have been obtained from the office of the Secretary of 
State, of the State of New York. 

J. R. B. 
Providence, May, 1857. 



RHODE ISLAND RECORDS. 



\ 



RHODE ISLAND HECORDS. 



THE CHARTER 

OF 

THE GOVERNOR AND COMPANY OF THE ENGLISH 

COLONY OF 

RHODE ISLAND AND PROVIDENCE PLANTATIONS IN NEW 

ENGLAND, IN AMERICA. 



€ 



16 6 3. 

t)aH£(!:0 ^(^^ ^^€^0^^ by the grace of i&o^, 16G3. 
King of England, Scotland, France and Ireland, De- -^^^--^ 
fender of the Faith, &c., to all to whome thes3 pres- 
ents shall come, greeting : illljcrras voce have been inform- 
ed, by the humble petition of our trustie and well beloved 
subject, John Clarke, on the behalfe of Benjamine Arnold, 
William Brenton, William Codington, Nicholas Easton, Wil- 
V liam Boulston, John Porter, John Smith, Samuell Gorton, 
^_ John Weeks, Roger Williams, Thomas Olnie, Gregorie 
\^ Dexter, John Cogeshall, Joseph Clarke, Randall Hol- 
l den, John Greene, John Roome, Samuell Wildbore, Wil- 

; rj^ liam Ffield, James Barker, Richard Tew, Thomas Harris, 
v! and William Dyre, and the rest of the purchasers and ffree 
inhabitants of our island, called HijOLic^lslanb, and the 
^,^"">^est of the colonic of Providence Plantations, in the Nar- 
^ ragansett Bay, in New-England, in America, that they, 
V^ pursueing, with peaceable and loyall mindes, their sober, 
>V serious and rehgious intentions, of godlie edifieing them- 
i \ selves, and one another, in the holie Christian ffaith and 
worshipp as they were perswaded ; together with the 
gaineing over and conversione of the poore ignorant Indian 
natives, in those partes of America, to the sincere profes- 
VOL. n. 1 



RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. sione and obedienc of the same ffiiith and worship, did, not 
-*^v-*-' onlie by the consent and good encouragement of our royall 
progenitors, transport themselves out of this kingdome of 
Enghmd intoAmerica, but alsoe, since their arrivall there, 
after their first settlement anion gst other our subjects in 
those parts, ffor the avoideing of discorde, and those manie 
evills which were likely to ensue upon some of those oure 
subjects not beinge able to beare, in these remote partes, 
theire different apprehensiones in religious concernements, 
and in pursueance of the afforesayd ends, did once againe 
leave theire desireable stationes and habitationes, and with 
excessive labor and travell, hazard and charge, did trans- 
plant themselves into the middest of the Indian natives, 
who, as wee are infformed, are the most potent princes 
and people of all that country; where, by the good Provi- 
dence of God, from whome the Plantationes have taken 
their name, upon theire labour and Industrie, they have 
not onlie byn preserved to admiration, but have increased 
and prospered, and are seized and possessed, by purchase 
and consent of the said natives, to their ffull content, of 
such lands, islands, rivers, harbours and roades, as are 
verie convenient, both for plantationes and alsoe for build- 
inge of shipps, suplye of pype-staves, and other merchan- 
dize ; and which lyes verie commodious, in manie respects, 
for commerce, and to accommodate oure southern planta- 
tiones, and may much advance the trade of this oure 
realme, and greatlie enlarge the territories thereof ; they 
havoinge, by neare neighbourhoode to and friendlie socie- 
tie with the greate bodie of the Narragansett Indians, 
given them encouragement, of theire owne accorde, to 
subject themselves, theire people and landes, unto us ; 
whereby, as is hoped, there may, in due tyme, by the 
blessing of God upon theire endeavours, bee layd a sure 
ffoundation of happinesse to all America : ^ui! niljcrcas, 
in theire humble addresse, they have ffreely declared, that 
it is much on their hearts (if they may be permitted), to 
hold forth a livelie experiment, that a most flourishing 



AND PROVIDENCE PLANTATIONS. I 

civill state may stand and best bee maintained, and that I6G0. 
among our English subjects, with a full libertie in religious ^-«^/-*«- 
concernements ; and that true pietye rightly grounded up- 
on gospell principles, will give the best and greatest 
security to sovereignetye, and will lay in the hearts of 
men the strongest obligations to true loyaltye : ^Coii) knoii! 
mc, that wee beinge \Yiliinge to encourage the hopeful! 
undertakeinge of oure sayd loyall and loveinge subjects, 
and to secure them in the free exercise and enjoyment of 
all theire civill and religious rights, appertaining to them, 
as our loveing subjects ; and to preserve unto them that 
libertye, in the true Christian ffaith and worshipp of God, 
which they have sought with soe much travaill, and with 
peaceable myndes, and loyall subjectione to our royall 
progenitors and ourselves, to enjoye ; and because some 
of the people and inhabitants of the same colonie cannot, 
in theire private opinions, conforme to the publique exer- 
cise of religion, according to the litturgy, formes and cere- 
monyes of the Church of England, or take or subscribe 
the oaths and articles made and established in that be- 
halfe ; and for that the same, by reason of the remote dis- 
tances of those places, will (as wee hope) bee noe breach 
of the unitie and unifformitie established in this nation : 
Have therefore thought ffit, and doe hereby publish, 
graunt, ordeyne and declare, That our royall will and 
pleasure is, that noe person within the sayd colonye, at 
any tyme hereafter, shall bee any wise molested, punish- 
ed, disquieted, or called in question, for any differences in 
opinione in matters of religion, and doe not actually dis- 
turb the civill peace of our sayd colony ; but that all and 
everye person and persons may, from tyme to tyme, and 
at all tymes hereafter, freelye and fullye have and enjoye 
his and theire owne judgments and consciences, in matters 
of religious concernments, throughout the tract of lande 
hereafter mentioned ; they behaving themselves peacea- 
blie and quietlie, and not useing this libertie to lycentious- 
ncsse and profanene««e, nor to the civill injurye or out- 



RECORDS OF THE COLONY OF RHODE ISLAND, 

ward disturbeance of others ; any lawe, statute, or 
' clause, therein contayned, or to bee contayned, usage or 
custome of this realme, to the contrary hereof, in any 
wise, notwithstanding. And that they may bee in the 
better capacity to defend themselves, in theire just rights 
and libertyes against all the enemies of the Christian 
ffaith, and others, in all respects, wee have further 
thought fit, and at the humble petition of the persons 
aforesayd are gratiously pleased to declare^ That they 
shall have and enjoye the benefitt of our late act of in- 
dempnity and ffree pardon, as the rest of our subjects in 
other our dominions and. territoryes have ; and to create 
and make them a bodye politique or corporate, with the 
powers and priviledges hereinafter mentioned. And ac- 
cordingely our will and pleasure is, and of our especiall 
grace, certaine knowledge, and meere motion, nice IjiiDc 
oriiCUUtL!, constituted and declared, and by these presents, 
for us, our heires and successors, doe ordeyne, constitute 
and declare. That they, the sayd William Brenton, William 
Codington, Nicholas Easton, Benedict Arnold, Wilham 
Boulston, John Porter, Samuell Gorton, John Smith, John 
Weekes, Eoger Williams, Thomas Olneye, Gregorie Dex- 
ter, John Cogeshall, Joseph Clarke, Randall Ilolden, John 
Greene, Jolui Roome, WiUiam Dyre, Samuell Wildbore, 
Richard Tew, WilUam Ffeild, Thomas Harris, James Bar- 
ker, Rainsborrow, Williams, and John 

Nickson, and all such others as now are, or hereafter shall 
bee admitted and made ffree of the company and societie 
of our collonie of Providence Plantations, in the Narra- 
gansett Bay, in New-England, shall bee, from tyme to 
tyme, and forever hereafter, a bodie corporate and politique, 
in fflict and name, by the name of ulljc (Boccrnor aul) (Eom^ 
pant) of tl)c (EnoiUsI) Collouic of Uljoitc-Jslani) aii^ proxVi- 
kucc |3lautatious, in 3Nrcro-(!:uo,laiiL), in America; and 
that, by the same name, they and their successors shall 
and may have perpetuall succession, and shall and 
may bee persons able and capable, int he lawe, to sue 



AND PROVIDENCE PLANTATIONS. 7 

and bee sued, to pleade and be impleaded, to answeare 1663. 
and bee answeared unto, to defend and to be defended, ^-^-^v-"*-' 
in all and singular suites, causes, quarrels, matters, ac- 
tions and thinges, of what kind or nature soever ; and 
alsoe to have, take, possesse, acquire and purchase, lands, 
tenements or hereditaments, or any goods or chattels, and 
the same to lease, graunt, demise, aliene, bargaine, sell 
and dispose of, at their owne will and pleasure, as other 
our liege people of this our realme of England, or anie 
corporation or bodie politique within the same, may lawe- 
fully doe : ^ult fiirtljcr, that they the sayd Governor and 
Company, and theire successors, shall and may, forever 
hereafter, have a common scale, to serve and use for all 
matters, causes, thinges and affaires, whatsoever, of them 
and their successors ; and the same scale to alter, change, 
breake, and make new, from tyme tyme, at their will and 
pleasure, as they shall thinke ffitt. ^iil) fuvt!)cr, wee will 
and ordeyne, and by these presents, for us, cure heires 
and successours, doe declare and apoynt that, for the bet- 
ter ordering and managing of the affaires and business of 
the sayd Company, and theire successours, there shall bee 
one Governour, one Deputie-Governour and ten Assistants, 
to bee from tyme to tyme, constituted, elected and chos- 
en, out of the freemen of the sayd Company, for the tyme 
beinge, in such manner and fforme as is hereafter in these 
presents expressed ; which sayd officers shall aplye them- 
selves to take care for the best disposeinge and orderinge 
of the generall businesse and affaires of, and concerneinge 
the landes and hereditaments hereinafter mentioned, to 
be graunted, and the plantation thereof, and the govern- 
ment of the people there. Q[\xb, for the better execution 
of oure royall pleasure herein, wee doe, for us, oure heires 
and successours, assign, name, constitute and apoynt the 
aforesayd Benedict Arnold to bee the first and present 
Governor of the sayd Company, and the sayd William 
Brenton to bee the Deputy- Governor, and the sayd Wil- 
liam Boulston, John Porter, Roger Williams, Thomas 



5 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. Olnie, John Smith, John Greene, John Cogeshall, James 
-*^'-^-' Barker, William Ffeilcl, and Joseph Clarke, to bee the 
tenn present Assistants of the saycl Company e, to continue 
in the sayd severall offices, respectively, untill the first 
Wednesday which shall bee in the month of May now 
next comeing. ^ni) furtljcr, wee will, and by these 
presents, for us, our heires and successessours, doe ordeyne 
and graunt, that the Governor of the sayd Company, for 
the tyme being, or, in his absence, by occasion of sick- 
nesse, or otherwise, by his leave and permission, the 
Deputy-Governor, ifor the tyme being, shall and may, 
ffrom tyme to tyme, upon all occasions, give order ffor the 
assemblinge of the sayd Company, and callinge them to- 
g-ether, to consult and advise of the businesse and affaires 
of the sayd Company. ^\\^ t!)at forever hereafter, twice 
in every year, that is to say, on every first Wednesday in 
the moneth of May, and on every last Wednesday in Oc- 
tober, or oftener, in case it shall bee requisite, the Assist- 
ants, and such of the ffreemen of the Company, not ex- 
ceedinge six persons ffor Newport, ffoure persons ffor each 
of the respective townes of Providence, Portsmouth and 
Warwicke, and two persons for each other place, towne or 
city, whoe shall bee, from tyme to tyme, thereunto elected 
or deputed by the majour parte of the ffreemen of the re- 
spective townes or places ffor whicht hey shall bee so elect- 
ed or deputed, shall have a generall meetinge, or Assembly 
then and there to consult, advise and determine, in and 
about the affaires and businesse of the said Company and 
Plantations, ^nb fiirtljcr, wee doe, of our especiall grace, 
certayne knowledge, and meere motion, give and graunt 
unto the sayd Governour and Company of the English col- 
lony of UljOiic-lslani) a\\is |3voxiibcncc plantations, in New- 
England, in America, and theire successours, that the 
Goverpour, or, in his absence, or, by his permission, the 
Deputy-Go vernour of the sayd Company, for the tyme be- 
inge, the Assistants, and such of the ffreemen of the sayd 
. Company as shall bee soe as aforesayd elected or deputed. 



AND PROVIDENCE PLANTATIONS. 

or soe many of them as shall bee present att such meet- 1G6-' 
inge or assemblye, iis afforesayde, shall bee called the ^-«»^v-<. 
Generall Assemblye ; and that they, or the greatest parte 
of them present, whereof the Governour or Deputy-Gov- 
ernour, and sixe of the Assistants, at least to bee seven, 
shall have, and have hereby given and graunted unto them, 
ffull power authority, ffrom tyme tyme, and at all tymes 
hereafter, to apoynt, alter and change, such dayes, tymes 
and places of meetinge and Generall Assemblye, as theye 
shall thinke fFitt ; and to choose, nominate, and apoynt, 
such and soe manye other persons as they shall thinke ffitt, 
and shall be willing to accept the same, to bee ffree of the 
sayd Company and body politique, and them into the 
same to admitt ; and to elect and constitute such offices 
and officers, and to graunt such needfull commissions, as 
they shall thinke ffitt and requisite, iFor the ordering, man- 
aging and dispatching of the affaires of the sayd Govern- 
our and Company, and their successours ; and from tyme 
to tyme, to make, ordeyne, constitute or repeal, such 
lawes, statutes, orders and ordinances, fformes and cere- 
monies of government and magistracye as to them shall 
seeme meete for the good and wellfare of the sayd Compa- 
ny, and ffor the government and ordering of the landes and 
hereditaments, hereinafter mentioned to be graunted, and 
of the people that doe, or att any tyme hereafter shall, 
inhabitt or bee within the same ; soe as such law^es, ordi- 
nances and constitutiones, soe made, bee not contrary and 
repugnant unto, butt, as neare as may bee, agreeable to 
the lawes of this our realme of England, considering the 
nature and constitutione of the place and people there ; 
and alsoe to apoynt, order and direct, erect and settle, 
such places and courts of jurisdiction, ffor the heareinge 
and determininge of all actions, cases, matters and 
things, happening within the sayd collonie and planta- 
tione, and which shall be in dispute, and depending 
there, as they shall thinke ffitt ; and alsoe to distinguish 
and sett forth the severall names and titles, duties, pow- 



10 RECORDS OF THE. COLONY OF RHODE ISLAND, 

1663. ers and limitts, of each court, office and officer, superior 
••--»-v-*»^ and inferior ; and alsoe to contrive and apojnt such 
formes of oaths and attestations, not repugnant, but, as 
neare as may bee, agreeable, as aforesayd, to the lawes 
and statutes of this oure reahne, as are conveniente and 
requisite, with respect to the due administration of jus- 
tice, and due execution and discharge of all offices and 
places of trust by the persons that shall bee therein con- 
cerned ; and alsoe to regulate and order the waye and 
manner of all elections to offices and places of trust, and to 
prescribe, limitt and distinguish the numbers and boundes 
of all places, townes or cityes, within the limitts and 
bounds herein after mentioned, and not herein particularlie 
named, who have, and shall have, the power of electing 
and sending of ffreemen to the sayd Generall Assembly ; 
and alsoe to order, direct nd aauthorize the imposing of law- 
full and reasonable ffynes, mulcts, imprsonments, and exe- 
cuting other punishments pecuniary and corporal, upon of- 
fenders and delinquents, according to the course of other cor- 
porations within this oure kingdom of England ; and agayne 
to alter, revoke, annuU or pardon, under their common scale 
or otherwyse, such ffynes, mulcts, imprisonments, sentenc- 
es, judgments and condemnations, as shall bee thought 
ffitt ; and to direct, rule, order and dispose of, all other 
matters and things, and particularly that which relates to 
the makinge of purchases of the native Indians, as to 
them shall seeme meete ; whereby oure sayd people and 
inhabitants, in the sayd Plantationes, may be soe religious- 
ly, peaceably and civilly governed, as that, by theire 
good life and orderlie conversatione, they may win and in- 
vite the native Indians of the countrie to the knowledge 
and obedience of the onlie true God, and Saviour of man- 
kinde ; willing, commanding and requireing, and by 
these presents, for us, oure heires and successours, or- 
deyneing and apoynting, that all such lawes, statutes,' 
orders and ordinances, instructions, impositions and di- 
rectiones, as shall bee soe made by the Governour, depu- 



AND PROVIDENCE PLANTATIONS. 11 

tye-Governour, Assistants and ffreemen, or such number 1663. 
of them as aforesaycl, and publisned in writinge, under '-^"~^'^'*^ 
theire common seale, shall bee carefully and duely ob- 
served, kept, performed and putt in execution, accord- 
inge to the true intent and meaning of the same. "^Vib 
these our letters pattent, or the duplicate or exempliffica- 
tion thereof, shall bee to all and everie such officer, supe- 
riour or inferiour, ffrom tyme to tyme, for the putting of 
the same orders, lawes, statutes, ordinances, instructions 
and directions, in due execution, against us, cure 
heires and successours, a sufficient warrant and discharge, 
^nb iTurtljcr, our will and pleasure is, and wee doe here- 
by, for us, oure heires and successours, establish and or- 
deyne, that yearelie, once in the yeare, forever hereafter, 
namely, the aforesayd Wednesday in May, and at the 
towne of Newport, or elsewhere, if urgent occasion doe 
require, the Governour, Deputy-Governour and Assistants 
of the sayd Company, and other officers of the sayd Com- 
pany, or such of them as the General! Assemblye shall 
thinke ffitt, shall bee, in the sayd Generall Court or As- 
sembly to bee held from that claye or tyme, newely chos- 
en for the year ensueing, by such greater part of the 
sayd Company, for the tyme beinge, as shall bee then and 
there present ; aiih if itt shall happen that the present 
Governour, Deputy-Governour and Assistants, by these 
presents apoynted, or any such as shall hereafter be new- 
ly chosen into their roomes, or any of them, or any other 
the officers of the sayd Company, shall die or bee removed 
ffrom his or their severall offices or places, before the sayd 
generall day of election (whom wee doe hereby declare, 
for any misdemeanour or default, to be removeable by the 
Governour, Assistants and Company, or such greater parte 
of them, in any of the sayd publique courts, to bee assem- 
bled as aforesayd), that then, and in every such case, it 
shall and may bee lawfall to and ffor the sayd Governour, 
Depnty-Governour, Assistants and Company aforesayde, 
or such greater parte of them, soe to bee assembled as is 



12 RECORDS OF THE COLONY OF RHODE ISLAND, 

1663. aforesayde, in any tlieire assemblyes, to proceecle to a new 
■-*''^^"*^ election of one or more of their Company, in the roome 
or place, roomes or places, of such officer or officers, soe 
dycinge or removed, according to theire discretiones ; 
and immediately upon and after such electione or elec- 
tions made of such Governour, Deputy-Governour or As- 
sistants, or any other officer of the sayd Company, in 
manner and forme aforesayde, the authoritie, office and 
power, before given to the fformer Governour, Deputy- 
Governour, and other officer and officers, soe removed, in 
whose steade and place new shall be chosen, shall, as to 
him and them, and every of them, respectively, cease and 
determine : ijroniiicl), all way es, and our will and pleasure 
is, that as well such as are by these presents apoynted to 
bee the present Governour, Deputy-Governour and Assist- 
ants, of the sayd Company, as those that shall succeede 
them, and all other officers to bee apoynted and chosen as 
aforesayde, shall, before the undertakeinge the execu- 
tion of the sayd offices and places respectively, give 
theire solemn engagement, by oath, or otherwyse, for the 
due and faythfull performeance of theire duties in their 
severall offices and places, before such person or persons 
as are by these presents hereafter apoynted to take and 
receive the same, that is to say : the sayd Benedict Ar- 
nold, whoe is hereinbefore nominated and apoynted the 
present Governour of the sayd Company, shall give the 
aforesayd engagement before William Brenton, or any two 
of the sayd Assistants of the sayd Company ; unto 
whome, nice licic by these presentes give ffuU power and 
authority to require and receive the same ; and the sayd 
William Brenton, whoe is hereby before nominated and 
apoynted the present Deputy-Governour of the sayd Com- 
pany, shall give the aforesayd engagement before the sayd 
Benedict Arnold, or any two of the Assistants of the sayd 
Company; unto whome lufc.bac by these presents give 
ffuU power and authority to require and receive the same ; 
and the sayd William Bonlston, John Porter, Roger Wil- 



AND PROVIDENCE PLANTATIONS. 13 

Hams, Thomas Olneye, John Smith, John Greene, John 16G3. 
Cogeshall, James Barker, William Ffeild, and Joseph '--*'^^'^'*^ 
Clarke, whoe are hereinbefore nominated apoynted the 
present Assistants of the sayd Company, shall give the 
sayd engagement to theire offices and places respectively 
belongeing, before the sayd Benedict Arnold and William 
Brenton, or one of them ; to whome, respectively ir.ee iioc 
hereby give ffull power and authority to require, adminis- 
ter or receive the same : a\\b iTurt!)cr, our will and plea- 
sure is, that all and every other future Governour or 
Deputy-Governour, to bee elected and chosen by vertue 
of these presents, shall give the sayd engagement before 
two or more of the sayd Assistants of the sayd Company 
ffor the tyme beinge ; unto whome wee doe by these 
presents give ffull power and authority to require, admin- 
ister or receive the same ; and the sayd Assistants, and 
every of them, and all and every other officer or officers to 
bee hereafter elected and chosen by vertue of these pres- 
ents, from tyme to tyme, shall give the like engagements, 
to their offices and places respectively belonging, before the 
Governour or Deputy-Governour for the tyme being ; un- 
to which sayd Governour, or Deputy-Governour, voct boc 
by these presents give full power and authority to require, 
administer or receive the same accordingly, ^nii mtt 
Ltoe likewise, for vs, oure heires and successours, give and 
graunt vnto the sayd Governour and Company, and theire 
successours, by these presents, that, for the more peacea- 
ble and orderly government of the sayd Plantations, it 
shall and may bee lawfuU ftbr the Governour, Deputy- 
Governour, Assistants, and all other officers and ministers 
of the sayd Company, in the administration of justice, and 
exercise of government, in the sayd Plantations, to vse, 
exercise, and putt in execution, such methods, rules, or- 
ders and directions, not being contrary or repugnant to 
the laws and statutes of this oure realme, as have byn 
heretofore given, vsed and accustomed, in such cases re- 
spectively, to be putt in practice; untill att the next or 



14 RECORDS OP THE COLONY OF RHODE ISLAND, 

1663. some other Generall Assembly, speciall provision shall be 
^-'■^^'-^'-'mride and ordeyned in the cases aforesayd. ^uD uict s>oc 
tTurtl)cr, for vs, oure lieires and successours, give and 
graunt vnto the sayd Governour and Company, and theire 
successours, by these presents, that itt shall and may bee 
lawfull to and for the sayd Governour, or in his absence, 
the Deputy-Governour, and mnjour parte of the sayd As- 
sistants, for the tyme ])eing, att any tyme when the sayd 
Generall Assembly is not sitting, to nominate, apoynt and 
constitute, such and soe many commanders, governours, 
and military officers, as to them shall seeme requisite, for 
the leading, conductinge and trayneing vpp the inhabit- 
ants of the sayd Plantations in martiall affaires, and for 
the defence and safeguard of the sayd Plantations ; and 
that itt shall and may bee lawfull to and for all and every 
such commander, governour and military officer, that shall 
bee soe as aforesayd, or by the Governour, or, in his ab- 
sence, the Deputy-Governour, and six of the sayd Assist- 
ants, and majour parte of the ffreemen of the sayd Com- 
pany present att any Generall Assemblies, nominated, 
apoynted and constituted accordinge to the tenor of his 
and theire respective commissions and directions, to as- 
semble, exercise in amies, martiall array, and putt in war- 
lyke posture, the inhabitants of the sayd collonie, ffor 
theire speciall defence and safety ; and to lead and con- 
duct the sayd inhabitants, and to encounter, expulse, ex- 
pell and resist, by force of armes, as well by sea as by 
lande ; and alsoe to kill, slay and destroy, by all fitting 
wayes, enterprizes and meanes, whatsoever, all and every 
such person or persons as shall, att any tyme hereafter, 
attempt or enterprize the destruction, invasion, detriment 
or annoyance of the sayd inhabitants or Plantations ; and 
to vse and exercise the lawe martiall in such cases only as 
occasion shall necessarily require ; and to take or surprise, 
by all wayes and meanes whatsoever, all and every such 
person and persons, w^th theire shipp or shipps, armor, 
ammunition or other goods of such persons, as shall, in 



AND PROVIDENCE PLANTATIONS. 15 

hostile manner, invade or attempt the defeating of the 1663. 
sayd Plantations, or the hurt of the sayd Company and in- ^-"'^^^-'^ 
habitants ; and vpon just causes, to invade and destroy 
the native Indians, or other enemyes of the sayd Collony. 
Neverthelesse, our will and pleasure is, and wee doe 
hereby declare to the rest of oure Collonies in New-Eng- 
land, that itt shall not bee lawefull ffor this our sayd Col- 
lony of Rhode-Island and Providence Plantations, in 
America, in New-England, to invade the natives inhabit- 
ing within the boundes and limitts of theire sayd Collonies 
without the knowledge and consent of the sayd other Col- 
lonies. And itt is hereby declared, that itt shall not bee 
lawfull to or flor the rest of the Collonies to invade or mo- 
lest the native Indians, or any other inhabitants, inhabit- 
ing within the bounds and lymitts hereafter mentioned 
(they having subjected themselves vnto vs, and being by 
vs taken into our speciall protection), without the knowl- 
edge and consent of the Governour and Company of our 
Collony of Rhode-Island and Providence Plantations. 
Alsoe our will and pleasure is, and wee doe hereby de- 
clare unto all Christian Kings, Princes and States, that if 
any person, which shall hereafter bee of the sayd Compa- 
ny or Plantations, or any other, by apoyntment of the 
sayd Governour and Company for the tyme beinge, 
shall at any tyme or tymes hereafter, rob or spoyle, 
by sea or land, or do any hurt, unlawfull hostillity 
to any of the subjects of vs, oure heires or successours, 
or any of the subjects of any Prince or State, beinge then 
in league with vs, oure heires, or successours, vpon com- 
plaint of such injury done to any such Prince or State, 
or theire subjects, wee, our heires and successours, will 
make open proclamation within any parts of oure realm e 
of England, fjEitt ffor that purpose, that the person or per- 
sons committing any such robbery or spoyle shall, with- 
in the tyme lymitted by such proclamation, make full res- 
stitution or satisfaction of all such injuries, done or com- 
mitted, soe as the sayd Prince, or others soe complaine- 



16 RECORDS OF THE COLONY OF RHODE ISLAND, 

16G3. inge, may bee fully satisfyed and contented ; and if the 
— ^'^^-'sayd person or persons whoe shall committ any such rob- 
bery or spoyle shall not make satysfaction, accordingly, 
within such tyme, soe to bee lymitted, that then wee, 
ouve heires and succeesours, will putt such person or per- 
sons out of oure allegiance and protection ; and that then 
itt shall and may bee lawefull and ffree ffor all Princes or 
others to prosecute, with hostiliity, such ojQfenders, and 
every of them, theire and every of theire procurers,^ 
ayders, abettors and counsellors, in that behalfe ; |3i'otiiii- 
th alsoe, and oure expresse will and pleasure is, aiiL) wn 
L)oc, by these presents, ffor vs, our heirs and successours, 
ordeyne and apoynt, that these presents shall not, in any 
manner, hinder any of oure lovinge subjects, whatsoever, 
ffrom vseing and exerciseing the trade of ffishing vpon the 
coast of New-England, in America ; butt that they, and 
every or any of them, shall have ffull and ffree power and 
liberty to continue and vse the trade of fi&shing vpon the 
sayd coast, in any of the seas thereunto adjoyninge, or 
any armes of the seas, or salt water, rivers and creeks, 
where they have been accustomed to flish ; and to build 
and to sett upon the waste land, belonginge to the sayd 
Collony and Plantations, such wharfes, stages and worke- 
houses as shall be necessary for the salting, drying and 
keepeing of theire ffish, to be taken or gotten upon that 
coast, ^uii ffurtljcr, for the encouragement of the inhab- 
itants of our sayd Collony of Providence Plantations to 
sett vpon the businesse of takeing whales, itt shall bee 
lawefull ffor them, or any of them, having struck whale, 
dubertus, or other greate flish, itt or them, to pursue unto 
any parte of that coaste, and into any bay, river, cove, 
creeke or shoare, belonging thereto, and itt or them, vpon 
the sayd coaste, or in the sayd bay, river, cove, creeke or 
shoare, belonging thereto, to kill and order for the best 
advantage, without molestation, they makeing noe wilfull 
waste or spoyle, any thinge in these presents conteyned, 
or any other matter or thing, to the contrary notwith- 



AND PROVIDENCE PLANTATIONS. 1 

standing. And further alsoe, wee are gratiously pleased, 1664. 
and doc hereby declare, that if any of the inhabitants of ^-^-v-* 
oure sayd Collony doe sett upon the plantinge of vine- 
yards (the soyle and clymate both seemeing naturally to 
concurr to the production of wynes), or bee industrious in 
the discovery of ffishing banks, in or about the sayd Col- 
lony, wee will, ffrom tyme to tyme, give and allow all due 
and fitting encouragement therein, as to others in cases of 
lyke nature. And further, of oure more ample grace, 
certayne knowledge, and meere motion, wee have given 
and graunted, and by these presents, ffor vs, oure heires 
and successours, doe give and graunt vnto the sayd Gov- 
ernour and Company of the English Collony of Rhode- 
Island and Providence Plantations, in the Narragansett 
Bay, in New-England in America, and to every inhabitant 
there, and to every person and persons trading thither, 
and to every such person or persons as are or shall bee 
ffree of the sayd Collony, full power and authority, from 
tyme to tyme, and att all tymes hereafter, to take, shipp, 
transport and carry away, out of any of our realmes and 
dominions, for and towards the plantation and defence of 
the sayd Collony, such and soe many of oure loveing sub- 
jects and strangers as shall or will willingly accompany 
them in and to their sayd Collony and Plantation ; except 
such person or persons as are or shall be therein restrained 
by vs, oure heires and successours, or any law or statute 
of this realme : and alsoe to shipp and transport all and 
all manner of goods, chattels, merchandizes, and other 
things whatsoever, that are or shall bee vsefull or necessary 
ffor the sayd Plantations, and defence thereof, and vsual- 
ly transported, and nott prohibited by any lawe or statute 
of this our realme ; yielding and paying vnto vs, our 
heires and successours, such the duties, customes and sub- 
sidies, as are or ought to bee payd or payable for the 
same. And ffurther, our will and pleasure is, and wee 
doe, ffor us, our heires and successours, ordeyn, declare 
and graunt, vnto the sayd Grovernour and Company, and 

VOL. II. 2 



18 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. their successoiirs, that all and every the subjects of vs, 
^-*^^-"*^ our heires and successours, which are already planted and 
settled within our sayd Collony of Providence Plantations, 
or which shall hereafter goe to inhabit within the sayd 
Collony, and all and every of theire children, w^hich have 
byn borne there, or which shall happen hereafter to bee 
borne there, or on the sea, goeing thither, or retourneing 
from thence, shall have and enjoye all libertyes and im- 
munityes of fFree and naturall subjects within any the do- 
minions of vs, our heires or successours, to all intents, con- 
structions and purposes, whatsoever, as if they, and every 
of them, were borne within the realme of England. And 
ffurther, know ye, that wee, of our more abundant grace, 
certain knowledge and meere motion, have given, graunt- 
ed and confirmed, and, by these presents, for vs, our 
heires and successours, doe give, graunt and confirme, 
vnto the sayd Governour and Company, and theire suc- 
cessours, all that parte of our dominiones in New-Eng- 
land, in America, conteyneing the Nahantick and Nanhy- 
ganset Bay, and countryes and partes adjacent, bounded 
on the west, or westerly, to the middle or channel of a 
river there, commonly called and known by the name of 
Pawcatuck, alias Pawcawtuck river, and soe along the 
sayd river, as the greater or middle streame thereof 
reacheth or lyes vpp into the north countrye, northward, 
unto the head thereof, and from thence, by a streight lyne 
drawne due north, vntill itt meets with the south lyne of 
the Massachusetts Collonie ; and on the north, or north- 
erly, by the aforesayd south or southerly lyne of the Mas- 
sachusette*s Collony or Plantation, and extending towards 
the east, or eastwardly, three English miles to the east and 
north-east of the most eastern and north-eastern parts of the 
aforesayd Narragansett Bay, as the sayd bay lyeth or ex- 
tendeth itself from the ocean on the south, or southward- 
ly, vnto the mouth of the river which runneth towards the 
towne of Providence, and from thence along the eastward- 
ly side or banke of the sayd river (higher called by the 



AND PROVIDENCE PLANTATIONS. 19 

name of Seaciinck river), vp to the ffalls called Patuckett 1664. 
ffalls, being the most westwardly lyne of Plymouth Col- ^-<»-^'-^^ 
lony, and soe from the sayd ffalls, in a streight lyne, due 
north, untill itt meete with the aforesayd lyne of the Mas- 
sachusetts Collony ; and bounded on the south by the 
ocean : and, in particular, the lands belonging to the 
townes of Providence, Pawtuxet, Warwicke, Misquam- 
macok, alias Pawcatuck, and the rest vpon the maine 
land in the tract aforesayd, together with Ehode-Island, 
Blocke-Island, and all the rest of the islands and banks in 
the Narragansett Bay, and bordering vpon the coast of 
the tract aforesayd (Ffisher's Island only excepted), to- 
gether with all firme lands, soyles, grounds, havens, ports, 
rivers, waters, fiishings, mines royall, and all other mynes, 
mineralls, precious stones, quarries, woods, wood-grounds, 
rocks, slates, and all and singular other commodities, ju- 
risdictions, royalties, priviledges, franchises, prehemi- 
nences and hereditaments, whatsoever, within the sayd 
tract, bounds, landes, and islands, aforesayd, or to them 
or any of them belonging, or in any wise appertaining : 
to have and to hold the same, vnto the sayd Governour 
and Company, and their successours, forever, vpon trust, 
for the vse and benefitt of themselves and their associates, 
ffreernen of the sayd Collony, their heires and assignes, 
to be holden of vs, our heires and successours, as of the 
Mannor of East- Greenwich, in our county of Kent, in free 
and common soccage, and not in capite, nor by knight 
service ; yeilding and paying therefor, to vs, our heires 
and successours, only the fifth part of all the oare of gold 
and silver which, from tyme to tyme, and att all tymes 
hereafter, shall bee there gotten, had or obtained, in lieu 
and satisfaction of all services, duties, ffynes, forfeitures, 
made or to be made, claimes and demands, whatsoever, to 
bee to vs, our heires or successours, therefor or thereout 
rendered, made or paid ; any graunt, or clause in a late 
graunt, to the Governour and Company of Connecticutt 
Collony, in America, to the contrary thereof in any wise 



20 KECORDS OF THE COLONY OF RHODE ISLAND, 

1664. notwithstanding ; tlie aforesayd Pawcatuck river haveing 
--»^v-^*^ bjn yeilded, after much debate, for the fixed and certain 
boundes betweene these our sayd Collonies, by the agents 
thereof ; whoe have alsoe agreed, that the sayd Pawca- 
tuck river shall bee alsoe called alias Norrogansett or Nar- 
rogansett river ; and, to prevent future disputes, that 
otherwise might arise thereby, forever hereafter shall bee 
construed, deemed and taken to bee the Narragansett river 
in our late graunt to Connecticutt CoUony mentioned as 
the easterly bounds of that Collony. "^n^ furt!)cr, our 
will and pleasure is, that in all matters of publique con- 
troversy which may fall out betweene our Collony of 
Providence Plantations, and the rest of our CoUonies in 
New-England, itt shall and may bee lav^^full to and for the 
Governour and Company of the sayd Collony of Provi- 
dence Plantations to make their appeales therein to vs, our 
heirs and successours, for redresse in such cases, within 
this our realme of England : and that itt shall bee lawfull 
to and for the inhabitants of the sayd Collony of Provi- 
dence Plantations, without let or molestation, to passe and 
repasse with freedome, into and thorough the rest of the 
English Collonies, vpon their lawfull and civill occasions, 
and to converse, and hold commerce and trade, with such 
of the inhabitants of our other English Collonies as shall 
bee willing to admitt them therunto, they behaveing 
themselves peaceably among them ; any act, clause or 
sentence, in any of the sayd Collonies provided, or that 
shall bee provided, to the contrary in anywise notwith- 
standing, ^ui) lastln, voce i)0€, for vs, our heires and suc- 
cessours, ordeyne and graunt vnto the sayd Governor and 
Company, and their successours, and by these presents, 
that these our letters patent shall be firme, good, effectuall 
and available in all things in the lawe, to all intents, con- 
structions and purposes whatsoever, according to our true 
intent and meaning hereinbefore declared ; and shall 
bee construed, reputed and adjudged in all cases most fa- 
vourably on the behalfe, and for the benefitt and behoofe, 



AND PROVIDENCE PLANTATIONS. 21 

of tlie sayd Governor and Company, and their successours ; 1664. 
although ci'|jrc53 mention of the true yearly value or cer- '^-^'^^^^-^ 
tainty of the premises, or any of them, or of any other 
gifts or graunts by vs, or by any of our progenitors or pre- 
decessors, heretofore made to the sayd Governor and Com- 
pany of the English Collony of Rhode-Island and Provi- 
dence Plantations, in the Narragansett Bay, New-England, 
in America, in these presents is not made, or any statute, 
act, ordinance, provision, proclamation or restriction, 
heretofore had, made, enacted, ordeyned or provided, or 
any other matter, cause or thing whatsoever, to the con- 
trary thereof in anywise notwithstanding. Jn toitues 
whereof, wee have caused these our letters to bee made 
patent. llVitncs ourself att Westminster, the eighth day of 
July, in the ffifteenth year of our reigne. 

% the King: HOWARD. 



22 



RECORDS OF THE COLONY OF RHODE ISLAND. 



1664. 



EHODE ISLAND EECORDS 



The Proceedings of the General Assembly sitting at New- 
port, March the first, 16G3, 64. The names of the Mag- 
istrates and Deput yes foil owes. 

Mr. Benedict Arnold, Governor. 

Mr. William Brenton, Deputy Governor. 



ASSISTANTS. 



Mr. William Feild, 
Mr. Thomas Olneye, 
Mr. Roger Williams, 
Mr. William Balston, 
Mr. John Porter, 



Mr. John Coggeshall, 
Mr. Joseph Clarke, 
Mr. James Barker, 
Mr. John Greene, 
Mr. Randall Howlden. 



DEPUTIES. 



Mr. Arthur Fenner, 
Mr. Thomas Harris, Sen'r, 
Mr. Zachary Rhodes, 
Mr. John Browne, 
Lieut. John Albro, 
Mr. John Tripp, 
Mr. Lot Strange, 
Mr. John Sanford, 
Mr. John Card, 



Mr. Richard Tew, 
Capt. John Cranston, 
Mr. William Dyer, 
Mr. John Gould, 
Mr. Caleb Carr, 
Mr. Samuel Gorton, 
Mr. John Wickes, 
Mr. Randall Howlden, 
Mr. Edmund Calverly. 



be^r^dtra-" Tho Govomor, Deputy Governor and Assistants, toge- 

his'ab°en^e thcr with the deputies chosen by the Townes, being 

Govtrnor, assomblcd together lawfully, according to order of the 

Councill and warrant from the Governor, &c., doe vnani- 

mously declare, That the Governor, and in his absence the 

deputy Governor, is Moderator or Speaker of this Assem- 



AND PROVIDENCE PLANTATIONS. 23 

bly, in order to the proposing, ajetating and concluding a 1664. 
futuer way and forme for the managing of manner of, and --•^-■-■^'^ 
proceeding in those Courts that are the General Assembly 
of the Collony, that soe ther transactions may be regulat- 
ed and manedged according to the true intent of the Char- 
ter granted to this Collony by our Soveraighn lord the 
King, &c. : and the sayd Governor, or in his absence, the 
deputy Governor is soe to be Moderator, and vntill vpon 
reading and considering of the Charter, the Assembly 
shall see cause to declare and order a certayne way for 
futuer in that respect. 

Att the Gemrall Assembly sitting at Newport, for the Col- 
lony of Rhode Island and Providence Plantations, Sfc, 
March 1, 1663, 64 ; and in the sixteenth yeare of the 
rayne of our Soveraigne Lord the King, 8^'C. 

The Generall Assembly being mett in obediance vnto, ^^■^o^^^^.^j^f^'- 
and in order for the putting in actual practices according- pralfuce'the 
ly, those pertickelars. contayned in the Royall pattentofthechar- 
granted to vs by our Sovereign Lord the King Charles the 
Second of England, Scotland, France and Ireland, and do- 
minions and territoryes therevnto belonging, &c. This 
being in regard of the season of the yeare, the soonest 
time the Assembly could meet since the sayd pattent 
came ; and finding that by the care of the Governor, 
deputy Governor and Councill, ingaged that in this first 
past intervall the Government hath bene kept in such a 
forme as hath bene correspondant to the sayd Charter, and 
as necessary to the keeping good order accordingly in the 
Collony hethervnto. Now wee, being by the same good 
hand of Providence and gratious favour of our Lord the 
King, and by the care and call of the Governor and 
Councill aforesayd, assembled togeher, and haveing scene 
and heard, and well considered the contents of the sayd 
most ample Charter and grant, doe vnanimously agree, 
conclude and ordayne, that it be recorded in the forefront 



24 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. of our transactions, our humble thanks vnto his most Roy- 
'-^"^'"'^^ all and gratious Majestye our saycl Soveraigne Lord the 
King. And hearby desiring, ordering and resoulving 
that it be recorded to and for posteryty, that as with loyall 
minds wee of the sayd Collony, and every free inhabit- 
ant or member therof, have made our humble addresses 
vnto his sayd Majestye by our faythfull and most w^orthy 
agent, Mr. John Clarke, of Newport, abovesayd, for the 
Faithful! ai-'^-^^^a'^ favour vnto vs, even so e with the same loyall, 
nrom'isid to humblo aud sinceare hearts : wee doe for our selves and 
ajesye.^^ tho uamo of all the members that are or shall be admit- 
ted into this Collony company, and corporation as freemen 
of the same : declare and record our faythfull allegiance 
for ever to be proposed and performed vnto his sayd Maj- 
estye, his heires and successors accordingly. And in or- 
der therevnto, and in obedience to his sayd Majestyes gra- 
tious commands in the sayd Charter granted to this sayd 
Collony, wherein are nominated Roger Williams, William 
Baulston, William Coddington, Samuell Gorton and oth- 
ers, more and wherein with them soe nominated, ther are 
included and equally oblidged, invested and priviledged, 
all and even the freemen : although not pertickelarly 
named, who either allredy are, or hereafter shall be ad- 
mitted and accepted member or members of this Compa- 
ny, Corporation and Collony : even in such mesuer, 
manner and order as is more pertickelarly and at large 
contayned, expressed and declared in his sayd Majestyes 
most Royall letters pattents afore premised. And for the 
well ordering of those Assemblyes and all other Courts, 
matters and thinges, even by and according to the power 
and priviledges in the sayd Charter given and granted vn- 
The Record- to tlils sayd Couipauy, &c., wee doe ordayne, declare and 
the Charter. gj^g^(>|.g ^^ foUoeth, accordliigly. 

Ordered, That the Recorder be desiered to atend this 
The^ Charter Court, to Carry and recarry the Charter to this Court for 
ther pervseall, while this Assembly see cause. 
Ordered by the Court, that the Charter be read. 



AND PROVIDENCE PLANTATIONS. ^D 

Ordered, That ther be notice given to all that are neare 1664. 
and atending, [that they] may come into Court to heare ^-^"^--^^ 
the Charter read. 

Ordered, That ther he one Assistant chosen by this As- ^f^;^^^^"^^^^" 
sembly to siiply the roome of U\\ John Smith, of War- llT^ut.^" 
wick, who is deceased. 

Mr. Randall Ilowlden chosen Assistant. 

Ordered, That Mr. John Clarke's letter, sent with the 
Charter, be read in this Assembly. 

Ordered, That the Generall Assembly doe chose ther ^^^^^^^^^^^'^^^^ 
Speaker once every time of ther meeting, which shall con-^jodemor." 
tinue for the whole Court. 

The Governor chosen Speaker, or in his absence, the ^^!'^j*;^'^y,^''°- 
deputy Governor for this presant sessiones. 

Voted, That Mr. Roger Williams be recjuested to trans- 
cribe the Charter. 

Ordered, That the Governor, Mr. Greene, Mr. San- 
ford and Mr. Card be desiered to draw vp their thoughts 
concerning a preface or prolovgue to the proceedings of 
this presant Court. 

Ther being an order that all that did not apeare atnnesre- 

° ^ mitted. 

eight of the clock weare to pay twelve pence per man, 
but vpon consideration that Mr. Benedict Arnold, Mr. 
John Card, Mr. John Green and Mr. John Sanford weare 
imployed as a committee on the Court's business and 
therby have brocken the law, yett the Court sees cause to 
remitt the fine. 

The Court having taken into consideration the way for The way foi- 

_. "^ calling 

calling Courts, how they shall be called, both for those ^°"'^- 
that are alredy fixed in the Charter, or shall be concluded 
by this Assembly ; the Court doe order that the Generall 
Sargant shall make his addresses to the Governor, or in 
his absence, to the deputy Governor, at least thirtye dayes 
before the times that those Courts are to be held, to re- 
quest and desier him to grant forth warrants to him, that 
from the same, hee may be impowered to send forth his 
warrants to the severall townes : which hee shall be in- 



20 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. gaged to doe, that the townes may have them at least ten 
"-"^^^^^"-^ dayes before the severall times that are appointed for keep- 
inge Courts : but if ther shall be any necessity presented 
to the Governor in his absence, to the deputye Governor 
to call a Court, it shall be lawfull for them to call a Court, 
tho the warrant goes not forth soe long before the sayd 
Court as is before prefixed ; but in case the place of Gov- 
ernor and deputye Governor be vacant by death or other- 
wise, by being removed out of the CoUony that they can- 
not performe ther trust, it shall be lawfull for any two of 
the Assistants to call a Generall Assembly, that soe ther 
places may be suplyed, which Court cannot proceed to 
any other ajetations vntill ther places be suplyed by a new 
choyce, and the parsons soe chosen be ingaged to stand in 
ther absence as aforesayd. 
How many I^ Is ordcrcd. That ther shall be two Generall Courts of 
Triln'in^he Triall held in a yeare in this Collony ; the one to be held 
when.' the first iMunday next ensueing the first Wensday in May, 
anually ; the other to be held the last Wensday save one 
in October, anually ; and those Courts are to be held in 
Newport on the dayes aforesayd, wher shall sitt the Gov- 
ernor, deputy Governor, or either of them, and sixe of the 
Assistants at least ; and the aforesayd Court in May not 
to take place for this yeare ensueing, but the first Court of 
Trialles to be held in May, is to be held in the yeare 
16G5. 
^.^^^^ It is ordered. That there is liberty granted for a speciall 

ppeciaii ^°' Court or Courts from time to time as vrgant occation shall 
present, to be held in Newport for marchants and seamen, 
or any other who shall desier it of the Governor, or in his 
absence the deputy Governor, shewing them suficient 
cause for the calling of such a Court ; and the sayd Court- 
is to be called and sitt within three dayes time, if it may 
bee, by vertue of a warrant from the Governor, or in his 
absence, from the deputy Governor ; directed to the Gen- 
erall Sargant or Sheriff: in which Court shall sitt the 
Governor, the deputy Governor, or either of them, and 



AND PROVIDENCE PLANTATIONS. 27 

three Assistants at least ; whereof, at least one of the As- 1664. 
sistants, shall be one dwelling in one of the other Townes ; ^-"'--^^'^ 
and in which Court ther shall be twelve able jury men 
called in and warned by the Generall Sargant, or Sheriffe, 
who shall be impowered therto, by the aforesayd warrant 
from the Governor, or deputy Governor. And further, it 
is ordered, that the parson that desiereth such a Court, 
shall, before it be granted, pay downe or ingage to be 
payed vnto the Governor, or deputye Governor, the sume 
of five pound starling, or lese, as the Governor or deputy 
Governor shall judge meet ; as alsoe hee shall pay other 
cost concearning the triall. 

It is ordered and inacted by this Assembly, That wher- f;«j'«^""'' 
as ther are severall lawes extant amongst our former 
lawes inconsistant with the presant Government, as hould- 
ing of Courts of Commistions, and repealing of the acts of 
the Generall Assemblyes by votings in town meetings ; 
together with severall other of licke natuer, which are 
contradictory to the forme of the presant government, 
erected by his Majestyes gratious letters pattent, that all 
such law^es be declared null and voyd, and that all other 
lawes be of force vntill some other course be taken by a 
Generall Assembly for better provition hearin : and fur- 
ther, wee declare, that all obligations formerly taken to 
the Court of Trialles to be houlden in Newport, the sec- 
ond Tusday of this instant, March, be of full force and 
vertue to make each parson responsible to the sayd 
Court. 

It is ordered, That each towne is impowered to apoynt Power to 

choose t-- 

a day for election of ther towne officers, and to elect as to officers. 
chouse Towne Counsell men, soe many as to make vp sixe 
with the Assistants of each towne, as alsoe Clarke, Tresu- 
rer. Constable and Sargant ; and that the sayd ofQcers 
shall receive ther ingagement from one of the Assistants. 

It is ordered. That the towne of Newport shall provide 
five grand jury men, and five petty juriouers for the appoint- 
ed Generall Courts of Trialles. Portsmouth shall provide 



choose towia 



28 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1664. three of each ; Providence shall provide two of each ; 
^^-*''"^''"*^ and Warwick two of each, any law to the contrary for- 

How many 'J j 

iach^wne ^^^^7 ^'1^6 notwithstanding, 

shall provide j^ -^ ordered, That any one of the Assistants who is 
nearest the place occation shall present, shall performe the 
office of a Coroner. 
Seel"' Ordered, That the townes in this Collony shall take 
townes. precedency in nomination and place, even as they are 
nominated [that is], to say: Newport first; Providence 
next ; Portsmouth next ; and Warwick next ; and that 
from and after the Court of Election in May next, the 
magistrates of each, the sayd townes, shall accordingly 
take ther places in all Courts wher they shall bee occa- 
sioned to sitt ; only, it is declared, that for the presant, 
and vntil the sayd next Court of Election, and till the 
magistrates are nev/ chosen and ingaged, that Assistants 
nominated in the Charter by the King's Majestye, are to 
take ther places as they are nominated, in order there 
(only till the next election as aforesayd), to witt : William 
Baulston first, John Porter, or hec that suplyes his place 
for the presant as aforesayd next, and Roger Williams 
next ; and next in order Thomas Olnye and Randall 
Howldon, who suplyes John Smith's roome next ; and 
then next, John Greene, John Coggeshall, James Barker, 
William Feild and Joseph Clarke, in order, one after the 
other, as before named, protemporay as aforesayd. 
The con- Ordcrcd, That all the acts of the Councill that have ben 
fhTcounse°iread in this Court concearning towne meetings, towne 
counsell, power, excetera, shall stand in full force and 
power, by the authority of this Assembly, vntill further order. 
Ordered by this presant Assembly, That wheras ther is 
a doubt arisen concerning the extent meaning of that clawse 

The resolve C3 o 

qSesVo^n ii^ ^^G charter concerning the election of the Governor, 

power o^f^ deputy Governor and Assistants for this Collony ; whether 

the power of election remaynes in the freemen of the sayd 

Collony, or as many of them as shall be present at the 

sayd election, though not either magistrates or deputy es 



AND PROVIDENCE PLANTATIONS. 29 

election by the townes ; yett, whether as aforesayd, they 1G64. 
have the liberty of voteing in the sayd election, or wheth- '-««'-^'-^**-^ 
er it be onlye in the power and liberty of the Generall As- 
sembly, ■ consisting of magistrates and of the deputyes 
elected for the townes, to choose or elect the foresayd 
chiefe officers. It is resolved vpon the question, by this 
pre sant Assembly, That seeing ther cannot be for the pre- 
sant a more expresse or finall agreement betwixt the mem- 
bers of the Court vnanimously, concearning the query, 
that therefore for apresant remedye or expediante hearin, 
it be declared, that in case nothing to the contrary come 
from England before the next Court that may invalid this 
present resolve, the freemen have liberty, as many of them 
as please, to take notice of the time and place of the sayd 
election in May next, and be personally there presant, to 
vote in the choyce of election of the sayd cheife officers, 
with this caution and provisoe ; that all futuer elections 
be made according to what expresse advise wee may have 
from our agent in England or otherwise, clearly expressing 
his Majestyes Koyall intention in the soe premised per- 
tickelar concearning the parsons in whom the power eme- 
diately to elect doth rest, or remayne ; whether in the 
whole body of freemen, or in their representatives the 
Generall Assembly as aforesayd premised. 

It being evident to this Court, that the authority for- 
merly committed vnto this Collony, and now agayne re- 
newed, confirmed, and established by his Majestye, that 
now is his gratyous letters pattent, is in a degree of high 
contempt undervalued by cartayne parsons, who, against 
the exprese mind and will of the Collony, have intruded 
and indevered to possesse themselves, even in the heart of 
this jurisdiction, at Narragansett, and places adjoineing 
there vnto, and ther takeing vpon themselves a kind of 
government and jurisdiction contrary to the honor of his 
Majestye's crowne and dignitye, as the government as 
above hear established, &g. 

It is therefore enacted by the authority of this Courtj 




30 RECORDS OF THE COLONY OP RHODE ISLAND, 

1664. that all such intruders (to witt), Edward Hutchenson, 
William Hudson, Amos Richardson, and any other with 
them, joyning and to them adhearing in such intrusions, 
as they are knowne or may be found, be summoned to 
apeare at the Generall Assembly, to be held for the Col- 
lony, the first Wensday in the month of May, now next 
ensueing, ther to give an account of those intrusiones : as 
alsoe, that noe parson or parsones on any pretence or pre- 
tences not alredy soe possessed, in any part of the Collo- 
ny, shall presume into this Collony to come there to settle, 
build or inhabite, without exprese leave first had and ob- 
tayned from the Generall Assembly, or by vertue of ther 
authority ; and that, vpon penalty of being taken and 
imprisoned for such ther contempt, [they shall be] 
fined therefor at the pleasuer of the Generall Assembly 
of this Collony : And it is alsoe declared, that warrants 
from the Governor and deputye Governor shall be suficient, 
in the matters aforesayd, either to summones in the one 
sort, or to aprehend the second sort, vpon complaint to 
them made of such intrutiones ; or in case that the occa- 
tiones come to the knowledge of any of the Assistants of 
the Collony, before it come to the Governor, and deputy 
Governor, the warrant vnder the hands of any two of the 
sayd Assistants shall be authentick for apprehending such 
new come intrueders, and for imprisoning them as they 
see cause ; and this to be of force till the General Assem- 
bly shall farther provision make in the premises. 
Two men Vpou tho consideratiou of the proposalles that have 
treat with bene made betweene this Collony and the Collony of the 
Massatusitts, concearning the issuing of the differances 
that of late hath fallen out betweene them ; the Court doe 
apoynt Mr. Randall Howldon and Joseph Torrey to treat 
with them, if they send according to what is expected 
from them : and for the instructiones in the case, it is left 
with the Governor, deputy Governor and Assistants of the 
Island, to draw them vp and committ vnto them. 

It is ordered by this Assembly that two Courts of Triall 



AND PJIOVIDENCE PLANTATIONS. 31 

in the yeare be held vpon the mayne at Providence and 1664. 
Warwick, for the trial! of any actionall matter to the val- ---«----"*-' 

' '' The way 

ue of, and vnder ten pounds, principall dept or damedge ; ^^^^^^^^^'^/t^ 
and noe action to be layd for more than double the prin- fieifceTnd 
cipall ; and the sayd Courts to bee held, the first at 
Providence, the second Tusday in September ; the other 
at Warwick, the second Tusday in March, anually : and 
the sayd Courts not to sitt w^ithout three Assistants at 
least ; and that ther shall be at Providence Court, at least 
one Assistant of Warwick ; and at Warwick Court at least 
one Assistant of Providence, to sitt in the sayd Courts : 
Forthermore, when the Court is held at Providence, the 
Assistant first elected of that towne, shall sitt judge of that 
Court ; and at Warwicke, the Assistant first elected, to sitt 
judge of that Court : the Clarke of the tow^ne of Providence 
to grant forth all writts, executiones, and all matters that 
concearnes a Clarke of that Court throughout either of the 
two sayd townes jarisdictiones or claimes of land: as alsoe 
the Clarke of Warwicke shall, in lycke manner grant forth 
all writts that concearns the Court aforesayd, in March, 
together with exicutiones and other matters that con- 
cearnes a Court of that natuer : and the Sargant of each 
towne to attend in ther respective townes in licke manner 
as the Clarkes, and that the exicutiones granted from 
either of these Courts may be searved throughout any part 
of the mayne within this Collony ; and that each of the 
townes provide sixe jurymen against the sayd Courts ; and 
in case they fiiyle of apearing to bee made vp in the towne 
wher the Court is held, and those that are absent fined 
tenn shillings or vnder, at the discretion of the Courts : 
Forthermore, all manner of fees to be halfe soe much as 
the generall fees, and that any one of the Assistants may 
grant an apeale vpon substantial! matter, error, or ataynt, 
the cost of Court being payd ; and for that end exicution 
not to goe forth vntill ten dayes after the Court, and fo 
hold the sayd Courts accordinge to the lawes that are or 



32 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. shall be established in this CoUony ; and all these orders 
to be of force vntill farther order. 

It is ordered, in answer to Warwick men bill concearning 
Pumham, that the Honored Governor and deputy Govern- 
or doe writt to Ptimhame aforesaid, to signifie to him that 
hee is in this Collonye jurisdiction ; and that hee take 
some spedye course to issue the differance betwext the 
men of Warwick and himselfe concearninge lauds, &c.: or 
else that hee may expect that vpon a legall triall, the 
Courts of this Colony are resoulved to doe justice in the 
premises. 
me^ungs Ordered, That all the acts of the Counsell that have 

counc°e^ro:-been read in this Court concearning Towne Meettings, 

ders, owned. 

Towne Counsells power, &c., shall stand in full force and 
power by the authority of this Assembly vntill farther 
order. 
Theseaieof Ordered, That for the presant, the old Seale that hath 

the Colony. ' •'• ' 

ben the Seale of the Collony, shall be the presant Seale of 
the Collony, to be fixed to any commission that may be 
granted forth, or on any matters of publicke concearnment, 
and that with what conveniant speed that may bee, a new 
Seale be procured. 

Resoulved by this Assembly, That the Governor and 
deputy Governor be desired to send to Block Hand to de- 
clare vnto our frends the inhabitants therof, that they are 
vnder our care, and that they admitt not of any other to 
beare rule over them -but the power of this Collony : and 
that James Sands, who is a freeman of this Collony, come 
in to the Governor or deputy Governor, to take his ingage- 
ment as Constable, or Conservater of the peace theare ; 
and that the most able and desearving men are warned in 
to the next Court in May, to be informed of ther pre vi- 
le dge, and such to be free made of the Collony. 

Vpon the consideration of James Badcocke's petition, 
tlie Court dae request the Governor and deputye Governor 
conecticutt. ^^ consider of his motion therin, and send a letter to the 



The Gov'r & 
Deputy 
Gov'r to 
send to 
Block Island 



The Gov' 
Deputy 
Gov'r to 
send to 



AND PROVIDENCE PLANTATIONS. DO 

government of Conneticott, to see what they will say by 1664. 
way of answer to such riotous actings as are done and ^--'--^^■^*^ 
committed by the men of Southertowne against the sayd 
Badcocke ; as alsoe to indever a loving concorance with 
them, and to informe them that wee intend to rune our 
westerly line shortly, therby to see whether they will com- 
ply with vs. 

Voted, That John Wood's petition shall be read in 
Court. 

Vpon the consideration of the wayght of the petition, 
and the circomstances about it, the Court waves the con- 
sideration of it vntill the next Generall Assembly, and the 
sayd Wood to make probation of the matters in his sayd 
petition heare presented. 

Wheras the Court have taken notice of the great bles- capt. cran. 



ston licenc- 



sing of God on the good endevers of Captayne John Cran- "'^ ^* ^""^ 



of Phissick 
Chirurgcry. 



ston of Newport, both in phissicke and chirurgery, to the 
great comfort of such as have had occation to improve 
his skill and practice, &c. The Court doe therfore vnani- 
mously enacte and declare that the said Captayne John 
Cranston is lycenced and commistioned to adminester 
phissicke, and practice chirurgery throughout this whole 
Collony, and is by this Court styled and recorded Doctor 
of phissick and chirrurgery, by the athority of this the 
Generall Assembly of this Collony. 

Wheras the Governor, deputy Governor, and ten As- how many 
sistants, making twelve in number, are anually to be for each**" 

*^ towne. 

chosen in and for this Collony : 

It is ordered. That for the futuer and vntill farther or- 
der, five of the sayd twelve shall be chosen of men inhab- 
iting in' Newport, three of the sayd twelve, of Providence ; 
two of the sayd twelve ^ of Portsmouth ; and two of the 
sayd twelve, of Warwick. 

It is further ordered, That at the Court of Election, in 
case any one of the Deputy es should be chosen into the 
office of Governor, Deputy Governor or Assistants, that it 

VOL. IT. 3 



34 EECORDS OF THE COLONY OF RHODE ISLAND, 

1664. shall be lawfuU for such officer soe left out, to serve in the 
'^^^^■'^^ roome of the deputy chosen for that presaut Court. 

Letter from the Governor and Deputy Governor of Rhode 
Island to the Governor of Connecticut. 

Much Honoured and Highly esteemed Sir : 

After our hearty love and respects to yourself and 
yours presented, please you to understand, that upon sev- 
erall complaints and petitions that have formerly bene pre- 
sented unto us, and now lately unto our Generall Assem- 
bly, of many irregular actions that have been practised by 
severall of our neighbour collonies, to y^ terrour, damage 
and ruination of the complaynants, as they present y*' 
same, notwithstanding the endeavours of y"" government 
here to prevent the same. And seeing time will not per- 
mit to instance all passages and matters of such com- 
plaints, shall only touch at y'' late outrage committed (as 
by testimony appears) by y° men of y® Plantation (by Mas- 
sachusetts called Southertowne), on the west side of Paw- 
catuck, alias Narrogansett River ; who to the number of 
twenty or more,, came over y'' sayd river into this Collony 
and there assaulted, and by vyolence brake open an Eng- 
lish house and thereout hauled one of his Majestyes sub- 
jects, to y^ great affrightment of y"" women and children y* 
were in y" house, not to mention one other woman there 
lately dead, who had been by the like measures, as she af- 
firmed, affrighted, &c.; as more will besayd in season ; 
and having soe hauled the man out of the house, y*" sayd 
men carry d him over the River as a captive, &c. Sir, 
wee being clearly ascertayned that those men are in y'' ju- 
risdiction of Quonecticott, being on y® west side of y'' fore- 
sayd river, and believing the sayd government doe abhor 
such practices, and [will not] countenance the same, doe 
therefore in behalfe of our Collony, and by request of our 
Court, intreat you to stop such their proceeds of violence 
for ffuture, and to send us your resentment of their, y*" 



AND PROVIDENCE PLANTATIONS. 35 

saycl SoLithertowne -men's aforesayd outrage ; ffor doubt- 1664. 
lesse your wisdome assureth you that our allegence to his ^-^-v-**--' 
Majesty bindeth us to redresse such wrongs done unto his 
subjects in this jurisdiction, and to punish the offenders 
according to their demeritts, as we have it in our power to 
doe the same at any time. And thus, sir, having repre- 
sented the foresayd to you, we doe likewise present you 
with y® desires of our government, and particularly our 
owne affectionate desires, that a loving and friendlike cor- 
respondency may bee preserved and practised between you 
and us. That as it hath pleased his Majesty to joyne us 
together in scituation and nearnesse of bounds, soe wee 
may, as subjects to one and the same most gratious prince, 
live together, or by each other as loveing neighbours to y* 
end. And for preventing future occasions of contentions 
betweene yours and ours, cure Generall Assembly purpose 
and propose y^ the lyne may be run from the norther- 
most part of the foresayd river, up due north as our Char- 
ter expresseth, betweene your and our collonies ; and it is 
desired it may speedily bee done, and y' if you please 
some of your Collony may be there at y'' doeing of y' 
same, now in y*" moneth of May next ; wherefore our re- 
quest is, wee may heare from you as soon as conveniently 
you can [write], and y* if you please to send any one on 
y*" occasion aforesayd, you will please to apoint some cer- 
tayne day after the 25th of May next, to meete and run y° 
sayd lyne with ours ; in which, if wee have your desired 
concurrence as aforesayd, wee shall attend you ; otherwise 
there appears a necessity of our Collonies doeing it howev- 
er. Sir, our Collony are to assemble againe the first 
Wednesday in May now next coming, before which time 
we should bee very glad to receive your much wished for 
loveing returne, by some safe hand, hopeing y^ all occa- 
sions of discord may be prevented, or extinguished be- 
tweene us, that soe wee may as one man, live together in 
a mutuall way of supporting each other in our capacities. 
Soe hopeing your Honours' welfare, we take leave to sub- 



36 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. scribe ourselves your reall ffreincls and servants to our 
'^-^'^^^^^^ ability.* 

BENEDICT ARNOLD, Gov'r, 
WILLIAM BRENTON, Dept. Gov'r. 
Newport, March 10, 1663-64. 

To our much Honoured and Highly Esteemed 
fFriend John Winthrop, Esqr., Governour 
of Quonecticott, &c., and to the Councill 
or Assistants there. 



[As it was at this session of the Generall Assembly that the law which 
appears on the statute books of the Colony from 1719 to 1783, in relation 
"to the rights and privileges of his majesty's subjects within the Colo- 
ny," was enacted, it seems proper that some notice should be taken 
of it. 

This law, as it appears in the printed digests of 1719, 1751 and 17G7, 
reads " that all men professing Christianity, and of competent estates, 
and of civil conversation, who acknowledge, and are obedient to the civil 
magistrate, though of diiferent judgments in religious affairs (Eomau 
Catholics only excepted), shall be admitted freemen, and shall have lib- 
erty to chuse and be chosen officers in the Colony, both military and 
civil." 

In the original proceedings of the Generall Assembly for March, 1664, 
when this act ij said to have been passed, no such act appears, nor is it 
found in the proceedings of any subsequent session. The earliest collec- 
tion of the public laws in the archives of the State,, is a folio volume in 
manuscript, called the " Body of the Laws of the Colony of Ehode Is- 
land, from 1663 to 1705." This is all in the same handwriting, and was 
probably prepared in the year 1705, as the last act in it is one of that 
year. It is probably, also, the digest submitted by a committee especial- 
ly appointed for that purpose, as such a committee reported a digest, or 
collection of the public laws of that Colony in that year. The records 
between 1686 and 1704 show that committees, at various times, were ap- 
pointed " to have the laws of the Colony composed, extracted, altered, 
amended and drawn up into a better method and forme." 

The first act in this manuscript " Body of Laws," which was passed in 
1663, refers to the rights and privileges of the people, and reads after the 
preamble as follows. 

" That no person in this Colony shall be imprisoned or disseissed of his 
lands, or liberty, or be exiled [or any] otherwise molested or destroyed, 
but by the lawfull [judgjment of his Peers, or by some known law and 



* From the files of the Generall Court of Massachusetts. 



AND PROVIDENCE PLANTATIONS. 37 

[accord] hig to tlie letter of it by act made, ratified and confirmed by 1664. 
the Generall Assembly of this CoUony." -^.m-^-^^- 

This, it will be perceived, contains the precise words of the law in the 
code of 1647, omitting the words " lawful, met and orderly managed," 
which closes the paragraph (for which see the law at page 157, vol. I., 
of these records). The whole of this code of 1G47, with slight alterations, 
was subsequently adopted as the law of the Colony. There is no record 
evidence, therefore, that such an act as that which appears in the printed 
digests referred to, was ever enacted by the General Assembly. The 
long preamble, was doubtless added by the committee, as well as the 
words in the parenthesis excepting Roman Catholics from the rights and 
privileges of citizens, which was suffered to remain on the statute books 
until 1783, when the disqualification was removed. 

An act such as that in question, was totally at variance with the uni- 
form policy of the Colony from the beginning ; as well as with the ante- 
cedents of Roger Williams and the first settlers of the Colony, as will 
appear from the records, and their opinions regarding freedom of con- 
science and religious liberty whenever expressed. It cannot, therefore, 
be believed that any sect was excluded from their civil rights for their 
religious opinions. Again, it will be seen that among the proceedings of 
this session, the Generall Assembly deemed it their duty to signify his 
majesty's gracious pleasure, " that noe person within the Colony, at any 
time hereafter, shall be in any ways molested, punished, disquieted or 
called in question for any difference of opinion in matters of religion and 
do not actually disturb the civil peace of said Colony." These are but 
the repetition of the words in the Charter. It cannot, therefore, be sup- 
posed, that at a time when the colonists were exhibiting so much grati- 
tude for their Charter, when they particularly noticed the words above 
<]uoted, and expressed so decided an opinion in conformity with them, 
they should pass a law directly at variance therewith.] 



Proceedings of a Meetinge of the Generall Assembly, May 
the foiverth, 1664, at Newport. 

Benedict Arnold, Governor. 
William Brenton, Deputy Governor. 

ASSISTANTS. 

William Baulston, James Barker, 

John Sanford, William Feild, 

Randall Ho widen, Roger Williams, 

John Greene, Thomas Olnye, 

John Cogeshall, Joseph Clarke. 



38 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. DEPUTIES. 

'^^'-^^'^'-^ Captayne John Cranston, Steven Arnold, 

Richard Tew, Robert Hazard, 

John Gould, Thomas Cooke, 

John Easton, John Brigges, 

Caleb Carr, Thomas Brownell, 

Joseph Torrey, John Weekes, Sen'r, 

William Carpenter, Walter Todd, 

William Wickendon, Edmond Calverly, 

Arther Fenner, Richard Carder. 

The Governor chosen Moderator. 

Ordered by this Assembly, That all officers that former- 
ly have ben in the Collony besides the Governor, Deputy 
Governor and Assistants, shall be still continued in the 
Collony ; as Recorder, Sargant, Tresurer and Attorney, 
&c., vntill the new choyce be over. 

Ordered, That the free choyce shall be in the power of 
the freemen as well for the officers specified in the foresayd 
order, as for Governor, Deputy Governor and Assistants. 

Mr. Thomas Earl, Thomas Neccoles, Hugh Mosier and 
John Sheldon accepted free of the Collony. 

The Court adjourned for one ower vntill after dinner, 
and then to come and atend for to goe to the election. 

Benedict Arnold, chosen Governor, William Brenton, 
next. 

William Brenton, deputy Governor ; John Card, next. 

John Coggeshall, Assistant ; John Card, next. 

James Barker, Assistant ; John Card, next. 

Joseph Qlarke, Assistant ; John Card, next. 

William Feild, Assistant. 

Thomas Olnye, Assistant. 

Roger Williams, Assistant. 

William Baulston, Assistant. 

John Sanford, Assistant ; Samuell Wilbore, next. 




AND PROVIDENCE PLANTATIONS. 

Randall Howlclon, Assistant. 
Walter Todd, Assistant ; John Greene, next. 
Joseph Torrey, Recorder. 

James Rogers, Generall Sargant ; Richard Knight, 
next. 

John Coggeshall, Tresurer. 

John Easton, Atorney. 

Larrance Torner, Solissetor ; Samuell Hubberd, next. 

Benedict Arnold, as Governor, ingaged. 
William Brenton ingaged as deputy Governor. 
John Coggeshall ingaged as Assistant. 
James Barker ingaged as Assistant, 
Joseph Clarke ingaged as Assistant. 
William Feild ingaged as Assistant. 
Thomas Olnye ingaged as Assistant. 
Roger Williams ingaged as Assistant. 
William Baulston ingaged as Assistant. 
John Sanford ingaged as Assistant. 
Randall Howldon ingaged as Assistant. 
Walter Todd ingaged as Assistant. 
Joseph Torrey ingaged as Recorder.. 
James Rogers ingaged as Sargant. 
John Coggeshall ingaged as Tresurer. 

Ordered, That the afaires of the Court are adjourned, 
vuntill to morrow morning. 

May 5. 
The Governor chosen Moderator. 
The Court havino; seriously considered that there is voting by 

o ./ proxv. 

some inconvenianceyes vpon the freemen of the remote 
townes, as Providence and others in the Collony being dis- 
tant in sittuation from Newport, soe as they cannot gen- 
erally apeare parsonally to vote in the choyce of the Gov- 
ernor and rest of the officers, &c. : therefore it seems a kind 
of necessety to admitt of voting by proxy from such as are 



proxy. 



40 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. not present, or cannot conveniantly ther come ; it is there- 
-*'''^'^*»-' fore by this present Assembly recommended to the Gener- 
al Assembly that is to be in October next, and the sayd 
Assembly, vpon matuer consideration to give a full result 
and issue vpon the matter, and to order the manner and 
regulate the way of the giving in and sending such votes 
by proxy, if that be then determined the best expediant 
and way for election : that soe noe irregularity may be 
admitted in such a way of voting. 

Ther being a motion presented to this Court to know 
when John Hicks, Thomas Gould, John Wood, and Rich- 
ard Smith shall come to ther hearing : it is therefore or- 
dered, that Satterday morning bee appoynted to heare 
them and to determine in ther causes. 

Larrance Torner being by the vote of the people chosen 
Turner ex- ^^ ^^^ placc aud office of Gcnerall Solicetor, having consid- 
befngso°i^- ered of his insuficiences for the performance therof, as hee 
hath expresed to the Court by way of petition, the Court 
have, vpon the consideration of his request and the 
grounds therin expressed for his release, the Court doe 
acquit and discharge the sayd Torner from the aforesayd 
office. 

Vpon the consideration of the petition presented by Mr. 
^dWraw*' James Sands and Mr. Joseph Kent, inhabitants of Block 
thing'for Island, in the behalfe of themselves and the rest of ther 
assotiates, the Court doe apoynt Mr. Roger Williams, Mr. 
Thomas Olnye, and Joseph Torrey to draw vp ther 
thoughts to committ to the farther aprobation or correct- 
ing, as commissionating them in poynt of preservation of 
his Majesty es peace ther. 

Mr. Benedict Arnold being chosen Governor, Mr. John 
Officers take Co oi-fijeshall, Mr. James Barker, Mr. Joseph Clarke, Mr. 

their in- OD ' . 

gagemenis. William Fclld, Mr. Thomas Olnye, Assistants ; Joseph 
Torrey, Generall Recorder, James Rogers, Generall Sar- 
gant, John Coggeshall, Generall Tresurer, doe all to ther 
severall places and to ther severall offices, take ther in- 
gagement in open Court. 



AND TROVIDENCE PLANTATIONS. 41 

Ordered, Th<at Capt. George Baxter shall have thirty 1664. 
pound presantly for the twenty five pound that was for- ^-*'"^'''*-' 
merly ingaged, and his charges at and cominge from Bos-'«''^pf*y 
ton to the Hand. 

Ordered, That ther shall be payd from the severall ^^ovenw^^ 
townes of the Collony to the Governor and deputy Govern- payd/""" 
or, sixteene pounds to each of them, for ther paying each 
of them fifteene pounds to Capt. George Baxter, which is 
to cleare the Collony from their ingagement made to him 
when the Charter was read. 

Margrett Smith, wife of John Smith, living on Conon- |^^^jg;^^'^^ 
nicutt, being finned five pound by the last Court of Tri- '"'^'^'"''•^ 
alls, held in March, 1663, 64, and the sayd Margrett 
Smith having presented a petition to this Court for the 
Court's favor and mercy in the takeing of, or remitting 
the aforesayd fine. The Court vpon her petition doe re- 
mitt and pass by the fine. 

Ordered, That the Scale, with the mottoe Rhod Hand sea:e of the 

Colony. 

and Providence plantations, with the word Hope over the 
head of the Anker, is the presant Scale of the Collony. 

Ordered, That the Recorder shall have two shilline:s, The Record- 

o ' er's fee for 

six pence of every parson that desires the Seale to be|e"i°"''"' 
placed to any commission or certificate that hee doth fixe 
it to on ther request. 

Vpon consideration which of the prisoners shall be Thomas 

llumtord 

called first: ordered, That Thomas Mimiford shall be first ^°^^y^j;°^|^'„. 
heard. '""'^^'' ''" 

Vpon consideration and debate about Thomas Mumford 
and Enock Playce concearning ther release or continuance 
in bonds : it is ordered. That they shall be bound in the 
sume of one hundred pounds apiece, to be lyable to come 
forth vpon all occationes when duely called for, to speake 
farther to the matter concearning Timothy Mather, whome 
they accuse for speaking words of a very dishonorable na- 
tuer against his Majestye ; and the Court see cause to en- 
large them from prison in consideration of the voluntary, 
though somewhat late information consearning the sayd 



42 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. Timothy Mather's expressiones, conciveing that want of 
^-*"^^*«-' knowledge what to doe (as they aleadge), was the true 
cause of ther neglect in the premises. 

Ordered, That Joseph Kent, of Block Hand, shall be 
accepted a freeman, if he desier it, 

Joseph Kent accepted a freeman of this Collouy. 
Ordered, That John Garriardy's petition be refered vn- 
till the sayd John Garriardy shall apeare before the Court, 
farther to vnfold his intention in his sayd petition. 

Ordered, That these parsons (viz.) : John Wood, John 
John Wood, Hickes, Thomas Gould and Richard Smith, beinff at pres- 

&c., called " *• 

courr^' ant bound to this Court, the Court orders that they shall 
be called one by one before the Court. 

Ypon the long debate consearning John Wood, John 
John Wood, Hickes, Thomas Gould, and Richard Smith ; it is ordered, 

&c., to give 

bondorgoe That thcv shall be all called vp before the Court toc^ether, 

to prison. -I i o ' 

and this declared to them all ; that as one doth faire, or 
what the Court doth doe with one, they are resolved and 
must doe to all, as with respect to that which was pro- 
posed to them severally the last night, when called before 
the Court one by one, whether they would give bond or 
goe to prison. 

Vpon the request of Richard Smith, Thomas Gould, 
John Wood and John Hickes, that they might know ther 
the Court have determined that nothing shall 
be made knowne vnto them concearning what they are ac- 
cused of vntill they have declared themselves, which of the 
proposalls that are presented to them they will take. 

Vpon the consideration of the motion that have bene 
debated consearning Richard Smith and Thomas Gould, 
whether they will tender bond according as the Court hath 
proposed to them, the Court doe order that they be called 
and the ranswer knowne. 

Richard Smith and Thomas Gould being called, and be- 
ing informed of the Court's resolves ; doe both declare 
they are very free and well contented to give in bond and 



Their re- 
quest to 



The Courts 

resolves 

conserning 

the persons j.1 j. • 

abovesayd. to find surctycs for the performance oi the same ; that is 



AND PROVIDENCE PLANTATIONS. 43 

to say, that they will make ther personall apearance at the 1664. 
Generall Assembly that shall be holden for the CoUony in ^-^'^v-*.-' 
October, Anno Domi: 1665 ; except they be called by 
authority of this Collony, and doe apeare in the meane 
time, and soe are proceeded with as cause may apeare to 
release the sayd bonds, or otherwise to proceede : and that 
they will bee of goo^l behaviour in the mean time to all his 
Majestyes leage people in this jurisdiction ; and if at any 
time, they have occation to goe out of the Collony bounds, 
they will returne from time to time within one month from 
other jurisdictiones into this Collony agayne, except wind 
and wether, sicknes, or some other crosse befall and hin- 
der ther returne in such time ; and however that in case 
of life and abihty of body they will appeare at the Court 
above mentioned, except as aforesayd they be cleared be- 
fore of the sayd bonds by authority aforesayd. 

AUsoe John Hickes and John Wood petitioned the 
Court to accept bonds for ther apearance and demeannuer 
in all respects as abovesayd, and freely proposeth each 
two surtyes for ther performance of the same accordingly ; 
whervpon the Court taketh cognizence of the se'verall par- 
sons aforesayd, in manner followinge (vig't.) : 

Eichard Smith, of Narragansitt, Jun'r, recognizeth Richard 

' O ' ' o Smith re- 

himselfe vnto his Majesty e Charles the Second, King of^oTOth 
England, in the sum of fewer hundred pounds starlinge, to 
doe and performe in time and manner ; in each respect 
accordinge to the conditiones of the injunctiones above 
expresed, and that hee is therin well contented : and 
Walter Conny grave and Edword Richmond, of Newport, 
are his surtyes in two hundred pounds apece for his per- 
formance of the the same accordingly. 
Taken in Court. 
Thomas Gould, of Narra^^ransett, recognizeth himselfe Thos. gouw 

^ " <~^ gives bond. 

vnto his Majestye Charles the Second, King of England, 
&c., in the sume of fewer hundred pound starling, to doe 
and performe in time and manner, in each respect accord- 
ing to the conditiones of the injunctiones above expresed. 



44 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. and that he is therein well content. John Gould and 
^-^^^'^^^ John Briggs, both of Rhod Island, are his saretyes in two 
hundred pound starling for his performance of the same 
accordingly. 

Taken in Court. 
John Ilickes, of Newport, or Connonnicutt, recognizeth 
hifbondf^ himselfe vnto his Majestye Charles the Second, King of 
England, &c., in the sume of two hundred pounds star- 
ling, to doe and performe the same in time and manner in 
each respect according to the conditiones of the injunction 
above expressed, and that hee is therein well content. 
Robert Carr and Caleb Carr, both of Newport, are his 
suretyes in one hundred pound starling, for his perform- 
ance of the same accordingly. 

Taken in Court. 
John Wood, of Newport, on Rhod Hand, recognizeth 
ws'^boM.""^ himselfe vnto his Majestye Charles the Second, King of 
England, &c., in the sume of two hundred pound starling, 
to doe and performe the same in time and manner in each 
respect 'accordingly to the conditiones of the injunctiones 
above expresed, and that therin he is well content. John 
Peperdy and Edward Roberson, both of Newport, are his 
suretyes in one hundred pound starling, for his perform- 
ance of the same accordingly. 

Taken in Court. 
Whereas, Thomas Jenuinges, of Portsmouth, haveing 
Thos Jen. bcu convlctcd for the act of Fornication, and for the same 

ningshispe- 

fined fortye shillings by the Court, March 8, 1663, 64, 
and having presented to this Court his petition praying the 
Court to remitt the fine, the Court doe order and declare, 
that the sayd Thomas Jennings being free and willing to 
goe to the Massatusitts vpon any publick account, that hee 
shall bee called vnto and contentedly goe for ten shillings, 
and the remitting the sayd fine, the Court doe remitt the 
rest. 

Mary Tayler, daughter to Robert Tayler, of New^port, 
and George Ilulatt, servant to Mr. William Coddington, 



tition. 



AND PROVIDENCE PLANTATIONS. 45 

haveing ben convicted for fornication by the late Court of 16G4. 
Triailes, in March, 1663, 64, and by the sayd Court fined ^'^^'^"*-' 

•^ "^ George Hu- 

fortye shilUngs apeece ; and the sayd Tayler phaading his '^^tuuKi Ma 
daughter's poverty, and the burden upon himselfe, and thej^^-'lfet 
sayd George Hulate petitioning that hee hath suffered in*^"^' 
his being three dayes in the prison in a bitter cold season, 
the sence of which being presented to this Court, and the 
Court considering the same, and finding that the sayd 
George Plulate and Mary Tayler being, since this offence 
was committed, married to each other, the Court doe re- 
mitt the one halfe of ther fine. 

Ordered,. That the bill of James Rogers, Generall Sar- serg-t ro-- 

*-• ers bill 

gant, is aproved of; which bill is ten pound, fower shil- *>'^"®'^- 
lings, and ordered to be payd by the fower townes equal- 
ly ; which is fifty one shillings from each towne. 

Wheras, Richard Smith, Thomas Gould, John Wood Richard 

' ' ' Smith ami 

and John Hickes wear formerly bound to the Court of [^.fg^^^'f,/""- 
Trialles that sate in March last past, and alsoe were then *''"'" ^°"'"" 
agayne bound by recognicence to this Court, the Court 
declares these bonds to be voyd. 

Ordered, That the Governor be desired to write to Mr. Theoovitj 

write to Mr 

Richard Smith, Sen'r, to desier him to come before the |^°?^^^''^gjj,^. 
Court, and that a warrant goe from the Court to require 
John Greene, Sen'r, living at Narragansitt, to come before 
this Court. 

The letter that the Governor hath drawne vp to be sent 
to Mr. Richard Smith, Sen'r, is aproved of, and ordered 
to be sent him presantly. 

Letter from Rhode Island to R. Sfnith. 

Mr. Smith and worthy Sir : 

After the presentation of respects unto you : these are 
presented purposly at this time to informe and advise you : 
that whereas yow are an antiant inhabitant of this Collo- 
ny, and for whome the CoUony hath had a good report, as 
by their moderate demonstrations (in all occasions heither 



46 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664, unto, ill such cases where force might have been extend- 
^--'^v-*-' eel), it hath appeered : the which was alwaies believed 
and desired would operate on your more ingenious temper 
to returne your candid and respective presentation of the 
same, and an ansv\^erable and reciprocall kinde deportment 
towards the government in all offices of love and duty : 
yett seeing things seem as volgavly presented, that yow 
seeme rather inclined to an estraingment from, and neg- 
lect of your freinds, neighbours and the government estab- 
lished and settled in this Collony with other aditional re- 
lations and representations, as if your inclinations are (if 
not your practices also) to adhere unto, or rather to 
provoake a remote jurisdiction to take place and to exer- 
cise power in the heart and bowills of this Collony : upon 
the constant and frequent report of your inclinations, &c., 
the Court still remaininge the same your respective 
fFreinds, and retaining the same desires of your welfaire 
and honorable deportment in this sayd Collony, have 
therefore waved the absolute acceptation of the aforesayd 
representations for truth, untill the Court shall, from your 
personal returne to them more cleerly demonstrate the 
certainty of your owne persw^asions in this respect : to 
which end they desire yow to come over with this bearer, 
mr. Robert Carr, and here declare your minde or de- 
sires in the premises ; which sayd returne of yours ac- 
cordingly will, in a great measure remove the occasions of 
discontent ; which wee seriously and heartily desire may 
be done, considering the effects that must necessarily insue 
upon a noncompliance and correspondence to his Majes- 
tyes gracious letters pattents granted unto this Collony, to 
which there must bee such a dutifull and obediant submis- 
sion and subjection as is most naturall and agreeable 
unto faythfuU subjects to performe, which doth also obhdg 
us to urge (and in case to compell) a suitable conformity 
from all men residing on the main land of Nahantiek, Nar- 
ragansett, &c., as well as on the Islands contained within 
the sayd Roy all graunt to this Collony ; the which con- 



AND PROVIDENCE PLANTATIONS. 47 

formity wee desire may, for their sakes that are to con- 1GG4. 
forme, as in espetiall manner yourselfo ; may rather be >^*'^^'-*-• 
free and cheerefull than with compulsive meanes, which 
the Court desire not to use except necessitated : where- 
fore, Sir, your returne to these presentations are atended 
as abovesayd. And in mean time wee bid yow farewell ; 
and rest your loveing neighbours, expecting your presence 
here. Signed in the name and by the order 

of the General! Assembly of the 
Collony of Rhoad Island and Prov- 
idence plantations, met at New- 
port, May the 4th, 1664. 

JOSEPH TORREY, 
Generall Recorder. 
Superscribed, 
To the respected our loveing neighbour, Mr. Richard 
Smith of Narragansett Cohgomsquisitt, in the Col- 
lony of Rhoade Island and Providence plantations. 
These p. mr. Robert Carr. 

[Richard Smith did not reply to this letter, but wrote to Capt. Hutch- 
inson, who was interested in the controversy, at Boston, enclosing the 
letter to him, with a request that he would make it known to the Govern- 
or of Connecticut. Richard Smith, Jun'r, adds a few lines. Hutchinson 
and Hudson, wrote to the Governor of Connecticut, enclosing a copy of 
the letter from Rhode Island to Richard Smith, all of which follow.] 

Letter froin Richard Smith, SenW, to Capt. Hutchinson.* 

Wickford, 14th May, 10(34. 
Capt. Hutchinson : 

My kind respects presented unto you, sir. This may give you to un- 
derstand some late actions and proceedings of Rhode Island men ; and if 
those actings of theyrs be not countermanded by the government of Con- 
necticut, they will insult beyond measuer. Three days since they came 
to John Green's house att Aquidnesett with a warrant from theyre court, 
under the Governor's hand, and forceably fetched him awaye to Rode Is- 
land v/here he yet remaynes. His goeing was also not known to any 



* From Collection of manuscripts in the Library of the Rhode Island Historical 
Society. 



48 RECORDS OF THE COLONY OF RHODE ISLANb, 

1664. here; they have also constituted ofBsers at Petacomscott. A letter was 
sent to me from tbeyr courtt perswadeing me to comply with them, the 
which I have enclosed that you may see. I suppose that by force and 
violence they intend to fetch others from hence. Sir, itt will be necessa- 
ry for you to give Connecticutt intimation of thcyr proceedings, [for] we 
may be easily overturned by them if they stick not to us. Some speedy 
course had noede bo taken, for now they have given us just cause as can 
be to fetch one away by force, and absolutely exercising power, by war- 
rant under theyr hands. Be pleased to send me back theyr letter agayne. 
Remember me to Capt. Hudson and all other friends; not else. To 
theyr letter I returned them answer only by word o' mouth by y' bearer 
that brought it. But 

Just your loveing friend, 

RICHARD SMITH, Seu'r. 



Capt. Hutchinson and Capt. Hudson:* 

I have lately been to Rode Island, where I have seen men working won- 
ders in theyr owne conceipts. They have ingaged Mr. Gould to apeare 
there agayne next October, come twelve months, if they see not cause to 
release us sooner, the bond to continue till then, as also good behaviour ; 
but we are not tyed within the bowndry of theire colony. They did pre- 
tend much love to us, desireing us to crave favor of them, which implyes 
that we should owne ourselves guilty of something ; but we refuseing 
that, the result of the court was as abovesaid, or to prison. They are 
resolved to drive all before them if they cannot prevent them, not else. 

But I rest your obliged 

friend and servant, 

Wickford, May 14, 1664. RIC. SMITH, Jun'r. 



Hutchinson and Hudson to the Governor of Connecticut. 

Boston, 20 May, 1664. 
Honored Sir : 

Humble services presented to your worship with y° rest of y" gentle- 
men in gouerment, with yourselfe at Couecticott, as alsoe to mrs. Wiu- 
thrope and your sonnes and dauters, with many thanks for al your fa- 
uours, we haueing receaued letters from Naraganset lately, which ac- 
quaints vs with some proceedings laitely of Roade Island men, did looke 
at ourselues as bounde to acquainte you with them, and craue your ad- 
uice and direction what to doe, we send inclosed the letters that came to 
vs, that you may see more fuUy how the caise is, and giue us direction 
therein with what conueniency may be, onely we haue another thinge to 



* This and the preceding letters are copied from the manuscripts in the possession 
of the r=.hoac Island Ilistorical Society. 



AND PROVIDENCE PLANTATIONS. 40 

Iiinte to you, which is reported, thougli wo caunot bcleue any such thing. I f)A4 
There is a man that is y° Constable, apointed by Eoade Island men at 
Petacomscot, which is a place under your jurisdiction, and propriety of 
y'= lands that belong to vs, who tels some of our people at Naragauset that 
yourselfe and y" rest of y" gentlemen at y' Court at New London did write 
a letter to y" gouerment of Roade Island, that you disclaimed both our 
towneship and y° rest of our lands from your gouernment ; which though 
we question not y" falsenes of, yet could doe noe lesse than informe you 
of it ; and you may be pleased to consider whether it be not conuenient 
ho being in yunr jurisdiction, to presente him for his soe belyinge j" 
Courte. But sending our information, we shal not any further troble 
your worship, onely take leaue, desireing y" lorde to guide you in all 
things to his glory, which is y° praire of your humble servants. 
We craue of your worship to com- EDWARD HUTCHINSON, 

municate to j° Court this inteli- WILLIAM HUDSON. 

geuce from Naraganset. 

Vpon the debate that have ben vpon the difFerance be-Atreatj- 
twext this Collony and the Collony of the Massatusitts : it^^assetuseti? 
is ordered, That ther shall be a treaty with them according 
to ther proposalles. 

Ordered, That I\Ir. John Greene and Joseph TorreyMenapoynt- 
are appoynted to be the men that are to treate with the "^ 
two that are apoynted by the Court of the Massatusitts. 

Ordered, That the Governor, Mr. Roger Williams, commis- 
Mr. John Sanford, and Mr. John Greene, are desired to ^''™cuona"" 
draw vp instructions and a commission for those that are 
chosen to treat with the agents of the Massatusitts 
Collony. 

Ordered, That the commission and the instructions The com- 
drawne vp by the Governor, &c., which hath ben read and ai'?oved of. 
considered in Court for Mr. John Greene and Joseph Tor- 
rey, to impower them to treate with the commissioners of 
the Massatusitts, is by the Court aproved of. 

Ordered, That noe coppies of the commission and in- Noe coppieg 
struction that is drawne vp as aforesayd, shall goe forth to vnunVde?. 
the severall townes, vntill the Governor, deputy Govern- 
or, &c., shall see cause to order the same to be sent to the 
severall townes. 

Ordered, That Mr. John Sanford shall signe and vnder- johnsan^ 
writt the commission and instructions drawne vp for Mr. Sll^y.^* 

VOL. IT. 4 



50 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. John Greene and Joseph Torrey (as secretary), by order 
'>-'*~'^^"*^ of this Court. 

Men to audit . 

the late Ordered, That Mr. Arthur Fenner, Mr. John Briggs, 

Tres'rs ac- ' ' oo ' 

sand^^°^° Mr. John Weeks, Sen'r, and Joseph Torrey, are apoynted 
to audit the accounts of Mr. John Sanford. who hath ben 
formerly imployed as publick Tresurer, and to make ther 
returne to this Court by to morrow eight of the clock. 

To Capt. John Greene and Leftenant Joseph Torrey. 



You are hearby desiered, commissioned, and fully im- 
m'issfor powered to repayre vnto Secounck, alias Eehobath, vpon 
the last day of this presant month of May, being Tuseday : 
Then and ther to meette and begin to treat according to 
instructiones given you with two commissioners, in lycke 
manner autherized from and by the government of the 
Massatusitts ; and in the sayd treaty to continue as long- 
as cause requireth, for the full and finall issuing and com- 
posing (if it may be) of all those vncomfortable differances 
noid, Gov'r. g^^j grelvauces that have occasionally of late yeares aris- 
sen, concearning pretences about the place and plantation 
called Ascoamacott, on the east side of Pawcatuck river : 
and you are to make returne in writting the issue of your 
proceeds to the Governor, Counsell, or Generall Assembly 
of this Collony ; and in testimony hearof, the Seale of this 
CoUony of Rhode Hand and Providence Plantations, is 
hearvnto af&xed by order of the Generall Assembly of the 
sayd Collony, held at Newport, the 4th day of May, in 
the sixteenth yeare of the raygne of our soveraigne Lord 
the King, Charles the Second of England, Scotland, 
France and Ireland, &c., and Anno: dom: 1664. 

JOHN SANFORD, 

Secretary. 

Ordered by this Assembly, that whereas the Governor 

JJfowne" ^^^^' ^^ severall times, layd out money for the Collony to 

the value of five pound, eighteen shillings, &c., the Court 



klsJ) PROVIDENCE PLANTATIONS. 51 

^oe order that hee shall be payed by Mr. John Sanford, 1664. 
out of that money that hee hath in his hand, as belonging ^>-*^^-^-' 
to the Collony. 

Ordered, That the Deputy Governor is to have thirtye ^he dpputy 

. i ./ J Governor's 

shillings out of the publick treasury. ^"'• 

Ordered, That Mr. William Carpenter haveing layd out Mr. wiiiiam 

money for the Collony, to the value of thirty shillings, b"'-^^" 

besides somethinge that hee hath payd by way of fine, it 

is ordered to be payd by the publick treasurer. 

Ordered, That John Garriardy, Jeremiah Westcott, and Jo^n Garri- 

ardy's bill. 

Edward Marshall, haveing spent five days to bring an In- 
dian to prison from Warwick to Newport, or before the 
Governor, and haveing presented to this Court ther bill, 
amounting to the value of three pounds, two shillings 
and sixpence, it is accepted of, and ordered to be payed 
out of the public treasury. 

Ordered, That John Greene's petition shall be con- 
sidered. 

John Greene, Sen'r, living at Narras-ansitt, or Aquid- Joi'ii 

'- o -> 1 Greene, 



sen'r, of 
Xarragan- 



nesitt, having ben called before the Court for to answer 
before the Court for his adhearing to the»goverment offence^'pai^/" 
Connecticut ; and having been examined consearning the 
premises, hee soe answered as did give the Court just of- 
fence ; and vpon the sence therof, the sayd John Greene 
doth present his petition, praying the Court to pardon his 
sayd offence in his adhearing to the goverment of Coneti- 
cott, and his answering to the same before the Court as 
hee did : vpon the real consideration of the aforesayd pe- 
tition the Court doe pass by his offence ; and doe promise 
to the aforesayd John Greene all lawfull protextiou, and 
doe declare that hee is still loocked on as a freeman of the 
Collony. 

In consideration of the great neglect and defficiency in Military 
the vse of the military exercise in most townes in this 
Collony, and considering his Majestyes speciall care of the 
saftye of this corporation, in taking such speciall care con- 
cearning the exercise of the people thereof in trayning and 



52 KECORDS OF THE COLONY OF RHODE ISLAND, 

1664. martiall discipline, as is at large expresed in his Majestyes 
^-^■^'"^^ gratioLies letters patients ; and forther, considering tlie 
danger, reproach, and other inconveniancyes lying vpon, or 
lyckly to ensue ynto the whole in that neglecte, &c. 

Therfor, for the presant reviueing the exercise and dis- 
cipline in the Collony, and vntill more especiall order may 
bee partickelarly taken and made by the Generall Assem- 
bly in time to come, for the incorraging and farther pro- 
pagating the lively exercise of the sayd discipline ; the 
Assembly doe order and declare, that every respective 
towne in this Collony, shall, as formerly, have the choyce 
of ther military officers ; and that yearly vpon the last 
Monday in the month of May : and that the Assistant or 
Assistants in each respective towne doe for this first yeare 
give forth spedyly, warrant for assembling the company- 
together on Munday, the 30th day of this instant. May ; 
and that then the trayned souldyars or such as are capable 
to trayne, be permitted and required to elect ther respec- 
tive ofiicers for the exercising the people of each respec- 
tive towne, in armes, and that the sayd captain in each 
towne doe agcordingly give out warrants from time to time 
to warne the people listed to trayne vpon all such dayes as 
are by the Collony formerly appoynted, for the exercise of 
trayning, and that all be required on such dayes to ap- 
peare in armes, compleat ; and to exercise vnder ther re- 
spective officers, as by former lawes in the Collony is pro- 
vided. And farther, that in case of defects in such cases 
as aforesayd, the penalty formerly sett to be taken by 
distraynt, by warrant from the Governor, deputy Govern- 
or, or from one Assistant in either towne ; the defective 
parsones being first fined by the Counsell in each towne ; 
consisting of the magistrats. Captain and Leftenant of the 
towne or majour part. And farther, it is ordered, that 
for the succeeding yeares the Captain, or in his absence 
the Leftenant, in each towne, is to give warrant to call the 
people together to elect ther sayd military officers, on the 
sayd last Munday in May, yearly ; and this to be in 




AND PROVIDENCE PLANTATIONS. 

force till farther order as abovesaycl ; as alsoe the Clarke 
of the traynband shall returne the names of the military 
officers presantly or within two days after the election of 
them as aforesayed vnto the Governor, or chieffest magis- 
trate in each towne, to be by him returned to the Gener- 
-all Recorder, to to be recorded. 

Affairs of Block Island. 

To James Sands and Thomas Terry of Block Island, in 
the Collony of Rhode Hand and Providence plantations, 
in New England, &c. 

Whereas, in answer to severall petititions or addresses, jameT'" 
bearing date the 4th of May, 1664, presented to this Tho/Jeny 
Court in the name, or by the sayd James Sands, Thomas ^s'^'^"* 
Terry, as alsoe by Joseph Kent in behalfe of the inhabit- 
ants of the sayd Block Island, both as respecting admitting 
the sayd inhabitants, that are house keepers, to be free- 
men of the Collony aforementioned ; as alsoe for the well 
ordering the sayd inhabitants, and such as shall sojourn, 
dwell, or come to the sayd Hand, &c., vntill some farther 
course may be taken in the premises, for a more absolute 
putting the sayd inhabitants into a postuer of ordering 
themselves. The Court have not only taken the first, but 
alsoe the second addresses aforesayd into consideration, 
and have in answer therto, accepted such as you presented 
for freemen as in an other paper concearning the matter, 
it doth appeare ; but alsoe have taken speciall care for 
the presant governing of the sayd Hand, as by an instru- 
ment hear with committed vnto you, it doth more playnly 
appeare : you the sayd James Sands, and Thomas Terry, 
are requiered and commissioned to call all the sayd in- 
habitants together, as are mentioned in your sayd petition, 
and that with all conveniant speed ; and being assembled, 
you are to read vnto them the orders of this Court for the 
presant regulation as above mentioned ; and before you 



54 RECORDS OF THE COLONY OP RHODE ISLAND, 

1664. declare and owne tliem freemen of the Collony, you are 
"^^"^'•'^^to take vnder tlier hand in writting to this purpose, that 
they doe owne and declare that they did commissionate 
and appoynt you two, and Joseph Kent to request this 
Court to admitt them freemen, or that they doe then de- 
sier the same ; as alsoe that they will beare fayth and al- 
legance vnto his Majestye Charles the Second, King of 
England, &c., his heires and successors, and will, accord- 
ingly to the lawes in this Collony that be or shall be hear 
established, be regulated and thearto yeald due obedi- 
ance ; and none others are you to admitt but such as shall 
observe and doe as aforesayd, in signing such a writting ; 
and then according to instructiones to you given in an 
other writting, you are to record the names of such as are 
accepted and admitted freemen of this Collony, and you 
are to bring or send the writting signed by ther hands as 
aforesayd, to the Generall Recorder of this Collony, with 
all conveniant speed, to remayne on file in the sayd of- 
fice. And when you have soe accepted and declared such 
inhabitants freemen, you are speedily to desier and re- 
quier them to elect a third select man vnto yourselves, and 
him you are to ingage according as is ordered in the fore- 
sayd orders of this Court, and are alsoe to ingage such 
other of&cers as the freemen elect, as Constable, Clarke, 
&c., to be faythfull in their respective ofiice and offices,, 
according to the forme of the ingagement to you delivered 
as aforesayd : as alsoe you are to ingage or reingage in 
the Collonyes name vnto every such ofiicer that gives his 
ingagement as afore is sayd, that you will stand by and 
mayntayne them in the discharge of ther sayd places and 
office or offices accordingly ; and this you are in his Maj- 
esty es name required faythfully to atend vnto and accord- 
ing to the contents hearof, being given vnder the hand of 
the Governor, with the Seale of this Collony hearto afixed. 
Per order of the Court, the fowerth day of May, in the 
sixteenth yeare of the raygne of our sayd Soveraigne Lord 



AND PROVIDENCE PLANTATIONS. 55 

Lord, Charles the Second, King of England, &c., and 1664. 
Anno: dommi: 1664. v--»-v-i*^ 

JOSEPH TORREY, 

Generall Recorder. 

Att a Generall Assembly of the Collony of Rhode Hand and 
Providence Plantations, assembled Rhode Hand, the 
fowerh of the third month {May), so called, 1664, and in 
the sixteenth yeare of the raygne of Charles the Second, 
King of England, Scotland, France, Ireland, &;c. 

Whereas it hath pleased the most high in his mercyfull ^Xj^^'^J^J^ 
providence to incline the heart of our Soveraygne lord the Biock^is*iLd 
King, Charles the Second, King of England, &c., to be 
gracioues and faverable to all New England, and in espe- 
ciall manner vnto ourselves the Collony of Rhode Hand 
and Providence plantationes, by his Majestyes late royall 
grant vnder his broad Seale, vouchsafed vnto vs, in which 
grant or Charter, his Majestye hath ben pleased, expresly 
to nomminate Block Island as a part of this Collony. 

And whereas in obediance to his Majestyes royall plea- 
suer the last Generall Assembly of this Collony took care 
to signifie his Majestyes pleasuer to our well beloved frends 
and countrymen, the inhabitants of Block Island afore- 
sayd : and the aforesayd inhabitants of Block Island have 
this day by their messengers, James Sands, Thomas Ter- 
ry, and Joseph Kent declared vnto this Assembly ther 
professed subjection and obediance vnto his Majestyes 
sayd royall pleasuer, 

It is therefore thought fitt and nessessary by this Gen- 
erall Assembly to settle and establish a way and order 
(vntill farther order be taken) of presearving the King's 
Majestyes peace, and of administering his equall justice 
vnto all his loyall subjects vpon the Hand aforesayd, for 
the honour of his Majesty and the bennifite and comfort of 
his loving subjects in such a remote condition. 

It is therfore thought fitt by this Generall Assembly by 



S6 



RECORDS OF THE COLONY OF RHODE ISLAND, 




1664. these presents to ordayne and appoynt, that three able 

and discreate men of the inhabitants aforsayd, wherof 

James Sands and Thomas Terry shall be two, who are 

hearby impowered to call the inhabitants together 

and requier them in his Majesty es name to choose a 

third ; which three men, or any two of them agreeing, 

shall have power from time to time to call the inhabitants 

together vpon all emergant occasions for ther common 

publicke affaires : as alsoe to grant warrant in his Majes- 

tyes name for ther hearing and determining of all causes 

not exceeding the value of fortye shillings ; as alsoe to 

grant an appeale to any parsone grieved with ther sen- 

tance, taking bond for ther prosecutinge ther appeale in 

his Majestyes Generall Courts of Triall in this CoUony, 

trVcaus*e° and of satisfyino' the sentance and charges thervnto be- 
not exceed- J ^ • i • n i ^ 

ing forty longlug and following : as alsoe in all actiones of the value 

shillings. O D o ^ 

of above fortye shillings, it shall be lawfull for, and in- 
cumbant vpon any one of the sayd select men, to give 
forth writt or writts to such as requier the same : for the 
ataching the parson or parsones or goods of the parson ; 
which writt shall be served by the Constable that shall be 
therto requiered, and hee shall take sufficient bond or se- 
curyty for the defendants appearance, and answering the 
plaintiffe at the Generall Court of Trialls holden for this 
CoUony, in which such actiones are to be tryed ; and the 
sayd Constable to make returne of such bonds to the offi- 
cer that granted the writt ; as alsoe the plaintiffe and de- 
fendant shall to the sayd officer put in ther declaration and 
answer in manner and time as by law is ordered, and that 
the sayd officer cause the sayd bonds, declaration and an- 

Criminal i t-» i o 

causes, they g^gj^. j^q jjg rotumed to the Generall Recorder, at or before 

have hberty ' 

'to^hfc^n^'the Court to which they referr : and in all criminal causes 
orTryaiis' the sayd three men or any two of them agreeing, are 
hearby impowered to grant forth warrants, and to cause to 
be brought before them any of the inhabitants there abid- 
ing, or strangers amongst them, complaining or complayn- 
ed of, as they see cause vpon examination to bind over 



AND PROVIDENCE PLANTATIONS. 57 

such parson or parsones to answer at the Genevall Court 1664. 
of Trialles to be held in his Majestjes name from time to ^-*^^^ 
time in this Collony. 

And wheras it hath pleased his Majestye to declare that ^J^^^r^ty u, 
such other towns as shall be hearafter joyned to the townes ^'^'"'^■'' 
actually in being in this Collony, shall be invested with 
the priviledge of sending Deputy es vnto the Generall As- 
sembly, this Court declaveth ; That vpon the desier of the 
sayd inhabitants presented and willingnes to be at the 
charge of attending, the Court shall be willing to favour 
ther desiers and to accommodate them with all possable 
incourradgment. And wheras it is necessary that the in- 
habitants aforesayd be acquainted with the lawes of this 
Collony, wee signifie that for a small and ef|uall consider- 
ation, our Recorder, Joseph Torrey, is to grant them a 
transcript of our body of lawes established amongst vs. 

At present this Generall Assembly judgeth it ther duty Liberty of 



conscience 



to signifie his Majesty es gracioues pleasuer vouchsafed in ^eciai-ed^in^ 
these words to vs, verbatim (viz.) : That noe parson with- 
in the sayd Collony at any time hearafter, shall be in any 
wayes molested, punnished, disquieted or called in ques- 
tion for any differance of opinion in matters of religion, 
and doe not actually disturbe the civill peace of the sayd 
Collony. 

This Assembly alsoe declareth against any parson acting None to act 

•^ o ./ r O jjj publicque 

m any publike office, except hee first take the engage- °ffi°oj^'^'i- 
ment according to the forme hear subjoyned. engaged. 

You, A. B., &c., sollemly engage to be true and fayth- 
fuU vnto our Soveraigne Lord the King, Charles the Sec- 
ond, of England, Scotland, France and Ireland, and do- 
miniones and territoryes therevnto belonging ; and to his 
sayd Majesty, his heirs and successors, true allegeance to 
beare and exicute your commission, charge and office, ac- 
cording to the best of your skill and knowledge without 
partiallyty or affection to any ; and that according to the 
lawes allready established, or to be established in this Col- 
lony. 



The engage- 
ment. 



58 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. This ingagement you make, and ingage to obsearve, 
'-*''"^''""**-' vndcr the penalty of perjury. 

At presant this Assembly hath ingage d James Sands 
fn^Thomasand Thomas Terry, and authorized them to ingage the 
jragVa.'"''" third select man, and they or any two of them to ingage a 
Constable or Constables, and the succeeding commission- 
ers or select men a Clarke, to make and keep the publick 
records. At the taking of the ingagement by any, ther 
Arecipo- jnust boo a re-en2ra2:ement sriven in the Colloneys name, to 

rocrall en- o O o ./ ' 

gagement. g(-j^^^(-| j^y r^y^^ asslst such paTsoncs in the exicution of ther 
of&ces and performance of ther dutyes. 

It is alsoe the pleasuer and appoyntment of this Gen- 
voTe but ^^^^^ Assembly, that none presume to vote in the matters 
freemen. afForcsayd, but such whome this Generall Assembly ex- 
presly by ther writting shall admitt as freemen. 

Wheras, Mr. James Sands, of Block Island, being a 
Block Island freeman in this Collony or corporation of Rhode Hand and 

men admit- "^ ■■- 

ted freemen. p^,Qy^jgj-^^Q Plantatious, &c., togethor with Joseph Kent 
of Block Island, hath presented their humble petition to 
this Court, being the Generall Assembly of this Collony, 
in behalfe of Thomas Terry, Peter George, Simon Raye, 
William Harris, Samuell Bearing, John Rawsboue, John 
Davies, Samuell Staple, Hugh Williames, Robert Guter- 
ry, William Tosh, Tollman Rose, William Carhoone, 
Tristrome Dodge, John Clark, Joseph Kent and William 
Barker, inhabitants and house keepers at Block Island 
afore mentioned ; desiering that the forementioned inhab- 
itants may be admitted freemen of this Collony aforesayd, 
and being demanded if they the sayd James Sands and 
Joseph Kent did know that all the forenamed parsones 
weare men of peaceable and good behaviour, and lyckly to 
prove worthy and helpfull members of the Collony, they 
answered yea : whereupon the Court, on caution and in- 
structiones given to the sayd petitioners, have accepted 
and admitted all the sayd inhabitants aforementioned, to 
be free of this sayd Collony, or soe many of them as shall 
give vnder ther hands in writting, according to the in- 



AND PROVIDENCE PLANTATIONS. 59 

structions given aforementioned, excepting only for the 1664. 
presant, Mr. Hugh Williams, concearning whom the Court '---■^v^*-' 
desier, that before hee be admitted into the sayd freedom 
of the Collony, hee doe repaire by the first convenient op- 
portunity vnto the Court, or to the Governor, deputy 
Governor, and Assistants, of Newport and Portsmouth ; 
or to such of the sayd Assistants as with the Governor 
and deputy Governor doe assemble at such a meeting, 
when the forenamed Hugh Williams is expected to give 
satisfaction, or make at least vnto cartaine matters that 
some months since have ben or declared or reported vnto 
the Governor, deputy Governor, &c., concearning some 
words vsed or expresed, tending to the reproach or scan- 
dall of this goverment ; and vpon the hearing of the sayd 
Mr. Hugh Williams, and his giving or making answer sat- 
isfactory in, and concearning the premises vnto the Gov- 
ernor, deputy Governor, &c., they are requested to accept 
and admitt him a freeman of this sayd Collony ; they see- 
ing cause soe to doe ; and such as are admitted, ther 
names are to be returned, and in order as admitted. 

Ordered by this Court and the authority therof. That 
there may be coppies of the Charter goe forth vnder the 
Eecorders hand to the Governor, deputy Governor and 
each Assistant, and shall remayne in ther hands as long 
as they continue in ther respective places. 

Order of the King's Com?niss loners about Narragansett. 

Having received from some of the principal Sachems of the Narragan- 
sett Indians a submission or surrender of themselves, their subjects and 
their lands to the protection, government and dispose of our dread Sove- 
raigne y" King of Great Britain, France and Ireland, as well by their 
personal acknowledgement and laying downs their armes as at his Majes- 
ties feet, and sending his Majesty some presents, as also by giving us a 
deed, dated April 19, 1644, wherein they and all y° other Sachims of that 
country did then submit, subject and give over themselves to his late Maj- 
estie of blessed memory, and by presenting us several petitions and de- 
clarations containing many injuries which they say they have received 
from several of his Majesties English subjects, against whom they desire 
justice from us : Wee, his Majesties Commissioners, have received them 



60 RECORDS OF THE COLONY OF RHODE ISLAND, 

X664. '^'^^^ ^^■'^'■^ Majesties protection, and do in his Majesties name order, appoint 
^ and command that j" said Country be henc<?forward be called y^ Kings 
Province, and that no person of what colony soever presume to exercise 
any jurisdiction within this y" Kings Province, but such as receive au- 
thority from us under our hands and scales, until his Majesties pleasure 
be further knowne ; and we also declare that y" Kings Province doth ex- 
tend to Pawcatuck River westward. 

Whereas, Major Atherton and others of his Majesties Colony of y'^ 
Massachusetts pretend a mortgage of a great part of y° said country, 
we order and appoint that whenever either of y" Sachims known by the 
name Pessicus or Nenecroft or any authorized by them, do pay unto any 
one of the persons laying claime to y° same mortgage y* sume of seven 
hundred and thirty-five fathoms of peage, y° said mortgage shall be void 
and whatever is thereupon to by them. 

And whereas, there is also two purchases pretended to of two great 
tracts of land by y' same Major Atherton, Capt. Hudson and others of 
his Majesties colony of y^ IMassachusetts, bought of Cathanaquaut, in y' 
Narragansett country in y° yeare 1659, in which deed there is no men- 
tion of any consideration, and that it appears that y" said pretending pur- 
chasers knew that y* said country was submitted to his Majestic, as well 
by wittnesses, as by y" said submission being eighteen years agoe 
printed. 

Wee, his Majesties Commissioners, having heard y" whole business, do 
declare y° said purchase to be void, and order and command that y' said 
purchasers shall quit and goe of y^ said pretended purchased lands, and 
shall not keep any cattle of any sort upon y" said land by pretence of y' 
said purchase after y° feast of St. Michael next, if within that time either 
of y*" Sachims above named, or any authorized by them do pay unto any 
one of y* said purchasers y* sum of three hundred fathoms of peag, which 
is y" only summ acknowledged to be received by y^ said Cathanquant. 

Given under our hands and scales at Petaquammetuck, y° 20th of 
March, 1G64. 

(ROBERT CARR, 
For the Purchasers, < (GEORGE CART WRIGHT, 

(20 March, 106-1-5.) ^ ^AM. MAVERICK. 



AND PROVIDENCE PLANTATIONS. 




Ads and Orders of the General! Assembly of the CoUonij 
of Rhode Island and Providence Plantations, sitting at 
Newport, October, 1664. 

Mr. Benedict Arnold, Governor. 

Mr. AVilliam Brenton,. deputy Governor. 







ASSISTANTS. 




Mr. 


John Coggeshall, 


Mr. 


Roger Williams, 


Mr. 


James Barker, 


Mr. 


William Baulston. 


Mr. 


Joseph Clarke, 


Mr. 


John Sanford, 


Mr. 


William Feild, 


Mr. 


Randall Howlden 


Mr. 


Thomas Olnye, 


Mr. 

DEPUTIES, 


Walter Todd. 



Mr. John Clarke, 
Capt. John Cranston, 
Mr. John Card, 
Mr. William Dyre, 
Joseph Torrey, 
Mr. William Jeffery, 
Mr. Gregory Dexter, 
Mr. John Throgmorton, 
Mr. William Carpenter, 



Mr. Zachary Rhoads, 
Mr. William Woodali, 
Mr. Thomas Cornell, 
Mr. Samuell Wilbore, 
Mr. Josua Coggeshall, 
Mr. John Weekes, 
Capt. John Greene, 
Mr. James Greene, 
Mr. Edmund Calverly. 



The Governor chosen Moderator. 

Joseph Torrey, Recorder, chosen Clarke of the As- 
sembly. 

Ordered, That the letter that the Moderator hath 
drawne vp is approved of, and ordered to be sent to Mr. 
John Clarke. 

Ordered by this Assembly, That vpon all occasiones 



proxces 
■ordered, 



62 RECORDS OF THE COLONY OF RHODE iSLANb^ 

1664. that the Generall Assembly have to meet, either vpon ad^ 
^--''^'-^^-'journments or sett times appoynted in the first place, it is 
to Reread, thought goocl that the pattent be read. 

Vpon the consideration that hath ben in Court about the 
peoples Totting by proxces, ther is a Committee chosen to 
ripen the matter, which is Mr. Roger Williams, Captaine 
John Sanford, Captaine John Greene, and Mr. William 
Dyre. 

The returne of the Committee. 

Whereas, it apeares vpon record, that it was refered by 
Voting by the last Generall Assembly, at 'Newport, to the further 

Droxces -^ ' J- ' 

consideration and care of this presant Assembly, to make 
provision as to the poynt of election : and this presant 
Assembly (now by Gods gracious providence enjoying the 
helpfuU presance of our much honoured and beloved Mr. 
John Clarke), doth declare and ordayne (untill farther or- 
der be taken). That the liberty and priviledge of electing 
and being elected vnto all publicke offices in this Collony. 
shall continue in the whole body or company of the free- 
men by ther parsonall and individuall vetting : and 
whereas, it hath ben often vrged the difficulty of the there 
parsonall voting at Newport, this presant Assembly or- 
daynes, that voting by proxces be enjoyed by all the free- 
men of this Collony, and that each freeman desiering to 
vote by proxces shall subscribe ther names on the outside, 
and deliver his votes sealed vp into the hands of a magis- 
trate, in the face of a town meeting lawfully called and 
notice given for that purpose : and in case of sicknes and 
nescecary absence from the sayd towne meetinge, vnto a 
magistrate, who shall deliver the sayd votes or cause them 
to be delivered into the hands of the Governor, or in his 
absence, of the deputy Governor, in the face of the Court 
of Election ; which sayd votes shall be by such whom the 
Generall Assembly shall appoynt, opened and delivered 
forth as the respective choyce of the severall ofiicers shall 
ref|uire : provided, that this order shall noe way prejudice 
or discorradge any who desier to be parsonally presant ; 



AND TROVIDENCE PLANTATIONS. 63 

and this, order to stand, and be in full foree, any former 1664. 
order in this Collony provided to the contrary notwith- ^---v^*-' 
standing. 

Ther having been a long agetation about the motion ^^^^^/'j^^''^^^'-' 
whether the magistrates shall sitt by themselves and the apaft"ef?to 
deputy es by themselves : it is resoulved to remitt the far- OMerau 

■^ "^ "^ Assembly. 

ther agetation of it to the next Generall Assembly. 

Forasmuch, as in this presant Court, Mr. Edmund Cal- Edmond 

' ■'■ ' C'alveriy to 

verly hath in this Court severall times charged our hon- J.'^^J'ln '' 
oured Governor with many charges tending to his great rglfn'^the 
disparadgment in respect of his office : and having spent ' 
the Court much time in the debate therof, forasmuch as 
the sayd charge hath not legally in writting ben present- 
ed, therefore the Court doe order that the sayd Mr. Ed- 
mund Calverlye shall at the first sitting of this Court to 
morrow morn, either bring in his charge in writting vnder 
liis hand aganst the Governor, and soe thereon procicute 
his charge, or else shall be delte withall as this Assembly 
shall see cause. 

Vpon the pervsall of a bill or petition presented by Mr. '^^^l^^^^^l'^ 
Edmund Calverly, in order to an acte of this Assembly "'''^°'"' ''°'' 



withstand- 
Edmond 



(as hee says), whearin hee the sayd Calverly was ordered, caiveiiy 
according to what hee had verbally spoken by way of 
charge aganst the Governor, vpon the consideration of 
which it is votted, that notwithstanding the presant bill 
presented aganst the Governor, it doth not disable the 
Governor from being Moderator of this Assembly. 

The Court having been long in the agetation about the 
great and grivioues charge layd by Edmund Calverly vpon 
the Governor, as touching the exicution of his office, pre- 
sented verbally in open Court ; and the Court having ben 
in the exercise of much patience to see whether the sayd 
Calverly would legally draw them vp in writting for the Court 
to take grounded footing to insist on, to proceed legally in 
the premises, as touching the determination of the matter 
against our sayd Governor, and nothing appearing in Court 
to satisfie the Court in the premises, therefore the Court 



64 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. sees ciuise to suspend the saycl Edmund Calverly from vot- 
^-ii»-v-«»^ ing in this Court vntill the sayd Calverly shall give the 
Calverly Court satisfaction for his sayd offence. 

suspended. •' , 

Ypon the consideration of the motion that hath hene in 
cwuTo"'^^^^^ Court about the reviewing the lawes of this Collony, 
iaw^ "'' and to put them in a better forme for finding of them 
when ther is occasion to looke for any law, &c., it is or- 
dered, that a Committee be chosen to take a view of our 
lawes, to see whether ther be any lawes that are incousist- 
ant to the presant government vnrepealed, that it may be 
taken into consideration and repealed, and to draw a table 
to them that it may be more easie to find them. 

The parsones that are appoynted for the Committee is 
Mr. John Clarke, jMr. Roger WiUiams, Capt. John San- 
ford, Capt. John Greene, and Joseph Torrey, who are au- 
thorized, or any fower or three of them to take the care 
and trust vpon them to look over the lawes as aforeso.yd,- 
and put thcDi in a better forme if they find them not 
agreeable to the Charter, and to performe the same be- 
twene this and the next Generall Assembly that is to sitt 
in May next ; and for ther paynes shall have good satis- 
faction from the severall respective townes to whome they 
belong. 

Wheras our Charter enjoynes that the Generall Assem- 
what num- ]3iy of thls Collonv aud the Generall Court of Trialls can- 

ber of mag- •' •' 

suun^court. not be accounted full Courts vnlesse the Governor or 
deputye Governor and sixe Assistants at least, be therein 
presant, therfore and to prevent the intollerable detrement 
that may befall the Collony in case of defect in that mat- 
ter : it is enacted and declared by this Assembly and the 
authority therof, that if at any time those Courts or either 
of them, being called, and ther appeare not to sitt and 
continue in Court vpon the transacting the afaires of the 
Collony, &c., the number of sixe Assistants at least, as 
alsoe the Governor and deputy, or one of them two, that 
then all the magistrates who shall be found absent from 
the day of the date hearof, in such case shall be liable 



AND PEOVIDENCE PLANTATIONS. 65 

each of them, to pay, and shall pay a fine of five pound 16G4 
starlinge to the Generall Treasury, to be sued for by the ^-«^'-^«a-' 
Generall Atornye in case of neglect of payment, and taken 
by due process of law and returned into the treasury 
aforesayd. 

Ordered, That the returne that hath ben made to the The retume 
Governor by Capt. John Greene and Joseph Torrey with missfone"?' 

•^ ^ J. ./ from the 

respect to the treatye with the Commissioners of the Mas- *[^Y/''*"- 
satusitts CoUony, shall be read and heard in Court. 

Ordered, That the papers that concearne the treatye 
aforesayd, be delivered into the custody of the Re- 
corder. 

Ordered, That the severall letters that have ben sent to be read. 
from the Massatusitts, Plymouth, Connecticutt, and from 
the Commissioners of the United Collonyes, shall be read 
in this Court. 



Letter from the Governor, S^c, of Rhode Island to the 
Governor of Connecticut* 

Newport, Rhode Island, July 8th, 1G64. 
Much Honoured Gentlemen : 

After our due respects, &c. These are to signify, that 
wee are confident you have fresh in your memories our 
late proposalls unto yourselues and Court under the hands 
of the Governor and Deputy Governor (of this CoUony), 
in behalfe of the rest : unto wliich sayd letter and propos- 
alls therein contayned, wee earnistly expected and desired 
your answer : and indeed had the more earnist hope and 
expectation of the same from the intimation we received 
from the Honoured John Winthrop, Esq., Governour of 
your Collony, that a Generall Assembly was neere at 
hand, where those considerations would be seasonably 
consulted upon, &c. But how it comes to pass, whithei 



* Rhode Island Historical Society's Manuscripts, p. 36. 
VOL. II. 5 



66 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. the Court did write, or whither it be miscarried, we know 
^--'"■^'"*^ not. But soe it is ; we have not heard from you. Now 
in the hearty desire that we have of a right vnderstand- 
ing, and friendly neighbourhood betweene your Collony 
and this, wee have imployed this bearer, Capt. Richard 
Morris, to bringe this to your hands ; desiring (if you 
please) your pertickular answer to our abovesayd former 
lynes. And further, to signify that upon complaynts 
now come (from a Constable of this Collony at Narrngan- 
sett) of mr. Richard Smith, Sen'r, and mr. William Hud- 
son of Boston, that they presume to exercize authority at 
Narrangansett, pretending countainance from your gov- 
erment, which we cannot as yett see ground to creditt 
(that they are soe countainanced by you). However, 
leaveing that to further time of exsperience, wee have 
sent for the warrant to fetch them before authority, and to 
proceed against them for their presumption herein ; and for 
their contempt of the gouourment here established by his 
Majestic. And withall, hopeing and desireing you will 
please to countermaund that countanance you [possibly 
formerly] have given them : wee findinge upon perusall 
of both your and our pattents, there is not ^ny the least 
ground for your Collony or jurisdiction to putt forth any 
authority on this side Pawcatuck, alies Narragansett river ; 
wherefore, our desires are in all love and meekness to pray 
your wisdoms to putt a stop unto any further proceeds of 
that nature (in your name), in case it hath beine soe be- 
fore ; and also to pray you to understand, that which you 
cannot butt know, that wee dare not declyne the exercize 
of jurisdiction in all parts of the Nairagansett and Nahan- 
tick cuntries and partes adjacent ; according to our char- 
ter and the express letter thereof; thus praying you to 
give creditt to the ffurther relations of the bearer, con- 
cerning the proceeds in the matter of questioning the two 
parties above mentioned ; and also praying your present 
and loveing returne to our fformer and these presents ; 



AND PROVIDENCE PLANTATIONS. 67 

that soe all occassions of discontent may be prevented or 1664. 
removed. Wee take leave, and remaine your friends and ^>-^~-v--'*^ 
servants. 

By order, and in the name of the Governor and Depu- 
ty Governor and Counsell of Rhode Island and Provi- 
dence Plantations. 

JOHN SANFORD, 

Secretary. 
Superscribed. 
These to our Honoured ffriends, John Winthrop, 
Esq., Governour, and the rest of the Honoured 
Counsell of Conecticott Collony at Hartford. 

Coppy of Letter from Connecticut to Rhode Island.* 

Hartford, July 20, 16B4. 
Much Honoured Gentlemen: 

The occasion of these lines is with the presentation of our respects, to 
informe you that we have received one letter, dated March 10th, 1663^, 
signed by the worshipfuU mr. Arnold and mr. Brenton, as allso another 
letter dated July 8th, 1664, signed by the Secretary, in the name of the 
Governor, Deputy Governor and councell of Road Island and providence 
plantations : in answer, we thought good to returne that our Governour, 
upon the request of severall members of the Councill did signify to your 
Governour, &c., that we thought it might be a suitable way that your 
selues would constitute and impower some suitable men as plenipoten- 
tiaries, to joyue with some of ours to consider and issue matters between 
your sekiGs and us, as we expected your selues would haue seen cause 
to haue signified your acceptation of that proposall, which was the reason 
the Generall Court did not make any further returne unto yours ; and we 
do conceive it very requisite that we should haue a meeting before we 
goe about laying out of the line betwixt you and us, that soe we might 
come to a right understanding of the business, that we might not lay out 
our line once. To lay it out againe, we hope we shall be ready to com- 
ply with your selues in the promoting the wayes of peace betwixt us. 
But we must informe you, that we cannot well resent your proceeds 
against mr. Richard Smith and mr. Hudson, who (as you say) presume 
to exercise authority at Narrogancett : we must tell you that it is no pre- 
sumption in them to exercise authority there, they being impowered by 
this Councill of this Collony, and that before your Charier came to New 
England ; we conceive it would haue been more for the promoteing of 



Rhode Island Historical Society's Manuscripts, p. 42. 



68 EECORDS OF THE COLONY OF RHODE ISLAND, 

1664. peace, continuance of neighbourly corresponclence betwixt your seines 
,^^^ , and us, that Tou had made some application to this Colony before you 
had proceeded to molest mr. Smith and mr. Hudson, &c.; but what it is 
our desire and expectation that your selues would be pleased to forbear 
exerciseing an}^ authority, ouer those places, and not interrupt any in 
the quiat possession of their just rights, which is but what your agent in 
England hath vnderhand soberly requested ; and vfe shall be ready (if 
your selues see cause to concurr with us) to make choyse of some friends- 
as plenypotentiaries, to consider and settle matters so betwixt us as may 
be for our mutuall comfort. Gentlemen, we shall leaue this proposall to 
your consideration, and desire you would be pleased to appoynt the 
time and place of meeting. We conceiue it will not be so suitable, this 
hott season for some of our friends to travell, who wee could desire and 
judge as meet persons to attend the forementioned service ; and we pro- 
pound Norwich or New London to be a suitable place for meeting, and 
for the time about the 25th of October. "We hope you will rest sattisfyed 
in our proposalls, and timely signify to us your acceptation thereof. In 
the meane while we shall take leaue, and commend you and your waighty 
concerns to the blessing of the Almighty, and subscribe ourselues your 
louing neighbours and friends. Signed by order of the Gouernor and 
Councill of the Colony of Conecticutt, per me, 

JOHN ALLYN, 

Secretary. 
Superscribed. 
These for our honoured friends, Benedict Arnold, Esq., and the rest 
of the Honoured Councill of the Colony of Road Island and Provi- 
dence Plantations. 



Letter from Rhode Island to Connecticut.'*' 

Newport, September the 20tli, 1664. 
Much Honoured Gentlemen : 

Yours, signed John Allyn, Secretary, bearing date 
July 20th, per Captaine Morris, came to our honoured 
Governour's hands, and b}^ him Avas communicated to us, 
which we have perused, and doe now signify vnto your 
selves that the Generall Assembly of this Collony is to 
sit the last Wednesday in this next month, October, at 
Newport : to whome we shall present yours and are con- 
fydent from them yow may receive a full and neighbourly 
returne in way of answer. Thus, not further to troble 



■* Rhode Island Historical Society's Manuscripts, p 44. 



AND PROVIDENCE PLANTATIONS. 69 

yow, save our respects. We rest your neighbours and 1664. 
servants. v-»^>.-^^ 

JOHN SANFORD, 

Secretary. 
In behalfe and by order of the Governour and Councell 
of Rhoad Island, &c. 

Superscribed. 
These, fFor the Honoured John Winthrop, Esq., 
Governour, and the rest of the Counsell of the 
Collony of Coneticott, present. Per an Indian, 
Quinomp. 

Letter from the Commissioners of the United Collonies to 
Rhode Island.* 

Hartford, Sept- 9, 1664. 
Gentlemen: 

Notwithstanding wee haue formerly, and indeed to often bine inforced 
by the complaints of our frinds interested in those lands of the Narra- 
gansetts., to write to you and aduise that youer people might be ordered 
to deport themselues more civilly and peacably vntill a full desition of 
the matter in controuersy might be attained ; yett wee are now againe 
informed, that instead of such a naighbourly and frindly complyance with 
■our peacable desire, as wee might haue expected to haue found from you, 
some of you doe still persist on in theire wounted course ; not onely of un- 
naighhourly but vnchristian injur iou sues towards them and others therea- 
boutes, which is uery dishonourable to God, and may giue advantage to the 
heathen, and proue dangerouse to the peace of the Kinges subjects heer, of 
all which his Majestic seemes to be well informed, and deeply to resent the 
matter ; and hath fully manifested his graciouse and fatherly care of 
those his oppressed and injured subjects in recommending them to the 
protection of the United Collonies ; and comaunding them on all occa- 
sions to be assistant to them against such vnjust oppressions and molesta- 
tions. Wee doe therefore once more desire you, and in obedience unto 
the pursuance of his Majesties order, shall expect that some efifectuall 
course be by you attened that may for the future reclaime youer people 
from such injuriouse and disturbing carriages as they have formerly to 
frequently vsed towards them, that soe the peace of his Majesties sub- 
jects may be preserued, and the indubitable inconueniencyes that will 
otherwise ensue may be preuented, vntill such time as either by an 
agreement the Collonie of Conecticott and yourselues, or in some other 



Hazard's State Papers, vol. 2, p. 499. 



70 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. way the matter iu contronersy be cletormincd ; thuse hopeiug you will 

,^^ .^j att last more carefully attend our see faire motion, now further backed 

by his Majesties speciall authoritie, a coppy of which wee haue heer with 

sent you ; wee giue you noe farther trouble att present, but rest youer 

loueing frinds and naighbours. 

The Commissioners of the vnited Collonies, 

SAMUEL WILLIS, SIMON BKADSTREET, Presedent, 

MATHEW ALLEN, THOMAS DANFORTH, 

WILLIAM LEETE, JOSIAS WINSLOW, 

WILLIAM JONES, THOMAS SOUTHWORTH. 



Ther being a motion proposed concearning tlie runing 
A Commit^ the lines of the bounds of our Collony, both on the west and 

tee to con- "^ ' 

nkfj the'""' east, which is alsoe farther provoked to be considered by 
^""^' a letter from Conecticutt. The Court doe order, that for 

the farther ripening the matter and preparing the way, it 
is thought fitt to committ the matter to a Committee to 
draw vp their thoughts for the time and manner, and to 
present it to morrow after dinner. The Committee is Mr. 
Roger Williams, Capt. John Sanford, Capt. John Greene 
and Joseph Torrey. 

There being a motion proposed to audit the accounts of 
fef t™"u'dit Mr» John Clarke, it is thought good to choose a Commit- 
a/eounts.^ Hee for to see what the Collony is indebted to him there- 
vpon. The Committee is Mr. Randall Howlden, Mr. 
Thomas Olnye, Mr. William Dyre and Mr. William 
Woodall, who are to draw up their thoughts, and to 
returne it to the Court to morrow after dinner. 

Ordered, That the care of taking course about warning 
jury men and deputyes, be committed to the foresayd 
Committee that are to audit Mr. Clark's accounts. 

Ypon the consideration of the abuse that the Collony 
About hath sustayned by the intrusions that are made into the 

intruders. ./ ./ • i -i 

Collony, and the libertyes thereof, it is thought good to 
committ the matter to a Committee to take care in that 
business, to prevent future inconveniancyes in perticke- 
lar, at Narragansitt, as touching the exercise of gover- 



or'a absencf 



with 



AND PROVIDENCE PLANTATIONS. 71 

ment there by them soe intmded. The Committee chosen 1664. 
is Mr. John Card, Mr. Thomas Cornell, Mr. Zachariah '-*^--'*^ 
Rhodes, and Mr. Walter Todd. 

Ordered, That the matters that the last night weare 
committed to the committees, are still left with them till 
to morrow morning, eight o'clock. 

The Assembly being mett, and haveing many matters ^heDeputr 
of great concearnmente lying vpon them, and 
once in the time of their sitting chose their Speaker (to 
witt), the Governor, who in the time of the Assembly es 
sitting is by God's providence detayned from performing 
his place, being visitted with sicknes, &c. : the Court doe 
therefore order that for the present, and vntill his returne 
againe to the Court, that the deputye Governor doe suply 
his place as Moderator of the Assembly. 

Vpon the consideration of the differance betweene this ^^^^^ chosen 

••• to treat witi 

Collony and Conecticutt, it is thought good to choose^"""*'*"'*' 
three men to treate with Conecticutt agents. The first 
chosen, is Mr. John Clarke ; the second chosen, is Capt. 
John Greene ; the third, is Joseph Torrey. 

Ordered, That the aforesayd three men, or if any one 
of them fall sicke, the other two are authorized fully to 
treat with those that shall be impowered by the Collony of 
Conecticutt to treat with them, and to agree as also to run 
the line that is the bounds of the pattent, on the western 
line thereof. 

Ordered, That the aforesayd three men have full power 
if they see fitt, to procure one or more to atend on them, 
to help run the line, &c. 

The Commission from the Court to Mr. John Clarke, 
Capt. John Greene, and Leftenant Joseph Torrey. 

To Mr. John Clarke, Capt. John Greene, and Leften- 
ant Joseph Torrey, Commissioners chosen and appoynted 
to meet with the honoured our neighbovrs the gentlemen 
of the Collony of Conecticutt for an amicable and loveing 
compliance in the laying out our western line between vs. 



72 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. This Generall Assembly of Rhode Island and Providence 
^-*'^^'"*»^ Plantationes, in confidence of your fidellityes and wis- • 
domes, doc by these presents fully irapower and authorize 
you to treat with, conclude and determine with the gen- 
tleman aforesayd, the laying out and fixing the sayd line ; 
as alsoe an amicable composure of all other differences 
betweene us, and in case (contrary to oar desire and 
hopes) you shall not agree : then you are hearby author- 
ized and required to sett and lay out the sayd line soe as 
in your judgdments and wisdomes comes nearest to the 
bounds limitted and expressed in his Majestyes Royall 
grant vnto vs : and whatever you or any two of you shall 
agree in the premises, this Generall Assembly, by these 
presents doth fully acquiesce in, and approve the same. 
Given vnder our Scale this 26 of October, 1664. 

The Commission for them that are to runn the Eastern 
Line. 

To Mr< William Brenton, deputye Governor, Mr. Roger 
The Com- WilUams, Assistant, Mr. William Baulston, Assistant, 
Capt. Randall Howlden, Assistant, or if hee faile, Mr. 
Zachary Roades, Commissioners, chosen and appointed to 
meet with the honoured the gentlemen of the Collony of 
New Plymouth, for an amicable and loving compliance in 
the laying out our eastern line betweene ys ; this Generall 
Assembly of Rhode Island and Providence Plantations, in 
confidence of your fidelity es and wisdomes doe by these 
presents fully impower and authorize you to treat with, 
conclude and determine with the gentlemen aforesaid, the 
laying out and fixing the sayd line, as also an amicable 
composure of all other differences betweene vs, you are to 
indeavor with them to view and compare their Charter or 
Charters with our owne, and according to the best of your 
vnderstanding soe to fix the line and bounds as you can 
judge best to agree with his Majestyes Royall pleasuer, 



mission. 



AND PROVIDENCE PLANTATIONS. i O 

and the mutiiall peace and welfare of this his Majestyes 1664. 
Collonye : and whatever you or any three of yon shall ^-^-v-*^ 
agree in the premises, this Generall Assembly by these 
presents doth fully acquiesce in and approve the same. 
Given vnder our Seale this 26 day of October, 166-i. 

Heare follows the letters to Connecticutt. 

Much honoured Gentlemen : 

Loving respects presented. Your letter, dated July, connecucut 
1664, by Captaine Morris, has been presented to vs by 
the hands of our honoured Governor. Wee thankfully 
acknowledge your prudent care and love in your cheer- 
full [readiness] to propagate the wayes of peace and 
love, by offering to send your plenipotentiaries to meet 
with ours for the determining of the differences be- 
tweene vs, wee are sorrie [that] the time of meeting de- 
sired by yourselves (viz.),* the 25 of October, is now 
[elapsed] by reason of our late Assembly, which we could 
not alter ; yett we are now resolved, [if God] please, to 
send three gentlemen from ourselves fully impowered to 
atend the like [number] fully impowered by yourselves, at 
or vpon the 29th of this instant month, November, at the 
towne of Southertowne, alias Pawcatuck. The name of 
our plenipotentiaryes are Mr. John Clarke, Capt. John 
Greene and Leftenant Joseph Torrey. Wee shall give 
you no farther trouble, but wishing you all peace and 



* At a Generall Assembly held at Hartford, October 13th, iGG-i. 
This Court doth nominate and appoynt Major Mason, Mr. Math. Allyn, 
Mr. Willys, Capt. Tallcott, Capt. Newbery, or any three of them, to be 
a committee in the behalfe of this Collony to use their endeauours to is- 
sue and settle the bovvnds of the Colony between the Bay and vs, and 
Eoad Island and vs, and our south bownds; and this Qourt doth order 
and determine that the sayd Committee shall not giue away any parte of 
the bovvnds of our charter. And whatour Committee shall doe in the prem- 
ises, according to this order, is hereby ratifyed and contlrmed. Mr. John 
Allyn is to attend this soruice, in the absence of the Major or his 
father.— ii. I. Hist. Mss.,p. 45. 



74 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. prosperity, wee remayne your very [affectionate] frends 
'-"^^''^'^ and neighbours. 

JOSEPH TORREY, 

Generall Recorder. 
By order of the Generall Assembly of the Collony of 
Rhode Island and Providence Plantations, in New 
England, the 26 of October, 1664. These for the 
Right Worshippfull John Winthrop, Esquire, Gov- 
ernor of Connetticott and the rest of the Councill 
there. 



Here followes the letter to New Plymouth. 

Honoured Gentlemen : 

Yours of the 8 of June, 1664, wee have read and con- 
utteito siderod : [and wel remember with all thankfullnes your 
courtesies and civilityes, and wee desire [not] to remem- 
ber any discourtesies or injuryes, &c.: but seeing it hath 
pleased God to adjoyne vs in soe neare a neighbourhood 
and to incline the heart of our Royall [Soveraigne] to 
vouchsafe vs soe gratious a grant and Charter vnder the 
broad Scale, &c. ; and since you complaine of some in- 
trusiones or injuryes of ours, of which wee are ignorant, 
wee have thought meet to signifie vnto you that wee have 
chosen and impowered fower of ourselves (viz.) : Mr. 
William Brenton, deputye Governor, Mr. Roger Williams, 
Mr. Y/illiam Baulston, Mr. Randall Howlden, Assistants, 
to meet with any gentlemen impowered by yourselves, to 
debate and determine the [bounds and] lines betweene vs. 
Wee are willing (if God soe please) that this meeting be 
[att] Rehoboth or Newport, on Rhode Island, at or upon 
the fifteenth of the next December next ensueing, or at or 
vpon the fifteenth of March, next ensueing. Either of 
which places and time (as you please), and signifie vnto 
vs, wee hope [to give] yourselves such satisfaction as may 
evince vs to be studious and lovers [of peace] and right- 



AND TROVIDENCE PLANTATIONS. 75 

eousness ; and, sirs, your very respective and affectionate 1664. 
loving neighbours. v-tf^-v-^w 

JOSEPH TORREY, 

Generall Recorder. 
In the name and by the order of this Generall Assem- 
bly of the Collony of Rhode Island and Providence 
Plantations, mett the 26 of October, 1664. These 
for the Right Worshipfull Thomas Prince, Esc|uire, 
Governor of the Collony of New Plymouth, in New 
England, with care. 



Ordered, That the expences that those men that are charge of 

'- the Commis- 

commissionated to treat with the Connetticott Commis- ^^o^.'^^o^J"^,^^ 
sioners, the whole charges shall be borne by the Generall *^°'^°°''- 
Assembly. 

Ordered, that the Governor, Mr. Card and Mr. Zacha- 
riah Rhodes be appointed to view and audit ]Mr. John 
Clarke's accounts. 

The returne of the Committee that weare to take care 
about the intruders into the Collony. 

Forasmuch as it is well knowne vnto vs by credible wit- capt. hu.i- 

•^ son and 

nesses that Captaine William Hudson and Richard Smith, f^?Jh'or- 
Sen'r, the one an inhabitant in the Narragansett [coun- arreL'd."'' 
try], the other of the towne of Boston, in the Massatusitts 
Collony, have both of them [taken upon] them the office 
of magistrates, and have acted and officiated therein with- 
in the bounds of the Collony, as in marrying people, &c., 
and making vse of the sayd offices without any lawfull call 
therevnto, contrary to the intent and purport of his [Maj- 
estyes] noble Charter granted to this Collony of Rhode Is- 
land and Providence Plantations, within the Narragansett 
country, is in exprese words included and comprized, &c.: 
soe not to acte any thinge in matter of judicature without 
order or power from this sayd Collony. It is therefore or- 
dered by this Assembly, that the Generall Sargant shall 
take such ayd as hee thinkes meet, to attach and arrest 
the bodyes of the abovesayd Captaine William Hudson 



76 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. and Richard Smith, Seniour : and to keepe them or com- 
^-*'^^'-'^*^ mitt them to safe custodye, to be remitted to this towne of 
Newport to answer before the Governor or deputy Gov- 
ernor, for what they have transgressed in, or otherwise to 
take bond of them to the value of three hundred pound 
apiece, to answer heare at Newport, before the next Gen- 
erall Assembly the first Wednesday in the month of May 
next ensueing, for their assuming such power to them- 
selves, and vsurping such offices contrary to his Maj- 
estyes grant aforesayd. It is alsoe ordered by the 
authority aforesayd, that in case the General! Sargant 
should not meet with the aforesayd Captaine William 
Hudson within this Collony whereby to apprehend him, 
that then power is given by the authority aforesayd, to 
any magistrate, constable, or any other publicke officer, to 
seize vpon him by vertue of this order, and to followe the 
contents therein, as abovesayd. 

It is farther ordered, That the magistrates concerned in 
this acte, shall issue forth noe warrant as to the premises 
vntill after the last day of this instant moneth, Novem- 
ber. 

Ordered, That four men shall be chosen to treate with 
fo°tTe'^"wuh men that shall be chosen by Plymouth, about the difter- 
^'"°'' ' ence that is betweene them and vs.. The men chosen are 
Mr. William Brenton, Deputy Governor, Mr. Roger Wil- 
liams, Mr. William Baulston, Mr. Randall Howlden, and 
if he refuse, Mr. Zachariah Roades. 

Ordered, That Mr. Thomas Olnye, Mr. John Clarke 
and Joseph Torrey are appointed to draw vp a commission 
for the aforesayd Commissioners that are to treate with 
Plymouth men. 

The Committee that was appointed to draw vp a Com- 
commission missiou for Mr. John Clarke, Capt. John Green and Mr. 

for rJnmmit- *■ 

Joseph Torrey making their returne, having drawne vp 
two, and they having been read in Court, the Court have 
graunted leave to them that are commissioned to consider 
till after dinner, which they please to accept. 



for Commit 

tee, 



AND PROVIDENCE PLANTATIONS. / / 

Ordered, That the two commissions drawn vp for the 1664, 
commissioners that are apoynted, be committed to Mr. ^-«»^v-^«*-' 
Roger Williams and Mr. John Card, by them to be fully 
compleated, and presented to this Court on Monday next, 
then to be confirmed. 

The Court adjourned vntill Monday, at 8 o'clock in the 
morning. 

The Commissions that have been drawne vp by JMr. 
Roger Williams and John Card, having been reade more 
than once in open Court, are voted and approved of. 

Vpon the debate that hath been concerning the addition Mr. John 

^ ° Clarke to be 

to the account that is found due to j\Ir. John Clarke, vpon^'^''^- 
the bailance of the account by the Committee appoynted 
to audit his accounts *, It is ordered, that Mr. John Clarke 
shall have from the Collony one hundred and forty- one 
pound current pay of the Collony, to defray his disburse- 
ments for his ordinary expences in England : and the 
whole sume that the Collony doth owe as appears vpon the 
account found by the Committee and owned by the Court, 
is one hundred and one pound and five shillings, and six 
pence, to be payd in England ; and one hundred pound 
given by the Generall Assembly, November 24, 1663, 
the whole amount comes to three hundred and forty-three 
pounds, thirteen shillings, sixpence ; whereas as before, 
one hundred and one pounds, five shillings, sixpence to be 
payed in England. 

Ordered, That a Committee be chosen for to view the 
former orders that have been to rayze money for Mr. 
John Clarke formerly, and to see what hath been rayzed 
on each towne ; the Committee is Captaine John Greene, 
Mr. Zachariah Roades, Mr. William Woodall and Joseph 
Torrey. 

Ordered, That vpon the consideration of the charges Rate of 
and disbursements of Mr, John Clarke, in England, and 
his returne hither, &c., and other charges that the Collony 
is justly indepted to other parsones. This Court doe or- 
der that a rate of sixe hundred pounds be levied on the 



78 



1664. Collony, and every towne and place of the CoUony to 
-''■^^'^*-' beare an equall proportion of the aforesayd rates. 

Ordered, That Petacomscot shall pay twenty pound of 
the rate abovesayd. 

Ordered, That Block Island inhabitants shall pay the 
sume of fifteene pound to the aforesayd rate. 

Ordered, That the towne of Providence and the towne 
of Portsmouth shall pay each of them one hundred pounds 
apiece to the rate aforesayd. 

Ordered, That Warwick shall pay eighty pounds to the 
rate aforesayd.* 



[* The town of Warwick objected to the rate levied on it by the Colo- 
ny, for its proportion of the sum required to pay Mr. Clarke for his ser- 
vices in procuring the Charter, and sent the following memorial to the 
Governor and Council in relation thereto.] 

Warwicke, 12th December, 16G4. 
Honored Sirs : 

Those orders made in the Assembly convened in this Collony, being 
now read in this towne of Warwicke, there apeareth a generall desisting 
and dissenting from the aprobation of that rate now imposed upon this 
towne of Warwicke, which concernes the accommodation of Mr. John 
Clarke, conceivinge it to be, without any ground of equitie; not under- 
standing how his employment in England amounts to such a sum as with 
respect unto this towne, to have such a taxation and charge laid uppon 
lit; our reasons are as foUoweth: 

1. First, we understand that there were none of the Deputyes of this 
towne present, in the Assembly, when the I'ate was made, being with- 
drawen through sicknes and other urgent occasiones, or else expelled the 
Assembly uppon the displeasure of some particular men, and that with- 
out try all of the case, whether just or injurious, although it was freely 
offered and earnestly desired. 

2. Mr. Clarke was at the first sent out, only by the men of Roade Is- 
land upon their owue particular affaires and occasiones, concerning the 
said Hand; at Avhich time, wee upon the maine, were constrayned 
to send over Mr. Roger Williams to prevent dangers, which we saw were 
like to ensue, in wrongs intended against all the rest of the Collony; 
which voyage of Mr. Williams was very chargable to us, and allso trou- 
blesome to procure silver at that time for his transportation and occa- 
siones. And this relation of Mr. Clarke to Road Hand continued divers 
years, only Mr. Williams of his own accord delivered divers papers to 
Mr. Clarke, which concerned the towne of Warwicke, which papers we 
have desired to have returned, but have not yet obtayned them. 



AND PROVIDENCE PLANTATIONS. 79 

Ordered, That Newport, Cononicutt, and that which is 1664. 
levied on Block Iknd, shall pay the one halfe of the rate '-•'~^^*^ 
aforesayd, and that 

Cononicutt is to pay thirty sixe pound to the rate 
aforesayd. 



3. Wee know that Mr. Clarke did publiquly exercise his ministry in 
the word of God in London, as his letters have made report, as that being 
a cheefe place for his proffitt and preferment, which we doubt not brought 
him in good meanes for his maintainance ; as allso he was much employed 
about modelizing of matters, concerning the affaires of England as his 
letters have declared ; in which noe doubt he was iucouradged by men of 
noe small estates, who in all lieklyhood did communicate liberally unto 
him for such his labours and studies. 

4. It is of latter dayes, that he hath been imployed as an agent, for 
the Collony ; therefore letters were writt to others, about the time of the 
coming in of the King, to desire their indeavours, in the behalfe of the 
affairs of this Collony, as haveing noe other to look after them in those 
partes, soe that we doe much wonder, that such a sum of money should 
be charged uppon this towne, being it hath so laitly been at such cost 
and trouble, to returne bills of exchange to London, to defray Mr. 
Clarke's engadgments. And more especially in that the greatest matter 
of charge in procuring his Majesties letters pattents (in all likelyhood), 
was freely and honorably given unto the Collony by the Lord Chan- 
cellor. 

5. Wee conceive that it is very necessary to have the boundaries of 
the Collony knowne and established, before any such taxation be put up- 
on it, that so it might apeare, who ought to be brought in for the ease of 
the whole, in bearing their proper share thereof, although the bounds of 
W arwicke be made and continued very scant. With respect to others 
of the townes, whilst they fetch in their territories from our doors, and 
joyne them to those who are more remote ; as allso, whereas certaine 
lands were apointed towards the defraying of our charge, in sending over 
Mr. Williams to the intent abovementioned. The men of Road Hand are 
permitted to intrude most injuriously upon them and take them away 
from us. 

G. Wee intreat this favour, that if any thing must be charged upon 
Warwicke, concerning this accoumpt that it may be levied on these In- 
dians so suffered to remain amongst us, who have so many yeers injuri- 
ously intruded upon our best lands, which should have been the principal 
means of our livelyhood, with the purloyuing and destroying our goods, 
to our great abuse, and weakening of our estates, so that we cannot put 
forth ourselves for publique uses, so as otherwise we might have done ; 
neither find we any reliefe from the Collony. Lett them that are sufered to 
devour our strength and livelyhood, together with the provision for our 
children hereafter be caused to pay for their soe doing. 

7. Warwicke men have have done noe lesse for the Collony, than Mr. 



80 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. Ordered, That the Island called Patience is added and 
^-"l"-^'-"^ ad joy lied to the towne of Portsmouth. 
Island to be Thcro haveins; been much debate and serioues consider- 

added to "^ 

Portsmouth. ^tioH about the discharo:e and clearino; of one hundred 



Clarko hath done, uppun their owne charge, travell and losse of time, 
never receiving a penny from any of the other townes ; for wlien the men 
of the Massachusitts had procured a Charter, for the most part of all this 
Coljony, under the name of vacant, waste and uninhabited lands, if War- 
wicke men had not opposed it, and so the deceipt thereof had been 
brought to light, otherwise they would have got it confirmed unto them 
in that time of the hight of their creditt in England. And then had this 
Collony been noe Coliony, but only an inlargement unto another. And 
they had at that time, both ministers and magistrates and others, plead- 
ing their cause, that the said Charter might be authentick and take effect, 
which was prevented by Warwick men only ; and should men be disre- 
garded in point of any gratifycation and reward ? yett, lett their actions 
speake, to testify the truth, so as to prevent the imposition of too hard 
burdens to be layd upon them. And more especially, lett not Warwicke 
men's act be too much disrespected; for if that Charter soe gott by the 
Massechusetts, had taken place, wee beleive they would have taken place 
upon Couanicott before Road Hand men, though we have cause too think 
that Roade Hand in those dayes had tlioughts to have been allowed to sepa- 
rate from the maiue ; which if it had , we doubt they would have had ill neigh- 
bours, and would hardly have continued long, but would have been either 
pent in or swallowed up, but without all peradventure, they would not have 
had such large portions of land upon the maine, as now they have, though 
charge was given, that in case this Collony should prove, to fall within any 
other pattent,upon due search,yet should Warwick men possesse their lands 
and possessions, which we have to shew, neither should any lay claime 
unto any part of this Collony, till it was determined by the Parliament 
of England; all which was done by "W'arwicke men's meanes in the time 
when the Collonj^s about us, Avere in the licight of their credit in 
England. 

Lastly, we petition all whom it may concern, that if such a mult must 
be raised for Mr. Clarke, for iiis long continuance in England, and 
charge of returne. That it may be levyed by just fines and amerse- 
ments, layd upon such in the Collony as have not only gone aljont, but 
allso have betrayed the Collony, and such as have injuriously intruded 
violently upon the Collony, together with such as have proudly and as it 
may seem, intentionally, run themselves into crimes of a higher nature, 
and by the taking of such just and deserved forfeitures, the Collony may 
be eased of this present great taxation. 

Secondly, it will be much for the honour of his Majesties power safely 
derived upon the Collony in the eyes of all trew subjects. 

Thirdly, it will be the safety of the Collony for time to come, that none 
shall hereafter attempt such proud contentions and irregular enterprizes, 



AND PROVIDENCE PLANTATIONS. 81 

and fiftye pound in England, which is ingaged by Mr. 1664. 
John Clarke, as the Collonye agent, for which hee stands ^--^^v--"*^ 
firmly ingaged to pay ; this presant Court doe order and England. ' 
declare, and by this present act ingage to procure and de- 
liver vnto the aforesayd Mr. John Clarke, in current bill 
or billes to the full value of one hundred and fiftye pounds 
current in England, and the same to be procured and de- 
livered to him or to his order, here by the eighteenth of 
this instant, November ; or else to pay three hundred 
here in wheat, at four shillings, sixpence per bushell ; 
pease, at three shillings, sixpence per bushell ; porke, at 
three pound, ten shillings per barrell, or in horses or cat- 
tle equivalent ; and this to be payed here, by the last 
day of February next ensueing, by the severall townes 
proportionally, according to the proportion that by the 
former order of this Court they are ingaged to pay. 

It is farther ordered, That the remaynder of the rateKemaindtr 

•' part rate tt> 

first sett, which is six hundred pound, which rem ay nder'^^p'^"^ 
is two hundred pound, is to be payed by the last day of 
February next ensueing the date hereof, if payed in pro- 
visiones or horses : and what is or shall be payed in cattle, 
to be payd by the first day of May next ; and this to be payd 
in any sort of provision according to the usual rate that it 
doth pass at amongst vs ; and this the severall townes are 



against his Majestic and the Collony, when they see and remember how 
justice have been executed upon such intollerable offenders. And so we 
trouble you noe further at this time, but remaine your servants in all le- 
gall and necessary demands and enterprises. 

Signed in the name and by the order of the towne of Warwicke. 

EDMUND CALVERLY,. Towne Gierke. 
To the honored Governor, deputy Governor and Counsell of the 
Collony of Koade Hand and Providence Plantations, in New 
England. These, with trust present. 
This was delivered to the Governor about the IGth or 17th of Decem- 
ber, 16G4, on a Thursday morning, at his house in Newport, by me. 

EDMUND CALVERLY, Towne Clerk. 
[This letter from Warwick was taken up and acted on at the March 
session, 1GG6.] 

VOL. II. 6 



82 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. ingaged to take care of, to see it accomplished and deliv- 
^-^~>'-"*-' ered to the Generall Treasurer or to his order, according 
to the time prefixed. 

Concearning tlie rates that were before ordered, it is 
thought fitt and requsite and by this Court ordered, that 
the severall townes are hearby required within five 
dayes time after the orders of this Court comes to their 
magistrate or magistrates hands, that the sayd magistrate 
or magistrates shall be required to call the inhabitants of 
the respective townes together, to make the rate that is 
levied on the sayd towne, and soe to make vse of the 
power of the towne to gather the sayd rate, and to have it 
in readiness according to the prefixed time expresed be- 
fore ; and in case any refuse to pay what is levied on him 
or them, then the magistrate or magistrates, one or more 
agreeing, shall grant forth a warrant to the Generall Sar- 
gant to take it by distraynt, from all such refuseing per- 
sones what is levied on them, and to make returne thereof 
to such whom the magistrate shall appoynt to receive the 
same for the vse aforesayd ; and for his paynes sball have 
five shillings vpon the pound over and above the sayd 
rate for his paynes and attendance ; and what he shall 
distrayne to prize and value after the prizes already sett, 
and to returne the overplus to the person from whom hee 
took the same. 

Ordered, that Mr. Roger Williams, Mr. John Sanford 
and Joseph Torrey are to take these letters that were 
formerly drawne vp to Plymouth and Connecticutt, and to 
enlarge them something, as they shall judge suitable, and 
present them to the Court to be confirmed. 

Ordered, that the letter drawne vp to be sent to Ply- 
mouth, is approved by the Court. 

Ordered, that the letter drawn vp for Connecticutt is 
approved of. 

There being a petition presented by Sarah Parker for a 
release from her husband, the Court considering the 



Af^D PROVIDENCE PLANTATtONB. 83 

Weight of the matter doe wave it for the present, and 1664. 
leave the finall determination of it to the next Generail ^-*-~v-^«-' 

. , , ., Petition of 

Assembly as they see cause. saiah 

•^ •' _ Parker. 

Ordered, that for the future, or till farther order from, The order 

for warning 

or by the authority of the Generail Assembly, that all ;J^|^'Vf/'' 



I jury 
men. 



deputy es or jurors for their respective services shall be' 
chosen by free vote in the townes respectively in their 
towne meetings, for that purpose ; and such who are soe 
deputed and chosen there, shall immediately goe forth an 
order from the Towne Clarke to the Towne Sargant for 
him to give notice and warning to the persons chosen, at 
the least fewer dayes before the sayd respective Courts or 
meetings of the Generail Assembly or Courts of Trialles ; 
and if the Towne Clarke shall faile in his duty hee shall 
forfeit fortye shillings to the Generail Treasurer ; and if 
the Towne Sargent faile in his duty, hee shall forfeit 
twenty shillings to the Treasurer aforesayd, and to be 
levied and payd without faile by a distringas from the 
Generail Recorder, and noe plea or wager of law to be 
admitted against the distringas, and the warning above- 
sayd shall be esteemed lawfull warning if the Sargant be- 
foresayd shall leve the warning with any capable person of 
the house of the partye chosen. 

It is ordered and declared by this Assembly and by the The law for 
authority thereof, that in the electing of Governor, deputy ^'^^^f^fjp 
Governor, or any other magistrate or officer in this CoUony, of ^sistants 
that whereas there may happen a division in the vote soe 
as the greater halfe may not pitch directly on one certaine 
person, yett the person which hath the most votes shall be 
deemed lawfully chosen. And further, it is ordered and 
declared by the authority aforesaid, that if hee who is 
chosen, whether as aforesayd or by the greater number of 
all the votes, doe refuse to stand and serve in the office he 
shall soe be elected to, that then the Generail Assembly, 
consisting only of the Governor or deputy Governor, and 
sixe or more Assistants, together with the Deputyes 
chose by the Townes, or as many of them as shall be 



84 RECORDS OF THE COLONY OF RHODE ISLAND^ 

1664. there personally present, are, according as is enjoyned io 
'-'^^^''^ his Majesties letters patients, to proceed presently to the 
electing of another person to supply the roome of the re- 
fuseing partye vntill the sayd place be supplyed. 

There being an account presented to this Court by Capt. 
cJeen^e^and John Grccne and Joseph Torrey, for their being employed 
rey'TaJ'^'to Rchoboth on the Collonyes occasiones to treat with the 
Massatusitts Commissioners in May last, for their expences 
there, and for attendance on them, which account comes 
to five pound, four shillings and ten pence, of which they 
have receiued in money twelve shillings, the account is 
fully owned, and ordered to be payd the Generall Treasu- 
rer, as appears by this order following. 

Ordered, that the bill presented by Mr. John Greene 
fndMSr-^i^'i Joseph Torrey concerning their being employed on the 
ceK'" *'"' Colloneys account to Secuncke, alias Rehoboth, is ap- 
proved and accepted. 

Ordered, that Capt. John Greene and Joseph Torrey, 
for their going to Secuncke, alias Rehoboth to meet with 
the Massatusitts Commissioners, shall have twenty shil- 
lings apiece for their own travill thereon. 

Ordered, that Mr. Zachariah Roades, Mr. John Cog- 
fee^on Mr'' g^shall, Mr. John Sanford, and Joseph Torrey are appoint- 
ctarle'sac- cd a Committce to take the accounts of Mr. John Clarke, 
and to repaire to the Governor to crave his help to cleare 
the summes of money that were brought in by severall 
persones formerly to be sent for England to supply Mr. 
John Clarke. 

Ordered, that the bill of charges presented by Mr. John 
clid'fbiii C^i^^^j which hee expended on Capt. George Baxter and 
accepted. ^^[0 mau that was hired to bring the Pattent from Boston 
to the Island, is accepted of, and ordered to be payed. 
Ordered, that the charges that have been expended by 
Giarke^s"" Mr. Johu Clarkc, Capt. John Cranston, and Mr. WilUam 
charges, 4c.p^^^^ shall bc bomc by the CoUony. 

Ordered, that the hearing, considering, receiving and 
ordering the accounts of expences that are defrayed 



AND PROVIDENCE PLANTATIONS. 85 

towards the voyage of the three men aforesayd, the whole 1664. 
care thereof is referred to the Governor and Counsill, or "^^"^^^"^^ 
soe many of them as shall be procured together about it. the Govem- 

Ypon the consideration that hath been vpon the Petition J^'l^.-^^^^ 
presented by John Samson and Johannah Folgiour, who ^X°;^^^°** 
weare indicted at the last Generall Court of Trialles for finlfremit- 
fornication, and referred themselves to the Court, and 
weare adjudged to pay fortye shillings apiece, or be 
whipt : this Court doe order that the one halfe of their 
fine or punishment be remitted. 

Vpon the consideration of Thomas Durfees petitions Noe remis- 

^ /^ ionofThos 

that have been presented to this Court for remittino; the^"'^««'^ 

i o tine. 

fine that was layd vpon him by the late Court of Trialles, 
for breach of his bond in October last : this Court doe not 
see cause to remitt any part of his fine. 

Vpon the consideration of Peter Tallmans petition, Thos.our- 

. fee sent for 

wherein hee complaines that by reason of the insoelent-?^'^<^^a'i°io°- 
carriadge of Thomas Durfee with the sayd Tallmans wife, 
and the danger therein he expresseth hee stands in by 
reason thereof, &c. : the Court doe order that the sayd 
Durfee be sent for, and admonished for his vnsuitable 
carriadge before the Court. 

Ordered by this Court and the authority thereof, that Each towne 
each towne of this Collony shall have a good and sufficient paiA7 '^ 
paire of stockes or cage, to secure offenders in, betweene 
this and the twentye fifth of March next ; and what towne 
shall fall short of the performance hereof, shall forfeit ten 
pound to the Collony. 

There haveing been two Generall Assemblyes, the one^i^^j^^^^^^. 
in March, the other in May last past, that the Court did oos °fof ILh 
not order to the Recorder what hee should have for the *'°^^'^' 
coppies of the Courts orders: this Assembly doth now or- 
der that the Recorder shall have from each towne twentye 
five shillings from each towne, for the coppies of those 
Courts proceeds. 

There being an addresse and appeale presented by Mr. ^m. py^e^s 
William Dyre against two verdicts and judgments received ^'""°''' 



86 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. and passed against him by the last Court of Trialles, hee 
'•^"'-^'^^^ prayeth for the reversing thereof ; the vote of the Court 
was not to reverse judgment. 

Ordered, that the petitions presented by Mr. Roger 
Williams, William Harris, Richard Knight and John Eas- 
ton, are referred to the next Court, farther to consider 
and determine. 

Ordered, that the Recorder shall have five pound for 
the coppies of this Court orders, to be equally divided be- 
tweene the fower townes ; alsoe the Seale of the Collony 
to be affixed to each coppie. 

FFINIS. 



Letter from the Governor and Deputy Governor of Rhode 
Island to Colonel Nichols, one of the King's Commis- 
sioners relative to the Narraga?isett Coimtrij.* 

Most honorable and highly esteemed Sire : 

Bee pleased to understand, that by the Honorable hands 
of Sir Robert Carr (knight), wee received his Majestys 
most gratious and Royall letters, bearing date the 23d of 
April, 1664, in the sixteenth yeare of his Majestys 
reigne ; in which is expressed such great and wonderfull 
favour as wee believe can hardly bee equalled or parralel- 
ed from any other Prince unto the best of subjects, much 
lesse to such unworthy and (otherwise despised and) 
©pressed ones as wee are. What to returne unto his 
Royall Majesty that is any way sutable for soe rich fa- 
vours wee know not, but in the sence of the same great 
goodnes to beseech the great God and King of Heaven to 
powre downe his blessings upon our Dread Soveraigne 
Lord the King, and upon all his aflliyres at home and 
abroade ; and in perticuler to blesse, guide and defend 
your Honor, and the others your Honorable Assotiates, his 



From J. Carter Brawn's Manuscripts, No. 50- 



AND PROVIDENCE PLANTATIONS. 87 

Majesties Comissioners in your weighty concernments, in 1664. 
promoteing the Kings Royall intrest in these Parts of the ^--"-v-**-' 
world ; and in puting his subjects here in a posture , as 
may render them in a capacity of serving his Majesty, be- 
ing by his gratious care and goodnes defended from opres- 
sing one another in civill or Religious concernments ; in 
both which, seaverall (yea most) of the members of this 
Colloney have suffered very much under strange pretences 
from the Neighbour Colonyes, and perticularly from that 
of Massachusitts and their principallest Members (or some 
of them at least), the which wee should not now have 
mentioned to your honors ; as indeed wee alsoe forbore to 
incist on them to the Honorable Sir Robert Carr, who 
lately came by here, nor yett to Collonel Cartwright or 
Mr. Maverick, when they passed by, although wee had 
oportunity and great empulsions of minde and reason to 
have layd open all our grievances of that nature, but for- 
bore to administer any trouble to them, and shall forbare 
troubling your Honor with any perticulars' at this time, 
saveing only to represent to your Honors view, that while 
wee suffer, with a patient expectation of a full hearing 
betweene them that wrong us and our selves, before your 
honourable selves (in a short time), who are Comissionated 
by his Majesty to decide the Matter ; those that doe us or 
the Coloney the wrong, have been soe uncivill as to Peti- 
tion those two Honored Gentlemen that were at Boston, 
against the people of this Colony, complaining of strange 
outrages, and violencies, and desire liberty themselves to 
proceed in their coursses, and that those of this Colonys 
members may bee prohibited from building, &c.: which 
strange empudence hath scarcely bene elsewhere found ; 
for those Men that Petition for themselves and others (as 
by the inclosed coppy thereof appeareth), are the persons 
who by violence intrude into the middle of this Colony, 
and there procure and acquire lands contrary to the Law 
in such cases here established, yea, and exercise authori- 
ty, in contempt of his Majesties letters Pattents to us 



88 EECORDS OF THE COLONY OF RHODE ISLAND, 

1664. given ; and that too, since they have beene solemly for- 
^-"^v-^i-' bidden soe to presume ; and for asmuch as the information 
of the sayd Petition came to our hands, just now while 
this is writing. Sir Robert Carre being gone but one way 
before it came, wee could doe noe lesse than to informe 
your Honour thereof ; and alsoe that notwithstanding all 
these provocations from our said neighbours, wee shall 
endeavour to preserve the peace of his Majesties subjects 
in this jurisdiction ; in the meane time and untill our 
cause may have an equall hearing before his Majestyes 
most Honorable Commissioners ; which hearing wee hope- 
fully expect will bee in these few weeks, and humbly wee 
begge your Honour will please to give us if possible it 
may bee some fifteen dayes notice before hand of the time 
appointed by your Honours for a hearing, that both par- 
tyes may bee somoned in, to declare their causes, ettc, 
before your Honorable selves ; as also this wee humbly 
begge for some other reasons, which seeme to us very ne- 
cessary as touching the reception of your Honors, and that 
although they, the other Honored and worthy Gentlemen, 
Sir Robert Carr, Collonell Cartwright and Mr. Maverick 
severaly coming this way at times wholy as then to us un- 
expected ; and soe consequently not in any sutable man- 
ner provyded to entertaine their Honors as wee ought, 
yett their goodnes hath bene pleased to accept that poore 
expressions of ours, as season afforded ; wee must how- 
ever acknowledge that wee have not answered our obliga- 
tions as hath bene meete, but desire to amend for future 
(if possible wee may have some little notice), and to ex- 
press our duties in a more sutable manner ; therein to ex- 
presse our thankfulnes and faythfull alleagience, in all 
humility unto his Majesty, in such his most Honorable 
Comissioners treatment and entertaynment amongst us. 

And now before wee conclude, wee humbly intreat 
your Honour to receive, and present our most humble 
service and thankfull acknowledgments of and for the 
great and high favours, of the more Noble and right 



AND PROVIDENCE PLANTATIONS. 89 

Honorable Earle of Clarendon, Lord Chancellor of Eng- 1664. 
land, in his most Honorable letters sent to this Colony, by '--'-v-^' 
your worthy selfe and Sir Robert Carr, ettc, which sayd 
letter wee alsoe received at the hands of the Honorable 
Sir Robert, aforesayd ; it bearing date Aprill the 28th, 
1664. Your Honors great goodness fully to us appearing 
in your sending the sayd letters, by soe worthy a hand as 
his, for which high favors wee can noe way returne our 
dutifull acknowledgments as wee ought more than by 
praying for a blessing on all your endeavours ; and that hee, 
who hath hither to carry ed on your works for you, will 
still bee your sun and your sheild, and exceeding strong 
defence, and requite you double for the goodnes shewed 
unto us, who begging your Honors pardon for this pro- 
lixity, shall add noe more, but that wee are your most 
humbly devoted, and Sir, in the behalfe of this Colloney 
subscribe us. 

Your Honors more faithfull servants, 
(Signed.) BENEDICT ARNOLD, 
WILLIAM BRENTON. 
Dated Newport, februrary 3, 1664-65. 

As for any farther informations, wee shall humbly 
be bold to refer your Honor to the report of 
this worthy Grentleman, the bearer hereof, 
Capt'n Bolline. Yale. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Ads and orders of the Generall Assembly, sitting at New- 
port, February 23, 1664-65. 

Mr. Benedict Arnold, Governor. 

Mr. William Brenton, deputy Governor. 

ASSISTANTS. 

Mr. John Coggeshall, Mr. Hoger Williams, 

Mr. James Barker, Mr. William Baulston, 

Mr. Joseph Clarke, Mr. John Sanford, 

Mr. William Feild, Mr. Randall Howlden, 

Mr. Thomas Olnye, Mr. Walter Todd. 

DEPUTIES. 

Mr. John Clarke, Joseph Torrey, 

Capt. John Cranston, Mr. William Woodall, 

Mr. John Card, Mr. Lott Strange, 

Mr. Richard Tew, Mr. William Hall, 

Mr. Caleb Carr, Mr. Peter Tollman. 

The Governor chosen Moderator. 

Joseph Torrey, Clarke of the Assembly. 

Vpon the consideration of the great weight that lyes 
vpon the Collony with respect to the treaty that wee are 
mouth Com- called vnto by his Majestyes Commissioners to plead the 
Collonyes interest in poynt of pattent with our friends of 
Plymouth, &c., it is thought good to choose and appoynt 
three able men to attend the said Commissioners at Se- 
conck, on Monday, being the 27 of this instant, there to 
plead and make out on the Collonyes behalfe what may be 
requisitt. 

The three men chosen, are the deputy Governor, Mr. 
William Baulston, and Mr. John Clarke. 



Three men 
to meete 
with Ply 



AND PROVIDENCE PLANTATIONS. 91 

There having been much agitation concearning the 1664. 
aforesaid three men nominated concerning there goeing '-*'~^'^*^ 
to Seconcke, and the deputy pleading their insufficiency 
for to adventure vpon the voyage by reason of the season ; 
the Court doe soe farr weigh and consider their argu- 
ments, that they are excused, and Capt. John Sanford 
and Capt. John Cranston are voted and determined to be 
the two men that are to accompany Mr. John Clarke in 
the design that they are employed vpon before the Com- 
missioners concerning the difference between vs and Ply- 
mouth Collony. 

Ordered, that Mr. Ros-er Williams and Mr. Randall two more 

' ° added. 

Howldon are added and ajoyned to the aforesayd three 
men. 

Ordered, that the letter of credence drawne vp to be ^ letter of 

■■■ credence te 

sent to Sir Robert Carr, Knight, George Cartwright, and ''^ ''''°°'"'^'''^- 
Samuell Maverick, Esquires, is approved of, and ordered 
to be placed to record. 

Ordered, that the Commission that is drawne vp by this commission 

^ •' to be record- 

Court for Mr. John Clarke, late agent for the Collony to'^'^- 

procure a pattent, Mr. Roger Williams, Capt. John San- 
ford, Capt. Randall Howldon, Assistants, and Capt. John 
Cranston, doctor of Physicke and Chirurgerie is approved 
of, and ordered to be placed to record. 

Ordered, that forasmuch as vpon the hearing his Mai- ah charges 

'-' "^ concerning 

estyes gratious letters and the Right Honourable the[_^^°'^;- 
Earll of Clarendon, Lord Chancellor of England, his let-SJr 
ters full of grace and favour vnto this Collony. The As- '^v^tL coT 
sembly is fully informed of that which is incumbent vpon 
the Collony respecting the treatment as to wayting vpon 
the honourable Commissioners sent by his Majestye to vis- 
itt the severall CoUonyes in New England, and in per- 
tickelar this Collony : as alsoe for the hearing and issue- 
ing the differences concearning the bounds betwene this 
Collony and the other Collonyes, as pertickelarly alsoe ap- 
peareth by letters from the said honourable Commissioners : 
and the Assembly seeing it requisitt accordingly to order 



92 RECORDS OF THE COLONY OF RHODE ISLAND, 

1664. and appoynt as abovesaid some of the Collony to repairs 
-^'^^^'^^ to Seacunck to wayt on their honours, and that to the end 
in part as afore premised : the Assembly doe agree and 
order, that the whole charge of the reception and treat- 
ment of the said Commissioners honours and attendance, 
as alsoe of any that shall bee or are employed in treatyes, 
or on voyages for or about the wayting on the said hon- 
ourable Commissioners, and any other matter of charge of 
any way relating to the premises, shall be borne and de- 
frayed by the whole Collony in just proportion, according 
to estates, &c. 

It is ordered, that Mr. John Coggeshall, Generall Trea- 
reno pro-""" surer, is fully impowered to doe and immediately to prese 

Tide things • ji i i 

fitting, and eithcr boats or vessels, or any other matter or thmo-s nec- 

charpe it to •^ O 

the Collony. gggj^jy fQj, ^^-^^ furtherance of them appoynted to goe to 
Seaconcke as respecting provisions, attendants, &c., out 
and home ; and for the reception and entertaynment of 
the honourable Commissioners, and what he takes for that 
occasion, to give bills to each party e charged, on the 
Generall Treasurer, to be thereout payd on the Collonyes 
account ; as soone as possible a rate may be made and 
returned into the said Treasury, therefore 

It is ordered, that for any further care for the manner 

or^'andcoun-of the cntertaynment of the honourable Commissioners and 

pointacom- ought relating thervnto or to the treaty e of or about the 
bounds and limmits of the Collony, that it be left to the 
Governor, deputy Governor, and as many of the Counsel! 
as can be gott timely together, to apoynt parsones and 
commissionate them in those matters ; and any other 
thinge to order as there shall appeare vrgent occasion re- 
quiring the present exicution relating to the premises. 
It is ordered, that the orders of this present Assembly 

^o^!a';e*? be forthwith exhibited under the Scale of the Collony by 
the Clarke of the Assembly, and that he shall have seven 
shillings for each coppie to each towne, and that hee doe 
send to each towne a coppie vnder the Scale, within twen- 
ty dayes after this date. 



AND PROVIDENCE PLANTATIONS. 



Order frora the King's Commissioners to the purchasers of 
Misquamucuck.^ 

Wee, by the power given us by his Majesty's commission, having 
heard the complaints of some of his Majesty's subjects, pu»chasers of 
certain lands called Misquamocuck, lying on the eastern side of Pawca- 
tuck river, and having likewise heard all the pretences of those by whom 
the}^ have suffered great oppressions, and considering the grounds from 
■whence these differences and injuries have proceeded, and endeavoring 
to prevent the like for the future, do declare, that no colony hath any 
just right to dispose of any lands conquered from the natives, unless 
both the cause of that conquest be just, and the lands lie within those 
bounds which the King by his charter hath given it : nor to exercise any 
authority beyond those bounds, which we require all his Majesty's sub- 
jects to take notice of for the future," lest they incur his Majesty's dis- 
pleasure and suffer deserved punishment. We likewise declare that all 
those gifts or grants of any lands lying on the eastern side of Pawcatuck 
river, and a north line drawn to the Massachusetts from the midst of the 
ford near to Thomas Shaw's house, and in the King's Province made by 
his Majesty's colony of the Massachusetts to any person whatsoever, or 
by that usurped authority called the United Collonies,to be void; and we 
hereby command all such as are therein concerned to remove themselves 
and their goods from the said lands before the nine and twentieth day of 
September next, in the mean time neither hindering the Pequot Indians 
from planting there this summer, nor those of the King's Province who 
are the purchasers, from improving the same, as they v/ill answer the 
contrary. 

Given under our hands and seals at Wai'wick, April the 4th, 1665. 

ROBERT CARR, 
GEORGE CART WRIGHT, 
SAMUEL MAVERICK. 



Order from the King's Commissioners to the Magistrates of 
the King's Provinces, or Narragansett Country. 

Whereas, by the authority given vs by his Sacred Majesty, our dread 
Soveraigne, to provide for the peace and safety of all his Collonyes heare 
in Americah, and in a more especiall manner for that part of it called the 
Narragansett country, and by his Majestye, commanded now to be called 
the King's Province : wee did by commission vnder our hands and Seales 
dated at Petaqumskocte, March the twentieth, 1664, appoint, authorize 
and in his Majestyes name require Benedict Arnold, William Brenton, 
Esquires, John Coggeshall, James Barker, Joseph Clarke, William Feild, 



From Potter's IlUtorj of Narragansett, R. I. Ilis. Coll. vol. iii. p. 2G2, 




94 RECORDS OP THE COLONY OF RHODE ISLAND, 

1664. Thomas Olnye, Robert Williams, William Baulston, John Sanford, Ean'- 
^^—^^,^. clall Howldon, Walter Todd, John Porter, and John Greene, gentlemen, 
to exercise the power and authoritye of justices of the peace or magis- 
trates, throughout the whole compasse of this his Majestyes Province ; 
and to doe whatever they thinke best for the peace and safety of the sayd 
Province) and as neare as they can to the English lawes till his Majes- 
tyes pleasfier be farther knowne therein; and in matters of greater con- 
sequence, any seven of them^ whereof the Governor or deputye Governor 
shall be one, shall be a Court to determine any businesses Our intent and 
meaninge was, and is, that the sayd Commission should be noe longer in 
force then vntill the third of May next; and that then and thence forward, 
the Governor and deputye Governor, and all the Assistants for the time 
beinge of his Majestyes Collony of Ehode Island, &c., shall be justices 
of the peace, and therefore by the power given vs from his Majestye, wee 
order and appoynt the Governor and deputye Governor and all the As- 
sistants of the sayd Collony for the time being, to be and to exei'cice the 
authority of justices of the peace in this the King's Province, and to doe 
whatever they thinke best for the peace and safety of the sayd Province, 
and as neare as they can to the English lawes, till his Majestyes pleasure 
be farther knowne therein ; and in matters of greater consequence, any 
seven of them, whereof the Governor or deputye Governor shall be onej 
shall be a Court to determine any businesses 

Given vnder our hands and seals at Warwicke, Aprill 8th, 1665. 

ROBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUELL MAVERICK. 

Second Order from the Commissioners to the Magistrates of 
Rhode Island,* 

Boston, August 2d, 1665. 
Gentlemen : 

Whereas at our being at Pctusquamscutt, wee ordered, that all the in- 
habitants within the King's Province of Narragansett, should quit the 
place and go off thence by the end of September next, and having cousid' 
ered the time limitted is too short, and may and will be prejudiciall to the 
aforesaid inhabitants, wee therefore desire and order, that all now in pos- 
session (or who heretofore have been), may remaine in quiett posses- 
sion, of whatever formerly they had, untill the King's pleasure be further 
knowne, and wee shall alwayes remayne. 

Your loving friends, 

ROBERT CARR, 
SAMUELL MAVERICK. 
To the Justices of the Peace and Magistrates of Rhode Island, ap- 
pointed by us, his Majesties Commissioners, to governe and regu- 
late the King's Province untill his Majestyes pleasure bee further 
knowne. 



* From J. Carter Brown's Manuscripts, Vol. i. No. 



AND PROVIDENCE PLANTATIONS. 95 

1664. 

Gentlemen : ^v^^^v— *»' 

Tis well knowue to you all that I was not at Petasquamscutt, when the 
former order was granted, but being fully informed by particular advice 
from Sir Robert Carr and Mr. Samuell Maverick, of the necesKity of my 
concurrence with them, bee pleased to take notice, that I do by these 
presents joyne with them, in their above written desire and order, that 
all now in possession or heretofore have been in possession of what ever 
foi'merly they had, untill his Majestyes pleasure bee further knowne. In 
confidence of your complyance to this present regulation by his Majes- 
ties Commissioners, I have hereunto sett my hand and scale j this 15th 
day of September, 1665, in Fort James, in New Yorke. 

RICHARD NICHOLLS. 
To the Justices of the Peace and Magistrates of Rhode Island, ap- 
pointed by his Majestyes Commissioners, to governe and regulate 
the King's Province untill his Majestyes pleasure bee further 
knowne. 

Third Order from the Commissioners of the United 
Colonies* 

Whereas, by a former order, bearing date March 20th, 1664, at Pete- 
quomscut, it was then ordered, that all the inhabitants within the King's 
Province of Nanhyganset should quit their habitations and plantations in 
the month of September following, we have, upon serious consideratiouj 
thought fit to order and appoint, and by these presents do order and ap- 
point that the said former orders shall not remain in force ; that the inhab- 
itants of the Kings's Province of Nanhyganset shall remain in quiet and 
full and peacable possession of all their lands and houses and possessions 
of all their lands and houses and appurtenances, until his Majesty's plea- 
sure be futher known, any order before made or granted to the contrary 
notwithstanding. 

Given under our hands and seals, the 15th of September, 1665. 

RICHARD NICHOLLS, 
ROBERT CARR, 
SAMUEL MAVERICK- 



* Hutchinson Papers, Mass, Hist. Coll. 3d Ser., vol. i. p. 221, 



96 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. 



Acts ancl Orders of the General! Assembli/, sitting at New- 
port, May the 3, 1665. 

Mr. Benedict Arnold, Governor. 

Mr. William Brenton, deputy Governor. 



ASSISTANTS. 



Mr. John Coggeshallj 
Mr. James Barker, 
Mr. Joseph Clarke, 
Mr. William Feild, 
Mr. Thomas Olnye, 



Mr. Roger Williams, 
Mr. William Baalston, 
Mr. John Sanford, 
Mr. Randall Howldon, 
Mr. Walter Todd. 



DEPUTIES. 



Mr. John Clarke, 
Mr. John Card, 
Capt. John Cranston, 
Mr. Edward Smith, 
Mr. John Gould, 
Mr. William Weeden, 
Mr. William Carpenter. 
Mr. Zachary Rhodes, 
Mr. James Ash ton, 
Mr. Henry Browne, 
Mr. Samuell Wilbore, 



Mr. John Briggs, 
Mr. Robert Hazard, 
Mr. Phillipe Sherman, 
Mr. Samuell Gorton, 
Mr. John Weekes, 
Mr. Richard Carder, 
Mr. Edmund Calverly. 

Added for Block Island. 
Mr. James Sands, 
Mr. Thomas Terrey. 



The choyce for the yeare following are these : 
Mr. Benedict Arnold, Governor, chosen and engaged. 
Mr. William Brenton, deputy Governor, chosen and 
engaged. 

Mr. John Card, Assistant, chosen and engaged. 
Mr. James Barker, Assistant, chosen and engaged. 
Mr. Edward Smith, xVssistant, chosen and engaged. 



AND PROVIDENCE PLANTATIONS. 9 

Mr. William Carpenter, Assistant, chosen and engaged. 1665. 

Mr. Arthur Fenner, Assistant, chosen and engaged. --.*^v-^» 

Mr. John Browne, Assistant, chosen and engaged. 

Mr. William Baulston, Assistant, chosen and engaged. 

Mr. Samuell Wilbore, Assistant, chosen and engaged. 

Mr. Randall Howldon, Assistant, chosen. 

Mr. John Greene, Assistant, chosen and engaged. 

Joseph Torrey, Generall Recorder, chosen and engaged. 

Mr. James Rogers, Generall Sargent, chosen and en- 
gaged. 

Mr. John Coggeshall, Generall Treasurer, chosen and 
engaged. 

Mr. John Easton, Generall Atornye, chosen and en- 
gaged. 

Mr. William Dyre, Generall Solissiter, chosen and en- 
gaged. 

The Governor chosen Moderator. 

Joseph Torrey, Clarke of the Assembly. 

Ordered, that this following shall be the forme for en- 
gaging all officers in this Collony, called to place of pub- 
licke concernment, &c., for the administering of justice, 
(viz.) : 

Whereas, you are, A. B., by the free vote of the freemen: 
of this Collony of Rhode Island and Providence Planta- 
tions, &c., called and chosen vnto the place and office of 

, in the said Collony, &c., doe sollemly engage 

true eleagance vnto his Majestye, his heires and success- 
ors, to beare, and in your said office equall justice and right 
to doe vnto all persones within this jurisdiction to the vt- 
most or best of your skill and ability without partiality, ac- 
cording to the laws established, or that shall be established 
in this said jurisdiction ;* and this engagement you make 
and give vpon the perill of the penalty of perjury. 



* At the General Assembly, May the 1st, 16G7, these words, 
voted to be added, viz. : " according to the Charter." 
VOL. II 7 



98 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. The reciprocall engagement is as follows, ordered to be 
-^-^'^*-' given by he that takes or administers the abovesaid en- 
agement. 

I doe, in the name and behalfe of this Collony, &c., re- 
The ingage- ingage to staiid by you and to support you by all due as- 
officers. sistance and incouradgment in your performance and 
execution of your aforesaid office according to your en- 
gagement. 

Ordered, that the forme of engagment aforesaid shall be 
vsed vntill further order ; any former order or forme vsed 
or prescribed to the contrary, or differing herefrom not- 
withstanding. 

Ordered, that what Mr. Calverly hath to present to this 
-Assembly, shall be presently read. 

There being somethinge presented vnder the hand of 
Mr. Edmund Calverlye in answer to what the Court pro- 
posed to him the last night vpon the pervseall thereof, the 
Court doe determine that what, is presented doth noe way 
answer what was expected. 

"Whereas, this present Court hath been long in the agi- 
Mr. caiver- tatlou of a ccrtaiue bill or petition presented by Mr. Ed- 
mund Calverly to the Generall Assembly sitting at New- 
port, October the 26, 1664, in which bill or petition the 
said Calverly did charge Benedict Arnold, the present 
Governor, with crimes of a very high nature, with respect 
to mal administration and exicution of his office, and 
therevpon the said Governor did earnestly petition the As- 
sembly that he might be forthwith brought to his triall in 
order to be legally either acquitted or condemned with re- 
spect to the premises, &c. 

And this present Assembly did (as in justice they 
were bound) require the said Calverly either to acknow- 
ledge his error in soe charging the Honored Governor, or 
else to proceed to make out his charge ; and forasmuch as 
the said Calverly did not come forth to make probation of 
what hee had charged, although hee was often vrged 
thereto with hints that it would be taken for granted in 



AND PROVIDENCE PLANTATIONS. 99 

case hee forbore, though hee was not able to make proofe 1665. 
of the thmgs charged. Therefore, this present Assembly '-*'^^'''*-' 
cloth judge that the aforesaid Benedict Arnold, Governor, 
is cleare from the guilt of the things charged vpon him, 
and thereupon have by this act, of the aforesaid charge 
fully acquitted him. 

Whereas, the Governor, vpon a petition referred to him 
by his Majestyes most Honorable Commissioners, sub- 
scribed Horod Long, hath sent for the partye to appeare 
before this Assembly for a hearing, and the partye being 
present, the Court doe agree to heare the petitioner, and 
the matter related therein before they hear any other 
matter. 

There havino^ been much debate vpon the petition ofHorod 
Horod Long, alias Gardener, and the Court having demand- *'°-''- 
ed of the aforesaid Horod whether she would returne to 
George Gardner and live with him as a wife ought to doe, 
her plaine and absolute answer is, that to accept or em- 
brace that motion, whatever becomes of her she would not, 
but sayes she was at th 3 Courts pleasure to doe with her 
what they saw good. 

And the answer of George Gardener was, that he was 
free to accept of her if she were free, and did desire her 
to returne, notwithstanding that agreement of theirs to 
live apart. 

George Gardener beins; called before the Court, and George 

° '^ Gardener's 

being asked whether he can prove that ever he were ac- evi'i«"<=^- 
cording to the manner and custom of the place married ; 
to that hee plainly answers that he cannot say that ever 
hee went on purpose before any magistrate to declare 
themselves, or to take each other as man and wife, or to 
have their aprobation as to the premises. 

Robert Stanton being called before the Court, and being Rob-t stan- 

° ^ ton. 

asked whether hee could inform e the Court whether hee 
knew that ever George Gardener and Horod, his reputed 
wife were ever married according to the custom of this 
place ; to which hee answered that hee knew noe other 



100 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. marriclge, but onlye one night being at his house both of 
^^^^-^^^ them did say before him and his wife that they did take 
one the other as man and wife. 

Whereas vpon the inquiry into and finding the true 
state of the offence committed by George Gardener and 
Horod, that was once the wife of John Hicks, that lived 
in Newport, on Rhode Island, twenty or more yeares 
agoe, and being very sensible that some present course be 
taken to correct and put a stop to the said offence, and 
the Governor considering the weight of the cause as it is 
circumstantiated both to the nature of the crime, and the 
declaration thereof in writing by the said Horod, in a pe- 
tition to the Right honourable his Majestyes Commission- 
ers, Sir Robert Carr, Knight, Colonell George Cartwright 
and Samuell Maverick, Esquires ; and the reference made 
by their honours therevpon vnto the Governor, &c., he 
therefore mouing it to this Assembly for the more sol- 
lemne and sound judgment vpon the matter. That the 
Assembly as consisting of magistrates and deputyes will 
please to proceed vnanimously to passing a positive sen- 
tence or sentences accordingly thereon ; and it being put 
to the vote by the Governor ; the Assembly doe by a 
cleare vote declare that judgment shall passe on the said 
matter by the vote or votes of the Assembly, consisting of 
magistrates and deputyes, as is before expressed, being 
the law making Assembly of this jurisdiction, by his Maj- 
estyes Commission or letters pattents, vnder the broad 
seale of England, &c. : being the forementioned petition 
hath been presented and pervsed by this Assembly, and 
found to be a very large grownd to proceed against, the 
notorioues practice therein confesed and intimated. The 
Assembly doe order that the petition and reference there- 
on be entered on record in the next place after this order 
and the ariginall returned to the Governor. 

The humble remonstrance and petition of Horod Long to 
tte Right honorable Sir Robert Carr, Colonall Cartwright, 



AND PROVIDENCE PLANTATIONS. 101 

Mr. Samuell Maverick, his Majestyes Commissioners, 1665. 
Charles the Second, King of England, Scotland, France ;;-*^^';;*^ 

' ^ o •- The petition 

and Ireland, humbly sheweth : whereas, I was vpon the ^^;^'f^«[^„g 
death of my father sent to London by my mother in much 
sorrow and griefe of spiritt, and there taken by one John 
Hickes vnknowne to any of my friends, and by the said 
Hickes privately married in the vnder Church of Paules, 
called Saint Faith's Church, and in a little while after, to 
my great griefe, brought to New England, when I was 
betweene thirteene and fourteene years of age, and lived 
two yeares andhalfe at Waymouth, twelve miles from Bos- 
ton ; and then came to Rhode Island about the yeare 
1640 ; and there lived ever since, till I came heare to 
Pettecomscott. Not long after my coming to Rhode Is- 
land, there happened a difference betweene the said John 
Hickes and myselfe, soe that the authority that then was 
vnder grace, saw cause to part vs, and ordered I should 
have the estate which was sent mee by my mother, deliv- 
ered to me by the said John Hickes ; but I never had it, 
but the said John Hickes went away to the Dutch, and 
carried away with him most of my estate ; by which 
meanes *I was put to great hardshipe and straight. Then 
I had thought to goe to my friends, but was hindered by 
the warres, and the death of my friends. My mother and 
brother loosing their lives and estates in his Majestyes 
service, and I being one not brought vp to labour, and 
young, knew not what to doe to have something to live, 
having noe friend ; in which straight I was drawne by 
George Gardener to consent to him soe fare as I did, for 
my mayntainance. Yett with much oppression of spiritt, 
judging him not to be my husband, never being married to 
him according to the law of the place : alsoe I told him 
my oppression, and desiered him, seeing that hee had that 
little that I had, and all my labour, that hee would alow 
mee some maintainance, either to live apart from him, or 
else not to meddle with mee ; but hee has alwayes re- 
fused. Therefore, my humble petition to your honours is, 



102 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. that of that estate and labour hee has had of mine, hee 
''■'^'^^^■'^^ may alow it mee ; and that the house vpon my land I may 
enjoy without molestation, and that hee may alow mee my 
child to bring vp with maintainance for her, and that hee 
may bee restrained from ever meddling with me, or troble- 
ing mee more. Soe shall your poore petitioner ever pray 
for your honours peace and prosperity. 

HOROD LONO. 
Wee desire you would take this petition into your con- 
consideration, and doe justice to the poore petitioner ac- 
cording to the best of your judgment. 

Given under our hands the 20 of March, 1664, at Pet- 
acomscott. 

ROBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUELL MAVERICK. 
To Benedict Arnold, Esquire, Governor of his Majes- 
ty es Collony of Rhode Island, and Providence 
Plantations. 



The result 
of the Court 
conserning 



Whereas, Horod Long, heretofore the wife of John 
Hickes, and since the reputed wife of George Gardener 
Horod Lo"ng. of Ncwport, lu Rhodc Island, by a petition, presented 
vnto the Right honourable his Majestyes Commissioners, 
did most impudently discover her owne nakedness by de- 
claring therein vnto their honours, that although she had 
lived for a long space of time with the aforesaid Gardener 
as in a married estate, and had owned him as her lawful! 
husband, yett she was never lawfully married to him, 
neither could owne him in such a relation, and soe conse- 
quently that she had lived all this time in that abominable 
lust of fornication, contrary to the generall apprehension 
of her neighboi^, she haveing had by the aforesaid Gard- 
ener many children : and whereas it hath pleased the 
Right honourable Commissioners to refer the aforesaid pe- 
tition vnto the care of our honoured Governor, who hath 
alsoe requested the assistance of this present Generall As- 



AND PROVIDENCE PLANTATIONS. 103 

sembly in the examination, and for the full issuing of the 1665. 
matter relatinoj thereto : wee have accordinHy taken the '--^^^^■^'^ 

. . . '^ -^ . . The law of 

matter into our serious consideration, and vpon dilligent ™*"'^ses. 
search have found it to be even soe as the abovesaid 
Horod hath declared, and that by the confession alsoe of 
the aforesaid Gardner, soe that that horrible sin of vn- 
cleannes in which they had lived for the space of eighteen 
or twenty yeares together, and had vnder the covert of 
pretended marridge (owning each other as man and wife), 
being now and not before, by her owne acting and con- 
fessiones brought to light and most shamefully expressed 
to the publicke view, to the extreme reproach and scan- 
dall of this jurisdiction ; therefore this present Assembly 
laying to heart the fowlness of the aforesaid sin, and 
manifesting their great abhorrence and detestation of such 
licke practices, doe order as a mult, far inferiour to their 
demerrits, that the aforesaid George Gardener and Horod 
Long shall pay or cause to be paid into the publicke treas- 
ury the summe of twentye pounds, each of them, be- 
tweene the sitting of this present Court, and the first day 
of the Court of Trialles, sitting in October next ensuing ; 
and in case the aforesaid summe or summes be not paid 
by the day prefixed, that then it shall be lawfull for the 
Governor or deputye Governor to grant forth an exicution 
to the Generall Sargant to distraine the said twentye 
pounds a piece on each of their estates, and that the 
Generall Sargant shall take besides, two shillings vpon the 
pound for his labour for all that he takes thus vpon de- 
straint, which summes are by him lyckwise forthwith paid 
into the treasury. And farther it is ordered by this present 
Assembly and the authority thereof, that the aforesaid 
Gardner and Horod are hereby straightly required that 
from henceforth they presume not to lead soe scandolose a 
life, lest they feel the extreamest penalty that either is or 
shall be provided in such cases. 

And for preventing such mischiefes for the future, and 
in order to present a more certain manner and forme in 



104 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1665. proceedings in the accomplishing and solemnising of that 

'-''•'^''"*^ most honourable act of marriage. 

The Assembly doe by this present act order and de- 

LjlY^'nar-clare, that the law to that end made at a Court in May, in 
the year 1647, shall be punctually observed throughout 
this jurisdiction, and alsoe that any and all other orders 
made since in this Collony, as relating to the said law of 
marriage wherein the order and way of publicationes or 
recording of marriages are prescribed, be alsoe observed 
and that the said law and orders be the more duely mindV 
ed and observed by all persones within this jurisdiction : 
It is ordered and declared by this Assembly and the au- 
thority thereof, that besides the penalty or penaltyes 
[annexed] to the foresaid law or orders in case of non- 
obsearvance thereof, there shall be a ftirther penalty 
henceforth in such case inflicted on persons that shall 
otherwise presume to marry or live together as man and 
wife. That is to say, they shall be proceeded against 
and punished as for fornication, and that from time to 
time, or from one Generall Court of Trialles to another, 
vntill they shall either live apart or observe the rule pre- 
mised and prescribed in the aforesaid law and orders. 

Yett nevertheless, it is hearby to be vnderstood that 
any persones now living within the confines expressed in 
our late Charter given by his Majesty to this Collony, and 
that are reputed to live together as man and wife by the 
common observation or account of there neighbours before 
this act was passed, shall not come vnder any of the 
censures, fines or penaltyes in any of the fore premised 
acts or orders, or in this present [order] concearning mar- 
riages contained or expressed, however there may have 
been some neglect of the due observation of the rules and 
directiones to that end therein contained and prescribed ; 
which though the severall alterationes, interruptiones or 
other overturne in this jurisdiction, hath on sundry occa- 
siones happened heretofore ; neither shall any person, 
whether man or woman soe reputed, now or having lived 



AND PROVIDENCE PLANTATIONS. 105 

as married, though not haveing obsearved punctually the 1665. 
rules prescribed, take any advantage thereby to leave --'^^^^'^'-^ 
either such wife or such husband ; neither shall the chil- 
dren of such be reputed ilegittimate, but all such reputed 
marridges formerly made and not hitherto detected, or 
complained against by a due processe of law, or allready 
by the Assembly disannulled or punished, shall be, and are 
by the authority of this Assembly deemed to be good, lirme 
and authentick to all intents and purposes, as if every such 
marriadge were made according to, or persones soe re- 
puted or living together, as man and wife, in the observa- 
tion of the neighbours, had fully and duly observed the 
rules and punctillioues in the former lawes, acts or orders 
before intended, expressed or contained ; and this act to 
be authenticke to all intents and purposes premised, any 
former law, acts or orders, clawes or claweses, in the said 
law, act or order to the contrary heareof, in any wise not- 
withstanding. 

And farther, be it enacted by this Assembly and the ^?^^?^„^°''- 
authority thereof, that whereas by a law made at a Court 
in May, 1657, against fornication, the penalty for the 
same act of fornication, is whipping with fifteene stripes, 
or a fine of fortye shillings for the first offence ; and in 
case of a second offence, twice whipping or a fine of fowre 
pound, &c.: from henceforth it shall be at the discretion 
of the justices on the bench in such cases to give sentence 
of whippinge or of fining the partyes or either partye 
convicted of fornication, not exceeding the said number of 
stripes for the first offence, nor the number of times and 
stripes at each whipping for the second offence ; but as to 
fining any such offender, it shall be at the discretion of the 
justices in Court to impose such a mult or fine as they see 
cause, considering the quallity of the person convicted. 
Provided, that not lesse than forty shillings for the first, 
nor lesse than fowre pound for the second offence be im- 
posed, any law or clawes in the premised law made in jNIay, 
1657, to the contrary notwithstanding. 



106 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. Ordered, that Mr. Edmund Calverlys petition be read, 
'"■^"^'"^-' and the reference thereon be taken into consideration in 
this Assembly. 

Ordered, that William Harris and Mr. Calverly be 
wmf Harris called Into Court to have the Courts mind made knowne 

and John . • 

Horod. to them. 

Edmund Vpon a petition of Mr. Edmund Calverly to the honour- 

caiveriy. ^|^|^ Commissioncrs and their referring it to this Assembly, 
and considering that in the petition, and in a paper pre- 
sented by William Harris, to the Assembly, are expres- 
siones much vrging vpon and some reflecting vpon the 
Governor and highest of this Collony Courts, which doth 
in a sort render this Court not soe clearly vnconcearned as 
freely to heare the matter complained of, haveing at va- 
rious times had the hearing of the difference betweene the 
partyes : whereupon the Assembly have made these pro- 
posalles vnto the said Harris and Calverly. 

First, vrging them for peace to pitch vpon some friends 
to compromise the difference. Or 

Secondly, the Court to choose some persones for that 
end by their aprobation. Or 

Thirdly, that they will joyntly and humbly pray the 
honorable Commissioners to heare the cause or appoint 
some indifferent persones to heare it, and give their 
judgments thereon, and soe refering it to the finall confir- 
mation of the honourable Commissioners. 

To which three, seeing they doe not joyntly agree to any 
one of them for some reasones given in writting, but come 
nearest to the last of the three, to witt : to refer it to 
their honours, on directly requesting it, and the other 
praying that all expedition may be vsed therein, if that 
be thought the best way. Therefore, the Court doe, for 
the reasons abovesaid, humbly returne them, and refer the 
matter to their honours most absolute determination, de- 
sireing their honours to weigh the grownds of soe doeing, 
which is a deep sence that it cannot be soe well done by 



AND PROVIDENCE PLANTATIONS. 107 

the Assembly, it having passed soe many Courts akedy in 1665. 
this Collony, &c. v.-*<-v^^' 

Farther, it is ordered by this present Assembly, that aThe^ci^e 
transcript of the abovesaid order, together with a coppie of '^^"■'"'='^- 
Edmund Calverlyes said petition, and the reference there- 
vpon made by the honourable Commissioners, with a cop- 
pie of William Harris' petition to the Assembly the 5th 
instant ; as alsoe a coppie of each their answers to the 
Court the 11th and 12th instant, be altogether sealed vp 
and delivered to the Right honourable Sir Robert Carr, 
Knight, Coronall ; George Cartwright and Samnell Mav- 
erick, Esquires, &c., and delivered into the hands of Ed- 
mund Calverly to be speedily convayed as directed, with 
a charge safely to convay it, and that all such writtings or 
coppies of them as are in the Recorders hands concearn- 
ing the difference, be delivered to the respective persones 
Harris and Calverly, they desireing the same for making 
out their severall pleas. 

There having been much debate vpon a petition of Mr. ^^m. Dyre's 
William Dyre, presented by him to the honourable his 
Majestyes Commissioners, and by them referred to the 
Governor and Generall Assembly, &c. It is ordered, that 
Mr. William Dyre be Cealled before the Court, and have 
the sence of the Court declared to him (viz ) : that Mr. 
Dyre doe forthwith make a recantation vnder his hand of 
the wrongs that hee hath done the Collony in that he hath 
presented under his hands to the Commissioners, or other- 
wise the Court are resolved to make their humble petition 
to the Right honourable Commissioners for a hearing, that 
soe before them the Court may cleare themselves from 
those scandalles that are cast vpon them in the said peti- 
tion. 

Ordered, that Mr. William Dyre hath liberty vntill to 
morrow to give in his answer, &c. 

Whereas the Court have scene a petition presented by 
Mr. William Dyre vnto the honourable his Majestyes 



108 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. Commissioners for New Engkind, wherein having reflected 
--'"'''■"^^ vpon the Generall Assembly or Chiefe Court of this juris- 
diction, which this Assembly resenting as most dishonora- 
ble and dangerouse to the Government ; and having 
convicted Mr. Dyre of his precipitate and rash attempt 
therein, as by his acknowledgment given into the Court 
in writting, it doth appeare as followeth, being recorded 
by order of the Assembly (viz.) : 

To the honoured the Generall Assembly for the Collony of 
Rhode Island, &c., nov/ sitting at Newport, this 13th 
of May, 1665. 

The application and humble addresses of William Dyre 
Th» petition she weth : 

of Wm. Dyre 

That whereas by a petition lately presented to his Maj- 
estyes Right honourable Commissioners, some reflectiones 
or charges were vnadvisedly cast vpon this honoured As- 
sembly by the said petition, which by them is taken very 
offensive ; though truly it was not the intent of the peti- 
tioner in the least measure to assperse any, much lesse 
the authority by his Majestye in this place established, 
&c. The petitioner doth really acknowledge his offence 
therein, and doth crave pardon for this his transgression, 
hoping that as you are seated in the place of justice, soe 
you will be pleased to extend your mercy and to pardon 
the failing of him in this respect, being anxiously desirous 
to walke inoffensive to all ; and as this is his first trans- 
gression of this kind, soe I hope and shall indever that it 
shall be the last ; and therefore humbly prayetli this slipe 
may not be any impediment vnto the justice of his cause 
recommended by the Right honourable Commissioners vn- 
to your judicioues wisdomes, and your petitioner shall re- 
maine as he is, your humble supplicant. 

WILLIAM DYRE. 

The Court doe freely passe by and pardon his said of- 
fence, hoping as hee hath promised, hee and all others 



AND PROVIDENCE PLANTATIONS. 109 

will be more circumspect for the future, and doe order 1665. 
that his said acknowledgment, together with his petition "-*'^^-^"^ 
above premised, be returned to the Right honourable 
Commissioners, or coppies thereof. 

And farther, whereas a reference on his said petition is J^'^'^j^j^-g 
by the honourable Commissioners returned to this Court, Dy',';°andS;- 
dated March 11th, 1664, wherein the Court mind that *^'"^'^'""^°"' 
their honours pleasure is, that justice ]je done to the peti- 
tioners, &c., and observing that his [charge] is against the 
jury, and therefore conceive the jury ought to be summon- 
ed to a hearinge, and that not being possible to be done 
in this sessiones of the Assembly, the Court therefore re- 
ferring the hearing of the cause and causes as it relateth 
to the plaintifife and defendant, which weare at first Mr. 
Coddington and Mr. Dyre, as it seemeth ; as alsoe as it 
may relate to the jury that brought in verdict or verdicts 
thereon, who will impliedly, if not clearly be censured or 
acquitted by a determination or judgment on the said 
cause or causes ; the Court as aforesaid, doe therefore refer 
the farther hearing thereof to the Generall Assembly to be 
holden in October next, Mr. Dyer thereto freely assent- 
ing ; provided exicution bee as it is hearby stopped. But 
withall it is ordered, that he that was plaintifife in each 
the said causes doe pay the fees due to the officers of 
Court for the present till a full issue be had in the 
premises. 

And for a more certainty that a hearing may be as The rehear- 
abovesaid, the Court desire that the Governor, or in his 
absence the deputy Governor will, one month before the 
said Assembly sitting, summones in all jurymen con- 
cearned to appear there, as alsoe Mr. Coddington and Mr. 
Dyre, except Mr. Dyre in the mean time make it appeare 
to the Governor, &c., by cognizable instrument in writting 
that the matter is otherwise taken vp, composed and end- 
ed, to the content of all concearned ; and to that end, the 
Recorder shall spedily give a coppie of this order to the 



110 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. Governor, together with a list of the actiones, juriours and 
■^-^--v-^*^ partyes concearned ; and seeing their honours his Majes- 
tyes Commissioners expect a briefe account hearof, that 
Theproposi-^^® Govcrnor be requested to doe the same. 
Kiug'f '"' Whereas, the will and pleasure of his Royall Majestye 
sioners. our SoYcraigne Lord the King is declared vnto this Generall 
Assembly, vnder the hands of his honourable Commission- 
ers, and heare presented by the Governor, consisting in five 
pertickelares being as found and recorded in the generall 
records by order of the Generall Assembly. 

It is his Majestyes will and pleasure, 

1. That all householders inhabiting this Collony take 
the oath of alleagence, and the administration of justice 
be in his Majestyes name. 

2. That all men of competante estates and of civill 
conversation, who acknowledge and are obediante to the 
civill magistrate, though of differing judgments, may be 
admitted to be freemen, and have liberty to choose and to 
be choosen officers both civill and [military]. 

3. That all men and w^omen of ortherdox oppinnione, 
competent knowledge, and civill [lives], who acknowdidge 
and are obediante to the civill magistrate, and are not 
scandalous, may be admitted to the Sacrament of the 
Lords Supper, and their children to Baptisume, if they 
desire it; either by admitting them into the congrega- 
tiones alredy gathered, or permitting them to gather 
themselves into such congregationes where they may en- 
joy the benefit of the Sacraments, and that difference in 
opinnion may not break the bands of peace and charritye. 

4. That all lawes and expressiones in lawes derogatory 
to his Majestye, if any such have bene made in these late 
troublesome times, may be repealed, altered, and taken off 
[the statute book]. 

5. That this Collony be put in such a posture of de- 
fence, that if there should be any invasion vpon this Island 



AND PROVIDENCE PLANTATIONS. Ill 

or elsewhere in this Collony (which God forbid), you 1G65. 
[may in] some measure be in a readines to defend your- ^-*»-^'■^*-' 
selves ; or if need be, to relieve your [neighbours] accord- 
ing to the power given you by the King in your Charter, 
and to vs in this commission and instruction. 

ROBERT CARR, 
GEORGE CARTER. 
To the Governor, or deputy Governor, Assistants and 
freemen of the Collony of Rhode Island and Provi- 
dence Plantationes. 

Where vpon, and in a deep sence of his Majestyes most 
Royall and wonderfull grace and flxvour more pertickelerly 
and at large expresed in his gracious letters pattents, 
lately given and granted vnto this Collony, in which is 
expresed and declared his Majestyes espetiall and tender 
care and indulgance extended to tender consiences, differ- 
ing in matters of religious worshipe and concearnments ; 
and more especially in matters of formes of oathes, and 
cerimonyes or circomstances relating therevnto, giving 
and granting to this Corporation power to give and take 
such engagements as they shall thinke fitt, being ordered 
by the Generall Assembly of this Collony, not contrary to, 
but as neare the lawes and customes of England, as the 
constitution of the place will admitt : considering therein 
the liberty of concience therein granted. 

The Assembly doe with one consent, acknowledge with 
all humble thankfullnes the most tender respect and care 
by his Royall Majestye expresed in the said Royall Char- 
ter, as alsoe in these five proposalles for the good and well- 
fare of this his Majestyes Collony ; and therefore, in all 
cheerfull obediance to, and observation of the premises, 
and therein minding the preveledge granted to tender con- 
ciences, doe in the first place order and declare : that 
whereas in this Collony it hath ben alwayes accounted and 
granted a liberty to such as make a scruple of swearing 



112 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. find taken an oath, that in stead thereof they shall engage, 
■>-*''~^'^'*^ vndcr the penalty of false swearing, though they sweare 
not in publicke engagement, as well as if they did sweare, 
that therefore this most loyall and resonable engagment be 
given by all men capable within this jurisdiction for there 
alegiance to the King, &c. 

The forme of which engagement shall be as fol- 
loweth : 

You, A. B., sollemly and sincearly engage true and 
toTs^MaT faithfuU aleagiance vnto his Majestye Charles the Second, 
coiTony^ '''^ King of England, his heires and successors, to beare and 
due obediance vnto the lawes established, from time to 
time in this jurisdiction, to yeald vnto the vtmost of your 
power, according to the previlidge by his said Majesty 
granted, in religioues and civill concearnments to this 
Collony in the Charter ; which said engagment you make 
vnder the perrill and penalty of perjury. 

And for the more cartaine and serioues takeing the 
foresaid engagment, the Generall Assembly doe order, en- 
acte and declare by vertue of the aforesaid authority to 
them given, that the foresaid engagement shall be admin- 
istred to all that are allredy admitted freemen within this 
jurisdiction, either now in this Assembly, or in a towne 
meetting of each the respective townes of this Collony ; 
and to that end all such [are to] be warned into the next 
towne meeting in the towne where they live, there to give 
the said engagement before the chiefe magistrate presant at 
the said meeting or Assembly ; and such as live in out of the 
places within this jurisdiction to be summoned in to give 
way the said engagement before the Governor, deputy Gov- 
ernor, or one Assistant, before the time of sitting of the 
Gennerall Assembly to be held in this Collony and juris- 
diction, in October next ; and if any thereto called, refuse 
or neglecte to give the said engagement, they and every 
such shall loose the previledge of freemen or of a freeman 
of this Corporation in voting for magistrates, deputyes or 



AND PROVIDENCE PLANTATIONS. 113 

other thinges to them, as to freemen only and especial- 1665. 
ly belonging, vntill they or hee soe refaseing doe give the ^-^^v-*-^ 
engagement premised. 

And farther, it is enacted and declared by the authority 
aforesaid, that noe man that is not yett admitted a freeman 
of this jurisdiction, shall be admitted thereto before hee 
have given the foresaid engagement as before prescribed ; 
and it is ordered, that the said engagement be taken of, 
or administered to all men inhabiting or abiding in this ju- 
risdiction that are householders, or aged eighteene or 
more ; and the names of such as take the engagement as 
aforesaid are to be returned by the Towne Clarke or mag- 
istrate, &c., to the Gennerall Recorder to be recorded. 

And farther this Assembly in a due sence of his Majes- 
tyes gracious favour vnto this Collony, in the second of 
those five above written proposalles ; 

Doe order and declare, that soe many of them that take Answer to 

•' second pie- 

the aforesaid engagement and are of competent estates, p"^'^'^- 
civill conversation, and obediant to the civill magistrate, 
shall be admitted freemen of this Collony vpon their ex- 
prese desire therein declared to the Generall Assembly, 
either by themselves with sufficient testimony of their fitt- 
nes and qualificationes as shall by the Assembly be deemed 
satisfactory ; or if by the chiefe officer of the towne or 
townes where they live,, they be proposed and declared as 
aforesaid ; and that none shall have admission to vote for 
publicke officers, or deputyes, or enjoy any priviledge of 
freemen till admitted by the Assembly as aforesaid, and 
their names recorded in the gennerall records of this 
Collony. 

And farther as to the third proposall wherein his most 
Royall Majestyes gracious tenderness to differing opin- 
nianes in relio:ious matters is declared. 

o 

This Assembly doe with all gladnes of heart and hum- Answer to 
blenes of mind acknowledge the great goodness of Godposai. 
and favour of his Majestye in that respect, declaring that 
as it hath ben a principall held forth and maintained in 

VOL. IT. 8 



114 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. this Collony from the very begining thereof, soe it is much 
^-'"^'-*-' on their hearts to presearve the same liberty to all persons 
within this Collony for ever, as to the worshipe of God, 
therein taking care for the preservation of civill goverment 
to the doeing of justice, and presearvinge each other pro- 
prietyes from wronge and violence of others. 
And as to the fowrth proposall. 

The Assembly doe declare that all acts that in the late 
fourth pro- troblesome time passed in this Collony in any sort deroga- 
^*"^'' tory to his Majestye, wherevpon the first intimation of his 
Majestyes most happy restoration made voyd, and his 
Majestyes most gracioues pardon hath ben by a speciall 
acte embraced and layd hold vpon in that respect, which is 
also more perticelerly confirmed in his Majestys most gra- 
cioues letters pattents to this Collony granted, and by the 
•Collony most humbly received with all due submission and 
atention therevnto ; as alsoe farther enacting and declar- 
ing that a speciall survay of all late lawes made in this 
Collony be taken, and all things therein repealed, &c., 
that are or may appeare derogatory vnto the Majestye of 
our Soveraigne Lord the King, and his Royall favour in 
the foresaid gracioues Charter. 

And lastly, as to that perticular command of his Majes- 
tye, that care be taken for the putting the Collony into a 
posture of defence, which appeareth at this time most 
needful! and most wanting. 

The Assembly taking into consideration the great defect 
JoMeming ^^ training, occasioned by the remissnes of some vnder the 
themihtia. p^gtence of the burden in training soe often as eight dayes 
in the yeare, and other complaining of the great inequali- 
ty, in that the poorest being vnable to spare wherewith to 
maintaine armes and amunition, as powder, &c., yett are 
forced by the law to beare armes as well as the most able ; 
to redresse which grevances, it is enacted and declared, 
that the sixe dayes only in the yeare be ordered, and are 
hearby ordered for the milletary exercise in training, 
which shall be dilligently attended to in each respective 



AND PROVIDENCE PLANTATIONS. 115 

towne, vpon penalty that each Captain, or in his absence, 1665. 
the Leftenant of each towne, shall be fined in case he call "^--^^^'-'^ 
not the listed soulders together by warrant, to make 
choyce of Captaine and other officers milletary (at such 
time and in some sort as it is by a law made May 4th, 
1664, it is provided) the summe of ten pound starling to 
the Gennerall Treasury, to be by law recovered by the 
said Treasurer, for the Collony ; as alsoe forty e shillings 
for each defect of calling the said company together to 
traine on each the trainii.g dayes hereafter appointed, or 
refusing then to exercise them in training ; and the dayes 
prefixed for the exercise of training, are yearly to be the 
last Monday in May ; the first Monday in September ; 
the first Monday in November ; the last Monday in 
March, and the last Monday in Aprill. And for the in~ 
corradgement of the meaner sort, there shall be alowed 
yearly nine shilUngs in currant pay to or for each soldiare 
listed in the traine band, to be duely payed and discount- 
ed yearly by the Clarke or Treasurer of the traine band, 
at the Captain's discretion for the repaireing of amies, 
&c. ; and the said nine shillings yearly to be payed and 
cleared by or before the last Monday in March, and de- 
livered or ordered to such parents and masters as find 
armes and amunition (as they must doe) for their sones and 
sarvants that are listable, which are to be listed, and to 
traine ; as alsoe to such householders or other men that 
find themselves armes and traine in their owne persones ; 
which all men from sixteene years of age to sixtye yeares 
old are hearby required to doe, both masters, parents, 
sones, sarvants and others, excepting such as are in pub- 
licke office, or are by former lawes exempted ; and for 
every defecte in not duely attending the trainings, each 
one listed, soe deficient, shall for every dayes defect, pay 
three shillings fine, to be levied by distraint on the par- 
tyes goods, or on the goods of the master, or mistress, or 
parents of such sones or sarvants as are defective ; and to 
the end the fines may be levied more certainly, the same 



116 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. course is to be taken to take the same as was ordered for 
-*^v-*i-^the former fines in the said law made the 4th of May, 
1664, and returned to the Clarke of the band for suply of 
drumes, coUers and holbords, &c., at the discretion of the 
Captaine, Leftenant and Ensigne, for the company ; and 
that care be taken to gather all former fines ; as alsoe the 
judging of other defects, in that sort be left to the Coun- 
sell, &c., as by the said law of May 4th, 1664, is ex- 
pressed ; and for the raysing the aforesaid allowance of 
nine shillings a yeare for each souldier, that is or shall be 
listed, each towne shall in a towne meeting yearly before 
the jarst Munday in November, choose a conveniant num- 
ber of men, and authorize them to make a rate vpon each 
one rateable within the precinckes of the towne, with as 
much equality as may be, according to each ones estate 
therein being ; and shall take care for the levying of the 
same by distraint, in case of none paying that in time ap- 
pointed by such as by the magistrates in each towne shall 
be by warrant authorized to gather the same, with five 
shillings on the pound over and above for distraining, to 
be for the vse of hee or they that distraine it ; and the 
sum soe distrained, to be returned to the Clarke of the 
band at or before the five and twentyeth day of December, 
yearly ; and the order for apprizing, redeeming or selling 
distringesses and returning the overpluse to the first own- 
ers formerly in vse, to be observed by such as distraine ; 
as alsoe offesetting with or for each persone the nine shil- 
lings before allowed, in case there bee in the pertickelar 
rate soe much as and what either rate is short, is to be 
made vp and payed to each or for each person as above- 
said. And as for choosing the Captaine and other milli- 
tary officers, every one that is eighteene yeares old or 
more, and hath taken the oath or engagement of alegi- 
ance, shall vote if they please therein, though not free- 
men, intending only the ofificei^s soe chosen are only for 
the military exercise of training, there be power by the 
Charter with the Generall Assembly, or in the intervalls 



AND PROVIDENCE TLANTATIONS- 117 

of the Generall Assemblys, then with the Governor and 1665. 
Coiinsell, &c., in extraordinary cases to take care of and'-*"^'"*^ 
order the malitia as they find necessary for defence and 
safetye of the whole Collony. And the aforesaid order, 
however differing from former lawes or orders in this Col- 
lony eonsearning training, or wherein it doth differ, is to 
be observed and confirmed by the authority of this As- 
sembly, any law or clause in any former law to the con- 
trary hearof notwithstanding ; alwayes provided, that 
other rules in the former law of May the 4th, 1664, &c., 
not contradictory to this present law shall be obsearved. 

And for the farther providino; for the defence of the Defence of 

. the Coliony. 

Collony, in having a Magazine or store of armes and amu- 
nition, both in pertickelar men's houses, and alsoe on pub- 
licke store in each towne. 

It is therefore ordered by this Assembly, and straightly The^ law for 
required in obediance to his Majestyes command, declared ^'^'^^j^^l^'jj^ 
by the Commissioners in the first proposall, that every ''''°'' 
man in each towne be allwayes furnished with two pound 
of gunpowder, and fowre pound of lead or bulletts, vpon 
penalty of being fined ten shillings to the towne treasury 
where he dwells, to be levied by distraint, as in the case 
or cases aforesaid, in case hee be found therein defective 
from and after the tenth day of July next ensueing ; and 
the Clarke of the traine band in each towne is hearby au- 
thorized and required to informe himselfe in that matter, 
by inquiry ; and finding any man vnsuplyed, is to make 
report to the magistrate or magistrates in each towne, that 
they may accordingly take order to take the fines therefor, 
and order it to the towne treasury ; as alsoe for a com- 
mon magazine ; the towne of NcAvport doe before the 
tenth day of September next, raise fiftye pound starling, 
at least, to be imployed and layed out in powder, lead 
and armes for their owne defence ; and that Providence, 
Portsmouth and Warw^ick raise, each twentye pound, and 
improve it in time and manner as aforesaid for each their 
owne respective defence ; and that on penalty of such, 



sented by 
Mr. Cod- 
dington, &e, 



118 RECORDS OF THE COLOlsTY OF RHODE ISLAND,. 

1665. the fowre townes to forfeit as much as the respective 
^-^'•^'"**-' summe in each towne ordered, to be raised in case of de- 
fect or neglect hearof, which said fine shall bee to the 
Generall Treasury, and recoverable on the treasurer of the 
defective tov^ne, in case it appeare not to the Governor 
and Counsell that they are provided according to this 
order. 

It being by the Assembly advised that the Governor, 
^fec"om-°^ Benedict Arnold, would send to William Coddington^ 
tS'the°pro- Esquire, and those concearned (called Quackers), to come 
in presance of the Assembly to receive the returne made 
by the Eight honourable his Majestyes Commissioners,, 
Sir Robert Carr, Knight, Golonall ; George Cartwright 
and Samuell Maverick, Esquires, in answer to the said 
William Coddingtones paper, dated in Newport, March 
the 9th, 1664 and 5 ; the said returne of the honourable 
Commissioners vnder their hands bearing date March 
loth, 1664, was in presence of the Assembly on the 15th 
of May, 1665 communicated to the said Coddington^ 
Nicholas Easton and others, and a true coppie thereof, to- 
gether with a coppie of the five proposalles commended 
to this Collony by the honourable Commissioners, dated 
March the 4th, 1664, were by the Governor delivered to 
the said AYilliam Coddington, for his and the rest's consid- 
eration, to mind and obaye accordingly. Done in presence 
of the Assembly. 

Whereas, very great inconveniancyes attend vpon the 
conler^ing refusino" to searve by such as are chosen to searve in the 

constables ° '' 

andaargantspjg^Qg of Coustablc, Towuc Sargaut, or othors constitutcd 
to exicute warrants or writts in speclall occasions, which 
refusing, doth evidently tend to the ruin of the govern- 
ment for want of execution of the law, and it is a high 
contempt of authority. 

Be it therefore enacted by this present Assembly and 
the authority thereof, that if any man thats chosen to the 
place of Constable or Towne Sargant, by the towne where 
he dwelles, or is required by a magistrate, and constituted 



AND PROVIDENCE PLANTATIONS. 119 

ill extraordinary case to suply the place of Constable, 1665. 
where a Constable is not neare, and doth refuse to searve, ''-^^^^■'*^' 
and give his engagement to perform the service ; hee and 
every such shall be liable to pay a fine of five pound star- 
ling to the Gennerall Treasury, being thereof convicted by 
his peeres, and be bound over to the Gennerall Court of 
Trialles, in a bond of twenty pounds, to answer his con- 
tempt ; only it shall be vnderstood, that one who hath 
searved Constable one yeare shall not be chosen by the 
towne and compelled to searve vntill he hath been two 
yeare cleare of that office of towne Constable ; and alsoe 
who soe refuseth to ayd a Constable being thereto required 
shall vndergoe the same penalty as hee that refuseth to^ 
searve as Constable aforesaid, and be alsoe bound over to 
the said Court to answer the contempt. 

Whereas, there hath been a petition presented to this ^jie >-etume 

' ^ ^ of the Court 

present Assembly by Margarett Porter, the wife of John tCn^of Mar- 
Porter, of this jurisdiction of Rhode Island, &c., in which ^^"^^"^''''^'^ 
the said Magarett doth most sadly complaine that her said 
husband is destitute of all congugall love towards her, and 
sutable care of her ; that hee is gone from her, and hath 
left her in such a nessesetous state that vnavoydably she is 
brought to a meere dependance vpon her children for her 
day ley suply, to her very great grieffe of heart ; and the 
rather considering that there is in the hands of her said 
husband a very competant estate for both their subsist- 
ance ; whereupon the said Margarett hath most earnestly 
requested this Generall Assembly to take care of her, and 
to take her deplorable estate into their serious considera- 
tion, so as to make some sutable provision for her reliefe, 
out of the estate of her husband ; and that spedily, before 
both hee and it be convayed away. 

The Court therefore, taking the matter into their seri- 
oues consideration, and being thoroughly satisfied,, both 
by common fame and otherwise, that the complaints are 
true, and that the feares premised,, of convaying at least 
his estate away, are not without grownds ; and haveing a 



120 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. cleepe sense vpon their hearts of this sad condition which 
"-^""•"""^^ this poore anciante matron is, by this meanes, reduced into, 
and how much it is incumbant vpon them, both vpon the 
score of justice and mercy ; she haveing thus committed 
herselfe and cause to them to take care for and to put to 
their helping hand in order to her spedy reliefe : doe 
therefore declare and enacte, and bee it by the said Court 
and the authority thereof decreed and enacted, that all the 
estate both personall and reall of the abovesaid John Por- 
ter, lying and being in this jurisdiction, is hearby secured, 
as if actually seized vpon and deposited for the reliefe of 
the aforesaid complainant ; and that all such deed and 
convayances as hath been made by the said Porter since 
his departure from his aforesaid wife, by which any part 
of the estate belonging to them hath been alienated, the 
deed or convayance not being recorded, shall be made 
A^oyd, and that it shall not be lawfull for the said Porter 
to dispose of or embeszell any of the aforesaid secured, 
and so deposited estate, except for his present and necessa- 
ry suply, vntill hee hath settled a competent reliefe vpon 
his aged wife to her full satisfection, or to the satisfaction 
of Mr. William Baulston, Mr. James Barker and Mr. John 
Sanford, or any two of them, who are hearby nominated 
and authorized to take care thereof; and vpon a compos- 
ure of the difference, to signifie soe much vnto the Re- 
corder, who vpon the receite thereof shall enter it, or a 
coppie of the said agreement vpon record, and there vpon 
give forth vnto the abovesaid Porter a full release with re- 
spect to that this presant act of restraint layd vpon him ; 
and this the Court hath done, aimeing alsoe therein to 
save the towne of Portsmouth from being burthened by 
the defendant. Neverthelesse it is provided by the au- 
thority aforesaid, that this present decree shall not be ex- 
tended to the prejudice of Benedict Arnold, Esquire, with 
respect to the weakening of the purchase of land made by 
him of the aforesaid John Porter, lying and being in the 
Island called Cononicott, and Dutch Island, which pur- 



AND PROVIDENCE PLANTATIONS. 121 

chase being witnessed in the presant Assembly, and the 1665. 
aforesaid Porter having received for it a vahiable consid- -*^^'^*-' 
eration, is hearby not only excepted from the force of the 
foresaid decree, but to the foresaid Benedict is confirmed 
and established. 

Ordered, that the formes of warrants relating to the e^-ll'l^'.Z."' 
presing the pertickelar titles of this jurisdiction, &c., shall 
run thus in all writts originall and juditiall ; as alsoe in 
warrants and other such mfitters relating to the premises 
in any publicke proceeds of justice (viz.) : "To such, or 
such a towne or place, or any where within the precincts 
or confines of this jurisdiction of Rhode Island and Provi- 
dence Plantations, or Kings province ;" and this expression 
to be inserted and vsed as abovesaid by all officers com- 
missionated to issue out writts, warrants, &c., vntill far- 
ther order, any former still vsed or ordered to be vsed to 
the contrary, of or differing herefrom, notwithstanding ; 
provided it is to be vnderstood that the words above ex- 
presed (vigt.), or " any where," are not to be vsed by^any 
other officers but such as are commissionated to exercise 
authority every where in the jurisdiction as occasion re- 
quires. 

The Court having taken cognizence of some sent as dep- g|°cris,and 
utyes from Block Island to sitt in Court, they having had^'P"*^''- 
incorradgment from this government that such priviledges 
they might expect if they followed the instructiones given 
them by the Assembly in order to legall and orderly pro- 
ceedings therein : in which matters there hath been some 
neglect on their parts at Block Island, in some circum- 
stances, the which is by them owned to be a failing only 
of ignorance, having not had any experiance of the man- 
ner of proceeding in this jurisdiction, haveing mostly lived 
in other places where the proceedings differ somewhat 
from this ; and they desiring that their weakness may be 
rather covered than too sevearly noted, soe far as to hin- 
der the expectation of the inhabitants, which may hazard 
their state, if their deputyes be not admitted, considering 



122 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. the very great straights that doe atend them in that deso- 
'-^"^'"*^ late place, for -want of counsell and advise how to de- 
meane themselves respecting some late changes happen- 
ing as to the tenure of their possessiones, and difficulty of 
being acquainted with the manner of proceedings in this 
Collony, by reason of the remoteness from and danger in 
repairing to these parts, all of which may very happily be 
remedied ; and they probablye relieved and better informed 
ifadmittedby the deputyes to consult with and receive ad- 
vice in the Generall Assembly. They furthermore promise 
they will not take incorradgment to neglect such orders as 
are given them by being now overlooked, but will more 
studiouesly mind to vnderstand and take care to follow the 
instructiones given them by the Court. Thereupon the 
Court declare and order, that Block Island freemen, hear- 
after following the orders given them as aforesaid, in due 
proceedings in electiones and meetings orderly called and 
mannadged, shall have the liberty from time to time to 
time to send one or two deputyes to the said Assemblyes 
if they see cause ; and shall have timely notice by warrant 
of the said Assemblyes sitting from time to time, if possi- 
ble, as the townes of this Collony have and are to have. 
And farther, the Assembly doe now admitt Mr. Thomas 
Terry and Mr. James Sands, of Block Island, to sitt in the 
presant Court, as deputyes that are sent from the freemen 
of that Island : meaning from such only as are orderly ad- 
mitted freemen of this Corporation, and entered in the 
gennerall records. 

Vpon a petition of Mr. Peter Tollman, wherein hee 

Peter Toll- potitioues for the Court to grant him a release from his 

uontobe're-wife, thc Court doe advise that the Governor doe send a 

his wife, warrant to cause her to be brought before the Court to 

morrow morning by eight of the clock. 

Whereas, Peter Tollman presented a petition to this 
Assembly, wherein hee desires this Court to grant him a 
diverse vpon grownds in his said petition alleaged ; vpon 
which the Court called for Ann Tollman before them, and 



AI'TD PROVIDENCE PLANTATIONS. 123 

the aforesaid petition being read before her, and the qiies- 1665. 
tion being asked what she did say to that which was said '-^-v-*'-' 
concearning her in the said petition : her answer was, "part 
thereof I owne, and part thereof I disowne." Being far- 
ther asked wdiether she did owne herselfe to be an adul- 
teress ; she said she had given it vnder her hand that the 
child was none of his, and the writting vnder her hand to 
that purpose being read, and she being asked whether she 
did now owne what she had owned in that writting ? she 
did in open Court confesse, that it w^as the truth that the 
child was none of his begetting, and that it was begotten 
by another man. 

The Court haveing heard the confession of the abovesaid 
Ann Tollman, and considering the premises : 

It is ordered by free vote of the Assembly, that she, 
the aforesaid Ann Tollman is an adulteress. 

The Court having w^ell and considerately wayed what 
has been declared by way of petition by Peter Tolhnan 
against Ann, his wife ; and her confession vpon her ex- 
amination that she is guilty of adultery, &c. Vpon all 
which, the Court doe adjudge the said Ann Tollman to 
receive the penalty that the law hath provided for such an 
offence ; that is, whipping and fine, according to the law 
made May 22, 1G55 ; which law doth determine that the 
person convicted of adultery, if living on the Island, shall 
be whipt at Portsmouth, receiving fifteene stripes ; and 
after a w^eeke respite, to be whipt at Newport, receiving 
fifteene stripes, and to pay a fine of ten pound to the 
Gennerall Treasurer : and the said Peter Tollman is ad- 
judged to have his bill of divorce granted him. 

Ordered, that Ann Tollman, expressed in the aforesaid man'Tpun- 
order, is appointed to receive the first punishment at' 
Portsmouth, on Munday, being the 22d day of this instant 
May ; and the next Munday following, being the 29th 
day instant, to receive the second punishment of fifteene 
stripes at Newport ; and in the meane time to remaine in 
prison in safe custodye, as alsoe till the fine be payd. 



ishment. 



124 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. Vpon a petition of Ann Tollman, wherein she desires 
^-*'^^-"*^' mercy from the Court, &c., and she being called before 
;mn'speti- thc Court, and questioned whether she did intend in her 

lion. ' -■■ 

petition to returne to her husband, to which her answer 
was, that she would rather cast herselfe on the mercy of 
God if he take away her life, than to returne. Vpon 
which the sentance of the Court is, that they see noe 
cause to reverse the sentance formerly gone forth against 
her. 

Whereas, a proposall from the town of Portsmouth, &c., 
Concerning conccaming the deputyes sitting apart at Gennerall As~ 
Slapartsemblye, &c. The Assembly having had thereon some 
debate of the matter, and finding that severall other 
things of somewhat difficult concearnment will arise to be 
considered in the passing through the matter, doe there- 
fore conclude it best to refer the matter to the Assembly 
in October next : at which time it is alsoe concluded of 
very good consequence, that the Assembly doe settle some 
order and rule for the solleme manadginge of such Assem- 
blyes ; and that the members of the Court may, every 
one know their priviledge and liberty in Court, and that 
one rule be for all, as in reason it ought to be. 

There being severall petitions presented to the Assem- 
Gouki'., &c. Wy from Mr. John Gonld, Henry Tibbets, Henry Stevenes, 
petitiou. j;^ij^(,g Reynoles, Robert Spincke and others, for accom- 
modation of land, &c., in the King's province : and the 
commission given by the King's Commissioners to the 
Governor and Counsell being read, the Court doe therevp- 
on declare, that it properly belongs to the said Counsell 
to order in those afaires, and doe refer the petitioners to 
their consideration. 

The Court taking into consideration the humble petition 
amwyhn""^ of John Wood and John Hicks, that they may be released 
mckespeti-^^^^^^ their bonds, in which they are engaged to appeare at 
the Court to bee holden in October next, vnder the penal- 
ty of two hundred pounds a peace, the Court doe order 
that the said John Wood and his suretyes, John Pepor- 



AND PROVIDENCE PLANTATIONS. 



125 



dye and Edward Roberson, and John Ilickes and his 1665. 
suretyes, Robert Carr and Caleb Carr, be released from ^■-•"v-^- 
the said obligations wherein they and every of them were 
bound, from all accounts, demands, forfeitures or actiones 
to be growned on the same, paying fees due to officers of 
Court. 

Vpon the petition of Mr. John Greene,, wherein he pe-g°|?g„g5 
titiones for an exicution to be searved vpon a verdict ''"''""" 
given him by the towne Court of Warwick, and who shall 
grant and searve the same ; the Court doe grant the 
aforesaid petition, and doe order that the exicution that 
was granted forth by the Towne Chirke of Warwicke, vp- 
on a judgment of Court against Mr. Mathias Harvie in the 
last Court of Trialles, by virtue of their towne charter, 
shall be served by the Towne Sargant of the towne of 
Warwicke within any part of the maine land in this juris- 
diction. 

There beins; a motion presented by Mr. Zachariah Law of exe 

J. ./ cutions. 

Rhodes as to move the Court to make a law concearning 
exicutions, &c. The Court considering the weight of the 
matter, and being at this time straightened by reason of 
their business, &c., the Court doe wave the absolute 
determination of the matter to the next Genneral As- 
sembly. 

Vpon a petition of Thomas Terry in the behalfe ofThos 
Block Island, and the priviledges thereof, it is ordered, 
that the Governor, deputye Governor and Mr. John 
Clarke are nominated and requested to take the paines to 
goe to Block Island to see and judge whether there be a 
possibility to make a harbour, &c. : and what conveniancy 
there may bee to give incorradgment for a trade of 
fishinge. 

Ordered, that the bill presented by Captain Morris, ^.^p^ ^^^ 
which amounts to sixe pound, five shillings for his voyage 
to Conneticott, is approved of, and ordered to be paid by 
the publick Treasurer. 

Ordered, that the bill of James Rogers, Generall Sar- 



Ter- 
rys petition. 



_^ ris bill. 
"6^ 



126 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. g;int, for paying for Grand Jurymens dinners four times, 

^-*'^'^^*-' which comes to two pound, seven shillings, is approved 

of, and ordered to be paid by the publicke Treasurer. 

Ordered, that one other bill of James Rogers, of eight 

■James Rog^DOund, eightecne shillings, is approved of, and ordered to 

be paid by the Gennerall Treasurer when the Treasurer is 

enabled by the fines soe to doe. 

Ordered, that the Recorder shall have thirty shillings 
for each coppie of this Court orders. 
The Court dissolved. 

Whereas, the Gennerall Assembly sitting at Newport, 
JomthrKe.^iay the 3d, 1665, received a petition from Margarett 
John pwtei-; Porter, w^ife of John Porter, late of Portsmouth, but now 
living at Pettacomsqutt, wherein she complained that her 
husband did neglecte to provide for her, &c., where- 
vpon the Court did soe farr extend their care as to secure 
the estate of the said John Porter, vntill hee, the said 
John Porter did place and settle such an estate on his said 
wife as should satisfie her, or should satisfie Mr. William 
Baulston, Mr. James Barker and Mr. John Sanford, or 
any two of them. And whereas, Mr. John Porter hath 
settled on his wife such an estate during her life, as doth 
fully satisfye her, as apeares vnder the hands of Mr. Wil- 
liam Baulston and Mr. John Sanford being sent to mee, 
Joseph Torrey, Gen'l Recorder, and by them desired that 
according to the aforesaid law of May the 3d, 1665, I 
would grant to the aforesaid Porter a release from the 
forse of the aforesaid law as to give full liberty to dispose 
of the rest of his estate, &c. 

This is therefore to satisfie all whome it may concerne, 
that I, Joseph Torrey, Gen'l Recorder, according to the 
authority of the aforesaid Court, fully and really release 
and acquit the aforesaid John Porter from the forse of re- 
straint laid vpon him as to the disposall of his estate, be- 
ing it doth appeare that he hath performed the law soe far 
as doth require him to doe to provide for the aforesaid 
Margarett, his wife, as wittnes my hand, this 27th of 



AND PROVIDENCE PLANTATIONS. 127 

June, in the 3^eare one thousand sixe hundred sixty and 1665. 
Per mee, JOSEPH TORREY, Gen'l Recorder. 



Extract from the Report of the King's Coimnissioners con- 
cerning the NeiD Efigland Colonies, made December, 
1665.* 

IIHODE ISLAND. 

The Colony of Road Island and Providence Plantations returned their 
humble thanks to his Majestie for sending Commissioners, and made 
great demonstrations of their loyalty and obedience. 

They approved as most reasonable that appeales should he made to his 
Majesties Commissioners, who having heard and determined some causes 
among them, referred other, some in civility to their generall Court, and 
some to the Grovernour, and others, some of which causes they againe re 
mitted to the Commissioners to be determined. 

All proceedings injustice are in his Majesties name. 
They admitt all to be freemen who desire it. 

They allow liberty of conscience and worship to all who live civilly. 
And if any can informe them of any thing in their lawes or practice, 
derogatory to his Majesties honour, they will amend it. 

The Marquisse of Hamilton's Pattent takes in all Roade Island Colo- 
nies, and about halfe of Connecticot. 

The Nanhygansetts sachims did in the year 1644, by writing, surren- 
der themselves, their people and country into the late King's protection. 
Two of which sachims, now living, did actually in their owne persons 
surrender themselves, people, and country into his Royall Majesties pro- 
tection, before his Commissioners, and delivered to them that very deed 
made in 1644, which had been carefully kept by Mr. Gorton, ettc. 

Whereupon, the Commissioners, according to their instructions, 
entered upon the country in his Majesties name, and have named it the 
King's Province, have taken the natives into his Majesties protection, 
and have appointed Justices of the Peace to govern it, until! his Majes- 
ties pleasure be farther knowne ; for this Nanhygansett country is almost 
all the land belonging to this Colony, which cannot subsist without it, 
and therefore the Commissioners ordered that the magistrates for the Col- 
ony should be justices of the peace for the King's Province, that no dif- 
ference may rise betwixt the officers. 

The sachims did thankfully receive two ooates presented to them in 
his Majesties name. In acknowledgement of their subjection, they are 



* This forms part of a report on the several New England Colonies, wherein a brief 
histo ifgiven of each, as well as an account of their actual condition at the time 
the report was made. 



128 RECORDS OF THE COLONY OF RHODE ISLAND, 

2(3(35. to pay yearly upon the 29th of May two wolfe skinnes to his Majestie, 
and did now send two capps of peag, and two clubbs inlayd with peag for 
a present to the King, and a feather mantle, and a porcupine bagg for a 
present to the Queene, which were all taken by the Dutch. 

One of these princes (named Pessicus) desired the Commissioners to 
pray King Charles that no strong liquors might be brought into that 
country, for he had thirty two men that dyed by drinking of it. 

These Indian princes gave a long petition to the Commissioners, com- 
plaining of many acts of violence and injustice, which the Mattachusetts 
had done to them. Amongst others, they had first caused them to be 
fined, then tooke their whole country in mortgage (according to the re- 
monstrance sent to his Majestic), and would have inveigled them out of 
it ; but there could be no redresse, the Matachusets refusing to let the 
Commissioners have the hearing of appeales. 

Their Westerne bounds are determined with Connccticot ; their North- 
erne bounds must be the Matachusets Southern line, -wherever it falls, 
Avhicli they coniplaine to be too Southerly. Their Eastcrne bounds be- 
twixt them and New Plymouth could not be determined by consent of 
both parties (Roade Island clayming a thread of land three miles broad, 
all the length of the mayne land lying next to the Nauhygansett Bay, 
which without great prejudice they of New Plymouth could not part 
with) : whereupon the Commissioners appointed the water the naturall 
bounds, of each Collony to be their present bounds, untill his Majesties 
pleasure be further knowne. 

Mr. William Brentoa, Deputy Crovernor of Road Island, having 
bought afarme upon that thread of land, which he hoped would belong to 
that Colony, humbly desires his Majestie, that he may continue to pos- 
sese that farme, though it fall within the limits of New Plymouth. 

And Dr. Alcock, a physician, having bought Block Island for four 
hundred pounds of some Boston (who tooke upon them power never 
granted them, to sell it), and having been at great charges in planting of 
it, desires his Majestie that he may not be dispossessed of it, he submit- 
ting to the government of Roade Island ; both these petitions to his Maj- 
estie are lost. 

This Colony (which now admitts all religions, even Quakers and Gen- 
erallists)was begun by such as the Mattachusetts would not suffer to live 
among them, and is generally hated by the other Colonies, wlio endea- 
voured severall wayes to suppresse them. They maintained other Indi- 
ans against the Nauhygansett Indians. 

The Commissioners of the united^ Colonies disposed of a great part of 
his country, pretending they had conquered it from the Pequid Indians, 
but evidence being made that the Nauhygansett, had conquered it before 
the English began their warre, and that the right was in him who sold it 
to the Road Islanders, and his Majesties Commissioners not thinking it 
justifyable for any Colony to dispose of land without their ownc limitts, 
determined it for the Roade Islanders. 

The Matachusetts did maintain Pumham (a petty sachim in this Prov- 
ince) twenty yeares against this Colony, and his chiefe sachim, and did 
by armed souldiers beseige and take prisoners Mr. Gorton, Howden, 



AND PROVIDENCE PLANTATIONS. 129 

Wjkes, Greene and others in this Province, and carryd them to Boston, 1565. 
put them in chaines, and tooke eighty head of cattle from them, for all . . 

which they could never yet get satisfaction. 

This Colony could never be acknowledged for a Colony, till his Majes- 
ties Charter was pv^blished, though in the yeare 1643, they sent over 
some into England to preserve the King's Charter then, but finding that 
unnaturall war begun, and the King gone from Loudon, they tooke a 
Charter from the Lords and Commons, which was more then Newhaven 
did pretend to, and more then Connecticot could shew, yet these two 
were admitted Colonies in their great combination and Road Island 
slighted. 

The Nanhygansett Bay is the largest and safest port in New England, 
nearest the sea, and fittest for trade. 

This Colony hath two scattered tounes upon Road Island, two upon the 
maine land, and four small villages. 

Here only yet is Limestone found, and here only the Governour and 
magistrates serve the publick at their own charges. In this Colony is 
the greatest number of Indians, yet they never had any thing allowed to- 
wards the civilizing and converting of the Indians. And in this Colony 
they have the greatest plaines, but no place of strength fortifyed, though 
many places capable of fortification. 

In this Province, also, is the best English grasse, and most sheepe, the 
ground very fruitfull, ewes bring ordinarily two lambs; corn yields 
eighty for one, and in some places, they have had corne twenty sixe 
yeares together without manuring. 

In this Province only they have not any places set apart for the wor- 
ship of God, there being so many subdivided sects, they cannot agree to 
meet togeather in one place, but according to their severall judgments,, 
they sometimes associate in one house, sometimes in another. — /. Carter, 
Broivn^s Manuscripts, Vol. i. No. 63. 
VOL. II. 9 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Gemrall Assembly, held at Newport, 
October 25, 1665. 

Mr. Benedict Arnold, Governor. 

JVIr. William Brenton, deputy Governor. 



ASSISTANTS. 



Mr. John Card, 
Mr. James Barker, 
Mr. Edward Smith, 
Mr. William Carpenter, 
Mr. Arther Fenner, 



Mr. John Browne, 
Mr. William Baulston, 
Mr. Samuell Wilbore, 
Mr. Randall Howldon, 
Mr. John Greene. 



DEPUTIES. 




Mr. John Clarke, 


Mr. 


Edward Smith, 


Mr. Nicholas Easton, 


Mr. 


John Sanford, 


Mr. John Easton, 


Mr. 


George Layton, 


Mr. John Coggeshall, 


Mr. 


Phillip Sherman, 


Capt. John Cranston, 


Mr. 


John Briggs, 


Joseph Torrey, 


Mr. 


John Weekes, 


Mr. Thomas Olnye, 


Mr. 


Edmund Calverly, 


Mr. John Throgmorton, 


Mr. 


Richard Carder, 


Mr. Thomas Hobkins, 


Mr. 


James Greene. 



Mr. William Brenton, deputy Governor, chosen Mod- 
erator. 

Joseph Torrey, Clarke of the Assembly. 
The Court adjourned vntill Friday, eight of the clocke. 
Vpon the appearance of Mr. Coddington, Mr. Dyer 
Mr. Dyer's and the iurv men at or vpon summons from the Governor, 

.complaint io O J r ' 

con^?B-'' to appeare at this Court in order to a hearing concearning 

agSthe a complaint of Mr. Dyre, to his Majestyes Commissioners 

in March last, against the juryes tliat past on the actiones 



Al^D PROVIDENCE PLANTATIONS. 131 

betweene him and Mr. CoJdington in the October Court 1665. 
of Trialles, in the yeare 1664 ; and the Court having ^-*'"-^'-^' 
travelled in the matter to find a meett way of putting an 
issue thereto, and made motiones to the juriores, and to 
the other partyes of their condesention to each other for a 
peaceable composure, and each partye returning answer to 
the Assembly that they cannot find out such a way, but 
desire the law may end it, the Court doe therevpon de- 
clare that both Mr. Dyre and Mr. Coddington and the 
juriores premised, be all referred to a due processe of law 
for releife or justice, wherein they or either of them con- 
ceive themselves wronged. 

The Assembly taking into consideration the great bur- Former 
den lying vpon Mr. John Clarke in regard that what is ^^^ to be 
due to him to cleare engagements about procuring the 
Charter, &c., is not payd according as formerly promised 
to him by reason of the rate in Portsmouth, Warwicke, 
Quononicott, Pettaquamscott and Block Island, are not 
gathered nor made. The Court doe therefore order, that 
the rate in each of the said places be made and collected 
before the last day of November next^ and payd into the 
Gennerall Treasurer of the Collony, to witt : Mr. John 
Coggeshall, and that course taken for gathering it as by 
the former Assembly ordered ; as alsoe that the Recorder 
doe presantly send a copie of this order of revisall, not 
only to the townes, as by law required, but one coppie to 
Block Island, and one to Pettaqumscott, to a Consarvator 
of the Peace or Constable there, and a note what each of 
those places are to pay by the order of Court ; and alsoe 
it is ordered, that those who weare appoynted to make the 
rate for Quononicott in 1663, be also ordered, they or the 
majour part of them, to make the rate ordered in 1664. 

Mr. John Weekes chosen Assistant for the towne of 
Warwicke. 

The Court is adjourned untill Tuesday, come fortnight, 
being the 14th day of November. 



o 




RECORDS OF THE COLONY OF RHODE ISLAND, 



PAPERS RELATING TO THE DIFFICULTIES BE- 
TWEEN THE INHABITANTS OF WARWICK 
AND THE SACHEM PUMHAM. 



The order of the King's Commissioners concerning Pumham 
and Indians with him. 

Wee, by the power given us by the King's Commissioners, haveing heard 
the complaint of the towne ofWarwicke, doe order and appoint that Pumham 
and the Indians with him shall plant their corne this yeare upon the neck of 
land which they have soe long deteined from the said towne, and that before 
the next planting time, he, and all the Indians with him shall remove to some 
other place, out of the King's Province provided for them by such as they 
have subjected themselves unto, or to some other place within the King's Pro- 
vince appointed for them by Pessicus. Wee alsoe order and appoint, that as- 
soone as they are ready to remove, and give notice thereof to ]\[r. Gorton be- 
fore they remove, the towne of Warwick shall give unto the said Pumham 
twenty pounds at eight penny ; and if Pumham and those with him shall sub- 
ject themselves to Pessicus, and that the said Pessicus provide a place for him^ 
and them within the King's Province, then the towne of Warwicke shall alsoe 
give ten pounds at eight a penny to Pessicus as a present. Given under our 
hands and scales, at Warwicke, April the 7th, 1665. 

EGBERT CARR, 
GEORGE CARTWRIGHT, 
SAMUELL MAVERICK, 
For the towne of Warwicke. 

Acquittance of Indians of lands in Warwick, etc. 

Know all men by these presents, that I, Cheeschemut, eldest soune of Pum- 
ham, haveing received of the gentlemen of Warwick the summe of thirty 
pounds in peag, at eight a penny, and upon promise to receive the 
summe of ten pounds more in like pay of the said gentlemen, doe hereby in the 
name, and on the behalfe of my father and myselfe with the rest of our com- 
pany, promise to depart from, and quit that tract of land commonly called, 
and knowne by the name of Warwick necke, as also all that Province now 
called the King's Province, formerly the Narragansett country, immediately 
upon the receipt of the said summe of ten pounds ; and not at any thime there- 
after to returne to inhabit in the aforesaid place or places. In witness where- 



AND PROVIDENCE PLANTATIONS. 133 

of, I, tbe said Clicesecliamut, have liereuuto put my band the 28th day of De- 1665. 
cember, 1665, at Mr. Smith's tradoiug house. ;,^-v-^ 

Witness hereunto, 

HobekxCark, CHEESECHAMUTJ 

RiciiASD Smith, Jun'r, 

Edmund Calverly, NAUSHWAHCOWET, 

Moses Noyes, i^jg Qj^rk. 



Robert Westcot: 
Sam Wheate. 



ASSOWAWET,/^his mark. 



Q' 



Sir Robert Carr to Sam'l Gorton, R. Holden and others. 

Gentlemen : 

In conference here with Pumham's sonne, I found some difficulty of satisfy- 
iage them according to our order, by reason that proposing the matter to him, 
he seemed dissatisfied about it ; wherefore, I proposed to pay hira this 
ten pounds, if his father, himself and the rest of their company would depart 
from you, and the King's Province ; he desired time till next morning to 
consider thereof, and returned answer, if you would pay them ten pounds 
more, they would quit the King's Province, and not trouble you hereafter ; 
soe I thought good to give you notice, that I conceive it will be no greats 
matter to each particular person, if you give soe much, and be clearly dis- 
charged of them, they leaveiug your neck and the King's Province ; as also, 
the only peaceable meanes to be rid of them, and their trouble. T paid 
them this ten pounds ajid promised that I would use my best indea- 
vour to perswade you concerning the other, and have here inclosed sen* 
you their receipt for it, comprehending his obligation under his hand 
hand, that Pumham and himselfe and the rest of their company shall depart 
out of the King's Province, and no more come to inhabit there. Thus I re- 
quest you to condescend so farr to satisfie them, which will, I conceive, be a 
great advantage to your selves, a benefit to the country, and an obligation to 
him, who allwayes shall remain, Gentlemen, 

Your very loving friend, 

EGBERT CARR. 

From Mr. Smith's Tradeiug House, December 28th, 1665. 

To Mr. Gorton, Capt. Houlden, and the rest of the inhabitants of 
Warwick, present. 

This is. to testifie, that upon the third day of Januarj^ 1665, Mr. Samuel 
Gorton, Sen'r, Capt. John Green, Mr. "Walter Todd, Mr. James Green, and 
Mr. John Potter of the towue of "Warwicke, did deliver to Pumham the 
summe of ten powuds in peag at eight a penny, in behalfe of themselves, and 
the rest of the purchasers, according to the tenure of that which is within 
written. Witnessed by us. 

The mark of EDWARD MARSHALL, 
EDMUND CALVERLY, AMOS WESTCOT, 

SAMUEL GORTON, Jun'r, JOHN WICKS, Jun'r. 




RECORDS OF THE COLONY OF RHOI>E ISLAN1>, 



Order from Sir Robert Carr to Pumham to remove. 

These are to require you, in his Majesties name, and by virtue of an order- 
signed by myself, and the other his Majesties Commissioners, bearing date 
April the 7th, 1665, that you remove from that tract of land called by the 
name of Warwick neck, with all convenient speed, and likewise that you de- 
part out of the King's Province, according to an agreement made by your 
sonn Cheesechamut, and your councellors on your behalf, bearing date the 
28th of December, 1665, under their hands, they thereby promising to depart 
from, and quit that place called the King's Province, upon receipt of certain 
summs of money payal^le unto you, by the inhabitants of Warwick, as appears 
by the said agreement under their hands, which said summes of moneys are 
already paid unto you. AVherefore, I expect this to be performed and re- 
solved upon by you before my returne from Capt. "Willits, which will be with- 
in this week, as you will answer the contrary at your utmost perill. Given 
under my hand and scale, this 24th day of February, 1665. 

ROBERT CARR. 

To Pumham^ pretended Sachem on Warwick neck, and his adherents. 



John Eliot, of Roxbury, to Sir Robert Carr,. interceding for 
Pumham. 

Sir: 

It is his Majesties pleasure to command us to deale well with the poore In- 
dians, and hath sent your selves, his Honourable Commissioners, to promote 
the same, which I hope, your owne generous mind, and disposition will incline 
you exemplarily to performe. Pumham and his people have suffered much 
hard and ill dealings by some English ; and there hath been both force and 
fraud used towards them, to drive them or deceive them out of their lands. 
They are in no wise willing to part with that little which they still hold. I 
beseech you to deale honourably by them, as being one of the Honourable 
Commissioners of his Majestic. Let them feele and find in you the effects of a 
noble mind towards the poore and helplesse, who are sent by his Majestic to 
such honourable purposes-, that your actings may leave upon their hearts an 
impression of the Royall and benificent affection of his Majestic towards them. 
Thus commending all these matters unto the Lord, and spreading them before 
him, I cease to give you further trouble at present. 

Sir, your servant in the Lord, to serve 
you in the improvement of your 
honourable Commission in the ser- 
vice of his Majestic. JOHN ELIOT. 
Roxbury, this 9th of the 11th, '65. 

Endorsed. 
To the Right WorshipfuU Sir Robert Carr, one of his Majesties Honora* 
ble Commissioners, these present. 



AND PROVIDENCE PLANTATIONS. 



Sir Robert Carr in reply to John Eliot. 

Warwicke, February 28th, 1665. 
Sir: 

You, and others (I presume), cannot but have heard of the order commaud- 
iug Pumham's removall from off the tract of laud called by the name of War- 
wicke uecke, &c., made upon good grounds by myself, and the other his Maj" 
esties Commissioners, when we sate here. The gentlemen and inhabitants of 
Warwick makeing it appeare that they had sustained divers injuries from the 
said Pumham and his adherents, and particularly, that they could Hot peacea" 
bly injoy and possess that their lawfull possession, which long agon, they had 
honestly purchased. As for Pumham and his peoples sufiFering by much hard 
and ill dealings by some English (as you report in your letter to me, he had 
done), and that there hath been both force and fraud used to them, &c. Wee 
at that time of our sitting, found no such matter, nor cause of complaint ; 
neither do I at present, understand whom you accuse of the same ill dealings 
towards them. I desire you to take notice that, I' judge the persons imployed 
in the affaires of the King's Province, were well satisfied concerning his Maj. 
esties Eoyall and benificent affectiocs towards the Indians, and will, I doubt 
not, in observance thereof continue, as they have in some measure begun, to 
take care, as in duty they are bound, to let them understand the same, though 
yourself had not taken upon you to be director. I require you to make such 
improvement of this advertisement, that his Majestic and his Commissioners 
may be noe more rendered obnoxious to the reproach and contempt of infidels 
and others his said Majesties subjects, by your and others interposeings where- 
in you and they are not concerned, as though we were not abb to order the 
King's affaires in these parts, without your advice and direction. This is all 
for ihe present, but that I am 

Tour loving friend, 

ROBERT CARR. 

Pumham haveing not obeyed the above said order, notwithstandinge War- 
wicke gentlemen's payment to him of the summ of moneys ordered thereby ; I 
(haveing an account given me thereof) have not acted ill towards him, as you 
may see by the copies of transactions since, which for your satisfaction, I have 
hereinclosed sent you. 

To Mr. John Eliot, of Roxbury. 

Roger Williams to Sir Robert Carr in relation to Pumham. 

Sir: 

My humble and hearty respects presented, with humble and hearty desires 
of your present and eternall felicitie. Haveing heard of a late confederacy 
amongst great numbers of these barbarians to assist Pumham, &c., I thought 
it my duty to wait upon your Honours with these humble salutations, and ap- 
preciacions of the safety of your person, not to be easily hazarded amongst such 
a barbarous scum and offscourings of mankinde. Besides, Sir, this is an old' 
ulcerous busines, wherein I have been many yeares engaged, and have (in the 




136 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. behalf of my loveing friends of Warwicke) pleaded tins cause with the whole 
.^^ . Generall Court of the Massaehusets magistrates and deputies, and prevailed 

with them to yield, that if I and Puraham would agree, they would ratifie our 
agreement. But Pumham would not part with that Neck, on any termes. I 
crave leave to add (for the excuse of this boldness) , that the natives in this 
Bay doe (by my promise to them at my first breaking of the yce amongst 
them) expect my endeavours of preserving the publick peace, which it hath 
pleased God, mercifully to help me to doe many times (with my great hazard 
and charge), when all the Colonies and the Massaehusets, in especiall, have 
meditated, prepared and been (sometimes many hundreds) upon the march for 
war against the natives in this Colony. Of this my promise and duty and 
constant practice, mine owne heart, and conscience before God ; as also some 
natives put me in minde at present. 

1. First then (although I know another clairac laid to this land yet), Pum- 
ham being the ancient possessor of this Lordship, I humbly querie whether it 
be just to dispossess him (not only without consent, which fear may extort, but 
without some satisfying consideration). I had a commission from my friends 
of Warwicke to promise a good round value, and I know some of them have 
desired the natives, I thought it cost them some hundreds of pounds. 

2. Your Honor will never effect by force a safe and lasting conclusion, 
untill you first have reduced the Massaehusets to the obedience of his Majes- 
tic, and then these appendants (towed at their stern) will easily (and not be- 
fore) wind about also. 

3. The busines as circumstantiated will not be effected without bloudshed J 
barbarians, are barbarians. There be old grudges betwixt our country men of 
Warwick and them. They are a melancholy people, and judge themselves (by 
the former Sachem and these English) oppressed, and wronged ; you may 
knock out their braines, and yet not make them peaceably to surrender, even 
as some oxen will die before they will rise ; yet with patience, and gentle 
meanes will rise, and draw and doe good service. 

4. These barbarians know that it is but one partie in Warwicke, which 
claime this Neck, the greatest part of the towue cry out against the other, to 
my knowledge, and the natives also. 

5. The natives know that this party in Warwick are not only destitute of 
help, from their own townsmen, but of the other townes of this Colony 
also. 

6. They know it would please the Massaehusets, and most of the other Col- 
onies, that Mr. Gorton and his friends had been long ere this destroyed. 

7. They know that Ninicroft and Pessicus are barbarians, and if it come 
to bloud, and that at the first, the worst be to the English (in any appear- 
ance) , they will joyne to further the prey. However, if King Phillip keepe 
his promise, they will bee too great a party against those two Sachims. 

8. Lastly, Sir, wee profess Christianity, which commends a little with 
peace ; a dinner of green herbs with quietness ; and if it be possible, com- 
mandes peace with all men. I therefore humbly offer, if it be not advisable 
(in this juncture of time) to lay all the blame on me, and on my intercession, 
and mediation, for a little further breathing to the barbarians untill harvest, 
in which truce a peaceable and loveing agreement may be wrought, to mutuall 
consent and satisfaction. 



AND PROVIDENCE PLANTATIONS. 137 

Sir, I liumbly crave your Houours gracious pardon to this great boldness 1665. 
of Your most humble and bounden servant, ^-^^-.^-^^y 

EOGER WILLIAMS. 
Providence, 1 March, 16C5 (ut vulg). 

Endorsed. 
To the Right Honourable Sir Roljert Carr, one of his Majesties Hon- 
ourable Commissioners for New England, present. 

Sir Robert Carr to Lord Arlington, relative to Pumham 
and Warwick off airs. 

Sir: 

Since Colonel Cartwi-ight's departure, Jlr. Maverick and myself have sev- 
eral times sent you copies of all such papers as we could possibly come by, of 
our transactions ; and being come to New York, I find that Colonel Nicolls 
hath supplyed our wants, in sending of the account of those, which passed be- 
twixt us, and the Generall Court of Boston, which we could not possibly send, 
when M'e sent those other, Colonel Cartwright leaving noe other copies of 
them, but what he left with Col. Nicolls ; and he being at such a distance, we 
could not procure them in time, to send with the rest. I have now sent again 
the copies we sent before. 

This instant twelve months ago, we sate at Warwick in the Kings Prov- 
ince, to act upon our Commissione there, and finding the inhabitants of that 
towne to be severall wayes damnified by one Pumham, an Indian, who with 
his company (being under the command of no Sachim) had seated themselves 
upon a tract of land, called Warwick neck, and (as was reported), were incour- 
aged to keep it, from the lawfull owners, by the Massachusets-Bay government. 
Wee made an order for their removal!, as you may understand by the inclosed 
copy thereof. In December last, I, takeing my journey towards New York, 
came that way, and being informed that Pumham had not obeyed the said 
orders, I went myself, with some of the inhabitants unto him, and caused him 
to take the moneys ordered, which he seemed unwilling to receive, and depart ! 
wherefore I let him understand, he must depart forthwith : and that I would 
goe to Pessicus and tender him the moneyes ordered as a present unto him, if 
he would find him a place to live upon in the King's Province ; he sent his 
Sonne, with some of his Councel to meet with Pessicus to determin the matter ; 
but coming to a place in the King's Province, called Mr. Smith soe trading 
house, where we were to meet, I could make no conclusion with him according 
to that our order, for he was unwilling to submit to Pessicus, and it would 
have occasioned trouble, and ill consequences, to have prosecuted the order by 
force, ettc. Wherefore I made a proposal to him, that if he would depart 
from that Neck and the King's Province, I would give him that ten pound 
which Pessicus should have had. He desired time till next morning, to take 
councell about it, which being granted, he then returned answer. If the in- 
habitants of Warwick, woald pay him ten pounds more, he would quit their 
Neck and the King's Province, and never returne to inhabit there any more. 
I gave him the ten pounds, and so concluded with him, and Warwick gentle- 
men (through my perswasions) payd him the other ten pounds ; from thence I 



138 RECORDS OF THE COLONY OF RHODE ISLAND, 

1665. ^"^"t over to Rhode Island, but an extream frost, the like scarce known here, 
y^^^..^^..,^^ block't up the Island, so that I could not stirr from thence till about tlie lat- 
ter end of February, about which time it broke up. Pumham still making no 
preparation for his departure, occasioned me then, to go over to Warwick 
again, where it was reported to me, that he had a letter from the Governor of 
the Massachusets for me, which when I came to receive, it proved one from 
Mr. Eliot, a minister of Roxbur^', of whome Pumham ordinarily takes coun- 
cell ; but (if credit may be given to the Indians), they said, the Governor was 
there present when it was delivered to them to be sent to me. This with 
some other actions of theirs, puts it out of question, that the Massachusets are 
as unwilling to let the people in these southern parts rest under his Majesties 
government, as them of the eastern in the Province of Maine. I have sent 
you a copy of Mr. Eliot's letter, and of my answer to him, with the transac- 
tion concerning Pumham ; as also of one from Mr. Williams, an ancient man, 
one (I think) that meant none ill in sending it, being misinformed as others are 
by ill affected persons, who (in answer to my request) came some four days 
after to me about it ; received satisfaction concerning our proceedings, and 
then was very much instrumental in forwarding Pumham's removall, who with 
his company are removed, and I hear nothing for the present, but that all per- 
sons there, are well satisfied about it. 

Sir, we are in a very sad condition, if we have not some relief very shortly ; 
being in a country that is very poore, and our credits nothing at all at Bos- 
ton, where any thing is to be had. As for my owne particular concernments 
I have sent to you severall times, which I hope your Honour will be pleased to 
take notice of. I gave your Honour formerly a hint, if his Majestic have no* 
already disposed of Delaware, that it would be a considerable place for a trade 
to belong to his owne Province, and it would be both usefuU and beneficial! 
for the inhabitants of that place. I desire that you would be pleased to ac- 
quaint his Majestic with the same, and to communicate this advice to none besides, 
least I becom prejudiced thereby ; Ihope the Lord will strengthen me with health, 
that once more I may see his Majesties face, to vindicate myself from all as- 
pertions, and to let his Majestic understand, that all my actions in these parts 
hath been altogether to settle his interest and concernments. 

I perceive by the last letter sent unto me by the Justices of the Province of 
Main (a copy of which I have amongst the others, herewith sent you, as also 
of another sent by the same persons to Col. Xicholls), that their fears do still 
continue, which by the approbation and advice of Col. Nicholls shall be at- 
tended, and (I hope) removed, by Sir, 

Tour most affectionat and 

Faithfull servant, 
(Signed) ROBERT CARR. 

New Yorke, April 9th, 16G6.* 



* From J. Carter Brown's Manuscripts, Vol. i. Nos. 04-71 and ' 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly, held at Newport^ 
March 27, 1666. 

Mr. Benedict Arnold, Governor. 

Mr. William Brenton, deputy Governor. 



ASSISTANTS. 



Mr. John Card, 
Mr. James Barker, 
Mr. Edward Smitb, 
Mr. William Carpenter, 
Mr. Arther Fenner, 



Mr. John Browne, 
Mr. William Baulston, 
Mr. Samuell Wilbour, 
Mr. John Greene, 
Mr. John Weekes. 





DEPUTIES. 




Mr. 


Nicholas Easton, 


Mr. 


Thomas Clemants, 


Mr. 


William Coddington, 


Mr. 


William Hall, 


Mr. 


John Easton, 


Mr. 


Lot Strange, 


Mr. 


John Clarke, 


Mr. 


John Briggs, 


Mr. 


Peter Easton, 


Mr. 


William Woodall, 


Mr. 


Henry Bull, 


Mr. 


James Greene, 


Mr. 


Richard Scott, 


Mr. 


Edmund Calverly, 


Mr. 


Thomas Burden, 


Mr. 


Richard Carder, 


Mr. 


John Smith, 


Mr. 


Amos Westcott. 



The deputy Governor chosen Moderator. 
Joseph Torrey, Clarke of the Assembly. 
Ordered, that the petition of Capt. William Hudson, capt. hu<3- 

'- '■ son's peti- 

Mr. Edward Hutchinson, &c., presented to the Honoura-"°°- 
ble Sir Robert Carrj and his answer theretOj be read in 
this Assembly. 



140 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1666. To the Ilon'ble Coll. Cartwright and Mr. Sam'U Maverick, two of his 
^_^^ -^_. Majesties Commissioners, ettc 

The petition of Capt. \Vm. Hudson, John Paine and others concerned 
in the Narragansitt and Nayantick countries. 

Humbly shevveth. That forasmuch as your petitioners have found 
much disturbance to the great hindrance of his Majestyes Plantation, and 
detriment to his faythfiill subjects, by the inhabitants of Rhode Island, 
and such as pretend to belong to that Collonie, all our best endeavours 
for an issue of those troubles hitherto ineffectuall, as furder appeares by 
a late action of ten or twelve men, in ariotus way, p lling dowue a house 
the like to which hath bene formerly acted with other abusses not tolerable. 

Your petitioners, therefore pray, that your Honours please to heare 
his Majestyes gratious letter to the united Colonies, and their letter 
to Rhode Island thereupon, with what else is needful! to your infor- 
mation ; whereupon, wee cannot doubt your Honors, will see cause 
to write to that government of that Island, and to the men of Potto- 
comscatt, whose insolencies are before mentioned. To require that 
they interrupt not your petitioners proceedings in planting the said 
country according to his Majesties letter, and their just rights. Al- 
soe, that they proceede noe further in their planting untill the matter 
bee determined betweene themselves, Conecticott and others the pro- 
prietors of the said lands. And your servants shall ever pray, ettc- 
■ — /. Carter Broum^s Manuscripts, Vol, i. No. 45. 

Ordered, that the matter proposed by the Governor, 
relating thereto be soe far taken into consideration as 
u.fne'Itdaytho it bo wavod for the presant, because it is soe late in 
the day that the Court sees cause to adjourne, untill to 
morrow eight of the clock, and then the aforesaid occa- 
siones to be revised againe and to be proceeded in accord- 
ing as may be thought best by the Assembly. 

Whereas, the last night there was a reference by the 
Court of the petition of William Hudson, Edward Hutch- 
tion 'return- i'^son, &c., prescntcd to Sir Robert Carr, &c., and the 
tk.vernor. auswer of his Honour to them againe : and it haveing 
been agetated in Court, the vote is that the aforesaid pe- 
tition and answer is returned to the Governor againe. 

Whereas, the Court have been informed by Mr. Randall 

Howldon that Mr. James Greene, Mr. Edmund Calverly, 

SStyes^ Mr. Richard Carder, and Mr. Amos Westcott are chosen 

aScwded deputyes for the towne of Warwicke, the Court doe order 

that the aforesaid men be called and placed on record as 

deputyes for that towne. 



AND PROVIDENCE PLANTATIONS. 141 

There haveing been a long agetation about the engage- 1666. 
ment that was enacted and agreed upon by the Gennerall ^--^^^-^^ 

o r J j^ Commit- 

Assembly in May last, that is thought to be hard on the ^_^^^^ ^^'^^« 
consciences by many, the Assembly after much debate, "'"''• 
have thought fitt to choose a Committee to consider of a 
way to mittigate the aforesaid engagement, and to that 
end to draw vp their thoughts and present it to the As- 
sembly to morrow morning by eight of the clock. 

The men chosen are the Governor and Mr. Nicholas 
Easton. 

The returne of the Committee. 

The Assembly having seriouesly weighed the inconven- The answer 
iencyes that, at presant appeare in this Collony by reason™'"^-' 
that many such as have been able and well quallified active 
members in carrying on the afaires of this Corporation, 
are now made incapable, for that they cannot give the en- 
gagement in that very forme that was contrived by the 
seriouese advice of the Gennerall Assembly in May, 
1665, and judged to be suitable to answer the most tender 
consciences in the performance of their duty to his Majes- 
tye, and to the Collony ; but some termes there in seeming 
to some too much touching on the conscience, which, 
whether it happen for want of understanding the scope of 
the termes, or by indeed seeing somewhat that is inconsist- 
ant with religioues concearnments. The Assembly being 
(as far as they can justifie themselves therein) really wil- 
linge to indulge men's consciences, or that sollomly pro- 
fese soe to bee ; doe therefore, for the satisfaction of all 
such order and declare, that such as are free in their con- 
sciene, soe to doe, give the engagement afore mentioned, 
composed by the Gennerall Assembly abovesaid ; or if 
they rather choose to give the oath of alegiance now re- 
quired in England, that shall be taken ; but if any pro- 
fese that there are some words in either, which in conscience 
they cannot condescend to say or vse ; yett if either in 
open Court or before two magistrates that are engaged rs 



142 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. by a former law of the Collony is therefore made ; any such 
'-^^^^^' person that soe doth sollomly profese that his conscience 
is straightened as aforesaid, yet can and doe in words sig- 
nificant, there declare his aiegiance and submission to his 
Majestyes government, as hee is supreame head of the 
nation ; and doe profese seriouesly that they resolve and 
engage to yeald obediance, actively or passively, to the 
lawes made by vertue of his Majestyes authority ; every 
such soe promising or engaginge, shall be restored or ad- 
mitted vnto the privilidge of a freeman of this Cor- 
poration, any former law to the contrary hearof notwith- 
standing. 

Presented to the Assembly, and signed March 29, 
1666. BENEDICT ARNOLD, 

NICHOLAS EASTON. 

Whereas, the Court haveing considered a letter from 
A letter from the townc of Warwlckc that was directed to the Governor 
considered. Deputy Govcmor and Counsell, wherein they complain of 
the burden that they conceive is imposed on them in a 
late rate made by the Assembly, the Court doe order that 
a letter shall be sent to them from the Court, to pro- 
vocke and stirr themup to pay the rate spedilye. 

The Governor is desired to draw up a letter and to pre- 
An answer, scnt it to the Court to morrow morning by eight of the 
clock. 

Ordered, that the Recorder shall draw vp another of the 
same nature to the towne of Providence. 

Vpon the request of Joseph Torrey to the Court, for 

Left. Torrey satisfaction for his jurneye to Southertowne to treat with 

fo?Toingto Connetticott Commissioners, by order of the Assembly, 

October 26, 1664, the Court doe, for his satisfaction, alow 

him fowre pound starling, to be payd by the Gennerall 

Treasurer. 

Whereas, the towne of Portsmouth, by their magis- 
portsmoath tratcs and deputy es have requested that the Assembly will 
petition. ^^^^ them in pertickeler leave to capitulate with Mr. John 



AND PROVIDENCE PLANTATIONS. 143 

Clarke concerninge their rate, and if hee and they can 1666. 
agree, that they may pay in their whole sume to himselfe ; ^--»^>^-"^' 
and that Mr. John Clarkes receitt therefor may be their 
discharge in that respect, as well as if it had been payd to 
the Gennerall Treasurer, &c. The Assembly doe grant 
their request thereby, however, not intending but the or- 
der formerly made, of paying the rate into the Gennerall 
Treasurer shall stand in forse to other townes and places. 

Whereas, there hath been verdict of jury and judgment p^^^^^^.^^ 
of Court for William Harris, plaintiflfe, against John IIor-SicF°"' 
rod, defendant, as by the records of the Gennerall Court hanticuur 
of Trialles, held for this Collony at Newport, the eighth of 
March, 1663, it doth appeare, and exicution having been 
therevpon granted, which is not as yett served, as by a 
petition and complaint presented vnder the hand of Wil- 
liam Harris vnto this Assembly, and praying for justice 
therein ; it doth appeare, and the Court, vpon diligent in- 
quirey finding that the Right honourable Sir Robert Carr, 
Knight, Colonell George Cartwright, and Esquire Maver- 
ick haveing had addresses made to their honours about the 
matter, did take cognizance thereof, signifying their pur- 
pose to heare and issue the same, which their Honours 
purposses were frustrated by other waighty afaires, soe as 
they could not end it for want of time, and soe weare 
faine to leave it as they found it, wdiich said proceedings 
occasioned a suspension of searving the said exicution ; 
wherevpon the said William Harris, makeing his address- 
es to the Right honourable Colonell Richard Nicolles, &c., 
praying for justice in the matter. The said honourable 
gentlemen, Colonell Nicolles and Esquire Samuell Maver- 
icke therevpon recommend inge the matter for a full hear- 
ing and determination vnto the Governor, deputye Gov- 
ernor and Assistants of this Collony, desiring it might be 
spedily determined ; but the said Governor, finding the 
matter beyond the power of their owne authority to say 
ought in the matter as to judge farther therein, seeing it 
had already passed as abovesaid, in a Courii of Records, as 



144 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. the said Governor and magistrates declare in open Court 
^-"■"^-••"^^ withall declaring that as now the matter is circumstantiat- 
ed, it must or can be noe other power in this Collony can 
determine pro or con as to the advice about searving or 
farther suspending the exicution above premised, but a 
law makeing Assembly ; and it being also cleare vnto this 
Assembly that they ought to take notice of, and resolve in 
the matter, haveing there vpon seriously wayed the same, 
doe enacte, advise and declare that exicution of the judg- 
ment of Court abovesaid be exicuted without farther de- 
lay, as in such case the law made by his INIajestyes au- 
thority doe require. 

Whereas, by former order vpon the case commenced by 
M?rcod-"° Mr. Coddino;ton aorainst Mr. Dyre, about killing a mare of 

dingtonand ^ , , , • t i /^ • 

Mr. Dyre. ]\Xj-, Coddiugtou s, aud there haveing been verdict of jury 
and judgment thereon, and there having been an addrese 
made by Mr. Dyre to the King's Commissioners, and they 
againe referring it to the Gennerall Assembly, by which 
there was a stope put to the exicution ; and the Assembly 
in October did endeaver to have perswaded both the par- 
tyes concerned to a loving compo.sure without farther pro- 
ceedings in law, but could not accomplish the thinge prest 
for ; and Mr. Coddington haveing requested the Court that 
the Sargant may be impowered to serve the exicution in 
the case ; the Court haveing wayed the matter, doe or- 
der that exicution shall proceed and goe on, any former 
order to the contrary notwithstanding. 

The Assembly having taken notice of the motion from 
Deputie'i"" ^^^ townes of Portsmouth and of Warwick, desiring the 
*""°=*P'""' Assembly would order that the deputy es may sitt apart 
from the magistrates as a House by themselves ; and con- 
sequently the magistrates to sitt as a House by them- 
selves : and that of these two houses may consist the law 
makeing power, called in the Charter the Gennerall As- 
sembly of this body, collony, or corporation of Rhode 
Island and Providence Plantationes. And this present 
Assembly haveing well weighed such conveniauces, and 



AND PROVIDENCE PLANTATIONS. 145 

such considerationes as may perswade to grant the same, 1666. 
and yett to provide ngainst such inconveniancyes as may ^--^-v-"*-' 
for want of mature and sound advice proceed therefrom, 
doe in this presant Assembly enacte and declare that it is 
freely agreed, that the request of the townes aforesaid, be 
granted and ordered, that the mngistrates sitt by them- 
selves, and the depntyes by themselves, and that each 
house soe sitting have equal power and priviledge in the 
proposeing, composing and propagating any act, order 
and law in Gennerall Assembly ; and that neither house 
in Gennerall Assembly shall have power without the con- 
currance of the majour part of the other House, to make 
any law or order to be accounted as an acte of the Gen- 
nerall Assembly. This in gennerall, is fully ordered, with 
a recommendation of the more pertickelar and methodicall 
settleing the wayes and circumstances of ordering and 
regulating the afaires in each house and addresses, &c., 
from the one house to the other, vnto the consideration 
of the Gennerall Assembly, that is to sitt the first 
Wednesday in the month of May, now next ensuinge : 
where it is hopefully expected the matter may be fully 
debated and sett in a good way vpon more deliberation 
than this presant time can afford. The Court haveing al- 
redye sate long on other weighty matters that lay before 
them. 

Ordered, that the Recorder shall have for his atendance 
on the Gennerall Assembly in October, and for the As- 
sembly now in March, 1666, for coppies of both, twenty 
five shillings from each towne. 

Ordered, that coppies shall spedily goe forth vnder the 
seale to each towne. 

VOL. IT. 10 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Gencrall Assembli/ held at Newport, 
May the 2, 1666. 

Mr. Benedict Arnold, Governor. 

Mr. William Brenton, Deputy e Governor. 

ASSISTANTS. 

Mr. John Card, Mr. John Browne, 

Mr. James Barker, Mr. William Baulston, 

Mr. Edward Smyth, Mr. Samuell Wilbore, 

Mr. William Carpenter, Mr. John Greene, 

Mr. Arther Fenner, Mr. John Weeks. 

DEPUTIES. 

Mr. John Clarke, Mr. William Harris, 

Mr. Nicholas Easton, Mr. Thomas Harris, 

Mr. William Coddington, Mr. Edward Enman, 

Mr. Peter Easton, Mr. John Sanford, 

Mr. John Easton, Mr. Thomas Lawton, 

Mr. Henry Bull, Mr. William Woodell, 

Mr. John Throckmorton, Mr. John Albro. 

Mr William Brenton, Deputy Governor, chosen Mod- 
erator. 

John Sanford, chosen Clarke of the Assembly. 

Voated, the Court adjourned to give way for the 
•election. 

At the General! Election held at Newport, May the 2, 
1666. 

Mr. William Brenton, chosen Governor, and ingaged. 
Mr. Nicholas Easton^ chosen Deputy Gov'r, and ingaged. 



AND PROVIDENCE PLANTATIONS. 147 

Mr. William Corlrlington, chosen Assistant and ingaged. 1665. 

Mr. Richard Tew, chosen Assistant and ingaged. v-^-v^*^ 

Mr. John Easton, chosen Assistant and ingaged. 

Mr. William Carpenter, chosen Assistant and ingaged. 

Mr. Thos. Olnye, Sen'r, chosen Assistant and ingaged. 

Mr. William Harris, chosen Assistant and ingaged. 

Mr. William Baulston, chosen Assistant and ingaged. 

Mr. Sam'Il Wilbore, chosen Assistant and ingaged. 

Mr. Richard Carder, chosen Assistant. 

Mr. Benjamin Smyth, chosen Assistant and ingaged. 

John Sanford, chosen Generall Recorder and ingaged. 

Mr. James Rogers, chosen Gen'll Sargant and ingaged. 

Mr. John Coggeshall, chosen Gen'UTreas'r and ingaged. 

Mr. John Easton, chosen Gen'll Atiirny and ingaged. 

Mr. William Dyre, chosen Solicitor and ingaged. 

Mr. William Reape, Mr. Peleg Sanford, Roger Bastord, 
Mr. Walter Clarke, Thomas Rogers and John Reed, John 
Stanton and Syraon Cooper, all of the towne of Newport, 
and beinge by their Towne Clerke presented, are admitted 
freemen of the Collony. 

George Halsall, inhabiting in Newport, and haveing 
presented himselfe, is admitted a freeman of this Collony. 

Soe many of the towne of Providence in the list pre- 
sented by their Towne Clerke, who are not alredy ad- 
mitted, are now admitted by this Court freemen of this 
Collony. 

Those presented by the Towne Clerke of Portsmouth, 
are admitted freemen of the Collony, 

The list from the towne of Warwick, vnder the hand of 
their Towne Clerke, soe many of them who are not alredy 
admitted, are now admitted freemen of the Collony. 

Ordered, that the Generall Serjant shall goe to Mr. Jo- 
seph Torrey, the late Generall Recorder, to desire him,, 
either to bring or send the Booke of Records of the lawes 
and orders of this Collony into this present Assembly. 

Ordered, that the Generall Sergant be sent vnto Mr. 



148 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. Benedict Arnold, Mr. John Card, Mr. Edward Smyth and 
^-^^^^^^-^ Mr. John Greene, that it beinge by law their liberty to 
sitt and act in this presant Assembly as Deputies, the 
Court doe desire their assistance. 

Voated, that summons be sent from this Court to the 
Assistants, which were this last election chosen, to apeere 
and give ingagements to their offices. 

Ordered, that whereas, Mr. William Blaxton hath putt 
up a petition to this Assembly (for reliefe in refferance to 
some mollestation from some of Plymouth Collony in dis- 
turbing of him in the possession of his lands), the sayd pe- 
tition is putt upon record ; and the Court doe order, that if 
his land fail to be under the jurisdiction of this Collony, 
they shall be ready and willinge to afford him all legall 
justice therein. 

Ordered, that Mr. William Coddington and Capt. John 
Theauditt Cranston are chosen and authorized to auditt the accompts 

ou the 

Treasurers of the Gencrall Treasurer, Mr. John Coo-o-eshall, and the 

accounts. ' OO ' 

result,, vnder their hands beinge presented vnto the Gen- 
erall Recorder, is by him to be kept in the publique 
records of the Collony. 

Whereas, this present Assembly haveing long waited on 
the countries service, and fmdinge a want of the Deputies 
from th€ severall towncs, soe that they cannot proceed to 
the caryinge on of the publicke affaires : doe therefore 
adjourne this presant Assembly, vntill the twelfth day of 
June next. 

Wee, Mr. William Coddington and John Cranston, 
\j°-- Sen'r, being appoynted or chosen by the Gennerall As- 
sembly, sitting at New^port the first day of May, in the 
MTyXieee.yeare 1666, for to auditt the accounts of Mr. John Cog- 
geshall, Generall Treasurer for the Collony, doe find 
vpon the pervseall of his accounts, that vpon the ballance 
of all accounts betwext the Collony and the abovsaid Mr. 
Coggeshall, there is due to Mr. Coggeshall from the Col- 



gcshal 
Treasurers 
accounts 
audited 



AND PROVIDENCE PLANTATIONS. 149 

lony the full and just summe of one pound, thirteen shil- 1666. 
iings and ten pence, as wittnes our hands the fowrth day^^^^-"^ 
of May, 1666. WILLIAM CODDINGTON, 

JOHN CRANSTON. 

Letter from the King to Rhode Island.* 

CHARLES E. 

Trusty and well-beloved, wee greet you well ; having received soe full 
and satisfactory account from our Commissioners, both of the good re- 
ception you have given them, and alsoe of your dutifulnesse and obedi- 
ence to us : wee cannot but let you know how much wee are pleased 
thf-rewith, judging that respect of yours towards our officers to bee the 
true and n:turall fruit which demonstrates what fidelity and affection, 
towards us is rooted in your hearts. And although your carriage doth 
of itselfe most justly deserve our praise and approbation ; yet it seems to 
bee set off with the more lustre by the contrary deportment of the Colo- 
ny of the Massachusets, as if by their refractoriness, they had designed 
to recommend and heighten the merits of your complyance with our di- 
rections for the peaceable and good government of our good subjects in 
those parts. You may therefore assure yourselves that wee shall never 
bee unmindfull of this your loyall and dutiful! behavior, but shall, upon 
all occasions, take notice of it to your advantage ; promising you our 
constant protection and Koyall favour in all things that may concerne 
your safety, peace and welfare. And soe wee bid you farewell. Given 
at our Court, at Whitehall, the 10th of Aprill, 1666, in the 13th year of 
•our reigne. 

By his Majestyes command. WM. MORICE. 

To our trusty and well beloved the Gov'r and Council 
of the Colony of Rhode Island, in New England. 



*^ From J. Carter Brown's Manuscripts. Vol. i. No. 7a 



150 RECORDS OF THE COLONY OF RHODE ISLAND^ 

1666. 



Proceedings of the Generall Assembly held for the Collony 
of Rhode Island and Providence Plantations at Newport ^ 
the ith of September, 1GG6. 

Mr. William Brenton, Governor. 

Mr. Nicholas Easton, Deputy Governor. 



ASSISTANTS. 



Mr. William Codclington, Capt. Thomas Harris, 



Mr. Richard Tew, 
Mr. John Easton, 
Mr. William Carpenter. 
Mr. William Harris, 



Mr. William Baulston, 
Mr. Samuel Wilbore, 
Capt. John Greene, 
Mr. Benjamin Smyth. 



DEPUTIES, 



For Newport. 
Mr. John Clarke, 
Capt. John Cranston, 
Left. Joseph Torrey, 
Mr. William Dyre, 
Mr. Edward Smyth, 
Mr. Thomas Harte. 
For Providence. 
Mr. John Throckmorton, 
Left. John Whipple, 
Mr. Edward Enman. 



For Portsmouth. 
Mr. John Tripp, 
Mr. John Anthony, 
Left. John Albro, 
John Sanford. 

For Warwick. 
Mr. Samuell Gorton, 
Capt. Randall Houlden, 
Mr. John Weeks, 
Mr. Edmund Calverly. 



The Governor, Mr. Wm. Brenton, chosen Moderator. 

John Sanford, chosen Clarke of the Assembly. 

Voated, that a copie of the Charter be read openly, 
which was accordingly done. 

Voated, that what matters doe concerne this present 
Assembly shall forthwith be debated and acted, and that 



AND PROVIDENCE PLANTATIONS. 151 

the Magistrates and Deputies sitt and act together this 1666. 
present Court ; and that the law made the 27th of March, ^--"^v-^-^ 

^ Conoerninge 

1666, concerninge their sitting apart, be referred to the [j^p^^y^s su 
farther consideration of the Generall Assembly in October 
next. 

Voated, that a boate be forthwith procured and sent to fo^^^a\?„f,f 
Warwick to signify to the Magistrate and Deputys of that 
towne, the Courts desire of their advice and assistance. 
Mr. Thomas Harte is desired to procure a boate and hands 
to goe to Warwick, the charge wdiereof is to be paid by 
the Gennerall Treasury. 

Voated the Clarke of this Assembly is desired to signify 
by wTittinge to the gentlemen of Warwick, the Courts de- 
sire of their assistance, and that Mr. Carpenter is desired 
to come with them. 

Voated, that the Charter, with his Majestyes letters, Jenl &!•!''''' 
and such other Avrittings as concerne the Collony, which 
now are in the custody of Mr. Benedict Arnold, the late 
Governor, be sent for, and brought to this present Assem- 
bly ; the persons chosen to demaund and receive the 
same, are Mr. William Harris, Left. Joseph Torrey and 
John Sanford ; who are likewise authorized to give the 
said Mr. Arnold a discharge for what they receive in be- 
halfe of the Collony. 

Voated, that the receipt given to Mr. Arnold by the ^^^he^^^cej.?* 
Committee sent from this Court, be recorded, they have- Qovernon 
inge according to their trust delivered the Charter and 
other letters mentioned in the sayd receipt unto this pres- 
ent Court, and are hereby discharged thereof. The copie 
of the said receipt is, vigt. : 

Accordinge to the within specified order, wee have ad- 
dressed ourselves to Mr. Benedict Arnold, the late Gov'r 
of this Collony, and have from him received his Majestys 
gracious Charter, bearing date the 8th day of July, in the 
fifteenth yeare of his reigne ; also a letter from his Maj- 
estye under his Secretary Bennett's hand, dated the 23d of 
Aprill, 1664 ; also a letter from the Lord Chancellor 



152 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. Clarendon, bearing date April the 28tb, 1664. A copie 
'•'^^^^^^•^ of a letter of advice from his Majesty to his Commissioners 
dated the 28th of January, 1664. A copie of the order 
for reprizalls, dated the 2Tth of February, 1664, directed 
to Collonell Richard Nickolls, for the sayd late Governor, 
as also a letter from the sayd Collonell Richard Nickolls, 
in which the sayd copies are inclosed ; the Scales, both of 
the Charter and other letters not beinge any waies de- 
faced. 

Wee have, as aforesayd, received the 6th day of Sep- 
tember, Anno. 1666. 

Witnes our hands, WILLIAM HARRIS, 

JOSEPH TORREY, 
JOHN SANFORD, 
Wee also have received of the aforesaid Mr. Benedict 
Arnold the order of his Majestyes Commissioners under 
their Scales, concerninge the eastern bounds of the Collo- 

ny by them at present sett, which is dated the , 

and the other part on the back side of it the 11th of 
March, 1664. 

Witnes our hands, WILLIAM HARRIS, 

JOSEPH TORREY, 
JOHN SANFORD. 



&c., to be 
kept bj the 

Governor- 



Yoated and ordered, that the Charter, with the King's 
'letter, and other writtings aforementioned, are committed 
to the custody of the Governor, Mr. William Brenton, for 
the safe keeping thereof, untill the Generall Assembly 
shall otherwise order. It is also ordered, that the parch- 
ment presented by Mr. John Clarke, contayniuge the 
agreement of Mr, Winthrop and the sayd Mr. Clarke, as 
agents for Coneticott and this CoUony, is committed to the 
Governors keeping, to be kept with the Charter. 

Ordered, that two Assistants be chosen by this Court, 
one for Providence, the other for Warwick, instead of Mr. 



AND PROVIDENCE PLANTATIONS. 153 

Thomas Olney and Mr. Richard Carder, chosen by the 1666. 
hist Generall Election, who have refnsed their ingagement^-"^^'-^"-' 
to that office. 

The persons chosen and ingaged, are Capt. Thomas 
Harris and Capt. John Greene. 

Voated, that forasmuch as the address to his Majesty Leue.^Bto^be 
from this Collony, and also the letter to the Lord Chan-"*"^"^- 
cellor Clarendon, and other papers sent from this Collony 
by Collonell George Cartwright, beinge lost ; it is order- 
ed, that the copies of the said letter and papers be sent 
to England by the first convenient opertunity, and signed 
under the Governors hand, with the scale of the Collony 
thereto affixed.* 

Voated and ordered, that the Governor and Mr. William fee^toTraw 
Baulston, Mr. William Harris, Capt. John Greene and toVe Lnuo 

' ^ . his Mtgestie. 

Mr. John Clarke, or the major part of them, are desired 
and authorized to draw up the CoUonys addresses to his 
Majesty, a letter to the Lord Chancellor, together with a 
letter to Collonell Cartwright, and the ordering the man- 
ner of sending them ; and also the copies of those formerly 
sent, are left to the sayd Committee as they in their wis- 
doms shall judge most meete. 

Voated, that whereas Mr. William Dyre hath taken done'by Mr. 
much paines in drawinge out the copies of the addreses, paycuor.'^ 
letter, plait and other papers aforesent per Collonell Cart- 
wright, and they beinge to this Court presented, are by 
them received ; the Court doe order, that the sayd Mr. Dyre 
shall be payd for his labour and paines therein out of the 
Gennerall Treasury. The Governor, and Mr. William 
Baulston, Mr. William Harris, Capt. John Greene, and 
Mr. John Clarke are authorized to determine what Mr. 



* Hutchinson states that Colonel Cartwright was the bearer of the 
proceedings of the King's Commissioners to England ; and that in his 
passage he was taken by the Dutch, " stripped and very ill used." All 
his papers were taken from him and never recovered. — Hist, of Massachu- 
setts, ]). 250. He was doubtless the bearer of the letters here referred to. 



154 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. Dyre shall have for his paines in copieinge the aforesayd 
'''•^^^'^*^ writting's. 

Ordered, that the sayd copies shall be entered into the 
toTeZT Gennerall Records ; and it is ordered, that noe copies 
shall be given to any persons of the sayd address to his 
Mnjesties letter to the Lord Chancellor, and other papers 
now to be entered upon record, nntill the CoUony have 
certaine information of their beinge safely received in 
England. 

[Order of the General Assembly appointing a committee 
to prepare an address to the King ; the first portion ob- 
literated.] 

******* their hearts 

' all spedily to exprese the great and unbounded loyalty that 

his Majesty, our most gracioues soveraigne Lord, King 
Charles the Second of England, &c., with consent of heart 
has declared in behalfe of this whole Collony, that how- 
ever the other CoUonys or any of them shall stand affect- 
ed, or prove disloyall, yett that this Collony promise and 
resolve to stand loyall to his sayd Majestye, and to pro- 
mote his royall interest in these parts, to the very vtmost 
of their power, vpon all occasions whatsoever, that may 
be presented to that end and purpose for them to take no- 
tice of continually. 

And further, the Assembly haveing a deep sense of the 
gracious ftivour of his Majesty to this Collony, and of our 
owne need of his royall countainance to be extended tow- 
ards us, 

Doe order that the Governor, Deputy Governor, Mr, 
John Card, and Mr. John Clarke, be desired to take care 
of and putt into a good method, such addresses to his Maj- 
esty in the name of the Collony as may tend to the ratify- 
cation of our Charter, vindication of our bounds and ex- 
tents on all hands, erectinge of schooles and promotinge of 
learninge by some encouragmcnts from England ; fortify- 
cation of the ports of this Collony ; encouraginge of trade 



AND PROVIDENCE PLANTATIONS. 155 

by some privileclge in that sort granted, and whatsoever 166C. 
else may tend to the common good of the whole ; to ■^^"-^-"^ 
which end, it is ordered, that at Newport, on Tuesday, the 
sixth of June next, there be a meeting of the aforesayd per- 
sons, and that the Governor in the nieane time give notice 
to all the Assistants now absent, of the sayd time of meet- 
ing on the sayd occasion, desiring that as many of them 
and of these now present as cann, will be present and 
give their advice in the premises : and v/hat is drawne vp 
be sent to his Majesty under the hands of the Governor 
and Deputy Governor, with the Collony Scale affixed ; 
and the Recorder is forbidden to give out any copie of those 
two last orders, except to the Governor and Counsell, 
without speciall order. 

The above written is a true copie, and was ordered to 
be entered on record by the Generall Assembly, sitting 
September 4, 1666, as attests. 

JOHN SANFORD, Gen'U Recorder. 

Rhode Island's Petition to the King. 

To the King's most excellent Majestic : 

The humble petition and addresse of the Governor and 
Company of his Majesties Collony of Rhode Island 
and Providence Plantations, in New England: — most 
humbly sheweth : 
That wheareas, your Majesties most humble subjects 
and suppliants, as soon as we heard the joyful tidings of 
your Majesties hapie restoration to the possession of your 
royale crown and dignity, making oor humble addresses 
by petition unto your royall jMajestie, in which we em- 
ployed that fliithful and trusty agent, Mr. John Clarke ; 
did thereupon by your Majesties royall bounty obtayne 
a most free and ample charter of incorporation, for our 
possessinge, improveing, and governinge the lands and 
islands in and of the Narragansett bay and country, in 
New England, which grant your Majestic was graciously 




RECORDS OF THE COLONY OF RHODE ISLAND, 

pleased to make firme and good to us and our successors 
forever, under the great Seale. And that, also done after 
your Majestic had taken cognizence of the Indian Sachims 
submission of the said country unto your Majestic, in the 
year 1662, in which they remembered an address of the 
same nature made some eighteen yeares before to your 
Royall father, of blessed memorie, which, their address 
was never, nor could be taken notice of untill their late 
addresse aforementioned in 1662 ; in the meane time, we 
liveinge and governinge here by virtue of a Charter grant- 
ed in his late Royail Majesties name by the Lords and 
Commons in 1643. The said Indians sold severall consid- 
erable tracts of the Narragansett country unto people of 
this Collony, and received therefor full satisfaction as in 
their said late address they do acknowledge, and indeed, 
some thousand of pounds it hath cost the people of this 
Collony in those purchases, even more than the other Coi- 
lonies hath expended for ten times as much which they 
possess, who yett could not content themselves, but in- 
croached on this small corner, not only dispossessing, mo- 
lesting, captiveing, and fineing, your Majesties leige peo- 
ple here liveing, but also claiming all the country by strainge 
pretences of free purchases, and gifts by forced mortgages, 
from the Indians, therein including the Indians rights unsold, 
with those aforesaid, sold to some of this Collony ; whereup- 
on it pleased your Majesty in your royail wisdom to send your 
honourable Commissioners to inrjuire into those matters ; 
who have with exceeding travil and care, paines and pa- 
tience, judgment and discretion, accordingly most honour- 
ably discharged the trust in them reposed. And upon 
finding the Indians to owne their subjection, former and 
latter, and seeing the hard dealings by the other Collonies 
used to them, and us, did for a present expedient distin- 
guish those lands from the rest of this your Majesties Col- 
lony, by the name of the King's Province, and prohibit- 
ed all Collonies from the exercise of jurisdiction. And 
xifter, by a special commission under their honours hands 



AND PROYIDENCE PLANTATIONS. 157 

and seales, did commit the government to tlie Governor 16GG. 
and Counsell of this CoUony, untill your Majesties pleas- --*''->^-«*»' 
nre be farther knowne. All which being the effect of 
your Majesties gracious and fartherly care of us your poore 
unworthy subjects, thereby wee feel much ease at present 
from the great oppressors ; and for it wee returne all 
hundde thanks as in duty bound. And however by this 
late result our character seemeth to be very much im- 
paired, and as it were in part suspended for the presents 
yett, wee in all humility doe confesse an'] owne your Maj- 
esties royall wisdom, and the justice of those honourable 
persones, your Majesties Commissioners ; believing that 
there is not any, the least intent, to make voyd our Char- 
ter in any part, but rather reconfirm and inlarge it. 
AVherefore, wee have made bold in some other papers, 
humbly presented, to the Right Honourable the Earle of 
Clarendon, Lord High Chancellor of England, to declare 
some reasons, why of right and necessity, the wdiole coun- 
try of Narragansett, as in the very letter of the Charter, 
should belong to this your Majesties Collony. As also 
why the line betweene your Majesties Collony of New 
Plymouth and us, should be settled accordingly, though at 
present somewhat shortened. And for the more cleare 
demonstration of the same matters, wee have caused a 
draught to be made of Plymouth and Connecticut ; and 
more partickelerly of this your Majesties Collony, lyinge 
bet\veene them, and have herewith humbly presented it. 

Therefore, in the great experience of your Majesties 
most wonderfiill grace and favour showed vnto vs, we 
prostrate ourselves in all loyalty and humility at your 
Majesties feet, and most humbly implore your Royall Grace 
and favour to restore your Majesties royall grant to its for- 
mer state and extent : reacljoyninge the King's Province 
to the rest, and so reconfirme unto us, that, your Majes- 
ties said late royall grant, as it is under the great Scale. 
And to sett and settle our eastern bounds also, accord- 
ingely. So shall wee be encouraged to goe on propagate- 



tOb RECORDS OF THE COLONY OF RHODE ISLAND, 

16G6. ingc plantationes of that which Liyeth waste, and by 
■-*^''^*- GOD'S help, and your Majesties gracioues fjivour, shall 
be able to serve your Majestic in protectinge and directinge 
the Indians here living; and instructing their children in 
learning, and civill education ; as also in putting this Col- 
lony in posture of defence, promoting of trade, husbandrie, 
and fishinge, and governing ourselves in peace and justice 
under your Majestie, forever devoted to pray for your Maj- 
estic, and for your Majesties long life, and greatness here, 
and etern;d glories hereafter. 

IGC.C. 
These to the Right Ilon'ble Edward Earll of CLarendon, 

Lord High Chancellor of England, most humbly presented. 
Right Honourable : 

IIowe"\'er, there are upon us, so very many and great 
obligations to your Lordship, for these unmerited fa- 
vours hitherto extended unto this, his Majesties Collony, 
which here to recount would but add to your Lordships 
trouble to read, and to ourselves greater measure of 
shame, in that we have not, nor as 3'et cannot, save in 
empty words, any way return your Lordship any, the 
smallest toaken of our acknowledgements, but are even in 
a wantinge, and consequently in a craving condition, for 
your Lordship's favour to be still our defence and releife. 
May it please your Honour — this poore depressed and al- 
most extinguished Collony, next under GOD and his 
Majestie, owe even their all unto your Lordship ; and' 
however, have not wherein else to show their gratefull ac- 
knowledgments, did designe to chuse and set apart out of 
this small tract, a compitent and convenient tract of land 
for a farm of a thousand acres or thereabouts, and to have 
begged your Lordshipp's acceptance of the same, so as to 
own, and dispose of it, at your Honour's pleasure ; and 
should take it as the greatest favour possible, your accept- 
ance thereof. 

Now it so falls that a present seeminge cloud passinge 



AND PROVIDENCE PLANTATIONS. 159 

over our Collony doth eclipse the splendour of our Charter, 1666. 
and render us in sort uncapable of disposing ought, in ^-*-v-"^ 
the far greater part of his Royall Majesties grant — and of 
our absolute clear purchases from the Indians. But be- 
leiving there is no intent, but that all will be restored to 
its full and cleer extent unto us, in which we humbly im- 
plore your Lordship's favour, to be our helper and pro- 
tector. Some reasons, we have made bold to present to 
your Lordship in two papers, shewing why of righte and 
necessity, that now called the King's Province, be still 
continued and adjoyned to the rest of this Collony ; and 
why the lyne betweene Plymouth Cohony and us be estab- 
lished as in the map prescribed, it being according to the 
very letter of the Charter to us granted. And we have 
yet a further humble petition to your Lordship, concerning 
some helps of incouragement towards the fortifycation of 
this bay, which in very deed is the most excellent in New 
England ; considering the climate most healthfall — site 
most commodious — in the middle of the CoUonies — har- 
bours most safe for the biggest ships that ever sayled the 
sea — and of all sorts whatsoever ; and for outlett, and 
inlett, soe good as none can equall it. That in the hard- 
est winters, when the Massachusetts and others to the 
east and west, are fast locked up with strong doores of ice, 
this is always open — besides the conveniency of the main 
land and islands, at the very enterence so neere each 
other — easy to be secured by forts in either channel. One 
meanes, may it please your Lordship to incourage the 
growth of, and give strength to this his Majesties Collo- 
ny, would be by some act of grace, extending some pe- 
iiuliar privilege in poynt of freeness of commerce, hence 
to other his Majesties dominiones, with some ease in some 
measure as to taxes upon that which is imported, or ex- 
ported, though but for some yeares. But wee dare not 
direct your Lordship's wisdom, but only implore your 
honourable countainance in what shall seem the best ; only 
one thing shall we be bound to propose concerning an es- 



160 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. tate that is bequeathed in England, for the pious end of 
'-'•^-'"^'-'propagatinge the gospel in convertinge, or at least in- 
structinge the Indians in the knowlidge of morall virtues, 
and by degrees to know GOD. Here is the greatest num- 
ber of Indians, living in the confines of this little spot, that 
are in any part of New England besides ; and however 
these which are growne up to ripe yeares in their wild 
and uncivill manner, v\dll liarclly leave their own sensuall 
customs ; yet, were there a school erected, with meanes 
to maintayne it, for the bringing their children, some to 
learninge, and some to handy crafts, for the increase of 
manufoctures ; there would in a few years, by the bless- 
ing of the LORD, appere a very hopeful change, and in 
one generation they would in a great measure be made 
hapie ; and also be a means of good advance unto his 
Majesties interest in these parts, under the government 
by his Majestic already here Gst;d3lished unto us, under the 
great Seale. And therefore we humbly implore your 
Lordships favour, in furthering this good worke, if soe it 
shall in your Honours wisdom appere to bee. And thus 
craveing your Lordships pardon for our extreme boldness 
and importunity, we shall huudjly recommend to your 
Honorable consideration, the perusal of our humble peti- 
tion to his Hoyall Majestie herewith presented to your 
Lordship's view, humbly craveing your Lordships favor, 
to cover or excuse our boldness, or any other errors there- 
in (to us unawares) committed. And so far to extend 
your Honours favor to us, as we may thereby be restored 
to the hapines of enjoying that most ample graunt in 
its full extent, which we o\vn ourselves to your Lordship 
for procuring the same at first ; but most exceed- 
ingly bound to your Lordship, for those high favors men- 
tioned in your honourable letter to us, therein declar- 
ing such unexpected regard to us as was and is wonder- 
full, and hath emboldened us, thus to presume to give 
your Lordship this further trouble, by the hands of this 
noble and honourable gentleman, ColloneU Cartwright, to 



AND PROVIDENCE PLANTATIONS. 



161 



whom and the other honourable Commissioners, we are 1666. 
most deeply engaged for that exceeding care, pains, and ^--"^■'-*» 
travill, taken in our behalves ; and the most unbyassed 
resolutions, by their honours proceedings declared upon 
the hearing of all differences, soe as wee have cause, and 
hope shall have, to bless the LORD, and the Kings Maj- 
estic, and return all humble thanks to your Lordship, for 
this hapie visitation by those honourable persons, where- 
by, those incredable oppressions we indured, of scorn and 
contempt, slander and reproach, threatning and molesta- 
tion, captiveing and imprisoning, fineing and plundering 
this Collony, is now made cleere before their honours, and 
therein clearly discovered a combination of all the Collo- 
nies, to root us up and expose us to ruin, in seeking out 
new places of the wilderness ; there to struggle, with all 
sorts of difficulties, as in the begining of the plantation 
they forced us to do, and denyed us relief in greatest dan- 
gers, while our sufferings could not be known to any but 
GOD and ourselves, until this time of hearinge was come. 
But not to give your Lordship more trouble at this time, 
wee humbly cast ourselves and cause, at your Lordships 
feet, and with all cheerfullness subscribe ourselves in be- 
half of this his Majesties Collony of Rhode Island and 
Providence Plantations, your Lordships most humble and 
faithfully devoted servants. 

Some reasons, humbly presented unto the Right Honoura- 
ble Edward, Earll of Clarendon, Lord High Chancellor 
of England ; by the Governor and Company of his 
Majesties Collony of Rhode Island and Providence 
Plantations, shewing why it is both right, and of ne- 
cessity, that the part of the said Collony distinguished 
by the name of the King's Province, should remaine to 
the said Collony. 

1. Forasmuch as wee have had possession by free 
purchase in some part of the middle of the Narragansett 

VOL. II. 11 



162 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. country, by the Indians sale, about seven or eight and 
^--^v-^i-' twenty yeares, besides what was before [(hat time] grant- 
ed to the four townes of Providence, Portsmouth, New- 
port and Warwick. 

2. For that, the said country is wholly and clearly 
contained in the graunt made in his late Majesties name, 
by the Lords and Commons, in the year 1643, before the 
Indians surrendered themselves and lands unto his late 
Majesties government and protection, which graunt was 
since confirmed ; and that which ^Ir. Wells underhand, got 
of the same country was [not] prohibited, being passed at 
Counsell table, nor registered. 

3. For that the Indians since the said graunt, have sold 
severall parts of the said country, and taken full satisfaction 
for it, of the people of this Collony, who bought and possess- 
ed it quietly ; until within this four or five years, the other 
CoUonies by clandestine purchases and forced mortgages, 
have both encroached upon that which those people had pur- 
chased as aforesaid, and the rest, asyetunsold ; and this is ful- 
ly cleered to be true, by the Indian sachems owne acknowl- 
edgements in their address to his royall Majestic, in April, 
1662 ; which address was by the Honourable Commission- 
ers Sir Robert Carr, Knight, George Cartwright, and Sam- 
uell Maverick, Esquires, here produced, and to the said 
Sachems read, and by them cleerly understood and owned. 

4. Forasmuch as the whole is contained in his Majesties 
late royall graunt to this Collonie in 1663; to di;ide the 
same in two severall parts, it will render both soe inconsid- 
erable, as that neither will, in any measure be sufficient for 
uny competent number of people to live upon, besides the 
inconveniencys that will arise by mixture of one with the 
other, which would render both in a state of much trou- 
ble and discouragement to people for building, or settling 
upon it ; except contained in one intire tenure, as graunt- 
ed to the Collony aforesaid, and under that one gov- 
ernment. 

5. For, that the whole is considered to be fully 



AND PROVIDENCE PLANTATIONS. 163 

grailnted in our patent under the great Seale, containing 1666. 
all that is now called the Kings Province, and the rest is '^^^"^^"'^^ 
no way answerable unto the least of the other CoUonies, 
in quantity, as by a mapp, calculated in that respect ac- 
cording to true information and knowlidge, and herewith 
presented ; it doth appeare so that on either part (if 
parted), there can be no competency to raise any consid- 
erable supply of provisions for trade to his Majesties other 
plantations ; nor can this Collony grow to any maturity of 
strength, to serve his Majestic, but groane under the 
weight of poverty, and be subjected still to the will of the 
other CoUonies, to give what they please for the little we 
raise ; we being not able to transport it, as being not 
worth while, farr abroad to make the best of it, because 
of the little quantity thereof. 

6. For, that by experience we have found, that by 
reasons of the interruptions this Collony hath had in the 
possessing the Narragansett, now called the Kings Prov- 
ince, which interruptions were by force from the other CoUo- 
nies, as it is clearly shown to the Honourable Commissioners 
afore mentioned ; many of the people of this Collony have 
been forced to expose themselves to seeke out other plan- 
tations to their utter ruin, and undoing ; and some into 
Plymouth claimes twelve or sixteen miles from Rhode Is- 
land, which, had we had the use of the said Narragansett 
country, would have in a good measure suffised and incour- 
aged our owne people, and have given strength and 
growth to the Collony to have set upon tradinge and 
fishinge, &c. 

7. And lastly, that the country of the Narragansett, of 
right, belongs to this Collony ; not for the aforesaid reasons 
only, but also for that, although the sachems did about 
twenty yeares since submit it and themselves to his Maj- 
esties late royall father of glorious memorie, yet no cogni- 
zance could be, or was then, or even after, by his said 
Majesty, taken of the same ; nor untill the sachems made 
their last address unto his royall Majestic in the year 



164 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. 1662, when their address was taken notice of, in 
^-^^-^-^^ mentioning the said country, and owning it to be contain- 
ed in our former graunt, &c. His most royall Majestic 
thereupon and thereafter, however graciously pleased to 
give and grant the said Narragansett country, expressly 
unto this Corporation ; all it and the rest, under the name 
of the English Collony of Rhode Island, &c. , theas in the said 
Charter under the great Scale, it is more partickularly men- 
tioned ; which said graunt, we humbly and cheerfully ex- 
pect to be firme and good, and will be soe accounted and 
confirmed by his Majesties royall grace to us and ours 
for ever. And the rather because his Majestic granted 
that which the Indian sachems had so freely and fully 
surrendered to his royall will and pleasure, to order and 
dispose. 

Some reasons humbly presented to the Right Honourable 
Edward, Earll of Clarendon, Lord High Chancellor of 
England, by the Governor, and Company, of his Majes- 
ties Collony of Rhode Island and Providence Planta- 
tions, for settling the eastern line according to the 
meaneing and letter of the Charter. 

1. Because, that the line intrencheth not on Plymouth 
pattent (such as it is), for that is not bounded by the sea, 
on the south, in that graunt, but by a river called Narra- 
gansett river, no such river being known. 

2. Because, Rhode Island lyeth inclosed, and in a 
manner included within the land which Plymouth would 
have to be within their jurisdiction. And yett it is the 
Narragansett Bay, and therefore good reason that the 
main land enclosinge, and so near adjoyning to the Island, 
should pertain to it ; especilie being expressly graunted by 
his royall Majestic in our late Charter, in express words, 
three miles to the east of the most easterly and north 
easterly parte of said bay. 

3. Because, the Island being small, scarcelie hould- 



AND PROVIDENCE PLANTATIONS. 165 

inge three miles broad, any great parte of it, and fifteen 1666. 
long ; the inhabitants, especially on that side the Island '-^^-^^•^ 
lyinge near the maine land, are forced there to winter 
their cattle, and otherwise also to keep them there, which 
land hath otherwise never been improved by Plymouth, 
but it hath layne waste neere forty years since they first 
began the Plantation. Besides, many of ours for mere 
necessity have bought the land neere the water on that 
side of the Indian owners, and possessed it many years 
peaceably ; it being so very remote from Plymouth towne 
and from any towne of that Collony, as that it would be 
of little use to them if they had it. 

4, Because the nearnes of that land on the east side is, 
by experience an annoyance to this government, by being 
only at present out of the jurisdiction of this Collony ; 
there being fiirmes made by some of this Island people, 
just over the river within call of the Island, where any 
that are culpable by the law here, make their escape over, 
and are there out of reach, even of Plymouth ; a towne soe 
very remote, that not under three or fewer dayes time are 
we able to reach it, in which [time] the offenders are inabled 
to make finall escape. Nor can we make the chiefe parte 
of this Collony, [except] on this Island, haveing none else 
fitt as this, which indeed is hard to be equalized in New 
England, for reception and safe riding of vessels of all sorts, 
and in all seasons, and in the hardest frosty winters, which 
is not so in any other part of the country. 

5. Because, the maine land on the east side as afore- 
said, is soe neere the Island, and the river betweene soe 
convenient, that a towne on that side would answer to 
them on this side very commodiously, on all occasions of 
reliefe or defence ; and, indeed, this Collony can never be 
secured from invasion, if that side (for such a quantity is 
mentioned in our Charter) be not in this jurisdiction ; and 
at its devotion, it lyinge soe remote from Plymouth, as 
afore is sayd, that it cannot answer them to fortify it, it 



166 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. being near fifty miles from them by land, and above a 
'-*'-^'''"''*^ hundred by water. 

6. Because, the people of this Island there settled 
and settling themselves, haveing beine used to, and lived 
in this government, doe earnestly long still to be under 
the protection and direction thereof; as alsoe they beinge 
neare us, and soe very remote from Plymouth, by which 
meanes it is very difficult for them to attend their Courts 
of Justice. 

7. Because, the native Indians, both sachems and oth- 
ers, not only, and often in former times, have motioned 
and desired to be in or under this government ; but even 
alsoe of late, since we received the late royall graunt un- 
der the great Scale, have by word and writtinge, desired 
that they might be esteemed, deemed and owned, with- 
in this jurisdiction : haveing alwayes for near thirty 
yeares had very neare, frequent, and friendly commerce 
and intercourse with us. 

Voated, forasmuch as it hath pleased his Majestic of 
England, to invest by his royall graunt, this his CoUony of 
Rhode Island and Providence Plantations with such pow- 
ers and privileges as can scarce be parallelled amonge his 
subjects (or any other), throughout his dominions, which 
sayd powers and privileges, by a prudent and well man- 
agement of our Geunerall and law makeing Assembly, and 
also of the Collony Courts of Tryall, which are for the ad- 
ministration of justice and jiidgraent accordingly, will, by 
the blessinge of God, be best improved for the advancinge 
of the peace, prosperity and liberty of this poore Collony 
and the people inhabitinge therein. And soe as in some 
good measure to answer one maine ground of his Majes- 
ties graunt, which was to hould forth unto him a lively 
experiment that a most flourishinge civill state may stand 
and best be maintayned, and that among his English sub- 
jects with a full liberty in religious concernments, &c. 
And if soe, then by the rule of contrarys it may be duly 



AND PROVIDENCE PLANTATIONS. 167 

collected, that by an imprudent and ill management of the 1G6G. 
Courts aforesayd, the aforesayd powers and priviledges ex- •— '-^'^*^ 
prest in our Charter, will be so lickly to be neglected and 
missimproved, as extreemly to hazard the loss of the 
whole. And forasmuch, as it hath beene found of late 
that by reason of the neglect or abscence of persons who 
have bene nominated, deputed and apoynted to serve in 
the Generall Assemblys and Courts aforesayd, there hath 
bene such failures and disapoyntments with respect to the 
premises, as hath not onely exposed the Collony to re- 
proach and contempt among our neighbours, but hath ex- 
treemly hazarded the loss of our Charter, w^ith all the 
powers and previledges contayned therein ; and seeing 
that it may be justly suspected that the aforesayd miscar- 
riages may be occasioned by want of such provision as is 
usually made in all such cases, wherein persons concerned 
may see themselves strongly obliged, partly through hope 
of reward in case of attendance, and partly through feare 
of pennalty in case of neglect. Bee it therefore enacted 
by this present Assembly and by the authority thereof, the oeputyi^ 
that all persons, whether Magistrates, Deputys or other 
officers, that shall from henceforth be nominated, deputed 
and apoynted to serve in the Generall Assembly and 
Courts aforesayd, shall, laying aside their private occa- 
sions apply themselves to the publicke service for which 
they are called ; for which service they shall receive each 
of them three shillings a day during the time they are 
soe imployed, which sayd sallary shall be allowed and 
payd in manner and forme as followeth ; that is to say, 
such persons as are imployed in the Generall Assembly, 
haveing their account stated and bill signed by the Mod- 
erator of the sayd Assembly, it shall be allowed as a cur- 
rant debt, and may be sett off or discounted in the next 
rate that shall be made and levied in the respective townes 
to which they belong, whether out of their owne rate, or 
out of their neighbours. And such persons as are im- 
ployed in the Collony Courts of Trialls, excepting such 



168 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. as have sett fees, haveinge their account stated and bill 
'-''"^'■^*-^ signed by the Governour ; or in his absence, and by his per- 
mission the deputy Governor, it shall be allowed as a cur- 
rant debt, and may, by virtue of such bills soe signed, 
be demaunded of, and shall also be forthwith satisfyed 
by the publick Treasurer, out of those monies which either 
by fine, forfiture or otherwise, are brought into the 
Treasury. 

And bee it further enacted and also declared, that in 
wa\e*8^1nd ^^^^ ^^^ magistrate, officer or deputy that shall be nomi- 
"^P"t'^';'J^gnated, deputed or apoynted to serve in the Generall As- 
sembly of this Collony, and shall at any time hereafter 
there neglect to attend at the place and time apoynted to 
doe the Collony service, unless he be able to give, and 
doth also give unto the sayd Assembly such weighty 
grounds and reasons in writtinge, or otherwise, for his 
neglect as may in their judgment hould him excussed, or 
shall depart the Assembly during its sitting without their 
leave, or at least of the Moderator thereof; and in case 
the major part of the magistrates besides the Governor, 
whose office it is to sitt and serve in the Collony Courts of 
Tryall, there to order and see that such methods and rules 
prescribed for the tryall of causes, and for the speedy ad- 

i'ine for ..... 

non-attend- muiistration of justice and judgment accordingly be duly 
court. observed ; shall at any time hereafter neglect to attend 
the sayd Courts at the place and time apoynted, unless 
they or any of them shall give such reasons nnto the 
Court as may hould them excussed, or shall depart the 
Court dureing its sittinge without its leave ; that then such 
Magistrate, Deputy or officer belonging to the Courts 
aforesayd, all and every of them soe offendinge, shall for- 
fitt the double of what he or they otherwise for their ser- 
vice should have received ; that is to say, six shillings 
per day for every day duringe the sitting of the sayd 
Courts, which fines and forfitures shall be adjudged, levi- 
ed, and taken in manner and forme as folio weth : that is 
to say, such as are made by members belonging to the 



AND PROVIDENCE PLANTATIONS. 160 

Generall Assembly shall be adjudged in the Assembly. 1666. 
And in licke manner such as are made by members be- ^— ^--^' 
longinge to the Courts of Tryall, shall be judged in the 
sayd Court ; and in the last day of the sitting of either, 
which according to the weight of the grounds rendered for 
the defect, may abate of the pennaltys as they shall see 
good ; which sentance or sentances, beinge recorded in the 
respective Courts to which they belonge, the Clarke of the 
Assembly, for such as belong to the Generall Assembly, 
and the Generall Recorder for such as belong to the Courts 
of Tryall, shall forthwith issue out warrants to the Generall 
Sargant to levie and take by distraynt of each delinquant, 
such sum or sums as are soe adjudged, who under the perrill 
of contempt of authority, and under the pennalty offorfit- 
inge double the vallew, shall by himselfe, or by his deputy 
or deputys, take the distress or distresses aforesayd ; andriues, how 
such as relate unto the Generall Assembly to returne into 
the treasury of the respective towne or townes to which 
the persons belong, for the use of the towne ; and such as 
relate to the Courts of Tryall to returne into the publicke 
Treasury for the use of the Collony ; all which distresses 
and returnes shall be accordingly made and returned with- 
in two months of the date exprest in the warrant. 

And further, bee it enacted by this present Assembly Tj^g^^iijj^„ 
and by the authority thereof, that in case a generall suni-erauAsrem- 
mons be given forth by the Governor, or in his absence, 
or by his permission, from the Deputy Governor, to call a 
Generall Assembly or Collony Court of Tryall, and the 
writts be not speedily sent forth by the Generall Sargant 
to the severall townes in order to make preparation for the 
sayd Courts according to lawes in that case provided ; or 
in case writts be sent forth according to order, and any 
towne or townes shall neglect to assemble and make pre- 
paration accordingly ; that then the sayd Sergant, towne 
or townes that shall be found guilty of such neglect, shall 
each of them forfitt five pounds ; which said forfitures shall 
be adjudged, levied and taken in manner and forme as 



170 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G66. folloNYC'th, that is to say : such neglect and forfitures 
'-''"■^''"'*^ thereupon, which rehite to the Generall Assembly, shall 
be considered and judged in and by the sayd Assembly ; 
and such as relate to the Collony Court of Tryalls shall be 
considered and judged in the sayd Court, and by the Gov- 
ernor, or in his absence, the Deputy Governor and Assist- 
ants, and major part of them then present ; and being soe 
judged and recorded in the respective Courts to which 
they belong, by vertue of a warrant from the Clarke of the 
Generall Assembly or Generall Recorder unto the Gen- 
erall Sergant in such forfitures as relate to towne or 
townes, they or any of them shall be levied and taken by 
distraynt, either by himselfe or by his deputy or deputys 
out of the estate of the treasurer of the respective towne 
or townes from which such forfiture or forfitures by this 
meanes come to be due ; or in case a treasurer cannot be 
found, then out of the estate of any magistrate or freeman 
of the same towne that shall be found guilty of such neg- 
lect. Butt in such forfitures wherein the Generall Serjant, 
or his deputy or deputys are concerned, then by vertue of 
a warrant from the Clarke of the Generall Assembly or 
Generall Recorder unto a Towne Serjant or Constable that 
is not concerned, such fine or forfitures shall be levied and 
taken by distraynt out of the estate or estates of the afore- 
sayd Serjant or Serjants ; which sayd distresses, soe taken, 
shall, under the perrill and pennalty aforesayd, be return- 
ed within two months of the date of the writt into the 
publick Treasury, for the use of the Collony ; and this act 
for the compleatinge and filUng up of the Generall Assem- 
blys and Collony Courts of Tryalls, and every part and 
parcell thereof, shall stand in full force, any act, law, stat- 
ute or ordinance, or any clause or clauses therein con- 
tayned, usage or custome formerly made or had in this 
Collony to the contrary hereof in any wise notwith- 
standing. 

Bee it enacted by this present Assembly and the au- 
thority thereof, that the Governor, Deputy Governor and 



AND PROVIDENCE PLANTATIONS. 



in 



The number 

magis- 
rates to sitt 
n the Collo- 



Assistants of this Collony shall from time, to time, take 1666. 
care of the Collony Courts of Try alls, to order and see 
that the methods and rules prescribed for the try all of«f 
causes, and the speedy administration of justice and judg- Ify'couHs'of 
ment accordingly be duly observed. And it is further de- 
clared, that in case the Governor or Deputy Governor and 
any of the Assistants, to be fower at least, shall apeere at 
the time and place where such Courts are to be held, they 
shall then and there have full power to sitt as a Collony 
Court of Tryall, and be fully im powered according to the 
orders and rules in that case provided, to heare, issue and 
determine all actions, cases and controversys, matters and 
things relatinge unto such Courts as amply and fully as if 
all were present therein ; and it is further ordered, that 
in case theire apeere not such ^ number of Magistrates as 
aforesayd to attend that service, then shall all the Mag- 
istrates that shall bo found neglectfull of their duty there- 
in, forfitt the sum of five pownd apeece ; which forfiture 
shall be taken as is exprest in the like case in a former 
act for the compleatinge of the Generall Assembly and 
Collony Courts of Tryall ; any law, statute or ordinance, 
usage or custome heretofore made en* had in this Collony 
to the contrary hereof in any wise notwithstanding. 

Voated, upon a petition presented by the commaunders j^[\';^^;y«f- 
and officers of the trayne band of the towne of Newport, 
and also upon the searious consideration of the great neg- 
lect of the due exicution of the enacted lawes of this Col- 
lony concerninge the militia, for the pennaltys of per- 
sons not attendinge the service of the millitary exercise 
according to law, is not duly taken by reason that the 
power of judging and takinge fines, is placed in such 
persons as either cannot or will not performe the same, 
the neglect whereof is licke to be an occasion of the ruin 
of the millitary exercise throughout the wdiole Collony, if 
not timely prevented. Vpon the consideration whereof, 
and that the sayd millitary exercise be vigerously carried 
on in this Collony, it is by this present Assembly declared^ 



172 RECORIS OF THE COLONY OF RHODE ISLAND, 

1666. that from hence forward, it is, and shall be in the power 
-*^-^^' of any two magistrates in each towne, together with the 
Captain and Lieutenant of the band, or the major part of 
them, to judge of the excuses of such persons who are de- 
fective ; which being judged, it shall be in the power of 
them, or major part of them, to graunt forth warrant to 
any officer or officers of the Trayne Band as they shall 
think fitt, and apoynt to take by distraynt the fine or fines 
of such person or persons who shall be defective in non-ap- 
pearance, &c., according as the laws formerly made in 
such cases have determined and the sayd fine or fines if 
not payed by the defective person, shall as aforesayd be 
taken by distraynt twice in the year. And the officer that 
takes the sayd fines, in case of opposition, to be impow- 
ered to require and take, sufficient ayde, and to be al- 
lowed therefor, as the former lawes doth express in such 
cases. And also the sayd fines beinge taken, are to be 
forthwith returned unto the Captain of the Band, or in his 
absence, the Lieutenant to be impowered by the respective 
company in each towne as they shall think fitt. And this 
law to be in force, any law or lawes in this Collony to the 
contrary hereof formerly made notwithstanding. 

It is ordered, that from and after the twentieth day of 
Hogs of In- December, now next cnsueing, that it shall not be lawfull 

(Hans to *-" 

marke"' ^^^' ^^^3^ Indian or Indians within this Collony of Rhode Is- 
land, under any pretence whatsoever, to keepe or cause 
to be kept, either hog or any other swine, haveing any 
apparant cutt marks in one or both their eares. And if 
any hog or hogs, or any other swine shall be found in the 
custody or possession of any Indian or Indians within this 
Collony marked as aforesayd, it shall be lawfull for any 
person or persons to take, seize and dispose of the same 
hog or hogs, or other swine ; the one half whereof shall 
returne to the towne treasury in which bounderies it was 
taken, the other halfe to the party or parties which shall 
seize the same or cause it to be seized. 

It is also ordered, that noe English or Indians, party or 



AND PROVIDENCE PLANTATIONS. ITS 

parties within this Collony after the time of the piiblica- 1666. 
tion hereof, shall presume to either buy, sell, barter or •«-'->'-•»'-■ 
exchau2:e any hos: or hog's or any other swine whatever, sou.i wuh. 

!Z> J a G J 'out cares. 

being alive or dead, that have not the eares to the sayd 
swine, vnless the sayd party soe selling, exchanging or 
barteringe such swine, doe, by sufficient proofe unto a jus- 
tice of the peace within this Collony, make manifest that 
the eare or eares of any such swine was torne off by dog 
or dogs, or some other lickly accident. And if any shall 
be found faulty herein, then it shall, as aforesayd, be law- 
full for any persons within this Collony to take, seize and 
dispose the same ; the one half to the towne treasury in 
which township it was taken, and the other halfe to the 
party which shall take and seize the same. Also it is or- 
dered, that if any halfe hog or hogs or other swine being 
slitin two, and have noe eare to its halfe, and be brought 
to be sold, exchanged or bartered, it or them shall be for- 
fitt as aforesayd. And this law to be in full force, any 
law or lawes in this Collony to the contrary notwith- 
standinge. 

It is ordered by this Assembly, that from henceforth it ah hides 
shall not be lawfuU for any person or persons within this^je 
Collony to buy, sell,' exchange or barter any beast, hyde 
or hydes, sheepe skin or skins with the wool on, or have 
in his custody any such hyde or skin which have not eares 
to the sayd hyde or skin, unless, by sufficient proofe to a 
magistrate or justice of the peace within this Collony, it 
be made manifest that such hyde or hydes, skin or skins, 
the eare or eares were torne off by some dog or dogs, or 
by some other lickly accident ; andif any person shall be 
found guilty of the breach of this order, he or they shall 
forfitt and loose all such hyde or hydes, skin or skins, and 
also to pay for every such hyde the sum of three pownds 
starling ; and for every sheepe skin, the sum of twenty 
shillings ; the one halfe, both of hyde or skin and pennal- 
ty, to returne to the towne treasury, in which township 
the sayd hyde or skin is taken, the other halfe to the party 



and skins to 



174 



RECORDS OP THE COLONY OP RHODE ISLAND, 



1666. 



Thomas 
Gould's pe=- 
tition an^ 
swered. 



The Gov' 
account. 



Former or- 
ders 10 be 
recorded. 



None to sell 
liqours 
•without li- 
cence. 



Men to audit 
the peverall 
townes debts 



taking or seizing the same. And it is hereby declared) 
that it shall and may be lawfall for any person or persons 
within this [Collony to make com play nte against any per- 
son or persons tran.sgressinge this law]. 

Whereas, there is a petition presented to this Assembly 
by Thomas Gould concerninge a rescue made by Indians 
in the rescueinge an Indian after arrested : voated, that 
the Court doe give him an answer, which is, that they doe 
not conceive it a matter that conccrnes them, but doe 
leave the sayd Thomas Gould for redress to a course in 
law and the Courts, in such cases already provyded. 

Voated and ordered, that the Governors accompts pre- 
sented to this Court, of twenty frwer pownd^, six shil- 
lings, whereof sixteene pownds, accepted by the Court, 
held May the 4th, 1064, is part, is now ordered to be 
payed to the Governor out of the Generall Treasury. 

Voated, that whereas Lieut. Joseph Torrey, the late 
Recorder, hath in this Assembly delivered two orders 
made by the Assembly, May the 3d, 1665, which he was 
then ordered to keepe private, concerninge the drawinge 
addresses, &c. to his Majestic, this Court doe order that 
the sayd orders shall be placed to the record by this 
Recorder. 

Ordered, that noe victualing house or victualler sell liq- 
uors without lycence from the Magistrate, who also shall 
give security to keepe good order according to the law in 
in that case provyded, under the pennalty imposed by 
the law. And that none sell liquors on the first day to 
English Indians, but shall lose twenty shillings for every 
such offence, any law, order or allowance to the contrary 
notwithstandinge. 

Voated, upon the returne of the Committee sent forth 
by this Court for the auditinge the Collonys debts, and 
findinge out a way to pay moneys in England ; the Court 
desire, authorize and impowere the folio winge for the sev- 
eral townes : for Newport, Capt. John Cranston, Lieut. 
Joseph Torrey and Mr. Thomas Harte ; for Providence, 



AND PROVIDENCE PLANTATIONS. 175 

Mr. William Carpenter, Mr. William Harris and Capt. 1G6G. 
Thomas Harris ; for Portsmouth, John Sanford and Lieut. ^"^--^*-' 
John Albro ; for Warwick, Capt. John Greene, Capt. 
Randall Hoiildon, and Mr. Edmund Calverly, to be the 
persons by this Court impowered to audit the sevcrall 
debts in the respective sayd tovvnes, and to take speedy 
course that Mr. John Clarke's debts be forthwith indea- 
voured to be payed. 

Forasmuch, as our late a";ent, Mr. John Clarke, for the Mr. John 

' D 5 5 Clark's 

procuringe of our Charter among the debts, was n^^cessi- ™°^{.f^^^^°^ 
tated to contract a debt with Mr. Richard Deane in the oir/the''^'' 
Collonys behalfe, of one hundred and forty pownds, for 
the securety whereof he was constrayned to put his house 
and land in Newport under a mortgage. And forasmuch 
as for the non-payment of the aforesaid debt, at the time 
and place apoynted (there being now elapsed about twenty 
months), the house and land of the aforesayd Clarke 
seemes to be under a forfiture, and to lye at the mercy of 
the sayd Richard Deane or his assignes, which must 
needs be grieveous for our sayd late agent to beare, and 
cannot be easy, creditable nor safe for the Collony to suf- 
fer. Be it therefore enacted by this present Asseudjly, 
and by the authority thereof, that the aforesayd debt be- 
ing contracted by our aforesayd agent in the behalfe of the 
Collony, and alsoe well improved for the advantage there- 
of, is therefore of all right and good reason to be deemed 
and owned by it. And it is thereupon by this present As- 
sembly declared, that it shall from henceforth be deemed 
and (not to be the debt of our sayd late agent, but) the prop- 
er debt of this Collony of Rhode Island and Providence 
Plantations ; and thereupon doe further enact and de- 
clare, that the aforesayd Clarke shall be and is hereby de- 
clared to be fully and wholly exonerated and discharged 
of the aforesayd debt. And to the end our aforesayd 
agent may suffer no detriment in his estate by reason 
of a certain instrument given in to the aforesayd Richard 
Deane, by when his house and land as aforesayd was under 



176 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G66. a mortgage for the security thereof. Bee it resolved, and 
^-«''^^'^^' also enacted by this present Assembly, that the whole 
to'be securf- Collony of Rhode Island and Providence Plantations shall 

ty for Mr. •' 

Clarke. j^g ingHgcd, and is hereby declared to stand mgaged as 
the Collonys security to our sayd agent, to secure the 
securety he hath given on the behalfe of the CoUony, from 
any the least disquiet, detriment, annoyance or moUesta- 
tion that may or cann arise, or befall himselfe or his es- 
tate with respect to the premises, or any thing relating 
thereto. And this act and every part thereof to stand in 
full force, to all intents and purposes therein specifyed, 
any act or acts, clause or clauses in any former act or acts 
made or established to the contrary hereof in any wise 
notwithstanding. 

And now to the end in a speciall manner, and in the first 
place the Collony debt aforesayd of one hundred and forty 
pownds to Mr. Richard Deane, together with good consid- 
eration and allowance for the forbearance thereof may be 
forthwith payed and discharged, and currant bills pro- 
cured for that purpose, and also sent unto him by Mr. 
Norton Westrow, who is now goeing for England, and is 
also authorized by him to demaund and receive the 
same : 

Bee it therefore enacted by this present Assembly and 
by the authority thereof, that the Committee lately named 
to take care that the debts of our late agent, Mr. John 
Clarke, be forthwith fully and discharged, to witt : Capt. 
John Cranston, Lieut.^ Joseph Torrey and Mr. Thomas 
Harte, for Newport ; Mr. William Harris, Mr. William 
Carpenter and Capt. Thomas Harris for Providence ; Capt. 
Committee Jol^ Sauford aud Lieut. John Albro for Portsmouth ; and 
mon°e'ys1or Capt. Johu Grecue, Capt. Randall Houldon and Mr. Ed- 
mund Calverly, for Warwick, shall be aud are hereby de- 
clared to be fully authorized and impowered to make spee- 
dy, strict and dilligent inquiry into the late levie of six 
hundred pownds made and proportioned to the severall 
townes and villages and parts of the Collony by the Gen- 



AND PROVIDENCE TLANTATIONS- 17' 

erall Assembly in the yeare IGGi, for the purpose afore- 16GG. 
sayd, in order to finde out who hath payd in their proper- "-""--''^ 
tions thereof to our sayd agent, and v;ho are behind. 
And that the sayd Committee are also hereby authorized, 
impowered and also rer[uired, with all possible speed that 
may be, in the respective townes to which they belong and 
elsewhere, to ask, demaund and receive in the Collonys 
name and for their use, as is aforesayd, all such sum or 
sums as are yett due upon that account from any person 
OF persons within the sayd townes, or any parts annexed 
thereto, or throughout the Collony ; and the sayd sum or 
sums being received, fall releases and ample discharges to 
give ; which shall be as firme to all intents and purposes, 
as if given by this present Assembly and vnder the hand 
of the Moderator thereof And it is further enacted, that 
the sayd Committee is hereby impowered and also re- 
quired, with all possible speed, to doe their vtmost indea- 
vour by the aforesayd receipts, to procure currant bills to 
discharge the aforesayd debt due to Mr. Eichard Deane, 
with good consideration for the forbearance thereof, and to 
send them (together with letters expressing, among other 
things by way of apologie for these long delaies) the 
Collonys thankfull acknowledgments for the many civiletys 
and courtecys heaped upon them as by their agent they 
have beene thoroughly informed by IMr. Westrow, who is 
now goeing by the first opertunety. And in case current 
bills cannot be procured within the time prefixt to answer 
the whole, that the sayd Committee shall send such as can 
be procured, with letters houlding' forth such reall appolo- 
gys for the Collonys defects herein as may justly be made, 
and such ample promises on the Collonys behalfe with re- 
spect to allowance for the forbearance of the whole, and 
of what is behind as may give him grounds hopefully to 
expect, as oppertunity is offered a performance thereof. 
And to the end the Committee aforesayd may not fayle by 
this meanes to have effects in their hands, whereby the 
VOL. II. 12 



178 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. bills aforesaycl may be procured, and also dispatched avray 
^^-""v-^' by this present opertiinity. 

Bee it enacted by this present Assembly and by the au- 
thority thereof, that writts shall be forthwith drawne up 
and signed by the Clarke of this Assembly and delivered 
into the hands of the saycl Committee ; being directed 
unto the Generall Sergant, for the towne of Newport, 
the Towne Sargent or Constable for the respective 
townes of Providence, Portsmouth and Warw^ick, and parts 
annexed thereto ; and for Block Island, Pettecomscuttfor 
any other place exprcst in that order of the Generall As- 
sembly ; in which writts, the aforesayd Sergants and Con- 
stables shall be strictly comaunded and required under 
very great perrills and pennaltys (the credit of the Collo- 
ny and safety of the Charter very much depending there- 
on) to observe the orders, and directions from time to time 
of the aforesayd Committee with respect to this great trust 
reposed in them. And by the direction and appointment 
of the sayd Committee shall forthwith give notice to, and 
also require the free inhabitants of any tow'ne or place that 
hath not as yett observed the Generall Court order in that 
case provyded ; that they forthwith meet together and 
make an equall and just rate for the payment of such sum 
or sums as upon the account aforesayd have beene imposed 
upon them. And that they shall, upon and by the direc- 
tion of the sayd Committee, forthwith give notice unto and 
also require, all those that have not yett payd in their rate 
aforesayd, to repaire by such a time as shall be prefixt, 
and to such persons as shall be deputed by the sayd Com- 
mittee, to pay their rate or to contract wdth them for the 
payment thereof. And that the aforesayd Sergants and 
Constables shall also, upon and by the directions and 
apoyntment of the sayd Committee, forthw^ith levie by dis- 
traint all such sum or sums as shall not by the time prefixt 
be payed to or contracted with such as as are deputed as 
aforesayd for the payment thereof; which distresses see 



AND PROVIDENCE PLANTATIONS. 179 

leTiecl and t;iken, shall, under the pennalty of forfitting 1CG6. 
double, be forthwith payed in unto the Committee afore- '>-*'"^'-'*»^ 
sayd, or unto such as they shall depute to receive the 
same. And it is further enacted by this present Assembly 
and also declared, that the aforesayd Mr. William Harris 
and any six, five or fovv^er of the sayd Committee shall 
have and are hereby declared to have, full power to act in 
the premises, as to the giveinge forth directions and orders 
aforesayd ; as to the apoynting of times and places of 
meeting ; as to the procureing of bills and writting letters 
and dispatching the same away to Mr. Eichard Deane by 
the first opertunity, or as to any other matter or thinge re- 
latinge to the speedy, faithfull and effectuall discharge of 
this present trust reposed in them, as amply and as fully, 
as if all and every one were present and concurring there- 
in ; and what the sayd JMr. William Harris or any six, 
five or fower of them shall doe in the premises upon the 
account, and to the ends aforesayd, shall be deemed, 
judged and owned of as full force and vertue, to all intents 
and purposes, as if acted and done in this Generall Assem- 
bly. Provyded, nevertheless, that what is acted and done 
by My. William Harris and the rest of the sayd Commit- 
tee in the premises shall be brought in, and an exact ac- 
count shall be given unto the Generall Assembly next en- 
sueinge. And this act and every part and parcell thereof 
shall stand in full force to all intents and purposes, any 
act or acts, or clause therein, usage or custom made or 
had in this Collony to the contrary hereof in any wise not- 
withstanding. 

Ordered, that the copies of these acts concerninge Mr. 
Clarke and the Committee apoynted for the takeinge care 
of the payinge the Collonys debts to Capt. Richard 
Deane, shall be sent to the respective townes within fower 
dales of the dissolution of this Court under the Scale of 
the Collony. 

Ordered, that the Clarke of this Assembly shall have for 
copies of all this Court acts, and for trancescribing sent by 



180 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1 G66. Colonell Cartwright for England, and for affixing the Seale 

-""^v-.*^ to these copies forthwith, to be sent to the townes con- 

cerninge reaisinge moneys to pay Mr. Deane in England, 

and for aflixinge the Seale to the rest when sent forth, the 

sum of thirty shillings from each towne. 



Proceedings of the GeiieraJl Assembly held for the CoUonu 
of Rhode Island and Providence Plantations at Newport^ 
the olst of October, 1666. 

Mr. Yfilliam Brenton, Governor. 

Mr. Nicholas Easton, Deputy Governor, 



ASSISTANTS. 



Mr. William Coddington, 
Mr. Kichard Tew, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. William HaiTis, 



Capt. Thomas Harris, 
Mr. William Baulston. 
Mr. Samuell Wilbore, 
Capt. John Greene, 
Mr. Benjamin Smyth. 



DEPUTIES. 



Newport. 
Mr. John Clarke, 
Capt. John Cranston, 
Lieut. Joseph Torrey, 
IVIr. WillLam Dyre, 
Mr. Edward Smyth, 
Mr. Thomas Harte. 

Providence. 
Mr. Gregory Dexter, 
Mr. Thomas Arnold, 
Mr. William Wickendon, 



Mr. Epenetus Olney. 

Portsmouth. 
Mr. John Card, 
John Sanford, 
Lieut. John Albro, 
Mr. Joshua Coggeshall, 

Warwick. 
Mr. Samuell Gorton, 
Capt. Randall Plouldon, 
Mr. John Weeks, 
Mr. Edmund Calverly. 



AND PROVIDENCE PLANTATIONS. 181 

The Governor chosen Moderator of this Assembly. 1666. 

John Sanforcl chosen Clarke of this Assembly. .-^.-v-.*^ 

Voated, that whereas there is an order made Llarch 27th, f^X'pt?' 
1666, concerninge the INIagistrates and Deputies sitting a- IJe^he''" 
part, only it was by that Court referred to' the Generall As- 
sembly held in May last, and the sayd Court conceiveinge 
themselves not in a suitable capacity to act in the matter, 
did dissolve without giveing any result thereto ; and the 
last Generall Assembly sitting September the 4:th, 1666, Repealed. 
takeing notice thereof, referred the consideration of the 
matter to this Assembly ; and this Assembly having had 
long and serious debates about the premises, doe order that 
the Court doe sitt together in one house untill the Assem- 
bly take further or other order therein. 

Whereas, by an act of the Generall Assembly held atTii«jevyfoi- 
Newport, in the yeare 1664, it doth appeare a levie of^"""'"- 
six hundred pownd Avas made principally, and upon the 
poynt wholly for the payment of the Collony debts to our 
late agent, contracted in his negotiation in England for 
the procureinge our Charter : and whereas by an act of 
the last Generall Assembly held at Newport in this pres- 
ent yeare 1666, a Committee was pitched upon, and also 
impowered to make inspection into the aforesayd levie, in 
order to finde out who hath payd in their proportion there- 
of to our sayd agent, and who are behind, which sayd 
Committee were also impowered and also required with all 
possible speed that might be, to ask, demaund and receive 
all such sum or sums as were then due upon that account, 
and by the receipts thereof to procure currant bills for Eng- 
land, for the speedy discharge of that part of the Collonys 
debt due to Mr. Richard Deane, of one hundred and forty 
pownds, and to give an exact account of their proceedings 
therein to the Generall Assembly next ensuinge, as is 
more amply exprest in the sayd act. And whereas, the 
sayd Committee have here appeared in this present As- 
sembly, and have given in their account that they have 
beenc obstructed in the premises soe as not to be in a ca- 



182 RECORDS OF THE COLONY OF RHODE ISLAND, 

1666. pacity to discharge the trust reposed in them ; partly by 
■^-""^^^-^^ reason they finde very much of the aforesayd levie taken 
up, withhekl or suspended upon other and latter accounts, 
and partly by reason that they finde that currant bills cannot 
be procured at the rates exprest in the sayd act, for re- 
moveinge of the sayd obstructions and for the further impow- 
^':ff^^g°™-^^. Bring of the sayd Committee. Be it therefore enacted by 
toMrSn'this present Assembly and by the authority thereof, that the. 
conuuuei aforosayd Committee shall still remayne and be invested 
with all the powers exprest in the aforesayd act, which is 
hereby declared to stand and be in as full force and virtue, 
to all intents and purposes with respect to all persons, 
matters and things therein contained, in order to the ac- 
complishing and compleatinge of vrhat is propounded 
therein, as it was at the first day of the publishing there- 
of. And it is further enacted and also hereby exprestly 
declared, that noe other debt or debts belonging to any 
other person or persons from this Collony shall take place 
soe as to suspend or discharge any part of the aforesayd 
levie untill the aforesayd debt to Mr. Richard Deane be 
fully discharged, or some suitable course taken for the dis- 
charging thereof, excepting only what hath beene already 
payd unto or discounted by our sayd agent who procured 
our Charter, and in defrayinge the charges of convaying 
it hither. And it is further enacted and also hereby ex- 
pressly declared, that the Committee afore mentioned, in 
whome this trust is reposed, shall have full power and au- 
thority to ask, demaund, and also by distraynt to levie, 
take and receive, as is exprest in the aforesayd act, every 
part and parcell of the aforesayd levie that yet remains soe 
unpaid, at such rate or rates as they can procure currant 
bills for England, at double the valine thereof. And in 
case the sayd Committee cannot procure bills within the 
verge of this Collony, but shall see cause for the discharge 
of their trust to make some adventures abroad to the Bar- 
badoes or elsewhere, to procure the same : it is hereby 
declared, that the aforesayd adventurers shall be secured 



AND PROVIDENCE PLANTATIONS. 183 

by this present act of the Collony from any the least haz- 1666. 
ard, detriment or damage that may ensue thereupon, -*^'^=»-' 
which sayd damage, in case it shall happen, shall be borne 
by the respective towne ; or rather by such persons in the 
sayd towne, who are behind in their rate, on whose be- 
halfe, and with respect to the discharge of whose proper 
debt the adventure was made. And whereas it hath been 
declared in fliis present Assembly that there are severall 
persons inhabitinge this Collony which are yett behind in 
former rates, by reason whereof many are discouraged 
and disheartened from paying rates, and others overbur- 
dened and ready to sink for want of the just support and 
assistance which they should afford ; Bee it therefore fur- 
ther enacted by this present Asembly, that the Committee 
aforesayd shall have, and are hereby declared to have full 
power and authority to make inquiry who are behind in 
former rates, and of them and every of them to ask, de- 
maund, and in case of refusall, by distraint to levie, take 
and receive (as is exprest in the aforesayd act touching 
the aforesayd levie), every part and parcell thereof, and atvponrefuse- 
such rate or rates as is abovesayd, in order to ease the t\i^t a^':^^^^^- 
burden of those who haA-e too long been oppressed by such''^"''' 
defaults. 

Mr. John Easton, for Newport, and Mr. William Baul- 
ton, of Portsmouth, are added to the Committee to act 
with the like full power with them. 

Yoated and ordered, that the Committee appoynted for The com- 
mittee to be 
the raisino^ moneys for the payment of Mr. Richard Deanepaidfor 

a J X ^ their paines. 

shall be payed and allowed for their paines and trouble in 
the premises. 

Yoated and ordered , as an addition to the probate of Addition of 

probate of 

Wills, that in case any person dye intestate, and there be ^'>is. 
none of the kindred who will administer in case the Towne 
Councell of any of the townes shall see cause to apoynt an 
administrator to administer ; both the Councell and the ad- 
ministrator shall be indemnifyed, and the administrator 



put the 
in Older. 



184 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G66. shall be lyable to pay debts noe further than the estate of 

^-*'"^'''**-' the intestate will make payment. 

It is ordered, that Mr. John Clarke is deputed and au- 

ciarke^to thorizod to compose all the lawes of the CoUony into a 
good method and forme, leaveing out what may be super- 
fluous, and adding what may apeere unto him necessary, 
as well for the regulation of Courts as otherwise. And for 
the better effectinge of the matter, this Generall Assembly 
doe desire Mr. John Sanford, Recorder, to accommodate 
Mr. John Clarke with the perusall of the Booke of 
Records, and what trouble and charge the Recorder is 
putt to by meanes thereof, he shall be satisfyed by the 
public Treasury ; as alsoe in soe doeing, he shall be saved, 
and indemnifyed by authority of this Assembly. It is 
further ordered, that the Recorder, Mr. William Harris 
and Mr. John Greene, may, after the composure [of the 
lawes] have the view of them, and give their thoughts 
thereupon ; and furthermore, if possible, that they may 
be presented to the next Generall Assembly for their ap- 
probation, as they in their wisdoms shall see meet. 

Vpon the petition of Mr. John Almy, that he being im- 
ployed by the Governor in the time of the Dutch man of 
warr being on this coast, to discover the enemy ; and 

uy'3"service^ makcing great expedition by riding along the coast, lost a 
horse in that service : therefore, the Court doe order, that 
he shall be payed the sum of seven pownds for his horse 
out of the Generall Treasury. 

The Generall Sergant haveing exhibited his bill to this 
Court for his service done from May, 1665, to this instant 
Court, amounting to the sum of twelve pownds, fower- 
teene shillings ; it is by the Court allowed, and ordered 
to be payd out of the Generall Treasury. 

Ordered, that the Clarke of this Assembly shall have 
ten shillings from each towne for copies of this Court or- 
ders, and for the Scale thereto. 



Mr. John 
Almy to 
have £7 for 
a horse lost 
in the coun- 



The Gen' 
Sargents 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, the 1st of May, 1GG7. 

Mr. William Brenton, Governor. 

Mr. Nicholas Easton, Deputie Governor. 

ASSISTANTS. 



Mr. 


William Cocldington, 


Capt. Thomas Harris, 


Mr. 


Richard Tew, 


Mr. William Baulston, 


Mr. 


John Easton, 


Mr. Samuell Wilbur, 


Mr. 


William Carpenter, 


Capt. John Greene, 


Mr. 


William Harris, 


Mr. Benjamin Smith. 




DEPUTIES. 




Newport. 


Mr. Stephen Arnold, 


I^Ir. 


John Clarke, 


Portsmouth. 


Mr. 


James Barker, 


Mr. John Card, 


Mr. 


William Reape, 


Mr. William Woodell, 


Capt. John Cranston, 


Mr. William Hall, 


Mr. 


Peter Easton, 


Mr. Robert Hazard. 


Mr. 


Walter Clarke. 


Warwick. 




Providence. 


Mr. John Wickes, 


Mr. 


Roger Williams, 


Mr. Richard Carder, 


Mr. 


Thomas Olney, Sen'r 


Mr. James Greene, 


Mr. 


John Throckmorton, 


Mr. Edmund Calverly. 



The Governor, Mr. William Brenton, chosen Moderator 
of this Assembly. 

John Sanford, chosen Gierke of this Assembly. 

Thomas Burg, being a freeman of Newport, and by 
the Towne Gierke proposed, is admitted a freeman of this 
Collony. 

Yoated, that whereas severall of Miscomaqutt, and 



186 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1667. some of Pettacomscutt, haveing petitioned this Court to 
^-*^^'-^*^be admitted freemen, it is referred to this Courts further 
consideration. 

Mr. John Greene, ]Mr. John Easton and John Sanford 
are chosen and authorized to view the voates that come in 
for the Election, and take speciall care thereof. 

The Court adjourned till to morrow eight of the clock, 
to give ^Yay for the Election. 

The Magistracy by the Election are, vizt : 

i)Jr. William Brenton, Governor, in2'a2:ed. 

Mr, Nicholas Easton, Deputy Governor, ingaged. 

Mr. Peleg Sanford. Assistant, ingaged. 

Mr. William Keape, Assistant, ingaged. 

Mr. John Easton, Assistant, ingaged. 

My. William Carpenter, Assistant, ingaged. 

Mr. William Harris, Assistant, ingaged. 

Capt. Arthur Eenner, Assistant. 

Mr. William Baulston, Assistant, ingaged. 

Mr. Samuell Wilbur, Assistant, ingaged. 

Capt. John Greene, Assistant, ingaged. 

Mr. Benjamin Smith, Assistant, ingaged. 

The other General officers are, vizt : 

John Sanford, Gen'll Recorder, ingaged. 

James Rogers, Gen'll Sergant, ingaged. 

Mr. John Coggeshall, Gen'll Treasurer, ingaged. 

Mr. John Easton, Gen'll Aturney, ingaged. 

Edward Richmond, Gen'll Solicitor, ingaged. 

The Charter was according to order, openly read. 

1. Ypon the request of Mr. Edmund Calverly, that 
the Deputies for halfe an bowers time might withdraw 
themselves, it was accordingly voated and grauntcd. 

2. Whereas, there were some of the members of this 
Petition to Court that objected against Mr. William Harris, that he 
wm^ Harris bciug cliargcd to have exceeded his commission in the 

exicution of his office, he should be now suspended from 
being ingaged till the case be answered. It was voated, 
that the Governor shall not suspend, but administer the 



AND PROVIDENCE PLANTATIONS. 187 

ingagement unto the saycl Mr. William Harris, Assistant, 1G67. 
according to the law ; and that in case the charges hath'-*""-'''"*^^ 
ought against Mr. Harris or any other Magistrate, he hath 
his liberty to prosicute his charge. Provided, he doth 
it according to the course and order the law hath pro- 
vided. 

3. Ordered, that whosoever of the members of this ^X' when" 
Court shall be absent at the time of the Courts calling, f^-fiue's? 
shall forfitt six pence ; and for every hower after, six 
pence per hower ; and that he that shall goe out of the 
Court without the leave of the Moderator, shall forfitt six 
pence for every hower he is absent. 

4. Voated, that whereas Mr. John Clarke was chosen m.-. Jo^n 

' Clarke chos- 

first Assistant for Newport, and he refusing to ingage 'i^ta'u.'^a'ud 
thereto, the first worke of the Court shall be to fill up the"'''''''' 
number of Magistrates. 

Mr. Peleg Sanford chosen Assistant for Newport, and 
ingaged. 

5. Yoated, that to the ingagement of the officers shall 
be added these words, viz : " according to the Charter." 

Whereas, Ann, late wife to Peter Talman, of Ports- :;^|^j°'Jj^^«^j^^ 
mouth, was at the Generall Assembly, held May 3, 1665,IereTto'''" 
sentanced to be whipt at the towne of Portsmouth, and court." 
at the towne of Newport, and she at the time escapeinge 
the exicution of that sentance : and this Assembly being 
informed that she is now againe come into the Collony, it 
is ordered, that warrant shall be forthwith issued forth 
from this Assembly to any Constable forthwith, to appre- 
hend the body of the sayd Ann, and bring her before this 
Assembly, in which warrant the Constable shall be au- 
thorized, if need be, to command and require suffitient 
ayde ; and the sayd warrant shall be signed by the Clarke 
of this Assembly. 

6. Whereas, Anthony Emery, Constable for the towne 
of Portsmouth, who by warrant from this Court, was com- 
manded to apprehend and bringe the body of Ann, late 
wife of Peter Talman, of Portsmouth ; and he accordingly 



188 



KECOnDS OF THE COLONY OF RHODE ISLAND, 



1667. haveinge performed his office and brought the sayd person 
^-*^^*-' before this Assembly, the Court doe order that Capt. Mor- 
ris shall supply the sayd Constable ^u-ith necessary provi- 
sions and drink, and shall be payd therefor by the Treasu- 
ry ; and that the sayd Constable shall be allowed and 
payed for his paines and travill therein, and she is com- 
mitted to the Sergants keepeinge. 

7. Whereas, the aforesayd Ann Talmau was at the 
mans'^c'a'se. <^enerall x\ssembly, held the od of May, 1GG5, sentenced 
to be twice whipt, which by her escape was not then exi- 
cuted ; and wdiereas she hath petitioned this Assembly 
for mercy, the Court doe agree and order, that one halfe 
of her punishment shall be remitted, soe that she sh;dl be 
but once whipt with fifteene stripes, at the towne of New- 
port ; and this sentence to be exicuted at the discression 
and appoyntment of the Governor and Councill ; and the 
fine she was then fyned is wholly remitted. 

Whereas, Richard Pray, of Providence, and ^lary his 
^j^chardand wife, havc putt up a petition to this present Assembly, 
petition, therein sueing for a divorce and fynall partinge, each from 
the other, by the assent and allowance of the sayd Assem- 
bly ; and whereas, the sayd Richard and Mary, his wife, 
haveing been examined concerninge the grownds of this 
their desire, have not been able to render any such 
grownds as will warrant any such an allowance, &c. ; it 
is therefore hereby declared by this present Assembly, 
that although there seemes, upon the examination and 
consideration of the whole (to prevent the lamentable mis- 
chiefe and miseries that may follow), a kinde of necessity 
for the present, to permitt their owne act soe farr as it 
relates to their liveing apart ; yett can we not allow of 
such a partinge, as in their petition they move, for soe to 
be at liberty to joyne themselves in marriage to any other. 
And therefore doe hereby declare, that in case either of 
them shall soe doe, they shall not be excused from the 
perils and pennaltys the law hath provided. And foras- 
much, as upon examination, we finde that the sayd Rich- 



AND PPvOYIDENOE PLANTATIONS. 1S9 

ard Pray hath, by an act and instrument bearing date the 1667. 
2Gth of December, 16G6, under his hand, made over some ^""-^^-^"^ 
part of his estate unto the Counsell of the towne of Provi- 
dence, for the use of the said Mary, his wife and her chil- 
dren, as is in the sayd deed more amply exprest, and hath 
now owned the same, manifestinge that it is his desire 
that the sayd Counsell successively should as feofces in 
trust, accordinge to their sayd trust, stand seised thereof. 
It is therefore enacted by this present Assembly and by 
the authority thereof, that the sayd act and deed of the 
sayd Richard, shall be and is hereby declared to be rati- 
fyed, confirmed and established, soe as to be judged and 
deemed firme to all intents and purposes therein exprest, 
in any Court of Tryalls throughout this Collony. And to 
that intent doe order, that the sayd deed or instrument 
shall be recorded and kept among the Generall Records of 
this Collony as a warranty to the sayd Counsell to act by, 
in order to save the towne of Providence frombeing burden- 
ed or charged with any of the sayd children, in case the sayd 
Richard and Mary Pray, or either of them, should in this 
vexatious and irreconcileable frame of spirit, in which they 
are imbezell, and haveing imbesseled the same, and even ru- 
ined themselves, should leave their children and depart to 
some remote part, wdiere this jurisdiction cannot reach them. 

Voated and ordered, that the Councill of Warr in each who the 
towne, be the Towne Councill, together with the Captain wT"'^ 
and Lieutenant of the Band. 

Voated, and ordered, that each towne take speciall care Money for 
to raise expend betwixt this and the last of June, for ^^^^ ^"'°'''""°" 
procureinge of ammunition, as followeth, viz : fifty 
pownds for Newport, and twenty pownds for each other 
towme. But in case they effect it not by the last of Octo- 
ber next ensuinge, that then the towne of Newport be lyable 
to pay to the Generall Treasury a fine of twelve pownd 
tenn shillings, and each of the other townes, a fine of five 
pownd. And for the manner of amunition that shall be 
procured, that it be as the Councill of Warr aforesayd 



190 FvECORCS OF THE COLONY OF RHODE ISLAND, 

16G7. shall jiirlge meete, and that the aforesayd fines be taken 
'-*^^'^*^b7 distraynt. 

It is ordered, that all commission oflicers of the Band 
oSsol"" shall have their confirmations in their places, and commis- 
have c "m-'° slons from the Generall Assembly, or whom they shall de- 

musions. i n • n • • • i 

pute, unto whome they shail give their mgagement ; and 
we doe farther declare, that noe person shall be elected a 
commission ofiicer, or Clarke of the Band of any towne, 
but one that is free of the towne. 

Furthermore, it is ordered, that being the towne of 

Great guns Ncv/port secmcs to be in most present danger, therefore, 

aaounied. thls Court doG rccommend to them, that for their owne 

security they doe take course for the mounting of their 

great guns that soe what charge they have already beene 

at be not lost. 

Furthermore, it is by this Court recommended to the 
Traore of Islaud, that each towne may doe well to begin to troope 
v^ith what horse they can conveniently fitt out. 

It is ordered by this present Assembly, that whosoever 
Heethat sliall aitcmpt to voate for the election of Governor, Depu- 
GoVerner, tvo Govcmor, Or any other maoistrate or other officers, 

&c., not a «' ^ J O ' 

fS^'JeL'' ^■^"^''^^ ^^^ ^0 ^^ chosen upon the day of election, not being 
a freeman of this Collony, he shall forfitt five pownds, or 
be otherwise fined or punished, as the Generall Assembly 
shall see meet. 

None to be Yoatod, that noe person shall be admitted into the free- 

admitted . ^< • 

freemen tioui of this Corporatioii upon the day of Election. 

on the (lay i i. ./ 

of Election. Yoat.ed, that the Committee formerly chosen at the As- 
The Com- scuibly held in September last, and confirmed at the As- 
Yived. sembly held in October last, the authority then committed 
to them is now revived and continued, and they are here- 
by rerpiired with all possible speed to accomplish what 
was then committed to their trust. 

Voated, that the tov/ne of Newport shall have six men 
Town added to the magistrates in their towne to be their Towne 

Councill of 

Newport. CoUUcill. 

Voated, that the commission given to Mr. John Clarke 



AND PROVIDENCE PLANTATIONS. 191 

by the last Generall Assembly, for the regulating the 16GT. 
lawes and setting them in a forme, is now contiuewcd. v-**---.-'*^ 
Voated, that whereas there are severall petitions pre- ?«tit>o°f 

' ■Li returued, 

sented to this Court, the Court order that they are referred 
to the next Generall Assembly. 

Ordered, that the Clarke of this Assembly shall have 
twelve shillings, six pence, from each towne for copies of 
this Court orders, with the Scale of the Collony affixed, 
and for his attendance six dales at this Court. 

Whereas, the Assembly have ordered that Mr. William 
Harris shall have his ingagement tendered him, notwith- 
standing he stands charged for exceeding his commission, 
&c. Wee, whose names are underwritten, doe humbly 
conceive that such a charge makes a select magistrate vnca- 
pable to take the ingagement untill he be cieered of the 
charge. And therefore doe enter our protest against the 
sayd act. 



Acts, Orders and Proceedings of the Governor and Council! 
of His Majestijs Collony of Rhode Island and Providence 
Plantations, held at Nevjportj May, 1667.* 

Y/illiam Brenton, Esq., Governor. 

Mr. Nicholas Easton, Deputy Governor. 

ASSISTANTS. 

Mr. Peleg Sanford, Mr. William Baulstone, 

Mr. William Reape, Mr. Samuell Willbore, 

Mr. John Eastone, Mr. John Green, 

Mr. William Carpenter, Mr. Benjamin Smith. 
Mr. William Harris, 

* 111 the intervals between tlie sessions of the General Assembly, the Gov- 
ernor find Council (wliich embraced the Governor, Deputy Governor and As- 



Dangor of 
invasion. 



192 RECORDS OF TEE COLONY OF RHODE ISLAND, 

1667. ]\Ir. William Dyre is chosen Secretary. 
^^'^-^^ It is ordered, that the Seale that Mr. John Clarke 
^'■^'^- brought out of England, shall bee the seale of the Goun- 
cill, and that itt bee kept in the custody of the Secretary 
from time to time. 

It is ordered, that the Secretary shall procure a book, 
Book'*^ where the acts of the Councill, both generall and particu- 
lar shall be recorded. 

Whereas, information is given to the Councill of emi- 
nent dangers approaching, whereby his Majesties CoUony is 
like to be hazarded by the invasion of the common enemy, 
or by treachery from amongst the natives, whereby his 
Majesties subjects may be exposed to great extremities ; 
the Councill bath thought fitt, and therefore doe order, 
that if any appearance of danger in any of these respects 
shall appear to the Magistrates of any towne respectively ; 
that any magistrate, one or more, is hereby empowered to 
give notice vnto the rest of the magistrates of the townes 
and places within this CoUony, and to that end are by 
these presents empowered to press or cause to be impress- 
ed, any person or persons, horse or mare, boate or boates, 
or any other vessell or vessells whatever for the said ser- 
vice ; and that the charges thereof shall bee paid by the 
Generall Treasurer by a note under the hand or hands of 
such who gave forth the said, order or orders as to the ser- 
vice premised, and that such note or bill so charged to the 
Treasurer, shall be good. 

And it is further ordered, that if any suddaiu invasion 



sistauts) hold frequent meetings, particularly during periods when the Cjllony 
was in daun-er from foreign invasion as well as from attacks of the Indians. 
Eu^-land was at this time ai war with the French as well as the Dutch ; and 
the struggle with the Indians, known as King Philip's war, was about to 
commence. A separate record was kept of the proceedings of this body, from 
which this is now printed. It is entitled " The I5ooke of Eecords, containing 
the Acts and Orders made by the Governor and Councill, both generall and 
paiticular, since the ffirst of May, 16G7." The date of the first meeting is not 
giver. The second is dated the 10th of May. 



AND PROVIDENCE PLANTATIONS. 193 

or insurrection shall bee, or that appearance of any such 16G7. 
thing shall present from the Magistrate or Magistrates of ^-^^^'-^-' 
any of the respective townes or places of this Collony, 
that then itt is, or shall be in the power of said Magistrate 
or Magistrates, to raise, appoint and authorize any or all 
persons requisitt for the preservation of his Majestyes Col- 
lony and his subjects therein, to attend their allegiance 
and duty. And itt is further ordered, that the said Mag- 
istrate or Magistrates hath full power to commissionate 
any person or persons within their towne for assistance, 
either in Councill or [not] as they shall judge meet, pro- 
vided that the said particulars off Magistrate or Magis- 
trates and their assistants in this case considered, bee 
allwayes, and att all times responsible to the Generall 
Councill ; and this order to stand till furder order bee 
taken therein. 

It is ordered, that Thomas Willmott, of Secunk, hath Indians .lis- 

armed- 

informed the Councill now sitting, of such deportments of 
the Indians, especially of Philip, which giveth great occa- 
sion of suspicion of them and their treacherous designes. 
It is therefore ordered, that the Indians residing upon the 
Island shall bee forthwith disarmed of all sorts of armes, 
and that the Captain and militarie officers meeting with 
any Indian armed, they are authorized to seize the armes, 
and by authority from the magistracie of eyther towne, 
the Constables or their deputies, are to search and seize 
any armes to them belonging ; and the said armes wher- 
ever so seyzed, to bee delivered to the Governor or some 
Magistrate, that so they may bee safely kept, and at his 
or their discretion to bee restored. It is also left to the 
Magistrates of Providence and Warwick to do as they 
shall think meet, as referring to disarming the Indians 
among them. And it is ordered, that iff in Rhode Island, 
or in any other townes, any Indian shall be taken walking 
in the night time, he shall be seized by the watch and 
kept in custody till morning, and brought before some 
mngistrate, which said magistrate shall deale with him ac- 

VOL. II. 13 



194 RECORDS OF THE COLONY OF RHODE ISLAND, 

16G7. cording to his discretion, and the demerrit of the said per- 

^-^^-^^^-^ son so olfending. 

May 19. At the sitting of the Councill, May 10th, 1667. 

Whereas, information is given to the Councill of emi- 

depL'^rrthe nent danger concerning some treacherous designs of the 
Indians, whereby (if it should take place) the King may 
lose his interest, and his good subjects their lives, whereof 
the Councill is very sensible. Bee itt therefore enacted 
by the authority of the present Councill, that if any In- 
dian men or boys (exceeding the yeares of sixteen) bee 
found on this Island after proclamation hereof, itt shall be 
lawfull for any person or persons to apprehend them, and 
bring them before some of the Magistrates in this Island, 
then and there to be dealt with as malefactors, unless such 
as have a licence from vnder the hand of the Governor or 
Deputie Governour, or the hands of two Assistants in 
this Island. And this act to stand in force vntill the 
Councill shall see cause to repeale itt. 

ffarthermore, the Councill being very sensible by sever- 
all informations from other parts of the country, that there 
have lately been severall conspiracies and plots by the In- 
dians against the English in these parts, and having just 
cause to suspect that wee may bee suddenly assaulted by 
the Dutch and French, his Majesties professed enemies ; 
and itt lying much on our hearts to defend the King's in- 
terest, and the preservation and liberties of his Majesties 
good subjects here residing ; his Majesty being gratiously 
pleased in his last Royall graunt to committ the care of 
the government of the Collony (in the Generall xissem- 
bly's absence) unto the Councill, vpon due consideration 
whereof, doe find itt needfull that the inhabitants of the 
place should hould together with an vnanimous consent 
and full resolution to secure each other. 

Bee it therefore enacted by the authoritie of this pres- 

EngiiBhnot ent Councill, that no man or boy exceeding the yeares of 

Island. sixteen, shall at any time pass from off this Island vpon 
the penaltie of contempt, without a licence from under 



AND PROVIDENCE PLANTATIONS. 195 

tlie hand of the Governor or Deputie Governor, or under 1667. 
the hands of two Assistants in this Ishmd. Bee itt there- ^-^^^-^-' 
fore ordered further, by the authority abovesaid, that pro- 
cLamation hereof be made, and to stand in full force vntill 
the Councill find cause to repeale itt. 

And whereas itt is too vsuall a custom for persons when p" Giotto 

■* board ves- 

they espie any shipp or vessells near approaching asto'^"- 
anchor on or about the Island, presently to pass aboard 
her, which act may be very inconvenient in divers respects, ' 
both to his Majesties interests, and the great hazard of the 
people here inhabiting. The Councill takeing it into se- 
rious consideration, have thought fitt and by these pres- 
ents do enact, that no person or persons, that shall bee 
vpon the Island or Islands neare to thf^t Island shall pre- 
sume by any way or meanes to goe or pass aboard to any 
shipp or vessell, vntill the master of the said shipp or ves- 
sell hath presented himself before the head officer of the 
towne, vnder the penaltie of contempt, without speciall 
licence from the Governor or Deputie Governor, or two 
Assistants : and this act to stand till farther order bee 
taken thereon or repealed. 

Given vnder our hands the yeare and day abovesaid. 
WILLIAM BRENTON, Governor. 
NICHOLAS EASTON, Deputy Governor. 

ASSISTANTS. 

PELEG SANFORD, SAM'L WILLBORE, 

WILLIAM REAPE, WILLIAM HARRIS, 

WM. BAULSTONE, JOHN GREEN. 

May the 10th, 1667. 

By the Governor and Councill ait Newport, the IWi and 
UthofMay, 1667. 

Orders given forth to the Constables to make search for 
gunns and amunition. Vpon their return it was order- 
ed, that in his Majesties name all those that had pow- 
der, lead and shott, should have it forth coming upon 
all demands. 



196 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. Whereas, the Governor and Coimcill of the towne of 
^^•"^^"^^ Newport being rnett the 29th of the first month, 1667, to 
take care that the place with respect to the serving of the 
King's interest and cure owne might bee putt in a suita- 
ble posture of deffence against a common adversary, as al- 
so that other defects which might prove hazzardous to the 
same might be forthwith supplyed, but could not at that 
time come to such mature results therein, as a matter of 
such concernment doth require, the said Governor and 
Councill being mett this 28th of the 3d month, 1667, to 
resume the former debate, after serious consideration and 
advice, have resulted and concluded as followeth : 

1. fifirst, that our Honoured Gouernour and Deputie 
Rate. Gouernour be desired to make enquiry where the obstruc- 
tion lies that the former rate, made for the paying for our 
Charter as it relates to the towne of Newport, is not yett 
levied, and to hasten the levying and taking thereof, itt 
lying as a block in our way to our further proceedings. 

2. That Lieut. Joseph Torrey, and Ensigne John Bliss 
Amunition. Constablc Carr, and the Clarke of the band be required forth- 
with to goe from house to house throughout the towne of 
Newport, the villages and precincts thereof, and to take a 
precise and exact account of all the armes, amunition and 
weapons of warr each person is furnished with, or hath in 
his house to spare to others, and in what condition with 
regard to service the same is in : and itt to returne unto 
the Gouernor. And also to call vpon such as have de- 
ffects, that they may be supplyed in the place forthwith, 
under the penaltie the law hath provided, to repaire to 
such persons as may supply them. 

3. That the Honoured Gouernour bee desired to give 
Repair forth Ms Warrant to Capt. Rich. Morrise, Geo. Halsey, 

John Audly, Etuanuell Wooly, Henry Stevens, Gabriell 
Hick, and others that are skilled therein, to charge them 
vnder the penaltie the law hath provided, to sett against 
all excuses, and forthwith require all such armes, and 



arms. 



AND PROVIDENCE PLANTATIONS. 197 

utensills of warr belonging to the inhabitants of the towne 1667. 
of Newport, as shall be brought to them by order from the ^-^"^^"^^ 
Captain or Lieutenant of the Traine band of the said 
towne. 

4. That the deputy Governor, Mr. Wm. Jeoffrey, Prison an,i 

*^ •' pound ana 

Mr. Edw. Smith, Mr. Jo: Coggeshall, Mr. Pet: Easton, ^*'^'=^^- 
John Gould, Dan: Gould, Jos: Clarke and Lft. Joseph Tor- 
rey, being the Committee appointed by the towne to make 
a rate for the levying of one hundred and fiftie pounds 
for the deffence of the place against a common enemy, as 
also for the supplying of other deffects in the towne relat- 
ing to the prison, pound and stocks, as also to the 
mounting of the great guns, &c., be desired, and also re- 
quired, with all expedition, to perfect and compleat the 
same, in order to prevent such fines and forfeitures ; and 
also such mischiefs and miseries as may happen for the 
want of the same ; and it being compleated, to present it 
forthwith to our Honored Gouernour. 

5. That the aforesaid rate being thus compleated, and^^'®* 
brought into the Gouernor, he be desired forthwith to 
give forth his warrant to the Serjant, strictly requiring him 
with all possible speed that may be, by virtue thereof, to 
ask, demand, and in case of refusall, by distraint to levie, 
and take every such sum or sums as he shall find, exprest 

in the said rate, and itt or them forthwith to return into 
the towne treasury, that it may be in a readiness to im- 
proue for the vse abouesaid. 

6. That Capt. Jo: Cranston, Lft. Joseph Torrey, and 
Mr. John Clarke, be required with all possible speed that 
may bee, to mount the great guns vpon such carriages, as 
whereby they may be easily conueyed from place to place 
for the better improuing of the same for the security and 
defence of the place, and the people therein. 

To the sixth particular the Deputye Governor sayth he 
cannot consent as to command. 

7. That Mr. Wm. Coddington, Mr. Rich. Tew, Mr. Pr 
Wm. Reap, Wm. Dyre, Mr. Jo: Coggeshall, Mr. Peter 



Mount great 
guns. 



ISOB. 



198 RECORDS OF THE COLONY OF RHODE ISLANI>, 

1667. Easton, and Seijant Eogers or any foure of them, bee im- 
**-*"^''"*-' powered and also required to see that the defects relating 
to the prisone and pound bee forthwith supplyed. 

8. That whereas Mr. Peleg Sanford, Mr. Wm. Reap, 
Auditt. \Ym. Dyre, and Lft. Torrey were commissionated by the 
towne to auditt the accounts concerning the rates that 
have been made in the towne of Newport concerning th-e 
monyes that was to be paid for the procuring the Charter, 
it is ordered by this Councill, that there be a speedy re- 
turne made to the Councill of whatt is done concerning 
the premises. 

Signed by W. BRENTON, Gouernour. 

N. EASTON, Deputy Gouernor. 
PELEG SANFORD, 
WM. REAPE, 
JOHN CLARKE. 
Attest, W. DYRE, Secretary. 

May the 21st, 1667. 
Att a meeting of the Councill, it is ordered, that a let- 
Treaty, ter bee sent to the Commissioners of Plymouth, off thank- 
ffull acknowledgment for their ciuility in writting to ys, 
concerning their proceedings with Philip and his men 
with respecte to the rumors of their conspiracies ; and it 
is further ordered, that one of each towne off the CoUony 
bee chosen to treat with Mosup, Nennecraft and Cothanne- 
quant, concerning the rumors aforesaid : and the parties 
chosen are, for Newport, Mr. Peleg Sanford ; for Provi- 
dence, Mr. Wm. Harris ; for Portsmouth, Mr. Wm. Baul- 
ston ; and for Warwick, Mr. John Green ; and these, or 
the major part of them, are fully impowered to appoint the 
place of treaty, and time or times thereof, and to appoint 
interpreters, and to make returne thereof with all conuen- 
ient speed to the Generall Councill, and the charges of 
the said treaty to bee paid out of the treasury ; but in 
case the said Sachims shall refuse to meet and treat, then 



AND PROVIDENCE PLANTATIONS. 199 

the Commissioners are to protest in his Majesties name 1667. 
against the said Sachims. ^-^-v-^^ 

A copie of the Letter sent to the Sachims. 

Loving freinds, and Hon'ble neighbors : The Gouernor 
and Conncill having mett this 21st of May, have thought 
fitt and necessary to acquaint you that they haue commis- 
sionated fowre of themselues to treat with you concerning 
the reports of the conspiracies of the Indians against the 
English, that so if itt may bee, they may be better in- 
formed of the truth and extent thereof ; and for that end 
and purpose desire and require you in his Majesties 
name, to give them a meeting at Warwick on Tewsday 
next, which will bee the 28th of this instant, where ac- 
cordingly you may expect to meet with them. So we 
take leaue, and remaine your freinds. 

By the appointment of that Councill. 

W. DYRE, Secretary, 



Proceedings of the Generall Assembly of the Collony of 
Rhode Island and Providence Plantations ^ held at New- 
port, the 2d of July, 1667. 

Mr. William Brenton, Governor. 

Mr. Nicholas Easton, Deputy Governor. 

ASSISTANTS. 

Mr. Peleg Sanford, Capt. Arthur Fenner, 

Mr. William Reape, Mr. William Baulston, , 

Mr. John Easton, Mr. Samuell Wilbur, 

Mr. William Carpenter, Capt. John Greene, 

Mr. William Harris, Mr. Benjamin Smitk , 



200 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. DEPUTIES. 

^^^^^^•^ Newport. Mr. Shaclrach Manton, 

Mr. John Coggeshall, Portsmouth. 

Mr. Walter Clarke, Mr. John Card, 

Mr. William Case, Mr. Philip Shearman, 

Mr. John Clarke, Mr. Edward Lay, 

Mr. John Cowdall, Mr. John Tripp, 
Mr. Edward Thurston, Warwick. 

Providence. Mr. John Weeks, 

Mr. John Throckmorton, Mr. Richard Carder, 

Mr. Antho. Evernden, Mr. James Greene, 

Mr. Thomas Hopkins, Mr. Edmund Calverly. 

Mr. William Brenton, Governor, chosen Moderator of 
the Assembly. 

John Sanford chosen Clarke of the Assembly. 

Whereas, there are eight persons presented as Deputies 

lentments ^^^^^ ^^^ towHc of Provideucc, under the hands of two 

from ProYi- pcrsous subsciibiug themselves Towne Gierke of the sayd 

towne, it is ordered, that the first work of this Assembly 

shall be to judge which fower of the sayd eight are legally 

presented, in order to the filling up the Assembly. 

Ordered, that what warrants may concerne the cleering 
Providence, the duc proccdiugs of the choyce of either fower, may be 
brought in and presented to this Assembly. 

Voated, that the warrant sent forth to the towne of 
Providence. Providencc, for the calling this Assembly, was by the 
Generall Sargant sent forth legally. 

Voated, that the matter concerninge the Deputies of 
pr^oTidcnce. ^^^ towuc of Providcuce, shall be agitated and debated in 
this Assembly without referring it to a Committee. 

Ypon the debate that hath beene in this Court, whether 
ne« wl?-"" ^^- Arthur Fenner hath acted legally in giveing forth 
caHing'the warraut for calling the townesmen of Providence together 
Providence, to choosc their Deputies for this Assembly ; it is voated 

is judged au- -^ •' 

ihentick. and concluded, that the sayd Mr. Fenner did act legally 
in giveing forth the sayd warrant. 



AND PROVIDENCE PLANTATIONS. 201 

Whereas, Mr. Arthur Fenner, Assistant, hath received 1667. 
and administered the ingagement of allegiance to his Maj- ^^;^^^^p*^ 
estie, from severall inhabitants of the towne of Provi- Providence, 
dence, as by a list under his hand here declared in this 
present Assembly, pertickularly apeers. This Court upon 
the adjitation and consideration thereof, doe voate and de- 
clare, that the sayd Mr. Fenner's act therein is a legall act. 

The question stated is, whether the Deputies chosen by 
virtue of Mr. Arthur Fenner, Assistant, his warrant, or 
those Deputies chosen by Mr. William Harris, Assistant, 
his warrant, shall be accepted off, to sitt and act in this 
Assembly as Deputys for the towne of Providence. 

Voated, that those persons chosen by the towne of 
Providence as Deputies to sitt and act in this Assembly, 
by virtue of the warrant issued forth to the sayd towne by 
Mr. Arthur Fenner, Assistant, are the Deputies to act ac- 
cordingly in this Court, if there be noe just objection 
against them. 

WHiereas, Mr. William Harris, of Providence, Assist- capt. Fen- 
ner and Mr. 

ant, by complaynt made to the Generall Aturney, had a^^Hama. 
summons from the Governor to Mr. Arthur Fenner of the 
sayd Providence, Assistant, to apeere at this Assembly to 
answer to a charge by the sayd Mr. Harris against the 
sayd Mr. Fenner, for breach of his office in acting in a 
route, the Court doe order that the sayd Mr. Harris and 
Mr. Fenner be called before this Court. 

The sayd persons being called in Court, apeered and 
answered. 

Mr. Arthur Fenner pleads and sayth in the Court not 
guilty of the charge. 

This Assembly haveine; had lons^ and serious debates capt. Fen- 

•' <-' o ner cleared. 

and considerations of the charge presented and layd by 
Mr. William Harris, Assistant, against Mr. Arthur Fen- 
ner, Assistant, for actinge in a route ; the Court upon the 
mature consideration of the law of the Collony, and ex- 
amination of what was presented, doe voate and declare, 
that the sayd Mr. Arthur Fenner was not guilty of the 



202 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. charge layd against him by the sayd Mr. Harris, and 
■"-^^^^"^^ therefore he is hereby acf[uitted of the sayd charge. 

Whereas, Mr. John Throckmorton, Mr. Anthony [Evern- 
mort^n™''^' ^^^^] ' ^^^'' Thomas Hopldns, and Mr. Shadrach Manton were 
&c.,oiekred.|3y Mr. William Harris, vnder his hand, charged to act with 
Mr. Arthur Fenner in a route ; and this Assembly haveinge 
inquired into and examined the matter, doe not find them 
by the law, guilty of the sayd charge, and therefore doe 
judge them cleere of the sayd charge. 

This Assembly, upon mature examination and consid- 
^h^sfby eration, and to prevent if possible, future troubles and 
ners order' coutcsts lu tlic towuo of Providcnce, concernino:e their 

authentick. ° 

late choyce of towne officers, doe hereby declare ; that 
they judge those officers chosen by that part of the meet- 
inge, whereof Mr. Arthur Fenner was Moderator, the le- 
gall towne officers in the sayd towne of Providence for 
this ensueinge yeare, till the next election in the sayd 
towne. 

It is ordered by this Assembly, that for the peaceable 
uo'^n foT^' government of the towne of Providence, a copie of a de- 
rovi ence. ^j^^,.^^j^qj^ ^^ drawnc forth to be sent to the towne of Provi- 
dence and immediately sent forth under the scale [of the 
Collony], and that all other acts of this Court be, with all 
possible speed, sent forth under the Scale, and that noe 
copies be given forth vntill published as aforesayd. 

For the Towne of Providence. 

Gentlemen : This Assembly haveing with much regrett 
A letter to of mindc takcn into serious consideration the disordered 

Providence. 

condition they finde you in ; being first presented by the 
presentation of eight Deputies, the consideration whereof 
put us forthwith upon a serious and diligent scrutany to 
finde out which fewer were the members of this Court, 
and for the better efectinge of the matter, forasmuch as 
Mr. William Harris did under his hand affirme that the 
Generall Serjants' vsurped direction of his warrant, not 



AND PROVIDENCE PLANTATIONS. 20S 

according to the Govemour's warrant would make it ape ore 1667. 
that those fewer see reported by Mr. Fenner are not law- <-*-v^^ 
full Deputyes ; therefore, this Court made inquiry into 
the severall warrants, and found that the warrants were 
legally issued forth, contrary to his assertion, and there- 
fore it evidently apeered that those Deputies chosen by 
vertue of Mr. Arthur Fenner, Assistant, his warrant, 
namely, Mr. John Throckmorton, Mr. Thomas Hopkins, 
Mr. Anthony Evernden and Mr. Shadrach Manton were 
the true members of this Assembly : but afterwards in 
briefe, wee found the ground worke of the difference to 
arise from a misconception of the law by Mr. William 
Carpenter and Mr. William Harris, Assistants, denyinge 
the freemen their liberty to voate in the election of their 
officers (as by their owne information directed to the Gov- 
ernor, Deputie Governor and Assistants doth apeere), they 
conceiveinge that it had not beene in the power of the 
sayd Arthur Fenner to administer the ingagement of al- 
leagance : butt this Assembly, with great dilligence in 
searching the laws, fownd the ingagement of those per- 
sons to be according to law administered and entered ; 
and therefore wee have declared the sayd Arthur Fenner 
and others concerned with him, not guilty of a route. 
And furthermore, that the Assembly held on the 3d of June 
last, whereof Mr. Arthur Fenner was Moderator, being the 
major part of the freemen lawfully assembled, wee have 
determined those officers chosen by that Assembly to be 
the lawfull towne officers : and therefore doe desire and 
require in his Majesties name, that all other officers on the 
other part chosen, do cease actinge any more as officers, 
untill the next election. And our hearty desire is, that 
notwithstanding what difference hath formerly beene, a 
neighborly complyance may be for the future, the responce 
whereof will be more acceptable to this Assembly than a 
penalty ; and therefore, in hopes of reapinge the fruit 
thereof, this Assembly doth wholly remitt the matter to 



204 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1667. all therein concerned, excepting such as this present As- 
^■""^•^-"^ sembly shall shall declare against. 

It is ordered by this Assembly, that record be made of 
If'tMsT-'^'that paper presented by the Honored Governor, as the 
chiefe ground of this sessions subscribed William Carpen- 
ter, Assistant, and William Harris, Assistant ; and that 
their answer be likewise entered, when they were by the 
Governer asked whether they did afHrme to what was 
therein written upon ingagement, whereunto one of them 
refused to give a positive answer. 

Whereas, Mr. Houldon presented a bill signed by Wil- 
Mr. Houi- liamBaulston, Mr. William Harris, and Mr. John Greene, 

don's bill ' ' ' 

owned. Assistants, wherein they have allowed him thirty shil- 
lings, this doe order it shall be payed out of the Generall 
Treasury. 

Whereas, Capt. Richard Morris presented a petition to 

t^^ca^pf'^*^ this Court, of the great charges he hath been at in house 

Wis. roome and nroviding of fyre and candles for the Generall 
Courts for many years past, and findinge that for about 
the fower or five years he hath had noe satisfaction (being 
to end of the present Court), doe order that he shall have 
tenn pownds payd him out of the Generall Treasury. 
Whereas, Robert Colwell putt in a petition to the last 

wen"i- ° ' May Court, for a freedom from his wife Margrett, and 

vorced from •iii'/-n i • i. .• 

iiar^reu ^^^ agaiuo to this Court havemge renewed his petition ; 
vpon searious debate vpon the matter, the Court findinge, 
both by witnesses, and circumstances plainly makeing it 
apeere to them, that there is sufficient grounds to give 
the sayd Colwell a discharge from his sayd wife ; there- 
fore, be it enacted by this present Court, that the sayd 
Robert Colwell is absolutely freed from his late wife Mar- 
grett White, and he is at liberty to contract another 
marriage. 

Whereas James Rogers, Generall Serjant, was charged 
wm. Harris ]^y Mr. William Harris, Assistant, for transgressing in the 
glntRlfclrs'i^eglect of his oJGfice, and summoned to answer at this 
Court. 



AND PROVIDENCE PLANTATIONS. 205 

The sayd persons being in Court Ccalled, apeered and 1667. 
answered. v,*»--^-<fc-^ 

The sayd James Rogers answer is, he is not guilty of 
the sayd charge. 

Whereas, James Rogers, Generall Seriant, hath been f^-^-gant 

^ ' i* ' Rogers 

charged by William Harris, Assistant, for neglect of his °'^'"'-"^- 
office in not serveing an execution at Mashantatutt, the 
Assembly haveing duly scanned the matter, doe finde him 
not guilty of the charge. 1st. Because it was stopt by 
the said William Harris's consent. Secondly, because the 
sayd Harris did put a petition in May last to the Assem- 
bly concerninge the sayd execution, which was referred 
to the next Assembly followinge. 

Yoated, that Mr. John Throckmorton and Mr. Roo-erTiK^com- 

O mitee con- 
Williams, of the towne of Providence are, as in respect to f^ ™ ^Ibls"'" 

that towne, added to the Committee for the payment of 
the CoUony's debts in England, to act with full power ac- 
cording to their commissions with the sayd Committee. 

Voated, forasmuch as we are at present very much who to 

. manage af- 

alarmed by the common enemy as it he were even at our fa res in 

•' _ •' these trou- 

doors, to the end wee may improve the power committed |f^eT° 
unto us by his Majestie in order to preserve his Majesties 
interest in these parts, together with our owne in the best 
way, and by the best meanes we are able ; be it therefore 
further enacted by this present Assembly, and by the au- 
thority thereof, that during these constant alarms, the 
tow^ne Councill of each respective towne, sci, of Newport, 
Providence, Portsmouth and Warwick, together with the 
Captain and Lieutenant of each Traine Band, relatinge to 
the respective townes, shall have, and are hereby declared 
to have as full powder, with respect to the ordering of the 
militia in the sayd respective townes, and to the putting 
of themselves into a suitable posture of defence, and to 
the doeing of all things in order thereto, in all respects as 
by the authority of our Charter we may or can invest 
them with. And forasmuch as the aime of our adversary 
will in all probability be at the Island, which if taken and 



horse 



206 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. possest by them (whicli God forbid), would prove ex- 

^-*'^'''"*-' tremely hazardous, if not utterly ruinous, not only to this 

Collony, but to the whole country. It is further enacted 

by this present Assembly and also hereby declared, that 

it shall be in the power of the Honored Governor and 

Order for a Councills of thc Islaud, to raise a troope of and horse to 

troope of ' i 

see that they be all compleatly furnished and fitt for service 
upon all occasions and upon all expeditions : and that the 
sayd Governor and the sayd Councill and the major part 
thereof, shall have power, upon all occasions, with respect 
to the safety and preservation of the sayd Island, and in 
order thereto, at their discression to seize and press the 
rest of the horses upon the place, and to imploy them for 
the service of his Majestic and the safety of the place as 
they shall think fitt : and also to press and order for the 
best behoofe and safety of the place, all the vessells great 
and small, that shall be found at such time of eminent 
danger within the bay, either on the east, west or north 
side of the said Island. And that the sayd Governor and 
Councill be hereby impowered to make use of the Collo- 
nys name for the procureinge of powder, lead and all 
other instruments, and vtensills of warr for the defence of 
the place from the Massachusetts Collony, or elsewhere, 
in order to furnish a publick magazine or store house upon 
the Island, from whence, if need be, the whole Collony 
may also have supplies. And if they see cause to send 
a messenger or two unto the neighbour Collonys with in- 
structions to treat with them in this time of eminent dan- 
ger (wherein the interest of his Majestic, together with 
theirs and ours is extremely hazarded, by the conjunction 
of princes and states throughout the whole country), in or- 
der to procure a friendly correspondancy between them and 
us as farr as wee may for the safety of the whole. And 
they are by virtue hereof, authorized to give order for the 
payment hereof out of the publick Treasury. 

And it is further hereby declared by this present As- 
sembly and by the authority thereof, that it shall be in the 



AND PROVIDENCE PLANTATIONS. 207 

power of the Governor, and the saytl Councill, upon the 1667. 
appearance of eminent clano^er upon the coast or other- ^-'^-v-^-' 

'■ '- , 1 « -^ beacon or- 

wise, by reason of the approach of a common enemy, to j|^^rod^'^o^j^e ^ 
give forth an alarm to this Collony, and to the whole Ln°d'^tiS" 
country, by causing the beacon upon Wanomitonimo jjill^'^*'^^' 
to be fired, which shall be the directory to the rest of the 
beacons to be forthwith fired throughout the whole Collo- 
ny : and it is hereby further declared, that it shall be in 
the power of the Governor and the sayd Councill to give 
order for the erectinge of beacons in the most convenient 
places upon the coast from east to west throughout the 
whole Collony, and pertickularly one upon the rocks at Sa- 
chiiest ; another in some convenient place at Pettacom- 
scutt, that may give intelligence to Watch Hill ; also, an- 
other upon the Mill Hill at Portsmouth, and another upon 
Moshawsitt Hill at Providence ; and such other as they 
shall think fit. And it is further ordered by this present 
Assembly, that it shall be in the power of the Governor 
and of the sayd Councill, to take care for the putting of 
Pettacomscutt, Miscomoqutt and the southern part of that 
tract of land called the King's province, into the best pos- 
ture of defence they are able, for the preservation of his 
Majesties Interest there. Also the Islands called Block 
Island, Quonoqutt Island, Hog Island, and the rest of the 
islands in the Narragansett Bay ; and upon the coast 
aforesayd, for the preservation of his Majesties interest 
there. Also, it is hereby declared, that it shall be in the 
power of the Magistrates and Councills of the townes 
of Providence and Warwick and the major part thereof, to 
take care for the putting of Acquednessett and the northern 
part of that tract of land called the King's Province, into 
the best posture of defence they are able for the preserva- 
tion of his Majesties interest there. And it is further or- 
dered, and hereby declared, that it shall be in the power 
of the Governor and said Councill, and major part there- 
of, from time to time, to nominate, constitute and apoynt 
such other officers, and commanders for speciall service, 



208 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. and also to commission them as they shall think fitt. Also 
^^"^^""^ to dispose of all the military forces and great artillery as 
they shall judge from time to time, to be for the best be- 
hoofe for the safety of the place : and to doe all other need- 
full thing or things relatinge to the premises, with as full 
power as this Assembly may, or can invest them with ; 
and this to continew vntill the sitting of the next Generall 
Assembly in October, and noe longer. 

Yoated, that whereas Mr. William Harris, Assistant, 
FeMer ^^^^'^ '^^ ^^^^ prcscnt Assembly been charged by Mr. Arthur 
w.^Ha^rr°s Fcuuer, Assistaut, of being guilty of makeing a route in the 
c arges. ^^^^^-^g ^^ Providenco, on the 3d day of June last, to 
which charge Mr. Arthur Fenner pleaded not guilty ; and 
upon the Assemblys looking into the law in that case pro- 
vided, they found the sayd charge to be false and untrue, 
and therefore have voated the sayd Mr. Arthur Fenner, 
Assistant, is cleered from the charge aforesayd : also, wee 
being satisfy ed that this Generall Assembly was procured 
by Mr. Harris, &c. (of the Governor), on purpose for the 
tryall of the sayd Mr. Arthur Fenner, &c., to the great 
charge of the country in this bussie time of the ye are ; 
also, we find that the sayd Mr. William Harris hath un- 
justly occasioned the presenting of fower Deputys more to 
sitt in this Assembly for the towne of Providence, than by 
law ought to be received, through his willfully calling a 
part of the townsmen of Providence together without any 
warrant or order to him directed by the Generall Serjant, 
Mr. James Rogers ; which sayd acts of the sayd Mr. 
William Harris hath exceedingly occasioned great dis- 
quietment in the sayd towne, amongst the antient inhab- 
itants thereof : and forasmuch as the sayd Mr. William 
Harris iu this Assembly doth justify his aforesayd actings, 
and doth except against the proceedings of this present 
Assembly, pretending to question their proceedings here- 
in : and forasmuch, as the towne of Warwick, hath, by 
their petition to this Assembly, desired that they that oc- 
casioned the calling hereof (in case it was procurer"! by 



Trouble 
caused 
by Wm. 
Harris. 



AND PROVIDENCE PLANTATIONS. 209 

any pertickular person) should bear the charge hereof, 1667. 
wee therefore think it very iust and doe ordaine, that to- '■-''~^'^"*-' 

-^ '' Wm. Harris 

wards the charge of this Court fifty pownd currant pay be fi^^'^ £■'^■ 
levied on the foresayd Mr. William Harris, and that to be 
levied on the foresayd Mr. William Harris, his estate, 
within three months by the Generall Berjant, his Deputy 
or Deputys ; and that the Clarke of this Assembly doe is- 
sue forth warrant to him or them for that purpose, and 
that he or they be payed four shillings in the pownd for 
the distress, and returne the sayd fine into the Generall 
Treasury of this Collony. 

Also wee doe for the peace of this Collony, and the ^^"^^^^^ams 
sayd towne of Providence in pertickular, enacte and or- acTof a.?-*^' 
daine, that the sayd Mr. William Harris, Assistant, be dis-''*^° * 
charged from the office of an Assistant for the future, there 
being many grieveous complaynts against him, not possi- 
ble to be remitted soe long as he contineweth in the office 
of an Assistant, he being very apt to take advantages 
against the members of this Corporation, and to act in a 
deceiptfull manner, as will apeare in the records of this 
Collony. 

Voated, likewise for the removeinge the great opression 
which the inhabitants of this Collony are grieved withall ^".'^^^j^^ 
by the evill practice of some persons who are stuffed in 
their minds with anger and revenge, and then take liberty 
to indict the inhabitants for pretended wrongs done to 
other persons than themselves, which indictments many 
times pass at the grand jury because there is fixed to the 
bills the hand or hands of some Generall officer or of&cers ; 
Bee it therefore enacted by this present Assembly and the 
authority thereof, that noe Generall officer, shall, for the 
future, indict any person within this Collony, in any mat- 
ter that relates to another persons' interest, except he 
have two positive witnesses or testimonys upon oath, vn- 
der the hand of another Generall Assistant, whose names 
shall be indorsed on. the back side of the sayd bill of in- 

VOL. II. 14 



Nog indict- 
ment with- 



210 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. dictment to prove the same, or else have the leave of the 
-*'-^^*^ Court soe to doe. 

wai Voated, wee haveing perused the petition of the Towne 
rSo'^e''-*^ Councill of the towne of Providence setting forth their 
Towne ° * grievancos in poynt of the charge that is like to fall upon 
Providence ^hc townc bj rcasou of the wife and children of Thomas 
Walwin, who are left destitute by the sayd Thomas Wal- 
win, who is supposed to be run away with Robert Col- 
well's wife, of the sayd towne. Now forasmuch as there 
is a bond of the sayd Thomas Walwins, that is forfeited, 
of twenty pounds for his not appearing according to the 
teanure of the sayd bond. Therefore, be it ordained by 
this present Assembly and the authority thereof, for the 
releife of the sayd towne of Providence, that the sayd 
bond of twenty pound be, and is hereby tranceferred over 
vnto the Towne Councill of the towne of Providence, for 
them to take the forfeiture of the sayd bond for the re- 
leivinge of the wife and children of the sayd Thomas 
Walwin. 

Voated, vpon the perusall of William Harris, his bill, 
wm. Harris' presented to the Generall Assembly of his Majesties Col- 

Mashanucut lony of Rhodo Island, bearing date May 1st, 1667, have- 
answered. •' '&./'' 

ing seariously debated the matter, upon the search of the 
records doe finde the first ground of the stop of execution to 
proceed from an appeale made to his Majesties most Hon- 
orable Commissioners, wherein they referr the matter to the 
Generall Assembly of this Collony, as by their act doth 
appeare, together with the reasons. We likewise finde an 
order under three of their Honors hands for the observa- 
tion of a temporary agreement till they shall find leisure or 
meanes to putt a fynall end to the sayd ditferance. And 
furthermore, wee find an order subscribed by their Hon- 
ors, Generall NicoUs and Samuell Maverick, beareinge 
dated the 20th September, 1665, directed to the Governor, 
Deputie Governor and Assistants, for the full hearing and 
determininge the cause dependinge, which reference, if 



AND PROVIDENCE PLANTATIONS. 211 

the petitioner had duly attended to (although wee justify 1667. 
not the procurement thereof), might questionless have putt "— ''^'■"^^ 
a fynall issue to the matter. But instead thereof, the 
complaynant takes the opertunity to procure a Generall 
Assemblys act, for the former execution to issue forth at 
such a season, when, by a providence for want of passage, 
all the members of that Assembly belonging to the towne 
of Warwick, were absent, and the parties therein concern- 
ed, not summoned to appeare to make their defence, 
which, in case it had been transferred by the Governor 
and Assistants thereunto, ought to have been attended to. 
Therefore, this Assembly takinge notice that the petitioner 
hath surruptisciously procured his intended purpose, doe 
enact and declare that noe execution shall pass untill the 
appeale hath been heard, and their Honors orders in the 
meane time duly attended to. 

Whereas, it was by the last Generall Assembly order- 
ed, that all the commissioned officers of the Band, should 
ha^'e their commissions from a Generall Assembly, or for 
whome they should depute soe to doe ; in due considera- 
tion thereof, and that the malitia may be in a posture to 
act according to law, this Assembly doe agree and order 
this to be the forme of the commission, and all former 
formes to be hereafter voyd. 

To A. B., apoynted , of the Traine Band of theThecommis- 

towne of . By vertue oi these presents in his comsioned 

•' ^ officers of 

Majesties name, you are impowered and fully authorized 
to exercise and disciplyne the Company and Trayne Band 
of the sayd towne in the use and exercise of armes, in the 
art millitary, and in the orderly posture of disciplyninge, 
on such dales and at such times as the lawes of this Col- 
lony have apoynted ; and in that respect to observe the 
rules of the lawes as to fines and pennaltyes ; thereby 
willing and commanding all infeariour officers and compa- 
nys in the sayd Traine Band, to be respectively obedient 
to your legall commands therein. And that in case or 
cases of extreme necessity, by the approach or assault of 



the Traine 

Band. 



212 EECORDS OF THE COLONY OF RHODE ISLAND, 

1667. an enemy, any waies to disturb the peace of the sayd 
^-^'■^^"'*^ towne or any part of this Collony ; you, with the afore- 
saycl company, are duly to observe and follow such orders^ 
instructions or directions, as shall from time to time be 
given to you by the Generall Assembly of this Collony, 
the Governor, or Governor and Councill ; and if need re- 
quire, the Councill of Warr in the sayd towne, the com- 
mands and directions of either as aforesayd you are to 
observe ; and the performance of the premises at all times 
and occasions shall be your suffitient warrant. 

It is also ordere{J, that the acceptance of the aforesayd 
Ince^suffi-'" commission shall be the sayd officers engagement, and the 
gagment. non-acccptancc thereof, shall be accounted his refusall of 
his office. 

And also it is ordered, that in case any commissioned 
SaK°^'^' officer or officers of the Band doe refuse to serve in his of- 
fice, that then it shall be in the power of the Councill of 
Warr in each towne, to nominate, constitute and apoynt 
another person or persons in his or their places. 

It is ordered, that the Governor and Councill of Warr 
wmTJ' ^Te '^^^ ^^^^ towne have full power to give the commission to 
commission, g^^l^ commissioucd officer, which sayd commission shall 
goe under the Scale of the Collony. 

Voted, that whereas Mr, William Harris, Assistant, is 
f'- ^i^Pu^'^^by this Court secluded from officiating in the sayd office ; 

Arnold chos- «' ■o ./ •< 

it is ordered, that this Court doe make choyce of another 
person in the roome of the sayd Mr. Harris. 

The person chosen, is Mr. Stephen Arnold. 

Ordered, that the Drummer, Job Hawkins, shall have 
twelve shillings paid out of the Generall Treasury for 
beating the drum at this Court.*' 

Voated, that whereas Mr. John Clarke hath presented 
protest^ a paper in way of protest ; it is ordered, that the sayd 



in Mr. Har 
ris's roome. 



Mr. John 
Clarke 



to be entered 
on record. 



* [Beating the drum, was for the purpose of calling the members of the As- 
sembly together at the house appointed for meeting. The bell of the State 
House is now rung for the same purpose.] 



AND PROVIDENCE PLANTATIONS. 21^ 

Mr. Clarke be sent for to come into this present Court be- 1667. 
fore they determine the entering thereof. v---~v^«*-' 

The Generall Sergant having been sent for the sayd 
Mr. John Clarke, reported that he was not at home. But 
as the Sergant informes that he is gone forth, the Court 
doe order, that the sayd paper by him presented, shall not 
be entered on the publick records till he appears. 

Ordered, the Clarke of this Assembly shall have seven The ciaike 

' -^ of the As- 

pownds payd him out of the Generall Treasury for his at- ^gredi;?!^' 
tendance at this Court, and for copies of this Court's orders 
with the Scale of the Collony affixed. 

This to declare, that I doe protest against the act of the ^^^^g^?/- 
Generall Assembly in the case of William Harris, wherein ^''°*^'^' 
he is fined and degraded, and doe desire to have my pro- 
test recorded : the 9th of July, 1667. 

WILLIAM CARPENTER, Assis't. 

These are to declare, that I doe protest against the act^^r^^g'^^lj^-.g 
of this present Assembly concerning William Harris, ^"'°'*'*" 
where he is fined, and doe desire to have it recorded. 
By me, BENJAMIN SMITH, Assis't. 



Acts, Orders and Proceedings of the Governor and Councill 
of His Majesti/s Collo7iy of Rhode Island and Providence 
Plantations, held at Newport, July 20, 1667. 

At a meeting of the Councill by a warrant from the 
Governor, July 20, 1667. 

Whereas, it was ordered from the Governor upon spe- 
tial occasions concerning his Majesty, both the Councill of 
the Hand and the Towne Councill was summoned in to 
meet at Capt. Morris's house this instant the 20th July. 



214 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. Att the place appointed there mett the Governor, Mr. 

^-^"^'"^^ Peleg Sanford, and Mr. William Reape, who being, not 
the major part of the Towne Councill, could act nothing, 
the Sargent returning that he had warned the rest of the 
Towne Councill, to witt : the Deputy Governor, Mr. John 
Easton, Mr. John Clarke, and Mr. James Barber ; there- 
fore, the defect lies at their doores, as witnesses this 
board. 

The magistrates of Portsmouth appeared in reference to 
the Governor's warrant, in respect to the Hand, but no 
farther appearance (as aforesayd). The Governor and 
Councill so many being present, as the Governor, Mr. 
Sanford, Mr. Reape, Mr. Baulston, and Mr. Samuell Will- 
bore, did order that on Tuesday next at the house of Capt. 
Morrise, by nine of the clock, the Governor and Councill 
of the Hand do meet, there and then to determine of the 
matters by the Generall Assembly to them committed, as 
to what to them shall appeare requisitt. 

At a meeting of the Governor and Councill of the Hand, 
July 23, as also of the Governor and major part of the 
Towne Councill, the same day ; the Councill having con- 
sidered an objection made against the commission by Capt. 
Cranston for not having the King's name affixed thereto ; 
and although the Councill now mett do judge the commis- 
sion sufficient grounded A^pon the Charter, yett, to re- 
move any colour of offence, do order that these words be 
sett into all the commissions : "In the name of his Maj- 
estic Charles the 2d, King of England," &c., and be 
added by the Clerke of the late Assembly. 

Whereas, the Generall Assembly, sitting on the 2d July, 
1G67, ordered the Governor and Councill of the Hand to 
raise a troope of horse, &c. The Councill being this day mett 
in respect to, and in observance of that law, do order, that 
att present itt shall be lawfull for all gentlemen as volun- 
teers to that service, to assemble together, so to be exer- 
cised as a troope ; and wee do appoint Mr. Peleg Sanford, 
Captain of the said troope, and Mr. John Almy, Lieften- 



AND PROVIDENCE PLANTATIONS. 215 

ant ; and the captain of the troope shall choose his cor- 1667. 
nett, corporalls and trumpeteers ; and when they are ^-^-v-^^ 
(which shall be within eighteen dayes) thus incorporated 
as volunteers and presented to the Governor and Councill, 
then the Governor and Councill to give them commission 
for exercising and disciplyning their troope. And also, 
that if the sayd voluntary troope be not found sufficient as 
to number, that then the Governor and Councill may, and 
are [authorized] according to the Courte order, to proceed 
to the effecting thereof. 

The sitting adjourned till tomorrow at the 8th houre, at 
the Governors. 

The Governor and Councill being mett, the Captain 
and Lieftenant elected, being sent for, the Captain for- 
merly, as vpon Saturday last, and also yesterday by a spe- 
ciall warrant now appearing before the Governor and 
Councill, the Governor presented the commission to the 
Captain, that was drawne forth by the Clarke of the As- 
sembly with the scale vnto itt, as also an addition or addi- 
tions, as they thought fitt to be made thereto, whereby 
there may be a preservation of the King's interest and of 
the subjects' safety in this Colony. The Governor and 
Councill againe propounding to him to accept of itt with 
many arguments and perswasions, his answer was, that he 
was not free to accept of the commission as it was pre- 
sented from the Generall Assembly. The Governor re- 
plycd that ther was the commission from the Assembly, as 
also additions, which should be written into the commis- 
sion vnderneath, and should be signed by himself; and 
that it should also have the scale of the Councill affixed. 
The Captain said if ther might additions be made, he 
^vould accept of the Generall Assembly's first, and of 
theirs in the rear, but as for that commission of the Gen- 
erall Assembly he would not accept itt, pointing his finger 
to the paper as it lay vpon the table. Wherevpon, the 
Governor, with the approbation of the Councill, having 
drawen vp an additionall commisssion, the form of which 



Capt. 

Cranston. 



216 RECORDS OF THE COLONY OF RHODE ISLAND, 

1667. he olDJected not against, but then sayd except the word 
^-''^-^•»- " chosen " was added to the commission from the Generall 
Assembly, he would not accept of any ; whereupon, the 
Governor and Councill declared that they could not, nor 
would enter any word of addition vpon that act, but what 
already was inserted as concerning his Majesty's name, 
which none could be so hardie, as in the least measure to 
object against. Then, in fine, Capt. John Cranston sayd 
he would accept of neither, except the word " chosen" 
was added to the first. 

The additional commission as by the Governor and 
Councill made. 



Newport, in Rhode Hand, the CoUony of Rhode Hand 
and Providence Plantations. 

Capt. John Cranston : Whereas, I have been fully in- 
formed that on the 27th of May last past, you were, by 
the traine band of this towne, chosen Captaine for this 
present yeare ; and the Generall Assembly sitting in the 
towne of Newport, on the 2d day of this instant moneth, 
did order the severall commissions for the severall com- 
manders in each respective towne in this Collony, one 
whereof hath many times been tendered vnto yourselfe, 
and that you refused the acceptance thereof, declaring 
that in the commission you had not power committed to 
you, whereby you might defend the King's interest, nor the 
preservation of the people's liberties. Now, to the end that 
you may not be straitened in vsing your vttmost endeavors 
to preserve the King's interest and the people's liberties, 
these are, in his Majesty's name, to will and require you 
forthwith to give order that the traine band bee in a com- 
pleate readiness to appeare with their amies att the place 
that shall bee by you appointed for the service and defence 
of the place. You are also, in his Majestys name hereby im- 
powered and likewise required to vse your best endeavors in 
opposing and resisting the King's enemies that shall attempt 
to land, or in any other way to hurt or destroy the King's 



AND PROVIDENCE PLANTATIONS. 217 

good subjects in this Gollony ; and in case it shall hereaf- 1667. 
ter appeare that these additions to your former commission ^--"^>'-*-' 
bee not sufficient, then vpon your complaint thereof to the 
Governor, or Governor and Councill of what is wanting there- 
in, wdiat appears to the sayd Governor or Governor and Coun- 
cill to bee ref[uisitt for the defence of the King's interest and 
good subjects in this place, shall bee most readily granted 
you and them that are or may bee vnder your command ; 
hopeing and expecting that you will to the vttmost of 
your power, strength and abilitie resist, oppose, repulse 
any of his Majesty's enemies that shall attempt to destroy 
or molest the government as it now stands in obedience to 
his Majesty. And for, and in performance of the premis- 
es, this is and shall bee your sufficient warrant and 
discharge. 

Given vnder my hand, by order of the Councill, July 
the 24th, 1667. 

WILLIAM BRENTON, Governor. 

The 10th of August, 1667. 

Whereas, the Generall Assembly, sitting in July last 
past, and takeing into their serious consideration the ne- 
cessity of raysing a troope of horse in Rhode Island, did 
then, by the power of the Charter granted to this Collony 
by his sacred Majesty, enact, order and betrust the Gov- 
ernor and Councill of the sayd Island, to raise a troope of 
horse ; in pursuance of which authority and order, the 
, Governor and Councill meeting vpon the 24th of July last 
past, did conceive it to bee most requisitt to lay the foun- 
dation in a voluntary way ; and therefore, by the power 
committed to them, did nominate, choose and appoint Mr. 
Peleg Sanford, Captaine of the troope to be so rayzed, 
and Mr. John Almye, Lieftenant, who were to give notice 
for their assembling and incorporating into such a body, 
and to make their appearance before the Governor and 
Councill this present 10th of August, 1667. 

Then appeared before the Governor, by and vnder [autho- 



218 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1667. ritie of] the CcaptainMr. Peleg Sanford and Lt. Mr. John 
■^"^'"*-^ Ahny, who were deputed and appointed the commanders of 
the troope of horse vpon the Iskmd ; and the commanders 
being chosen by the Governor and Councill according to the 
Generall Assembly's act, and the Charter's authority, 
wee, the underwritten, do subscribe as in obediente to the 
foresayd authority, and do approve of the choyce of our 
Captaine and Lieftenant to the full, as witness our hands. 
These following listed themselves. 

The Governor, a horse, furniture and rider. 
Mr. Baulston, the like. James Barber, Jun'r, 

Mr. Samuell Willbur, the like. 
Mr. Wm. Reape, the like. John Easton, Jun'r, 
Henry Dyre, William Smyton, 

John Sanford, Francis Brayton, 

Joseph Holdes, Wm. Briggs, 

Nath'l Johnson, David Leake, 

Ralph Earle, Sen'r, Hugh Parsons, 

Joseph Wellington, Thomas Briggs, 

Samuell Albro. 

The commission granted to the Captaine and Lieftenant 
of the troope. 

To Mr. Peleg Sanford : You being chosen Captaine of 
the troope of horse in this Hand, called Rhode Island, in 
the Collony of Rhode Island and Providence Plantations, 
by the Governor and Councill, according to the Charter 
and Generall Court order, and being accepted by the full 
approbation of the troop appearing before the Governor 
and Councill the 10th of August, 1667 : 

These are therefore, in his Majesty's name, Charles the 
2d, King of England, Scotland, ffraunce and Ireland, 
with the dominions and territories thereto belonging, do 
require you and also impower you to mannage and dis- 
cipline the sayd troope according to your best skill and 
understanding ; att and vpon such dayes and times as you 
shall think fitt or find expedient, not exceedinge six times 



AND PROVIDENCE PLANTATIONS. 219 

in the yeare, except extraordinary occasion shall pres 1667. 
ent, and then by order from the Governor, or Governor and ^-^^v-^ 
Councill, you and your troope to be in readiness : also, if 
invasion or endanger of surprize by his Majestyes enemyes 
bee, or likely to bee, you are forthwith to mount your 
troope, and to give your vtmost abilitie and strength, to de- 
fend, make resistance and oppose ; and alwayes and at all 
times, especially in time of danger, to be attent and ob- 
servante of such orders, directions and instructions as you 
shall receive from the Governor, or Governor and Coun- 
cill ; and in so doing this shall be your sufficient warrant 
and discharge as to all and singular the premises. Given 
vnder our hands, with the scale of the Councill, this lOth 
of August, 1667. 

WILLIAM BRENTON, Governor. 

WILLIAM BAULSTON, Assistant. 

WILLIAM REAPE, Assistant. 

SAMUELL WILLBURE, Assistant. 

The like commission was, by the Governor and Coun- 
cill vnder the hands and scale of the Councill, to Mr. John 
Almye, as Lieftenant, to Captaine Peleg Sanford, of the 
troope, thus and as aforesaid rayzed joyntly by the Iland, 
called Rhode Island. 

ARTHUR FENNER, Assistant. 

JOHN GREENE, Assistant. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedifigs of the Generall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, the 30/A of October, 1667. 

Mr. William Brenton, Governor. 

Mr. Nicholas Easton, Deputie Governor. 



ASSISTANTS. 



Mr. Peleg Sanford, 
Mr. William Reape, 
Mr. John Easton, 
Mr. William Carpenter, 
Capt. Arthur Fenner, 



Mr. William Baulston, 
Mr. Samuell Wilbur, 
Mr. John Greene, 
Mr. Benjamin Smith, 



DEPUTIES. 



Mr. John Clarke, 
Capt. John Cranston, 
Mr. Caleb Carr, 
Lieut. Joseph Torrey, 
Mr. Edward Smith, 
Mr. John Crandall, 
Mr. John Throckmorton, 
Mr. Lawrence Wilkinson, 
Mr. Resolved Waterman, 



Mr. Edward Enman, 
Mr. Richard Borden, 
Mr. William Woodell, 
Mr. Joshua Coggeshall, 
Mr. Jared Bourne, 
Capt. Randall Houlden, 
Mr. Thomas Greene, 
Mr. John Potter, 
Mr. Edmund Calverlv. 



The Governor chosen Moderator of the Assembly. 

John Sanford chosen Clerk of the Assembly. 

According to former order, the Charter was openly 
read. 

Voated, that a bill of tenn shillings signed by Mr. Wil- 
liam Baulston, Mr. William Harris and Capt. John Greene 
unto Samuell Gorton of Warwick, Jun'r, is ordered to be 
payd out of the Generall Treasury. 



AND TROVIDENCE PLx\NTATIONS. 221 

Whereas, there was an act made by the Generall As- 1667. 
sembly held at Newport, the second of July, 1667, which ^-*"^''"*-' 
impowered the townes of Newport, Providence, Ports- t°J|.^^^™''' 
mouth and Warwick, with as ample a power for the man- ""''''''" 
agement of their militia, in order to the preservation of his 
Majesties interest with their owne, in these most hazzard- 
ous times, as by the authority given vs by our Charter 
they could invest them with ; and in a more especiall 
manner committed the care of Rhode Island with the rest 
of the islands, and the southern part of that tract now 
called the King's Province, unto the Honored Governor 
and Councills of the Island, with suitable pov^^er to provide 
for the same, as at large appears in the sayd act, which 
was to continue until the sittinge of the present Assembly 
and no longer. The present Assembly takeinge into con- 
sideration that there is the like need for the continvation 
thereof, do vote and agree that the sayd act shall con- 
tinew in full force, to all intents and purposes untill the 
sittinge of the next Generall Assembly of this CoUony. 

Voated, that the towne of Portsmouth have liberty to 
add fower men to their Councill of the towne. 

Voated, vpon the petition presented by Mr. John 
Throckmorton, concerninge the estate of his daughter, 
Taylor, the Court doe referr the matter to the towne 
Councill of Providence. . 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1668. 



Proceedings of the Generall Assemhlij of the Collony of 
Rhode Island and Providence Plantations, held at New-' 
port, the m of May, 1668. 

Mr. William Brenton, Governor. 

Mr. Nicholas Easton, Deputy Governor. 

ASSISTANTS. 

Capt. Peleg Sanford, Mr. William Baulston, 

Mr. William Reape, Mr. Samuell Wilbur, 

Mr. John Easton, Capt. John Greene, 

Mr. William Carpenter, Mr. Benjamin Smith. 
Capt. Arthur Fenner, 

DEPUTIES. 

Newport. Mr. Nath'l Waterman. 
Mr. John Clarke, Portsmouth. 

Capt. John Cranston, Mr. William Hall, 

Mr. Caleb Carr, Lieut. John Albro, 

Lieut. Joseph Torrey, Mr. Joshua Coggeshall, 

Mr. Joseph Clarke, John Sanford, 
Mr. Edward Greenman. Warwick. 

Providence. Mr. John Weeks, 

Mr. John Throckmorton, Mr. Richard Carder, 

Mr. Samuell Bennitt, Mr. James Greene, 

Mr. Edward Enman, Mr. Edmund Calverly. 

The Governor, Mr. Wm. Brenton, chosen Moderator. 

John Sanford, chosen Clerke of the Assembly. 

Voated, that Capt. John Cranston, Mr. William Car- 
penter, John Sanford and Capt. John Greene, are apoynt- 
ed to view and calculate the voates for the Election. 



AND PROVIDENCE PLANTATIONS. 



223 



The Court adjourned till to-morrow eight of the clock, 16G8. 
to give way for the Election. s-*^-v-*-' 

At the Election, the officers chosen, May the 6th, 
1668. 

Mr. William Brenton, Governor, ingaged. 

Mr. Nicholas Easton, Deputy Governor, ingaged. 

Capt. Peleg Sanford. Assistant, ingaged. 

Capt. John Cranston, Assistant, ingaged. 

Mr. John Easton, Assistant, ingaged. 

Mr. William Carpenter, Assistant, ingaged. 

Mr. William Harris, Assistant. 

Mr. Thomas Harris, Assistant. 

Mr. William Baulston, Assistant, ingaged. 

Mr. Samuell Wilbur, Assistant, ingaged. 

Capt. John Greene, Assistant, ingaged. 

Mr. Benjamin Smith, Assistant, ingaged. 

John Sanford, GenTl Recorder, ingaged. 

James Rogers, Gen'U Sergant, ingaged. 

Mr. John Coggeshall, Gen'll Treasurer, ingaged. 

Mr. John Easton, Gen'll Aturney, ingaged. 

Mr. William Dyre, Generall Solicitor, ingaged. 

May 1th, 1668. 
The Charter according to order, openly read. 
Vpon a motion made by severall of the Deputies, de-TheDepu- 

'^ •' J. ' ties with- 

sireing to withdraw themselves from the bench to consider 'i'"''^- 
of such affaires as they may think fitt to propose for the 
well beinge of the Collony. 

It is ordered and enacted, that the Deputies have liber- 
ty for halfe an howers time to withdraw themselves, and 
then immediately to returne ; and that for the future the like 
liberty is, and shall be allowed to the Deputies if they or 
the major part of them shall desire it, and that in the time 
of their absence, noe act shall pass as a law. 

Ordered by the Assembly, in answer to the petition ofll^g^^^'^tter 
Samuell Eells, that forasmuch as the jury have not 
brought in a verdict in the action betwixt him and Henry 



224 



RECORDS OF THE COLONY OF RHODE ISLAND, 



A Generall 
Astembiy 
the day be 
fore the 
Election, 



1668. Bull, as by record is manifest ; therefore this Court doe 
"-*"^'"*^ order, that Mr. William Almy that was the foreman, doe 
returne all the papers into the hands of the Recorder, that 
soe each party may receive them, or copies of them. 

Forasmuch as great inconveniencys have been for want 
of the freemen soe readily and seasonably apeering on the 
Election day, which hath put the country upon great exe- 
gancy with respect to perfectinge the Election in its sea- 
son ; therefore, bee it enacted, that the Generall Assem- 
bly of this CoUony be from henceforth convened at or 
about one of the clock, in the afternoone, on the day be- 
fore the Election, for the furtherance thereof; and that 
the Election from henceforth shall begin about nine of the 
clock in the morninge on the Election day, and soe pro- 
ceed, any former law to the contrary made, notwith- 
standinge. 

Bee it enacted by this Assembly, that the Recorder doe 
to'^vrin"' with all expedition audltt the Serjant's accompt, and in 
case the Serjant doe neglect to take up such fines and for- 
forfeitures as he hath already ordered to take betwixt this 
and the next session, that then he shall be fined as they 
shall judge fitt. 

It is ordered, that the Recorder is impowered to 
Recorder to ballaucc tho Troasuror^ 

ballance the 

llTolX.'' lance thereof. 



account to 
the Recorder 
about fines. 



accounts and record the true bal- 



AND PROVIDENCE PLANTATIONS. 




PAPERS RELATING TO THE DISPUTED JURIS- 
DICTION OF THE NARRAGANSETT COUNTRY, 
NEAR PAWCATUCK RIVER. 



At a meeting of the Commissioners of the United Colonies 
of Nevj England, held at Hartford, the 6th September, 
1667, the following writing ivas presented by the Com- 
missioners of Connecticut * 

Whereas, our honored and beloued bretheron, the Commissioners of Massa- 
chusetts and Plymouth Collouie, haiie pleased to intimate some grievances re__ 
specting their confederates of Conecticott, wee returns as foUoweth : that 
whereas the gentlemen of the Massachusetts presented an order of theire Gen- 
erall Court, declaring theire concurrence with the conclusions of the Commis 
sionere in 1664, for a tripartite conseaderation and trieniall meeting of the 
Commissioners which theire Secretary sent to our, Court ; wee answer, that 
altho it doth not appeer that an answare in writing was returned thereunto 
yett, our General! Assembly did so well resent that determination of the Commis. 
sioners, that wee know not of any that did oppose it ; and haue acted accord, 
ing in choise of Commissioners euer since, and attending the Corjooration 
business att Boston, in complyance of that agreement.. 

1. In reference to Southertowne, the Massuchusetts did exercise jurisdic- 
tion after the determination of the Commissioners in 1658 and 1659, vntill the 
gouernment of that place was stated to vs by Charter ; nor haue the gentlemen 
of the Massachusetts declared to vs any dislike of our soe doeing those two 
yeares past that wee know of ; and wee hope that our Court will take care 
that the rights and proprieties of all within theire lymetts bee duely 
preserued. 

2. As for the Pequott Indians, they are settled on a large tract of land for 
theire planting and subsistence, which wee wish had bine sooner attended, but 
being now effected, wee hope will satisfy all our confeaderates. 

The Commissioners having formerly declared their sense of matter, doe 
meet to refer the same to the Generall Court of the several colonies. 

In testimony of our joynt consent to the enterance of the foregoing conclu- 
sions respectiuely, wee haue heervnto sett our hands the 1 2th day of Septem- 
ber, 1667. 

WILLIAM LEETE, Presedent. THOMAS SOUTHERWOETH, 

THOMAS DANFORTH, THOM AS HINCKLEY, 

JOHN LEUERETT, SAMUELL WILLIS. 

* Hazard's State Papers, vol. 2, pp. 109-111. 
VOL. It. 15 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Letter from Connecticut^ to Governor Brenton of Rhode 
Island * 

Hartfortl, October 17th, 1667. 
Honored Gentlemen : We are informed by some of our people, tbat some of 
yours, viz : John Crandall, by name, hath come on the west side of Pawcatuck 
river, and hath layd out a great quantity of land, of about a mile square, to 
his son ; which sayd parcell of land, is within the bownds of Stonington ; in 
which are seuerall lotts belonging to divers persons, who haue enjoyed the 
same, for some yeares peaceably. This we thought meet to acquaint you with ; 
trusting you will not alowe any of yours to incroach upon our rights (to the 
disturbance of our peace, and the discourageing of the inhabitants of the towne 
concerned, in the prosecution of their occations, for their future benefit) but 
that you will command those vnder your gouerment, that they forbeare all such 
vnjust proceedings (as wee haue acquainted you with), for the future ; which if 
attended, will be much to our satisfaction. But if after we haue acquainted 
you herewith, any of yours shall proceed to disturbe our peace, by molesting of 
our inhabitants in their just rights, or possessing themselues with our lands ; 
we must not suffer it, but use all just meanes within our power to mayntayne 
our rights, and bring such intruders to condigne punishment. "We shall not 
giue you farther trouble, but leaue what we haue presented, with your wisdomes. 
Hopeing for such a complyance and neighbourly correspondency as may pro- 
mote your and our publique peace. And we rest, gentlemen. 

Your assured, loueing neigbours and friends, tlie 
Generall Assembly of his Majesties Colony of 
Conecticot. Signed per their order, per me, 

JOHN ALLYN, Secretary. 
Superscribed. 
For the Right Worshipfull William Brenton, Bsq'r, Gouernor, with the 
Honoured Councill of his Majesties Colony of Rhode Island and Proui- 
dence Plantations, at Newport, on Rhode Island. This be all. 
;L€&ue this with Mv. Tho. Stanton, to be conveyed as aboue directed. 

Petition of the inhabitants of Wickford. 

To the Honoured Generall Court at Hartford, the bumble petitioners con- 
cerned, together with the inhabitants of the towne of Wickford, in behalfe 
of ourselves and others, this fourth day of May, 16G8. 
Humbly sheweth : Whereas, his Royall Majesty hath granted you a gra- 

tious Charter, by virtue whereof to defend, cherish and gouerne his subjects 



* Rhode Tsland Iliistoilcal S,)ciety'.s Mii;ui,'^c;ii>t.-^, p 44. 



AND PROVIDENCE PLANTATIONS. 227 

in tWs remote wilderness, and before your Charter was granted, wee intreat- 1668. 
ed your Gouernour to take that tract of land that Avee had purchased in the y^ ^ -^^. 
Narragansett countrye into your patent and jurisdiction, that wee, the propri- 
etors might improuc it for plantations, which accordinglye was done ; and the 
extent of your patent reachinge vss in the Narraganset countrye, caused vs to 
apply our seines to you in the yeare sixty foure ; vppon which you were pleased 
to take vs vnder the winge of your gouernment by makeing vs a towne, and 
constitutinge officers, and which since hath bene enterrupted per such proceed- 
ings of his Majestyes honorable Commissioners, as yow are not ignorant of. 
"Wee findeing a necessity of looking for protection and defence by a gouern- 
ment, doe againe applye ourselues vuto this Honoured Court, desireing yow 
would pleas to assume your power, and to afford vss protection, that so ac- 
cording to our fBrst propositions to your Governor, wee the proprietors might 
haue libertye to settle plantations there vppon our lands for the advancement 
of the generall good of the countrye, which if yow pleas to doe, wee shall 
thankfully acknowledge jour ffauor and gratious protection. But if yow shall 
not see cause to reassume the gouernment of the place according to our fBrst 
propositions, wee desire your answer, that so wee may look for government 
and protection elsewhere, being not able to Hue either in our ciuill and eclesi- 
asticall matters without gouernment, which both the honor of God and the 
good of the country now callse vppon vs to seek affter, and because wee looke 
at our selues most obliged to yow, we make this furder applycation to yow. 
And whatever your answer shall bee, wee acknowledge our selues bound to 
pray for your welfare and happines. 

Daniel Denison, William Hudson, 

Richard Smith, ' John Viall, 

Joshua Hewes, The mark of Tho. M Joy, 

John Crabtree, The mark of }- [ Macklin Knight, 

Lawik Vandick, Thomas fflanders, 

ffranses Batts, "Walter H the mark of Howes, 

Amos Richisson, John Cole, 

Samuell Eldrid, Sen'r, Samuel Wait, 

Alexander ffenixe, Dauid Maddocke. 

Jno. Paine, 

Appointment of Agents by Connecticut to treat with Rhode 
Island. 

These are to signify, that the Generall Assembly now sitting at Hartford, 
May 14th, 1668, haue chosen and appoynted Mr. John Allyn, Assistant, and 
Thomas Stanton, to be their agents to treate with the Gouernor of Rhode Is- 
land, either singly or with his Councill, concerning any matters or things re- 
specting our right clayme to any land in tho Narragansett country, or at 
Squamacuck, or elsewhere deteyned by any persons vnder pretence of being 
vnder Rohd Island gouerment, and to take what answers they shall please to 
giue and make returne or reporte thereof vnto the Generall Court in October 
next. 

Signed by order of the Generall Court, 

■per me, JOHN TALLCOTT, Assii^%jt, 




RECORDS OF THE COLONY OF RHODE ISLAND^ 



Instructions for Mr.' John Allyn and Mr. TJio. Stanton. 

1 . You are by the first conuenicnt oppertunety to rcpayre unto the Gou- 
ernor of Eohd Island, and signify unto him that you are sent from this Gener- 
all Assembly to declar-e theire sence of great wrounges done to this Collony by 
sundry pretending to be vnder their gouerment in interrupting theire quiate 
possession of diuers inhabitants in their lands and estates at Squamacuck or 
elsewhere, within that tract of Narragansett country, which hath been gra- 
ciously granted by his Majesties Charter vnto this Colony. 

2. You are then to assertt the clayme of our right thereunto, describeing 
it according to Charter. 

3. You are to let them vnderstand that if an effcctuall course be not taken 
forthwith, to cause all those persons that haue not taken up their right in any 
of these lands from this Court, that they still owneiug and submitting there- 
unto, theu this Court purpose to use such nieanes as shall be in their power, to 
represse such enm-mous and turbulent practices from such intruders ; leaueing 
the consequences thereof upon the account of such as shall not obserue accord- 
ingly. 

4. Yon are then to demande some answer from the sayd Gouernor and his 
Councill, hereunto, in playne expressions or writing, that that may be report- 
ed to this Court without mistake. 

Signed by order of the Generall Court. 

per me. JOHN TALLCOTT, Assistant. 

A copy of Mr. Stanton's and Mr. Allyn's Propositions to 
Rhode Island. 

To the Honored AYilliam Brenton, Esq., Gouernour of his Majesties Colony 
of Rhode Island, &c., those of his Councill present. 

Honored Gentlemen: We have acquainted you with our commission, from 
our Generall Court of Connecticutt, and by word of mouth hane represented 
you with something of our desires and claymes ; but you haueing desired it 
under our hands, to accomodate you therein, we present as followeth : 

1. That seuerall inhabitants of the Colony ot Connecticut (who are hi? 
Majesties loyall subjects), are interrupted and molested in the improuement 
and quiat possessing of their lands and estates at Squamacuck (and in particu- 
lar the heirs of the much Honored John Haynes, Esq'r, deceased), by sundry 
[persons] who pretend themselues to be under your goucrument. If they be 
commissioned so to doe by this Colony, we desire such Commissioner may be 
recalled. 

2. We doe in the behalfe of our Colony (being authorized thereunto by 
them), assert our right to those lauds granted us by Charter, which are thus 
abutted, or are within these boundaries, viz. : on the east by Narragansett river, 
commonly called Narragansett Bay, where the sayd riuer falleth into the sea, 
and on the north by the line of the Massachasetts plantation, and on the south 



AND PROVIDENCE PLANTATIONS. 



229 



'by tbe sea ; in longitude of the Massachusetts Colony, running from east to 1668. 
west, that is to say : from the sayd Narragansett Bay on the east to the south v.,,^^,,.-^ 
sea on the west part, with the islands thereunto adjoining. 

3. We give you to understand, that if the people of our Colony be molest- 
ed still in the possessing of their just rights in any of the lands granted to us 
by his Majesties Charter by any who pretend themselues under your gouern- 
ment, our Court purposs to use just meanes to repress such enormous and tur- 
bulent disturbers. 

4. We doe desire your answers to these perticulers in playne tearmes in 
writing, that soe we may make returne to our Court that hath imployed us ; 
.and so we subscribe, 'honored gentlemen. Yours, 

JOHN ALLYN, 
THO. STANTON, Agents. 
■, Imployed by the Geuerall Court of Connecticutt, to treat with the Goueruor 
.and Councill of E5iode Island. 

This is a true coppy of what we gaue to the gentlemen, .June 3d, '68. 

Attested per me, JOHN ALLYN, Secretary. 
Newport, on Rhode Island, June 3d,, 1668. 

Answer to the foregoing Propositions-. 

To Capt. John Allyn and Mr. Thomas Stanton, June 3, 1668. 

Gentlemen : We haue received your proposalls in a paper, consisting off 
particulars, &c. ; vpon consideration whereof, our answer is : that out- Geuer- 
all Court is not now sitting, nor is our Geuerall Councill to be convened on 
a sudaine, by reason off distance of places ; wherefore being incapacitated in 
those respects, we are, and shall be ready to communicate your application to 
eyther Court or Councill vpon the first opportunity, for a further result. Be- 
ing very desirous of a peaceable complyauce with yoiir Colony, and all his sa- 
cred Majesties subjects, soe resteth. 

Yours obleedged, 
By order off the Gouernor and Councillors, present. 

WILLIAM DYRE, Secretary. 

Letter from the Gouernor and Council of Rhode Island to 
Connecticut. 

Honoured Gentlemen : Wee being conuened together by our Honoured 
Gouernor, to giue answer to certaine proposalls of desires and claime made to 
part of the jurisdiction, wee are (not only by his Majestic) butt allso by his 
Majesties Honourable Commissioners, invested with ; according to our Hon^ 
ored Governours promise, wee haue thought meet, for the keeping of a good 
correspondence betwixt vs, being so neare neighbors, to returne this ensuing 
answer to your propositions, concearning that it is rather for want of informa- 
tion of what our commission is, than presumption in you, soe to doe ; and 
question nott, butt you will receiue full satisfaction vpon pervsall hereof. 

To the first particular, wee answer : that the lands of Misquamacuck are 
iiamed in our patent granted by his Majestic, which is a grand commission, as 



230 RECORDS OF THE COLONY OF RHODE ISLAND, 

1668. ^'°'<^ ^'^^ Majesties most Honourable Commissiouers haue by commission vn'ier 
. . their hands and scales, settled the purchasers of Misquamacuck in their just 

rights ; and an account thereof haueing been giuen to the King and Councill : 
his Majestic hath declared by writting, that he is satisfied with the account of 
his commissioners actings here ; but notwithstanding, iff any persons them- 
selues are wronged in their just rights as touching title, in case itt bee 
not a matter already decided by his Majesties honorable Commissioners, the 
law is open, and wee shall (as in duty bound) give a hearing. To the rest of 
the particulars, wee answer : in the first place, that the bounds of the patients 
haueing been in dispute in England before the King and Councill, his Majestie 
was pleased in our Patent, to take a more than ordinary care to stopp the dif- 
ference by a nonabstante incerted therein concerning Pawcatuck river, called 
Xarragansett, alias Xarragausett riuer ; the sight whereof, with a copy of that 
clause, your Commissioners had when they were here ; and furthermore for his 
Majesties better satisfactioii of the boundaries of the seuerall Patents, he was 
pleased to send ouer his most honorable Commissioners, that by them he might 
see into snch differences ; and they haueing thoroly heard what each Collony 
could say concerning the boundaries, therevpou did determine Pawcatuck riuer 
to bee your easterue bounds, and from Shawes house by a north line vntill it 
meet with the Massachusetts line ; and gaue farther commission to 7s, to gou- 
erne the said tract : and therefore wee dare not neglect it, and doe hope that 
you will not presume to affront his Majesties orders herein, but rather be ready 
(as formerly) to yield obedience therevnto, and in so doeing, wee shall remayne 
your fellow subjects and servants, in love. 

By order and appointment off the Gouernor and Councill, this 20th of Au- 
gust, 1668. WILLIAM DYRE, Secretary. 

Newport, the Colonic off Ehode Island and Prouidence Plantations. 
Superscribed. 

To the Honored John Winthrope, Esq., Goueruour of his Majesties Colonic 
off Connecticutt. To be communicated to t-lic Generall Courte, these 
presents. 



Petition of William Hudson and others, to the Generall 
Court of Connecticut. 

To the Honored Generall Court assembled at Hartford. The humble petition 
of vs vuderwrittcn. 
Whereas, wee with others have comended a petition to the Generall Court 
in May last, to craue you would claime jurisdiction in Narraganset country, and 
soe establish it vnder a civill government that we may have some recourse 
for justice in all cases to yourselues. And now, at present, being with- 
out gouernment, which we conceive destructive to vs, we crauc you will be 
pleased to consider of our former petition and take vs vnder your wing, that 
soe we may know whither to have recourse for justice ; and also to appoynt 
such as in your wisdom you thinke meete to be ministers of justice amongst vs, 
which our necessity requires, for we cannot be content to Hue vnder an anar- 
chy ; and we desire a speedy resolutiou'herein, for we must haue recourse some 
whither for gouernment j and yourselues he'mg tlie first autt niost proper, we 



AND PROVIDENCE PLANTATIONS. 



231 



liLive recourse to yourselues. Thus desireing the Lord to be your director, we 1668. 

pray for you in all your vndurtalvings. ^i^>-v-^ 

Samm Edrid, Edward Hutchinson, 

John Cole, John Paine, 

Joshua Hewes, Richard Smith, 

Abijahe A. ffenike, John Viall, 

Thomas Sewell, Timothy Mather, 

Robert G. Greene, Increase Adderton. 

Wm. Hudson, 
October, 'C8. 

A GeneroM Assembly held at Hartford, October the 8th, 
1668. 



The Secretary and Mr. Stanton presented the Court with an account of 
what they did at Rhode Island, and allso a letter from the Gouernor of Rhode 
Island, was read in Court, and a petition from Hutchinson and Captain Hud- 
son and others, all which are left vpon file to be considered the next session of 
the Generall Court. 

The Court doth desire Mr. Willys to take the advice of Colonell Richard 
Nicolls and Major Robert Tompson, and to take the best way to promote an 
issue in the matter depending between Rhode Island, and this Colony in re- 
spect of the Narragancett country. And Mr. Wm. Leete and the Secretary 
are desired to draw vp instructions for Mr. Willys and present them to the 
Generall Court now in being. 

Whereas, there haue been seuerall complyauts and applications made to this 
Court by seuerall inhabitants of the Narragancett country whoe haue petition- 
ed us to establish a ciuill gouernment there, they being at present (as they 
say) without gouernment. This Court haueing formerly commissionated the 
Secretary and Mr. Stanton, to treat in behalfe of this Colony with the gouer- 
mcnt of Rohd Island about the premises, which conference hath produced no 
satisfaction to this gouerment ; this being willing to attend all wayes, doe or- 
der in the name and by order of this Court, to certify the gouerment of Rhode 
Island that if they please to attend and commissionate two or more to treate 
with some likewise commissionated by this Colony, we shall attend them at 
New London, in November or March next, as they shall please to appoint ; 
■which commissioners shall be impowered to endeauour an amicable comply- 
auce and issue between this Colony and Rhode Island in refference to those 
claymes that are between us, to the lands and gouernment of the Narrogancett' 
country ; and that if the sayd gouerment of Rhode Island shall refuse to attend 
such a treaty as afoarsaid, this Court doth determine to use all just endeauours 
to mayntayne there proprietiss in those lands circumscribed within the bownd?' 
of our Charter and the peaceable improucment of the sain:'. Tl:e Committee 
appoynted in behalfe of this Colony, are Mr. Wm. Leet, the Secretary, Capt- 
Fitz John and Capt. Wayte Winthrop, Mr. Tho. Stanton, Mr. Mathew Gris- 
wold or any three of them.* 

* This and the previous documents aro copied from manuscripts in the possession of 
the 11. 1. Hist. Society. 




RECORDS OF THE COLONY OF RHODE ISL.iND, 



To the Governor and Assistants of Rhode Island* 

Gentlemen : Our earnest request to vow is, that you will please to take the 
meritts of the petition of James Barker ir.to your care and protection, accord- 
ing to equity. We remaine your 

Affectionate friends, R. N. R. C. S. M. 

The King's Commissioners to Mr, Brenton. 

Mr. Brenton : His Majesty in the latter part of his signification of his 
pleasure to the Massachusetts Culouy, particularly declares that the present 
temporary bounds sett by the Commissioners between Plymouth and Rhode 
Island shall stand untill his Majestic finds cause to alter the same, which bee 
pleased to receive as our answer to yours, dated the 1st of October. "We re- 
maine your afifcctionate friends. R.N. R. C. S. M. 

Gov. Brenton to Colonel NichoUs, one of the King's Com- 
missioners. 

Right Honorable : Tours, dated November the 20th, 1666, we receiued' 
wherein wee perceive seuerall complaints have been made to your Honors 
against the government wee are invested with, concerning violences donne, 
which actions according to your honors supposition, wee are really ignorant 
of; no such complaint having .appeared to our view, and as concerning the 
latter that were seized att Misqamacocke, it wass donne by the Honorable 
Commissioners order and not by us ; and as wee are since informed the said 
Roger Plaisted putt into possession of the lands bee claimed att Misquama- 
cocke by his honor Sir Robert Carrs appointment, three days before wee re- 
ceived your letter, att which transaction some of ours take themselves agrieved, 
because they were not first there planted, but since there ordered to abide by 
an order made att Warrwicke, .April, 1665, under the hands and seals of three 
of bis Majesties honorable Commissioners during the Kings pleasure, a coppie 
of which order wee question not but remains in your custodie, which act wee 
cannot i^crceive hath been repealed by your honors, and therefore, wee, not 
willing to contradict any of your honors orders, are streightened how to pro" 
ceed to doe equall justice. And, Honorable Sir, wee take it as a great favour 
■your charitable construction, and the sense thereof imboldens us to request 
your farther direction in such a streight as now appears, and so having not 
further att present, wee 

Your humble servants. 
(Signed) WILLIAM BRENTON, 

In behalfe of the Council!. 

"Newport, on Rhoad Island, May the 6th, Anno 1667. 

* This, with the documents which follow, are from manuscripts in the Collection of 
Mr. John Carter Brown. 



AND PROVIDENCE PLANTATIONS. 



Colonel NicJwlls in reply to Governor Brenton. 

Honored Sir: Yours, of the Gtli May, 1007, in answer to a letter from 
Sir Robert Carr, Mr. iS. Maverick, and myselfe, bearing date the 20th of 
November, 1006, hath remained in my hands in hopes that 1 might have 
heard from Mr. Maverick, whose advice I have sought in the matter, but 
not yet attained. However, another occasion now presenting, I shall 
take the liberty of offering my explanations and advice in the questions 
which you seeme to desire may be reconciled. 

Be pleased to take notice that his Majesties Commissioners, reflecting 
upon the shortness of the time graunted in their warrant, bearing date 
the 4th of Aprill, 1065, at Warwick, requiring the removal of severall in- 
habitants out of the Kings Province, and seasonably forseeing that his 
Majesties determination could not be obtained before the end of Septem- 
ber, made a second order, the copy whereof I now send, unto which I did 
also concurr as you Avill find by the originall remaining in your hands. 
After which, upon the address of Roger Plaisted, we wrote againe to you 
and gave you the reasons of our actings in ours of the 20th of November, 
so that you may plainly see, that the first order made att Warwick ivas 
made void by the second, dated the l5th of September, and particularly 
explained in our last of the 20th of November, '00; so that to mee noth- 
ing is more cleere, than the nullity of the first order made at Warwick. 

I will not excuse Sir Robert Carr's hastiness in seasonably putting 
Plaistead in possession, yet I heare that he received some extraordinary 
provocations upon the place it had been more regular and methodicall, 
that the justices had sent forth their orders ; but failings are naturall in- 
firmities. Thus farr in answer to yours received, though I write not now 
as a Commissioner, because I am not singly qualified so to act, but in 
company, yet I hope that what I have or shall write further will have 
some weight and impression upon your thoughts, according to the meritt 
and justice of the matter. It is well knowne to you that his Majesties 
Commissioners being at Rhode Island found a controversy of title to land 
between William Harris and John Harwood, which had so long depended, 
and with too much heat beene so farre prosecuted, as that many ccnsid- 
erable persons became ingaged as parties and adhierents to the cause on 
both sides. This moved his Majesties Commissioners to incline to have 
the hearing of the matter, but his Majesties more weighty affaires re- 
quired their attendance at Boston, from whence they sent directions to 
yow to heare and c]etei-mine the case, which by your Generall Court in 
lOGO was accordingly determined and graunted to William Harris which 
hath lay en so long dormant in the servants hands, that your late Gener- 
all Court in July hath been pleased to put a stain and blemish upon the 
former resolutions of the Generall Court in '06, and wholly defeated their 
act, which was graunded upon all the formalities of the law from verdict 
to judgement and execution, which at this distance savours of some par- 
tiality. If yow think mee worthy to propose an expedient consonant to 




234 RECORDS OF THE COLONY OF RHODE ISLAND, 

1668. justice, it should be that some of your neighbours of Plymouth Colony 
were invited and desired as a jury or as arbitrators to heare impartially 
both sides, and decide the whole controversy, for I feare that too many of 
your Colony are totally ingaged already on the one side or the other. 

Mr. Harris further complains that being an Assistant, together with 
Mr. Carpenter at a towne election of officers, they mett with some disor- 
ders and thereupon entered a complaint in the Kings behalfe against Mr. 
Fenner, the Court saw cause to acquitt Mr. Fenner, and to fine Mr. Har- 
ris fifty pound, yow will not find in any one law book of England a prece- 
dent for so doing, but the contrary ; for whoever sues for the King, though 
he does not make out the full matter and evidence is defended by the 
laws from suffering a fine in that respect. I hope yow will reflect sea- 
sonably upon these things, which with griefe and trouble I now write, my 
only designe therein is to contribute my hearty, neighbourly and friendly 
advice to your peace and prosperity,, which you cannot expect till yow 
have purged away the leaven of factious interests in your Courts and 
country. That with brotherly love and unity your affaires maybe carried 
on in the sight of God and all good men. 

1 am, honoured Sir and gentlemen. 

Your very affectionate servant, 

R. NICHOLLS. 

Fort James, in New Yorke, 24th of July, 1GG7. 



Samuel Gorton and Randall Eoldcn to Col. Nicholls. 



Sir : Wee humbly made bold to indeavour the preferring of a petition 
to your honour and others of his Majesties honourable Commissioners, 
then residing with yourselfe at New York, which is now above a year 
agoe, we supose it was obstructed in its progress because we never heard 
of any success thereof; it concerned our intrest in a small neck or tract 
of land, situate in the Nanhygansit country, the ancient sachims now de- 
ceased, proposed unto us in their life time a farr greater gift tho' it was 
not inacted, but these that now live, did freely of their owne voluntarj'- mo- 
tion give the said tract of land unto us, moving themselves thereunto by 
courtesies ourselves had done for them, whereof one principall was our voy- 
age into England, to present their voluntary subjection to the Kings Majes- 
ties royall father ; but being in the time of the heat of that unhappy warre, 
■we could not find a way how to have aceesse, only we procured the print- 
ing of it, that publique notice might be taken thereof; and being we were 
intrusted with that their act and deed, we made bold on his Majesties be- 
halfe to prohibit those men of the Massachusets for intermedling with any 
of those lands, in the Nanhigansit country, till his Majesties royall plea- 
sure was made knowue, concerning them and the people so voluntarily 
submitted. The abovesaid neck or small track of land bordereth upon 
those lands concerning which the abovesaid men of the Massachusets 
forced a deed of sale from the sachims, only it is divided by a small 
bourne interposing; and when that pretenc'.ed deed was procured, this 
small purcell of land was excepted in the said deed, as being the indubita- 



ANI> PROVIDENCE PLANTATIONS. 235 

ble right of your suplicants, expressing our names therein, as req;nested 1668. 
from all such hinds as the said men of the Massachusets seemed to lay ^^^_^^_^ 
anyclaime unto ; yet notwithstanding one Richard Smith, a dweller neere 
the premised lands, together with his father late deceased, have sarrupti- 
tiously and forcibly kept the said lands for the space of eight ye«rs now 
past from us, to the great less and damage of our families, for a small thing 
with us is more than greater matters with other men, who have raised 
themselves to great estate thro' our oppressions ; we have lived a long 
time in hope of reliefe from his Majestic that was, and now is, and his 
honourable Commissioners, who not only in this perticular, but also :n 
other open and hostile wrongs, done unto us, but our oppressors still fill 
our eares with tales and tidings which it may be, are their hopes, but our 
fears, that our reliefe standeth yet aloof; wherefore we have been forced 
lately to commeuse suit in law, agtiinst the abovesaid Smith to come by 
our right in that one perticuler, who hath been the principall means and 
instrument of that intrusion of the men of the Massachusetts upoii the 
Kings right, of those lands of the Xanhiganset, now called the Kings Pro- 
vince ; this is he that hath indeavoured to bring, in other jurisdictions to 
beare sway and exercise authority ifi this Collony ; this is he that hath 
denyed subjection to this government, till now this suit comensed^ know- 
ing that else he could not claime the benefit of the law; this is he, togeth- 
er with his accomplices, who ofered indignity to noble personages, by the 
inhumane abuse of their eflfigies by word and deed upon Rhode Island ; 
this is he who hired the said tract of land only for three yeers, of one of 
the inferiour sachims before it was given unto us, and hath since foysted 
threescore yeers into the writing, as appeers evidently ; this we say not 
to incense your Honor against any mans person, but to declare how wo 
abominate all such irregular dealirgs. Although we be strangers to your 
self, yet our honoured friend Capt. Willet can iuforme your Honour of 
our course of life, and also of our cause, and to be short, this is he who 
hath kept in his custody that order made by your Honour and other of 
the Commissioners at New York, for the inlargement of the liberty of the 
men of the Massachusets in the Kings Province till his Majesties pleasure 
were further knowne ; only now he brought it forth this last Court, to 
supersead our suit in law. 

Wee humbly pray therefore, that your Honor will please to vouchsafe 
to give your seiice of the said order in a few words by your Secretarie, 
whether it comprehend any lands or priviledgesas to stand in suspence 
for present), which are exempted and excluded the bounds of all claime. 
of the men of the Massachusets by vertue of that pretended deed procur- 
ed, within the confines of the Kings Province, this favour we humbly 
crave of your honour, that so we may either see our way cleere to prose- 
cute our suit in law, not to be superseaded by that order (as we are for 
present), or else to renew our patience to sit under the liurden as for- 
merly we have done, and we shall remaine as now, we are your honours 
humble servants. (Signed) SAMUELL GORTON, 

RANDALL HOWLDON. 

(Superscribed). To the Right Honourable Richard Nicholls, Governor 
of New York, these humbly present, hast this. 

Warwick, Nov. 9th, 1667. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Gemrall Assemhly held for the Collony 
of Rhode Island and Providence Plantations at Newport^ 
the 2dth of October, 1668. 

Mr. William Brenton, Governor. 

Mr. Nicholas Eastoii, Deputy Governor. 



ASSISTANTS. 



C:apt. Peleg Sanford, 
Capt. John Cranston, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. William Harris- 



Mr. Thomas Harris, 
Mr. William Baulston, 
Mr. Samuell Wilbour, 
Capt. John Greene, 
Mr. Benjamin Smith. 



DEPUTIES. 




Mr. Caleb Carr, 


Mr. 


Anthony Everenden 


Joseph Torrey, 


I\Ir, 


John Sandford, 


Mr. John Coggeshall, 


Mr. 


John Briggs, 


Mr. Edward Greenman, 


Mr. 


John Tripp, 


Mr. Joseph Clarke, 


Mr. 


John Albro, 


Mr. Edward Smith, 


Mr. 


John We ekes, 


Mr. Henry Browne, 


Uv. 


, Richard Carder, 


Mr. Edward Smith, 


Mr. 


James Greene, 


Mr. Shadrach Man ton. 


Mr. 


, Edmund Calverly. 



Mr. Wm 
Harris bill 
read. 



Mr. Wm 
Blaxstones 
1)511 read. 



The Deputy Governor chosen Moderator. 

Joseph Torrey. Clarke of the Assembly. 

Voated, that a bill presented in Court by Mr. William 
Harris, shall be publickly read in Court. 

Ordered, that Mr. William Blaxstones petition shall 
be read in Court. 

Whereas, Mr. William Harris having presented a bill 
to this Assembly, which concearnes a late fine imposed on 



AND PROVIDENCE PLANTATIONS. 237 

him, by which he is grieved and comphiineth, the Court 1668, 
refer the consideration thereof to a Committee. s-^~v-^^ 

Mr. Harris 

The Committee chosen is Mr. John Easton, Mr. Benia- J^"^ •"'^^f^'-""'^'' 

' «7 to a com- 

min Smith, Leftenant John Albro and Joseph Torrey. Th" com- 

Whereas, a fine of fiftye pound was layd upon Mr. Wm. wm'^Harris' 
Harris, Assistant, as is sayd by the Court, July, 1667, for*"'"^''- 
that the sayd Harris made his comphiint vnto the Govern- 
or of the breach of his Majestyes peace in the towne of 
Providence, in a tumultuoues and riotous way ; where- 
vpon, a Gennerall Assembly was called in a busie season 
of the yeare ; and whereas, the sayd William Harris, As- 
sistant, hath made his application to this present Assem- 
bly that his sayd fine may be wholly remitted, alledging 
severall reasones for what hee requests, and producing the 
judgment and advice of our much honoured Collonell Nic- 
olls in the case, being a person skilled in the law, th« As- 
sembly having taken the matter into serioues consideration 
and w\ayghing that his Majestyes noble grant vnto vs hath 
yett limitted vs, soe that wee have not power to impose 
an vnreasonable mulct, nor proceed in our actings contrary 
and repugnant to the lawes of his realme ; and judging 
this act to be sucli^, doe therefore hearby declare the said 
sentence of fiftye pound To be vtterly voyd and of none ef- 
fect, and that the said William Harris is hearby thereof 
wholly released ; and all persons are hearby forbidden, at 
their perrill, from molesting the said William Harris vpon 
that account, any act of any Assembly heartofore to the 
contrary hearof in any wise notwithstanding. 

Whereas, Mr. William Blaxton hath presented his peti- Answer to 

^ MrBlaxtons 

tion to this Gennerall Assembly, in which he requestethp^"""^"- 
the Assembly that hee may by this Collony in which he 
concludes his land lyes, be defended from the vnjust mol- 
lestation of any that lives near him, &c : the Assembly tak- 
ing the matter into serious consideration, and finding there 
hath formerly been a present issue put to that which doth 
concearne the present request by his Majestyes honorable 
Commissioners, that noe person should be disquietted vn- 



Men of Mis 
(luamacult 
admitted 



238 RECORDS OF THE COLONY 'OF RHODE ISLAND, 

1668. till his Mnjestyes pleasure be further knowne, &c. As a 
^-*'"^''"'**^ present answer to the petition, the Assembly doe order, 
that Mr. John Clarke, who was one of the Collonys agents 
to plead the Collonys priviledges before the honored Com- 
missioners, be requested, and is hearby requested and 
impowered, to write to the Governor of Plymouth, that 
hee may take care that none vnder that jurisdiction may 
be permitted to intrude vpon or mollest the said Blaxton 
in his just right. 

The names of such as inhabitt at Misquamacott, who 
have formerly presented their names to be made free of 
this Collony, doe now againe [present them] to this 
present Assembly, sitting this 28th of October, 1668, and 
are admitted, viz. : Joseph Clarke, John Maxson, James 
Badcocke, Jun'r, John Badcocke, Job Badcocke, John 

Randall, Daniell Crome, John , John Lewis, John 

Tharpe, Jonathan Armstronge, Daniell Stanton, Nicolas 
Cottrell, Jun'r, and James Case. 

The names of such as are, according to order, made free 
of the towne of Newport, and desire to be made free of 
the Collony by this Assembly : Thomas Rogers, Micall 
Philleps, John Rogers, Henry Lellye, John Spencer, 
John Vahan, Jun'r, Henry Dyer, John Greene, Nathanell 
Johnson, John Blise, William Timberlake, Henry Pallmer, 
Joseph Bennett, John Peckhame, Jun'r, Jeremiah Clarke, 
Joseph Terrey, Jun'r, and Richard Bayly ; all proposed 
and accepted. 

The Assembly taking into serioues consideration the 
The Court wayghty occationes of the country, who have wayted with 
wednetiay'^ i^^^c^ paticnce to havc their actiones tried according to 
iText*'*'*' law, in the Court of Justice, and this Assembly conceive- 
in o" that its taking place soe long hath been some cause 
thereof, and the winter coming on soe fast, doe see cause 
to adjourne vntill the second Wednesday in March next.. 

March the, Wth 1668-69, the. Assembly sat. 
Ordered, that whereas it doth appeare that any person 



Men of New- 
port admit- 
ted freemen 



AND PROVIDENCE PLANTATIONS. 239 



inhabitting in this jurisdiction, may on good grounds, or 1669. 
throuffli mallice and envie be indicted and accused '-''"^'"*^ 

'^ All atturney 

for matters criminall, wherein the person that is soe ^j;^^"^ to^^ 
[accused] may be innocent, and yett may not bee ac- 
complished with soe much wisdome and knowlidge of the 
law as to plead his owne innocencye, &c. Be it there- 
fore enacted by this Court and the authority thereof, that 
it shall be accounted and owned from henceforth vntill 
farther order, the lawful privilege of any person that is 
indicted, to procure an attornye to plead any poynt of law 
that may make for the clearing of his innocencye. 

In consideration of great trouble that may arise by rea- -^°y «>"« 

c J J chosen into 

son of indicting persons elected to office, or by any voting ?^';^/J]')°' 
them out, contrary to the free vote of the freemen before in w s'^mce^ 
found guilty by their peers, by reason whereof, thro' deceit, 
many officers lawfully elected and capable in the law may 
be vnjustly indicted and voted out, as noe lawfuU officers to 
the infringing the libertyes of the free vote of the freemen 
disableing of the Courts and to the obstructing of justice ; 
be it therefore enacted by this Grennerall Assembly and 
the authoritie thereof, that if any freeman of this Collony 
be called by the free vote of the people of this Corporation 
into any office, that then, hee or they soe elected, shall be 
ingaged thereto and officiate therein, notwithstanding in- 
dicted or voted noe officer against the vote of the freemen, 
and notwithstanding any such bill or bills found true bill 
or bills, or any such vote against him or them objected to 
the contrary notwithstanding ; provided neverthelesse, 
that hee, the said officer or officers, shall be brought to his 
fayre tryall by his peers (viz.) : twelve lawfuU men, hav- 
ing first his or their lawfull challenges and lawfully en- 
gaged to the said case or cases ; and forasmuch as the 
constitution of the Gennerall Assembly, before this Char- 
ter granted by his Majestye, was of the whole body of the 
freemen, out of whome the Committee for the tryall of offi- 
cers was to be chosen ; be it therefore further enacted and 
provided, that if any Gennerall officer happen.to be indicted 



240 



RECORDS OF THE COLONY OF RHODE ISLAND, 



allowed. 



1669. or complained agaiust for any clelmcjuencye, that the said 
^"-""■^''■^^ officer or officers shall be allowed to have his or their triall 
by twelve men, either of the Gennerall Assembly if hee de- 
sire it, and therein soe many unsuspected men in the 
case ; or by twelve indifferent freemen least suspected, 
that are not of the Assembly, if the officer or officers vpon 
the try all desire it or the Assembly either, and according 
to the verdict of his said peeres guilty or not guilty, judg- 
ment shall be given accordingly, any objection pretended 
from the Charter to the contrary, or notwithstanding any 
law or lawes, clawes or clawses, or pretence of either, to 
the contrary hearof in any wise notwithstanding. 

There being a bill presented by the Gennerall Sargant 
RosSs°biii for calling severall Courts from October, 1667, vnto this 
present Court, and for his attendance thereon, which sume 
comes to twenty one pounds, eighteene shillings ; his bill 
is approved of in Court, and ordered to be payd out of 
the Gennerall Treasury. 

There being a bill presented by Mr. William Harris, 
which concerns the six hundred pound rate, &c., it is re- 
Hv""""""" ferred to the Assembly in May next ; as also a petition 
from John Whipple and Epinetus Olnye, concerning a fine 
imposed on them, which bill is alsoe referred vntill May 
next. 

Ordered, that the Clarke of this Assembly shall draw 
havJ'cs? forth a coppie of the acts of this Court, and send them to 
the Generall Recorder for him to enter into the Booke of 
Records, and to send a coppie thereof vnder the seale of 
the Collony, to each towne within twentye dayes after hee 
receives them, who for his soe doeing shall have sixe shil- 
lings and eight pence for each coppie out of the Gennerall 
Treasury. 



Bills refer 
red to the 
next Assem- 



The Clarke 



for each 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, May the ith, 1669. 

Mr. William Brenton, Governor. 

Mr, Nicholas Easton, Deputie Governor. 



ASSISTANTS. 



CJapt. Peleg Sanford, 
Capt. John Cranston, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. Y/iiliam Harris, 



Mr. Thomas Harris, 
Mr. William Baulston, 
Mr. Samuel Wilbour, 
Capt. John Greene, 
Mr. Benjamin Smith. 





DEPUTIES. 




Mr. John Coggeshail, 


Mr. 


Shadrack Manton, 


Joseph Torrey, 


Mr. 


John Sanford, 


Mr. Caleb Carr, 


Mr. 


John Briggs, 


Mr. William Weeden, 


Mr. 


John Tripp, 


Mr. James Barker, 


Mr. 


Lot Strange, 


Mr. Edward Smith, 


Mr. 


John Weekes, 


Mr. John Sayles, 


Mr. 


Rich'd Carder, 


Mr. John Whipple, 


Mr. 


James Greene, 


Mr. Andrew Harris, 


Mr. 


Edmund Calverly. 



Mr. Nicholas Easton, Deputye Governor, chosen 
Moderator. 

Joseph Torrey, Clerke of the Assembly. 

Ordered, that the law for convening the Assembly the 
day before the Election, be read in Court. 

Ordered, that those that were admitted freemen the last Freemen ad 

mitteU. 

Assembly, which sat in October, are allowed of, and 
have liberty to vote in the Court of Election. 

Ordered, that those men that are presented to be made 

VOL. II IG 



242 RECORDS OF THE COLONY OF RHODE ISLAND, 

11669. freemen of the towne of Purtsmouth vnder their Towue 

' Y — 'Clarke's hand, are accepted of, and made free of the 

Collony. 

Thomas Fry accepted to be a freeman of the Collony. 

Samuell Stafford, Benjamin Barton, John Warner, John 
Gorton, all acccopted freemen of the Collony. 

Samuell Whipple, Eliezer Whipple, and James Olnye 
accepted freemen of the Collony. 

Ordered, that Mr. Joseph Sanford and Joseph Torrey 
are to write the names of such as come to vote to morroAV, 
being the day of Election ; and Capt. John Greene and 
Mr. John Sayles are to receive the votes from such as 
vote, and deliver them fayre into the hat on the table ; 
and Mr. Peleg Sanford and Mr. John Coggeshall are to 
assist for the opening of the proxes. 

The Court adjourned till tomorrow at 8 of the clock in 
the morning. 

May the 5th. 

The Court being called, did adjourne till to morrow, 
eight of the clock, to give way for the Election. 

It was concluded that the Governor was Moderator of 
the Assembly, for the Election. 

Mr. Benedict Arnold, chosen Governor, and engaged. 

Mr. John Clarke, chosen Deputy Gov'r, and engaged. 

Capt. John Cranston, Assistant, engaged. 

Capt. Peleg Sanford, Assistant, engaged. 

Mr. John Easton, Assistant, engaged. 

Mr. William Carpenter, Assistant, engaged. 

Mr. William Harris, Assistant, engaged. 

Mr. Thomas Olnye, Jr., Assistant, and engaged. 

Mr. William Baulston, Assistant, engaged. 

Mr. Joshua Coggeshall, Assistant, and engaged. 

Mr. Benjamin Smith, Assistant, engaged. 

Capt. John Greene, Assistant, engaged. 

Joseph Torrey, Generall Recorder, and engaged. 

James Rogers, Gen'U Sergant, engaged. 

Mr. John Coggeshall, Gcn'll Treasiirer, ensjiigcsl. 




AND PROVIDENCE PLANTATIONS- 

Mr. John Easton, Gen'll Atorney, engaged. 
Edward Richmond, Gen'll Solicitor. 

Maij the Qth. 

The Governer chosen Moderator. 

Joseph Torrey, Clark of the Assembly. 

Ordered, that severall petitiones that are presented, 
shall be read in Court. 

Ordered, that the petition presented^, signed Arthur 
Fenner, Moderator, shall be discussed first in Court. 

Ordered, that two papers, presented by Mr. William 
Harris, in answer to Mr. Fenner's petition be read in 
Court. 

Ordered, that a Committee be chosen in this Assembly, committee 

sent to the 

and sent to Mr. William Brenton, the late Governor, to'^teGov- 

' ' ernor for ihe 

demand and receive of him the Charter and all other let- '^^*'''"- 
ters and other writings that concearne the Collony ; and 
that the said Committe have full power to give the said 
late Governor, in the Collonys behalfe, a full discharge for 
what they receive, and they are to returne the same to 
this Court. 

The persons chosen by this Assembly are Capt. Peleg 
Sanford, Mr. John Sanford and Joseph Torrey. 

Ordered, that the receipt given vnto Mr. AVilliam Bren- 
ton, by the Committee sent from the Court, be recorded, 
they having, according to their trust delivered the Charter 
and the letters mentioned in the said receipt vnto this 
present Court, and are hereby discharged thereof. The 
coppie of the said receipt is as follows : 

In order to the order of the Gennerall Assembly held The re.eip 
the fifth of May, 1669, wee have addressed ourselves vn-ooternor* 
to Mr. William Brenton, the late Governor of this Collo- 
ny, and have from him received his Majestyes gratioues 
Charter, bearing date the eighth day of July, in the fif- 
teenth yeare of his raygne ; also a letter from his Majes- 
tye, vnder his Secretary Bennett's hand, dated the 23d of 



244 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. Aprill, 1664 ; also, a letter from the Lord Chancellor Clar- 
^-^^'-^^ endon, bearing date the 28th of Aprill, 1664 ; a coppie of 
a letter of advice from his Majestye to his Commissioners, 
dated the 28th of January, 1664 ; a coppie of the order 
for reprisalls, dated the 29th of February, 1664, directed 
to Collonell Richard Nicolls ; also a letter from the said 
Nicolls, directed to the Governor, in which the said cop- 
pies are inclosed ; also the order of his Majesty es Com- 
ers, vnder their hands and scales, concearninoj the 



mission 



CD 



easterly bounds of this Collony, by them at present sett, 
dated the 7th of March, 1664 ; and the other part on the 
back side of it, dated the 11th of March, 1664 ; as alsoe 
the agreement betweene Mr. John Clarke, Agent for this 
Collony, and Mr. John Winthrop, concearning the west- 
erlye bounds of this Collony, bearing date the 7th of 
Aprill, 1663 ; alsoe an order vnder the hands and scales of 
his Majestyes Commissioners, relating to the government 
of the Kings Province, bearing date Aprill the 8th, 
1665 ; alsoe a letter from his Majestye, vnder the hand 
of his Secretary JMorris, dated the 10th of Aprill, 1666, 
the scales both of the Charter and all other letters not be- 
ing any way defaced. The aforesaid particulars wee 
have, as aforesaid, received, and do hereby according to 
the power committed vnto us, discharge the late Governor 
"William Brenton thereof, as witness our hands, this 6th 
of May, 1669. 

PELEG SANFORD, 

JOHN SANFORD, 

JOSEPH TORREY, Gen'll Recorder. 

tersbnicun'- Ordered, that the papers that were presented by Mr. 
cermngthe ^y^j^-.^^^ Carpcuter, shall be read in Court, which papers 
answered, jjeing fouud to bc mattcrs presented to the Towne Coun- 
cill of Providence, by the widow Mary Mowry there living, 
concearning her refusing to administer vpon the estate of 
her late husband, Roger Mowry, who- dyed January the 
5th, 1666 ; who made a will, and therein made his said 



AND PROVIDENCE PLANTATIONS. 245 

wife ExecatriK thereof, the which she denied to owne, 1G69. 
because the estate left wouhl not discharge just debts, and ^-^-^v-^^ 
pay legacies, &c. The Towno Councill aforesaid, haveing 
therefore, at her request, ordered therein and givea her 
somewhat above twentye pounds of the estate to helpe re- 
lieve her in her old age, for good reasons to them appear- 
ing, this Assembly doe approve of what the said Councill 
have done in the case, and presented to this Court, and 
doe further declare that they the said Councill have full 
power to finish the matter accordingly for full settling the 
same. 

Ordered, that the Committee that hath been imployed ^he^^com- 
to gather in the late levie of six hundred pound rate, shall ordeST 
meet on jNIonday morning, sun rising, and from that time 
to appoynt their owne meetings afterward, soe as to perfect 
their accounts and give them in to the x\ssembly at their 
next meeting, which will be on Friday next. 

Ordered, that Leftenant Albro shall have notice given 
him that soe he may attend the foresaid meeting. 

The Gennerall Assembly being sitting this 14th day off. 
May, in conformity with their adjournment from the Sthcouony' 
inst, which adjournment was made to give way to the 
Court of Tryalls then approaching, &c. The present Gov- 
ernor, Benedict Arnold, vpon the sitting of this Assembly 
did present a letter vnto this Court that was sent from the 
Gennerall Assembly of Conetticott Collony, dated October 
the 8th, 1668,* directed to William Brenton, Esquire, 



* Letter from the Geiicrall Assembly of Connecticut to the Governor and 
Councill of Rhode Island. 

Hmioured Gentlemen : This Court haueiiig seriously considered the result of 
the rcturnes which you were pleased to send back hither vpon the treaty with 
our Commissioners, viz. : Mr. John AUyn and Mr. Thomas Stanton, and find- 
ing no valid argument therein, which according to law, or vpon pretence of 
agreement made with our Governour in England, and duely obserued by you, 
can be supposed to nullify our Charter, title and other interest in those lands 
in the Narraganset country and the government there ; but that other claimes 
thereto doe still remaiue just and ought to be pursued ; yet as neighbours and 



letter 

from Con- 

cticutt 



An order 
about it. 



246 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. late Governor of this Collony, to be communicated to his 
"-^^^"•^ Councill, but was not soe communicated as it now appear- 
eth, nor made knowne by the said late Governor vntill the 
eleventh of this instant, in the afternoone, and then deliv- 
ered to Benedict Arnold, abovesaid, who the same day 
communicated it to the Councill, and as soone as the 
Generall Assembly sat, did in the first place communicate 
it, and commend the said letter to the Court, even vpon 
this present day, being the first oppertunitye that was in 
his hands to communicate the same vnto the Assembly ; 
and the Assembly did thereupon order that the said letter 
should be read, which was accordingly read in Court, and 
vpon serious debate vpon the contents thereof, and some 
former papers by way of demands and answers betweene 
Capt. John Allin and Mr. Thomas Stanton and the late 
Governor of this Collony, dated June the 3d, 1668, relat- 
ing to the said matters contayned in the abovesaid letter, 
they being sent from the Gennerall Assembly of Conetti- 
cott that sat in May, 1668, as it now appeareth, the pres- 
ent Assembly doe order as followeth ; that presently there 
be a letter drawn vp, directed to the Governor and Coun- 



fellow men, desireous to follow peace with all men, so much as in vs lyes, wee 
tbought meet once more to put ourselues vnto such further trouble and charge 
as to offer vnto you another season for our mutuall endeavouring an amicable 
complyance for an issue respecting that matter by way of treaty betwixt some 
persons on each part, sufficiently impowered for that end, who may meet at 
New London, sometime in November or March, as your selues shall chuse and 
signify to vs thereof seasonably. The reality of your intentions herein, you 
may conclude, and that we resolve, if our amicable tenders be by you rejected, 
to use all just endeavors to maiutayne our just rights and proprieties. Thus 
hopeing our labour of lone and study of peace in the premises shall not (by 
disregarde on your part) bee rendered fruitlesse or ineffectual!, wee shall not 
giue you further trouble, but remaine, gentlemen, your expectant loueing 
ffriends, the G-enerall Assembly of the Colony of Conecticutt. 

Signed per your order, J. ALLYN, Secretary. 

October, 1668. 

Post Script. Please to returne an answer by the first oppertuuety, that soe 
we may know your minds, you may conclude, and that we resolue if our ami- 
cable tenders be by you rejected, to use all just cndeauours to may]itayne our 
just right and proprieties. — jR. I. Hist. Soe. Mss.,p. 81. 



AND PROVIDENCE PLANTATIONS. 247 

cill, or Generall Assembly of Conetticott Collony, and that 1669. 
therein shall be first an account given by way of apolagey >-*^v-^' 
how it came to pass [that] there hath been noe returne 
hitherto for answer, as alsoe to signifie the re dy ones of the 
Court to meet in any peaceable proposalles, and to conde- 
scend vnto a treaty in case they please to apopynt time 
and place conveniente, and give three weeks notice before 
hand thereof to the Governor and Councill, and with- 
all in briefe to assert the Court's power of jurisdiction 
over the Narragansett country. 

Ordered, that the Governor be desired to draw vp aLe""'© 
letter to Conetticott, which letter being read in Court, is 
approved of, and ordered to be sent, and the originall 
placed to record. 

Letter from the Generall Assembly of Rhode Island, to the 
Generall Assembly of Connecticut* 

Newport, May 14th, 1669. 
Honoured Gentlemen : Your lines, dated October last 
past, coming to our late Gouernour's hands, the 15th of No- 
vember, after the Generall Assembly, &c. But how it was 
soe long before it came, we know not, nor by what acci- 
dent it lay ever since vncommunicated to the Councill, 
who assure vs that not one of them had the knowledge 
thereof, vntill the eleventh day of this instant moneth, at 
which time our present Assembly was not sitting, having 
adjourned from the 8th instant vnto this day, for the Court 
of Tryalls to take place, which was to bee in that inter- 
vall. Had it come happily to our view four dayes sooner, 
you would have received a returne thereto before now ; 
but now haueing received and perused the contents 
thereof, have immediately taken it into consideration (lay- 
ing aside at present), all other matters though of weighty 
concernments, to returne you an answer, which wee are- 



* Rhode Island Historical Society's Manuscripts, p 85. 



248 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. really sorry had not the occasion sooner to hane presented 
'■^^^■^^'<*^ you withall ; the matters insisted vpon in your lines afore- 
said, as alsoe in your Commissioners proposalls noAv (and 
not before) come to our view, dated June the 3d, 1668, 
are such as wee very much wonder at the reason of, being 
prtly demands, and claymes of propriety in lands, and to 
the government of what his Majestic hath granted vnto 
this jurisdiction in his gracious Letters Patents ; nor are 
we insensible of some hints by way of threats in case your 
expectations bee not answered, but take noe more notice 
of that, than of a thing to which this Colony haue been of- 
ten vsed by their neighbours. And therefore passing over 
that part of your addresses, wee embrace your friendly 
motions for a treaty by Commissioners (at New London, 
which place you pleased to appoint for treatying), and 
seeing it is soe vnhappily fallen out by the abovesaid acci- 
dent, that both the times or moneths by you named for 
such treaty are elapsed before wee had any the least hint 
of the same, doe therefore referr it to yourselues to ap- 
point (if you please) the time alsoe for such treaty ; glue- 
ing vs by the bearer hereof (Mr. John Crandall) notice in 
your letters of what day you shall affix for that purpose, 
provided it bee not within three weeks after the date of 
such your letters ; and therevpon you may not doubt, but 
to finde two persons there, if the Lord permitt, sufficient- 
ly impowered by vs to treat in that behalle, at the time 
and place by you soe appointed and notified as aforesaid, 
nor shall wee in meane time nor any time, bee vnmindfuU 
of the due regard wee are obliged to have of the peace 
and safety of all his Majesties liege people within this ju- 
risdiction or King's Province ; being also thereto moved 
by solemne addresses by way of complaint and request 
made, not only by the native Indians, but alsoe by some 
of your owne inhabitants vnto our Governor, &c., in that 
respect. And thus not to give you farther trouble at this 
time, saue the presentation of our cordiall respects vnto 
you, with desire of at least a signification by this bearer 



AND PROVIDENCE PLANTATIONS. 



249 



(who is sent on purpose by ys), that this cometh safe to 1669. 
your hands. v-^-v-*^ 

Wee rest, much honored and beloved gentle- 
men, your cordiall and vnfained friends, 
the Generall Assembly of his Majesties 
Collony of Rhode Island and Providence 
Plantations. Signed by their order, 

Per me, JOSEPH TORREY, 

Gierke of the Assembly. 
Superscribed. 
These to the much honored the Generall Assembly of 
his Majesties Colony of Connecticutt, sitting at 
Hartford, and in case the Assembly bee not in 
being, then to the much honored the Governor 
and Councill of the said Collony. Present with 
speed. 

Mr. John Crandall is chosen to be the messenger to 
carry the aforesaid letter to Conetticott. 

The names and sums of such, as for the presant, con— ^'^'mesor 

' ■•■ such as layd 

tribute to Mr. John Crandall, to accommodate him with ^';;7,C"''' 
money toward the voyage to Conetticott. voyageto' 

The Deputye Governor, five shillings ; the Governor 
and Mr. Carpenter, five shillings ; Mr. William Harris, 
three shillings ; Mr. John Easton, two shillings ; Mr. 
Benjamin Smith, one shilling ; Mr. John Coggeshall, two 
shillings, sixpence ; Mr. W^illiam Weeden, two shillings, 
sixpence ; Mr. John Briggs, two shillings, sixpence ; Mr. 
Edward Smith, two shillings ; James Rogers, one shil- 
ling ; Mr. Richard Carder, two shillings ; Mr. Andrew 
Harris, one shilling ; Mr. John Whipple, one shilling ; 
all to be repayed out of the next rate. 

Ordered, that the instructions and commission that is Persons ap- 
pointed to 

drawne vp by the Governor, Capt. Cranston, &c., for the ^;'^^™^j 
person es that are appoynted and impow^ered to treat with 
persons alike commissionated by Conetticott is approved 
of. 



250 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. The persons appoynted are Mr. John Cranclall and Jo- 
-„-— v-*»^ geph Torrey. 

The names and sums of such as for the present alsoe lay 
downe money to accommodate the messengers [who are] 
to treat with Conetticott Commissioners, which is also to 
be repayed. 

The Governor, ten shillings ; Mr. Carpenter, five shil- 
^owTf;''^^ lings; Mr. WilHam Harris, five shillings; Mr. Joshua 
Coggeshall, two shillings ; Mr. John Easton, four shil- 
lings ; My. Edward Smith, two shillings ; Mr. Benjamin 
Smith, two shillings ; Mr. William Weeden, one shilling ; 
Mr. John Coggeshall, three shillings ; Mr. Caleb Carr, 
two shillings ; Mr. John Whippell, one shilling. 

This Court taking notice of the returne by the Commit- 
tee to witt : Mr. John Easton, Mr. Benjamin Smith, 
James Greene, Edward Smith, Caleb Carr and William 
Weeden, in reference to the petition or desire of the peo- 
ple inhabitting at Musquamacott and Pawcatncke in the 
King's Province, to be made a towneshipp, it being and 
lying within this jurisdiction, as by his Majestyes Letters 
Pattents it may appear, and considering the power by his 
Majestye given to this Assembly to order ' and settle 
towneSj cityes and corporations, within this said jurisdic- 
tion, as shall seem meet ; and seeing there doth alsoe ap- 
peare good evidence of the trust and good affection of the 
said people vnto his JMajestyes government established in 
this Collony, and being also sensibell that the said inhab- 
itants have suffered much in vindicating the same, and 
are a competent number to carry on the affaires there, as 
in condition of a towneship. Bee it therefore enacted by 
this Assembly, and by the authority thereof, that the said 
inhabitants of Musquamacott being seated, adjoyning to 
Pawcatucke, alias Narragansett or Norrogansitt river on 
the W'Cst part, and boundary of this Collony, and within 
that part thereof knowne by the name of the King's Prov- 
ince aforesaid, to witt : Mr. John Crandall, Mr. Tobias 
Sanders, and all such others as now are or hereafter shall 



AND PROVIDENCE PLANTATIONS. 251 

be legally admitted as freemen and inhabitants in the said 1669. 
place called Musquamacott, &c., shall be knowne and ^j;^^^^^'^*- 
called by the name of Westerly ; and shall be reputed and HZT""'' 
deemed the fifth towne of this Collony ; and shall have,^^^'^^'^- 
vse and enjoy all such privilidges, and exercise all such 
methods and formes for the well ordering their towne af- 
faires as any other towne in this Collony may now Yse and 
exercise ; and they shall have liberty to elect and send 
two Deputyes, to sitt and act in the Genneral Asseiiiblys 
of this Collony from time to time, and are enjoyned to 
choose and send to the General Court of Trialls, one grand 
jury man, and one for the jury of triars from time to time ; 
and farther this Assembly, for their, the said peoples bet- 
ter governing themselves, and such as come amongst them, 
and vntill his Majestyes pleasure be farther knowne, doe 
recommend the care and speciall regard or ordering and 
appoynting Conservattors of the peace among them vnto 
the Governor, Deputye Governor and Assistants of this 
Collony, as was by the Governor and Councill began in 
the year 1665, and hath been since continued, desiring 
it may be still ordered and by the said justices renewed, 
and as occasion requires compleated and established, as 
they shall see meett ; even to erecting Courts for Triall 
of such small matters as other perticular Courts in this 
Collony may doe in that respect. 

In answer to the petition of Elizabeth Stevens to thef^';;^ 
Court for a divorce from Henry Stevens, her husband : 1'''''"°° 

The Court having duely heard and wayed the grounds 
alleaged, doe not as yett see cause to grant a divorce ; but 
notwithstanding, takeing notice of his turbelencye of 
speritt, which may prove distructive, doe leave the matter 
to the ]\Iagistrates, to take course, soe to order them apart 
as his Majestyes peace be not broken ; and this to be vn- 
till farther order, hee haveing in Court formerly declared 
his resolution soe to doe. 

Whereas, there are many acts and orders formerly made 
concerning the excising of wine and lyckers in this juris- 



abetii 
ens 



252 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. diction, which sayd orders have been in some places layd 
'~-^"^'""*^ aside or neglected, to the detriment of such place or 

Concerning f» rv • i 

<?xcise. townes as by gennerall complaint for want of effects m the 
Towne Treasury to defray the publicke charge it doth ap- 
peare ; for remedyinge whereof, be it enacted by this 
present Assembly and the authority thereof, that the fore- 
said lawes and orders for paying excise for wine and lyck- 
ers be revised, reviewed, ratified and confirmed to all 
intents and purposes for the pertickeler behoofe of each 
Towne Treasury, as formerly, and the same penalty to 
continue for non entering, or for concealing such wine and 
lyckers as formerly ; and the penalty on such as are to 
make search, to continue in case of concealing or neglect- 
ing their duty is to be as formerly ; only it is hearby en- 
acted, that whereas, the excise of lyckers was after the 
rate of five shillings an anchor, in peage, six a penny ; 
and wine five shillings a quarter caske, of that pay. The 
excise from henceforth to be payed, shall be after the rate 
often shillings a hogshead for lyckers, in current pay of 
this Collony ; and twelve pence the hogshead for entering 
the same ; and six pence the barrell, and accordingly for 
any other or greater quantitye, except it be not above an 
anker ; and for every anker or lesser vessell of lycker, 
shall pay three pence a peece for entering in the excise 
office in each towne and place of this jurisdiction or 
King's Province. And the excise for wine shall be from 
henceforth ten shillings a pipe, or twenty shillings a tun ; 
and soe in proportion for any other quantitye, and shall pay 
for entering tw^elve pence a pipe, or two shillings a tun, 
and accordingly ; for any other quantitye above a quarter 
caske or barrell ; but for a quarter caske, barrell and any 
other lesser vessell of wine, three pence a peece shall be 
payd for entering such barrell or smaller vessell, and both 
the excise and the due for entering such said wine shall 
be paid in current pay of this Collony to the respective 
Treasurer and office as aforesaid ; and out of the said 
excise of wine and lyckers the searchers appoynted to 



AND PROVIDENCE PLANTATIONS. 



253 



looke after such as come to any their respective townes or 1669, 
places, if they make search according to former orders, ^-*~v-*' 
shall have three pence in currant pay to each person for 
such sayd quantityes, as was formerly to be sixe pence in 
peage, sixe a penny ; and all others, the orders, fine 
penaltyesand forhtures made and sett by the authoritye of 
this Collonye, not contradicttory hearunto, shall stand and 
be in full force in that respect, any law or act made, done, 
or enacted by any other Court, towne or place in this ju- 
risdiction to the contrary notwithstanding ; and this order 
to take place and to be observed and put in vse from and 
after the first day of August next ensuing the date hearof, 
the date being published. 

Mr. William Harris having made friendly tenders of 
composing the difference betweene him and Edmund Cal- 
verlye, John ITorrod and others concearning, or otherwise 
at or near about a place called Misshantntacke, and the 
Court being wearied with the incessant clamours and com- 
plaint concerning the differance betweene Mr. William 
Harris and Edmund Galverlye, about the lands at j\Iis- 
shantatacke, alias Paquabacke, which have been occation 
to make a constant differance in most Courts and publicke 
transactiones of this Collony, to the great hazarding the 
priviledges thereof. It is therefore ordered and enacted 
by this present Assembly, and by the authority thereof 
declared, that if the said Mr. William Harris and Edmund 
Calverlye doe not joyntly, and vnder their hands in writ- 
ting, declare vnto Joseph Torrey, Gennerall Recorder, 
that the said difference is issued and ended by their mu- 
tuall agreement before the last day of September next, 
that then the said Gennerall Recorder shall, vpon his great 
perrill, give forth a writt of execution vnto the Gen'l Sar- 
gant, to serve against John Horrod or any others with him, 
keeping possession of the lands premised, or not delivering 
vp the same with cost and damage, in that case found by 
the jury and judgment therevpon entered at the Gennerall 
Court of Trialles held for this Collony at Newport, March 



mittee con 

cerning 
rates. 



254 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. the Sth, 1663 ; and this act to take place and bee in fall 

^-'-"^'^^^ force, any former or other act or acts had, done, or made, 

to the contrary hearof in any wise notwithstanding. 

Wee, whose names are hearvnder written, haveing pe- 
rfnircom- rased the resonlves, together with the bill annexed thereto 
of the Committee impowered in the year 1666, to make in- 
spection into the levie of six hundred pounds, made in the 
year 1664, for the defraying of the charges about the Char- 
ter, &c., doe hearby signifie our concurrence therewith, and 
humbly offer it to the present Assembly, to be of them 
ratified and confirmed ; and that the said Committee be 
still impowered to prosecute the same to the extent of their 
power, formerly committed A^ito them ; and in case there 
bee faylure for v/ant of execution, by reason of any default 
in the Gennerall Recorder, Gennerall Sargant, Sargants, 
or Constables of any towne or place, to which the levie 
belongs, that it be enacted by this present Assembly, that 
the said Recorder, Sargants or Constables, or either of 
them that shall be defective therein, shall be responsible 
for such same or sumes as should have so been levied by 
them ; and because it is pleaded that there are severall 
other debts due from the Collony to the towne of War- 
wick, and to severall other persones inhabitinge in the 
said Collony, it is alsoe humbly offered to this present 
Assembly as a thinge both reasonable and just, that it may 
be enacted that such demands may be audited, and their 
accoants being stated, there may be an effectuall course 
taken alsoe for the payment and discharging thereof, that 
justice taking place vpon all accounts, there may be no 
such coraplayning in our streets. 

JOHN CLARKE, 
WILLIAM HARRIS, 
JOHN BRIGGS. 

Which being presented and read, was approved. 
Whereas, it doth appeare to this present Court, that the 
acts of the Generall Assembly which sat in October last 



AND PROVIDENCE PLANTATIONS. 255 

are not, as yet, placed on record, nor the coppies thereof 1G69. 
sent to the severall townes under scale. It is therefore ^-«— v— *-' 
ordered, by this Court and by the authority thereof, that^^^^oj^^t^acts 
the present Recorder shall pass the former orders under '^''"^*''^- 
the scale of the Collony, distinct from this Assembly's 
acts, as alsoe the acts of this present Court to the severall 
townes. 

Ordered, that Mr. John Chirke be requested to write toJohnc;arkc 

to write to 

the inhabitants of the towne of Providence, to perswade ^'■°^"^''°''®- 
them to a peaceable composure of that vncomfortable dif- 
ference that is between them. 

Ordered by this Assembly, that if any letters come 
from Connecticutt to the Governor's hand that doth 
concerne the Collony, the Governor is ordered to open 
them. 

Ordered, that the Recorder shall have fifteene shillings 
from each towne for each coppie of this Court's pro- 
ceedings. 



Acts, Orders and Proceedings of I he Governor and Councill 
of His Majesti/s Collony of Rhode Island and Providence 
Plantations, held at Newport, May, 1669. 

Benedict Arnold, Governor. 

Mr. John Clarke, Deputy Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. William Harris, 

Mr. Peleg Sanford, Mr. Thomas Oluey, Jr., 

Mr. John Easton, Mr. William Baulston, 

Mr. William Carpenter, Mr. Joshua Coggeshall, 

Mr. Benjamin Smith, Mr. John Greene. 

At a meeting of the Governor and Councill at the towne 



loQ RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. of Newport, May 21, 1GG9, when were present the Gov- 

-•^-•^*^ crnor, Deputy Governor, Capt. Cranston, Mr. John Eas- 

ton, Mr. William Carpenter, Mr. Wm. Harris, Mr. Thos. 

Olney, Jun'r, Mr. Joshua Coggcshall, Mr. Benjamin 

Smith, Assistants. 

Mr. William Dyre, Secretary to the Councill, this day 
resigned vp unto the Councill the booke and papers 
which belonged vnto them, and also the scale. 

It is ordered, that the Couneill's scale, and the booke, 
and papers that belonged to the Councill, bee committed 
to the keeping of the Deputy Governor, untill further 
order. 

Ordered, that Mr. Jireh Bull bee added a conservator of 
the peace in the King's Province, with Mr. Samuell Wil- 
son at Petaquomscut ; and also that Mr. Richard Smith 
and Mr. Samuell Dyre, bee conservators of the peace at 
and about Narragansett and Acquidneesett, in the King's 
Province. 

Ordered, that the Governor shall engage the abovesaid 
persons specified, for conservators of the peace in the 
King's Province ; and also to give them their com- 
mission. 

Ordered, that the Generall Councill meet together at 
the towne of Newport the first Tuesday in every month, 
about eight of the clock in the morning, at the house of 
Captaine Morrice, to agitate, order and transact in the 
matters vnto them belonging. 

The Commission to the Conservators of the Peace in the 
King's Province. 

To all persons, to whom these presents shall come, 
greeting : Whereas, by virtue of the Charter given by 
his sacred Majesty, under the great seale of England, to 
this Collony of Rhode Island and Providence Plantations ; 
wee are chosen and engaged into the place and places of 
Governor, Deputy Governor and Assistants for the ad- 
ministration of justice throughout the said Collony, and by 



AND PROVIDENCE PLANTATIONS. 257 

a more particular commission vnder the hands and seales 1669. 
of his Mnjestys Hon. Commissioners, Sir Robert Carr, ^-i*--^-^*-' 
Kt., George Cartwright, Esq., and Samuell Maverick, 
Esq., wee are made and appointed Justices of the Peace 
for that part called and distinguished at present from the 
rest of the Collony by the name of the King's Province, 
the extent whereof containeth the Narragansett country, 
and more particularly as it may seeme or bee supposed, 
northerly vpon the south line of the towne of Warwick, 
from east to west, to the sea or bay commonly called Co- 
hessett Bay, and from thence round about to the south- 
ward and westward, confined to the salt water to the 
mouth of Pawcatuck, alias Narrogansett river, where the 
said river falleth into the sea, and soe vp northerly to the 
middle of a ford in the said river next about Thomas 
Shaw's house, and thence vpon a due north line extending 
towards the southerly line of his Majestys Collony of Mas- 
sachusetts, and vntill it come in latitude of the south line 
of Warwick, aforementioned ; the government of which 
said tract being committed to our more particular care anduiTiifng^" 
trust by virtue of his Majestys more especiall commands as 
abovesaid, to bee by vs ordered vntill his Majesty's plea- 
sure bee further knowne in that respect, even as we shall 
finde best for the peace and safety thereof. 

Know ye, that wee doe therefore, by these presents, 
for the more peaceable and well-governing of all his Maj- 
estys liege people there a,t present permitted to abide, or 
that are or shall bee there dwelling, sojourning or abiding, 
&c., nominate, constitute, ordaine and authorize Mr. John 
Crandall, and Mr. Tobias Saunders of Misquamacott, alias 
Westerly ; Mr. Samuell Wilson and Mr. Jireh Bull of 
Petaquamscut ; Mr. Richard Smith and Mr. Samuell 
Dyre of Narragansett, to bee, and jointly and severally to 
exercise the power and office of conservators of his Majes- 
tys peace throughout the tract of land aforesaid, called the 
King's Province, and lying within this tract of land granted 
by his Majesty in his gracious Letters Pattent vnto this 

VOL. II. 17 



Province. 



258 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. Collony, as abovesaid ; and wee doe alsoe give unto the 
'-*'"-^'^*»-^ aforenamed conservators, and to any three or more of 
them, power to keep courts for the hearmg and determin- 
ing controversies in matters actionall between party and 
party ; provided, the sum in controversy for debt or tres- 
pass, &c., exceed not forty shiUings, and such said mat- 
ters shall bee tryed by a jury of six men fitly qualified ac- 
cording to the law of this Collony ; who shall be chosen, 
two at Misquamacott or Westerly, two at Pettaquamscutt, 
and two at Narragansett or Acquedneesett, by the free 
inhabitants sent to the courts to attend that service, by a 
returne made vnder the hand of one (at least) of the re- 
spective conservators of the peace of that part or place 
where they are chosen ; if there bee a failure in choice, or 
in attending, that the court shall then make up such number 
for jurymen, from such as are att hand to bee had, to attend 
that service : always provided, if either party, plaintiff 'or 
defendant bee agrieved at the verdict in such case or cases 
given from time to time, hee or they may and shall have 
his or their appeale to the Generall Court of Tryalls held 
from time to time in his Majestys Collony of Rhode Island 
and Providence Plantations ; the said apealant or apeal- 
ants giving in bond or security, returnable to the Generall 
Recorder's office in the sum of four pounds sterling to 
prosecute his said appeale accordingly ; and any one or 
more of the conservators of the peace, before whome the 
case was heard, and by whome it was judged, shall take 
the said bond or security, and shall summons in the other 
party concerned in the case to answer the said appeale at 
the Generall Court afore intended, and shall, at least 
twenty dayes before such Court returne what is soe done 
therein unto the Generall Recorder's office as aforesaid, 
under the hand or hands of the said conservator or conser- 
vators that act therein as aforesaid. And furthermore, 
wee the justices above said, doe by these presents give 
power unto the aforesaid conservators, and to any one or 
more of them, to graunt and give out writts or attachments 



AND TROVIDENCE PLANTATIONS. 25*.* 

in any matters of greater concernments, in case the matter 1G69. 
requires haste for securing persons or goods of any in the ^— ^''"*-- 
said Province, and binding them to answer at the com- 
plaint at the Generall Court aforesaid, according to the 
directions, for the manner and time of legall processe, as 
in the laws established in this Collony is declared to bee 
used. And also the said conservators, or any one or more 
of them are hereby authorized to graunt, and as need re- 
quires to issue our warrants, either of hue and cry after 
dehnquents attempting to escape from justice ; and war- 
rants to apprehend any person or persons, offenders or 
breakers of the peace, &c. ; and to cause them to be 
brought before them the said conservators, or before any 
or either of them, to bee examined or to answer to com- 
plaints made against such offenders from time to time, 
xind if the said conservators or either of them see cause, 
they may binde over such to the next Generall Court of 
Tryalls, and to the peace or good abearing in the meane 
time, and where it shall appeare requisite, to cause the 
party or parties to find sufficient sureties for perform- 
ance ; as alsoe shall binde over the accusers or complayn- 
ors to prosecute or give in evidence accordingly. And 
when it shall happen that the crime laid to the charge of 
any person bee such as is not bailable by the law ; or in 
case any refuse to give bond or bayle in cases where bond 
or bayle may bee taken, then and in every such case, it 
shall bee lawfull for the said conservators or any one or 
more of them, to committ such party or parties to the Col- 
lony prison, and to binde over the accuser or complainor 
to prosecute or give evidence accordingly at the Generall 
Court or gaol delivery, where such prisoner or prisoner 
are to bee tryed as aforesayd. And hee or they the said 
conservator or conservators shall take all the examinations, 
complaints and evidences, and other proceeds thereupon 
in writing, and returne them at or before the Court where 
it is to bee tryed into the Generall Recorder's office as 
aforesaid. And to the end that all such writs, warrants 



260 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. or attachments may bee duly executed, wee doe hereby 
^»-^^*-' order and appoint, that the inhabitants of each respective 
place, that is to say, Narragansett or Acquedneesett, shall 
yearely, once in the yeare, elect and appoint one or two 
constables in each respective place, who shall bee engaged 
before one or both the respective conservators in that 
place, to the faithfull performance of their said office or 
offices aforesaid, as constable or constables in the said 
Province, to serve any writt, warrant or attachment, 
granted by any one or more of the aforenamed conserva- 
tors, or by any of us, his Majestys Justices of the Peace 
as above intended, to wit : the Governor, Deputy Gov- 
ernor, or any one or more of the Assistants for the time 
being of this his Majestys CoUony from time to time, or 
that shall come from the Generall Recorder's office for ar- 
resting or attaching any person or goods in that Province ; 
the said writts or attachments being directed to the Gen- 
erall Sargent, and by him assigned to bee served by any 
one of the respective constables aforepremised ; and in 
case the inhabitants faile to choose constables as aforesaid, 
or in case any soe chosen bee not at hand, or bee disabled 
by any accident to serve such warrant, writ or attach- 
ment ; then it shall be in the power and charge of any 
one or more of the conservators aforenamed to onlaine, 
appoint and authorize a speciall constable or constables in 
such case from time to time, either yearly, or as occasion 
requires, and shall engage the said constable or constables 
soe appointed, to the ftiithfull execution of their said office 
accordingly. iVnd further wee hereby require the afore- 
named Mr. John Crandall, Mr. Tobias Saunders, Mr. 
Samuell Wilson, Mr. Jireh Bull, Mr. Richard Smith, and 
Mr. Samuell Dyre, who are hereby nominated and ap- 
pointed conservators of the peace as abovesaid, to repaire 
unto the Governor, or in his absence, to the Deputy Gov- 
ernor, vpon timely notice to that end being given them, 
at or before the first Tuesday in July now next ensueing 
the date h^T'-'of; and before the said justices, or either of 



AND PROVIDENCE PLANTATIONS. 261 

them, to give their respective engagements to their said 16G0. 
offices, to ^Yhome wee freely give full power to req^uire, ^-*^-^*>- 
administer and receive the same ; and the same to 
bee done before any the conservators aforesaid shall 
putt in execution their respective office or power, by vir- 
tue of this commission ; as alsoe the constables are as 
aforesaid to give their engagements before any one or more 
of the said conservators that are so engaged, to whome 
wee give full power to require, administer and receive the 
same ; and furthermore, wee doe by these presents give 
power to the said conservators, and to any four or five 
of them, to appoint and order, settle and declare the cer- 
taine time or times, place or places for the sitting of the 
courts before mentioned, for the tryall of all such case or 
cases, not exceeding forty shillings in any one case as be- 
fore premised, that soe the writts may have respect to 
such court or courts from time to time, and the plaintiff 
and defendant have notice thereof according as is used in 
this his Majestys Collony in matters of the like nature ; 
and to cause publication to be made of the same their or- 
ders, to the inhabitants of each respective place in their 
meetings, being assembled by warrant from the respective 
conservators, or any one of them, and notice given by the 
Constable accordingly. And furthermore, the aforesaid 
conservators or major part of them, have by these presents 
full power given them to nominate and appoint any one of 
themselves or any other person fitly qualified, and by them 
or major part of them engaged to that office to be their 
Gierke or Recorder, and to keepe true records of their 
transactions in courts, or what else shall bee found requi- 
site to bee kept on record of their publick transactions of 
that nature ; and alsoe to make returne of such proceeds 
as may bee requisite as abovesaid, to bee returned into 
the Generall Recorder's office. 

And furthermore, it is to bee observed, that each per- 
son in the said Province, is to enjoy the ffree exercise of 
his conscience in religious worship, as by the Charter is 



262 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. allowed to the whole Gollony. And farther it is ordered, 
-^~^'^'*-' that each person residhig in the said Province, aged six- 
teene yeares or upwards, that hath not yet given his en- 
gagement of allegiance unto his Majesty, shall be required 
to give the same before any of the engaged conservators 
aforesaid, who shall make returne of their names to the 
Generall Recorders's office ; that soe they that are ffree- 
men may enjoy their privileges accordingly. And further 
wee doe order, that either of the said conservators war- 
rants shall bee of full force throughout every part of the 
said Province, to all intents premised ; allways reserving 
and hereby ordering and declaring that any and every 
writ or warrant, originall or judiciall, issued out by any of 
the Justices of the Peace or Generall Recorder, either to 
the Generall Sargant or other officer, shall bee obeyed and 
take place in and throughout the said Province to all in- 
tents as well as in any other parts of this CoUony. And 
further it is hereby declared, that the first conservator in 
nomination of each respective place beforenamed in the said 
Province, shall sit as Coroner when occasion shall require, 
to inquire by a jury of twelve men, engaged to that purpose, 
concerning the casuall or violent death of any of his Maj- 
esty's subjects within any the said respective places, that 
soe a true accompt may be made thereupon to the Re- 
corder's office, as in other matters. And for the better 
minding and observing the particulars herein expressed, it 
is ordered, that there bee three of this same tenor and date 
drawne vp, and the Councill's scale affixed to each of 
them ; the one whereof to bee for the vse of Mr. John 
Crandall and Mr, Tobias Saunders, one for jMr. Samuell 
Wilson and Mr. Jireh Bull, and the other for jMr. Richard 
Smith and Mr. Samuell Dyre ; and this order, commis- 
sion and directions to bee in force, any former order not- 
withstanding ; and soe to bee and remaine untill his Maj- 
estys pleasure bee further knowne, or the Councill that it 
now, or that for the time being hereafter shall bee, doe 
take further order herein. Signed and given by the 



AND PROVIDENCE PLANTATIONS. 26^ 

Councill's order, being mett at Newport, the one and 1669. 
twentieth day of May, in the one and twentieth yeare of'-""''-^-^^ 
our sovereign Lord, Charles the Second, King of England, 
&c.. Anno Domini, 1669. 



A meeting of the Governor and Councill held at Nev)- 

port, July 12th, 1669, to consider of Letters lately 

received from the Governor of Nevj Yorke, which much 
concern the peace and safety of the Collony. 

It is ordered, that there bee a meetino; of the Generall order for 

" the meeting 

Councill of the Colony, on Tuesday, the 20th of this ;;[^f « f^;.''- 
instant month, att the house of Capt. Richard Morrice, in' 
Newport, and the Governor is desired to giue notice there- 
of to the Magistrates of the other townes that they meet 
at time and place aboue expressed. 

Whereas, complaints hath been made, that Ninicraft, 
the Indian Sachem, doth detaine six Indians servants [be- 
longing] vnto Mr. Thomas Torrey, of Block Island : 

It is ordered, that the said Ninecraft bee sent vnto, to 
require him to deliver them vp forthwith, and the Gov- 
ernor is hereby desired to write vnto Mr. Richard Smith, 
or some other of the Conservators of his Majesties peace 
in the King's Province, to desire them to give the said 
Sachem notice of this Order. 



cill 



Letter from Francis Lovelace, Governor of New York, to 
the Governor of Rhode Island. 

Sir : This opportunity presenting, I was willing to give 
"you notice of the apprehension some persons at that east 
end of Long Island, have of commotions like to arise by 
their Indians and yours of the Narraganset, sett on by 
their Sachem Ninecraft, against the English. A copy of 
some passages in a letter sent expresse from thence to 



264 RECORDS OF THE COLONY OF RHODE ISL.Us^D, 

1669. iiiee, I hereinclosed send you. For my part, I canu not 
'---»-v-'*i^ thinke them in a condition strong enough to make any 
such bould attempt, whatsoever their will may bee ; how- 
ever, its good to bee circumspect, and to prouide against 
the worst. I shall desire you v\'ould make enquiry into 
the matter, and send mee your opinion of it by the first. 
It seems Ninecraft hath beene an old enemy to the Eng- 
lish, so to bee suspected. Mr. Thomas Ferry, of Block 
Island, informs mee that hee hath had six Indyans ser- 
vants run away from him, which Ninecraft protects and 
keepes, though none of his Indians. I thinke you may do 
well to admonish him of it, and that hee ought not to doe 
the least injury to the English, under whose protection he 
lines, without giving satisfaction for it. It may be by 
his answer, you may judge of his intent. I have not fur- 
ther, but to desire a neighbourly and friendly correspond- 
ence between us, which shall be cherished upon all occa- 
sions, by 

Your affectionate friend and servant, 

FRANCIS LOVELACE. 
New Yorke, this 5th July, 1669.* 
To Mr. Benedict Arnold, Governor of Rhode Island. 



At a meeting of the Governor, Deputy Governor and As- 
sistants, at Newport, Tuesday, July 20th, 1669. 



Warrant to 
apprehend 
Ninecraft. 



It is ordered, that forthwith a warrant bee issued out, 
directed to the Generall Sargant of this Colony to appre- 
hend the body of the Indian Sachem called Ninicraft, 
and to bring him speedily before the Governor and Coun- 
cill, at Newport, to answer such matters as shall be ob- 
jected against him, touching a plot or combination among 
the Indians to cut of the English, of which there is infor- 
mation from divere parts of the country, viz. : New Yorke 



From the archives of the State of New York. 



AND PROVIDENCE PLANTATIONS. 265 

and Conecticot, of which plott, the said Sacnem is said to 1659. 
bee a chiefe contrivor, and that the said warrant bee '-*'"^^^'"*^ 
placed on record. 

To James Eogers, Generall Sargent for his Majesties 
Colony of Rhode Island and Proyidence Planta- 
tions, &c. : 

You are heerby, in his ]*Jajesty's name required to ap- 
prehend the body of the Indian Sachem, called Nenicraft, 
residing at or about Nahanticut, in the King's Province, 
w^ithin the jurisdiction of this Colony, and to bring him 
before the Governor and Councill at Newport, on Thursday 
next, at eight of the clock in the morning, then and there 
to answer such matters as shall bee objected against him 
touching a plott or combination among the Indians to cut 
of the English ; you are alsoe heerby impowered to re- 
quire the assistance of a boate and two men for your 
transportation ; and alsoe two men and three horses in the 
King's Province, aforesaid, to bee assistant to you in the 
execution of this warrant. 

Given under our hands at Newport, in the said Colony, 
July the 20th, 1669. 

BENEDICT ARNOLD, Governor, 
JOHN CLARKE, Dep'y Gov'r, 
JOHN CRANSTON, Assistant, 
PELEG SANFORD, 
WM. HARRIS, 
BENJAMIN SMITH, 

It is ordered, that the Generall Councill meet on Thurs- 
day next, at eight of the clock in the morning, at Capt. 
Morrice's house, at Newport. 



266 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. 

At a 7neding of the Governor and Councill, at Neioport, 
Thursday, July 22, 1669. 

Whereas, by reason of the extremity of the weather, 
uon°onhT"the warrant issued forth by the Governor and Assistants, 
pfeS' *^' on the 20th instant, to apprehend the Indian Sachem 

Nenecraft. . ^ ^ . . 

called Ninicraft, is not yet executed, it is ordered, that 
the said warrant bee renewed ; and that the Generall Sar- 
gant bee required to apprehend the said Sachem, and to 
bring him before the Governor and Councill, on Saturday 
next in the morning, or as soon as possibly hee can ; and 
that the said order to the Generall Serjant bee placed to 
record. 

Whereas, by reason of extremity of weather, this war- 
rant is not yet executed, it is ordered by the Governor 
and Councill, that it bee and reinaine in full force, and 
is heerby renewed, and the Serjeant is required to bring 
the said Sachem before the Governor and Councill, on 
Saturday next, in the morning, or as soon as possibly hee 
can ; at the place abouesaid. 

Given under our hands, this 22d of July, 1669. 

BENEDICT ARNOLD, Governor, 
JOHN CLARKE, Dep'y Gov'r, 
WM. BAULSTON, Assistant, 
JOHN CRANSTON, " 
PELEG SANFORD, " 
JOHN E ASTON, 
WM. HARRIS, 
BENJAMIN SMITH, " 

Richard Baily, chosen Secretary to the Councill, and 
engaged. 

Ordered, that the Governor bee desired to draw vp a 
a letter to bee sent to the Governor of Plymoth. 



AND PROVIDENCE PLANTATIONS. 



Letter from the Governor of the Colony of New Phjinoitth. 

Sir : These coming in safety to your htinds, will in- 
forme you that whereas, wee haue had information of a plot 
of the Indians to cut of the English, which wee doubt not 
but you haue alsoe had the full report of; and wee hauc- 
ing Ysed indcavors to search out the thing, haue sent some 
discreet persons ouer too see if they could find Nenecrafts 
temper at this juncture ; and in examination they received 
indifferent answears by way of excusing himselfe, and de- 
nying any knowledge of such a plot ; only when hee was 
asked why and to what end, seauen of Phillip the Sa- 
chems ancient men had been with him the said Nenecraft 
for nine or ten days, then together ; some of them being 
of Phillips's Gouncill hee gaue noe sattisfactory answear to 
that point, but put it of with a laugh, and very slight re- 
turne which gives vs some further cause of suspicion ; 
and therefore haue sent for him to be examined before vs, 
and dealt with as wee may finde cause therevpon ; and 
doe represent thus much to your seines, that you may if 
you thinke fitt, question Phillip of Mount Hope, vpon the 
premises. And whereas. Major Mason writes that it is 
too apparent there is a plot contriving or contrived be- 
tween the ffrench and almost all the Indians in the coun- 
try ; it doth the more allarum vs, to take notice of it, 
seeing such an eminent person doth soe represent it ; and 
doe intreate if any thing appeare to your selues, you will 
bee pleased to communicate it to, (Sir), 

Your affectionate friends and servants, 

RICHARD BAILY, Secretary. 

In the name and by the order of the Governor and 
Councill of the Colony of Rhode Island and Provi- 
dence Plantations. 
To the worshipfuU Thomas Prince, Esq., Governor of 

New Plymoth Colony. These with speede and trust, 

for his Majesties speciall service. 
Newport, July 22, 1669. 




268 REcoRrs of the colony of rhode island, 

1669. It is ordGretl, that the Letter drawne vp, bee sent to the 
'^-"^^'-'"^ Grorernor of New Plymouth. 
ncers'It""' Whereas, Mr. William Baulston, Generall Assistant, 

Portsmouth 

hath informed the Governor and Councill that there are 
noe military officers chosen for the towne of Portsmouth, 
by reason- of the decease of the late Captain before the 
yeare expired, the Councill doe agree to take it into con- 
sideration at their next meeting. 

The Councill adjourned till Satterday next at eight of 
the clock in the morning. 

Sahirday, July 2it]i, 1669, in the morning. 
The Governor and Deputy Governor and Mr. WilUam 
Harris, being mett according to the adjournment of the 
22 d instant, and noe more of the Councill appearing, the 
Councill is adjourned till one of the clock in the after- 
noon. 

Saturday, July the 2ith, 1669, in the afternoon. 
The Governor, Deputy Governor, Cnpt. Cranston, 
^ubs"ribed^' ^^^P*^- Peleg Sanford and Mr. William Harris, being mett 
cai^eriy. according to the adjournment in the morning, Mr. Peleg 
Sanford delivered a letter to the Governor to bee commu- 
nicated to the Councill, dated July 20th, 1669, subscribed 
Edmund Calverly, which being read, Mr. Harris desired 
a coppy thereof, which was granted ; provided, hee would 
leave a coppy of his proposalls vnto which the said letter 
seems to refer ; which hee did accordingly. And two 
other papers relateing thereto, the one subscribed Ed- 
mund Calverly, dated 2d day of July, 1669, the other 
subscribed William Harris, dated the 4th of July, 
1669. 

The Governor and Councill, thinking it needfull that 
An order to souic ccrtainc place bee appointed to entertaine the Sa- 
ter^^anto' chem Ninicraft, when the Serieant shall bring him over, 

entertaine ^ "^ D ' 

Ninecraft. it Is therefore ordered, that the said Sachem and two of 
his followers, shall bee entertained with victualls and 
lodging, by Thomas Watterman, of Newport, for two or 



AND PROVIDENCE PLANTATIONS. 



269 



three days at the most ; and that the charge shall bee 
paid to the said Thomas Watterman out of the Generall 1G69, 
Treasury ; and a coppy of this order shall bee the Ser- 
jeant's warrant in that behalf. 

Mr. Joshuah Coggeshall is to haue notice from the Sec- 
retary, that the Councill are to meet on Monday next, at 
one of the clock, and hee is desired to attend, and to glue 
Mr. Baulston notice thereof, who is desired to bee there 
alsoe. 

The Councill adjourned till Monday next, at one of the 
clock, in the afternoone. 

Att a meeting at Neivport, on Monday, Jiilij 2G//z, 1G69. 

The Generall Serjeant haueing nott as yett brought 
over the Sachem Ninicraft, the Councill is adjourned till 
to morrow, being Tuesday, at one of the clock in the af- 
ternoone. 

Att a meeting att Newport, July 27th, 1669. 
The Generall Serjeant haueing not as yet brought over 
the Sachem Nenecraft, and the Councill not being full, 
soe as to proceed to other matters that are before them, 
the Councill is adjourned till to morrow six of the clock in 
the morning. 

Att a meeting of the Generall CoundU, viz. : the Governor, applavance 
Deputy Governor, Capt. Cranston, Capt. Sanford, ilir. counciil!^ 
John Easton, Mr. Wm. Harris and Mr. Joshua Cogges- 
hall, at Newport, July 2Sth, 1669. 
The Sachem Nenecraft being brought before the Coun- 
cill, the Governor did require his interpreter to tell him, 
the said Sachem, that there was information to the Gov- 
ernor heer, from the Governor of New Yorke and Connec- 
ticott, and alsoe from Major Mason, that the said Sachem 
was contriueing to cut of all the English ; and that hee, 
the said Ninicraft, had reported hee would draw as many 
Indians as hee could into the combination. 



270 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G61J. To which the said Sachem replyed, hee desired to know 
-^-^.^-*^ who it was that did first raise such a report of him. 

The Governor ordered his interpreter to tell him, that it 
was an Indian of Long Island that did soe report to the 
Englishmen at Southhold or thereabouts, as the Governor 
of New Yorke did intimate ; but that the matter was not 
soe much who it was that did report it ; but the Governor 
and Councill, did expect to heare Avhat hee could say for 
himseife, as to the matter laid to his charge, whither it 
were soe, as it is reported, or not. 

To which the said Sachem replied (by his interpreter), 
that the wondered there should bee any such report raised, 
considering his owne innocency, and that ever since himseife 
heard the words by the Commissioners, spoken as from 
King Charles his mouth, and hath since laid it vp in his 
heart that the King did looke vpon himseife and Suc- 
quansh and their Indians as his subjects, together with the 
English ; and said hee vnderstood that the English of this 
Colony were to help them, if any should bee too mighty 
for them, and they to doe the like to the English if any 
should invade or make war vpon the Colony. To the 
other part, hee replyed that since you cannot informe mee 
who raised this report, I will tell you who it was ; it was 
one NonaconapooQog ; the reason why hee did it w^as this, 
that in their former warr with the Long Island Indians, 
they haueing taken the daughter of the Sachem of Long 
Island with divers more vpon condition that hee released his 
daughter, that the said Sachem did submit himseife vnto 
him, and engaged to pay him yearly tribute, even as the 
Pequits did the like, who paid tribute to the English, be- 
ino^ overcome of them ; that the said Sachem and his 
daughter being dead, the tribute hath not been paid for 
some yeares ; but lately the Long Island Indians sent him 
' as an acknowledgment by way of tribute fine pounds in 
peague, at the account of six white peague per penny, 
with a promise that they would bee subject vnto him 
for the future ; and that alsoe at the same time they sent 



AKD PROVIDENCE PLANTATIONS. 271 

him as a present, the barreli of the deceased Sachem's 1669. 
gun without either lock or stock to it, and that these -^-^v-^i*^ 
presents and messages were sent vnto hiui by an Indian 
called Manecopungun ; who alsoe coming to him a second 
time vpon th« same message, the Sachem told him that 
hee did forgiue them all their offences, and eraue them 
their lines alsoe, and would looke vpon them as his friends 
and subjects ; and that now hee w^as makeing a great 
dance, and if they would, they might send some w^onien, 
and some ancient men to see it and to bee partakers there- 
of; and that now hee is informed that Nonaconapoonog is 
forsaken of all his kindred, and is in a very sad condition, 
laying his hand over his face ; and that the said Nonaco- 
napoonog's friends say vnto him, it is justly befallen him for 
the lyes hee hath made, and for his disturbing the coun- 
try ; and Ninicraft in his present dance, alsoe telling him 
that now his condition was such, there was noe place left 
where hee might goe to secure himselfe, for that all peo- 
ple that did heareof his baseness would hate him, and 
that hee desired to dye. 

The Governor bid his interpreter signifie to him that 
the Governor of New York w^as informed hee did detaine 
English men's servants, and that hee kept six servants be- 
longing to a man of Block Island, although ]\Ir. Brenton, 
the late Governor, had sent twice to him to deliver them 
vp, and the present Governor once ; and that hee would 
not deliver them ; and therefore, notwithstanding his af- 
firmation, yet it did not seeme that hee had such regard 
as hee said hee had to the King's words. 

To which hee replyed that hee had had a great deal of 
trouble about these servants, and that hee did receive an 
order about them from Mr. Brenton in the winter time, 
when the snow was knee deep ; and that then hee did 
send out to [looke, but could not finde them, and that hee 
did order them oftentimes to return to their master ; but 
they did run away, some to Connecticott, and some to the 
Massachusetts. That Thomas Torrey had done very badly 



272 RECORCS OF THE COLONY OF RHODE ISLAND, 

1669. with liim in the business, and caused him a greate deale 
■--'='"^^'^'*^ of trouble ; that once an ohl man, one of his Indians, did 
coraphiin to him that Thomas Torrey had taken two chil- 
dren out of his house by force, which were now growne 
young men, and were two of the six that Thomas Torrey 
did now demand ; and that bee did advise the said Indian 
to complaine to the Governor against him ; that bee 
might heare them both ; farther, bee saith that yesterday 
bee met one of the four Indians that w^ere brought to 
Thomas Torrey vpon Quononicutt, and did intend to haue 
brought him over with him, and did bring him some part of 
the way ; but hee rim from him, and that bee would haue 
had the English there to haue gott on horseback and rid 
after him, but they said it was noe matter, Hee alsoe 
said if Thomas Torrey had not intended to haue taken 
away ni}^ life, hee might as well haue informed you that I 
being at a dance on Block Island about three or four 
yeares since, I seeing a servant of his there, sent him 
home to him, to his house ; but the next morning the said 
servant came again, and I sent him to his house againe ; 
and hee returning, I sent hiin back again the third time. 
This I believe he did not acquaint you with, although 
there are severall witnesses that can testifie to the truth 
thereof. 

The Governor bid his interpreter to ask him, if there 
were noe plot among the Indians, what did seuen of Phil- 
lip, the Sachem of Mount Hope's ancient men doe with 
him ten days together. 

Ilee says hee sent for two Indians named Cajav/ottore, a 
Narragansett Indian, that now lines atPocasset, and Nat- 
tawhahore, formerly a Cononicut Indian, now at Pocasset, 
because hee knew they were formerly his Indians, and had 
skill to bark cedar trees and to make bark houses, which 
his men had not good skill in, and that they had gott the 
barks, but being disturbed by these troubles had not vsed 
them. 

And that another Indian named Pumechecamuck, a bold 



AND rROVIDENCE PLANTATIONS. 273 

fellow, that liued formerly on Rhode Island, now aboue 1669. 
Puncatasett, came to complain to him against one of his ^-^'~^'''^-' 
Indians, that had taken a white blankett from him and 
spent it in drink ; and that two young men came with 
him to see the dance ; and alsoe saith that there was 
never a ]Mount Hope Indian there ; but that Phillip did send 
to Cocumscusett for an old man to teach or informe his men 
in a certaine dance, and hee wonders that it is not taken 
for a plot. 

Hee being demanded what was the reason of this great 
dance, replyed ; it is knowne to you it is noe vnusuall 
thing for vs soe to doe ; but that it is often vsed from the 
tim.e after the weeding of our corne till such time as wee 
doe eat of it ; and farther said it was a kind of invocation 
vsed among them, that they might haue a plentifull harvest. 

The Governor did further advise him that if the Long 
Island Indians would pay him his tribute freely, it would 
bee well ; but if they should refuse, and hee should goe 
to take any thing from them by force, it would bee as 
much as his life was worth ; it being under the govern- 
ment of New Yorke ; which advice hee ingaged to follow 
and obserue, as hee had allready done in the time of Gov- 
ernor Mcolls. 

The Councill adjourned till four of the clock in the af- 
ternoon, to give way for the Quarter Meeting. 

The Governor and Councill hauing been long in the order fo. 

"-• ° another ap- 

consideration of the weighty affaires relateing to the sev- ij^':*;^^^*'^ 
erall feares and jealousies of the neighbor Colonies, as to 
the plot of the Indians against the English, and haueing 
allready spent much time and paines in the examination 
of Ninicraft, yet being desirous of all farther information 
that may bee, haue therefore ordered, that hee shall ap- 
peare before the Governor and Councill on the last 
Wednesday in August next, at Newport, or sooner if any- 
thing shall bee objected against him ; and that notice 
heerof bee sent vnto the Honored the Governor of New 
Yorke and Conecticot, signifying vnto them, that the said 
VOL. ir. 18 



274 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. Sachem hath been examined, and the tune and phice ap- 
--^~^''""*-' pohited for his appearance, that soe if any thing can bee 
laid to his charge in this behalfe, hee may then bee fur- 
ther examined and brought to answer at the next Generall 
Court of Tryalls, to bee hekl for the Colony, by due pro- 
cess of law. 

The Sachem Ninicraft being made acquainted with this 
order, hath ingaged that hee will appeare at the time and 
place aboue expressed. 

The Governor is desired by the Councill to draw vp 
the letters to the said Governors of New Yorke and 
Conecticott. 

The Councill adjourned to the last Wednesday in Au- 
gust next. 

The Letter to the Governor and Councitl of Connecticott, 
dated July 2Sth, 1669. 

Honored and beloved Gent. : Yours of the 8th instant 
Leitei to the coming to the Governor's hand the 17th of the same, hath 

Governor 

and Councill been communicated vnto vs : and wee haue therein ob- 

of Conecti- ^ 

'"'^- serued your loving expressions and prudent care of the 

peace and safety of the country ; hauing receiued a letter 
before yours came to hand, of like intimations from the Hon- 
orable Coll. Lovelace, Governor of New Yorke, and had 
thereA'pon sent some discreet persons to Nenecraft to ex- 
amine him and to obserue his behaviour and temper : as 
alsoe hee had been sent for by the Conservators of the 
Peace by vs appointed at Misquamacock ; and had been 
by them examined concerning the reports of a plot in 
which he was charged to bee chief in contriueing to cut of 
the English ; in both which examinations hee vtterly de- 
nyed any knowledg of such a plot ; affirming hee was soe 
farr from haueing any intercourse with the ffrench, that hee 
knew not in what part of the earth they lined, and that 
hee had quarrells with the Mosquaugsett. And gave faire 
and reasonable answers, to the particulars charged against 
him^ as both the one and the others, that at the several 



AND PROVIDENCE PLANTATIONS. 



!75 



times and places aforesaid had examined liim did affirm. 16G9. 
Only in one particular, that those wee sent asked him a '"**"'''"*' 
reason of, which was to what end some of the auntient 
Indians, belonging to Phillip, the Sachem of Mount 
Hope, had been with him nine or ten dayes then togeth- 
er ; his answer was not sattisfactorey ; they vnderstand- 
ing that hee said they came for cedar bark to cover 
wigwams, which they thought was very vnlikely ; they 
haueing greater store thereof at home ; this passage com- 
ing together with your letters, to our view, and more par- 
ticularly haueing the pervsall of some lines written by 
Majour Mason concerning the plott against the English, 
by the ffrench and allmost all the Indians in the country, 
wherein hee vseth these expressions, viz.: the truth is, 
this matter has been acting this two or three yeares (tis 
too apparent), soe that its high time to wake out of our 
security, and to bee vp and doing, &c. This passage 
coming from soe eminent a person, gaue vs grounds of 
further suspition ; and thereupon resolued to send for 
Nenecraft, to come before the Councill here at Newport, 
to bee more strictly examined concerning the premises ; 
and to that end gaue out our warrant to the Sheriffe to 
fetch him in, who accordingly brought and presented him 
here before vs this present day ; and hee hath beene ex- 
amined vpon the severall particulars charged against him 
by the Long Island Indian accusers. Hee gaue answer to 
divers particular [questions] , according to the answars hee 
had giuen in his abouementioned examinations ; and hee 
haueing the help of such, as better vnderstand the Indian 
language than the former messengers, found out the mistake 
in that passage of the Indians that were with him ; for 
hee said they had bin gathering bark for him to cover a 
new wigwaum ; and that they being formerly his men, 
and skilled in that work, and being removed into 
some parts of Phillip's precincts, hee sent for them, being 
two, and named Cajawattoe and Nattawhahoe, to come 
and help him in that business of barking cedar trees, and 



576 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. that they hacld one accordingly ; though hee hath bene soe 
-*'^-^'*-^ disturbed by the hite examinations, that hee hath not yet 
made vse of them. S ^e that point is cleared, and the mis- 
take arose by misvnderstanding his speech. And farther 
hee saith there came one more of the Indians of the parts 
aforesaid, a bald pated fellow, that's named Pumechoco- 
muck at some time to complaine that one of his the said 
Nimcraft's men, had taken a white blankett from him and 
spent it in drinke ; as alsoe with the aforesaid came two 
young fellows to see his dance, as vsually the Indians 
doe, and said the aforesaid were all that came from the 
parts abouementioned, and vpon noe other occasions than 
as aforesaid. As to his being charged to haue received 
two or three hundred fathoms of peague of jNIeontaskett 
Indians, from Long Island, hee saith it is as to the quan- 
tity, a most false report. Only doth acknowledge that 
the Sachem of those Indians being dead, and being for- 
merly tributary to him the said Nenecraft, they sent over 
to desire hee would bee friendly to them, and pass by their 
neglect of paying tribute these late yeares, promising to 
pay for time to come from time to time ; and for a token 
of their reality sent one of their chiefe men named Moni- 
gapungan to intercede for them, and by him sent twenty 
fathom of peague, or the value of fine pound, according to 
the white peagues to the penny ; and a barrell of .a small 
gun, without lock or stock, being a relique of their de- 
ceased sachems ; and that vpon the receit of the promises 
hee pardoned their past neglect, they promising amend- 
ment for the future, and soe dismissed them ; and that this 
is all that hath been transacted. Vpon which hee saith his 
malicious enemies amongst the Indians, haue tooke occa- 
sion to raise such horrible lyes against him ; and dodi 
confidently avouch his owne innocency, as not intending 
any the least hurt to any of the English; but looks on 
himselfe as a subject to the King of England, whose com- 
mands delivered him by his Majesties Commissioners to 
bee faithfull to all his Majesties subjects in these parts of 



AND PROVIDENCE PLANTATIONS. 277 

the world, are rooted in his heart, and shall be carefully 1669. 
observed while hee Hues; and hopeth hee shall as was '-*"^'^**' 
promised him, receive noe wrong from the English ; but 
helpe in case hee bee oppressed by his enemies. And as 
to his present making a great dance, hee answered it was 
knowne to vs, that it was noe vnusuall practice ; it being 
their manner of invocation in the time of the growing of 
their come, vntill it was neere riped, that they might re- 
ceive a plentiful! harvest ; and saith hee hath noe other 
uesigne in it, &c. And thus haueing in many expressions 
(too large to incert heere), endeavoured to cleere himselfe, 
wee saw noe just grounds of jealousie as to his intentions ; 
yet, considering the English are soe sencible as it seemes 
in other parts, of some plott, and especially seeing Mnjor 
Mason's confidence thereof, wee haue appointed to exam- 
ine him againe, concerning the premises, vpon the last 
Wednesday in August now next ensuing, and haue re- 
solued then, to meete againe heere, at Newport. And 
thought good hereby to giue you notice thereof, to the 
end, that if any evidence appeare to your selues, that may 
help to make out the charge against him the said Nene- 
craft, you may, in such way as you thinke most eifectuall, 
communicate the same, at or before that time vnto vs, 
that soe wee may bee enabled to discover the truth of the 
matter, and accordingly proceed ; ffor if wee see grounds 
to thinke him guilty, wee shall take a due course of law 
(seeing hee is living within our jurisdiction), to prosecute 
him at our Generall Court of Tryalls, held at Newport, in 
October next ; at which time and place, any that can giue 
evidence against him shall bee heard, and judgment passed 
therevpon. And further, wee haue determined that al- 
though the said last Wednesday in August, shall stand for 
a fixed time for his further examination abouesaid ; yet 
alsoe, if in the meane time any thing appeare by way of 
information of present danger, wee shall not bee wanting 
to search out the matter by examination, and other fitting 
meanes, that may conduce to the peace and safety of the 



278 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. country ; from time to time haueing allready taken much 
^--•^v^*-' paines, and spent much time to that end and purpose. 
Wee being in as great or greater danger than most others' 
are in case of their rising and resohition to doe mischiefe. 
And thus much wee think it our duty to informe you of, 
beeing our honored and beloued countrymen, withall re- 
turning our hearty thanks for your loueing intimations to 
vs, which could not bee more cordially presented than they 
are candidly accepted by vs, 

Postscript. Honored Gentlemen : Wee haue ordered a 
letter to bee sent presently to New Yorke, to the Hon- 
orable Governor there, much to the same effect by way of 
information, as this is to your selues, with desire of infor- 
mation, thence valete. 

Your very loving friends and neighbours, 
the Governor and Councill of his Maj- 
esties Colony of Rhode Island and 
Providence Plantations, &c. Signed 
by RICHARD BAILY, Secretary, 

in the name and by order of 
the said Councill. 
These, to the right worshipfull John Winthrop, 
Esq., Governor of his Majesties Colony of Co- 
necticott, to bee communicated to the Councill 
of the said Colony. Present with trust and 
speed, for his Majesties speciall service. 
The severall proceedings of the Councill from the 12th 
of July, 1669, to this place, hath been compared 
with the originall papers, and found true, as 

Attests, JOHN CLARKE. 

Governor Lovelace of Neiv York to the Governor of Rhode 
Island. 

For the honorable Mr. Bcuodict ArnolLl, GoverBor, &c., of Ehode 
Island. These : 

Sir : I received your letter of the 29tli of July, 16G9. in answer tomyne, for 
y.-hich I must render you my most particular thaukes for those ciiullties you 



AND PROVIDENCE PLANTATIONS. 279 

were pleased to afford me in jour (Veindly expressions ; next I cannot but liindly 1569. 
resent that care you haue showne in setling the myndes of some ouer credulous ^ 

persons amongst us (who being possest with apanickfeare), were apt to enter. 
taine very melanchoUy thoughts according as they were instilled by the intel- 
ligence and informations of some fond Indians to the great disturbance of the 
publique peace ; and by it animating the heathens, who taking courage from 
our feare, might be apt to breake forth into extravagances not to be redrest 
without a warre, and all the miseryes attending it ; but those apprehensions 
are now vanisht, and mens myndes by the reason of your excellent lettre well 
pacified and settled, neither do I believe they will too hastily againe giue credence 
to the information of a faithlesse and false generation. All that I shall fur- 
ther add and heartily desire for the future is, that this friendly and neighbourly 
correspondence which by this occasion hath had its first rise may by the same 
zeale and kiudnesse be continued, to which we are not only obligated by the 
common tyes of xpianity, but common safety and the happinesse promised to 
all brethren living in love and unity together, which as none shall be ready to 
cherish it more than my solfe. As to the general!, I shall not be wanting to 
embrace all occasions to demonstrate the sincere service I have to your par. 
ticular in the compellation of 

Your affectionate friend and servant, 

FRAN. LOUELACE. 

Fort James, in New Yorlce, Aug. 24th, 16G9. 

Sir : Upon the apprehension of three fugitive souldiers, but since voluntari- 
ly returned, I am to "request of you if any such suspitious persons for the fu. 
ture ariue [in] your parts from hence and bring no passes, that you cause them 
to be apprehended, and be pleased to giue me advertisement of it. 

Wednesday, August 18/A, 1669, in the forenoom. 
The Governor, Deputy Governor and Mr. John Easton, Th? Indian 

. , Sawagonet 

being mett at Newport, according to the appointment of 
the Governor, Deputy Governor and Assistants of New- 
port, for assembling the Generall Councill vpon an extra- 
ordinary occasion, relateing toan Indian named Shawaw- 
gonoush, who refused to obey a warrant from the Governor, 
Deputy Governor, Capt. Cranston and Mr. Peleg Sanford, 
to answar certaine complaints, made against him. 

The Generall Assistants of the other townes not being 
present, the Councill is adjourned till to morrow morning, 
eight of the clock. 

Thursday, August 19th, 1669. 
Att a meeting of the Generall Councill, the Governor, 
Deputy Governor, Capt. Cranston, Mr. Peleg Sanford, 
Mr. John Easton, Mr. William Carpenter, Mr. William, 



280 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. Harris, Mr. William Baulston and ^h. Benjamin Smith, 
--""'^^^■'^^ being present. 

The examination of Mr. John Bach, concerning the 
broyle between the English, and one Shawgonett and other 
Indians, was taken in CouncilL 

The Councill adjourned till halfe an houre after one of 
the clock, 

Thursdaij, August 19/A, 1669, in the aftenioone. 

Att a meeting of the Clcnerall Councill, there being 
present the Governor, Deputy Governor, Capt. Cranston, 
Mr. Peleg Sanford, Mr. John Easton, Mr. William Car- 
penter, Mr. William Harris Mr. William Baulston, Mr. 
Benjamin Smith, and Mr. John Greene. 

The Councill haueing spent much time and paines, in 
the consideration of the present affaire, and haueing the 
peace of the Colony before them, in a very high respect, 
and considering that Nenecraft is engaged to appeare be- 
fore the Councill on Wednesday next, at Newport, it is 
further ordered, that both Suckquansh and Nenecraft bee 
desired and required to appeare before the Councill on 
AVednesday next, at Newport, accordingly ; that soe they 
may both of them giue satisfaction to the Councill, touch- 
ing the idlarum of the country vpon the suspition of the 
Indians plotting to cut of the English ; and Mr. SamueU 
Wilson, Mr. Jireh Bull, and Mr. Josiah Arnold are desired 
and impowered to acquaint the said Sachems with this or- 
der of the CDuncill with all convenient speede. 

There being a motion of the Secretary that some mera- 
ae'*i)Vu'ty ^*^^' *^^ ^^^^ Councill may examine the orders and proceed- 
ings of the Councill as they are placed vpon record, by 
ii""''the orginall papers; the Deputy Governor is desired by 
the Councill, to take the care thereof vpon him. 

The Councill dissolved. 

The acts of this Councill, compared with the originall 
papers, and found true. 

Witness, JOHN CLARKE. 



Deputy 
M) e xamine 
tbe acts and 
orders of the 
Coanci 




AND PROVIDENCE PLANTATIONS. 



AU a meeting of the Governor, Deputi/ Governor, Mr. 

John Easton and Mr. William Harris, at Newport, on 

the last Wednesday in August, 1669. 

The Indian Sachems not being come over, the Councill 
is adjourned till to morrow morning, at eight of the 
clock. 

Att a meeting of the Generall Councill, at Newport, on 

Thursday, August 26, 1669. The Governor, Deputy 

Gouernor, Capt. John Cranston, Mr, Pelcg Sa?iford, 

Mr. John Easton, Mr. William Harris, Mr. Thomas 

Olney and Mr. William Baulston, being present. 

The Sachems Quisuckquansh and Nenecraft, being be- ,^jj|,'e ^^^ 

fore the Councill, the Governor bid their interpreters tell ^°""''"' 

them, that Thomas ftlounders not being come over, the 

Councill could not proceed to examine that business, but 

that they had now sent for him, and that the Councill 

were not willing to proceed to the matter they spoke with 

Nenecraft about fine weeks agoe, vntill they had heard this 

last business at Narragansett ; and that if this vnhappy 

business had not fallen out, the Councill could presently 

haue dispatched the other business with Nenecraft ; and 

one reason why the Councill had sent for them now, was 

that they might see and heare the examination of the last 

matter, that soe they might bee sattisfied of the justice of 

the proceedings. The Governor bid the interpreter to tell 

them they might withdraw, and when the Councill were 

ready to proceed, they would send for them. 

The Councill takeinff into consideration an information Mmtaiyof- 

<^ ficers at 

formerly given vnto them by Mr. William Baulston, Gen- ^"''™°''*'»- 
erall Assistant, that there are noe military officers chosen 
for the towne of Portsmouth, by reason of the decease of 
the late Captaine ; and alsoe foreseeing of what conse- 
quence it is, that prouision bee forthwith made in that be- 
halfe, especially considering the present fears of the 



282 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. country ; doe therefore order and ordaine, that the said 
^--*"^^*^Mr. William Baulston, Assistant, bee heerby required and 
authorized to issue out warrants vnder his hand, directed 
unto such person or persons as hee shall thinke fitt, to 
warne in all persons of the towne of Portsmouth, that are 
capable to vote in the election of military officers, to ap- 
peare at the vsuall place in the said towne, on the first 
Munday in September next, at nine of the clock in the 
morning, then and there to make choice of their said offi- 
cers accordingly ; and Mr. Baulston is alsoe desired to 
signifie vnto the said towne, that the Councill doe hope 
and expect they will proceed to the said choice, or other- 
wayes they will force the Councill to impose officers vpon 
them, which they earnestly desire they may not bee con- 
strained to doe : and a copy of this order vnder the seale 
of the Councill shall bee Mr. Baulston's warrant in this 
behalfe. 

The Councill adjourned till two of the clock in the 
afternoone. 



Att a meeting in the afternoone, the Governor, Deputy Gov- 
ernor, Capt. Cranston, Mr. William Harris, Mr. Thos, 
Olney and Mr. William Baulston, present. 
The Councill being sencible of the present fears, occa- 
orderfor sioucd by thc report of the combination of the Indians 
against the English, and seeing it necessary to put the Colo- 
ny in aposture of defence, doe therefore heerby recommend 
itto the care of each respective Towne Councill in the Colo- 
ny, viz. : Newport, Providence, Portsmouth, Warwick and 
Westerly, that they make speedy and diligent provision 
for the secureing of themselues by setting of watches, and 
seizing the armes of Indians that are in the hands of the 
English ; as alsoe to see that the inhabitants of each re- 
spective towne bee furnished with ammunition according 
to law ; and that the amies bee fixed and in readiness for 
service, or what else they shall see needfull to bee done 
for their owne safety and the security of the whole Colony ; 



the Colony 
in a posture 
of defence. 



AND PROVIDENCE PLANTATIONS. 28( 

that they bee not surprized, but may bee ready vnani- 1669. 
mously to defend his Majestie's interest, and their owne ^-.-^n-^ 
lines and estates if any invasion or insurrection bee 
made, and that a copie of this order and advice bee forth- 
with sent to the chiefe officer in each towne. 

Whereas, there are severall out phmtations in this Colo- 
ny, which are not included in any towneship, and they 
being as lyable or rather more lyable to danger and inva- 
sion than where there is more strength ; and the Councill 
seeing it incumbent on them to provide for their safety, 
doe heerby order, that the Conservators of the Peace at 
Pettaquomscut, Narragansett or Acquidneesitt or Block 
Island, and such persons as the Councill shall appoint on 
the Island Quononicutt, doe assemble the inhabitants of 
each of those places and consider among themselues what 
may bee most suitable for their defence and preservation 
against any invasion or insurrection of the Indians, and 
forthwith to put it in execution ; and that a copie of this 
order bee sent to the first Conservator of the Peace in each 
respective place, and the persons appointed for Quononi- 
cutt. 

The Councill adjourned till to morrow morning, eight 
of the clock. 



Att a meeting, ffridaij, August 27th, 1669, the Governor, 

Deputy Governor, Capt. Cranston, Capt. Sanford, Mr. 

William Harris, Mr. Thomas Olneij, Junior and Mr. 

William Baulston, being present. 

The Sachems Mawsup, alias Quisuckquansh and Nine-Thos-ffloun- 
craft, as alsoe the Indian Sawagonett being before the plfj.-^^'^^ 
Councill, and alsoe Thos. fflounders ; Thos. fflounders ex- "'""^"^^'""^ 
hibitted his complaint against the said Sawagonet, which 
was the interpreter made knowne vnto him ; which said 
complaint, together w^ith the Indians examination and an- 
swers to the same, are amongst the Councill papers. 

The Councill adjourned for an hour. 




RECORES OF THE COLONY OF RHODE ISLAND, 



Atl a meeting in the after no one, August 21th, 1669. The 
Governor, Deputi/ Governor, Capt. Cranston, Mr. Peleg 
Sa?iford, Mr. John East on, Mr. William Harris, Mr. 
William Baulston, hcimj present. 
Thomas fflounders in Councill exhibited some further 

eompLiint against the Indian Sawagonet, which is among 

the CounciU's papers. 

The Governor commanded the interpreter to ask Sawa- 
sawagonet'sgonet if hee wouhi acknowledge himself to bee vnder the 

submission. 

government of Rhode Island and Providence Plantations? 
To which hee replyed that he did render himselfe to this 
government, and was now here in obedience to their com- 
mands, and did desire justice accordingly. 

Ordered, that the said Sawagonet giue bond for his ap- 
pearance at the next General! Court of Tryalls, and for 
his good behaviour in the meane time ; and also that 
Thomas fllounders giue bond to prosecute against the said 
Indian at the said Court, with two sufficient sureties. 

The recognizances of Sawagonet and Thomas fflounders 
are to be entered vpon record ; and accordingly they are 
delivered to the Recorder. 

The Councill adjourned till to morrow morning six of 
the clock. 

Att a meeting Saturday, August 2Sth, 16G9. The Gov- 
ernor, Deputy Governor, Mr. Peleg Sanford, Mr. John 
Easton, Mr. William Harris, Mr. Thomas Olney, 
Junior. 

The Sachems Mawsup and Ninecraft being before the 
Examina- Couucill, brouo'ht alsoc four Lono- Island Indians, named 

tionofNin- ' . , 

^raft^and^^Matowoompaud, alias Missuckquat, Nompum, Nauneyau- 
[gJ'andTn- waut aud Paapasaquin, whom they said could informe 
*"*■ touching the grounds of the report of a plot among the 
Indians. 

The Councill proceeded to the examination of the said 



AND FEOVIDENCE PLANTATIONS. 2S5 

Sacbeins as to the combination of the Indians against the 16G9. 
English. ^^^.^^ 

And the said Long Ishmd Indian named Missuckquat, 
being charged by the Governor to speak tbat which was 
truth before the Councill, and thcrevpon promising soe to 
doe, hee said that in the beginning of this summer the In- 
dians of Meontawket, consulting together, said it was rea- 
son they should send some tribute by way of acknowledg- 
ment to Ninecraft, and that therevpon they made a gath- 
ering among themselves, and sent a parcell of peague, noe 
great sum, but about twenty fathom ; which they sent to 
Ninecraft, together with the barreli of a gun, vpon the re- 
ceipt whereof, he gaue them a pardon. Vpon which ac- 
tion, there w-as presently a rumor of a plot reported by 
one of their owne Indians ; where vpon two men, with 
a Constable from East Hampton, came to them, and told 
them they were informed they were plotting together with 
Ninecraft, wholly to destroy the English ; which the In- 
dians confidently denying, the English told them that 
then as a signification of their innocency, they should 
deliver vp their guns ; but the Indians resolutely refused 
to deliver them till some either more fainthearted or more 
considerate than the rest, did agree it v\'ould bee the best 
course for their vindication to deliver them vp, which beino- 
done, the English declared themselves sattisfied as to their 
innocency ; and takeing off the locks of severall of their 
best guns, carried the locks away and left the barrells be- 
hinde them ; and carried away alsoe some of their guns ; 
and alsoe said that the Indian that raised the report was 
formerly named Pawgatun, but now his name is Nouaco- 
napoonog ; and the other Indian named Nompum fur- 
ther saith, that after the report of the plot that was abroad, 
the English received a letter, which as Nenecraffc saith, 
was written by Toby, at Squammacock, in his behalfe, re- 
lating how hee had cleared vp the matter, that there was 
noe plot ; vpon which letter the English were soe sattis- 
fied, that one Mr. Mulford told them they might haue their 



286 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. guns and locks againe, but the man in whose hand they 
^'^""-^^'^ were ,was not at home. Soe the Indians thanked the Eng- 
lish for granting them [their gunns] againe, but at present 
they had noe occasion for them ; they might remaine still 
in their hands. To which the English said it v^as well soe 
they might, but as they had need of them, they might 
fetch them ; and that whereas the English had formerly 
said they would take away their corne fielrls, now they 
would not meddle with them. Being demanded how they 
came to know that it was Nonaconapoonog or PaWgetUn, 
that raised this report, they could not tell how, but only 
said they heard it ; till Ninecraft said that hee knew how 
they came to know it, and that was by a letter from Mr. 
Winthrop and Thos. Stanton ; and that Thomas Stanton 
told them of Ninecraft's men for being demanded if they 
had examined Nonaconapoonog about it, they said they 
had ; and that hee said if the English did afhrm that hee 
told them soe, they did belye him ; and that they inquired 
earnestly of the English Avhom it was that told them of the 
plot, but the English would not declare it ; wherevpon, 
they desired that they should informe them who it was 
that sent word to the Governor of New York, but they 
might know shortly. The Councill signified to the said 
Sachems that if they would, they might depart at 
present. 

The persons appointed to execute the Councill's order 
of 2Gth inst. for the Island of Quononicut, are John 
Homes, John Remington and Michaell Kelly. 

The Councill dissolved. 

The acts of the Councill examined by the originall pa- 
pers and found true, as 

Attest : JOHN CLARKE. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly held for the Collony 
.of Rhode Island and Providence Plantations at Newport ^ 
the 21th of October, 1669. 

Benedict Arnold, Governor. 

Mr. John Clarke, Deputy Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Thomas Olney, Jr., 

Capt. Peleg Sanford, Mr. William Baulston, 

Mr. John Easton, Mr. Joshua Coggeshall, 

Mr. William Oarpenter, Mr. Bejamin Smith, 

Mr. Williiam Harris, Capt. John Greene. 

DEPUTIES. 

Mr. John Coggeshall, Lieut. Francis Bray ton, 

Mr. Joseph Clarke, Mr. William Woodall, 

Mr. Caleb Carr, Capt. Randall Howldon, 

Joseph Torrey, Mr. Richard Carder, 

Mr. James Barker, Mr. Thomas Greene, 

Mr. Edward Greenman, Mr. Edmund Calverlye, 

Capt. John Sanford, Mr. Tobias Sanders, 

Capt. Samuell Wilbour, Mr. John Randall. 

. The Governor chosen Moderator. 
Joseph Torrey, Clarke of the Assembly. 
Ordered, that a letter sent from the towne of Warwick ^^"er from 

' Warwick. 

be read in Court, and that Mr. Calverlye be permitted to 
read it. 

Ordered, that the Charter be read in Court, and that 
Mr. Thomas Olnye be desired to read it in the Recorder's 
absence. 

The Court haveing been informed that there are two re- 



288 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. turnes fi-oin the towne of Providence by two persons that 
v,-*^^-**^ writt themselves Chirke of the aforesaid towne ; the one 

Two returns 

ofDepuiies intiuiatin";, under his hand, that the towne had made noe 

from Provi- ° ' ' 

dence. legall choyco ; the other intimating as though there had 
been a choyce, &c. The Court haveing heard the report 
of the matter, soe far they can, to find the truth of the 
said proceedings, doe therefore dechire that the persones 
who have heare presented themselves as Deputyes, cannot 
be admitted to sitt and act in this Assembly, because they 
were not legally chosen, and a legall returne made thereof. 
Whereas, there hath been severall considerations about 

About gath-tlie p'athering of the six hundred pound rate levied and in- 

erine rates. o o i 

joyned by the Generall Assembly, in October, 1GG4, and 
yett a great part of that rate is vngathered, to the mani- 
fest damage of the Honored John Chirke, Deputye Gov- 
ernor, late Agent for the procuring the Charter for this 
Collony, the charge whereof lyeth heavie vpon his account, ' 
to beare ; and now finding some townes or places negli- 
gent in makeing the rate and levieing the same vpon 
their inhabitants, notwithstanding a Committee was ap- 
poynted to mind the doeing thereof, and finding that such 
of the Committee in those townes and places as were ap- 
poynted to mind it in their respective townes, have neg- 
lected the same ; the Court doe enact and declare, that in 
case of such neglects, that any sixe, five or fewer of the 
rest of the said Committee, Mr. William Harris being one, 
have full power to levie the rate vpon each such towne or 
place, and if they cannot have an estimate of each man's 
estate brought in to them vpon demand, then they are to goe 
as neare the marke as they can in estimating each man's 
estate, and accordingly levie the rate ; and in case the 
Constable or Towne Sargant neglect to gather the same or 
to gather the remainder of any rate ah'eady made, either 
as for the sixe hundred pound or any former rate relateing 
to the procureing the Charter, then, by warrant as is pro- 
vided in the same case for gathering the same in the towne 
of Newport, the Generall Sargent is hearby impowered, 



AND PROVIDENCE PLANTATIONS. 289 

requh-ed and commanded to gather the said rates in every 1669. 
such towne or places, as well as in Newport, vpon the v-^^s.--*-' 
same penaltye as is thereon sett by a former Generall As- 
sembly e in case of neglect ; and haveing gathered the 
same, is to deliver it and every part thereof to such per- 
son as the said Committee, or any six, five or four of them 
shall appoynt, and to take soe much for distrayning the 
same as in the same case is allowed, as to takeing or dis- 
trayning in the towne of Newport, and all the foremen- 
tioned is to be put in execution with such expedition that 
all may be gathered before the twentieth day of Decem- 
ber now next coming. 

The Generall Assembly sadly resenting the grevious Men.8^e^nu» 
symptoms that appeare, of the dangerous contest, distrac- [hem'tT*** 
tiones and divisiones amongst our antient, loving and hon- *^''^*"°*''*- 
oured neighbours, the freemen inhabetants of the towne of 
Providence, whereby the said towne is rendered in an in- 
capacitye for transacting their owne affaires, in any mea- 
sure of satisfactory order, with peace and quiettnes, and 
consequently vnable to helpe in the managing and order- 
ing publicke affaires by Deputyes that ought to bee by 
them sent to the Generall Assembly, and jurymen to the 
Courts of Trialles, whereby there is, or seemes to bee a 
breach in the whole ; vpon consideration whereof and vp- 
on finding that the case of the aforesaid inconveniancyes 
ariseth from disagreement and dissatisfaction about divi- 
siones and dispositiones of lands wherein it is impossable 
that either party can be cleare from giving and taking oc- 
cation of offences, and that it is altogether vnlickly they 
will compose the differances without some juditioues men 
and vnconcearned in the premised contest, bee helpfull by 
their counsell and advice to that end. Therefore, the 
Court doe recommend the care of efectinge a happie com- 
posure vnto Mr. John Easton, Mr. Joshua Coggeshall, Mr. 
John Coggeshall, Mr. William Vahan and Mr. John San- 
ford ; and doe request them and commissionate them to 
repaire to the towne of Providence, at or a day or two be- 

VOL. 11. 19 



290 RECORDS OF THE COLONY OF RHODE ISLAND, 

1669. fore or after the twentye fowrth day of this instant No- 
~ — v— ^vember, and being there, that they cause conveniante 
notice to bee given vnto all the free inhabitants, or to as 
many as may have notice, to meet at a certaine day and 
place in the said towne, and being mett to endeavor, by 
all meanes to perswade them to a loving composure of 
their diffe ranees by arbitration, if noe more easie way 
apeare to them, and to engage to abide by the award in 
such sort as neither partye may have libertye to evade the 
same. And when such a way of composeing the said dif- 
ferances shall be determined to be expediant they re- 
solve upon, and the party es alsoe as aforesaid engaged 
therevnto, then to signifie that there be a meeting called 
of all the freemen, as soone as may bee, and in the said 
meeting to choose a moderator, and then their foure 
Clarke for the remaining part of the yeare ; as allsoe Con- 
stables, Towne Sargant, and such other officers as are vse- 
ually chosen in the towne ; and alsoe to elect fowre 
Deputyes to sitt in this presant Assembly, which are to 
that end resoulved to adjourne vntill the third Tuesday in 
February next, that soe there may bee (if the Lord please 
to give a blessiuge vnto our indeavors and answer our de- 
sires) hearin, a friendly and manly concordance in manage- 
ing the publicke transactiones of this Collony ; and to that 
end, it may appeare how much wee desire the same, the 
Court doe order, that all indictments or actiones which 
have arisen concearning, or haveing relation to the differ- 
ance aforesaid in the towne of Providence, shall be waved 
at presant, and that noe farther prosecution be thereon till 
the Assembly shall meet at the time prefixed, and vnder- 
stand the issue of the aforenientioned motion ; hopeing in 
the meane time all animosityes will be extinguished and 
the occation removed, that wee may answer the gratioues 
favour of his Majestye bestowed vpon vs with a suitable 
exercise therein, and improvement thereof ; as alsoe, the 
Court suspends in the meane space, the enacting any 
■thinge save what is of absolute necessitye, as desirous of 



AND PROVIDENCE PLANTATIONS. 291 

the full concurrence of all the members of this poore de- 1669. 
spised Collony, for carrying on the most \vayghty con- ^^-^^^-^•^ 
cernes thereof; as alsoe if it bee possible to perswade 
Mr. William Harris, and those that are adverse to him, 
about Mishantatate to put their differences thereabout in 
a lycke good way of composure, soe to prevent farther way 
of legall force therein ; and whatsoever efect the foresaid 
endeavors of the persones hearin impowered and employed 
shall produce, the Assembly desire and expect an account 
thereof vnder their hands at the next sitting above ap- 
poynted, and a coppie of this order, vnder the Clarke of 
the Assembly, with the scale of the Collony thereto affixed 
shall be a sufficient warrant for putting the same in prac- 
tice accordingly. 

It is ordered, that the acts already passed in the ses- l^^^^^l^^" 
siones of the Assembly shall forthwith goe forth to the presenuy. 
severall townes vnder the Clarke's hand and seale of the 
Collony ; and soe the Assembly is adjourned to the third 
Tuesday in February next, to sitt at Newport. 

February the fifteenth, which was the day that the 
Court was adjourned vnto, that sat the 27th of Octo- 
ber last, there mett the Governor, the Deputy Governor, 
Capt. John Cranston, Capt. Peleg Sanford, but noe more 
of the magistrates ; and therefore the Court could not bee 
said to bee in being, but the aforesaid Court did naturally 
dissoulve it selfe. 




RECORDS OF THE COLOJTr OF KHO'DE ISLAKI?.; 



Proceedings of the Gejierall Assembly of the Collony of 
Rhode Island and Providence Plantations, held &ft New- 
port, the Uh of March 22, 1669-70. 

Mr. Benedict Arnold, Governor. 
Mr. John Clarke^ Deputye Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Thomas Olnye, Jr.? 

Mr. Peleg San ford, Mf. William Baulston, 

Mr. John Ea&tony Mr. Joshua Coggeshally 

Mr. William Carpenter^ Mr. Benjamin Smith, 

Mr. William Harris^ Capt. John Greene. 

DEPUTIES, 

Mr. John Coggeshally Lieut. Francis Brayton,. 

Mr. Caleb Carr^ Ensigne Lott Strange, 

Joseph Torrey, Capt. Randall Howldon,. 

Mr. James Barker, Mr. James Greene, 

Mr. Edward Smithy Mr. Richard Carder, 

Mr. Robert StantoUy. Mr. Edmuni Calverlye,- 

Mr. John Sanford, Mr. John Crandall, 

Mr. William Woodall, Mr. Nicholas Cottrell, 

The Governor chosen Moderator. 

Joseph Torrey, Clarke of the Assembly. 

Voted, that a letter sent from some of the towne of 
Providence be read in Court, 

Voted, that a letter sent from the to-wiie of Warwick be 
read in Court. 

It being soe that there hath been great distractiones- 
Thediffe- amongst the inhabitants of the towne of Providence, there 

ence at O ' 

Proyidence. being two partyos accuseing each other that they have ob- 
structed legall proceedings, and that they have acted ille- 



AND PROVIDENCE PLANTATIONS. 293 

gaily, soe that the Generall Assembly of this Collony hath 1670. 
not been assisted by them with Deputyes, neither is this '-^'^'"^^ 
Oenerall Assembly, although there hath been long endea- 
vors by Generall Assemblyes that the inhabitants of Provi- 
dence themselves might have issued their differances that 
hath caused such obstructiones ; but it not taking place, 
bee it enacted by this Generall Assembly, that two men be 
chosen and authorized and rec[uired to take what intelli- 
gence they can, how many and who they are of the towne 
of Providence, that are free inhabitants of this Collony, 
and have or doe take the engagement to be true subjects 
to the King, and that all those which either party will not 
owne to be freemen of the Collony, and to have engaged al- 
legiance to the King, except the two men chose, gyt intel- 
ligence of any who are free, all though they be not soe owned 
by the other party, they shall at their perrill be taken as riot- 
ers forbeare to vote in the election of any to any office in 
civill government in this Collony ; and two men chosen shall 
require whome they see cause to warne all of Providence, 
that are such freemen of this Collony as aforesaid, to ap- 
peare at time and place as the two men chosen shall ap- 
poynt for those that soe appeare by the majour vote to 
choose their moderator and towne officers for the time be- 
ing, and untill the day for their yearly choyce according to 
their law ; and that they alsoe in the same meeting choose 
their Deputyes for the next Generall Assembly that is to 
sitt in May next, 1670. 

Mr. John Easton and Mr. Joshua Coggeshall are nomi- committee 
nated and appoynted to be the two men to put the above- aence. 
said order in execution ; and Ensigne Lott Strange and 
Joseph Torrey are added vnto them for Counsell and ad- 
vice in the matter, and are all to repaire to the towne of 
Providence, with all conveniant speed, after the Court is 
dissoulved. 

The Assembly considering Mary Stoakes earnest desire Mao^^^ 
to have her corporall punishment taken off, which the lastP'"'^""- 
Court of Trialles sentenced her to receive for adultery with 



294 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1670. William Timberlake, which sentence was that she should 
'-'*"^'"*^' be twice whipt and pay a fine of ten pound according to 
law, in such case provided ; and considering she came 
away from her husband : the Court judging it dishonorable 
to suffer her heare to stay, and concluding it rather fitt she 
be gone off, that soe she may goe to her husband ; the As- 
sembly doe agree and declare, that her whippings shall 
both be suspended till the latter end of the next Court of 
Trialles ; but if she stay or be found in any part of this 
jurisdiction at any time after the end of that Court, she 
shall suffer the extent of the law, and be twice whipt ac- 
cordingly ; and it is further provided as for her fine of ten 
pound, that she shall pay it now presently, or else her 
whipping shall alsoe be forthwith inflicted in order, and 
the fine taken by execution. 

This Generall Assembly, reminding what other Generall 
uslFbefore Asscuiblys of this Collony have had agitations vpon, and 
of King"'*' resolutions to witt : efectually to mind and put out of the 
Second to be Rccords of thls Collony, and vtterly to obliterate the pas- 

disannulled. '' ^ ^ 

sages, names and titles that in the times of the troubles in 
England were vsed and enacted as the case then stood 
with this Collony as, with all co-rporationes in England and 
other his Majestyes dominiones that were derogatory to 
the Crowne and dignitye of his Majestye our gratioues 
Soveraigne Lord, Charles the Second, King of England, 
Scotland, France and Ireland, and all the dominiones 
thereto belonging, occationed by the then prevayling 
powers in England, either of Parliament, Councill of 
State, Protectors, &c., in whose names all matters of judi- 
cature were then transacted, but by reason of severall 
pressing matters of severall other natures have alwayes 
much distracted the affaires in this Collony, those foresaid 
matters have not been soe thoroughly inspected and recti- 
fied as is desired, and still intended. Therefore, this As- 
sembly doe enacte and declare, that all passages, names 
and titles, in lawes, acts or orders of this Collony, deroga- 
tory to his Majestye, his honour, Crowne and dignity, be 



AND PROVIDENCE PLANTATIONS. I29l) 

vtterly repealed, made null and voyd, and are hearby de- 1670. 
Glared to be vtterly repealed, and made null and voyd, to ^--^^^^^ 
all intents or purposes, whatsoever ; alwayes provided, 
and bee it enacted by the authority of this Assembly, 
and it is enacted and hearby declared, that the law or 
lawes themselves (in which these passages, names and 
titles are made null and disavowed), shall not hearby bee 
made voyde ; but as to the equitye of such lawe or lawes 
are to stand in full force and virtue to all intents and pur- 
poses for which they were made and enacted. 

This Assembly haveing well v/eighed the ill conse- Jo^u 
quences that may ensue from the insolencye of John Carr, 
late prisoner in the jayle at Newport, where hee with 
Quinapint, an Indian prisoner, brocke the prison the 26th 
of December last past, at night, and gott over to Narra- 
gansitfc, where they both gave out threatening to doe mis- 
chiefe to the English, &c., thereabouts residing ; and in 
order to put their intentiones in execution, have been 
some months past preparing to fight, and drawing the In- 
dians into their conspiracye soe to keep themselves from 
justice. 

It is therefore resolved, and bee it enacted by the au-^°ncemii>;; 
thoritye of this Assembly for prevention of these unhappie who\roIk'<. 

prison with 

consequences that otherwise are lycke to ensue from the Quanepin. 
foresaid evill-minded persons conspiracye, that the chiefe Sa- 
chems, to witt : Mosup and Ninecraft to be both sent vnto 
by Capt. John Greene and Mr. Benjamin Smith, of War- 
wicke. Assistants, as soone as possible it may be done, and 
to request, desire or require the said Sachems and either 
of them, at a certain day to repaire to the towne of War- 
wicke, and that day to be, if possible it may bee, before 
the last of this month, or as soone as may bee after, and 
then and there to represent to the said Sachems the sence 
and resolution of this Assembly concerning the premises 
for the apprehending those persons that hath made escape 
out of prison as aforesaid ; and that in the first place the 
said Sachems are to bee advised withall. The Court hav- 



296 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1670. ing regard to the mutuall obligations made to and with 
-*'"^'"*^ them for defence both of them and the English in this 
CoUony, by order and command of his Majestye, our dread 
Soveraigne, King of England, &c., declared by his Maj- 
esty es honourable Commissioners in the yeare 1664 and 
1665, and that, therefore, the said Sachems are desired to 
apprehend the said John Carr and Quinnapintt, and to 
deliver them and either of them vp to some of his Majes- 
tyes officers in this Collony, to be secured till brought to 
answer for their severall missdoings, and withall to let the 
aforesaid Sachems know that in case they refuse or neglect 
to doe their indevour to put the premises in speedy exe- 
cution, they will, by his Majestye and by this Collony 
be deemed and esteemed partyes or accessaryes with the 
malefactors, and soe render themselves and people lyable 
to answer for what these said persones shall mischieviously 
put in practice in any parts of this Collony or King's 
Province. But in case the Sachems pretend they are not 
able to apprehend both, or either of the malleflictors, and 
haveing endeavored to doe it are frustrated, that then 
and however they joyntly and severally engage vpon per- 
rill aforesaid, to forbid, withdraw and withhold all their 
people from countinanceing, ayding or assisting the malle- 
factors, or either of them aforementioned, withall require- 
ing their present engagement, that they will, according to 
their aforesaid obligation, assist in the persueing, finding 
out and apprehending them, when any shall from this 
government be employed to that end ; and the Assembly 
having a respect vnto, or a due sence of the Indians ig- 
norance of the English lawes, which vntill they shall be 
more acquainted with, may be an occasion of some ex- 
travagancies or misdoeings in regard of the differing man- 
ners and customes of the English and them. That there- 
fore, it is thought good to mittigate somewhat of the rigor 
that might be vsed against Quinapintt, in hopes of his 
future reformation and good behaviour ; that in case hee 
pay or cause to be payd to Thomas Flounders fifteene 



AND PROVIDENCE PLANTATIONS. 297 

pound in peague, at the rate of sixteene a penny presant- 1670. 
ly, or s-ive securitye that it shall be done before the Court -^-^^^^^"^ 
of Trialles now next coming, that then his other extrava- 
gant carriage in that business will be past by, upon his 
appearance and humble acknowledgment at the said Court 
of Trialles, and vpon paying such fees as are due to the 
officers of justice, it being a small matter, &c. ; and that 
in the meane time hee doe not only withdraw from coun- 
tinancing, consealing or ayding John Carr, but doe alsoe 
by all meanes endever to discover and apprehend him and 
soe cause him to bee delivered vp, to justice, &c. But in 
case of Quinnapintt, his none performance hereof, hee nuist 
expect noe favour, but the riggor of the law, and to make 
good all dammages that shall arise in or about the prem- 
ises, which may amount to the losse of what hee or his 
adhearents can say is theirs ; and that the matter may be 
carried on to effect with more facillitye, it is recommended 
to Mr. Greene and Mr. Smith abovesaid, that wherein 
they shall see it necessary to vse the advice and assistance 
of Mr. Smith of Narragansitt, or other persones of the 
English in any parts thereabout, they may send to or for 
them to that end, &c. ; and farther, the Assembly doe 
order, that vpon declaring the premises vnto the Sachems 
abovesaid, and that they be thoroughly acquainted with 
and made to vnderstand the same, that then returne be 
made in writing unto the Governor, Deputye Governor 
and Councill of their answer, behaviour and whole issue 
of the aforesaid discourse, and demand information and 
advice that they, vpon a farther proceeding may, if neede 
require, be put in action for effecting the matter, soe as 
to preserve his Majestye's loyall subjects, persones and es- 
tates from vyolence ; and a coppie of this order vnder the 
Collonyes scale, with the Governor's hand affixed, shall 
bee the commission and warrant to Mr. Greene and Mr. 
Smith abovesaid to transact accordingly. 




RECORDS OF THE COLONY OF RHODE ISLAND, 



The Commission for the Conservators of the Peace in the 
King's Provi?2ce. 

Honoured friends : The Assembly haveing a sence of 
the pressures that lye on the mindes of severall of his 
Majestyes leige people, members of this Collony, and liv- 
ing in that part thereof now called the King's Province, 
Avho by reason of some overtures from the Collony of Co- 
neticott, seeming to tend to an exercising jurisdiction in 
some parts of this our Collony or King's Province afore- 
said ; these are therefore to put you in niinde, all and 
every of you, that you be watchfull and carefull to pre- 
vent and suppresse all such misdemeanures and disorders, 
even according to that trust reposed in you, and power 
committed vnto you by the commission already given you 
by the Governor and Councill of this Collony, vnder the 
seale of the said Councill ; which being minded, doth 
empower you and either of you to apprehend all and every 
person that shall presume to exercise jurisdiction in any 
part of the King's Province without authority duely de- 
rived from the Generall Court or Councill of this Collony ; 
and such person or persones to send to Newport to bee 
examined by the Governor or other the Magistrates, and 
this is to advise you at this time to be more than ordinary 
vigilent in that respect, and wherein you may want helpe 
or advice by reason of opposition too potent for you, that 
in case you make your addresses to the Governor and 
Councill. Soe wee bid you farewell, and rest your very 
loving friends. 

Signed per order and in the name of the 
Generall Assembly of Rhode Island and 
Providence Plantations, &c. 

JOSEPH TORREY, 

Clarke of the Assembly. 

To our honored friends, Mr. Richard Smith, Mr. Samuell 



John 
Smith 
ter about 
land re- 
ferred. 



AND PROVIDENCE PLANTATIONS. 299 

Dyre, Mr. Sam'U Wilson, Mr. Jirah Bull, Conservators 1G70. 
of the Peacein the King's Province, inh is Majestyes^-*'^'^*-' 
Collony of Rhode Island, &c., and to either of them- 
These. 
Dated at Newport, March 25, 1670. 

It is ordered, that three of this date and tenure, be 
sent (viz.), one to Mr. Crandall, one to Mr. Smith, one to 
Mr. . 

The Assembly haveins: seene a letter subscribed Joshua Josima hu 

*' " bert and 

Hobert, and John Smith, and dated the 8th of September, ^^*\^^,g,gj 
1669, directed to the Governor, Deputye Governor andfaLi 
Councill of this Collony, and by the Governor presented 
and communicated to this present Assembly, considering 
the contents being about lands, &c. ; the consideration of 
which letter, requiring good information as to the propos- 
alles and desires therein contayned, and candid delibera- 
tion therevpon, before a positive answer be given therevn- 
to, which being not at present soe fully produced, as in 
such case it ought to bee ; therefore, the Assembly refer 
the farther consideration of the affixires vntill a more con- 
veniante opportunity, and do desire the Governor, and 
DeputyeGovernor, to signifie soe much vnto the abovesaid 
gentlemen that sent the letter vnto them, &c. 

Letter from the Governor and Assistants of Conmdicut to 
John Crandall.* 

Plartford, Nov. 18th, 1669. 
To Mr. John Crandall, to be communicated to the people of Squaraacuck : 

Neighbours : You may by these understand that we haue often been solis- 
ited to hear seuerall complaints that haue been made against yourselues (by 
the inhabitants of Stoniiigtou), whoe have (as they inforaie- us) impropriated 
to yourselues a great parcoll or part of their township to your own pcrticuler 
use and benefit without their consent, and against their declared wills ; and not 
onelyso (as we are informed), you haue dispossessed seuerall gentlemen of their 
proprieties and right, as their heirs the honored Mr. Haines, deceased, Captaia 
Gooking and Mr. Playsted, by which they are much damnifyed, and thereupoii 



* Rhode Island Historical Society's Manuscripts, pp 8'I-9» 



300 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1670, liiiue oomplajned to us for justice in the case. Wo accordingly saw reason to 
,^^„..^..,,^^ grant a time of hearing, which was tlie third Wednesday in this moneth, of 
which we gaue you timely notice by Mr. Tho. Stanton, but you did not ap" 
p<?are ; although those people of Stoningtou haue attended the time prefixed' 
and complayned against you of the aforesaid wrongs and presented much of what 
they haue [to say] in the case, but we haue not been willing to put the matter 
to a fiuall issue at this time, being willing to heare what you haue to say in the 
case, and therevpon thought good to take this oppertunety to aduise you that 
you address yourselues to make your neighbours of Stonington sattisfactiou for 
the damage you have done them ; and also that you agree with the gentlemen 
that coniplayne they haue suffered by you, and make them sattisfaction betwixt 
this and March next spring ; untill which time we shall rest in expectation to 
see what you will doe in this case. 

Signed per order of the Governor and Assistants. J. A [LLYN], Sec'ry. 

The season of year being hazardous for trauail, and some of the complayn- 
ants not appearing as well as yourselues, we thereby haue been preuented a 
hcarinfr. 



Letter fr 0771 John Cr and all and others to the Governor of 
Connecticut. 



Onered Gentell men : Yours bearing date November 18, last past, wee re- 
ceived, wherein you wear pleased to signifie vnto vs that yours haue bin often 
solisited to heare seaverall complaints made against vs by the inhabitauce o^ 
Stonington, and allso of other gentell men ; and that yours saw reason to 
grant them a time of hearing, and did giue vs timely notis of, and wee did not 
apear; vnto the which wee cannot omit, but make yon sum return. As to 
that of complaint made by the inhabitance of Stonington, we do profess that 
wee are not sensabell that wee are in any measure guiltie ; which if wee 
wear, wee hope we should have prevented their complaint by tendering satis, 
faction. But wee are very sensable of great wrongs that wee haue sustained 
by them for seaverall yeares ; and as to a time of hearing and glueing timely 
notis, wee being by the Charter and otherwise subjected to another Colonic- 
could not asent but with the hazard of breaking our obligacions. Yet not- 
withstanding we are much inclined to a peaceable and a finall issue of these 
diffarances by a legall prograce in law in the jurisdiction whcarvnto we do be- 
long, as by whose authoritie wee are hear settled, where we dout not but equal 
justis will take place. As for your advice to agree with those our neighbours 
of Stonington and the other gentellmen we hope that your Colonic and ours 
will in the first place louveingly agree, and then wee question not but there 
will be an agreement between vs and our neighbours of Stonington, and the 
rest of the gentellmen. JOHN CR ANDALL, 

TOBIAS SAUNDERS, 
in the behalff of the town. 

Scomacut, this 11th of March, 1669-70. 

Superscribed. 

For the worshsppful! John AVinthrop, Esq-, Governor of Coneticut, to be 
communicated to the Assistants. These. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly of the Colony [of 
Rhode Island and Providence Plantations, held at New- 
port, May the Uh, 1670. 

Mr. Benedict Arnold ^ Governor. 
Mr. John Clarke, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. Peleg Sanford, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. Thomas Olnye, 



Mr. William Harris, 
Mr. William Baulston, 
Mr, Joshua Coggeshall, 
Mr. Benjamin Smith, 
Capt. John Greene. * 



DEPUTIES. 


Mr. John Coggeshally 


Mi% John Tripp, 


Mr. Caleb Carr, 


Mr. John Sanford, 


Joseph Torrey, 


Left. John Albro, 


Mr. Edward Greenman, 


Mr. Thomas Cornell, 


Mr. Walter Clarke, 


Mr. Samuell Gorton, 


Mr. Etiward Smith, 


Mr. John Weekesy 


Mr. John Throgmorton, 


Mr. Richard Carder, 


Mr. Thomas Harris, 


Mr. Edmund Calverlye^ 


Capt. Arther Fenner, 


Mr. Steven Wilcockes, 


Mr. Andrew Harris^ 


Mr. John Maxson. 



The Governor chosen Moderator. 
Joseph Torrey, Clarke of the Assembly, 
The persons chosen for publicke officers for the ensue- 
ing yeare are as followeth : 

Mr. Benedict Arnold, chosen Governor, engaged. 
Mr. Nicolas Easton, chosen Deputy Governor, engaged. 
Capt. John Cranston, Assistanty engaged. 
Mr. John Coggesball, Assistant, engaged. 



302 



RECORDS OF THE COLONY OF RHODE ISLAND 5 



1670. 



Mr. John 
Clarke re- 
fusing his 
place, Mr. 
Nich. Eas- 
ton chosen 
in his 
roome. 



Hr. Peleg 
Sanford re- 
fus ng his 
place, John 
Coggfshall 
was chosen 
in his place. 



Mr. William 
Harris and 
Capt. Fen- 
ner refuse- 
ing, Mr. 
Ro er Wil- 
liams chosen 



Mr. John Easton, Assistant, engaged. 

Mr. AVilliam Carpenter, Assistant, engaged. 

Mr. Roger Williams, Assistant, engaged. 

Mr. Thomas Olnye, Assistant, and engaged. 

Mr. William Baulston, x\ssistant, engaged^ 

Mr. John Tripp, Assistant, engaged. 

Capt. John Greene, Assistant, engaged. 

Mr. James Greene, Assistant, engaged. 

Joseph Torrey, Generall Recorder, engaged. 

Mr. James Rogers, Gen'U Sergant, engaged. 

Mr. John Coggeshall, Gen'U Treasurer, engaged. 

Mr. John Sanford, Gen'U Atorneye, engaged. 

Mr. Edward Richmond, Gen'U Solicitor. 

Yoted, that Mr. John Easton, Mr. John CoggeshaU and 
Mr. John Sanford, be requested to goe to Mr. John Clarke, 
Deputye Governor elect, to request his appearance in 
Court, to take his engagement, or to give his positive an- 
swer that hee will not. The returne of this Committee is 
such that the Assembly sees cause to proceed to elect 
another ; and Mr. Nicolas Easton is chosen in his 
roome. 

Voted, that Capt. John Greene and Mr. Caleb Carr be 
requested to goe to Mr. Peleg Sanford, elected Assistant, 
to desire him to come to the Court to take his ingagement 
or to give his positive answer that hee will not : and hee 
having refused to engage himselfe, Mr. John Coggeshall 
is chosen in his roome. 

Voted, that the two papers presented by Mr. John 
Clarke, be waved for the present. 

Whereas, there was a differance .about the choyce of the 
second Assistant for Providence, betweene Mr. William 
Harris and Capt. Arther Fenner, which of them was chos- 
en, &c.; and they both being not very free to accept vpon 
soe doubtfuU termes ; therefore, by the Assembly Mr. 
Roger Williams is chosen Assistant. 

Ordered, that the Recorders of this CoUony shall from 
time to time within twentye dayes after the dissoulving of 



AND PROVIDENCE PLANTATIONS. 303 

any Gennerall Assembly, send forth the coppies of the As- 1670, 
semblyes acts to the severall townes of this CoUony, and -"^v-^^^ 

Coppiea to 

the townes shall have libertye for ten dayes after to pub-e^^^^^j;'^^,. 
lish them. TJ^Ll 

There behig a petition presented by Benjamin Ilernden t« a^^' ^ 
for the remitting of a fine that was imposed on him by the p"''''"'"='^ 
Gennerall Court of Trialles, October the 20, 1669, the ^e'ns ""''" 
Assembly considering the matter and the grownds alledged °^"™'*' ' 
by him in his said petition, doe remitt the fine. 

Ordered, that Mr. Benjamin Smith is still continued in 
commission with Capt. John Greene in that business that 
they were imployed in by the Gennerall Assembly in 
March last, to treat with the Indians about John Carr. 

Ordered, that there bee a gennerall awditt to auditt all 
debts that are due to the Collony, and all debts that are 
demanded from the Collony. 

The Assembly considerino^ the great inccnveniancyeAnaudiu 

•/ ^ o ^ -^ for general! 

that fiills out by obstructing the payment of rates for dis- ='c'=°^'it*- 
charge of the Collony debts ; and finding that the obstruc- 
tion ariseth for a want of knowing the state of the Collo- 
ny's accounts, wdiich accounts ought to bee therefore 
speedily e auditted, that soe the aforesaid obstructions may 
be removed, &c. 

Bee it therefore enacted by the authority of this present 
Assembly, and it is enacted by the same, that there shall 
be a gennerall auditt of the said accounts, and the per- 
sones nominated and by the Assembly appoynted and dele- 
gated to heare and determine as an auditt in that matter, 
are Benedict Arnold, the presant Governor, John Sailes, 
Thomas Cornell and John Weekes, Sen'r ; and what they 
agree on as a just account, shall be authenticke ; and where 
they are doubtfull, they are to represent that doubt to the 
Gennerall Assembly for flxrther consideration. And far- 
ther it is ordered, that the said persones shall meet to 
transact the said business to auditt the foresaid accounts 
vpon Tuesday, the one and twentieth day of June now 
next coming, if extremitye of wether hinder not, which if 



304 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. it doe, then to meet as soone as with possabillitye they 
■^'^^^'-■^^^ can, after that day ; and the meeting to transact as afore- 
said, is to be at Capt. Morris' house, in the towne of New- 
port ; as also it is rerpiired that such of the Committee as 
are able to give information of the state of the accounts to 
them committed to gyt in of the sixe hundred pound rate 
made in the yeare 1664, doe alsoe attend at time and 
place aforesaid, to informe the aforesaid auditt ; and that 
whose ver else supposeth there is any thinge due to them 
from the CoUony, doe make applycation to the said auditt 
in order to prove the justice of their demands ; as alsoe 
whoever in this jurisdiction the said auditt shall see cause 
to call to give account of any thinge that hath been due or 
supposed due from the said person or persones vnto the 
Collony, such person or persones are to attend in order to 
make appeare how they have discharged the same, that 
soe the said auditt may thoroughly inspect the state of the 
Collony's accounts, and returne the same to the Assembly 
for a proceed in paying and receiving what appears due. 
And in case any of the above named auditt shall happen to 
dye or to be otherwise disabled before the auditt be per- 
fected, then the towne of which such person is, shall 
without delay meet and appoynt another to supply the 
roome of the said partye in the said auditt, and wherein 
the auditt shall find any towne defective when accounts 
are auditted in the payment of their part they were 
assessed to pay of the said six hundred pound rate, the 
said auditt are commissionated and desired forthwith to re- 
quire such towne to pay the same, and shall appoynt some 
person to receive it, and give discharge for the same vpon 
receitt thereof ; and if any towne neglect the said auditts 
order therein as to time and manner of pay, then the 
Treasurer of such towne shall be distrayned vpon for the 
same, by warrant from the Governor, or to the Sheriff of 
the Collony. 
The Audit There being a motion proposed by Mr. William , Harris 

til gather ... 

^Tnean ^^ appoyut some to perswade to a presant contribution on 



AND PROVIDENCE PLANTATIONS. 305 

he Collony's account to pay Mr. Richard Deane, in Eng- 1670. 
land, &c. The Court doe soe far approve of the motion ^-*»--v-*^ 
that they doe request those that are appoynted, to be the 
audittors for the worke, and doe request the aforesaid gen- 
tlemen to doe what they can as to the accomplishment 
thereof, and to assure them that by them it is moved that 
it shall be repayed them out of the next rate. 

The Assembly takeing into consideration the addresses Petition for 
made by Mr. Thomas Terrey and Mr. Hugh Williams of Block island 
Block Island, desiring of the Assembly to order that they 
that are inhabitants of the said Island may have the coun- 
tenance of this government in attempting and proceeding 
to make a conveniant harbour there, to the incouradging 
fishing designes, which for want of a harbour cannot com- 
fortably bee carried on ; and farther the Assembly being 
very well affected to carrying on the said designe of fish- 
ing, doe enact and declare, that the said inhabitants are 
authorized to vse all fitting indevers to accomplish the 
same, and doe very much commend their worthy inten- 
tions therein, and will vpon all occationes be ready by all 
acts of favorable countinance to incorradge them therein : 
and whereas it is hoped severall, both of this Collonyand oth- 
ers, will contribute to soe good a worke as to make a harbour 
in the said Island, therefore in order to incorradge such as 
shall contribute thereto, it is ordered, that for the presant 
and till farther order, that Mr. Caleb Carr and Joseph. 
Torrey, of Newport, be desired and authorized to improve 
their indevers in pers wading to such contributions and to- 
keep account what and by whome is thereto given, that, 
the money may be improved to the matter intended, and 
not otherwise imbezzled : provided, that the harbor shall 
be as free and common to all his Majestyesliege people as 
any other harbor in this Collony is or. shall be from time 
to time, without any toll or impost. 

Ordered, that the Recorder shall, have from each townethfeKecoid. 

erito have 

for each coppie of this Court's pr()ceedings>ten shillings.. *.*^4^j||*°^^ 

VOL. II. 20> town coppie 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Generall Assemhlij held for the Collony 
of Rhode Island and Providence Plantations at Newport, 
Jime the 1th, 1670. 

Mr. Benedict, Arnold, Governor. 

Mr. Nicolas Easton, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Olnye, 
Mr. William Baulston. 
Mr. John Tripp, 
Capt. John Green, 
Mr. James Greene. 



DEPUTIES. 



Mr. John Clarke, 
Mr. Caleb Carr, 
Joseph Torrey, 
Mr. William Weeden, 
Mr. Richard Bay ley, 
Mr. Edward Greenman, 
Mr. Thomas Olnye, Sen'r, 
Mr. Thomas Feild, 
Mr. Steven Arnold, 
Mr. Thomas Roberts, 



Mr. Joshua Coggeshall, 
Capt. Samuell Wilbour, 
Mr. Robert Hazzard, 
Ensigne Lott Strange, 
Mr. Thomas Greene, 
Mr. Job Almye, 
Mr. Amos Westcott. 
Mr. Samuell Stafford, 
Mr. John Crandall, 
Mr. John Randall. 



Instruc- 
tions for a 
Committee 
to Conecti- 
icott. 



The Governor chosen Moderator. 

Joseph Torrey, Clerk of the Assembly. 

Ordered,* that Mr. Roger Williams, Mr. Rich. Bailey 



Appointment of Commissioners hij Rhode Island to treat 
with Commissioners from Connecticut. 

To all porsous to whome these presents shall come or coneerne, the Generall 
Assembly of his Majestjes Colony of Rhode Island and Providence 
Plantations, in New England, &c., sendcth greeting : 



AND PROVIDENCE PLANTATIONS. 307 

and Joseph Torrey be desired to draw vp instructiones for 1670. 
those that shall be appoynted to treat with those that shall ^>-*->'-*»^ 
be commissionated by Conetticott. 

Voted, that the instructiones drawn vp and read in 
Court, are approved of. 

VS^her:as, wee are iuformed that our beloved friends the Generall Assembly 
of his Majesties Colony of Conecticot, in New England, aforesaid, haue ap- 
pointed time and place for a loving treatye, to bee had between these his Majes- 
ties Colonies aforenamed, by three persons of each the said Colonies mutually 
chosen and therevnto appointed and fully empowered by each the said respec- 
tive Colonies to meet at New London, vpon the second Tuesday in June, in 
1670, being the 14th day of the said moneth and then and there to treat off, 
and if it may bee, fully to conclude a finall accord betweene the said Colonies 
for about and concerning boundaries, and any other matters of generall con- 
cernment between them and us. 

Know yee, that wee haueing an especiall regard vnto a leueing correspond- 
ence in all wayes of peace and justice and friendly neighbourhood to and with 
all his Majesties Colonies and plantations in New England among or neere vn- 
to whome wee are by Divine Providence seated, and more particularly to and 
with our aforesaid honored and beloved ffriends and countrymen his Majesties 
Colony of Conecticot. Wee haue therefore, readily and willingly accepted of 
the aforementioned time and place for a treaty between them and vs, by three 
Commissioners on each part mutually chosen and impowered ; and to that end 
we haue chosen, and by these presents doe for and in behalfe of his Majesties 
Colony of Ehode Island and Providence Plantations aforesaid, nominate, ap- 
point, ordaiue, constitute and fully authorize and empower our trusty and well 
beloved friends, Capt. John Greene, Assistant, Lieftenant Joseph Torrey, 
Generall Recorder and Clerk of the Assembly, and Mr. Richard Baily, Secre- 
tary to the Couticill, to repaire vnto New London in the Colony of Conecticot, 
and to make a full and finall accord of all matters relateing to bounds, or any 
other things of generall concernment between them and vs, the two aforenamed 
Colonies (according to his Royall Majesties gracious Charter of incorporation 
giuen, granted, and committed vnto the trust of the Governor and Company of 
his Majesties Colony of Rhode Island, &c., and by venue of the same royall 
power of late by his Majesties Honorable Commissioners, more perticularly in 
that part called the King's Province, recommended to the more especiall care 
of the Governor, Deputy Governor and Assistants of this Colony, &c.), and 
whatsoever they shall accordingly doe therein, and giue vnder their hands and 
scales shall bee as authenticke as if done by this Assembly ; and in witness 
hereof, wee haue caused the scale of the Colony to bee herevnto afiBxed, as alsoe 
the Governor hath herevnto signed. BENEDICT ARNOLD, Governor. 
Given by the Generall Assembly of his Majesties Colony of Rhode 
Island and Providence Plantations, sitting at Newport, this 
the 7 th day of June, 1670, and in the 2 2d yeare of hia Majesties 
reigne. 

Signed by their order per me, 

JOSEPH TORREY, Generall Recorder. 



308 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. Voted, that Capt. John Greene is chosen to be one to 
^-*-^^-*^ goe to New London to meet with Coneticott Commission- 
ers, Joseph Torrey the second, and Mr. Robert Baily, 
third. 

The names and snmes of such as for the prcsant lay 
Money downc moncv to accommodate those withall that s:oe to 

gathered for '' 

mfttee""" Now London : the Governor, ten shillings ; Mr. Carpen- 
ter, eight shillings ; John Whipple, one shilling ; Andrew 
Harris, one shilling ; Mr. John Easton, four shilhngs ; 
Capt. Wilbour, five shillings ; Mr. Caleb Carr, five shil- 
lings ; Mr. Thomas Olnye, two shillings ; Thomas Rob- 
erts, one shiUing ; Mr. Thomas Feild, two shillings ; Mr. 
James Greene, two shillings; sixpence ; Mr. John Trip, 
two shillings ; Wm. Weeden, three shillings ; Mr. John 
Coggeshall, three shillings ; Mr. Joshua Coggeshall, four 
shillings ; Mr. William Harris, five shillings. 

Ordered by the Court, that it is and shall be lawfull for 

Committee thosc that arc commissionated to goe to New London to 

to press 

horses, presse any horse or boate or any other furniture for them, 
or to transport them and their horses, and to charge it to 
the Collony's account. 

Ordered, that a coppie of the agreement betweene Mr. 

Mr. Win- John Winthrop and Mr. John Clarke, shall be drawne out 

throp and ■*■ ' 

^gre^ment!'' vnder thc Secretary's hand, and the seale of the Councill 
af&xed thereto, for the aforesaid Commissioners to have 
along with them to New London [see Colony Records, 
Vol. i. p. 518]. 

Ordered, that all papers and writtings that are in the 
Governor's hand, or Mr. John Clarke, or Recorder's, or 
any man's hand, that may conduce to the aforesaid trea- 
tye, bee delivered into the hands of the abovesaid Com- 
missioners, to furnish them the more suitablye for the 
aforesaid treaty e. 

Ordered, that the Secretary shall have fifteene shillings 

Thesecreta-for drawing over those writtings that hee is to draw over 

ry to have 

iifteene 

shillings. 



fifteene for to goc to thc trcatye. 



There being a motion proposed that there may be liber- 



AND PROVIDENCE PLANTATION'S. 309 

tye for to make choyce of such places as they may see or 1670. 
judge them fitt for as Constable, Sargant, &c. v^-^-n.-^^ 

The Court sees cause to refer the consideration to the 
next Generall Assembly. 

Ordered, that the Recorder shall have five shillings for The Recoid- 
-cach coppie of this Court's proceedings vnder the scale, fijeshimngs 
and to fix the scale to the commission for the Commission- "^"pp'^- 
■ers aforesaid. 



DOCUMENTS RELATING TO THE DISPUTED JU- 
RISDICTION IN THE NARRAGANSETT COUN- 
TRY. 



Proceedings of the General Assembly of Connecticut. 

At a General Court hoiden at Hartford, May 12, 1670, this Court nominates 
and appoyntes the Deputy Gouernor, Wm. Leete, Esq., Mr. John Allyn, Mr. 
James Richards, Capt. John Winthrop, and Capt. Benj. Newbery, or any 
three of them, to be a Committee to meet at New London on the second Tews- 
'day in June next, then to ti-eat with those gentlemen that shall be appoynted- 
sent and impowered by the Colony of Rhode Island, about the Charter 
bownds between these Colonyes, and concerning any wrongs that the people 
of this Colony haue receiued from the people of that Colony ; and they are 
inuested with fuFi power and authority not onely to treat but to conclude the 
diflfereuces forementioned according as they shall see just cause. 

In case the gouernment of Rhode Island shall neglect or refuse to joynewith 
us in the treaty forementioned to effect and sattisfaction, then the sayd Com- 
mittee are inuested with full power and authority to reduce those people of 
Squamacuk and Narrogancett to the obedience of this gouernment, and to 
grant liberty to the grieued parties by a process in law to prosecute those that 
have injured them, and to command those people of Squamacuck to appeare 
before them and make answer to those complaints that are made against them, 
at a court to be hoiden in the Pequitt or Narrogancett country, the first op- 
pertunety after the time of the foresayd treaty is expired. And those afoar- 
sayd gentlemen are hereby authorized to appoynt a time and place for a 
Court, and accordingly to keep the sayd Court, and to hear and issue accord- 
ing '.t® justice a)l snch actions and complaitts as shall be brought before ttliem- 



310 RECORDS OF THE COLONY OP RHODE ISLANI>, 

1670. -^^^ ^^'^'5' tliey are hereby impowered to constitute and appoynt such officers 
_ ^___^ _. in those places as shall be requisitt for the peaceable goverumeut of those 
people. — Col. Rec. of Connecticut. 

Letter from Connecticut to Rhode Island. 

Honored Sirs : You may hereby be informed that seuerall gentlemen of the 
Massachusetts and the inhabitants of Stonington whoe haue proprieties in tlie 
Pequit and Narragancett country haue made diuers applications to this Court 
declaring great wrongs and injuries that thej haue receiucd of the people now 
inhabiting those lauds as they say, and haue declared themselues ready in a 
legall way to enter process by way of action and complaint against those per- 
sons who haue injured them, which made the Court formerly to commission- 
ate J[ohn] A[llyn] and T[homas] S[tanton] to treat with yourselues, the 
Gouernorand Councill of Rhode Island, concerning those matters, which treaty 
was not successfull as to the end proposed, yet the Couit willing to attend all 
wayes of peace with you our neighbours of Ehode Island, October, 1668, made 
another proposall to said gouernment of a farther treaty at New London, the 
Nouember or March following, which you should be pleased approue, and ira- 
powered seuerall gentlemen to attend the same ; but this proposall was not 
by you attended, whereby our desires of a neighbourly correspondency with 
your selues were disappoynted ; since which time in October last ws certyfied 
seuerall of those whoe were complayued of, that we had appoynted a Commit" 
tee the third Wednesday in the Nouember following to hear those complaynts ; 
but none of them appeared before the Committee the time prefixed. Then the 
sayd Committee by letter to Mr. John Crandall, &c., aduised them to endea- 
uour a loueing agreement with those who complayned of them, but nothing hath 
been endeauoured that way that we hear of; these seuerall motions of ours 
proueing so inefifectuall to the promoting of peace between us, hath allmost 
discouraged us from any farther labor in that matter. But being still followed 
with renewed complaynts from the persons aforesayd, we are willing to make 
an other essay for a peaceable issue if it may bee obteyned ; and in order 
therevnto, we propound that if you please to attend it, we haue norainated 
and approued three or fowre gentlemen to meet with so many of yours at New 
London the second Tuesday in June next, fully to determine all differences be- 
tween you and us in refference to the setling of our just bownds, &c., and shall 
attend the same ; if youreselues see cause to signify your concurrence, and that 
yott will attend the same ; but in case you shall be pleased to slight and neg- 
lect this proposall, we shall conclude it in vayne further to moue towards you 
in such waye, and shall address our selues to put in practice what duty re- 
quires of us in order to the releif of our oppressed neighbours, which will be a 
seruice we doubt not, acceptable to God and pleasing to our Soueraighn 
which is all at present from your most affectionate reall freinds, the Geuerall 
Assembly of Couecticut. Signed by their order per me, 

JOHN ALLTN, Sec'ry. 

These, for the worshipfull and much honoured the Gouernor of his Majes- 
ties Colony of Rhode Island and Providence Plantations. 



AND PROVIDENCE PLANTATIONS. 311 

1670. 

Petition of George Denison and others to the Generall As- v-^-v-w/ 
semhly of Connecticut. 

May the 13th, 1670. 
To the Honored Generall Assembly of the Collonie of Conecticot now sit- 
ting at Hartford, the humbly petition of the inhabitants of Stoningtown, 
humbly sheweth : 
That whereas, as your petitioners haue bin great sufferers by the illegal! 
and forcable intrutioues of a sertaine company of persons from Road Island 
vpon oure touneship, vuto our extreame trouble and damage, the which hath 
obliged us to apply to your honored selues for releefe, the which, together 
with the motion of the Commitioners of the vnited Collonies, hath so prevail- 
ed, as that by your authority there was a Committee chosen and apoynted to 
heare our complaints, etc. : vnto whome also we haue made our addreses by 
our agents ; and also by our petition, wherein as breefly as we could, we in. 
devored to make them seucable of our oprestious and the great nesesity of ex- 
zerting their authority in our behalfe ; and although they saw cause not to put 
forth any ackt of power for the suppressing of our opressors, yet we receiued 
incoragement from them, that at this Generall Assembly there would be sume 
effectual! course taken in the case, in expectation whereof, and in reference 
therevnto that this Honored Court may be more sencable of our condition and 
sufferings, we humblye craue that you would be pleased to take a vew of our 
petition, presented vnto the Committee, wherein there is in sume meassure our 
case declared, as also that we may haue opertunity giuen us, as need and oca" 
tion shall bee, to speak for ourselues, and we shall contenue to pray. 
GEORGE DENISON, THO: STANTON, 

AMOS RICHARDSON, SAMUELL CHESEBROUGH. 

In behalfe and by order of the inhabitants of Stonington. 

Governor Winthrop's dissent from the exercise of power east 
of Pawcatuck river. 

To the Honored Generall Assembly now at Hartford, in Conecticutt 
Colony. 

Whereas, there was a writeing drawne of the advice of some gentlemen 
in England for agreement betweene Mr. John Clarke of Road Island and | 
myself, about some limitts betweene the Colony of Conecticutt and Ilo;).d i 
Island, which said writing was likewise signed and sealed by Mr, Clarke . 
and myselfe interchangeably ; and whereas there hath beene motions for- 
merly from our Court, to the Court of Road Island, for a treaty^be- 
tweene some from them, and some from our Court impo.wered, which by 
some accidents could not yet be accomplished ; pjoA whereas in respect 
to that foresaid writing, the Court was pleased to give me liberty from 
acting in any matters which concerne those parts in difference betweene 
this Colony and Road Island vntill these differences in the said writing 
mentioned should be issued according to the intent cf the said .writing ; 
in consideration of which premises, I am necessetated heerby to make, 
knowne to this honorable Court my dissent from exerting power of juris- . 



312 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. tliction over the people, on the east side of Pawcatuck river and Narra- 
. . gansett country, vntill his Majesties pleasure bo further knowne, or the 

matters issued by a treaty between sonre impowered from this Colony 
and Road Island. JOHN WINTHROP, Gouernor. 

May 17, 1670. 

Proceedings of the Commissioners of Connecticut and Road 
Island. 

New London, June 14th, 1670. 

We began our treaty with the gentlemen commissionated by the Colony 
of Rhode Island, and proceeded as follows, they resolueing not to treat 
any other wise but by writing. 

Gentlemen : Seeing you desire to hauc us make our demands of you in 
writing, to accommodate you therein, first demand that you may know 
our demands. That which we shall begin with is to demand of your Colo- 
ny that we may haue quiately and peaceably gouernment and improue- 
ment of all that part of his Majesties dominions granted to us by Charter, 
dated Aprill 23, 1662, in the fourteenth year of his reign, which are thus 
abutted on the east by Narrogancett river, commonly called Narrogan- 
cett Bay, where the sayd river falleth into the sea, and on the north by 
the lyne of the Massachusetts plantation, and on the south by the sea; 
and in longitude as the lyne of the Massachusetts Colony, running from 
east to west : that is to say, from the Narrogancett Bay on the cast, to 
the south sea on the west part, with the islands thereunto adjoining ; part 
of which, some vnder pretence of authority from your Colony, haue dis- 
turbed some of ours in the possession and improuement thereof. 

J[OHN] A]LLYN], [Capt.] J[OHN] W[INTHROP]. 

J[AMES] R[ICHARDS]. 

Letter to the Commissioners in hehalfe of the Colony of 
Connecticut. 

New London, June 14th, 1670. 
Gentlemen: In answer to yours, dated this day, wee reply: that by 
the Narragansctt river or Bay, you intend that river which hath been 
owned by the agents of both Colonies to bee the Narragansett river men- 
tioned in your grant, and which by his Majesties gracious Charter 
granted to vs, is beyond all exception determined to bee the Narragan- 
sett river, nominated as the eastern bounds of your Colony, and the 
western bounds of ours, and expressly defined to bee the Narragansett 
river mentioned in your Charter ; then wee agree it shall for ever soe bee 
and remaine ; but if you meane any other, then wee desire you would 
plainly and cleai'ly declare vnto vs what river you intend, and wee shall 
returne you a positive answer. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
'Commissioners on the behalfe of his Majesties Colony of Rhode Island 
and Providence Plantations, &c. 

To the gentlemen Commissioners, in behalfe of his Mfijesties 
Colony of Conecticott. These present. Att New London. 



AND PROVIDENCE PLANTATIONS. 313 

Second reply. Gentlemen : To yours we reply, that by Narrogancctt 1G70. 
river, we mean that which was granted, and knowne by that name then, .^ ^_ _ _^ ^ 
and more than thirty yeares before, and not any river new named since 
our Charter was granted. J[OHN] A[LLYN], 

J [AMES] R[ICHARDS], 

New London, June 14, 1670. [Capt.] J[OHN] W[INTHROP] . 

Gentlemen : To yours wee return, that that river only can be con- 
ceived to bee the Narragauset river mentioned in your Charter which his 
Majestic hath declared hee did intend by that name at the time of your 
grant. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
Commissioners on behalfe of his Majesties Colony of Rhode Island and 

Providence Plantations. 

To the gentlemen Commissioners for his Majesties Coleny of Conecti- 
cott. These present. At New London. 

Third reply. Gentlemen : We concurr with you that that river onely 
can be conceiued to be the Narragancett river mentioned in our Charter 
which his Majestie hath declared in our grant he did intend by that name 
at the time of our grant, which was that which was commonly knowne 
by that name of Narrogansett river, there be witnesses enough sufficient- 
ly acquainted in these parts of the country, that can fully informe you 
where Narrogancctt river is and hath been knowne to be many years. 
Sirs, if it be your pleasure to treate with us in writing, and intend to 
mono therein as you begin, its possible we may more weaiy one another 
than add any thing to the promoteiug of a peaceable agreement between 
those two Colonys whose agents we are, but we are attending to receiue 
your promised answer to our former, sent you. 

J[OHN] A[LLYN], 
J[AMESJ R[ICHARDS], 

New London, June 15, 1670. [Capt.] J[OHN] W[INTHROP]. 

New London. June 15, 1670. 
Gentlemen : His sacred Majesty whose prerogative it doubtless is to 
expound the words of his own grant (for the issueing of all disputes) hath 
declared Pacatuck alias Pawcatuck river, shall forever bee construed, 
deemed and taken to be the Nan-agansett river, mentioning our Charter 
as the easterly bounds of your Colony ; our gracious Soveraigne 
haveing thus clearely demonstrated who and what the Narragansett riuer 
is, wee suppose noe subject will presume to say it is any other; but if 
the said Pawcatuck river bee not that you intend, pray lott vs know in 
what part of the country your Narraganset river is, and wee shall wait 
vpon you ii^ all just wayes that may conduce to settle a peaceable and 
final agreement between you and vs. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
Commissioners, in behalfe of his Majesties Colony of Rhode Island and 
Providence Plantations. 

For the gentlemen Commissioners for his Majesties Colony of Conecti- 
cot. These. 



314 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. Fourth reply. Gentlemen: To reiterate the same thing againe and 
.^m-^-^^- againe is tedious and unproffitable, you cannot but clearly understand our 
demand and what we intend by Narrogaucet riuer or Bay, &c. ; you 
know our demands, please to giue us a positiue answer, either in the af- 
firmatiue, or if in the negatiue, your reasons, and that will soone bring 
us to the marrow of our debate. As to what yoa speakeof Majesties pre- 
rogative, we doe not justle with that ; what we labour in is to manifest 
that we doe not slight but meynteyne what ever of his abundant grace he 
hath freely our Charter granted us. 

J[OHN] A[LLYN], 
J [AMES] R[ICHARDS], 
Now Loudon, June 15, 1670. [Capt.] J[OHN] W[INTHROP]. 

New London, June 15, 1670. 

Gentlemen : Wee cannot but admire you should complaine of reitera- 
tions. We haue clearly signified what wee vnderstand to bee the Narragan- 
sett river mentioned in your Charter, but haue not received soe much as a 
line from you that can intimate whore you suppose the said Narragancett 
riuer to bee. If you please to specifie any other to bee it besides that 
commonly knowne by the name of Pawcatuck, wee shall discourse there- 
vpon with you. If you will vndertake to make good such an assertion, 
all the neighbour Colonies know that not only by virtue of our Charter 
by a more speciall commission derived from his Majestie. Wee have for 
severall yeares exercised jurisdiction to the said Pawcatuck river, and 
that the inhabitants of the Nahantick or Narragangsett countries (haue 
without any scruple), yielded obedience to the authority there established 
by vs ; and some of Conecticot Colony haue applied themselues for jus- 
tice vnto the officers there constituted, and alsoe made theire addresses 
vnto our Generall Court, complaining of some injuries there sustained. 
Wee hope you will noe more demand our reply to incertainties, but 
clearly signifie where you fix your bounds, which will bee a very hope- 
full expedient to put a period to these (as you say) tedious objections. 

JOHN GREENE, 
JOSEPH TORREY, 
RICHARD BAILY, 
Commissioners on behalfe of his Majesties Colony of Rhode Island and 

Providence Plantations. 
To the gentlemen Commissioners of Conecticut, &c. 

Fifth reply. Gentlemen : We cannot but admire with you that when 
we speake playne English, it should be so difficult for you to understand 
us. By Narragancett riuer or Bay, we haue told you we mean that riuer 
or Bay which hath been known by that name this thirty yeares, both by 
English and Indians. As yet wee doe not understand that Pawcatuck 
was euer called Narragancett. When our Charter was granted, we sup- 
posed some of yourselues know that better than us ; yet if you please in 
behalfe of your Colony to engage not to interrupt us in that peaceable 
improuement of our lands, and exercise of gouernment to Narragancett 
Bay or riuer, we will call sufficient euidence that shall shew you and us 



AND PROVIDENCE PLANTATIONS. 315 

which is the Narragancett riuer or Bay. As for the addition mentioned, 1670. 
of a special! commission besides your Charter, we know not what you in- .^^ ^^-^ _. 
tend by it ; we haue not seen any such commission, that you haue exer- 
cised power to Pawcatuck riuer. We doubt not but how regular we query, 
for the submission that hath been yeilded to your power by the people ; 
you mention we are strangers to it, we haue cause to question whither 
it were not forced than by choyce, at least with many, and for what jou 
mention of addresses made to your Generall Assembly, &c., by some of 
ours, we are ignorant of it yet we doe not see that you proue that your 
so doeing was regular, or that it did giue you any lawfuU power or righto 
to exercif^e gouernment ouer them, no more than our Generall Courts 
complaining to you of wrongs our people haue receiucd by yours, giues 
you power to exert authority our them. Gentlemen, we rest, way ting 
your performance of your promise to us in your former. 
J[OHN] A[LLYN], 
J[AMES] R[ICHARDS], 
New London, June 15, 1679. [Capt.] J[OHN] W[INTnROP]. 

New London, June 15, 1670. 
Gentlemen: Wee hau« waited some certain inform.ation from you- 
whereal touts the I'iver you call Narragansett river is which you claime 
for the eastern bounds of your patent. Wee knowing noe other riuer 
called by that name, but that already determined by his Majestic, to 
witt : Paucatuck, alias Pawcatuck. Neither dare wee owne any other 
besides that which is soe expressly declared by his Majestie to bee the- 
Narragansett river mentioned in your Charter as needeth noe explica- 
tion, vnto which said river woe haue full power of jurisdiction, not only 
by vertue of his Majesties royall grant,.but also more perficularly in that 
part called the King's Province recommended to the more especiall care 
of the Governor, Deputy Governor and Assistants of our Colony by his 
Majesties Honorable Comirissionei's order vnder their hands and seales; 
in obedience where vnto wee have exercised authority accordingly, and' 
the inhabitants thereof haue voluntarily submitted therevnto ; and as for 
many persons that haue or shall address themseluesto our Courts for jus- 
tice, wee shall (as God shall enable vs) administer the same. Gentle- 
men, for a further manifestation of our willingness to come to an agree- 
ment, wee declare that wee are ready to impower persons to lay out the 
division line wliich is by his Majesties order to run from the said river 
to the south line of the Massachusetts Colony, as the bounds between 
you and vs. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
Commissioners in behalfe of Rhode Island, &c. 
To the gentlemen Commissioners in behalfe of Conecticot, &c. 



Sixth reply. We doubt not but you fully understand our bounds ac- 
cording to Charter, and that the riuer that falls into the sea or Bay of 
Narragancett, mentioned in our Charter, is that riuer that runns dawn 



316 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. by Mr. Blackstone's and meets with the salt water within three miles be- 
■_^ _ -^_- low the sayd Blackstone's house; we need not therefore farther explaine . 
And (if we mistake you not) your answer is in the negative that you will 
not agree with us in our demands, but seem fully to assume gou ernment 
ouer all the lands beyound Pawcatuck riuer. Your reasons are ground- 
ed on your Charter which (allso) includes the agreement and his Majes- 
ties Commissioners recommendation, &c., to which we answer that com- 
l^ferelng the dates of the respective Charters, we find ours the first 
granted ; and so of right ought to take place, and as to the agreement 
(which is the ground of your nonobstantee) , and the perticuler pretended 
security of your Charter, we are ready to offer and attend a personall 
treaty which we judge the most hopefull expedient for a speedy issue ; 
and as to what you speake of his Majesties Commissioners, their recom- 
mendation, &c. When that appeares, we haue farther to discourse on 
that acount. J[OHN] A[LLYN], 

J[AMES] R[ICHARDS], 
New London, June 15, 1670. [Capt.] J[OHN] WflNTHROP], &c. 

New London, June 15, 1670. 
Gentlemen : Wee doe not (nor never did) vnderstand that the river 
that runs downe by Mr. Blackstone's, and meets with the salt water 
within three miles of the said Mr. Blackstone's house, is the Narragansett 
river mentioned in your Charter ; but if you will affirme that to bee it, 
wee answer in the negative, and shall attend a personall treaty according 
to your offer. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
Commissioners on behalfe of Rhode Island, &c> 
To the gentlemen Commissioners, in behalfe of Conecticot, &c. 

Seventh reply. In answer to this paper, we tould the gentlemen sub- 
scribed, we would of the morrow morning meet them, and treat with 
them. J[OHN] A[LLYN], 

J[AMES] R[ICHADS3, 

June 15, 1670. [Capt.] J[OHN] W[INTHROP]. 

New London, June 16, 1670. 
Gentlemen : Wee did desire, and you did agree that your demands 
should be in writing Wee are therefore attending for an answer of our 
last to you, which when wee haue, wee shall be ready to make good our 
promise. JOHN GREENE, 

JOSEPH TORREY, 
RICHARD BAILY, 
"Commissioners on behalfe of Conecticot, &c. 

New London, June 16, 1670. 
Eighth reply. In answer to this, we tould the gentlemen subscribed, 
that according to our promise the last night, we wayted upon them for a 
treaty. J[OHNj A[LLYN], 

J[AMES] R[ICHARDS], 
JaiKe 1^ 1670, iCapt.] J[OHN] WflNTHROPJ, 



AND PROVIDENCE PLANTATIONS. oVi 

New London, June 16, 1G70. 1670. 
Grentlomen : Wee hoped you would haue giuen vnder your hands this ,^^_,.^,,.^ 
morning, that as your vnderstandings which last night did seeme soe 
plaine to you that (you sayd) you did not doubt but it was our vnder- 
standings alsoe ; but seeing you are willing wee should belieue that 
Avhich you will not assert, and will not affirme where Narragansett river 
is, that wee might know how farr (you say) your jurisdiction doth extend, 
and soe come to a treaty accordingly ; wee doe hereby signifie that wee 
doe fully and plainly vnderstaud Pacatuck, alias Pawcatuck river, to be 
the Narragansett river mentioned in your Charter. And this our vnder- 
stauding is not grounded vpon the vncertaine or various reports of eitheir 
English or Indians, but vpon his Majesties gracious and absolute deter- 
mination in that respect. And whereas, in his Majesties will and plea- 
sure, that in all matters of publick controversy which may fall out be- 
tween our Colony and any other of his Majesties Colonies in New Eng- 
land, it shall and may bee lawfull to and for the Governor and Company 
of our Colony to make their appeale to his Majestic, his heires and suc- 
cessors, for redress within his realme of England, wee doe in pursuance 
thereof, and in obedience thereunto declare that in case you refuse to rest 
sattisfied in his liajesties determination ; but shall exercise jurisdiction 
within the bounds of our Charter : wee doe in behalfe of the Governor 
and Company of his Majesties Colony of Rhode Island and Providence 
Plantations, &c., appeale vnto his Majestic for redress within his realme 
of England ; and in the meane time and vntill his royall pleasure bee de- 
clared, wee shall in a faithfull discharge of the trust reposed in vs by his 
sacred Majestic, governe and rule the people inhabiting within our Colo- 
ny, according to justice and equity,, as for severall yeares we haue done, 

JOHN GREENE, 
JOSEPH TORREY, 
RICHARD BA'ILY, 
Commissioners in behalfe of Rhode Island, &c. 
To the gentlemen Commissioners of Conccticot,^ &c>. 

Ninth reply. Gentlemen : We understand not your method in your 
last paper. We judge the present occasion of our meeting was aloueing- 
treaty for an accommodation between the two Colonyes ; in order to that, 
we had thoughts of some accommodating proposalls,.had you been pleased 
to haue giuen us the opportunety in a personall treaty ; but seeing you 
resolue to break of your treaty here, and assert your right of gouern- 
ment to Pawcatuck river notwithstanding the priority of our Charter, but 
allrio positiuely contrary to your agents agreement (although by yoU' 
pi'omised), you will not so much as treat about, we can doe no less than 
(as we haue formerly and now agayne made our just demands according, 
to the premises) farther consider and attend what is our duty for the 
peaceable and religious gouernment of those put under our care, not 
doubting but in so doeing, wee shall be well able to justify and defends 
o-urselues before his Majestie, when we are called thereunto. 
J[OHN] A[LLYN], 
J[AMES] R[ICHARDS], 

New London, June 16, 1670 [Capt.] J[01iN] W[INTHROP], 



318 RECORDS OF THE COLONY OP RHODE ISLAND, 

1670. "^^^^ euening after the treaty was issued, this we read at George 
^ , Tongs house, in New London ; whereas, we haiie been authorised by his 

Majesties Colony of Conecticott to treat with the gentlemen commis- 
sionatod by the Generall Court of Rhode Island, &c., to make a full and 
finall accord of all matters relating to bownds, &c , between them and 
us, we th;)Ught good publiquely to declare that we haue attended the 
same according to our best skill ; and yet finding our indeauours inef- 
fectuall for the attayning of such an accommodation as we hope for, we 
purpose as God shall enable us, to proceed in the establishing of gouern- 
ment at Squamacuck and Narrogancett, constituting and appoynting such 
necessary officers amongst them as may be requisite for the peaceable 
and religious gouernment of those sayd people, according to the com- 
mission we haue receiued from his Majesties Generall Court of Conecticut. 
J[OHN] A[LLYN], 
J[AMES] R[ICHAR])S], 
New London, June 16, 1670. [Oapt.] J[OHN] W[INTHROP], 

Ads of the Commissioners of Connecticut assembled at 
Wickford, §'C. 

Whereas, our most gracious Soueraigne Lord, Charles the Second, of 
England, Scotland, France and Ireland, King, defender of the fayth, 
hath of his princely care, Avisdome and goodness prouided for the gou- 
ernment of his subjects planted in this Colony (as by his royall Charter 
under the great sea.le of England, bearing date 23d of Aprill, in the fowr- 
teenth yeare of his Majesties raign may appeare), in which sayd Charter 
the gouernment of the people inhabiting within the limitts granted to this 
Colony of Connecticutt, is commended and committed to the care of the 
Goueruor and Councill or Generall Assembly of this Colony, which sayd 
Generall Assembly for seuerall yeares haue been followed with com- 
plaints and petitions from seuerall gentlemen and others, inhabitants 
and proprietors of the Pequit and Narrogancett country (whoe undoubt- 
edly under the gouernment of this Colony, both by Charter and agree- 
ment between our Gouernor audMr. Clarke), whoe haue earnestly sought 
for a settlement of gouernment amongst them, that they might be pro- 
tected in wayes of Godlynes and honesty. The sayd Court of Conecti- 
cutt haueing endeauoured by amicable meanes and treaties to settle an 
accord or agreement between this Colony and Rhode Island Colony, &c. 
But yet findeing all endeauours fruitless and ineffectuall, the sayd Gen- 
erall Court of Conecticutt haue themselues been obliged to consider further 
of the matter, and to renew and establish gouernment in those places, and 
accordingly haue impowered us as Commissioners, whoe in the name of 
the Generall Court, doe declare that the people of Squamacuck, being 
part of the township of Stonington, are of right under the gouernment of 
this his Majesties Colony of Conecticutt, and we doe by their order in 
his Majesties name i-equire you to submit to the gouernment, whoe will 
be careful! to administer equall justice to you, and not disturb you in the 
quiat possession of your just rights. JOHN ALLYN, 

JA.MES RICHARDS, 

Stonington, June 17, 1670. [Capt.] JOHN WINTHROP, 

Commissionated by his Majesties Colony of Conecticutt. 



AND PROVIDENCE PLANTATIONS. 



319 



John Frinck was by a warrant ordered hj us to wariie the inhabitants 1670. 
of Stonington resident on the east side of Pawcatuck riiier to appearc at _-- ^_ 
Capt. Gookin's house this 17th of June, 1670, to attend what we had to 
communicate to them, which was the aboue written declaration ; but they 
not appearing, the declaration was publiquely and audibly read (by 
Samuell Cheesebrough, Marshall protempore) on Capt'n Gookin's land, in 
the audience of diuers witnesses. 

The night foUoweing, we had intelligence that Tobias Sanders had 
granted a warrant, by which warrant James Badcocke, Sen'r, had ar- 
rested said John Frinke, Benj. Palmer and Thomas Bell, and that the 
said Frink was sent to Rhode Island goale ; upon which we granted this 
folio we ing warrant. 

To Marshall Cheesebrough, Marshall protempore : 

These are in his Majesties name to will and require you to take to you 
sufficient ayd, and forthwith to goe ouer the riuer of Pawcatuck to those 
people that are there planted, and to warne Tobias Saunders and James 
Badcock, Sen'r, personally to appeare before us at Mr. Stanton's house, 
or Capt. Gookin's house, to make answer for their seizing, detaining and 
unjustly molesting John Frink, constable, Benj. Palmer, and Thos. Bell : 
and any other that haue ayded or abetted them, the sayd Sanders and 
Badcock, in the management of the matter ; and if they shall neglect or 
refuse to come with you, you are to seize them and bring them in safe 
custody before us to meke answer for the same as aforesayd. Hereof 
you may not fayle. JAMES RICHARDS, 

JOHN WINTHROP, 
Commissionated by the Generall Assembly of his Majesties Colony of 

Conecticut. 

Tobias Sanders being examined, acknowledged that by warrant granted 
by him, John Frink and Benj. Palmer and Thomas Bell was seized, and 
that he made the warrant by vertue of Rhode Island gouernment's au- 
thority. James Badcock, Sen'r, acknowledgeth that he did seize the 
sayd John Frinck, Ben. Palmer, and Tho. Bell, by vertue of a warrant 
granted by Tobias Sanders. 

It was alleged by Ben. Palmer and Tho. Bell that he seized them with- 
out a warrant. To which Badcock answered, that he seized them, but he 
had the warrant before ; onely when he seized Frinck, Palmer and Tho. 
Bell, the sayd Mr. Sanders had taken the warrant, and was gone to mend 
something in it. 

A coppij of Mr. Sanders's lo arrant served bij [Janus'] 
Badcock. 

To James Badcock, constituted Constable to serue this warrant : You 
are by vertue hereof, required in his Majesties name to apprehend any 
person that shall presume to exercise any authority in this jurisdiction, 
if it be not duely deriued from the authority to whome we doe belong, and 




RECORDS OF THE COLONY OF RHODE ISLAND, 

briug them before me and Mr. John Craudall forthwith, to be examined 
and to be dealt with according to law. Hereof fayle not at your perill. 
Per me, TOBIAS SANDERS, 
Conservator of the Peace — vera copia. 
This present 17th June, 1G70. 

Mr. Tobias Sanders and James Badcock, desired they might be released 
upon bayle, and they would surrender Ihemselues when they should be 
appoynted to the Constable of Stonington ; which was accordingly 
granted. 

Mr. James Noyce acknowledgeth himselfe bownd in a recognizance of 
one hundred pownd to the Colony of Conecticutt. The condition is, that 
Mr. Tobias Sanders shall personally appeare and surrender himself to 

ehemgah Palmer, Constable of Stonington, protempore, Wednesday 
morn next, at six of the clock. 

Mr. Thomas Stanton and Mr. Tobias Sanders acknowledge themselues 
bownd in the sum of fifty pownds a piece to the Colony of Conecticutt; 
the condition whereof is, that James Badcock, Sen'r, shall personally ap- 
peare and surrender himselfe to Nehemga Palmer, Constable of Stoning- 
ton, protempore, Wednesday morning next by six of the clocke ; and that 
in the meane time he shall carry it peaceably towards and not oppose 
the government of Conecticutt 

James Badcocke, Sen'r, acknowledgeth hin>self bownd to the Colony of 
Conecticutt in the sum of one hundred pownd ; the condition whereof is, 
that he will per.=onally appeare and deliver himselfe to Nehemga Pahner, 
Constable of Stonington, protempore, Wednesday morning next, by six 
of the clock; and that in the meane time he will carry it peaceably tow- 
ards, and not oppose the government of Conecticutt. 

These fower recognizances were June 18, 1670, acknowledged before 
John Allyn, James Richards, and [Capt.] John Winthrop, in Stonington. 

Samuell Browne being brought before us as an ayder in the restrain- 
ing, &c., John Frinck, Ben. Palmer, and Tho. Bell ; it appeared that he 
was accessary thereto, and [as] he only stood upon his submission, we 
accepted of the following bond : 

Samuell Browne acknowledgeth himselfe bownd in a recognizance of 
thirty pownd to the Colony of Conecticutt; the condition whereof is, 
that he shall carry peaceably towards all persons and things in this 
Colony, for tho space of twO' moneths, if he continues so long in this 
Colony ; and that he shall not in words or action oppose the gouernment 
of Conecticutt, and that he will within the foresayd time returne to his 
wife at Boston. 

Acknowledged before John Allyn, James Richards, and [Capt.] John 
Winthrop. 

June 18, 1G70. 

The 20th of June we went to Wickford, and drew up this following 
declaration. 

Whereas, our most gracious Soueraigne Lord, Cliarles the Second of Eng- 
land Scotland, France and Ireland, King, Defender of the Fayth. &c., of his 
princely care, wisdom and goodness provided for the gouernment of his sub- 



AND PROVIDENCE PLANTATIONS. 321 

jects pluiited ill this Colony (as by liis royall charter under the great scale of 1670. 
England, bearing date 23d of Aprill, in the fowertecuth yeare of his Majesties __,^^^^_/ 
reignc may appeare), in which sayd Charter the goucrnment of the people in- 
ha.bitiug within the liuiitts granted to this Colony of Conecticutt is committed 
to the care of the Goacrour and Councill, or Generall Assembly of this Colo- 
ny, which sayd Generall Assembly for seuerall yeares haue been followed with 
complaints and petitions from seuerall of the inhabitants and proprietors of the 
Narragansett country (whoe are undoubtedly circumscribed within the limits 
or bownds granted to this Colony), and the inhabitants of this towne of Wick- 
ford by their subscription the 3d of July, 16G3, haue submitted to the gou- 
crnment of Conecticutt (according to the agreement between our Goueruour 
and Mr. Clarke, of Ehode Island, and the sayd gouernraent of Conecticutt, the 
2d of Aprill, 1664), did settle gouernment in this towne, Avhich settlement 
haueing mett with some interruptions, the Generall Court of Conecticutt 
thought good to renew and establish gouernment againe in the sayd country, 
and haue commissionated us to attend and effect the same, whoe doe see cause 
to declare you the inhabitants of Wickford, to be under the gouernment of 
his Majesties Colony of Conecticat, and by authority of the aforesayd Court, 
we doe require you in his Majesties name to yeild due obedience to the sayd 
gouernment of Conecticutt, whoe will be careful! to establish necessary offi- 
cers amongst you, that so you may haue cquall justice administered to you and 
may be countenanced in ways of godliness and honesty, and enjoy your just 
rights without disturbance. 

Dated in Wickford, -June 20th, 1670. 

The Charter granted to the Colony of Conecticutt, being publiquely read, 
this was published in Wickford, June 21 and June 23. 

JOHN ALLYN, 
JAMES RICHARDS, 
JOHN WINTHROP, 

June 21. When we sent Benj. Palmer to warne the people of Wickford 
next Pettequarascutt to meet us at Capt. Hudson's farnie, he haueing taken 
two men with him to show him the way ; and Tho. Mumford and some other?, 
mett them on the road, persued, and took the two men that went with 
them. 

We then sent Capt. George Deuison and'. Capt. Thomas Prentice to Peti- 
quamscott, to demand them, and to return to us their answer, but they refused ; 
upon which we sent this following noat to Capt. Denison and Capt. Prentice 
to giue to Mr. Willson, who was at Mr. Porter's house. 

Note to Mr. Wilhon. 

Mr. Samuell Willson : We understand Thos. Mumford hath assaulted and 
detained two of our men whoe were iuoffensiuely rideing on the King's high- 
way ; and upon demand, you seem to deny them to our mcsseagers. These 
are to inform you, that as we doe undoubtedly declare you (being within tl e 
Narraganset country) to be under the goucrnment of Connecticut Colony, and 
we are commissionated by the Generall Assembly to settle gouernment in these 
parts, which worke we are now about ; we farther aduise you speedily to de- 
VOL. II. 21 



322 RECORDS OF THE COLONY OF RHODE ISLAND, 

1 fi70 ^'^'^^ "!■* ^^^' '^^*-'^^' *^'' ^'^"^ ^^^ assure you we shall [not] bear such an insolency, 

but right ourselues as speedily as M-e can. Give us your positiue answer. 
''"'"^'"^ ' J[OHN] A[LLYN], 

J[AMES] R[ICHARDS], 
Wickford, June 21, 1G70. J[OHN] W[INTHROP]. 

Suddenly after that Mr. Willson had receiucd the aboue written noato, he 
deliuered our men. 

This day, there came ouer from Rhode Island Mr. Jos. Torrey, Mr. Baily, 
Mr. Barker and Mr. Caleb Carre, and deliuered us an open letter from the 
Gouernor, Arc., of Rhode Island (and John Frinck came with them), to which 
we returned this answer, sealed by us in a letter. 

Letter from the Governor of Rhode Island. 

Honored Gentlemen : Yours, by our worthy friends the gentlemen imploycd 
by you we haue receiued, and are sorry the desired treaty, which was intended 
for our mutuall settlement, hath procured uo better effects. As for the intru- 
sion you mention, we disowne it ; neither can we justly be charged with any such 
thing, for we know of no better commission than his Majesties royall Charter 
under his broad scale, &c., which was the commission m'c acted by ; and there- 
fore how our attendance thereto can be esteemed presumption and intrusion is 
difficult to belieue, much more that it should be accounted an illegall attempt 
and forcible intrusion; we haue been settling gouerument within our owne 
limitts in our owne plantations, which we trust we shall make good. We 
haue too long mett with interruptions in the exercise thereof, but why that 
should be accounted an offence while we have been still moueing in a peaceable 
way for the management of it we understand not ; but these things we must 
leaue to the consideration of our Generall Assembly under whose commission 
we act. As for your resolution still to persist in the exercise of gouernment 
within our bounds, we desire it maybe forborne, for doubtless the consequence 
thereof will proue uery incouuenient. We haue not to add, but that we are, 
honored Sirs, your affectionate freinds. JOHN ALLYN, 

JAMES RICHARDS, 
Capt. JOHN WINTHROP. 
Wickford, in Connecticut Colony, June 21, 1670. 

Presented to the worshipfull Benedict Arnold, Esq., Gouernor of his 
Majesties Colony of Rhode Island, to be communicated to his As- 
sistants there. 

We proceeded. Whereas, by vertue of commission from the General! 
Assembly of Connecticut, we haue renewed and settled gouernment in 
the towne of Wickford, in the Narragansett country, and understanding 
that some persons under pretence of authority from Rhode Island haue 
accepted offices under the title of Conseruators of the Peace, Constables, 
&c., these are in his Majesties name to will and require all such persons 
under the sayd titles of Conserustors of the Peace, Constables or any 
other that pretend commission from the gouernment of Rhode Island, to 
forbeare exerciseiug any power by vertue of any such engagement or 



AND PROVIDENCE PLANTATIONS. 323 

commission whatsoeuer ; willing also and requireing all the inhabitants 1670. 
«f the towne of Wickford to yeild obedience to those officers appoynted by ._ ^_ _ . 
us by vertue of our commission from the Generall Assembly of Connec- 
ticut (which are Capt'n Edward Hutchinson, Capt'n Wm. Hudson, Mr. 
Tho. Gold and Mr. John Cole, Commissioners; Samuell Eldred, Sen'r, 
and Henry Tippitt, Constables), and unto no other, as they will answer 
the same at their perill JOHN ALLYN, 

JAMES RICHARDS, 
JOHN WINTHROP, 

Dated in Wickford, Connecticut Colony, June 22d, 1670. 

This nayled upon Cap'n Hudson's dore. 

Wickford, June 22d, 1670. 
Capt. Will. Hudson being speedily to depart, and the persons ap- 
poynted for Commissioners and Constables, not being present, we doe 
by these fully impower you to giue the Commissioners and Constables 
•oath to the respectiue persons appoynted, or as many of them as will ac- 
cept. The Commissioners nominated and appoynted, Capt. Edward 
Hutchinson, Mr. Thomas Gold, and Mr. John Cole. The Constables 
are, Samuell Eldred, Sen'r, and Henry Tippitt. 

J[OHN] A[LLYN], 
J[AMES] R[ICHARDS], 
J[OHN] W[INTHROP], 
Capt'n Hudson had the Commissioners oath administered to him, and 
Mr. Samuell ElJred, the Constables oath, June 22, 1670, by 

J[AMES] R[ICHARDS], and 
J[OHN] A[LLYN], 

As we returned by Pettequamscutt, June 22d, 1670, we declared them 
to be circumscribed within the limitts of our Charter and under the gou- 
ernrrent here established, and required their obedience to the sayd gou- 
ernment. 

This being done, we returned to Mr. Stanton's. 

Letter from the Governor, ^c, of Rhode Island, to the 
Commissioners from Connecticut, assembled at Wickford. 

Gentlemen : Wee haue been informed by our Commissioners, that the 
treaty appoynted by yourselues, and which wee hoped would haue settled 
a happy peace betweeen the two Colonies, hath not produced the wished 
for effect, but on the contrary you haue made an intrusion into our juris- 
diction, notwithstanding his Majesties gracious Charter granted vnto vs 
for the government of those parts, and the order of his Majesties Honor- 
able Commissioners, vnder their hands and seales, as to that part called 
the King's Province. Wee thought that after you had for severall years 
desisted from exercising government there, you would not haue presumed 
to interrupt vs in the lawfull discharge of the trust committed vnto vs by 
his Majestie, which is a practice wee admire it should be countenanced : 



324 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670 ^^^c'l more, that it should bee perpetrated by any that owne themselaes 
accountable for their actions unto their Soveraigne. But seeing you 
are by force resolved to carry on your designes, and will not desist from 
your violent and illegall attempts against vs, notwithstanding the appeale 
made vnto our dread Soveraigne by our Commissionei-s and deliuered 
vntoyou; wee doe once more in his Majesties name require you to 
withdraw your said force, and leaue us to governe the people within our 
jurisdiction according to his Majesties Charter and his honorable Com- 
missioners orders, as hitherto wee haue done, and not command or compell 
the inhabitants to submit to your pretended Courts or officers. If not- 
withstanding this our prohibition, ycu will still persist in your forcible 
intrusions vpou vs, wee doe hereby, according to the gracious liberty 
granted to vs by his Majestic in his royall Charter, signifie to you that 
we doe appeale to our Soveraigne Lord, Charles the Second, King of 
England, Scotland, ffrance and Ireland, Defender of the ffaith, &c., in 
his realme of England, for his determination of the differance relateing 
to our bounds, and for redress from your vnlawfull attempts against vs. 
Wee doubt not but you will bee ready to meete vs there, and in the 
meane time and notwithstanding what you haue lately acted, wee shall 
not decline to performe our duties both to God and our Prince for the 
peaceable government of his Majesties subjects committed to our care. 

Given vnder our hands att Newport, in his Majesties Colony of Rhode 
Island and Providence Plantations, &c., this 20th day of June, 1670. 
BENEDICT ARNOLD, Governor, 
NICHOLAS E ASTON, Dep y Gov'r, 
WM. BAULSTON, Assistant, 
JOHN TRIP, 
JOHN GREENE, 
JOHN EASTON, 
This is a true copie of what was sent to Capt. John Allyn, Mr. Jas. 
Richards and Mr. John Wiuthrop, &c., att Narragansitt, &c., 
as attest, RICHARD BAILY, 

Secretary to tlie Councill. 

The Declaration of John Richards, Treasurer of Haruard Colledge, in 
behaLfe of the said Colledge against Stephen Wilcocks and his par- 
takers, that vnjustly posses fine hundred acres of land lieing in the 
Pequot country on the east side of Pawcatuck riuer, within the 
bounds of Stonington, humbly declareth : 
That the said laud being by estimation about fine hundred acres, more or 
lesse, bounded with a parcel of land, layd out to Thomas Prentis, on the 
west, with the Sound on the south ; on the east, with Wecapauge, and on 
the north with common land, was granted and laid out vnto Haruard Col- 
ledge, the 9th of May, 1658, by the Generall Court of Massachusetts, 
held at Boston : in right of joynt conquest of the Pequot country by the 
CoUonies of Connecticut and Massachusetts, vnto whom this land with 
other land vpon the east side of Mistick riuer, so farr as Wecapauge was 
diuided to them as their share of that conquest by the act of the Com- 
missioners of the Vnited CoUonies, bearing date September the 16th, 



AND PROVIDENCE PLANTATIONS. 325 

1658, which land the said Stephen Willcocks and his adherents haue vio- 1G70. 
lently seased, possessed, planted and now Hue upon, contrary to the .^ ^^^ _. 
expresse prohibition of Tiiomas Danforth, the late treasurer of the Col- 
ledge and others in that behalfe against justice and equity; all which the 
said John Richards, in behalfe of the Colledge is ready particularly to ' 
demonstrate, beeing admitted therevnto, and humbly desire the honored 
Generall Court of Connecticut (and their Commissioners, vnto whome 
this application is made), vnto whose cjire and gouernment the said ter- 
ritory is committed by his Majesties royall Charter ; humbly intreating 
they would please to giue the said Colledge releefe in the premises, ac- 
cording to justice and equity. 

Signed by Mr. Daniel Gookin, Attorney vnto Mr. John Richards. 

Dated this 21st of June, 1G70. 

Proceedings of the Commissioners in the Narraganset 
Country. 

At our return from Squamacuck, June 23d, 1G70, we did proceed as 
followeth : 

Whereas, by vertue of commission from the Generall Assembly of 
Connecticut, we haue settled gouernment within the limitts of the towne 
of Stonington, on the east side of Pawcatuck river; and understanding 
that some persons under pretence of authority from Rohde Island haue 
formerly accepted offices under the titles of Conservators of the Peace, 
and Constables, &c., these are in his Majesties name to will and require 
all such persons under the sayd titles of Conseruators of the Peace, and 
Constables, &c., or any other that pretend commission from the gouern- 
ment of Rhode Island, to forbeare exerciseing any power by vertue of 
any such engagement or commission whatsoever ; willing allso and re- 
quireing all the inhabitants of that part of Stonington aforesayd, to yeild 
obedience to those officers appoynted by us, by virtue of our commission 
from the Generall Assembly of Connecticut (which are the present stated 
Commissioners of Stonington, viz.: Mr. Tho. Stanton, Sen'r, Sarg't 
Tho. Minor, and Mr. Tobias Sanders, if he shall accept; and Elisha 
Cheesbrcugh, Constable), as they will answer the contrary at their 
peril!. J[OHN] ALLYN, 

JAMES RICHARDS, 
J[OHN] WINTHROP, 
Oommissionated by the General! Assembly of his Majesties Colony of 

Conecticut. 

Dated at Stonington, June 23d, 1670. 

By vertue of commission receiued from the Generall Court of Connec- 
ticut, we doe nominate and appoynt you Mr. Tho, Stanton, Sen'r, Sarg't, 
Tho. Minor, and Mr. Tobias Sanders, to be Commissioners, inuested 
with Majestraticall power for and within the limits formerly granted to 
Stonington, on the east side of Pawcatuck riuer, untill the Generall As- 
sembly of Connecticut shall order otherwise, and we doe appoynt you 
Elisha Cheesbrough to be Constable within the limits formerly expressed 



326 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. '"'illifg you and euery of you so to exercise that power and authority 
^^ ^ ^^, hereby confeiTed upon you (so as may make most for the peace and tran- 
quility of the sayd people and the Colony), according to the lawes and 
orders of this Colony; we doe alsoe appoynt Mr. Thos. Stanton, to ad- 
minister the Commissioners oath to Mr. Sanders, ard the Constables cath 
to Mr. Eli^ha Cheesbrough, and the people concerned at Squamacuck 
haue liberty to make use of the County Court at New London for justice,., 
as the occasion shall require. J[OHX] ALLYN, 

JAMES RICHARDS, 
J[OHX] WINTHROP, 
Commissionated as aforesayd. 
Dated in Stonington, June 23d, 1670. 

Mr. Tobias Sanders and James Badcock, haueing deliuered themselues 
according to their former bond, upon their desire we took these ensuing 
bounds for their appearance. Mr. Tobias Sanders acknowledged himself 
bound in a recognizance of twenty pounds to the Colony of Connecticut. 
Mr. Tho. Stantou, his surety, acknowledgeth himself bound in a recog- 
nizance of twenty pound to the Colony of Connecticut; the condition is. 
that Mr. Tobias Sanders shall personally appeare at the County Court at 
New London, in June next, to make answer for his granting a warrant for 
the arresting and molesting of John Frinck, Constable, Benjamin Palmer 
and Tho. Bell, when they were warning the people of Squamacuck, to 
appeare at Capt. Gookin's farme house. Acknowledged before us. 

JOHN ALLYN, 
JAMES RICHARDS, 
JOHN WINTHROP. 

Mr. Elisha Cheesbrough and James Badcock, Sen'r, acknowledgeth 
themselues bound in a recognizance of twenty pounds a piece to the 
Colony of Connecticut; the condition is, that James Badcock, Sen'r, 
shall personally appeare at the County Court,, at New Loudon, in June 
next, to make answer for his arresting, detaining and molesting John 
Frinck, Constable, and Benjamin Palmer and Tho. Bell, when they were 
warning the people of Squamacuck, to appeare at Capt. Gookjji's 
house. 

June 23, 1670, acknowledged before us, 

J[OHN] ALLYN, 

J [AMES] RICHARDS, 

J[OHN] WINTHROP. 

Letter from Gov. Arnold to Gov. Winthrop. 

Newport, July 11th, 1670. 
Much Honored Sir : The many and late overtures between the two 
Colonies, issueing in such unexpected violences offered vpon and exe- 
cuted within tho precincts of this Colony, or King's Province, on the 
east side of Pawcatuck, alias Narraganset river, by some of Connecticut 
Colony, and that by order from their Generall Assembly (as they af- 



AND PROVIDENCE PLANTATIONS. 327 

firme), hath occasioned much consideratioK, and some trouble vuto vs, 1670. 
how to prevent the evill consequences that are likely to attend the same, v^^-^^-^^ 
the intlueuces whereof wee may well expect to worke to the discomfort of 
both Colonies in the conclusion, if by some moderate councells and en- 
deavors the distemper bee not allayed, and quietness procured amongst 
ourselues in the two Colonies. But the eager pursuite of some, coun- 
tenanced, as it seems, by your Court, in their desires of taking by force 
both lands and jurisdiction from vs (which to see and suffer, you well 
know wee cannot answer vnto his Majestic, our dread Soveraigne, who 
hath committed the charge in that respect vnto vs, ifcc), doth put this 
Colony vpon it to make their application by a most humble appeale vnto 
his Majestie (according to his gracious commands in such cases) for his 
royall determination of the differences, although wee little expected after 
fine or six yeares peaceable exercise of jurisdiction, without any inter- 
ruption from our beloued friends, the Colony of Connecticut, that wee 
should thus violently bee invaded, yea notwithstanding the tender by our 
Commissioners at New London [of a] treaty to appeale vnto his Majestie, 
of which offer your Commissioners seemed not to take any notice ; neither 
did they when the Generall Councill sent to them at Narragansett, when 
they were there with iifty men and horse, vsing or threatening force vpon 
the persons, &c., of our neighbours, inhabitants there ; all which, con- 
sidering the Generall Assembly of this his Majesties Colony of Rhode 
Island and Providence Plantations, convened and sat at Warwick, June 
29th, past, where it was concluded to make our appeale vuto our dread 
Soveraigne Lord, Charles the Second, by the grace of God King of Eng- 
land, Scotland, ffrance and Ireland, Defender of the ffaith, &c., in his 
Majesties Kingdom of England, for his royall determination in the pre- 
mised matters ; and withall the Assembly desired myselfe to give your 
worship the certaine information thereof, that so you may informe the Col- 
ony of Connecticut to forbeare any further force, vpon this jurisdiction in 
the towne of Westerly or elsewhere on this side Pawcatuck river, and 
that they apply themselues to meete our agent or agents in England at 
the latter end of this ensueing autumn ; where the matter may be heard, 
and once more determined by his royall Majesties gracious power and 
prerogatiue. 

Sir, according to the aforesaid order and desire of our Generall Assem- 
bly, I haue written these lines vuto your selfe, and caused that they 
bee conveyed speedily and safely vnto your owne hand, together with 
the enclosed copie of what was sent to Connecticut Commissioners aboue 
mentioned at Narraganset ; the originall whereof was to haue been openly 
and audibly read in the hearing of all there present ; and soe our mes- 
sengers declared them. But Capt. Allyn would needs handle it first to 
see the superscription, and then put it vp and suffered it not to be openly 
read, but shall not now insist on the acceptation which that manner of 
behaviour raeritteth. But waueing that, shall signifie vnto your worship 
that scarce one in this Colony but belie ues yourselfe would not haue of- 
fered, or suffered such a thing in your presence ; nay moreouer, many 
are very apt to belieue that these foremeutioned invasions on our pre- 
cincts are scarcely, if at all countenanced by yourselfe, nor by the more 



328 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. ■^'niiitcrosted and vnbyassed party in that jurisdiction, but by some espe- 
■ --^-^^ cially of that and other Colonif^s that are pressing on to serve their pri- 
nate interests ; which surely if reason or religion were attended too, a 
more louely, easy way might bee studied; and by study, and laying 
aside high conceits of selfe potency might bee found to satisfy and gratify 
all reasonable expectations, without hazarding the Colonies which it may 
bee, will in the conclusion proue vnpleasing to both; but these last are 
mine owne thoughts. But that which is my more perticular taske, is to 
pray your consideration both of the appeale and of the inclosed paper, 
and to pray you to returne a few lines vnto mee by way of answer vnto 
the same, that I may communicate the same vnto those concerned in 
Councill, or to the Assembly ; and you may returne it by this same 
bearer. And it will bee doubtless a thing alsoe worth and well beseem- 
ing, your moderate and gentle spirit, to forbid Stonington men from 
forceing in to mow the meadows on this side Pawcatuck, vntill the mat- 
ters bee determined by his Majestie, or by some less travell and more 
easy way, if possibly to bee found ; for it seems they threaten td mow 
there, which if they doe it, will occasion our people to complaine to the 
Councill here for justice to moue the force which cannot bee denied, as 
it hath not hitherto been since our Charter came that now wee haue, nor 
before that durst wee for one only ycare, much less for fiue or six years 
together to denie the discharge of our trust, by forbearing the exercise 
of justice there. And whereas, now it is (by those who haue counte- 
nanced both heathens and that notorious villaine John Carr, in their hor- 
rid practices against the gouernment) objected that our government can- 
not or will not fetch him the said Carr in ; the truth is, hee hath twice 
been fetcht in, and twice broke prison, and twice since men sent to ap- 
prehend him, but hid or sent out of the way ; and now or lately enter- 
tained at Stonington, where hee is free to promise to destroy vs. I haue 
written a hue and cry for his apprehending, and prayed the officers in 
the jurisdiction of his Majesties Colony of Connecticut to apprehend 
him, and returne him to an officer of this Colony on this side Pawca- 
tuck, where hee may bee proceeded with according to justice; and now 
least there may through misprision bee a neglect in the inferior officers, 
I earnestly pray your worship to issue out your speciall order to cause 
him to bee taken and delivered to some of his Majesties officers in this 
Colony, and the charge of his taking and bringing shall be paid. Soe, 
most honored and highly esteemed Sir, with cordiall respects presented, 
in expectations of your loving and reall answer to the premises, I rest, 
(Sir), your very humble servant, 

BENEDICT ARNOLD. 

[The foregoing- documents were copied from the originals in the Sec- 
retary's office in Connecticut, which copies are preserved in the Libra- 
ry of the Rhode Island Historical Society.] 



AND PROVIDENCE PLANTxVTIONS. 



Ads, Orders and Proceedings of the Governor and Councill 
of His Majestys Collonij of Rhode Island and Providence 
Plantations, held at Newport, May, 1670. 

Benedict Arnold, Esq., Governor. 

Mr. Nicholas Easton, Deputie Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Thomas Olney, Jun'r, 

Mr. John Coggeshall, Mr. William Baulston, 

Mr. John Easton, Mr. John Trip, 

Mr. William Carpenter, Capt. John Greene, 

Mr. Roger Williams, Mr. James Greene. 

At a meeting of the Governor, Deputy Governor, Capt. 

John Cranston, and Mr. John Coggeshall, Assistants, at 

Newport, May 2M, 1670. 

Ordered, that the insueing letter be sent to the Governor 
and Generall Assembly of Coneticot, in answer to theirs 
ofthe 12thinst. 

Letter to Connecticot. 
Honored Gentlemen : Yours, by Thomas Bell, sub- 
scribed by the Secretary, and bearing date the twelfth 
instant, came to hand yesterday, being the 22d, and in 
the evening. The contents being a narratiue of some 
ouertures to this jurisdiction concerning complaints made 
vnto you of wrong done (by some inhabiting the Narra- 
gansett and Pequit lands) vnto seuerall gentlemen of the 
Massachusitts, &c. And that you say (they say), these 
wrong doers are countenanced by our authority ; and 
withall adding that you are yet willing to make one other 
essay for a peaceable composure, and therefore haue ap- 
pointed three or four gentlemen to meet with as many of 




330 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. ours at New London the second Tuesday in June next, as 
^^^^-■^"^ alsoe adding that if wee slight the motion, you shall con- 
clude it in vaine to moue any further towards ys in such a 
way (to wit, of peace). But shall in next place address 
your selues to put in practice, what duty requires to re- 
relieue your oppressed neighbours in a way pleasing (you 
doubt not) to God and your Soueraigne, &c. Honored 
and beloued gentlemen, these are Ynexpected passages 
from you, considering the application our Generall Assem- 
bly made vnto you in their letter by Mr. John Crandall, 
May the 14th, 1669, and your answer thercYnto, the 19th 
of the same moneth by the same messenger ; and wee 
marYell you should presupose our sleighting your motion 
when wee recommended to your owne pleasure to appoint 
time and place for a loYing treaty, and engaged to attend 
it ; and yow, by your then loYing letter were pleased to 
embrace it, being sensible of the Ynexpected cross Provi- 
dence, whereby your motion of October, 1668, was re- 
tarded from our view Yutill that Yery moneth of May, 
1669, whereby all the times prefixed were elapsed before 
our Court had any the least knowledge of your appoint- 
ment. Truly, gentlemen, wee are not guilty in any mea- 
sure of sleighting any motions for peace. But haue 
attended when such appointments haue been as in par- 
ticular in or about November in the yeare 1664, our Generall 
Assembly sent persons to meet some of yours at Stoning- 
ton, that being the place mutually agreed vpon for a loving 
treaty. But noe person then or there appeared, gentle- 
men, from your selues, nor any reason giuen to this gou- 
ernment of that neglect. Soe that it is not rightly 
declared that wee slight peaceable motions, for it will 
appeare, wee haue most attentiuely embraced them, when 
what wee can say shall bee heard by impartiall judges. 
But not to dilate vpon particulars, wee now by your mes- 
senger, Thomas Bell, returne you thanks for your infor- 
mation of the time and place you haue appointed for a 
treaty. And howeuer the warning is very short, consid- 



AND PROVIDENCE PLANTATIONS. 331 

ering our Assembly is dissolved ; yet wee doe accept of 1670. 
and concur with you in your appointment, to wit : at New '^-^--^'-"^ 
London, and vpon the second Tuesday in June, now next 
insueing, at what time and place you may confidently ex- 
pect (with the help of the Lord) three persons fully com- 
missionated and empowered by this Colony to make and 
treate with as many gentlemen soe empowered by your 
selues, and to put a finall issue to all matters relateing to 
our bounds, and to what else may appear of generall con- 
cernment betweene the two Colonyes ; withall assureing 
you it is our great desire all may issue in a just and loving 
composure of all matters ; and in case it happen otherwise, 
we shall with patience attend your further promised prac- 
tice of relieuing your (as you say) oppressed neighbors in 
a way pleasing (you doubt not) to God, and our Souer- 
aigne, which your practice proueing soe to bee, will oblige 
vs not only to rest contented with, but alsoe highly to 
commend the same ; wee haueing in such case noe other 
refuge to fly vnto for reliefe but vnto God, and to our gra- 
cious Prince, from whome wee haue receiued, and doubt 
not but still to receiue just and timely reliefe. And thus, 
honored and beloved gentlemen, praying your candid con- 
structions of our good meaning in these vnpolished lines, 
written in hast for dispatch of your messenger, wee re- 
maine desireing to approue our selues, 

Your truly affectionate and reall friends, 
the Governor and Councill of his Maj- 
esties Colony of Rhode Island and 
Providence Plantations. 

Signed by their order, by mee, 

RICHARD BAILY, Secretary. 
These, to our much honored and beloued ffriends, the 
Gouernor and Generall Assembly of his Majesties 
Colony of Conecticot, or to the Gouernor and Coun- 
cill, case the Assembly bee not sitting. 

Present with care and speede. TIIO: BELL. 




The Com- 
mission. 



RECORDS OF THE COLONY OF RHODE ISLAND, 



Att a meeting of the Governor, Deputy Governor, Captain 
Cranston, Mr. John Coggeshall, and Mr. John Easton, 
at Nevjport, June 19th, 1670. 

Ypon the receit of a letter from Mr. John Cranclall, 
Conservator of the Peace at Westerlye, informing of an 
entrance made into our jurisdiction by some of Conecticot, 
and of their carrieing away some of the inhabitants of this 
Colony prisoners, it is ordered, that Mr. Baulston and Mr. 
Trip bee forthwith sent to, and desired to bee present t® 
morrow morning, at nine of the clock, at Capt. Morrice's, 
in order to fill vp the Generall Councill. 

Att a meeting of the Governor and Councill, being all 

the Magistrates of the Island, at Nevjport, June the 

20th, 1G70. 

Ordered, that vpon information of the forcible entrance 
made by some of Conecticot into this Colony, some per- 
sons bee forthwith sent over to Narragansitt, with the in- 
sueing commission : 

Wereas, the Governor and Councill of his Majesties 
Colony of Island and Providence Plantations, &c., haue 
information that some persons vnder pretence of authority 
from his Majesties Colony of Conecticott, are goeing about 
to erect a Court, or to exercise jurisdiction within the 
Nayhantick and Narragansitt countries granted vnto the 
Governor and Company of this his Majesties Colony ; and 
alsoe recommended to our more especial trust by the order 
of his Majesties honorable Commissioners, vnder their 
hands and seales, and now by his Majesties command 
named the King's Province : and wee being obliged by 
our allegiance to our dread Soveraigne Lord, the King, 
and by the trust reposed in vs according to the best of our 
power and vnderstanding to governe the people inhabiting 
the said Province, and to prohibit any that shall presume 
to interrupt vs in the discharge of our duty. 

These are therefore, in his Majesties name to require 



AND PROVIDENCE PLANTATIONS. 333 

you with all possible speede to repaire to Navragansit and 1670. 
if you shall findo or heare of any persons there exercising --»^---*-' 
jurisdiction vnder pretence of any such authority derived 
from the Colony of Conecticot, as abouesaid, that 
then you shall require them to leave off such actions 
which are contrary to his Majesties express will and 
pleasure ; and if notwithstanding your said prohibition, 
they shall persist in such illegall proceedings, that then 
you require the Constables there, to witt : Thomas Gould, 
Thomas jNIumford or any other, to seize such persons and 
bring them before vs or some other Generall Assistant or 
Assistants of this Colony, to be proceeded against ac- 
cording to law ; and in case they shall by force resist, 
that then you shall deliver our prohibition hereinclosed 
vnto the said persons exercising jurisdiction as aforesaid, 
after you haue caused it to bee audibly read in the pres- 
ence of the people there assembled ; and for soe doeing, 
this shall bee your sufficient warrant and discharge. 
Given vnder our hands att Newport, in his 
Majesties Colony of Rhode Island and 
Providence PlantationjS, &c., the 20th 
day of June, 1670. 

BENEDICT ARNOLD, Gov'r, 

NICE: EASTON, Dep'y Gov'r, 

WILLIAM BAULSTON, Assist't, 

JOHN COGGESHALL, 

JOHN TRIP, 

JOHN GREENE, 

JOHN EASTON, 
To Mr. James Barker, Leift. Joseph Torrey, Mr. Caleb 
Carr, these ; and alsoe to Richard Baily. 

The Appeale. 
Gentlemen : Wee have been informed by our Commis- 
sioner that the treaty appointed by your selues, and which 
we hoped would haue settled a happy peace between the 



334 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1670. two Colonies, hath not produced the wished for effect , 
■'^'^>^^^' but on the contrary, you haue made an intrusion into our 
jurisdiction, notwithstanding his Majesties gracious Char- 
ter granted vnto vs for the government of these parts, and 
the order of his Majesties honorable Commissioners vnder 
their hands and scales, as to that part called the King's 
Province. Wee thought that after you had for severall 
yeares desisted from exercising government there, you 
would not haue presumed to interrupt vs in the lawfall 
discharge of the trust committed vnto vs by his Majestic, 
which is a practice wee admire it should bee counte- 
nanced, much more that it should bee perpetrated by any 
that owne themselues accountable for their actions vnto 
their Soveraigne. But seeing you are by force resolved 
to carry on your designes and will not desist from your 
violent and illegall attempts against vs, notwithstanding 
the appeale made vnto our dread Soveraigne by our Com- 
missioners, and delivered vnto you. Wee doe once more, 
in his Majesties name, require you to withdraw your said 
force, and to leaue vs to governe the people within our ju- 
risdiction, according to his Majesties Charter, and his 
honorable Commissioners orders, as hitherto wee haue 
done, and not to command or compell the inhabitants to 
submit to your pretended Courts or officers. If notwith- 
standing this our prohibition, you will still persist in your 
forcible intrusions vpon vs, wee doe hereby according to 
the gracious liberty granted to vs by his Majestic in his 
royall Charter, signifie to you that wee doe appeale vnto 
our Soveraign Lord, Charles the Second, by the grace of God 
King of England, Scotland, ffrance and Ireland, Defender 
of the Faith, &c., in his realme of England, for his deter- 
mination of the difference relateing to our bounds, and for 
redress from your vnlawfuU attempts against vs ; w-ee 
doubt not but you will bee ready to meete vs there ; and 
in the raeane time, and notwithstanding what you haue 
lately acted, wee shall not decline to performe our duties 



AND PROVIDENCE PLANTATIONS. OOS 

both to God and our Prince for the peaceable government 1670. 
of his Majesties subjects committed to our care. •.-i*--.--*.- 

Given vnder our hands at Newport, in his 
Majesties Colony of Rhode Island and 
Providence Plantations, &c., the 20th 
day of June, 1G70. 

BENEDICT ARNOLD, Gov'r, 
NICH: EASTON, Dep'y Gov'r, 
WILLIAM BAULSTON, Assist't, 
JOHN COGGESHALL, 
JOHN TRIP, 
JOHN GREENE, 
JOHN EASTON, 
To Capt. John Allyn, and the rest with him at Narra- 
gansett, &c. 

Ordered, that the Serjeant doe forthwith procure a boate 
and men to transport the persons that are to goe to Nar- 
ragansitt. The boate procured by the Serjeant was Mr. 
Robert Carr's ; the men were Tho: Langford and Jacob 
Pender. 

Att a meeting of the Governor and Magistrates of Newport, 
at Newport, ffridai/, June 2ith, IG70, 

Vpon consideration of the many weighty affaires that 
concerne the Colony, and require a speedy and suitable 
advice ; it is thought fitt that an Assembly bee called to sit 
at Warwick on Wednesday next, the nine and twentieth 
of this instant June, and the Governor is desired to issue 
out his warrant to convene the same. 

Ordered, that a letter bee sent to Mr, Porter and Mr. 
Wilson, in answer to theirs of the 21st instant. 




RECORIS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Generall Assemhhj held for the Collony 
of Rhode Island and Providence Plantations at Newport, 
June the 2m, 1670. 

Mr. Benedict, Arnold, Governor. 

Mr. Nicolas Easton, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Olnye, 
Mr. William Baulston. 
Mr. John Tripp, 
Capt. John Greene. 
Mr. James Greene, 



DEPUTIES. 


Mr. John Clarke, 


Capt. Samuell Wilbour, 


Mr. James Barker, 


Mr. Robert Hazzard, 


Joseph Torrey, 


Left. John Albro, 


Mr. William Weeden, 


Mr. Joshua Coggeshall, 


^Ir. Richard Bayley, 


Capt. Randall Howldon 


INIr. John Gould, 


Mr. John Weekes, 


Mr. John Sailes, 


Mr. Thomas Greene, 


Mr. John Throgmorton, 


Mr. Edmund Calverlye, 


Mr. Thomas Arnold, 


Mr. John Crandall, 


Mr. John Whipple, 


Mr. Suball Paynter. 



Jlen ap- 
pointed to 
I'etch in 
John Can- 
audQuina- 
pin." 



The Governor chosen Moderator. 

Joseph Torrey, Clerke of the Assembly. 

Voted and concluded, that Quenapitt and John Carr be 
with all convenient speed fetched in. 

Ordered, that Mr. Roger WiUiams, Capt. John Greene 
and Joseph Torrey be chosen a Committee to draw up a 
commission for to be delivered to Mr. Edmund Calverlye, 
to fetch in John Carr. 



AND PROVIDENCE PLANTATIONS. 337 

Ordered, that what charges Mr. Edmund Calverlye 3 670. 
shall expend with his ayd to fetch in John Carr as is or- ^>-^---*-' 
dered, that hee shall exhibitt his bill to the Governor and 
Councill, which they signing, shall be sufficient for the 
Generall Treasurer to pay the same. 

There being a motion presented by Mr. Roger Wil- 
liams that the Assembly would be pleased to accept of 
severall persons into the freedom of this Corporation ; as 
Christopher Smith, Anthony Everenden, John Smith, &c. 
The Court considering the motion, doe refer the consider- 
ation of the matter to determine therein, to the next 
Generall Assembly. 

There being consideration for the paying Mr. Richard ^a°g°7fo p^'y 
Deane that eighty pound that the Colony is in his debt, oeane.^*'"''^ 
for the clearing of which it is thought fitt that some per- 
sons be perswaded to lend at present soe much to the Col- 
lony for the end aforesaiid ; for the accomplishing of 
which, the Governor doth lend to the Collony ten pound, 
on his own account ; and further, the Governor, Mr. John 
Coggeshall, Mr. William Weeden and Joseph Torrey doth 
equally engage to cleare on the towne of Newport's ac- 
count thirtye pound ; the towne of Warwick twenty eight 
pound, ten shillings ; Mr. John Porter, Mr. Samuell Wil- 
son and Thomas Mumford, three pound, ten shillings ; 
Mr. Thomas Olnye, Jr., one pound; Mr. William Baul- 
ston, Mr. John Tripp, Capt. Wilbour and Left. Albro, 
vpon the account of Portsmouth, seven pound ; which is 
all to be repayed out of the next rate double heare, for so 
much in England. 

Ordered, that whereas a Generall Auditt was commission- ^^ ^^^.^ 
ated to sitt at Newport, June the 21, last past, for settling ''^^"""'''^ 
the accounts of the Collony by an act of the Generall As- 
sembly, sitting at Newport, in May last, the said auditt 
being the Governor, Benedict Arnold, Mr. John Sailes, 
Mr. Thomas Cornall, and Mr. John Weeks, Sen'r ; and 
in pursuance of the trust reposed in them, meeting at 
Newport, accordingly, and being interrupted in the pro- 

VOL. II. 22 



338 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. ceeding on that matter by reason of other vrgencies then 
^-^^>^-^' interveaning, to take care for present defence against the 
violent intrusiones and invations then made vpon the 
libertyes of the Collonye, in the King's Province, by Con- 
necticut, &c. The Court now see it necessary to renew 
the commission abovesaid ; and doe hearby order, enact 
and declare that the aforesaid auditt's power is confirmed, 
and they are desired and authorized to sitt at Newport, to 
transact in those affiiires, vpon Tuesday, the ninth day of 
August, now next coming, according to the power formerly 
given them. 

The Assembly being sensible of the great necessitye ly- 
£3oofo°/ani°g vpon thcm to employ an agent to England, to nego- 
^^^°'' tiate in the appeale to his Majestye made by this Collonye 
for the preservation of our bounds, limmitts and priviledges 
from the violent intrusiones of Connecticutt CoUony, which 
has already made an inroade vpon vs, &c. : it is enacted, 
ordered and declared by this Assembly, and the authority 
thereof, that there be forthwith a rate of three hundred 
pounds starling, in pay currant of this Collony, assessed 
and levied vpon the Collony, for the supply of an agent 
as abovesaid ; as alsoe the Collony doe accept of the free 
addition by Westerlye of sixtye five pounds starling, in 
such pay as aforesaid, and to the end aforesaid, and to- 
gether with the three hundred pound aforementioned ; and 
in regard of this their free and exceeding large contribu- 
tion with promise to add more to the same end, if another 
rate be levied, as occasioned by the aforesaid occasion. 
And in case the present rate doth not reach and discharge 
the cost in the present case, the Assembly doe free the 
said towne of Westerlye from being rated as to payment 
of any part of the three hundred pound rate abovesaid. 
Ordered, that the abovesaid rate is thus divided : New- 
t^wne Ifnd ^^^^ ^^ P'"^^ ^^^ hundrod and twenty three pounds ; Block 
pi^acemust igjand to pay fifteene pound ; Canonicut to pay twelve 
pound ; Portsmouth to pay fiftye one pound; Providence 
to pay fiftye one pound ; Warwick to pay thirtye two 
pound ; Petar|uamscott sixtcenc pound. 



AND PROVIDENCE PLANTATIONS. 339 

Ordered, that whereas Mr. Samuell Gorton, Jr., was 1G70. 
formerly fined for not attending the Court of Trialles at ^--'-v-**^ 
Newport ; and whereas tlie said Mr. Samuell Gorton hath ton, jun's 

i- ^ fine remi- 

been severall times employed as interpreter betweene the '^'^• 
English and the Indians, &c., the said Samuell Gorton is 
allowed for his satisfiction the aforesaid sum of twenty 
shillings. 

Ordered, that Capt. John Greene, Joseph Torrey and The com- 
Mr. Richard Bailye are allowed ten pound ten shil- connect^cu^t 
lings, besides what was deliyered to them in money, be-^^'- 
fore they went to Connecticut. 

Ordered, that Thomas Mumford is allowed twentie shil- p°8. Mum- 

' ford allowed 

lings for his attendance on the aforesaid Commissioners to^°'- 
New London. 

The Assembly vpon serious and waytye considerationes, cra'rke°''rnd 
having resoulved to imploy an agent or agents for vindi- oreen'fo'f 
cation of our Charter before his Majestye in England, and chosen 
redeem the same from the injurious violations thereof, by 
the Collony of Connecticut, in their late invasions and in- 
trusiones vpon the lands and government of this Collony, 
&c., it is by this Assembly resoulved and declared, that 
Benedict Arnold, present Governor, be nominated, chosen 
and requested to take vpon him, and is hereby declared 
the person by this Assembly nominated, chosen and ap- 
poyn'-ed agent for this Collony to goe to England vpon the 
ocation aforesaid, and doe engage to accommodate him 
with suitable attendance or supplyes for the service, and 
doe reccommend it to his consideration to give a positive 
and seasonable returne unto the Collony of his acceptance 
of the service which wee much desire may bee by him vn- 
dertaken. But in case his ocationes may prevent his vn- 
dertakeing hearin, thed the Assembly doe in such case 
nominate, desire and appoynt our worthy friends John 
Clarke, of Rhode Island, physitian, late agent in England, 
to procure a Charter for this Collony ; as alsoe Capt. 
John Greene, of Warwicke, Assistant, to bee and are 
hearby declared to bee agents jointly to be commissionated 
in the Collonyes behalfe to goe to England to vindicate 




340 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. the said Charter before his gratioues Majestye, our Lord 
the King ; and by his gratioues and royall favour to pro- 
cure our full enjoyment of the same by removeing those 
aforesaid forsable intrusiones made vpon vs, and doe order 
that suitable attendance or supplyes shall be allowed to the 
two aforesaid agents last named, for their better helpe to 
manadge the aforesaid vndertaking. 

There being a motion about writing to Conneticott, and 
alsoe the other Collonyes about the intrusiones made into 
our Collonye, &c , it is with a vnanimous consent recom- 
mended and left to the Governor to write to them all, and 
to Governor Lovelace as hee shall see cause, and as op- 
pertunity shall present. 

Ordered, that the Recorder shall have sixe shillings and 
eight pence for each coppie of this Court orders, from each 
towne for each coppie. 

Att a meeting of the Governor, Deputy Governor and As- 
sistants, at Newport, July loth, 1670. 
Whereas, the Councill are informed by Mr. Samuel! 
Wilson and Mr. Jireh Bull Conservators of the Peace in 
the King's Province, that there is a man slain in the said 
Province, and within this Collony, who hath been illegally 
and disorderly buried by some persons without the view of 
a Coroner or inquest; and the Councill seeing it necessary 
that the corps be viewed, that soe there may bee a just 
proceeding in a matter of soe great concearnment, doe 
therefore order that Henry Palmer, Constable of Newport, 
bee and is heerby constituted high Constable in that re- 
spect ; and that hee doe therefore with such aid as the 
Governor and Magistrates haue ordered, repaire to Narra- 
gansett, and as soone as hee shall there arrive, doe giue 
notice to Mr. Samuell Wilson, Conservator of the Peace, 
and Coroner in this behalfe, and Mr. Jireh Bull, Conser- 
vator of the Peace, that they repaire forthwith to the place 
where the body of Walter House is buried, and cause it to 
bee taken vp and a juries inquest to pass thereon, that soe 
a true returne may be made according to law of the cause 



AND PROVIDENCE PLANTATIONS. 341 

of his death ; and that hee, the said Henry Palmer, doe 1670. 
vse his vtmost indeavor to apprehend the person or persons '-*''^^>'^'*-' 
suspected to bee guilty of the death of the said Walter 
House ; and in pursuance thereof, with such aid as hee 
shall see cause to break open any house or place where 
any such shall bee supposed to bee. Hee is alsoe to ap- 
prehend the persons that did interrupt the Conservators of 
the Peace in the lawfull discharge of their trust, and to 
bring them before the Governor and Magistrates at New- 
port, to answer their said contempt of his Majesties crowne 
and dignity ; and hee, the said Henry Palmer is alsoe 
further impowered and required to apprehend any others 
that shall interrupt or hinder the execution of this order, 
and for soe doeing this shall bee his sufficient warrant and 
discharge. 

Eichard Baily is ordered and required to goe over to 
Narragansit and to bee assistant to the Coroner in the 
transacting of the abouementioned affaire. 

The Examination of Thomas fflounders. 

July 15. — The Governor told Thomas fQounders that 
hee was brought here to answeare to a very sad matter, 
viz.: concerning the death of one of his Majesties subjects 
named Walter House, who was slaine in the King's Prov- 
ince, and hee was suspected to bee guilty of it. Hee re- 
plyed hee did desire to know if any did accuse him. The 
Governour told him hee was accused by twelve men. The 
said fflounders said that there was one Lodowick Vandicke 
that could informe as touching the matter, who was pres- 
ent in the shop at the time of the difference between him 
and Walter House. Being demanded if hee had any scuf- 
fling with Walter House, hee said that Walter House was 
at his shop, and that when hee went out hee gaue him 
very bad words. Being asked if any blows passed be- 
tweene them, hee said hee thought hee struck him one 
blow. Being demanded if hee suspected any other person 
to bee guilty of his death, hee said noe. Being again 
asked if hee gaue him but one blow, hee said but one 



342 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. blow, and that was with a small stick ; and that Walter 
'-^^^''"^^ House holding vp his arme, the said House fell backward 
and hitt his head against a rafter. Being demanded if the 
said House was in the shop when hee struck him, hee said 
hee was at the doore about the threshold, and that hee 
himselfe was in the shop. Being asked if hee had not a 
forke stale in his hand, hee said noe ; but it was a little 
stick hee struck him with ; and that hee laid downe the 
stick, and that Lodowick did not take it from him ; and 
that the reason of their quarrell was about some language ; 
that House told him that hee had taken an oath against 
him at Warwicke before the Deputy Governor, and said 
that was the discourse that was between them ; and that 
the same was that which provoked him with other bad 
language, but could not tell what it was. Being asked 
why hee hid himselfe, hee said hee did it because hee 
heard Mr. Eldridg with some others were out to take 
him, and hee was loath to goe whither they intended to 
carry him ; which as hee was informed was towards 
Connecticut. 

The said filounders, by order of the Councill was 
committed to close prison till next Generall Court of 
Tryalls. 

Mr. Samuell Eldridge being demanded what hee had to 
say on his behalfe as to his interrupting the Conservators 
of the Peace, Mr. Wilson and Mr. Bull, in inquiring into 
the cause of the death of Walter House, and commanding 
them to forbeare from acting in that behalfe, and saying 
that if they should pursue and take the person suspected 
of the murther, hee would take him from them, and send 
him to Connecticut ; and for warneing the said Conserva- 
tors to serue on a jury in obedience to the Colony of Con- 
necticut. 

Hee the said Eldridge reply ed, that hee did soe act ; 
and that hee did soe in obedience to the government of 
Connecticut ; and that hee judged the said Conservators 
of the Peace had nothing to do there. 

The Councill ordered, that either hee should put in 



AND PROVIDENCE PLANTATIONS. 343 

baile in the sum of twenty pounds, to answer his said acts 1670. 
at the next Generall Court of Tryalls in October next ; or ^-*'~>^^*-' 
to remaine in durance till that time, and therevpon hee 
is committted to the Serjeant, to bee kept in his custody 
till the Court, meet or untill hee put in bayle to answear 
his said contempt. 

Mr. John Cole of Narragansitt, in the King's Province, 
saying before the Councill that hee had not as yett taken 
an engagement to any of&ce vnder Connecticut, but did 
not know how soone hee might ; and alsoe did owne that 
hee did forewarn the Conservators from acting in his Maj- 
esties name ; wherevpon hee is committed to the Serjeant 
till next Court meet, or alsoe to putt in bayle in twenty 
pounds to answear for his said contempt. 

Mr. Henry Palmer informed that yesterday Mr. Cole 
told him that if his wife dyed, and shoe was very sick, 
hee would spend his whole estate but hee would bee re- 
venged vpon him, the said Henry, for fetching him from 
Narragansitt ; and alsoe that the said Cole did further say 
that as soone as hee came home, he would make a voyage 
to Connecticutt to take his engagement to the office which 
was proffered him. 

William Moore testifies vnto the truth of what Mr. 
Palmer hath aboue witnessed, only hee cannot afifirme that 
Mr. Cole said hee would spend all his estate to bee re- 
venged on the Constable Henry Palmer. 



Papers relating to the Murder of Walter House. Return 
of jury upon a murdered person. 

Narragansett, 11 or 12 day of July, 1670. 
A sad accedent has befallen tbetowncof Wickford, inCounecticutColy- 
nye; and vpon that acount,Mr. Sam.Eldredge, Constable of that town, call- 
ed as many of the people together as he could get to behould it; which is 
to say, a man murthered to say Walter House and as we all heare, by 
Thomas ftlounders and the manner of the murther was thus : there was a 
hole strucke in the fifore parte of his head, and seuerall other bruises ; one 



344 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1670. ^P<5^ l"s left arme, another bruise vpon his backe, which wee judge to be 

_^- -^^- the cause of his death. Being seen and viewed by vs, whose names are 

vnder written, with the Constable, by these witnesses stood by and many 

others that saw this sad spectacle, but do not owne them selues in this 

Colynie. 

Ambrose Leech, The \y\ marke of 

John Crabtree, Samuell Eldridge, 

Joseph Dolever, Robert Green, 

Tho. Eldredge, Tho. So well, 

James Eldredge, Edmoud Cousins. 

John Cole, 
This is a true coppie of the originall, taken out and compared by vs 
this 14th of July, 1G70. THOMAS MINOR, 

THOS. STANTON. 

Letter from Samuel Eldredge to Thomas Stanton. 

Narigansett, 13 July, 1670. 

Mr. Stanton, Sir : This is to informe you how the case stands with tho 
towne of Wickford, in respect of Rhode Island. This uerie day there 
came doune Mr. Samwill Wilson and Mr. George Bull and Tho. Mum- 
ford, with his black stafe, and upon this sad accident ; and would haue 
paniled the jury, wheare upon I tould them that they had nothing to doe 
heare to panill a jury ; but if they would loke upon the corps they mite, 
which seuerill of them ded. Then they commanded in his Majesties 
name sum to sarue : and commanded my selfe to sarue as a jury man 
upon the inqist, and command John Cole and seuerill others, which ded 
refuse. I allsoe warend them to sarue in a jury for us, as we war under 
Conittycott : but thay would nott, butt commanded us nott to berie the 
man till a jury had passed one itt by vartue of thayer power. Soe theare 
was mjty commanding in his Majestys name one both sides, and myty 
thretining of caring to jayl ; in soe much, that nather partis could gitt 
twelfe men one a side. But att last, they commanded all that ware on 
thare sid to com out and thay would panill a jury if it ware but sex. 
Upon that acount, the dores ware shet wheare the corps was : soe they 
caled the pepill to bare witnes that thay ware obstrocted in thare power 
and commande us in his Majists name not to berie the man ; and tould us 
that thay would retorne our answers to thare masters. We tould them 
we would retorne thare actings and words to our magistrates. Soe thay 
commanded all thare party to goe with them. And soe we proseded, and 
beried the man, and haue searched for the murthcrer, but cannot find 
him and thearefore would intreat you to send out after him and send sum 
this way, for we haue neuer a ofeser here to grant me one. Sir, I would 
intreat be strong, and send away word to Conitticott by the first ; fore 
we are in greater trobill than euer we ware, and like to be in wors ; 
thearefore mind youer promises, and stand by us. John Cole stoud to 
itt, and assisted as much as could be, nott haueing taking the oath, 
Capt. Hudson has nott ben heare senc. Sir, tho peopell would fane be 
doeing ; and begen to find that if it be nott minded, sodinglye itt will be 
bad times heare. Nott more att present, butt remane yours to same. 
SAMWILL ELDREGE, Constable. 

From Wickford, 13 July, 16T0. 



AND PROVIDENCE PLANTATIONS. 



Letter from Thos, Stanton to John Allijn, Secretanj of 
Connecticut. 

Stonington, this 14th of July, 1670. 
Honored Sir: Mr. John Allyn, after our sirvcs to the Governor, to 
you, Mr. Richards and the rest of the Magestrates, with many thankes 
for your last love and paynes in these parts. As for the business de- 
pending betweene vs, our towne and the Squamacock men, wee ar for the 
present quiet, and have hopes thay will compownd with vs and submit to 
our government. Wee went and set vp the declaration on or ueere won 
of there doares, where was Crandall, and wee sent sixteen horse and men 
of vs and saw eleven horses and men, and forwarned them from cutting 
of gras till thay compownded with vs, and poyntod them time and place 
where thay might see our comitions from the severall gentellmen proprie- 
tors but thayo were uery loath to submit to the gouernment of Coneck- 
ticut, beeing as thaye said, in a band to those of the Island to stand, to 
mayntayne ther right agaynst all others ; and some feare thay should bee 
attached body and goods by them for so doing ; but wee gave leave for 
them six dayes to goe to the Island and see if thaye would send a band of 
men to com and dwell with them to gard them agaynst vs and our Colo- 
nye, for which they seemed to be verie thankfuU to vs. In the meane 
time, no man was to cut gras ; wee tould them that papers should doe 
nothing with vs from the Island ; and for men, thaye must bring store of 
corne with thnm, for these peopell have litell, and divers of them none 
for themselues to eat. They saye if the Island send not a gard to re- 
mayne by them th ye must and will submit; and saye thay can as well 
live vnder this government as vnder the Island. So thaye promise by 
Satterdaye night theye will give vs in there positive answere. Wee 
strive to carie it with all peasabelluess and love, and yet show them that 
wee feare them not, nor ther wholl Island. I say vppoa there desire wee 
gave them leave for six dayes to goe to the Island, and take there leaves 
of them, that soe thaye might com of with the most safty to themselves. 
That is the meaning of the word above specified, however thaye are 
penned, wee went nine horses of vs and renewed our town bownds and in- 
formed them. Heare is this night a post com on purpos to give notis of 
a murder committed at Wickford, as by the inclosed papers you will 
more fully vnderstand. The peopell in those parts are willing to sub- 
mit, but that the Islanders tell them it is florish of Coneckticot, and that 
you will not stand by them. The truth is, thaye have now in athority 
amongst them those you put m or in the baye and remoat thaye saye 
that thaye did request you that thaye might have assistance from hence ; 
but nothing was done in that respeckt. It would bee good to folow the 
business now it is warme, for if som cors bee not taken, thaye will fors 
them that ar your frinds to submit and swcare to there government or 
them and there estates imprisoned ; for thaye threaten to carie Eldred to 
prison, and Cole and the rest, and doe deeme that you will desiert the 
case. Wee have sent hews and cries after the murtherer east and west, 




346 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. ^^^^ ^'^^ your shirt heare was none left heare. Your rasour case I hare 
^^^_^,^^ sent for. You had best inquier at Mr. Hill's, where jou lodged, for it. 
So not further to trobell you at this time, wee commend you to God, with 
all your conseraraents, and remayeu. Sir, 

Yours, in all dutiefuU rcspeckts, as God shall iuabell vs, 

THO. STANTON. 
THOMAS MINOR. 
Weecan give you no farther information conserning the murther other 
or in the paper inclosed, but about a pees of mcdow ; and an ould grudg 
between them. Mr.Noyes presents his sirviees to you, and Mrs. Allyn, 
and Mr. Richards and his. Pray reed the letter inclosed, and seal it, and 
deliver it to Mr. Willcs. 

Superscription. 
These for the worshipfull John Allyn, Secretarye of the Collony of 
Coneckticot, in Hartford. 

Letter from Connecticut to Rhode Mand. 

Hartford, July 21, 1670- 
Honourcd Gentlemen : We being informed that (notwithstaudiugou r 
asserting our just rights at Squamacuck and Wickford, &e., by his Maj- 
esties gracious Charter, upon the place, and by order of our Generall 
Assembly, officers have been established for the gouerning those places 
by Comm issionersand Constables theirunto appoynted). Some from 
Rhode Island, under pretence of authority, haue presumed to exert and 
exercise power in the towne of Wickford, and haue (as we hear) seized 
and detained Mr. John Cole and Mr. Sam. Eldridge ; the one of which (at 
least) is now in durance with you : which act we earnestly desire you 
seriously to consider whether it be not a breach of peace, and good 
neighborhood, and an incroachment on our gouernment ; and therein a 
contempt of his Majestie in so seizing his officers lawfully their settled 
by vertue of his gracious Charter ; and what the product of such prac- 
tices soon will be if persisted in. You may assure yourselues that as we 
haue settled officers there (as in duty we are bound), shall indeavour to 
mayntaine indemnify, and incourage them in their worke ; we allso heare 
that one Tho. Flounders of Wickford, hath violently assaulted and mur- 
thered his neighbour Walter House, and is now at Rhode Island; being 
by some of your people taken and carryed out of our Colony when there 
was hue and cryes out after him. We hope you will soe farr consider as 
not to be any way iustrumentall to shelter him, or keep him from us, but 
that he be returned for faire and legall tryall, that so if he doe appeare (as 
is reported), to be a wilful! murtherer, he may receiue the rewarde of his 
workes and the blood of the slaine may not crye to the Lord for vengence 
against us. Sirs, we are willing fairely to treate you in the first place, 
and loueingly to desire and aduise to a peaceable surrender of our oflBcer 
or officers (or other people), secured or detained by you, which may be a 
meanes of settling peace and good agreement between us. But if you 
persist in detaineing these, or seascing or molesting any other of our 
sayd officers or people, you will force us to consider the next most effec- 
tuall course for their releife, and a way for sattisfaction to us and them, 
soe much prejudiced by such actions. We shall not enlarge at present, 



AND PROVIDENCE PLANTATIONS. 

but with our desires of a« speedy an answer as may, we take Icaue 
subscribe ourselues, gentlemen, your loucing freinds and neiglibours. 

JOHN ALLYN, Secretary, 
In the name and by order of the Assistants of his Nlajestius 
Colony of Conecticutt, present. 
To the Worshipful! Gouernour and Councill of Rhode Island. 

Proceedings of the Generall Court of Connecticut, held at 
Hartford, Jidij 21, 1670. 

Whereas, we haue been informed that Samuell Eldridge, our Consta- 
ble of Wickford, is seized and carryed to Rhode Island, we haue thought 
good, and doe hereby nominate and appoynt you, Sam'll Cheesbrough, 
Constable pro tempore, for the Narroganeett country, and you are hereby 
iuuested with full power to officiate and execute the office and place of a 
Constable for and within the towne of Wickford and Narrogancett coun- 
try, untill you haue farther order. 

To Samuell Cheesbrough, Constable of the Narrogancett country, pro- 
tempore : Whereas, we are informed that Sam'll Willson and Thomas 
Muffford, in contempt of and positiuely contrary to express command 
from our authority by our Commissioners declared; haue pulled down our 
declaration set up at Wickford, and exerted power in the Narrowgaucett 
country, in the towne of Wickford, &c., under pretence of the authority 
of Rhode Island. These are therefore in his Majesties name, to will and 
require you to take with yon sufficient ayd, and apprehend the persons 
of the sayd Sam'll Willson and Thomas Mumford, and them bring before 
the Commissioners of Stonington, or Wickford (as the next authority for 
examination), to be examined upon the premises; and if by legall testi- 
mony they be found guilty, to be secured for farther triall, according to 
instructions giuen them. Hereof you may not fayle. 

JOHN ALLYN, Secretary, 
In the name and by order of the Assistants of his Majesties 
Colony of Conecticut. 

Mr. Thomas Stanton and Mr. Tho. Minor : We haue inclosed an order 
to your selues, wherein we haue appoynted Sam'll Cheesbrough, Consta- 
ble, protempore, for the Narragansett country, &c. ; as allso a warrant 
to impower the said Constable to cause Sam'll Willson and Thos. Mum- 
ford to appeare before you at Stonington to be examined about their ex- 
erting of power within Wickford, &c. ; and you are hereby desired as 
you are Commissioners, and impowered to examine them. And if they 
prone to be guilty, you may either take bond for their appearance at 
New London Court to answer for the same, or send them up to Hartford 
goale,to be secured to the Court in October next, for tryall. We aduiso 
you to act warrily and prudently in the management; that you employ 
not the Constable unless you haue some probable security that what is 
aledged against the persons aboue mentioned will be sufficiently proued. 
And in seizing them, let the Constable be sufficiently cautioned to avoyd 




348 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. ^^^ hazard of sbecldiHg blood ; and yet we would haue them know that the 
^^^f^^,.^Oi^ authority will not be baffled, and that he take no greater strength nor 
time in the expedition, nor make no greater noyse than is absolutely 
necessary. We haue mentioned the Commissioners of Wickford only in 
case Capt'n Hutchinson and Cap'n Hudson be on the place, and it be 
fowud most expedient. 

The foregoing letters and conclusions were agreed and ordered by the 
Assistants present, and the Secretary is ordered to draw them forth 
fayre, and signe them in our name. Send the letter first abou,e written 
to the Gouernor and Councill of Rhode Island, and the other to the Com- 
missioners of Stoniugton. JOHN ALLYN, Secretary, 

In the name and by order of the Assistants of his Majesties 
Colony of Conecticutt. 

This 21 July, 1G70. 

[At a meeting of the Geuerall Court, October 13, 1G70, a committee 
was appointed to treat with Commissioners from Rhode Island, consisting 
of the Deputy Gouernor, Mr. Samuel Willys, James Richards, Captain 
Fitz John Wiutbrop, and the Secretary. They, or any three of them 
were empowered to act, provided James Richards or John Allyu should 
always be of the number. 

The following May, these appointments were renewed, and at the same 
time Capt. Edward Hutchinson, Capt. Wm. Hudson, Richard Smith and 
John Cole, were appointed Commissioners for the Plantation of Wick- 
ford, and the limits thereof and invested with " magistratical powers.*' 
Sam'l Eldredge was also appointed Constable.] 

Letter from Capt. John Mason, to John Allyn and others. 

Gentlemen : I lately received their writing which I now send you 
from Mr. AYilliams, and have had some discourse with others of his sect, 
as alsoe with some others in reference to our difference with Rhode Is- 
land. For my owne part I am not very well acquainted with the matters 
in question respecting the righte of our Charters. Yet something I haue 
vnderstood ; and more, I haue accidentally mett with of late. I am apt 
to think the proper right of Narragansett country belongs to Connecti- 
cut. But there seems, notwithstanding, to be soe many twistings in the 
matter; and how they may be interpreted, is doubtfuU and uncertaine ; 
besides the many hazards that may attend the management of this affayre 
to a full issue, possibly to the effusion of blood, if not soe already. Be- 
sides many other disasters which are not yet discerned. Tis alsoe pos- 
sible the toll may proue to be more than the grist. A wise man reckons 
the cost before hee builds his house. Truly I am of that mind that the 
charge in recouering what is aymed at, if it should be gayned, will 
amount in reason to more than the whole country, as it is now stated, 
will be worth, ffor it is barrane in the gecerall; and these places that 
are any way considerable, are already taken vp by severall men in 
ffarmes and large tracts of lands, some haueing fine, six, and tenne miles 
squares ; yea and some I suppose haue much more which you or some 
of yours may see or feele hereafter. These things I know to be true, as 
they did manifestly appeere in view when the Commissioners were at 



AND PROVIDENCE PLANTATIONS. 349 

Nai-ragansett. I suppose you cannot bo vnacquaiuted with those things 1670. 
if the charge and expense of it shall pass to England ; for a trjall cannot v^^.^,-— k- 
in reason but be very great and access to his Majestie cannot bo expected. 
As to our Courts that were beyond all reason to imagine, pray let it bo 
allsoe considered whether it may not proue as costly as the procureing 
of a Charter ; and when it may bo issued who knows ; and when we may 
hope it is issued, what followes often times, did we not thinke we had 
beene beyond all troblo when we receiued our new Charter ; yet I sup- 
pose your grant of Charles the First must stand your great friend in this 
matter. Consider alsoe if you are cast, you must defray all costs a«d 
charges on both hands ; and if you recouer, what will you gaine (as I 
said before), as the best is already gone ; and what remaynes but rocks, 
swamps and sand heaps. And in leive of this we must erect a goueru- 
ment over a people that will come vnder noe government, neyther ciuill 
or eclesiastic; they beinge already in dispersed corners like the Sweedes, 
soe that there is noe likelyhood of any tollerable Christianlike society to 
be settled amongst tbem (and truly if it were otherwise), how vncapable 
they are to attend, it is too well knowno to all men. And therefore for 
vs to take soe much paynes to runne soe great hazard, and to be at soe 
much troble and charges vpon soe great vncertaintyes to procure a noth- 
inge, nay truly, that which is worse than nothinge in my conception. It 
Avill need some consideration what shall bo done to those that will not 
sulimitt, &c. 

Gentlemen : I am as I said before, not very well skilled in your 
grounds and plea ; indeed my abilities are but weake to advise, at best. 
Give me leaue, notwithstanding, voluntarily to cast in my myte v.'ithout 
exception, though tis little that I shall contribute et such a distance, yet 
I must professe I serve for the publique peace without prejudice to any 
man's person or cause. However, I am somewhat interested as well as 
others, and therefore am the more encouraged if there appeare to be any 
thing of weight in what I say, you may consider of it ; if not, lay it aside. 
However, I hope you will pardon my weakuesse and accept my good 
meaneing. And let me tell you amongst the rest, of two cases : handled 
in England in my time, of farre lesse moment than this in question. The 
one of them cost many thousand pound, and seuerall men's lines. Tho 
other had cost many hundred pound, and was not issued nor like to be 
when I came out of England. I speak not this that I would that wee- 
should be dastardly cheated and befooled out of our right, but that there- 
be a due and prudent care soe to demeane ourselues that we may prevent 
after inconveniences : I shall therefore propound whether it were not 
better that we come to some terms of agreement in some rational! 
way. But if that cannot be accomplished as could be wished, and the 
matter must proceed to a full try all, that then those whoe are interest- 
ed in the matter [should be compelled to], defray the charge. For 
I must profess I can see noe reason why hundreds of poore men who 
are never like to receiue any benefitt by it, should be at charge to 
procure it; nay must in all likelyhood be at contynuall and great cost, 
to vphold the place and gouernmeut, seemos to have a very harsh looke. 
And I pray you alsoe consider whether at long runs as they say we may 



350 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. "''^ ^^^^ aloud to his Majestic, to place some others amongst vs, that may 
^^_^^^^ issue our dilferences. I am not ignorant how dangerous it is to meddle 
with afFayres of this nature and how harmles ; and the most ingenious 
endeuors and expressions are some times perverted and contemned ; yet 
I thought I was in duty bound to doe something. Whether will prosper 
this or that, something more myght be said. I shall only commend this 
at present to your more serious consideration ; for matters of moment, 
you know, should be handled with ripe advise, poysed consultations and 
solid conclusions. Beseeching our gracious God to conduct vs inwayes 
of righteousness and truth, that his peace may bee our portion, into 
whose hands I commend you ffor guidance and direction in your waighty 
affayres ; which is the desire, and shall be the constant endevor of hira 
whoe is, and shall remaine. 

Your reall frinds and servants, 
Norwich, August 3d, 1G70. JOHN MASON. 

Superscription. 
To the Worshipfull Capt'n John Alljm, Mr. James Richards, Capt'n 
John Winthrop, with the rest of the Commissioners appointed 
ffor Road Hand busincs, this present. 



Proceedings of the Geiierall Assembly of the Collony of 
Rhode Island and Providence Plantations, held at NeiV" 
port, October the 13, 1670. 

Mr. Benedict Arnold, Governor. 

Mr. Nicolas Easton, Deputy e Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Thomas Olnye, 

Mr. John Coggeshall, Mr. William Baulston, 

Mr. John Easton, Mr. John Tripp, 

Mr. William Carpenter, Capt. John Greene, 

Mr. Roger Williams, Mr. James Greene. 

DEPUTIES. 

Mr. Caleb Carr, Mr. Joshua Coggeshall, 

Mr. Peleg Sanford, Mr. Robert Hazard, 

Mr. Joseph Clarke, Left. William Codman, 

Joseph Torrey, Mr. John Cooke, 



AND PROVIDENCE PLANTATIONS. 

Mr. James Barker, Mr. John Weekes, 

Mr. Richard Bally, Mr. Benjamin Smith, 

Mr. John Sailes, Mr. Richard Carder, 

Mr. Thomas Harris, Left. Edmund Calverlye, 

Mr. Shadrack Manton, Mr. John Crandall, 

Mr. Thomas Burden, Mr. Nicolas Cottrell. 




The Governor chosen Moderator. 
Joseph Torrey, Chirke of the Assembly. 

The Assembly being informed, that whereas the Gov- Anew sum- 
ernor, Capt. John Cranston and Mr. William Carpenter Na?ragTn-'° 

SPtt about 

did issue out fowre severall summons vnder their hand to Flounders. 
require certaine persones inhabitting at Narragansitt, in 
the King's Province, to appeare at the next Generall 
Court of Trialles, to be held for this Collony the 19th in- 
stant, to give in testimony on his Majestyes behalfe, con- 
cerning the death of Walter House, which said summonses 
were delivered to Mary House, relick of Walter House, 
who did engage she would convay them as directed, and 
that Capt. William Hudson, of Boston, meeting with the 
said Mary House, at Narragansett, aforesaid, tooke the said 
summonses from her in contempt of his Majestyes authori- 
tye in this Collony established, and to the obstruction of 
justice, in a matter of soe great and weighty concearn- 
ment : Bee it therefore enacted by this Assembly and the 
authority thereof, that with all conveniant speed, new 
summonses be issued out by the Governor, &c., to require 
the persones mentioned in the former summons, or any 
other, to appeare at the said Generall Court of Trialles, 
and that an officer be sent over to serve the same. 

There being in this Assembly some consideration about two mos- 
the overtures that have been between this Collony and the coSticut. 
Collony of Connecticut about the appeale to his Majestye, 
it is thought fitt and concluded, that there bee yet one essay 
more to compose the differance that is betweene the two 
Collony es ; and to that end, that two messengers be im- 
powered to deliver a letter to the Collony Court of Con- 




RECORDS OF THE COLONY OF RHODE ISLAND, 

necticut, and to receive tlieir answer plainly whether they 
will meet vs in England or not. 

Mr. John Crandall and Joseph Torrey, Jim'r, are chos- 
en to goe to Connecticut to deliver a letter from the Court 
and receive their answer, which letter is as followeth : 

Letter from Rhode Island to Connecticut. 

Newport, on Rhode Island, ) 
October the 15, 1670. \ 
Honored and well beloved Gentlemen : Wee have 
thought it may not bee of evill consequence yett once 
againe to propose vnto your thoughts the consideration of 
what good consequence it will be vnto both these his Maj- 
estyes Oolonyes, that they compose their differences among 
themselves, and forbeare troubling his Majestye with com- 
plaints, considering the great travill and charge of goeing 
soe farr a voyage as that will require, besides the just 
cause it may give of procureing such remedye as the 
country may have noe cause to rejoyce therein ; and in- 
deed may lyckly and in reason much distaste our Sover- 
aigne Lord the King, to have yett new complaints come 
soe soone after that great and royall care and charge taken 
by his Majestye, and effectually vsed by his Honorable 
Commissioners to settle our boundaryes, &c. ; which act 
and acts of those gentlemen, are as we are lately informed, 
ratified by acte of Parliament. Wee have seen a letter 
from your Honored Governor, Mr. John Winthrop, that 
hee wrote in answer to a letter that wee desired our Gov- 
ernor to write to him, intending it should be communicat- 
ed to yourselves ; as noe doubt it is or had been, but 
that the Governor to whom it was directed, was not at 
home, in which was signified our determination to appeale 
for justice vnto his Majestye, as by our Charter wee are 
injoyned in such case, except some more easie and lesse 
travillsome way be found to put an issue to the grieav- 
ances now sustayned by vs ; and now finding your Gov- 
ernor's inclination for such a peaceable composure, and 



AND PROVIDENCE PLANTyVTIONS. 353 

that liee judgeth it may be done by persons mutually fully 1670. 
impowered by eacli Collony for that purpose, which '«-^'^^*^ 
however wee have once already done and given all 
the power wee could give vnto three persons in June 
last, to treat and fully conclude all matters with as 
many of your soe impowered, as by the Commission to 
ours it doth appeare, and yett the treaty proved of noe 
such consequence as wee hoped, &c. ; but seeing wee are 
not fully informed that you the Generall Assemblye of his 
Majestyes Collony of Connecticut have had the cartaine 
knowledge of those matters, and of the transactiones since 
that time passing in this jurisdiction exercised therein by 
some of yours, have thought it convenient by these few lines 
and by the more pertickelar information of Mr. John Cran- 
dall, Sen'r, the bearer hereof, vnto whose relation wee pray 
you give credit, to acquaint you that our earnest desires are 
that a loving composure may bee had betweene the two Col- 
lonyes and the meanes to effect it, to bee persones yett 
once more fully impowered to that purpose ; and that in the 
meane time you will forbeare such force as by your orders 
hath been lately exercised within the King's Province at 
Westerly, and in the tract and tracts of that Province 
called the Narraganset country ; as alsoe, if a friendly 
composure may fayle, and such a treaty cannot be had or 
peace produced by such a treaty, that then you will agree 
to refer the decision of the matter to his Majestye, and 
give vs notice that soe you will doe, wee will if you agree 
mutually, become bound there to meet your agent by an 
agent or agents sent from ourselves ; provided in the meane 
time you forbeare exercising jurisdiction within the tract 
and tracts abovesaid. But if these are not attended vnto, 
then wee shall be forced to make our humble addresses 
vnto our Lord the King, by way of complaint, though 
much rather wee would that complaints may be prevented. 
Honoured gentlemen, wee earnestly desire and expect 
your absolute positive answer vnto these our proposalles 
with all speed possible by this same bearer ; and there- 
VOL. II. 23 



354 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. fore shall add no more att present. But in case your re- 
-*'"^'^*-' turne may assure ts that you ^vill forbeare force, and 
apply yourselves to a peaceable way of composure as 
abovesaid, you may expect from ys a speedye and loving 
complyance therein ; and that in the meane time wee 
shall remaine, honoured and beloved friends, 

Your truly affectionate neigbours, the 
Generall Assembly of his Majestyes 
Collony of Rhode Island and Provi- 
dence Plantations. Signed by order 
of the said Assembly. These. 

By JOSEPH TORREY, Clerk. 
To our honoured and beloved friends, the Generall 
Assembly of his Majestyes Collony of Connecticut, 
present. Per Mr. John Crandall. 

Ordered, that warrants shall be issued forth to presse 
horses, boats, or any other thinge, conducing to the com- 
fortable accommodation and speedy dispatch of Mr. John 
Crandall and Joseph Torrey, Jr., in the voyage to Con- 
necticut. 



Proceedings of the Generall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, October the 2G, 1670. 

Mr. Benedict Arnold, Governor. 

Mr. Nicholas Easton, Deputy Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Thomas Olnye, Jr., 

Mr. John Coggeshall, Mr. William Baulston, 

Mr. John Easton, Mr. John Tripp, 

Mr. William Carpenter, Capt. John Greene. 

Mr. Roo;er Williams, Mr. James Greene. 



AND PROVIDENCE PLANTATIONS. 355 

DEPUTIES, 16*70. 

Mr. Caleb Carr, Mr. Joshua Coggeshall, v-.^^^-' 

Mr. Peleg Sanforcl, Mr. William Woodall, 

Mr. Joseph Clarke, Mr. Richard Burden, 

Joseph Torrey, Mr. John Sanford, 

Mr. James Barker, Mr. John Weekes, 

Mr. Richard Baily, My. Benjamin Smith, 

Mr. John Sailes, Mr. Richard Carder, 

Mr. Thomas Harris, Sen'r, Left. Edmund Calveiiye, 

Mr. Shadrach Manton, Mr. John Crandall, 

Mr. Thomas Burden, Mr. Suball Paynter. 

The Grovernor chosen Moderator. 
Joseph Torrey, Clark of the Assemblyo 
Ordered, that the letter that is come from Connecticut 
be opened and read in Court.* 



* Letter from Connecticut to Rhode Island. 

Hartford, October 18, 1670. 
Honoured Gentlemen: Yours of October 15, 1670, came to hand, 
wherein is principally inserted these three heads : 1. A quere as to our 
receiuing- a full account of oar Commissioners of the transactions on the 
east side Pacatuck and in the Narragansett country, &c. 2. A letter of 
yours to our Governour. 3. A loueing motion of an agreement between 
our selues and you, touching gouernment on the east side of Pacatucke 
riuer, and in the Narragansett country, &c., to all which we shall giue 
in answer, 1. That we haue receiued a full account from Capt. John Al- 
lyn, &c., of the transactions in the affaire they were commissioned about, 
viz.: treating with yours, and in settleing gouernment in the eastern 
parts of our bound ; and as we did commissionate them, soe we well ap- 
proue of what they haue done, and haue confirmed those respectiue offi- 
cers they haue stated on the east side Pacatucke riuer, and in the Nar- 
raganset country as aforesaid. We are not willing to tell you how ill we 
resent the interruption you haue giuen our officers imployed, and stated 
by our Commissioners, and your entering into our jurisdiction and seiz- 
ing our officers for officiateing their respectiue places by our order as 
aforesaid. But we must tell you that we take what is done to them 
as done to our selues ; and in a neighborly way doe aduize that those 
bonds exsacted of from them and their security, be discharged and can- 
celled, and they noe farther troubled or interrupted by you, which may 
be a good inducement to procure a more easy discharge of yours ; and a 



356 RECORDS OF THE COLONY OP RHODE ISLAND, 

1670. Whereas, in our body of lawes, in that part concearning 

^-*'-^'-'*-' the administration of justice, there is a passage concearn- 

Reprieves. ^^^ ^^^^^ ^^ ^^^^ fouud guiltj of death, to be repreeved vntill 

the next Court : this Assembly doe declare, for preventing 



remove of that which may hinder increase of lone between you and vs. 
As to the letter to our Gouernour, we would not be ouer ready to take 
notice of the many disuniteing expressions therein, judging it to proceed 
from present heate, which we hope time will moderate and allay. We 
haue vsed noe such violence, force nor invasion into your Colony, as 
you mention, but in a ciuill way haue exerted authority by vertue of his 
Majestyes gratious grant their openlj^read on the place. We know well 
how to distinguish between a suitable attendance afforded to our Com- 
missioners for secureing their persons, and the charges against them 
from the violent threats of disaffected persons, whilst in the discharge of 
their commission and entering by force of armes, »fec.; but we leaue 
these things, not doubting but we shall be well able to satisfie ourselues 
if euer called theirto. As to any wrong done by Stonington men in 
moweiug on the east side Pacatucke riuer, the law is open, and you 
know to what Court they belong. As for Carr, he is a delinquent to our 
Colony, and we judge it meete he first satifie the law here. If any haue 
any thing after to alledge, we will shelter none from justice if legally 
prosecuted. As to your last motion, viz.: a loueing agreement. The 
settlement of those matters in controuersy between vs by suitable per- 
sons fully impowered by vs and you thereto, we most freely accept of as 
tending most to peace and love ; provided, that you doe indeed improue 
them to issue without those restrictions as formerly. For if the contro- 
versy be a seeming clashing of our respective Charters, &c., then they 
must not be strictly bound to exact the terms of the Charter, but fully 
impowered to make agreement, as may be most meete as the case is cir- 
cumstanced. AVhat we haue done in exerting gouerument hath bin noe 
more than what your agent fully consented to in England. But for any 
forbearance of continueing our gouerment till the matter be decided, wo 
may not consent to. Mr. Crandall (to whome you refer vs) hath pro- 
pounded an vnsuitable place of meeting, considering the time, &c. We 
propound New London as a more equall and suitable place accommodat- 
ed for both. For the time, we propound the first weeke in Aprill next, 
because Mr Crandall informes that you cannot attend before the 26th of 
November, after which time it will be too hazardous to travell ; or if you 
please to come to Hartford, set your own time, and giue us timely notis ; 
only let us not trouble each other to noe purpose, but be reall in impow- 
ering men soe that indeed the end proposed may be attained. We haue 
only to add (to cleare our hands from blocd), that we vnderstand that one 
Flounders that hath committed murther (as is alledged) within our juris- 
diction and is fled, is with you. Our hue and cry is out after him, and 
we desire you would take effectuall and speedy course that he be safely 
convaied into our jurisdiction, and deliuered to some oificer that may 



AND PROVIDENCE PLANTATIONS. 357 

mistakes and disputes about the matter, that the intent of 1670. 
that ckiuse is only to give liberty in such case to the "-*'^^^*^ 
judges in the Court of Trialles for to reprieve if they see 
cause ; but not to injoyne them soe to doe, vnless they 
see reason. 

Whereas, the consideration of making such men free in P«^«,^«^s^<=a- 
each towne of the Collony as are judged able to doe pub- ^o bTmade 
licke service, &c., was referred to this Assembly : bee ittheyde^kf 

' ' -' it not. 

therefore enacted by this Court and it is enacted by the 
power and authoritye thereof, that each respective towne 
in this Corporation have, and from henceforth shall from 
time to time have full power to make any and every such 
person and persones free of the said respective townes 
where they dwell as the said towne or townes shall judge 
capable to doe publicke service in bearing office therein ; 
although such person or persones desire not to be made a 
freeman or freemen ; and soe they shall be held capable 
to be chosen into office in the said respective towne or 
townes, &c. 

Whereas, there hath formerly been a law that hee that Themw^for^ 
pulls down any fence shall forfitt five pound, it is by this pg'^aied.'^" 
Assembly declared, that t;hat law shall be and is hearby 
repealed. 

Whereas, of late the Generall Assemblyes have ap- J^ii^e^a^u^<i^^ 
poynted an auditt to examine the accounts of the fowre ^^'°''* '^"''■ 
townes as relating to the rate and rates made to defray 
the charge of procuring the Charter, and other charges 
ariseing on severall occasions for this Collonys vse and be- 



conuay him to be secured to a legall tiyall, where he ought to be tried ; 
which we judge to be but a neighborly duty. We haue not to add, but 
the tender of our respects ; and that we are, worthy gentlemen, your af- 
fectionate freinds and loueing neighbours, the G-enerall Assembly of his 
Majesties Colony of Conecticutt. Signed per your order, 

October 18, 1670. Per Mr. JOHN ALLYN, Secretary. 

Superscribed. 
For the much Honored the Generall Assembly of his Majesties Colo- 
ny of Ehode Island, &c, in Newport, this. 

Per Mr. JOHN CE AND ALL. 



358 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. hoofe ; which auclitt, by reason of the defect of the towne 
'-*"'-"*^ of Providence not having taken place, although the rest at- 
tended the service at two severall times appoynted, but 
could do nothinge because the order tyed the whole fowr.e 
to agree in that case whereby those that travelled therein 
did lose their labor, and whose accounts remain vnauditted, 
which is very obstructive to rayzing supplyes. But to 
prevent such henderances [in future], the Court doe en- 
acte and declare, that the persones formerly chosen to be 
the auditt (viz.), the Gouernor for Newport, Mr. John 
Sailes for Prouidence, Mr. Thomas Cornell for Ports- 
mouth, and Mr. John Weeks for Warwick, shall still re- 
maine in that power ; and are hearby ordered and im- 
powered as fully as formerly, to auditt the said accounts, 
and to that end to meet at Newport, the one and twentyeth 
day of March, now next coming ; and if either the whole 
fowre or any three of them agree on the accounts, it shall 
be authenticke, although any one of the fowre be absent 
or doth not concur with the rest, though hee be present ; 
and to be the more cartaine of the proceeding in the 
auditt, it is ordered, that if by reason of sickness or other- 
wise, any of the forenamed shall not be able to attend the 
service, it shall be in the power of either tov/ne to send 
another in the roome or stead of such fayling partye, who 
shall have the same power as the other had in that 
respect. 

The Assembly being sensible of the want of moneys in 
Jitem"ad*e ^^^ Geucrall Treasury, whereby many debts due from the 
to bTfoftht Colony are unpayed, to the determent of such to whome 
coiiony, they are indebted, be it therefore enacted, that a presant 

and how to J ^ ' i 

be gathered, coursc bc takcu to gather vp the rate of three hundred 
pound that was ordered and levied on the severall townes 
and places of the Collony at the Court held at Warwick, 
the 29 th of June last past, which was intended for the 
supply of an agent or agents to goe for England, as in 
that order it is expressed ; as alsoe it is ordered, that 
some effectuall and speedy course be taken to gather vp 



AND PROVIDENCE PLANTATIONS. 359 

the remainder of the sixe hundred pound rate that was 1G70. 
made in the yeare 1G64, and that the same, together with ^-*'~^^*-' 
the three hundred pound aforesaid, be payd in together to 
the Generall Treasury, by such as have not payd their part 
of the six hundred pound rate ; and such as have payd 
that rate, are to pay their respective parts of the three 
hundred pound rate above mentioned vnto the Generall 
Treasurer ; alsoe all which said rate and. rates are without 
faile to be payd in by each person therein concerned at 
or before the 25th day of December now next coming ; 
and in case any shall refuse or neglect making due pay- 
ment accordingly, it shall be in the power of the Govern- 
or, with any two Assistants, to appoynt any person or 
persones they judge meet, to take the same by distraynt, 
having warrant vnder the hands of the Governor and two 
Assistants soe to distrayne, and shall bring what they soe 
take, into the Treasury aforesaid ; as alsoe they shall have 
power to take soe much more as by former order is al- 
lowed to be taken for defraying the charge of taking it by 
distraynt, which is five shillings on the pound, &c. And 
it is further declared, that the said rate and rates are to be 
payd in good porke, at three pence the pound ; pease, at 
three shillings and six pence the bushell ; wheat, at five 
shillings the bushell ; Indian corne, at three shillings the 
bushell ; oats, at two shillings, three pence a bushell ; 
wooll, at twelve pence the pound ; and butter, at sixe 
pence the pound ; or such other pay as Mr. John Cogges- 
hall, Generall Treasurer, shall see cause to accept. And 
in case any bee willing to pay their rate, or part thereof 
in New England money, then every shilling soe payd 
shall be accepted, instead of two shillings of the pay 
above mentioned. And whereas, there are some who doe 
or shall engage to lend the Collony money at present, to 
discharge that dept of eightye pound starling due from the 
Collony, to ]Mr. Richard Deane, in England ; it is order- 
ed, that the said persones soe paying for that account, 
shall speedily be repayed out of the rate and rates afore- 



360 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. sajd ; and shall have fortye shillings, in New England 
^-«'"^'"^-' money for thirty shillings in England ; and soe for any 
greater sum proportionally ; and in case money be not to 
be had, then they shall have provisiones instead thereof 
double instead of New England money ; that is, at halfe 
the price abovesett vpon each specye of provisiones. And 
seeing the towne of Warwicke do vndertake to discharge 
eight and twentye pound, ten shillings of that dept in 
England, it is ordered, that if they doe it as engaged, 
then what may remaine vnpayd of their part of the six 
hundred pound rate shall not be taken by distraynt vntill 
the audit appoynted shall have met at the time and place 
before prefixed, to auditt the townes accounts ; but as to 
the three hundred pound rate, the towne of Warwick, as 
well as other townes, shall pay in at or before the 25th of 
December aforementioned to the Generall Treasurer as 
aforesaid, and shall not stop or detayne all or any part 
thereof, in consideration of that twenty eight pound, ten 
shillings, engaged to pay in England as aforementioned ; 
but in case of default in that rate, by none paying it, they 
shall be lyable to be distrayned vpon as well as others, and 
a coppie of this order speedily sent vnder the Recorder's 
hand to Block Island and every other place, shall be ac- 
counted sufficiente notice for them to hasten the levying 
and paying their respective rates accordingly. 

Whereas, the Generall Assembly that sat at Warwicke, 
June the 29th, last past, did impose a rate on the severall 
townes and places of this Collony, and the Assembly hav- 
ing farther taken consideration of the premised matter soe 
as to confirme the same, and considering that the former 
rate made in the year 1G64, could not be gathered by the 
Gen'll Sargant, or any in publicke place soe as thereby to 
pay the Collonyes debts due to Mr. Richard Deane, in 
England, &c., by reason the rates were not made in sev- 
erall places, as Pettaquamscott, Block Island, &c. : for 
the removeing of which obstruction, and that the matters 
may be carried on to effect, it is ordered by this Assembly 



AND PROVIDENCE PLANTATIONS. 361 

and the authoritye thereof, that for the rate that was ira- IGTO. 
posed on Pettaquamscott, in the yeare 1664, and alsoe for'"'"^^ — 
this present rate, that Mr. John Porter, Mr. Samuell Wil- 
son, Mr. Jirah Bull, Thomas Muniford, and Eber Sher- 
man, these five or any three or more of them, have full 
power to make the rate or rates aforesaid. And for Block 
Island, Mr. Thomas Terry, Mr. James Sands, Mr. Sam'll 
Hagboum, Mr. Peter George and Mr. Robert Guttery, 
these five or any three or more of them, have full power 
to make the rate or rates for that which is imposed on 
Block Island. And for the rate that is imposed on Co- 
nonicott, the persons that are nominated and appoynted, 
are the Governor, Mr. AVilHam Coddington, Mr. Peleg 
Sanford, Mr. Frances Brinly, Mr. Robert Carr and Mr. 
Caleb Carr, these sixe or any fowre or more of them have 
full power to make the rate imposed on Cononicott ; and 
in case those persons before named, belonging to the sev- 
erall places aforesaid, shall refuse or neglect the making a 
just and equall rate on the severall inhabitants or proprie- 
tors belonging to each place, that then warrant shall goe 
forth from the Governor and any two Assistants, to any 
person whome they shall think fitt, to distrayne on any of 
the refuseing persones estate, the full sum that is imposed 
on the place, as by the aforesaid order is expressed. And 
further, for the preventing of all manner of delayes that 
may arise, it is ordered, that these severall rates shall be 
made within sixe dayes after the coppies come to the 
severall townes or places of this Collony, which coppies 
are to goe forth from the Recorder within sixe dayes after 
the dissolution of this present Court. 

Ordered, that what part of the rate or rates formerly or 
now ordered to be payed into the Generall Treasurer, that 
for all that hee receives in provisiones, hee shall be al- 
lowed for his care and paynes therein, one shilling vpon 
the pound ; but nothing for that he receives in money or 
what he receives for any fines that are due to the Collony, 



362 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. and what charge hee shall be at, hee shall be allowed for 
"-*"^'''*-' that besides. 

Ordered, that any man that hath been employed vpon 
Il-^nVwiis ^^^y P^^blicke imploy vpon the Collonyes account, there 
t^otheTreas i-^'Ugg ijgmg slgncd by thc Governor, Capt. John Cranston, 
Mr. John Coggeshall, Mr. John Easton, or any two of 
them, with the Governor, it shall be a sufficient order for 
the Generall Treasurer to pay such bills to those that have 
them soe signed. 

Whereas, there is a bill presented to this Generall As- 
^\°e writs sembly, that they would take care to provide that in any 
jent's^roome casc or cascs wherciu the Generall Sars-ent is a party con- 

ifhebea *=' i ./ 

parry. ccmed, that some other person may be appoynted to offi- 
ciate therein, as to serve the summones by which hee is to 
be summoned to the Court, or to serve execution in case 
hee be cast in any action, &c. It is ordered, by this As- 
sembly and the authorytye thereof, that the Towne Sar- 
gant in what towne soever the Generall Sargant shall live, 
shall have the full power to officiate in any case wherein 
the Gen'll Sargant is a party, that the Gen'll Sargant 
hath in any other persones case or cases, and in soe acting 
shall be justified, and his legall proceedings therein, held 
stable and good in law. 

Whereas, there was a suit commenced by John Knowles, 

The matter of Warwlckc, agalnst Wawenockshott, an Indian, for burn- 

Kn'owies and ^^^S ^^^^ ^^^J 5 ^^'^^ ^^^ ^^^^ Court of Trlallcs it was thought 

an Indian, good to stop Or prevcnt the proceedings in the way of 

law, because the Indians could not vnderstand the way of 

our proceedings, &c., it is by this Assembly thought fitt, 

and wee do hearby declare that the matter aforesaid is 

fully left to the determination of the three Assistants of 

Providence, and the two Assistants of Warwick ; these 

five or any three or more of them agreeing, are fully im- 

powered to issue and determine in the premises. 

Upon a motion made by Capt. John Cranston, that the 

Training Court wouUl altor the dayes of training in the towne of 

Newport, partly for that some of the towne of Newport 



AND PROVIDENCE PLANTATIONS. 



363 



concernmg 
Flounders 



traynhig dayes fall on the clayes appoynted for the Towne 1670. 
Councill sitting, and soe the one hinders the others pro- ^-*^-^«*» 
ceedings, and partly for that the trayning dayes at Ports- 
mouth and at Newport falling on the same dayes together, 
soe that the officers and such souldiars as would be pres- 
ant at each others exercise for giveing the more vigour 
and giveing the more experiance, are hindered by the soe 
falling of the exercise at both places on one and the same 
day : be it therefore enacted, that where the trayning at 
Newport falls on the first Monday in the month, it shall 
for future be on the second Monday of the said month ; 
and where it falls on the last Monday, it shall be hence- 
forth the last Monday save one in the same month, any 
former order to the contrary notwithstanding. 

Whereas, Edward Greenman and John Greene, of 
Newport, hath prayed the Assembly to order and declare e-Tt"' 
as touching the disposall of the estate late belonging vnto 
Thomas Flunders, alias Flounders, lately executed for 
killing Walter House, &c. : the Assembly being sensible 
that the said estate is forfitted vnto our Soveraigne Lord, 
the King, as appeares by the statute law of England, in 
such case provided, and the Assembly considering that by 
his Majesty es late royall grant vnto this Collony hath gra- 
tiously given them the free disposall of all such fines and 
forfitures, doe there vpon order and declare, that all the 
said estate be seized and secured by order from Mr. John 
Coggeshall, Generall Treasurer of this Collony, to be dis- 
posed of by order from the Generall Assembly, for defray- 
ing the charges that hath necessarily arisen in and about 
the apprehending, imprisoning, trying and executing the 
said Thomas Flunders, alias Flounders, which charges be- 
ing thereout fully paid and cleared, the Assembly commis- 
serating the solitary and poore estate and condition of 
Sarah, the late wife of the forenamed Thomas Flunders, 
alias Flounders, doe freely give all the remainder of the 
said estate vnto the said poore widdow, for the reliefe and 
comfort of her and her poore infant, to be delivered to her 



364 'records of the colony of rhode island, 

1670. or her order, when time shall be conveniante, as aforesaid. 
'-^"-^''^^ And farther doe order, that for her presant releife in the 
meane time, she shall have all the bedding and household 
stuffe, and one cow and one hogge, together with the 
corne, given and delivered to her vse out of the said 
and the remainder of the rest afterward, as afore pre- 
premised. 

The names of such of the tov^^ne of Providence, as are 
made free of the Collonye. 

Christopher Smith, Anthony Everenden, John Smith 
Mason, Leonard Smith, Daniell Williams, James ^latte- 
son, Nathaniel Waterman, John Angell. 

The names of such of the towne of Newport as are 
made free of the Collony : 

Nicolas Easton, Jun'r, John Easton, Jun'r, Weston 
Clarke, John Crandall, Joseph Devell. 

Ordered, that the coppies of this Court orders, and the 
coppies of the Assembly, that sat October the 13th in- 
stant, shall be sent to the townes, vnder the seale. 

Ordered, that the Recorder shall have twenty shillings 
from each towne for the aforesaid coppies to the townes, 
and five shilhngs from Block Island, and the lycke from 
Petaquamscott. 

Ordered, that the Recorder shall have five shillings 
from each towne, for the coppies of March Court. 



Att a meeting of the Governor and Magistrates of Newport j 
at Nevjport, Januarij oOth, 1670, the occasion of the 
said meeting bei?ig for alloiving and signing the severall 
debts due from the Colony to perticular persons. 

£ s. d. 
There being an account presented by Richard 
Baily, which was proved, and by which there did 
appear to be due vnto him to ballance the said 
account, five pounds, six shillings ; the said 
account was allowed of and signed accordingly. 6 06 



AND PROVIDENCE PLANTATIONS. 3G5 

There is allowed to Mr. James Barker for his £ s. d. 1670. 
voyage to Narragansit to the Conecticot Com- v--»-v-**^ 

missioners, four shillings. - - - - 4 

There is allowed to Mary Timberlake for a 
horse hired to New London, for Richard Baily, 
fifteen shillings. - - - - - - 15 

There is allowed to Thomas ffry for provisions 
for John Galliardy, who was prest to goe to 
Narragansitt to fetch Mr. Crandall, the sum of 
two shillings, six pence. - - - - 2 6 

There is allowed to Thomas Watterman, for 
victualls and lodging to Ninecraft and Sawa- 
gonett, ten shillings. - - - - - 100 

There is allowed to Nathaniell Dickins, for 
service done for the Collony, four shillings, to 
be paid out of Thomas fflounders estate. - - 4 

There is allowed to Mr. Robert Carr, for sev- 
severall publick services done by him, and his 
sloope and hands to this day, nine pounds. 9 00 

There is allowed vnto Mr. Henry Palmer for 
severall disbursements and services by him done 
vnto this day, three pounds. - - - - 3 00 

There is allowed vnto ]Mr. Caleb Carr, for 
severall services done by him and his boate, to 
this day, four pounds. - - - - -4 00 

There is allowed vnto Lft. Joseph Torrey, for 
severall services that appeare to be done by 
him vnto this day, six pounds, eight shillings 
and eight pence. 6 08 8 

There is allowed to Serjeant William Wee- 
den, fiue shillings and six pence in money, for 
severall disbursements by him, being for money 
lent in the Grenerall Assembly. - - - 05 6 

There is allowed to Watte Clarke, for his 
boate in transporting of John Easton, Joseph 
Torrey, and Joshua Goggeshall to Providence, 
and bringing them downe, which was by order 



566 RECORDS OF THE COLONY OF RHODE ISLAND, 

1670. of the Generall Assembly in March, 1669-70, £ s. d, 
'-^^v-**-' the sum of twenty shillings. - - - - 1 00 

There is allowed to John Peckham, Junior, 
for the hire of his horse to goe to Hartford with 
Joseph Torrey, Jun'r (and for J\lr. CrandaU's 
horse, which went part of the journey), the sum 
of twenty shillings. 1 00 

There is allowed to Serjeant Rogers, for dis- 
bursements about Thomas fflouuders, thirty shil- 
lings, to be paid out of Thomas ffiounders 
estate. - - 1 10 

There is allowed to Capt'n Cranston, for his 
voyage to New Yorke and Seaconck, in the 
yeares 1664 and 1665, and for other service 
done by him, four pounds, sixteen shillings and 
six pence. - - - - - - -4 16 6 

There is allowed to Jeremiah Browne, for 
the hire of his boate to bring downe about 
twenty persons from Providence, by vertue of 
an order from William Brenton, Esq., then 
Governour ; and alsoe for his boate to goe to 
NarragMDsitt, with Mr. John Crandall, Sen'r, 
in the yeare 1670, the sum of forty shillings. 2 00 

There is allowed to Sarah Reape, for hire of 
her horse for the A^se of IMr. John Crandall, to 
goe to Hartford, twenty shillings. - - - 1 00 

There is allowed to James Browne, for four 
dayes service, twelve shillings. - - - 12 

There is allowed to Thomas Brookes, for fine 
dayes service, fifteen shillings, - - - 15 



42 09 2 
There is allowed to Mr. John Coggeshall, 
for charges expended by him about Thomas 
ffiounders, ten shillings, to bee paid out of the 
said ffiounders estate. - - - - - 10 

March 30. 



AND PROVIDENCE TLANTATTONS- 361 

A bill signed to Pardon Tillingliast, for the vse of his 1671. 
boate. __----- 10 0^-*— - 

To Mr. John Ahiiy, for a horse, and his 
owne, and his mans paines in goeing to 
Plimouth, nine pounds, ten shillings. - - 9 10 

To Mr. John Greene, Assistant, for his 
charges and paines in goeing to the Treaty at 
New London, and other pnbHck expenses, ten 
pounds. - - - - ~ - - 10 00 



Proceedings of the Generall Assembly held for the Collony 
of Rhode Island and Providence Plantations at Newport^ 
the 2d of April, 1671. 

Voted, whereas sundry persons of the towne of Ston- 
ington, in the jurisdiction of Connecticut Collony, have of 
late in a most riotous, tumultuous and rebellious manner, 
made incursions upon the towne of Westerlye, in this his 
Majestye's Collony of Rhode Island and Providence Plan- 
tations, &c., and have knocked down, carried away, and 
under a pretence of authority derived from his Majestye, 
have imprisoned and sentenced severall persons of the said 
towne, to the great affrighting and disquieting of the rest : 
and whereas, upon notice given to the Governor and gov- 
ernment of the said Connecticut Colony, instead of bringing 
the said offenders, or at least the ringleaders of such riotous 
and rebellious practices, to receive suitable recompence for 
such heinous offences by them committed against our Sov- 
eraigne Lord the King, and his loyall subjects of that place, 
or to deliver them up to this jurisdiction where the offence 
was committed, in order to receive by their hand condign 
punishment for the same, have countenanced and encour- 
aged the afforesaid offenders, alledging that they had Pa- 
tent Right to exercise jurisdiction over those parts, and over 



368 RECORDS OF THE COLONY OF RHODE ISLAND, 

] 671. all the Nanaganset country beside, whicli yet are so plainly 
^-*^-^'^*-' expressed in his Majestye's gracious grant given vnto vs. 
And whereas, the preceding Generall Assembly of this 
Collony (in order to prevent the elFusion of blood vpon 
that account, together with the reproach and dishonor that 
may thereby arise and come vnto his Majestye's authority, 
which he hath been pleased graciously to invest these his 
Collonys with), as peaceable minded neighbours to Con- 
necticut Collony, and as loyall subjects vnto his Majestye, 
have often moved them for a friendly treaty touching the 
premises, in order to attain such a right understanding of 
his Majestye's mind therein, expressed in his gracious 
grants bestowed upon us as may be for our mutual satis- 
faction and content, so as to prevent the giving of his 
Majestye, ourselves and our friends any further trouble 
touching the same ; and when that essay failed, and 
would not by them be attended unto, did further make 
unto them such fair tenders for peace with respect to pro- 
priety, and also jurisdiction, as appealing to his Majestye 
for his decision therein, which we are persuaded no good 
Christian peaceable minded man or loyall subject, that is 
not extremely biassed with self-concerns vpon a private 
account, can turn aside from. And notwithstanding all 
these attempts cannot prevail with them for a friendly com- 
plyance with us therein, but on the contrary have received 
from them as their last result, a fixed resolution to force 
their way, which alsoe forceth us to prosecute our appeale 
to the vtmost before his Majestye for his royall result and 
determination therein, in which we shall cheerfully ac- 
quiesce as loyall subjects ought to do, and yet since we 
cannot but take ourselves obliged both by nature and 
grace in the meane time vigorously to assert his Majes- 
tye's sovereignity over the whole countrey, and to exert 
and put forth the authority and trust by him committed to 
us over these parts ; wherefore, be it enacted by this 
present Assembl}' and the authority thereof, that in case 
any of the men of Stoningtown aforesaid, or any other be- 



AND PROVIDE*NCE PLANTATIONS. 360 

longing to that jurisdiction, after the peaceable tenders 1670. 
that have been made as is abovesaid, shall be found plot- -^^^-^^^ 
ting, contriving or acting in such riotous, rebellious pro- 
ceedings and practices for the time to come, whereby his 
Majestye's authority conferred on this Collony is invaded, 
and the lives and estates of his liege people hazarded, that 
then all the right and title pretended to either in land, 
houses, goods or chattels within this Collony by such plot- 
ters, contrivers or riotous actors, their aiders and abettors 
as to them, their heirs and assigns, shall be deemed void 
and null as forfeited to his Majestye, and shall be forth- 
with seized upon according to his royall grant to us, for 
the use of the Collony ; and also the persons of such plot- 
ters, contrivers and riotous actors, their aiders and abettors, 
when they can be apprehended and seized, being found 
within this Collony, shall receive such condign punish- 
ment otherwayes for their said offences, as his Majestye's 
laws have provided in such like cases. 

And be it further enacted by this present Assembly,^ 
that in case any of the inhabitants of the towne of Wes- 
terly, who are expressly within the bounds of this Collony, 
and have solemnly engaged submission unto the authority 
which his Majesty hath been pleased to invest vs with 
over those parts, shall at any time hereafter, put his 
lands, or any part thereof, that are on the east side of 
Pawcatuck, alias Narraganset river, and the line drawn 
from thence as is expressed in our Charter, under the 
government of Connecticut or any other jurisdiction, or 
shall endeavor actually to bring in the aforesaid govern- 
ment or any other foreign power, to exercise authority 
over those parts or any other part of the Collony, or yield 
obedience thereunto, he and they and every of them, shall 
incur the penalty for either the aforesaid offences, that the 
law made in 1658 hath provided ; which is to forfeit all 
his or their land and estate to the Collony. 

And it is further enacted, that what damage any per- 
sons in the towne of Westerly, or any others in this Collo- 

VOL. II. 24 



370 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. ny, shall sustain (by reason of their adhering to the gov- 

^-*^^'-^-' ernment established in this CoUony), in their persons or 

estates, their damage shall be made good and repaired out 

of the estates of those that are the occasioners thereof, or 

actors therein.* 

Att a meeting of the Governor arid Magistrates of Newport, 

at Newport, Apr ill 11th, 1G71. 

There being this day a letter delivered to the Governor 
from the Honored Thomas Prince, Esq., Governor of New 
Plimouth, ordered, that the ensueing answer be returned 
by the same messenger. 

Honored Sir : Yours of the 4th instant wee received 
tliis day, and immediately resolved to returne an answer 
by the messenger ; and indeed ^vee did very much won- 
der, that while there were soe continuall rumors of inva- 
sions from the Indians, wee did not receive some intima- 
tions from you, what you conceived might bee the ground 
thereof, or of the present assembling of the Indians in hos- 
tile manner soe near our doores ; and as wee have been 
wholly ignorant of the causes of these commotions, soe 
wee are of the present state of them ; only haue been 
thereby soe farr awakened that w^ee looked at ourselues 
obliged to doe our duties for preventing those evills that 
might bee the consequences of security. And haue there- 
fore kept a watch in all places, where wee conceived dan- 
ger might probably approach, which wee haue maintained 
for neare a moneth. But hauing now received soe excel- 
lent and seasonable information from yourselfe, w^ee cannot 
but with all gratitude accept it, and could haue been 
glad if it had come to hand sooner, that wee might haue 
waited vpon you at Taunton. But since the time is 
elapsed, wee heartily desire that the Lord will graciously 
assist you in your present agitations, and giue such 



* I am indebted to the Hon. Elisha R. Potter for an early manuscript copy 
of this act, which does not appear in the record in the Secretary's office. J. R. B 



AND PROVIDENCE PLANTATIONS. 371 

speede to your endeavours that thereby the interest of 1671. 
our Soveraigne may bee promoted, and his subjects in '-*'^''^**^ 
these parts of the world secured in peace and peaceable en- 
joyment of their habitations. If vpon your overtures with 
Phillip, you discern any thing the knowledge whereof you 
shall thinke may promote the common good and safety, 
wee earnestly desire you will be pleased to impart it to 
ys, and assure your selues wee shall soe improue it as that 
wee shall manifest wee are, 

(Sir), your affectionate friends and neighbors, 

BENEDICT ARNOLD, 
JOHN CRANSTON, 
JOHN COGGESHALL. 
Iff any thing of consequence present to vs, wee shall 
omit noe opportunity of glueing you information of it. 

To the Honorable Thomas Prince, Esq., Governor of 
his Majesties Collony of New Plimouth. These 
present at Taunton. Per JABEZ HACKITT. 
The acts and proceedings of this yeare 1670, from May, 
1670 to May, 1671, are placed to record as aboue. 

Per RICHARD BAILY, Secretary. 

The Licenses vnderwritten are placed to record by or- 
der of the Governor and Magistrates. 

Henry Palmer's Recognizance. 

Know all men by these presents, that wee, Henry 
Pallmer, Caleb Carr, and Peleg Sanford, all of Newport, 
on Rhode Island, doe acknowledge ourselues indebted 
vnto our Soveraigne Lord, the King, in the true and just 
sum of twenty pounds sterling ; that is to say, the said 
Henry Palmer, in the sum of ten pounds, and the said 
Caleb Carr and Peleg Sanford as sureties for the said 
Henry Palmer in the true and just sum of fiue pounds a 
piece, to be leaded on their lands, goods, or chattels. In 
witness whereof, they haue herevnto set their hands the 



372 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. eight and twentieth day of Aprill, one thousand, six liun- 
^-^^^'-"^-'dred and seventy one. 

The condition of the abouesaid obligation is such, that 
■whereas, the abouesaid Henry Palhner hath a license to 
keepe a publick ordinary, or victualing house, for the en- 
tertainment of strangers, or others. If therefore, the said 
Henry Pallmer shall not permit or suffer that there bee 
any disorders in his house, either by vnreasonable drink- 
ing, or persons remaining there at vnseasonable times, or 
vseing any manner of games ; but shall in all respects 
keepe and maintaine such good and civill orders in his 
said house as are agreeable with the laws and peace of 
this towne of Newport, aforesaid ; then this obligation to 
bee voide, or else to remaine in full force for our Sover- 
aigne Lord, the King, against the said Henry Palmer and 
his sureties in manner and forme as is aboue in these 
presents expressed.* HENRY PALi\IER, 

CALEB CARR, 
PELEG SANFORD. 
Taken before mee, the day and yeare, aboue wrti- 
ten. JOHN CRANSTON, Ass't. 



* There are several other licenses ou record, together with bonds accompa- 
nying. It is not deemed necsesary to print them here. J. E. B. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly of the Collony of 
Rhode Island and Providence Plantations, held at Nevj- 
port, May the 2d, 1671. 

Mr. Benedict Arnold, Governor. 

Mr. Nicolas Easton, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. John Easton, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Olney, Jun'r, 
Mr. William Baulston, 
Mr. John Tripp, 
Capt. John Greene. 
Mr. James Greene, 



DEPUTIES. 


For Newport. 


Mr. William Smyton, 


Mr. John Clarke, 


Mr. Joshua Coggeshall, 


Mr. Caleb Carr, 


Mr. John Sanford, 


Mr. Peter Easton, 


For Warwicke. 


Joseph Torrey, 


Mr. Benjamin Smith, 


Mr. Richard Bayley, 


Mr. Stukely Westcott, 


Mr. James Barker, 


Mr. Walter Todd, 


For Providence. 


Mr. Richard Carder, 


Mr. Thomas Olnye, Sen'r, 


For Westerly. 


Mr. John Sailes, 


Mr. John Crandall, 


Mr. Shadrack Manton, 


Mr. Tobias Sanders^ 


Mr. Ephraim Carpenter, 




For Portsmouth. 




Mr. Thomas Cornell, 





The Governor chosen Moderator. 
Joseph Torrey, Clerke of the Assembly. 
Robert Dennis, Caleb Arnold, Latham Clarke, William 
Burrington, John Pinner, John Borden, Henry Bright- 



374 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. man, Danill Lawton, John Pearce, George Browneliy 
'-^'~^-^-' Peleg Shearman, Thomas Havens, Thomas Ffish, Jun'r, 
David Vaughan, Zurill Hall, all of the towne of Ports- 
mouth, are accepted ffreemen of the Collony. 

Ordered, that the Generall Assembly shall sitt tomorrow 
morninge, at eight of the clock, that soe the Election may 
goe on the more clcerly. 

Some motions proposed by Capt'n John Cranston, are 
referred to the Generall Assembly that is to take place 
tomorrow, to be further considered. 

This Generall Assembly dissolved. 

In this Assembly, John Crandall, Jun'r, Joseph Devell, 
Thomas Ward, Nicholas Davis, William Richard, Jun'r, 
Steven Sebeere, William Hiscox, Phillip Eads, Symon 
Parrot, Jeremiah Browne, John Beere, Hen Beere, Ben- 
edict Arnold, Jun'r, Phillip Smith, Joseph Card, Steven 
Mumford, John Salmon, James Clarke, Zachary Gant, 
and James Brown, all of Newport, are admitted ffreemen 
of this Collony. 

Att the Generall Court of Election held at Neivport, May 
the 3c?, 1671, [there] ivas elected in the Generall Assem- 
bly, consistinge of the aforenamed persons then sittinge. 

Mr. Benedict Arnold, Governor, engaged. 
Mr. John Clarke, Deputye Governor, engaged. 
Capt'n John Cranston, Assistant, engaged. 
Mr. John Coggeshall, Assistant, engaged. 
Mr. James Barker, Assistant, engaged, 
Mr. William Carpenter, Assistant, engaged. 
Mr. Thomas Olney, Assistant, who refusinge, was elect- 
ed (by the Assembly) Mr. Thomas Harris, Ass't, engaged. 
Mr. Roger Williams, Assistant, engaged. 
Mr. William Baulston, Assistant, engaged. 
Leivt. John Albro, Assistant, engaged. 
Capt. John Greene, Assistant, engaged. 
Mr. Benjamin Smith, Assistant, engaged. 
John Sanford, Generall Recorder, engaged. 



AND PROVIDENCE PLANTATIONS. 

Mr. James Rogers, Gen'U Sergant, engaged. 
Mr. John Coggeshall, Gen'll Treasurer, engaged. 
Mr. Richard Baily, Gen'll Aturney, who refusinge, was 
elected (by the Assembly) Lt. Joseph Torrey, Aturneye. 
Mr. William Harris, Generall Solicitor. 

Whereas, Mr. John Crandall, of the towne of Wester- 
lye, hath been, as is asserted, apprehended, and now is in 
durance, by the Collony of Connecticut, and for no other 
cause than for endeavoring to maintain the authority of his 
Majestye granted to this Collony ; and having by Mr. To- 
bias Saunders desired the advice of the Governour and 
others in this Collony, whether to give in bond to the 
authority of Connecticut or to abide imprisonment. This 
Assembly doe advise the said Mr. John Crandall, that in 
any matter relating to his actings for the maintaining 
his Majestyes authority in this Collony, he give no bond. 
And also the Assembly do promise, that if he be forced to 
imprisonment for the premises, this Collony will bear his 
charges thereby, and endeavor to justify his actings 
therein. 

The Assembly adjourned vntill tomorrow morning, the 
4th instant, eight of the clock. 

May the Uh. The Assembly called, and sat. 

Ordered, that the letter that the Moderator hath drawne 
up and read, be sent to Mr. William Baulston, to pray and 
require him to come and take his engagement to the place 
of Assistant, to which he is elected by the free voate of 
the people. 

Mr. Richard Baily, beinge elected by the ffree voate of 
the people to the place and office of Generall Aturney ; 
and beinge called to take his engagement to that place, 
hee doth refuse to take his engagement ; whereupon the 
Court orders that another be chosen. 

Leivtennant Joseph Torrey is chosen Generall Aturney 
by the voate of the Assembly. 




376 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. Ordered, that the letter drawne and read, be sent to 

-*^-^*^i\Ir. Thomas Olney, Jun'r, and Mr. Benjamin Smith, to 

desire and require them to come with all possible speed to 

take their engagement to the places they are by the free 

voate of the people elected vnto. 

Ordered, that Mr. John Sanford doe speedily draw out 
the Aturneys commission, changinge those words or titles 
that are derogatory to his Majestye, and put in other 
words that may be suitable in such a case, and place the 
charge of drawinge it to the Collonys account. 

Ordered, that the Governor, Capt. John Greene, and 
Mr. Richard Baily be desired to drawe up a letter to the 
Generall Assembly of Conecticot, and present it to the 
Assembly, to be confirmed. 

Ordered, that what is drawne up and presented by the 
Recorder for a commission to the Generall Aturney is ap- 
proved of in Court. 

A Committee chosen to consider of Mr. John Crandalls 
motion as with respect to afoarding them at Westerly 
some helpe. The persons appointed are Capt'n John 
Cranston, Mr. John Coggeshall, Mr. Roger Williams, Mr. 
John Easton, Mr. John Albro, Mr. Caleb Carr, Mr. 
Richard Carder and Mr. John Tripp. 

Ordered, that the letter which is draw^ne up and hath 
been read in the Assembly, to be sent to the Generall As- 
sembly of Conecticott from this Generall Assembly, is ap- 
proved of, and ordered to be sent. 

Ordered, that the Recorder shall signe the aforesaid 
letter, a copie whereof is viz. : 

Letter from Rhode Island to Connecticut. 

Newport, in Rhode Island, May 6, 1671. 
Honored Gentlemen : We cannot but once again signify 
unto you the exceeding troubles, the inhabitants of this 
Collony, liveinge at the towne of Westerlye, on the east 
side of Paucatuck, alias Narragansett river^daily sustain, 
by the violent and furious iruptions and assaults of their 



AND PROVIDENCE PLANTATIONS. 377 

neighbors, of Stonington, who say they are impowered by 1671. 
yourselves. We cannot but resent their sad condition, ^-*^^«^ 
and also seek to remedy the same, according to the ut- 
most of our power ; they being within the tract of land, 
by his Majestye granted unto us, in his royall Charter ; 
and which your agent in England did agree to be within 
our jurisdiction, as we doubt not but will appear to your- 
selves, if you please to take the paines to reade the in- 
strument under his hand ; and although, in our Governor's 
letter to you, you conceive there were some disunitinge 
expressions arising from heat ; we have read and seriously 
perused that letter, and finding nothing contained therein 
but just proposals, and true informations — tending only to 
promote peace and unity between these two Collonyes, 
cannot but approve of the same. Neither could we but 
judge that the honored Governor Winthrop was wholly 
ignorant of these proceedings of your Commissioners at 
Narragansett, which did so directly contradict, what in 
England, in the presence of severall worthy persons, he 
did really owne. Neither can it in reason be inferred or 
collected, that because pertickeler persons about Mr. 
Smith's tradinge house, had liberty to chuse, to which Col- 
lony they would belong, that therefore the bounds abso- 
lutely determined in that agreement should be disannulled, 
which we did, in an espesial manner insist upon — so it 
was proposed, not in that letter only, but in many others, 
whereof you were never pleased to signify that you took 
the least notice, and to which agreement we shall adhere, 
and which our Commissioners at New London did verbal- 
ly signify they would subscribe as the conclusion of the 
differances between these two Collonyes. But we per- 
ceive you do not only desert that agreement, but have 
also settled your resolutions, unless we will relinquish 
what his Majesty hath graciously granted unto us, which 
we have no power to do, you will treat no further. 

Gentlemen, we cannot but observe that in your last, 
while you carefully sum up those pertickelers which you 



378 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1671. conceive includes the whole purport of our letter of Octo- 
-^"^'"*^ber 15th last, you pass by as unregarded, a fourth, which 
if you had accepted, we doubt not but by this time our 
differances might have been determined, and that is our 
appeale unto his sacred Majestie, wdio as he hath re- 
ferred the determination thereof unto himselfe, soe his 
subjects cannot erect a greater manifestation of their sub- 
jection and loyalty than by submitting them selves unto 
his royall judgment, in which we are resolved to rest sat- 
isfyed, haveinge good grounds to hope suddainly to re- 
ceive some significations of his royall will and pleasure 
therein ; in the meane time we are determined in a faith- 
full discharge of the trust reposed in us by our Soveraigne 
Lord, the King ; and in obedience to his commands to vse 
our uttermost indeavours for the defence of all his Majes- 
ties subjects committed to our care. Wee shall add no 
more at present, but remaine, 

Your affectionate ffriends and neighbours, the 
Generall Assembly of his Majesties Collony 
off Rhode Island and Providence Planta- 
tions, &c. Signed by their order,* 

JOHN SANFORD, Recorder. 
To the Honored, the Generall Assembly of 
his Majesties Collony of Connecticutt, 
sitting at Hartford, these present. 



* Letter from Connecticut to Rhode Island, in reply to the 
foregoing. 

Hartford, May 11, 1671. 
Honored Gentlemen : We received yours of May the Cth, 1671, by Mr. 
Crandall, and upon pcrusall thereof, doe not know of any reall cause for those 
complaints therein mentioned. We were necessitated upon the often reall 
complaints and cryes of the people there, so much wronged and unjustly mo- 
lested by such as pretended to your authority, at length to endeauour [to ob- 
tain] their just relief. jVot finding our complaynts to you of such injurious 
dealings and our loueing pcrswasions of desisting such practices any way pre- 
ualent to obtayne your forbearance, we were certainly obliged, by his Majes- 
ties Commissioners in his gracious letters patten ts, to take care for remedying 
those unsufferable grieuances ; of which his Majesties subjects in those parts 



AND PROVIDENCE PLANTxlTIONS. 379 

Ordered, that Mr. John Crandall shall have twenty 1671. 
shillmgs in money, to beare his charge to Connecticutt. v-*-^^-*^ 
This Assembly havins: taken into consideration the ^vere made 

*' <-^ by the Ucto- 

many evill consequences that have and may yet issue by '^;^^ ^^^/;^j^ 

payd, how 

^ to be made 

■ ~~~ ^ and brought 

in. 

haue greatly complayned, and according to that power onely we haue acted, 
and to that we must adheare ; and it is impossible for us to be guided by any 
surer rule than his Majesties connnand and commission therein, being so posi- 
tive, firme, full and clearly declared by unquestionable limits and bounds ; and 
we haue certainly the priority of all other grants, whereby you know as well 
as ourselues, and that we will certaynly assert our just title and interest ; and 
we cannot but wonder at your persistance in glueing such disturbance to the 
gouernmeut orderly settled, and in inciting and abetting the people to resist and 
oppose lawfull authority ; and continue! ng to detaine those proprieties from 
the true owners and proprietors thereof, contrary to all equity and reason ; 
and the very essentialls of that agreement which you now mention, to which 
your agent subscribed, which you liaue hitherto fully disavowed by invading 
those proprieties (so purposely prouided for in that writeing within those 
limits) beyound which we haue [not] exerted any power ; and by your exert- 
ing gouernmeut ouer those people and places, expressly excepted by that write- 
ing, who had declared their desires to be with Connecticut. 

Gentlemen, we know not what you mean by that expression of what your 
Commissioners did verbally signefy at New London, when they did there so 
fully and often declare, that nothing should be heeded or valued which passed 
in discourse, but onely what passed in writeing between them concerning what 
you write your appeale, we saw eleerly that you had really taken off to our 
apprehensions all your intentions of such a matter, by your exerting authority 
in those partes of the Pequit and Narragansett [countries] since you gave in- 
timations. But how it can stand together we cannot understand, and doe not 
see particularly that you doe practically disavow that agreement in England, 
between our Gouernor and Mr. Clarke, your agent, in that you doe violently 
detaine the proprieties of persons from the right proprietors, which was so 
fully and principally provided for in that agreement. Seuerall treaties haue 
beene propounded, but you haue fayled us therein, and particularly what was 
represented from our Court in October last. And we haue now agayne a mo- 
tion in that kind from Mr. Clarke, your Deputy Gouernor, in his letter to our 
Gouernor, which we should be willing to assent unto, in either of the wayes 
mentioned in his sayd letter. But yet if any thing further be remayning with 
us double for a neighbourly composure rationally to hope for a good effect 
from it, we should not be backward to follow peace with all men, and haue 
therefore agayn chosen Commissioners impowered to attend (upon a moneths 
notice) when you shall make your desires to meet them at New Loudon or 
Hartford, to and for the end of a finall issue of the matter in controuersy. 
We mean (while in duty to his Majestic, our Soveraigne Lord, and his sub- 
jects under our gouernmeut) our gouernmeut shall go on to uphold peace and 
righteousness amongst the people, according to the declared pleasure of hiss 
Majestic in our Charter. 



380 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. reason that certaine townes and plantations in this Collony 
^-*^^'^'*^ have not as yett paid the severall rates that have been by 
order of the Generall Assemblye, held in 1664 and 1670, 
or some part of them respectively, and in pertickuler. 
The townes of Providence and Warwicke have not made 
any levie or assessment upon the inhabitants of the said 
townes as to what each pertickular inhabitant is to pay to 
the £300 rate levied in the Collony by the Generall As- 
semblye that satt at Warwicke, in June, 1670, and at 
Newport in October ffollowinge. And it appeareinge 
alsoe that the plantations of Pettascomscutt and Block 
Island, have not taken any care to levie either of the said 
rates upon the inhabitants of those respective places, ifor 
preventinge the dangers and inconveniencyes that may in- 
sue by reason of the severall neglects above mentioned. 
Bee it enacted and it is heerby enacted and ordered by 
this present Assembly and the authority thereof, that the 
said townes of Providence and Warwicke, shall each of 
them forthwith choose some coDvenient number of ffitt 
persons who shall, before the sixth day of June next, levie 
and assess upon the said townes inhabitants of the towne 
of which they are respectively chosen, the sums expressed 
in the £300 rate aforesaid, which said assessment they 
shall returne under their hands or under the hands of such 
number of them as shall be thereto appointed, to the Gen- 
erall Treasurer at or before the said sixth of June, which 
said sums soe assessed on such pertickular person shall be 
by him and them payd in specie according to the act made 
by the Generall Assembly in October last ; and in case 



Gentlemen, we sha'l give you no farther trouble, but remaj-ue, Honourd 
Sirs, your loueing neighbours and friends, the Generall Assembly of his Maj- 
esties Colony of Conecticutt, according to the declared i^leasure of his Majestic 
in our Charter. Signed per order per me, JOHN ALLYN, Secretary. 
These for the Honored Benedict Arnold, Esq., Gouernor 
of his Majesties Colony of Rhode Island and Providence 
Plantations, to be communicated to the Honoured Gen- 
erall Court there. P. A. 



AND PROVIDENCE PLANTATIONS. 381 

the persons chosen by the said townes or cither of them 1671. 
respectively shall neglect or refuse before the 10th of July --^'^v-^**-' 
next, to levie and assess the said rates on the said townes 
for which they are chosen, vpon the information by the 
Generall Treasurer, and that the persons soe appointed 
have not returned a coppie of the levie unto him under 
their hands accordinge to the time and manner afore or- 
dained ; then the Governor and two Assistants shall 
upon such information made, issue a warrant vnder theire 
hands to the Generall Serjeant or any other person they 
shall think fitt, to distraine the sums levied on the respec- 
tive townes on the estates of the persons soe neglectinge 
or refusinge. 

And bee it further enacted and ordained by this present 
Assembly and the authority thereof, that in case the said 
townes or either of them, shall refuse or neglect to choose 
men to make and levie the said rates in manner and forme 
as is above exprest, that then this Assembly doe hereby 
appoint, authorize and impower the persons hereafter men- 
tioned, to make the said assessment on the inhabitants of 
the tov/nes for which they are respectively chosen : that is 
to say, Mr. William Carpenter, Mr. Roger Williams, Mr. 
Thomas Olney, Sen'r, Mr. Thomas Olney, Jun'r, Capt'n 
Arthur Fenner, Mr. Thos. Feild, and John Whipple, Jr, or 
any fower or more of them for the towne of Providence. 
And Capt. Randall Holdon, Mr. James Greene, Mr. Ed- 
mund Calverly, Amos Westcot, and John Potter, or any 
three or more of them, for the towne of Warwick ; which 
said persons soe chosen and authorised by this present As- 
sembly, shall returne the levie or assessment by them 
made, on the severall inhabitants of the said townes tow- 
ards the said rate of £300, vnder their hands, or vnder 
the hands of such number of them as are here appointed, 
vnto the Generall Treasurer at or before the 30th day of 
June next. And in case the persons soe impowered and 
authorized by this present Assembly, shall neglect or re- 
fuse to levie the said rates on the townes for which they 



382 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. '"^i-'e respectively chosen, and retiirne the same in manner 
-■.,-»-v-">w and forme as is above expressed vnto the Generall Treas- 
urer, that then vpon comphiint thereof made by him, the 
Governor and any two Assistants shall have full power and 
authority to issue out warrants vnder their hands to the 
Gen'll Serjeant, or any other person they shall thinke j&tt 
to distraine the sums leried on the said townes respec- 
tively, on the estates of the persons soe neglectinge or re- 
fusinge. 

And bee it further enacted and ordained by this present 
Assembly and the authority thereof, that for the bringing 
in of the rates levied on Pettaeomscutt and Block Island, 
in the yeares 1664 and 1670, that the persons appointed 
and impov/ered by the act of the Generall Assembly in 
October last, for each the respective places last mentioned, 
or such number of them as by the said act is appointed, 
shall and are hereby impow^ered and authorized to make 
a rate for each the said respective places for the levieinge 
of the sums assessed on them towards the said rates ; 
which said assessments by them made, they shall returne 
Ynder their hands to the Generall Treasurer at or before 
the 30th day of June next, which if they shall refuse 
or neglect to doe, that then vpon complaint thereof made 
by the Generall Treasurer, it shall be in the power of the 
Governor and any two Assistants to issue out warrant to 
distraine the said sums levied on the said respective 
places, on the estates of the persons soe neglectinge or re- 
fusinge. 

And bee it ffurther enacted and ordained by this present- 
Assembly and the authority thereof, that if any towne or 
place shall not be able to pay in their rates according to 
the species and time above in this act ordained, then if 
they cann procure some sufficient person or personsto be- 
come ingaged that the sum assessed on such towne or place 
shall be paid in to the Generall Treasurer, at or before 
the 10th of November next, in specie as afore provided, then 
such towne or place that shall procure such surety or sure- 



AND PROVIDENCE PLANTATIONS. 6bO 

tyes, shall not be distrained upon for the neglect of 1671. 
payinge the sum or sums on such towne or place levied'-*''--'''**^ 
according to the former order. And whereas, Capt'n 
John Greene, Assistant, hath informed this Assembly that 
the towne of Warwicke have made a rate for levieinge the 
sum of eighty pounds, being their part of the £600 rate 
made in the yeare 1664, on the portickular inhabitants 
of that towne. 

Bee it flfiirther enacted and ordained by this Generall 
Assembly and the authority thereof, that a copie of that 
rate shall be returned to the Generall Treasurer at or be- 
fore the said sixth of June ; which if the said towne shall 
refuse or neglect, then in such case of neglect or refusall, 
the persons impowered by this present act to levie and 
assess on the said towne, their share of the £300 rate 
aforesaid, are hereby impowered and required to make an 
assessment on every pertickular person of the said towne 
of Warwick for the paying of the said sum of eighty 
pounds, vnder the same pennalty for their neglect or re- 
fusall as is provided in case they refuse or neglect to 
make the assessment ffor the said rate of £300. And 
lastly, it is hereby enacted and ordained by this present 
Assembly and the authority thereof, that a coppy of this 
act shall forthwith by the Generall Recorder be sent to 
each respective towne and place therein mentioned and 
concerned, under the scale of the Collony. 

Whereas there is a very great necessity for providinge 
of some speedy remedy for setling of the affaires of this 
Collony in the Narragansett country, and more espe- 
cially at the towne of Westerlie (which as it appeares by 
its address to this Court), is very much oppressed by the 
injurious and illegall actings of some inhabitants of Con- 
necticut Collony. 

Bee it therefore ordained by this present Assembly 
and the authority thereof (in which hath been the full and 
joynt advice and concurrance of the severall Deputies of 
each respective towne), that there be a Court of justices 



384 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. of the Peace, consistinge of the Governor or Deputy 
'-'^'''*^ Governor and six Assistants at least, to be held at AVes- 
terly, Pettacomscutt, and at Cocumscussett, and Aquid- 
nesett ; or else where, as they shall see cause on the 
severall dales and times hereafter exprest, in which said 
Court the said Magistrates shall proceed to inquire into 
the present state of those parts, and apply such suitable 
remedys as to them shall seem most convenient for set- 
linge the inhabitants there in peace and quietness. 

And it is hereby ffurther enacted by the authority 
aforesaid, that if winde and weather permitt, the said Court 
shall be first held at Westerly aforesaid, at or upon Tues- 
day, beinge the 16th of this instant May ; and at the 
other places at such time or times as unto them shall 
seeme most convenient ffor doeing and performeing. 
Whereof the said persons are hereby invested with the 
full power of this Assembly to doe any act or acts w-hich 
they shall judge most convenient to be done or executed. 
And for the better carryinge on and attendance on the 
said Court, it is hereby ordered, that the severall officers 
hereafter named, shall accompany the said Court, which 
officers soe ordered to stand, are Richard Baily, Secre- 
tary, Lieut. Joseph Torrey, Generall Aturney, and James 
Eogers, Generall Serjeant. 

And it is alsoe enacted by this present Assembly and 
the authority thereof, that Mr. John Clarke, Deputy Gov- 
ernor, Capt'n John Cranston, Assistant, Mr. John Cog- 
geshall, Mr. James Barker, Mr. William Carpenter, Mr. 
Roger Williams, Lieut. John Albro, and Capt'n John 
Greene, Assistants, or any seven of them, of which the said 
Deputy Governor alwaies to be, and are the persons ap- 
pointed, impowered, and fully authorized to hould the said 
Courts, for doeinge whereof this actor a transcript thereof, 
vnder the scale of the Collony shall be their sufficient war- 
rant and discharge. 

Whereas, there was an order made in October last, that 
the Generall Treasurer should have twelve pence on the 



AND PROVIDENCE PLANTATIONS. 385 

pound for all that came in to him in provisions and noth- 1671. 
ing for money nor for fines, &c. ; and the Generall Treas- '-*'"^^"*^ 
iirer haveing declared that it is too heavie a burden for 
him to beare on such tearmes, haveing noe better satis- 
faction, &c. The Assembly consideringe the grounds 
alledged by Mr, John Coggeshall, Generall Treasurer, 
elect, why hee cannot ffreely accept of his place, doe 
therefore order and declare, that for all that the Treasurer 
hath received the last yeare, or shall receive in the insue- 
inge yeare, he shall have twelve pence on the pound for 
all he receives, as well money as other pay. And this act 
to be in full force, any former order to the contrary not- 
withstanding. 

Whereas, Mr. Thomas Olney, Jun'r, w^as sent unto 
to come to give his engagement to that place and office 
that by the ffi-ee voate of the freemen he was elected vnto 
in the day of election ; and he haveinge received the same 
and returned his answer, the Court doe declare their 
sence of it that it is an absolute refusall to accept thereof; 
the Assembly therefore ordered, to proceed to electing an 
Assistant in the place of Mr. Thomas Olney, Jun'r. 

Mr. Thomas Harris, Sen'r, is chosen Assistant by the 
Assembly in the place of Mr. Thomas Olney, Jun'r. 

Whereas, Ensigne John Bliss was fined by the Court of 
Tryalls held in October last twenty shillings for not at- 
tending the Court as a jury man ; and he haveinge given 
grounds why he could not with any conveniency come, be- 
cause his wife was neere her time of being delivered of a- 
cliilde, &c., the Court doe see cause to remitt the said, 
ffine. 

Ordered, that the Assembly is adjourned vntill the 
seventh of June next, or sooner if urgent occasion doe 
require. 

VOL. II. 25 



o86 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. 

Ads, Orders and Proceedings of the Generall CouncUl of 
His Majesties Colony of Rhode Island and Providence 
Plantations, Sfc. Anno Domini, 1671. 

Mr. Benedict, Arnold, Governor. 
Mr. John Clarke, Deputye Governor. 

ASSISTANTS. 

Capt. John Cnmston, Mr. Thomas Harris, 

Mr. John Coggeshall, 3Ir. William Baulston, 

j\lr. James Barker, Left. John Albro, 

Mr. William Carpenter, Capt. John Greene. 

Mr. Eoger Williams, Mr. Benjamin Smith. 

Richard Baily, Secretary, engaged. 

Acts, Orders and Proceedings of His Majesties Court of 
Justices sitting att Westerlij, in His Majesties Colonij of 
Rhode Island and Providence Plantations, Sfc, May 
IG, 1671. 

Mr. John Clarke, Deputy Governor. 

ASSISTANTS. 

Capt. John Cranston, Mr. Roger Williams, 

Mr. John Coggeshall, Lieut. John Albro, 

Mr. James Barker, Capt. John Greene. 

Mr. William Carpenter, 

Richard Baily, Secretary. 

Lieut. Joseph Torrey, Gen'U Atturney. 

Mr. James Rogers, Gen'll Serjeant. 

The Commission from the Generall Assembly for hold- 
ing this Court, was read. 

Ordered, that warrant bee issued out by the Secretary 
to the Constables of Westerly, to require them in his Maj- 
esties name to warne the inhabitants to appeare at the 



AND PROVIDENCE PLANTATIONS. 387 

house of Mr. Tobiah Sanders, in this towne, to morrov; 1671. 
morning, at eight of the clock, at the furthest. •--«^.-<w 

The Court adjourned till to morrow morning. 

Weskrlij, May Hth, 1671. 

Whereas, there was a warrant issued out to the Consta- 
ble of Westerly, Jjimes Badcock, to warne in the inhabit- 
ants of the said towne, which hee refuseing to doe, as by 
the information of John Randall doth appeare to this 
Court, it is therefore ordered, that Henry Palmer, Gen'll 
Constable, shall bring the said James Badcocke before this 
Court, forthwith, and for executing thereof, to take such 
aid as he shall thinke meete. 

Ordered, there bee a warrant issued out to Suball 
Painter, to warne in the inhabitants of Westerly, to attend 
forthwith ; they haueing not been warned, by reason of 
the said neglect of James Badcock, Jun'r, the Con- 
stable. 

The inhabitants of the towne of Westerly being assem- 
bled, there was publickly read in Court the address of the 
said towne to the Generall Assembly, and their order 
thereupon for holding this Court ; after which his Majes- 
ties royall Charter, the agreement of \hQ Agents, the 
Honorable Commissioners orders, and his Majesties gra- 
cious letters now read. 

The Court adjourned for an hour. 

Whereas, some persons of Connecticut Collony haue in- 
terrupted the Court, ordered, that the insueing protest bee 
signed by the Secretary, and delivered vnto them. 

Protest. 

Whereas, some persons, pretending authority from the 
Colony of Coiuiecticut, haue presumed this day to inter- 
rupt the proceedings of this Court, and to make a protest 
against the authority of the same, which act of theirs, 
though it bee a very high atfront to the liberties granted 
to this his Majesties Colony of Rhode Island and Provi- 



388 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. clence Plantations, &c., yet for preservation of his Mnjes- 
'-*"^''''"*-' ties peace, wee are willing to pass it by as an act 
proceeding only from some vnruly passions ; but doe 
hereby declare, that if any person shall for the future ex- 
ercise any manner of authority in this towne of Westerly 
on the east side of Pawcatuck, alias Narrnganset river, 
except such as are legally impowered by this his Majesties 
Colony of Rhode Island and Providence Plantations, &c., 
wee shall looke at it as a violation of his IMajesties gra- 
cious Charter to vs granted, and shall vse our outmost 
indeavor to secure such offenders, that soe they may bee 
brought to a legall try all. 

Signed by order of his Majesties Court of 
Justices, sitting in the towne of Westerly 
aforesaid, the 17th day of May, 1671, by 

RICHARD BAILY, Sec'ry. 

Vpon consideration of a petition presented by the towne 
of Westerly, itt is ordered by the Court, that the severall 
inhabitants bee called on to see how they stand as to their 
fidelity to his Majesties and this Colony, viz.: John 
Crandall, Tobiah Sanders, Joseph Clarke, Robert Bur- 
dick, John Maxon, John Randall, Job Badcock, James 
Badcock, Jun'r, Thomas Painter, Shuball Painter, Jeof- 
ferey Champhn, Sen'r, John Lewis, Richard Swaite, 
John Mackoone, Richard Segar, George Lanpheare, 
Steven Wilcox, Jonathan Armstrong, Nicholas Cotterill, 
Jun'r, Daniell Crumb, John ffjiirfield, Edward Larking ; 
all which persons did promise to stand to their engage- 
ment to his Majestic, and this Colony. But James Bad- 
cock, Sen'r, John Badcock, Jeofifrey Champlin, Jun'r, 
and Augustine Williams being called, did not appeare. 

Shuball Painter admitted a freeman of the Colony. 

The Court adjourned till to morrow morning, six of the 
clock. 

Thursday, May 18/A, 1671. 
Mr. John Crandall and Mr. Tobiah Sanders were de- 



AND PROVIDENCE PLANTATIONS. 389 

sired to signifie if they had any thing to present to this 1671. 
Court; and they intimateing they judged it might bee of'^-*""''^*-' 
good consequence to leaue something in writeing for the 
encouragement of the inhabitants of this towne to stand 
to their engagements for their fidelity to his Majestic and 
this Colony, itt is ordered, that a writeing to that purpose 
bee issued out by the Secretary, vnder his hand. 

To the inhabitants of the towne of Westerly, in his 
Majesties Colony of Rhode Island and Providence 
Plantations, &c., and every one of them, greeting : 
Whereas, wee haue from you and every one of you re- 
ceived your sincere and absolute engagement for your ffi- 
delity and allegiance towards our Soveraigne Lord, the 
King, and your faithfull adherence to the gouernment of 
this his IMajesties Colony of Rhode Island and Providence 
Plantations here established by the King's authority, for 
the better performing whereof wee doe hereby require 
you and every one of you in his Majesties name not to 
yield any subjection or submission to any ofiicer or officers 
pretending to act by authority from the Colony of Con- 
necticut, but faithfully adhere to the officers here estab- 
lished by this his Majesties Colony, viz.: Mr. John Cran- 
dall and Mr. Tobiah Sanders, Conservators of the Peace. 
This, if you carefully performe, as it will be the best 
means to secure your selues in peace and safety, soc for 
your future encouragement to bee true to your said en- 
gagement. Wee doe hereby reingage vnto you in behalfe 
of his Majesties Colony, to stand by you and assist you to 
the vtmost of our ability in the discharge of your said duty 
to which you are soe soilemnly obliged. 

Signed by order of his Majesties Court of 
Justices, sitting at Westerly, May the 
18th, 1671, by RICHARD BAILY, Sec'ry. 

James Badcock, Sen'r, and John Badcock, who yester- 
day did not attend, did this morning make their personall 



390 RECORDS OF THE COLONY OF RHODE ISLAND, 

167]. appearance, and did promise to stand faithfull to their 
'-*'^'"^^ former engagements, both to his Majestie and this 
Colony. 

The Cdurt adjourned to Pettaquomscutt. 

Pettaquomscutt, May ISth, 1671. 

After the commission was read ; ordered, that a warrant 
bee issued out to William Hefernan, to warne in the in- 
habitants of this Plantation to attend to morrow morning, 
at six of the clock, at the house of Mr. Jireh Bull. 

The Court adjourned till to morrow morning, six o'clock. 

May 19//i, 1071. 

The inhabitants being present, the Court was called ; 
after which the commission from the Generall Assembly 
for holding this Court, his Majesties most gracious Char- 
ter and letters ; as also the Commissioners orders w^ere 
publickly read, after which the inhabitants, viz : Mr. 
Jireh Bull, Mr. Samuell Wilson, Mr. John Porter, Tho. 
Mumford, John Tift, William Hefernan, Rouse Holmes, 
James Eldridge, Samuell Albro, Ben. Gardiner, Henry 
Gardiner, George Gardiner, Nicholas Gardiner, George 
Palmer, Stephen Northup, Wm. Aires, George Crofts, 
Enoch Plaice, and Christopher Holmes, did giue their en- 
gagements for their allegiance to his Majestie, and fidelity 
to this Colony. 

The inhabitants being ingaged, were ordered to choose 
a Constable for their Plantation, and accordingly did 
choose Robert Crofts, who was engaged. 

Mr. William Hefernan was chosen and engaged to the 
office and place of a Conservator of the Peace in jointe 
commission with Mr. Samuell Wilson and Mr. Jireh Bull. 

The inhabitants alsoe, by leaue from the Court, 
chose Mr. Jireh Bull, Leiftenant, and Mr. Hefernan, 
Clerke. 

The Court adjourned to Mr. Thomas Gould's, at 
Acquednesit. 



AND PROVIDENCE PLANTATIONS. 391 

1G7L 
Acqednesiit, ffriday. May 19, 1671. '--^^^^^ 
The Court was called, and the commission read. The 
Court adjourned till to morrow morning, six of the clock. 

May 20, 1G71. 

The inhabitants being present, the Court was called, 
after which the commission from the Generall Assembly, 
for holding this Court, his Majesties Charter to this Colo- 
ny, his gracious letters ; and also the Councill's orders, 
were publickly read. 

The Court adjourned for an houre and halfe. 

The persons inhabiting here, being called to giue their 
engagement, and desireing to know whither or noe this 
Court on behalfe of the Colony doe lay any clainie to their 
possession, which they now inhabit ; which persons soe 
querieing, were Mr. Samuell Dyre, Eobert Spinke, Lieut. 
Robert Westcott, John Greene, George Wightman, Mr. 
Thoiuas Gould, Henry Tibbitts, Daniell Gould, James 
Eeinolds, Samuell Waite, John Briggs, John Andrew, 
Thomas Waterman ; to which demand, this present 
Court doe returne vnanimously their answer, that on be- 
halfe of the Colony, this Court doe not lay any claime to 
their possessions, which they now inhabitt. 

These are the persons engaged at Acquednesitt, by the 
Court, Mr. Thomas Gould, Mr. Samuell Dyre, Mr. James 
Reynolds, John Sweett, Sen'r, John Andrew, Henry Tib- 
bitts, Samuell Waite, William Downeing, Henry Greene, 
John Pratt, John Briggs, John Greene, George Browne, 
William Helme, Daniell Greene, George Wightman, 
Robert Westcott, Robert Spinke, Samuell Prat, Lodo- 
wic-k Updike, Richard Updike. 

These persons being ingaged, were desired to nominate 
a person for to be the Conservator of the Peace, in jointe 
commission, with Mr. Richard Smith and Mr. Samuell 
Dyre, and also a Constable ; where vpon they chose Mr. 
Thomas Gould for Conservator, and Mr. James Reynolds, 



392 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. for Constable, which said persons were sollemnly engaged 
"-*'"''''"^' to the faithfull discharge of their said offices and places 

respectively. 

The said inhabitants also chose Mr. Thomas Gould, for 

Leiutenant, and John Briggs for Gierke, ; which said 

place the said Mr. Gould did accept. 



IJselton 



Proceedings of the Generall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, Jime the Ith, 1671. 

John Sanford chosen Clerk of the Assembly. 
Whereas, ffrancis Uselton was by the last Generall 
mtenced to Court of Tryalls sentenced to depart this Island, and not 

be whipt. , ^ 

to return without the leave of two Magistrates, and he the 
said Uselton, contrary to the said Court of Tryalls' sen- 
tence, comeinge into the towne of Newport, and publickly 
walkeinge the streetes in the time of the Assemblys sit- 
tinge, which beinge taken notice off, and he sent for into 
the Court, to answer for his contempt, instead of givinge 
the Assembly satisfaction ; he, the said Uselton, vpon 
orders to the Court to depart, as he was goeinge out of 
the Court turned back, and did publickly in the Court 
jeere the authority in a scornefull manner, saying to the 
Governor, "Your honorable wife," and "I thanke your 
justice," with many other scornefull, contemptuous carri- 
ages ; ffor which misdemeanure and contempt, the Court 
doe sentence the said Uselton to be forthwith whipt, with 
fifteene stripes. 

And alsoe it is ordered, that the said ffrancis Uselton 
shall forthwith depart this Collony ; and if he shall come 
to abide in any towne of this Collony hereafter, it shall be 
in the power of any two Magistrates to cause the said 
Uselton to be sevearly whipt and sent away. 



i.fsL'tton to 
depart the 
Colony. 



Thomas exe- 
cution ap- 



AND PROVIDENCE PLANTATIONS. 393 

Whereas, William Thomas, prisoner for burgUiry, was 1G71. 
sentenced to death by the last Court of Tryalls, and he -*-^'^*-' 

•^ ... William 

haveiiige petitioned this Assembly for remittinge the said 
sentence ; this Assembly, after long and very searious de- ^"'""''^ 
bate of the matter, doe not see cause to remitt any part 
of the said Court of Tryalls' sentence, but doe order that 
the execution of the said Thomas be accordingly performed 
betwixt the houres of one and fowre of the clocke, in the 
afternoone, on the said day, to witt, the 9th day of this 
instant June. 

It is ordered, that the Generall Recorder, who is Gierke 
of this Assembly, shall draw up and signe the warrant for 
the execution of William Thomas. 

It is ordered, that Leivtenant Joseph Torrey and eight 
more, be a guard to secure the prisoner, William Thomas, 
vntill executed, according to the last Court of Tryalls' 
sentence, and this Assemblys order ; and to that end, 
the said Leivt. Joseph Torrey hath full power to command 
eight men to attend that service. 

Whereas, there are two Indians now imprisoned upon ^p^^^^'Jo try 
criminall charge, this Assembly doe order, that an espe- ^°'^'''°'' 
ciall Court doe sitt and be houlden on the 15th day of 
this instant June, at Newport, to bringe the said Indians 
to tryall, which said Court shall consist of the Governor 
and Deputy Governor, or either of them, with six Assist- 
ants at least. And it is ordered, with the desire and con- 
sent of the Magistrates and Deputies of Providence and 
Warwicke, present, that the juriors for the said Court of 
Tryalls shall be nominated and appointed by this present 
Assembly to be men of Rhode Island. Therefore, it is 
ordered, that there shall be warned for juriors for the 
said Court, ffowerteen of the towne of New^port, and ten of 
the towne of Portsmouth ; out of which number the said 
Court shall appoint a jurie. 

The persons nominated, are ffor Newport, Robert Stan- 
ton, William Hiscox, Thomas Nicolls, Ensigne John Bliss, 
Henry Bull, Edward Greenman, John Greene, John Peck- 



194 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. ham, Jun'r, John Spencer, Serjeant Clement Weavour, 
'^---^^ William Dyer, John Wood, Edward Smith, James Man, 
Richard Tew, Thomas Dungin. 

For Portsmouth, Ralph Earll, Edward ffisher, fFrancis 
Brayton, John Strainge, William Wilbore, Samuell San- 
ford, AVilliam Correy, George Lawton, Robert Hazard, 
John Pimier, Latham Clarke, and Henry Brightman. 

It is alsoe ordered, that the General! Recorder, the 
Generall Serjeant and the Generall Aturney shall be at 
the said Court in the offices as by law they ought to be, 
at any of the Courts of Tryalls. 

It is ordered, that the Clerke of this Assembly shall 
give forth speedy notice to the Serjeants of the townes of 
Newport and Portsmouth, to summons in the aforesaid 
persons by this Assembly nominated to attend the said 
speciall Court as jurors on the day afore appointed, at 
eight of the clock in the morninge, upon their perrill. 

It is ordered, that Leivt. Joseph Torrey is authorized 
to procure three or seven men, who shall guard the 
prison, to secure the prisoners. 

Whereas, William Newman, a person who never had 
permission to abide in this Collony, &c., hath by the As- 
semblys and Generall Courts of Tryalls in this Collony, 
been warned to depart this Collony, and alsoe by the 
townes of Portsmouth and Newport, w^arned to remove him- 
selfe from the said townes ; and he the said Newman still 
remaininge in the towne of Portsmouth, against the mindes 
and approbation of the said towne of Portsmouth ; this 
Court doe order, that the said Newman, with his wife, 
shall before or on the 17th day of this instant June, de- 
parte this Island and Collony, exceptinge only the towne 
of V/esterlye, where he, the said Newman, pretends he 
hath lands ; and not to returne unto other townes or place 
in this Collony without the leave and consent of the Mag- 
istrates. And to the towne of Portsmouth, he shall not 
returne without the leave and consent of the Councill of 
the towne of Portsmouth. And if he, the said Newman, 



William 
Newman 



AND PROVIDENCE PLANTATIONS. 395 

shall be found trangressinge herein, it shall be in the 1671. 
power of any Magistrate to cause the said Newman to be' ^^~~^ 
sevearly whipt with fifteene stripes, and sent out of the 
towne. And it is ordered, that the said William New- 
man shall depart the towne of Newport this day ; and 
if he, the said Newman, shall be found in the towne of 
Newport after this present 10th of June, the afore men- 
tioned pennalty shall be putt in execution ; and soe as he 
shall be found transgressinge this present act in any of the 
respective townes, the aforesaid pennalty to be duly exe- 
cuted from time to time. 

Whereas, the Generall Treasurer, Mr. John Coggeshall, 
hath paid and allowed the prisoners ffrancis Uselton and 
William Thomas, late in goale, the sum of three pence a 
piece each day of their imprisonment towards their main- 
tainance ; the Assembly doe order that the said disburse- 
ments by the Treasurer shall be paid, and bourne by the 
Collony. And that for the future all prisoners committed 
for crime, shall by the Collony be allowed the sum of 
three pence a day duringe the time of imprisonment, if 
demanded towards their maintainance ; and this order to 
be of fforce untill the Generall Assembly of this Collony 
see cause to alter it. 

It is ordered, that the Treasurer's bill for twenty nine J^!^^ ^.°^"=- 
shillings and nine pence, due to the Governor for pro- ''''*°'''"^' 
visiones to those lately sent to Narragansett, and for other 
disbursements by the Governor on publicke occasions, is 
by this Assembly accepted, and ordered to be paid and 
borne by the Collony out of the Generall Treasury. 

Whereas, John Whipple, Sen'r, beinge by the towne of JJ^g^,'J'p- 
Providence chosen a jurry man to serve at the last Court *''^''''™"^'* 
of Tryalls in October, and he alledginge, and it appeare- 
ing to this Assembly that he indeavoured to attend that 
service, and was prevented by wind and weather, his fine 
is remitted. 

John Whipple, Jun'r, and Andrew Harris, both of the^^Mppie 

^ *• ' _ and Harris 

towne of Providence, beinge chosen jurry man to serve atj"^^^'^''; 



;96 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1671. the Generall Court of Tryalls, held in October last, and 
--*'^-^^»^ fined by that Court for not attendinge that service, they 
haveinge petitioned this Assembly to remitt their fines, 
on the debate of the matter, the Assembly doe not see 
cause lawfully to answer their desires, in remitting their 
fiines. But doe declare, that if it doe truely appeare that 
they, the sayd Whipple and Harris, were contrary to 
law chosen to that service of jury men, the towne of 
Providence, ought and shall beare the said fines ; but in 
the meane time, they the said Whipple and Harris, are 
lyable to pay their aforesaid ffincs. 

Mr. Edward Smith, of Newport, bcinge by the said 
Mr. Edward towuc choscn a iurry man, to serve at the Court of Try- 
■emittea. j^^g^ |^g|j ^^^ Octobcr kst, and by that Court fined, and he 
haveinge petitioned this Assembly, and manifested a law- 
full excuse for his not attendinge that service of a jury 
man, the Assembly doe see cause to remitt his fine. 

Nathaniell Waterman, of the towne of Providence, 
w1i?erman's^^''^^'<^i"g^ scut a pctition to thls Assembly, the Assembly 
pendcd.' haveinge viewed and considered his petition, doe finde the 
matter darke, and doe order, that the said petition be sus- 
pended vntill the said Nathaniell Waterman, doe further 
cleere the matter. 

Jelfery Champlin, beinge by the Court, held in May 
last, ffined twenty shillings for not attending that Court, 
as a jury man, the Court doe see cause to remitt one halfe 
of his fine. 

Vpon a petition presented by Mr. William Dyre, of 
Newport, for service as he saith, by him done when he 
was Secretary to the Generall Councill of this Collouy, 
this Assembly on view of his accounts, doe finde that 
severall of his charges therein were matters not proper to 
him as Secretary, but were only proper to the Recorder's 
office to be done ; they therefore doe not see cause to allow 
the said Mr. Dyre his whole demand ; yett doe order that 
for his service he shall be paid out of the Generall Treas- 
ury the sum of three pounds ; provided, that upon receipt 



AND PROVIDENCE PLANTATIONS. O'J t 

thereof, he doe give a full dischiirge to the Collony for his 1671. 
service as Secretary e. ^~-*-v— *►' 

Whereas, Mr. John Crandall, of the towne of Westerly Jo|j"^cran- 
hath beene as is asserted, apprehended and now is in dur-co",necti- 
ance bv the Collony of Connecticut, and for noe other coionye^- 

' 1 1 • pgage to 

cause than for indcavorinff to mainetaine the authority of b'^^aie un 

o •' charges. 

his Majesty, graunted to this Collony ; and he havcing 
by Mr. Tobias Saunders desired the advice of the Gov- 
ernor and others in this Collony, whether to give in bond 
to the authority of Connecticut, or to abide imprisonment. 
This Assembly doe advise the said JMr. John Crandall that 
in any matter relateinge to his actings for the maintain- 
ing his jMajesties authority in this Collony, he give noe 
bond. And alsoe the Assembly dee promise that if he be 
forced to imprisonment for the premises, this Collony will 
beare his charges thereby, and indeavour to justify his 
actings therein. 

Voated, that an answer to the letters from ConnecticutJ'"^^"''''' 

' draw up a 

Collony be sent from this Court by the first convenient con"ec° 
opportunity. And the Governor is desired to take the '""'* " 
paines to draw up an answer, and present it to the As- 
sembly's consideration. 

It is ordered by this Assembly, that five persons are ^°J^^l^~^ ,. 
nominated, desired and appointed Commisssioners to treat fi^JaTwuh 
with, and if possible to issue the differences betweene this ticut"'"" 
Collony and the Collony of Connecticut : who are, our 
Honored Benedict Arnold, our Deputy Governor, John 
Clarke, Capt'n John Cranston, and Capt'n John Greene, 
Assistants, and Leiv. Joseph Torrey. And the said iive 
persons afore nominated, or any three of them, have full 
power and authority from this Assembly, to meete with 
the Commissioners of Connecticut Collony by the Court of 
Connecticut impowered, and if possible, to put a loveinge 
issue to the differences now dependinge betweene this Col- 
lony and the said Collony of Connecticut- 
It is ordered, that if the treaty with Connecticut Collo- 
nys Commissioners, shall be at New Yorke ; those that 




RECORDS OF THE COLO^T OF RHODE ISLAND, 

goe and attend as Commissioners from this Collony, shall 
afore they goe, be furnished Avith five pounds a peece in 
money, and at their returne liome, to give an account of 
their expenses, vrhich shall be borne by the Collony. 
And if the said treaty shall be at Rehoboth, then our 
Commissioners shall be furnished by the Collony with tenu 
pounds in money ; and if their necessary expence, after 
their returne, appeare to amount to more, it shall be 
paid, and borne by the Collony, 

It is ordered, that ^h\ John Coggeshall and Mr. Rich- 
Men ap- ard Bailv are appointed by this Assembly to audit the 

pointed to .- i i j j 

sgnMis. Generall Serjant's accompts concerninge the estate of John 
Carr, in his hands ; especially in order to payinge of Wra. 
Downeing, of Narragansett, who was imployed in takinge 
the said Carr's estate. 

It is ordered, that any man that hath been imployed 
upon any publick imployment upon the Collonys account, 
their bills being signed by the Governor and Deputy Gov- 
ernor, Capt. John Cranston, Mr. John Coggeshall, and 
Mr. James Barker, or any three of them, with the Gov- 
ernor, or Deputy Governor ; it shall be a sufficient war- 
rant to the Generall Treasurer to pay such bills to them 
so signed. 

It is ordered, that whereas Capt'n John Greene hath 
paid the sum of twenty nine pounds in England, for 
and on the behalfe of the towne of Warwicke ; it is or- 
dered, that the said Capt. John Greene shall be paid and 
allowed the sum of fifty eight pounds currant pay of this 
Collony, and this sum to be paid unto Capt. Greene by 
the towne Treasurer of Warwick, by order from the Gen- 
erall Treasurer. 

It is ordered, that Joseph Torrey, Juu'r, and Morris 
Freelon, are ordered to be paid out of the Generall 
Treasury the sum of seven pounds, towards their cure 
and loss of time. 

Whereas, William Timberlake was sentenced by the 
Court of Try alls held in October, 1GG9, to be severely 



AND PROVIDENCE PLANTATIONS. 399 

^Yhiptan(l pay a fine of ten poamls ; and the said Timber- 1671. 
lake having petitioned this Generall Assembly to remit his ^— --v;^*-' 

, Wm Tim- 

corporall punishment, and accept a fine in liewe thereof, ^'^f^'^^J;'^^' 
and alsoe putt himselfe into the custody of the Generall 
Serjeant ; and the said William Timberlake haveinge sub- 
mitted him selfe unto the Assembly, confessinge his fault 
and misbehaviour in breakinge of prison, and other mis- 
carriages, and promisinge for the future a reformation in 
life and conversation, this Assembly upon his submission 
and promise, doe order, that the said William Timberlake 
payinge the sum of thirteene pounds. New England silver, 
vnto the Generall Treasurer, Mr, John Coggeshall, his 
sentence of corporall punishment, and his fine of tenn 
pounds of this Island pay shall be remitted. 

William Timberlake, in open Court haveinge performed 
the order of this Assembly in payinge the money to the 
Treasurer, was in the Assembly cleered by proclamation, 
on payinge ffees. 

Ordered, that an answer be drawne up and sent to the ^^'-:";^i'; 

' i pointed to 

Governor of Plymouth ; and the Governor is desired toieucnlo'the 
draw up the said answer; alsoe, the Deputy Governor rrym™?.!?' 
and Capt. John Cranston, Capt. John Greene are desired 
to advise with the Governor therein, and to be presented 
to the Assembly for their approbation. 

A petition presented and signed by the Moderator, and 
Towne Gierke of Warwicke, to have the inhabitants of, 
and lands of Mashantatat added to the towne of War- 
wicke, the Assembly doe order the said petition be re- 
ferred to the next Generall Assembly. 

Voated, that the bill of Mr. Thomas Cornell to this As- 
sembly, for the further incouragement of a troope of horse, 
is referred to the next Generall Assembly. 

Voated, that whereas, Serjant James Rogers, who alsoe 
is Sheriffe of this Collony, havinge formerly neglected the 
exicution of his said office in not takeinge up of rates ac- 
cording to the former Asseinblys orders, and upon com- 



400 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. plaint made in this Assembly, he haveinge promised that 
'-''^^''"*^' within one months time after this Assemblys dissolution, 
he, the said Serjant James Rogers, will faithfully per- 
forme his office in observeinge and exicutinge the warrants 
to him directed for the gathering up all fines and assess- 
ments on any person or persons within this Collony. It is 
by this Assembly mutually accorded unto, that in case the 
said James Rogers, Generall Serjant, doe not truly and 
faithfully, accordinge to his promise, execute his office 
herein, this Assembly doe recommend and desire that 
Leivt. Joseph Torrey may by the Governor and such of 
the authority as are afore im powered to issue fforth war- 
rants in such case, be the person imployed therein. 

It is ordered, that for the ffuture, noe person in this 
ti^be^chosea ^ollony shall be elected, chosen or imployed in the office 



Assistant, of Gcnerall Serjant, or Sheriffe, unlesse such a one as can 

but what' 



eadand rcad aud write, and be otherwise caiallifyed, according to 
fformer lawes. 

Ordered, that Mr. Thomas Cornell be desired to be a 
messenger from this Court, to carry a letter to the gov- 
ernment of Plymouth, and that he be supplyed with 
twenty shillings in silver, by the Treasurer, Mr. John 
Coggeshall, towards the beareinge his charge. 

Ordered, that the gentlemen appointed by this Assem- 
bly to meete with the gentlemen of Plymouth, at Taunton, 
at the time of theire goeinge, shall be supplied by the 
Generall Treasurer with tenn pounds in silver, towards 
the beareing their charges in that imployment. 

It is ordered, that the Claspt Booke, called the State 
Theciaspt Booke, shall be made use of to recorde such deeds of land 
record thcreiu, as shall be brought to the Generall Recorder to 

deeds m ' O 

record ; or other writings of that nature. 

It is ordered, that the Generall Treasurer shall forthwith 
procure two good strong bookes, the one to record the 
Generall Assemblys acts, the other for the Court of Try- 
alls acts. 



AND PROVIDENCE PLANTATIONS. 401 

It is ordered, that the bills of Capt. John Cranston, Mr. 1671. 
John Tripp, and Mr. John Easton, are referred unto the ^>-^^^-^-' 
next Generall Assembly. 

It is ordered, that the form of the commission to the p^"""^^/ ^*"" , 

^ the form of 

millitary officers in this Collony, shall be exactly as the'-onTthr 
commission given to Capt. Cranston and Leivt. Joseph fioers^.''""^" 
Torrey, dated the 3d of September, 16G7 (only leaveinge 
out the clause, viz., the Councill of the Island), and is to 
be given under the scale of the Collony. 

It is ordered, that the bill presented to this Assembly, 
by Mr. Caleb Carr, for lessening the number of Deputies 
in the severall townes and for takeinge care for the future, 
that such as attend the Assemblys, may be duly payd, and 
an act of oblivion past for the remittinge the payment of 
what formerly on that account hath been due, is referred 
to the next Generall Assembly ; and that the townes in 
the meane time doe consider of it. 

Letter to Connecticut. 

Gentlemen : You had no grounds to expect, when we so 
often proposed to you, that we might mutually refer the 
decision of the controvercy between us, unto the Kings 
most Excellent Majestic, as we are in duty bound : We 
say, you could not imagine, that we would, in the meane 
time betray our trust, and give up our rights, by desertinge 
the people under our charge, in neglectinge to govern 
within the limites of the Charter that his Majestic soe gra- 
ciously bestowed upon this Colony — for if so we had done, 
you needed, not then, to have attended us in England, 
when we had so given up our trust and betrayed our peo- 
ple. — Gentlemen, this your expectation, we cannot but 
conceive to proceed from your apprebentions, at least, of 
our weakness or disingenuety: But you may be assured, 
wee shall not so foolishly, and disloyaly decline our duty; 
and yet, while we are in the exercise of that authority 
which is, by Gods Providence, and the royal favour of our 
Soverraigne, put into our hands to govern, in all those parts 
26 



402 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1671. contained in our Charter, the western boundary whereof is 
'-^""''^^ Pawcatuck alias Narragansett river, asy ou know well 
enough ; and your Governor, no doubt cannot forget it. 
We say, while we are soe found actinge in obedience to 
his Majesties commission, we shall not be in any way dis- 
couraged to expect his graceous protection, against your 
and all others unjust molestations; it beinge clere that the 
ambition of some, and covetousness of others, puts you 
upon, and by their importunities provokes you unto these 
violent invasions on our rights and priviledges. Notwith- 
standing your submission unto the determination of his 
Majesties Commissioners, made and declared at Pettacom- 
scutt in March 1664; which is evident by your desisting 
from molesting us in those parts for several years, whereby 
you confessed our undoubted right — and we by a constant 
course of justice there maintained, did cleerly evince that 
we durst not for any point of time, neglect our duty, it 
beinge dangerous and disloyall soe to doe. And where 
you plead the propriety of your grant, it is more than won- 
derfull you forgitt that your grant, was by his Majesties 
command arrested, and before your agent could cleere it, 
there was an agreement made, and the eastern boundary 
of your pattent defined, which before was not soe cleerly 
and definitively expressed, but only said to be Narragan- 
sitt river ; which river is knowne, now, by his Majesties 
royal determination in our pattent, to be Pawcatuck river ; 
and that upon the concurrance and agreement of your, 
and our, agents in England, as under their hands and 
scales you know is extant. And whereas you say, your 
claims by Charter, are, or have been, unquestionable, you 
must be very forgetfull, if you remember not how much 
your western and southern claims have been questioned, 
and found bound just right, which showes his Majesty had 
not from you such cleere information as became dutefull 
and loyall subjects to have given unto their Prince. But 
as for all these, your differences with us, and intrusions 
upon us, we have often tendered you, mutually to refer 



AND PROVIDENCE PLANTATIONS. 403 

all to the determination of our Sovereign Lord the King ; 1671. 
to all which we never received so much as a hint that you '^*^-^^*^ 
took notice thereof, untill now, in yours of JMay llth, 
1671, you mentioned it by way of evasion, because we 
continue in the exercise of government in the parts you 
would wrest from us (as by your violent intrusions it too 
plainly appears), but to that invasion, we have given you 
our answers above. And yet, since we have from you at 
last, a word that you take notice of our offers, of our ap- 
peale to his Majestic, for a full determination (if further 
than that it is, it can be), we still offer you that expedient, 
as the most rational way to end that controvercy, praying 
your positive answer therein. Yet we assure you, that in 
the meane time, we shall not emit our perseverance in the 
exercising of government there. But shall, as in duty 
we are obliged, go on in the defence of his Majesties in- 
terest, and the peoples peace, and security on the east 
side Pawcatuck river, and within the bounds mentioned 
in our Charter, and reconfirmed, and cleerely declared by 
his Majesties Honorable Commissioners, as afore is men- 
tioned. Yet seeing your late application to us (as your 
committee in theirs of May 19th, 1671, are pleased to 
mention to yourselves), we are willing to answer your 
motions, for a friendly treaty. And such a treaty had 
been before now, had you not refused to treat at one of 
those places, mentioned by Mr. Crandall, by order from 
us in October last. But adhereing to your own appoint- 
ment at New London or Hartford, for the place of treaty, 
both in your owne CoUony ; to which we had no encour- 
agement to agree ; in as much as our Commissioners who 
attended yours in the late treaty at New London, found 
such an unsuitable (not to say uncivill) behaviour from 
yours, besides their denying, when ours desired, an open 
conference before all men present, or at least, that the 
whole discourse that passed between them in writing, 
might be read before the people, which had been very- 
reasonable ; that soe such as are led in the darke, might 



404 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. have heard, and seen the truth of the case, for truth 
^-^■"v-*^ seeks no corners. For the reasons aforesaid, ours are not 
free to meete upon such advantages, and therefore as 
places of more indifferency to meete, and treat, we pro- 
pose Secuncke, alias Rehoboth ; and in case that be not 
accordinge to your conveniency, we propose New York, 
as a place f-Av more remote from us, than from yourselves, 
we are willing to deny ourselves in that respect, and give 
you the advantage of havinge the least journie to goe. 
Which place, in other respects, is most commodiously in- 
different to both. And if you please to accept of either 
of those places, for the said treaty, we desire to know 
your minds ; and we leave it to you, to appoint the time, 
and to give us such timely notice thereof, as may serve 
for performinge the voyage ; which notice we expect to 
receive, at least twenty days before the day you appoint 
for a treaty. And thereupon you may assuredly expect 
(if the Lord please) that three persons from us, invested 
with as full pov>^er as this Collony is invested with by his 
Majesty (in this respect), to meete, treate with, and con- 
clude, with so many persons by yourselves so impowered, 
a full, and fynall agreement, and accord, in all matters 
controverted between you and us. And as the most 
hopefull meanes to procure a right understandinge of the 
truth of the case between yourselves and us. We also 
propose, that besides such persons fully and mutually im- 
powered, that your honored Governor, and our honored 
Deputy Governor, who were agents for procuring Charters 
in England, may be present at the treaty ; being most 
able to clear up all diCficultyes, and that which will be 
most tending to a good accord^ between the two Colonies. 
Which motion, if you accept, let us know the same, and 
our Deputy Governor, if the Lord permitt, will freely, for 
preventinge future troubles, take the paines to come to 
the treaty ; provided, that the treaty may be before the 
10th of September now next ensueinge the date hereof. 
And do expect you will forbeare, in meane time, using 



AND PROVIDENCE PLANTATIONS. 405 

force in any parts, on the east side of Pawcatuck river, 1671. 
called also Narragansiit river as aforementioned. ^-*-v-^' 

And thus, honored gentlemen and friends, we shall no 
farther enlarge at present, but remaine your very affec- 
tionate friends and loving neighbors. 

The Generall Assemblye of his Majesties 
Collony of Rhode Island and Providence 
Plantations. Signed by their order, 

JOHN SANFORD, 
Clerk of the Assembly. 
Dated in Newport, June 14th, 1671. 

To our honored friends, the Governor and Generall 
Assembly of his Majesties Collony of Connecticut. 
Present with care. Or in case the Assemblye be 
not now sittinge, then to the Governor and Coun- 
cill at Hartford, these be delivered. 



Letter from Connecticut to Rhode Island. 

Hartford, July 29tli, 1671. 

Gentlemen : We receiued your lines dated June 14th, 1671, aud upon peru- 
sall of them (to say no worse), we find in them uncharitable reflections, which 
we are not willing to insist upon, but rather with an intimation of our takeing 
notice thereof pass them by, not doubting but yourselves, upon a second peru- 
sal! of your lines, will see cause enough to blame your selues for the same ; and 
indeed, if you had written upon your certaine knowledge, then it had been 
worthy of more consideration, for it is wonderfull to us that your Generall 
Assembly should affirme that our grant was by his Majesties command ar.- 
righted, &c., which is an assertion that must needs be vpon some information 
too soon belieued. You also speake of an unsuitable (not to say unciuill) 
behauior of our Commissioners manifested to yours, in their treaty last, 
which was at New London, with an assertion of our Commissioners denying 
yours an open conference, it is clerely known and may be proued by many 
witnesses, that their must be great allowance giuen, to make any show of 
truth in those expressions. But trueiy, gentlemen, we had rather pass by such 
reflections than insist upon them. 

Gentlemen, touching your proposition you make for a freindly treaty at Sea. 
cunck, the place by you first named, or New Yorke after proposed, we should 
be willing to concurr, had not our Generall Court at their session other- 
wise prouided; namely, that New London, or some other place near, should 
be the place of meeting. But if you shall desire to haue such a proposition 
made to our Generall Court at their next session in October, and will fully 



406 KECORDS OF THE COLONY OF RHODE ISLAND, 

][g71. iiopower your Committee to treat about and conclude a full and fiuall agree- 
^ _^ . meut and accord of all matters tliat are and liaue been controverted between 
you and us. Without auy priuate cautions or restraints, we suppose they 
may be ready to attend you. As for what you say of our appoynting or 
engaging that our Gouernor should be present with your honored Deputy 
Governor (at such meeting), besides the Committee, we must leaue it to his 
owne conveniency for a journey upon such account. But were the place not 
far remote, its liiie he would be ready to be present, to cleare such things as 
haue or shall be layed to his charge, and [to show you] that his information 
giuen to his Majestic, was such as became a dutyfull and loyall subject. You 
had heard sooner from us, but that we were not in a capacity to answer your 
.propositions in the afSrmatiue ; and therefore, we thought this delay would 
be no prejudice. 

We shall not trouble you further at this time ; only we must let you know 
that we see noe cause to desist from exerciseing goucrnment within the limits 
expressed in our Charter ; neither doe we doubt but his Majestiewill continue 
his gracious protection and incouragement to us herein, and that we shall at 
last be freed from all those violent inuasions on our rights, which is vndoubt- 
edly in our Charter stated from Narragansett Bay, &c. 

Thus, honored gentlemen, we bid you farewell, and remayne, 

Your affectionate freinds and louing neighbors, the Commit- 
" tee of Assistants present of his Majesties Collony of Con- 
necticut. Signed per their order, per me, 

JOHN ALLYJf, Secretary. 
These for the worshipfull Benedict Arnold, Esq , Gouernor of the Collony 
of Rhode Island, &c., in Newport, this deliver. To be communicated to 
the Honored Councill there. 



Order from the Constables of the Toiun of Stonington. 

We, the Constables of the towne of Stonington, being informed of seuerall 
late threatnings against the persons and estates of some of the inhabitants of 
Stonington, by some on the east side of Pawcatuck riuer, and haueiug had too 
much experience of violent and vnreasonable actions (as we apprehend) in 
forcible entrie vpon our township, and driueing off some from their possessions 
and demolishing of houses and diuiding the boards as a spoile, &g. And this 
vnder a pretence of being countenanced herein by the Collony of Rhode 
Island. And being informed of an assemblyeing together of some company at 
Mr. Tobias Saunders his house, least we meet with any inuasion of our liber- 
ties, or violence showed to our persons and estates and that vnder a pretence 
of gouernment, where our Colony haue sworne vs to mainetaine the goucrn- 
ment of his Majestic in our places committed to the Generall Assembly of 
Connecticut to carrie on and maintains and where we are sworne to maintaine 
his Majesties peace. These are to desire an answer from any such assembly 
vpon what account they are mett together, that we may not meet with auy 



* This and the two orders which follow, are from the Records of Connecticut 



AND PROVIDENCE PLANTATIONS. 407 

damage on the sudden, and may know whether the meeting is only a visit, or 1671. 

to violate our liberties and priuileges.* Yours, in all ciuillitie, ^.^»-v-^to^ 

THOMAS STANTON, | Consta- 
JOHN DENISON, ' [ bles. 

Order from Secretary Allyn to the Constables of Stonington. 

To our Constables of Stonington : 

Gentlemen : we haue been informed by Capt. Denison, and Mr. Minor, &c., 
of your great care in the preseruing of the peace of his Majesties subjects un- 
der this gouernment in your township ; and opposeing and protesting against 
those whoe haue appeared to exert gouernment within your limits ; and that 
you haue done this when yoar Commissioners were out of towne, and absent 
from you, is well resented by us. And we doe hereby return you thankes for 
your good seruice therein, and shall still be ready as opportunety offers, to let 
you know how we doe, and shall approue of your motions whilst you con- 
tinue in asober, and yet resolute, prudent manner to discharge your duty in 
the places you are chosen to, and soe bid you farewell. 

Signed by order of the Committee of the Generall Court. 

Per me, JOHN ALLYN, Secretary. 

You, A. B., beinge chosen to the office of , ofo°[^^'^X' 

the Traine Band of the towne of , and sollemly Qxi-'^^y^^^^'^^- 

gaged thereunto, are hearby in his Majesties name im- 
powered, and alsoe required to doe all such things as by 
the acts and orders of the Generall Assembly, or of the 
Generall Councill of the towne aforesaid, relateinge to 
traininge or watching have been annexed to your said 
office. As alsoe in case of any suddaine assault or ap- 
proach of a common enemy to infest or disturbe this his 
Majesties plantation, by direction from the Governor and 
Councill, if it may be had, or if through the suddain- 
ness of the assault, it cannot bee had, then at your discre- 
tion you are to alarme and gather together the Traine 
Band, and to the vtmost of your skill and abillity you are 
with them (in the name of the Lord of Hosts, by all law- 
full meanes, as is exprest in our Charter), to resist, 
expulse, expell, &c., the same, in order to preserve the 
interest of his Majestic, and of his good subjects in these 
parts. You are alsoe to fFollow such ffurther directions, 
and instructions as shall from time to time be given fforth, 

* See reply in Protest, p. 387, of this volume. 



408 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. either from the Generall Assembly, the Governor and 
'-^">^"*^ Councill for the Councill of the respective towne to which 
/ou belong. And for soe doeinge, this commission shall 
be your warrant and discharge. 

At a meeting of the Governor, Deputy Governor, Capt, 
Cranston, Mr. John Coggeshall, and Lieutenant John 
Albro, at Newport, July 21, 1671. 
Ordered, that the Secretary shall transcribe the letter re- 
ceived of the Gen'll Assembly of New Plimouth, dated July 
the 8th, 1671, that it may bee sent to the Assistants on 
the maine, in order to their haueing the perusall thereof. 

At a meeting of the Governor and Councill, at Newport, 
August mh, 1671. 
Ordered, that the insueing letter bee sent to the Gov- 
ernor and Councill of New Plymouth, in answer to theirs, 
by Mr. Hinckley and Mr. Southworth. 

Letter to Neiv Plymouth. 

Much Honored Gentlemen : Yours, by the much re- 
spected Mr. Thomas Hinckley and Mr. Constant South- 
worth, wee haue receiued, and by conference with 
those gentlemen and our owne observations, are sensible 
that there are more than ordinary causes to suspect and 
belieue the Indians are treacherously inclined against the 
English in generall, and that therefore wee are bound by 
the highest obligations with vnited hearts and hands to 
vse our vttermost indeavours to resist and defeate 
(through the assistance of the Almighty) their bloody 
and perfidious designes. In order wherevnto, our Gen- 
erall Assembly did in theirs by Mr. Cornell of the 16th of 
June last, propose vnto you that some persons might bee im- 
powered by your selues and vs to meete and conferr vpon 
the reasons, wayes and means why and how it ought and 
may bee accomplished. And to that end, did nominate 
and appoint our Honored Governor, Capt. John Cranston, 



AND PROVIDENCE PLANTATIONS. 409 

Mr. William Baulston, Mr. William Carpenter, and Capt. 1671. 
John Greene, Assistants ; or any three or four of them to ^-^--^^^^ 
meete and treate with soe many of yours at Taunton. 
This act of our Generall Court is still in force, and is that 
which wee conceiue may bee the only expedient to come 
to a serious debate and agreement in a matter of soe great 
concern ; and which if you please to embrace, wee shall 
readily attend, where all difficulties may be examined, 
advantages considered, reasons on both sides weighed, and 
such an agreement concluded, as wee hope by the blessing 
of God, may bee for the security and peace of these parts 
and the English inhabitants ; and if in the meane time 
and before this bee accomplished, the Indians shall make 
any attempts vpon any of his Majesties subjects, wee shall 
vse our vtmost indeavours in our stations and places to 
suppress and subdue them. 

Honored Gentlemen, you haue our reall intentions 
herein, which as these proceed from our hearty and 
vnfliined desires of the peace and safety of our country- 
men in generall, and of your selues our loueing neigh- 
bours in perticular, soe wee shall, to the best of our 
abilities (God willing) performe the same. 

Wee shall add noe more at present, but with our 
thankfall acknowledgments of your great care and pru- 
dence in this affaire, wee remaine, gentlemen. 

Your affectionate friends and neighbours, 
the Generall Councill of his Majesties 
Collony of Rhode Island and Provi- 
dence Plantations, &c. Signed by 
their order, 

Per RICHARD BAILY, Secretary. 
To the Honorable Thomas Prince, Esq., Governor of 
the jurisdiction of New Plimouth, these present. To 
bee communicated to the rest of the Hon'd Councill. 

August 31, 1671. There being a great necessity to 
put the Colony in a posture of defence att this time, 



410 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. wherein there are soe apparent grounds to expect some 
^-'"v-^-' treacherous designes and practices from the Indians, itt is 
therefore ordered, that the Towne Councills and Councills 
of Warr, of each respectiue towne on the Island, shall 
meete at Mr. Geo. Lawton's dwelling house in the bounds 
of Portsmouth, on Tuesday, the 5th day of September, 
now next insueing, at nine of the clock in the forenoon, 
then and there to consider of some wayes and means for 
secureing the inhabitants and their estates in these times 
of imminent danger. 

Itt is alsoe ordered, that twenty horsemen, ten out of 
each towne, compleately armed, shall attend at the same 
time and place, for defence of the said Councills there 
sitting. And to the end the townes and plantations on 
the maine land may bee in such a capacity that they 
bee not surprized, itt is therefore ordered, that Capt. 
John Green bee desired to signifie to them that the Coun- 
cill advise and require them forthwith to vse their endea- 
vors for to secure themselues by setting of watches, 
provideing of ammunition, putting themselues in a posture 
of defence, and keeping such an eye over the Indians, 
that they may vpon all occasions giue notice of any assault 
or attempt made by them against the inhabitants of this 
Colony ; and a copy of this order shall bee forthwith sent 
by the Secretary to each towne on Rhode Island, and 
alsoe to Capt. Greene. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly of the Collony of 
Rhode Island and Providence Plantations, held at New- 
port, 2bth September, 1671. 

Mr. Benedict Arnold, Governor. 
Mr. John Clarke, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. James Barker, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Harris, 
Mr. William Baulston, 
Leivt. John Albro, 
Capt. John Greene, 
Mr. Benjamin Smith. 



DEPUTIES. 



Mr. William Weeden, 
Mr. Caleb Carr, 
Mr. Joseph Clarke, 
Mr. Edward Smith, 
Leivt. Joseph Torrey, 
Mr. Richard Baily, 
Mr. John Throckmorton, 
Mr. Anthony Evernden, 
Mr. Thomas Arnold, 



Mr. Henry Browne, 
John Sanford, 
Mr. Robert Hazard, 
Mr. Caleb Arnold, 
Lieut. Francis Bray ton, 
Capt. Randall Howldon, 
Mr. Richard Carder, 
Mr. Walter Todd, 
Mr. Amos Westcott. 



The Governor chosen Moderator of the Assembly. 

John Sanford, chosen Clerke of the Assembly. 

Voated, that Mr. John Clarke, our Honored Deputy g,''^^^f'* 
Governor, be the person sent by this Colony unto Eng- Elg'iand. 
land, as the Collonys Agent, to manage the appeale of 
this Colony to his Majesty against the intrusions of Con- 
necticut. 

Voated, that our Agent, Mr. John Clarke, shall be 



412 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. supplyed with £200 in silver, for the management of this 
•-*'^-^''"^-' Collonys affliirs in EngLand. 

The Assembly takeing into consideration the inconven- 
iency of the lands vpon the maine land, in Niantuck, 
Narragansett, Cohassitt, and other parts lying unimproved, 
there being vast tracts procured into the hands of a few 
persons, and by some townes that cannot improve any 
considerable part of those tracts, which is a discourage- 
inge to many persons in the Collony that want lands to im- 
prove. And are sensible of oppressions that they from time 
to time are forced to pay rates towards the defence of the 
said maine lands, whilst they have little hope to have any 
proffitt by those lands as long as they are monopolized as 
aforesaid. And the Assembly being fully sensible of the 
same, doe recommend unto the next Generall Assembly 
to take such care that there may be lands procured from 
these plantations or persons, which have accumulated such 
vast tracts that they may be at the disposeall of the Col 
lony to accommodate such as want ffirst, or especially such 
as are already in the Collony ; as alsoe such as may de- 
sire to be admitted from other parts, and that the Collony 
may see cause to admitt into the Collony from time to 
time. And that some discreete persons may be appointed 
in this behalfe to negotiate and goe through to effect the 
premises. 

Voated, that for the more certaine supply, and that the 
The way sum of two huudrcd pounds in New England silver, be 
be raised. dcHvered vnto our Agent, it is ordered, that a rate of two 
hundred and fifty pounds in silver money as aforesaid, be 
levied and assessed on the inhabitants of this Collony, and 
brought in to the Generall Treasurer, by whome the said 
sum of two hundred pounds shall be delivered to our 
Agent, and the other fififty pounds to be disposed off by 
the Treasurer as the Generall Assembly of this Collony 
shall see ?ause to order. 

And for the raisinge the said sum of two hundred and 
fiftypounds in this Collony, it is ordered, that Block Island 



AND PROVIDENCE PLANTATIONS. 413 

shall pay to the assessment aforesaid, the sum of five 1671. 
pounds ; Pettacomscutt the sum of tenn pounds ; the in- ^--"^v-**^' 
habitants hetweene Pettacomscutt and Warwicke towne 
bounds, the sum of twenty ffive pounds ; the towne of 
Warwicke shall pay the sum of twenty two pounds, fifteene 
shillings ; the towne of Providence, thirty seven pounds, 
fifteene shillings ; the towne of Portsmouth thirty seven 
pounds, fifteene shillings ; New^port, ninety six pounds ; 
Hope Island, fifteene shillings ; Quononocjutt, fifteene 
pounds. 

It is also ordered, that the inhabitants at Meshantatat, 
shall pay to the Generall Treasurer the sum of fforty shil- 
lings ; which is an addition to the aforesaid sum, and to 
be paid in the same specie. 

And it is ordered, that Thomas Relph, Roofer Burling- Men ap 

' i ' O O apomted to 

ham, and John Harrud, or any two of them, shall be the^tgf *''* 
persons to make Ihe rate and levie the assessment on the 
inhabitants of Meshantatat. And for the inhabitants be- 
tweene Pettacomscutt and Warwicke, the Assembly doe 
nominate Mr. Richard Smith, Mr. Thomas Gould, Mr. 
Samuell Dyre, Mr. James Reynolds, and Henry Tibbotts ; 
they or any three or more of them, shall be the persons to 
levie and assess the rate on the inhabitants there. 

And for Block Island, this Assembly doe nominate and 
impower Mr. James Sands, Peter George, Symon Ray, 
Samuell Hagbourne, and Robert Gutteridge, or any three 
or more of them to be the persons to levie and assess the 
rate on the inhabitants of Block Island. 

For Pettacomscutt, Mr. Samuell Wilson, Jireh Bull, 
William Herfernan, Samuell Albro, and William Knowdes, 
they, or any three or more of them are the persons nomi- 
nated and impowered to make and assess the rate on the 
inhabitants of Pettacomscutt. 

And for Quononoqutt, the Governor and Mr. William 
Brenton, Mr. William Coddington, Mr. Robert Carr, Mr. 
Caleb Carr, Mr. Richard Smith, and Mr. ffrancis Bremly, 
they, or any fower or more of them shall levie and assess 



414 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1671. the rate of Quononoqutt. And it is ordered, that the 
-^^-^^"'^ Generall Treasurer doe demand and receive of the Island 
Hope the sum by this Assembly assessed, and levied on 
that Island. 

ffurther it is ordered, that for the two townes War- 
wicke and Providence. For Providence, this Assembly 
doe nominate and appoint Mr. William Carpenter, Mr. 
Roger Williams, Mr. Thomas Harris, Capt. Arthur ffen- 
ner, Mr. Thomas Olney, Sen'r, Mr. Thomas Olney, Jun'r, 
and Mr. John Whipple, Jun'r, they or the major part of 
them, to make and levie the rate on the inhabitants of 
Providence. 

ffor the towne of Warwicke, the Assembly doe nomi- 
nate and impower Capt'n John Greene, Mr. James 
Greene, Mr. Richard Carder, Mr. Edmund Calverly and 
Mr. Amos Westcott, to be the persons, they, or any three 
or more of them, to make, levie and assess the rate levied 
on the towne of Warwick. 

ffurther, it is ordered, that if the inhabitants of the sev- 
erall places afore mentioned, viz. : of Providence, War- 
wick, Mashantatat, and the places betweene Warwick 
and Pettacomscutt. Pettacomscutt and Block Island shall 
amongst themselves make choice of men to make and assess 
the rate on the pertickular inhabitants and proprietors soe 
that the same rate and assessment be made and done, and 
returned by the persons soe chosen vnder their hands vnto 
the Generall Treasurer, at or before the 18th day of Octo- 
ber next, then the persons by this Assembly nominated, 
are discharged thereof; otherwise, the afore nominated 
persons by this Assembly nominated, are to make, assess, 
and divide the said sums on the pertickular inhabitants and 
proprietors of the severall places aforesaid, and returne it 
vnder their hands vnto the Treasurer, at or before the afore- 
said 18th day of October next. And in case the persons who 
shall by the pertickular inhabitants be chosen to make a 
rate and assess the sums specified on the pertickular per- 
sons in the several! places afore nominated, do neglect to 



AND PROVIDENCE PLANTATIONS. dl5 

assess the same by a rate and make returne thereof as is 1671. 
afore ordered, that then the sum by this Assembly order- ---*'^'^'*^ 
ed to be paid by the pkces nominated, shall be taken by 
distraint from the persons soe chosen, and neglectinge. 
And if noe persons be soe chosen by the severall places, 
then the persons afore nominated for each place, neglect- 
inge to levie and assess the said sum by rate on the per- 
tickular inhabitants of each place the sums by this Court 
ordered, to be paid to the Treasurer, it shall be taken 
by distraint from the persons by this Court nominated as 
aforesaid, to make and assess the said rates. 

It is also ordered, that the townes of Newport and 
Portsmouth, shall cause their pertickular rates to be made 
and assessed on the inhabitants of the said townes for the 
payment of what is by this Assembly assessed on them, and 
the same to be made and done by each towne respec- 
tively, and returned to the Generall Treasurer, at or be- 
fore the 18th day of October next. 

And it is ffurther ordered, that the whole assessment 
from each pertickular place shall be paid, and delivered to 
the Generall Treasurer, at or before the 10th day of De- 
cember next. 

And in case that any person or persons doe not pay 
their part in silver, that then they shall pay the double in 
provisiones, at price currant. And that if any persons 
doc refuse, or neglect to pay the sums assessed on them, 
then forthwith warrant shall be given forth by the persons 
impowered by the last Generall Assembly to grant warrants 
in such case to distraine upon the estate of the persons neg- 
lectinge or refuseinge to pay the sums assessed on them. 

Whereas, there is a desire of the inhabitants of Wester- Men ap- 
pointed to 

lye that some persons be impowered to goe thither and ^^^^^^^.'^^^Y 
take an inventory of their personal estates, this Court doe l^Jfts wutes 
see cause to grant their request in that respect, and to""" "'^"'^ 
the end the same may be more effectually performed, it is 
therefore ordered, that Mr. Jireh Bull, Mr. William Hef- 
ernan and Rouse Helmes, or any two of them be hereby 



Mr. John 
Clarke's 
com 



416 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. desired, required, and impowered forthwith, to goe to the 
^-*^v-^-^ said towne and take an exact inventory of the personal es- 
tate of each inhabitant, consisting either of house, household 
stuff, goods, cattle, horse kinde, or any other chattells 
whatever, and to returne the same under their hands, to 
Richard Baily, Secretary to the Councill, with all conven- 
ient expedition. 

It is ordered, and agreed, that the Commission and in- 
structions to be given to our Honored Agent, Mr. John 
Clarke, for the impowering him on this Collonys behalfe to 
manage this Collonys affairs before his Majestic in Eng- 
land, shall be drawne up by our Honored Gov'r, and the 
rest^of the Gen'll Councill of this Collony, ifit maybe, or 
otherwise by the Governor and the rest of the Generall 
Councill on Rhode Island. And the Governor is impow- 
ered to signe the said Commission on the Collonys be- 
halfe, and the scale of the Collony to be affixed thereto. 

Voated, that a motion made by Mr. Baulston, and sev- 
erall others for satisfaction for moneys layd out by them 
by the Collonys for land, is referred to the next Generall 
Assembly. 

Ordered, that coppies of this Assemblys orders shall be 
given forth by the Gierke of this Assembly unto the 
townes of the Island, by the 3d day of October next ; and 
for the other places and townes afore mentioned, at or be- 
fore the 6th day of October next ; and that the said 
Gierke of the Assembly shall be paid from each place for 
each coppie, the sum of tenn shillings. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Generall Assembly held for the Collony 
of Rhode Island and Providence Plantations at Newport^ 
the 26th of October, 1671. 

Mr. Benedict Arnold, Governor. 
Mr. John Clarke, Deputy Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. James Barker, 
Mr. William Carpenter, 
Mr. Roger Williams. 



Mr. Thomas Harris, 
Mr. William Baulston, 
Lieut. John Albro, 
Capt. John Greene, 
Mr. Benjamin Smith. 



Mr. John^Easton, 
Mr. William Weeden, 
Mr. Caleb Carr, 
Mr. Edward Thurston, 
Mr. Peter Easton, 
Lieut. Joseph Torrey, 
Mr. Stephen Arnold, 
Mr. John Sayles, 



DEPUTIES. 

Mr. Richard Arnold, 
John Sanford, 
Mr. Robert Hazard, 
Mr. Caleb Arnold, 
Lieut. Francis Brayton, 
Mr. John We ekes, 
Mr. Thomas Greene, 
Mr. John Potter, 



Mr. Thomas Harris, Jun'r, Mr. Edmund Calverlye, 



The Governor chosen Moderator of this Assembly. 

John Sanford, chosen Clerke of the Assembly. 

Voted, that the letters presented by our Honored Gov- 
ernor from the government of Plymouth, be read. 

Voted, that the Governor is desired to draw up a let- 
ter to the government of Plymouth, to signify our love- 
inge acceptance of their letter. 

VOL. II. 27 



418 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. Voted, tliat a letter presented by our Governor from 
'-*'"^^"*-' Connecticut, be read.* 



* Letter from Connecticut to Rhode Island. 

Plartford, October 12, 1671. 

Honored Gentlemen: Yours, of the 14th of June last, bath been com- 
municated vnto us, and although our Committee hath giuen you an answer 
thereto in July past, yet we ourselues are willing to informe you that wee 
see no cause to desist from exercising gouerument within those limits ex- 
pressed in our Charter. Neither haue we cause to doubt of his Majesties 
continuance of his gracious protection and encouragement to us therein, 
and that at last we shall be free from all those violent intrusions upon our 
rights which is undoubtedly given to us from Narragansett Bay, west- 
ward ; and we must tell you that if yourselues should cease troubling of 
us and our people in our aforesaid rights, you need not feare of being 
charged with foolishness or disloyalty ; and for those uncharitable reflec- 
tions you are pleased to lay upon us, we can pass them by (especially 
when we meet with them from those who are wont to deal such things to 
us). As to what you mention of our submission to the determination of 
his Majesties Honorable Commissioners, March, 1664-65, &c., we see it 
not proued that we gaue up any cf our right to you upon their issue, or 
that they made any issue declareing you to haue Charter rights within 
those bounds granted to us in our Charter ; and you may allso remem- 
ber that we had established gouernment at Wickford before the meet- 
ing of the Commissioners, and though you haue giuen us interrup- 
tion in our exercise of authority there, yet we haue alljvayes claymed 
right of gouernment there, and been exerciseing of it as we had oppor- 
tunity. 

Gentlemen, we cannot but wonder (with yourselues) that you should 
imagine that the priority of our grant doth not evince our right to what 
we clayme, and for what you are pleased to mention of our grant being 
arrested by his Majesties command. And that assertion of yours must 
needs arise from some misinformation you haue receiued to [be so] soon 
belieued ; and whereas, you mention that our western bounds haue not 
only been questioned, but found beyond right ; you may remember that, 
that makes for us in the case in controuersy between you and us. Be- 
cause it was the priority of former grants that made our rights question- 
able, you may reply. As to your appealeing to his Majestic, and your 
demands of our positiue answer, &c., we say we doe not understand 
your way, nor any ground you haue from vs for so troubling his 
Majestie. 

But if that be your reserue to decline here and attempt there, we hope 
we may be able in due season to meet yoiu' complaints or accusations 
with a just indication of our just righteousness and loyalty in what we 
haue done. 

Gentlemen, after all you are pleased to propose to a friendly treaty at 
Seacunck or New York, prouided it might be before the 10th of Septem- 



AND PROVIDENCE PLANTATIONS. 419 

Voated, that the punishment of Elizabeth, the wife of 1671. 
Peter Lee, be suspended untill Wednesday next. v,-*^^-^^ 

Yoated, that Mr. John Sayles and Mr. Richard Arnold, 
of Providence, shall have the sum of eighteene shillings 



ber past, we were not in a capacity to giue you answer thereto before 
now; and therefore, if you see cause, we shall be ready to attend your 
proposall of a treaty at Rehoboth or Boston, which we rather chuso, and 
can there more likely haue our Governor's presence ; prouided it be at- 
tended the second week in Nouember next, or in Aprill, if you chuse ; 
and that you fully iinpower your Committee to treat about and conclude 
a full and finall accord of all matters in controuersy between us without 
any priuatc cautious or restraints. And as to what you mention of our 
Gouernor attending the ti'eaty, we desire it; but must leaue it to his 
owne conueniency for a journey upon such account. But were the place 
of meeting not so remote, you may assure yourselues he would be ready 
enough to attend such a treatie and cleare such things as haue unworthyly 
been layd to his charge, and that information presented to his Majestie 
was such as became a dutifuU and loyall subject. If this be not accepted, 
we [propose] to giue you a mutuall reffereuce of the matters in contro- 
uersy unto so many of the gentlemen of the Massachusetts and New 
Plymouth as shall be thought meet by yourselues and us and our Com- 
mittee, who are to make choyce accordingly. We desire you would by 
the bearer hereof, returne a few lines to our Secretary, or some other of 
our Magistrates at Hartford, what we may take as your answer to these 
our proposalls. With our best respects we remayne, gentlemen. 
Your very affectionate ffriends, 

JOHN ALLYN, Sec'ry. 
In the name and by the order of the Generall Court of his Majesties 
Collony of Connecticut. 

Superscribed. 
For the Honored Benedict Arnold, Esq., Gouernor of his Majesties 
Collony of Rhode Island, »fec., in Newport. To be communicated to 
the Honored Generall Court or Councill there, with 



A session of the Generall Court held in Hartford, October 12, 1671 . In 
answer to the petition presented by Mr. John Crandall, signed by Mr. 
Tobias Sanders in the behalfe of himselfe and the rest of the people on 
the east side of Pawcatuck river, according to the desire of those people? 
as Mr. Crandall affirmed in Court. This Court returns that all those 
people on the east side of Pawcatuck riuer, within the bounds of Ston- 
ington, shall haue the same protection for their persons and estates as the 
arest of the people of this Collony haue, and as the law will affoarde them 
and this Court doth declare, that according to their desire there shall be 
cessation of all prosecutions against them in poynts of trialls for titles, 
of land, and for what other matters at present are past, respecting 



420 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. paid them by the Generall Treasurer, because of their 
^-^"^'"^*^ stayinge untill the next sittinge of this Assembly, the first 
of November next. 

The Court adjourned unto Wednesday next, eight of 
the clock in the morneing ; it beinge the first of Novem- 
ber next, in expectation to injoy the presence of the Mag- 
istrates and Deputies from the maine, their beinge a mes- 
senger sent on purpose. 

November 1st, 1671. 
At the re-meeting of the Assembly, accordinge to the 
aforesaid adjournment this 1st of November, 1671. 

Yoated, the Governor haveinge motioned to the Assem- 
BH°^com-^^y the complaint by Thomas Brigs, of Prudence, that an 
plaint. Indian, for ravishinge her, the said Brigses childe, beinge 
sought after by the authority of this Collony, made his 
escape to Quannapin ; and by the Constable, James Rey- 
nolds, was demanded, and Qaannapin refused to deliver 
the said Indian, this Assembly at jjresent doe see cause to 
referr the debate thereof, and to resume the proceedings 
therein when the Assistants from the maine appeare, or 
otherwise, before this Court dissolves. 

Yoated, that whereas, Elizabeth, the wife of Peter Lee, 
Elizabeth was at the last Court of Tryalls, held October the 18th, 

Lee pun- '' 

ished. for grand larceny, sentenced to be whipt with tenn stripes, 
and her husband and her self having petitioned this Court 



trespass or misdemeanor till the Generall Court in May next. Provided, 
they doe carry peaceably in the meane time, and duely performe all that 
they have engaged in their petition to this Courte. 

[At the same session of the Generall Court of Connecticut, a commit- 
tee consisting of John Allyn, James Richards and Capt. John Winthrop, 
Capt. John Tallcott, with Samuel Willys as a substitute, was appointed 
to meet and treat with a committee appointed by Rhode Island " respect- 
ing patent bounds and government, or matters of injury and wrong." 
They were also authorized to refer their differences to such "gentlemen 
of the Massachusetts and New Plymouth Colonies, as they and the Rhode 
Island committee may mutually chuse," and to meet at Rehoboth or 
Boston.— J. R. B.] 



AND PROVIDENCE PLANTATIONS. 421 

for mercy, and alledginge the weake and sick condition of 1671. 
the said Elizabeth, and alsoe the Court perceivinge the '-^~^'"^-' 
truth of their aUigations, doe see cause to remit the 
said sentence upon promise of better behaviour for the 
future. 

Voated, whereas, Thomas Jennings, hath been impow- Thos. jen- 

' ^ nings wages 

ered by this Assembly to goe to Providence, and War- 'q Repaid. 
wicke, and he havinge been six dayes on that service, and 
the said Jennings for the said services havinge received 
twenty shillings from the Governor, and two shillings, 
nine pence from Lieut. Francis Brayton, this Assembly 
doe order, that the Governor and Lieut. Brayton shall be 
repaid the said sum by the Generall Treasurer. 

Voated, the Governor is desired to draw the answer to 
the letter from Connecticut, and present it to this Assem- 
bly, for their approbation. 

Voated, that Lieut. Joseph Torrey, is desired to be the Lieut, jo- 

_, n r^ • ^^P'' Torrey 

person from this Court, to the Governor of Connecticut, [o^ar'^ya 
and if possible returne their answer. Connecticut 

And it is ordered, that the said Lieut. Torrey shall 
have the sum of three pounds in silver, delivered him by 
the Generall Treasurer, forthwith, and upon his returne, 
if that sum be not suf&cient, to satisfy the said Lieut. 
Torrey his expenses in that journey, that then upon his 
address to the Governor and Deputy Governor, he shall 
from them have order to receive from the Generall Treas- 
urer what may appear further due for his journey afore- 
said. 

Letter from Rhode Island to Connecticut. 

Newport, November 4, 1671. 
Honored and respected Gentlemen : Yours, bearinge 
date October 12, 1671, came to our hands inclosed in a 
letter from Mr. Jireh Bull, Conservator of the Peace, 
at Pettacomscutt, in the Kings Province, &c., dated Octo- 
ber 26, sent by an Indian ; but for that bearer, by whome 
you delivered the answer. Here came noe such person, 



422 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. nor know wee who it was, being you name him not ; and 
^-^"^''^^ therefore could not send the answer by such. And why 
or how the letter was soe long a cominge to Pettacora- 
scutt, even four days, wee cannot but wonder ; save as 
wee may suppose it was misdated ; but to overlooke that, 
and not to insist upon the grateinge expressions therein, 
beinge soe frequently sent us, instead of solid reason ; 
and under pretence of reprovinge the licke, pretended to 
be used by us, of which we are not conscious. Butt on 
the contrary, have indeavoured to offer reasonable propos- 
alls, as our letters will bee construed by indifferent read- 
ers. Wee shall by way of answer to your letter above- 
said (for wee received none from your Committee since 
ours of June 14th), wee say in answer to your motions or 
returnes for a treaty at Boston or Rehoboth (you waveinge 
New Yorke). Wee are willinge to joyne with you, to 
witt : to meet and treat at Rehoboth ; not doubtinge of 
convenient entertainment there to be procured. And as 
for the times you prefixe, necessity compells us to consent 
to the latter, viz., Aprill next; although wee had much 
rather attended it the second weeke of the month, had 
wee received such timely notice by a certaine bearer, 
by whome it had been possible to have returned answer 
timely enough to have accommodated that matter, which 
otherwise could not bee. 

And as for the third pertickular, to witt : a plenepoten- 
tiary commission to the persons commissionated to treat 
with yours. You had a full account of that point in our 
last, of June 14th, abovesaid ; wherein wee ingaged to 
invest them with as full power in that respect as his Maj- 
estic hath invested us withall ; and further, you may not 
expect. And therefore, to be plaine and cleere, in few 
words, wee must tell you, that wee have noe power to al- 
ter, change, or give away any part of the bounds pre- 
scribed and settled by his Majestic in his gracious letters 
Pattents for us to exercise jurisdiction in, soe that to treat 
on that account, will prove labour in vaine, as you by 



AND PROVIDENCE PLANTATIONS. 



423 



former experience by letters, treatys, and letters againe, 1G71. 
have beene abundantly given to vnderstand. But if your ^-^^-^ 
aimes were, or are, that differences about lands lyinge in 
the King's Province, might be issued by friendly compos- 
ures amongst the pretenders thereabout differinge (if any 
such appeare), as it is very lickly that claimes of interest 
is the cause of striveinge to wrest the jurisdiction out of 
our hands. Wee shall, as farr as it concerneth this Collo- 
ny in generall, be very free to impower our Committee 
fully to decide the differences about interest in land, by a 
mutuall composinge the same with yours ; as alsoe to per- 
swade pertickular persons soe to doe, or to putt such dif- 
ferences to indifferent persons of the Collonys you name, 
and of New Yorke, &c., to determine therein. And if 
this motion be accepted, and that wee may have your 
present and positive answer that soe you doe accept it, it 
may happily prevent our complaint to his Majestic, &c., 
upon yours, fforbearinge to force your way by exercisinge 
jurisdiction on the east side of Pawcatuck, alias Narra- 
gansett river. And therefore request and expect jour 
answer, by Lieut. Torrey, whome wee send on purpose to 
bringe it ; wherein you appointinge alsoe, a certaine day 
in Aprill next, for the said proposed treaty at Rehoboth, 
ours shall be ready, with the help of the Lord, then and 
there to attend yours ; beinge hopefull it may be the 
meanes to issue the differences in love and peace. Which, 
that it may be, it is, honored friends, the unfaigned de- 
sire off your ffriends and neighbours, the Generall 
Assembly of his Majesties Collony of 
Rhode Island and Providence Plan- 
tations, now sittinge. Signed by their 
order. Per JOHN SANFORD, 

Gierke of the Assembly. 

To the much Honored John Winthrop, Esq., Governor 

of his Majesties Collony of Connecticut, and to the 

Honored Councill. Or to the Honored Mr. John 

AUyn, Assistant and Secretary, to be communicated 



424 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. to the rest of the Honored Committee appointed to 

^-''^--*-' that end by the Generall Assistants, to receive and 

to answer letters of public concernment.* 

Per Lieut. JOSEPH TORREY, R. D. G. 

Voated, the Assembly havinge ordered the letter afore- 
commis- said, to be sent to Connecticut, and theren given them to 

sion to meet 

withcon. understand that some persons fully impowered by this 

nectiout ^ J c j ^ 

Sone"?s'at Court, shall with the Lord's assistance, meet at Reho- 

Rehoboth. 

* Letter from the Connecticut Committee to Rhode Island. 

Hartford, November 15th, 1671. 
Honored and beloued Gentlemen : Yours, dated the 4th of this instant, 
by Lieut. Torrey, we haue receiued, whereby we understand that ours of 
October last, had a long passage to yourselues (we shall inquire into the 
reason thereof) ; whereby we, as well as yourselues, are disappointed of 
an opportunity of meeting this moneth to treat about those differences 
that haue been too long depending between yourselues and us, which we 
are desirous may receiue an equall and speedy issue. And indeed yours 
now comes to us but in an ill time, by reason of the absence of our Gou- 
ernor and some of our Assistants, who (by reason of Lieut. Torreys 
haste, whoe assures us he will stay uoe longer than the morrow for our 
answer) cannot in so short a time bo called together to giue so full an 
answer to yours as might be I'equisit. Therefore, all that at present we 
can say is, that at the return of our Gouernor from Boston (which we ex- 
pect dayly we shall moue him to call the Couucill together to consider 
farther of what you haue now writt unto us ; aud you need not doubt but 
you shall receiue such a timely answer thereto, as may be to your just 
sattisfaction ; and that before Aprill, the time you prefix for our meeting 
with you in Rehoboth. 

Gentlemen it is not pleasing to us to be at variance with any of our 
neighbour Collonyes, and we heartily desire an issue of whatsoeuer ob- 
structs our good neighborhood; aud shall be ready to attend any just and 
righteous wayes that may guide and leade us thereto, and we shall en- 
deauour to approue ourselues that we are, gentlemen. 

Your loueing friends and neighbours, 

SAMUELL WILLYS, 
JOHN TALLCOTT, 
JOHN ALLYN, 
JAiMES RICHARDS, 
Assistants of his Majesties Collony of Conuecticutt, New England. 
Superscribed. 
These for the much Honored Benedict Arnold, Esq'r, Gouernor of his 
Majesties Collony of Rhode Island, &c., in Newport, d. d. To be 
communicated to the Honored Generall Assembly or Councill of that 
Collony. Per Lieutenant JOSEPH TORREY, Q. D. G. 



AND PROVIDENCE PLANTATIONS. 425 

both, Aprill next, and treate with their Commissioners soe 1671. 
impowered by the said Collony of Connecticutt ; and if ^"-'•^v-*^-^ 
it may be, to make a full accord and agreement of all dif- 
ferences arisen concerning interest or claime of interest in 
lands in the King's Province, soe farr as it may concerne 
the Collony in generall ; as alsoe to endeavor to perswade 
pertickular persons differinge about such claimes and in- 
terest in the said lands to compose the same ; or in case 
such composure cannot be made, then that the persons 
impowered, may in the Collonys behalfe referr the same 
to such indifferent persons as they shall see cause to be- 
trust to compromise the said differences. As also to en- 
deavor to perswade pertickular persons differinge about 
those or any of those lands to doe the licke. 

It is by this Assembly ordered and declared, that our 
Honored Benedict Arnold, Governor, John Clarke, Deputy 
Governor, Capt. John Cranston, Assistant, Capt. John 
Greene, Assistant, and Lieut. Joseph Torrey, Generall 
Atturney, or any fower or three of them, are the persons 
impowered to meet, treat and make a full and fynall ac- 
cord in and concerninge the premises (as farr as they 
cann), and what by them or any fower or three of them 
shall be agreed unto with Connecticutt Commissioners in 
the case aforesaid, and given under their hands and scales, 
shall be as authentick to all intents and purposes as if done 
by the whole Assembly. And a coppie of this act, under 
the Generall Recorders hand, with the scale of the Collony 
thereunto affixed, shall be their full commission to act in 
the premises, and to compose any other differences be- 
tweene the two Collonys, saveinge only they are not to 
alter the bounds mentioned in our Charter voted. 

Letter from Rhode Island to Plymouth. 

Newport, November 2, 1671. 
These are to give you to understand that your loveinge 
and well come lines both of September 14th and 29th last 



'426 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. past, hath been communicated unto us by our Honored 
^^-^^^'^^^ Governor, &c., the contents of both beinge very much 
oblidghige, and doth indeed move us to be thankfull unto 
the Most High for preserveinge us yett in peace, and di- 
vertinge the cloud which he was pleased to lett hang over 
the country, threatninge a storme of warr, or the sad ef- 
fects that attend thereupon, as massacreinge, and destroy- 
inge persons and estates, which would inevitably have 
followed upon an absolute breach with the natives, as wee 
were well aware of; and it exercised our mindes and putt 
us upon labour and charge to withstand or prevent it. 
Neither cann we, but together with you, acknowledge the 
goodness of the Lord in soe mercifully spareinge the coun- 
try. We alsoe acknowledge your prudent and patient pro- 
ceedings in that matter, and your candid respect and great 
atfection expressed unto us, in givinge us seasonable infor- 
mation of your apprehensions, resolutions and conclusions 
had, taken and made concerninge those matters. And 
you may assure your selves, that you may expect from us 
as occasion shall require it, such demonstrations of our 
love and duty to your selves, as is becominge us, not only 
as wee are English subjects, to one and the same King ; 
but also as neighbours and ffreinds very neerly obliged to 
love and serve your Honors in all sincerity. And it is 
not a little grievous unto us, that wee cannot procure the 
licke cause from our Honored the Collony of Connecticutt, 
from whome wee mett with very hard, harsh and vndesira- 
ble passages which we would be'glad they would forbeare. 
Butt they are putt upon it by the ambition and covet- 
eousness of some few. And surely, it presseth upon us 
very much to complaine to our Soveraigne for releife, 
which if wee bee forced to doe, it is not difficult to con- 
clude what issue it may produce ouer the whole country. 
Butt were it possible to prevent such an issue without 
evident ruin to our selves, &c., wee should willingly 



AND PROVIDENCE PLANTATIONS. 427 

adheare to such advice as might tend unto the peace and 1671. 
safety of the whole. v,«»-n--*^ 

Butt not further to trouble your Honors at present, wee 
rest. Your very affectionate friends and neigh- 

bours, the Generall Assembly of his 
Majesties Collony of Rhode Island 
and Providence Plantations, convened 
October 25, 1671. Signed by order 
of the said Assembly. 

Per JOHN SANFORD, Gierke. 
To the Right Worshipfull Thomas Prence, Esq., Gov- 
ernor of his Majesties Collony of New Plymouth, to 
be communicated to the rest of the Honored Council! 
and Generall Court there. These present with care. 
Postscript. Honored ffriends : There is an Indian live- 
inge at or neere Pocassitt fferry, in your jurisdiction, who 
hath broken prison here, beinge committed for force offered 
to Martha, the wife of Edward Lay. His name is by the 
Indians called Quashcombe, and by the English John. 
Wee earnestly desire your honored government, or other 
of the Magistrates, to give warrant to some of your officers 
there, to apprehend the said Indian, and cause him to be 
brought in to this Collony, before some Magistrate at 
Portsmouth or Newport, &c. ; the charge whereof, wee 
shall defray and be ready to doe you the licke office of 
love, as occasion may present. 

Voted, whereas at the last Generall Assembly, heldS°^""'°^ 
September 25th, a rate was levied and assessed on the 
severall townes and places in this Collony to be paid to 
the Generall Treasurer, as in the said Courts orders more 
fully doth appeere. 

And whereas, there are noe returnes from the townes 
of Providence and Warwicke, and the other places on the 
maine, nor from Block Island, to the Generall Treasurer, 
accordinge to the contents of the orders of the said Court. 

And whereas, in those orders severall persons in the 



428 RECORDS OF THE COLONY OF RHODE ISLAND, 

1671. said two townes and places were empowered to make and 
^-'''■^''"^^levie a rate on the inhabitants of the said townes and 
places, accordinge as it w^as by that Assembly assessed on 
such place ; and some of them alleadginge that the orders 
of that Court came not timely to their hands : now it is 
ordered, that the powder of the said Assembly of Septem- 
ber 25th, committed to the severall persons in each the 
said two townes and places, is still continued unto them. 
And they are hereby authorised to proceed in that com- 
mission by the said Assembly committed to them, and 
under the same pennalty in case they neglect as is therein 
expressed ; and the said rates (from each the said townes 
and places, viz.: Providence, Warwicke, Meshantatat, 
the inhabitants liveinge between Warwicke bounds and 
Petacomscutt, the inhabitants are the proprietors of Peta- 
comscutt and Block Island), and under their hands returne 
the same unto the Generall Treasurer, at or before the 24th 
day of this instant November. And that the severall sums 
are to be brought in to the Generall Treasurer at or be- 
fore the 10th of December next, according to the order of 
the aforesaid Assembly in September last. 

Voated, that a warrant be given forth from this Assem- 
se^rjeanf" ^ly to the Geucrall Serjeant, to impower him as High 
ffignon^- Constable, to goe to Narragansett and apprehend the In- 
pprehend dlau by the English, called Conn, who is accused for 
committing a rape on the child of Thomas Brigs, of Pru- 
dence ; and the warrant to be signed by the Gierke of 
this Assembly. 

It is ordered, that the Clerko of this Assembly shall 
send forth coppies of this Court orders to the two townes 
and places aforesaid, under the scale of the Collony, soe 
as they may come to each before or on the 14th day of 
this instant November. 

Voated, that the Clerke of this Assembly shall have six 
shillings, eight pence from each towne and place, for 
copies of this Court orders afore ordered, and exprest to 
be sent forth. 



the Indian 
Conn. 



AND PROVIDENCE PLANTATIONS. 429 

Yoated, that this Assembly is adjourned untill the 1672. 
28th day of this instant November ; and this to assemble ^-*-v-**-' 
againe, provided there be nothinge from the Governor to 
the severall townes, to signify to the contrary hereof. 



Acts, Orders and Proceedings of His Majesties Court of 
Justices sitting att Neioport, in His Majesties Colony of 
Rhode Island and Providence Plantations, S^-c.,Jfebruary 
2ith, 1671-2. 

Ordered, that Thomas Ward, Constable of Newport, 
doe forthwith giue notice to Leonard Smith, Constable of 
Providence, to bring William Harris, who is in his custo- 
dy, before the Councill, forthwith. 

j\Ir. Harris, being befoie the Councill, and the testimo- 
nies of Mr. Roger Williams and Phillip Tabor being read 
to him, hee said hee did disown the matters therein wit- 
nessed against him, but delivered in his paper. 

Ordered, that the said William Harris bee committed 
to prison without baile or mainprise. 

To James Rogers, Sheriffe of his Majesties Collony of 
Rhode Island and Providence Plantations, &c., or 
his Deputy or Deputies : 
You are hereby in his Majesties name, required to take 
into your custody and safety, and strictly to keepe in his 
Majesties prison in the towne of Newport, the body of 
William Harris, of Providence, soe that you may haue 
him at the next Generall Court of Tryalls to bee held 
for this his Majesties Collony att Newport, aforesaid, 
in May next ; then and there to answear such indict- 
ment or indictments, as shall bee preferred against him 
for speakeing and writeing against his Majesties gracious 
Charter granted to his Collony, very much to the dishonor 



I 



430 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. of our Soveraigne Lord, the King ; and subverting the 
-'^'^'^*^ Government there established. 

Given under our hands the 24th day of ffebruary, in the 
four and twentieth yeare of the reigne of our Sov- 
eraigne Lord, the King of England, &c., Anno 
Domini, 1671. BENEDICT ARNOLD, Gov'r, 
JOHN CLARKE, Dep'ty Gov'r, 
JOHN CRANSTON, Assistant, 
JOHN COGGESHALL, " 
JAMES BARKER, 
ROGER WILLIAMS, 
JOHN ALBRO, 
JOHN GREENE, 
BENJAMIN SMITH, 
Ordered, that in consideration of the many weighty af- 
faires that doe emerge, which require the most serious 
advice, therefore the Generall Assembly bee convened to 
sitt att Newport, on the fiirst Tuesday in March next. 

Ordered, that the persons that brought downe William 
Harris, that is to say, the Constable and his aide ; and 
also the boateman shall bee paid out of the Generall 
Treasury. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the General! Assembly of the Colony of 
Rhode Island and Providence Plantations, held at Neiu- 
port, March the M, 1671-2. 

Mr. Benedict, Arnold, Governor. 
Mr. John Clarke, Deputye Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. James Barker, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Harris, 
Mr. William Baulston, 
Left. John Albro, 
Capt. John Greene. 
Mr. Benjamin Smith, 



DEPUTIES. 



For Newport. 
Mr. John Easton, 
Mr. Joseph Clarke, 
Mr. Caleb Carr, 
Lieut. Joseph Torrey, 
Mr. Richard Baily, 
Serj't William Weeden, 

For Providence. 
Mr. Stephen Arnold, 
Mr. John Throckmorton, 
Mr. Thomas Clemance, 



Mr. Thomas Roberts, 
For Portsmouth. 
John Sanford, 
Mr. Joshua Coggeshall, 
Mr. George Lawton, 
Mr. Thomas Cornell, 

For Warwicke. 
Mr. Job Almy, 
Mr. John Warner, 
Mr. Amos Westcott, 
Mr. Samuell Stafford. 



The Governor chosen Moderator. 

Richard Baily chosen Clerke of the Assembly duringe 
the absence of the Recorder. 

Ordered, that the letter sent by the last Generall As- 



432 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. sembly of this Collony to the Collony of Connecticut, and 
^-''^'^^-' their answer thereto be read in this Assembly.* 

The Recorder beinge present in Court, the Court pro- 



* Letter from Con?iecticui to Rhode Island. 

Hartford, January 29, 1671 (1772). 

Honored Gentlemen: Yours, of Nouember 4th, last, wo haue now pe- 
rused ; and though we haue not yet had opportunity to make inquiry 
into the reason of the delay of our letter to you, yet we assure you it was 
positiuoly contrary to the strict care taken by the Generall Court for its 
speedy convayance. And as to the form of your letter in generall, we 
say (whateuer are your conseptions of our motions to you ward, together 
with the low opinion you haue of our reasons), we haue faithfully indea- 
uoured a loueing and neighbourly complynnce ; and to that end, haue 
sent persons fully impowered to make a full settlement of all matters cou- 
trouerted between vs. But what delayes, and with what limitations 
yours have bin attended, the totall frustration of the intent of such trea- 
tys will easily appeare. But in this last returne of yours (wherein you 
say you deale plainly), we must needs say, if in your former you had 
dealt as plainly, we should neuer haue giuen oursclues the labor and 
trouble we haue had on that account. And now indeed we cannot but 
see you neuer intended any composure or complyauce in the thing in 
coutrouersy; for pertickular propriety was neuer the thing controuerted 
about, but jurisdiction right (for who knowes but that the determination 
of controuersyes touching perticular proprietyes belongs properly to 
them within whose jurisdiction it is). And therefore we easily concurr 
with yourselues that such a meeting (namclymerely to treat about per- 
ticular proprietyes) will be (indeed) labor in vaine, we are as vnwilling 
as yourselues to spend time to noe purpose and judge it freuitless ou 
the tearmes you mention, for ours to giue any attendance at Rehoboth, 
vulcss on both sides the Coounissioners are impowered to treat aboute 
and conclude vpon the matter in controuercy. And though we shall not 
here make proclamation of the positiueness of our resolues, &c., yet wee 
cannot but returne in your own words that we as much wonder how you 
can imagine we can giue away any part of what his Majesty hath granted 
vs before any patents of yours, and according as we intend to goe on in 
attendance of our duty, as not being at all amused by your threatened 
complaints. But we are not willing to insist upon this subject, and 
therefore shall leaue it to your serious consideration, hopeing you will 
see cause to forbeare any farther interrupting of us in our just rights; 
which will engage us to rcmayne your loueing neighbours and friends, 
the Councill of Connecticutt. Signed by their order, per me, 

JOHN ALLYN, Sec'ry. 
Superscribed. 

To the Honored Benedict Arnold, Esq., Gouernor of his Majesties 
Colony of Rhode Island, &c., to bo communicated to the Honored 
Councill or Generall Assembly. 



AND PROVIDENCE PLANTATIONS. , 433 

ceeclecl to a new election of the Gierke, and the Recorder 1672. 
was chosen Gierke. .-—v-*^ 

Voted, this Assembly haveinge had long and serious ^^"^age"^'^ to 
debates concerninge the differences between this Gollony ^"^'and. 
and the Gollony of Gonnecticut, for their exerciseinge and 
claiminge jurisdiction and government within the limitts 
of our Gharter ; do conceive the most absolute way is, to 
make their humble aplycation unto his Majestic. And to 
that end, doe order, that an agent or agents bee appointed 
and empowered in the Gollonys behalfe, to mannage their 
appeale before his Majestic, in England. 

Voted, and in this Assembly unanimously agreed, that 
our Honoured Deputy Governor, John Glarke, is desired 
to be the person for the Gollonys agent, to goe to England, 
and mannage our appeale to his Majestic against the Gol- 
lony of Gonnecticuts violent and illegall intrusions. 

Voted, this Assembly havinge seariously debated the 
matters in difference between Gonnecticut and this Gollo- 
ny, and there beinge soe small appearance of the Deputies 
of Providence and Warwicke, this Assembly doe desire 
that there may be a more full and absolute concurrance of 
the said two townes in their representatives. And there- 
fore at present, doe see cause to dissolve ; desiringe and 
adviseinge the Governor that an Assembly be suddainly 
called to sitt at Newport, where it is hopefully expected 
a more full Assembly may be, to consider of and order the 
affaires of this Gollony in respect to the mannagement of 
our said appeale vnto his Majestic. And in order there- 
unto, the Assembly doe dissolve. 
28 




RECORDS OF THE COLONY OF RHODE ISLAND, 



Proceedings of the Geiierall Assembly of the Collony of 
Rhode Islafid and Providence Plantations, held at New- 
port, the 2d of Aprill, 1672. 



Mr. Benedict Arnold, Governor. 
Mr. John Clarke, Deputy Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. James Barker, 
Mr. William Carpenter, 
Mr. Roger Williams, 



Mr. Thomas Harris, 
Mr. William Baulston. 
Lieut. John Albro, 
Capt. John Greene, 
Mr. Benjamin Smith. 



DEPUTIES. 



Mr. John Easton, 
Mr. Joseph Clarke, 
Mr. Caleb Carr, 
Lieut. Joseph Torrey, 
Mr. Richard Bailey, 
Mr. Walter Clarke, 
Mr. Stephen Arnold, 
Mr. Thomas Olney, Jun'r, 
Mr. Ephraim Carpenter, 
Mr. John Whipple, 



Mr. John Sanford, 
Mr. John Tripp, 
Mr. George Lawton, 
Mr. Thomas Cornell, 
Mr. John AVeekes, 
Capt. Randall Howldon, 
Mr. Richard Carder, 
Mr. Walter Todd, 
Mr. Tobias Sanders, 
Mr. Shuball Painter. 



The Governor chosen Moderator of this Assembly. 

The Recorder, John Sanford, chosen Clerke. 

Voted, this Assembly being very sensible that the pre- 
ceding Assembly were constrained to dissolve by reason 
of the non-appearance of Deputies from the townes of 
Providence and Warwicke, and the towne of Providence 



AND PROVIDENCE PLANTATIONS. 435 

haveinge chosen certaine persons for their Deputies in 1672. 
their towne meeting, hekl the 15th of March, last ; and '^-*'^''-"*^ 

Two elec- 

beinge afterwards informed that the persons chosen in the ^'^'^^j?^^ 
^said meetinge, beinge pertickularly inquired of by the ^""'Jg''^'- 
Towne Serjeant of the said towne, whither or noe they 
could attend this present Court, answered they could not. 
Whereupon the said towne, out of their great care to have 
their Deputies present in that Assembly, at this juncture 
of affaires, when there are soe many attempts to make 
voyd his Majesties gracious Charter to us granted, were 
constrained in their towne meetinge, held the 25th of 
March last to proceed to a new election of persons for 
Deputies in the place of those soe denyinge. This As- 
sembly doe therefore declare, that the persons chosen in 
the said towne meetinge held the said 25th of March, are 
the Deputies for the said towne of Providence, to sitt and 
transact in this Assembly. 

Voted, that a paper presented by Mr. Walter Clarke to 
the Governor, signed William Harris, shall be read. 

Voted, that the said paper being read in Court, and on 
perusall thereof, it not beinge directed to this Assembly in 
those words which his Majestic in his gracious Charter 
hath been pleased to give the title unto this Corporation, 
namely : his Majesties Collony of Rhode Island and Provi- 
dence Plantations, &c. Therefore, the Assembly cannot 
take cognizance of the said paper, or any other, except it 
be directed in these words, viz. : To the Generall Assem- 
bly of his jNIajesties Collony of Rhode Island and Provi- 
dence Plantations, &c. 

Voted, that whereas, upon the serious consideration of 
the intrusions of Connecticut Collony upon this jurisdic- 
tion, it hath been by former Generall Assemblys declared 
that the best means that cann be used for remedying the 
same, will and shall be, by sending an Agent or Agents 
to mannage this Collonys appeale before his Majestic in 
England, against the said intruders, and that suitable 
supply be allowed for defrayinge the charge of the said 



436 RECORDS OF THE COLONY OF RHODE ISLAND, 

1G72. appeale, &c., which said supply and the way to raise it, 
^-*''-^'^*-' beinge referred by the hist Assembly unto the present As- 
sembly in regard thereto, there was soe small or noe ap- 
pearance of the Deputies from the townes on the maine in 
that Court. And seeing now a fuller appearance from 
thence in this present Assembly, and haveinge in this As- 
sembly fully debated the said matter : the Assembly doe 
fully agree unto the determinations of the former Assem- 
blys, to wit, that they doe send and ought to send an 
Agent or Agents to mannage their appeale as aforesaid, 
and that suitable supply shall be raised and expended to 
beare the charge thereof. 

Voted and declared by this Assembly, that our Honored 
ciarke^k" I^^P^^y Govcmor, Mr. John Clarke, be this Collonys 
AgOTt to Agent to mannage our appeale to his Majesty in England, 
England. j^gj^^^g{; i\-^q violcnt intruslous of Connecticut Collony ; it 
haveinge also by former Assemblys been thought and or- 
dered to be convenient. 

Voted, it is ordered by this Assembly, for the raisinge 
o^-^jrsfor of money for the supply of our Agent, &c., that the orders 
Zill. C)f the Generall Assembly, held the 25th of September 
last, for the raising moneys to that end, are againe revised 
and to be put in execution. Only those by that Assembly 
appointed for the townes of Providence and Warwick, to 
levie the rates in the said two townes, are discharged, and 
it is only left to the said townes to make choyce in each 
towne, of persons to make a rate and assess the said sum 
by that Assembly ordered to be paid by each towne. 

And for the other places that according to that order, 
have not made the rates by that Assembly assessed on 
them, the persons for each place therein nominated and 
appointed, are still continued, and are to make the said 
rates for each place respectively, and make returne 
thereof unto the Generall Treasurer, on or before the 30th 
day of this instant month, Aprill ; and under the same 
pennalty as is in the said Assemblys orders exprest. 
It is also ordered, that the Indians in this Collony are 



AND PROVIDENCE PLANTATIONS. 437 

excepted, as persons not lyable to be rated in any places 1672. 
to be payd to the said assessment. And it is ordered, ^-^^^'-"*«-' 
that the rate makers for each place, by that Assembly 
appointed, and now continued, shall have five shillings a 
piece from the Generall Treasurer, for their makinge and 
returninge the said rates to the Treasurer, which shall be 
added, and laid upon the respective inhabitants of the said 
places in the rates they soe returne. And it is ordered, 
that the whole assessment throughout the whole Collony 
shall be brought in and paid unto the Generall Treasurer, 
on or before the 24th day of June, next ; and if any per- 
son be a failer of bringinge in their rates of the said rates, 
it shall be taken by distraint, as is exprest in the said As- 
semblys orders. 

Voted, this Assembly taking notice of the great incon- be^converw 
veniences that follow by convertinge the effects raised by end K^^"" 
rates levied in this Collony for the discharginge certaine LadeTo^r* 
arrears, or debts made in their behalfe, and by their order, 
&c., unto other uses than intended by the Assembly when 
such rates were levied, by which said misimployinge the 
said effects, the Collony hath in most weighty concernes 
suffered reproach, to the great discredit thereof, for not 
paying and discharging those engagements for which the 
rates were expressly levied. 

Therefore, and for preventinge the like inconveniences 
for the future, it is enacted by this Assembly and the au- 
thority thereof, that from henceforth whensoever any Gen- 
erall Assembly shall see cause to levie a rate for any use 
or uses by them mentioned, for which the said rates are 
made to be employed in the Collony, or in any other be- 
halfe, saveing and only and directly to the use and end 
for which it shall be directly appoynted by the said As- 
sembly when such rate is assessed or made, untill that oc- 
casion be fully answered, and discharged. 

And the same is to be observed as to the rate which 
hath been by a former Assembly made, and now confirmed 



438 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1672. for the supply of the Honored John Clarke, Deputy Gov- 
-'^^''"*-^ ernor, the Agent by this Collony appoynted to mannage 
their appeale before his Majestic against the illegall intru- 
sions of the Collony of Connecticutt, upon this CoUonys 
jurisdiction ; neither shall any persons plea that the Col- 
lony is in his debt, be of any force or offsett to his or their 
said rate on that pretence untill the end be answered for 
which the rate is or shall be made, especially in case the 
pretended debt soe made known unto the Assembly, and 
by them acknowledged, at or before the makinge such 
rate, &c. 

And furthermore, the Assembly beinge sensible of the 
.*°jp- great detriment the Collony in generall, and well-minded 



None 



Gen 



Assembly pej-gons j^ pcrtlckular doth sustaine by reason of a cov- 
eteous or ffactious and mallicious sperritt appeereinge in 
sundry townes and places of this Collony ; who oppose all 
or any rates, and thereby prevailinge, by their deluded 
adherants, in overpowering the more prudent and loyall 
partys in such towne and place, to the frustration of the 
most necessary and needfull ends for which such rates are 
levied ; whereby the Collony is exposed to much discred- 
it, and other detainments great and dangerous, even 
tendinge to ruin and subversion thereof in the issue, and 
in meane time to the intollerable burden and oppression 
of the more tractable and rationall people, who readily 
comply with the CoUonys injunctions, in payinge the 
severall rates imposed on them, which yet are rendered 
ineffectuall as to the full discharge of the Collonys en- 
gagements, by reason of the non-conformance to, and 
non-performance of the Collonys orders in such cases by 
such refractory persons, as abovesaid. 

Be it enacted by the Governour, Councill and Repre- 
sentatives this present sessions assembled, and by authority 
of the same it is enacted, that from henceforth if any per- 
son or persons in any town or place within this jurisdiction, 
shall at any time more especially in any town meeting or 



AND PROVIDENCE PLANTATIONS. 439 

other publique assembly of people, appear by word or act, 1672. 
in opposition to such rates and impositions, made from '-^^^-^'^--■ 
time to time by the Generall Assembly of this Colony, or 
that shall appear in opposition against any of the Acts and 
Orders of such Assembly made according to the Charter, 
by speaking against such Acts or Orders openly, in any 
concourse of people together, or that shall move to the 
rejecting such Acts and Orders when published in any 
such meeting in any town or place, or that shall indeavour 
by word or deed to send back or otherwise to slight such The pun- 
Acts and Orders; all and every such persons shall be ques- suchrs'op- 

pose or 

tioned and proceeded against as for high contempt and^peak^^ ^^ 
sedition, and be made responsible at the Generall Court "g^gfj^^'y. 
of Tryalls in this Colony, from time to time ; and to that 
end, shall be bound by recognizance to, or imprisoned 
untill the Court at the discretion of the Justice or Justices 
before whom such person or persons shall be examined ; 
and all and every person that shall be convicted by their 
peers of any the abuses aforesaid, shall suffer such pains, 
restraints and penalties as folio weth, at the discretion of 
the Justices, viz., corporall punishment by whipping, not 
exceeding thirty stripes, or imprisonment in the House of 
Correction, not exceeding twelve months ; or else a fine 
or mulct, not exceeding twenty pounds. 

Voted, whereas sundry persons of the towne of Stoning- westerly 

' "^ -^ ° people car- 

towne, in the jurisdiction of Connecticut Collony, have of|;y<='^,^j^?yg 
late in a most riotous, rebellious and tumultuous manner b°yVrce^'^ 
made intrusions upon the towne of Westerly, in this his 
Majesties Collony of Rhode Island and Providence Plan- 
tations, &c., and have knocked down, carried away, and 
vnder pretence of authority derived from his Majestic, 
have imprisoned and sentenced severall persons of the 
towne, to the great affrightinge and disquietinge of the 
rest ; and whereas, upon notice given unto the Governor 
and government of the said Connecticut Collony, instead 
of bringinge the said offenders, or at least the ringleaders 



440 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. of such riotous and rebellious practices to receive suitable 
'-^'^'''"■"^recompence for such heighnous offences by them commit- 
ted against our Soveraigne Lord the King, and his loyall 
subjects of that place, or to deliver them up to this juris- 
diction, where the oifence was committed, in order to re- 
ceive by their hand condigne punishment for the same, 
have countenanced and incouraged the aforesaid offenders, 
aleadginge that they had pattent right to exercise juris- 
diction over those parts, and over all the Narragansett 
country beside ; which yett are soe plainly exprest in his 
Majesties gracious grant given unto us. 

And whereas, the preceding Generall Assembly of this 
Collony (in order to prevent the effusion of blood upon 
that account, together with the reproach and dishonor 
that may thereby arise and come unto his Majesties au- 
thority which he hath been pleased graciously to invest 
this his Majesties Collony with), as peaceable minded 
neighbours to Connecticut Collony, and as loyall subjects 
unto his Majestic, have often moved them for a friendly 
treaty touching the premises, in order to attend such a 
right understanding of his Majesties mind therein ex- 
prest in his gracious grant bestowed upon us as may be 
for our mutuall satisfaction and consent, so as to prevent 
givinge of his Majestic, ourselves and our friends, any 
further trouble touchinge the same ; and when that essay 
failed, and would not by them be attended unto, did fur- 
ther make unto them such fair tenders for peace with 
respect to propriety, and alsoe jurisdiction, as appealing 
to his Majestic for his decision therein, which we are per- 
suaded noe good Christian, peacable minded man or loyall 
subject that is not extremely byassed with selfe con- 
cearnes upon a private account can turn aside from and 
notwithstandinge all these attempts cannot prevaile with 
them for a friendly compliance with us therein, but on the 
contrary have receive from them as their last result fixt reso- 
lution to force their way ; which alsoe forceth us to prose- 



AND PROVIDENCE PLANTATIONS. 441 

cute our appeale to the utmost before his Majestie for his ]672. 
royall result, and determination therein ; in which we ^-*'^--^*-' 
shall cheerfully acc^uiesce, as loyall subjects ought to 
doe ; and yett since we cannot but take ourselves oblidged 
both by nature and grace in the meane time vigorously to 
assert his Majesties soveraignty over the whole country, 
and to assert and put forth the authority and trust by him 
committed to us over these parts. 

Wherefore, be it enacted by this present Assembly and ^^°'^''°^^^_ 
the authority thereof, that in case any of the men of Ston- """'"^ ™^" 
ington aforesaid, or any other belonging to that jurisdic- 
tion, after the peaceable tenders that have been made, as 
is abovesaid, shall be found plotting, contrivinge or actinge 
in such riotous, rebellious proceedings and practices for 
the time to come, whereby his Majesties authority con- 
ferred on this Collony is invaded, and the lives and estates 
of his leage people hazarded. That then all right and 
title pretended to either in land, houses, goods, or chat- 
tels, Avithin this Collony, by such plotters, contrivers, or 
riotous actors, their aiders and abettors, as to them, their 
heirs and assigns, shall be deemed voyd and null as for- 
feited to his Majestie ; and shall be forthwith seized upon 
according to his royall grant to us, for the use of the Col- 
lony ; and alsoe the persons of such plotters, contrivers 
and riotous actors, their aiders and abettors when they can 
be apprehended and seized, being found within this Col- 
lony, shall receive such condign punishments otherwise for 
their said offences as his Majesties laws have provided in 
such like cases. 

And be it further enacted by this present Assembly, 
that in case any of the inhabitants of the towne of Wes- 
terly, who are expressly within the bounds of this Collony, 
and have solemnly engaged submission unto the authority 
which his Majestie hath been pleased to invest us with 
over those parts, shall at any time hereafter putt his lands 
or any parts thereof that are on the east side of Pawca- 
tuck, alias Narragansett river, and the line drawne from 



442 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. thence as is exprest in our Charter, under the gouernment 
^-^^<''"^-' of Connecticut or any other jurisdiction ; or shall endea- 
vor actually to bring in the aforesaid government or any 
other foreigne power, to exercise authority over those 
parts, or any other part of the Collony, or yield obedience 
thereunto, he and they and every of them shall incur the 
pennalty for either the aforesaid offences that the law 
made in 1658, hath provided, which is to forfitt all his or 
their land and estate to the Collony. 

And it is further enacted, that what damage any person 
in the towne of Westerly or any others in this Collony, 
shall sustaine (by reason of their adhearinge to the gov- 
ernment established in this Collony), in their persons or 
estates, their damage shall be made good and repaired 
out of the estates of those that are the occasioners there- 
of or actors therein. 

Voted, that some persons be empowered by this Assem- 
Sted'to ^^y ^^ b^^ o^'^i' ^^ Narragansett, and to take a view of 
Tiew^piaces ^^^^^ placcs thcro and thereabouts, that are fitt for planta- 
tions, and make inquirie of English and Indians, who are 
the owners of, or who laie claime to such lands, and 
signify unto them that the Collony doth intend such lands 
shall be improved by peoplinge the same ; and that the 
persons doe make returne of what they doe therein to the 
next Generall Assembly. 

The persons chosen, are for Newport, Lt. Joseph Tor- 
rey ; for Providence, Mr, Ephraim Carpenter ; for Ports- 
mouth, Mr. Thomas Cornell ; for Warwicke, Mr. Samuell 
Gorton, Jun'r. 

And it is ordered, that the said persons shall be paid 
for their service therein by the Generall Treasurer. 

It is further ordered, that they signify unto English and 
Indians who are owners or lay claime to such lands, that 
they doe repair to the Generall Assembly, to be held the 
1st day of May next, to treat with them, and they shall 
have such reasonable, just sattisfaction as may be judged 
suitable for the said lands. 



townes. 



AND PROVIDENCE PLANTATIONS. iAi 

And this Assembly doe give power to the said persons 1672. 
to press boate and horses for their conveniency in that ^>-'''->'''*- 
affaire. 

ffor the encouragement and ingadging the Magistrates 
and Deputies to attend Gcnerall Assemblyes, and the 
Magistrates to attend Generall Courts of Tryalls, voted 
and enacted by this present Assembly, that the Magis- 
trates allowance for attendinge the Generall Assemblys 
and Courts of Tryalls, shall be as followeth, viz. : 

To the Governor, six shillings currant pay for each and 
every dales attendance. 

To the Deputy Governor, ffive shillina;s ; and to eachTh(■Goy'l■ 
other Magistrate, fower shillings for each and every dales '''a^tes wage 
attendance. And in default, they shall pay the fine 
double to their sallaries or allowance, viz. : the Governor 
twelve shillings ; the Deputy Governor tenn shillings ; 
and each of the other Magistrates eight shillings for each 
day of their not attendinge these his Majesties and the 
Collonys publick services aforesaid ; and this beside the 
pennalty of five pounds appointed by law to be levied on 
each Magistrate, for absence ; by which the Generall As- 
sembly is disabled from sittinge and beinge. AUwaies 
provided, that if a Magistrate shall send or present a rea- 
son for his absence, which the Generall Court shall judge 
suffitient, he shall then be dispenced with accordinge to 
the discretion of the said Generall Court or Assembly. 

The respective Deputies allowance shall be three shil- The Depu- 

, ties wages. 

lings for each daies attendance ; and for non-attendance, 
shall be lyable to pay six shillings for each day respec- 
tively, except when a Deputy shall send and present a 
reason, judged to be suffitient by the Generall Assembly. 

In order to the premises, the Recorder or Gierke of the 
Assembly and Courts, shall carefully observe and note 
downe the attendance and non-attendance of each Magis- 
trate, the Deputy, &c. And at the end of such Assembly 
or Court, shall draw and sum up the bill for each respec- 
tive towne or place, containinge the allowances or fines 



Recorde 
fee3. 



444 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. relatinge to the Magistrates or Deputies thereof. And 
'-*'~^'''*^ himselfe haveinge signed them, he shall within two 
daies of the dissolvinge of such Courts, &c., present them 
to the Governor, or in his absence, to the Deputy Gov- 
ernor, to signe them ; which being signed, shall be warrant 
sufiitient to the Generall Treasurer to pay the severall re- 
spective allowances, aforesaid ; and to give warrant to the 
Generall Serjeant to distraine for the said pennalties, in 
case the Generall Treasurer receives them not, or be not 
satisfied within a month after the dissolution of the said 
Generall Court or Assembly. These bills, the Gierke or 
Eecorder shall enter on record and deliver, or cause to be 
delivered the said bills to the Generall Treasurer within 
two days after the Assemblys or Courts dissolution, to pro- 
ceed therein, as abovesaid. 

ffor the encouraginge and prevoakinge the Gierke or 
Recorder to performe carefully the service, hee shall bee 
paid by the Generall Treasurer one shilling, six pence, for 
each towne or place bills (containinge all the Magistrates 
of that towne or place inclusively, in the one bill), as 
aforesaid ; and for his failing to draw up and present to 
the Governor, &c., hee shall be himself lyable to pay all 
the said allowances and fines himselfe, and to be distrained 
on himselfe by warrant froni the Governor, or Deputy 
Governor, in his absence, &c. 

The Generall Serjeant shall demand, and beinge neces- 
sitated to distraine for the fines abovesaid, he shall not 
only receive his five shillings per pound allowed by law, 
but shall allsoe bee impowered to distraine for his three 
pence a mile out and home for his travill. And it is or- 
dered, that he shall cleere accounts with the Generall 
Treasurer from Court to Court ; that is the two stated 
Courts appointed by his Majesties gracious Charter to us, 
viz., in the third month (May), and the eighth month (Oc- 
tober). And in case of the Generall Serjeants defiiult, and 
not bringinge in and accountinge for these fines with the 
Generall Treasurer, as aforesaid, hee shall bee lyable to 



AND PROVIDENCE PLANTATIONS. 445 

pay the said fines himselfe, and shall be distrained on by 1672. 
warrant from the Governor or Deputy e Governor, as afore- ^"-"""v^^' 
said, directed to any person or persons to whom they shall 
direct it. 

ffor the keepinge of the Magistrates and Deputies in ^^^^ij^"^'"'^'''" 
love together, for the ripeninge of their consultations, and " jinll"^^'^ 
husbandinge of their time, the Generall Treasurer shall 
give order and pay for a convenient dinner for the Magis- 
trates and Deputies in Generall Assemblies ; and for the 
abovesaid ends, in the Courts of Tryalls for the IMagistrates, 
every of the respective dales of their sittinge or sessions. 

Voted, that a Committee be chosen and impov^'Cred inp"m™i"ee 

' -t^ to draw vp 

this Collonys behalfe, to draw up letters of gratitude v n to m r. ""Richard 
Mr. Richard Deane and others, in England, and make re-oth^s.'''" 
turne of what they draw, unto the Assembly in May next. 

The persons chosen, are our Honored Governor Arnold, 
Capt'n John Cranston, and Mr, Richard Baily. 

Voted, that the Deputye Governor, Mr. John Clarkes m^ J^i^n 

y~ J ' Clarkes ac- 

accounts haveinge been auditted in this Assembly, as iSaudmed. 
exprest in his accounts given to this Assembly, this As- 
sembly have owned them. And it was by an unanimous 
vote, in a full Assembly, none dissenting. And the 
Deputy Governor in the Assembly owned and declared 
his assent thereto. 

Voted, [that the following document] be placed to record. 

The, Recorder's Petition concearning Thos. Harte. 
To the Honored the Moderator and Generall Assembly of 

his Majesties Collony of Rhode Island and Providence 

Plantations, began and held at Newport, the second 

day of Aprill, 1672. 

John Sanford, Recorder of the said Collony, doth hum- 
bly present : that for as much as there was an action com- 
menced by Mr. Thomas Harte, late deceased (which had 
its progress in the Courts of Tryalls in this Collony), 
against one Marke Ridley, defendant, who was noe free 
inhabitant of this Collony ; whereupon to the Generall 



446 RECORDS OF THE COLONY OP RHODE ISLAND, 

1672. Sarjeant, the said Ridley procured Capt'n John Greene to 
^■'^'^^'-'*^ be his security, or bondsman. And now whereas, both 
verdict of jury and judgment of Court hatli passed for the 
said Tho. Harte, pLiintiff, against the said Ridley, defend- 
ant. Yett soe it is, that the said Ridley not beinge to be 
found, nor any certain or knowne estate of his in this Col- 
lony, whereby execution may take its full effect, accord- 
inge to the true intent of justice, to make restitution for 
what is therein found due ; and the plaintiffs successors 
haveinge earnestly prest your petitioner for the grantinge 
forth execution upon the estate of the said Ridleys bonds- 
men, by whose meanes the present plaintiffs pretend they 
are thus surprised and kept from their just due. And for 
want of a cleere law in such case to justify the Recorders 
acting therein, as desired ; doth make bould and humbly 
craves the advice of this Assembly in the premises ; and 
if noe way in such cases be already provided, that there 
may a way by this Assembly be provided for the future 
in cases of that nature, that soe justice and judgment may 
not be hindered from those who legally call for it, and ac- 
cordingly in the Court of Tryalls procure it. 

Voted, the Assembly haveinge perused the presentation 
The Courts of the Rccordcr, for their advice in the above written, and 

answer to 

said petition i^a^vg^ige vlcwcd thc origiuall bond of Capt. Greenes to 
the Serjeant ; and alsoe his bond to the Recorder for re- 
heareinge. The Assembly doe judge it just, and declare 
that it is consonant to law, and doe advise the Recorder 
that if neither Marke Ridley nor his estate can in this 
Collony be found, that then execution be given forth by 
the Recorder against the estate of the bondsman of the 
said Ridley. 

Voted, this Assembly doe order, that the acts of this 
Assembly for reviseinge the orders of the Assembly in 
September last, for raising moneys in the Collony for the 
supply of our Agent, Mr. John Clarke, the act of this As- 
sembly against such as oppose the acts of the Generall 
Assemblys, the act of this Assembly concerninge those 



AND PROVIDENCE PLANTATIONS. 447 

that intrude upon this Collony, and the act of this As- 1672. 
sembly for procuringe lands for the Collonys use for plan- '>-*'---*^ 
tations, be forthwith sent forth by the Recorder under the 
scale of the Collony, unto the townes of Providence and 
Warwick ; and to the places between Warwick and Pet- 
tacomscut ; Pettacomscut and Block Island ; and shall 
have tenn shillings from each towne and place for each 
copie. 

Voted, that Mr. Thomas Olney, Jun'r, havinge formerly 
lent unto the Collony the sum of forty shillings, currant 
pay, it is ordered, that the said forty shillings shall be 
paid him by the Generall Treasurer. 

Voted, whereas Mr. John Whipple, Jun'r, was fined the 
sum of twenty shillings, for not attending as a juryman, 
he being att that time Towne Clerke of Providence, the 
Court doe see cause to remitt the fine. 

Voted, that the Clerke of this Assembly shall have 
thirty shillings from each towne for copies of this and the 
orders of the Assembly in October last, with the seal of 
the Collony affixt. 

At a meeting of the Governor and Council^ at Neioport, 

April 3, 1672. 

Leonard Smith, Constable of Providence, by vertue of 
a warrant from the Governor, dated the 16th of March 
last, brought Mr. Thomas ffield and Nich. Power before 
the Councill vpon the complaint of Capt'n John Greene, 
Assistant, which being made known to them, Nicholas 
Power delivered in his testimony, and Mr. Thomas fiield 
the copie of his ; and being demanded whither Mr. Wm. 
Carpenter and Mr. Benjamin Smith, at the time these 
words were spoken, or not, Mr. ffield said Mr. Smith was 
present, and soe said Mr. Nich. Power. Mr. Green re- 
lateing that Mr. William Harris said vnto him when hee 
was vpon his examination, "Your worship is wise." Nich. 
Power said hee did not know whither hee soe said or noe ; 



448 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. and the testimonies of Mr. William Carpenter and Mr. 

^-<'~^'-^«^' Benjamin Smith being read, wherein the matter was con- 
tained, and the reasons thereof. And the said Nicholas 
Power and Thomas ffield being by the Governour de- 
manded wdiither or noe they heard the said discourse 
would not answear positiuely thereto, only said that what 
they had giuen in, was the whole truth as to that matter. 

April ith, 1672. 

Thomas fi&eld and Nicholas Power being againe brought 
before the Councill, after some papers by them presented, 
itt was demanded whither or noe they would engage by 
recognizance for their appearance at the next Generall 
Court of Tryalls ; which they being willing to, entered 
into the recognizances vnder written. 

Thomas ffield did acknowledge himselfe indebted to our 
Soveraigne Lord the King, in the true and just sum of 
fourty pounds. 

The condition of this recognizance is such, that if the 
aboue bound Thomas ffield shall make his appearance att 
the next Generall Court of Trialls, to bee held for the Col- 
lony att Newport, in May next, to answear such indict- 
ment or indictments as shall bee preferred against him, on 
his Majesties behalfe, for misbehaviour and contempt ; 
and in the meane time shall bee of good behaviour towards 
all his Majesties subjects, then this recognizance to bee 
void, or else to remain in force. 

Nicholas Power did acknowledge himselfe vnto our 
Soveraigne Lord the King, in the true and just sum of 
fourty pounds. 

The condition of this recognizance is such, that if the 
abouebound Nich. Power shall make his appearance att 
the next Generall Court of Tryalls, to bee held for the 
Collony att Newport, in May next, to answear such in- 
dictment or indictments as shall bee preferred against him 
on his Majesties behalfe, for misbehaviour and contempt ; 



AND PROVIDENCE PLANTATIONS. 

and in the meane time shall bee of good behaviour towards 
all his Majesties subjects, then this recognizance to bee 
voide, or else to remaine in force. 

The Acts, Orders and proceedings of this yeare, from 
May, 1671 to the 1st day of May, 1G72, and placed to 
record, as aboue. Per RICHARD BAILY, Sec'ry. 




Proceedings of the Gemrall Assembly held for the Collony 
of Rhode Island and Providence Plantations at Newport^ 
the oOth of April, 1672. 

Mr. Benedict Arnold, Governor. 
Mr. John Clarke, Deputy e Governor. 



ASSISTANTS. 



Capt. John Cranston, 
Mr. John Coggeshall, 
Mr. James Barker, 
Mr. William Carpenter, 
Mr. Thomas Harris, 



Mr. Roger Williams, 
Mr. William Baulston, 
Left. John Albro, 
Capt. John Greene. 
Mr. Benjamin Smith. 





DEPUTIES. 




For Newport. 


Mr. 


William Hall, 


Mr. Walter Clarke, 


Mr. 


Edward Fisher, 


Mr. Henry Bull, 


Mr. 


Anthony Emry. 


Mr. John Gould, 




For Warwicke. 


Mr. Peter Easton, 


Mr. 


John AVeekes, 


Mr. Edward Thurston, 


Mr. 


Richard Carder, 


Mr. Weston Clarke. 


Mr. 


James Greene, 


For Providence. 


Mr. 


Edmund Calverlye 


Capt. Arthur Fenner, 




For Westerly. 


Mr. Thomas Arnold, 


Mr. 


Tobias Saunders, 


Mr. Edward Enman, 


Mr. 


Stephen Wilcocks. 


Mr. Thomas Hopkins. 






For Portsmouth. 






Mr. William Wodell, 






VOL. II. 


29 





450 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. Capt. John Cranston, chosen Moderator. 
"-^"^^*^ John SanforJ chosen Clerk. 

Voted, that the papers presented to this Assembly for 
the admittinge of freemen bee read. 

Voted, that Thomas Arnold, Jun'r, William Hopkins, 
Walter Rhodes, Richard Evernden, William Haukins, 
Daniell Abbott and James Dexter, all of Providence, are 
admitted freemen of this Collony. 

Voted, that William Maire, William Clarke, Thomas 
Jennings, Jun'r, AVilliam Brigs, ffrancis Brayton, Jun'r, 
David Lake, MathewBordin, Isaac Lawton, John Cogges- 
hall, Jun'r, John Anthony, Jun'r, Joseph Anthony, 
Abraham Anthony, Samson Shearman and William Hall, 
Jun'r, all of Portsmouth, are admitted ffreemen of this 
Collony. 

Voted, that John Carder, Benjamin Gorton, John 
Knowles, Moses Lippitt, Jeremiah Westcott, Thomas 
Hedger and Thomas Budlong, all of Warwick, are admit- 
ted ffreemen of this Collony. 

Voted, that Mr. John Weecks and Mr. Richard Carder, 
haveinge presented such lawfuU excuse for their absence, 
and not attendinge, the Court doe except their excuse, 
and conceive it lawfull. 

Voted, this Assembly is dissolved. 

At the Gcmrall Assemhly and Election, held at Newport, 
the ffirst Wednesday, heinge the \st of May, 1G71. 

Capt. John Cranston, chosen Moderator. 

John Sanford, chosen Clerke of the Assembly. 

Voted, that fewer men be chosen to view and observe 
the votes for the election. 

For Newport, Mr. John Coggeshall ; for Providence, 
Mr. Thomas Harris ; for Portsmouth, Mr. John Albro ; 
for Warwick, Capt. John Greene. 

By the Election was elected : 

Mr. William Brenton, Governor, who refuseinge, was 



AND PROVIDENCE PLANTATIONS. 451 

by the Assembly chosen Mr. Nicholas Easton, Governor, 1672. 
engaged. v-^-^-^-/ 

Capt'n John Cranston, Deputye Governor, engaged. 

Mr. Richard Smith, Assistant, engaged. 

Mr. John Coggeshall, Assistant, who refusinge, was 
chosen Mr. James Barker ; and he alsoe refusinge, was 
elected Mr. fFrancis Brinley, Assistant, and engaged. 

Mr. John Easton, engaged. 

Capt'n Arthur ffenner. Assistant, engaged. 

Mr. Thomas Harris, Assistant, engaged. 

Mr. Henry Browme, Assistant, engaged. 

Mr. WiUiam Baulston, Assistant, engaged. 

Mr. Joshua Coggeshall, Assistant, engaged. 

Capt. John Greene, Assistant, engaged. 

Mr. Benjamin Smith, Assistant, engaged. 

John Sanford, Generall Recorder, engaged. 

James Rogers, Generall Sergant, engaged. 

Mr. Peter Easton, Generall Treasurer, engaged. 

Mr. John Easton, Generall Attorney, engaged. 

Mr. Edward Richmond, Generall Solicitor, engaged. 

Voted, that Samuell Winsor, Abraham Man, Thomas 
Hopkins, Jun'r, Nathaniell Moorie, John Steere, John 
Moorie, John Enman, Jeremiah Rhoades, and John Beloo, 
all of Providence, are admitted ffreemen of this Collony. 

Voted, John Tyler, of the towne of Portsmouth, is ad- 
mitted a ffreeman of the Collony. 

Voted, it is ordered, that Mr. Joshua Coggeshall, Mr. 
Edmund Calverly, and John Sanford, being members of 
this present Assembly, are desired and impowered to goe 
to the late Governor, Benedict Arnold, and require and 
receive from him his Majesties Charter unto this Collony, 
and all other writeings in his custody, that belong unto 
the Collony, and to give the said late Governor in the 
behalfe of the Assembly a full discharge for what they re- 
ceive, and returne the same to this present Assembly. 

Voted, to be placed to record, the returnes of the Com- 



452 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. mittee sent to Mr. Benedict Arnold, the late Governour, 
>-''~v-**-' to receive the Charter and such other writeings in his 
hands belonginge to the Collony. Their returne is that 
according to the Assemblys order, they addressed them- 
selves, and made demand. The late Governors answer 
was, that he thought it not safe to deliver the Charter, 
&c., out of his hands till another Governor was engaged. 

Voted, whereas, James Rogers was by the free vote of 
the freemen of this Collony chosen to the place and office 
of Generall Serjeant ; this Assembly doe declare their ap- 
probation of the said Serjeant in said office, any act or 
order in this Collony to the contrary notwilhstandinge. 

Voted, this Assembly is adjourned untill the 14th day 
of this instant May ; then to sitt and meet at Newport at 
the house of Capt'n Morris. 

May the Uth, 1672. 
Vpon the re-meetinge of the Assembly, May the 14th, 
1672. 

Voted, that a letter sent to this Assembly from Mr. 
Brenton, be opened, and read. 
Mr. Bren- Whcrcas, thls Assembly have twice by two messengers 
all of being gent to Tauntou, to Mr. William Brenton, to accept and 

Governor. ' •*- 

give his engagement to the place of Governor, to which 
he was elected ; and by the severall messengers the said 
Mr. Brenton haveinge denyed his acceptance thereof, and 
alsoe by a letter under his hand, dated the 11th instant, 
directed to this Assembly, wherein he is pleased to hint 
many reasons for his not acceptinge the said place of 
Governor, he was elected unto. This Assembly doe 
thereupon conclude that he doth absolutely refuse to ac- 
cept the place and office of Governor in this Collony. 
Therefore, this Assembly doe vote that they forthwith 
proceed to the election of another. 

Mr. Nich. Easton, Sen'r, chosen Gov'r, and engaged. 

Voted, that Mr. Joshua Coggeshall and Mr. Henry 
Browne, Assistants, Mr. Edmund Calverly and John 




AND PROVIDENCE PLANTATIONS. 

Sanford, are desired and authorised to goe to the late 
Governor, Mr. Benedict Arnold, and demand and receive 
from him his Majesties gracious Charter to this Collony, 
and all other writings in his custody, which belong to this 
Collony ; and in the Collonys behalfe to give the said Mr. 
Arnold a fall discharge for what they receive. The coppie 
of the discharofe is, viz. : 



Received, by order of the Generall Assembly within Receipt of 

^ J •'the Charter, 

mentioned, from Mr. Benedict Arnold, late Governor of «^c> given. 
his Majesties gracious Charter in the box it came in ; 
a letter from his Majestic, dated the 23d of Aprill, 1664 ; 
the agreement in parchment between Mr. John Clarke 
and Mr. John Winthrop, in England, dated the 7th of 
Aprill, 1663 ; a coppy of reprisalls, dated the 27th of 
ffebruary, 1664; the determination of his Majesties Com- 
missioners betweene the Collony of Plymouth and this 
Collony, bearinge date the 7th and 11th of Aprill, two 
papers under the hands and scales of the King's Commis- 
sioners concerninge the Narragansett country or Kings 
Province, the one bearinge date the 20th of March, 1664 ; 
the other bearinge date the 8th of Aprill, 1665 ; the 
parchments and papers not defaced, and the sealls noe 
ways broken. The above-written wee have received, with 
a promise that if any others doe appeere which are ne- 
cessary to the Collonys use, and not now at hand, upon 
demand and occasion shall be delivered. Wittness our 
hands, the 14th of May, 1672. 

HENRY BROWNE, 
JOSHUA COGGESHALL, 
JOHN SANFORD, 
EDMUND CALVERLY. 



Voted, that the above written receipt given to the late order for 
Governor, be recorded amongst the acts of this Assembly, 
and the said persons, according to their trust, haveinge 



recordinge 
the foresaid 
receipt. 



454 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. delivered to this Assembly all the particulars therein men- 
'-*'^''"*-' tioned, are acquitted and discharged thereof. 

Voted, that the Charter and those other writtings 
received from the late Governor, are committed to the 
keepinge and custody of the present Governor, and he 
accepts the same, and hath in this Assembly received 
them. 

Voted, that the Charter be openly read ; which was 
accordingly done. 

Voted, that the differences betweene this Collony and 
the Collony of Connecticut, be first debated. 

Voted, that accordinge to the King's Commissioners 
orders, bearinge date at Warwicke, Aprill 8th, 1665, for 
the peace and safety of the King's Province, we think 
best that some men of this Collony be immediatly chose 
and commissionated with full power to meet with any 
commissionated from the Collony of Connecticut, and then 
and therewith them to heare, debate, agitate, determine, 
and putt a fynall issue and end to all differences betweene 
this Collony and the Collony of Connecticut, in reference 
to the premises, untill the King's pleasure bee further 
knowne. 

The Commissioners chosen, appointed and authorized, 
are Mr. Richard Smith, Mr. Francis Brinley and Mr. John 
Easton, Assistants ; John Sanford, Recorder, Mr. Roger 
Williams, Capt. Randall Holden, and Mr. Jireh Bull. 

Voted, wee the Generall Assembly of his Majesties 
commis- Collony of Rhode Island and Providence Plantations now 

Sioners to 

connerticu ^ssembled, according to an act passed and voted by the 
^one'^s!" assembly for impowering Commissioners to treate with 
any commissionated and impowered from the Collony of 
Connecticut, for the debateinge, and endinge of all differ- 
ences betweene the two Collonys abovesaid, doe by these 
presents commission and fully impower you, our friends, 
Mr. Richard Smith, Mr. Francis Brinley, JVIr. John 
Easton, Assistants ; John Sanford, Recorder, Mr. Roger 



AND PROVIDENCE PLANTATIONS. 



465 



Williams, Capt. Randall Holden, and Mr. Jireh Bull, to re- 1672. 
paire yourselves to such place and places, and at such times '-*'~^'''"*^ 
as shall be appointed, and to meet with the Commissioners 
impowered from the Collony of Connecticut, and then and 
there to heare, debate, agitate, determine, and soo far 
as you can agree, to put a fynall end and issue of all differ- 
ences betweene the two Collonys abovesaid, researveinge the 
King's pleasure, when it shall bee further knowne ; and 
whatsoever you, our said Commissioners, or any four or 
more of you, beinge under your hands and scales, shall 
think best to doe and act for the peace and safety of this 
Collony, or more particularly of the King's Province, in 
reference to the premises as abovesaid, shall bee as au- 
thenticke to all intents and purposes, as if done by the 
whole Assembly. 

Given and signed, by order of his Majesties Collony of 
Rhode Island and Providence Plantations, &c., at their 
Assembly, began the 1st of May, and by adjourn- 
ment sittinge the 14tli of May, 1672, with the scale 
of the Collony, affixt. 

JOHN SANFORD, Recorder. 

Voted, that Mr. John Clarke is chosen and desired to 
be a person commissionated with others, to treate with 
Connecticut gentlemen, concearninge the differences be- 
tweene us, and hee beinge sent to, and refuseinge, the 
fore named persons were impowered. 

The Governor and Deputie Governor, Mr. John Gould ^™^"' 
and Mr. Walter Clarke, are hereby authorized and im- •"^''•'^'="<'°' 
powered in the behalfe of this Collony, and by their 
authority to draw up instructions for our Commissioners 
by this Assembly appointed to treate with Connecticut 
Commissioners, which instructions are by them to be duly 
observed ; and any others to this Assembly have liberty to 
advise with them herein. 

Voted, Iforasmuch as severall acts and orders were 
made in the Generall Assembly in Aprill last, some whereof 




456 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. seeminge to the infringeinge of the libertyes of the people 
of this Collony, and settinge up an arbitrary power, which 
is contrary to the lawes of England, and the fundamental! 
lawes of this Collony from the veiy first setling thereof, 
others seeminge much to the prejudice of the Collony and 
impoverishinge the people thereof, to the great disturbance 
and distraction of the good and well-minded people there- 
of, who have many of them been sufferers in a great 
measure already, and like more to undergoe if not timely 
prevented. This Assembly takeinge into searious consid- 
eration and maturely weighinge the consequences thereof, 
doe enact and hereby is enacted, that the Act made for 
punishinge by whippinge, fine, imprisonment, &c., for 
rejecting and slightinge the Acts and Orders, thereof, 
&c., as is there fully expressed, is hereby repealed, and 
made null and voyd ; any former Act or Order to the 
contrary, notwithstandinge. 

Voted, and bee it further enacted, that the act for the 
sendinge Mr. John Clarke, the Collony s Agent, for Eng- 
land, and the act for gathering of money thereon, is 
hereby repealed as not suitable for the present affaires 
of this Collony, wherein the Collony is in a hopefull way 
to compose the differences betweene the two Collonys in 
a loveinge and peaceable manner, without such expence 
and cost to the Collony, as the sending an Agent for 
England will occasion. And to that end doe order, that 
the letters that were drawne up to be sent to Connecticut 
and the other Collonys, be wholly suspended and not sent. 

Voted, and be it ffurther enacted, and by this Assembly 
it is enacted, that noe officer or officers in this jurisdiction 
shall demand or receive more wages for the time of his or 
their beinge or sittinge in Court, or attendance thereon, 
than the antient ffundamentall lawes of this Collony for- 
merly have made due provision for ; and that the acts in 
the Assembly in Aprill last, for the inhaunceing of wages 
to the officers of this Collony, either one or other is 
hereby null and voyd. 



AND PROVIDENCE PLANTATIONS. 457 

Voted, and whereas power was given unto Lieut. Jo- 1672. 
seph Torrey, Ephraim Carpenter, Thomas Cornell and ^-*^v-^-^ 
Samuell Gorton, to goe into the Narragansett country, 
and take a view of such places as are fitt for plantations, 
and make returne thereof to the next Generall Assembly, 
&c., as is there expressed, this Assembly judginge a very 
uneqnall act that any should be forced to dispose of their 
lands without their consent, doe repeale the said act, and 
make it null and voyd. 

Voted, and whereas some acts passed in refferance to 
Stonington and Westerly men, &c., relateinge to fforfitures 
there mentioned, &c., as is largely exprest in the said act 
made in Aprill last, it is hereby enacted, that the said act 
is made voyd and null ; and that the law of England shall 
take place therein, or any fformer law of this Collony ; 
and persons transgressinge therein, shall suffer accordinge 
to their demeritts as the laws have prescribed. 

Voted, and forasmuch as Mr. John Clarke's accounts Mr. John 

' Clarke. 

have been allready auditted, and approved, this Assembly 
sees cause to desire that there may be a further debate 
with him about it, for better sattisfaction. 

Voted, and whereas there is a complaint made by Capt. 
Arthur Fenner, that notwithstandinge the ffree and lawfull 
choyce of Deputies was made in the towne of Providence, 
by the Assembly in Aprill last, yett were not admitted to 
sitt accordingely, but the second choyce tooke place ; this 
Assembly takeinge into consideration the proceedings and 
consequences thereof, doe for the future forbid such prac- 
tices, as beinge innovations in the government, and con- 
trary to law and equity. 

Voted, that the Governor, Deputy Governor, and thePo^erto 

. ^ i. J ' open 

Assistants, or soe many of them as may conveniently '^.'^.^^l^^tj^^ 
convene together, are by this Assembly authorized to open^°"°"^' 
any and all such letters as in the time of the adjournment 
shall be directed to this Collony, and if they see cause, 
make answer thereto ; and are to signify what they doe 
herein, to this Assembly, at their next sittinge. 



458 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. Voted, whereas there aj^pears due to Nicholas Power 
'-*^'-"*^ and Thomas Hopkins, Jun'r, both of Providence, the 
sum of ten shillings a peece for their service in appre- 
hending an Indian, this Assembly doe order, that they 
shall bee paid the s.aid sum by the Generall Treasurer. 

Voted, that the acts of this Assembly shall bee sent 
forth to the four townes, viz. : Newport, Providence, 
Portsmouth, and Warwicke, by the Recorder, under the 
seale of the Collony, if it may be, within fourteen dayes 
after this instant ; beinge the 16th of May, 1672. 

Letter from Rhode Island to Co?i?iecticiit. 

Honored Gentlemen : The late sufferings of his Majes- 
ties subjects at Westerly by some of yours, have been rep- 
resented to us, and hath occasioned us to endeavor the 
prossicution of our appeale to his Majcstie. Butt never- 
theless, our hearty desire being rather, that if it be 
possible complaints may be stopt, and an amicable way 
found out to issue the matter loveingly here ; therefore, 
wee being convened, are resolved to advise and consult to 
finde out a way for the effecting thereof, and you may 
expect to heare farther of it. And therefore least the 
breach should in the meane time be made wider, wee pro- 
pose that you would require your people to forbeare to 
molest the men of Westerly, which if attended to, will 
make us the readier to propose some faire way of compos- 
ure or be ready to hearken unto any faire motion made by 
you : our very vrgent weighty affiiires doth at present de- 
terr the full accomplishment of our motion herein. 

Yett, gentlemen, you may assure yourselves that very 
suddainly you may heare further from us, as to the prem- 
ises, which wee hope may effect a loveinge issue of all 
matters in difference betweene yourselves and us. And 
hopeinge to finde a neighbourly comply ance, 

Wee remaine your ffriends and neigh- 
bours, the Generall Assembly of his 
Majesties Collony of Rhode Island 



AND PROVIDENCE PLANTATIONS. 459 

and Providence Plantations, assem- 1672. 

bled at Newport, the 1st day of May, v-^-v-*^ 

1672. Signed per their order, 

JOHN SANFOPtD, 
Gierke of the Assembly. 
Superscribed. 
To the Honored John Winthrop, Esq., Governor of his 
Majesties Collony of Connecticut. Delivered to be 
communicated to the Generall Assembly of that 
Collony.* 

Letter from Rhode Island to Connecticut. 

Gentlemen : Wee seariously and heartily wish your 
welfaire in order to a letter of ours, sent to you by some 
of Westerly men, bearinge date 1st May, 1672, wherein 
wee proposed to you to require your people to forbeare to 
mollest the men of Westerly ; for that our intents were 
very reall suddainly to propose some faire way to compos- 



* Letter from Connecticut to Rhode Island. 

Hartford, May 9th, 1G72. 

Honored Gentlemen : Your loueing lines bearing dateHlie 1st of the moneth, 
we haue received ; which came unexpectedly, when we were not without 
thoughts of moueing towards a farther settlement and asserting of our gou- 
ernmeut in the Narragansett country. Yett seeing yourselues haue intimated 
your hearty desires that an amicable way might be found out to issue our dif- 
ferences here loueingly, with your resolution to consult some way for the ef- 
fecting of the same ; assuring us that we shall suddanely hear farther from 
you, we haue for present suspended our purposes and endeauoured to accom- 
modate your intentions, and shall be ready by a Committee of ours now pre- 
pared to cousult with a like Committee of yours here. The best way to estab- 
lish agreement and issue of all differences between us, and we are dayly waiting 
to hear from you ; and if any obstackle come in the way, to hinder this good 
worke, it will be from yourselues, not from us ; for we shall be ready to com- 
ply so farr as rule and reason requires, and approue ourselues to be. Honored 
Sirs, your assured friends and neighbors, 

The Generall Court of Connecticntt. Signed by their order. 

Per me, J. ALLYN, Sec'ry. 

These for the Honored the Governour of Rhode Island, &c., to be commu- 
nicated to the Honored Generall Court or Councill of that Collony. — 
R. 1. Hist. Soc. Manuscripts, p. 185-6. 



460 



RECORDS OF THE COLONY OF RHODE ISLAND, 



1672. ure of the said differences betweene your Collony and ours 
-*^-^^^ and to send to you about it. In pursuance whereof, wee 
have thought fitt to send those unto you to acquaint you 
that our desires are to give you a meeting at any place 
that may bee convenient for that purpose ; and if you see 
good, wee propose the place to be New London or Mr. 
Smith's house, in Narragansett, or any place betweene 
the places above nominated, if you see good, or any other 
place that you propose and may be convenient for us ; 
and to that end, we have chosen, deputed and fully impow- 
ered these persons hereafter named, to treate with you 
about the premises, and fully to conclude and make a fynall 
end and issue thereof in a loveinge and peaceable way as 
neighbours and ffriends, and not as enemys. The persons 
appointed and commissionated, are Mr. Richard Smith, 
Mr. ffrancis Brinley, Mr. John Easton, Assistants ; John 
Sanford, Recorder ; Mr. Roger Williams, Capt'n Randall 
Howlden, and Mr. Jireh Bull. Wherein wee have noe 
cause to doubt but that a faire complyance and composure 
will bee of these differences though hitherto they have 
been impeded, to the detriment of both the Collonys and 
discreditt to the King's authority, which was granted to 
us both by his r^yall Charters. 

Gentlemen, you may believe us, wee are reall in what 
wee propose unto you ; and have waded through many 
difficulties to attaine to this ; and doe intend with the 
Lord's assistance, at last to make an end of these trouble- 
some affaires with you, unless you hinder the progress 
thereof ; wee will assure you the fault shall not lye in us. 
Wee have not further to propose to you at present ; but 
that if you accept thereof, you will commissionate some to 
meet with our Commissioners fully impowered as ours 
are ; and that you would pitch upon the place, and ap- 
point the time with as much expedition as may be, and 
send us your answer hereto, which wee desire may bee as 
soone as your conveniency will permitt, which now wee 
wait with sanguine expectation to heare from you by the 



AND PROVIDENCE PLANTATIONS. 461 

bearer hereof, Mr. Jireh Bull, or wbome he shall think 1672. 
fitt, whome wee have on purpose sent. ^^*— v-^.-' 

We reraaine your loveinge friends and 
neighbors, the Generall Assembly of 
his Majesties Collony of Rhode Island 
and Providence Plantations, &c., be- 
gan the 1st of May, 1672, and con- 
tinued by adjournments to this 14th 
of May, 1672. Signed per their 
order. JOHN SANFORD, Recorder. 

These to the Honored Governor and Councill of his 
Majesties Collony of Connecticut, deliver. 

Voted, that this Assembly is adjourned untill the 30th 
day of July next, and then to assemble againe in order to 
many weighty affaires dependinge, that at present cannot 
be issued. 

At a meetinge of the Generall Councill held at Newport, the 
17th of June, 1672, Mr. Nicholas Easton, Governor, 
Capt. John Cranston, Deputy Governor, Mr. Richard 
Smith, Mr. Francis Brinley, Mr. John Easton, Mr. 
Joshua Coggeshall and Capt'n John Greene, Assistants, 
beinge present. 

The Recorder is appointed to supply the place of Sec- 
retary to the Councill untill there be one chosen. 

The Councill havinge received and perused the coppies 
of two letters from his Majestic vnto the Massachusetts 
Collony to be communicated to the rest of his Collonys in 
New England, together with his Majesties Declaration of 
Warr against the States Generall of the United Provinces. 
It is ordered, that our Honored Deputy Governor doe 
take care, and he is hereby empowered to cause the said 
Declaration to be forthwith published and proclaimed in 
the towne of Newport. And that Mr. Richard Smith, 
Assistant, shall in this Collonys name and behalfe cause the 
said Declaration to be published and proclaimed at and in 
the Narragansett country. And that Capt. Arthur Fen- 
ner, Assistant, shall cause the said Declaration to be pub- 



462 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. lished and proclaimed in the towne of Providence. And 
^-''"^'"'*^ that Mr. William Baiilston, Assistant, shall cause the said 
Declaration to be published and proclaimed in the towne 
of Portsmouth. And that Capt. John Greene, Assistant, 
shall cause the said Declaration to be published and pro- 
claimed in the towne of Warwicke. 

It is ordered, that the Generall Councill of this CoUony 
doe assemble and convene at Newport, at the house of 
Capt'n Morris, on the 25th of this instant June, and that 
they be called by notice from the Governor. 

June 2bth. 

John Sanford. Generall Recorder, is chosen Secretary 
to the Councill for this ensuinge yeare. 

The Secretary, John Sanford, is ordered and impowered 
to receive from the late Secretary, Mr. Richard Baily, 
such writings in his hands that belong to the Councill, and 
the Councill's seale. 

John Sanford, Secretary, beinge sent to Mr. Benedict 
Arnold, late Governor, and hath from him returned five 
peeces of writinge, and they are by the Councill received, 
and three of them, viz., two letters from his Majestic ; 
the one dated the 23d ofAprill, 1664; the other, the 
10th of Aprill, 1666 ; and the King's Commissioners 
orders concerninge the Narragansett country, beinge 
called the Kings Province, &c., and committed to the 
Governors keepeinge, to be kept with the Charter ; the 
other two beinge a letter from Connecticut, dated the 21iBt 
of July, 1670 ; and a letter from Mr. Robert Carr to 
Thomas Stanton, dated the 13th March, 1665, and com- 
mitted to the Recorder. 

Alsoe the coppies of two letters from his Majestic, sent 
to us from Boston, are committed to the Governor's keepe- 
inge, to be alsoe kept w^ith the Charter. 

It is ordered, that the Secretary doe draw out fower 
copies of his Majesties late letters concerninge Reprisalls 
and Proclamation of Warr against the States Generall of 
the United Provinces ; the copies for the fower townes of 



AND PROVIDENCE PLANTATIONS. 



463 



Newport, Providence, Portsmouth, and Warwick ; and 1672. 
to be paid therefor by the Generall Treasurer. w*-v-* 

Whereas, wee have received speciall order from his 
Majestie for the Proclamation of Warr against the Dutch, 
and the puttinge this Collony into a posture of defence, 
this Councill doe recommend and doe order and empower 
the Magistrates, together with the Captain, Leivtenant, 
and Ensigne of the respective townes, or the major part 
of them, to take care, order and putt the inhabitants of 
each towne into the best posture of defence may be, for 
the maintaininge the King's interest in this Collony ; 
and to that end, to act and order to the best of their dis- 
cretion, untill the Generall Assembly or Councill take 
further order ; and especially to take care for powder, 
shott and ammunition, and to inrpire after and secure 
what may be found in the Collony. 

And it is ordered, that the Secretary doe forth v;ith send 
letters in the name of this Councill unto the Collonys of 
the Massachusetts, Plymouth and Connecticutt, desiringe 
their advice and concurrance for the countrys security. 

It is ordered, that Mr. Richard Smith is empowered to 
take the best course he can, to putt the inhabitants of the 
King's Province in the Narragansett country into a pos- 
ture of defence. 

The Councill, upon the consideration of many weighty 
affliires, doe see cause, and doe adjourne untill the 16th 
day of July next. 

It is ordered, that the Secretary of the Councill shall 
send copies of these and the last Councills acts unto the 
Magistrates of the severall townes, under the scale of the 
Council. 

Letter from Rhode Island to Massachusetts. 

Honored Gentlemen : Wee lately received, vnder cov- 
ert from your Secretary, copies of two letters of his 
Majestie directed to your Collony, to be communicated to 
the other Collonys, with his Majesties Declaration of 
Warr a^'ainst the States General! of the United Prov- 



464 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. inces ; and accordingly, wee have proceeded therein, and 
"-^"•^■^^^ further in pursuance thereof, and in obedience to his Maj- 
esties command, wee have thought fitt, and doe hereby 
recommend unto you, our desires jointly with your selves 
to consider of the condition and state of affaires in generall, 
these appeeringe times of danger, and with what speed 
may be to provide for the safety and defence of the whole, 
&c., as may be judged most requisitt and convenient by 
your selves, and our neighbour Collonys Avith us, to 
whome wee have likewise writt to the same effect. And 
to that end, wee desire you will please to make a returne 
to us by the bearer, Mr. Henry Bull, by way of advice in 
the premises, which wee shall loveingly and freely em- 
brace, and from time to time attend to what may be ad- 
judged necessary and commodious by the whole for the 
publick good and defence thereof. 

In the meane time, wee desire liberty from you to 
transport hither what powder, shott and ammunition wee 
shall see cause to procure in your Collony ; only for 
the defence of this place, and for noe other end or 
intent. For wee are informed of a prohibition of that 
commoditie with yours, not to be transported without 
leave. Thus with our hearty respects, wee subscribe.* 
Your affectionate ffriends and neigh- 
bours. Signed by order of the Gov- 
ernor and Councill of his Majesties 
Collony of Rhode Island and Provi- 
dence Plantations, &c., sittinge the 
25thday of June, 1672. 

JOHN SANFORD, Secretary. 
These, for the Honored Richard Bellingham, Esq., 
Governor of the Collony of the Massachusetts. To 
be also communicated to the rest of the Honored 
Councill of that Collony. 



* Similar letters were written to the Governors of the Colonies of Plymouth 
and Connecticut. 



AND PROVIDENCE PLANTATIONS. 




Proceedings of the Gcnerall Assembly of the Colony of 
Rhode Island and Providence Plantations, held at New- 
port, the mth of October, 1672. 

Mr. Nicholas Easton, Governor. 

Capt'n John Cranston, Deputy Governor. 



ASSISTANTS. 



Mr. Richard Smith, 
Mr. Francis Brinley, 
Mr. John Easton, 
Capt. Arthur Fenner, 
Mr. Thomas Harris, 



Mr. Henry Browne, 
Mr. William Baulston, 
Mr. Joshua Coggeshall, 
Capt. John Greene, 
Mr. Benjamin Smith. 



DEPUTIES. 



For Newport. 
Mr. Walter Clarke, 
Mr. John Gould, 
Mr. Peter Easton, 
Mr. Edward Thurston, 
Mr. Daniel Gould, 
Mr. Henry Bull. 

For Providence. 
Mr. William Harris, 
Mr. Samuel Reape, 
Mr. Pardon Tillino-hast, 



Mr. Thomas Borden. 
For Portsmouth. 
John Sanford, 
Mr. John Tripp, 
Mr. John Anthony, 
Lieut. William Cadman. 

For Warwicke. 
Capt. Randall Howldon,. 
Mr. Thomas Greene, 
Mr. John Potter, 
Mr. Elizeh Collins. 



The Deputy Gov'r chosen Moderator of this Assembly. 

John Sanford, Clerke of the Assembly. 

Voted, that whereas there are many weighty affaires 
relateinge to the publick concernes of this Collony, 
wherein is desired a full assistance and concurrance in. 

VOL II. 30 



466 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. this Court, and there not appeareinge such a number of 
-*^-^*-' Magistrates and Deputys from the townes of ProYidence 
and Warwick, as was hopefully expected, this Court doe 
order, that by boate or otherwise, if windc and weather be 
contrary, a raessinger be sent to signify to the Magistrates 
and Deputies of the said two townes, that the Court doe 
desire their presence and assistance ; and Mr. Peter 
Easton, Generall Treasurer, is impowered and authorized 
• to cause this act to be putt in execution. And it is or- 

dered, that the Clerke of this Assembly shall draw up a 
letter in the name of this Assembly, to signify the Courts 
minde herein. 

Voted, thereupon the Court is adjourned till Wednes- 
day next, the 6th of NoYcmber. 

November &h, 1672. 
At the re -meeting of the Generall Assembly according 
to the aforesaid adjournment, NoYember 6th, 1672. 

Voted, that the petition of the inhabitants of Block 

Island to this Court, for their beinge granted the liberty 

and priviledge of a towneship, shall be first adjitated. 

Voted, fforasmuch as the inhabitants of Block Island, 

The Charter viz. : Mr. Jauics Sands, Mr. Thomas Terry and others, 

of Block Is- ' . 

land named exprcsscd lu thclr paper, haYe presented their request to 
have granted and enacted by this Assembly that they may 
have liberty of a towne and like liberty es (according to 
the Charter) with other townes in this Collony, and their 
reasons showed of their said request of a towneship, &c., 
and the said called Shoreham. 

This Assembly have considered the said petition, and 
weighed their reasons, and senceably see a great necessity 
of the preservation of his Majesties peace more fully than 
as yettis provided for on the said Block Island, with more 
conveniency and ease to the said inhabitants, they liveinge 
remote and being soe farr in the sea, cannot without great 
danger and charge accomplish their peace and safety but 



of Block Is 
land nam( 
New 
Shoreham 



AND PROVIDENCE PLANTATIONS. 467 

as aforesaid ; and alsoe consideringe their numbers and 1672. 
quality as thought fitt by this Assembly, for such betrust ^-i»"^-«w 
and fitt to injoy such liberty. 

Therefore, bee it enacted and by this Assembly is en- 
acted, that the said Mr. James Sands, Mr. Thomas Terry, 
and the rest of the freemen on record expressed in their 
said paper read in this Assembly, shall have, and hereby 
have towneship authority and liberties as followeth for 
the preservation of his Majesties peace. The said ffree- 
men of this his Majesties Collony (inhabitants of the said 
Block Island), shall upon the reception of this act (with 
all convenient speed), assemble them selves together in 
some convenient place on the said Island, and then and 
there shall choose two of the said free men able and well 
qualifyed for the preservation of his Majesties peace ; the 
said two persons to be elected by the major part of such 
freemen as shall assemble at the said time and place. 
And beinge elected (as afore said), the said two persons 
names shall be returned to the Governor and Deputy 
Governor, or either of them (in the absence of the other), 
who shall engage the said two persons elected upon their 
or either of their appearance at Newport, or to be re- 
quired by writt there to appeare, if they appeare not 
without writt, whose engadgement shall be accordinge to 
the tenure of the engadgement of other officers consider- 
inge their offices. 

And that the said elected and engadged persons shall 
be called Wardens ; the first that shall be elected shall be 
called head Warden, and the second elected Deputy 
Warden. Butt for all future Wardens soe elected, shall 
have power as followeth, viz., when a new choyce is made 
of another head Warden, immediately he shall be en- 
gadged by the Deputy Warden, and a new Deputy 
Warden beinge chosen, shall be engagded by the head 
Warden last chosen, by the then election. Soe beinge 
elected and engaged, shall be impowered as followeth, 
viz., shall have authority or either of them shall have 



468 RECORDS OF THE COLONY OF RHODE ISLAKD, 

1672. authority to send forth writts in his Majesties name, 
^-*'"^'"^^ under their hands to require the said freemen to meet 
upon all just occasions, and elect two for Deputys to sitt 
in the law makeinge Assembly of this his Majesties Col- 
lony when by writt required thereto, and Deputys to sitt 
in such Assemblys as are mentioned in the pattent, and 
send them thereto ; though by reason of winde, weather 
and distance by sea, writts should fayle to be sent to them 
to require them. And by writt to require the said free- 
men to meete four times in the yeare for their said towne 
affaires, for the makeinge of such order or bye lawes as 
may be needfull for theire better management of their af- 
faires amonge them selves accordinge to their constitution, 
not opugninge the laws of his Majesties realme of Eng- 
land, his patent, nor the laws of this Collony, agreeable 
thereto ; and that the said Wardens or one of them., re- 
quire the said freemen to meete for the first of the said 
four meeteings as soone as convenient, after they are en- 
gaged to theire said office, from which said meetinge shall 
begin the said yeare. 

And at the said first meeteinge of the said freemen of the 
said Island, the major part of them being met, shall elect a 
Gierke, and shall provide a book or books, as need shall 
require ; and that the said Wardens or either of them, in 
the absence of the other, shall engage the said Gierke to 
the faithfull performance of his office accordinge to the 
tenure thereof; and that the said Gierke record in a 
booke or books of the acts of the freemen in their towne 
affaires, as to lands and bounds thereof, all publications of 
marriages to bee returned to him by the publishers ; all 
marriages, all births, all burialls, all actions to bee there 
commenced, and the progress thereof. 

And to make such returns to the Assembly or Gourt of 
Tryalls of this Gollony, as need shall require, and the law 
injoyne such Glerkes to performe, all and every other 
thinge pertaininge to the office of the Towne Gierke of this 
€ollony, though not herein cxprest. 



AND PROVIDENCE PLANTATIONS. 469 

And that the said freemen (the major part of them 1672. 
met), at the said first Court quarter meetinge shall elect a ^^-v^*-* 
Sergeant for the said freemen to meetings by the aforesaid 
vvritts, and to searve other writts ; who shall bee engaged 
to the faithfull performance of his office, accordinge to the 
tenure thereof, by the said Wardens, or one of them. 

And that the aforesaid freemen (the major part of them 
met), at the said first quarter meetinge, shall elect a Con- 
stable or Constables if need require ; two or more, for the 
apprehension of the breakers of the peace, wanderinge per- 
sons, fellows ; and to doe any other thinge appertaininge 
to the office of a Constable. 

And that the said freemen, at the said meetinge, shall 
choose three wise, honest men, who shall bee added to the 
two Wardens for the Towne Councill, to have like au- 
thority as other Towne Councills have. 

Butt forasmuch as it is just that all men, as well as 
meane men should be saved harmless in their estates, 
as rich men in their great estates ; and that the charge to 
obtain a title should not be a great charge, nor they forced 
to obtain and undertake soe great trouble and charge as 
to come to the Generall Court of Tryalls, which by reason 
of the distance by sea many times cannot come because of 
danger and hinderances divers ways. 

Therefore, be it enacted and it is by this Assembly en- Biock island 
acted, that the said Wardens shall have authority when above £5. 
need shall require, on the said Island, and in the said 
towne (followinge to be named), to hold pleas of actions 
of account, debt, detinue, trespass and of the case to the 
valine of five pounds sterling, of New England money, or 
to the vallue of five pounds, currant pay of this country, 
with or to the merchants, and not above. And to pro- 
ceed in the said actions accordinge to the lawes of his 
Majesties realme of England (soe farr as the constitution 
of the place will admitt), and accordinge to due forme of 
lawe in this Collony agreeable thereto, and the said pleas 
to be held on either of the said four quarter meetinges (be- 



470 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672, fore mentioned), and on the adjournments of either of 
'^*'^^^^' them, or at any other time of necessity by reason of dan- 
gers and straiugers that may happen there to be, the times 
appointed by the Wardens. And that the actions shall 
be tryed by twelve honest, impartiall men there, not of 
kindred to the plaintiff or defendant, nor interested in that 
case, they that are jurriors, and least suspected ; and if 
any jurrior be challenged be plaintiff or defendant, for the 
said reasons he shall have his said challenges of favour 
therein. And all the inhabitants shall answer by summons, 
and the fees of each juryman shall be sixpence in the said 
cases ; nevertheless, appeals to be allowed as the law is. 
And each writt six pence ; and the serveinge of it six 
pence. And for searvinge the execution, twelve pence 
upon the pound, for that delivered to the party by execu- 
tion, to be cost of Court. 

Alsoe, further be it provided, that all greater sums 
shall be tryed in the Generall Court of Tryalls, and bound 
thereto by the defendants bond to the Sergeant there, who 
is to be by the law of this Collony the Generall Sergeants 
Deputy. 

Furthermore, be it provided for his Majesties peace, 
Block Inland that thc Said Wardens shall have the conservation thereof, 

Wardens ' 

power. Qjj the said Island, and throughout the said towne ; and 
shall have authority as Justices of the Peace to require 
before them all and every person breakinge the same, or 
suspected for any crime, for examination ; and upon wit- 
ness of the guilt thereof, to imprison or binde over Ihe 
party or partys to the Generall Court of Tryalls, as law 
and justice requires, and returne their proceedings to the 
said Court. And further, that the said Wardens or either 
of them, shall have authority for publication of persons 
intentions declared to them of marriage (desireinge it to 
be published) ; and that all marriages be solemnized 
before the said Wardens, or either of them, and to make 
returne to the Towme Clerke aforesaid, for memoriall of 
their lawfull marriages, as many causes may require. 



AND PROVIDENCE PLANTATIONS. 471 

And further more bee it enacted, that the said towne 1672. 
on Block Island, at the request and for the reasons by the '-*"~^-^"*-' 

. "^ Block Island 

inhabitants showed, and as signes of our unity and l^k^- ^^^^^"^ ^ew 
ness to many parts of our native country, the said Block 
Island shall be called New Shoreham, otherwise Block 
Island. 

Further more provided, that such persons as shall be 
for the future nominated by the said towne of Shoreham to 
the Assembly, and desired to be made freemen, such said 
men beinge made free by the Assembly, shall have and 
injoy all liberties in and of elections, as the present free- 
men of the said towne have by this present act any thinge 
in this present act (seemeinge) to the contrary nothwith- 
standinge. 

And it is ordered, that this act shall be subscribed 
under the hand of the Gierke of this Assembly, with the 
seale of the Collony ; for which the Gierke of the Assem- 
bly of the said New Shoreham, otherwise Block Island, 
shall have twenty shillings silver pay. 

Voted, that Mr. Richard Smith, Mr. Francis Brinley, committee 

' ' •' ' to audit the 

and John Tripp, Mr. Walter Glarke, Mr. Peter Easton, !r^^e\su7er8, 
Mr. Daniel Gould, Mr. Peleg Sanford, Mr. Richard h^usa^c-'"' 
Baily, and John Sanford, are chosen a Gommittee for 
auditting the late Generall Treasurer's, Mr. John Gogges- 
hall's accounts ; and they or the major part of them, have 
full power to auditt the said accounts, and make returne 
thereof to the Generall Assembly, to be held in May next ; 
and they are appointed to have and hold their first meetinge 
on this matter, on the 2d day of December next, at Gapt. 
Morrice's house, in Newport, and soe to continue untill 
they have finished that worke ; and upon the finishinge 
the said auditt, they or the major part of them receiveinge 
and agreeinge on the accounts, have the power of this 
Assembly to give the said Mr. John Goggeshall a full 
acquittance discharge in the GoUonys name and behalfe. 

Voted, whereas the Kings Majesty hath been pleased 
to grant to this Collony for the safety of his subjects and 



counts. 



472 RECORDS OF THE COLONY OF RHODE ISLAND, 

3 672. the maintainance of good law, that seven at least of the 
^^'^-v-*-' magistrates shall be in to make u^d the Generall Assem- 
andDepu- blv I and whereas, there is a clause alsoe in his Maiesties 

ties to Bitt J ^ 1 J 

the^Assem- g^ant to thls Collony, that soe many Deputys as shall bee 

^'^'' present with the aforesaid Magistrates, shall be a Generall 

Assembly ; his Majesties wisdom doubtless deemeinge a 

major parte of the peoples representatives would not be 

wantinge in such needfull matters. 

Butt forasmuch as oft experience proves the want of 
such number of Deputys, viz., the major part in the said 
Assembly ; and forasmuch as his Majestic hath provided 
in case of invasion of an enemy, the Governor and Coun- 
cill have therein authority as the said Assembly have au- 
thority, without the Assembly can come together. 

Therefore, for the preventinge of many differences and 
disputes for the future, bee it enacted and hereby it is 
enacted, that in all such straights and dangers, which may 
suddainly happen, that seven of the Magistrates, and soe 
many of the Deputies as shall with them then be present, 
shall be a Generall Assembly, although there then should 
happen not to be a major part of the Deputies. 

Butt forasmuch as by the good old laws of our native 
country as exprest in the Petition of Right, of 3d of 
Charles the First, that the subjects of his Majesties realme 
of England have inherited this freedom, that they should 
not contribute to any tax, &c., but such as were by com- 
mon consent in Parliament. 

And forasmuch, as the House of Commons is the peo- 
ples representatives there, and the Deputys the represen- 
tatives of the freemen here : therefore, for the preventinge 
great and emminent dangers of pretended debts, which by 
some mens subtilty and others simplicity, this Collony 
may unjustly and undoubtedly incurr, bee it enacted and 
by this Assembly it is enacted (wherein a major part of the 
Deputyes now are), that noe tax nor rate from henceforth 
shall be made, layd or levied on the inhabitants of this 
Collony without the consent of the Deputys present per- 



AND PROVIDENCE PLANTATIONS. 473 

taining to the whole Collony, as there must be a major 1672. 
part of the Assistants (by the Charter), nor any way — ''^'-•^ 
bringe the Collony in debt by any meanes. 

And forasmuch, as there may be great and many 
weighty matters respecting the King's honor here, and his 
subjects greatest libertys undermined subverted, by subtil- 
ty for some men's sinister ends, who mostly pretend the 
peoples profits thereby ; but that there may be the better 
observation of such designes. 

Be it enacted, and by this Assembly it is enacted, that in tn what 

•^ •' cases there 

all weighty matters, wherein the King's honor is raost™;;?^'^''^^*^!;^ 
concerned, and the peoples antient right and libertys uel'^con!^^" 
most jeoparded for want of mature councill ; that then """^ '°°^' 
and at all such times and upon all such occasions, 
the Assembly shall be the major part of the Deputys 
belonging to the whole Collony, as there must be 
the major part of the Asssistants (by the Charter). 
Butt otherwise, such said act (if made without the 
major part of Deputys present), such said act shall be 
voyd and of none effect. And in all cases and upon all 
occasions, such service may be performed by the said 
Deputyes ; and alsoe with willingness cheerfully, these 
considerations followinge for encourragement to meet with 
the said Assembly. 

Be it enacted and hereby it is enacted, that every person Deputies 

•' ^ v- i wages. 

hereafter to be elected for a Deputy to sitt in the Generall 
Assemblys, shall receive in payment for such service, each 
Deputy two shillings for each day from the time he or 
they take their journey to goe to the said Assembly, to 
the end of the said sessions ; which said payment shall be 
made by each towne to the Deputys sent by the said 
townes performinge such service proved to be done by a 
note under the Grovernors, Deputye Governors or Re- 
corders hand, witnessinge the same. 

Butt if the said towne doe not make present paymetit 
to such said Deputy or Deputys, that then every such 



474 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. Deputy may or shall discount soe much as his rate or tax 
^-*''-^''"'*-^ shall be untill such said debt be paid. 

Nevertheless provided, to avoide all willfuU and appa- 
rent oppression, be it enacted, that noe man shall, though 
elected (if elected to two Courts together), be compelled to 
goe untill he hath had liberty not to serve at one at the 
least, except hee will go and serve two Courts together, 
without compulsion. 

And further, be it enacted, that if any person be elected 
pcwt'fora Deputy, and neglect to goe and performe in such ser- 
rngGen'" yicc, hcc shall forfitt twenty shillings to the Generall 
Treasury, except he can show a lawfull excuse, Avhich 
may soe seeme to the Assembly, and beinge sick, lame, 
hindered with winde and foule weather, or such like ex- 
treme hindrances. Butt in case soe many Deputies come 
not, whereby the Court is disabled to proceed for want of 
a lawfull number as aforesaid, then every Deputy ab- 
sent shall pay fourty shillings for his neglect. And that 
such said Deputies repairinge to the Assembly before he 
or they bee admitted to vote in the Assembly, shall take 
a soUemn engagement upon the pennalty of perjury, 
faithfully and honestly to performe such service accordinge 
to his best understandinge, and in the place of a Deputy 
for the good and weale of this his Majesties Collony ; 
The Gov'r whicli Said engagement shall be administered by the Gov- 
GoviX ad- ernor or Deputy Governor, in the open Assembly ; pro- 
o^^Pg^^g^^^'^'^- vided nevertheless, that every adjournment of any Court 
aforesaid, shall be understood as to the Deputies, who 
shall repaire thither to bee the same Court. 

And furthermore, seeinge by sad experiance the neglect 
of Assistants, as well as Deputies, by reason of such de- 
ffiults, with what difficulty an Assembly severall times 
hath been obtained, to the great expense of time and neg- 
lect, not only of the publick, but particularly hindrances 
very many ; that there may be a remedy for time to 
come, be it enacted, and by this Assembly it is enacted. 



forfeitures 



AND PROVIDENCE PLANTATIONS. 475 

that every Assistant that from henceforth shall not appear 1672. 
at the Generall Assembly or Assemblys, and there doe the '^--'^^'^•*-^ 
service of an Assistant, shall forfitt twenty shillings to the 
Generall Treasurer ; and if soe many doe not .'ippeare 
to fill up the Assembly, as by the Charter exprest, that 
then the former law of five pounds forfitture to stand in 
force, except he or they shall shew a lawfull excuse for 
their absence, which may soe seeme to the Assembly, as 
sickness, lameness, winde and foule weather. 

And that the said forfittures for such neglects both of r*^"'"'"' 
the Assistants and Deputies when they happen, shall bee 
demanded by the Generall Sergeant in the tow'ne where 
he lives, of the Assistants that pertaine to that towne, of 
that forfitt as aforesaid ; and alsoe of the Deputies of the 
said townes that are soe forfitted ; and in case of non- 
payment, or not sendinge it in to the Generall Treasury, 
the Generall Sergeant shall distraine their goods and 
chattels (which such goods and chattels shall not bee of 
such as persons can worst spare), and the distraint shall be 
appraised by two honest neighbours ; the one of them 
chosen by the Sergeant, and the other by the person 
whose goods w^ere distrained (if the forfitture will), 
which said appraisers shall be engaged by the Governor, 
Deputye Governor, or one Assistant, to make an honest 
and equall appraisall of the said goods, accordinge to the 
best of their understandinge. And that the party dis- 
trained, shall have fowerteen dayes to redeem the said 
distraint by other goods, graine, or other vendable things, 
the price usually knowne or agreed on betwxene the Ser- 
geant and the party distrained ; and that the Sergeant 
shall have twelve pence upon the pound for his distrain- 
inge the same. 

Butt forasmuch, as such forfeitures may happen in some 
towne remote from the Generall Sergeant, and for pre- 
ventinge needless great expence and charge of three pence 
a mile forth and three pence a mile back againe, by which 



476 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. said distance and such payment, some cannot but be 
^-'''■^'-'*^ grievously oppressed, and the Generall Sergeant need- 
lessly troubled. Therefore, be it enacted and is enacted, 
that when any such forfeitures happen in any other towne 
remote from the Sergeant, that the Sergeant of such said 
towne by writt from the Generall Treasurer, obtained by 
him from the Governor, Deputie Governor or one Assistant, 
shall distraine such said forfeiture, and shall as aforesaid be 
proceeded in as to pricers prisealls, and such manner of 
goods and chattells, and like time for redemption and 
Rerump. manner of redemption with like liberty as is aforesaid ex- 

tion of '^ "^ 

forfeitures, prcst whcu thc Gencrall Sergeant distraineth as aforesaid. 
Provided nevertheless, that if any person finde himselfe 
grieved by undue proceedinge, that then such said person 
shall upon request to the Gov'r, Deputie Gov'r or some 
one Assistant, obtaine a writt of repleve to the said Ser- 
geant, and that thereby the said partys grieved give bond 
to the Sergeant, whome it shall concerne, in double the 
sum distrained ; the condition whereof shall be, that the 
said person by himselfe or attorney, shall appeere at the 
next Court of Tryalls, and then committ this issue to the 
good country, viz. : whether the said distraint were law- 
full, and abide by the verdict and judgment, except error 
or attaint. And that the aforesaid act and every clause 
thereof, shall from the publication thereof, be of full 
force, any other law or lawes, clause or clauses in them or 
either of them (in this Collony), to the contrary thereof 
notwithstandinge. 

Voted, forasmuch, as at this present Assembly difference 

The couo appeares betwixt the Assembly and others, about accounts 
paid or not paid by them, received or not received by 
others, and for the preventinge all such difference (for the 
future withall) ; and that a plaine public proofe of debts, 
and payments may remaine and answer any such doubt 
or question, that may arise betweene the publick and pri- 
vate persons (about accounts) : 



nys ac- 



AND PROVIDENCE PLANTATIONS. 



47 



Be it enacted, and hereby is enacted, that the Generall 1672. 
Treasurer shall provide a good large booke, fitt for the ^-*"^'-"*-^ 
said nse, and shall deliver it unto the Generall Recorder, 
that therein the Recorder may and shall record all debts the 
Collony oweth to any man, all payments made by them to 
any man, and all debts due to the Collony from every man 
or men ; and that every Treasurers accounts shall be re- 
ceived every year, and entered in the said book ; and the 
Generall Sergeants accounts every year and entered in 
the said book ; and every other man's account employed 
for the generall and the pertickulars of each ; and a copie 
thereof every year to be sent to every towne (of the Col- 
lony), and every towne to have a booke, wherein the 
Gierke of each towne shall enter the same for the due 
satisfiction of all men burdened with Collony charge ; 
provided, nevertheless, that every acccount (wherein is 
noe alteration in the election of the Generall Recorder) 
appointed by the Assembly, shall enter every account be- 
tweene the Collony and such said Generall Asseuibly ; 
and this act to stand in full force from the publication 
hereof, any law or laws, clause or clauses to the contrary 
hereof (in this Collony), notwithstandinge. 

Voted, whereas there is a request made to this As-Narragan- 

sett lands. 

sembly by one of the purchasers, with Major Atherton, of 
lands in the Narragansett country, viz. : Edw. Richmond, 
desireinge a revocation of an act formerly made for the 
forfeiture of such lands in this Collony which should happen 
to be purchased without the assent of the Assembly, as 
more fully exprest in the said act, and his said paper, the 
Assembly consideringe the paine and industry of the said 
purchasers upon the said land for soe many yeares to- 
gether, the danger they have there been in by reason of 
the barbarous Indians soe ready to w^arr, and other out- 
rages as hath appeared of late, and consideringe that the 
removeinge such a danger, and doubt of the forfeiture of 
their lands to this Collony may take of their byas to an- 



478 RECORDS OF THE COLONY OF RHODE ISLAND, 

1672. other, consideringe themselves and posterity delivered 
^~-'*'"^-*^ from the said danger, and settled in peace. 

Bee it further enacted and is hereby enacted, that the 
said purchasers and partners, with JMnjor Humphrey Ath- 
erton, of lands purchased by them, lyinge and beinge in 
the Narragansett country as is exprest in their deed or 
deeds, grant or grants from the Narragansett Sachems to 
them, the said purchasers of the said lands, shall be a 
good and lawfidl estate and title thereto, accordinge to the 
purport of the said grants, to have and to hold, and as 
firmely and to fully enjoy and possess for their the said 
lands and appurtenances, as if the said act or acts of pro- 
hibition of buyinge of land, in this Collony, upon the 
paine of the fortiture thereof had never been acted or 
made ; any other former law or laws, clause or clauses in 
them, or either of them, to the contrary hereof in any wise 
notwithstandinge. 

Provided nevertheless, for the maintanence of all and 
every mans right or rights in the law of justice, which all 
free borne English men are borne to have and to hold 
lands to defend (which to them descend), and as firmly as to 
any land which to them descendeth (doe such men inheritt 
their right in the law by a perpctuall estate) ; therefore be 
it enacted, alsoe, that the afore said act shall not be con- 
strued to extend to deny or barr any person or persons, 
but that he or they may commence his or their action, 
and prosicute the same to the effect to prove his or their 
title to any land in this Collony ; and beinge proved, 
obtaine judgment thereupon, and execution thereof; 
and this act to stand in full force from the publication 
hereof, any former act or acts of any Assembly of this 
Collony, to the contrary hereof notwithstandinge. 

Voted, whereas, there hath been moneys disbursed by 
Mr. Harris Mr. William Harris paid to Mr. Deane, in England, to 

disburse- • it ni i 

^entsm reiuibursc charge, lor procuremge the Charter, as appeares 
by Mr. John Clarke's account given in ; bee it enacted by 



AND PROVIDENCE PLANTATIONS. 479 

this Assembly, and it is enacted, that Mr. Harris as he 1672. 
hath made appeare, or any other person that cann make ^-*^-^*-' 
such disbursements appeare, shall be paid by the Generall 
Treasurer, in computation answerable to what allowance 
hath been formerly stated, viz. : twenty pounds country 
pay, for ten pounds in England ; and this to be paid the 
first money from the Treasurer thats drawne. 

Voted, whereas, Mr. Francis Brinley hath presented an^r. B,mieys 

■"■ accounts. 

account unto this Assembly for severall disbursements by 
himselfe and others, on the Collonys account, the said 
accounts haveinge been perused and considered, are ap- 
proved of, the sums amountinge to three pounds, one shil- 
linge, silver ; and twenty pounds, nineteene shillings, 
country pay ; and is ordered to be paid and discharged by 
the Generall Treasurer. 

Voted, that the Generall Sergeants bill, amountino-e to sergeant 

^ Rogers 

fifteene pounds, sixpence, shall be paid to him, except ^''°'^^°''- 
what may appeare to be already paid. 

Voted, whereas an information and request, sio^ned ^^^'^''^j?: „ 

-L ■' o inge Kicn'd 

George Way, to have been presented to the Assembly, Pray!^'''^ 
May, 1672, shewinge that Capt'n John Greene hath 
taken upon him to give a bill of divorce to Mary Pray 
and Richard Pray, &c., as more fully therein expressed, 
this Assembly not well resentinge the said nor any such 
said thing, and that if such said thing be done by Capt'n 
John Greene, or any man, they cannot take it for any pro- 
ceeding correspondent with law or honesty ; and therefore 
declare and show our abhorrence, that any Assistant of 
this CoUony should give Ptichard Pray or Mary Pray, his 
wife, a bill of divorce in the said case, or in the said case 
give Richard Pray any pretended power to give his wife 
a bill of divorce, upon such proceedinge as have been con- 
cerninge in the Court of Tryall, but know the law is open 
to any such offences. 

And that all the Collony may certainly know wee give 
noe contenance of any such proceedinge of Capt'n John 
Greene, or any other Assistant of this Collony, if they 



480 RECORDS OF THE COLONY OF RHODE ISLAND, 

1GT2. have or shall soe act as for Richard Pray and Mary, his 
'-'•"^'-"*- wife. Be it enacted, that this our briefe declaration against 
the said proceedings said to be proceeded in by Capt'n 
John Greene, in the aforesaid paper, and herein shall be 
sent with the rest of the acts of this Assembly to every 
towne of this Collony, that they may know wee endeavor 
good law, all mens peace and safety, but no man's vice. 

Voted, that Mr. Richard Smith, Mr. Francis Brinley, 
and Mr. John Easton, Assistants, John Sanford, Recorder, 
Mr. Peter Easton, Treasurer, Mr. Walter Clarke, Mr. Pe- 
leg Sanford, Mr. John Coggeshall, Mr. John Tripp, Mr. 
Daniell Gould, Mr. Weston Clarke, Lieut. Joseph Torrey, 
and Mr. Richard Bailey, are chosen and appointed a Gen- 
erall Committee, to auditt and have full power given and 
granted unto them from time to time to auditt and agree, 
they or the major part of them on any or all mens ac- 
counts, whoe doe charge the Collony to be in their debt ; 
and what the said Committee or the major part of them 
shall agree on, and signe under their hands to any such 
person or persons, shall be owned a due debt from the 
Collony, and truly payable by the Generall Treasury. 
And this act to be of force unto them untill the Generall 
Assembly in May next. 

Voted, whereas Roger Gouldinge beinge sentanced by 
Rgg„ the last Court of Tryalls, to putt in sufficient bayle to the 
aSaisIn- valluc of fifty pouuds, to secure the towne of Portsmoiith 
harmless from a bastard child, borne by Susanah Tal- 
man ; the said Roger Gouldinge beinge the person whome 
she reputed to be the father of the said childe, this Assem- 
bly upon the request, appeale and petition of the said 
Roger Gouldinge, doe see cause to remitt that sentance, 
and acquitt him thereof. 

Voted, John Reade, late of Warwicke, beinge chosen 

Reads by the said towne, to attend and serve on the jury, and 

he not attendinge that service, was fined twenty pounds 

by the Court of Tryalls, and he haveinge petitioned this 

Assembly, alledginge many satisfactory reasons to the As- 



swered. 



John 

fine remitted 



AND PROVIDENCE PLANTATIONS. 481 

sembly to remitt his said fine, the Assembly doe see good 1673. 
cause and doe remitt the said fine. v-^-n^-^i^- 

Voted, whereas Mrs. Morrice doth petition and request J^i-.^Momce 
the Assembly that her grandchild, Mary Stoakes, stand inge g^^^kes. 
under the sentance to be twice whipt, by the order of the 
Generall Assembly, held in March, 1669 or 1670, that the 
said sentance should be remitted : this Assembly, upon 
the debate of the matter, doe see cause to order, and 
hereby doe order, that if the said Mary Stoakes doe pay 
the sum of five pounds in silver unto the Generall Treas- 
urer of this Collony, then the said sentance of whippinge 
shall be remitted. 

Voted, that the Gierke of this Assembly shall have 
twenty shillings from each of the fower townes, fur copies 
of this Courts acts, to goe forth under the scale of the 
Collony. 



Proceedings of the Generall Assembly of the Collony of 
Rhode Island and Providence Plantations, held at New- 
port, the Qth day of May, 1673. 

Mr. Nicholas Easton, Governor. 

Capt. John Cranston, Deputie Governor.. 

ASSISTANTS. 

Mr. Richard Smith, Mr. Henry Browne, 

Mr. Francis Brinley, Mr. William Baulston, 

Mr. John Easton, Mr. Joshua Coggeshall,, 

Capt. Arthur Fenner, Capt. John Greene. 

Mr. Thomas Harris, Mr. Benjamin Smith. 

VOL. II. 31 



482 RECORDS OF THE COLONY OF RHODE ISLAND, 

1673. DEPUTIES. 

^-^^^^"^-^ For Newport, Mr. Walter Clarke, engaged. 

" Mr. Peter Easton, engaged. 

" Mr. John Wood, engaged. 

" Mr. Daniell Gould, engaged. 

" Mr. John Gould, engaged. 

" Mr. Henry Bull, engaged. 

For Providence, Mr. John Throckmorton, engaged. 

" Mr. William Harris, engaged. 

" Mr. Lawra. Wilkinson, engaged. 

" Mr. Anthony Evernden. 
For Portsmouth, Mr. William Hall, engaged. 

" Mr. William Wodell, engaged. 

" Mr. William Cadman, engaged. 

" Mr. Robert Dennie, engaged. 

For Warwicke, Capt. Randall Howlden, 

" Mr. Richard Carder, 

" Mr. James Greene, 

" Mr. Edmund Calverlye. 

Mr. John Easton, chosen Moderator of this Assembly. 
John Sanford, chosen Clerke of this Assembly. 
Voted, that whereas the Deputies, members of the Assera- 
warwicke blv, havo accordlngc to law by the Governor been tendered 

Deputies '' ' ^ *^ 

sa^ement ^^^ engagement unto the office of Deputies, all the severall 
Deputies here present have accepted and taken the en- 
gagement ; only the Deputies of Warwicke refused to 
take the engagement as the law provideth. 

Voted, Christopher Holder, Henry Wood, John Ward, 

Freemen Robcrt Bcnnett, Vallentine Hudlestone, all freemen of the 

admitted. 

towne of Newport, are admitted freemen of this Collony. 

Voted, John Lapham, William Astin, John Crossman, 
Samuell Willington, and Zachery Field, all freemen of 
the towne of Providence, are admitted freemen of this 
Collony. 

Voted, Thomas Briggs, of Prudence, Thomas Hicks, 



AND PROVIDENCE PLANTATIONS.. 483 

Thomas Manchester, Jim'r, Thomas Eaton, Robert Tlodg- 1673. 
son, Richard Pearce, Jun'r, Gyles Pearce, Adam Mott, ^-^-v-*^ 
Jun'r, William Lany, John Heath, Robert Brownell, 
Thomas Derfie, Thomas Waite, and Jeremiah Waite, all 
freemen of the towne of Portsmouth, are admitted freemen 
of this Collony. 

Voted, Samuell Waite, Henry Greene, George Wight- 
man, John Reynolds, John Briggs, Samuell Reynolds, 
George Crofts, William Helmes, Rouse Helmes, Samuell 
Helmes, Christopher Helmes, and Joseph More, all of 
Narragansett, are admitted freemen of this Collony. 

Voted, Henry Underwood, of Quononoqutt, is admitted 
a freeman of this Collony. 

Voted, this Assembly is dissolved. 

At the Generall Assembly and Election held for his Majes- 
ties Collonij of Rhode Island, §'C., at Neiuport, May 
7th, 1673. 

The Generall Assembly consisting of the Governor, 
Deputy Governor, Assistants who are above named and 
written, and of the same Deputies above named and 
written present. 

The Deputies of Newport, engaged. 

The Deputies of Providence, engaged. 

The Deputies of Portsmouth, engaged. 

Capt'n John Cranston, Deputie Governor, chosen Mod- 
erator ; whoe refusinge to accept the place, Mr. John 
Easton was chosen' Moderator of this Assembly. 

John Sanford, chosen Clerke of this Assembly. 

Voted, that the Election be proceeeded in (the day be- 
inge firr spent), before the Charter be read. 

Voted, that for the orderly carryinge on by Election, 
the votes that are brought in shall pass through the hand 
of a Magistrate, and the hands of a Deputy. The persons 
chosen are Mr. Francis Brinley, Assistant, and Mr. Wal- 
ter Clarke. 



484 RECORDS OF THE COLONY OF RHODE ISLAND, 

1673. Voted, that the proxies he divided in fower parts ; and 
'-'^>'^'*-^ in the opening each part, a Magistrate and a Deputie to 
open and putt in the votes as called for into the hat. For 
one part, Mr. Richard Smith, Assistant, and Wm. Wood- 
ell ; for another part, Mr. Joshua Coggeshall, Assistant, 
and Wra. Cadinan ; for another part, Mr. Francis Brinley, 
Assistant, and AValter Clarke ; for the other part, Capt'n 
John Greene, Assistant and Peter Easton. 

Voted, that the Election doe forthwith proceed. 

By the Election, was chosen : 

Mr. Nicholas Easton, Governor, engaged. 

Capt'n John Cranston, Deputy Governor, who refus- 
inge, was by the Assembly elected. 

Mr. William Coddington, Deputy Governor, engaged. 

Mr. Richard Smith, Assistant, who refusinge to serve, 
was by the Assembly elected. 

Mr. Walter Clarke, Assistant, engaged. 

Mr. Francis Brinley, Assistant, who refusinge to serve, 
was by the Assembly elected. 

Mr. Daniell Gould, Assistant, engaged. 

Mr. John Easton, Assistant, engaged. 

Mr. William Harris, Assistant, engaged. 

Mr. Thomas Harris, Assistant, engaged. 

Mr. Thomas Feild, Assistant, engaged. 

Mr. Joshua Coggeshall, Assistant, engaged. 

Mr. John Tripp, Assistant, engaged. 

Mr. Walter Todd, Assistant, engaged. 

Mr. Job Almy, Assistant, engaged. 

John Sanford, Recorder, engaged. • 

James Rogers, Generall Sergant, engaged. 

Mr. Peter Easton, Generall Treasurer, engaged. 

Mr. John Easton, Generall Attorney, engaged. 

Mr. Robert Williams, Generall Solicitor. 

Voted, that the Deputy Governor haveinge refused to 
engage and officiate in that office, this Assembly doe vote 
that they proceed to the election of a Deputy Governor. 

Mr. John Coggeshall chosen Deputy Cover nor, who be- 



AND PROVIDENCE PLANTATIONS. 485 

inge by the Grov'r required to give the engagement to that 1673. 
office in this Assembly, he denyecl to take the engagement, ^-^-v-*^ 

Therefore, the Court doe vote to proceed to the choyce 
of another. 

Mr. John Clarke, chosen Deputy Governor, whoe be- 
inge sent to from this Assembly, by Mr. William Harris 
and Jireh Bull, they made returne that Mr. Clarke did 
positively refuse. Therefore, the Assembly vote to pro- 
ceed to the election of another. 

Mr. Richard Smith beinge chosen Assistant, and refuse- 
inge to serve in that office, the Assembly doe vote that 
they proceed to the choyce of another. 

Mr. Walter Clarke, chosen Assistant and engaged. 

Mr. Francis Brinley chosen Assistant, and refuseinge 
to serve in that office, the Assembly doe vote that they 
proceed to the election of another. 

Mr. Daniell Gould, chosen Assistant, and engaged. 

Whereas, Thomas Cornell, by his friends, and perticku- piace of 
larly William Earll, hath requested this Assembly that neii'sburiai. 
after his execution his body may be carried and hurried 
by his mother, the which motion the Court doe not accept 
of ; but yet, in favor to the prisoner, doe consent that if 
his friends have a desire, they may interr the body in the 
lands lately to him belonging, at the upper end thereof, 
adjoyning to the common roade, provided it be within 
twenty feet of the said common roade ; and that if the 
Collony see cause, they may from time to time sett up 
such monuments on or at the grave as they shall see 
cause ; or otherwise, the said Thomas Cornell is to be 
hurried under or near the gallows. 

Voted, that Robert Butterworth, for the execution of 
Thomas Cornell and the Indian Punnean, now prisoners 
and condemned to dye, shall have the sum of fower 
pounds paid him by the Generall Treasurer. 

Voted, whereas at the last Generall Assembly held at 
Newport, there was a Generall Auditt appointed to make 
inspection in the late Generall Treasurer, Mr. John Cog- 



486 RECORDS OF THE COLONY OF RHODE ISLAND, 

1673. geshall his accounts, and to inquire into all accounts, yett 
''-*'^^'^*-' not determined relateinge to the Collony ; the Commission 
and power to them then given, and every part thereof, 
shall and is to them and every of them still continued, and 
to be by them or the major part of them, attended unto on 
the 2d of July next, and what they or the major part of 
them, shall doe and signe in and concerninge the prem- 
ises, shall be owned and deemed, as if done by the whole 
Assembly. And if it should happen that the persons ap- 
pointed to be on the said iVuditt, doe not meet on the said 
day, the 2d of July next, that then by seasonable notice 
from Mr. John Coggeshall, late Treasurer, they, the said 
Auditors or major part, shall meete at Capt'n Morrises 
house, in Newport on such times as may seeme convenient 
to them for the finishinge the said worke. 

Whereas, Thomas Cornell, of Portsmouth, who was 
Jf^Thomaf lately executed for murtheringe his mother, IMrs. Kebecca 
Cornell, whereupon, accordinge to law the Court of Try- 
alls have made seizure of his estate : this Assembly (in 
consideration of the matter, and for the supply of the wife 
and children to the said Thomas), doe see cause to release 
the said seizure, and empowere the Councill of the towne 
of Portsmouth to take care and order that the estate of 
the said Thomas be soe secured and improved that just 
debts and other charges be first paid and discharged, and 
that then the wife and children be supply ed, and relieved. 
And to that end, to order and appoint an executor or 
executors, for the true performance thereof. And that 
the said Towne Councill doe make a will, and accordinge 
to law divide the estate to the wife and children of the 
said Thomas. 

Voted, that the Governor, Deputy Governor, the Mag- 
istrates of the towne of Newport, Mr. William Harris, of 
mans'coa-"" Providence ; Mr. Joshua Coggeshall, William Hall and 
John Sanford, for Portsmouth ; Mr. Walter Todd and Mr. 
Job Almy, for Warwicke ; and Mr. Richard Smith, of 
Narragansett, are appointed and authorized a Committee, 



Cornel 
estate. 



Committee 
to treate 



dians con 
cerninge 
drunken- 



ness. 



AND PROVIDENCE PLANTATIONS. 48T 

they or the major part of them, to treate with the Indian 1673. 
Sachems, and with them seariously to consult and agree ^-'^-^'-'^ 
of some way to prevent the extreme excess of the Indians 
drunkenness ; that soe if possible such enormities, as there- 
upon ensue may be prevented, and the remedy attended 
unto, that soe peace and good order may be maintained. 
And alsoe to consult of any other matters that doe or 
may appeare to be in difference betweene the Indians and 
concerninge this Collony, And that duringe the time of 
their said treaty with the said Sachims, they shall in this 
Collony have free egress and regress cleere from the arrest 
of any person or persons in this Collony. And it is or- 
dered, that the said treaty shall be held at Newport, and 
begin the 24th day of June next. 

The Sachems herein intended to be treated withall, are 
Mawsup and Ninecraft, of Narragansett ; Phillip, of 
Mount Hope ; Wetamo, of Pocasset ; Awashunks, of 
Secunnitt, or soe many of them as doe appeere at that 
treaty. And that the Deputy Governor, Mr. Wm. Codd- 
ington is desired by this Assembly to signify under his 
hand, to the severall Sachems aforesaid, the Assemblys 
desire herein. 

Voted, the Generall Sergeants bill shall be paid by the Gen'n ser- 
Generall Treasurer ; the said bill amountinge as per per- counts 
tickulars, to twenty seven pounds, eighteene shillings ; 
out of which four pounds being deducted for the exe- 
cution of Thomas Cornell, and the Indian Punnean, there 
is due to the Generall Sergeant twenty three pounds, 
eighteene shillings. 

Voted, that the Generall Recorder doe record all theEvMenoeB 

in Thomas 

proceedmgs and testimonies that past, and were produced cm-neii's^ 
in Court in the tryall of Thomas Cornell, in the record of '■°'""''^'"^' 
the Book of Tryalls, who shall be paid therefor, by the 
Generall Treasurer the sum of one pound, five shillings. 

Voted, forasmuch as this present summer is thought to 
be a time of trouble and danger, by reason of the Dutch 
men of war supposed to be intended for this country, as by 



488 RECORDS OF THE COLONY OF RHODE ISLAND, 

1673. some expected. And consideringe the great need that 
^-^^>'-'*-' the Assembly be in beinge, to heare the Collonys debts 
and credits of the Auditt ; and the trouble, charge and 
time to procure an Assembly when not in beinge. 

Bee it therefore enacted, that this Assembly be ad- 
journed untill the Governor, or Deputy Governor shall see 
cause to call this Assembly together againe ; a