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Full text of "Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly"

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ALLEN COUNTY PUBLIC LIBBARY 



3 1833 01145 8137 , 



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2180183 






RECORDS 



COLONY OF RHODE ISLAND, 



PROVIDENCE PLANTATIONS, 



N'F.W ENGLAND. 




t'UiNTF.i) i!Y onriKi: of Tin; r.F.xi'.nAi, assfmcf 



i:ji!ii:i' in 



OHN RUSSELL ILVRTLKTT 

ST-ri;KI AKV Ol' < TATK. 

vol.. in. 

|f,| fiUt J. 

1078 TO 1700. 



1' u V 1 1) i: N r: i; : 

K X <.. W LY.<. .\ N r ir n \ V .S: CO., .-^ T A T K 1' It I N T K 11 

1 S5S. 






.f.f^Si f.H 



2180183 



REM AUKS. 



The Third Volume of the Colonial Ilecords of Rhode Island 
commences with the proceedings of the April session of the 
General Assembl}', in the year 1G78, and ends with the 
October session of that body, in the year 170G ; thereby in- 
cluding twenty-nine years of the Colonial Annals. 

The events of this period are among the most important in 
our Colonial History. They include first, a discussion of the 
several claims for the ownership of Mount Hope and the Nar- 
I'agansett Country ; tlie latter, from royal grants, the limits of 
which had never been defined. The Duke of Hamilton, the 
Earl of Arran, jMa jor Atherton, Governor Winthrop, of Connec- 
ticut and his associates, with others, claimed large portions of 
this country. Connected with these, is the official Report of 
the Narragansett Commissioners, who were appointed by 
Cliarles the Second, to inquire into the respective claims and 



'm^:^ 



IV. HK.MARKS. 

titles of individuals, as well as Corporations, to the jurisdiction 
of that country, known also as the King's Province. 

Next follow the complaints to the King against the Colony, 
by Edward Randolph, with articles of misdemeanor ; in conse- 
quence of which, writs of quo warranto were issued by the Kinn- 
against the colonies of Rhode Island and Connecticut, the latter of 
M-hich was also the suljjcct of complaint. The documents con- 
nected with these transactions, including the orders in Council 
and the addresses from the Colon}-, elucidate much in the an- 
nals, which would otherwise be obscure. The proceedings of 
Joseph Dudley, Governor of the New England Colonics and 
President of the Council, close this poiiion of our histor}-. 

The subversion of the Charter government, and the adminis- 
tration of Sir Edmund Andros, render the year IGSG an impor- 
tant era in our Colonial history. The Colony Avas now merged 
into the government of New England, under that Royal Gov- 
ernor, and degenerated into a mere county. No meetinr-s of the 
General Assembly took place under his government, and the only 
records that in any way show Avhat was done in the Colony dur- 
ing this period, are those of the Courts of Quarter Sessions. 
These, though meagre, have been introduced into this volume as 
a link in the chain of our annals. Further to elucidate this portion 
of our history, the commission of, and instructions to, Sir Ed- 
mund Andros, from James the Second, with a variety of letters, 
addresses, etc., have been introduced. The particulars connect- 
ed with the arrest and imprisonment of Andros in Boston, and 
the first revolution in New England that followed the accession 
of William and Mary to the English throne in 1GS9, complete 
the history of his administration of the American colonies. No 



IIKMAKKS. V. 

records of the oflicial proceedings of the Council of Sir Edmund 
Andros are known to exist. It appears that they were forward- 
ed to England, during the administration of Sir Edmund, but 
they are not now to be found in the English State Paper Office. 

The valuable documents so important to fill up this chasm 
in our annals, are taken from the collection of papers in the 
possession of our townsman, John Carter Brown, Esq., for whom 
they were copied from the originals in Iler Majesty's State 
Paper Office, London; from the "Usurpation Papers," or docu- 
ments relating to the administration of Sir Edmund Andros, in 
the *•' Collections of the Massachusetts Historical Society ;" and 
from the '• Documents relating to the Colonial History of New 
York," recently printed by that State. 

The Colonial Records, beginning with the assumption of the 
Charter in Februrary, 1690, after the fall of Andros, are now 
followed to the year 1706, where the volume ends. It is to 
]:)0 regretted, however, that the proceedings of certain sessions 
are wanting in 1691-93, '94 and '95, and are not known to 
exist among the State Records, or among the archives of any 
towns in the State. Our little Colony continued to suffer 
greatly from without ; and it is probable that among the con- 
stant calls from the Home government for the proceedings and 
public acts of the Colony, that the original records now miss- 
ing, were sent to England. 

This opinion is strengthened from the fact, that after the 
printing of this volume had proceeded to the year 1695, there 
was found among the manuscript volumes in Mr. Brown's 
collection, copies of the entire proceedings of the General As- 
sembly of Rhode Island, for the sessions of May and June^ 



in:.MAi!Ks. 



IGOl ; two sessions, in the proceedings of whicli, llie Stale was 
deficient ; thns filling an important hiatus in its records. As 
these could not be inserted in their })roper place, they have 
been added at the end of the vohime, preceding the index. 
From the endorsement on these papers, it appeai-s that they 
were transmitted to England by the Earl of Bellomont, >vh.. 
was sent to Rhode Island, under a commission from the King, 
to inquire into certain "irregularities." 

The next serious troubles which the Colony had to contend 
with, was in consequence of " Representations to William and 
Mary about irregularities in the government."' This led to 
the appointment of a commission of inquiry under the Earl of 
Bellomont. The full instructions to this nobleman, with the 
(pieries he was directed to put to the Governor and others in 
authority ; the various letters of the Board of Trade to and 
from the Governor, in relation to this matter ; the Report of 
the Earl of Bellomont on the irregularities charged ao-ainst 
Rhode Island ; the Journal of the Earl's pi'oceedings in the 
execution of his Majesty's Royal Commission, when he visited 
Newport; Avith a numbei- of letters, to and from the prominent 
men of that day, appear at length in this volume. These im- 
portant papers, so indispensable to the elucidation of our his- 
tory, are almost entirely taken from Mr. Brown's marrnificent 
collection of manuscripts, generously placed by him at the 
disposal of the editor. Some other papers have been kindly 
furnished by the Secretaries of State of New York and Con- 
necticut, from their public archives. 

The concluding documents in the volume appertain to the 
history of the privateers and pirates, which infested our waters. 



REMARKS. VTI. 

nmonp; wliicli the notorious Captain Kidd appears. The fa- 
(!ilitios witli which privateers' commissions were obtained of 
the authorities led to serious comphxints, and involved the Colo- 
ny in many difliculties. For the papers illustrative of these, 
which are inserted where the events are referred to in the leg- 
islative proceeding.s, the editor is also indebted to Mr. Brown. 
PnoviDENVH. :\Iav. 1858. J. 1«. V,. 



RHODE ISLAND RECORDS 



Ell ODE ISLAND RECORDS 



Proceedings of the Gcnerall Assemhl/j held for the Collomj of Bhodc 
Inland and Providence Plantations, at Newport, tJtc oOth daij 
of April, 1G78. 

JNIr. Boncdict vVrnold, Governor. 

iNIajor John Cranston, Deputy Governor. 



ASSISTANTS. 



Mr. James Barker, 
Capt'n Peleg Sanford, 
iMr. Joseph Chirkc, 
Mr. John Whipple, Jun'r, 
]Mr. Stephen Arnold, 



Mr. Thomas Olne}', Jun'r, 
Capt'n Samuel AVilbore, 
Capt'n John Albro, 
Ca})t'n Jolni Greene, 
Mr. Samuel Gorton, 





For Ncvport. 


Lieut. William Correy, 


Mr, 


. Calel) Carr, 


.Mr. William Wilbore. 


Mr 


. Thomas Ward, 


For War wide. 


I\Ir. 


Edward llichmond. 


Air. Walter Todd, 


.Mr. 


John Greene, 


Mr. Thomas Greene, 


.Air. 


James Barker, Jun'r, 


Mr. Elza Collins, 


:^ir. 


John llogers, 
For Providence. 
. Edward Enman, 


Mr. John Carder. 


Mr 


For New Shorchani. 


Mr. 


Saiiuiel Bennitt, 


Capt'n John Sands. 


Mr. 
Wil 


Thomas iVrnold, 
liani Ilaukins, Jun'r. 




Fur Fast Greenwich. 




For Portsmouth. 


Searii;aTit Clement Weaver 


Mr. 


John Sanford. 


Sorcreant Thomas DmiLin'n. 


Mr. 


lluuh Parsons, 





4 RECORDS OF THE COLONY OF RHODE ISLAND, [1678 

The Deputy Governor chosen Moderator. 

John Sanford chosen Gierke. 

Voted, John Remington, Jun'r, Thomas Coddington, Richard 
Barnes, Josias Arnold, Henry Timberlake, and Philip Long, all 
freemen of the towne of Newport, are admitted freemen of this 
Collony. 

Voted, William Coggeshall, Joseph Nicolson, Sen'r, Joshua 
Coggeshall, Jun'r, Benjamin Hall, Thomas Cornell, Robert Ha- 
vens, William Wilbore, Jun'r, John Cooke, sonn of Thomas 
Cooke, Stephen Brayton, Gyles Slocum, Jun'r, and Thomas 
Brigs, freemen of the towne of Portsmouth, are admitted free- 
men of this Collony. 

Voted, J^lalachi Roades, Thomas Hopkins, Joseph Stafford, 
Peter Green, Jonathan Knight, John Houldon, James Carder, 
Henry Knowles, and Hugh Stone, all freemen of the towne of 
Warwick, are admitted freemen of this Collony. 

Voted, This assembly is dissolved. 



At the Generall Asscmbli/ and Election held for the Collony at 
Neivjwrt, the Ist of May, 1678. 

The above named Magistrates and Deputyes, members of 
this Assembly. 

Voted, That Mr. Samuel Gorton and Mr. Caleb Carr are ap- 
pointed to receive the votes from each person, and if any votes 
be brought double, they may open them, and soe deliver but 
one into the hat from each man. 

Voted, Capt'n Peleg Sanford and Mr. Stephen Arnold are 
appointed to open the proxies. 

Voted, John Sanford and Lieut. Edward Richmond are ap- 
pointed to write the names of those that vote. 

By the Election, was chosen the following, who were sev- 
erally engaged. 

GOVERNOR. DEPUTY GOVERNOR. 

Mr. Benedict Arnold, Scn'r. Major John Cranston. 



1678.] AND PROVIDENCE PLANTATIONS. 5 

ASSISTANTS. RECORDER. 

Mr. James Barker, John Sauford. 

Capt'n Peleg Sanford, general sergeant. 

Mr. Joseph Clarke, Thomas Fry. 

Mr. Stephen Arnold, general treasurer. 

Mr. Thomas Olney, Jun'r, Capt'n Peleg Sanford. 

Mr. John Whipple, Jun'r, general attorney. 

Capt'n Samuel Wilbore, Lieut. Edward Richmond. 

Capt'n John Albro, solicitor. 

Mr. Samuel Gorton, Mr. Edmund Calverlye. 

Mr. Thomas Greene. major. 

Deputy Governor Cranston. 

Voted, That whereas Mr. Benedict Arnold, Sen'r, is by free 
vote of the people chosen Governor, and he being soe ill that 
lie cannot come to the Assembly, the Deputy Governor, with 
^Ir. James Barker and Capt'n Peleg Sanford, Assistants, and 
the Recorder, are empowered to goe to him and receive the en- 
o-ao-ement from the said new elected Governor. 

o o 

Voted, Whereas in the late unhappy war with the Indians 
in the year 1676, there appearing great a necessity of calling a 
Court Martiall in Newport, in his Majesties Collony of Rhode 
Island and Providence Plantations, the 23d of August, for the 
then present tryall of a certain number of rebellious and tray- 
terous Indians, prisoners, then in safe custody of prison, which 
Avith great care and prudence of his Majesties Justices of this 
Collony, together with the commissioned officers of the several 
traine bands, was held in Newport, aforesaid, a Court Martiall 
for the tryall of the said Indian rebeUs, and such of them as 
were found guilty of such crimes as deserved death were by 
order of the said Court executed. And whereas, all the writ, 
ings and papers that doe concerne the said Court Martiall, are 
in the custody of Lieut. Edward Richmond, who was Gierke of 
the said Court, should have been delivered unto the then Sec- 
retary, Mr. Richard Bailey, to record in the Booke of the Gen- 
crall Council!, which hath not been done, and the said Mr. 
Ri(.'hard Bailey being deceased : This Asseuibl}^ doe order, that 



6 IIKCOUDS OF TIIE COLONY OF UIIODF, ISLAND, [1()T8. 

tliu said pa]i(M's shall be doliverod niito the Goiiciall liccordor, 
to 1)0 recordiMl in the Bookc ol" tlio Gcuorall Court of Tiyalls. 
And alsoo the Ivccordor shall draw out and give unto Major 
ddhn Cranston, who was presidoiit of the said Court Martiall. 
e.ipys of all the said Court's proceeds, and the charge thereol' 
1u he hornc Ijy the CoUony; and the said copys to he deli\'er(Ml 
witiiin teun days after the publication ol" these orders. Alsoe, 
that the proceeds of the Court ^lartiall held the 2 1st of June, 
1077. shall, after the recording of the fonMuentioned acts, he 
recorded l»y the Recorder in the said IJouke of Tryalls, on 
puldick charge. 

\'oted, AYhereas, his Majestic in his most gracious PatttMii 
hath bonntifully been pleased to declare, order and connnand, 
that the Gcnerall meetinge or Assend)ly of this Collony shall 
consist of the Governor, or Deput}^ Governoi-, aiul six of the 
Assistants, at least to be seven, with soe many of the freemen 
^vhich shall be elected by the freemen of the rcsp(^ctive townes, 
according to the Chartei-, and then present at smh Assemhh-. 
And ni:)t in the least doubtinge his Royall Majesty's reall 
meaninge and intent therein was, and still is according unto his 
express words of his Pattent : It is therefore ordered by this 
Conrt and the authority thereof, That the Gcnerall Assembly 
o'.' this Collony shall be the Gijvcrnor, or in his absence the 
I)o[)uty Governor, with six of the Assistants, and soe many of 
the freemen as shall be elected in each respective towne, ac- 
cording to the Charter, or the major part of them then present, 
who shall have full power and antliority to make, constitute 
and enact such laws, orders and ordanencos as to them sliall be 
duly judged to bee for the good and weall of this said Collony 
and the inhabitants therein, according to the Charter ; and to lay 
such nnilcts and rates upon the inhabitants thereof as shall be 
necessary for the piiyment of debts or otherwise, for the niain- 
taininge, prescrveingc and upholding the Chartei', and the 
great priviledges and libertys therein so graciously gi-anted. 
Vett it is the real intent and mea-ning hereof and hereby <'ii- 
actod, that wm' rate, tax oi- mulct shall be lnyod oi' impdsod i-p- 
on the iidiabitants of this Collony, before that ea«'h rcspectivi- 



lOTS.] AND PROVIDEXCE PLANTATIONS. 7 

lowuc within the same have leg.all notice by warrant from tlie 
'-Governor, or in his absence or by his permission, tlie Deputy 
< lovei'nor, tliat such rate, tax or muh-t is to be assessed, that 
soo tlie respective townes may accordingly Ity tlieir represen- 
tatives give their due attendance ; any hiw, act, usage or cus- 
tom to the contrary in any wise lieretofore, notwithst;inding ; 
and in pnrticular the law made at the Generall Assembl}' the 
oOth of Octoljer, 1G72. 

\'ot(^d, That a petition presented l)y John Spencer. ChMnent 
AVcawr and Philip Long, is granted Ity this Assembly ; and 
llicy havcing tlierein desired that men shall l>e appointed to 
la\' out the lands of East Greenwich, this Assembly doe o-ive 
power to the petitioners and partners in said Greenwich to ap- 
point oiie or more to lay out the said towneship, and devide 
the great devisions, and when said land is survaA'cd and layed 
out. it is desired that Mr. Samucll (iorton and others of War- 
wick, and any other place, may be present if tliey will take 
the paines, to see that the said land be fairly layd out, soe as 
not to intrude upon the lawful! rights of any others. 

Voted, I'pon a petition of Samuell Bennitt, for to l)e accom- 
nmdated with an equall right or share of one hundred acres of 
land in the township of East Greeinvieh, with the rest of the 
ireemcu of said towne, the said land is granted unto tho said 
Samuell IJeiniitt on the same conditions a.s it was lormorh- 
granted to others the freemen of the said towne ; if aii\^ of the 
said former freemen relinquish their grant, and if it soe shall 
fall out that lie cannot be accomodatcnl there, he is to have the 
like proportion in the next towncshi]), of five thonsaiid a<a-cs 
lo 1)0 layd out. 

\'oteil, AVhereas, there is a ])etition preseided to tliis Asscmii- 
bl\' relating to the sin-uriiig the estate of banki'iipts, to the nid 
it might be e(iually distributed to pay all just debts due out of 
the same, according to jiroportion, and that the estate of baiik- 
rujits may not be privately concealed, or fraudulently impropri. 
ated to wrong, abuse and injure the true creditors of such 
1)ankrupts' estates, contrary unto the statutes of Queen Eli/a- 
betli and King dames in such cases made and jirovided. 



8 RECORDS OF THE COLONY OF RHODE ISLAND, [1678 

The Court haveing taken the matter into their searious con- 
sideration, and that a due, just and legall proceed might be ad- 
ministered according to the reall intent and meaninge of the 
statutes above recited, doe by the power and authority of this 
Court, enact and declare, that five juditious and understanding 
men shall be elected and chosen Commissioners, and have 
hereby the whole and sole power of Commissioners of Bank- 
rupts conferred unto them as fully to all intents and purposes, 
as is expressed in the aforesaid statutes ; and that they, or the 
more part of them, have full power and authority to make an 
equall distribution of such bankrupts' estates. That is to say, 
to every of said creditors a proportion rate, and rate like ac- 
cording to the quantity of his or their debts ; and that such 
Commissioners and the more part of them, are hereby empow- 
ered to meet together, to consult, agree and determine the 
equall distribution as aforesaid, from time to time, untill such 
time as they have fully perfected the same ; as alsoe to consti- 
tute and depute such officer or officers as to them shall be 
found requisite and needfull for the mannagcinge and full car- 
rying on the power and authority of the Commissioners or more 
part of them, by the due execution of the orders, judgments, 
rules, directions and sentences as from time to time they shall 
receive. 

And further, it is hereby ordered. That the said Commis- 
sioners or the major part of them, shall sett forth proclamation 
according to the aforesaid statutes, that such creditor may 
thereby have notice to appeare and make forth what they can 
demand from the estate of such bankrupt The persons elected 
and chosen the Commissioners of Bankrupts, are Major John 
Cranston, Capt'n Peleg Sanford, Mr. John Coggeshall, John 
Sanford, and Lieut. Edward Richmond, whoe shall upon their 
solemn oath sweare to doe equall justice to each person con- 
cerned, before they proceed to act in or concerninge the prem- 
ises abovesaid. And ordered, that a coppy of this act under 
the scale of the Collony, with the Recorder's hand, shall bee 
their suffitient commission to perform the premises. 

Voted, Whereas there is presented to this Court a petition 



1G78.] AND PROVIDENCE PLANTATIONS. 

l)y .T()]m l^'oaiics, Henry TibJjitts, and others therein concerned, 
and iKinicd, relatingo to pnrchase of hind by them made in 
the Xarragansett country, as appeareth more at hirge l)y a 
deed of sale of tlie same, bearing date the 1st of January, 
l(')Tl-2, in which said petition tlic petitioners desire a ratifyca- 
tion of tlicir said purchase. Butt fmdinge that part of the hmd 
by them chiimed according to their purchase doe intrench upon 
some part of those hinds ah-eady granted by the authority of 
this Collony to the towneship of East Green wicli, wee doe 
therefore order and appoint, that the towneship of said East 
Ctrccnvv'ich shall be first layd out with all the hinds thereto 
l)elonging, as is ah-eady granted, and then what lands shall re- 
maine within the purchase of the petitioners according to their 
deed, (hitcd as aforesaid : soe that noe part thereof may in- 
trench nor interfere upon any part of the former grant or 
grants granted to the people of the towneship of h^ast Ca'cen- 
wich, aforesaid, nor upon any other good and lawfull grants or 
purchase already made, or procured in the said Narragansett 
country. And what quantity of land shall otherwise remaine, 
and be within the purchase of the said petitioners as aforesaid, 
woe doc grant to the said petitioners and their partners all to 
the number of twenty-four two thirds parts thereof, with all 
commoditys and conveniences to the same belonging, to them 
their heirs and assignes forever; and one-third part of the land 
that shall be soe remaininge within the said pnrchase shall be- 
long to the proper use and benefitt of this Collony, to be dis- 
posed of as they shall see cause. 

Voted, This Assembly haveing taken into consideration that 
the office of a Major is of principal concernment with respect 
to tlie regulating of the millitia, and whereas, there is an act 
made October 31, 1G77, seeming to reibrr the choyce of a 
Major as aforesaid, wdiolly unto such as beare amies, soe that 
many of the antient freemen of this Collony may thereby bo 
debarred of their priviledge in voteinge to a matter of such 
groat consequence :■ therefore, this Assembly hath ordered and 
doe lierel)y declare, that henceforw^ard eveiy freeman in this 
Ciillony shall have IVee liberty to vote, provided they personally 

V0[,. III. 1 



10 RECORDS OF THE COLONY OF RHODE ISLAND, [1GT8. 

iippcarc in the elioyce of* a Major, together with the Traiiic 
Conipany at the thne of election or clioycc of sueli au olliccr 
as it is hereotfore prefixed and concluded, any former act or 
clause in any law to the contrary notwithstandiui:'. 

Voted, whereas, complaints are made to this Asscndjly of 
the disobedience of some of the souldiers of the Traine Bands 
in the refuseing to obey the conunands of their superior olli- 
cers and conunanders, this Assemltly doe referr the trvall and 
punishment of such olfenders to the Major, together with the 
major part of the Ca^itains and commissioned olliccrs of the 
several Traine Bands of Rhode Island ; as alsoe in all other 
matters of that nature, properly belonging to them. 

A^oted, This Assenddy is adjourned uidill the 12th day of 
Juno next, and then to assemble againe at the house of Mr. 
Henry Palmer, in Newport. 

Jum the 12///, 1G7S. 

According to the aforesaid adjournment, the Assembly called 
and satt. 

A^oted, Upon a petition presented to this Assembly, by Col- 
lonell William Crowne, how he may proceed to recover what is 
his due from the estate of the deceased Mr. John Paine, of 
Prudence, who deceased intestate. Upon long debate of that 
matter, and considering the laws made in sucli cases, this .\s- 
sembly, as their judgments in way of answer, doe declare they 
conceive it belongs to the Councill in any townc to be respon- 
sible for not doeing their duty in all such cases, tliat relates to 
intestates, according to law. 

Voted, Upon a petition presented by Edward Greenman to 
this Assembly, the matter therein contained haveing reference 
to, or being grounded upon a petition formerly presented to tliis 
Assembly, signed by the Honored Governor Arnold, l-^raucis 
Brinley, William Hedge, and Jahleel Brenton, coiicoriiinu- the 
estate of George Browne, and that there may be Cdiiunissionors 
appointed to order the estate of the said George Browne, as a 
bankrupt. This Assemldy had much serious debates, and pe- 
ruseinge and consideration of the laws in that case providinl. 



1G78.] AND PllOVIDENCE PLANTATIONS. 11 

Jiave and dou see cause to declare, that wee cannot find grounds 
by the laws of England, to proceed with the said Browne's es- 
tate as with the estate of a bankrupt. And in serious coiisid- 
cnition of the jjremises aforesaid, doe therefore ordaino, enact 
and declare, that the former order made b}' this Assembly, May 
the od, 1G78, concerninge the nominating, empowering and 
commissionatinge cert;dne gentlemen to be Commissioners of 
Bankrupts, shall be, and is hereby repealed, made null and 
vo}'d, to all intents and purposes, as if the said order had not 
l)Con made, any thing therein contained to the contrar}' here- 
of notwithstanding. 

A'oted, Upon a petition presented to this Asscndjly by lla- 
chill Andress, for a divorce from her husband Richard Andress, 
who for several years hath been absent from this Collony, and 
not hoard of wliere ho is; and probation made to this Assem- 
l)ly that lie, the said Andress had a wife in old Kugland, the 
Asseudjly doe see just cause to order, and doe grant a full re- 
lease and divorce to the said Rachill from her aforesaid hus- 
jiand, Andress. 

Voted, Whereas, there is a petition presented unto this 
present Assembly, by the inhabitants of the towne of Warwick^ 
and also another petition from jMr. John Foanes and Mr. Edward 
Thurston, for themselves and partners ; in both which the pe- 
titioners doe complaine that the men of East Greenwich in 
layinge out of the land to them granted, have very much in- 
trenched upon the lands claimed by the petitioners, contrary to 
th.e true intent of the grant, which is like to raise and occasion 
great strife and contention, if not speedily prevented. This 
Court haveing taken searious consideration of the matter, and 
ijeing very desirous to maintain the peace and tranquility wdth 
and amongst the inhabitants of this Collony, and incourage the 
inhabitinge of the Narragansett lands, in a lawfull, orderly way 
and manner : doe order and enact and it is hereby ordered and 
enacted by this Court, &c., That two honest and just persons 
skilfuU in the arte of survaying lands, be elected and chosen 
survaycrs to lay out the land granted, 'unto the inhabitants of 
Ivast rireenwicli, aocordinge to their grant; and the reall intent 



12 RECOUDS OF THE COLONY OF IIIIODE ISLAND, [1G7S. 

thereof', as allso to run AVarwick southerly line according to 
then* grant; and to ch'aw a draught of the lands claimed by the 
men of Warwick about Potowomett ; and alsoc of the lands 
claimed by John Foanes, Edward Thurston, and partners, with 
all other lands that the Court shall advise them to survay with- 
in this Collony, and true draughts thereof rcturne unto the 
Assembly. 

It is ordered by this Court and the authority thereofj That 
all persons whatsoever, that layeth any claime unto any lands 
in the Narragansett, Coessett, &c., by purchase or otherwise, 
from the natives, are to bring in their severall deeds of salc:> 
gift or other instruments by which they claim their title, unto 
the Generall Assembly, there to be confirmed or disallowed of 
that soc the lands now lyeth as waste and unimproved, may be 
settled in a peaceable, orderly way and manner, by the order 
of the Generall Assembly, and not to be entered upon by any 
person or persons whatsoever, untill further order given from 
this Assem])ly. 

And voted. That Capt'n Peleg Sanlbrd, and .Mr. Eonjamin 
Speere are chosen and empowered b}- this Assembly to be sur- 
vayors of the lands in the Narragansett, kc. hy this Assembly 
afore-appointed to be survayed ; and that the charges and sat- 
isfaction to the said survayers and help therein shall be borne 
and paid b}' the Collony. 

And further ordered, That the Deputy Governor, Mr. James 
Barker, Assistant, Capt'n Samuell Wilbore and Capt'n John Al- 
bro, Assistants, jNIr. Caleb Carr, and ]Mr. Thomas AVard, are em- 
powered by this Assembly to agree Avith the said survayers Ibr 
what they shall have for their service, and the time Avhen, and 
what they doe therein shall be as authentick, as if donelty this 
Assembly. 

Voted, Whereas, there was very lately in the towne of New- 
port, on llhode Island, very great hurt done to a small childe, by 
reason of exceeding fast and hard ridinge of horses in said towne, 
this Assembly takeing the aforesaid matter into their scarions 
('onsideration. and being desirous' for tho futnro 1o pro\-(Mil Iho 
like mischief, doe ordaine, and enact and declare, and !>\' the an- 



1G7S.] AND rnOVIDE-VCE rLANTATIONS. 13 

thoritv thereof be it ordained, enacted and declared, That from 
and after the publication hereof, if any person or persons shall 
presume to ride on either horse, marc or gekling, a gallup, or to 
runu s})ccd in any of the streets or highways, of the said townc of 
Newport, between the house that lately John Ilorndall lived in, 
and the house whore Thomas Clifton liveth, shall for his said 
oiiLMice p;iy or cause to be paid unto the Treasurer of tlie said 
townc five shillings in monc}^ on demand ; two shillings of Avhicli 
said five shillings shall by the said Treasurer be paid to give 
any person or persons, that shall give information thereof, and the 
other three shillings to remaine for the use of the said townc. 

And further it is enacted and declared by the authority afore- 
said. That if any person or persons offending as aforesaid, shall 
neglect to pay the five shillings to the said towne Treasurer, on 
demand as aforesaid, that then any one Magistrate inthis Collonv, 
is upon cumplaiut to him made, hereby empowered and re([uired 
to grant forth warrant to the Sergeant of the towne of Newport 
aforesaid, to take by distrainte the said five shillings, together 
with two shillings for his service therein, and to make relume of 
the five shillings by him distrayned, to the said townc Treasurer. 

Voted, The accounts presented by part of the Ciencrall Au- 
ditt. haveinge been seariously debated and considered, are 
owucil, and the sum therein mentioned, which is four Imndred 
and thirty seven-pounds, three shillings and tcnn pence, to be 
the Collony's just debt and due to pay. 

Voted, To be Conservators of the Peace, in the King's Prov. 
ince, for \V'\sterlv. Tobiah Sanders, and John Badcock. For 
Pctlacomseutt, !Mv. J iron Ball, and 2Av. Sa.'ji'acr. "-Villon. For 
Kings Towne, Mr. Thomas Gould, engaged, and Mr. John 
Greene, engaged. For East Greenwich, Mr. John Spencer, en- 
gaged ; Henry Tibl)itts, and John ]Mackandrcw, are ai^pointed 
Constables. 

And ordered. Thtit the Becorder shall give forth commis- 
sions to the said engaged Conservators, under the scale of the 

ColloU}'. 

\'o((^(k This Assembly tak'oing into' consid(MM< ion tlio Inws 
madf,' in the \-eare 1G17. and the N'care KiTB concerninue the 



14 



UKi.'OllDS OF Till': COLOXV OF RHODE l.SLAND, [1G78. 



orderingc tlio estates of persons dying intestate, or the execu- 
tor or executors refusing to administer; and in the aforesaid 
Lnvs the towne Cunncill or tlic major part of them are em- 
liowered to make an Executor, Avhicli said word being an im- 
})ro})cr tearme to be nsed in tliat case, this Assemldy doe 
tlierelbre ordaine and enact. That in the ruomo and place of 
the Avord Executor, there shall be phiced the word Administra- 
tor ; it being in that case the more proper and usuall tearme in 
the law. 

_A\)tcd, This Assembly takinge into consideration the many 
and liequeiit misbehaviours committed in this jurisdiction to- 
wards his ^Majesty's officers in the due and lawfull execution of 
their said offices, and the former laws made in this Collony 
Ijcing very short, and not fully declareing what shall be ac- 
counted misbehaviour, this Assembly doe there lore order, enact 
and declare. That where the law of this Collony doth not fully 
declare what misbehaviour is towards his Majesty's oflicers 
in tills Collony in the due execution of their said offices, that 
CNory person soe oflending, shall be judged by the laws of 
England in such case made and provided. 

A'oled, Wherea.s, there hath been a petition presented to this 
Assendjly Ity John Pebody and ]\Iary Pebody, late wife to the 
deceased James Rogers (Generall Seargeant,) concerninge the 
accounts that have been betweene the Collony and the said 
deceased (Cenerall Sergeant) James Pvogers, which said ac- 
CDunts have been dilligently examined b}^ the late Generall 
Audilt, whoe have declared that they find the ;!ccounts soe 
imperfect, that they could neither allow nor disallow the same. 
And forasmuch, as there doth appeare such difficulties and 
doubts in the said accounts, and to prevent furthei- trouljle 
thereabouts, this Assembly, with the free consent of the said 
petitioners, dee agree and determine that there shall lie and is 
hereby and eipiall, deer l>allance of all the aforesaid accounts 
l»etween this Collony and the said James Piogers; and that by 
this act there is a full and fvnall issue of ;dl dim reiiees relal- 
ing to the said accounts from Ihe bcniniMUii-e i<\' l!i;- \\ny\:~i 
unto this presiMit Assemble 



10 78.] AND rROVIDENCE TLAXTATIOXS. 15 

A^oted. AVhercas, there is a clause in the Major's commission, 
restricting said Major to the advice of tlie Coiincills oi' each 
I'cspectivc towne : this Assembl}^ upon consideration thereof 
doe see cause to make the said clause null and voyd ; and that 
fur the future, the said clause shall ))e wholly left out in the 
]\J;ijor's commission, and the Major for the future not to l)e any 
wise oljliged thereby, but to be wholly cleer thereof, as if the 
said clause had not therein been inserted. 

And further it is enacted. That if the jMajor see cause to as- 
semble the severall Companys together in amies, in military 
exercise, or soe many of the severall Companys as the JMa- 
j(jr shall cause to call and command together once or twice 
in the yeare, and oftcner if urgent occasion present ; the re- 
spective Companys by tlie Major soe Cidled, shall dilligently 
attend his commands therein. And every listed souldjer in 
the said Companys by the ^Major's Avarrants required to ap- 
peare, and not accordingly attendinge, shall be lyablc to the 
like penaltj^s and forfeitures, as arc by the law provided and 
injoyned on all those that appeare not or attend not on the 
severall training days by law appointed for the severall respec- 
tive days yearly. 

And alsue it is ordered. That the authority placed in 
the former laws and commissions relatinge to tlie militai-y 
conunanders, wherein the Towne Councills have power to 
order them, the said clauses and power therein gi^•en to 
each respective Towne Cuuncill, is alsoe hereb}- made ludl 
and voyd : and the severall military commanders are not 
longer to have their commissions under that injunction of 
observeing the advice and orders of the Councills of each 
respective towne ; but shall be only injoyned to the Cenerall 
Assemblys, the Governor, or Deputy Covernor, or Cenerall 
Councill's orders. 

Voted, It is ordered and enacted by this present Asseml)lv, 
That all the estate of John Carr, of what nature soevei', 
shall be seizable or l\'alde to be seized to answer the judg- 
ment and sentence of the last Generall Court of Tryalls, 
held in May last, to answer tlu^ cost and charu-e r('^atein^• io 



16 RECORDS OF THE COLONY OF RHODE ISLAND, [10 78, 

the same, acconling to the sentence of tlie said Court ; as 
alsoe the said Assenildy due give full and amjilc power to 
any two Magistrates to dispose of the body of the said 
Carr as a servant, to be transported to some other place or 
country, or otherwise as the said jMagistrates shall think 
meet, till the said Carr shall serve as an absolute servant, 
till all manner of cost and charges shall be defrayed by the 
produce thereof, as rclateing to the sentence and judgment 
of the said Court of Tryalls, and all other charges thereon 
depending ; and that the said Carr shall remaine in safe 
custody of prison according to the former sentence, till the 
performance of what is above declared. And that if ho the 
said Carr, be found within the limitts of this Collony after 
the said Magistrates have acted as according to the power be- 
fore given, the former sentence of the said Court of Tryalls 
shall stand good in all respects according to the true intent 
and meaning thereof 

Voted, Josiah Helling, and Joseph lUlling, Ijoth freemen of 
the towne of Now Sliuroham, are admitted fro.y.non of this 
Collony. 

A'oted, That the letter sent from Major Talcott, to our Tlon- 
ored Deputy Governor, shall be answered in the name and bc- 
Iialfe of the Assembh', by the Recorder. 

A^otcd, That the Recorder shall have three pounds, tenn 
shillings in money, or equivalent, for co})ys of this Court or- 
ders, to be paid by the towne of Newport ; one pound, five 
shillings, by the towne of Portsmouth; one pound by the? 
townes of Providence, Warwick, and New Shorcham, each of 
them eight siiillings, f nir pence. 

And voted. That the orders of this Assembly shall be soe 
copyed out and delivered on the 25th day of this instant, to 
the Towne Clorke, that they shall be published in the towne of 
Newport, on the 2Gth of this instant June, there to be pub. 
lishcd by tlie order of a Magistrate. And the other cojiys to 
be delivered soe that in each towne they mav be published 
within tliirty days of the ailjouriunent of tliis Assembly. 

Voted. This Assemblv is iidjoui'nod uiilil tlit; ];!st AVednos- 



1G78.] AND PROVIDENCE PLANT ATIOXS. 17 

<l;i\- in August next, or untill tlio Clovornor or Deputy Guv- 
<.'iMi()r shall sue cause to couveauo the same. 

N'olei], I'lton the petition of Margaret Smith, lier fornuM- sen- 
tence ofheinge inca[>al)le ofgiveing in eN'idencc in an\' case, and 
thei'chy stands as a perjuri.'d person, is remilled. null and \'e\'d. 

\'uted. Upon the petition of John I'earce Mason, that he 
may he dismissed of the Court's grant to him foi' lands at l']a>t 
Oreenwich, and that Henry ^Jatliewson may h'' accepted in his 
roonie, the said petition is granted, and th(> said Mathewson is 
acceiited in the roome of said John IVarce, he the said Mathew- 
son performinge th(j Assen^hly's foi'inijr injunctions eoncearning(; 
tlie said lands. 

^"oted, Upon the petition of Mi\ Thomas Greene, John 
Tooly, William Foster. Peter Wells, and John Sh.ddon, to he 
accommodated with lands as Kast rireenwich men are. their p(> 
lions are granted, and they are to be acconnnodated in the next 
diA'ision of the ten thousand acres formerly granted, on the same 
conditions others are. ^ 

Avgmt I'^th. 

At the re-meeting of the Assembly the 2Sth of August, 
1778, accoi-dinge to the aforesaid adjonrnment. 

Voted, Whereas, our late Governor, Benedict Arnold, is de- 
ceased, this Assembly doe forthwith jiroceeil to the election of 
a Governor in his roome or }ilace. 

Mr. AVilliam Coddington, chosen Governor and engaged in 
the Assend)ly. 

A'oIimI, That some persons be sent from this Assend)ly unto 
[Mrs. Arn(»ld. widow to the deceased Governor Ai'nold, ami 
from her demand and receive his Majesty's Charter of this Col- 
lony. and all other parchments and Avriteings that were in the 
said deceased Govci'iior's custody. l)elonginge to this Collony, 
and retnrne what they soe receive unto this Asscnd)ly, and to 
give the said Mrs. Arnold, in the name of this Assend)ly, a. 
full discharge for what they receive. 

The persons appointed and empowered arc, Ca])t'n l\deg San- 
ford. Mr. John Whipple. Capt'n John Albro, Capt'n Samuell 
Gorton, Assistants; and John Sanford. 

VOL. in. 2 



IS 



Ki;(;nlU.S OF THE COLONY OF RHODE ISLAND, [1078. 



Vi.t.-.l. TIi;it t!ic rotunie of tho Coiiimittc;' scut to Mi-s. Ar- 
ii'jid. liL' L'lilcrLMl oil ivcord. it bciii<;- :i copy of llirir n^'cipt 
l^'wcn to her, und they luiveiiig rctunicd tho itarticuhir.s tlieiviii 
moiilioiied. 

Voted. There was a printed p;i])ei-, entitled an advertise- 
ment, snbserihed hy Simon IJradstreet, John SaHin. and l-llisha 
Ilulehinson, dated in Boston, the oDth of .Jnl\', KiTS suleiio'- 
theuL<elves a Committee, to act iu beh:dle of eertaine gentle- 
men of New Kngbind, in the disposition of tlie hinds of Narra- 
gansett and Niantiek countrys f Ijy them untruly declared to he 
under the government and jui'isdiction of the Collonv of Coimee- 
tjeut. notlnvithstamjinge his Majesty's grant of the said lands is 
not unknowne unto the said persons, to be given and granted un- 
to the free inhabitants of his Collouy of Khode Island and Provi- 
dence Plantations, which said paper was by said John Sanin 
sett up in the towne of Newport, whoe Ibrthwith tied olf the 
Island from the hands of justice, &c. 

These are therefore to signify, publish and declare, unto all 
[•ersons whatsoever, and to iirevent the trouble and damage, 
wrongs and injuiles that hereafter may happen and befall unto 

* AN adveutisp:ment. 

Wlieroa?, the Lands of Narragan?ott, and Niantiek countrjcs, am] parts adjacent, 
arc pLnces very pleasant and fertile, fit and commodious for Plantation, and several 
townshijis : the true and legal right whereof Ixilongs to certain gen'Iemen in New 
Euiilainl (tlie mo>t part of them dwelling v/ithin the Colony of the .Massachusetts), 
hv purclias" from the chief Sachims, that were sole ])roprietors of the same; and was 
since allowed and approved by the Honoured Commisioners, of tho United Colo- 
nv.i. and recorded in the Book of Records for the Colony of Coiinecticot, under 
wiiicli government and jurisdiction the land aforesaid Iveth. 

These are tliercfore to certifse and inform all Christian j^eople, that are willing, 
cr may be desirous to settle themselves In a regular way of townships on the said 
lands, that they may please to apply themselves to the yubscribers hereof in Boston, 
who are by the said gentlemen, the proprietors, chosen and ai)pointed a Committee 
to ;!.,l In any of their concerns touching the premises; with whom all such pei-sons 
may treat and agree on verv easie and reasonable terms.— (./. Carlvr Jirown's 3fss., 
\'oL II.Xo.lVJ.) 

SLMOX EnAP-STUKKT, 
-JOHN SAFLMN, 
EM SI I A HL'TCIHNSON. 
ibt.-d in I'.n.t.^n. the j.'ih of Jidv, 1078. 



1G7S.] AND PROVIDENCE PLANTATIONS. 10 

thoni or any of them, that shall be induced by tlieir falaeiuus 
claiuH's nftitlo and government to enter thereon, that tlic gov- 
eriinu'iit and disjiosition of" the said lands is in ti'utli belonging 
unln his ^lajesly's Colhrny of Rhode Island and ProNidence 
riantaliiins : and that they are in aetnall possession of the 
same. And doe therefore in his Majesty's name, foi'i'wai'ne. 
proliibitt and forbid, all persons whatsoever and under vhat 
pretence soever, to enter into or take possession of any the said 
lands, without the approbation, leave and authority of tlic Gen- 
eral! Assembly of this Collony. 

])utt that they, or any of them soe doeing, shall be tak(m and 
deemed as intruders, mollesters and disquieters of the peace of 
his Majesty's suljjects in this Collony, and shall be dealt with- 
all. ami piossicuted accordingly. 

A'oted. That the Gierke of this Assembly is to su])scril)c to 
tills ;;rt afortMvritten, in the behalfe and order of the Assenddy, 
and forthwith to send two copys of them unto any one Assist- 
ant of eacli of the townes of Newport, Providence, Portsmouth, 
and ^^''ar\vick, and two for Westerly, two for Greenwich and 
Kings Towne, and one for Pettacomscutt, to be sent to any As- 
sistant liclonging to Newport, to be sent to the places above- 
said : to be publickly sett up at such place or places as the 
Assistant, and Conservators of the respective townes shall judge 
most \\\('v{ and convenient. 

\'otcd. That the Pvecorder doe forthwith draw out one copy 
of tlie aibresai.l act, that it may this day, August the oOth, 
by beat of drum be published in the towne of New})ort. 

A'otcd, Whereas, a petition hath been presented to this As- 
senddy. signed by Nathaniell Colson. said to be in Indialf" of 
Miles Forster, bearing date the 4th month, called June, 1078, 
concerning the action that hath been legally trycd at two Geii- 
erall Courts of Tryalls, betweene Capt'n Peleg Sanlbrd, plain- 
tiff, and said rallies Forster, defendant. This Assenddy con- 
ceive that it doth not pro}ierly belong to them or anywise 
within tlieir recognizance to judge or to rever.se any sentence 
or judgment passed by the Generall Court of Trya.Ils. acc(,rd- 



20 P.KCORDS OF THE COLONY OF RHODE ISLAND, [1678. 

int; to law, except capitall or crimiuall cases, or mulct, or 
fines. 

Voted, Whereas Mr. William Brinley, cm})()were(l Commissa- 
r}'. hath })e{iti{)iie(l this Assembly to take out of his custody 
the remaining part of the powder belonging to this Collony in 
his custody. 

This Assembly doc desire and empower the Deputy Gov- 
ernoi' and Capt'n Peleg Sanford, to receive the said [)(iwder, 
and to the best of their discretion secure the same ; and alsoc 
to auditt the said Commissary's accounts, and returne the 
account forthwith to the next Henerall Assemldy. I^utt \\\Hm 
urgent occasion, the said Dei>uty Governor and Capt'n l*eleg 
Sanford have power to make use of tlic said powder, or any 
part thereof And they are empowered to give the said ^h: 
Willi.am Brinley a full discharge. 

Voted, That the acts and orders of this Assembly this last 
adjournment, shall be copied out, and given under the scale of 
tlic Collony by the Recorder, by the last day of September 
next, for the townes of Newport, Providence, Portsmouth and 
W^arwick ; and shall have for those copys and the severall 
copys to be sett up at the severall townes, the sum of fd'ty shil- 
lings in money, or equivalent. The towne of Newport to })ay 
twenty-two shillings ; the towne of Portsmouth thirteen shil- 
lings ; the townes of Providence and Warwick, each seven 
shillings, six pence. 

A^oted, This Assembly is dissolved, August 31, 1078. 



ProccciUngs of the Gcncrall jUscmbI// held for the Colbnui of 
llliode hland and Providence Plantcdious at Ncieport, the 'i,()th 
<^'^.'J (>f October, 1078. 

Major John Cranston, Deputy Governor, chosen Moderator. 
John Sanford, llecorder, chosen Gierke of the Assend.dv. 



1078.] AND PROVIDENCE TLANTATION.^. 21 

Voted. Tliis Assembly is adjouriieil till ^ronday, tlie llli of 
of XovLMuber next. 

Norcnihcr the \lh. 

The Assembly called and satt. 

Voted, That the })etition of Mr. Caleb Carr and ^Ir. Franeis 
Bi'iuley, on the l)ehalfc of themselves and the propi'ietors, for 
Qnononoqutt Island to be made a towneship, shall be llrst adje- 
tated and debated. 

Voted, That the said petition is granted ; and that the said 
Qnononoqutt shall be a towneship, with the like pri^'iledges 
and lil)ertyes granted to New Shoreham. 

Voted, This Assembly is adjourned untill Friday, the 8th 
instant, one of the clock, after noone. 

Norcniher ilie Wi. 

Tlie Assembly called and satt. 

Vtited, That the matter concerning raising moneys for the 
])ayiiient of the Collony's debts, shall be first adjetated and 
determined. 

A'oted, This Assembly haveing taken into their serious con- 
sideration the gi'cat necessity for the raisinge of monc3's for the, 
]>ayiug and defrayeing of the Collony's debts, it is thei'efore 
by this Court and the authority thereof, ordered, enacted and 
declared. That a Icvie, tax or rate, to the valine of .£300 sterling, 
shall l>e assessed on the freemen and inhabitants of this Collony. 
;is folio wcth, that is to say : either in money or in provisions, good 
and merchantable at the money price: Newport, £130; Pnni- 
dence, tenn pounds ; Portsmouth, sixty-eight pounds ; War- 
wick, eight pounds ; Westerly, forty shillings ; New Shore- 
ham, twenty-nine pounds ; Kingstowne, sixteene jiounds ; Fast 
Gi'eenwieh, forty sliillings ; Jamestowne, twenty-nine })oun(ls : 
tliat is to say, one lialf of what eaeh the last eight respective 
townes are assessed, is to be paid to the Generall Treasurer, at 
his house, in Newport,in moneys or provisions at money prices, en 
or before the hist day of ■March ; and the other half to l)o paid 
in money and species, as afore expressed, before the last <l;iy 
of Nuvendjcr following, ,1079. 



99. 



RECORDS OF THE COLONY OF RHODE RSLAND, [1G78. 



Aiid if ;!ny person sliall refuse or neglect to pay liis or lier 
or their rate, tliat he, lier or they shall be assessed by the iree- 
]ueii oi" the respective townes aforenamed, within the time or 
times afure in this act limittcd and mentioned, the same shall 
bu taken from him, her or them, to be distrained by virtue (.f 
v/arrant from the Governor or Deputy Governor, or any one 
Assistant or ^Varden, or Conservator of the Peace, belonging 
unto v.wy the respective towncs aforenamed, to tlic Generall 
►Sei'geant, or his De})uty, in the respective townes a.foresaid, 
who are to returne the same unto the Generall Treasure)-, in 
>*'ewpiirt, albresaid ; and for his or their ser\ice therein, to dis- 
traine for tlieir fees. 

And it is further enacted l)y this Court and tlie autliority 
thereof; Tliat the Governor, Deputy Governor, or any one As- 
sistant. Warden, or Conservator of the Peace, is hereby or- 
dered within their respective towncs, to call the freemen of the 
said towncs together, and require them to make or else to 
chitose freemen of the said towncs to make an e([uall rate ac- 
eordiug to tlieir best understanding amongst tlie freemen and 
and inliabitants of each respective towne. aecordinge to each 
respective towne's assessment. The rate to be })aid in the sev- 
erall species f dlowing, or in money, &c. : good merchantable 
pork, at two pence per pound, fresh or in barrills, good and 
merchaiital)lo, well packed, fifty shillings. Good mcrchantaljle 
beel'c, at twelve shillings per hundred, fresh or in liarrill, good 
ami merchantable, well re-packed, thirty sliillings ; pease, at 
two sliillings, sixpence per bushell ; Indian corne, at tu-o shil- 
lings p(jr Iiuslioll ; barley, at two shillings per bushell ; good 
liai'lcy mauU, at two shillings, sixpence per bush.ell ; shecjis' 
wof'li well washed., good and merchantable, at sixpence i)er 
]»ound ; good butter in the firkin, good and mcrchantabh*, at 
five [jonce the pound. 

A'oted. AVhoreas in October Court, KuG, Mr. Phillip Smith, 
and ^h. Kichainl Dailey, Executors to Mr. John Claike's estate, 
deceased, })etitioned to said Court demanding a hundred pound, 
currant money of England; that Court considering of the said 
demand, and the several! transactions pf some Assemblys not 



1078.] AXD PROVIDENCE PLANTATI'iN?^. 23 

jiLiTering with the said demand, nor according to other | nynuMils. 
did then dehherate to inquire into accounts helween thi,' said 
Mr. John Clarke and tins CoUony, and aiipointed ^Jr. John 
Easton, Mv. William AVodell, Mr. Caleb Carr, and the rujcoi'der, 
to examine the accounts of said Executors ; and whereas as noth- 
ing has been as yett done in the premises, this Assembly doo 
suspend the payment of the demand by said Executors. ;iiid d.io 
order the first three men mentioned, with the present Re>'ordcr. 
John 8;niford. with ^Ir. Francis Brinley, and Mr. John Coggos- 
halL whoe is added, they or the major part of them to examine 
the accounts of said executors, compareing them with the Ibrm- 
er transactions of Assemblys and payments, and bringe in what 
they fmde, to the Assembly in May next 

A'oted, This Court haveing taken into consideration tlic- 'ii^bate 
that is and lyeth between the two towncs of Newport and ]^)rt^- 
niouth. concerning severall Indians that were brouglit in. and 
that voluntarily came in themselves unto the respcetivi' towno 
afui'esaid, in the time of the late Indian warr. and being chicl- 
ly desirous to maintainc. uphold and preserve peace, love and 
amity, and for the prevention of all future diU'erences and dis- 
cord that nnght arise, grow and be betwixt the aforesaid townes 
rolateing to the said Indians ; 

It is ordered by this Court and the authority thravdi'. Tliat 
all the Indians that were either lu'ought ov(-r or di' liioni.-f'lvo- 
came volluntarily into any ]tart or place belonging unto the 
towneship of Newport, the profitt and pro<luce of thi'in or tb.e 
Indians themselves, if not disposed of according to the C^uncill's 
order, 2-lth July, 1G7G, shall only be for, and revert unto the 
use. Ijcnefitt mid behoole of the towne of Newport : and that all 
Indians that were either brought over, or of thcmselvos came 

lluntarily into any paii: or place beloiiginge unto the towne- 
shi}) of Portsmouth, the profitt and produce of them sliall only 
be for and revert unto the use, benefitt and behoofe of tlie .said 
towne of Portsmouth, for the defraying of their cliargi- of the 
late Indian warr. 

Notwithstanding any former law, act* or orders t'> t'.K.' con- 
tniry. it is further ordered^ That the towne of Newjiuii sludl 



24 KECORDS OF TflE COLONY OF RHODE ISLAND, [1G7S. 

cliodse inuf iiKMi. Mild ilic to\vn(3 oC Port.-iiioulli lonr iikmi, to 
meet iiiMUi or li('li>rc the loth of Jauuury next, at the house 
of Mr. (.ieoii:e Lawtoii. in Portsnioiith, to adjudge and audilt all 
aecf Hints (h'pendiuL;- between tlie said two lowiies relatciug and 
only urowiui;- 1>y reason of the late Iiuliau warr, that soe the 
towne falling in deht, may take speedy course and care for the 
liayiucnt of what it shall he found in deht unto the other 
towiie : and that the eight men soe chosen by the said townes 
nr the major part of then), have full power to adjourne from 
lime to time, untill such time as they have fully perfected the 
matter c<tmiiiitteil unto them. 

X'oted. That wliereas, our late IIonorcMl Governor William 
(A)ddiiigton. J']s(piire, is deceased^ this Assembly dt>e forthwith 
jiroceed to the election of another in his roome or stead. 

]^Iaj'or John Cranston is chosen Governor, and engaged in 
open Court. 

Mr. James I>;irker is chosen Deputy Governor and en- 
gaged. 

\'otod. Whei'cas the Dei)uty Governor. John Cranston, is 
cho.^eii and engagtMl to the pLice and olhce of Governor, he is 
by this Assemhly absolved from his Ibrmer engagement to the 
oilice of Deputy Governor. 

-\nd iiisoe ?>lr. James Barker being engaged in the }dace of 
Dej>uty Governor, is by tliis Assembly absolved from his en- 
gagc-mt'iit to the olhco of Assistant. 

N'oti/il. AVhereas Mr. James IJarker, who Avas the first Assist- 
ant, is fhosen Dejjuty Governor, the two next Assistants are to 
succeed in ordei", and that upon their former engagement, and 
a third Assistant be chosen. 

Mr. Cidvb Ca;r cliosen Assistant, and cnagr.ged. 

A'ot'MJ. That a Committee be sent from this Assembly unto 
Airs. Ami Coddiiigton, widow to our late deceased Honored Gov- 
ernor, and -of hei' demand and receive the Charter and all other 
^nilings th;it were in the late GoA^crnor's custody a.nd belong- 
ing to this Collony ; and ]ia\e power to give the said .Mrs. Cod- 
dingluii a full discharge in the behalfe of this Assem])ly for 
wiiat they recri\e. The persons chosen, are Capt'n Peleg San- 



1078.] AND rROVIDEXCE PLANTATIONS. 25 

llinl. C;i[ifn John Albro, Capl'ii Arthur Fciinrr, Mv. Joliii Cog- 
iicsliall. and tho Ilecorder, whoo are to vutunio wlial they se re- 
cei\e unto this A.sseiuhly. 

That the aloreuamed Conunittoe nre empowered to demand 
and receive irom the Executors of the Lite deceased Mr. John 
Chirke, the duplicate of the Charter, and give a full discharge 
for the same, and returne it to this Assemldy. 

A'oted, The Connnittec ap[)ointed to goc to jNIrs. Coddington, 
for the Charter, and for all other writeings l)elonging to the 
Collony. in the late Governor's custody, have according to their 
ti'ust, retiu-ned what they received, and tlie r(3cei[)t hy them 
given to lie entered on record, and they are conunitted to the 
present Ciovernor's kee[)inge. 

Alsoe. the}' having received the (lu[»licate of the Charter, 
have deli\ered it unto this Assemlil}', and aie discliai'ged 
thereof; ami tlie said duplicate is conunitted to the keeping of 
the jiresent ]3e})uty Governor. 
[Here follows the receipt.] 

]>y order and appointment of tlie Generall Asseml>ly, held 
for his Majesty's Collony of Rhode Inland and l^'mident'e ITan- 
talions, and sittinge the l4th of Xovend.ier, 1()T8. wee whose 
names are under written, doe owne wee ha\e recci\ed of 3.1r. 
Tiiouias Ward, of Newport, one of tlie assignes of l]i(,> laic de- 
ceased Mr. John Clarke, the duplicate of tiie Chartei', sealed 
wit!i }'e!lou- wax, containing three sheets in parchment, with 
this iiromise, that if it shadl appeare that the said duplicate ])y 
any act of the fjnner Assendilys doth heli^ng luito the Execu- 
tors of the said John Clarke, deceased, then to he truly re- 
tui-ned.''= 

AVitness our hands, the 15th of November, 1078. 

PEL]^:G SAXl-ORD, 
JOHN COGGESllALL, 
JOHN SANFOPvI), 
JOHN ALBRO, 
AllTHUR EENNER. 



* T'ni^ rocfipt is iiiycrtLMl, ns niviii'j tlic history of tliu duplii'atc c-opy of the Ch;ir- 
ler ot' loij;!, which is in the Secretary's ollice, and in excellent pres'irvalion. 



2G RECORDS OF THE COLONY OF RHODE ISLAND, [1G78. 

Voted Wlicivns tlu' Generall Assembly in M:\y l;ist, did m^o 
cause to ai.jx.iiit two j.orsoiis to bo snrvayers of lands in the 
Naira.uansott country, as more fully is expiT'st in the act ol'the 
said Assembly, the persons then appointed, being Capl'ii Pole"- 
tSanford, and .Mr. Jjenjaniiii Speere, and they as yett not liave- 
ing done an3'thino- in that respect ; and whereas Mr. l^enja- 
luin 8pccrc, one of the persons then appointed, is gone out of 
the country, therefore, that the said worke may not be ricglcct- 
ed, and that the matters may be truly stated, according to the 
true meaning and intent of the As.senddy, this Assembly doc 
!il)poiiit and empower John 8nu'th, inhaljiting at Newport, in 
the roome of licnjamin Speere, to join with Capt'n Peleg 8an- 
fcrib and assist him in the performanee of that worke, and 
make returne of what they doe in the premises unto this As- 
sembly, if they see cause to adjourne, or else unto the next 
Asseml>Iy. 

And it is further ordered. That whereas severall gentlemen 
were liy the said Assembly in Mr.y last, empowered to agree 
with the then ai)pointed survayers what they sliould have for 
their service, to be i)aid them by the Collony, and alsoe the 
tune when they sliould proceed in docing it, and tliev not 
haveing anything 1)y them done in that respect, this Assembly 
doe now appoint and empower the Governor, the Deputy Gov- 
ernor. Ca}.tain John Albro, and Mr. Caleb Carr, Assistants, 
Mr. John Coggeshall, and Mr. Thomas Ward, or major part of 
them, to agree as aforesaid, with the now appointed survavers, 
and what they .loc therein, shall be as authentick as if d(»ne by 
this Assembl}-. 

Voted, That the survayers, Capt'n Peleg Sanford and J(,hn 
Smith are desired and empowered by a writeing umier their 
liaiids, to give notice to all the townes in the Collony of tlie 
time of th.eir proceedingc in that worke, that soe tliose that 
please may be present at the time of their acting in the 
premises. 

^ oted. That the returne made to the Governor by Capt'n 
Peleg Sanford and Mr. John Cogg-eshall, appointed and em- 
powered Commissioners to act with the Commissioners of the 



1G7S.] AND PROVIDE>'CE PLANTATIONS. 27 

Mjis.sarliii.seits, Plynioutli, and Connecticut Collonys. iii a Court 
by his Majesty's spcciall command held coneci'nin,i;' diUbrence 
about title of lands, between William Ilarvis and others, shall, 
as the Governor sees cause, be transcribed l>y the Tiecoi'dcr, 
and accordini^'ly returne thereof to be made to his Mnjcst}'. 
The charge thereof to be borne b}' the Collony. 

Voted, That Ca}>t'n Arthur Fenner shall have one ])nrrill of 
powder of th;it which is in the Collony's store ; and it sli;dl goo 
in part of pay for what the Collony is indebted for the niain- 
tiineing the King's garrison at Providence. 

Voted, VvHiereas Mr. William Harris hath petitioned this vVs- 
scinbly for the sum of tenn pound in England (as he saith, 
about nine or temi 3'ears since), by him paid to Ca})t'n Richard 
Deanc. The Assenddy liaveing seariously consideied the 
matter, d.oc fiiide that former Assemblys have taken elVectuall 
course inr the [)aynient of such demands, by assessments on the 
scvcrall townes, and doe conceive it may then be }iaid. There- 
fore, doe not see cause to proceed any further therein, not be- 
ing cleerly informed that the said William Harris halh any- 
thing justly due on the said denuind. 

Voted, Whereas tliere appeares to be further due from the 
Collony t() John Sanford, Recorder, the sum of seven pound, 
five shilling>, it is owned and accepted, and ordered to be 
paiil ]»y tlie Generall Treasurer. 

Voted, AVhereas there appeares due to Mr. John Cnggesliall 
the sum of f)ur pound, five shillings, country pay, it is owned 
and accepted, and ordered to be paid by the Generall 
Treasurer. 

A'ote*1, Whereas there is due to aIi'. Robert C.'irr Wir sum of 
one pound, (bur shillings, currant pa}', for ser^•ice i]:>\\i:^ liy liis 
soun Caleb, and his sloop, l)y transporting the ]\Iagistrat'vs to 
Narrragansett ; the said sum is ordered to be paid to }^lv. Rjb- 
ert Carr, Ijy the Generall Treasurer. 

A^oted, That the Recorder shall within thirty da3's after the 
adjourinnent or the dissolution of this Assemldy, give foi'th. 
coppys to all the townes in this CollonV, of the acts of this 
Assembly, under the scale of tlie Collony. 



28 RLCORDS OF THE COLONY OF RHODE ISLAND, [10 70. 

Voted, This Assembly is adjourned till the last Tuesday in 
jMareli next, Avliieh will be the 2-5th of the said month, then to 
assemble againe at Newport. 

March 2bM, 1070. 

Accordingc to the aforesaid adjournment, the (!ovornor. 
Deputy Governor, Mr. Joseph Clarke, Mr. Caleb Carr and 
Capt'n John Albro, Assistants, were present. 

[The llecords contain no i)roceedings of the General Assem- 
bly at this session.] 



Proccedlncfs of the Generall Asscmllij held for ihc CoUon/j of 
Rhode Island and Providence Planlalions at Nciqwrl, the CM 
o/il%, 1070. 

jMajor John Cranston, Governor. 

Mr. James Barker, Deputy Governor. 

ASSISTANTS. 

Capt'n Pcleg Sanford, Mr. John Whipple, Jun'r, 

:\lr. Joseph Clarke. Capt'n John Albro, 

llv. Caleb Carr, Capt'n Samuel Gorton, 

]Mr. Stephen Arnold, x^lr. Thomas Greene. 
2jlr. Thomas Olney, Jun'r, 

DEPUTIES. 

For Kcwporl. For WarwicJr. 

Islv. Caleb Carr, Mr. Edmund Calverly, 

j\Ir. Thomas Ward, Lieut. Benjamin r)arton, 

Lieut. Edward Bichmond, iMr. Samuel Stafford, 

Lieut. Jolm Greene, jMr. John Warr.er. 

'My. William Coddington, ' l^or HV-vV/Vy. 

iMisigne John Bliss, 



1G70.] AND TROVIDENCE PLANTATIONS. 29 

Mr. Josc})h Jcnclcs. For Nev' Shoreham. 

Fur Providence. Mr. Juliu Williams. 
Ca[it'n Arthur Fcuner, For Kings Townc. 

^Iv. William Carpenter, 

'Mv. Eichard Arnold. For Fant GrccnwicJi. 

For Portsmouth. 'Mw John TIeath, 

]Mr. Geor_o;e Lawton, Serg't Thomas Nieholls. 
].ieut. AVilliam Correy, For James Toii'^w. 

Lieut. Francis Bra3'ton, Mr. Ebenezer Sloeum, 

Lieut. William Codman. Capt'n John I'oanes. 

The Governor chosen ]Moderator. 

John Sanford, Ixecorder, chosen Gierke. 

Voted, Edward Thurston, Jun r, Bartholomew Hunt, Jun'r, 
Thomas Brookes and John Coddinglon, hcing freemen oi" the 
towne of Newport, arc admitted freemen of this Collony. 

A^oted, Abiall Tripp being a freeman of the townc of Ports- 
mouth, is admitted a freeman of this Collony. 

Voted, That John Greene, Jun'r, being a freeman of the 
townc of Warwick, is admitted a freeman of this Collony. 

Voted, Henry ALithewson, Charles Mecarta, and ]\L)rdica 
Bouden, being freemen of the towne of East Greenwich, are ad- 
mitted freemen of this Collony. 

A'oted, That El)enezer Sloeum, Xirliolas Carr, Calel) Carr, 
tlie sonn of Bobert Carr, and Peter Wells, freemen of James- 
towne, are admitted freemen of this Collony. 

A'oted, This Assembly is dissolved. 



.4/ the Gcncrall AsscmhI/j and Flection held at Newport^ the 7th of 
Mail, I'j"'"*'-!' ^d the house of Pohert Levis. 

The Assembly consisted with the afore written Governor, 
Deputy Governoi', Assistants and Deputys. 
The Governor chosen [Moderator. 
John Sanford chosen Gierke. 
Vntcd. 'My. T'homas Ward shall recei^'0 the votes from each 



30 i;i:coRDS of the colony of riiode island, [1070. 

l)c:s;)n IIimI liri'.iii; in their votes for the I'vleclioii, and take care 
that ihcy be truly brought in, and putt into the liatt. And 
Iha.t Caiil'n Haniuull Gorton and Mr. Caleb Carr shall open the 
jMoxies ; and as the election ]jroceed.><, pntt the ^■ote3 into the 
liatt : a.ml (hat John Williams, and the Recorder .^liall in 
Nviiteini: take the nanie.s of all those that vote. 

\'oled. That the Assembly remove and sitt in the lower 
ri)om(\ for the convcnien.cy of the Election. 

By the Klection, was chosen the following, who were sever- 
ally engaged. 

GOVERNOR. Mr. Thomas Greene. 
,Major.[uhn Cranston. itiiroRDEi;. 

i»i;i"UTV GOVERN- iR. John San ford. 
ViY. Walter Clarke. (ienekal ser(^eant. 

ASSISTANTS. Ednuind Calverly. 
Mr. Caleb Car, general treasurer. 

^Iv. Tli'inias Vv'ard. Capt'n Peleg Sanford. 
^\v. Jose-^ih Clarke, general attorney. 

^Ir. 8ie[)hGn Arnold, Lieut. ]-]dwai'd lvichm(,)ud. 
Capt'n Artliur Fenner, solicitor. 

r>Ir. John Whipple, Jun'r, I'Almnnd Calverly. 
Capt'n -John Albro, major. 

John Sanford, Capt'n Peleg Sanford. 
Capt'n S;imuel Gorton, 

John Potter, of the towne of Warwick, haveing petitioned 
this Assembly for tlie sum of thirty-six shillings, currant 
}>ay. du(.' to him for service, l)y him done some yeares .^ince, 
being Constable, in sccureing and sending an Indian to New- 
port, the said sum is ordered, to be paid by the Generall 
Treasurer. 

Upon the petition of John Correy, and John Wood Weaver, 
to be accommodated with lands at P]ast Greenwich, their peti- 
tion is g-raiiiod. and they an^ to bo accommixlated a.s otliers out 
(jf the shares whii'h that are yett not ta.k(Mi up. 

Voted. AVhereas tlicre ha.th complaint been made that suv.- 



IijTO.] and providence plantations. 31 

(liv |MM-S(ins being cvill minded, have prc.sinnod to employ in 
soi\ ile lal>oi-, more than necessity requireth. tlieir servants, and 
alsoe hire other mens' servants and sell them to labor on the lirst 
ihw of the week: tbr the ])rcvention "whereof, bee it enacted 
1)\' tin's Assembly and the authority thereof. That if any {xm'soii 
or [tcrsons shall employ his servants or hire and ('mi»l(»y roiy oth- 
er man's servant or servants, and set them to lal)or a.s aibre.-aid. 
the person or persons soe otfending, shall upon proof ib.crcof 
made, pay for every offense by him or them commit t(;d, five 
shillinsis in money, to the use of the poore of the towne or 
place in which the olfenses are comndtted ; v.'hi(di said five 
.shil!in<:-s, if the person ofTending refuse, u])on conviction before 
on(3 -Magistrate, to pay: a warrant under the hand of one Mag- 
istrat.'. direeted to the Sergoant of thi' towne. wliei't.^ tlie oJHMise 
was (■■..Muuitted. shall be his sullicient warrant to ta]<e 'iiy dis- 
traint soe much of tb.e estate of tli(^ ollending party. tog(;tlicr 
with Iv.o shillings ibr his service therein. 

And bee it further enacted by the authority aforesaid. That 
if any person or persons shall presume to sport, game or play 
nt any maimer of game or games, or shooting on the hrst day 
of the weeke as aforesaid, or shall sit ti^jpling and drinking in 
any tavern, ale-house, ordinary or victualling house on the first 
day (d'the weeke, more than necessity requiretli ; and ujion ex- 
aminalion of the fact, it shall be judged by one Justice of the 
Peace ; the ]>ersons ollending as aforesaid, ujtoii conviction be- 
fore one .Justice of the Peace, shall Iiy the said Justice of the 
Peace be S(Mitenced for every of the aforesaid olFenses. to sitt 
in the stocks three houi'c-. or pay five shillings in money, 
for tb.e use of the poor of the towne or place where the ollense 
was conunitted. 

Voted, Whereas tliere have lieen many complaints by mas- 
ters of ships and otlier V(3ssells, to the authority in this juris- 
diction, that the seamen by them shipi)ed and retained, have 
been entertained by persons keeping taverns, ale-houses, ordi- 
n,;rys (-r A"ictualling-]iouses, to their great neglect and hinder- 
aiu'c in tludr eni[)loyment ; and at the* time of their being 
ready to saile and putt forth to sea. their men are by the per- 



32 uKcor.DS OF THE colony of kiiodk island, [IG79- 

sons iifdrcsiiid. .-ittaehcd. iiiii»risonc(l and krpt from their law- 
lull service to their loss and damage. For |iri'venting Avhereolj 
this Asscnihly doe enact und declare, That if an\^ })erson or 
jiersons. that shall keep tavern, ale-house, ordinary or victual- 
ling-house within tliis jurisdiction, and shall give credit! unto, 
and trust any seaman or seamen, that shall he shipped and re- 
tained by any master of a shi}> or otlicr vessell, without order 
from the master of the said ship or yessell. above the sum of 
five shillings, noe action or suit shall l\'e or heo for the same. 

jVnd bee it further enacted by the authority aforesaid. That 
if any person or persons keeping all or any nf the houses afore- 
said, shall presume to arrest, attach or imprison any seaman or 
seamen, contrary to tliis act, he or they and every of them, 
shall Ije lyable to pay to the master of the shij) or other yes- 
sell, the damage or damages that he or they shall snstaine 
thereby ; whoe by himselfe or his attorney may haye his ac- 
tion against any person or persons soe offending for the same, 
as in action of debt. 

And lie it further enacted by the authority aforesaid. That 
all ships and other vessells that shall come into any harbour 
on this Island, or other harbour in this Collony. imt under the 
burthen of twenty tons, the master thereof shall innue- 
diately repaire to the Governor (if in ^'ewpoi-t), if in any 
other port in the Collony. then to the head officer in that towne 
or place, and shall give a just account of th(Mr designe, and 
shall not })resume to sett saile out of any of the said hailtours 
without giveing the knowledge thereof to the Governor, or 
head ofticer. as aforesaid, before their sailing; and if thcx' re- 
main above ton days in any of the said hai-li<»urs or jiorts. they 
shall then sett up their bills in two pul)lic ]>lares in that towne 
or place where they shall come in this Collony. at least three 
days licforc they sett saile. 

A'oted. Upon a jietition |»resented to this AssembK' by 
Capt'n John All)ro, relating to an action upon an indictment 
against John Albro, Jun'r. at the Generall C<iurt of Trvalls, 
held the 12th <.f this instant, this Generall Assendily doe en- 
act and declare, That judgment concerning the said John .\J- 



1070.] AND TROVIDENCE PLANTATIONS. 33 

l)ro. -Tiiirr. sliiill at present be su.^pended. and llie determination 
()(' tl',(' matter left to this Assend)ly. And upon tlie I'ni-llier 
.^earinns debate and e(>nsiderati<»n of the mattei-, tliis j\sseni])ly 
(be see eause to suspend the I'urther proeeeiHnus therein nnto 
th(> ne.xt silting of this Assend)ly, and Capt'n Alln'o is (b'sired, 
and hath promised in tlic meane time to ]>roeure Jdsepli AVhea- 
tnn. tir inlbrmatinn in the premises. 

A'dted. An act to [)rcvent non-payment of pnl(li(dc imposi- 
tions. I'ates, Ones and forfeitures, and disorders that may ensue 
thereby: 

IJee it enacted I)}' tliis Asscm])]y and tli(>- autlioritx' tlicreof, 
That il" any towne or townes, Aillaae or vilhiu'es, ])Laee or 
plaees. within the precincts of this Colk)ny shall refuse and 
ne'ileet to levio and ]>roportion all and every imposition, rate, fine 
or foiii'iture that may coiieerne tlie public weale of tliis Collo- 
ny. upon the iidialhtants, and others rateable in such townes, 
villa_^-es or places as albresaid, that shall from tinn.' to time bee 
levied, and make returne thereof to the Generall Treasurer 
within tlie time limitted and ap])ointed or inij^osed on them l)y 
the (Jenerall Assembly of this Collony ; shall tbi- every such 
olfense forfeit to the Collony the sum of ten pounds in nioney, 
01' otiier currant pay ecpiivalent thereunto. 

Ami further be it enacted by the authoiity aforesaid, That 
if any towne. villai:-e. or place, as aforesaid, shall refuse to levie 
and [iroportion any imposition, rate, fine or forfeiture, together 
with tlie ten pounds forfeitted l)y the neglect as aforesaid, up- 
on the reeei[)t of wari'ant to them directed iVom the (bmei'all 
Treasurer in convenient time ; it shall and may be lawfull for 
tlu! (iovciMior or Dejinty (iovernor, and three Assistants, l)y 
wan-ant under their hands, to ap{)oint five lioiie-t persons ac- 
cording to their directions, to levie ami proportion the imposi- 
tion, rates, fines, and forfeitures, on the iidiabitaids and others 
rateable in any of the places aforesuid, together with the aJbre- 
said forfeiture of ten pounds. 

And further be it enacted, That if any pei'son or persons le- 
fuse or neglect to pay his or their proportion or rate, that shidl 
be imposed or levied on him, her or them: that then a v/arrant 

VOL. lu. o 



34 IIHCORDS OF THE COLONY OF RHODE ISLAND, [1070 

iiiuler the liaiid of one A^:si.slaul, directed to tlio Cicnerall Ser- 
geant or his Dei)uty, sliall bee his or their lawfull authority to 
take the same I)y distraint ; together Avith two shillings, six 
pence iu the pound lor his or their service ; wlioe is liereby re- 
([uired to oljserve the rules and method of apprai/enuMit as is 
usuall in cases of distraint, and to make returne ol" all lie shall 
soe distraine to the Generall Treasurer. 

vVnd further bee it enacted by the authority aforesaid, That 
if any ollicer or ofllcers shall neglect liis (bity in the iJcrform- 
auce (if the aforesaid act and order, he or they whoe shall be 
soe neglecting, shall be censui-ed ))y the Assend)l\' IVom time 
to time, suitealde to the demeritt of their ollenso. 

Voted, AVhereas the Generall Ti'oasurei- haih matlc a reUirne 
to this Assembl}^, that severall townes in this jurisdictido. have 
not made their rcturnes of the severall rates im})Osed and levied 
on them according to the act of the Generall Assend)lv, held iu 
Newport. Octolu'r 3()th, 1078: for the regtda.tiiig the said dis- 
orders, bee it enacted by this Assembly and the aullioiity 
thereof. That all and ever}' tnwne. }ilaco. or village that (h)0 
neglet.-t to c(»nforme, and doe remaine disoljedient to the orders 
and injunctions of the Assenddy, aforesaid, for the sjiace of 
twenty days after their knowledge of these presents, shall bee 
lyable to sufler the penalties and forfeitures, and l)e proceeded 
against for every such default, by them made, as is provided in 
a)id l.iy an act made in this present sitting of this Assembh', 
entitled an act to prevent non-payment of publick impositions, 
I'ates, fines and forfeitures and disorders that may ensue 
therel.y. 

A'oted, That for the encouragement of Assistants and Depu- 
tys to attend Generall Assmnldys ; and alsoe the Assistants 
and other ollicers to attend Courts of Tryalls, their necessjirv 
charges for dyett and bulging durcing the time of their attend- 
ance at Ceurts. shall be paid and borne by the fines and for- 
feitures due to the Collony. 

Voted, In a.ddition to an act made in the veare one thou- 



1G70.] 



AXI) PROVIDENCE PLANTATION? 



sand six liundrcd and fifty-cigiit, entitled, " To prevent inno- 
valiiin in the government and liberties of this his Majcst\\s 

CuWnuyr 

])(M! it cna.cted by this Assembly and the anthority ilid'Odf. 
'JT.at iTany person or persons in this Cullony shall presume or 
endeavour, to putt or subject all or any part of his or llieir 
laiul or lands that are lying and being within the precincts of 
tliis jurisdiction, under the authority of any other govei'innent 
or jurisdiction, he or they soc doeing, or any ayding, assisting 
or abetting to such, shall forfeitt his or their estate both reall 
and pcrsonall, according to the afore-recited act ; or otherwise 
1)0 fnied at the discretion of the Court, before whome he or 
the}' shall upon legall tryall, be found guilty of any of the of- 
fenses albresaid. 

A'^tcd. I'pon the petition ol' Sbnball Painter to this Conrt. 
for favour: lie being in the Court of Tiyalls lined thirty 
sliillings. and bound to the good behaviour and appeai'anoe at 
tlie next Court of Tryalls : it being for his contempt of au- 
thority, and he declaroing himsclfe heartily sorry for olfense 
therein : thereupon this Assemldy doc see cause to remitt him 
tenn sliillings of his said fine. 

A'oti'd, That wh(;reas John Borden was fined at the Conoi'all 
Court in Octolier la.st for not attending the jury : and lie hawk- 
ing petitioned tliis Court that his fiiK^ may be I'cmitteil. alleg- 
ing that he attemkMl part of tlie Court's sitting, and bring chal- 
lengod oil" in a jiertickular action ; cominge home found one of 
his children very sick, whereliy he was detained from attcMid- 
ance. Therefore the Court iloe remitt his said fine. 

Voted, That Ilemy Lilly's bill f)r six pounds, eight sliillings. 



due to him fnnn tlie Col 



ir serAices done 



his 21(h of 



May, l!)70, is owncil and acce[»ted, and oi'dered to bo p;dd l)y 
the (uMierall Ass(,^nddy. 

Voted, Whereas the last Assembly in October, dissolved 
Avitlinut allowing any sum to the Recorder Ibr copys to the 
nine towues, under the scale for his attendance (devcii days at 
that Assembly, the Assembly doe agree and oiilei;. That the 
rvccorder sliall have for the said service, the sum of five pounds. 



fr'^f^^ 



30 TkECords or the colo.w of riiode island, [1(370. 

ten s]iillini;-s in or as money ; tlie same to l)e pnid jiroportional- 
h' by eacli towne. 

A'oted, Th.Mt all the copies of this Court's aets shall ho 
given lorih by the Recorder, under the scale of the Colluny tor 
the resiieclive townes in this Collony, and the same to he ready 
{Vir (\!ch towne within thiriy days of the adjonnnnent of this 
AssiMobly ; and to he delivered to the Genorall Treasurer with- 
in the said time to be convayed to the severall townes. 

Voted, That the Recorder doe draw forth the copys of the 
prohibition against such as intrude into the Narragansett or 
Niantick countrys, and signe the same on behalfe of this As- 
scnibl}-, and deliver the same unto Sergeant Thomas Nicolls, 
and to be paid by the General} Treasurer. 

A'oted, That tiie late Generall Sergeant, Thomas Fry's bill 
for five pounds, six shillings, is owned and accepted, and or- 
dered to be paid by the Generall Treasure)'. 

Voted, This Assembly is adjourned untill the first Wednes- 
day in Sei)tend)er next, at Newport, again to meet only if 
there doe appeare grounds and reasons to the Governor, or in 
his absence, the Deputy Governor, for their meeting at any 
time before that time ; then by warrant from the Governor or 
Deputy Governor, the Assembly are to be convened soonei-. 

Jul>j OM, 1G79. 

At the re-meeting of the Generall Asscndjly, ])eing by the 
Governor's warrant convened the 0th of July, 1070 : it beino- 
sooner than the time expressed in the adjournment of this As- 
sembly. 

Voted, T!iat his Alajesty's letter to this governnient Ijronu-ht 
by Capfn Randall llowldon and Capt'n John Greene, be read 
in this Asseml)ly. 

Voted. That his Ahijcsty's letter havcing been read in this 
Assembly, be alsoe againe read openly in the Asseniblv. 

Voted, That a letter from Mr. Robert Mason, to this Collony, 
be openly read. 

Voted, In nnswer to his Mnjesty's letter to us. That a Com- 
mittee be appointed to draw up their result. 



IGTO.] AND PROVIDENCE I'LANTATIONS. 37 

1. In way of answer Imiiiblo rolunics of thankfulliicss to 
his )>rajosty for his grace and favours to us. 

2. That a true account may he rendered liis r^lajesty con- 
cerning Mount-hope Neck."-' 



* [It appears that Randall Iloldcn antl John Greene, were in Enjjjiand at the 
time the subject of Mount Hope was occupying public attention, and tliat they 
were failed upon to give information relative thereto, to which they made the fol- 
lowing reply] (see Brown's Mss., Vol. II. 127) : 

To the Right Honorable the Lords Committees of Trade and Plantations: 

In obedience to your Lordship's commands of the 21)tii of January, signified to 
us by Mr. Blathwait, that wee should give answer unto some questions proposed by 
your Lordships concerning Mount Hope, in New England. 

Wee doe according to the best of our knowledge humbly informe your Lord- 
ships. 

1. The extent of land is not much, it being a neck of land abutting upon the 
sea, and lying between the Colonies of Rhode Island and Plymouth, containing 
about four thousand acres. 

•2. The value, wee conceive to be about four thousand potnids. It is at present 
unialiabited. 

3. Wee conceive the propriety of those lands to be in his Majesty, and that no 
Corporation in New England hath any right thereunto. It did lately belong to the 
Sachem Phillip, and was inhabited by him and his subjects, who are uow wholly de- 
stroyed by the late Indian warr ; and althoiigh some of the neighbouring Colonies 
would pretend a right by conquest, yet wee conceive none can have a reall title 
thereto but from his Majesty, who is the Soveraigne Lord uf all that country. 

AU whicli is humbly certified to your Lordships. 

(Signed.) ' ' RANDALL HOWLDEN, 

3d February, 1G7S-0. JOIINN GREENE. 

[.Vliout tlie same jterind.a jietition was presented to the King, tVom John Crown, in 
behaU'of his fatlier W'm. Crown, late proprietor of a jiart of Nova Scotia and .Vcadia, 
sotting ibrth that in consequence of the delivery of that country to the French, " the 
petitioner and his fiimily have sustained almost utter ruin," and for which they have 
never presumed to ask any compensation. " But now there happening to be in your 
M.ajesty's disposall a small tract of land in New England, called Mount Ilojie, lately 
in the possession ofcertain Indians destroyed in warr by your Majesty's subjects, which 
at present remains desolate and uniidiabitcd, the petitioner humbly pravs that you 
Majesty will bestow said small tract of land upon him for the support of his parents 
and fiimily." 

This jictition was by his Majesty's Councill, on the 24th Januarv, 10 78-9, re- 
ferred to the " Committee on Traile and Plantations ;" who, on the Gth February 
following, reported, 

" That the neck of land called Mount Hope, in New England, not beinsr in the 
Colony of Massachusetts, and neyther of us having been upon the place, cannot 
certainly informe the quantity thereof, but suppose it may contain not above five or 



38 RECORDS OF THE COLONY OF RHODE ISLAND, [1G79. 

3. Tliat an account soc farr as Ave arc al)lc, may be given 
to his ^Majesty concerning the late warr with the Indians, and 



^ix tliousaud acres, at tlie most ; much less can we acijualnt your Lonlshi])s v.illi the 
value of said tract, there being no common rule in New Enj^Iaiul, whereby to sett 
a price upon lands, especially such as are not inhabited or improved l)y ilie En;:- 
lish. Jkitt in generall we know, that whereas the soylc of the Colonv is ninslly 
very j>oor and barren, this noclce of land is accounted one of the best jiarts tliereof, 
and was never by any doubted to be within tlic bounds of his Majestv's Colonv. 
And very proltable it is that it will be disposed of to particidar persons belbre 
any notice of Mr. Crown's petition to his Majesty will airive there.] 

" We further make bold to pray your Lordsiiips as on the behalf of the New 
Plymouth Colony, so also of the other Colonics, that his Majesty may be informed, 
that there are no lands lying among them, that are not clearly contained and full/ 
conveyed, in and by the Charters ali'cady granted to those his ]\Iajesty's Colonies 
respectively ; and that besides tlic lands now vacant, by ihc removal of the Indians, 
our enemies, they have nothing else come into their hands towards the defra\ ing of 
the vast charge of the late warr, whereby not only many families, but whole towns 
were ruined, and the country in general! extremely impoverished and brought into 
debt, etc. etc. ' WILLIAM STOUGHTON, 

PET. BULKELEY. 

[On the 29th of January following, a note was addressed by t!ie Council to the 
-Vgents of Massachusetts and Rhode Island, then in London, submitting to them 
the following questions, and requesting an answer thereto.] 

1. " What is the extent of the lands of Mount Hope Bay, in lengtli and 
breadth ? 

2. What is the value of those lands at present ? 

.3. Whether there bo any claime of propriety to said lands made by any of the 
neighboring corporations, or the inhabitants thereof V" 

[To these the Agents, or as they arc elsewhere called, the " Committee for 
Trade and Plantations," made the following report.] 

Report and Order in Council concerning Mount Hope. 

At the Court at Whitehall, tlic Gth of February, 1C78. Present. 
The King's most Plxcellcnt Majesty in Council!. A Keport from the Kiglic Honor- 
able the Lords of the Committee for Trade and Plantations, being this day read 
at the Board in the words following : 
May it please your Majesty : — 

Upon recei[)t of your Majesty's reference In Council! of the 24th of January last 
directing us to consider the petition of Mr. John Crown in behalfe of his father 
William Crown, praying your Majesty to grant unto him tlie lands of Mount-hope, 
in New England, in compensation of the great losses hec liad sustained by vour 
ilajesty's surrender of Nova Scotia unto the French, as being late jiroprietor in 
part of the country. Wee have taken nmch informations concerning the said tract 
of land, called Mount-hope, as the Deputies of New England which are now attend- 



1G79.] AND rROVIDl-lNCE PLANTATIONS. 31) 

wluit else they sec good, and malice vetunio to this Assembly 
for their approbation. 

Tb(i persons appointed are Mr. Thomas Ward, Capt'n Ai- 
thur Feuner, Mr. John Wliipitle, Capt'n John Albro, Capt'n 
Sanniell Gorton, Mr. Joseph Jencks. Mr. Jnlui Williams, and 
Capfn John Foancs ; and alsoc that they draw \\\) some linvs 
to Sir Robert Southwell, Mr. William Blathwaite, and :\Ir. 
Kobcrt Mason. 

Voted, That a prohibition be drawne up and scut from tliis 
Assemldy unto the townes of Westerly ami Kings Townc, to 
prohil)itt all persons belonging to Connecticut, or inhabiting in 
the Xarragansett and Niantick countrys, or King's Province, 
from exercising any jurisdiction or authority in the King's 
Province, by virtue of any authority from any other Collony ; 
and to require all persons there inhabiting, to yield and give 
obedience to his Majesty's authority, in this Collony. 



ing your Majesty, were able to give us; and wee find that the said land was belong- 
ing unto the Sachem Philip and his adherents, destroyed by your Majesty's subjects 
in New England, in the late warr against the Indians. 

But whereas the said Deputies do not give any positive or concurrent answer as 
to tlie extent, value and propriety of the said land, and it being not agreeable with 
your Majesties justice to make any grant or disposall thereof, untill your Majestic 
bee informed of the right and title which the ncighbonring Colonics may pretend 
unto the said country, which appears to have been conipiercd by them not without 
great charge and bloudshcd. Wee are most humbly of opinion that your Majesties 
letters be sent unto the four Colonies of the Massachusetts, Plymouth, Rhode Island 
and Connecticut, in New England, requiring them to certitic unto your Majestic 
with all speed, the true extent, value and propriety of the said lands call Mount- 
hope, with the grounds and evidences of their respective clalmes (where any shall 
be ma<le), that your Majestic may thereupon give such order as shall 6utc with 
your Royall justice and bounty ; your Majestic having not as yet received the Icaft 
intimation from any of the said Colonics concerning the conquest, clalme or dlspos- 
all of the said country. All which, &c. ANGLESEY, 

ESSEX, 
CRAVEN, 
AILESBUr, 

CounciU Chamber, 6 Febr., 16 78-9. U. LONDON. 

Ills Majestic in CounciU was graciously pleased to approve the said Report, and 
to order as It is hereby ordered, that the matter contained in the said report b«e 
added to a letter which is now preparing for his Majesty's Royall signature, to bee 
•cut to the four Colonics of New England, concerning the Narragansett couuti'v. 



40 Rl-CORDS OF TILE COLONY OF RHODE ISLAND, [1G70. 

The ProJnbiiion. 

Where.'is, wee liiivo received a gracious lettei' froiii liis ^laj- 
esty, t.) liis -M.'ijcsty'.s Collouy, dated at his C.nrl :it Wliitehall, 
the 12th of Fel)ruary, 167S-0, wherein liis ^^lajesty is jdeased 
to irivc his Roy.-dl detennination that he is pleased to confirino 
the jui'isdictioii and g'overnment of the Narragansett and Nian- 
tick countiys unto tliis his Collony, according to the true set- 
tlement thereof by his Honored Commissioners, expressed in 
their acts in ^hircii, 1664—5, and April!, IGGo, and therein 
commanding all others to he obedient thereunto/-' 



* LcUcr from Charles II., conccruhiij Mount Hope ami the X.irraijaiisen Connlnj. 
Trusty and well-belovcd, wee greet you well : 

Wlieroas, in pursuance of an order of our Privy Councill of the Itli of Decem- 
ber last, directing our well-beloved subjects William Stougliton and Peter Bulke- 
ley, Agents from the Corporation of the Massachusetts Bay, in New England, to 
show by what authority or title Simon Bradstreet, Deputy Governor, and other in- 
habitants of that country had by a printed paper called an Advertisement, dated 
at Boston, the 30th of July last, laid claim to the lands of the Narragansett and 
Niantick countrys, called the King's Province, they the said Agents did declare 
that the government of the Massachusetts Colony is not at all cuncerncd in thid 
claime, but only some inliabitants who had purchased those lands from the Indian 
Sachem. And whereas our well-beloved subjects Ptandall Ilohlen and John 
Greene, Deputies in the Colony of Rhode Island, have certified our said Privy 
Coujicill (of their certain knowledge as having inhabited that country for above 
forty years) thit never any legall purchase had been made thereof from the In- 
dians by the M issachusetts or any othjis ; and there being likewise produced an 
Act of the voluntary submission of the Chief Sachim and the rest of the Princes 
with tlie whole jieople of the Narragansctts unto the government ot' our late Rovall 
Father of blessed memory, together with two Declarations made by our Commis- 
siimers of the ^Oth of March, IGGl, and 8th of Aprill, 16G5, whereby it appears, 
that they had then reeeivc^d tVom some of the principal Sachims of the Xari^airan- 
sett Indians, a surrender of themselves, their subjects and their lands to our gov- 
ernment and dispose, not oidy by their personall acknov/ledgements and send- 
ing us presents, but by putting into the hands of our said Commissioners the deed 
aforementioned of the lOth of Aprlll, 1644 ; and that as for the pretended purchase 
made by Major Atherton and others, of the Massachusetts Colony, our said Com- 
missioners did then decelare the said purchases to bee void, ordering the said pur- 
chasers to leave the use and possession of those lands, and that the Magistrates of 
Rhode Islai\d should exercise the authority of Justices of the Peace in tlie Narra- 
gansett country, by them called the King's Province, and do v.hate\er they should 
think fitt for tiie p.-ace and safety thereof, untill our further ])U'a-;ure should bee 
knowne. Wee having taken the premises into our Rovall consideration, have 
thought fitt hereby strictly to will aud require you to take care that all things re- 



1679.] 



AND rROMDENX'E PLANTATIONS. 41 



Therefore, in obedience and in pursuance of liis Majesty's 
gracious favour to us, and for the information of the inhabit- 
ants in said Narragansett and Niantick, and for tlie preventing 
tlieir running themselves into liazards and difiiculties, that 
hereafter may prove greatly to their damage. 

lating to the said Narragansott country or the King's Province, bee left in the same 
coiKlition as now they are, or have lately been in, as to the possession and govera- 
nicnt thereof; and the absolute and immediate sovereignty, as well as the particular 
propriety of all that country appearing by the surrender of the Sachims to bee 
vested in us; our further pleasure is, that you do forthwith signify to all persons 
within your government, who pretend any right or title to the soilc or government 
of the said lands, that they do with all speed and by the first convenience, send over 
hither persons, sufficiently empowered and instructed to make their right and title 
appeare to us; and that upon default thereof, wee will proceed to give such order 
for the government and settlement of the said Province, as wee shall judge to bee 
most consistent with justice and the good of such of our subjects, who already do 
inhabite or shall desire to make any further improvement within the said 
Province. 

And whereas, wee have been humbly informed by our well-beloved subject, John 
Crown, gentleman, that his father, William Crown, had sustained a great losse by 
our surrendering Nova Scotia unto the French, of part of which country hee was 
proprietor ; and tlierefore praying us to grant unto him the lands of Mount-hope, 
in New England, in compensation thereof, and wee having referred the considera- 
tion of that his humble suite to the Lords of the Committee of our Privy Couneill 
for foreigne Plantations, and having received their opinion upon that matter, that 
it appears to them that the said land did belong to Sachim Philip and his adherents, 
and was conquered by our subjects in New England, in the late warr against the 
Indians, not without great charge and blood-shed. Wee have thought fit hereby to 
sigr.ifie the same to you, together with our pleasure, that you forthwith certify unto 
us, what right or title any of our Colonies there may pretend unto the said country, 
and also tlie true e.Ktent, value and propriety of the said lands of Mount-hope, with 
the grounds and evidence of their respective claimes, if any shall be made, that 
wee may thereupon bee enabled to give such further direction and order as may 
suit with our Royall justice and bounty. And wee cannot upon this occasion but 
take notice to you that wee have not hitherto received from you or any other of the 
said Colonies, the least intimation, much else account of the conquest, clairae or dis- 
posal! of the said country, not doubting but for the future you will be more carefull 
to advertise us or our Privy Couneill of matters of this kitul, and which do any way 
relate to our prerogative, or authority. And so wee, &c., given, &c., Whitehall, 
Febr. 12th, 1G78-9, in the 31?t year of our reigne. 

By his Majesty's command. 

SUNDERLAND. 

To our trusty and well-beloved the Governor and Magistrates of the Colony of 
Rhode Island and Providence Plantations, in New England, now and for the 
time being. 

The like letter above was sent to the other three Colonys, viz.: New Plymouth, 
Llassaehusetts and Connecticut. 



42 RECORDS OF THE COLONY OF RHODE ISLAND, [1679. 

Wee, the Assembly of his jNlajesty's Collony of Rhode Ishmd 
and Providence Phintations, in true and loyall obedience to his 
^Majesty's long and yett continued favours, and late commands : 
hereby give notice, fore-warne and prohibitt, all persons of 
what degree soever, being and belonginge unto the towne of 
Westerly, adjoining to Pawcatuck, alas Narrogansctt river, and 
any other place in the Niantick and Narragansctt countrys, in 
the King's Province, from yielding, rendering or owninge any 
obedience unto the Collony of Connecticut, or any government, 
except the government of his Royall jNIajesty established in 
this his Collony of Rhode Island and Providence Plantations, 
and King's Province. 

And this is further in his Majesty's name to rerpiire and 
■command all the inhabitants of Westerly (alias ^liscomoqutt) 
aforesaid, to be observant and truly obedient as they ought 
to be, unto liis Majesty's authority, according to his Royiill 
pleasure, to and in this Collony derived, and placed ; else 
they must expect to answer the contrary on such penaltys 
as the law in such cases hath provided. 

By order of the Generall Assembly of his Majes- 
ty's Collony of Rhode Island and Providence 
Plantations, and King's Province. 

JOHN SANFORD, Recorder. 
Postcript. And further, this is to signify and declare, that 
by the authority aforesaid, all persons of what degree soe-ever, 
inhabiting or belonging to the jurisdiction of the Collony of 
Connecticut, are hereby in his Majesty's name fore-warned, for- 
bidden and commanded, not to assert or exercise any authority 
or government, in any part of this Collony, on the east side of 
the afore-said Pawcatuck river, or they must expect to be 
presicuted against according to law and justice. 

Signed by order of the Generall Assembly of his 
Majesty's Collony of Rhode Island and Provi- 
dence Plantations, and King's Province, sitting 
at Newport, the 9th of July, 1679 ; and by 
their order the scale affixed. 

Per JOHN SANFORD, Recorder. 



1G79.] AND PROVIDENCE PLANTATIONS. 43 

Yotcd, That the above-written Proliibition shall bo signed by 
the Recorder, on behalfe of this Assembly, with the sealc of 
the Collony affixed. 

Voted, That the duplicate of the Charter is committed to the 
keeping of the present Deputy Governor, untill called for by 
the Assembly. 

Voted, That the Committee yesterday appointed to draw up 
our th.ankfull returnes to his Majesty, &c. ; and they not havc- 
ing finished th;it worke to them committed, are still continued, 
and tlie Honored Governor, the Deputy Governor, and John 
Sanford are added to them for the performance of that worke, 
and make returne to this Assembly for their approbation. 

Letter to Kinj CJuirlcs the Second. 

Dread Soveraigne : 

In true loyalty, we most humbly render your Ivoyall INIajes- 
ty an account of our receiving your gracious letter to us (by 
the hands of your faithfull subjects Capt'n Randall Ilowldon 
and Capt'n John Greene), bearing date at your Court at 
Whitehall, the 12th of February, 1678-9; and alsoe your 
Majesty's letters, to your Colonys ]\Iassachusetts, Plymouth 
and Connecticut : which wee have taken speciall care to de- 
liver to the severall governments, according to your Royall 
directions. And as to your Royall commands to us, wee doo 
with all cheerfulness and alacrity yield obedience, and to the 
utmost of our abillity and power shall (soc farr as God shall 
enable us) readily and faithfully bee obedient to your Ptoyall 
commands formerly and now ; and alsoe to such as your Maj- 
esty in your wisdom and justice shall please for the future to 
lay upon us : for the maintaining and upholding your Majes- 
ty's honour and interest, and the good and weale of your 
Majesty's loyall sulajects, in these remote parts of your domin- 
ions, in this your Majesty's Collony of Rhode Island and Provi- 
dence Plantations, in New England, in America. 

And concerning the late war with the Indians, wee render 
your Majesty this account It began in June, 1075, and first 



44 RECORDS OF THE COLONY OF RHODE ISLAxN'D, [1679. 



broke forth between Sachiiu Phillip and the Collony of New t 
Plymouth, and was prosecuted by the three United Collonys [ 
(as they tearni themselves), and afterwards several! other Na- ■ 
tions of the Indians were concerned in the said war, whereby : 
man}^ or most of your Majesty's subjects in these parts were '■ 
greatly distressed and ruined. Butt this your Majesty's Col- \ 
lony not being concerned in the said war, only as necessity re- : 
quired, for the defense of their lives, and what they could of [ 
their estates, and as countrymen and fellow subjects, did with 
our boats and provisions, assist and relieve our neighbours ; 
wee being no otherwise concerned, cannot at present render , 
your Majesty a full and ample account of those affaires ; only 
this wee are bold to informe your Majesty, that Sachim Phillip, \ 
the beginner of the warr, was slaine (in Mount Hope neck, 
where the warr began) by an Indian belonging to this your 
^Majesty's Collony. He was one of a small company under the ■ 
command of a Captaine of PJiode Island, in this your Majesty's 
Collony, who was then in that engagement, with a Captaine of ' 
Plymouth forces as volunteers. ; 

And most gracious Soveraigne, wee humbly beg your par- ' 
don for our remissness in not giveinge your jMajest}^ an ac- i 
count sooner (soe far as Avee were able) of those wars and > 
troubles, in hopes for the future wee shall bee more carefull - 
and observant. 

And concerning that tract of land called Mount-hope, that 
belonged to Sachim Phillip and his adhereants, and Avere con- 
quered by your ^lajesty's subjects of New England, in tlie late 
Indian Avar; the contents thereof is about seven thousand 
acres, a plat thereof Ave have caused to be taken, and herewith 
present to your Ixoyall ]Majesty ; the soil for the more part, is 
fertill, the valine is esteemed to be three thousand pounds ster- 
ling, as noAv it is being uncultivated ; the seittuation whereof 
being on the east side of the Narragansett Bay. And Avee 
humbly conceiA^e by your Majesty's gracious Charter to us 
granted (the easterly bounds Avhereof extends itselfe to the 
eastward of the said Bay three English miles), Avithin which 
limmitts the said lands called Mount-hope Neck or the greater 



1G79.] AND PROVIDENCE PL.\^'TATIONS. 45 

part tliercof, is scittuated. But it was by your iSIajcsty's hon- 
orable Commissioners, when in these parts of your Majesty's 
territorys, settled to be under the government of New Plym- 
outh, untill your iMajesty's pleasure were further knowne. 

And most dread Sovcraign, wee in all humble manner im- 
plore and beg your Excellent Majesty in your gracious clem- 
ency and wisdom, to take the present condition of your 
poore subjects oi' this your IMajesty's Collony of Rhode Island 
and Providence Plantations and King's Province, that those 
lands being within the limmitts of your gracious Charter to 
us, alsoe settled upon us by your jMajcsty's Honourable Com- 
missioners, and now confirmed by your Royall Letters, as is 
above expressed ; notwithstanding the United or Confederate 
CoUonys (as they tearme themselves) have endeavored to in- 
sult over your loyall people, and have forbidden us the exer- 
cise of your Royall pleasure, as to the government thereof. 
And alsoe have as we are informed, consulted to dispose of the 
said Province lands, as their conquest. Though wee know 
such lands are only to be disposed at your Royall pleasure, 
wliicli was the natives, unpurchased by the inliabitants of this 
your ^Majesty's Collony. That your Majesty will please in 
your benigne favour and bounty, to give and grant to us, the 
privilcdges and libertys of the free and cleere enjoyment of 
the possession of all those lands, by your Majesty's sulijects of 
this Collony, formerly leagally purchased by them of the na- 
tive Indians. That thereljy your ^Majesty's sul)jects, may be 
the better ena])led to yield all due allegience and obedience 
unto your Majesty's authority in this your Collony ; not 
doubting your ^Majesty in your Princely clemency will be 
pleased to encourage the settlement and increase of this your 
Majesty's Collony, and bee graciously pleased to understand 
that many of the youth and others of this your Majesty's Col- 
lony have been constrained for want of lands, to remove them- 
selves and estates into other Collonys, to the great weakening 
and impoverishing of this your Majesty's Collony : the youth 
of this Collony being indisposed to live under any other gov- 
ernment, being naturally inclined to true loyallty, as was and 



46 HECOKDS OF THE COLONY OF RHODE ISLAND, [1679. 

is tlieii- predecessors, who ever had a loathing to any usurped 
power, repugnant to your lloyall pleasure and authority. And 
thcrelbre humbly beseech your Majesty that such of this your 
CoUony, that want settlements, may be supplyed out of those 
vacant lands, unsettled in your said Province, before any 
otliers. 

And tliat it may be enjoyed upon the same tearmcs as is 
expressed in your gracious Charter to us. 

And dread Sovcreigne, wee in all humble and bounden duty, 
prostrate our reall, true, hearty and thankfiill acknowledge- 
ments unto your sacred ]\Iajesty, fur all your former and pres- 
ent lloyall favours and bountys to us your poore subjects of 
this your Collony, soe often and soe graciously extended, 
which wee hope will still bee continued ; and alsoe our humble 
thankfull returnes unto your Majesty for those your gracious 
fiivours on our behalfe, afforded to our honoured neighbours 
and friends, Capt'n Pvandall Ilowldon and Capt'n John 
Greene. 

And wee returne our lioarty praises to God vVlmighty, for 
your Majesty's wonderful! preservation and deliverance from 
that late hellish conspiracy against the life of your sacred 
Majesty, and the subvertion of the Christian religion in your 
kingdoms ; with our hearty prayers to God to grant your 
Majesty a long, happy and prosperous reigne. 

Wee humbly prostrate our selves and lives to your jMajes- 
ty's feet, and in bounden duty remaine your ^lajesty's most 
loyall faithfull subjects, and humble servants. 

Signed in the name and l)y order of the Generall Assem- 
bly of your Koyall jNlajesty's Collony of Rhode Island 
and Providence Plantations. 

JOHN CRANSTON, Governor. 
Rhode Island, the 1st of August, 1GT9. 
To our dread' Sovereigne, Charles the 2d, King of England, 
Scotland, France and Ireland, Defender of the Faith, &c. 



1GT9.] AND PR0\1DENCE PLANTATIONS. 47 

Voted, That the Governor, the Deputy Governor and the 
Assistimts on the Iskmd, are desired and empowered to draw 
up letters unto those honored gentlemen in England, viz. : Sir 
Ilol)ert Southwell, William Blathwaite, Esq., Secretarys to his 
^lajesty, and to i\Ir. Robert ^Mason, by way of thankfuU re- 
turnes to them for their noble respects to this Collony ; and 
our honored friends Capt'n Randall Ilouldon, and Capt'n John 
Greene. And the Governor to signe the same in the name and 
on behalfe of this Assembly. And the Governor is desired to 
order and appoint the time for that worke, when if all appeare 
not, soe many as appear, are empowered to finish the same. 

Voted, That a petition presented to this Assembly by 
Capt'n Randall Ilouldon and Capt'n John Greene, for the sum 
of forty-five pounds by them disbursed in England on the Col- 
lony's account ; and fifteene pounds, their passages out of 
England. This Assembly doe ownc their demand, and order 
the said money, being sixty pounds sterling, shall be truly paid 
and borne by the Collony. 

Voted, And that for the payment of the aforesaid sum of 
sixty pounds, it shall be paid as followeth : the towne of New- 
port to pay the sum of eighteen pounds ; the towne of Ports- 
mouth eleven pounds ; the towne of Providence four pounds ; 
the towne of Warwick four pounds ; the towne of AVesterly 
four pounds ; New Shoreham four pounds ; Kings Towne six 
pounds ; Greenwich three pounds ; Jamestowne six pounds. 

And it is ordered, That the said sums in each the respective 
townes to be assessed on the freemen and inhabitants of each 
towne, and be paid in by the severall townes unto the General} 
Treasurer in money, or pay equivalent to money ; and each 
towne is to bee at the charge according to proportion for that 
by law allowed to the Generall Treasurer for his s^dlery, over 
and above this assessment aforesaid. And the said sums are 
to be levied in each lowne on or before the last day of August 
next, and brought in and delivered to the Generall Treasurer 
on or before the last day of September next, which shall forth- 
with upon receipt thereof, or any part thereof, be paid by the 
Generall Treasurer, as is after expressed. And upon neglect 



48 EECORDS OF THE COLONY OF RHODE ISLAND, [1G79. 

or refusall of not levioing the assessment or non-payment, the 
same method and course to be taken and used, as is ordered 
concerning the £300 rate, last assessed by the Collony. 

And further ordered. That whereas Capt'n Randall Ilowldon 
and Capt'n John Greene, inhabitants of the towne of Warwick, 
should have the sum of sixty pounds in New England money, 
as aforesaid, paid them by the CoUony, in a rate to be levied 
upon the severall townes in this Collony, viz. : the ttnvnc of 
Newport, on Rhode Island, to pay the sum of eighteene pounds 
in money ; the towne of Portsmouth, on said Island, to pay the 
sum of eleven pounds in money; tlie towne of Providence the 
sum of four pounds in money ; the towne of Warwick the 
sum of four pounds in money ; tlie towne of Kings Towne the 
sum of six pounds in money ; the towne of Westerly the sum 
of four pounds in money ; the towne of Shoreham the sum of 
four pounds in money ; the towne of East Greenwich the sum 
of three pounds in money ; the towne of Jamestowne the sum 
of six pounds in money, with the charges of transportation to 
Newport, and the Gencrall Treasurers fees. And there being 
a necessity for tlie present money to answer the engagements 
of Capt'n Randall Ilowlden and Capt'n John Greene, Mr. Ste- 
phen Arnold haveing paid downe the said sum of sixty pounds 
upon the engagements of the severall persons here under writ- 
ten, to see him paid again, viz. : jNIajor John Cranston, Govern- 
our, Mr. Walter Clarke, Deputy Governour, ^Ir. Caleb Carr and 
Mr. Joseph Clarke, haveing given tlieir bills to Mr. Arnold 
for eighteen pounds, eight shillings, in money, Mr. Thomas 
Ward gave his bill for three pounds, twelve shillings in money; 
Capt'n John Albro, John Sanford, Mr. George Lawton and Mr. 
William Codman gave their bills for eleven pounds in money ; 
Mr. John Warner gave his bill for fifteene pounds in money ; 
]\Ir. Joseph Jencks gave his bill for four pounds in money ; 
Mr. George L;vwton gave his bill for four pounds in money, 
and jMr. John Williams gave his bill for four pounds in money. 
The said bills being given to Mr. Stephen Arnold for the pay- 
ment of the sum of sixty pounds in money. Therefore these 
are to order the GcneraU Treasurer, Major Peleg Sanford, to 



1679.] AND PROVIDENCE PLANTATIONS. 49 

sec tliat according to law the su]n of sixty pounds money, with 
his fees for receiving and the charges, be gathered and insessed 
upon the inhabitants of each towne in the Collony, and brought 
by the hist of October next, and be paid as it comes into his 
hands, to the severall persons according to tlieir proportions^ 
■wliich have given their bills to Mr. Stephen Arnold for the 
same. And that the said sum of sixty pounds is not to be 
made use of, or any other wayes disposed than the true and 
absolute discharge of this the Collony's debt 

Voted, That whereas in the assessment made by the Assem- 
bly in October last, for the payment of the Collony's debts, 
money was ordered to be the principal rule for payments, and 
other species to be paid, a certaine price was sett, in which or- 
der wooll at six pence per pound, and great part of the said 
rate being brought in to the Gencrall Treasurer in wooll, which 
the Treasurer cannot refuse to receive, nor pay under the price 
assessed ; neither at that rate can produce moneys : this As- 
sembly doe order, That for what wooll the Treasurer hath re- 
ceived, and hath paid to Mr. Miles Forster, or to any person 
by him ordered to receive it, on the Collony's account for 
moneys due, shall be paid and accounted at five pence per 
pound, and the Treasurer shall be secured in paying wooll at 
that rate to the said Mr. Forster, or his order. 

Voted, Whereas it hath evidently been made to appear to 
tliis Assem])ly that Mr. Richard Smith, inhabitting in Xarra- 
gansett, in the King's Province, hath exhibited and layd a, pe- 
tition before his Majesty and the Honorable Lords of his 
Privy Councill, in the Kingdom of England, the said petition 
being composed with many false, untrue and unjust chai-ges on 
the government of this his M.ijesty's Collony, and alsoe therein 
endeavouring the absolute overturn and subversion of tliis gov- 
ernment under his ^Lijesty, and bringing the same under the 
government of Connecticut, contrary to his Majesty's gracious 
grant in his Charter to us, which proceedings of his are against 
the law of this Collony, and true allegiance to his Majesty and 
his authority placed and established in tliis Collony : this As- 
sembly, in due obedience to his Ahijesty's honour and autliurily 

VOL. in. 4 



50 RECORDS OF THE COLONY OF RHODE ISLAND, [1G79. 

doe sec cause to order, That the said Pticliard Smith, with 
all convenient speed bee apprehended, secured and duly ex- 
amined, and prosicuted for those his unlawful! acthigs. And 
to that end, and for the full and rcall performance of the 
premises, this Assembly doe desire that witli all convenient 
speed the Governor be pleased by a warrant under his hand, 
to cause the said Mr. Richard Smith to be apprehended and 
brought before the Governor, or Deputy Governor, and such of 
the Councill as may be present, to be dealt withall as the Gov- 
ernor and Councill shall see cause to be just and legall, accord- 
in !»• to the meritt of his ofrense/-"= 



'••■ PctUion of lUcharcl Smilh and others. 

To the King's Most Excellnnt Majesty. The humble petition of Kichard Smith, 
in behalfe of himsolfe, John Winthrop, Esq'r, Josiah Winsloo, William Harris, 
John Viall and others, proprietors and inhabitants on a tract of land calleil the 
Narragansett Country, part of your Majesty's dominions in New England 
Sheweth : 

That your petitioners are inhabitants in that part of New England called the 
Narragansett Country, where their ancestors did about forty years since sit down 
and expend great sums of money in planting and improvcing the same. 

That in the 13th year of your Majesty's reignc, upon the humble petition of John 
Winthrop, Esq'r, John Mason, Samuell AVillis and others, inhabitants in the south- 
ermost parts of Now England, your Majesty was graciously pleased to incorporate 
the said inhabitants by the name of the Govcrnour and Company of Connecticut 
Colony, giving and granting unto them and their successors, all the part of land in 
New England, in America, bounded on the east by the Narragansett Bay, with the 
Island adjoyning thereunto. 

That in the 15th yeare of your Majesty's reignc, John Clark, on behalfe of Ben- 
jamin Arnold, Wva. Brenton and others, procured a grant of Incorporation like- 
wise from your Majesty, by the name of the Governour and Company of Rhode Is- 
land, and the rest of the Colony of Providence Plantation in the Narragansett Bay 
in New England, thereby including (as they pretend) all the lands planted by your 
petitioners, and formerly granted to the Governor and Company of your Majesty's 
Colony of Connecticut, as aforesaid. 

That your petitioners finding many inconveniences arising daily by reason of a 
government usurped by the inhabitants of Rhode Island, on the pretence aforesaid, 
the exorcising and imposing other lawes and formes of government, than what your 
petitioners had been accustomed unto, did about seven years agoe by the hand of 
Richard Smith, the present petitioner, who came then alsoc into England, [to] pre- 
sent their humble petition to your Majesty, signed by the principall proprietors and 
inhabitants in the said Narragansett Country,;jetting forth the mmy irregularities 
in the proceedings of the government of Rhode Island, and humbly prayed your 
Majesty's rclicfe therein ; but the warrs with Holland and other weighty affaires of 



1G79.] AND rROVIDENCE PLANTATIONS. 51 

Voted, Whereas upon a petition of Cnpt'n John Albro to 
this Assembly in May last, in behalfe of his sonn John Albro, 



State intervening, your petitioners were referred to a more convenient time ; by 
which means your petitioners are without any settled government. 

That in the time of the late Indian warr, the petitioners sent to the government 
of llhodc Island for their protection and defence, which was absolutely dcnyed 
them, the then Governor of llhode Island being a Quaker, and thought it perhaps 
not lawfull either to give commission or take up amies ; so that their townes, goods, 
come, and (tattle were by the savage natives burnt and totally destroyed : whereby 
the petitioners are become great sufferers in their estates and fortunes. 

Your petitioners therefore humbly pray your Majesty to take the matter into your 
gracious consideration, and to grant your Royall letters, directed to the government 
of Rhode Island, requiring them to forbear to exercise any authority over the in- 
habitants of the Narragansett country; but that your petitioners and other inhab- 
itants of the said country, together with the Islands Quonaniquett, Hope, Patience 
and Dutoh Island, thereunto belonging, may be settled and restored unto the gov- 
ernment and jurisdiction of your Majesty's Govcrnour and Company of Connecti- 
cut Coloiiy, according to your ^lajesty's precedent grant, and so remalnc untlll 
your Majesty's pleasure bo further knowne. 

And your petitioners shall ever pray, &c. RICHAIID S^IITII, 

In behalfe of hiraselfe, and others above mentioned. 



Order in Councilh on ilic jjciilion of Richard Smith and other's. 

At the Court at Whitehall, tlie 3d of July, 1G78. 
By the King's Most Excellent Majesty and the Lords of his Majesty's most Honor- 
able Privy Councill. 
Upon reading this day, at the Board, the humble petition of Richard Smith, in 
behalfe of himselfe, John "Winthrop, Esq'r, Josiah Winsloe, William Harris, .John 
Vyall, and others, proprietors and inliabitants on a tract of land called the Narra- 
gansett Country, part of his Majesty's dominions in New England, setting ibrlh 
the many great inconveniences arising dayly by reason of a government usurped 
over them by the inhabitants of Rhode Island, on pretence of a Charter of Incor- 
poration granted to them in the 15th yeare of his Jilajesty's relgne, and praying his 
Majesty's letters to the government of Rhode Island to forbear to exercise any au- 
thority over the inhabitants of the Narragansett Country, but that tliey together 
with the lands Quonanifpiett, Hope, Patience and Dutch Island thereunto belong- 
ing, may, according to his ^.lajesty's precedent grant in tlie 13th year of his rcignc, 
be settled and restored unto the government and jurisdiction of the Connecticut 
Colony. It was ordered" by his Majesty in Councill, that it be, and is hereby re- 
ferred to the Right Honorable the Lords of the Committee of this Board for Trade 
and P!r.:;tations, to examine and consider of the matter of this Petition, and to re- 
port lo lii.-- Majesty in Councill how they find lhc« ?anic, with their opinion, what 
tlicv jnd':;o most fit to be done for redressing the inconvenlcncys coniplayned of. 

JOHN NICHOLAS. 



52 RECORDS OF THE COLONY OF RHODE ISLAND, [1679. 

Jim'r, concerning a verdict of the jury in the Generall Court of 
Tryalls (held the 12th of said May), against his said sonn 
John Albro, upon which petition, the Assembly did see cause 
to order the Court of Tryalls to suspend judgment, referring 
the further consideration of that matter to their next sitting, 
as is more fully expressed in that act ; and this Assembly 
haveing perused the said petition, and seariously considered 
the matter, doe referr the further consideration of that matter 
unto the Generall Assembly in October next, to judge of and 
determine. 

Voted, That the Generall Sergeant shall from time to time 
take care for the providing victualls for the members of the 
Generall Assemblys and Courts of Tryalls, as is ordered in the 
act of the Assembly sitting in May last, and shall be truly 
paid by the Generall Treasurer. 

Voted, That an order be given from this Assembly by the 
Recorder to the Generall Treasurer for the payment of twenty- 



Warrant for apprehending Bichard Smith. 

To Mr. John Easton, one of his Majesty's Constables for the towne of Newport, 
or any other of his Majesty's Constables of said Towne, or Towne ot I'orts- 
moiith, greeting: 
These are in his Majesty's name, King of England, Scotland, France and Ire- 
land, &c., to require you or either of you forthwith upon sight hereof, to apprehend 
the body of Richard Smith, merchant, inhabitant in the Narragansett, in the King's 
Province, in his Majesty's Colony of Rhode Island and Providence Plantations, and 
him the said Smith finding or apprehending, to secure and bring before us in the 
towne of Newport, the next Wednesday, the twenty-third (23) day of this instant 
moneth, July, 1679, and then and there to answer to suL-h charges as shall bee ex- 
hibited against him ; and also to the examinations that the authority shall see cause 
to premise, in his Majesty's behalfe. Hereof fixil not at your perill. 

Given under hands, the 19th day of July, 1G79.— fJ. Carter Brown's Mss. Vol. 
21. Nos. 132-4.; 

JOHN CRANSTON, Governor. 
WALTER CLARK, Deputy Governor. 
CALEB CARR, Assistant. 
THOMAS WARD, " 
A true copy of the warrant, by 
JOHN EASTON, Jun'r, Constible. 

[For additional papers relative to the controversy connected with the Narragan- 
sett country, see the end of this session.] 



1679.] AND PROVIDENCE TLANTATIONS. 53 

two shillings in money, to be paid to the Generall Sergeant for 
the payment of Robert Levis for a dinner by the said Levis, 
made for this Assembly. 

Voted, Whereas there is an act made by the Generall As- 
sembly in the yeare 1678, wherein is expressed that noe rate, 
tax or mulct shall be laid or imposed upon the inhabitants of 
this Collony, before each respective towne have legall notice 
from the Governor or Deputy Governor, by warrant, this As- 
sembly upon the searious consideration thereof, and finding that 
clause in the said act to be prejudiciall to the carrying on and 
managment of the publick aflaires and weale of this Collony, 
doe therefore see cause, and repeale and make null the said 
clause in that act ; and order. That it shall be lawfull for the 
Generall Assembly at any time being to assess and impose 
such rates, taxes and mulcts on the inhabitants of this Collony 
as to them now, or at any time for the future, shall appear neces- 
sary for the maintaininge his IMajesty's authority, and the good 
and weale of this his Majesty's Collony ; any law or act to the 
contrary thereof in any wise notwithstanding. 

Voted, That in pursuance of and obedience to his Majesty's 
gracious favours, and for the settlement of his IMajesty's au- 
thority and government in the King's Province, it is ordered, 
That the Governor or Deputy Governor, with six of the Assist- 
ants at least, when the Governor shall see cause to order, shall 
goe to the said King's Province, and endeavour the performance 
of his ^Majesty's favours and commands to us granted, accord- 
ing to his Commissioners' determination. 

Voted, That the Recorder doe draw a copy of his IMajesty's 
letter to this Collony, brought by Capt'n Randall Ilowldon and 
Capt'n John Greene, and the said copy shall be sent in the first 
place to the towne of Providence, and from thence Avith all ex- 
pedition to the towne of Warwick, and soo with all expedition 
from towne to towne, unto all the townes on the maine land in 
the King's Province ; and in each towne to be published to the 
inhabitants, that thereby his IMajesty's pleasure may be duly 
made knowne ; and that towne or townes that desire and are 
willing to keep a copy of the letter, have liberty to take one : 



54 EECORDS OF THE COLONY OF EIIODE ISLAND, [1G79. 

soo that it be speedily done, not to hinder tlie expedition of the 
publication thereof. And then the said originall copy to be re- 
turned to the Recorder's oflice ; and alsoe, that the King's let- 
ter, or copy thereof, shall be published in the towncs of New- 
port, Portsmouth, New Shorehani, and JanrestoAvne. 

And alsoe ordered. That the Governor, De}tuty Governor 
and the Assistants in Newport; the Assistants, or Conservators 
of the Peace in each the other townes, shall take care and or- 
der the pul)lication thereof. 

Voted, That whereas there is a da3dy expectation tliat his 
Honor, Sir Ednuuid Andros, Governor of New Yorke, -will u-ivc 
us a visitt, and if he please soe to doe, that he may ]j(3 siitealdy 
honored and accommodated as a person of his high degree and 
worthiness (according to our abillity), this Assembly doe full}^ 
recommend the performance thereof unto the care and order- 
inge of our Honored Governor, and the Generall Treasurer, 
Major Peleg Sauford ; the charge thereof to Ije born(^ and paid 
by the CoUony. 

Voted, Upon a petition presented by Willi;i!n Clarke, this 
Asseml)ly doe forgive him the paying five shillings. 

Voted, V/illiam Clarke haveing petitioned this Assembl}^ 
concerning sevorall Indians by him and his Company taken in 
the time of the warr, he then being Commander of one of the 
sloops in the ycare 1GT6, Avhich as he aflirmeth, were taken 
from him and disposed of by the authority on the Island, with- 
out giveing him satisfoction, and therein desireing reliefe from 
this Assembly. 

The Assembly, upon the searious consideration of tlie matter, 
doe see good cause to recommend his case to the Councills of 
the townes of Newport and Portsmouth, to take effectuall c;ire, 
and soe far as appeare just, to answer the petitioner for his 
reliefe. 

Voted, Whereas Edward Lay, of Portsmouth, hath petition- 
ed this Assembl}^ to be granted the liberty of keeping an Inn, 
or house of entertainment in the towiie of Portsmoutli, under 
the injunctions by law ordered ami appointed, pleadinge age 
and debillity of body to hard labor : this Assembly, upon the 



16 7 9.] AND PROVIDENCE PLANTATIONS. 55 

searious considcmtion thereof, Joe reooiiiincnd to the towne of 
Portsmouth their desires that they considering the petitioner's 
reasons in his petition and other searious considerations, they 
doc condescend to the petitioner's desire, and if he transgress 
therein, to be proceeded against according to Law. 

A^oted, The Ptccorder shall draw forth the copy of the act of 
the Generall Assendjly in October, 1674, concerninge the con- 
firming of the act of the Generall Councill, in establishing 
a towneshipp in Narragansett, and calling it Kings Towne, 
which shall be sent to the inhabitants there, under the scale of 
the Collony. 

Voted, Wee have received a letter from the Honored Gov- 
ernor Winslow, of Plymoutli, that we desire to survay JMount 
Hope iS^eck, Mr. James Browne, and Capt'n John Browne will 
assist in doeing it. 

The Assembly doe conceive it necessary to have the said 
Mount Hope Neck survayed, in order to render an exact account 
thereof unto his Majesty. This Assembly doe therefore desire 
and employ John Smith, to survay the said Neck, and draw 
two draughts thereof. And John Borden is desired to behelp- 
full to and assist John Smith in that Avorke, and the charge 
thereof shall be borne and paid by the Cullony. 

Voted, Whereas the proprietors of Potowomet and the pro- 
prietors of East Greenwich, and the propi-ietors Avitli Capt'n 
John Foanes, haveing amongst themselves made a lovcinge 
agreement, by which said agreement Capt'n John Foanes with 
twenty-three others his partners, are allowed to be part of the 
iulial>itants of East Greenwich, and are to liaye their lands 
with* ait the former engagement laid upon it in the first grant- 
ing the Siud lands, each division is to be according to the platt 
here presented in Court. And whereas there vrere three pur- 
chasers of a place called ^^laskachusett, those three persons are 
hereby esteemed to be three proprietors of tlie said East 
Greenwich, without the injunction of building. And whereas^ 
there hath been a grant of Court to severall persons that are 
not yett settled in East Greenwich, this Assembly doe order, 
that if there bee not roome in East Greenwich for their accom- 



56 RECORDS OP TILE COLONY OF RHODE ISLAND, [1G70- 

modation, that then they shall be first accommodated in the 
next tuwneshipp, except it bee such as have forfeited their 
grant. 

Voted, That the Recorder shall give fortli copys under the 
scale, of the acts of this Assembly, to all the townes in this 
Collony, soe as the said copys may be ready to be sent to each 
towne within three weeks time of the adjournment of this As- 
sembly ; and the Recorder is to take care for the sending the 
copys to each towne, to pay the Recorder tlie sum of nine shil- 
lings in or as money, for each copy. 

Voted, That the Recorder, John Sanford's bill for six 
pounds, ten shillings currant pay, is owned and accepted, and 
ordered to be paid by the Generall Treasurer. 

Voted, The Recorder is ordered to write in the behalfe of 
this Assembly to Mr, James Browne, to signifie to him that wee 
have employed John Smith and John Borden to survay ]\Iount 
Hope Neck, and desire their conciuTance. 

Voted, This Assembly is adjourned untill the first Wednes- 
day in September next, then to asseml)le againe at Newport ; 
but if there doe present occasion to the Governor, or in his ab- 
sence, to the Deputy Governor, they are to bee convened be- 
fore that time. 



DOCU]\IENTS RELATING TO TIIE NARRAGANSETT 
COUNTRY. 

Cciiificale of John Greene concerning the Narraganseit Counirg. 

TO ALL WHOM THIS MAY CONCERN. 
I, John Greene, inhabiting in the Narraganseit Country, called King's Province, 
I being sworn a Conservator of the Peace, do on myoathaffirrae, that forty years and 
more, Mr. Richard Smith, that I then lived with, did first begin and make a settle- 
ment in the Narragansett, and that by the consent and with the approbation of the 
Indian Princes and people, and did improve land mow meadows severall ycares 
before "Warwick was settled by any English man ; and I do declare, that I being 
present, did see and heare all the Narragansett Princes, being assembled tofrcther 
give by livery, and seizing some hundreds of acres of land about a mile in lenftb, 
and so downe to the sea ; this being about thirty years agoe, many hundred Indians 



1679.] 



A}>D TROVIDENCE PLANTATIONS. 57 



being then present, consenting thereunto. I doe alsoe declare, and by these pres- 
ents adirme, that in all the times of our late troubles, we the inhabitants of the 
King's Province, have had no reliefe or assistance from Rhode Island government, 
although we have often complayned to them of the injuries done us by the heathen, 
which made us apply our selves to the Massachusetts government for reliefe and 
safety, the Indians being very insolent and bold then towards the English. Nor 
had we or could we have any reliefe in the time of the late war to keep any one 
place or house in the whole King's Province. This I certify to be true, as I am in 
publique onice, on oath, and under my hand. 

King's Province, in Narragansett, this 21 of July, 16"!). 

JOHN GREENE. 

Tcsiimon?/ of Roger Williams concerning ilic Narraganscii Coiinirg. 

Providence, 2d July, 1G79 (ut vulgo). 
I Roger Williams, of Providenc, in the Nanhigonsett Bay, in New England, be- 
ing (by God's mercy) the first beginner of the Mother Towne of Providence, and 
of the Colony of Rhode Island and Providence Plantations, being now ncere to 
fower score yeare of age, yet (by God's mercy) of sound understanding and memo- 
rie, doe humbly and faithfully declare, that Mr. Richard Smith, Sen'r, deceased, 
who for his conscience toward God, left a fair possession in Glocestershire, and ad- 
ventured with his relations and estate to New England, and was a most acceptable 
and prime leading man in Taunton, in Plymouth Collony, for his conscience sake 
(many ditFerences arising) he left Taunton and came to the Nahigonsik countrey, 
wh.;re (by the mercy of God and) the favour of the Nahigonsik Sachims, he broke 
the ice (at his great charges and hazards), and put up in the thickest of the barba- 
rians, the first English house amongst them. 

2. I humbly testifie that about forty-two years from this date, he kept possession 
(coming and going), himselfe, children and servants, and he had quiet possession of 
his bowsing, land and meadows, and tliere in his own house, with much serenity of 
soule and comfort, he yielded up his spirit to God (the Father of spirits) in peace. 

3. I doe humbly and faithfully testifie (as aforesaid), that since his departure, his 
honored son. Captain Richard Smith, hath kept possession (with much acceptation 
with English and Pagans) of his father's bowsing, lands and meadows, with great 
improvement ; allso by his great cost and industrie. And in the late bloudie Pagan 
war, I knowingly testifie, that it pleased the Most High to make use of himselfe in 
person, his bowsing, goods, corne, provision and cattell for a garrison and supply to 
the whole army of New England, under the command of the ever to be honored 
Gen'l AVinslow, for the service of his Majesty's honour and countrey in New 
England. 

4. I doe alsoe humbly declare, that the aforesaid Capt'n Richard Smith, Jun'r 
ought by all the rules of justice, equltie and gratitude (to his Ilonered Father and 
hmiselfe), be fairly treated with, considered, recruited, honoured, and by his Maj- 
esty's authority confirmed and established in a peacefuU possession of his Father's 
and his own possessions in ibis Pagan wilderness and Nahigonsik countrey. 

The premises I humbly testifie, as leaving this countrey and this world. 

(Signed.) ROGER WILLIAMS. 

Taken upon oath, this twenty-one day of July, ^16 79, before me, John Whip- 
ple, Assistant of this his Majesty's Colony of *Road-Island and Providence 
Plantations, in New England, in America. 



58 llECORDS OF THE COLONY OF RHODE ISLAND, [1679. 

Petition from the iiihahitants of the Karrurjamdt Countr/j to the 

King. 

To the King's :Most Exeelleiit Majesty. The humble Petition and Remonstrance of 
your siihjec-ts, the inliabitants of the Narragansett Countrey, in tlio southiirnc 
parts of New England, called by your Majesty's Commissioners the Kind's 
Province. 

May it please your Majesty: About forty-two yeares since, the father of one of 
your petitioners, namely, Richard Smith, deceased, who sold his possessions in 
Gloucestershire, and came into New England, began the first settlement of the Nar- 
ragansett Country (then liveing at Taunton, in the Colony of New Plymouth), and 
erected a trading house on the same tract of land where now his son Richard Smith 
inhabits, not only at his cost and charge, but great hazard, not without the consent 
and approbation of the natives, who then were very numerous, and gave him land 
to sett his house on, being well sattisfied in his conieing thither, that tlu-y might be 
supplyed with such necessaries as affore times they wanted, and that at their owne 
homes, without much travell for the same. The said Richard Smith likewise being 
as well pleased in his new settlement in a double respect; first, that hoi' might bee 
instrumentall under God in the propagating the gospell among the natives, who 
knew not God as they aught to know him, and took great paines therein to his dy- 
ing day ; secondly, that that place might alford him a refuge and shelter in time to 
come, for the future subsistence of him and his ; wherein he v.-as not only deceived 
in his expectation for loosing almost all hee had in the Indian war among the 
Dutch, where hee likewise made a settlement, chose at last this place of Narragansett 
for his only abode ; no English liveing neerer to him than Pawtuxot, at his first set- 
tling, being ncare twenty miles from him. That place now called Warwick, was 
not then thought on. Much about that time, some gentlemen of the ^lassachusetts 
Collony removed from their habitations and came to the Narragansett Hay and pur- 
chased of the natives an Island in said Day, and called it Rhode Island; Mr. Wni. 
Coddlr.gton being the chiefest of them, and who only purchased the same, and was 
the first and chiefest Governor they had for many yeares ; settling up amom: them- 
selves a government by consent for the well ordering of their owne affaires, and for 
the peace and security thereof In pi-ocess of time, that place called ^Varwi^k, vras 
settled by Mr. Gorton and Iloldcn and others; whereby liicliard Smith, afunsald, 
had some neighbours nearer to him ; and afterwards Mr. Roger Williams, of I'rovi- 
dence, likewise came to Narraganset and built a house for trade, near unto the for- 
mer house of Ricliard Smiths, who in some short time quitted his settlement, and 
sold it to the said Richard Smith, who lived there alone for many yeares, his house 
being the resting place and rendezvous for all travellers passing that way, which was 
of great benefit and use to the country; and was at no small cost and charge there- 
in for ma.'.y years together, to the great rclicfe of all travellers. But time, that 
produces changes, caused him, being wearic of living alone in a desolate wilder- 
nesse ; yet haveing plenty of Indians and wild creatures, to desire neighbor- 
hood and invited his neighbours in New England to purchase of the Indians and 
settle the countrey with him, wiiich accordingly some wcU-aflected persons of Rhode 
Island, and some of the Massachusetts Collony, Connecticut and New Plymouth 
joyned with the said Richard Smith and his son Richard Smith, your present peti- 
tioner, who lived there Avith his father, and made two small purchases of two tracts 
of land by the sea-side. And much about the same time some of Rhode Island pur- 



i 1670.] AND TROVIDENCE PLANTATIONS. 59 

^ chased an lilaml iii the Bay called by the natives Quononaqiiat, and another com- 
' pany of Rliode Island and Boston joyned together, but most of Rhode Island pur- 
: chased another tract of land in the Narragansctt country, to the southward of that 
above-mentioned, first for the digging of black lead, afterwards for their further set- 
■' tloment ; whereby the country came to be inhabited with English to the great cost 
'. and eluir'^e of the first settlers. The country being all this wliile under no setlted 
government ; yet claimed by scverall Collonies by virtue of grants from some 
Lords in England in the times of the troubles there. But no settled government 
till vour Majesty was pleased to grant your gracious Letters Pattents to Connecti- 
cut and Rhode Island, both which including tlie Narragansctt Couuti-y, caused 
great troubles to the inhabitants by making them olFenders for not complying with 
either as they were commanded, when in truth they knew not whom to submit to ; 
and was the only hinderance of the settlement of that country. Some of the pur- 
chasei.s and the proprietors thereof choosing to submit unto the government of 
Connecticut, as per articles of agreement made between the Agents of each CoUo- 
ny in England, by the Lord Brewerton, Capt'u Deane, Major Thompson, Doctor 
"Worsley and Capt'n Brookhaven, may appear. Yet notwithstanding this proved 
incllcetuall to the ends of peace and unity so much desired, to the great grievance 
; ar.d discouragement of the inhabitants that v/erc there minde<l to improve their 
■ settlements; though some of the same purchasers haveing sold their rights to oth- 
:' ers, now endeavor to obstruct the rest of their co-purchasers in tlie enjoyment of 
theirs; but dillercnces still increasing about the government, your Majesty's Com- 
^ missioners in the yeare 1G94, viz. : Sir Robort Carr, CoUonell Cartwright, and 
Samuel! Maverick, gave the name of King's Province to the Narragansctt Country, 
and forbid any persons of any jurisdiction whatsoever to exercise any authority in 
tiie said King's Province; but who should be authorized by them under their 
bands and scales untill your Majesty's pleasure was further knowne. Since which 
the said Connnissioners "ranted forth orders for settling part thereof; as to ^Ir. 
Brown, Capt'n Willit and others. Notwitlistanding which the govL'rnment o^ 
Rhoile Island liatl\ of late forced a settlement upon some of our said lands con- 
' trary to the said Commissionei's' orders and your Majesty's letter as lately, at a 
])lafe llu'v ca'.K'd East Greenwich. In the limes cf these troubles and contests, the 
Iniians proved insolent and very injurious to your petitioners, the inhabitants, not 
without private abetters, ar. was suspected, killed our cattle, destroyed our creatures 
and plundered some of our houses, sdc that wee were hardly able to live among 
them; some of us loosing in some few yeares ncare luO head of cattle. And when 
complaint was made to our superiours at Rhode Island, wee could have no reliefe, 
which made some of us apply ourselves to the Massachusetts Collony for redress of 
tJiesc outrages and enormities committed against us, according to an order of your 
Jilnjcsty's, granted unto them about the yeare 1GG3, but still were without remedy; 
which many of us foresaw would end in a warr with the Indians if not timely and 
wisely [)reventcd. Which afterwards came on apace, to the ruin and destruction 
of your petitioners' visible estates in that Province. So that it became a desolate 
wlldernes^c agaiue ; and instead of Christian people, replenished with howling 
wolves and other wild creatures. But it pleased the Lord in his due time to put a 
period to these warrs, and your petitioners the former inhabitants, went over from 
Rhode Island, whither wee reti'cated with that little vco had left, where it cost us 
one halfe of our cattle to keep the rest and carry us over. So cold was their charity 
to their poorc neighbour? in distress ; and then and since imposed taxes on us, when 



60 RECORDS OF THE COLONY OF RHODE ISLAND, [1G79.' 

your petitioners had hardly any thing left for the subsistence of tliemsclves and lit- 
tle ones ; and settled in the King's Province againe, when very dangerous liveing 
in [cellars and holes] under ground, till wee got a little beforehand to rebuild, , 
■which with our owne industry and hard laboure, wee hope in time to eflect, if not ; 
discouraged and hindered by many that threaten to turn us olf. May it ploasc 
your Majesty, this being in short, the true state of aiVaires of the Narragansett ■ 
Country and the people there inhabiting, from the first settlement to this present 
time. Your petitioners, the inhabitants thereof, do humbly supplycate your Maj- 
esty, as you have been pleased to send your gracious letters to the fbure Collonys 
of New England strictly to will and require them to take care of the inhabitants 
there at present, so that you would in your princely wisdom and Royall bounty and 
justice, for the future vouchsafe an eye of favour upon the poore inhabitants your 
petitioners, the first settlers thereof, in a more peculiar manner, who have been at 
great cost and charge, and have laid out (most of us) all wee have in this world up- 
on the same, and are not able to subsist, if removed from thence; it being now 
become in a manner our native country to some of us, and is as to many of our 
children who were there borne ; and we hope and promise for ourselves and chil- 
dren that shall succeed us, that your Majesty in no part of New England shall 
have more loyall and faithful subjects than your present petitioners; humbly re- 
questing and desiring, that your Majesty would put an end to these dilferences 
about the government thereof, which hath been so fatall to the prosperitie of the 
place ; animosities still ariseing in peoples' minds, as they stand affected to this or 
that government, and may be wronged and injured by either government of these 
that take place, the transactions of former things being fresh in memory, an impar- 
tial! and equall judicature being the great and earnest the desires of your petition- 
ers to live under, being wearied out with the former contests and the troubles wee 
have mett with from both Collonies commanding us, do all of us unanimously and 
with one consent supplicate your Majesty not to leave us to the government and 
dispose of those that seek advantages against us. The country being large and 
able to containe many families, may make an entire Province, if your Majestye see 
cause. And your petitioners shall ever pray, &c. And subscribe your Majesty's 
bumble, loyall and obedient subjects. 

King's Province, in Narragansett, July 29, 1679, 

(Signed in one hand). William Bently, Henry Gardner, John Greene, Richard 
Smith, Nicholas Gardner, Benj. Gardner, John Coale, Jcr. Bull, Geo. Gardner, 
Sam. Eldred, Tho. Gold, Daniel Greene, Arthur Aylworth, Geo. Whitman, Sam. 
Wilson, Hen. Reynolds, Robert Vinin, James Greene, James Reynolds, John El- 
dred, James Reynolds, Thomas Sovell, Daniel Eldred, Rob't Spink, Daniel Swete, 
Rob't Spink, Jun'r, Joseph Dalauer, Sam. Alsbery, John Shelldin, Alexander Fe- 
nix, William Gardner, William Coston, Henry Tipets, John Sheldon, Jun'r, Aron 
Jackwales, William Knolls, FrcU Newton, Thos. Brooks, Rouse Helme, Geo. 
Palmer, Joseph Reynolds, Lodwick Updike. 

(Indorsed.) Petition of the inhabitants of the Narragansett Country. 

Received from Mr. Lewyn the 3d March, 1679-80. 

Amivcr of Randall Holden and John Greene of Wanvick, to the Pe- 
tition of Richard Smith and ot/icrs, of the Narragansett Country. 

To the Right Honorable the Lords Committees of Trade and Plantations : 

In obedience to your Lordships' order of the 30th of July last, requiring us, soo 



1679.] AND PROVIDENCE PLANTATIONS. 61 

far as wc arc able, to give information to your Lonlsliips and make answer to a pe- 
tition lately presented to liis Majesty by Mr. Ricliard Smith, in belialfe of himselfe 
and others, declaring themselves to belong to his Majesty's Collony of Connecticut, 
in New England, and complaining of matters done by the government of his Maj- 
esty's Collony of Rhode Island. 

Wee, Randall Ilolden and John Greene, inhabitants af the towne of Warwick, 
within the said Collony of Rhode Island, doc humbly informe your Lordships, that 
whereas the said Richard Smith, and others named in the petition, call themselves 
proprietors and iidiabitants on a tract of land called the Narragansett Country, wee 
doc much wonder at their confidence to challenge the lands, forasmuch as they can- 
not bee ignorant that his Majesty is sole proprietor thereof, and soe declared by his 
Majesty's most Honorable Commissioners in 1GG5, and by tliem called and since 
known by the name of the King's Province; who having then duly heard the matter 
of their claim, upon their complaint against his Majesty's Collony of Rhode. Island 
and Providence Plantations, for notwithstanding them in their intrusions ; as alsoc 
his Majesty's subjects the Indian Sachems' allegations with respect to their deed made 
in ]6r)9, for those lands his Majesty's said Commissiijners did declare their pretend- 
ed Indian purchase void, and required them speedily to quit the said lands. Copies 
of writings that are pertinent to these matters wee have to show. And did more- 
over prohibit the Collony of Connecticut as well as other Collonies, from exercising 
any jurisdiction there, John Winthrop, Governoiir of Connecticut Collony being 
then present. And did then immediately order the temporary jurisdiction of those 
lands to the Governourand Assistants of his Majesty's Collony of Rhode Island and 
Providence Plantations, untill his Majesty's further pleasure should bee known, as 
by their order, ready to bee produced may appear. 

That about tour years after, his Majesty's Collony of Connecticut raised new dis- 
turbances, claiming jurisdiction of the King's Province. Whereupon there was a 
treaty held at New London with them; but they remaining obstinate and perverse, 
the Collony of Rhode Island made appeal to his Majesty ; but they refused any such 
appeale, and, by violence and force, compelled one town, viz.: Westerly, to submit to 
them, and have ever since endeavored to break in farther into the said Province, not 
regarding the decision of his Majesty's Commissioners, nor his Majesty's own Roy- 
all determination thereof, by his declaration of the 10th of April, IGGG, wherein his 
Majesty signified his pleasure in these words following: " And for the better pre- 
vention of all differences and disputes upon the bouiuls and limits of the severall 
Collonies, his Majesty's pleasure is, that all determin:itions made by his Majesty's 
Commissioners, with reference as to the said bounds and limits, may still continue, 
and bee observed till, upon a full representation of all pretences, his Majesty shall 
make his own final determination. And his Majesty expects that full obedience, 
bee given to this signification of his pleasure in all particulars." Nevertheless they 
strive to take those lands by force from his Majesty, under pretext of conquest 
from those Indians, forbidding us to build upon our own lands, or repair our late 
ruined habitations. Yet in the meane time, under pretence of high loyalty, petition 
his ^lajesty for the same. 

As to the complaint, that the petitioners sent to the gorernment of Rhode Island 
for help in the late Indian warr, and which, hee saith was absolutely denyed them, 
•wee know and doe say, that the petitioners not only disclaimed the jurisdiction of 
said Collony, but alsoe used all means hee could to bring'in the jurisdiction of Con- 
necticut upon u?. Nevertheless the other Collonys forces wee judge dealt not well 



[1G79. 

by him ; for after they had imdc use of his house for tlieir liead quarters, and put a 
garrison in it, yet suddenly after deserted it, soe that it was soon after burned by the 
Indians. And for wiiat hce aUeges that the then Governor of Rhode Island being 
a Quaker, thouglit it not lawfull to grant Commissioners ; wee answer, tlierc were 
Commissions given forth in the beginning of the warr with tlie Sachem Philip, and 
tlio other CoIIonies having desired assistance of this our CoUony of Rhode Island 
accordingly good assistance was given them by our sloops well manned, transporting 
their soldiers, and oftentimes venturing hard on shore to fetch off their men, when 
they were in danger to bee surprized, taking care of their wounded men, and pro- 
viding quarters for them, which matters being alsoe treated on in our reply to the 
paper given by the ^Massachusetts Agents to your Lordships, wee shall not here 
further enlarge. 

But forasmuch as wo are members of liis Majesty's Collony of Rhode Islaiul, in 
wliose stead wee answer ; wee most humbly petition liis Majesty that hee will bee 
graciously jjleased to continue our jurisdiction entire, and order the Collony of 
Connecticut to restore the place taken from us, and to prohibit them the exercise of 
any jurisdiction within the same; and we hope wee sliall continue (as in duty and 
allegiance bound), as wee have always been since liis Majesty's most happy restora- 
tion to his Royall Throne, ready to assent and yceld all obedience to Iiis supreme 
authority, not making our Tattents a cloak for contempt, or wcirrant to disobey 
and oppose his Royall commands. 

(Signed.) RANDALL IIOWLDEN, 

JOHN GREliNE. 

Order of Councill relative lo ihe Narrarjanselt Counirij. 

At the Court at Whitehall, 4 December, 1G7S. Present. 
The King's inost Excellent Majesty in Councill. 

Whereas, Raiulall Ilolden and John Greene, Deputies from the town of War- 
wick, in the Colony of Rhode Island, did this day represent unto his Majesty in 
Councill that some persons within the Corporation of the ^Massachusetts Ray, had 
by a printed paper alHxed in public places in New England, laid claime to a tract 
of land, called the King's Province, whicli of right belongs to liis Majesty, and to 
the jurisdiction of Rhode Island; and the said printed paper having been also read 
at the Board, his JMajcsty was pleased to order that a copy of the .said paper be sent 
unto William Stoughton and Peter Bulkleyv Agents for the Massachusetts Colony, 
who are hereby directed to attend his Majesty in Councill on Eryday, the Gth in- 
stant, and there to show by what authority or title the said claimants pretend unto 
the lands mentioned in the paper. The said Agents are likewise ordered at the 
same time to informc the I^oard, what obedience has been rendered within the Mas- 
sachusetts Collony to his Majesty's letter of the '27th of Ajjrill, 1G7S, enjoining the 
Magistrates and other inhabitants thereof, to take the oath of allegiance unto his 
Majesty, according to the forme there enclosed. 

Order of Councill rckdive to the Karrar/ansctt Country/, 

At the Court at A\'Iijteh;dI, 13 December, 1G7?. Present. 
The King's most Excellent Majesty in Council!. 

Whereas, AVilliam Stoughton and Peter Bulkclcy, Agents for the Corporatlou of 



1670.] AND PROVIDENCE TLANTATIONS. 63 

the Maseaeliusett3 Bay, in New England, did this day attend Iiis MMJesty, pursuant 
to an order of the -Ith instant, directing tliem to show what authority or title Simon 
Bradstrect, Deputy Governor, and other inhabitants of that Colony, have by a 
printed paper called an Advertisement, dated at Boston, the 30th of July last, laid 
elaimc to the lands of Xarrhagansitt and Niantick Countries, called the King's Prov- 
ince ; and did thereupon declare that the Government of the iMassachusetts is not 
at all concerned in this claime, but only some inhabitants, who liad purchased those 
lands from the Indian Sachems. 

And whereas Randall Holden and John Greene, Deputies of the towne of War- 
wick, in the Colony of Rhode Island, did certifie the Board of their certain knowl- 
edge, as having inhabited that country for about forty years, that never any Icgall 
purchase had been made thereof, from the Indians by th.e iMassachusetts or any 
others, and there being likewise road an act of the voluntary submission of the 
the Chifc Sachem, and the rest of the Princes, with the whole ))co[)le ol'the Narra- 
gansctts, unto the government of his late Majesty, together with two Declarationa 
made by his ^Majesty's Commissioners, on the 20th of lAIarch, IGGl, and 8th of 
April!, 1GG5, whereby it appears that they had then received from some of the 
principall Saehims of the Narragansett Indians a surrender of themselves, tlicir sub- 
jects and their lands to the Government and dispose of his iNlnjesty, not only by 
their personall acknowledgements and sending his Majesty some ])resents, but by 
prescnti'.ig tlie Commissioners with tl:e Deed aforementioned of the UUh of Aprill, 
IGG-'r. And that as for the pretended purchases made by :Mujor Atherton and 
others of the Massachusetts Colony, his Majesty's said Commissioners did then de- 
clare the said purchases to bee void, and ordered the said purchasers to leave the 
possession and use of those lands. And that the IMagistrates of Rhode Island should 
exercise the authority of Justices of the Peace in the Narragansett Country, by 
them called the King's Province ; and to do whatever they should think for the 
peace and safety thereof, untill his Majesty's pleasure should be further known. 

His Majesty having taken this matter into his Royall consideration, is graciously 
pleased to order, as it is hereby ordered, that the Right Honorable Mr. Secretary 
Coventry do prepare letters for his Royall signature, requiring the respective Colo- 
nys and their inliabitants, in New England, to leave all things relating to the said 
Country of Narragansett, or King's Province, in the same condition as it now is, 
or has lately been in as to the possession and government thereof, and withall giv- 
ing them to understand that as his Majesty is informed that not only the absolute 
and immediate sovereignty, but the particular propriety of all that country is vest- 
ed m his Majesty by the surrender of the Saehims, so it is his Royall pleasure that 
all such persons who pretend any right or title either to the soile aiid government 
to the said lands, do with all speed and by the first convenience send over persons 
sufllciently empowered and entrusted, to make the same appcare unto his IMajesty, 
and that upon such default, his Majesty will give such order for the government and 
settlement of the said Province, as shall best sute with his justice, and the good of his 
subjects, who are already inhabiting, or shall desire to make any further improve- 
ment within the said Province. 



64 RECORDS OF THE COLONY OF RHODE ISLAND, [1G79. 

Ldlcr from Xciv Pbjmouth to the King. rcIaUvc lo the Narragan- 
sett Countnj and Mount Hope. 

Kew Plvmouth, July 1st, 1G79. 
Dread Soveraiijnc: Wee have very lately received your Majesty's oommand* by 
letter given given from your Court, at Whitt-liall, bearing date Febr. tlie r2t!i, 
lG78-D,one-aiul-tliirtic"tIi year of your graceful! reigne, signifying your Royall [>lea- 
sure respecting the elaimes and elainiors of lands in the Narragansett and Niantiek 
Country, or King's Province, and have made it fully known to such of this your 
Colony as pretend to any interest there, by virtue of purchase made by Major 
Atherton, &c., who declare their humble submission to your Majesty's com- 
mands and orders respecting that matter, still hoping they shall obtaine your just 
favour in enjoyment and settlement in their right to lands in those parts. 

I>y the same letter your ^Lijesty is graciously pleased to tell us how that Mr. 
John Crowne hath petitioned your Majesty to grant him the lands of Mount-hope, 
in New England, in compensation of losse his father sustained by rendition of Nova 
Scotia to the French, and that your princely wisdom and justice guided your Maj- 
esty not only to commend it to consideration of the Lords of the Commtttee of your 
Privy Councill for Foreign Plantations, but also to lay your commands on us and 
give us opportunity to informc your Majesty what right or title wee suppose wee 
have to that country, witli the true extent, value and propriety of the said lands of 
Mount-hope, with the grounds and evidences of our claime; that your Majesty may 
thereupon bee enabled to give such further direction and order, as may suit with 
your Royall justice and bounty. May it therefore please your sacred Majesty, af- 
ter our humble acknowledgement of that favour, to give us leave to make this free 
and plaine declaration of the matter according to truth. 

The lands of Mount-hoi)e (as their Lordships righty informed), did belong to Sa- 
chim Philip, the grand rebell to your Majesty, and first and principall disturber of 
the peace of these your Colonies, and is eleerly and unquestionably within the Pa- 
tent Grant made by your Royall predecessors to this your most ancient Colony of 
Kew Plymouth (within which, none might purchase or any way obtaine lands of 
the natives, but ourselves, or such as the authority of this Collony allowed), and 
these lands with some others, were (as their Honours also reported) con(iuered by 
the joint forces of your subjects of the Massaciuisetts, Connecticut and New Ply- 
mouth, by the expense of more than one hundred thousand prunds, besides an in- 
estimable damage sustained by particular plantations and persons, and which was 
yett of greater value by the losse of the lives of many hundreds of our brethren, 
children and choice friends. The profitts of the warr (excepting a few prisoners 
taken in the latter end triereof) was only land, and this Colony haveing borne their 
full proportion both in forces and charge, and being the seat of the warr, suffered 
more in proportion than any had ; Mount-hope, with a small ragged neck of land, 
more adjoining to it for our part of profit by agreement of the Confederate Colo- 
nys, wee allowing'them one thousand pounds, because our lands were judged more 
valuable than theirs, and Mount-hope with its appurtenances by farr the better part 
of all our contjuest lands, wee have putt to sale for three thousand pounds, but have 
not yett found our Chapmen. The quantity of Mount-hope, wee estimate to bee 
seven thousand acres at the most; part of it good soyle, and much of it rocky, 
mountainous and barren. But tliat which commends it, and causcth us highly to 
esteem it, and earnestly to begg that by your Majesty's justice and favour, wee may 



1G79.] 



AND PROMDENCE PLANTATIONS. 65 



enjoy and not boe deprived of it, is not only because wee have fought for it and 
paid for it, and many of us bled for it, but because this Colony for want of good har- 
bours could never yet make any considerable improvement of the sea ; but these 
places are well accommodated for the settlement of a sea porf town or two ; where- 
by wee hope wee may in a few yearos bee more serviceable to your Majesty and 
live more happily. 

Having given your Majesty this short, but wee hope satisfactory account con- 
cerning those lands, wee would in the next place hnmbly olTer this word of answer 
to that which your Majesty is pleased to blame us for, and which were indeed an 
inexcusable fact, if so, that in all this tinnj wee had not given your Majesty an ac- 
count of the warr and succcsse of it. Wee now plainly perceive, that wee have 
been greatly abused by miscarriage of letters directed to your Majesty, both from 
the Colony, and particularly from your servant our Govcrnour, bearing date the 
12th of .Tune, 1G77, coppys whereof wee arc bold to transmitt with these, and hope 
wee shall find out the originalls themselves, and small present of our Governor's 
therein mentioned, too small, hee acknowledgeth, to bee directed to so great a 
Prince, yet the best hee could obtaine, and was a rcall testimony of his loyalty and 
cordial respect. Wee know they came safe to London, and hope to have them pre- 
sented (though very untimely) to your Majesty's view ; and wee earnestly begg 
your lloyall and favourable consideration, whither of the letters themselves or copys 
that come to your princely hand, that this poor Colony, that made the first settle, 
ment in this wilderness with great hazard and through many difficulties to spread 
the gospell and enlarge the dominion of our King, and who have at all times given 
such testimonys of our loyalty and good aflfection to your Majesty's person and in- 
terest, as wee had opportunity for, and a poor people were capable of; may not by 
misinformation of any evill minded persons our neighbours or others, bee deprived 
of that little wee have to live upon ; cur whole Pattent is but a very narrow strip of 
land, and generally very mean ; and your people here by God's goodnesse greatly 
increased, and should wee bee eaten out by our neighbours of Ilhode Island, unto 
whoni wee have in a sense given being (as is hinteJ in our former letter), it would 
argue high ingratitude in them, and wee should account it the worst of deaths, not 
to tire your Majesty with prolixitie, wee would only add, that having written to 
your Majesty about two years since, which untill now wee doubted not were re- 
ceived, wee did believe your Majesty had been thereby fully satisfycd, and did 
thereupon presume to dispose of some of those conquered lands, in order to a settle- 
ment; which should y^ur Majesty, by donation or grant to any others reverse, it 
would reduce us to great straits and plunges, wee having the thousand pounds 
above-mentioned to pay, and many lame souldiers, widdows and orphans to provide 
for. AVee shall cheerfully wayte and hope from your princely justice and clemen- 
cy, to obtaine a favorable answer, and humbly crave to receive it as speedily as may 
stand with your Majesty's conveniency and good pleasure ; for that it is of great 
importance to us, and will we hope in short time appecre to bee your Majesty's in- 
terest also, that wee make speedy s(!ttlement of trading plantations there 

According to your Majesty's command, our Govcrnour wascarefuU the last year, 
to give your Majesty an account of the tryall of the controversy between Mr. Har- 
ris, of Patuxet, and his neighbours, but meet an unhappy disappointment therein 
also. For not knowing but that Sec'r. Williamson kad proved still faithfull to your 
Majesty's service and held his place, hee writt to him and enclosed the whole trans- 
action of that affaire by him to bee communicated to your Majesty ; but before his 
VOL. III. 5 



66 RECORDS OF TIIE COLONT OF RHODE ISLAND, [1679. 

letters arrived at London, hoe was dismissed from that trust, and so tlie letters and 
papers were sent back, and by this first apportunity are herewith presented. 

Craving your Majesty's pardon for a gracious acceptation of these unpolished 
lines, heartily blessing God for his protection of your sacred Majesty from the plotts 
and attempts of those worst of men, and praying dayly on our bended knees, that 
Almighty God will still bless your Majesty and make you a long lifed blessing to 
the Nation, wee crave leave to subscribe — 

Great Sir, your unworthy supplyants and humble and most 
loyall subjects of your Colooy of New Plymouth. 

NATH: MORTON, Seer., 
By order of the Generall Court. 

Letter from the King to the CoUony of Nciu Flymouth. 

At the Court at Whitehall, the 2d July, 1679. Present. 
The King's most E.xcellent Majesty in Councill. 

There being this day presented to the Board a Report from the Honorable the 
Lords of the Committtee for Trade and Plantations in the words following, viz. : 

May it please your Majesty: Wee have received your Majesty's reference in 
CouncUl of the 23d of May last, concerning the pretensions of William Harris, of 
Patuxet, in New England, and in obedience thereunto, wee humbly report that the 
petitioner did, by his petition presented to your Majesty in Councill, on the 11th of 
June, 1675, sett forth the great wrong done him and his partners, by severall per- 
sons who detained the lands which they had purchased from the Indians; whereup- 
on your Majesty was pleased to command by your Royall letters, the Governors of 
the severall Colonies, in New England, to appoint some able, honest and indiflerent 
persons to bee joined together with full and sufficient authority to cause the diifer- 
ences and troubles arising to the petitioner and his partners, concerning the lands 
of Patux.et to bee brought to a fair tryall, and that by an indifferent and upright 
jury, all might be finally determined according to justice. In pursuance whereof, 
the said Commissioners having mett, and the jury appointed by them having given 
five verdicts in favour of the petitioner and his partners, a statement of those pro- 
ceedings, signed by severall of the Commissioners, was returned to your Majesty 
by the Governors of your CoUonies of the Massachusetts and Rhode Island, for your 
Majesty's determination upon that whole affair. But at the same time, a petition 
was offered unto your Majesty by Randall Ilolden and John Greene, in be- 
halfe of themselves and other your subjects, the inhabitants of the town of War- 
wick, and of other adjacent places belonging to your Colony of Rhode Island and 
Providence Plantations, complaining of the injustice of the second verdict given 
against them and other inhabitants of the town of Warwick, and in consideration 
of the complainants' humble appeal unto your Majesty, together with the reasons 
and evidences alleged by them in justification of their right in the lands possessed 
by them as not appearing to bee any part of the lands of Patuxet, which only by 
your Majesty's commisssion were to bee brought to a tryall, your Majesty was 
pleased to order on the 2d of January last, that the inhabitants of the town of War- 
wick should not bee disturbed in the quiet possyssion of the 5ald laudi, and that all 
things relating thereunto should remain in the state they were in before the meet- 
ing of the said Commissioners, untill William Harris and partners should before 
your Majesty in Ceuncill, make out a sufficient title thereunto. And whereas the 



1679.] AND PROVIDENCE PLANTATIONS. 67 

said Ilolilen and Greene were no sooner departed, but the petitioner William Har- 
ris, hath made his appearance, beseeching your Majesty to take such course as 
might finally determine the matters complained of by him. 

Wee are humbly of opinion that by reason of the distance of places, and absence 
of parties, it will bee a matter of too great difficulty for your Majesty to give such 
judgment therein as may equally decide their respective pretensions. 

And whereas, the said Ilolden and Greene did ofler their exceptions against the 
Colonys of the Massachusetts and Connecticut, upon divers past differences between 
them, and that on the other side the petitioner, William Harris, thinks hee has just 
cause to except against the Colony of llhode Island as being particularly interested 
in the present controversy. 

Wee therefore humbly offer, that your Majesty's Royall commands be again sent 
to the Governor and Magistrates of your Colony of New Plymouth, authorizing and 
requiring them to call before them the said Randolph Holden and John Greene, 
and other persons in whose behalfc they have lately appealed unto your Majesty, 
and having in due manner examined the pretensions of the said Harris unto lands 
possessed by them, do returnc unto your Majesty a particular statement thereof, 
and their opinions thereupon, with all convenient speed. 

And whereas, your Majesty hath already thought fitt to order that the said AVm. 
Harris and partners, bee peaceably and quietly possessed of the lands of Patuxet, 
and adjudged uuto them by the first and three last verdicts, given in pursuance of 
your Majesty's late Commission. We further offer, that the Governor and Magis- 
trates of the Colony of Rhode Island, to whose jurisdiction the said lands apper- 
taine, bee strictly charged to putt the said William Harris and partners into the 
quiet possession thereof, and to take care that execution bee given for their damage 
and costs allowed by the said verdicts within the space of three months at furthest 
after the receipt of your Majesty's commands: and that in default thereof, sufficient 
powers may be sent unto the neighbouring Colony of New Plymouth to cause the 
same to be duly executed without delay. 

All which, &c. Councill Chamber, 19 June, 1G7D. 

SHAFTSBURY PR. BRIDGWATER, 

FAUCONBERG, 

THO: DOLMAN. 

Which Report having been this day read at the Board and approved of, their 
Lordships were pleased to order. That one of his Majesty's Principail Secretarys of 
State doe prepare letters for his Majesty's Royall signature, as well to the Governor 
and Magistrates of his Majesty's Colony of New Plymouth to examine the preten- 
sion of the said William Harris unto the lands possessed by Randall Ilolden, John 
Greene, and others, and to returne a particular statement thereof, with their opin- 
ions, to his Majesty, with all convenient speed, as to the Governor and Magistrates 
of the Colony of Rhode Island, to putt him, the said Harris and partners in the 
peaceable and quiet possession of the lands of Patuxet, adjudged to them by the 
first and three last verdicts, given in pursuance of his Majesty's late Commission, 
together with the costs and damages, according to the tcnour of the above-mentioned 
Report. JOHN NICHOLAS. 

[The foregoing documents are from the Manuscript Collection of State Papers 
in the Library of J. Carter Brown, Esq.] 



68 



RECORDS OF THE COLONY OF RHODE ISLAND, 



[1679. 



At a CouH held in his Majesty's name, and under his authorily^ at 
the iowne of Westerly ^ in the King's Province, the 17th of Sep- 
tember, 1679. 

There being present, 

Major John Cranston, Governor. 



ASSISTANTS. 

Mr. Caleb Carr, 
Mr. Joseph Clarke, 
Capt'n Arthur Fenner, 
John Sanford, 
Capt'n Samuel Gorton, 



Mr. Thomas Greene. 

SECRETARY. 

John Sanford. 

GENERAL SEUGE.VNT. 

Edmund Calvcrly. 



Proclamation openly made of the Court's being and 
sittinge. 

The Suncksquaw, Ninecraft's daughter, appearing in this 
Court, and complaining about some injury done her by Ilar- 
man Garrett's claiminge part of her lands, she produced some 
writeings in Court, to evince her complaint, this Court doe or- 
der, that the Secretary take copys thereof. 

The inhabitants of Westerly being by warrant required to 
appeare at this Court to give the oath of allegiance to his jMaj- 
esty, and of fidellity to his IMajesty's authority, for this Collony, 
these persons here under named appeared, and gave oath, viz. : 



Mr. Tobias Saunders, 
Robert Burdick, 
Edward Larkin, 
John Fairfield, 
John Randall, 
John JNIacoone, - 
Daniell Crome, 
James Badcock, 
Joseph Clarke, 
Capt'n James Pemblton, 



Gersham Cotterill, 
Henry Hall, Sen'r, 
William Cliampion, 
James Crandall, 
Peter Crandall, 
John Lewis, 
Christopher Champion, 
Henry Hall, Jun'r, 
Jonathan Lewis, 
Thomas Burdick, 



ICY 9.1 AND PROVIDENCE PLANTATIONS. 69 -f 



"■^ 
^ 



jNIr. Thomas "WclLs, Seii'r, John Balinitor, 

John Badcocke, John AVelLs, 

George Laniphcare, Thomas Wells, Jun'r, | 

Jeflery Champion, Richard Parssmore, % 

Nicholas Cotterill, Joseph Pcmblton, 

Job Badcocke, John Parner. 

Richard Swaight, 

The oath given by the above written persons was in these 
followinge words : 

I doe truly and sincerely acknowledge, profess, testify and | 

declare in my conscience I^efore God and the world, tliat our ^ 

Soverrcign Lord, King Charles, is lawfull and rightfull King of f 

the Realm of England, and of all other his dominions and coun- % 

tries ; and that the Pope, neither of himselfe, nor by any au- f 

thority of the Church, or See of Rome, or by any other meanes i 

wnth any other, hath any power or authority to depose the '^■ 

King, or to dispose of his Majesty's kingdoms or dominions, or f 

to authorize any forreigne prince to invade, or annoy him, or '^. 

his country, or to discharge any of his subjects from their alle- t 

giance and obedience to his Majesty ; or to give licence or f 

leave to any of them to beare amies, raise tumults, or offer any t 

violence or hurt to his Majesty's Royall person, State or Gov- f 

crnment, or to any of his Majesty's subjects within his Majes- ? 

t}''s dominions. Alsoe I doe swcare from my heart, that \ 

notwithstanding any declaration or sentence of excommunica- 1 

tion, or deprivation, made or granted, or to be made or granted I 

by the Pope or his successors, or by any authority derived or t 

pretended to be derived from him or his See against the said : 

King, his hcires or successors, or any absolution of the said j 

subjects from their obedience, I will beare faith and true alle- ■- 

giance to his Majesty, his heires and successors, and him and i 

them will defend to the uttermost of my power against all con- ■ 

spiracles and attempts whatsoever which shall be made against ; 

his or their persons, their Crowne and dignity, by reason or i 
clause of any such sentence or declaration or otherwise, and 
will doe my best endeavour to disclose, and make knowne unto 
his ^lajcsty, his heires and successors, all treasons and traitor- 



70 RECORDS OF THE COLONY OF RHODE ISLAND, [1679. 

ous conspiracies, which I shall know or hear of, to be against 
him or any of them. And I doe further sweare, thiit I doe 
from my heart, abhor, detest and abjure as impious and herriti- 
cal, this damnable doctrine and position, that princes which be 
excommunicated or deprived by the Pope, may be deposed or 
murthored by their subjects, or any other whatsoever. And I doe 
believe and in my conscience am resolved, that neither the Pope 
nor any person whatsoever, hath power to absolve me of this 
oath, or any part thereof, ^vhich I acknowledge by good and 
full authority to bee ministered unto me ; and doe renounce 
all pardons and dispensations to the contrary. And all these 
things I doe plainly and sincerely acknowledge and sweare ac- 
cording to these express words by me spoken, according to the 
plaiue and common sense and understandingc of the same words, 
without any equivocation or mentall evasion or secrett reserva- 
tion whatsoever. And further, I doe here solemnly engage all 
true and loyall obedience unto his ^lajesty's authority placed 
and established in this his Collony of Rhode Island and Provi- 
dence Plantations, and King's Province. And I doe make this 
recognition heartily, w^illingly, and truly, upon the true faith of 
a Christian. So help me God. 

Ordered, That the commission and power formerly granted 
to ]\Ir. Tobias Saunders and Mr. John Crandall, by the Gov- 
ernor and Councill, bearinge date the 21st of May, 1669, is 
continued, and placed on [record]. Mr. Tobias Saunders and 
the Guvernour are empowered to signe the same ; the said 
]Mr. Saunders haveing in this Court given his engagement. 

Whereas, this Court have received a paper from a Court at 
New London, signed William Lcete, Governour, called a Pro- 
test,='- it is ordered, That an answer from this Court bee 
made. 



'■■'■ Lciier from Conncciicid to Rhode Island. 

New London, Sept. 16, 1G70. 
Gent. : — Not having intelligence vntill now, at^ New London, of your rash and 
presumptius motions to come and keep an aflfronting Court within the limits of Ston- 
ington, while we are keeping Court here for that county, and some of those mhab- 



1679.] AND PROVIDENCE PLANTATIONS. 71 

A true Cop?/ of the Ansiver. 

Westerly, one of the frontier townes in the 
King's Majesty's Province, the 17th of 
September, 1679, at a Court then and 
there held in his Majesty's name. 
Gentlemen : Wee received some lines, bearing date Septem- 
ber 16th, 1679, in an open pamphlett, by the hands of Mr. 
Thomas JMinor, the 17th instant, in the eveining, said by him 
to be sent to us by yourselves, the truth whereof wee very 
much questioned. 

1. Because the superscription is directed not mentioninge 
the Governour's namp nor the Collony he belongs to. 

2. Because the lines doe import untrue charges, together 
with threats of violence, which if wee were certaine the lines 
were written from your selfe to us, yett neither flattery nor 
threats can withdraw us from our loyalty ; nor deterr us from 
executinge the King's business in his Province, according to 
his Royall commands ; into which upon all occasions your 



itants are under summons hitherto to be responsible ; but doe not appeare, as is 
supposed, by your interruption, &c., or occasion taken from this intrusion of yours. 
These things look vpon vs more like incendiary actings than a peaceable carriage of 
loueing neighbours, liveing in a juncture of great troubles in England, which may 
retai-de an issue of our applications thither ; where the matter betwixt yourselves 
and vs depending, in obedience to his ^lajesty's orders vnto all the Colonys respec- 
tively ; being the same (for substance) as we are informed, whereupon we have been 
willing to sit silent for the interim : and loth to vse violence to repell incroachments, 
although you doe continue thus to be vrgeing vs therevnto. But we cannot now 
in duty omit hereby to send, and make protestations against this and all other your 
illegall and irregular vsurpations of authority and incroachments, within our just 
and knowne Pattent limits ; and therefore your pretenses haue had an indifferent 
bearing and determination in England. 

Gent., we would request you not to be too hasty to drive on commotions, so im- 
mediately after our late troubles with barbarians; to begin intestine vexations 
amongst Christian neighbours. Yet haueing thus friendly giuen notice and made 
protest, we take leaue and subscribe ourselves, 

Your loueing ffriends and neigbours, 

WILLIAM LEETE, Gov'r, 
With consent of the County Court assembled. 

To the Honoured Governour and other authority of Rhode Island, if present, at 
Squamacuck. 



72 RECORDS OF TIIE COLONY OF RHODE ISLAND, [1679. 

selves have striven to intrude, notwithstandinge [the] decision 
of the matter in our Pattent, as alsoe his jNIajesty's Honorable 
Commissioners' orders ; as if you ^dolate their actions in con- 
tempt of his Majesty, which said orders are mentioned to you 
in his ^Majesty's late letter, which cannot be deemed but as a 
justification of our proceedings and the contrary to you. And 
whereas you say the matter is depending in England, you 
know wee have severall times according to our Pattent, signi- 
fyed our appeale to his Majesty, unto you, by our letters, 
whereunto you have refused to answer, as by your letters may 
be made to appeare. 

Furthermore, bee it knowe to you, wee come hither only to 
continue the jurisdiction of his iNIajesty's Province, as wee have 
formerly done, and not to sett up a new one ; although you, by 
your violent intrusion, have compelled the inhabitants to the 
contrary, which wee hope for the future you will forbeare. 
Therein you will give occasion for us remaine your friends and 
neighbours. JOHN CRANSTON, 

Governor of his Majesty's Collony of Uhode 
Island and Providence Plantations, and 
King's Province. 
To the Honoured William Leete, Governor at New London, 
if there, or elsewhere. These, 

Per THOMAS MINOR. 



Proceedings of iJie Genercill Assemlly held for the Collonij of 
Rhode Island and Providence Plantcdions at Newport, the SOM 
da// of October, 1G79. 

The Governor chosen ^loderator. 
The Recorder chosen Gierke. 

Voted, Arthur Cooke is admitted a freeman of this 
Collony. 



1G79.] AND PROVIDENCE PLANTATIONS. 73 

Voted, Tliis Assembly is adjourned untill Monda}^ the 10th 
of November next. 



November \Wi. 

The Assembly called and satt. 

Voted, That Henry Straite, petitioning this Assembly there- 
in haveing represented that he beinge by one of the inhabitants 
of East Greenwich, viz. : Henry Brightman, desired and em- 
ployed to build on his land at said Greenwich, and soe doinge, 
the said Brightman haveing surrendered his right to the said 
lands, the petitioner, Henry Straite, is accepted into the privi- 
ledges of Henry Brightman, in and to the said lands at 
Greenwich. 

Voted, Upon a petition presented by the towne of Westerly, 
for the running the Westerly line of this Collony, and the en- 
largement of the towne of Westerly. 

Voted, That there bee men appointed to run the Westerly 
line of this his ^Majesty's Collony of Rhode Island and Provi- 
dence Plantations, and King's Province, according to the Char- 
ter, and King's Commissioners' order; and the same to be 
done by or before the 25th of March next. 

The persons chosen and appointed to run the said line, are 
Capt'n John Albro and Mr. John Smith ; the charge thereof to 
be duly and truly borne and paid by the Collony. They are 
to begin that work on the first Tuesday in March next, or the 
next fair season. 

And ordered. That the Generall Recorder doe with all con- 
venient speed draw up a signification hereof, to be signed by 
the Governor, unto the government of Connecticut, and therein 
not only to acquaint, but alsoe desire their loveing and neigh- 
bourly complyance in running the said Westerly line. 

Voted, Upon the petition of Job Haukins, he is granted lib- 
erty to settle on and. improve forty acres of land in the Narra- 
gansett Country, in the King's Province, untill his Majesty's 
pleasure be further knowne ; provided, the same be in such va- 
cant lands, that it doth not intrench upon the just right or title 
of any others. 



74 RECORDS OF THE COLONY OF RHODE ISLAND, [1679. 

Voted, Upon the petition of John jMacandrcw, alias An- 
drews, to this Generall Assembly, that they would be pleased 
to remitt the sentence of the Generall Court of Tryalls against 
him. The reasons contained in the said petition being the 
great infirmity of his body, and the smallness of his estate ; 
which said reasons being to us made apparent, and alsoe there 
being no evidence against him but the woman's accusation, and 
his incapacity to maintaine his family. Upon the considera- 
tion whereof, this Assembl}^ doe remitt and take off the corpo- 
rall punishment due to him, the said John jMacandrew, by the 
law of this Collony ; and alsoe five pounds of the pecuniary 
mulct or fine, due by the law aforesaid. And alsoe this As- 
sembly doe hereby further order, That the Recorder shall not 
grant forth execution for the remainder of the fine due by law, 
untill tlie Generall Assembly give order for it, hopeing that 
this our clemency and good will, will not in any wise encour- 
age him nor any others to offend against law in the like 
manner. 

Voted, This Assembly doth recommend to the Councill of 
the towne of Portsmouth, that they are desired to desire Mary 
Pococke, the Executrix of the late deceased John Aliny, to 
give an account of what is become of the estate of the said late 
deceased John Almy, left by the Councill of the said Ports- 
mouth, in her custody. It being reported that the said Exe- 
cutrix hath paid and disbursed for pa}anent of said Almy's 
debts farr more than the estate left in the possession of the 
Executrix. And the Councill are desired to make returne 
thereof to the next sittinge of this Assembly. 

Voted, This Assembly is adjourned untill Tuesday, the 2d 
day of December next. 

Dccemhcr ihe 2d. 

According to the afforesaid adjournment the Assembly called 
and satt. 

Voted, The reasons presented by the Committee appointed 
by this Assembly to returne lo them their understandings 
concerning the case of John Albro, Jun'r, and ^largarett Hall, 



1G79.] AND rROYIDENCE PLANTATIONS. 75 

for the barring of judgment goeing forth against them, are ac- 
cepted, and the Assembly doe therefore order, That judgment 
shall not goe forth against them, nor either of them. 

Voted, Whereas, there was an action of unjust mollestation 
commenced by Christopher Almy, plaintiff, against John Po- 
cocke, defendant, at the Generall Court of Tryalls held for this 
his ^Majesty's Collony in October last past, and the said action 
being prossicuted, the jury brought in for the plaintiff; and the 
said Court haveing suspended judgment for the present, and 
the matter or consequence thereof being referred to this As- 
sembly, and wee haveing seariously considered and debated on 
the premises, doe see cause to transfer and returne the matter 
to the wisdome and consideration of the Generall Court of 
Tryalls, together with our opinions, Avhich are that all cases of 
that nature are not actionall, and suppose judgment in this 
present case ought to be barred forever. 

Voted, Whereas William Harris, of the towne of Providence, 
haveing petitioned this Assembly for the sum of ten pounds 
by him paid in England, on the Collony's account, by him paid 
to Capt'n Richard Deane, about nine yeares since, this Assem- 
bly, upon the searious consideration of the said demand, doe 
see cause, and hereby doe order, That the said sum be truly 
paid by the Generall Treasurer of this Collony, unto the said 
Harris, with all convenient speed. 

Voted, Upon the presentation of Capt'n John Albro, Assist- 
ant, for the sum of three pounds, twelve shillings, four pence, 
in or as money, by him disbursed, being arrested as an Assist- 
ant of this Collony, at the complaint of Mr. John Saffin, of 
Boston, to the Court at Boston, 28th of October, 1G79, this 
Assembly doe owne the said demand, and doe order. That the 
said sum of three pounds, twelve shillings, four pence, shall be 
paid unto the said Capt'n John Albro, by the Generall Treasu- 
rer of this Collony. 

Voted, This Assembly, upon the searious consideration of 
the great necessity for the more full and cleer statinge of the 
laws of this Collony, concerninge probato of wills and intes- 
tates, order, That a Committee be appointed and empowered 



76 hecords of the colony of riiode island, [IGSOJ 

by this Assembly to draw up some more cleer method in mat-; 
ters of that nature, and make returne of what they agree on,! 
and shall draw up, unto the next sitting of this Assembly, or 
else unto the Generall Assembly in May for their approbation. 
And alsoe they, or the major part of them, are empowered to 
draw up and present, as aforesaid, such other matters as to 
them shall seem necessary and necdfull for the publick good of 
this Collon3^ 

The persons chosen and empowered, are the Governor, the 
Deputy Governor, Mr. Thomas Ward, Capt'n John Albro, Mr. 
Wm. Wodell. 

Voted, This Assembly is adjourned untill Monday, the 5th 
of January next. 

January Uh, 1679-80. 

Accordinge to the aforesaid adjournment, the Assembly 
satt. 

Voted, That a Committee be chosen and appointed by this 
Assembly to draw up a letter to his Majesty on the behalfe of 
this Collony, and to represent what they draw up, unto this 
Assembly for confirmation. 

The persons chosen, are Mr. Thomas Ward and Capt'n Sam- 
uell Gorton, Assistants, Mr. James Barker, Capt'n John Foanes, 
and John Sanford, Recorder. 

Voted, The returne of the Committe for drawing up a letter : 
to his Majesty, haveing been openly read, is approved ; only in 
the transcript, it is referred to the Governor, the Deputy Gov- 
ernor, and John Sanford, to amplify the same, as to the 
method."^ 



'=' Letter from Governor Cranston to the King. \ 

V 

Most Gracious and dread Soveraigne : ' 

Your Majesty's liumble and leige subjects of your Collony of Rhode Island and \ 
Providence Plantations, &c., haveing sensibly tasted and experienced soc largely of \ 
your Royall favours, bounty and benignity, with that Princely care to preserve and 
uphold us in peace and quietness in the enjoyment of those privilcdges your Majes- 
ty hath been pleased to bestow upon us your unworthy subjects in these remote 
parts, by your Royall letters Patients, for which we arc for over oblidgcd to render 



1680.] AND PROVIDENCE PL.VNTATIONS. 77 

Voted, Upon a petition of Mrs. Elizabeth Cnnnigrave, unto 
this Assembly, therein declareing that she by reason of age 



ill submissive and humble acknowledgements. And therefore, in all humility wc 
ioe still beseech and humbly pray, that your Majesty will please to extend and con- 
:inue your Royall grace and favour unto us, in our preservation from any that may 
jndeavor to deprive or eclipse the same, and that your Majesty will be graciously 
p'oased in your Royall favour to us, not to receive or cntertaine any information 
igainst us. So as that absolute determination should be to our inconveniency, till 
we may have opportunity to answer in our owne defence, and for your Majesty's 
further information as to your Majesty's Province. And although by reason of 
many disturbancys aud interruptions from the Collony of Connecticut, &c., prose- 
cuted with great vigor, to the great detriment and damage, of many your Majesty's 
subjects in this Collony, which might have occasioned us to represent the same to 
your Majesty at large by our humble addresses, for default whereof, we humbly 
:rave pardon ; being very much incapacitated to affect the same, by reason of the 
n;reat ruins, made and received by the late war with the natives, and whereby wc 
have been constrained to sit under the burthen of many annoyances for want of 
\bility to present our grievances unto your Majesty ; whereby wc only from your 
Majesty pray reliefe. 

Aud whereas, there hath been a long continued difference betweene your Majes- 
ty's Collony of Connecticut and our selves concerning right of jurisdiction, to whom 
formerly we have offered severall times to represent the matter to your Majesty's 
Royall determination, but they would not condescend thereunto. But now in this 
juncture of time, we haveing received an intimation from the Collony of Connecti- 
::ut, concerning their intention to send an Agent or Agents, to plead their cause 
before your Majesty, and soe may endeavour, by extraordinary expedition to ren- 
der us negligent or defective; they giveing us no account of the time when they 
would send. ^Vee doe humbly beseech your Majesty's favourable construction on 
our behalfe, soe far as that wc may have time and opportunity granted to make 
our reply ; and that your poore yctt loyall and hearty subjects, may allways rc- 
maine in your especiall protection (we being encompassed with many oppositions), 
that thereby we may be preserved from the violence of others, and be only respon- 
sible to our Soveraignc Lord the King, to make our true defence against complaints 
(that in envy to us) may be represented to your Majesty. 

And most dread Soveraignc, in all loyall obedience and bounden duty to your 
sacred Majesty, we prostrate our selves and cause at your Majesty's feet, begging 
your Majesty's gracious pardon for what weakness herein may appearc in us, with 
our hearty prayers to Almighty God to grant your Majesty a long, peaceable and 
liappy reigne. In all humillity we subscribe our selves your Majesty's most faith- 
full subjects, and oblidged servants, the Generall Assembly of your Majesty's Col- 
lony of Rhode Island and Providence Plantations, &c., sitting at Newport, the 6th 
of January, 16 79-80. 

(Signed.) JOHN CRANSTON, Governor. 

Postcript. And most gracious Soveraignc, according unto your Majesty's Royall 
commands from your Court of Windsor, by your Royall letters bearing date the 
9th of July, 1679, concerning verdicts of jury and judgments of an especiall Court 



78 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80 

and weakness, is unable to gett a livelihood, and is in wants, 
this Assembly, upon seavious consideration of her condition, 
doe referr and reniitt that matter unto the towne of Newport, 
as being proper to them to take effectuall care and course 
amongst themselves, for the supply of the said Elizabeth Cun- 



ProcccJ!ngs of the Gcncrall Asscmblij held for the Collowj of 
Ixhode Island and Providence Planlations cd Newport, the 
IWi of 3Iarch, 1680. 

The Governor chosen Moderator. 

John Sanford chosen Gierke. 

Voted, That a Gommittee be chosen and appointed, to bee 
assistant to the Governor, to consider of, and draw up an an- 
swer to the twenty-seven queries sent from the Lords of his 
I^Iajcsty's most Honorable Privy Councill, to this Collony, and 
returne what they draw up to this Assembly for their consid- 
eration and approbation. 



of Commissioners in favour of William Harris and partners, .the said Court being 
held at Providence (and began the 3d day of October, 1G77), against John Towers, 
of Hingham; Mr. Gregory Dexter, Capt'n Arthur Fenncr and the towne of Provi- 
dence ; John Harrod, Roger Burlingham, and Thomas Relph and Edmund Calver- 
ly, &c., we doe in all humble manner herewith present at your Majesty's feet, our 
proceedings in those affaires, which we would have sent in the ship that William 
Harris went lately for England in ; but William Harris was soe secret and private 
in his voyage, that he never come to us to know what we had done, by way of re- 
turne to your Majesty, neither did he let us know of his goeing. And great Sir, 
doe subscribe, and in all humillity acknowledge our selves your Majesty's most 
faithfuU subjects ; the Governor and Magistrates of your Majesty's Collony of 
Rhode Island and Providence Plantations, &c. 

(Signed.) JOHN CRANSTON, Governor. 

Dated at Newport, the Gth day of January, 1679-80. 

(Addrcsed ) To our dread Sovcraignc Lord, Charles the Second, King of 

Great Britain, France and Ireland, Defender of the F.iith, &c. 
(Indorsed.) Rhode Island, Gth January, 1G79-80. From the Collony of 
Rhode Island, to the King. Received from the Earl of Sunderland, the 
30th of June, 1G80.— /. Carter Brown's Ms. Vol. II. No. 12G. 



16S0.] AND PROVIDENCE TLANTATIONS. 79 

The persons appointed and chosen, are the Deputy Govern- 
or. ^Ir. Thomas Ward, Mv. James Barker, INIr. John Coggeshall, 
Capt'n Arthur Tenner, IMr. John Whipple, Mr. Joseph Jcncks, 
Lieut. WilKam Codman, Mr. William Wodell, Mr. Peleg Tripp, 
Capt'n Samuell Gorton, Mr. Thomas Greene, Capt'n John 
Greene, Mr. John Maxon, ]\Ir. John Williams, Capt'n Edward 
Richmond, and Capt'n John Foanes. 

Voted, This Assembly is adjourned till to-morrow, one of the 
clock, after noone. 

3Iarc/i the llt/i. 

The Assembly called and satt. 

Voted, Whereas the Governor, who was chosen Moderator 
of this Assembly, is by God's Providence soc visitted with 
sickness, that he is detained from the Assembly ; and there 
being scverall matters of great conccrne to this Collony, for 
which the Assembly was called, that are of necessity to be re- 
sohcd by the Assembly, this Assembly doe judge and con- 
clude. That by the Charter and former precedent in the like 
case, that dureing the time of the Governor's absence from this 
present Assembly, the Deputy Governor supply the place of 
Moderator of this Assembly. 

Voted, This Assembly is adjourned till Monday, the 15th 
instant. 

3farch 16ik. 

The Assembly called and satt. 

Voted, In order to the funerall of our honored deceased 
Governor, John Cranston, this Assembly is adjourned till to- 
morrow morning, eight of the clock. 

jVarch im, 1680. 

The Assembly called and satt. 

Voted, Whereas it hath pleased God, that our honored Gov- 
ernor, John Cranston, deceased since the time of this Assem- 
l)ly's sitting (on the 12th of this instant nronth), this Assembly 
doe conceive it of necessity, and doe order and agree to pro- 
ceed to the election of another in his roomc or stead. 



80 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80. 

Major Pelcg Sauford chosen Governor, and engaged in open 
Assembly. 

The Governor chosen jModerator. 

Voted, The Deputy Governor, Capt'n Arthur Fenner, Mr. 
John Coggeshall Capt'n Randall llowldon, Mr. Peleg Tripp, 
and Jolni Sanford, are chosen a Committee to goe to Mrs. Mary 
Cranston, widow to our late deceased honored Governor Cran- 
ston, Esq'r, for the Charter, and all other writeings belonging 
to the Collony, that were in the late Governor Cranston's cus- 
tody, and have power to give the said Mrs. Cranston a full dis- 
charge in behalfe of tliis Assembly for what they receive ; who 
are to rcturne the same to this Assembly furthwith. 

Voted, The Committee to goe to Mrs. Cranston for the 
Charter, &c., they haveing returned to this Assembly, the Char- 
ter and other particulars mentioned in their receipt, this As- 
sembly have received them ; and they are in this present As- 
sembly delivered to the present Governor's custody. 

Voted, Wiiether an Agent be forthwith sent for England, or 
that for the present the sending of an Agent be suspended. 
The major vote was for the negative, that the sending of an 
Agent be at present suspended. 

Voted, It is ordered, that moneys be raised, and that tlie re- 
spective townes and places in this Collony shall pay each re- 
spective towne and place their just and equall proportion of all 
such charges and assessments as the Generall Assembly shall 
see cause for the sending an Agent for England. And tliis to 
be recommended to each severall and respective towne and 
place in this Collony, and that each of the said severall and re- 
spective townes and places, shall give a true rcturne according 
to the best of their understanding, what each severall towne 
will and can conveniently pay towards the disbursement for 
sending an Agent for England, if the Generall Assembly see 
cause ; and -all such returnes to be made from each respective 
towne and place to the Generall Assembly that shall be in Miiy 
next. 

Voted, Whereas there was aii act of the Generall Assembly, 
in October last, for running of the Westerly line of this Collo- 



IGSO.] AND PROVIDENCE PLANTATIONS. 81 

ny, which by re.'ison of the wetness of tlie weather, and the 
height of the rivers and ponds, it could not conveniently be 
done according to the time appointed by the said Assembly ; this 
Asscmbl}', upon searious and mature deliberation, conceive and 
judge it of necessity, that the said Westerl}^ line be speedily 
run and sett : doe therefore order and enact, That the said 
Westerly line, or soe much of it as conveniently may nuw be 
done, shall be sett and marked, according to the survaycrs' dis- 
cretion, soe farr as they shall see convenient, from the sea. 

The persons chosen and appointed to run the said line, are 
Capt'n John Albro, whoe was afore-appointed, and (whereas 
John Smith, whoe was afore-appointed, beinge removed out of 
this Collony) Mr. Peleg Tripp is in his stead added to Capt'n 
John Albro, for the performance of that worke. 

And it is ordered, That the said Capt'n John Albro and Mr. 
Peleg Tripp shall bee kept indemnified for their acting, in run- 
ning the said line. And the charges, ))otli to themselves and 
such as they shall employ in that worke, shall be truly borne 
and paid by the Generall Treasury of this Collon}'. And 
they are to begin and proceed in the premises, with what sjiecd 
may bee, and make a true returne of what they doe therein, 
unto the next Generall Assembly. 

Voted, Upon a petition of Richard Pray, unto this Assem- 
bly, for the remitting a sentence of the Generall Court of Try- 
alls, in October, 1678, against him for the sum of tenn pounds 
by him forfeited, beinge bound, and not acordingly attending 
said Court of Tryalls ; and in his pleadinge God's hand upon 
him by sickness, to be the absolute occasion of his non-appear- 
ance at said Court, which assertion of his was made to appeare 
to this Assembly, and alsoe considering the poverty of the pe- 
titioner, this Assembly doe see good cause, and doe rcmitt the 
forfeiture of the said Richard Pray's bond, and the sentence of 
the said Court thereon, he paying the Recorder's fees. 

Voted, Upon a petition of Benjamin Ilerndcn, of Providence, 
unto this Assembly, for the remittinge a sentence of the Gen- 
erall Court of Tryalls, against his wife Elizabeth, in October, 
1678, he pleading his great poverty, and the debillit}' of both 

VOL. III. 6 



82 RECORDS OF niE COLOXY OF RHODE ISLAND^ [IGSO- 

liimselfo and wife, with some other reasons to the satisf^ictioii 
of the Assembly, this Assembly see cause, and doe absolutely 
remitt the said fine and sentence of the said Court against the 
said Elizabeth Ilernden, fees being paid to the ofiiccrs. 

Voted, Upon a petition of Samuell Comstock unto this As- 
sembly, for the remitting of a fine and sentence of the Gen- 
erall Court of Tryall, held in October, 1678, against him, for 
the sum of forty shilling, and in his said petition rendering 
such reasons as are to the Assembly's satisfaction, this Assem- 
bly see good cause, and doe remitt his said fine, he the said 
Con"istock paying officers' fees. 

Voted, Upon a petition of Joseph Card, of Newport, unto 
this Assembly, for the remitting a fine, by the Generall Court 
of Tryall, held in October, 1G78, of twenty shillings, for not at- 
tending said Court on the jury, and he pleading illness and 
sickness at that time, this Assembly doe remitt the said Joseph 
Card's fine. 

Voted, Upon the presentation of Lieut. John Dextei*, of 
Providence, I'or the remitting a fine of tenn shillings, layd upon 
him for not attending the j\ny of the Generall Court of Tryalls. 
held in October last, this Assembly doe see cause to remitt the 
fine. 

Voted, Upon the information of jMr. John AVhipple and I\Ir. 
Joseph Jenks, that Samuell Tieft, though chosen a jury-man by 
the towne of Providence, to attend tlie jury at the Generall 
Court of Tryalls, held in jNIay last, yett had noe warninge by 
the Sergeant, and he the said Tieft, beinge by said Court of 
Tryalls, fined twenty shillings, this Assembly doe see cause to 
remitt the said Tieft's fine. 

A'oted, Upon a presentation from John Tillinghast, of Provi- 
dence, wlioe was fined the sum of twenty shillings, for not at- 
tendinge the jury at the Generall Court of Trj^alls, held in Oc- 
tober last, and reasons being rendered to the Assembly's satis- 
faction, this Assembly doe see good cause to remitt the said 
Tillinghast liis fine. 

Voted, That tlie Recorder doe forthwith transcribe the acts 
of this ^\i5seml«ly for runninge the Westerly line of this Collo- 



Proceedings of the Generall Asscmll!/ held for the Collony of 
Rhode Island and Providence Plantations at Newport, the ith 
of May, 1G80. 

Major Peleg Sanford, Governor. 

j\Ir. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Mr. Caleb Carr, jMr. John Whipple, Jim'r, 

Mr. Thomas Ward, Capt'n John Albro, 

j\Ir. Joseph Clarke, John Sanford. 

Mr. Stephen Arnold, Capt'n Samuel Gorton, 

Capt'n Arthur Fcnner, Mr. Thomas Greene. 

DEPUTIES. 

For Newport. Capt'n John Greene, 

Mr. William Coddington, Mr. Benjamin Smith, 

^Ir. Peter Easton, Mr. John Potter. 
^Ir. Benedict Arnold, For Westerly. 

lilr. Henry Bull, ]Mr. Tobias Saunders, 



1680.] AND rRO\lDENCE PL.VNTATIONS. 83 

ny, and affix the seale of the Collony thereto, and deliver the 
same unto Capt'n John Albro, and Mr. Peleg Tripp, or either 
of them. 

Voted, That the Recorder doe send forth copys of the acts f 

of the Generall Assembly in October last, under the seale of 
the Collony. And alsoe the acts of this Assembly under the 
seale, unto every towne of this Collony ; and shall be paid 
from each towne the sum of eleven shillings, in or as money 
for the said copys. 

March 17 th. 
This Assembly is dissolved. 



84 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80. 

DEPUTLES. 

jMr. Henry Tew, Mr. Robert Burdick. 
}^h'. Edward Thurston. For New Shorcham. 

For Providence. Mr. John Sands. 
Mr. John Thornton, For Kings Toivne. 

Mr. Pardon Tillinghast, 

Mr. James ]Mathewson, For East Greenwich. 

Mr. Edward Smith. ^Ir. John Spencer, 

For Portsmouth. Mr. John Heath. 
J>Ir. George Lawton, For James Townc. 

Mr. William Wodcll, Capt'n John Foancs, 

Capt'n William Correy, Ensign Nicholas Carr. 
Mr. John Borden. 

For Warurick. 
Mr. Randall Ilowldon, 

The Governor chosen Moderator. 

John Sanford chosen Gierke of this Assembly. 

Voted, John Correy and George Manchester, being freemen 
of Portsmouth, are admitted freemen of this Collony. 

Voted, Oliver Arnold and George Havens being freemen of 
Jamestowne, arc admitted freemen of this Collony. 

Voted, This Assembly is dissolved. 

At the Gcncrall Asscmbl/y and Election held at Newport, the oth of 
Ma^, 1G80, at the Jmise of liohcrt Lovis. 

The Assembly consisted of the above written Governor, 
Deputy Governor, Assistants and Deputys. 

The Governor, jNIajor Peleg Sanford, chosen Moderator. 

John Sanford chosen Gierke of this Assembly. 

Voted, The Gierke of this Assembly is appointed to write 
the names of those that bring in their votes, and the names of 
all that are brought in by proxies. 

Voted, Mr. Thomas Ward and Capt'n John Albro, are chosen 
to open the proxies. 

Voted, That Mr. William Wodell and Capt'n John Foanes arc 



16S0.] 



AND PROVIDENCE PLANTATIONS. 



85 



chosen to receive the votes that arc brought in, and take care 
that each person bring in but one vote, and putt the votes into 
the hatt. 

By the Election was chosen the following, who were sever- 
ally engaged. 



GOVERNOR. 

JNIajor Peleg Sanford, 

DEPUTY GOVERNOR. 

]Mr. Walter Clarke. 

ASSISTANTS. 

I^Ir. Thomas Ward, 
My. Caleb Carr, 
My. William Coddington, 
Mr. Stephen Arnold, 
Capt'n Arthur Fenncr, 
Mr. Joseph Jcnckes. 
Capt'n John Albro, 
My. George LaA\i;on, 
Capt'n Samuel Gorton, 



Capt'u John Greene. 

RECORDER. 

John Sanford. 

GENERAL TREASURER. 

Mr. Ednumd Calverly. 

GENERAL TREASURER. 

INIajor Peleg Sanford. 

GENERAL ATTORNEY. 

My. Weston Clarke. 

SOLICITOR. 

My. Robert Williams. 

MAJOR. 

Capt'n John Albro, 



Voted, Major John Albro, ]\Ir. Henry Tew, My. Joseph JenckeSj 
Capt'n John Greene, My. Tobias Saunders, Capt'n John Foanes, 
and Capt'n John Sands, with the Generall Sergeant, are chosen 
and appointed a Committee to hand the Charter to this As- 
sembly 

Voted, ^Ir. Joseph Jenckcs, ^Mr. George Lawton, and Capt'n 
John Greene, are chosen and empowered to purchase and pro- 
cure a bell, to be sett and placed in some convenient place, for 
the publick use of this Collony, and for giveing notice, or sig- 
nifying the severall times or sittings of the Assemblys and 
Courts of Tryalls, and Generall Councills, and what they agree 
and engage for pa3^ment, shall be l3orne and paid by the pub- 
lick Treasurer of this Collony. 

Voted, This Assembly haveing appointed a Committee to 
purchase a bell for publick use, the' said Committee haveing 
agreed with Mr. Freelove Arnold, &c., for a bell, and have 



86 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80. 

brouglit the same to this Assembly, haveing engaged the sum 
of three pounds, tenn shilHngs, in or as money, for the same, it 
is ordered, that the said sum of three pounds, tenn sliilhngs 
shall be truly paid by the Generall Treasurer of this Collony. 

Voted, Capt'n Samuell Gorton, and ]Mr. Peter Easton, are 
chosen a Committee to goe to Mrs. jNIary Cranston, widow of 
our honored deceased Governor, John Cranston, Esq., and on 
behalfe of this Assembly desire and receive an account of what 
the said late Governor hath in his pertickular memorandums 
left as to the death of persons Avithin this Collony, and other- 
wise compute soe farr as they can informc themselves fur the 
time of seven yeares past. 

Voted, The Deputy Governor, Capt'n Arthur Fenner, and 
Capt'n John Greene, are chosen a Committee to draw up some 
lines to accompany the answer to the severall queries from the 
Honorable Lords of his ^lajesty's Privy Councill, the Commit- 
tee for Forraigne Plantations. 

Voted, Mr. Thomas Ward, Capt'n Arthur Fenner, Capt'n 
John Greene, ]Mr. Francis Brinley, Mr. John Eastun, ^Ir. Wm. 
Wodell, and John Sanford, Recorder, they or the major part of 
them, are chosen, appointed and empowered a Committee to 
take view of the laws and acts of this Collony, and to putt 
them into such a method that they may be putt in print; and 
the\' are to take the advice of the Governor and Deputy Gov- 
OTnor, in the extracting and composing the laws now on re- 
cord, and what they agree on and compose, shall be by them 
presented to the Assembly in October next, for their approba- 
tion and confirmation. And they are to have and hold their 
first meeting on or before Tuesday, the 24th of June next, at 
the house of Henry Palmer, in Newport ; and soe to meet from 
time to time as they shall see cause. And the Generall Ser- 
geant is empowered to give notice to the severall persons of 
this Committee for -their meeting. 

Voted, Upon a petition of Mr. John Pococke, presented to 
the Generall Assembly sitting the 10th of March, 1679-80, 
and by said Assembly referred to this Assembl}', the contents 
thereof relating to a diflerencc by action between jMr. Christo- 



1680.] AND PROVIDENCE PLANTATIONS. 87 

phcr Almy and jMr. Job Almy, plaiiitifTs, against said John Po- 
cocke and iNIaiy, his wife, Executrix to the deccMsed Jolm Al- 
my, defendant, and was in tryall at the Geaerall Court of Try- 
;dls, held in October last ; this Assembly havcing debated and 
seariously considered the matter, doe fmde that the said action 
is, and stands in a due course of law, by reheavinge. There- 
fore doe order and declare, that according to the progress in 
law, the said «action proceed. 

Voted, Bee it enacted by this Assembly and the authority 
thereof, that in all actionall cases brought to the Generall 
Courts of Tryalls, if either plaintiff or defendant be aggrieved 
after judgment entered in Court, they may and have liberty to 
make their appeale to the next Generall Assembl}^ fcr reliefe, 
provided such appeale be made in the Recorder's office tenn 
days' time after judgment entered as aforesaid ; as alsoe such 
person or persons soe appealinge, shall first pay cost of Coui't, 
and give in bond as in case of review, and thereupon execution 
shall be stopped till the determination of the Assembly be 
knowne. 

Voted, The above-said act shall be forthwith published, by 
being sett up at the towne of Newport, under the scale of the 
Collony, and by the Recorder subscribed. 

Voted, That the Magistrates and Deputies, during tlic sit- 
tinge of the Courts, be allowed and paid out of the Generall 
Treasury, towards their necessary expenses, after the rate of 
seven shillings a w^eeke for each of them, in money, proportion- 
able to the time of their attendance. 

Voted, That the towne of Warwick be eased from sending 
four jurymen to the Courts of Tryall, and have liberty to send 
but two jur3nnen, viz. : one grand juryman, and tme fur the 
jury of tryalls- 

And that the tjDwnes of Newport, Providence, and Ports- 
mouth, have each of them an abatement of one grand juryman, 
any act or order in this Collony to the contrarj^ hereof, not- 
withstanding. 

Voted, The Generall Sergeant Edmund Calverl3''s bill for 
publike service, haveing been presented and perused, this As- 



88 RECORDS OF THE COLONY OF RIIODp] ISLAND, [1680, 

seml)ly doe allow and order the sum of eighteen pounds, nine- 
teen shillings^ four pence, in or as money, to be paid him out 
of the Generall Treasury. 

Vdted, Forasmuch as this Assembly, beinge very sensible of 
the great disappointment that happens to the members of this 
Collouy by reason of the Courts of Tryalls interfearing Avith 
the Generall Assemblys, which proves a gi-eiit hinderance to 
the proceedings of either, and that justice bee not retarded : 
therefore, bee it enacted by this Assembly and the authority 
thereof, that the Courts of Tryall for the future, be holden at 
Newport, the last Tuesday in March, and first Tuesday in Sep- 
tember, annually ; and soe to begin the first Tuesday in Sep- 
tember next, in this yeare, 1080. And in case any bonds be 
already taken to the next Court in October, that they shall by 
virtue hereof, stand good to the said Court in September, as if 
soe taken ; any law to the contrary hereof in any wise, not- 
withstanding. 

Ordered, That the seale be affixed, and publication hereof, 
the 14th instant, by beate of the drum in Newport. 

Voted, That the letter drawne and presented to this Assem- 
bly, in answer to a petition from Mrs. Kathrin Gorham, shall 
be signed by the Gierke of this Assembly. 

Voted, That an act of the Generall Assembly in October last 
past, concerning the payment of the sum of tenn pounds unto \ 
^Ir. William Harris, b}^ the Generall Treasurer, this Assembly [ 
on some presentations and searious debate and consideration, 1. 
doe see cause to oi'der, and forewanie the Generall Treasurer [ 
of this Collony that the said sum, or any part thereof, be not > 
paid unto the said Harris, untill further order from the Gener- 
all Assembly of this Collony. > 

Voted, This Assembly, on searious consideration of the rais- ; 
ing mono}' for the payment of the Collony's debts, and a stake i 

of money to be in, the Generall Treasurer's hands for publicke [ 

uses, doe order, that a rate be forthwith assessed in each re- ^ 

spectivo towne and place of this Collony ; and that the respec- ' 

tive townes and places shall pay the 'assessments of one bun- f 
dred pounds, in or as money. f 



1680.] AND PROVIDENCE PLANTATIONS. 89 

Voted, Bee it enacted by this Assembly and tlic authority 
thereof, that if the free inhabitants of an}^ townc or village in 
this Collony doe or shall neglect to assemble together in such 
forme or order as by law or custom they are bound or used to 
doe, and choose such and soe many ollicers as by law or cus- 
tom they are to choose : that then it shall be lawfull for the 
Governor or Deputy Governor, with six Assistants, to order, 
appoint and constitute under their hands, such officer or offi- 
cers in the said towne, village or place as shall to them seem 
meet for the carrying on the affairs depending and being be- 
tween the Collony and the said towne or village, from time to 
time ; and alsoe for the carrying on the affaires in the said 
towne or village, any law or laws in this Collony, to the con- 
trary hereof, in any wise notwithstanding. 

A^oted, Bee it enacted by this Assembly and the authority 
thereof, for the regulating of disorderly selling of all sorts of 
strong liquors, wine and strong drinke, and setting up tippling 
houses without lycence in any the respective townes, villages 
and places of this Collony ; this Assembly seariously weighing 
the premises, doe order, that the Towne Councills of each re- 
spective towne, village, or place or major part of them, on le- 
gall warning meeting are hereby authorized to grant lycences 
and to suppress any persons that shall sell by retale as afore- 
said, without or contrary to their order ; and that the offenders 
shall be lyable to be dealt withall, according to the laws of 
England ; and pay for the first oftcnce, a fine of forty shillings 
for their transgression, in or as money ; but in case the respec- 
tive Towne Councills neglect, then two Magistrates upon just 
complaint, are authorized to give lycences as well as to sup- 
press those that disorderly sell as aforesaid ; any law to the con- 
trary hereof in any wise, notwithstanding. 

Voted, Upon petition of Edmund Calverly, Generall Ser- 
geant, to this Assembly, to have the full result of this Assem- 
bly what the foresaid Sergeant shall doe with such freemen of 
this Collony, which the Generall law says their owne bond 
shall be taken, though in noe reall capacity as the law of Eng- 
land, requires soe to doe. 



90 RECORDS OF TILE COLONY OF RHODE ISLAND, [1G80. 

This Assembly doc enact and agree, tliat any person or per- 
sons in this said Collony, though admitted free of this Collony, 
by any precedent Assembly or Assemblys, shall have his or 
their owne bond taken b}^ the Generall Sergeant, except his or 
their estate bee really worth in this Collony one hundred 
pounds sterling of lawfull money of New England, any hxw in 
this Collony to the contrary hereof, notwithstanding. 

Ordered, by this Assembly, that Mr. Thomas Ward, }>h. Pe- 
ter Easton, and William Wodell, or major part of them, are ap- 
pointed a Committee to auditt the accounts of our Honored 
Governor, ]Major Peleg Sanford, Treasurer, and to make re- 
turne thereof to the next Generall Assembly of this Collony. 

And it is hereljy further ordered, that the Generall Treasu- 
rer of this Collony doe annually at the Court of Election pre- 
sent his accounts to the Generall Assemblj^, to be auditted. 

John Sanford's accounts for his service, being Recorder, and 
Secretary of the Councill this last year, haveing been debated, 
the Assembl}^, doe see just cause to allow him, and doe order, 
that the sum of ten pounds in or as monc}^, bee truly paid him 
by the Generall Treasurer. 

Voted, The Recorder shall send forth copi)ys of the acts of 
this Assembly, unto all the townes of this Collony, under the 
scale of the Collony, with convenient speed ; and for each copy 
shall have from each towne the sum of eight shillings, in or as 
money. 

By vote, This Assembly is dissolved. 

Wee whoe have hereunto subscribed, being appointed by this 
Honored Assembly to make search how many persons have de- 
ceased in this Collony for the time of seven yeares last past, 
according to the best computation wee can make by the re- 
cords, wee have the whole number of persons deceased, is four 
hundred and fifty-five. 

THOMAS WARD, 
SA^IUELL GORTON, 
May irth, 1780. ' - PETER EASTON. 



IGSO.] AND TROVIDENCE PLANTATIONS. 91 



Procccdlnfjs of the Gcncrall Asscmhlij held for the Collowj of 
Rhode Island and Providence Plantations at Newport, the 21 ih 
da// of October, 1680. 

The Governor chosen Moderator. 

The Recorder, John Sanford, Gierke. 

Voted, Whereas there was an action of debt, bearing date 
the 18th of I\Iarch, 1G79, commenced by John Pococke, of 
Newport, phiintiff, against Ghristopher Almy, of Portsmouth, 
defendant ; which said action, according to the custom of this 
Gorporation, came to tryall in the Generall Court of Tryalls, 
hekl in Newport, aforesaid, in ^lay, 1G80, and upon and after 
the full plea of the matter, the jury found for the plaintiifthe 
debt sued for, with six pence damage and cost of Court; 
whereupon the defendant being aggrieved, entered according 
to law and custom, a review of the case ; which accordingly 
was fully pleaded in the Generall Court of Tryalls, held in 
Newport, aforesaid, the 7th day of September, last past ; upon 
which plea, the jury see cause to find for the defendant cost of 
Court. Whereupon, the said plahitiff being aggrieved, he ac- 
cording to law, appealed to this Generall Assembly for reliefe 
in the said case ; and the said case haveing been fully debated 
in this Court, and the evidences on both sides thoroughly con- 
sidered, wee fuide that neither plaintifib nor defendant have 
in all things performed the covenants whereby they were 
bound to each other ; whereupon the full and fniall determina- 
tion of the said case, and all and singular the breaches of the 
said covenants contained in the said covenant or obligation on 
wliich or by reason thereof the said action was grounded or 
commenced : this Court doe determine, and that according to 
the equity of the said case, the said defendant shall pay unto 
the said plaintiff the sum of tenn pounds in money, in full per- 
formance of his said part of the said covenant or obligation, 



92 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80. 

which he was bound to pay ; and that tlio said plaintiff sliall 
allow the five pounds and the barrill of heife, which the said 
defendant was to have paid, more than the sum of tenn pounds, 
as appearos by the said covenant or obligation, in consideration 
of the damages sustained by the said defendant for and by 
reason of every the covenants in said covenant or obligation, 
which ought to have been performed on the part of Mary, his 
late wife, and relict of the late deceased John Almy, of Ports- 
mouth, aforesaid ; and each to beare his owne due. ; 

And further it is ordered, that if the said defendant shall neg- ' 
lect to pay or cause to be paid to the said plaintiff the said j 
sum of tenn pounds on or before the first Tuesday in January \ 
next ensuing, that the Recorder shall grant forth execution in } 
manner as after judgment entered in the Generall Court of ' 
Tryalls. Execution granted forth. 

Voted, Whereas Mr. Joseph Clarke, of the towne of Wes- ; 
terly, hath petitioned this Assembly for reliefe, for and by rea- \ 
son of an unjust sentence passed against him by the Court of ; 
Assistants, held October the 7th, at Hartford, in his Majesty's J 
CoUony of Connecticut, on pretence that the said Joseph Clarke ; 
had been an offender against law in being obedient to Job ; 
Badcocke, Constable of the said towne ; whoe haveinge a war- i 
rant under the hands of the Governor and Deputy Governor, ' 
bearing date in May last, to apprehend Joseph Richardson of 
the same place, for useing and exerciseing the oflice of a Con- 
stable, or a Deputy Constable, in this jurisdiction, it being on ' 
the eastward sitle of the line by his Majesty's Commissioners 
appointed, after long debate, to be the dividing line between 
this Collony and tlie Collony of Connecticut, and that it was 
soe to remaine untill jMajesty's pleasure were further knowne, 
in arresting and takeing the body of Thomas Wells, and him 
keeping prisoner, and compelling the said Thomas Wells to 
make answer to the said arrest, at a Court held in the jurisdic- 
tion of Connecticut, aforesaid, notwithstanding the aforesaid de- 
termination. As alsoe, it being in this Collony by the express 
words of his ^Majesty's gracious grant unto us ; for which sup- 
posed offence of the said Joseph Clarke, he was apprehended 



1G80.] AND TROVIDENCE PLANTATIONS. 93 

at his owne liouse, being scittiiatc in the townc of Westerly, 
aforesaid, above two miles to the eastward of the river, com- 
monly called Pawcatuck, alias Narragansctt River ; and from 
thence forced and carryed to Hartford, aforesaid, and compelled 
to make answer to the aforesaid complaint ; and alsoe at the 
pleasure of the judges fined the sum of tcnn pounds, besides 
all other his loss and damages. 

And this Assembly haveing taken his complaint into consid- 
cr;ition, doe judge themselves obliged to save and keep harm- 
less the said Joseph Clarke, in his lawfuU obedience to the 
government of his Majesty established in this jurisdiction ; and 
doe thereupon order, that the sum of thirteen pounds and tenn 
shillings in money, or other pay equivalent, be paid by the Gen- 
crall Treasurer of this Collony, unto the said Joseph Clarke, 
o^•er and above what the said Treasurer hath already paid, in 
recompence of his aforesaid damage sustained. 

A'uted, Whereas the Captains of the severall Traine Bands 
in this Collony are by law strictly required to grant forth their 
^varrants of distraint to levie and distraine all such fines and 
fui-feitures as by law are due, or hereafter shall be due, from all 
such listed souldjer or souldjers as shall not appeare compleat 
in their amies on the severall traininge days appointed ; and 
there attend the millitary exercise of each day. 

It is therefore further enacted by this Assembly and the au- 
thority thereof, that whatsoever Traine souldjer in any of the 
respective Traine Bands, shall refuse or deny to execute any 
such warrant or warrants as shall be given forth and signed by 
the Captain of that company to which the said souldjer or 
souldjers belongeth, or in the Captaine's absence, then by the 
Lieftenant or next superior officer, every such souldjer or sould- 
jers that shall neglect, refuse or deny to execute all or any 
such warrant or warrants, according to the contents and true 
meaning thereof, shall -for every of his or their default, pay a 
fine of tenn shillings, to be taken by distraint in manner as 
the said fines for defect of not traininge are to be taken ; and 
said fine or fines of what nature soever relating to the millitary 
exercise, shall be returned to the Clerke of every respective 



94 RECORDS OF THE COLONY OF RHODE ISLAND, [1G80. 

Traiiic l^aiid, aiul to be disposed of by the commissioned olli- 
cors of the said respective Traiiie Bands, fur the use of the said 
respective Company; any law, usage or custom to the contrary 
hereof in any wise, notwithstanding. 

Voted, There being intelligence presented to this Assembly 
from ^Ir. Deane, in England, that he still demands a considera- 
ble sum of money of the Executors of Mv. John Clarke. 

Therefore it is ordered, that each of the townes concerned in 
the six hundred pound rate, doe choose two men to auditt the 
accounts of Mr. John Clarke, that some ccrtaine answer may 
be returned in behalfe of the Collony at or before the 20th day 
of February ; and they or the major part of them to meet at 
the house of Sergant Henry Palmer, in Newport, at the time 
aforesaid. 

Voted, Whereas the Generall Assembly, held the 29th of 
October, 1679, did upon the petition and request of William 
Harris, of Pawtuxet, in the tovrneship of Pro^'idence, give or- 
der to tlic Generall Treasurer of this Collony, to pay unto the 
said William Harris the sum of twenty pounds in currant pay, 
for and in consideration of the sum of tenn pounds paid by 
him for the use of this Collony in England, to Capt'n Richard 
Deane ; and the said sum ordered to be paid by the Treasurer, 
aforesaid, to the said Harris, remaining unpaid untill the sitting 
of the next Generall Assembly, Avhich was held the 5th of May, 
1G80 ; and then some members of the said last mentioned As- 
sembly asserting that the said mone}^ was already paid unto 
the said William Harris; whereupon, the said Assembly or- 
dered a suspension of the payment of the sum aforesaid ; and 
since the said persons haveing produced no ccrtaine proofe of 
their aforesaid allegations, this Assembly see cause to order, 
that the said sum of twenty pounds, currant pay, bee Avith all 
convenient speed paid by the Generall Treasurer of this Collo- 
ny unto tlie said William Harris, or his assignes ; he or they 
givcing a sufficient discharge for the same. 

Voted, It is ordered by this Assembly, that from henceforth 
all and every commissioned officer or officers of any of the re- 
spectiye Traine Bands in this jurisdiction, shall at the time 



IGSO.] AXD rROVIDEXCE PLANTATIOXS. 95 

of election of inillitaiy officers be chosen in the same phice in 
the Band that he stood in before, that the Governor renewing 
his former commission that was under the scale of the Culh)ny, 
shall 1)0 deemed and taken to be a sufficient connnission for the 
said officer to execute his respective office in the said Band, to 
all intents and purposes, as if a new commission had been given 
by the Governor, under the seale of this Collony, and attested 
by the Generall Recorder. 

Voted, It is ordered by the Assembly, there appearing a 
Deed, wherein is contained a purchase of the lands of Poto- 
womctt, by Capt'n Randall ILnvldon, and assigned by Capt'n 
llowldon to the Collony's use ; the towne of Warwick laying 
claime to the same lands, by vertuo of a precedent Deed, as is 
said ; and Capt'n llowldon desiring his aforesaid Deed to be 
delivered back into his owne custody ; therefore it is ordered, 
that Capt'n llowldon shall have a copy of the Deed's endorse- 
ment, under the Recorder's hand, delivered ; but the original! 
to remaine in the Governor's hand, untill the next Assembly, 
and then the two Deeds to be compared. Provided a copy of 
Warwick Deed be attested, under two Magistrates hands of the 
towne of Providence. 

Voted, It is ordered, for an addition to tlie law of appeales, 
that the person appealing, shall enter his reasons of appeale 
tenn days before the Court appealed unto ; and the defendant 
hath liberty to take out the reasons of appeale, and give in his 
answer at the Court ; and that the plaintiff take copys of the 
case from the Ptccorder, and present the Avhole case to the 
Court appealed unto, paying the usuall fees to the Recorder 
that he hath for copys at the Generall Court of Tryalls, and 
pay other fees according to the custom of our Courts of Try- 
alls, to the Sergeant, for calling the case ; and noe other fees 
to the Recorder nor Sergeant, except new evidence be present- 
ed that was not in the former Courts. 

Voted, That the Committee chosen for the regulating of the 
laws of this Collony be still continued, untill the next 
Assembly. 

Voted, Westerly's petition read and considered, it is or- 



96 EECOKDS OF THE COLONY OF RHODE ISLAND, [1G80. 

cler, that copys of the letters that came from William Blatli- ■ 
Avaite, Esq., in London, l)e sent under the Rccoider's hand to ; 
the towne of AVesterly ; and alsoe that the rate of three Inin- 
dred pounds, and the hundred pounds rate that their part of 
the said two rates be suspended. ; 

Voted, That Elizabeth Ilolderbee be abated twenty-five sliil- • 
lings of her fine, at the Court of Tryalls in September last ; » ' 
only she is to pay ofiieers' fees. [ 

Voted, That Mr. Joseph Clarke have two copys of this Gen- [ 
erall Assembly's acts, about the answer of his petition. And ; i 
he to leave one of them with the Generall Treasurer, and to [ | 
have them without paying the Recorder any thing for writinge \ \ 
of them. [ I 

Voted by this Assembly, that the widow Sarah Knight, of .1 
Newport, haveing petitioned for a confirmation of a share of ; ; 
lands settled by her deceased husband, without Court order in i 
East Greenwich, the matter haveing been considered and de- 
bated concerning her condition of widowhood, and the damage ' 
that will befall her in case the petition be not granted, tliere- ' 
fore, it is agreed by this Assembly, that the widow Knight ; 
shall enjoy the foresaid share of land, and possess it upon the ; ; 
same teanure with the rest of the inhabitants of East Greenwich. ' 
Provided, the said widow doe pay the sum of forty shillings in 
money into the hand of the Generall Treasurer of this Colluny, 
within six month's time. 

Voted, Upon the request and petition of Benjamin Gorton, to 
this Court for the remission of his fine at the Court of Tr3'alls, in 
jNIay last, this Assembly upon the searious debate and consid- 
eration of the said petitioner's request, doe see cause to rciaitt 
his fine, and returne him his five shillings in money layd down, 
for his petition. 

Voted, That the petition of Job Ilaukins is referred to tlie 
Committee chosen to regulate the laws of this Collony. 

Voted, This Assembly doth desire and empower Capt. Sanuiel 
Gorton, and Capt'n John Greene, Assistants, to goe with all con- 
venient speed to Kings Towne, and there require and receive 
the head Warden and Deputy Warden, and other officers in 



1681.] AND mOVIDENCE PLANTATIONS. 97 

the said towne their engagements, according to tlic law of tliis 
Collony. 

Voted, It is ordered, that the acts of this Assembly shall be 
sent forth by the Recorder, under the scale of the Collony, at- 
tested by the Recorder, to the severall townes of this Collon}''^ 
within twenty days ; and the Recorder to have five shillings in 
money, or pay equivalent to money, of each towne, for the said 
copy. 

Voted, This Assembly dissolved November 3, 1680. 



Proccccliugs of the Gcncmll Assembly held for the Collony of 
Bhode Island and Providence PkaUaiions (d Newport, the 
M of May, 1681. 

Major Pelcg Sanford, Governor. 

Mr. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Mr. Tliomas Ward, Mr. Joseph Jcncks, 

Mr. Calel) Carr, Major John Albro, 

JMr. William Coddington, Mr. George Lawton, 

Mr. Stephen Arnold, Capt'n Samuel Gorton, 

Capt'n Arthur Fcnncr, Capt'n John Greene. 





D 


KPUTIKS. 






For Newport. 






For Providence. 


Mr. 


James Barker, Sen'r, 




Mr. 


John Whipple, Jnn'r, 


Mr. 


EdAvard Thurston, 




I^Ir. 


Richard Arnold, 


Mr. 


Peter Easton, 




iMr. 


Nathaniell Watei-man 


Mr. 


Henry Bull, 




]\Ir. 


Thomas Harris, Jnn'r 


Mr 


Richard Dunn, 






For Ports7nonlh. 


Mr 


Phillip Smith. 




iMr. 


Latliam Clarke, 


VOL 


. III. 


7 







98 RECORDS OF THE COLONY OF RHODE ISLAND, [1G81. 

DEPUTIES. 

Uv. William Wodell, For Neio Shoreham. 

Mr. Peleg Tripp, IMr. John Rathbone. 

Mr. Arthur Cooke. For Kings Toivne. 



For Wanvick. 



]^Ir. Thomas Greene, For East Grecmvich. 

Mr. Benjamin Barton, John Sanford, 

Mr. :Moses Lippitt, Mr. Thomas Diingin. 

Mr. Knowles. For James Toivne. 

For Westerly. Capt'n John Foanes, 

Mr. Tobias Saunders, Mr. Ebenezer Slocum. 
Mr. Jeftery Champlin. 

The Governor chosen Moderator. 

Voted, Elias Carpenter, Benjamin Carpenter, Thomas Fen- 
ner, John Sailes, Samuell Comstock, John Wilkinson, Eleazer 
Arnold, Tho. Ustance, Ilcnry Ustance, Joseph Smith, John Ar- 
nold, Jonatha. Sprague, Ephraim Pearce, Edwd. Manton, James 
Angell, nicli'd Clcmence, Tho. Patey, Jolni Belloo, and Joseph 
Jencks, Jun'r, .'dl of the towne of Providence, are admitted free- 
men of this Collony. 

Voted, Israeli Arnold, John Roades, Job Greene, and Joseph 
Carder, of the towne of Warwick, are admitted freemen of this 
Collony. 

Voted, Jelfery Champlin, Wm. Champlin, John Lewis, Peter 
Crandall, James Crandall, and Gershom Crandall, of the towne 
of AVesterly, are admitted freemen of this Collony. 

At the Gcncrall Assembly and Election held at Newport, the ith of 
May, 1681. 

The Assembly consisted of the above-written Governor, Dep- 
uty Governor, Assistants and Deputys. 
The Governor chosen jNIoderator. 
The Recorder, John Sanford, chesen Gierke, 
The Charter openly read. 



1681.] 



AND PROVIDENCE PLANTATIONS. 



99 



Voted, That Lieut. Latham Clarke, and Mr. Richard Arnold, 
arc chosen to receive the votes from each person that personal- 
ly bring in their votes, and soo putt them into the hatt as the 
Election proceeds. 

Voted, Jylr. William AVodell, Mr. Phillip Smith, and Capt'n 
John Foanes, are appointed to open the proxies, and as the 
Election proceeds, putt the votes into the hatt. 

Voted, That this Assembly adjourne, to sitt in the lower 
roome, for the conveniency of the Election. 

By the Election was chosen the following, who were sever- 
ally engaged. 



GOVERNOR. 

Major Pcleg Sanford. 

DEPUTY GOVERNOR. 

Ish: Walter Clarke. 

ASSISTANTS. 

jNIr. John Easton, 
jNlr. Caleb Carr, 
Mr. William Coddington, 
Capt'n Arthur Tenner, 
Mr. Joseph Jenclis, 
Mr. Uichard Arnold, 
jNIajor John iVlbro, 
Mr. George Lawton, 
Capt'n John Greene, 



Capt'n Samuel Gorton. 

RECORDER. 

John Sanford. 

GENERAL SERGEANT. 

Mr. Thomas Fry. 

GENERAL TREASURER. 

Mr. Weston Clarke. 

GENERAL ATTORNEY. 

^Ir. Edmund Calverly. 

SOLICITOR. 

Edmund Calverly. 

JLVJOR. 

John Albro, Sen'r. 



Voted, Whereas Mr. John Sanford, Gierke of the Assembly, 
being by some occasion absent, the Assembly did see cause to 
appoint Mr. John Foanes to supply his place during his 
absence. 

Voted, Emanuall Woolly having petitioned this Assembly, 
that whereas he w^as bound in a bond of recognizance for his 
good behaviour, and appearance at the last Generall Court of 
Tryalls, and he not appearing at the time aforesaid, according 
to order, his said bonds being forfeitted-, did humbly desire this 



100 RECORDS OF THE COLONY OF RHODE ISLAND, [1681. 

Assembly to remitt the same ; and they takeing it into consid- 
eration, doe remitt the forfeiture. 

Voted, Whereas there was a petition presented by Capt'n 
Arthur Tenner, subscribed by seven persons of Providence and 
Warwick (to this Assembly), this Assembly did see cause to 
suspend the answering thereof, untill their next sitting in 
June. 

Voted, This Assembly takeing into consideration the matter 
to them presented by two Assistants of the Towne Councill of 
Providence, concerning the late rash, turbulent and violent be- 
haviour of Benjamin Hernden, Jun'r, of said Providence, to- 
wards an Indian man, as he upon his examination the 25th of 
Aprill did acknowledge, that he being lately in the woods be- 
longing to the said towne, and there seeinge an Indian man, 
did shoot with his gun at the said Indian with an intent to kill 
him ; and for noe other cause (as he himselfe confesseth) but 
for that the said Indian Avould not obey his word, and st.and at 
his command ; who indeed had noe authority nor just cause 
soe to command, which said Indian, notwithstanding the said 
violence to him offered, did not then seek to reveno-e himselfe 
by the like returne, although he alsoe had a gun, and might 
have shot at Ilernden again, if he had been minded soe to have 
done, but went peaceably away ; only useing some words by 
way of reproofe unto the said Ilernden ; blaming him for that 
his violence and cruelty, and wondering that English men 
should offer soe to shoot at him and such as he was, without 
cause. 

This Assembly haveing seariously considered and weighed 
the matter, doe see cause, for the prevention of such insolent 
and outrageous actions for future time, to enact, and hei'cby it 
is by this Assembly and the authority thereof enacted, that all 
his Majesty's subjects in this CoUony are hereby required to 
behave themselves peaceably towards the Indians in like m.'in- 
ner as before the warr ; and noe person or persons shall pre- 
sume to doe any such unlawfull acts of violence, upon their 
perrills. 



1681.] AND PROVIDENCE PLANTATIONS. 101 

Voted, Ordered by this Assembly, that a copy of this act be 
forthwith drawne by the Generall Recorder, and the scale of the 
Collony affixed, and sent unto the towne of Providence, and 
there to be published with all expedition. 

Voted, The Deputy Governor, Mr. John Whipple, Mr. Wm. 
Wodell, and Mr. John Foanes, are appointed a Committee to 
examine and auditt the Generall Treasurer's accounts, and to 
settle them. The time of their first meeting shall be the 20th 
day of June, which will be on the second day of the weeke ; 
and any two or more of the persons nominated appearing, have 
hereby power to inspect and settle the foresaid accounts with 
the Treasurer 5 and are first to meet at his house, and to make 
their returne to the next sitting of this Assembly. 

This Assembly is adjourned untill the last Wednesday save 
one, in June next, being being the 22d day of said month; ex- 
cept any emergency should require the callinge thereof, which 
is left to the discretion of the Governor, or in his absence the 
Deputy Governor, to convene the said Assembly, if occasion in 
the interim of time require it 

June 23c?. 

According to the aforesaid adjournment, the Assembly called 
and satt. 

Voted, Upon the petition of John Clarke, of Newport, for 
moneys due to him for service done at Westerly, in the time of 
his brother, Joseph Clarke's imprisonment at Connecticut, this As- 
sembly agree and order the said John Clarke the sum of thirty- 
five shillings, in or as money, to be paid by the Generall 
Treasurer. 

Voted, In answer to the petition of Walter Clarke, Deputy 
Governor, Caleb Carr, Assistant, jMr. Joseph Clarke, and Mrs. 
Mary Cranston, for reliefe concerning moneys disbursed by 
them in behalfe of the Collony, be it enacted by this Assembly 
and the authority thereof, that the sixty pounds due to Mr- 
Stephen Arnold, upon the account of Ciipt'n Houldon and Capt'n 
Greene, which was engaged to said Mr. Arnold l)y the above- 
said petitioners and severall others, as appeares by an act of the 



102 RECORDS OF THE COLONY OF RHODE ISLAND, [1681. 

General! Assembly, held May, 1679, is (leclarcd to be the Col- 
lony's due debt, and therefore doe order the speedy payment 
thereof, that soe the respective persons may be saved indem- 
nified. 

Bee it fnrthere enacted, that all such towncs or places, whoe 
have neglected to make and gather up the severall levies for 
the raiseinge of the said sixty pounds, according to the act 
made by the Court held in May, 1679, are hereby rc([uired 
fortlnvith to make and gather up, and send in their se^■crell 
levies to the Generall Treasurer ; and that the said debt shall 
be paid Avith expedition out of the Generall Treasury. 

It is alsoe further ordered. That the Honored Governer, Ma- 
jor Peleg Sanford, the late Treasurer, is hereby ordered to pay 
unto Mr. Stephen Arnold such moneys as he hath receiA'ed, of 
the said sixty pounds levie, and take a receipt therefor, in be- 
halfe of the Collony, and the persons that engage. The Gov- 
ernor enters his dissent to this act, forasmuch as the proceed- 
ings of the Generall Assembly in May, 1079, conccrninge the 
assessment of a rate of sixty pounds on the Collony, Avas con- 
trary to law. 

A^oted, That the persons formerly chosen to auditt the late 
Treasurer's, Major Peleg Sanford's accounts, are to meet this 
23d of June, and expedite the matter, ordering their adjourn- 
ments and places of meeting from time to time, untill it be 
perfected ; and are empowered, they or the major part of them, 
to give a full discharge in the Collony's bchalfc. 

Voted, For the suppressing of disorders, it is ordered, that 
any townes of this Collony are hereby empowered, as necessity 
shall require, to choose a Constable or more than formerly they 
were wont to doe, and if need require, to make their election 
of said ofiicer or officers as well at any other of their toAvne 
meetings as on their election day, the townsemen haveing le- 
gall notice thereof And the Constable or Constables soe elect- 
e 1, shall be l}'able to pay the same fine upon refusall, as though 
they had been chosen on the election day, and being engaged ; 
and to execute the place of Constable untill at the next election 
others be chosen and engaged in their roome. 



1681.] AND PROVIDENCE PLANTATIONS. 103 

Voted, That the Generall Assembly to sit in October next, 
shall be convened and held at the towne of Providence. 

Voted, Ordered, That the acts of this Assembly, held the 
3d of jMay, shall foi-thwith be sent forth to the severall townes 
in this Collony, by the Kocorder, under the seale. 

Voted, Bee it enacted by this Assembly, that this Court is 
adjourned untill the 17th of August next ensueing, and then 
to meet in Newport, or sooner, if the Governor or Deputy Gov- 
ernor upon emergent occasion doe Avarno them ; but otherwise 
then to dissolve. 



Proceedings of the Generall Assemhli/ held for the Colhwj of 
RJiode Island and Providence Plantations at Providence, ilie 
2m dwj of October, 1681. 

The Governor chosen INIoderator. 

The Recorder, John Sanford chosen Gierke. 

The Charter openly read. 

Voted, Jklr. Joseph Jencks and Capf n John Greene, Assist- 
ants, are desired and authorized by this Assembly with all ex- 
pedition, to goe to Kings Towne and require and receive the 
engagements of the Wardens and officers lately chosen in said 
towne, to their severall offices. And to that end, are hereby 
empowered, if they see cause, to give forth wan-ant to whomo 
they shall appoint a Constable, to require the severall elected 
officers to appeare before them. 

Voted, That if any person be chosen to the office of Towne 
Treasurer, in any towne of this Collony, and doe refuse or neg- 
lect to serve in that office, he shall forfeitt to that towne's use, 
the sum of forty shillings, in or as money ; which if he refuse 
or neglect forthwith to pay, then the said sum to be taken out 
of his estate by a warrant of distraint under the hand of one 
Assistant or more. 



104 RECORDS OF THE COLONS' OF RHODE ISLAND, [1681. 

And further ordered, That if any Towno Treasurer at the 
suit of any person shall be cast for debt due from that towne, 
noe execution shall seize the said Treasurer's estate unless he 
have effects of that towne in his hands ; and the said Treasu- 
rer shall be kept indemnified by the towne. 

Voted, That a deed under the hand of Namawish, bearing 
date the 26th of June, 1660, concerneing a purchase of land at 
Poto^Yomet, made to Capt'n Houldon, &c., and was surrendered 
lip by said Capt'n Ilouldon unto Mr. Benedict Arnoltl, Assist- 
ant, for the use of the Collony, as on said deed is attested by 
Capt'n John Greene, Assistant ; and the said deed being now 
demanded by Capt'n Houldon, or the money disbursed therein, 
this Assembly doe see cause to order, that the said deed doe 
remaine in the Governor's hands untill the matter shall bee 
further cleered. 

Voted, Upon the petition of Edward Lay, of the towne of 
Portsmouth, for the remitting of a fine of forty shillings laid on 
him by the Court of Tryalls, held in September, 1680, and he 
pleading age and debillity, this Assembly on the searious con- 
sideration of the matter, doe remitt his said fine. 

Voted, Whereas it appeares to this Assembly, that there 
hath been a misunderstanding in the choice of Towne Councill- 
men this present year, in the towne of Providence, which ob- 
structs the meeting and acting of the said Councill, this Assem- 
bly on the searious consideration thereof, doe order and give 
power to one or more of the Assistants in said towne to call a 
towne meeting with all convenient expedition ; and doe alsoe 
empower and require the said towne, at their said meeting, to 
proceed and make choyce of six persons well quallified, to bee 
added to the Assistants of the said towne, to be the Towne 
Councill, whoe being soe elected, shall give their engagement 
to the time performance of that office, before one or more of the 
Assistants, in saitl towne ; and that then they or the major part 
of the said Councill (beinge by warrant under the hand of one 
or more of the Assistants, to the Towne Sergeant warned and 
mett), may act as Towne Councill of said towne untill the next 
day of election of towne officers. And that for the futui"e, tlie 



1681.] AND PROVIDENCE PLANTATIONS. 105 

said towne of Providence, on their anniiall day of electing towns 
officers, shall choose six men well quallified, to be added to the 
Assistants in said towne, whoe shall make up a full Councill for 
the said towne. 

Voted, In answer to the petition of Joanna Reape, the wife 
of Samuell Reape, of Pawtuxet. 

This Assembly takeing into searious consideration the de- 
plorable estate of said Joanna Reape being left desolate by her 
said husband, Samuell Reape, and being very sensible of the 
truth of what is declared against him, in her petition, doe or- 
der, that all and every part of the estate of Samuell Reape, as 
well lands as goods, or chattells in this Collony, be sequestered 
for the use and behoofs of the said Joanna Reape, dureing her 
naturall life. And for that end and purpose, doe depute and 
authorize her son-in-laAV, ^Ir. Daniell Williams, and her son 
John Roades feofees in trust, to take possession thereof in her 
behalfe, and receive the rents for her use and behoofe : and the 
tenant makeing payment to the said feofees, shall be saved in- 
demnified from Samuell Reape or his assignes. 

Voted, Whereas it is complained that damage hath been 
done in the towne of Providence, by persons rideing a gallup ; 
it is ordered, that if any person or persons for the future shall 
presume to ride a gallup on horse, gelding or mare, in the street 
lying against the great river in the towne of Providence, in 
any part thereof, between the land of Pardon Tillinghast, and 
the northerly corner of John Whipple, Sen'r, where his dwelling 
house stands, shall forfeitt for every such offence the sum of 
five shillings, in or as money, to be forthwith paid by the party 
or partys soe rideing (the one one halfe to be for the said 
townes's use, the other halfe to the informer), and in case of 
non-payment, the said sum shall be taken by distraint (by a 
waiTant under the hand of one Assistant or more, directed to 
the Towne Sergeant) out of the estate of the party soe offend- 
ing ; except the party soe offending shall render a sufficient 
reason unto one Assistant or more, that his occasion was soe 
urgent that occasioned his or their soe galluping. 

Voted, That the Generall Assembly appointed by our Char- 



106 RECOKDS OF THE COLONY OF RHODE ISLAND, [1682 

ter to be held in October, 1682, shall be held at the towne 
of Warwick. 

Voted, The towne of Providence is for the future to have 
and hold their traininge days on the same days as by the law 
are appointed and ordered to the towne of Newport. 

Voted, Ordered, that the Recorder doe within twelve days 
of the dissolution of this Assembly send forth copys of this As- 
sembly's acts for the severall townes of this Collony, under the 
scale of the Collony ; and shall from each towne have tlie sum 
of twelve shillings in or as money for the cop3^s of this Assem- 
blys acts, and the acts of the Assembly in May last. 

Voted, This Assembly dissolved October 27th. 



Proceedings of the Gcnerall Assemhlij held for the Collony of 
Rhode Island and Providence Plantations at Newport, the 2d 
of Mai/, 1682. 

!Major Peleg Sanford, Governor. 

Mr. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

INIr. John Easton, Major John Albro, 

jMr. Caleb Carr, Mr. George Lawton, 

Mr. William Coddington, Capt'n John Greene, 

Capt'n Arthur Fenner, Capt'n Samuel Gorton. 
I^Ir. Joseph Jenckes, 

DEPUTIES. 

For 'NeiDjport. Mr. Edward Thurston, Sen'r, 

Lieut. John Bliss, Mr. John Holme. 

]\Ir. Edward Greenman, . For Providejice. 

JMr. John Woodman, Mr. Thomas Harris, Jun'r, 

Capt'n Roger Goulding, Mr. Edward Smith. 



1GS2.] AND PROVIDENCE PLANTATIONS. 107 

DEPUTIES. 

jNIr. Thomas Arnold, Mr. John Badcocke. 
My. John Whipple, Jun'r. For New Shorcham. 

For Portsmouth. j\Ir. James Rathhone. 
jNIr. William Codman, For Kings Toivnc. 

]Mr. Latham Clarke, 

Ish. Henry Brightman, For East Grccmuich. 

Ih. William Wodell. Mr. John Heath, 

For Warwick. John Sanford. 
jMr. Benjamin Smith, For James Townc. 

j\Ir. Abiah Carpenter, ~ Mr. Ebenezer Slocum, 

]Mr. Samiiell Stafford, Mr. Oliver Arnold. 
Mr. John Low. 

For Westerly. 
jNIr. Jeffrey Champlin, 

The Governor chosen Moderator. 

The Recorder chosen Clerke. 

Voted, Mr. John Pococke, and Jireh Bull, being freemen of 
the towne of Newport, are admitted freemen of this Collony. 

Voted, John Thornton, Jun'r, John Pra}--, and Joseph Wood- 
ard, freemen of the towne of Providence, are admitted freemen 
of this Collony. 

Voted, Abiell Tripp, being a freeman of the towne of Ports- 
mouth, is admitted a freeman of this Collony. 

Voted, Thomas Nicolls, Jun'r, and John Kniglit, being free- 
men of East Greenwich, are admitted freemen of this Cullony. 

This Assembly is dissolved. 

At the Generall AssemUy and Election held for the Collony at 
Newjjort, the 3d of May, 1682. 

The Assembly consisted of the above written Governor, 
Deputy Governor, Assistants and Deputys. 
The Governor chosen Moderator. 
The Recorder chosen Clerke. 
The Charter openly read. 



108 RECORDS OF THE COLONY OF RHODE ISLAND, [1682. [ 

Voted, The Recorder is appointed to write the names of all '• 

those that bring in their votes. i 

Voted, JNIr. Edward Thurston and Mr. William Wodell are '[ 

appointed to open the proxies, and as the Election proceeds, 1 
putt the votes into the hatt. 

Voted, Mv. John Woodman, and Mr. William Cadman are 

appointed to receive the votes from the hand of each person [ 

that bring in their votes, that noe deceipt may be, and as the ' 

Election proceeds, putt the votes into the hatt. ! 

Voted, That for the conveniency of the Election, the Assem- ; 
bly sitt in the lower roome. 

By the Election was chosen the following, who were sever- 
ally engaged. 

GOVERNOR. Capt'n Samuel Gorton. 
Major Peleg Sanford, recorder. 

DEPUTY GOVERNOR. Johu Sanford. 
My. Walter Clarke. general sergeant. 

ASSiSTA_NTS. Mr. Edmuud Calverly. 
I\Ir. John Easton, general treasurer. 

Mr. Caleb Carr, Mr. Weston Clarke. 
Mr. William Coddington, general attorney. 

Capt'n Arthur Fenner, Mr. John Pococke. 
Mr. Joseph Jencks, solicitor. 

Mr. Richard Arnold, Richard Barnes. 
]\Ir. William Cadman, major. 

Mr. George Lawton, John Albro, Sen'r. 
Capt'n John Greene, 

Voted, The reciprocall engagment to the Governor to be as 
follows : 

I doe, in the name and behalfe of the Collony, re-engage to 
stand by you and support you by all due assistance and en- 
couragement, in your performance and execution of your afore- 
said office, according to your engagement, and alsoe to stand 
oy you and assist you in your performance of the act of trade 



1682.] AND PROVIDENCE TLANTATIONS. 109 

and navigation, according to the oath imposed by his Majesty 
in the said act. 

Voted, The Recorder to keep the King's Pattent, concerne- 
ing trade and navigation, till called for by this Assembly. 

Voted, Whereas, there hath of late been divers differences be- 
tweene severall men, inhabitants of the towne of Warwick, and 
severall men, inhabitants of Kings Towne, about or concerneinrj; a 
ti-act or neck of land, called Potowomett, in the Narragansett 
country, in this Collony, the which difference if not timely and 
speedily prevented, is likely to occasion and bring great dis- 
quiett and trouble upon this Collony, besides the perrills and 
hazzards of mischiefs that many of the inhabitants of this Col- 
lony may and will bee dayly in, &c. 

This Court haveing taken the matter into their searious con- 
sideration (allthough they doe declare that they will not med- 
dle with the title or propriety of the lands in diiference), yett 
finding themselves bound to keep, preserve, and maintain 
the peace and quiett of this Collony, and in obedience of his 
Majesty's commands, in his letter of the 12th February, 1678 
-9, doe hereby declare, and it is by this Court and the autho- 
rity thereof hereby declared and enacted, that not one or any 
of the men inhabitants of the towne of Warwick or one or any 
of the men, inhabitants of Kings Towne, nor any other men or 
persons whatsoever, shall enter upon or impropriate unto them- 
selves or for any other person or persons whatsoever, by build- 
ing or fenceing, in planting, or any otherwise to make improve- 
ment of any of the lands of said Potowomett, now in difl'erence, 
untill his ^lajesty's pleasure be further knowne, or untill fur- 
ther order from the authority. 

And further it is enacted, that the persons that have already 
intruded thereon, viz. : James Ilasleton, Henry Reynolds, or any 
other person or persons, are forthwith to depart and remove oiT, 
the said land of Potowomett, or otherwise appeare before the Gov- 
ernor, and Assistants on Rhode Island, to answer for their intru- 
sion, or continuance thereon. 

And further it is hereby declared, that it is the true intent 
and meaning of this act, in noe wayes to hinder or mollest the 



110 RECORDS OF THE COLONY OF RHODE ISLAND, [1G82. 

men inhabitants of the towne of Warwick from the mowinc; 
and improvement of the meadows belonging unto the neck of 
land called PotoAYoniett, which sometimes they have used for- 
merly to doe. 

And further, that due obedience may be given and yielded 
unto his Majesty's commands in his letters of the aforesaid 
12th of February, 1678-9, it is hereby ordered, that the act 
(entitled a Prohibition against intruders on lands in the Nar- 
ragansett) made in the Generall Assembly the 30th of Aprill, 
1678, be againo published at the severall townes in the Narra- 
gansett. 

Voted, At a meeting held by the Governor, Deputy Gov- 
ernor and Assistants, the Generall Councill of his Majesty's 
Collony of Rhode Island and Providence Plantations, at New- 
port, the 28th of March, 1681. 

In obedience to his Majesty's commands in his letters to 
us, dated at his Court, at Whitehall, the 12th day of November, 
in the one-and-thirtieth yeare of his now ^lajesty's reigne. 

Be it ordained and declared, and it is hereby ordained and de- 
clared by the Governor and Councill of this his Majesty's Col- 
lony of Rhode Island and Providence Plantations, in New- 
England, &c., that there shall in the towne of Newport (and 
elsewhere the Governor of this Collony shall judge meet) a 
public office be kept, and knowne by the name of a navall of- 
fice, into which said office, all masters or commanders of ships 
and other deck vessells, are required upon their arrivall into 
any harbour or port within this jurisdiction, to make their ap- 
pearance and make entry of their respective ships and vessells, 
and their loading, and give in bond according as they are re- 
quired by the acts of Parliament, entitled, " The act for encou- 
rageing and increaseing of shipping and navigation, made in the 
fifteenth yeare of his now Majesty's reigne, and the act for bet- 
ter regulating the plantation trade, made in the twenty-second 
and twenty-third yeare of his now Majesty's reigne. 

Bee it ordained and declared by the authority aforesaid, that 
CA'cry sliipp, or other vessell, being of the burthen of forty 
tons or upwards, the master or conunander thereof, shall pay 



1682.] AND PROVIDENCE PLANTATIONS, 111 

for their entry and discharge of their said vessell the sum of 
five shillings, and twelve pence for each bond. And that all 
other vessells of lesser burthen than forty tons, the master 
thereof shall pay for their entry and discharge of their said 
vessell, the sum of two shillings, six pence. 

Ordered, That these presents be forthwith published by 
beate of drum, in the towne of Newport, on the first of Aprill^ 
1681. God save the King. 

By JOHN SANFORD, 
Secretary to the CouucilL 

Voted, That the act of the Governor and Councill afore- 
mentioned, is by this Assembly approved of, and is now made 
an act of this Assembly. 

Voted, Upon the petition and acknowledgment of Nathaniel 
Osband, unto this Assembly, for the remitting of a sentence of 
the Court of Tryalls, held at NcAvport in March last, this As- 
sembly doe see cause to remitt that fine of three pounds, six 
shillings, eight pence ; the other part of the said Court of Try- 
alls' sentence to continue in force. 

Voted, Ordered, that it is every Towne Gierke's duty that 
at every towne meeting, or Towne Councill meeting, all the 
Assembly's acts bee at the meetings for any freeman of the 
towne to view or take notice of them ; and that any magistrate 
in the towne, when he seeth cause, may have all or any of the 
eoppys of the Generall Assembly's acts for him to view, when 
and where hee seeth cause, giveing the To^vne Gierke, a write- 
ing that hee hath soe received of him, and to returne them to 
him before the next towne meeting. 

Voted, That the Charter from liis Majesty concerning trade 
and navigation, tliat was presented in this Assembly, by Mr. 
Francis Brinley, and committed to the Recorder's keeping, 
shall by the Recorder be delivered unto the Governor, to be 
kept with the Charter of this Collony. 

Voted, That the Gierke of this Assembly shall send forth 
eoppys of the acts of this Assembly for- the scverall respective 



112 RECORDS OF THE COLONY OF RHODE ISLAND, [1682. 

townes of this Collony, under the scale of the Collony, on or 
before the hist day of this instant month, May. 

Voted, This Assembly is adjourned untill Wednesday, the 
28th day of June, now next ensueing ; and then to assem- 
ble at Portsmouth, at the house of William Maize : only if 
there doe appeare to the Governor, or in his absence, the Dep- 
uty Governor, neccessar}'- occasion, then by warrant from 
either, the Assembly to convene sooner. 

June 2Wi, 1682. 

At the re-meeting of the Generall Assembly, according to 
the aforesaid adjournment, the 28th of June, 1682. 

Voted, John Sanford, who was chosen Gierke of the Assem- 
bly, beinge by lameness disenabled of giving his attendance, 
was in his place elected Deputy Gierke, Mr. John Whipple, 
Jun'r, untill the Gierke give his attendance, or further order 
taken therein. 

John Whipple refuseing, Sergeant John Woodman chosen 
Deputy Gierke. 

Voted, This Court haveing taken into their serious consid- 
eration, the assessment laid upon the inhalutants of Kings 
Towne, in the yeare 1678, with their then present condition, doe 
hereby enact and declare, that the one moiety or halfe of the 
said rate, is freely remitted; the whole rate being sixteene 
pounds. 

Voted, Whereas, this Gourt haveing been informed that the 
Gollony of New Plymouth, or some one of their Assistants, 
doth claime jurisdiction of Hog Island, by declareing in a war- 
rant under the hand of James Browne, Assistant, the same to 
bee in New Plymouth Collony, this Assembly doth thereupon 
desire the Governor to write unto the authority of New Ply- 
mouth about the same, and to acquaint them of our just Pat- 
tent right thereunto ; as allsoe the settlement of his Majesty's 
Commissioners of the same ; and that the Governor lett the 
Commissioners' acts be coppyed out, attested and sent unto 
them ; and allsoe to lye in the records of Portsmouth, under 
the seale of the Collony. 



1G82.] AND PROVIDENCE PLANTATIONS. 113 

Voted, Whereas by the act of the Generall Assembly, held 
7th May, 1G79, power was given unto the Governor. Deput}'' 
Governor, or any three Assistants, upon the neglect or refnseall 
of any towne or townes within this Collony to make a rate up- 
on the inhabitants of the said towne, returne the same to the 
Generall Treasurer within the time in said act limitted, to or- 
der and appoint any five men of said towne to make an equall 
rate on the said inhabitants, this Generall Assembly doe here- 
by ratifie and confirme the said act of the 7th ^lay, 1G79, and 
every clause therein mentioned ; hereby declareing and enact- 
ing, and it is hereby declared and enacted by this Court and 
the authority thereof, that if the five men or major part of 
them, appointed and required by the Governor, Deputy Gov- 
ernor, or any three Assistants, doe neglect or refuse t(j make a 
rate on the inhabitants of their respective towne, according to 
the Generall Assembly's assessments and penalty for neg- 
lect, and the same returne under their hands, or the hands of 
the major part of them, unto the Generall Treasurer of the Col- 
lony, for the time being, within twenty days next after the de- 
livery of any such warrant from the Governor, Deputy Govern- 
or, or any three Assistants, by the Generall Sergeant or his 
Deputy, unto any one of the five men therein mentioned, and 
notice given by the Generall Sergeant or his Deputy, unto the 
other four or major part of them, or warning lelt at their dwel- 
ling houses, that such a w^arrant in which they are required to 
make the rate, is left with and delivered into the custody of 
the other person in said warrant mentioned ; that then the 
Governor, two Assistants, or Deputy Governor and twi> iVssist- 
ants, are hereby empowered to grant forth w.irrant of distraint, 
directed to the Generall Sergeant or his Deputy, to distraine 
upon the goods or chattells of the five persons or major part of 
thenr in the w^arrant mentioned, the full and just sum of w!i;it 
the Generall Assembly and Assemblys have or shall a.ssess on 
the respective towne, with the tenn pound for the towno's neg- 
lect, with their fees due by law, and what shall be distrained, 
to be proceeded with and returned, as is mentioned in the 
afore-recited act of the 7th of May, 1679. 

VOL. III. 8 



114 RECORDS OF THE COLONY OF KIIODE ISLAND, [1G82. 

And it is hereby enacted by this Court and the authority 
tlicrcof, that tlie aforesaid five men, or major part of them, from 
Avhom the assessments and forfeitures of the towne shall be 
distrained, have full power and authority granted them, to 
commence and sue an action of debt against the respective in- 
liabitants of the towne for their respective proportions for 
whome their estates were distrained. 

Voted, This Court haveing taken into their searious consid- 
eration the returne of Mr. Joseph Jencks, and Capt'n John 
Greene, appointed by the Generall Assembly held at Provi- 
dence, in October, 1681, to repaire into Kings Towne, in the 
Narragansett country, and to require and give the engagement 
unto the elected Warden and Deputy Warden, and other towne 
officers, for the preservation of the King's peace and quiett of 
his subjects. And they haveing in due observation of said act, 
repaired unto Kings Towne, and required of the persons elect- 
ed, to f>-ive their engagements unto their respective ofiices ac- 
cordino-ly, which was by said elected persons evaded, soe that 
noe one person would receive their engagement, the evill con- 
sequence whereof, if not timely prevented, is like to bee preju- 
diciall unto this Collony : 

It is therefore by this Court and authority thereof hereby 
euiicted, that there shall be chosen in the said Kings Towne, 
two Conservators of the Peace ; and the persons by this As- 
sembly and the authority thereof, chosen and elected Conserva- 
tors of the Peace for Kingstown, are Mr. John Cole, and Capt'n 
John Poanes ; whoe are hereby fully empowered and author- 
ized to take care for the preservation of the peace and quiet 
of said Plantation, and to act and doe all other matters and 
things belonging unto the place and duty of Conservators of 
the Peace, within their precincts. 

And it is further hereby enacted, that the Governoi' and 
Deputy Governor, or Deputy Governor and two Assistants, or 
any three Assistants, shall Avithin some conveanient time after 
tlio 10th day of July next cnsuejng, by warrant, and under 
their hands, directed unto the Generall Sergeant, or his Deputy, 
conveane the inhabitants of [Kings Towne] together at some 



1682.] AND PROVIDENCE PLANTATIONS. 115 | 

convoanicnt place in said towneship, and there cause to be f 

read the severall acts of the Gencrall Assembly for the raise- • 

ing of money for the payment of the Collony's debts. [ 

The persons desired and deputed to goe unto Kings Towne \ 

to cause the performance hereof, and to require and give the [ 

enffaaement unto the afore-mentioned and elected Conservators 
of the Peace, are the Honored Deputy Governor, Caleb Carr, i 

William Coddington, Capt'n Arthur Tenner, and William Cad- ! 

man. Assistant, or major part of them, with the Recorder, and , 

Generall Sergeant, or his Deputy. : 

It is allsoe further ordered, That at the said meeting, the i 

townesmen doe elect all their officers respectively, and that the . 

said Conservators, and all other officers, be continued in their 
respective places, untill further order from this Court, or untill 
by the said inhabitants, new be chosen and engaged according 
to tlieu- Charter; and in case the said inhabitants doc refuse 
to elect the other officers as aforesaid, then the Deputy Gov- 
ernor and Assistants as aforesaid, are hereby empowered to 
elect all of them, and they to continue in like manner as the 
Conservators. 

Voted, That upon the petition of Eliezer Whipple, the Gen- 
erall Assembly doe allow unto the said Whipple the sum of 
tcnn pounds in or as money, to be paid unto him or his order, 
out of the Generall Treasury. 

Voted, Whereas there is an address made by part of the : 

Councill of the towne of Providence, against Capt'n Arthur 
Fenner and Air. Joseph Jencks, for something disagreeing from 
the rest of the Councill of said Providence, this Assembly 
haveing vioAved the matter, doe find that the said representa- 
tion to this Assembly is not directed according to a former law 
of this Collony, and therefore doe see cause to returne the said 
presentation to the presenters, Mr. John Whipple, Jun'r, and 
Air. Edward Smith, &c., for their further consideration, to 
amend the same, if they see cause. 

Voted, Upon the petition of Mrs. Elizabeth Cunigrave, al- 
Icdging poverty, and that if she had hier right, she hath a com- 



116 RECORDS OF THE COLONY OF RHODE ISLAND, [1682. 

petont estate to live on, yett is not of abillity to recover her 
ownc, therefore desires liberty of this ..Assembly, tliat she may 
sue for and recover her owne, under forma pauparis. 

This Assembly doe referr the consideration and inspection 
of that matter to the Towne Councill of the towne of Newport, 
to act therein as may to them appeare necessary, according to 
law, to sue under forma pauparis, or not to sue. 

Voted, Upon the returne of the address and presentation 
afore-mentioned, against Capt'n Fenner and Mr. Jcncks, the 
afore-named ^Ir. John AVhipple, and Mr. Smith, haveing amend- 
ed the direction which afore was wanting, the said representa- 
tion is again received into the Assembly. 

Voted, Ordered, that the Recorder doe draw forth copys of 
this Assembly's acts at this adjournment, under the scale of the 
Collony, for each the respective townes in this Collony, and the 
same to be done by the 10th day of July next ; and shall have 
from each towne for copys of these and the acts of the Assem- 
bly in May last, the sum of twelve shillings, in or as money. 

June 30///. 
Voted, This Assembly is dissolved. 



Proceedings of the Gencrall Assemhlt/ held for the CoUonij of 
Bhode Island and Providence Plantations at WartvicJc, the 
26th day of October, 1682. 

The Governor chosen Moderator. 

The Recorder, John Sanford, chosen Gierke. 

The Gharter openly read. 

Voted, Whereas it hath been motioned in this Assembly 
by some of the Deputys of the towne of Providence, that they 
would please to give their result how far the power of a Towne 



1682.] AND PROVIDENCE PLANTATIONS. 117 

Coimcill (loth or may extend to the rejection of any person or 
persons, that may come into any towne or phice in this 
Collony. 

In answer thereunto, wee doe declare, that it is in the power 
of any Towne CounciU as aforesaid, to reject any person, al- 
thougli a free dennison, unless sufficient bond be tendered and 
given by the party being called before them, according as the 
major part of the Councill shall judge meet ; but in case the 
major part of the Councill see cause to warne any such person 
or persons to depart the towne by such a time as they shall 
prefix, and he, she or they neglect or refuse soe to depart, 
then the Governor, Deputy Governor, or any Assistant, War- 
den, or Conservator, living in or neer said towne or place, upon 
rccjuest, shall grant forth their warrant to the Constable to re- 
move him or them out of the towne or place. But if notwith- 
standing this, he, she or they shall presume to returne 
agaiue without leave as aforesaid, they shall pay a fine at the 
discretion of the major part of the Councill, not exceeding five 
pounds ; or in default thereof, suffer punishment, not exceeding 
twenty stripes for his or their contempt ; and as often as they 
doe returne after warning, this to be executed without wager 
of law, and to be executed by a warrant from any of the Jus- 
tices, Wardens, or Conservators aforesaid, according to the 
times appointed in the warrant ; any law^ to the contrary here- 
of, notwithstanding. 

Voted, That the petition by severall of the Councill of Provi- 
dence, by the last Assembly referred to this, is taken off the 
fyle. 

Voted, Upon the petition of severall persons of the townes of 
Providence and Warwick, and places upon the maine land adja- 
cent, for liberty to set up a troop of horse, this Assembly taking 
the matter into their searious consideration, doe gi'ant their re- 
quest to the number of thirty-six, besides officers, chosen out of 
the severall Traine Bands, by the Magistrates of said townes, 
and Captaines of the said Traine Bands ; and after such num- 
ber is chose out, each shall fitt themselves, with horses and all 
tilings suitable for that exercise ; which being done, shall be 



lis RECORDS OF THE COLONY OF RHODE ISLAND, [1682. 

freed from being culled to exercise in the s;dd foot coni- 
pan3's. 

Further it is ordered, That when the said Company are fit- 
ted with horses and amies suitable for that exercise, they shall 
not embcssle them away, but keep them always in a readiness, 
when they shall be called upon for exercise. And further, 
shall have liberty annually to choose their owne officers. 

And further it is ordered, That the commissioned officers of 
said troop, shall have power to appoint their days and places of 
exercise from time to time ; and shall be exercised and disci- 
plined six days in the yeare, and shall have the like commis- 
sions as are given to the Infontry. And in case of default, be 
under and lyable to double the penaltys and fines by the law 
of this Collony imposed on the foot Companys in such case. 

Voted, And it is further ordered. That there be two Majors 
chosen in this Collony annually ; one Major for the Islands, 
and one ^lajor for the maine land. The Major for the Islands 
to be chosen by the freemen and Tr.aine Bands of the Islands, 
and the jMajor for the maine to be chosen by tlie freemen and 
Traine Bands on the maine ; and their voates to be sent in at 
the generall election of officers in May, annually, by the Clerke 
of the respective Bands, that they may be recorded ; any thing 
to tlie contrary hereof, in any wise, notwithstanding. 

I'pon a case between Mr. John Pococke and j\Ir. Edmund 
Caherly, Generall Sergeant, referred by the last Generall 
Court of Tryalls unto this Assembly, the Assembly on a seari- 
ous debate and consideration of that matter, inquired of both 
the said Pococke and Calverly whether the}' were free to leave 
the said case to this Assembly. They both readily answered 
they did freely and fully leave that whole case to the judg- 
ment and determination of this Assembly. 

Voted, This Assembly haveing heard and seariously consid- 
ered the case presented between Mr. John Pococke and Mr. 
Edmund Calverly, Generall Sergeant, doe judge and determine 
that the said Generall Sergeant hath not performed his office 
in the said case ; yett doe judge that it was not through wil- 
fullness, but through ignorance. 



1682.] AXD PROVIDENCE PLANTATION'S. 119 

Voted, Upon a petition of Eilmund Calverly, Generall Ser- 
geant, for his charges and attendance as keeper, on the priva- 
teers, hxte prisoners, sent away for Virginia ; this Assembly, on 
the debate of the matter, doc judge that for his negligence in 
leaving the prison doore open, whereby some of the prisoners 
made an escape, he ought to forfeitt the said demand. Yett 
the Assembly considering his poverty, in favour to him, doe 
allow him but the sum of live pounds of his bill, to )je paid by 
the Generall Treasurer, 

^^oted, Forasmuch as there hath of late appeared a deficien- 
cy in the Court of Tryalls, for want of a due course of law be- 
ing proAided, in case the Governor or Deputy Governor, or 
both be taken off the bench by lawfull exceptions, whereby the 
Court is wholly disenabled to proceed in such case or cases. 

Therefore bee it enacted by this Assembl}^, That in any 
such case, the first Assistant in choyce there present, with 
three Assistants more, or as many more as are present, shall 
be a full Court of Tryalk, to trye, determine and issue any 
.such case effectually. 

Voted, As an addition to the former law concerning the 
navall office, it is enacted, that it shall bee in the power of 
that person, that the Governor shall in any towne appoint to 
keep a navall office, to administer the oath according to law, to 
any Commander or blaster of any ship or other vessell by law 
lyaljle. 

Voted, It is ordered, that it shall be in the power of the 
Governor, or Deputy Governor, and any one Assistant, or more, 
to auditt the accounts of any persons claiming debts conceriie- 
ing the privateers late in prison ; and order their payment by 
the Generall Treasurer. And allsoe the Generall Treasurer is 
empowered, if occasion be, to defray the debts, to niiike sale of 
the gunns and other amies, and amunition seized, Ijelonging to 
the said privateers. 

Voted, Upon the petition of John Wilkinson of the towne 
of Providence, who was wounded in the late warr with the In- 
dians, this Assembly doe allow him the* sum of tenn pounds in 
or as money, to be paid out of the Generall Treasury. 



120 



[168; 



A^oted. Whereas our Honored Governor liatli boon pleased 
to relate to this Assembly hoAv it hath pleased God to preserve 
his life from the privateers, viz. : John Smith, and his associ- 
jitcs, by the information of John Booth, negroc, one of their 
company, whoe declared their intention to kill the Governor 
before their being sent away ; and the said John Booth, ne- 
groe, earnestly petitioninge the Governor, that he might not be 
sent with them, because he knew they would kill him for re- 
vealing the said plott, the Governor, haveing at present soe farr 
granted his request, and haveing desired the advice and appro- 
bation of this Assembly further therein, this Asembly declares 
that they doe approve of the Governor's act therein ; and doe 
further grant, that if the said negroe can procure any sufficient 
security to the valine of tenn pounds, for his appearance at the 
Court of Tryalls, in March next, if required thereunto, that 
then his irons bee taken off, and soe farr sett at liberty. 

Voted, That the Recorder shall have the sum of six shillings, 
eight pence in or as money, from each towne in the Collony, 
for copys of this Assembly's acts, under the scale ; and shall 
have the sum of tenn shillings in or as money, for his 
attendance at this Assembly, to bee paid by the Generall 
Treasurer. 

Voted, Tills Assembly is dissolved. 



Procccdinrjs of iJic GcncraU AssernUi/ held for the Collomj of 
Rhode Island and Providence Plantations at Newjjort, the 
2d of J%, 1683. 

iNlajor Peleg Sanford, Governor. 

Mr. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

:\Ir. John Easton, j\lr. Caleb Carr. 



1683.] 



AXD PROVIDENCE PLANTATIONS. 



121 



ASSISTANTS. 



}^h: AVilliam Coddington, 
Capt'n Arthur Fenner, 
jNIr. Josepli Jenckes, 
Mr. Richard Arnold, 



For Nciopori. 
]Mr. James Barker, Sen'r, 
i\Ir. John Coggeshall, 
JNIr. Thomas Ward, 
]Mr. Edward Thurston, Sen'r. 
\\x. Phillip Smith, 
Mr. Nathan'l Coddington, 

For Providence. 
]\Ir. Thomas Field, 
jNIr. Thomas Arnold, 
jNIr. Thomas Fenner, 
Mr. Alexander Bolcum. 

For Portsmouth. 
Mr. William Wodell, 
jNIajor John Albro, 
JNIr. Latham Clarke, 
jMr. Thomas Cornell, 
jNlr. Thomas Greene, Sen'r 



Mr. 


William Cadman, 


Mr. 


George Lawton, 


Capt'n John Greene, 


Capt'n Samuel Gorton. 


DEPUTIES. 






For Warwick. 


, ]\Ir. Israeli Arnold, 


Mr. 


John Potter, 


]Mr. 


John Warner. 


en'r. 


For Wester!//. 


Ih. 


Tobias Saunders, 


I. Mr, 


. Robert Burdick. 




For Nciu Shoreham. 


John Rathbone. 




For Kings Toivne. 



For East Greemvich. 
John Sanford, 
Mr. Clemence Weaver. 
For James Toivne. 
Mr. Ebenezer Slocum. 
jNIr. Ephraim Moss. 



At the Generall Assemble/ and Flection held for the Collomj at 
Newport, the Id of May, 1683. 

The Deputy Governor chosen jNIoderator. 

John Sanford, Recorder, chosen Gierke. 

Voted, The Recorder is appointed to take the names of 
those that bring in their votes for Governor. 

Voted, ^Ir. Nathaniell Coddington, and Mr. Latham Clarke, 
are appointed to receive the votes from each man, and take 
care noe deceipt be, and put the votes into the hat as the 
Election proceeds. 

Voted, That Mr. John Coggeshall and Mr. William Wodell, 



122 



RECOKDS OF THE COLONY OF RHODE ISLAND, 



[1G83. 



are appointed to open the proxies, and as the Election i)ro- 
ceeds, putt in the votes into the hatt. 

Voted, That for the conveniency of the Election, the Assem- 
bly sitt in the lower roome. 

By tlie Election was chosen the following, who were sever- 
ally engaged. 



GOVERNOR. 

Mr. William Coddington, 

DEPUTY GOVERNOR. 

Uv. Walter Clarke. 

ASSISTANTS. 

^Ir. John Easton, 
Mr. Caleb Carr, 
j\Ir. John Coggeshall, 
Capt'n Arthur Fenner, 
jNIr. Joseph Jencks, 
;Mr. Richard Arnold, 
jNIajor John Albro, 
]\lr. George Lawton, 
Capt'n John Greene. 



Mr. Benjamin Barton. 

RECORDER. 

John Sanford. 

GENERAL SERGEANT. 

Mr. Edmund Calverl}\ 

GENERAL TREASURER. 

Uv, Weston Clarke. 

GENERAL ATTORNEY. 

I\Ir. Weston Clarke. 

MAJOR FOR THE ISLAND. 

Mr. John Coggeshall, Sen'r. 

JIA.JOR FOR THE MAINE. 

Capt'n John Greene. 



Voted, Whereas Capt. Arthur Fenner, Mr. Rich'd Arnold, and 
Capt'n Samuell Gorton, chosen by the free votes of the freemen 
in this Assembly to the office of Assistants, and they not being 
here present to give engagraent : this Assembly doe order, 
that the Recorder in the name of the Assembly doe draw up 
some lines and send to the said gentlemen, wherein to signify 
the election, and require their appearance forthwith before the 
Governor, or Deputy Governor, at Newport, there to give their 
engagement to the said offices they are elected unto. 

Voted, The elected Governor, Major Peleg Sanford, coming 
into this Assembly and being desired and required to give his 
engagement, did owne his allegiance to his Majesty, yett said 
he had sufficient reasons, and would not accept to engage. There- 
fore this Assembly doe determine to proceed to the election of a 
Governor in his roome or stead. 



1683.] AND PROVIDENCE PLANTATIONS. 123 

Ml*. William Coddington chosen Governor and engaged ; and 
alsoe took the oath for Trade and Navigation. 

Voted, AVhereas this Assembly upon the allegations of Mr. 
Wm. Coddington, saAV cause to release him from ser\ing in the 
cmjtloye of an Assistant in this CoUony, forasnmch as they 
could conveniently sup})ly his place in the said oflice, yett not- 
withstanding have seen meet since (upon the refusall ofour 
late Honored Governor, ^lajor Peleg Sanford, to take his 
engagement) to elect him the said Mr. William Coddington, 
Governor, and doe judge it will not bee safe for this Assembly 
upon the same tearms to release him from being Governor, 
notwithstanding his present allegations, and therefore doe ear- 
nestly desire him to take his engagement, wee seeing an abso- 
lute necessity for the same. 

^'otcd. That a Committee be appointed and empowered by 
this Assembly to goe to our late Honored Governor, ^Lijor Pe- 
leg Sanford, and of him demand and receive the Charter and 
other papers, &c., in his custody, that doe belong to this Collo- 
n}', and forthwith returne the same unto this Assembly. 

The persons chosen and empowered, are Mr. Caleb Carr, INIr. 
Joseph Jencks, Major John Albro, and Mr. George Lawton, As- 
sistants, and John Sanford, Recorder ; whoe also are empower- 
ed in the behalfe of this Assembly to give our said late Gov- 
ernor a full discharge for what they receive. 

Voted, To be recorded. 

Voted, The Conunittee aforesaid sent to our late Honored 
Governor, haveing according to the trust by this Assembly 
committed to them, applyed themselves, and having from our late 
Governor received the Charter, &c., as by the reciept under 
their hands appears ; a copy whereof hath been by them 
presented to this Assembly, and is ordered to be recorded. 
And haveing delivered the particulars therein mentioned, they 
are by the Assembly discharged of their said trust ; and the 
Charter and other pertickulars therein nominated, are commit- 
ted to the keeping of our present Honored Governor, William 
Coddington. 

Voted, This Assembly is adjourned untill the last Tuesday 



124 RECOr.DS OF THE COLONY OF RHODE ISLAND, [1G83. 

in June next, which will be the 26th day of said month, then 
to meet againe at Newport, Only if there be urgent occasion, 
present, then by wan-ant from the Governor or Deputy Gov- 
ernor, the Assembly to convene sooner. 

June 2Uh, 1683. 

According to the aforesaid adjournment, the Assembly mett 
and sat. 

Voted, That heareing there is a letter come from his JNIajes- 
ty, the heareing and considering thereof, shall be the first 
worke of the Assembly. 

Voted, That Major John Greene and the Recorder are de- 
sired to draw up a hue and cry, and such other matters they 
shall judge needfull, in prossicution of his Majesty's commands 
to us, in a letter dated 20th of September, 1682, concerneing 
the apprehending one William Kelso ; and present it to this 
Assembly for their approbation. 

Voted, In answer to the petition of Ann Warner, makeing 
complaint against her husband John Warner, for violating the 
marriage covenant, and abusing her by laying violent hands on 
her. 

The Court haveing heard both their allegations, and peruse- 
ing the evidences, although they see not cause at present to 
grant an absolute finall divorce, untill the fact hath been tryed 
at the Court of Tryalls. Yet notw^ithstanding, each party de- 
claring their freedom for separation, this Court see cause to 
make a separation, soe that they shall not live together, but 
apart. Neither shall the said John Warner have any command 
of her, nor come in her company for the future, without further 
order from the Assembly. And this Assembly doe order, that 
such part of the estate as is by the said John Warner past 
over for the maintenance of her, his said wife, and children, is 
hereby ratifyxjd, and this order to be observed from this present 
27th of June. 

Voted, AVhereas Capt'n Samuell Gorton at the Election, was 
by free vote chosen an Assistant, and in this Assembly posi- 
tively refuseing to engage and serve in that oftice, the Assem- 



1GS3.] AXD PROVIDENCE PLANTATIONS. 125 

bly doe agree to proceed to the election of anotlier in his 
roonie and stead. 

]\Ir. Benjamin Barton chosen Assistant, engaged. 

Voted, Whereas, Mr. John Warner was by the towne of 
Warwick chosen to be a Depnty in this Assembly, and being 
fr(Mn time to time called, and not in Court appearing, and there 
havcing been presented to this Assembly such complaints 
against him, that the Assembly doe judge, and are well satis- 
fyed, he is an unfitt person to serve as a Depnty ; and there- 
fore see cause to expel him from acting in this present 
Assembly as a Deputy. 

Voted, That the Recorder doe draw a letter to be signed by 
our Honored Governor, and to be sent to his Majesty by the 
first opportunity ; and alsoe a letter unto Secretary Blath- 
waite, Esq'r, to deliver our letter to his Majesty. 

Voted, That the Generall Assembly to sit in Octol)er next, 
shall be held at the towne of Providence. 

Voted, That the Governor and Councill are desired to take 
speedy course for the settling of government and civill order 
in Kings Towne. 

A^oted, Whereas this Generall Assembly have determined 
that the Generall Assembly be held in October next, should be 
held at Providence, and probably the October Courts annually 
to 1)0 held at the two townes upon the maine, namely, 
Providence and Warwick ; and the Court considering the ne- 
cessity of a cage for the secureing of prisoners, and alsoe the 
like necessity of a pair of stocks in each towne, for the punish- 
ing of offenders, this Court taking the premises into their seri- 
ous consideration, doe hereby enact and appoint that there be 
a cage and a paire of stocks provided in each the towaies afore- 
said, by the last Wednesday in October next; and the same to 
be done at each towne's proper charge. 

Voted, Whereas there is a law in this jurisdiction, that any 
person or persons payinge down to the Governor of this Collo- 
ny five pounds, might have a speciall Court called, be it there- 
fore enacted, and it is the sense of this Assembly, that the said 
five pounds ought to be at the disposition of the major part of 



12G RKCORDS OF THE COLONY OF RHODE ISLAND, [1G83. 

tlio vVssistaiits, sitting at said Court, to dispose of said five 
pounds ibr the benefit of the Court, according to their discre- 
tion ; an}' hiw to the contrary hereof, notwithstanding. 

Voted, Ordered, that Mr. Caleb Carr, Major John Cogges- 
liall, and Mr. James Barker, are appointed an auditt, to take an 
account of the late Governor, JNIajor Peleg Sanford, and Mr. 
Weston Clarke, Treasurer of all and every pertickular, that was 
taken and seized from the privateers, which were sent to Vir- 
ginia, as moneys, plate, cloathing, guns, servant or servants, 
boate and other appurtenances belonging, &c., and present it to 
the next Assembly to sitt at Providence in October next. 

Alsoc to take account of the late Treasurer Sanford, and 
Treasurer Clarke, what was seized in their hands, out of the 
barke White Wood, and make their returne to the said Court. 

Voted, James Greene, Jun'r, Randall Ilowldon, Jun'r, and 
Benjamin Smith, Jun'r, beinge freemen of the towne of War- 
wick, are admitted freemen of this Collony. 

Voted, Nathaniell Winsley, Nathaniell ^Mott, and James 
Mitchell, freemen of the towne of New Shorcham, are admitted 
freemen of this Collony. 

Voted, Tliat the Recorder shall have from each towne, the 
sum of fifteen shillings in or as money for copys of the acts of 
this Assembly, under the scale of the Collony ; and writeing a 
letter to his Majesty, and a letter to Secretary Blathwaite ; 
and for severall other writeings by him done at this As- 
sembly, and the enteringe these acts. 

Voted, This Assembly is dissolved. 



1G83.] AND rROVIDEXCE rLANTATIONS. 127 



Proceedings of the Generall Asscmhli/ held for the Collony of 
Rhode Island and Providence Plantations at Warwick, the 2Qth 
of August, 1G83. 

The Governor chosen Moderator. 

Voted, Forasmuch, as the Recorder through the ilhiess of 
his family, is forced to be absent, John Potter is chosen Gierke 
to this Assembly. 

Voted, Whereas our Honored Governor and Councill, have 
presented to this Assembly a letter sent by the Honored Ed- 
ward Cranfield, Gov'r of New Hampshire, and others with him, 
desireing the publishing of some printed briefs, and the Coun- 
cill haveing seriously perused the said printed briefs, order 
that they should not be publickely sett up in the Collony, for 
three reasons, viz. : 

1. Because the said summons is not granted forth in his 
Majesty's name. 

2. Because they have not shown any commission to this 
government from his Majesty, for their soe acting. 

3. Ikcause his Majesty hath not given any information 
thereof to us, by any of his Uoyall letters. This Court doe 
approve of the Governor and Councill's act therein ; the said 
printed briefs being not only dateles.s, but alsoe placeless. 

Voted, That the Deputy Governor, Capt'n Arthur Fenner, 
Mr. Joseph Jencks, ^Major John Greene, Mr. James Barker, Mr. 
Edward Smith, ^Ir. Caleb Arnold, Mr. Samuell Gorton, are 
chosen a Committee to consider concerneing a letter from the 
Honored Edward Cranfield, Governor of New Hampshire, in 
order to the publication of a printed paper, called a summons, 
subscribed by Wifliam Warton, and to consider what to draw- 
up to the Honored Edw. Cranfield, and the rest, said to be com- 
missionated with him, to assemble at Mr. Bich.ard Smith's, the 
22d instant, haveing shown noe commission from his Majesty 
to this government for their soe acting. 



128 RECORDS OF THE COLONY OF RHODE ISLAND, [1683. 



Lcllcr to the Governor of New Ilampshire. 

To the Honored Edward Cranfield, Esq'r, Licftonant Governor 
and Conunander-in-Chiefe of his Majesty's Province of New 
llanipsliire, ^Villiam Staiighton, Joseph Dndley, Natlianiell 
Saltingstall, Edward Randolph, Samuell Shrinton, John Fits 
Winthrop, Edward Pahner, and John Pinchean, Esq'rs, at 
the honse of ^Ir. Richard Smith, at Narragansett, in tlie Col- 
lony of Rhode Ishind and Providence Phintations, or 
King's Province, or soc many of tliem as are there 
present, these. 
Per Mr. James Greene, Sen'r, and Mr. William Allin. 

Warwick, Augnst the 21st day, 1683. 
Honored Gentlemen : Whereas his Royall Majesty by his 
gracious Letter Pattents, under the broad scale of England, 
hath betrusted and empowered us with the government of his 
subjects here in this his Collony of Rhode Island and Provi- 
dence Plantations, as alsoe by severall of his Royall letters, 
hath confirmed and encouraged us therein ; and this Court un- 
derstanding by some })rinted briefs, together with a letter to 
our Honored Governor, from yourselves, that you intend to 
meet at the house of Mr. Richard Smith, at Narragansett, the 
22d instant : therefore, forasmuch as the government have not 
not seen any commission from his Majesty, for your soe meet- 
ing, wee doe expect at this Generall Assembly now in being, 
that you doe forthwith before you make any further proceeds, 
produce his Majesty's commission to our view, that Avee may 
be informed what his Majesty's will and pleasure is concerne- 
inrr us therein ; and the rjither because we have received noe in- 
timation thereof, by any of his Royall Majesty's letters, as for- 
merly, in such cases. Thus, not doubting of your ready com- 
plyance with soe just a demand, 

Wee take leave and remaine, gentlemen, 

Your friends and neighbours, 

JOHN POTTER, Gierke. 
By order and appointment of the Generall Court. 



IGSo.] AND rROVIDENCi: PLANTATIONS. 120 

A'otcd, Tliat Mr. James Greene, Seu'r, and Mr. Win. Allin, 
are desired iuid appointed as messengers to convey a letter to 
Governor Cranlield, at Mr. Richard Smith's honse, at Narragan- 
sett, and to bring tlieir answer. 

A'uted, This Assend)]y is iidjonrncd untill to-morrow morn- 
ing, then to meet at the house of Gapt'n John Foanes, at Nar- 
ragansett, or King's Province, at eight of the chx'k, in the 
morning, or thereabouts. 

Auifud 2\Ld, 1GS3. 

The Assembl}^ being mett accordinge to adjournment, this 
22d of August, 1G83. 

Wee, James Greene, Sen'r, and William Allin, being messen- 
gers a}>pointcd ])y this iVsscmbly to convey a letter unto Gov- 
ernor Cranfield, and some others with him at the house of j\Ir. 
Richard Smith, at Narragansett, which accordingly wee did, 
and upon tlic delivery of the same unto Governor Cranfield, 
I, the said James Greene told the said Governor Cranfield, that 
the letter Avas sent by the Governor and Assembly of this Col- 
lony. The said Governor Cranfield asked what Governor. I, 
the said James Greene, answered it was sent by the Governor 
of Rhode Island and Providence Plantations, with the Assem- 
l)ly thereto belonging, which is now in being. Then the said 
Governor Cranfield answered againe, that he knew of noe Gov- 
ernor in the King's Province. 

Dated this 22d of August, 1G83, at the house of Capt'n 
John Foanes, at Xarragansett. 

JA^^IES GREENE, Sen'r. 
WILLIAM ALLIN. 

Voted, Forasnuich as wee understand upon the return of our 
messengers, a\Ir. James Greene and Mr. William Allin, that they 
delivered the Court's letter to the Honored Edward Cranfield, 
Lieftenant Governor, and Commander-in-Chief of New Hamp- 
shire, signifying that it was a letter sent from the Governor 
and Court of the Collon}' of Rhode Island and Providence Plan- 

voL. iir. t) 



130 RECORDS OF THE COLON!' OF RHODE ISLAXD, [1083. 

t:iti(tns. wlieronnto tlicy sa}' the Honored Govcvnov CrnuficM 
.T.iswoioil thnt he owned noe such Governoi' liere in the King's; 
Province ; ami noe returne being made to our letter, &c., or 
any commission produced to this Assembly, Ijut understanding 
that they proceed to setting a Court : therefore, this Assembly 
takeing the matter into searious consideration, doe unanimously 
order and agree, that the Honored Governor and Councill, doe 
forthwith send forth a Prohibition, under their liands and scales, 
in his Majesty's name, forbidding them to proceed in keeping- 
Court : and to require all persons to depart peaceably, in pain 
of contempt of the King's authority. 

ProJiihUion. 

To ^Ir. Edmund Calverly, Gcnerall Sergeant, whoe is required 
in his ^lajesty's name forthwith to publish this Prohibition 
at or near ]Mr. Richard Smith's house, in Narragansett. 
AVee. the Governor and Councill of his Majesty's Collony of 
Ehode Island and Providence Plantations, &c., haveing under- 
stood not on]}' liy our messengers, 2\Ir. James Greene and 'Mw 
AVilliam Allin. but alsoe by a letter from under the hand of 
"William AVharton, Pvcgister, said by order of his ^^lajesty's Com- 
missioners, bearing date Narragansett, IG 83 : that the Honored 
Edward Cranfield, Governor and Commander-in-Chief of New 
Hampshire, together with other associates have this day pre- 
sumed to settle a Court at Mr. Smith's house, by vertue of 
some printed l)riefs given forth in their owne name, without 
either date or place mentioned where it was made, not showino- 
this government any connnission from his Majesty for soe doe- 
ing, notwithstanding the Court's demand thereof And wee 
being bound by virtue of his ^Majesty's commission, under 
the In-oad scale, v.^c., to provide for the peace and safety of 
his Majesty's sulijects here, doe in his Majesty's name prohibit 
the said Edward Cranfield and associates, for kee[»ing Court in 
any |)art of tliis jurisdiction. And wee alsoe hereby require 
in his Majesty's name, every person or persons withiii the 



1G83.] AND PROVIDENCE PLANTATIONS. 131 

verge of tliis Collony and King's Province, peaceably to depart 

and not be abbettors to the said pretended Court, in pain of 

contempt of his Majesty's authority. 

Given under our hands and scales at Capt'n John Foanes's 

house, at Narragansett, this 22d of August, 1G83. 

AVILLIAM CODDINGTON, Gov'r, 
WALTER CLArxKE, Dep'y « 
JOHN EASTON, Assistant 
ARTHUR FENNER, " 
JOSEPH JENCKS, " 
RICHARD ARNOLD, " 
JOHN ALBRO, 
GEORGE LAAVTON, " 
JOHN GREENE, 
BENJ. BARTON, 

Ldtcr to the Governor of Xew Hampshire. 

To Edward Cranfield, Esq'r, Lieftenant Governor, and Com- 
mander-in-Chief of his jMajesty's Province of New Hamp- 
shire, with the rest concerned, these. 

Gentlemen : Your lines bearcing date August 23, 1683, 
came to our hands by two of your three messengers, John 
Piucheon, Esq'r, and jNIr. William Wharton, wherein you give 
us to understand that according to your printed briefs, you 
convened the 22d instant, at ^Ir. Richard Smith's house, at 
Narragansett, for persons to have opportunity to exhibit infor- 
mation, and bring in evidence in his ^Majesty's behalfe, and to 
prossicute their owne claimes, and that you had accordingly 
assembled, &c., hopeing that by our dutyfull complyance with 
his Majesty's commands, you might bee enabled to make re- 
port, &c., signif)dng that after two days' attendance here by 
our neglect, and contempt of his Majesty's commission, &c., you 
were necessitated to adjourn to Boston. 

Whereunto wee answer, that wee are heartily sorry that you 
should, through your unneighbourly deportment in this govern- 
ment withhold from us the sight of your commission, soe to 



132 RECORDS OF THE COLONY OF RHODE ISLAND, [1G83. 

contcmne liis ^Majosty's .lutliority here, as to Iiiiuler us from be- 
ing serviceable to his Majesty therein. And for yonr slio-liting 
his ^lajcsty's authority here, liave extorted from us a Prohi- 
bition against your further proceeds: notwithstanding wee had 
used all our endeavours by trancesporting our records, and 
holding, adjourning and continuinge his Majesty's Gcnerall 
Court here four days time and upwards, in hopes and expecta- 
tion of your complyance, that wee might have served his Maj- 
esty herein as formerly wee have done, and have to show his 
Majesty's gTacious letters in approbation thereof And soe wee 
take leave, and remaine, 

Your friends and neighbours, 

JOHN POTTER, Gierke. 

By order of the Court. 
From Capt'n John Foanes's house, 24th day of Auoust, 
1683. 

By this said Court and by the authority tlicreof, was nomi- 
nated, deputed and appointed, authorized and engaged, i\Ir. 
Jireh Bull and Capt'n John Foanes, to be Conservators of his 
Majesty's peace, in the towne of Kings Towne. 

Mr. Daniell Vernon chosen Clerke of said towne, and en- 
gaged thereto, by said Court. 

Mr. Sanuiell Albro, chosen Treasurer, and engaged to said 
office, by the said Court. 

Thomas Mumford, Henry Gardner, John Andrew, and James 
Hasleton, chosen Constables for said towne, and en^-a'Tcd to 
their said offices, by the said Court. 

Job Jennie, chosen Sergeant for said towne, and engaged to 
his said office, by said Court. 

Voted, That the draught of a letter to his Majesty here pre- 
sented, be carryed to Illiode Island ; and that the Governor 
and Deputy Governor and Councill of the said Island, shall 
perfect the same, and to convey it aAvay by the first opportuni- 
ty they can, with all other writeings therein mentioned, to be 
enclosed in the same. 

Voted, That this Assembly is adjourned untill the 10th day 



1G83.] .L\D PROVIDENCE PLANTATIONS. 133 

of September next, ensueiiig ; and tlicn to meet and eonvene 
at NeAvportj at tlie house of William Maize. 

Sejdcmhcr 10///, 1G83. 

The Com-t called, and did sit according to adjournment. 

Voted, The Deputy Governor, Capt'n Arthur Fenner, IMajor 
John Greene, Major John Coggeshall, Mr. Joseph Jenekes and 
Capt'n Randall ITouldon, are appointed and chosen a Commit- 
tee to draw up a remonstrance to present to this Assembly to 
consider of with respect to the late proceeds betwixt Governor 
Cranficld and associates, and this government ; and to make 
returne unto this Assembly of what they shall act therein, at 
their sitting to-morrow morning, at eight of the clock, or the 
second ring of the bell ; which was accordingly done, and 
voted to be trancescribed and sent. 

Voted, In answer to the petition of Christopher Almy, 
beareing date Newport, the 10th of Septenil)er, 1G83, it not 
coming in forme according to law, to witt : the Generall As- 
sembly of his jNInjesty's Collony of Rhode Island and Provi. 
dence Plantations, this Assembly dotli see cause to returne the 
said petition, with the money alsoe with it. 

Voted, The Deputy Governor, Capt'n Arthur Fenner, ]Major 
John Greene, ]\Iajor John Coggeshall, Capt'n Randall llouldon, 
]\Ir. Joseph Jencks, ]\Ir. Thomas Ward, and ]\Ir. William AVod- 
oll, them, or the major part of them, arc chosen a Conunittee to 
draw up a draught of a letter, to be sent to his •Majesty ; and 
to make returne unto this Assembly of what they shall act 
therein. 

Voted by this Assembly, that what moneys of the Collony's 
that are in the hands of the late Governor, Major Peleg Sanford, 
that concernes the Collony, or was gathered for the late Gov- 
ernor of York, Edmund Andros, Knight, be forthwith delivered 
to our Honored Governor, William Coddington, Esq'r, or Depu- 
ty Governor, or either of them, and their, or either of their re- 
ceipts, shall be Major Peleg Sanford's discharge for soe niucli 
as he received. 

Voted and ordered by this Assembly, That the letter drawn 



134 RECORDS OF TILE COLONY OF RHODE ISLAND, [1683. 

lip to send to his Majesty, the copy thereof heing now perfect- 
ed ; ;ind the letter drawn up to send to the Right llonorahle 
the Lords of the Committee, with their writeings, that are alsoe 
ordered to be sent, bee committed to the care of the Governor 
and Deputy Governor, or either of them, to git them fairly 
trancescribed, and send them away by the first expedition ; 
and what charge they, or either of them are at for the same, 
shall be paid. 

Voted and ordered. That the Assembly vote by papers for 
an Agent to be sent for England. 

The Agent chosen, is Capt'n Arthur Fenner. 

Voted, That a levie of £400 in money, bee raised within 
the precincts of this Collon}^, and that the stateinge of the said 
levie on each towne. Islands and places, more pertickuLirly is 
referred to the next Generall Assembly, to be hold at Providence, 
the last Wednesday in October next ; and this levie to be only 
for the use of sending an Agent for England. 

Voted, That the Assembly doe vote by papers for an Agent 
to be sent for England, with Capt'n Arthur Eeiincr, whoe was 
first chosen. 

The Agent chosen, is ?»Iajor Peleg Sanford. 

Voted, That copys of the Generall Assembly's acts shall be 
transcribed 1)y John Potter, Clerkc to this said Assombh^, and 
copys thereof bo presented unto Mr. John Sanfoi'd, Recorder of 
this Collony, who is, in his Majesty's name, hereby required 
forthwith to affix the scale of the Collony unto each copy ; and 
that the said Clerke shall immediately within twenty davs 
after the dissolution of this Assembly, send forth a copy there- 
of unto each respective towne within the jurisdiction of this 
Collony. 

Voted, That the said Clerke, for giveing his attendance as 
Clerke to this Asscmbl3^ and for copj's of the Assembl3^'s acts 
as above-said, shall have from each severall towne in this Col- 
lony, the sum of seven shillings and sixpence in money, paid 
to him. 

It is further ordered. That the Recorder shall have two shil- 
-ings and sixpence in money, for affixing the scale of the Collony 



1C83.] AND PROVroENCE PLANTATIONS. 135 

unto each respective copy, and for recording the acts of this 
said Assendjly in the Booke of Generall lleconls, the sum of 
seven shilhngs and sixpence in money, and this to he paid un- ■ 

to tlie said Recorder proportionahly hy each respective towne 
^vitliin the jnrisdiction of this Collon}^, aforesaid. 

A'oted, That the petition of Christopher Ahn}' is referi'ed to 
the next Generall Assembly in October next, in Providence. 

Voted, That the hill presented by Mr. Edmnnd Calverly to 
this Assembly for his service, done in giveing his attendance as 
Generall Sergeant on this Assembl}^, is allowed, and ordered to 
be paid to him, which said bill is two pounds, one shilling and 
sixpence, in or as money. 

Voted, This Assembly is dissolved. 

A true copy. Per JOHN POTTER, Gierke. 

The scale of the Collony affixed. 

Per JOHN SANFORD, Recr.r:l.'r. 

Letter from EJiode Island to the Lords of his Majesifs Comniittco 
for Trade and Plantations. 

Newport, this 15th of September, IGSo. : 

Right Honorable : May it please your Lordships to .'ifl'ord us I 

his ]Majestie's subjects, the Governour and Company of his ]\Li j- r 

cstic's Collony of Rhode Island and Providence Plantations, in I 

New England, the continuance of your favourable aspect, next \ 

under his ^lajestie, hunildy desiring your Lordships, in case ^ 

any returne should come before 3^our honours, from Edward f 

Cran field, Esq'r, Lieutenant Governor and Commander-in-Chief f- 

of New Hampshire, William ■ Stoughton, and other associates, I 

said to be in commission with them, to inquire into the claimes ^. 

as well of his jMajestic, as of all other persons or Corporations, \. 

that your Lordships would please so farr to favour us, as to de- i^' 

sire his jMajestie to cause a stop to be put to a full determina- t-; 

tion thereon ; because we humbly conceive, if there should be |- 

any proceed therein, his Majestic himself as well as his Majes- '^ 

tie's liege people :md subjects here, v\'ill he injured and disaji- $ 

pointed, who were all in readiness to have appeared befoi'e the i:: 

I 



136 RECORDS OF THE COLONV OF RHODE ISLAXD^ [1683. 

:-aid Coniinissioiicvs, as well fur Lis jMaje.stiij's iutorost, us their 
fiwno; provided tlie said Cominissioners would liave sliowii 
their coiiiniissiou to liis Majestio's Governor and Court licrc, 
who assembled first at the towne of" Waruicke, the 20th of 
August, last past, and from thence adjourned to Capt'n John 
Fones's his house, at Narragansett, the next day, neare where 
they met, having provided themselves with such Records as 
might make for the clearing of truth, both for his Majestic and 
his liege people. But although his Majestie's Court here de- 
sired it, and waited with patience, nevertheless those Commis- 
sioners produced not their commission to our view, but removed 
out of our Collony, to the great disappointment not only of his 
Alajestie's Collony in gencrall, but also of the towne of Wester- 
ly, formerly called Misquamacuck, as well as others. 

We could have heartily washed that those gentlemen might 
liave been as well received by us, as his ^lajestie's former Hon- 
orable Conunissioners, CoUonell Richard Nichols, Robert Carr, 
Knights ; Collonell George Cart^\Tight, and Samuell Maverick, 
Esq'rs, who of their own accord, courteousl}' showed their com- 
mission, under the jjroad scale, to our Governour and Councill, 
before they acted any thing in this his Majestie's jurisdiction ; 
notwithstanding they brought his Majestie's Royall letters to 
signify the same, which the aforesaid Conunissioners had not. 
]vlay it please your Lordships to take notice, that we are ready 
to prostrate ourselves and concerns at his Majestie's feet, and 
notwithstanding take our selves in duty bound to uphold, and 
not to prostrate his ^lajestie's authority here, at any of our fel- 
low subjects' feet. Wee humbly beg your Lordships, that in 
case any com[)laints come against us, that we may have notice, 
for we take it as a great favour granted to us by his Majestie 
ill his gracious Patent, that in case of dinbrence betwixt us and 
iiiw neiehbourinii" Collonies, wee have libertv uTanted to n\ake 
our appeal to him. 

Wee desire of the God of heaven to iiive him a lone; and a 



1G83.] AND PROVIDENCE PLANTATIONS. 137 

happy reigno, and your Lordsliips all peace and happiness, and 
leniaino. Your hnnilde supplicants, 

(Signed). WILLIAM CODDINGTON, Gov'r. 

In behalf of his Majestie's Generall Assembly of Tthode Is- 
land and Providence Plantations, in New England. 
(Indorsed.) 15 September, '83. 
Prom the Governour and Company, to the Committee. 

ricprcscniaiion from the Toivn of Wanvick rclaiivc to the Narra- 
ganseit Comiivij. 

To his Jilost Excellent Majestic, Charles the Second, of Great 
Britain, France and Ireland, King, and the dominions there- 
unto belono-inge. 

The humble petition and remonstrance of Ftandall Ilouldon 
and John Greene, inhabitants of the towne of Warwicke, in 
your ^lajestie's Collony of Rhode Island and Providence Plan- 
tations, in New England, humbly showeth, that your petitioners 
beinge mcml)ers of your Majestie's Generall Court, held at 
Warwicke, which Court being then assembled, August the 
20tli, 1GS3, and understandinge that the Honoured Edward 
Cranfield, Esq'r, Lieftenant Governour, and Conunandcr-in- 
Chicfe of his ^lajestie's Province of New Hampshire, together 
with William Stoughton, Esq'r, and other associates, said to be 
in commission with him, were to meet at Mr. Ptichard Smith's 
house, at Narragansett, to inquire into the claimes as well of 
his Majestic as any other persons, to the Narragansett Country, 
and as their printed briefs did declare, in order thereunto sent 
a letter to them to produce their commission to the view of the 
Honoured Court, whoe saw cause to adjourne to Capt'n John 
Pones's house, neere to ^Mr. Pichard Smith's, waytinge for their 
answer, but not obteyninge a sight of their commission, the 
Governour and Councill sent forth a Prohil)ition under their 
handes and scales, as well to prohilntt your ]\I[ijestic's subjects 
from attending them, as tliem from keepinge Court. In obedi- 
ence thereunto, wee appearad not before them, although wee 
together with your Majestie's Court, had prei)ared our selves 



138 RECORDS OF THE COLONY OF RHODE ISLAND, [1683. 

therefore, if avcc could h:ivc understood your Royall Majestie's 
Avill ;uid pleasure ; notwithstandingc wee, your Majestie's sub- 
jects, had before in the ycare 1G78-9, given in a full relation 
before your ^Majestic in Councill, concerninge the Narragansett 
Countr}', as also then presented such writinges which were with 
us, beinge at that time called before your Majestic to spcako 
to a printed paper, called an Advertisement, wherein the Hon- 
ored Simon Bradstreet, then Deputy Governour of your Majes- 
tie's Collony of the Massachusetts and others, had presumed 
to dispose of the landes called the King's Province. Where- 
upon your Ko}'all Majestic was pleased to order your lloyall 
letters to be sent to the respective Collonies, beareing 
date from AVliitehall, the 12tli of February, 1GT8-9, where- 
in is expressed as followcs (and whereas our wcll-bcloved sub- 
jects, Randall Ilouldon and John Greene, Deputies of the 
townc of Warwick, in the Collonie of Rhode Island, have certi- 
fyed our said Privy Councill of their certain knowledge as 
ha^inge inhabited that country for al)Out forty yearcs, that 
never any legall purchase had been made thereof from the In- 
dians by the Massachusetts, or any others) which answer only 
related to the Advertisement. For wee stood there to vindi- 
cate his ^lajestie's interest as well as his Majestie's Collony of 
Rhode Island and Providence Plantations' just claim by Patent 
in opposition to the Collony of the Massachusetts, or any oth- 
ers. And therefore as in duty bound, wee most huml)ly pros- 
trate ourselves before your j\Lijestie, and humbly beg tlie cou- 
tiiuiance of your gracious aspect on us, }'our most humljlo 
subjects and supplicants. 

(Signed.) RANDALL IIOWLDON, 

JOHN GREEN K. 

Prom the towne of Warwicke, in your Majestie's Collony of 
Rhode Island and Providence Plantations, in New Eng- 
land. 

September the 17th, 1G83. 
(Address.) To our Dread Soveraigne, Charles the Second, 

King of Great Britain, Scotland, France and Ireland, &c., 

humbly present. 



1683.] AND niOVIDENCE PLANTATIONS. 139 

Suiiimvns to attend the Commission to examine claims to the Kinr/'s 
Province. 

By his JNIajcstie's Commissioners for examining and inquiring into the claims and 

titles to the King's Province, or Narragansett Country. 

Whereas, by a Commission from his Majesty, bearing date the 7th of April, 
1GS3, Edward Cranfield, AVilliam Stoughton, Joseph Dudley, Edward Randolph, 
JSaniuel Shriinpton, John Fitz Winthroj), Edward Palmes, Natlianiel Saltonstali, 
and John Pynchon, Jun'r, Esq'rs, or any three of them (whereof Edward Cranfield 
or Edward Randolph to be of the quorum), arc appointed and authorized Conunis- 
missioners to examine and inquire into the respective claims und titles, as well of 
his Majesty as of all persons or corporations whatsoever, to the immediate jurisdic- 
tion, government, or propriety of the soyle of a certain tract of land within his M.nj- 
cst:e's dominion of New England, called the King's Province, or Narragansctt 
Country, and to call before them any person or persons, and to search records as 
they shall find requisite, and their proceedings therein, Avith their opinions upon tlic 
matters that shall be examined by them to state, and with all convenient speed re- 
port thereof to make to his Majesty. 

Ill pursuance whereof, we the Connnissloners have thought fit to certifie and pub- 
lish to all persons and corporations concerned, that we haNC concluded and appoint- 
ed Wednesday, the 22d of August next, to convene and assemble at Mr. Richard 
Smith his house, in the Narragansctt Country, there to hear and receive the claims, 
proofs, pleas and pretentions, of all persons, whatsoever, either in behalf of his Maj- 
estic, or any other persons or corporations. And that we do hereby summon 
and require all persons and corporations, that either possess, or claim any right or 
title to the soyle or jurisdiction of or within the King's Province, or .Narragansctt 
Country, whether upon the main, between the rivers of Providence and Pauqua- 
tuck, the Islands of Cannonicut, Prudence, Patience, or any other Islands, which 
now or formerly are or were reputed to be part of, or belonging to the Narragansctt 
Country, either personally or by their Representatives or Agents, fully instructed 
and iin[)Owered to appear, and give their attendance at the time and place afore- 
said ; and to produce all letters, acts and orders from his Majestic his Council, or 
any of his Commissioners to the respective Collonies, Governors or governments, 
with all such Charters, Deeds, Records and evidences whatsovcr, that may tend to 
the clearing of truth herein, or authentick copies thereof. 

And whereas upon information given, it is presumed that irom the ancient Rec- 
ords of the acts of Court, &c., of grants and conveyances of land, kept at Rhode Is- 
land, some collections beneficial to his Majestie's interest, may be made ; the said 
CoUony of Rhode Island and Providence Plantiitions, is hereby especially required 
to produce all such papers, registers, or books of record, as have at any time been 
kept from the year 1G40, or authentick copies thereof, to this day. And to the 
end that all persons and corporations concerned, may have seasonable and full no- 
tice hereof, we have ordered" this summons to be printed, and sundry copies thereof 
attested by Mr. William Wharton (with particular letters under our hands, directed 
to the several Governors of his Majestie's Collonies in New England), that the 
same may be aflixed and published in all convenient places within their respective 
jurisdictions. By order of his Majestie's Commissioners. 

Boston, August 22, 1C83. 



140 RECORDS OF THE COLONY OF RHODE ISLAND, [1G83. 



Report of the Karragansclt Commissioners. 

To the King's Most Kxccllent Majestic. 

May it please it your ^Lljcstie : Whereas your ^Lijcstie liatli been jzraciously 
pleased by your Commission under your Royal signet, bearing date at Wliitelial!> 
the seventh day of April, in the fivc-and-thirtyeth year of your reign, to constitute 
Edward Cranfield, Esq'r, Lieutenant Governor and Commander-in-Chief of New 
Hampshire, William Stoughton, Joseph Dudley, Edward Randolph, Samuel 
Shrimpton, John Fitz Winthrop, Eilward Palmes, John Pinehcon and Nathaniel 
Saltonstall, Esq'rs, or any three of them (whereof Edward Cranfield, or Edward 
Ran(loli)h should be of the quorum). Commissioners for inquiring into the respec- 
claims and titles as well of your Majcstie as all persons and corporations whatsoever 
to the immediate jurisdiction and propriety of soyle to the King's Province, or Nar- 
ragansett Country, and to make report of the same with their opinions upon the 
matters tiiat shouldbe examined by them, that your Majestic might cause impartial 
justice to be done. 

In humble obedience to your Majestie's command, we, your Majestie's said Com- 
missioners, whose names are subscribed, do humbly ofler : 

That upon receipt of your said Commission, we both by our letters to the several 
Governors and Councils of your Collonys, and by printed summons sent to them to 
publish if they saw cause, in their respective jurisdictions, for information of their 
people, signifyed the purport of your said Commission, and that we had appointed 
on Wednesday, the two-and-twentyeth of August to convene at the house of Mr. 
Richard Smith, in the Narragansett Country, to receive all such information, evi- 
dence, and claim as well in your Majestie's behalf, as of all persons and corporations 
■whatsoever, as should be ofl'ered, with other necessary intimations; and that upon 
the two-and-twentyeth of August we convened at the place aforesaid, where Capt'n 
John Allyn and Mr. John Wandsworth, two of the Magistrates of Connecticut Col- 
lony, as their agents ; Thomas Hinckley, Esq'r, Governor of New Plymouth, in 
person, and Mr. Waite Winthrop, Mr. Simon Lynde, Mr. John Saffin, Mr. Elisha 
Hutchinson, Mr. Richard Wharton, and Mr. Joshua Lamb, in their own behalf and 
as representatives for the rest that claim propriety in right of John Winthrop, Escfr, 
and Major Humphry Atherton and partners, all appeared. And after very dutiful 
and thankful acknowledgments of your Majestie's great and gracious care, inform 
yourself, and bv your finall determination to cause impartial justice to be done. 

Tlie agents of Connecticut and Governor of New Plymouth, in their Collonys' 
behalf, respectively claimed jurisdiction by Patent over the King's Province, or 
Narragansett Country'; and the said Winthrop, Lynde, SafTin, Hutchinson, Whar- 
ton, and Lamb, entered their claims and produced their evidences for the 
sovlc of the said Provinces. Other claims were also^jcxhibited to several parts of 
the said Province; all persons any way concerned, expressing great satisfaction in, 
and submission to your Majestie's commands and onr proceedings, except only the 
government of the Rhode Island and Providence Plantations, from whom, accord- 
ing to the information given to your Majestie's Commissioners, Anno 1GG4, 
and what was some years since suggested tcryour Majestic and Council by Randall 
Holdcn and John Greene, we expected farther information and evidence as to your 
ISIajestie's interest and propriety. But instead of their Collony's assistance in your 



1G83.] 



AND PROVIDENCE PLANTATIONS. 141 



M.iiL'stiL''s concerns and prosecution oCtiieir own pretensions, their Gcncrall Assem- 
bly was pni'poscly called, and as we arc informed, adjourned in an iinnsuall manner 
to a house in tlie Nan-agansett Country, distant about a mile from tiic place of our 
session ; who sent us a letter interdicting our proceedings, which not availing, they 
sent their Sergeant Generall in a riotous manner, Avith a great number of horse- 
men, who by loud proclamation, prohibited us from keeping Court in any part of 
their jurisdiction, conunanding all persons within the verge of the Collony or King's 
Province, to depart, and not to be abettors to our pretended Court, as by their let- 
ter and Proclamation may more fully appear. Notwithstanding, wc continued to 
make strict inquirys and examinations, both of the ancientest inhabitants of the Eng- 
lish and Indians, tor two days, and receive all such claims as were presented; and 
in regard none appeared with any claim or plea in ycur Majestie's behalfe, we ad- 
journed to Boston, there to meet on the 3d of September, folloM-ing ; and substitut- 
ed a Committee to carry a letter to Rhode Island Court, intimating our adjourning 
and demand in your Majesties's name and for your behoof, that the said Committee 
might search, peruse and examine the Records. And also'sent particular simimons 
in your Majestie's name to said Greene and Howldon to appear before us the 3d of 
Se])tember, and to give in evidence pursuant to the information or suggestions giv- 
en to your ^lajestie in Councill, at Whitehall, which said letter was delivered to 
I\Ir. '\Villian\ Coddington, their CJovcrnor, and the summons to the said Greene in 
open Court. The answer, and reception whereof, and the methods of our j)rocecd- 
ings, and of the great contempt olFerd to your Majestie's Commission, by the Gen- 
erall .\ssembly of Rhode Island, we humbly referr to a narrative drawn by Mr. 
William Wharton, our Register, and approved by ourselves, which with this will be 
Immbly layd at your Majestie's feet. 

U|)on Monday, the third of September, we again convened at Boston, and gave 
further opportunities for new claims; but none from Rhode Island appeared, so that 
they then failing in their duty, Mr. Richard Wharton and partners exhibited a 
printed book, containing a D"cd, bearing date the 19th of April, 1C44, being the 
subjection of two Chief Sachems named Pessicus and Cononicus, of themselves, 
tlieir people and lands to the care, protection and government of your Royall Fa- 
ther, of blessed memory ; and with the said book was read a brcviat or memorial 
of the occasions and improvement of .'aid subjection; the said Wharton and part- 
ners declaring that none of them knew of any other evidence as to your Majestie's 
propriety or interest in the soyle, neither hath any been ofTercil by any other hand, 
so that we have primarily and seriously considered the severall claims before us to 
the jurisdiction which we find as well by the sayd printed Deed of subjection as by 
former capitulations and conclusions (after con<iuest of the Pequods) bctweene 
vour Majestie's subjects of the United Collonys and the Sachems and Councillors 
in the Narragansett Country, and the purchases, possession and improvement made 
by your Majestie's subjects to have been absolutely vested in your Majestic, and by 
Your Majestie's letters Patents, dated in Westminster, the thrce-and-twentyeth of 
Aprill, in the fourteenth year of your Majestie's reign, that your Majestic granted 
to the Governor and Comp"any of Connecticut and their successors, all that part of 
vour dominion in New England bounded on the East by Narragansett River, com- 
monly called Narragansett Bay, where the said River falleth into the sea, and on the 
North by the line of tiie Massacliusctts Plantation •,. and on the South by the sea, 
and in longitude as the line of the Massachusetts running from East to West ; that 
is to sav, from the said Narragansett Bav on the East, to the South Sea on the 



142 IlECOPvDS OF THE COLONY OF RHODE ISLAND, [1683. 

West part tlicrounto adjoyning, together with all firmc lands, soylcs, grounds, ha- 
vens, i)orts, rivers, waters, fishings, mines, mineralls, precious stones, and all and 
singular other commodities, and jurisdictions whatsoever, reserving to your Majes- 
tie, your heirs and successors only the fifth part of the ore of gold and silver, as by 
the Charter may at large appear. 

^Ve have also had information, that some time after your BLijcstic's grant, and 
said Patent was sent to your Collony of Connecticut, the said country of the Narra- 
gansctt was likewise, by Patent, granted by your Majesty to the Governor and Com- 
pany of Rhode Island Plantation, and is by said Charter, bounded by a river called 
Pawcatuck, which, by said Charter is for ever to be accounted and called the Nar- 
ragansett River. And this latter grant of your Majesty to Rhode Island seems to 
be founded upon advice submitted to you by Jolm Winthrop, Esq'r, said to be 
Agent for Connecticut Collony, and Mr. John Clarke, Agent for Rhode Island ; to 
which the Agents for Connecticut plead, that I\Ir. Winthrop's agency for them 
ceased, when he had obUiined and sent the Patent to them, and that no submission or 
act of his could invalidate, or deprive them of any the benefits graciously granted by 
your Majestie's Charter ; and notwithstanding the seeming boundaries, set by said 
articles, signed by Mr. Winthrop and Mr. Clarke, it is in the same articles provided, 
that the proprietors and inhabitants of the Narragansett country shall choose to which 
of the two governments to belong, and that they unanimously chose and subjected to 
the government of Connecticut, under which that Plantation began to prosper till 
the year 1CG4, when some of your Majestie's Commissioners (whicli its alledgcd 
without Coll. Nicholls, then absent, could make no valid act) in favor to the Ilhodc 
Islanders published some inadvertent orders since by Collonell Nicholls and them- 
selves reversed. However, by the said orders, and the pretensions that the Rhode 
Islanders by virtue of their Patent make, we find they have much molested and dis- 
couraged the said settlement of said country, and occasioned continuall controver- 
syes between the said Collonys. 

Pursuant therefore to your Majestie's gracious ends to quiet those disputes, we 
have carefully endeavored to obtain certain knowledge of the bounds of your Maj- 
estie's Province of the Narragansett Country; and upon the best evidence ofTcred 
and examination of sundry ancient persons, both of the English and the Indians, it 
appears that a brook called \Veccampaug, is near the sea the westerly bounds of 
the Narrangansett Country ; all the land which is in breadth about four or five 
miles. lying between the said brook and Pauquatuck, being the Pequod country, 
and by conquest taken from them and disposed to severall persons within wliich 
limits lye. Sundry farmers belonging by ancient grant to Harvard College, to Mr. 
Symon Lynde and other persons, whose titles being asserted have been acknow- 
ledged by all others' pretending propriety ; and that the Narragansett Bay or River 
•where it falls into the sea bounds of the Narragansett Country easterly, and by a tcsti- 
money given by Governor Winslow in his life time upon another occasion, and al.-^o 
by information of sundry-old and principal Indians, it appears that Patucket River 
lying between Reho'ooth and Providence, was the intended boundary, and river be- 
tween Plymouth C&llony and Providence Plantation, which in Plymouth Patent is 
called Narragansett River. This Patucket River falling into the greater Narragan. 
sett River or Ray that bounds Narragansett, so that between the savd river of Pa- 
tucket, Quenebaug and Nipmuck Country, to the northward, and Weccampaug 
brook westerly, lyes the whole dominion and territorys containing the Cniiesit and 
Niantick Country, formerly and lately belonging to tiie Narragansett Sachems, and 



1GS3.] 



AND PROVIDENCE PLANTATIONS. 14^ 



generally callcil tlio Xarragansett Country. As to the claim made by the Collony 
of Plymouth to jurisdiction and soylc, we find it hatli only foundation from the 
name given to Pawquatuek of the ^Jarragansett IVivcr, and if anciently and trulv 
so called, then Plymouth Charter if conlirmed by your Majestic, being gianted bv 
the Couneill of Plymouth, and bears date the 13th of January, in the fifth rear of 
the reign of your Pioyall father, will determine the controversie between Pihode Is. 
land and Connecticut, and comprehend the whole Narragansett and part of the Pc- 
quod country; the lands granted to Plymouth being bounded southerly by the Nar- 
ragansett River. But with humble submission, we cannot sec any cause tojudi^e 
that the said Pauquatuck River anciently was or ought to be called or accounted 
the Narragansett River. 

1. Because it lyes some miles within the Pequod boundary, a nation, till extir- 
pated by the English, often or always at war with the Narragansctts, and to which 
territorys the Narragansetts never pretended. 

2(1. Because Pauquatuck River falls into the sea, many miles to the westward of 
the Narragansett Bay, we are of opinion that the Karragaiisctt Bay is the River 
anciently called Narragansett River; both because it on the eastward washes and 
bounds the whole length of the Narragansett country; and for that Plymouth Col- 
lony (which hath now been planted near threescore years,) have ever since bounded 
themselves according to the term and limitation of their Patent by the same Bav 
called Narragansett River, towards the south, into which the t'reshes of said River 
cmptys itself in a precipice. 

Thus having humbly represented our opinions respecting the bounds and juris- 
diction, with all humility, we report our opinions as to the propriety of soyl. 

1st. We find by one Deed, dated the 11th of June, 1659, Coginacjuand, chief 
Sachem and proprietor of the Narragansett country, did give, grant and convev, to 
John Winthrop, Esq'r, and ^lajor IIumi)hrey Atherton and partners, their heirs 
and assigns, one large tract of land, now called the Norward Tract; and the said 
Cognina(piand by another Deed, dated the 4th of July, 1G59, did in like manner 
convey to the said John Winthrop, Major Atherton and partners, another lar>-'c 
parccU of land, now called the Southward Tract, or Namcocke. And we find bv 
other Deeds from the other Sachems, the sayd conveyances ratified, and sundry 
receipts and acknowledgments of full satisfaction to all persons any ways con- 
cerned. 

We also find, that by a Deed bearing date the 13th of October, 16G0, Suquensh, 
Ninigret, Scuttup and Quequakanewsett, Narragansett Sachems, for valuable con- 
sideration, mortgaged to Major Atherton and partners, the remaining part of the 
whole Narragansett country, containing the Cohesitt and Niantick countrys ; and 
find that as part of the consideration, seven himdrcd and thirty-five fathom of 
peague was paid November the IGth, IGGO ; and sundry oiher ])ayments made and 
aratuitys given to full satisfaction, as by sundry receipts and acknowledgments doth 
appear; the Conuiiissioners of all your Majestie's Collonys approving these trans- 
actions. And we also find by the testimonys of John Button, William Gotten, John 
Rhodes, and Ambrose Leech, sworne before John Endicott, Esq'r, Governor of 
the Massachusetts, the 22d of September, 1G62, and recorded at Hartford, that 
Scuttup and Ninigret, with sundry other Sachems, Councillors and Indians, to the 
r.iimbor of two or three hundred, being assembled at a place called Petaquamscott, 
the s.\i 1 Scuttup in presence of sayd Indians, and many English also assembled, 
did, ill behalf of h'mself, biotlier and friends, deliver [josscssIou liy turf and twig, to 



144 RECORDS OF TIIC COLONY OF RHODE ISLAND, [1G83. 

C;\}it,'ii Edwanl Iliiteliinson, Capt'n 'William Iliidsoii, and Mr. Ricliard Smitii, 
Jun'r, in buhalt'ot' tlienisches and jtartnors, dcolaiin;:; tlie lands to be then alii'aily 
sold by Deed by themselves and tlic rest of tlie Sagi^amores, to Major Atlierton and 
partners. 

"\Vc also find that the said Major Athcrton, Capt'ns Ilutehinson, llndson and 
partner, with great expense and industry, applycd them:<elves to the settlement and 
improvement of said country ; many considerable fai-mes being laid out, liouses and 
edifices erected, and two townships also laid out, and methods for improvements 
and tenures agreed upon t!ic one town named Wiekfbrd, and the other 
Newbury. 

Also it appears that the said purchasers did request and instruct Jolm ^Vinthrop, 
Esq*r, to supplicate your Majestic to add the said Narragansett country to the ter- 
rytorics and jurisdiction of Connecticut, which your Majestic graciously granted, 
and was farther graciously pleased by your Royall letters, dated the one-and- 
twcntyeth of June, 1GG3, directed to the Governor and As.^isfants of the severall 
Collonys to approve and encourage the purchasers' designs ; and as your Majestic 
pleased then to call them laudable endeavors to settle and plant a Collonv to the 
enlargement of your empire, and to recommend the said purchasers and proi)rietors 
to the neighborly kindness and protection of said Collonys, willing them upon all 
occasions to be assisting to them against the unjust oppression and molestation of 
those of Rhode Island, with other expressions of your Royall grace and favor to 
the said purchasers. Upon which titles and cncouragments the claimants offer 
probable computation and arguments that their predecessors, themselves and per- 
sons concerned with them, have expended for purchasing and settling the said 
country at least twenty thousand pounds; and that had not the ill elfects of the 
orders made by some of your Majestie's Commissioners that came over in the 
year IGGI, and the great molestations and pretensions of the Rhode Islanders, ob- 
structed the settlement, the country had by the planting the said two towns and 
other improvements, been so populous that great part, if not all the miseries of the 
late Indian war had been prevented. 

Some other claims have been made by Mr. James Noyes and others of some other 
tracts of lands lying in the Niantick country as derived from Ilarman Garrett and his 
son, pretended Indian Sachems, who personally appeareil before us; but upon ex- 
amination, we find the said Ilarman Garrett or his son had not any rii^ht or power to 
dispose of any of the lands, the same having been beyond the memory of man pos- 
sessed by Ninigret, the other Indians acknowledging the same. 

Other claims also were exhibited to sundry other tracts within the Narragansett 
country, but the titles being either derived from or depending upon Mr. Winthroj) 
and Major Atherton's purchase, we humbly conceive more proper for a Court of 
Judicature. 

Thus after most strict and impartial inquiry and examination, having stated, we 
most humbly lay boforc your Majestic the severall originall claims and pretensions 
ofTered to us witli respect to the propriety, both of jurisdiction and soyl in your 
Majestie's Province, or Narragansett. And in farther obedience to your said Com- 
mission, have seriously weighed and considered all evidences, pleas, proofs, and alle- 
gations, and added our own observations of the course of the Narra'iiansett River or 
Bay, and situation of the country so far as we have travelled therein, and with most 
humble submission and reservation of your Majestie's right, so far as it mayappearc 
to your Majestic, offer our opinions, that by virtue of your letters I'atcnts grantc<l 



1G83.] 



AND PROVIDENCE PLANTATIONS. 145 



to Connecticut, jurisdiction in and through said Province, or Narragansctt countr}-, of 
riglit l)clonjrs to the said Collony of Connecticut ; and tiiat propriety of soyl as de- 
rived from Mr. Winthrop and Major Atiiertoii, is vested in the heirs and assigns of 
said Winthrop, the iieirs of Thomas ChiOiiKh, Esq'r, Major Atherton, Mr. Richard 
Smith, i\Ir. Synion Lynde, Mr. Elisha Hutchinson, Mr. John Salfm, Mr. Kichard 
"Wiiarton, and partners, and such as derive from them ; noe considerable opposition 
being by any corporation or person given before us to the ckiim and title ; the same 
being granted by tlic sayd Agents of Connecticut. Notwithstanding we do not 
conceive that their purchases do any ways entitle them to any part of the Pe(]uoJ 
country lying between Wecopaug and Pauquatuck River, nor that the former law- 
ful purchases and possessions of the inhabitants of Providence and Warwick 
ought to be prejudiced thereby. 

And finally, we hold it our duty humbly to inform your Majestie that so ion" as 
the pretensions of tlie Rhode Islanders to the government of sayd Province con- 
tinue, it will much discourage the settlement and improvement thereof; it beiii'^ 
very improbable that cither the aforenamed claimants or others of like reputation 
and condition, will either remove their familys or expend their estates under so 
loose and weak a government. 

And to the end that your Majestic may at all times have more particular satisfac- 
tion, and the persons concerned oi)portiinity upon occasion liirther to assert and 
prove their interest without hazarding their originall evidences upon the sea, we 
have caused an oath to be administered to our said Register, under his hand, to at- 
test all such Deeds and papers as have been received by us, and to coppy and truly 
examine the same, and in like manner to attest to such coppys, and afterwards to 
return the originalls and copy upon demand, to the per.-ons that produced the same. 
In obedience to your Majestie's gracious commission and commands, wc with all 
humility otier this our report, which we cause to he duplicated, craving your Majes- 
tie's gracious acceptance of our dutiful! endeavors to approve ourselves. 

Your most loyall and obedient subjects. 
[P.oston, October 20, 1G83.] El/.'^^.RD CRANFJELD. 

WILLIAM yTUUGllTON, 
SAMUEL SHRIMPTON, 
JOHN PYxXCHON, Jun'r, 
NATII: SALTONSTALL. 
As a farther addition to our report, we humbly olfer, that since the close of your 
Majestie's Commission, iNIr. Edward Randolph arriving and signifying his power in 
behalf of his Grace the Duke of Hamilton, to make claim to the King's Province, or 
Narragansett Country, we have again convened and summoned so many of the 
pro[)rietors as could in so short a time assemble, and in their presence and hearing 
have read a coppy of the Duke's Deeil, and heard Mr. Randolph's pleas and im- 
provements thereon, and find it takes in some part of the said Provinrc, or Narra- 
gansett Country ; and have also received the answer and defence of said proprie- 
tors, which we herewith humbly transmit and submit to your Majestie's considera- 
tion ; and have also ordered copies of the Duke's Deeds and proprietors' pleas, to 
be sent to the Collony of Connecticut, to the end they may have opportunity by 
the first convevance to make their answer and defence before your Majestic. 

EDWARD CUANFIELD. 
WILLIAM STOUGHTON, 
JOSEPH DUDLEY. 

VOL. III. 10 



140 llEiXUlDS OF THE COLONY OF UIIODji ISLAND, [IGSC. 

Ldlvr from 31/rard Cranfidd, Licuicwnd Govcrwjr of New 
Jf'iiiip^Jiirc [I'lclnij an account of Procccdun/.s upon the Nurra- 
(jan-nit Conunission. 

New riampsliiro, the 19th of October, 1C83. 

;NL'>y it please your Lonlships : Since Mr. Uandolph's brother's departure from 
these parts, I have had notliing of moment, till now, to communieate to your Lord- 
ships, having spent all my time at Narragausett, and the neighbouring CoUonies, the 
better to enable me to report to your Lordships the distini;t interests anil elaimes to 
that Province. I shall pi'esumc only to give you some short account of, in wliieh I 
shall not be tedious to your Lordships, since a rejrort at large will be presented to 
your Lordships from those persons appointed for that service. 

On the 2'2d of August, wee convened at the house of Mr. Richard Smith, in tlic 
said Province, having some time before sent letters to the severall governments and 
jurisdictions, and published printed papers, that all persons concerned, might have 
notice ; accordingly all appeared, except the Rhode Lslanders, who the same day 
of our Convention, did assemble their Generall Court, and sent one Capt'n Greene 
with a letter from them to prohibit our proceedings. Nevertheless, woe proceeded 
upon the execution of his Majestie's Commission. IMyselfe and the rest of the 
gentlemen, desired him to heare his Majestie's Commission read, and then he would 
know by what authority wee met there, which be refused cither to hear or take a 
copy of; and no sooner returned to the Court, but a ^L1rshall was sent to proclaim 
us an illegall Assembly, and showed so much undiitifulhiess and disrespect to his 
Royall Commission, that had wee not borne it with moderation, it might liave occa- 
sioned great mischief. They are a people utterly incapable of managing a govern- 
ment. These inclosed will sudlciently evidence their injnstice and male admin- 
istration. The Agents that they formerly empowered, were Capt'n Howldon and 
Greene, where, in a petition to his iNLijestie, they set forth, that the occasion of 
their troubles befell them, because of the consonancy of their judgments to the 
Church of England ; who are well knowne to be farr from it. As to the jjurchase 
they made of the Indian Kings for all the land of Rhode Island and Providence, and 
thereabouts, was only during the life of William Coddington and his friends; there 
bting but two living now, that can be called ])is fnends. the purchase being not 
made in the name of the government and their successors, must necessarily devolve 
upon his Majestic. When the King's Commissioners in the yeare 16G4, sat at 
Narragansett, it was then tearmed the King's Province, and wrested all the lands 
out of the governments of the neighbouring CoUonies, notwithstanding without 
Coll. Nicholls his being there, without whom there could not be a quorum; so conse- 
quently the act was invalid. Nor did Sir Robert Carr, Mr. ^Maverick and Coll. Cart- 
wright make any determination, only appointini* two justices of the peace, inhabit- 
ants of Rhode Island to be Conservators of the same, till his Majestie's pleasure was 
further knowne tlierein. I presume to recommend to your Lord^hiI^s the petition 
Oi" Thomas Partiiiige, a jKior and helpless man; they l<ec|) him fiDui hi?; falher'd 
po.ssps^ions. There is Christopher Almy, and severall others, that will address to 
your Lordships for relief ; tor tlieir Records and laws are so ki'pt, that none can 
know tliem, nor come to sec them, without much expcnce of money and time ;. and 
•when seen, are hard to be well understood. 



IGSo.] AND PROVIDENCE TLANTATIONS. 147 

When Mr. RanJolph came first into these parts to be Collector, kc, he brought 
■with him a commission from his Majestic, empowering himself and sevcrall others, 
with the Magistrates of llhode Island, or any five of them, to administer an oath to 
the new elected Governors yearly, to observe the acts of Trade and Navigation. 
Mr. Randolph was present when the Governor first took the said oath, and left the 
commission with one Mr. Brindley, who yearly presented it in Court and required 
observance thereof; which was performed till the Election in May, 1G82, and then 
the Governor (one Major Pelcg Sanford, who now comes over Agent with Capt'n 
Arthur Fenner) refused to do it before Mr. Brindley, but desired him to withdraw, 
and afterwards took it ; but would never deliver the Commission again. And as I 
am informed, their Assembly to whom it was not directed, have passed an act for 
the keeping it according to their minds. Their laws are so repugnant to the laws 
of England, so confusedly kept, and not publick, that it is very hard to come to see 
them. The laws of England arc denied to the inhabitants, saying, they have laws 
of their own making. Neither arc they under any obligation or oath, for they will 
not admit their Deputies to take an oath before they sit in Court to consult and act 
in the alfairs of the Corporation. Much more might have been said to your Lord- 
ships of the corrupt and unjust proceedings of that government ; and those persons 
that come over are declared enemies to the interest of his Majestic and lloyall 
Highness, and carried themselves as disrespectful! to his Majestle's Commissioners. 
And to speak impartially, the other CoUonies have not in their actions given any 
demonstrations of the contrary, and never will be otherwise till their Charters are 
broke, and the College at Cambridge utterly extirpated. For from thence those 
half-witted philosophers turne either Atheists or seditious preachers. So begging 
partlon of your Lordships for my tedlousness, 

I subscribe myself in all duty, my Lords, 

Your Lordships' most humble and obedient servant, 
(-Signed.; EDWARD CRANFIELD. 

(Addressed.) For the Right Honorable the Lords of the Committee for Trade 
and Foreigne Plantations in Whitehall. 

(Indorsed.) New Hampshire, 19th Oclobcr, 1G83. From I\lr. Cranficld to the 
Conmiittec. 

Conmiisslon for examining claimes to the Narragansett Frovlncc, executed. 

Letter from the Governor of Rhode Island to Charles the 2d, toiich- 
iu(j proceedings upon the Narragansett Commission. 

Dread Sovereignc : Wee, your Majcstie's siilijects, of your 
Majestie's Collony of Rhode Island and Providence Planta- 
tion.s, most humbly prostrate our selves at your Majestie's feet, 
presenting our addre.sse to your most excellent I\Iajestic, de- 
clareing that formerly wee readily received your Majestie's 
most Honourable Commissioners, Collonell Richard Nicholls, 
Ttobort Carr, Knight, Cullonell George Cnrtwright and Samuell 
!^I ivciick, Esq'rs, which Honoured gentlemen, although com- 



148 RECOrxDS OF THE COLONY OF RHODE ISLAND [1G83. 

missionatod l)}^ your Majestic, yet iiutwithstaiuling tlicy 
brought us your i\Iajcstie's llo^'all Letters, to acquaint us 
therewitli, \Yere so courteous as to present your commission 
under the broad scale to our view, before they acted in any 
thing in this }'our Majestie's jurisdiction. Whereupon wee re- 
ceived your lloyall letters from your Court at Whitehall, 
bearing date the 23d of Aprill, 16G-:t, and in the sixteenth 
yeare of your 2^Iajestie's reigne ; the otiier bearing date the 
10th of April], 1G66, and in the eighteenth yeare of your ]\Iaj- 
estie's reigne, manifesting how well 3'ou were pleased tliore- 
with ; with such gi'acious expressions, th;it would melt the 
heart of your subjects, so to prostrate themselves and all their 
conccrnes at your Majestie's feet. It was our earnest desire 
that we might have been as well capacitated to have received 
the Ttonoured Edward Cranfield, Esq'r, Lieutenant Governour 
and Commander-in-Chief of your jNIajestie's Province of New 
Hampshire, and his associates, said to be commissionated from 
your jMajestie, to inquire into the titles and claimes as well of 
your ^Majestic as others in your Province. Provided, they 
would have produced your ^Majestie's commission to our view, 
being dem;inded as the aforesaid Connnissioners, Collo- 
nell Nicholls and associates did without demand. Notwith- 
standing these brought not your jNLijestie's lloyall Letters for 
confirmation thereof, that so wee upon perusall thereof, might 
as wee had provided ourseh^es, been enabled to answer your 
Majestie's will and pleasure therein, and for the end and pur- 
pose transported the duplicate of our Patent, together Avith 
severall of }'our [Majestie's Poyall Letters jind all other records 
of greate concerne from Pvliode Island to the towne of AVarwick, 
ncerc unto the King's Province, where our Generall Court was 
conveancd, and for the better effecting of the matter, the Court 
adjourned to Capt'n John Fones his house, at Narragansett, 
neare where the aforesaid gentlemen appointed to meete, but 
your iMajestic's authority heere, after all endeavours, not ol> 
taining a sight of their commission, could do no less but pro- 
hibit the said Commissioners in your ^Majestie's name for making 
any further proceeding ; and have herein enclosed, sent your 



108-4.] AND rnOVIDENCE PLANTATIONS. 149 

Majestic a copy of the pretended siiinnioiis, as iilso our letter 
desiriu^^- tliciii to show us tlieir cornniir^siou, together witli a 
copy of our Prohibition and llenionstranco ; and intend with 
all convenient speed, to make our further api)lication to 3^our 
gracious xMajestie, and to give as full inforni;ition concerning 
the state of matter that concerns 3^our Majestie's interest, and 
your subjects' peace and safety in this said Collony, as we 
are a])le. 

So we take leave, humbly desiring the God of heaven to 
give your Majestic a long and prosperous reigne, and remaine 
Your humble subjects and supplicants, 
(Signed.) WILLIAM CODDINGTON, Gov'r. 

By order of the Generall Assembly. 
Newport, on PJiode Island, October the 19th, 1G83. 
(Address.) To our Dread Sovcreigne, Cliarles the Second, 
King of Great Britain, Scotland, France and Ireland, &c., 
humbly present.'--' 



PrGcecdings of iJic Gcncrall AssemU/j held for the Collony of 
rjiode Island and Providence Flantations at jycvport, iJie 
Wi of May, 1GS4. 

Mr. William Coddington, Governor. 
Mr. "Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Mr. John Easton, Mr. John Coggeshall, 

Ish. Caleb Carr, Capt'n Arthur Fenner, 



J. Carter Bro-.vu's Mss., Vol. IV. Nos. 177-SO, 183, 185. 



150 



RECORDS OF THE COLONY OF RHODE ISLAND, [1G84. 



'Mv. Joscpli Jencks, 
Mr. Richard Arnold, 
jMajor John Albro, 



ASSISTANTS. 

Mr. George Lawton, 
Capt'ii Juliii Greene. 
Mr. Benjamin Barton. 



DEPUTIES 

Tor JYcH'jJort. 
]\Ir. James Barker, Sen'r, 
Mv. Edward Tluirston, Sen'r 
jMr. Thomas Ward, 
ISh: Walter Rubary, 
Uv. Phillip Smith, 
i\Ir. John Woodman. 

Tor Providence. 
'Mv. Stephen Arnold, 
Mv. John Whipple, Jun'r, 
Mv. Henry Brown, 
Mr. Epenetus Olney. 

Tor Portsmouth. 
Mv. AVilliam Wodell, 
Mv. Francis Bra3'tun, 
Mv. Caleb Arnold, 
;Mr. Ro])crt Dennis. 



Tor Witrii'iclc. 
Mr. Benjamin Smith, 
Mv. Thomas Greene. 
Mv. Samuel Gorton, 
Mr. ]Moses Lippitt. 

Tor Westerly. 
Mv. JeHroy Cham pi in, 
Mv. John Badcocke, 

Tor A^cw Shorcham. 
Mr. John Rathbone. 
Tor Kings Towne. 



Tor Tiist Crccmi'ich. 
Mv. George Vangiian, 
jMr. Thomas Fryc. 

Tor James Toinic. 
Mv. Ebenczcr Slocum. 
Mv. Calel) Carr, Jun'r. 



Mv. Walter Clarke, Deputy Governor, chosen Moderator. 

John Sanford, Recorder, chosen Gierke. 

Voted, Jonathan Holmes, Edward Pelhani, V/illiam Brcnton, 
John Rodman, John Harding, Andrew Willitt, Ralph Cha[)man, 
Ji.ihn Tiliinghast, John Headly, S;unuell Stapleton, Daniell 
Gould, Jun'r, John Godfrey, SamucU Cranston, and Charles 
Crosthwaite, all of the towne of Newport, are admitted freemen 
of this Coliony. 

Voted, Robert Lawton, Thomas Hassard, Josepli Sheflield, 
AVilliam Correy, Ftichard Cadman, Jacob Mott, Jun'r, William 
Browninge and Stephen ^Manchester, all of Furtsmouth, are ad- 
mitted freemen of this Coliony. 

Voted, This Asseudjly is dissolved. 



1684.] 



AND TROVIDEXCE PLANTATIONS. 



151 



Af ilic Gcncrall Asscmblij and Election held at Xc-'rpnri^ the ItJi of 
May, 1G84. 

The Assembly consisted of the abovc-^vritten Governor. Dep- 
uty Governor, Assistants and Depntys. 

The Deput}' Governor chosen jModerator. 

The Ivecorder chosen Gierke. 

The Charter openly read. 

Voted, The Ivecorder shall write the names ofnll those tliat 
bring in their votes for Governor. 

Voted, That Mr. TJionias Ward and Lient. Francis I5ra}-ton, 
shall receive the votes from each man's hand, and see that noc 
deceipt be used, and pnt the votes into the Jiat. 

Voted, ^Major John Coggeshall and ]\Iajor Jdhn Greene are 
to open the proxies, and as the Election proceeds, put the votes 
into the hat. 

Voted, That the Election proceed. 

13}^ the Election was chosen the following, who were sever- 
ally engaged. 



GOyEIlNOR. 

■Mr. William Coddington, 

DEPUTY GOVERNOPl. 

^Ir. Walter Clarke. 

ASSISTANTS. 

]Mr. John Easton, 
^Ir. Caleb Carr, 
]\Ir. John Coggeshall, 
Capt'n Arthnr Fenner, 
^Ir. Joseph Jencks, 
I\Ir. Richard Arnold, 
i\[ajor John Albro, 
I\Ir. George Lawton, 
]Major John Greene, 
Mr. Thomas Greene. 



RKCOrvP-EU. 

John vSanford. 

GENERAL SERGEANT. 

i\lr. Edmund Calverly. 

GENERAL TUEASURKI^. 

I^Ir. Weston Clarke. 

GENERAL ATTORNEY. 

i\Ir. Jolni Pococke. 

GENERAL SOLICITOR. 

]Mr. John Pococke. 

MAJOR FOR THE ISLAND. 

i\Ir. John Coggeshall. 

MAJOR FOR THE MAINE. 

MaJDr John Greene. 



152 RECORDS OF THE COLONY OF RHODE ISLAND, [1GS4. 

^'otcil, Thi.< Assembly is adjourned till to-niorro^v morningOy 
eight of the clock, or second ring of the bell; tlien to meet and 
sit at the now dwelling house of John Davis, in the room that 
usually the Court usetli. 

3Ia)j the Sih. 

The Assembly called and sat. 

^'oted. By reason of our Honoured Governour's illness, this 
Assembly adjourned to sit in the Governour's house, in order 
to his engagement to the place and office of Governour for the 
yeare ensueing. 

The Assembly called and sat at the GoA'crnor's house. 

The Governor engaged, and also took the oath, aecording to 
tlie act, for Trade and Navigation. 

The Assembly adjourned to meet and sit again, at the house 
of John Davis. 

il% t/ie lOlh. 

At the house of John Davis, the Assembly called and sat. 

Voted, iMr. Caleb Arnold, by the Election, chosen an Assist- 
ant, and in this Assembly declared that he v/ould not engage 
uuto the office ; thci-elbre, the Assembly agree and order, to 
inoceed to the election of another in his roome, or stead. 

}dr. William Wodell chosen Assistant, who positively de- 
nying to engage, the Assembly doe order to proceed to the 
election of another in his roome, or stead. 

]\Ir. George Lawton chosen Assistant and engaged. 

Voted, AVhercas the free inhabitants of lUiode Island, the 
tt■^vne of Proxidence, and Warwick, and sundry otlier i)laccs 
;i]jacent to tlie Narragansett Bay,'in New England, in America, 
(lid re(|uest and a[)i)oint and employ their vvx-U-beloved friend, 
John Clarke, late of 2Sewport, on Rhode Island, aforesaid, de- 
<'..:ised, in his life time to be their Agent in the Kingdom of 
England, to make sup[)lication on their bclialib, to his jJost Ex- 
cellent Majesty, Charles the Second, King of P]ngland, Scot- 
biud. Franco, and Ireland, and the dominions thereun.to belong- 
ing, &c., that his ]\Iajesty would be pleased to grant the said 



1GS4.] AND rnOVIDEXCE PLANTATIOXS. 153 

fivo iuliabitaiits his Lotlcrs Pattouts, nf Tiicnrporation, wliieli lio, 
the said John Clarke, in the Kiii_!;-(loiii of Kii^iihiud did of liis 
Maje.sty claiiuo on their behalfc, ihitcd Westniiiister, tlio Slli of 
Juiv, in the fifteenth ycare of his ^Lijestj-'s reignc, in and by 
Avhicli said Letters Pattonts, his ^lajesty was graciously pleased 
to grant unto the said freemen that they should forever be a 
body politick and corporate in fact and name, by the name of 
the Governor and Company of the English Collony of Phode 
Island and Providence Plantations, in New England, in Ameri- 
ca. And to grant unto the said Governor and Company, and 
their successors, kc, all that i)art of his dominions in Now 
England, in America, c(»ntaininge the Nihantiek and Nanlii- 
gansctt, alias Narragansett Pay and countrys and parts adja- 
cent, bounded (as mentioned in our Charter), and in perticku- 
l:ir the lands belonging to the townc of Providcnijc, Piivrtnxelt, 
AA'arwlck, Misquamacuck, alias Pau.juatuck, and tlie rest of the 
main lands, contained in said grant ; with Pliodo Island, Plock 
Island, and the rest of the Islands, &c. : to have and to hold the 
same unto the said Governor and Company, and their success- 
ors forever, upon trust, for the use of themselves, and their as- 
sociates, freemen of the said Colhun^, their heires :md assigncs, 
as d(.)tli more at large appear by the said Letters Pattents. 
And whereas, in the beginjiing of this Plantation. ;ind iiiijirovc- 
mont of tlie lands within this Corporation, when the lands were 
ofsmd! value, being unim[)roveil ; a.nd also for want of scribes 
lluit were skilful in making conveyances, according to the for- 
maiilies in use : by reason whereof, great troul)lG and damage 
may ensue to the rightlul owners of such Lnids, wlio have been 
at great charge to improve theiii. And upon the serii/us con- 
sideration of the premises, this Assemldy have thouglit meet to 
conllrm the lands in this Corporation to the first freemen of the 
said towns, their associates and derivatives, a.nd tlieir heires, 
and assignes, for ev^r, in the same state and tenure as granted 
to us. 

Be it further enacted, and it is ordered and enacte;l by this 
A--sombly and the authority thereof, tliat adl and singula.r the 
1;; nds of llhode Island, with other lands according to custom, 



15^ llECORDS OF THE COLONY OF lUIODE ISLAND, [1GS4. 

shall be and remain fur ever in two townships, alrcad}^ known 
by the names of Newport and Portsmonth ; and that the last line 
agreed npon between the freemen of each of the said towns, 
shall be the dividing line between the said townships on llhode 
Island. 

And also be it fnrther ordered and enacted, by the anthority 
aforesaid. That all and singnlar the lands that have already 
been granted by the freemen of both or either of the said 
towns of Newport and Portsmonth, within the precincts of the 
said townships, to all and every person or persons, or either of 
them, shall be deemed and taken to be firm, good and snlli- 
cient, to and for the said grantees and every of them, their and 
every of their heirs and assigns, to make or canse the said 
lands by the said freemen, to them and every of them granted, 
to be a good and clear estate of inheritance in fee simple for 
ever, in free and common soccage, according to the said Letters 
Pattents to ns granted. 

And also be it fnrther ordered and eiiactod l)y the anthority 
aforesaid. That all and singnlar the lands now possessed and 
occnpied by the said grantees, their heircs or assigns, or any 
other })erson or persons, now in fence within the [irecincts of 
the said townships of New[)ort and Portsmonth, or either of 
them, shall ])e and remain nnto the present proprietors, and 
their heirs and assigns, for ever. Notwithstanding there may 
be more or less lands therein contained than by grant or grants 
may appear ; except highways and snch lands as have in a 
pnblick maimer been claimed and contended for by the said 
freemen, shall from henceforth be deemed and taken to be the 
trne and lawfnll property in fee simple of the said persons and 
their heirs and assigns for ever, soe inclosing and possessing 
the same, eitlier by themselves or their assignes. And that 
from hence forward, the said freemen or their snccessors, con- 
sidered as a body or company, shall have no right, claim or 
canse of action in or nnto the said lands, or hereditaments in- 
closed as aforesaid. Reserving, notwithstanding any thing 
herein expressed, to all and eveiy pertickiilar person or per- 
sons their respective, lawfnl perticknlar claims. 



1G84.] AND PROVIDENCE TLANTATIONS. 155 

And also be it further ordered and enacted by tlic autliority 
aforesaid, That all and singular the lands lying and being un- 
divided or connuon within the precincts of each of tlic said 
townsliips, shall be deemed and taken to be the property of 
every freeman of the said tov/n, as such and their successors, 
freemen of the said towne, for tlie time being. And that the 
freemen of the said town of Newport, have also libert}^ in their 
publick town meetings to grant and dispose of the said undi- 
vided lands, according to their usuall custom. 

Voted, Upon the petition of Thomas Gould, of Kings Town, 
to this Assemlily, it is ordered, that the said Thomas Gould 
complying witli the sentence of the Generall Court of Tryalls, 
hehl in Newport, in March last, tlie said Thomas Gould hath 
his lil)erty to return to his habitation at Kings Town, in the 
Narragansett, he behaving himself civilly, according to his 
bonds. 

A'oted, The Assemld}-, on serious consideration, see cause to 
adjourn until the last Tuesday in June next, which will Ije the 
2-lth day of said month, then to assemble again at the now 
dwelling house of John Davis, in Newport; but 3'et if any ur- 
gent occasion present, then b}^ vertue of the Governor's M'arrant, 
or in his absence, or by his permission, the Deput}^ CJovern- 
or's warrant, to assemble sooner. 

Tvesdiuj. June 2Wl 
According to the aforesaid adjournment, the Assembly met. 
Voted, Whereas our Honored Governor hath presented to 
this Assembly .a gracious letter from his sacred Majesty, with 
a letter from the Right Ilonouralde Sir Lcolinc Jenkins,, one of 
his Majesty's Principal Secretarys, with a Proclamation by his 
^lajesty's special command, for the suppressing Privateers, and 
Pirates, this Assembly in all due obedience to his ]\Iajesty's 
Ptoyall commands,-and therein to prove themselves liege sub- 
jects, doe order and determine, thtit the said Proclamation be 
forthwith published in the town of Newport, by beat of drum ; 
and the Recorder is appointed to read 'the said Proclamation at 
three of the most publick places in said Newport. 



150 RECORDS OF THE COLONY OF RHODE ISLAND, [1GS4. 

Voted, By virtue of his ]^Lije.sty's gnicion.-; Icttei's to this 
Cunuii}', IVom liis Court at Newmarket, ])eai'iii_L;' date the 8th 
of ^ifareli, IG80— 1, Avith (hreelioiis for tlie estidjlisliiii,^- a law- 
fur the suppressing of Privateers aiul Pirales, this Assoudjly 
in due uhedicnce to Ids I^Iajost}', and the jireserving of the 
peace of his loyal sul)jects, doc enact this following, namely : 

An act for the restraining and punishing Privateers and 
Pirates. 

AVhercas, nothing can more contribute to his sacred jNIajes- 
ty's honour, tlijin that such articles as arc concluded a.ud agreed 
upon in all treaties of peace, should by all his r\Iajesty's sub- 
jects according to their duty, Ije most inviolably preserved ami 
kept, in and over all his Majesty's dominions and teritories. 
And Avhereas not only against such treaties of peace made by 
his jMajesty with his allies, but also contrary to his j\Iajesty's 
Iloj^al Proclamations severa.ll of his subjects have and do con- 
tinually go off from this Collony unto foreign Princes' services, 
and sail under their commissions contrarN^ to their duty and 
good allegiance, and by fair means cannot be restrained from 
so doing. 

Ue it therefore enacted by this Assembly and the authority 
thereof, and it is hereby enacted by the authority of the same, 
That from and after publication hei'eof, it shall bo fellony for 
any person which now doth, or within four years last past 
heretofore hath or hereafter shall inhalnt or belong to this Col- 
lony, to serve in America in any hostile manner, under any for- 
eign Prince, State or Potentate, or any employed under any 
of them, against any other foreign Prince, State or Potentate, 
in amity with his }>Iajesty, without special lycence for so doing, 
under the hand and seal of the Governor, or Commander-in- 
Chief of this Collony for tlie time being. And th;it all and 
every such offender or offenders contrary to the true intent of 
this aent, being thereof duly convicted in any of his ^Majesty's 
Courts of Judicature within this Collony, to which Court au- 
thority is herob}^ given to hear and determine the same, as in 
other cases of fellonj', shall sulTor pttins of death, without bene- 
fit of the clergy. 



16S4.J AND mOVIDENCE TLANTATIOXS. 157 

rr<«vi(led novertliolcss, Tliiit this act nor r.ny tiling tiiorciii 
coiitained, sh;ill extend to any person or per^foiis which now 
are ur have been in the service and cinph)ynicnt of any foreign 
Prince, State or Potentate whatsoever, that shall retnru tu this 
Collony, jind leave ;ind desert such service and eniplo^'niont he- 
f.iro the twenty-ninth day of D.>cenil)er next ensueing, r(>nder- 
ing liicniseives to the Govern(»r or Connnand.er-in-Chief for the 
time l)cing, and giving him sucli security as he shall appoint 
for tlieir luture good behaviour ; and also that they shall not 
depart this Collony without the Governor's leave. 

And for the better and more speedy execution of justice 
upon such who, having committed treasons, piracies, fellon3^s, 
and otiier offences upon the sea, shall be apprehended, in, or 
brought prisoners to this Collony. 

1)0 it further en;ictod by the authority aforesaid, Thia.t all 
treasons, fellonies, piracies, robberies, murthers, or confedera- 
cies, (ximmitted or that hereafter shall be connnitted upon the 
sea or in any haven, creek, or bay, shall be inquired, tryed, 
heard, determined and judged witliin this Collony in such like 
form as if such offence had been committed in or upon the 
land. And to that end and purpose, commissions shall l)e had 
under the King's great seal of this Collony, directed to the 
Judge or Judges of the Admiralty of this Collony, for the time 
bciiiig, and to such other substantiall persons, as by his Majes- 
ty's Governor or Commander-in-Chief of this Collony for the 
time being, shall ])e named or ai)pointed: which said Commis- 
sioners or such a rpu.irum of them, as by such Commission shall 
be thereunto authorized, shall have full })Ower to do all things 
in or about the inrjuiry, hearing, determining, adjudging and 
punishing of any the crimes ;md oHences aforesaid, as any Com- 
missioners to be appointed by conunission under the great seal 
of England, by virtue of a statute made in the twenty-eighth 
year of the reign of"King IL, 8, are empowered to doe and exe- 
cute within the Kingdom of England. And that the said of- 
fenders which are or shall be apprehended in, or brought 
prisoners to this Collony, shall be lyable to such order, process, 
judgments and execution by virtue of such conunission to bo 



158 KIvl'OIlDS OF THE COLONY OF RHODE ISLAND, [1G84. 

gRtuiukMl upon this act, as might bo tiwarded or given against 
tlicMu. if thov wore itrocoodod against within the realm ofJMio- 
hind, l»y virtne of any commission grunnded upon the said 
statute. And all tryalls heretofore liad against such criminall 
or criminalls before any Judge or Judges, by virtue of such 
commission or authority at any time heretofore granted, and 
all ]u'occcdings thereupon, are hereby ratified, confirmed and 
adjudged lawfull. And all such Judges with all and every the 
inferior ollicers that have acted thereby, are hereby indemnihed 
to all intents and purposes Avhatsoever. And in case they 
or any of them shall at any herealter be sued, vexed, moUest- 
ed or troubled for any such their proceedings, as aforesaid ; he 
or they so sued, vexed, or mollested, shall plead the generall 
issue, and give this act in evidence, any law, statute, custom or 
usage, to the contrary in any wise, notwithstanding. 

And be it further enacted by the authority aforesaid. That 
all and every person or persons that shall .any way knowingly 
entertain, harbor, conceal, trade, or hold any correspondence by 
letter, or otherwise, wtth any person or ]»ersons, that shall be 
deemed or adjudged to be privateers, pii-ates. (»r other olfend- 
ers, within the construction of this act ; and shall not readily 
to the best of his or their power, to appreheiul or cause to be 
apprehended, such oflender or olfenders shall be lyable to be 
prosecuted as accessaries and confederates, and to sutler such 
pains and penalties, as in such case by law is provided. 

And for the better and more elfectual execution of this act, 
be it further enacted by the authority aforesaid, that all com- 
missioned ofticers in their severall precincts within this Collo- 
ny, are hereby required and empowered ujjon his or their 
knowledge or notice given, that any pirates or other })erson3 
suspected to be upon any unlawful design, arc in any })lace 
within their respective precincts to raise and lev}' such a mnn- 
ber of well armed men as he or they shall think needful for 
the seizing, apprehending, and carrying to jail all and every 
such })ersoii or persons. .Vnd in case (jf an}' resislance or rel'usall 
to yield obedience to his .Abijesty's juitiiorit}', it shall be lawfull 
to kill or destroy such person or persons ; and all and every 



1684.] AND PROVIDENCE PLAKTATIONS. 159 

person or persons that shall oppose or resist by striking or firing 
upon any of the commanded parties, shall be deemed, taken 
and adjudged as fellons, -without benefit of clergy. And every 
such otlicer that shall omit or neglect his duty herein, shall for- 
feit fifty pounds currant money of this Collony )jy bill i)laint, 
or information, wherein no essoign wager of law or protection 
shall be allowed ; one moiety thereof to be to our Sovereign 
Lord the ICing, his heirs and successors, for and towards the 
support of the government of this Collony, and the contingent 
cliarges thereof; and the other moiety to th.c informer. And 
all and every persons or persons that upon orders given him or 
tliem, shall refuse to repair immediately with his or their arms 
well fixed, and ammunition, to such place or jdaces as shall be 
ap})ointcd by said oflicer, and not readily obey his connnand in 
the execution of the premises, shall be lyable to such fine or 
corporal punishment as by a regimental court u\arliall shall 
be thought fit. 

Voted, That the act of this Assembly for the suppressing 
privateers and pirates, &c., is ordered to be forthwith published 
in the town of Newport, by the llecorder, with drum and at- 
tendance. 

A^oted, Forasmuch as there is to this Assembly a complaint 
presented by John Borden, of the town of Portsmouth, that he 
is unjustly mollested and arrested in fiillacious manner, for 
maintaining the true right of this his ^^Lijesty's Collony, against 
the intrusions of the authority of Plymouth Collony, this As- 
sembly seriously considering the matter, do refer the consider- 
ation thereof to a Committee to draw up their residt thereon, 
and present to this Assembly for approbation. 

The persons chosen, are the Deputy Governor, jNIajor John 
Greene, ]Mr. James Barker, Mr. William Wodcll, Mr. Caleb 
Arnold, Mr. Benjamin Smith, and the Recorder ; they, or the 
major part of them. ' 

Voted, That a letter drav.-n up l)y the Commitco is approved 
on. and ordered to l)e sent to the government of Plymouth, and 
shall bo transcribed by the Recorder, and l)y him also signed. 

Voted, Whereas there hath been to this Asseml^ly presented 



160 RECOIIDS OF TUB COLONY OF RHODE ISLAND, [1G84. 

a petition from Ilcnry Tibbitts, with the complaint that sonic 
ofliecrs that Thomas GoukI, who was I'y the last Court of Try- 
alls sentenced, and by this Assembl}^ enlarged ; ho, the said 
Gonld, hath not perf<n-med the Court of Tryalls' sentence, and 
thereby forfeited his enlargement, this Assembly do order that 
for the preservation of his Majesty's peace, warrant be forth- 
with issued from tlie Governor to any Constaljle or Constables 
he thinks fit, to apprehend the said Thomas Gonld, and bring 
him lieforo this Assembly, or before the Honored Governor or 
Deputy Governor, to answer to such charges al lodged against 
him. 

Voted, The Deputy Governor, ^Ir. Joseph Jencks, and Ma- 
jor John Greene, are chosen a Committee, they or the major 
part of them, to draw up our humble presentation unto his Maj- 
esty, therein to signify our loyall obedience to his jNIajesty's 
commands, in his letters bearing date the 8th of March, 1683-4^ 
together with his Ivoyall Proclamation against privateers and 
pirates, hath accordingly in this Collony been proclaimed and 
ol)served. And also some lines to the Ilonoralile Sir Leoline 
Jenkins, one of his ]\Iajesty's Principal Secretaries of State. 

Voted, The Committee having presented the letter to his 
Excellent Majesty, and a letter to Sir Leoline Jenkins one of 
his Majesty's Principal Secretaries of State, are Ijoth approved 
on by this Assembly. 

Voted, In answer to the petition of the inhabitants of New 
Shoreham, bearing date June the 24t]i, 1GS4, wherein tliey 
crave that they may not be denyed those priviledges that other 
towns do or ma}' enjoy, &c., this Assembl}' do declare that they 
will not aliridge them of their liberties formerly granted them, 
as well as to other townes in this Collony, not questioning Ijut 
they will make good improvement thereof 

Voted, In answer to the petition of Simon ^ledus, David 
Brown, and associates, being Jews, presented to this Assembly, 
bearing date June the 24th, 1G84, we declare, that they may 
expect as good protection here, as any stranger, being not of 
our nation residing amongst us in this his Majesty's Collony? 
ought to have, being obedient to his Majesty's laws. 



}G'84.] AND rROVlUKNCE PLANTATIONS, 161 

A'oiih], ^[.MJoi- JnliH Coo-o-c.sh;ill, iiU(I ^[;ijor John Ureeiio. arc 
uiii)()iiit<Ml a CoiDiuittec lo iiis[)ec( and ma!:(' up all accounts 
with ilic lato Ti'casurer, Maj(»r VqIc.;; iSanloiNl, and tlie i)i'e.-ont 
Trcasurci-. \Ve>ton Clarke, eouccrning all matters of accounts ; 
and in espcciall conccrninj^- the l)ai-k Wliitc\v(tod, and the lioat 
uhoreiu there were scverall pirates or privateers seized with 
their gnus, &c., and the Coiuniittec nibresaid, are hereby al- 
lowed two shillings, six pence per day. and their victuals and 
driidv, to 1)0 defrayed out of the said goods for every day the}' 
attend upon the making up the said accouu.ts, an<l make a true 
return of their })rocecdings to the next Oenerall Assembly ; 
and the said Committee to appoint the time and place of their 
first meeting, and so from time to time, until the matter be ac- 
com[dished according to tlic time appointed to make their 
returne. 

And further it is ordered. That upon tin; <lcliAery by Major 
Peleg Sanlbrd, of what is in his hands, above mentioned, to the 
Generall Treasurer, Weston Clarke, the Generall Treasurer's 
receipt shall be his discharge ; any former onler in this Collon}^ 
to the contrary hereof, notwithstanding. 

Voted, In ansvrer to Cln-istopher Almy's petition to this As- 
sendjly, seriously considering the matter, do judge that the 
matter doth not concei-n them, but if tlie said }ietilioner do 
judge he hath been wronged Ijy any oilicer or oihcers. he hath 
his liberty of iiroceeding against him or them in a legal way, 
by prosecution according to law. 

Voted, Ordered, that the next Generall Assemldy l^e held 
for this Collony, the last Wednesday in October, to l)e kept at 
Warwick, and that for the future it be held and ke])t at Provi- 
dence and Warwick tovrns l)y turns aniuially. til! fnrtlicr 
order. 

A'oted, Ordered, that in case the Major of the Island, or 
the !Major of the main land, see cause to require their lespec- 
tive towns to meet in way of a generall mustc)-. the towns (f 
the Island on the Island, and the to\yns of the main land, in 
this CoUony, there so meeting, shall excuse them from n.;eet- 

VOL. III. 11 



I'-'ili UlViiKUS OF THE COLONY OF llUODl] ISLAN'D, [1084. 

iiig two training days next ensuring sucli goncrall nuistor. 
the rlrction day only excepted. 

\'(ited, Tliis Assendjly liaving taken into tlicir consideration 
the Cullony's debts, and finding that Avithout some speedy 
course be taken to raise moneys, to supply the CJcncrall Trea- 
sury, the government of this his Majesty's Collony eannot sub- 
sist, therefore this Assembly do declare to the severall towns, 
that of necessity a rate ought to be made the next Assembly^ 
that so they might provide by their Deputies therefor ; and for 
what else may appear. 

Voted, Ordered by this Assembly,, that all future rates that 
shall be made in this Collony, or towns, shall be gathered up 
by the Constables of each respective toAvn and place, to whom 
it shall be directed by warrant ; and he shall deliver in the 
Collony rates to the Generall Treasurer, and the town rates to 
the Town Treasurer, by the respective times appointed for de- 
livery ; and the Treasurers' receipts shall be his or their dis- 
charge. And he or they shall be allowed two shillings upon 
the pound in like pay as the rate is, for his services; and in 
case any person refuses to pay their rate upon demand, the 
Constal)le shall make distraint, taking aid. if need require, for 
the respective rate, and also for his fac^ more than the rate as- 
sessed for making distraint ; which fees shall be one shilling, 
of like })ay as aforesaid, of each person he distrains on, be their 
assessment more or less. And in case the Constable or Con- 
stables neglect or refuse to gather up and deliver in the re- 
spective rates to the Treasury, whereunto it belongs, he or 
they shall l)e lyalde to pay the double of what Iiis or their fees 
ought to be. 

M/ 2m, 1GS4. 
A'oted. AVhi?reas Thomas Gould, of Kingstown, is brooght 
before the Governor and Councill, sitting in this Assembly, 
Juh' the 2d, 1084, to answer for his not complying with the 
sentence of the late Court of Tryalls, in ]March last past, by 
satisfying the charges of the Constables and aid, as it appears 



1G84.] AND rROVIDf:NCE PLANTATIONS. 163 

iiiulcr tlic liands of John Andrew and Dauiell Yernon, Consta- 
l)lus, and Jolni Low ; as also by reason of a petition presented 
l)y Henry Tibbitts. And he being examined coneerning the 
premises, did in the presence of the Assembly, instead of giv- 
ing a snbmissive answer therennto, in contemptnons manner 
misbehave himself to the Court and members thereof, and de- 
parted without leave. 

Therefore, this Assembly, taking the matter into their seri- 
ous consideration, and forasmuch as he hath abused that favor 
granted him by this Assembly, do therefore order, that the 
late act made for his enlargement be repealed, and that he be left 
in the Generall Sergeant's custody, to perform the sentence of 
the Court ; and that Edward Thurston and Samuell Cranston 
may have their l)onds released, if they desire it. In open As- 
sembly Mr. Samuell Cranston desired to l)e released of his 
bond. 

Voted, The case betwixt John Williams and Shuball Painter, 
is referred to the next Generall Assembly, by reason that Shu- 
ball Painter is absent, being employed about the country's 
service. 

Voted, Sergent Edmund Calverly's bill, amounting to the 
sum of eight pounds, two shillings, and eight pence, for service 
done for the Collony, is owned and allowed, and ordered to be 
paid by the Generall Treasurer. 

Voted, Henry Lilly's bill, for service done for the Collony, 
since the Assembly in May, 1679, the partickulars having been 
perused, this Assembly do allow him tlie sum of twelve })0unds, 
to be paid out of the Generall Treasury. 

A^oted, John Sanford's bill for service done for the Collony 
as Recorder, and Secretar}', from May, 1G82, amounting to five 
pounds, five shillings, in or as money, is alloAved, and ordered 
to be paid by the Generall Treasurer. 

Voted, That the Ilecorder, as Gierke of this Assembly, is al- 
lowed ten shillings, to be paid unto him out of the Generall 
Treasury. And shall have from each town in this Collony, the 
sum of ten shillings money, for copys of tliis Assenddy's acts, 



164 RECOKDS OF TIfE COLOXV OF RHODE ISLAND, [1684. 

under the seal ol' the Collouy ; and that capys be willi all ex- 
pedition issued forth, and sent to each tov;n. 
Voted, This Assembly is dissolved. 



Procccclinr/s of iJic Gcncrall Asscmhli/ held for the Collomj cf 
Ilhode Island and Providence Fkiniations at Warn'icic, ihc 
2Wi daij of Ocloher, 1084. 

The Deputy Governor, Mr. Walter Clarke, chosen ]\lod- 
erator. 

The Recorder, John Sanford, chosen Gierke. 

Voted, Upon the petition of Phebe Cook, the wife of John 
Cook, late of the town of Warwick, for a divorce from her said 
husband. And it appearing to this Asseml)ly, that for severall 
years past, tlie said John Cook hatli absented himself from his 
said wife, and hath not as he ought, provided and allowed 
maintenance to his said wife and children ; and also l)y three 
evidences produced in this Assembly, it appearing that the 
said John Cook is married to another, or at least livetli with 
another woman, owning her to be his wife, in the Island of New 
Providence : and also it being well kno^v•n that the said John 
Cook lived a deboist life in this Collony, and denyed his said 
wife Phebe ; and on certain information, nnderstanding that in 
this country he twice endeavored to be married to others. 

This Assembly on the serious consideration of the matter, 
and in answer to the justice of the petitioner's request, do see 
just cause, and hereliy do grant and determine an absolute di- 
vorce, and clear separation unto the said Phebe Cook, from her 
said husband, John ook. And this Assembly order, that the 
evidences or true copys of them, be kept on record, and the pe- 
titioner to bear the charge. 

And it is further ordered by this Assembly, That the goods or 



1GS4.] AND PROVIDENCE rLANTATIOXS. IGo | 

chattels, and the profit of the Liiuls of the said John Cook, that | 

avo ill this Conony, shall he hy said Pliehe possessed and iiu- \ 

})ruved towards the niaiiiteuaiice of her cliildreu initill her chil- I 

dri'ii come of age, or iintill further order. t 

A\)tcd, For an addition to the Generall Sergeant's jtower of ' 

gatliering former rates, and Constables' power for the gather- [ 

ing future rates, ordered, that the Sergeant and Constaljles have • 

power to press two or three men to go with him or them to 
aid and assist them or either of them, in the seizure of those 
rates that are refused by any person or persons, to pay their 
partickular rates ; and the Sergeant and Constable with the 
rates his levying or straining fees, and two shillings from each 
person for the men he or they press to go with him or them, 
to seize said rates. 

Voted, A rate to be made for one hundred and sixt}- pounds, 
in money, or pay equivalent. 

It is further ordered, That if any person in au}^ the respec- 
tive towns have ought due to him, from the Collony, and desire 
to be paid either out of his own rate, and the rate assessed in 
tlie town where he dwells, in case ho makes it appear to a 
jNIagistrate in the town where he dwells, what is his just due 
by order or bill from the Generall Assembly, tlien the Consta- 
Ijle, upon the ^Magistrate's approbation thereof, shall discount 
and oilsctt so much. Alwjiys provided, tiie Constal)lc return a 
due account thereof to the Generall Treasurer, that he may 
koe}) account thereof; who shall have half sallary for his pains 
in keeping the accounts so returned. 

Voted, In answer to ]\Ir. John Williams his petition, con- 
cerning Shuball Painter, the Court taking the matter into sea- 
rious consideration, do find that the proceedings in the Court 
of Tryalls in r^Iarch and Se})temher, IG83, for vrant of due no- 
tice given to said Williams, was not so regular as it ought to 
have been ; and -therefore do leave them, if they cannot other- 
wise agree to a due course of l;iw. 

Voted, In answer to Abraham ]\Ian's petition, the C(turt al- 
lows him three pounds^ in or as monOy; to be paid by the Trea- 



ICG RECORDS OF THE COLONY OF RHODE ISLAND, [1G85. 

surer, out of the next r;ito to Ijo gathered, fur the cure of his 
wound in the hitc Indian war. 

Voted, John Bellou is also allowed three pounds, in or as 
money, to )je paid by the Generall Treasurer, fur his cure of 
his wound in the late Indian war. 

A'uted, Upon the presentation of Mr. Joseph Jcncks and 
]Major John Green, fur allowance for their service, and moneys 
expended, being employed by the Assembly to go to Ivings 
Town, to engage officers there. This Assembly do alluw them 
the sum of fourteen shillings apiece, to be paid l)y the Cencrall 
Treasurer. 

Voted, That the Recorder shall have five shillings, in or as 
money, from each town in this Collony, for the copies of this 
Assembly's acts tlLat are binding on the inhabitants of the sev- 
erall towns, to be with all expedition issued forth, un<ler the 
seal of the Collony, and is allowed the sum of eight shillings, 
in or as money, to be paid by the Generall Treasurer, fur his 
attendance on this Assembly. 



Proceedings of the Generall Assemhli/ held for the Collon// of 
PiJiode Island and Providence Plantations at jVeiqwrf, the Wi 
of JIai/, 1685. 

The Go^'crnor chosen ^Moderator. 
The Recorder chosen Gierke. 

jlr. William Coddington, Governor. 
}.Ir. Vv^dtcr Clarke, Deputy Governor. 

ASSISTAxNTS. 

I\rr. John Easton, Mr. Richard Arnuld, 

.Mr. Caleb Ctu'r, Major John Albro, 

Major John Coggeshall, Mr. George Lawton, 

Capt'n Arthur Fenner, Major John Greene, 

Mr. Joseph Jencks, Mr. Thomas Greene. 



1085.] AND PROVIDENCE PLANTATIONS. 16' 



DEPUTIES. 

For Nc'irport. Mr. Benjamin Smltli. 

]Mr. James Barker, Son'r, ]Mr. Benjamin B;irton. \ 

iSlv. Edward Thurston, Sen'r, Mr. John Warner. ; 

:\rr. Thomas Ward, For Wv.sfcrli/. \ 

Mr. Jolm Rodman, Mr, Jeftrey Champlin. \ 

^Ir. Nathanicll Coddington, jMr. Robert Biirdiek. ,' 

Capt'n Roger Goukling. For A^'civ lihorchnin. \ 

For Providence. ' 

;Mr. Stephen Arnokl, Sen'r, For Kim/s Townc. 

Islw Thomas Fiekl, 

jNIr. Valentine Whitman, For End Grecmvirh. 

Mr. Thomas HaiTis, Jun'r. Mr. Thomas Nieolls, 

For Portsmouth. Mr. Ilenr}' ^Jathew:>(.n. 

]Mr. Latham Ckirke, For 'Jan/cs Toviv:. 

Mr. Henry Brightman, Mr. Ebenezer Sloenni. 

Mr. John Coggeshall, Mr. Nicholas Can-. 
^Ir. Joseph Nieolson. 
For Warwick. 
]Mr. James Greene, Sen'r, 

Tlie Governor chosen ^Moderator. 

Th.e Recorder chosen Clerke. 

A'^oted, Richard Greene, Thos. Greene, Jun'r. rek\g Rkodes 
:ind Joseph Smith, freemen of the town of Warwick, are ad.- 
niitted freemen of this Collouy. 

Voted, Samuell Bennett, being a freeman of East Greeii- 
wich, is admitted a freeman of this Collony. 

A^oted, This Assembl}" is dissolved 



At the Gcnerall Assembly and Election held for ike Coilonif <d 
A^ciL'port, the G//i r/ Ma>/, lGS-3. 

The Assembly consisted of the Deputy Governor, Assistants 
and Deputies afcre named. 



lOS RECORDS OF THE COLONY OF RHODE ISLAND^ [10S5. 

The DL-jiiity (Jovernor cliosen Moderator. 

'lUc Ucfurdor. Jului Saiifort], cIuksgii Clerke. 

The Charter opeiity read. 

A^otcd. The Recorder shall take the names of those that 
bring in theu- votes for Gox'Oi'nor. 

\'oted, ;Mr. Thomas AVard, of NoAxport. and Mr. John Cog- 
geshall, of Portsmouth, shall receive the votes from every man's 
hand that brings them in, and take care tliere be no deceit 
used, and as the Election [)roceeds, ^uit the votes into the hat. 

Voted, Tliat Major John Cuggeshall and Major John Greene. 
shall open tlie \u'oxies, and as the Election proceeds, put the 
votes into tlie hat. 

Voted. That f(.»r the conveniency of the Election, the Assem- 
bly sit in the lower room. 

i>y the Election was chosen the following, who were sever- 
;dly engaged. 

oovfruxon. iMr. Jk'nfamin IJarton. 

Mr. Vllliam Coddington. hecokder. 

DKruTV covERNoR. Johu Said'ord. 

Mr. AValter Clarke. gexekal SEROKAxr. 

ASSISTANTS. ^Ir. Ednuuid Calverly. 

^[r. Jolm I^aston, general treaslmier. 

]*Iajor Jolm C(~iggeshalf. JMr. John Woodn^an. 

^h: Caleb Carr, general attor.ney. 

Capt'n .Arthur Ecnner.. Mr. Weston Clarke. 

Air. Joseph Jencks, yi.uon for the e-land. 

Air. Riclrard Arnold, Capfn Roger Gonlding. 

Alajor John .Vlbro, :\lv.t<)r for the >lvlve. 

Air. Georg<} Lawton. Alajov John Greene. 
Air. Samuel! Gortoii, 

\'oted. The Govern.or elected being absent, that tlie Recorder 
in the name of this Assembly, do signify the Assondily's de- 
sire unto him, which is as followeth i 



1GS5.] AND PROVIDENCE PLANTATIOXS. 169 

To the llunnreil ^Villiani Coil(lin<;-t()n, Esq'r, rjuvoi'iKM' cloct {"ov 
liis ^iajcsty'rf Collony of Ilhode Islaiul aiul Provideiu-o Plan- 
taliiiii.s. Th(j:?o i)er gentleuiou, memljer.s (/f the A.^scmbly : 
lloudiod Sir: By the Generall Assemhly and Election held 
at Newport, the Gth day of ^h\x, 1G85, you may please to un- 
derstand that by the free and absolute vote of the freemen of this 
his ^Majesty's Collony of Ixhode Island and Providence Planta- 
tions, you are elected and chosen to the honor;il)le place of 
Governor ; and your Honor being absent, this Assembly, with 
their hearty desire of your welfare and presence, have to that 
end desired and chosen the bearer to accompany you to tliis 
Asseiuldy, who now wait thereupon with earnest expectation. 
And ho[)ing we shall not fail of your presence amongst us, Ave 
liave desired and sent Mr. John Easton, and ^Iv. Piehard Ar- 
n(ild, .\ssistants, ^h\ Edward Thurston, Sen'r. and John P\.od- 
man, to wait upon you, and remain. 

Your atfectionate friends and servants. 
Signed l)y order of the Generall Assembly, aforesaid. 

JOILN SANFORD, Pecovder. 

Voted, The elected Governor, William Coddington, appear- 
ing in Court, ;ind positively denying to give tlie engagement 
to the ollice he w;is elected unto, tlierefore this Assembly agree 
and order to })roceed to the election of another in his room and 
stead. 

^Ir. Henry Pull, chosen Goveiiior, engaged; and also en- 
gaged to the acts for the encouraging of Trade and Navi- 
gation. 

\'oted, Whereas ^h. Weston Clarke, by the free vote chosen 
to tliC iilace and office of Generall Attorney, hath positiveh' re- 
fused to engage, tliis Assembly agree and order to the election 
of auotlier in his room and stead. 

.Mr. John Pococke chosen Generall Attorney, engaged. 

A'litod, Capt'n Arthur Fenncr, Mr. Joseph Jencks, Assistants ; 
Mr. John Coggeshall, Mr. Ebenezer Slocum, Dep-utys ; the Gen 11 



170 RECORDS OF THE COLONY OF RHODE ISLAND, [1685. 

Sergeant, and also the Town Sergeant of Newport, Avith tlio Ke- 
cor(ler,are by this As.senibly aj^pointed and ordered to gu to our 
late Honored Governor, AVilliani Coddington, Esq'r, and iVoui him 
ree-cive the Charter and all other pajters and things in his 
hands, belonging to this Collony ; and on behalf of this Assem- 
bly to give our said late Honored Governor a full discharge for 
Avhtit they receive, and they are to return the premises unto 
this Asseml.)ly. 

Voted, The Committee appointed to go to our late Honored 
Governor, William Coddington, for the Charter and such other 
parchments and papers, &c., belonging to tliis Collony, which 
they having received, have returned the same to this Assem- 
bly, and are discharged thereof; and they are committed to 
the keeping of the present Governor. 

And ordered, That a copy of their receipt be kept on record 
in this Assembly's acts. 

Voted, Major John Coggcshall, :\Ir. Richard Arnold, :\Ir. 
John Hodman, and the Recorder, are chosen a Connnittee to 
draw up our hum))lc address unto his Majest}-, our Sovereign 
Lord, James the Second, Xing of England, Scotlaml, France, 
and Ireland, kc, and i»i'esent what they draw up to this Assem- 
bly for their approbation. 

Zctler io King James 2d. 

To the King's Most Excellent Majesty, James tlie Second. 

V/e, your ]»Iajesty's loyall subjects, the Governor and Goner- 
all Assembly of your Collony of Rhode Island and Trovidence 
Plantations, iu Xew England, in America, do tliink it our duty 
to signify our hearty obedience and joy of your peaceal)le suc- 
cession to the Crown of England; and to assure your Majestv 
that in your enjoyment of the Crown of your ancestors, and 
the government of this Collony, we are your faitliful and ol)edi- 
ent subjects; and do in all humble manner beg and imiilore 
your Majesty's favor to be continued as in the time of our late 
Sovereign Charles the Second, of blessed memoi-v, with A'our 



1GS5.] AND PROVIDENCE PLANTATIONS. 171 

})riiice]y protection. And we do Iminljl}'- beseech your Majesty 
to accept liereof. and of our hearty prayers to Ahuighty God 
for your Majesty's long life and prosperous reign. 

13y order of the Gcnerall Assembly iuid Pilec- 
tion, held at Newport, the Gth day of ^lay, 
1685, in the ftrst year of the reign of his 
Majesty, King James tlie Second. 

JOHN SANFORD, Txecorder. 

Ydtod, The Assembly do order the Recorder to write to Mr. 
Samuel Gorton, and Mr. Benjamin Barton, of Warwick, chosen 
Assistants, to ap[)ear Ijeforc the Governor or Deputy Governor, 
to give their cugagmcnt to the ofhce elected unto, or send their 
resi)ective answer. 

A^)tcd, This Assembly is adjourned uutill Tuesday, the last 
day of June next enduing, and tlion to Assemble again at the 
house of John Davis, in Newport; only if there be real occa- 
sion, tlieu b}^ warrant from the Governor, or by his leave, the 
Deput}' Governor, the Assembly to convene sooner. 

June 30///, 1G85. 

According to the aforesaid adjournment, the Assembly met 
and sat. 

Voted, Whereas this Assembly, in order to the fdling up of 
the Election, of Gcnerall Olhcers, in es[)ecial Assistants in the 
town of Warwick, adjourned, and now having 'received some 
lines from Mr. Sanmcl Gorton, refusing the place of Assistant, 
that by the Election he was chosen, and being informed by the 
Deput}^ Governor, that ^Ir. Benjamin Barton, chosen Assistant, 
doth also refuse ; therefore the Assendjly do agree and order 
the election of two Assistants in the room and stead of those 
refusing. 

^lajor John Greene, chosen Assistant, engaged. 

^Ir. John Potter, chosen Assistant, engaged. 

A^itcd, That the Recorder, on the behalf of this Assembly, with 
all s[)eod do -write to ^lajor John Greene, aud ^Ir. John Potter, 
chosen Assistants, desiring and requiring them to appear before 



172 nECOPvDS OF THE COLOXV of RHODE ISLAND, [1G85. 

the Gdverudi-, or in his absence, the Deputy Governor, to give 
their en-gagemeut to tlie oflice they are elected unto. 

Vt)te(l, Tliis Asseniljly is adjourned untill Tuesday, the 28th 
day of tlie next month, July, and then to assemble again at the 
house of John Davis, in Newport ; only, if in the mean time 
there do ap[)ear occasion, then by warrant from the Governor, 
or in his absence, or by his leave, the Deputy Governor, the 
Assembly to convene sooner. 

JulU 2Wi. 

According to the aforesaid adjournment, the Assend)!}' met 
and sat. 

Voted, The petitions presented to tliis Assembly are re- 
ferred to the Assembl}^ in October, next, at Providence. 

A'oted, The Recorder shall have from each town in this Col- 
lony, the sum of five shillings, in or as money, for copys of 
these Assendjlys' acts, under the seal of the Collony. 

Voted, This Assembly is dissolved. 

Protest of E. Hutchinson and otlicrs toncldnrj the King's 
Province, JIarch 22, 1G85. 

To ;ill persons and people, to whom these presents shall come. Be it known and 
manliest, that whereas the Chief Sachems and people, being the true and natural 
proprietors of all the land lying within the Narragansctt, Niantick and Coheset 
countries, have long since by good and legal deeds and grants, by and with the con- 
sent and approbation of the Commissioners of the United Collonies, sold, conveyed, 
anil by livery and sei/in actually possessed, John Winthrop, Ksij'r, and JNli.jor 
Iluuiphrcv Atherton, deccas'>d, their friends and partners of, and in all or greater 
part of the lands lying in the said country; all which, King Cliarles the Second, of 
blessed memory, was graciously pleased to approve, and rcconnncnd the laudable 
endeavors of his said subjects (as he was pleased to call them), to people and ])lant 
the said countries and lands to the protection and encouragmcnt of the several Col- 
lonies of New England, declaring the molestations and disturbances given them 
from Rhode Island a scandal to justice and government, as by his gracious letters to 
the said Collonies, dated June 21, 1GG3, may more fully appear. 

And whereas,~the General Assembly for Rhode Island and Providence Planta- 
tion being justly apprehensive that the titles derived as aforesaid, were good and 
legal, have by tlieir public act, dated 30th of October, 1G7-2, enacted and declared, 
that the purchasers and proprietors, with sajd Major Atherton, have a good and law- 
ful estate in said lands, according to tlio purport of their deed or deeds, grant or 
grants, to have, hold, possess and enjoy the same lor ever. 



IGSO.] 



AND rnOVIDEXCH PLANTATIONS. i/O 



\uA «•!u■^(^■l^ his ?:\'u\ iatr ^[njesty. !.y liis Itnval K'tt.Tf!, luMriii- <l.>tr Ffliniary 
IJ, l(;:s-:»,(lirect.Hl as well to tlic iKummicnt of Itiioiii' ].-.la-i(l,a.M to llic otluT Col- 
I'lms, commaiuk'd lliat all tliiiii:.^ relatiiiLr to tlic ;_'oveTiiniuiit ami possi'ssion o( tlic 
^'al■l•;•,i:ansl■tt coinitrv or King's Provinci', slioulil bu k'lt and itniain in lia- same 
(.oiidition tiu'V then or latt-ly were till his Royal pleasure were iurllirr known. 

And wliereas, his said Majesty was praeiously j)leasetl, ibr the iini.'ling and deter- 
mining,' all disjjutes relating tliereto, to send his Itoyal Commission, bearing date 
llie Tth ot' April, in the thirty-fil'th year of his reign, to Edward Craidield and \Vm. 
Stouiihton, Esij'rs. and others, to examine and inquire into the respeetive elaima 
and tithes as well of his Majesty as of .ill persons and eor|)oratioii.s whatsoever, to 
the immediate jurisdietion, government and propriety of soyl in the ?aid country, 
nnd to make report thereon to his Majesty, all i)ersons and eorporations (save only 
those of Rhode Island and Providence Plantation), having given due honor and 
obedience, as well to all his laic Majesty's former commands as the said Conmiis- 
sion, and e.vhibited their several pretensions and claims, upon all which his Majes- 
ty's Conunissioners made their Rejmrt, and according to information, his said late 
Majesty referred the examination of the same to his Council, learned in the law, by 
■whom the titles derived by and from the saiil Mr. Winthrop and Major Alhcrtoii, 
were allowed as good and legal. Notwithstanding, whilst the aforesaid Ui^port lay 
sprer.d l'el')re our i>resenl gracious King, and all the proprietors in obedience to 
fii-nier comnuuuls, u'frained further settlement, waiting for his Majesty's gracious 
determination and direction therein, which is hourly ex]iected, some turbulent and 
ill di~[)osed persons persisting in their ill designs and practices, have, by undue and 
false suggestions, and a perverse and dangerous interpretation of his Majesty's gra- 
cious letter to the Governor of Rhode Island, dated (as they say) •2Gth June, last 
jiast, imposed upon and prevaded with the General Assembly of that Collony, wdio 
were either ignorant or waved the consideration of all that is premised, to pass an 
act, dated in October last, dated at Providence, very prejudicial to the rights de- 
rived as aforesaid, from wdiich many deluded and other evil minded persons havo 
taken encouragement, and are preparing illegally, unjustly and In open contempt 
of his Majesty's aforesaid command, to invade and possess the proprieties derived, 
and a;)[)ro\'cd as aforesaid. 

Therefore, to prevent the many publick inconvenlencler^ that may ensue, and 
the great dammage that persons ignorant of the aforesaid titles might by III exam- 
]>le, perverse counsels, and the shadows of authority be drawn Into, we, whose 
nanu's arc subscribed, being ordained and appointed by the proprietors concerned 
with and deriving from the said Mr. Winthrop, and Major Atherton, and fully 
empowered to order and manage their afTairs and concerns In the Narragansett, KI- 
anlick and Coheset countries, do In the behalf of them and ourselves, make and 
publish this our Protest against all and every person or persons of wdiat quality, de- 
gree or condition soever ; that doth, shall or may illegally, ujion any challenge or 
pretence whatsoever, without license from ourselves or Mr. Richard Smith and Mr. 
Francis Drinley (being upon the place), enter Into or upon, or any way possess, 
use, occupy or improve, or commit any waste, spoyl or trespass In or upon any of 
the said lands and premises granted as aforesaid, and against all and every person 
and jiersons that under color of law or countenance of authority, or by any means 
directly or indirectly do or shall illegally maintain ami abett, assist or advise such as 
do or may trespass or aggress in any such their evil designs and practices ; declar- 
in:, that wc shall and will endeavor by all lawful means and warrantable ways, to 



17-1 nECOKDS OF THE COLONY OF RHODE ISLAND [1G85. 

prosetMite and i)tirsuc all sucli trojpassers ami aggrcssord till wc obtain full ropara- 

bion and sati.-:iaelion. 

Dated in Bo^^ton, in Now England, Maruh 22, 1G85, and in the second year of 

his Majesty's roign.» KLISIIA IlUTIllNSON, 

JOHN SAFFIN, 
IIICIIAKD WHARTON. 

Charles the Second's Commission to Edward Cranfield and others, 
to examine into the claims and titles to the Narragansett 
countri/:\ 

CHARLES R. 
Charles the Second, by tlie grace of God, King of England, Scotland, France, 
and Ireland, Defender of tlie Faith, &c., to our trusty and well beloved Edward 
Cranfield, Esq., our Lieutenant Governor and Commander-in-Chief of New Hamp- 
shire, and to \Villiam Stoui^hton, Joseph Dudley, Edward Randolph, Samuel 
Shrimton, John Fitz AVinthrop, Edward Palmer, John Pynchon, Jun'r, and Na- 
thaniell Saltonstall, Jun'r, Escj'rs, greeting. Whereas, for the quieting of all dis- 
putes that hath arisen concerning the right of propriety to the jurisdiction and soil 
of a certain tract of land within our dominion of New England, called the King's 
Province or Narragansett country, wo have thought fit to cause strict inquiry to be 
made into the several titles and pretensions whieh are claimed or challenged there- 
unto. Know yc, therelijre, that we, reposing especial trust and confidence in the 
])rudent fidelity and circum?pectioi\ of you, the said Edward Cranfichl, William 
Stoiighton, Joseph Dudley, Ethvard Randolph, Samuel Shrimton, John Fitz Wiii- 
throp, Edward Palmer, John Pynchon, Jun'r, and Nathaniel Saltonstall, have as- 
signed, ordained, constituted, and appointed, and do by these presents, assign, or- 
dain, constitute, and appoint you the said Edward Cranfield, William Stoughton, 
Joseph Dudley, Edward Randolph, Samuel Shrimton, John Fitzt AVinthroj), Edw. 
Palmer, John Pynchon, and Nathaniel Saltonstall, to be our Commissioners for ex- 
amining and in(piiring into the respective claims and tilles, as well of ourselves as 
of all persons or corporations whatsoever, to the innnediate jurisdiclicn, govern- 
ment, or propriety of the soil, of or within our Province, commonly called the Kind's 
Province or Narragansett country, hereby authorizing and empowering vou, or 
empowering you, or any three of you (whereof Edward Cranfield or Edward Ran- 
dolph aforesaid, shall be the quorum), to examine and in(piire into the several titles 
above mentioned, and sunmions ami call before you any persons, and to search records 
as you shall find requisite for your information in this behalf; as also to take examina- 
tion upon oath (which the Governor and Magistrates, under whose respective jurisdic- 
tion you shall meet, are hereby required and directed to administer unto sueh per- 
son or persons whom you shall so think fit to call before you), for the clearing of 
truth ill the cases above mentioned. And your proceedings herein, with your 
opinions on the matters that shall be examined by you, you are to state and rcjiort 
unto us with all convenient specil, to the end we may, upon a final determination 



J. Q:\vu-\- Di-own's Munnscripts, No. 202, Vol. IV. 

0;i)itti.(.l in its place, preceding tlic Smniuoiis of the King'.s Cuuunissioncr's, p. 13?. 



IGS-J.] AXD PROVIDENCE I'LANTATIOXS. 175 

in our Privy Council, cause ini[)ai'tiiil juiitice to be done arnl c\ccu(e<] wliere it 
bhall appear to belong. Ami ?o we bid you farewel. 

Froni our Court at ^Vliitehall, the iSth day of Ajtril, in tlie iive-and-tlilrlieth 
year of our reign [1083].* 

By his Majesty's conunand. SUNDKPiLAND. 

lutibloJpJis Petit ion to the King, leilli cuiidcs against liliode Mamh 
asking Writs of Quo Warranto. 

To tlic Right Honorable the Lords of the Couiniittee for Trade and Foreign 

Plantations. 

May it please your Lordsliijis : In pursuance of your I.onlships' onlerof the 5lh 
of Mmv last, directing nie to ]irepare papers containing all such j>artijulars tiien 
complained of, upon which Writs of (^uo ^Varranto ndght be granted against tlie 
CoUouys of Connecticut and Rhode Island, in New England, I have accordingly 
drawn up several articles of high misdemeanors (hei-ewith anne.\eil), the proofs 
wIk icof I am ready to make out against those Collonys. 

And to the intent no time may be lost in prosecuting those articles to eileet 
MJiich will otherwise much hinder the settlement of New England, it is humbly 
prayed that writs of Quo Warranto may be forthwith issued out against the Gov- 
ernors and Companys of those Collonys, that their Charters being vacated, they 
filso may thereby be united under his Majesty's laws and government. 

All which is humbly submitted, by 

(Signed.) E. RANDOLPH. 

Articles of Misdemeanor against BJiode Island. 

To the Right Honorable the Lords of the Couimittee tor Trade and Foreign 

Plantatio^.s. 
Articles of high misdemeanors exhibited against the Governor and Company 
of the Collony of Rhode Island and Providence Plantations, by Edward 
Randolph. 

1. They raise great sums of money upon the iidiabitants of that Collony, and 
others by fines, taxes and arbitrary Imprisonment, contrary to law, and deny appeals 
to his Majesty. 

•2. They make and execute laws contrary to the laws of England. 

3. They deny his Majesty's sui)jects the benefit of the laws of England, and will 
not sull'er them to be pleaded in their Courts. 

A. They keep no authentick Records of their laws, neither will they sulVer the 
inhabitants to have copys of them. 

a. They raise and cancel their laws as they please, without the consent o\: the 
General Assembly. 

G. Their Governor, Deputy Governor, Assistant?, Deputy:? and other ofliecra 



Mass. Hist. Collections, r- '-'3-2, Vol V, 



17i> ni:coi;i)S of tub coloxv (.f ininnK island, [108-5. 

Ibr the admiiiistralion ot'ju.-tiL-i.', as wc-ll as juries ami witiu'ssi'S, art! uikKt ho K'Ljal 
oaths. 

7. Tlirv violate tlio acts of Trade, and liave taken from Fi'aiicis Hrinlcy, ICsip-, 
liis late .Majesty's Commission, appointing the said Hrinley and others to ailniinistef 
an oath to the Governoi- of that Collony, lor hi.s didy putting in e.Kecutiou the act 
ot Trade and Navigation, made in the twelfth year of his late Majesty's reign ; tlic 
Go^'ornor of" that Collony not having tak. n the said oath these three or four yeai'3 
last past, as is re(piired in the said aet. 

All which is humblv submitted, &e.* 



Oi-dcr ill Council and Report for Quo IVarrcmio. 



At tlic Court, at Whitehall, the 17th July, 1085. 
By the King's Most Excellent Majesty, and the I.ords of his Maji'sty's most hon- 
orable Privy Council. 
A Report from the Right Ilonoi-able the Lords of the Committee for Trade and 
Foreign IMantations, being this day read at the Roanl, in the words fol- 
lowing : 
May it jileasc your Majesty : We have received from Edward Randolph, Esq'r, 
Surveyor of your Majesty's Customs in New England, several articles of high mis- 
demeanors, exhibited by him figainsc the Governor and Company of the Collony of 
Connecticut and against the Governor and Company of Rhode Island and Piovi- 
dence Plantation in New England; upon consideration whereof we are humbly of 
opinion that your Majesty be pleased to refer the said articles to }our Attorney 
Generall, with order forthwith to bring \'\'rits of Citio ^^■arranto against those 
Corporations. 

\Ve iiave also received a letter from the Ma}or, Aldermen and pi-inclpal oliicers 
of the city of New York, dated the 13th of ^Nlay last, setting forth that since your 
Majesty hath been pleased to permit Delaware and the two Jerseys to be separated 
from the government of New York, that city hath extremely suH'ered by the loss 
of at least one-thiixl i)art of its trade ; and hath ever since much decayed in the 
mnnber of iuhaliitaiits, rents and buildings. And that your Majesty's revenue doth 
likewise suffer thereby ; whereupon we likewise oU'er our opinions that your Majes- 
ty's Attorney General may have directions to consider the several gi-ants and i)ro- 
prieties of East and West New Jerse}', and of Delaware, aforementioned, and to 
enter the like writs of C^uo Warranto against the respective proprietors, if he shall 
lind cause. It being of" \ery great and growing prejudice to }dur -Majesty's affairs in 
the riantatlon, and to your customs here, that such independent governments be 
kept up and maintained, without a nearer and more inmiedlate de[)endance oi\ your 
Majesty. All which is most humbly submitted. 

r.OCIIE.STEK, 
CLARENDON, C. P. S., 
ILVLIEAN, 
ORMOXD, 
BEAUFORT. 



' .T. Carter Brown's Manuscripts, No. I'X,, Vol. IV. 
See X.nv York Docuauiits, p, 3i;:, Vo!. 111. 



1C)S5.] 



AXD PROVIDENCE PLANTATIOXS. 177 



Council Clianiber, lotli July. 1G85. 

Ili- M.iji'sty hciii^ j^iMcioiusly jileascd to ai)prove of tliL- :!:aiiK', is plunsi-il to onler 
ami illiL'it tli:U the snid Articles be, aii'l they are liereliy iL'tVrred to Sir Kt. .Saw- 
yer, Kilt., his Majesty's Attorney General, who is forthwith to bring writs of Quo 
Warranto against the Governor and Company of the Collony of Connoetieut, and 
agiinst the Governor and Company of Rhode Island ai\d Trovidence Plantation, in 
.New Kngland. 

And it is further ordered, that Mr. Attorney General do ti)rtluvith consider of 
ihe several grants and proprietors of East and West New Jersey, and of Delaware ; 
and enter the like writs of (^uo ^Varranto against the respective proprietoi-s there- 
of, if he shall find cause. WILLIAM BRIDGE.MAN. 

Mem.: My Lord President is desired by the Right Honorable the Lords of the 
C.mimittee for Trade and Plantations, to move his Majesty that the directions 
to Mr. Attorney Cieneral, that the prosecution of several writs of (juo Warranto 
against the jjropriety ot the Province of Maryland, and against the CoHonies of 
Connecticut and Rhode Island, and the proprietors of East and West New Jersey, 
and of Delaware, in America, may be renewed, and that the same mav be prosecut- 
ed to elFect.* 

Council Chamber, 21st April, 1G80. 

Mr. lianduIiiJi^i Projwmh about Quo ^V'd'rantn. 

August o, 10S5. 
To the Right Honorable the Lords of the Committee for Trade and Foreign 

Plantations. 

iMay it please your Lordships: Pursuant to his Majesty's order in Council, of the 
17th of July last, to Mr. Attorney General, I have received three writs of Quo 
^Varranto, issued out against the several proprietors of East and West New Jersevs 
and Delaware ; and also two other writs of Quo ^Varranto, with summons from the 
Sherills of London, ordered to be brought against the CoUonys of Connecticut and 
llliode Island, in New England, which are returnable the next term. 

Now 10 the intent the lime limited for serving the writs upon the Governors and 
Companys of those Collonys may not be lapsed by delays and the dilliculties of a 
winter voyage, and his Majesty's prosecutions thereby rendered inefl'ectual, as it was 
in serving the writ of Quo Warranto against the Boston Charter: 

It is humbly proposed, that iu three weeks time, at farthest, a ship i> iKuind from 
London, directly to New England, by which (it'}Our Lordthips think fit j. the C^uo 
AVarrantos may be sent and served accordingly, to the end there may be no delays 
maile in that ail'air. 

All which is himibly submitted. 



* Now York Documents, p. 2h1, Vol. IH. 
VOL. ILL 12 



I'-S i:i;c(.i;i.> of the coloxv of kiiode l^laxd, [IbS-V 



Mr. h'ninlJjih's Fi;>,>',^uls ak>ri Qin, IWirnmlo. 



To the Right Iluiiurabic the Lords of the Cnmmittce iur Ti-;ul-j and Foi-el-p 

Phiiitat;oii>. 

May it plea-e }niii' Lunlrihips : More tlian nine months are jia-^i'd .-•inre jiidu'mont 
wa^ entered up fui- hi- late Majesty a-ain>t the Ciiarler -A Hd.-t.Mi. -vheiehv the 
goxernnient of tliat C')!lony is invented in hy hi-: Maje.-tv vet to this dav. Sonic 
di-alleeted per,M.n>. under eolor nf their vacated Ciiailer, |iivl.Mid to exefei.-ie iv 
gi-j\ernnient then- and countenaneo the hivadi <^' l!ie Aet- ut 'J'rade, l)V jierniiliinn' 
their diips !adi n uii!i riaiitation eonniiodili-s to go iVeun thence^ diveetlv to Hol- 
land, SeotldUil. \.'.. witlmut (ii-st entering in England, as the law dire-ts; -rvativ 
impairing tliereb} his .Majesty's revenue, now increased he Art of I'ai'lianieut. 

^'ow forasnuieli. a- there is no settled governnient in th;it Cnllom-. and the h*val 
party tiiere fbein.' the lai- gi-eate:- nnaihjr) Irwe up m all o ■ ■ \.An'A< sleiwn th.^ir 
readiness to submit i^i iiis Maje.-tyV laws and eonnnands, and are in dailv exu-eta- 
tion to bo treed fioin the oppressions tliey have Ihiil;' uroaned under, I'ut beinu' !:"pt 
oiit of the government, are in no capacity to relii've them:<elves, or put a stop to 
the in-egular ti-ade. and other growing inisehiels enniplai>ied of. It is tlier^forc 
humbly proposed that his Majesty -wonld graeionsly pleas'- forthwith to order a ten-.- 
porary government, by his eonmiission tcj the be-t disposed pei'son:* upon the [ilaec 
untlll surh time a^ hi^ Majesty's Guverudr (.eiierall .-ludl be d!>patehed I'rom henee 
to lake upon him the g'.vennnent ofai! the C'oi!(mv> in N\ u' J'ln-h.ud. 

I likewise humbly represent, that I have M.li.-iird ij,,. []yv (>,,.) Warrant. ,s men- 
tioned in Ifi^ .^hl:e-ty■s order of Comieil of the LMh ..f July l;;-t, and served three 
M-nt- upon the >evci-al proprietors of East ami \\\..; X^w Jer>ey and Delaware. 1 
am now attendiiig to receive your Lordships' further eonnnands about the two (Jug 
Warrantos against the Collonys of Conneetient and Rhode Lsland. vrhiidi are return- 
able the iio.xt term, i.ow to tiie intent his }ilajesty's proseeutfoiis against those Collo- 
n\s be not by ih" dilHculty of a winter's voyage rendered ined'eetnal. It i.s neces- 
sary (as I humbly touceive) that some person be dispatclied thither -vvitli orders Ic 
that purpose, np'.n the llrst shij) which sails from hence to Iloston ; and if his Maj- 
e-ty please, to comaiit that service to my ch,ii-ge. with the conveyance ofa Conun's- 
jion to erect a t> aup^a-ary government there, I.piotion not but to give his .Majesty ;i 
g.M)d account of that affair : and also the two Collonys aga:n-t wliich (^uo W'ai'- 
ran'os are issued, and. .,;, by that means bi'ing the several Collonys in New IliiLdand 
to a unite(l and marei- dcpend.r.nee upon the Crown."' 

All which i- h;md)ly subanitted by, N:e. L. RATnDOLI'H. 



i.';i;t.a- Jliowa's MamtscrJi.:-^. X. . IcT, ivS, V..!. IV 



IGS.-;.] 



AND IMlOVIDKNf.'r; PLAXTATIOXS. 



179 



Pr<>r,-i',J!!j</.s of ihc Geuerall Asscmhh/ held for ihc Collnw/ of 
Hh'i'h' Island and Providence Plaidalions, at Proridence, 2Sl/i 
of Ocluber, IGSo. 

Tiii^ De[>uty C!i)vei'nor ^^Inderator. 

Aliijnr John Greene clio.seu Gierke of the Asscinltlv. 

Tlie Guurt adjourned to eight of the clock in the nioriiing. 

Odohvr 'l{)th. 

Ill liu-wrr to tlie [letition of the town of Westerly, conccrn- 
in-- >;>Uli!ig the easterly lionnds of said town's jurisdiction, this 
A^s.'iiiMy takinji' tlie malter into serious consideration, do enact 
ami (irder. that the easterly hounds of said town as to juri<dic- 
ti'iii. sliill extend to PottaconiS'aitt westerly line, and so to I'un 
a- relt i;':»ni<cutt line runs p.orthwaj-d, until it come to Paurjua- 
liid-: lliver. so as to cause all the irdiahitants that dwell therein 
to ill' ii;ii>!e to all manner of duties to that town ;;s a. town; 
a'ld this to continue un.till the Generall Assemld}' see caaise to 
ovdcr i4hi'rNvise. 

!■! ::ii-\v.i- to llic })et;tion> of Samuell r)ennett. JMino- Sweet, 
an.! .M.iik Pohcrts. concernini:' eadi of liieni desirini:' to have a 
!'.l .-iii'l iarm in Ivi^t fircenwirh. the Giau't see cause to p'ant 
lln-'r r''i|nost. in order as tiiey ai'e named, if there he such lots 
;md i:ii-m^ to lio di.jMXMl nf Mild ivjor the di<no-ition Ih-r'-.-f 
lo till' town of [Ivist] (jrounwich. to accoinmodate adl three if 



Ordorcd. That a G<nnmittee ))e cliosen tt^ consid-n' of and 
liriiiv; ill a I'csult concei-niiiu' the jii'li'.ion fur settliii^L;- a P'arda- 
liu'i in the Narrau'ansett and Xiaiitick cituntries, snhscrilied 
lt\- "William iIo[)kins, John AVarn'_n'. James Greene. Jinfr. and 
Jlcary Lilly. &c. 

T!!' r'jmmitvco chosen are !\k;. Jos'^;^h Jenc]>!. M-ny.r J<>hn 
('!:."■';:.•. Mr. James j'.arker. Mr. Xath.aniell A\'atei!n:'n. Mr. 
Thomas Gornell, Mr. Benjamin Smith, ^Ir. G;deh Gar)-, I»Ir. 



180 r.FX'OHDS OF THE COLONY OF RHODE ISLAND, [1685. 

Julin Heath, Lieut. Joseph Devett, they or the major part of 
tliem, to bring iu their result to-morrow nioruiug, at the Court's 
sitting. 

The Court adjourned untill to-morrow, eiglit of the clock in 
the morning. 

Odohcr 30/A. 

Dies Veneris. 

The Comnuttee aforesaid, having brought in their result, is 
as follows, viz. : 

^Ve, the Conunittec, having been chosen to consider of and 
bring in our result to the Geuerall Assembly concerning the 
petition for settling a Plantation iu the Narragansett and Ni- 
antick countries, for about one hundred and fifts' families, &c., 
upon a serious consideration by the l)est information we can 
procure, we do declare, that we do conceive there is a suflicient 
accommodation for such a Plantation as the petitioners have 
petitioned ibr. 

Furthermore, we humbly take notice, of his Majesty's nu^st 
gracious lloyall letters, bearing date from Whitehal, June 20, 
]G8o, wherein he is ])leased most graciously to signify to our 
Honored Governor, of this his Majesty's Collony. tliat he should 
signify to the inhaliitants his now Majesty's lloyall cai'c and 
protection to them in the preservation of their rights ; 
and in the delence and security of their persons and estates, 
&c., which we judge a protection suflicient for this Honored 
Assembly to grant the petitioners' request. 

Furthermore, AVe do conceive that there ought to lie a com- 
petent nundicr of the petitioners, at least fifty to be in readi- 
ness to begin the said Plantation ; and lor that end, and purpose, 
that their names be given in to the respective Magistrates and 
Conservators, to each town and place, betwixt this and the next 
Court, there to be returned and confirmed. Always i)rovided, 
that the said petitioners shall settle at their own cost, and 
charge. For the speedy and more eflectual settlement thereof^ 
that this Generall Assembly be pleased to transfer their whole 
power, to the Governor and Councill, to hold Court or Courts in 
the Xarragansett or Niantick countries, with all convenient 



1G85.] AND PROVIDENCE PLANTATIONS. 181 

.Speed, for the settling of the said Plantatioii ; and to do any :: 

net or t.liing for the settling of Kings Town ; and if tliev see v,' 

canso, to divide them into more than one town. And to do ^■ 

any otlior act or thing necessary for the peace and welfare of i 

iiis Majesty's snbjects, as if the Gencrall Assembly were there : 

present to act the same. Always provided, there shall always | 
he at least seven of the Councill, the Honored Governor, or 

Dei)nty Governor, being one of the seven. And this their | 

power to continue till further order. I 

JOSEPH JEXCKS, Assistant, j 

JOHN GREENE, " ' 

JAMES BARKER, : 

THOMAS CORNELL, ! 

NATHANIELL WATERMAN, | 
JOSEPH DEVETT, 
CALEB CARR, 
JOHN HEATH. 

The Assembly, upon serious consideration of the matter pre- 
.scnted by the Committee aforesaid, and for the quiet and 
peaceable settlement of his Majesty's sul)jects, the petitioners, 
and speed}' regulating of the defects of Kings Town, do enact 
and order, and it is hereby ordered, that this Generall Assem- 
])ly do and have ti-ansferred and given their whole power to the 
Honored Governor and Councill of this his ^tlajesty's Collony, 
to hold Court or Courts in, the Narragansett oi- Niantick coun- 
tries, with all convenient speed, for the settling of the said 
Plantation, and to do any act or thing for the settling of Kings 
Town ; and if they see cause, to divide them into more than 
one town. And to do any act or tiling necessary for the 
peace and welfare of his ALijesty's subjects, as if the Generall 
Assembly were there present to act the same. Always pro- 
vided, there shall be at least seven of the Councill present at 
such Courts ; the Honored Governor [or] Deputy Governor 
being one of the seven ; and this their power to continue till 
further order. 

Wherciis severall complaints have been made to the Generall 



182 lUXoRDS OF THE COLONY OF RHODE ISLAND, [IHS-J. 

A.ss(Miil»ly of tlii.s Colloiiy l.)y scvcrall woinoii conceniiiiu- llicir 
hu.-^ljamls deseitiiig them, and so a))SOiitiiig thoiiisolves, iidt only 
to iM'giucl pro\-idiiig lor (hum, l)ut also iliey cannot lie hoard 
from, which matter if not timoly prevented, nL-iN' give occasions 
lor persons to hreak forth to the eonnnitting of folly, who oth- 
er\visc might live lionestly amongst their neighhoi-s : ("or IIk; 
pre\-cnting of such miscarriages, be it enacted l)y this Assem- 
bly and the authority thereof, and it is ]iere1)y ordered, tliat if 
either husband or wife have or shall so desert their husb.and or 
Avife, that they cannot be heard of in five years' time alter 
their dei)arture of such husband or wife, the said husb,.,nd or 
wife shall be free from their said Inisband or wife. ^)]\]v it is 
pr<)vided, that furasnuich as a negative caniuit othei'v.ise be 
made to appear, therefoi'O tlie }ierson, be it husliand oi- wWh 
tha.t expects relief, shall positive!}^ give tlaiir engagemeid. to- 
getlier with other circumstances agreeing before a Comf, th;it 
they have not heard from their said luisband or wile so ahsent- 
hig themselves five years' time a.s aforesaid, wlu'ronpon the ab- 
sent party shall ])e deemed sis dead, ami Iherei'oi'o tiie grirved 
party be released; any thing to ihe citntrary in an\' ^\isi^ not- 
withstanding. 

Ordered, That the Gierke of tlie Assembly transcribe th.e acts 
tlier(,'of and send them to each respecti\'c town of tiiis C(d- 
lony ; and 11m^ Ivecorder shall fix the seal o!' the Collony to 
each copy, that they may be sent forth with all coii\'enieiit ex- 
pedition. iVnd the Gierke of this Assembly sha.ll h;i\(> se\-iMi 
shillings and six |)enco in money of each town. And tlie l(c- 
cor<U'r sliall ha\c two shillings and sixpence of (.■:ich {ov.-;i. for 
erdering the acts in. the ])0ok of llecords, a.nd setting (lie seal 
to eacli co{)y. 

A'oted. That the Assembl}- is dissolved. 

Compared }>y the Gourt. JOHN fniKF.XE. Gl-ik*-. 

.\ccording to the afiresaid act of the aVssendilw tho s(>al of 
the Collony allixed ti.» nine co[)ies. 

Per JOliX 8ANrOUD. Uec^ader. 



1(V,^').] AND PUnVlDKXrj-: I'LAM'ATK )NS. ] 8o 



PcHllon of .JoJui FniViic^ and olJr'rs, nhdirf In biihjx. 

Ti) tlir Honorable tlic (>overnc.r, Deputy Ciovenior, As>istaiit~ ami ])c])iu'n - for 
this his Majesty's Collony of llliode Island and Provideme IMaiifatloi.-, iii ilieir 
Crnerall Assembly at Pmvidenee, the 'JStli of October, HIS.O. 
The liuiiible Petition (or Address) of the Freemen and free i;orn Inhabitant of 
said rollmiy is, ami s'lowetli : 
That whereas, his Majestie, Jvinu' Charles the Second, of lilrssed mep.ioi'v. over 
Eniiland, &!■., out of his wonderful clenieiiey, yrace and I'avor by his I'nyal Charter 
under the ;;reat seal of l'>ngland, bearin;^' date at Westminster, the Stii day ul'July, 
in the I'ifteenth year of his reign, did invest your Honors with all |)rIviledL'<'s a- Col- 
limy, ill attract of land which eompreh Mideth the X^irra;iansett and Niantirlc country 
and witli all privilcd-es liotli of soyl and onvernment, as by s lid graciou> Charter 
lar'jcty appears, reserving nothiuL:; to himself, in lieu of al! duty and service-:, but 
the hill-, part of -old and silver ore, wi.ich from lime to time shall there br '.nun-l. 
And all this he conlirms iVom him, his heirs and succe-'^ors. to you, ;. .u'.' heii s 
anil successors tbr i-wr. (;„ be held, ^;-). The whirh said pri\i!edi;es >o .ouiained 
in said Charter, with his Maic.^tie"s fa\or, IVom time to time iIii'rtM)ii, hath be, ;;. and 
still is ^ brazen wall encompassiuL;- n<, .-o that through the blcv-ing of (in,] liu reon, 
^\•e remain a people as nionnments ot' his favoi', to this day; notwliini.oiding 
the en\y of others, whirh would from time to time have devoured us. Ami wc be- 
ing fully persu tded that the High and Mighty Prince James, our Dread Sov, -reign 
Liege Lord and natural King, will tVom tinu! to time extend his like favoi' towards 
ns, with as much conipission and tenderness as ever his Poyal brother Kini Ciiarles 
the Sei-oud, of bk-sed memory, hitherto has done, whose splendant rays of tavor as 
fi'om hi< Uoyal predecessors, will expel all the foggs and mists the enmity of malig- 
nant and di-atrectt'i! ]ier^ous for their private ends may seem t(j bait ;i- \viih; so 
that in all respects whicli ^hall be seen am! appear to his Majestic, bolii :val and 
•oy .', as in. Iced we are. And tint tiir e,m<cieuee sake, and being uu:uiiii:. dy in 
thi< albiir with sure and certain hopes of his .Ma.jeslie's tav(,r. >hall endeav>a' wilii 
lieait and miml to our utmost in all rc-pccts to walk w.irthy of the graciom gran; 
contained in said Charter, and with all Mibmi-^^ion do cai-ueslly de.^re that ili- his 
Collony may be peopled by us his .Majestie"^ luUural, loyal, loving ami well-ariected 
subject-', which we ingeniously do hope will be to the honor of God and our Prince's 
prai-c and renown : all which are inis(.'parable. 

And whereas, iherc is a cAuvenieiit and suitable acconmiodation ibr at lea-t our' 
hundred and (ifty Ihmilies without the lines of Pettafiu.unscntt, (ireenwiel:. War- 
wiik and ^Ve^terly, in the Narragansett and Niantiek country, of land-, commodi- 
ous lor present settlement, and nndisjiosed of by your Honours ; vre huuibly d.esire 
we may be favored therewith, which will be and renrun on us a great end eon- 
tiiuiuall obligation, and preserve us from inconvenienc\- ami dillieulty ot'purchasii'g 
land and settling other Collonys as hitherto we have be(ui Ibrced to do. And not 
only so, but be a means to keep out those vagrant, straggling, disloyal and disaffect- 
ed persons that have attempted there to reside, "^o the dishonor of (io.i and our 
Sovereign the King, and a disgrace to the members of this Collo;iy in gei:>_-.al. All 
w]w-]i in submission, is humbly conceived. 



184 Ri:<;t>i;i>> of the colony of riiode island, [1085. 

Your jjotitioiiers, alia? mlilrossers, do tlicrotbrc luiuihly pray your lioiiors would' 
be ploasL'il to take the pivinises into yotir senoii>% eaiKliil and speedy consideration, 
in order to the answering our humble request ; and to order a Committee to inspect 
iut<( said lands, and that loyal and well-atlected persons may be ajipointed in every 
town of this CoUony to take cognizance, who arc desirous and (it tor present setllc- 
ment.and to present their names to your Honors for your approbation, in order for 
their admittance on sueli terms and in such a manner as your Honors sliall 'x'st ap- 
prove of: or else some other prudent method or way, as your Honors in your -x-is- 
dom shall see meet. 

We humbly craving your Honors' favor herein, in answering this our bumble 
request, which will oblige your petitioners, alias addressers, beyond expression, 
your Honor and the Collony to serve. And as in duty bound, pray for the pros- 
perity of both, so long as we remain. 

Subscribed in behalf of ourselves and the rest of the freemen and free born inhab- 
itants of his Majestic"; English Collony of Rhode Island and Providence Planta- 
tions. ' WM. HOPKINS, 

JOHN WARNER, 
JAMES GREENE, JunV, 
HENRY ULLY. 

The petition granted, and the Committee chosen and appointed, was done and 
efiected at the sitting of that Assembly, as we have information. 

(Signed.) JOHN FONES. 

[October 28, 1G85.] 

[Several claimant.- sprung up at this time fur the lands in the Narragansett coun- 
try, who memorialized the King in i-elation to the same. One petition was from 
Thomas. Lord Culpepper, Richanl Wharton, Thomas Dean ami ^Villiam Whartosi, 
for themselves and others. They assert their " claim to be by ])urchnse from the 
Indyans, and by other legal means." 'J'he other from James, Earl of Arran, sou 
and heir of William, Duke of Hamilton, who based his claim upon a grant from 
James the First to his grandtiither. The latter claimed from the mouth of the Con- 
necticut river sixtv miles, " and so up the westward arm of the river, unto the land 
north westward, till sixty miles be finished ; and so to cross south-west-ward till sixty 
miles; all which ])art and portion of lands were to be called by the name of the 
country of New Cambridge, now the Narragansett country and King's Province, 
with sevcrall other lands and privileges," &c. These petitions were, by his Majesty 
in Council, referred to the Lords Comniissicnoi-s lor Ti-ade and Plantations. 

There appears to have been no final action upon Lord Cul[)ei)]»er's ])etition until 
April 10, IGSS, when the Lords Commissioners rci)orted to the King on the same. 
Bv this, it appears Lord Culpepper and his associates petitioned a second time in 
January, ICSS, and that Sir Edmund Andros had made some report " touching the 
claims of the petitioners." The Commissioners now recommend to his Majesty to 
signify to Sir P^dmund Andros to the cfTect "that the said partners [Lord Culpep- 
per, Richard Wharton, Thomas Brinley and^others] have an eipiitable pretension 
to our favor preferable to others, in receiving grants of the said country or part 
thereof; and we do hereby direct and require you to cause to be made out to 
the said partners. Patents and Grants of said parts of the said Narragansett country 
or King's Province, as others of our subjects arc not possessed of; and that all due 
encouragement be given ihem and others employed by them, in seUling and im- 



10S5.] AND rROVIDEXCE PLAXTATIOXS. 185 

priivliii: the same under tlie (]iiit rent of two sliillings and sixpence, payable unto us 
for ewrv hundred acres of land so to be taken, pursuant to our instructions. Pro- 
vided the saiil grants or any part of tliom, bo not prejudicial to our service, or 
the riiiht of anv of our subjects, wliosc titles and pretensions to the said tract of land 
or au\- pait thereof, we do hereby refer unto your further examination, willing and 
reipiiring you to return unto us your opinion in all matters wherein any diHerenee 
or dispute shall arise, relating to the said Narragansett country, or concerning the 
furtlier improvement thereof, which you shall not be able to determine the place> 
together witii such a map or survey of the said country, that we may give further 
order touching the same," etc., etc.] — J. Carter Brown's Ms., ]'ol. IV. AW. 190, 
][)1, 192, 193. md. Vol IT. Xo. 13. 



Pi-occcdiuf/s of iJic Gciicrfdl AsscDihl// held for the Collowj of 
lllidde Island and Providaicc Planlations at A\'(i'i)orl., the 
\lh of Ma>j, 1G8G. 

ls\\\ Henry Bull, Governor. 

Mr. AVtilter Clarke, Depnty Governor. 

ASSISTANTS. 

^Fr. Jolm Easton, Mr. llidianl Arndd, 

]\laj. John Coggcsliall, ]\Iajor John All)ro, 

^Ir. Caleb Carr, Mr. George Lawton, 

Cajit'n Artluir Fenner, ^^lajor John Greene, 

Mr. Joseph Jeiieks, Mr. John Potter. 



For Newport. ^Ir. Joliii Whipple, 

Mr. James Barker, Sen'r, ]^Ir. Epenetns Olney. 

~\\\\ Thomas Ward, Mr. John Angell. 
]^Ir. Benecliot Arnold, For Fortsniovth. 

Mr. K.hvard Thnrston, Mr. William Wodell, 

^\\\ Jolm Woodman. Mr. John Coggeshall. 

}dr. Xathaniell Coddington. Mr. Peleg Trip[), 

For Providence. ]Mr. Holjort Hodgson. 
^l\\ Vallentinc Whitman. 



186 u!:;()iii)S of tih-: coi.oxv of niionF, islwd, [108G. 

DKFUTIKS. 

For ]V((nrivk. ^Ir. Join; Miixnii. 
]\[r. rv:ui(l;ill 1 Lowlduu, For /v/x/ G rcowich. 

y^x. James Greene, Sen'r, John San (bid, 

Capfn ])enjaniin Gorton, Mr. Tlionias Xicoll.-;. 
^Ir. Sanuiell Start'tivd. Fur JdDics Tornic. 

For H>.s7f'/7y. ^Nfr. Josiali Arndld. 

:\Ir. JellVey Chauii.lin, Mr. Josei.h M.-ric 

A'otoil, Fviclianl Evan>. a freiMuan of tlic Inwn of X(■^v[)(lrt, 
on ]iis i'C([nc.<t. is admitted a, i'reeman dCtliis Ci.lldiiy. 

Voted, Daniel] Fi.di. Tlvnna.s Townsend. William Wndell, 
Jnn'r, Thomas Potter, Stcplion Cornell. Xatlianioll I'otlor, 
Jnn'r, and lloliert Fisli, Ijcing freemen of the town of Torts- 
mouth. are admitted freemen of this Collony. 

A'oted, This .Vssemlth' is dissolved. 



.1/ ilio GcncraU A^srmhl/j ami FU'dhm Jidd ul S,:i''i>nrL (he ■)lh of 
Mail. IGSG. 

Tlic Assend.ilv eonsisted of tlie above wiitten Governor, 
De^tnty Governoi-, ^Vssistants and Depntys. 

:\lr. Walter Chirke, Depnty Governor, ehosen Moderator. 
John Siiidbrd. Ixeeorder, eliosen Gierke. 

The Charn'r o])enly read. 

A'oted, Thai the same [lersons at the Assenddy of Fdoetion 
in 3tlav last, and the same method, eare ami (»rdcr tiiad \va,< by 
the said AssiMiiblv taken eonceiMunL:' tho fdoction. bo now 
a<i,-ain 1)\- tlium dnh' ol)serveil, and that the raeetion foi thv/ith 
proceed. 

]5v the Election was ehosen the followin^u: who wore sever- 
ally engaged. 

GOVKIlXOn. DEl'UTV (lOVKIiNOK. 

Mr. Walter Clarke. ^Injor John Coggeshall. 



insn.] 



AXD rnOVIDKN'/E PLAXTATIOXS. 



18^ 



ASSrsTANT,-!. 

Air. Jolin Ivi-ton, 
Mr. \\';iltor Nowlicny, 
Mr. Ivlward Thurston, 
(',il»t'!i Art]mr F(;iir.er, 
yiv. Joseiili -Toucks, 
Mv. Uirlur.l Arnol.l, 
.!,.i!u (\)'j:'jy<]vA\\, 
Mr. ( leoruv L-iwtdU, 
.M;iji'i' .ImImi ( Ircciic. 
.Mr. Sanin;'! SLillWnl. 

KECUHDEH. 

-loim S;iu!oril. 



(iKXKitAL si:rgi;axt. 
Air. Kdiniind C.ih-crly. 

CHNKIlAf- THr.ASLl'.i:!!. 

Air. .Toliu \\'(M)(lni;in. 

ckxim; \i. .\ri'(Hixi:v. 
Air. John Williinns. 

MA.lOll F<tll TI!K ^■!.\XD. 

}.[;iji>r lliiu'in- (iculdiii'j.-. 

:\L\.i(iii vn\\ Tin: .\r\iN"!:. 
A[;iinr .lohii (;rr(.Mir. 



Mr. i:.hv;ir.l ThMr^ioi, ;,i,:] AI^. J,;-'i,]i ,\i>:uA<<. A<<ist;nit>, 
Air. .Iiiiiics i;:irkcr. AL'. Kdi.M i:.:,i-s..ii inul tlif lIc-i.r.hM- ;iro 

c1im:^>'!1 ;! Colli I! H ( I ( ■(' to Ll-.'i (o oill' !;i!(" ll(.ll(.nMi {\i,\'v. ll-'iirV Ihlll, 

E-i|V. ;ii!il of liiiu (li.':ii;u!(l tlie (,'li;irter, iiiid all (illun- |)ai)er,-^, 
IxK.k-^ and iiarclunrnts in his ciishuly io this CmIIohv h-chiug- 
in.Lr. aiul tiioyarc (.Miiiiowi.'red on th.is .VsscMnldy's hchait'lo give 
niir said l;ito GuvAnior a lidl discli.ai'u'o ur,- what they reeoive, 
an.d the}' aiv to return tla" sanuj to t!ii- AssianM}'. 

\'.:!,-d. Tiia n.-Muty Covovir^r. Mi'. J:>iin ( 'o-ir-.!,a!l. AFajor 
Po'i"/ Sauiord. aiid Mi". Th(wi:a< Waril arc (•hos(ai and ajiiioint- 
o,]. ;ii('y. or t!io nrijor 'oa,rt (■!' thoni. a. ('(aiiin!tt(M_! to audit tlie 
la.lo <h'n(;rall Tiv/.s.ircr. .Mr. Wo-lon (Aiarl<o's arrounts concorii- 
in.<.r thi- (.'i^liony. and of him rocaiva Ilia hooks. a(a'ounts and 
r\'i-oi-i> to this Collouy holon.dn-. aiid .ai Ilia ludialT oiMhis { 'ol- 
lony. -■i\-(? the s lid lata 'I'raa^uivr a rail di.-adiarijr !ia- wlial is 
ro.-oi\-.ak and rotuiti tlia :-anu! to the now lata Traa-airor. Air. 
dolai W'oodniaa.i. and i-(Miilia' an. aacou.nt (d'th.oir |iro(.-aads h.araiu 
uiiio iha naxt siitiiit^ (d" thi- A--aaahly; and they ara to hold 
\ho''.' liv-t ni(>atin'_' on tlr* Khh ol'this iii-^tanl naaith. .May. and 
;i- th^'y saa cau^ •. adjourn unlill tha matter ha ii'ii^lrMl within 
till' time aforasaiiL .Vnd arc to lie allowed out o!" tha (ianai'adl 
Trcasur\' a;i(di narson tla.' su.m <il" two shillin,L!-<. six paiua^ a (hi}', 
ir-v tliair tra^^dl and troiddo therein. 



188 RKCORDS OF THi: COLONY OF lUlOUK ISLAND, [1 08G. 

Voted, This A<>(Miil)ly liavin^;' desired Hk? late Di^piity (iov'r, 
now our lloiiured (iownior, tliat aernrdinn- to Iniincr order and 
l)raetice ol' this C(.)lloiiy, the (Inpticate of his Majesty's u;raeions 
Charter be brought to this Asseailjly and delivered to our pres- 
ent Deputy Governor, to which our Honored (lovenior con- 
sented ; and the dujilicatc sent tVir, and safely in folio and seal, 
under the yellow wax, no ways defaced hath I)ccn received, and 
the same is connnited to the cave and keeping of our Deputy 
Govei-nor, Major John Coggcshall, fur which our jiresent (iov- 
ernor is discharged thereof 

Voted, Whereas there are sundry orders and acts heretofore 
made, ordained and enacted in this Colloiiy, concerning cus- 
toms, and selling of rum and other strong watei's, and of sundry 
sorts of drink, to the English ; and also concerning the selling 
of ammunition, and guns to Indians ; and keeping public 
houses of entertainment: and the Assenddy luiving deliated 
and considered that the use and benelit of the said orders and 
acts are terminated and ended : 

Be it ordained Ijy this Assend)ly and the authority thei'cof, 
That all and every order and orders, act and acts, heretofore 
made eoncerning customs and iin[)ositions appointed to be levied 
and paid for, or n[)on im[)orting of rum, brandy, wini.', and other 
sti'ong waters, and other sorts of strong driidc, and all and sin- 
gular the fines or forfeitures thereu})on, are renntted and dis- 
charged. And all and every order and orders, act or acts, 
heretofore made coneerning the selling of guns, powder and 
shot or amnumition, to Indian or Indians, and all and every or- 
der or orders, act or acts, made concei'uing keeping of publick 
houses of entertainment are repealed and made A'oid. Except two 
orders or acts made coiu'Ci-ning keeping ordinaries or tipi)ling 
lutuses, made, ordained and enacted in a ( Jeneiall ^Vssembly, 
lield in Ne\v])ort, .May 7th, KiTo, and May 4tli. in the year 
IGSO ; any elausi> oi' clauses in any orders, act or acts to the 
contrary hereof, notwithstaiuling. 

Voted, The Assendilv taking into serious considei'ation to 
have the laws of this Collony com})Osed, extracted, altered, 
amended, and drawn u[) into a better method anil form ; aiul 



lOSn.] AXn PROVIDKXCK PLAXTATrONS. 189 

lor th;it ouil and piirposo lliis iVssLMubly liavc dioseu 
and di'imted a< a (Jouiniittec to oHivt tlu^ saiuo, ?»Lijor Poleg 
SMul'ord, Mr. Thomas ^Val•d, and Mr. John Williams, or nnijov 
}»:Mt of lluMn. And that the R(,'coi-d(jr is desired if he can, to 
l)e lieli»rnl to them. IJnt nevertheless, and it is ordered, the 
l)i».)k< sliall Ije loft lor tlieir usii aforesaid, in ?\I:ijor Peleg San- 
lord's hands hy the lleeorder, at sueh times as he cannot be 
jiresent with them, and that the said Connnittee are lu'reh)' 
enijiowered to a})})oint their time of meetini;-. And the major 
|iait. or so many as shall )je present, to make their return to 
this Assendily, at their next sessions up(»n adjournment, lor ap- 
l)roh;i(i(»n : and that they shall be satisfied for their pains. 

A'oted, As an addition and for the reviving the laws for the 
true performance of gathering rates. 

It is (Miacled by this Assemlily and by the anthoi'ity thereof, 
That with respect to the late levie or levies, that was made at 
the (ienerall Assenddy, held at Warwick, in October, 1G84, or 
(,'lse before in this Collony ; that all Sergeants and Constables 
tliat have been negligent therein, l)c called to account by the 
Cienerall Troasui'cr, and do surrender to the Gencrall Treasurer 
as well as to others, the edects that the Cienerall Assendjly 
have ordered to be delivered to eacb person, concerned in said 
ordiM- or orders. 

And in case Hktc hath been any neglect in sending forth 
warrants or calling for them. It is hereby ordered, that war- 
rant- mav and shall be sinit ibrih by the Clovernor, Deputy 
(jovernor. Assistant or Assistants. r()iiservator or Conservators 
of each town ami plaee in this Collony, to the now or 
succeeding Constables, to gather and deliver the same ac^cord- 
ingly. as if it had been seized and delivered at the foianer times 
prescril)ed. 

A'oted, T1iat this order be foi'thwith puljlished by the Re- 
corder, under the seal of the Collony, and this to be done at 
the Court House, this instant 8th of >May, and ;i drum to bo 
beaten tor the signifying thereof 

Voted. This Assembly on serious consideration, sec cause to 
adjourn untill Tuesda}', the 2'Jtli of June, now next ensueing, 



100 lll-.COllDS OF Tin: COLONY OI' RIIonK ISLAX!'. [lO.^'d, 

ami ihcn to as-i'iul'le at tlio now dwelliim- lioiisr oCJolm I)a\-is. 
iu Xcwjiorl ; only, if (Ikmv do |ii'(^scnt occa-ion, t'licu l)\' war- 
rant IVom our Honored (lo\'ornor. or in Ids aliscni'o. or Iiy lii.s 
]o:n'i,'. llic ])cpuly ( ■o\crnoi', tlio Asscmlily to coiivcnf; .sooner. 

.Jnui'. -rMh. 

Aceoi'dinLi; io tho aidrosaid iidjournnicnt. tl;(> dv^-cndiiy s:it. 

AVli<T"as. Mr. Sanui"] Siallord. (•lio:^(n! an .As>l>!ant. liavin;j: 
posiii\-i'lv rcfu, ;(.'(! Io enir.-i'^v. ihis Assandtly dn (df(;l Mr. l)!'nj. 
Sndlh in his i'oimu. 

Mr. iM'iij.iiidn Sndiili. cliir-on Assi-ijin!. 

\'ot.'il. Wdior'';',-'. '>vo li:!\o r"r(d\'('d Ironi oo.r iir.-u-iim,- M.-ije's- 
ly, liy t'lc Iroid <.!' I-Mwai'd U:i)Mio'i>!i. !v-.. a wii! -!" ( )no War- 
i-anto. doarini^dalo O.aoi)! r tli(i (d'l. l!lSd. nnd rrrcivcd tli!' 'I'l'A 
ofdnno. 1 tlSlj :'•■ and m]m)]i thi' i-crpipt (Iuto ol' (-nr lionorcd {l(i\-- 
crnor li.avin^: ordered noli^'e to de 'j;-iven to all tne jVee iidiadit- 
ards. es[)eeial!y to tlioso o!' the ehiei' towi:,- in th.i< roMon\% thnt 
tjiey \vo,\M lie I'hja--" 1 t;i in ik" lh:'i'' ai):!-'!r;inri' eiiii^r in {cr- 
son or in ^v;■itinLr. ;i! lir' >itiin;i ori'd;^ .\---'ia!d\', wiii/h \v,!s !m 
eon\-ono tlie ^'dii ol'lld^ in:!,!.;! dni-e. ;ind in shhnd--ion to il;.' 
s:dd notiee ^iven. miny of t'r.' i're.'ar'U oj' i he s did towns diid 
meet and u'i\'e iu their ju l^.n ,'nt ^ t > \\\i A — "nih!\-. and th(_'n 
Ldl th.? i'nrther proceeilia^' e Ke'ei'idn^' t'ne |ii'einises to the ju- 
dieion< dtderndnalion oi'tii') A^r:end)ly. 

'rhi< As<end)i\' niton, tin.' S'ri'i"ns eonsider r, :')n (d' tlie adiov(^ 
s;dd iii'ends;^'S. (h) Iwrehy order, jedili^!) :ind d^/hire. I:i:d they 
liave detei'ndn;'d nol 1,» s'and. snit wii'i h.i ; ?vl:;ji',-ly. he, i to 
]>roeei>d l)y onv ]nniihi'> e Idro-:,^ |;, his ?d do^-iN- <) v;Mi;;!!e'- o;;r 
[)ri\'ih'L:'es .ami liheriies aeeordiuL:: to oni' Ciie; ter. ioi-nioi-h\- e:r;int- 
ed liy his hite Ahih-iy. Miiirles th(" SiM'ond, ,,;'hh-<od mcnn.ry. 

V(do,l Thi< A-":idi!v ord-r, tliat the ahove ^aid aet he 



* It is U) ;,<; vcltcIUmI I'.i.it iM) copy (if ll;c writ nf ih-.n \\';ut:iiiIo ,n-;ilii~t Kiiodo 
Island L'xists amini;.'- (he rccDiii^, ov on [lie Tiles of the .State, ie>r i> any ee.iv known 
elsewherr. I am inlbrnieil liy my Irieml, tlie lior,. .•^'ame.el (i. Amki'jI, oI' I'rovi- 

unriva'l^'i! rn!lerti.)n .if m ;!i:i-:-ri;.!s in liu- po .s;.s-^;.m of Mr. J,!:!; I'ariv;' Hkiw;;. 
of rr.;ni.lrn:'e, t!iat no eopv .■\i:;tsam:).i;y ;l;o^e veiiimiiui:!-; imelic ar 'Ii^ e^.— J. U. I). 



luSii.j 



,.\D i'liovrr-Kxri-: I'i.ANTATro.v^, 



101 



i''i'ili\vi'L'i }tiil.)li~li" 1 ill the t!)\v;i <;!' X.'Wpurl. ;il tlircc i'(iii\-(Mi- 
iciil pi I'-i's fur tli;il (-'ii'i. ;iii(! tlu; S'liuc to Ix' ddiir )iy llif Vv- 
cMnlrr. with Iho ( Ji}iier;ill ;ui(l Town So!;L^cii!t. mikI i\u) liuat o!' 
ili'iiiii. 

\'n!i'(l. Wliei'cas it apjicars to tliis AssiMiibly. thai I^dwar.l 
Ivaialolph. E.<'.\.. lialh ileuiauiliMl oiio thoii-aiiil acres of ImikI of 
this Caiony. on Ix'hall" ol' the lli-ht ! lonorahh' t!ie !-: irl of 
Cl;iiviii]oii. This A<seiul)ly ha\"!n,i;' taken tin' matter into seri- 
ous eonsiilra'ation. ]MV(M!iou:;-ht me '1 to appoint a_ ( 'onenitiee 
to trei.t wit'.i the Uonoreil I'MwarJ liunhilpli. and to neii;-:' snrh 
au':'"e:iii'ni as lhi,'\' see most i!ie;>t : oi' ii'th,"\'S'' c.nise 1;i\vrit(; 
to ih.' Ui-lit llonor;dde th<" Ivirl of Clavendai. alhiv^- li.l. 

Til'- piTsoiis ehos'M, :ir..' the Honor,'!! ( inv.e'ieir. Di'pniy ( io\ - 
ern'O'. and su.'h o\' tht' As~i.-i;inls a- miy he -present; and al-:. 
so miay of t;ie piv^ent Depniys thai ean !>:' piV:^eni at tlie 
time epiiointi'd. 

\ oi'.'d. l/[ton a motiijn of some nn/mhrn's of tliis ^V>>iMnh]\ 
lor tho mere certain sclllinu' town aliiiirs. it i~ ordered. ;ind cn- 
ri.'t'MJ liy tlii^ Asseaihly, that it shall and m ly he hiwinl I'hr tlie 
iivrn ai of each town, in this Colhmy to nmel toM-e(her a.nd a[)- 
niiiiil ii\'e (!!' more or iewer ihi\'s in the yoav lor tlnar a-semli- 



'tlier, as th- IVeemen of eaeh t< 



ail eonciin 



con\','ni::n:. I'or ta.' m in i;j,an'.L' tiie al'l'in's oT hn'ir re-p:e;ti\'e 

lo\V!!:^. 

Andi i! is also i'urlher ordered.. Thai iIk; i'reiniien of ea(di 
io\ve. \.Mi-|\\ upon (ino ol'ilicir d,i\'- (d' ni'M'tiiiL.': tou-cl lim'. nomi- 
n;uc ei:d idcrt Mich and S!) neiiiy town oiiic(a-< as they shall 
ih.ink mo;,'t for tlie manau-iii;.!' (d' tie' allairs of their respecti\'(," 
towns. 

And iii.^also rnrihef ordcreih Thai tlio I'reemen of each and 
every lo\vn. hein-; orderly t'allial toMTdlaa'. tl'.ad ^vllat lhe u'reater 
pan oT those that ni'-et shall lawTnlly ordei' and do. conce'iiinLi- 
m;d-;hi-' lown rale-, and the other alhdrs of Hear town, .-diall he 
\-alid and ihaii, nntil the said I'reemen shall .see cause to re[)eal 
or mah'e veid such order or ord,ei'., ])y (hem rnide andi appointed. 

And lie; the pre\-ent!on of dispntes concerniiiu- the iclimI crdl- 
iim- and as:jmhlinu- the i'reemen to their town meetinii-s. the 



192 ni'CORDS OF TIIR COLONY OF UIIOHK ISLAND, [1080. 

freemen of (^:icli town li:ivo pnwor to ovder tlu'ir Clcrlce (»• (itlier 
ollicer. or ollicers ol' tlioir said town, to ^varn or cause to l)e 
M'arned bv warrant, the said t'ri^enien to come toL:;etlier ; and 
also to apiMiint the time of the day for theii' meeting. 

Voted, That a Conrauttee he cliosen and empowered l)y tliis 
Asseiid)l\', they or the major part of tlicm, on this Colhmy's he- 
half, to dr.iw up our huml»le address to his Maj('sty our Sover- 
eign Lord the King, and to take speedy and elfectnal care for 
the safe conveyance thereof by Avay of Boston and York. And 
also to procure a messenger as soon as they can, to go for f'^ng- 
land ; and to draw up lettei's to the (h)Vernor of York, to 
President Dudley, and to FiS(|nire llandolph. 

The [)ersons chosen and em[)owered. are our Honored (lov- 
ernor and Deputy Governor llir Newport : Mr. Joseph Jencks, 
for Pi'ovidencc ; jNIv. Peleg Tripp, ami the Uecorder, for Ports- 
mouth ; ^lajor John Greene, for Warwick. 

And the said Connnittee to be paid two shillings, sixpence, 
in or as money per day, out of the Generall Treasury, for their 
service therein. 

Voted. The (Jencrall Sergeant's bill, amounting to eight 
pounds, six shillings, in or as money, is owned, and ordered to 
be paid to the said tJenerall Sergeant. Ivlmund Calverly. liy 
the Generall Ti'easnrer. 

Voted, The Recorder, John Sanford's bill, amounting to six 
poumls. six shillings, six pence, in or as money, i'ov service 
done as Ilecordcr and Secretary, is owned, and ordered to bo 
paid by the Generall Treasurei'. 

Voted, Henry Lilly's bill, for service done, amounting to two 
pounds, fourteen shillings, in or as money, is owned, and or- 
dered to be paid b}^ the Generall Treasurer. 

Voted, That tl\o Recorder, John San ford, shall have from 
each town in this Collony, the sum of ten shillings, in or 
as money, for copys of these Assemblys' acts, under the seal of 
the Collony ; and the same with all conveiucnt speed to be 
sent forth. 

Voted, This Assembly is dissolved. 

Cupie, per JOUX SANPORD, Recorder. 



1G8G.] AND PROVIDENCE PLANTATIONS. 193 



Adilrcss from the Governor and Compan>/ of Jiliode hland to 
Jamas the 2d, on ike receipt of the Quo Warranto. 

To his ^[ost Excellent Majestie, our Sovereign Lord, James the Second. The 

Immblc addresse of tiie Governor and Company of your Majestie's Collony of 

Rhode Island and Providence Plantations, in New England, in America. 

Most Uread Sovereign : We )Tnir Majestie's most dutiful and loyal subjects, do 
with all humble and ilue submission, prostrate ourselves and [jrivileges at your Maj- 
estie's feet, humbly acknowledge your Majestie's gracious favor, in your lloyal let- 
ters ot the 2Gth of June, lGS5, in the first year of your reign, directed to our Hon- 
ored t'lovernor, wherein you arc graciously pleased to signifie (we shall at all times 
extend our Ro)al care and protection to them in the preservation of their rights, 
and in the defence and security of their persons and estates, which we think fit that 
you signifie unto the iniial)itants of that your Collou}'), we your Majestie's most du- 
tiful sulij(;cts, humbly acknowledge the receipt of your Quo Warrantos, by the 
hand of Edward Randolph, Ks(]'r, against the Charter of your Majestie's said Col- 
lony, which we received the 2"2d of June, 1G8G, retpiiring our appearance before his 
^I.ijestie, wdicrc ever he shall then be in England, to answer from the day of Easter 
in fifteen days, which time had its period before the reception of the same, which 
was the 2"2d day of June, '8G. Notwithstanding, in obedience to yonr gracious Maj- 
estie's commands, your Governor and Company convened, and upon serious con- 
si<leration thereof, saw cause forthwith to publish and declare, by open Proclama- 
tion, that they would not stand suit with your Majestic, but to address themselves to 
your most excellent Majestic tor favor and relief, praying and imploring your 
Princely bounty in o\ii- said Charter, contained both in religi(nis and civil concern- 
ments ; and the rather Ijccause we are a people, that have been and are real to the 
Royal interest, and despised hy our neighboring Collonys. May it jilease your 
j\Iajcstie to know that bcfoi'e we received a Quo Warranto, or so much as a copie 
of your Majestie's Commission to the Honored President Joseph Dudley, Esq'r, 
that the greater jKirt of our Collony was assumed from us, called the King's Prov- 
ince, which we did not o]ipose. 

And farther, we beg that in your Princely clemency, you will ])lease to continue 
our privileges in stato quo privis, with respect to indulgence in matters of religious 
concernments and forming of catches or attestations. 

And farther, we humbly [letition your Royal favor, that forasmuch as the port of 
Newport, on Rhode Island, lays in the heart of all your Majestie's Collonies, it may 
be a free port for navigatiou and entries, paying duties. 

And farther, we beg your Majestie's most i;racious favor herein, that no persons 
may be imposed over ns that suit not tlic nature and constitution of your Majestie's 
subjects here, which our late M<ijestie of blessed memory, was graciously pleased to 
indulge us in. 

And finally, we pray and beseech your Royal Majestic, that in all tilings wherein 
we have been weak, or short, through ignorance, may be remitted and pardoned; 
VOL. III. 13 



194 RECORDS OF THE COLONY OF RHODE ISLAND, [1G8G. 

and cannot but tliink that through the disafTection of some, uuiny things may have 
been misreprcsontcd. All which is humbly submitted, and wc beseech your most 
excellent Majestic to accept hereof, prostrating our all at your gracious feet, with 
our entire resolutions to serve our Sovereign with faithful hearts, praying for your 
Majestie's long life and prosperous reign over us. 

And remain your Majestie's loyal subjects and supplicants, 

WALTER CLARK, Governor. 

Newport, on Rhode Island, the 3d of July, 1G86. 



Address from certain inlicdulanis of Pihode Island in relation to the 
Quo Warranto:'- 

To the King's Most Excellent Majestic. The liumble petition and address of some 
of the inhabitants and freemen of your Majestie's Collony of Rhode Island and 
Providence Plantations, in the Narragansett liay, in New England, showeth : 
That we are truly sensible of his late Majestie's gracious favor to us, in granting 
us a Charter of Incorporation, and making us a body politick, in these remote parts 
of his dominions, for the more easy administration of justice amongst ourselves, 
suitable to our condition and constitution; and though perhaps we lie under cen- 
sure, yet hope we have so demeaned ourselves, in the administration tliereof, as 
may render us to your Majestic rather as persons ignorantly than willingly trans- 
gressing. 

We have received your Majestie's writ of (Juo Warranto is?ucd forth against the 
aforesaid Corporation (and communicated to us by Edward Raiulolph, Es(j'r), with 
all dutiful respect and submission, as bt'conu'th loy;il sidjccts ; and in (jbcdicnce 
tliereto, we the underwritten in behaifof our selves and otlici's, d^jc here [)rc.sent our 
full and free submission, and entire resignation of the power given unto us in said 
Charter, unto your Majestie's pleasure, hundjly desireing your Majestie's candid 
interpretation of our past actions, and that your Majestic will take such notice of us 
in the succeeding government, as may best consist with your iMajestie's honor and 
our good, respecting the situation of the place, and conveniency of our conmierce 
most suitable with our adjoining neighbors, the Massachusetts, and Collonie of New 
Plymouth, whose arms enfold the Narragansett Bay, wherein we arc. 

And whereas, the Gcnerall Assembly of your Majestie's aforesaid Collonie, sitting 
the 29th of June, 1G86, have made their public declaration, that thoy will not stand 
suit with your Majestic, but will proceed by their humble address, for continuation 
of their privileges and liberties, according to Charter, and that many of the freemen 
did give in their judgment to the Assembly, and left the further jiroccdings to their 
judicious determination, as by their declaration herewith sent, may ap])car. 

We, your present supplicants and humble petititionei's, derlarc, that we know 
nothing of it, neither have we left the further proceedings with the Assembly, but 
present our selves before your Majestic by this our early and humble address, de- 
siring we may be discharged of all levies and contributions, which they would ex- 



J. Ciirter Brown's Maiuiscn'iits, Xos. 207-8, Vol. IV. 



1G86.] 



AND PROVIDEXCE PLANTATIONS. 195 



pose us to, to defray the cliarges of an Agent's going for England, to wliieli we can- 
not consent, and shall ever pray for your Majestic's long and liapi)y reign. 
Your iMajostie's most loyal and oljedient subjocls. 
Dated in Rhode Island, the lUth of July, IGSG. 

JNO. WILLIAMS, TELEG SANEOIID, 

THOMAS CODUINGTON, JOHN FONES, 

JOSIAH ARNOLD, JOHN ODLIN, 

FRANCIS I5KINLEY, ANDREW WILLETT, 

RICHARD SMITH, JOHN GKEENE, 

EDWARD I'ELHAM, his 

^'ATHANIEL CODDINGTON, JOHN I R RATHBONE, 

CHRISTOPHER ALMY, niarke. 

[An aildress was also sent to the King from th(> (Quakers of Rhode Island, in re- 
lation to the writ uf (^10 Warranto. They set fortii that tiiey arc a " loyal and 
peaeeahle peojile, and < anndl in conseience bear arms, nor learn war any more," — 
'• that they may lie e.\ensi'(l, being willing to pay all just r.ites and duties for carry- 
ing on the Counnonweallli's all'airs, and for supporting the government with others, 
aci-ording to estate and strength." This address bore date of August 20, HJSfi, and 
was .-signed by John Easton. Danhd (iould, Edward Thurston, (iylcs Sloi-um, John 
Rodman, and John Easton, Jun'r.] — ./. Curler lirounis M.<s. ]'ol. 71'. iVo. 214. 



Jan/cs the SccoiuTs Conimission, Comiiluiiurj a President and 
Council. 

James the Second, by the grace of God, King of England, Scotland, France, and 
Ireland, Defender of the Faith, &c., to all to whom these presents shall come, 
greeting: 

^Vhereas, a writ of scire facias hath been issued out of onr High Court of Chan- 
cery against the late Governor and Company of the AJassachnsetts Bay, in New 
England, whereby the government of that Cullony and members thereof, is now in 
our hands; and we being minded to give all protection and encouragement to our 
good .subj(;cts therein, and to provide in the most elleetnal manner, that due and 
impartial justice may be administered tn all cases, civil and crimimd, and that all 
possible care may be taken for the just, (juiet, and orderly government of the same, 
know ye, therefore, that we, by and with the adviee of our I'rivy Council, have 
thought lit to erect and constitute, and by these presents, for us, our heirs ami suc- 
cessors, to ercjt, constitute, and api><iiiit a I'resident and Couneil, tn take care of all 
that our territories and dominions of New Englaml, in America, connuonly called 
and known by the name of our Collony of the Massachusetts Bay, and our I'rovince 
of New Hampshire and Maine, and the Narragansett Country, otherwise called the 
King's Province, with all the Islands, rights and members thereunto appertaining; and 
to order, rule, and govern the same, according to such methods and regulations as are 
herein al'ter specified and declared, until our Chief Governor shall aniv.' within onr 

And fnr the belter cxrruting of nnr Royal plcasur.' in this behalf, we do hereby 



106 RF.CORDS OF THH mr.OXV OF KlfOIX'; ISt^A.VDj [1080. 

Tiominrxte and appuint our tni-ty ami well lielovoil ?(ihjcct, Joseph DiuUcy, K5(i.,* 
to hi; 'Aw. lirst I'lTrldcnt ol' tlie said Council, ami to continin> in tlic said ollicc milil 
we, our lifirs, or suci'fs-ors t^liall otliirwisc direct. And we do likewise Momiiiatc 
and appoint our trusry anil well-beloved subjects, Simon l)radstrect, Wni. Slounli- 
ton, Peter Hulkley, John rynehon, Robert Mason, Uirhanl Wharton, Waite Win- 
thro|), Nathaniel Saltonstall, Bartholomew Gidney, Jonathan 'i"yn-, John Usher, 
Dudley Bradstreet, John Ilincks, Francis Chanipeiiioone, Edward Tynj;, John 
Fitz Winthrop, and Edward Randolph, Esij'rs, to be of our Co\in( il, within our 
said territory anil Collony ; and that the said Joseph Dudley, and every succeedinj^ 
President of the said Council, shall and may nominate and aijjioint any one of the 
members of the said Council, for the time being, to be his Deputy, and to preside 
in his absence ; or the said President or liis Deputy, and any seven of the said 
Council, shall be a quorni. And our express will and ]ilea>\ire is, that no per- 
son shall be admitted to sit, or have a vote in the said Cu\incil, untill he hath tak- 
en the oath of allegiance, and tlic oath hereafter inentloiicd, lor the due and inijiar- 
tial execution of justice, and the faithful discharge in them reposed. 

[The above written is part of the connnission of Charter granted to Colonel Dud- 
ley, that concerns the Narragansett country, or King's Province ; the rest is general 



* From the hi.crh iiosition of Governor Joseph Dudley, and his intimate connexion with 
the history oftiie Now Enjjlaiul Colonics, we present tlie following,' skitcli ol'liis life from 
tlie New England Historical and Genealogical Register, Yul. X. \>. ;{;!7. 

Joseph was the second son of Governor Tiiomas l>iiilley, a ile>cenilaii; of the Rarons of 
Dudley, Rnglaiul, whence he derived his name and armorial Ijearings. lie was born 2'id 
September, 1617, at Roxliury, Mass., and graduated at Harvard College, in \ivy,. His sub- 
sequent otiieial career was tlie mo.-t f'rilliaut that had tln/n been \vitue.-<cd in tlie new 
world. 

He served Ids native town, llrst as a Representative, and next a-; an A'^-l-tanf, from 107:! 
to 1083, and was one of the two Coinmis?iuuers I'ur tlie United Coluiiies from 1077 to 
lOSl. 

He was present at the battle witli tlie Xarragansctts, in Deccmlier, Iim-'j, and was one of 
the Commissioners wlio dictated tlie terms of a tnaiy with tlnit iioweil'ul tribe. By a 
commission from King James H., dated 'J7th Se|>tenibei-, 108-3, lie was exalted to the ottiec 
cf Fresitlent of New laigland [ JIassacluisetfs, Maine, New Ilamiisliire, and the Navragan- 
sett country]. In liiS7, he was aiipointed Chief Justice of the Superior (now Supreme .hi- 
dicial) Court ; and fell mto trouble in the levolntion of liib'.i, luing anesteil and iniiirisdn- 
cd in the castle at Boston, as one of the friends of Andros. I'.y his letters to the peoiile's 
Governor, Simon Rradstreet, who was his I)rother-in-law, it appears he was fur a hjiig time 
treated witli eonsiilernblc rigor. At length, l.ieing sent to I'.iiglimd wiih Aiidro-, the fallen 
President, the new Sovereign, (>iieene Anne, received him wiih fa\(ir,aM.l made him Chief 
Justice of New York. He was again in Kngland, in lO'.i.'i, ami, glaring eight yeai>, >ays Gov- 
ernor Ilutclunson, he held the olhce of Lieutenant Governor of the Me nl' Wight, Ixiiig, in 
1701, elected to Rarliameut from Newton, in that Island. Mr. Dudley luld many other 
l)ublic ortices and honors too numerous to mention. In 1702 he reinrned to his ticloved 
native country, as Captain General and Go\ernor-in-Chief of Massaclm-iits liny, including 
New Hampshire and Slainc, being received here wiiii great respect anil all'eciion. Cnntin- 
ning in this high station till 171.5, when a new sovereign ascended tlie throne of Kiiglaml, 
that knew not Joseph, he retired to his rural liomc in Roxbnry, and dinl on the '.M d.iy of 
April, A. D. 17'.'0, in the seventy-third year of his age. 



16SG.] AND rnOVIDEN'CK PLANTATIONS. ] 97 

iii^tniction for the government of the wliole, and conchuk-d in tIle^e words fol- 
lowlng] : 

In witness whereof, we liave caused these our letters to be made patent. 

A\'itness Oiu-self at Westminster, tlie 8tli dav of October, in llie first year of our 



P rndaniallon of James Second, relative io the JVarrar/ausctt 
Count n/. 

A PRCJCLAMATIOX. 
Bv tlie President and Council of liis Majesty's territory and dominion of }sew 

Knixland, in America. 

AVhcreas, \\\:f. Most E.xeellent Majesty, our Sovereign Loiil, James the Second, 
King of England, Scotland, France and Ireland, Defender of tlie Faith, i<c., by 
Conuuisslon or Lettci-s ratcnts under his great scale of England, bearing date the 
8th day of October, in the first year of his reign hath been graciously pleased lo 
erect and constitute a I'l'c^sidcnt and t'ounril to take care of all that his tci'ritoiy 
and dominion of New England, called the Massachusetts i'.ay, the I'l-ovlnccs of 
iNeu- Hamp-hire and Maine, and the Narragan,-elt Country, oilierwise ealied the 
]\.iiig's I'rovincc, with all tlu' l>lands, rights and inembeis tlicreunlo appertaining; 
and to oriler. rule and gDVi'rn the same, according to the rules, methods and regu- 
lations sjiceillcd in the said Commis.-Ion ; together wiih his Maje.-ty's gracious indul- 
gence in matters of religion. 

And for the execution of his lloyal pleasure in that bclialf, his Majesty hath been 
pleased to appoint Joseph Dudley, Es(]'r, to be the li^^t President of his ^Jajcsty's 
said Council, and \'ice Atlmii-al of these seas ; and to continue in the said ollices 
until his Majesty shall otherwise direct ; and also to nominate and aippoint William 
StoiiLihlon, Es(|"r, now Deputy ]'resident, Simon Bradstreet, Robert Mason, .John 
Fitz Winthrop, John Pyachon, Peter Bulkley, Edward Pvandoii-h, Wait Winthrop, 
liiclmrd Wliai-ton, John Usher. Nathaniel Saltonstal, Bartliolomcw (iidiiey, Jona- 
than Tyng, Dudley Bradstreet, John lliiiks, and Edward Tyng, E.^p-'s, to be his 
.Majesty's Council in the said CoUony and territorys. 

'J'lie President and Council, therelbre being convened, and having according to 
the direcli(m and Ibnn of the said Commi^.Mi.n, taken their oaths and entered the 
government atbresaid ; and finding it needful, that speedy and tH'cctual care be 
taken for the observation of his Majesty's commands, and particularly for tlie regu- 
lation and good government of the Narr.ig:insett Country, or King's Province, 
whieh hatii hitherto been unsettled. They, the said President and Council, have 
resolved speedily t.) erert and settle a con-taut Court of Record upon the jjlace ; 
and that the President, Deputy Presiilcnt, or some others of the members ot his 
^lajesty's Council, shall be present to give all necessary power and directions for 
establishing his Majesty's government there, and ailministration of justice to all his 
Majesty's subjects within the said NariMgan>ett Country, or King's Province, and 
all th(! Islands, rights and members thereof. And the said President and Council 
have ill the interim a.-.-igned Richard Smith, E.-ij'r, ,Iames Pendleton, and John 



.Mm ■:. IhVt. Cullccliuiis, Vol V. p. ■. 



198 KIX'OIIDS OF THE COLONY OF RHODE ISLAND, [1GS6. 

Fonos, gentlemen, justices, to keep the pcaec of our Sovereign Lord, tlie King, and 
all liis subjects ; and also given conuuissioii to tlie said Ilicliard Sniilli, to Ijc Sergeant 
^L'ljor, and cliief Connnander of" his Majesty's militia, both of horse and foot, within 
the Narragansett ('(unitry, or I'i'ovince, and all the Islands, rights and members 
thereof. 

Therefore, the said President and Council, do hereby in his j\Iajesty's name, and 
by virtue of his said Co innission, strictl}' require and command all other persons 
being or coming upon the place, to forbear the exercise of all manner of jurisdic- 
tion, authority, and power, and to cease all further proceedings for the allotments or 
divisions of land, or making any strip or waste ujjou any part of said Province, save 
onl}' on each man's stated jiroprict}', except by licence obtained fVom the said 
Court, or the President ami Council, until there shall be such ell'cctual regulation 
and government esta!)lishud, a.- is directed by his Majesty. And the said Pre^ident 
and Council do hereby luMiccforth dischai-ge all his Majesty's subjctts within the; 
said Narragansett Country, or King's Province, and all the Islands, rights and 
members thereof, from the government of the Governor and Company of Connec- 
ticut and Rhode Island and Providence Plantation, and all others pretending any 
power or jurisdiction. Hereby charging and commanding all his Majesty's subjects 
to yiekl I'cady and due obedience to the said Justices of the Peace, the Sei'geant 
Major, or chief Connnander of his Majesty's militia. And George \\'eightman, 
Thomas Eldridge, Thomas iNIonford and William Chaplin, arc hereby appointed 
and authorized present Constables ; and liberty given to the aforesaid Justices to 
appoint so nv\ny more as tliL'y shall see needful to them, and toadministeroaths unto 
the aforesaid Constables and such as are to be ordained. And all other persons arc 
to be aiding and assisting unto them the said Justices and Constables in the execu^ 
tion and discharge of tlu'ir respective olllces, charges and trusts, as they will answer 
the contrai'}' at their utmost peril. 

Given from the Council house in Boston, this 2Sth day of May, Anno Dommini 
IGSG, Annog: Kegni Regis Jacobi Secundi Secuiulo. 

By the President and Council. 

EDWARD RANDOLPH, Sec'ry. 
God save the King. 

Willi cr ClarJc to Edivanl Randolph. 

Esteemed and courteous: Understanding by the blessing of (iod of thy landing 
at Boston, the l.lth instant, hold myself obliged to congratulate thy safe arrival once 
more into these American parts, and to assure thee that as I stand constituted in my 
j)rcscnt capacity, shall be glad to serve thee in any office of love to my power, which 
I presume is the minds of all my wdl-beloved friends, and hope our practice will 
demonstrate the same if time and opportunity offer, having a tiue regard to all su.'h 
whom his MajestN', in his princely wisdom, thinks meet to employ in his :veighty 
concerns, is all at present, and with dear respects to all so inmiediately concerned,* 

Remain thy assured friend, 

WALTEIl CL.\RKE. 
Newport, on Rhode Island, this 15 day the 3 mo. [May] U=SG. 
For his esteeimnl Ed. Randolph, Escj'r, \, 
in Boston, these. ) 



v^-. IIM. (.'(.1. \.il. VlH , I' 



IGSG.l AND TROVIDENCE PLANTATIONS. 199 



Order of the President and Council. 

Boston, the 17th day of June, 1G8G. 
We, John Pynelion, Bartholomew Gidney, and Jonathan Tynjx, mcmhers of liis 
Majesty's Council, have examined the several aets, aecords, deeds, and entries, in 
the twenty-seven foregoing pages,* and find them to agree witli the originals in the 
hands of Capt'n Hutchinson, and reconnnend it to tlie President and Council, that 
the transactions in this book be allowed and declared good and authentic records ; 
and that the same book be carried on and emj)loyed for entry of the suijsiMjuent 
acts, orders, agreementj, and transactions of the proprietors, deriving by, with, and 
tVoui John \Vinthrop, Esq'r, and Major Humphrey Atherton, deceased, and their 
associates, and all other matters fit for public records, in the Narragansett country, 
or King's Province 

JOHN PYNCHON, 
BARTHOLOMEW GIDNEY, 
JONATHAN TYNG. 

Letter from Edujard Bandolpli to Governor IlincHe/f^of Plymouth, 
relative to Taxes for the support of JDiisters. 

Rhode Island, June '22d, 1G8G. 

Sir : I am come hither in my way to Narragansett, and am liei-e entertained with 
an unpleasing story (if true), that is, about three weeks since some persons of this 
place were at Seituate, where a Constable came and demanded three pounds of Ed- 
ward Wanhiye, for to pay the Minister; and have treated others in the same man- 
ner. Truly, I am very sorry, since liis Majesty has been graciously ])]cased to 
grant liberty of Conscience In our govcrnnicnt, that It should be rc-tralncd In your 
Colloiiy, wlthnut any particular directions from Wliltchall. 

8Ir, let us bring the matter to the S(piare, aiwl perhaps 't will be as reasunable to 
move that your Collony slmuld be rated to pay our Minister of the Clunrh of Eng- 
land, who now preaches in Boston, and you hear him not, as to make the (Quakers pay 
in your Collony, when what Is a rule tor us, is a very good direction toothers; and 
may be applied securely if not practiced to the [rest] of his Majesty's subjects, wlio 
are all entitled to that blessing and favor ; wliich I leave to your \eyy serious con- 
sideration, and am your assured friend, ED. RANDOI^PH. 

To Francis Hinckley, Escj'r, 

Governor of iN\nv Plvmouth Collonv. 



* This refers to the summons; calling tlic mcctin.;; of the Narragansett Coininissioncrs, 
tlioir report, uml the King's commission to Eilwanl Crnalieiib 

t Letters and Papers (licv. T. Prince's Collection), IGSG-17'JO, p. 3. 



200 IIECOIIDS OF THE COLOXV OF IlIIODE ISLAND, [1G8G. 



Comniisslon lo Edtvanl luiudolph, Secrdan/ of IJte Governor and 
Council of I he JVew Enr/land Colonics. 



September 21, 1685. 

JAMES iii-:x. 

James tlie Second, liy tlic araee of God, Kin^ of Kii;^land, Seotland, France, and 

Ireland, Dei'ender of the Faith, and to all to whom these jjrescnts shall come, 

greeting: 

Whereas, we Inve thouiiht fit to appoint a President and Cnnncil, until wc shall 
soml over a Governor in Chief to take care of all onr teriitory and dominion in 
New Hn.^land, connn.mly called or known l.y the names of the Ciillony of the Mas- 
sarduisetts Bay, the Province, of New ilanqxhire and -Maine, and the Narragansett 
Conntry, otherwise called the Kin-'s Piuvlncc, with all the islands rij^lits and mem- 
bers thereunto belonj;inj: ; know ye, tiiat wc rep.i>in;_' I'-pecial ti-n>t and confideiico 
in the loyalty and abilities of our tni.-ty and wrll beloved Fdward KandoIi)li, Esq'r, 
have given and granted, and, by these jiresents, do liive and jjrant nnto liim, the 
said Edward Randolpli, the several and resjiective ])l.iets and olfiees of Seeretarv 
and sole Register of onr Governor and Council, and of onr <2nvcinmcnt there, (or 
the time being, of and in our territories and dominion afoiesaid, and him (the said 
Edward Randolph, Secretary and Register of onr said territorv ami dominions), 
we do, by these presents, make, ordain and constitute, to have, hold, exercise and 
enj(\v the said places and oflices, or to him, the said Jvlward Randolph, by himself 
or his deputy or deputies during our pleasure, together with all b es, rights, privi- 
K'ges, profits, pcnpiisites and advantages, to the said jilaces and odices, or either of 
them, belonging or in any wise apjK'rtaining in as full and ample manner to all in- 
tents and purposes, as the Secretary and Register of our Island of Jamaica, or of 
any other our Plantations in America, liave had or do now receive and enjoy. And 
hereof all persons, wiiom it may concern, are to take due notice, and yield obedi- 
ence tliereunto accordingly. 

Given at our Court at ^Vindsor, the 21st day of Septcndjer, IGSo, in tlie first 
year of our reii;n.* 



Proceeding-'^ of a Court held hjj ilic Conunissioners. 



King's Province, June 2.'?, 1C8G. 
At a Court held by his Majesty's Commissioners and Justices, at Major Richard 
Smith's, in Rochester, in the King's Provice. Present, 
Joseph Dudley, President, 1 
John Winthrop, Es(p, I 

Edward Randolph, Esq., | ^^l^^'' ^^^^J^'^ty'sConncil. 
Ricliard ^Vharton, Es(|., j 



*Mass. Hist. Cul.VoL YH., p. IGl. 



iGsr..] 



AXD rnOVIDEXCE PLANTATIONS. 201 



Jolm 15!;Rk\vol!, Elislia Ilutcliinson, Richard Sinitli, Francis Bi'iiilcy, Jolin Saf- 
fiii, Esips. ; Jolin Foiies, Thomas Ward, James rendloton, gentlemen. 

Iiupriinis. The j)ower and commission of tlie President, and the rest of the hon- 
oialilc 'jeiuK'uien commissionated and for tliat purpose, was read, and tlic President 
and all the .Justices there assembled, took the oath prescribed in said commission, 
and thf .Iiistices' oatli ; also Capl'n -lolm Ulackwell, Capt'n Elislia Ilutcliinson, 
Francis IJriidcy, John Safiin, Fs(ir's, and jMr. Thomas Ward, took tlie oath of al- 
k-lnnrc. 

.Inlm Foncs sworn iintn tlio onirp of Clerk to said Court, and all Courts wliicb 
shall hcival'lcr i)c held iu the Kind's I'l-ovince for the time bciiiL': the i\iiiii;'s com- 
nil^>ioii to tlie Pi'csidcnt and Council of his territories and dominions in Xcw Eng- 
land, openly read. 

ConnnisMons unto all the comniissioneil olhcersof the respective com])anies of the 
militia ill the King's Province, delivered by the President, they having formerly 
taken the oath of allegiance. 

()rder('(l, That the three towns now in the Iving's Province, shall be called Roch- 
ester: the fn'.-t and chief, liirmerly called Eingston. 

llaver>liam, the see(;nd, tonncrly called Westerly. 

Dedfonl, the third, formerly called Greenwich. 

Eli?ha Hutchinson, l-'.sn'r, having exiiibiteil a book and reference, and report 
thereon, under the hands of John Pynchon, narlholnniew (Jidue'v, and Jonathan 
Tyng, E.-(i'is, and the ordei-s for allowance by tiie President and Council at Poston, 
dated the 17th day of this instant month June, it is ordered, that the said book and 
report, and allowance thereon, be committed to Capt'n Jolm Fones, Clerk and Re- 
corder of this Province ; and that the mattei's entered in the said book stand and re- 
main as authentic records of the Province; and in tlie same book the Clerk is or- 
dered to enter such further records, grants, and bargains of lands, &c., as shall be 
acknowledged and allowed before the President, or some members of his Majesty's 
Council, from time to time, under their hands, with several other deeds as have 
been allowed by former authorities. 

Ordi'red, That two Courts of Pleas shall be held yearly at lux'hester. The first 
Court to be held the second Wednesday in (3ctober, and the second the last Wednes- 
day in May. 

And lor the impartial issue of titles of land within this Province, and that absent 
claims may not be impeded, nor exception made against the tJudges, several of iiis 
Majesty's Council and Justices assigned to iiold his Majesty's Court here, being con- 
cerned in tlie general titles : 

It is ordered, That all original writs in real actions shall be served at least thirty 
days liefore the session of the Court that shall try the ca.se; and that declarations be 
filed in si.x days after the process is served, and that the Clerk of the Court ibr the time 
being, shall at least eighteen days before the session of the Court, transmit to the 
President or Dcjiuty President, an account of all actions entered and depending on 
the general files. 

Ordcri'd, That in all iitlicr eases, the proceedings of the Court in this Province, bo 
agreeable to the general order and directions for the administration of justice in other 
paits of his Majesty's territory and dominion under this government. 

For the settlement of precincts of towns and the government of the militia, it is 
onlered, that the bounds of the town of Rochester,"'in the King's Province, shall be 
accounted to begin at Mill River, to the eastward of James Reynolds, Sen'r, his 
VOL. ill. 14 



202 RECORDS OF THE COLONV OF RHODE ISLAND, [1G8G. 

house, and to extend to the ■westermost bounds of the tract of land commonly known 
by the name of Pottequamscot, as it is bounded by the agreement made the 25th of 
December, IGTf), including the northern and soutlicrn tracts, purchased by the lato 
John Wintbrop, Esq'r, and others ; also said Pcttcquamscot tract, and the inhabitants 
thereof. 

Ordered, That the bounds of the town of Ilavorsham, in the King's Province, 
shall be accounted to begin at Rochester, and extend to Paucatuck River, 
including all the lands in the King's Province, to the westward of the said town of 
Rochester. 

Ordered, That the bounds of Dcdford, in the King's Province, shall begin at 
Rochester bounds, to extend unto the bounds of Warwick, including all the lands 
in the King's Province, to the eastward of the said town of Rochester, viz. : the 
lands formerly called East Greenwich, Cowesett, Pottowomack, and iidiabitants 
thereof. 

Ordered, That other inhabitants in the King's Province shall belong to and at- 
tend their respective duties in such of the abovesaid towns as their habitations lye 
nearest, until further order. 

Forasmuch as sundry persons have been deluded, whilst no government was set- 
tled upon the place, having been cncouragcd,without license from the proprietors, to 
baild and make improvement upon the lands called the mortgage lands; to the end, 
therefore, that all such persons may have seasonable time to make tlieir composi- 
tions, that so they may, either upon purchase, rents, or other good agreements, en- 
joy their respective improvements, where they seem not prejudicial to townships 
nor highways, it is ordered, that no possessor, as incuml)ent of or upon any such 
lands, shall be molested, nor any action upon the title of land brought against them 
before the 20th day of August next. In case upon any treaty with the proi)rietors, 
or their committee, they receive not satisfaction in the terms, the said tiossessors or 
incumbents shall, upon their complaints, be heard by the President and Council at 
Bos'.on, and relieved so far as may be consistent with common justice, and his Maj- 
esty's service, who will further direct to the trial and issue of the dillerences. 

June 2iik 

Ordered, That thirty, or any less number of wild or unmarked horses of two years 
old or upwards, shall be taken up, and by the order of two of the Justices of the 
Peace sold; and the produce employed for building a pri.son and erecting stocks. 
And that Daniel Vernon be appointed ^Marshall of the Province, and prison 
keeper. 

Ordered, That copies of all publick acts and orders of this Court be fairly 
drawn and sent to the Constables, to be published in the several towns of this 
Province. 

In answer to the complaint of James Corrsc, late servant to John Carr, showin"' 
his indenture, and complaining that he is dismissed after many years service by the 
said indenture, without necessary apjjarel ; all which doth also aj)pear unto the 
Court. 

It is therefore ordered by the Court, That the said John Carr, the master, do 
provide and deliver unto the said servant one suit of clothes, one shirt, stockinf^s 
and shoes as is mecte for such a servant for his body, within ten days next or pay 
unto him four pounds, to provide for himself. 



108G.] AND PROVIDENCE PLANTATIONS. 203 

Ordered, That four days in the year be appointed for trayning ; and that the 
penalty for non-appearance be six shillings, eight pence per head. 

Rochester, July 5lh, IGSG. Copie, per JOHN FONES, Clerk. 



Letter from the Court \_of 3Iassachusetts] to Dudtcij. 



Gentlemen : We ha%'c perused what you left us as a copy of his Majesty's com- 
mission, showed us the 17th insUmt, empowering you for the governing of his Maj- 
esty's subjects, inhabiting this Collony, and other places therein mentioned. You 
then ap[)lied yourselves to us, not as a Governor and Company, but (as you were 
pleased to term us) some of the principal gentlemen and chief of the inhabitants of 
the several towns of the Massachusetts — amongst other discourse, saying, it con- 
cerned us to consider what therein might be thought hard and uneasy. Upon pe- 
rusal whereof, we find, as we conceive : 

1. That there is no certain determinate rule for your administration of justice; 
and that wliich is, seems to be too arbitrary. 

'2. That the subjects are abridged of their liberties, as Englishmen, both in the 
matter of legislation, and the laying of taxes ; and indeed the whole unquestioned 
privilege of the subject transferred upon yourselves ; there being not the least men- 
tion of an Assembly iu the commission. And therefore we think it highly concerns 
you to consider whether such a commission be safe cither for you or us. But if you 
are so satisfied therein, as that you hold yourselves obliged thereby, and do take 
upon you the government of this people, although we cannot give our assent there- 
to; yet hope we shall demean ourselves as true and loyal subjects of his Majesty, 
and humbly make our address unto God, and in due time to our gracious Prince, 
for our relief* 

Passt by the whole Court, May 20, 1G8G, neminc contradicente. 

Attest, EDW: RAWS ON, Sec'ry. 



llandolph to the Board of Trade on the stale of the Colonics. 

Boston, in New England, July 28th, 1686. 
Mav it please your Lordships : Pursuant to his Majesty's order in Councill of the 
15th of July, 1G85, directing Mr. Attorney Generall to cause writs of Quo War- 
ranto to be brought against the Charters of the Collonys of Rhode Island and Con- 
necticut, in New England, I accordingly served those writs; though by a tedious 
passage of almost six months from London to this place, the time of their return was 
lapsed. However the Governor of Connecticut, upon my delivering the writ to him 
at Hartford, on the 21st instant, has appointed a meeting of the Generall Court of 
that Collony to be called together to surrender their Charter to his Majesty, if not 
persuaded by the factious party here (who arc unwilling to depend upon his Majes- 
ty's favor) to stand a tryall, only to gain time, and delay his Majesty's sending over 
a Generall Governor. Upon my giving the Governor of Rhode Island the sum- 



* M;iss, Hist. Col. Vol, VIII., p. 170. 



204 KECORDS OF THE COLONY OF RHODE ISLAND, [1G8G. 

mons of the writ, lie assembled the iVooinen, and they have drawn a petition and 
address to be forthwith humbly presented to his Majesty. 

I intended long before this time humbly to lay before your Lordships a more early 
account of the jiresent state of this j^overnment ; but have forbore, to see what ef- 
fects his Majesty's gracious commission ot a new constitution of government, con- 
taining liberty of conscience, would have upon the people of this Collony, which at 
my first arrival was received with all outward show of satisfaction, and a eompliment 
of gratitude was returned his Majesty for that favor. But since, the proceedings of 
the President and Council!, whatever they write or pretend in their letters to your 
Lordships, are managed to the encouragement of the independent faction, and utter 
discountenancing both the minister and those gentlemen and others, who dare 
openly profess themselves to be of the Church of Kiigiand ; not having any allow- 
ance for our ministers, more than we raise by contribution aumngst ourselves; the 
form of this government is only changed ; ibr our Independent ministers ilourish 
and expect to be advised with, in publiclc affairs. I need no other arguments to 
confirm the truth hereof to your Lordships, than to say, that but two of the j)resent 
members of the Councill, viz. : Mr. Mason and myself, are of the Church of Eng- 
land ; that of above sixty oflicers in the militia of this whole government, there are 
not above two Captains and two or three inferior oflicers but are either Church 
members, or such as constiintlj' frecjuent those meetings, which makes con-contbrm- 
ists from all places resort hither. 

About two months ago, Mr. Mourton, an excommunicated minister, came hither 
from Newington Greeen ; he was welcomed by our President, and designed to be 
made head of our College; but not daring to proceed at first by such large steps, 
he is called to be minister at Charles Town, a very good living, and is ready at 
hand to be the President of the College. 

Two brothers of the name of Baylys, great and <laring non-coiifnnnist ministers^ 
at Limerick, in Ireland, have been here these two years, and well piovided lor. In the 
time of Monmouth's rebellion, most part of the ministers animated the people, say- 
ing the time of their deliverance was at hand, and not one of them jirayed for his 
Majesty, and would not give credit to his Majesty's gracious letter, signifying the 
overthrow of the rebels. 

I humbly propose, as greatly for the quiet and welfare of this Plantation of New 
England, that no minister from England be admitted to land without the license of 
the Generall Governor; and that he have power to license or restrain from preach- 
ing publickly such as are already upon the ])lace. From all which, it will appear 
Tery needful, that his Majesty would be graciously j)leased to send us over a Gen- 
erall Governor, to unite and settle this distracted couiiti-y ; and also to make L'ood, 
what is newly begun in this Collony, the delays whereof may be of evil conse- 
quence, and give way to the factious people here to re-assume tlie government ; 
which they openly declare they have not jiassed withall, but expect an opportunity 
to be restored. 

And as to the discharge of the trust reposed in me, I lunnbly represent to your 
Lordships, that under color of his Majesty's authority, the President t ikes L'l'cat lib- 
erty to impose upon me in my station, and would not assist me to make a seizure of 
a vessel in the harbor, which my ollicers were not permitted to lioanl. 1 am bv all 
accounted the sole enemy of the country, having been Ibr eleven vears attendmi: 
his Majesty's commands in (his alliiir, and by serving the writs u|>uii the (/ther C'ol- 
lonies, my life will be made very uneasy, unless liis Majesty shall be pleaded u'ra- 



IGSG.] 



AND PROVIDEXCE PLANTATIOXS. 205 



ciously to rd'onimciid mc to the care and pi'otcction of liis Gcncrall Governor, for 
wliusc .<pei'(ly arrival all good men heartily piay. All which is humbly submitted 
by Your Lordships' most humble servant, 

ED. I'vANDOLPII. 
To the Honorable the Lords of tlie Conmiittcc for Trade and Foreign 
riaulations. 



Jiandolpli to the Board of Trade on the stale of the Colo]vj. 



Boston, in New England, August 23, ICSG. 

!^L'ly it please your Lordships : In my letter of the 28th of July last, I humbly 
represented to your Lordships my serving the writs of Quo Warranto against the 
Colionies of llhodc Island and Conneeticut, and that they intended to make their 
humble submission of their Charters to his Majesty, unless underhandedly diverted 
by the faction in this government, who arc countenanced, and are not out of hopes 
to be rcslDivd to the exercise of their former authority by Chartei', tiie late Generall 
Court being ui)on an adjuurrimeut, continued, made upon tlie 21st of May last, and 
are to meet at S o'clock, in the morning, upon the second Wednesday in October 
next, and as yet the President and Councill, though often moved iiy my self, that 
their adjournment ought to be declared illegal, have done nothing to discountenance 
that act, but on the contrary, have preferred divers of the Magistrates and others of 
the late government, to counnands in the present militia, and Justices of the Peace 
in severall of the towns in this country. 

His Majesty having been graciously pleased to grant me the office of Secretary 
and Register of this government, I demanded the Records of the Generall Court, 
and other books of public concern, which ought to be lodged in my odice, and had 
an order to that jjurpose ; but some of the Councill and otiiers, looking upon me as 
the only enemy of their country, have encouraged the (brmei- Secretary to keep 
them in iiis custody ; to the end your Lordships might know what large tracts of land 
they have bestowed upon each other, and are at this day making sure to themselves 
all the land in this government not yet disposed of, in which i)erjeet is one Capt'n 
Elackwell, Treasuivr to the aimy in CroiiwveU's time, and son-in-law to Lambert, 
and now made Justice of the Peace, although excepted in tlie free and generall 
pardon in the twelfth of his late .Majesty. 

Tliey likewise refn.se to let me have an account of the receipts and disbursements 
of their late Treasurers, which I have ol'ien demanded, the Ijctter to discover to 
your Lordsiiips the rates and taxes imposed u|)on the people (against the wills 
of most of the inhabitants) to defend tlieir Ciiarter and continue themselves 
in government. The great iiivor of liberty of conscience granted this people may 
in a short time be of ill consequence to this government, unless it lie in tlie ])Ower 
of his Majesty's Generall Governor to put .some limitation to their extravagant use 
of it. 

It plainly appears, that although his Majesty lias been graciously pleased to ap- 
point several! of the late government to be of his Council ]iere,yel they retain their 
old principles; and I humbly propose it very necessjry for the good governing of 
tins Plantation, that his .Alajesty's Gciier.ill' Governor be likewise impowered lo 
displace such [lorsons in the Councill who opjiose his Majesty's iutcrcsl, and elect 



206 RECORDS OF THE COLONY OF RHODE ISLAND, [168G. 

others in (liclr stead ; otherwise, 't will not be possible to raise a revenue for sup- 
port of this government. 

Great numbers of people are transplanting themselves from England, Scotland, 
&c., to this country ; one ship has now brought us sixty passengers, with two non- 
Conformists Ministers. I have pressed that all jjcrsons above sixteen years old 
should present their names and give an account of themselves, and also be obliged 
to take the oath of allegiance ; but this being looked upon as a great discourage- 
ment to good people, is referred to the directions of his Majesty's Generall 
Governor. 

I find the country dissatified for want of an Assembly of Representatives from 
the severall towns in the government, Avith power to raise money, and make laws, 
&c. The great matters they aim at, are a generall pardon, a confirmation to them 
of all their lands and possessions whatsoever, and to settle independency by a law ; 
but are very cold and backward to my proposalls of raising his Majesty a revenue 
upon quit rents, and the consumption of all liquors, wines, and other merchandize 
imported into this country; which upon the addition of the Collonys of Connecticut 
and Khode Island to this government, may amount to nigh .£4000 a year, some part 
of which ought necessarily to be ai)plycd to maintain oilicers in the severall ports 
of this government (as in New York), to take care that the Acts of Trade be duly 
executed, otherwise no men of credit will undertake that trust, unless they have a 
competent allowance for their service. 

"We have lately had a pirate of fourteen guns, and one hundred men upon our 
coasts ; and Capt'n George, commander ot the Rose Frigate, was ordered to find 
him out, but he came too late ; for the pirate having first ro!)be(l two sloops laden 
with pork, peas, and other provisions, was gone away to the \Vest Indies. 2^ot 
long since, Gramond, a Frenchman, of fifty guns, lay ofi" Carolina, and desired 
leave to trade, which was denieil him. We have advice that a small sloop of twen- 
ty men have been seen upon our coasts. These very much disturb our trade.* 

All which is most humbly submitted by 

E. RAXDOLFU. 

To the Riirht Honorable the Lords of the Committee for Trade. 



Ldlcr froiiiRandoIph to ilie Lord Treasurer, after issiiciufj the writs 
of Quo Warranto. 

Boston, In New England, August 23, IGSC. 
May it please your Lordship : By the blessing of God, and your Lordshii/s fa- 
vor, I have performed his iMajesty's commands, and brought this people to a nearer 
dependance upon the Crown. I have likewise served two writs of Quo Warranto, 
upon the other two Collonies of Connecticut and Rhode Island, who are preparing 
to make their humble submission to his Majesty. But unless his Majesty j)lease, in 
a very short time, to send us over a (.jcncral Governor from iMigland, all that is 
already done, will be of litlh' advanta-e to his .Al.ijesty's interot. The iml. 'pend- 
ent faction still [irevails, and pci'sons of d'lngerous piiuciples fi-um Eiighnul, Irel;ind 
and oilier places, are here received ;ind highly encouraged. They have put Cajit'ii 



J. C.iitu- i;io\-.irj Muuusciiiils, No.-. '.'10, \:\Z, Vul. IV. 



1G8G.] 



AND PROVIDENCE PLANTATIONS. 207 



ElackwcU Oliver, Treasurer in London, son-in-law to Lambert, excepted in tlic 
Act of Indemnity, and a violent Commonwealtli's man, to be of tlic Commission of 
the Peace, and a man consulted with in all public afiairs. The independent min- 
isters and others, make every ill use of his Majesty's indulgence and liberty of con- 
science, some of tiiem have spoken treasonable words in their puliiits, of whicli (to 
no purpose) I have complained to the President and Council, so that I am humbly 
of opinion, that liberty of conscience will nuich obstruct the settlement of tiiis place, 
unless duly regulated by the antliority of a prudent Governor sent hither. Your 
Lordship may please to remember, that tliis commission was but temporary, and 
served only to unhinge tlic Commonwealth, wliich, for many years, was usurped 
and managed by a faction. All the meml)ersof the present Council, Mr. !Mason and 
myself excepted, are either Cliureh members, or strong abettors of that jiarty ; and 
even ^Ir. Dudley, our President, was not long since a zealous i)rea(her amongt us, 
and though, while in London, he pretended to be of the Church of England, yet, 
since he is made President, courts and keeps private cabals with these liictious min- 
isters and others, who, in the time of Monmouth's Rebellion, refused to pray for his 
^Majesty. Ills ]\I;ijesty hath been graciously pleased to make me Secretary of his 
Council here, but the accounts of the late Treasurer and whatever relates to the 
discovery of his ^lajesty's revenue, is kept from my knowledge. The public 
records, and all the grants and settlcnu'ut of lands in this country, which ought to 
be lodged in my oirice, are otherwise dis[)osed of, not being willing to entrust them 
•^vitli me, who have been, and (as they say) am still the grand enemy of their coun- 
try. Mr. Wharton, a member of the Council, did openly declare, that his Majesty 
in appointing me his Secretctry and Register, intended to inthrall this people in vas- 
salage. 1 have proposed the raising a revenue, yet cannot be heard in Council. I 
have likewise pressed the making of strict orders to prevent the irrregidar traile of 
this place; but some of the Council are traders, and others by marriage or other- 
wise, so nearly related, that, without a General Governor, interlopers will be coun- 
tenanced, notwithstanding all my endeavors to the contrary. Here have been five 
or six ships seized and condemned, which inflames the people's malice against me. 
And the President, who by his ofTice and duty is obliged to assist me, has oj)cnly re- 
fused, to his Majesty's great disservice. I rpiestion not but by his Majesty's uniting 
the several CoUonies under one government, to raise his Majesty a considerable 
revenue by (piit rents towards the support of the government, which will yearly in- 
crease. Of this the President, Mr. ^Vllarton and several others, who have engross- 
ed great tracts of laud are sensible, and are therefore, unwilling to admit me to dis- 
cover their estates. It was by your Lordship's favor, that his I\Iajesty, in consitler- 
ation of my past services, was pleased to grant me the oflicc of Register and Secre- 
tary of this his government, a place in his Majesty's other Plantations of considera- 
ble advantage ; but they have taken so great prejudice against me, that ihey have 
disposed of the pcnpisites of that ofTice to persons of their own stamp, so that, for 
all my trouble and attending the Councill here, I am not like to make £20 a-year. 
My earnest expectation of a General Governor, supports me under all these difli- 
cultics and disappointments ; and though they treat me so rudely, yet I shall con- 
tinue to assert his Majesty's interest in the station I am placed in, and remain, Right 
Honorable, Your Lordship's most humble and most obedient servant,* 

, ED. RANDOLPH. 

To the Right Honorable the Lord Treasurer. 



Mns-i. Hi«t. Col. Vol. Vlt., p. \: 



208 IIECORD.S OF THE C'OLONV OF KlIODE ISLAND, [IGSO. 



Address of IJic Justices of Pcaer of Hie XarrarjaiiscU Couulr// to 
the Kliuj. 

To tlic King's Most Excellent I^Iajcsfy : 

The hunilile jjetition and address of your Majesty's Justices of the Peaec of tlic 
Iviiig's Pinvince, or Narracranselt Country, being now asseniMed at Itocliestcr, 
in his Majesty's Territory and Dominion of New Knidand, in America. 

Most liumlily .^howeth : Tliat the Plantation and settU'ment of vour ^Majesty's 
said Proviiii-e, having been long interrupted and discouraged by the pretensions and 
powiT of the government of Uhode Island, and more especially as your petitioners 
arc informed, by the ill designs and practices of Major John Greene, of Warwick ; 
a person of a restless and turbulent spirit, and others his accomplices, in the Collo- 
ny of Rhode Island, wlio by misrepresentations to his late Majesty's Commissioners, 
and false suggestions to his late Majesty in Councill, and by the exhibition of false 
deeds and informations on sundry occasions, have not only greatly disquieted your 
Majesty's subjects in said Province, and hindered what in them lies, the further set- 
tlement of the same, but also oppressed their neighbors of Pawtuxit, in the said 
Collony of Rhode Island, &c. 

And your petitioners being informed by good evidence, that upon the late estab- 
lishment of your Royall government here, and the publication thereof, by the Presi- 
dent and Councill, the said Major Greene, with James Greene, his brother, and 
others of the town of \Varwick, in great contempt of your Majesty's authoritv and 
government, tore down from a publick place in this your Province, and carried 
away the Proclamation of your ]\Iajesty's gracious pleasure and care for the gov- 
ernment of your subjects here, and hath since refused the mediation of vour Majes- 
ty's President and Governor of Rhode Island, and all other just and regular ways 
and means for settlement of boundaries of said town of Warwick, and (luietin"- the 
contentions and disputes which said Greene by false deeds and other ill means, hath 
stirred up and maintained against your Majesty's subjects here; and wc your Maj- 
esty's petitioners, being further informed that the saiil Major Greene with others, in- 
tently contriving to retard the regulation of your Majesty hath thought so greatly 
neodlul for tliat Collony of Rhode Island and Providence Plantations, and to dis- 
turb the jieace and progress of this Plantation, hath in a secret manner and upon 
many misrepresentations, drawn sundry of the inhabitants of Rhode Island to sub- 
scribe such papers, as he, to that end hath prepared ; and to contribute money to 
maintain and carry on his causeless complaints at your Royall Court, to which he is 
row gone, having no lawful power from the Governor and Company ot" Rhode Is- 
land so to do. 

Your petitioners most humbly pray, that as your IMajesty hath graciously mani- 
fested your cai-c for the peace and prosperity of this poor Plantation, in annexing 
the same to the government of the Massachusetts, so that your Majesty would still 
continue your just and tender regard thereto, and give chci-k to the ill designs of 
the said Major Greene or others, jjretendin^ power from Rhode Island and Provi- 
dence Plantations, and that you would graciously refer the same and matters here- 
in containcil, to the examination and determination of your Gencrall Governor and 



IGSG.] AND PROVIDENCE TLANTATIONS. 200 

Counclll here, or otbcr competent Judges, -wlicrc all your I»Iajcsty'a subjects con- 
cerned may have opportunity to be heard. 

And your i)L'tItIoners as in duty bound, shall ever pray. 

JOILN SAFFIN, lUCIIAUD SMITH, 

JOHN FONES, ELISHA HUTCHINSON, 

RICHARD WHARTON, FRANCIS BRINLEY. 

New England, IGSG. 

Tlie Proprietors of Lands in Paiotuxd io the King. 

To the King's Most Excellent Majesty. 

The humble petition and address of the Proprietors of the Lands of Pawtuxct in 
the Township of Providence in the Collony of Rhode Island and Providence 
Plantations, in New England. 

Humbly showeth : That William Harris, of Pawtuxct, upon his petition, in bc- 
halfe of himself ami your petitioners, liis partners, to his late Majesty (of happy 
memory) in the year 1677, humbly showed that your petitioners' [land] had been 
entered upon, and held out of the possession of great part of their said land by divers 
persons, and thereupon his Majesty was graciously pleased to grant a special assize 
tor the hearing of the said complaints, which accordingly sat at Providence, in the 
same year, and upon hearing gave judgment for the said Harris and partners, in five 
actions, and made report to his said Majesty thereof, tor his final determination thereon. 

That iviajor John Greene, of ^Varwick (one of the Defendants, and a great op- 
pressor of your petitioners, partly by entering on your petitioners' lands and abetting 
others in so doing, and partly by a forged or falsified deed for the same), posted to 
Whitehall, and in the absence of the said Harris, by false suggestions obtained a 
stay of execution on the second verdict; but upon the said Harris's arrival in Eng- 
land and true representation of the matter, his Majesty ordered execution in the 
first and three last judgments, and a rehearing of the second ; but so it is that the 
suid ]Major Greene and accomplices, by collusion with the ofiicer appointed by the 
government of Rhode Island to deliver possession, and other 111 designs and prac- 
ti. 'OS, hatli rendered his Majesty's gracious commands ineU'e'ctual ; and the said Har- 
ris in going the third time to his Majesty to carry your petitioners' complaints 
against the said Greene and accomplices, was captivated by the Aigercens and soon 
after died ; and so your petitioners remaining under great oppression and injury, 
are still held out of the possession of their said lands. 

That your petitioners being informed that the said Major Greene is gone to attend 
your Majesty, have just cause to fear, that according to his usual practices, he will 
misrepresent his own proceedings, and your petitioners* pretensions and right. 

Your petitioners most humbly pray your iNIajesty to give special order and com- 
mand, that the said Greene's complaints and suggestions to your ^lajesty or any of 
your Ministers of Justice, may together with your petitioners' cases be referred to 
to the examination of your Generall Governor and Counclll of your territory and 
dominion of New England, or other competent Judges, for a full and fmall hearing 
and determination, that so your petitioners may by your Majesty's grace and justice 
be delivered from their long oppressions and restored to their right. 

And your petitioners as in duty bound, shall ever pray.* 

NATHANIEL THOMAS, Attorney to the said Proprietors. 



* ^. Carter IJrown's Mamtscriiits, Nos. 2'21-'^'J, Vol. IV. 
iL, il!. Vj 



210 RECORDS OF THE COLONY OF RHODE ISLAND, [1G8G 



THE ADMINISTKATTON OF SIK EOMTINJ) ANDEOS. 



[TnF, preceding documcnfs sliow that n political cri.^is was approacliiii^ in J\Iin(lo 
Island, wliicli mii::?t soon reach its height. The Narraganselt Country had been 
incluik'd in the Commission to Col. Diidley, and was virtually annexed to IMassa- 
chusc'tts Colony. The so called " artieh.-s of high misdemeanor exliihittd " hv Ed- 
ward Randolph, against Rhode Island, "accusing the peoj)le of breaches of their 
Charter, and of opj)osition to the acts of navigation," received the attention of the 
Lords of the Committee for Trade and Foreign Plantation?, who recommended 
that a writ of Quo Wan-anto should be issucil against Rhode Island, its " Charter 
vacated, and the Colony united under his Majesty's laws and government." 
The charges were referred to Sawyer, the Attorney General in July; the 
order in Council was granted for the writ, on the Gtii of October, 1G85, and was 
brought to Rhode Island by Randolph on the 22d ot June, 1G86. The (Jovernor 
summoned the people to meet on the 29th June, when, as it will appear, they very 
wisely voted not to " stand suit with his jNInjesty, but to proceed, by humble a<l- 
dress to his Majesty to continue their privileges and libei-ties aceordin"- to the 
Charter." 

On the receipt of the writ of Quo Warj-anto, an address was sent from the (icn- 
orall Assembly to the King, " humbly prostrating themselves, and their privileges 
at the feet of his gracious Majesty, with an entire resolution to serve him with faith- 
ful hearts. Addresses were also sent him by some of the inhabitants, and another 
from the Friends. 

This address was no sooner received, than it was ordered by the Committee of the 
Colonies, and approved by the King, "That Sir Edmund Andros, the Governor of 
ISIassachusetts, shall demand the surrender of their Charter, and govern them as 
other colonies of New England ; that prince assuring them of his protection, and 
of his determination to extend no other rule of administration over them, than over 
the neighboring plantations."* 

Sir Edmund Andros was commissioned by James the Second, as Governor of 
I^Iassachusetts Bay, New Plymouth, New Hampshire, Maine and the Narra'^ansett 
Country, or King's Province, on the 3d of June, 1G8C, and arrived in P>oston on 
the 20tli of December following. On the 12th of January, lGSG-7, the commission I 

was published in Rhode Island, wlien Sir Ednuind, agreeably to his orders, dissolved 
the government, broke the seal of the Charter, reduced the Colony to a single county, 
andadmitted seven of its inhabitants into his legislative council. These were Walter 
Clark, John Greene, Richard Arnold, Richard Smith, John Sanford, Walter 
Newbury, and John Coggcshall ; all of whom do not appear to have served. His 
commission appears at length among the documents which follow.f The minute in- 



* Chalmers' rolitieal Annals, p. 27S. Callcndcr's Hist. Disc, t Ibid, p 



1G8G.] 



AND PROVIDENCE PLANTATIONS. 211 



structloiis to Sir Edimiiul which follow the commission in this volume, boar the date 
of April the IGth, 1688, and accompanied his second commission, which extended his 
government over the province of New York, Rhode Island, Connecticut and the 
other English colonies in America.* 

From this period, the colonial government was completely subverted by Sir Ed- 
nuind Andros. The General Assembly ceased to hold its sessions, nor did it again 
assemble during his administration. Rhode Island was then virtually but a single 
county in the wide dominion over which his authority extended ; and the only 
records of the transactions of the period, are found in the records of the Courts. It 
appears by the letters to the government from Andros, and Secretary Randolph, 
that the official proceedings of the Council were sent to England ; but it does not 
appear that they are to be found in the State Paper Office. 

To preserve as much as possible of the history of this interesting period in our 
colonial history, and to fill the vacuum that would otherwise exist, the records of the 
Court of Quarter Sessions and Court of Common Pleas tor the years 1G87 and 
1GS8 have been printed here. A few documents and papers of interest, which tend 
to elucidate the administration of Sir Edmund, are also inserted in the order of 
their dates. 

When the revolution in England put an end to the power of Andros, he and bis 
Council were seized by the people of Boston, and thrown into prison. The particu- 
lars of these transactions are given in the papers which follow, all of which go to 
complete the history of the " Usurpation," as it is called, of Sir Edmund Andros. 

In May, 1G89, the General Assembly again assembled at Newport, and agreed 
" that since Sir Edmund Andros was seized and confined with others of his Council 
[at Boston], and his authority silenced and deposed, it was their duty to lay hold of 
their former Charter privileges ; and avowedly professing all allegiance to the 
crown of England, they replaced all the general officers that had been removed three 
years before. 

In commenting on this assumption of their government once more, Mr. Chal- 
mers sa\s, " the}' jjrobably reflected, that an act, which was extorted by terror, 
might justly be recalled when restraint no longer remained. But, unless it could 
be proved, that the whole proceeding was cither irregular or illegal, their subse- 
quent administration, without the formal assent of the sovereign state, must be con- 
sidered, In notion of law, as mere usurpation."] — Political Annals, p. 279. 



* Two years later (April 7, 1GS8), the King sent a new commission to Andros, which is 
printed at lengtli in the documents relative to the Colonial History of the State of" New 
York, vol. 3, i>. 537, in which it is stated, that since the issuing of the forcnamed commis- 
sion of June, 1G80, it liad been thought " necessary for the service and for the better se- 
curity of the King's subjects in those parts, to join and annex to the said government the 
neighboring colonics of Illioilc Island, Connecticut, the province of New York, of East and 
West New Jersey," etc. This second commission is not inserted here, as the " lustruc- 
tions" which follow, arc deemed suliicieut. 



212 KErORDH OF THE COLONY OF IIIIODE ISLAND [1G8() 



Commission to Sir Edmwid Andros. 

Jamos the Second, by the grace of God, King of England, Scotland, France, and 
Ireland, Defender of the Faith, &c. To our trusty and well beloved Sir Ed- 
mund Andros, Knight, greeting : 

AV'hercas, the government of that part of our territory and dominion of New Eng- 
land, hereafter mentioned, is now in our hands, and being minded to give all protec- 
tion and encouragement to our good subjects therein, and to provide in the mostellec- 
tual manner, for their security and welfare ; we therefore, reposing especial trust and 
confidence in tlie prudence, courage and loyalty of you, the said Sir Edmund An- 
dros, out of our especial grace, certain knowledge, and mere motion, have thought 
fit to constitute and appoint, and by these presents do constitute and appoint you, 
the said Sir Edmund Andros, to be our Captain General, and Governor in Chief in 
and over all that our territory and dominion of New England, in America, com- 
monly called or known by the name of our Colony of the IMassachusctts Bay, our 
Colony of New Plymouth, and our Provinces of Kew Hampshire and Maine, the 
Narragansett Country, otherwise called the King's Province, with all the Islands 
rights and members to the said Colonies and territories in any wise appertaining. 
And lor your better guidance and direction, we do hereby require and command 
you to do and execute all things in due manner, that shall belong to the said office, 
and the trust we have reposed in you, according to the several powers, instructions, 
and authorities mentioned in these presents, or such further powers, instructions 
and authorities, as you shall herewith receive, or which shall at any time hereafter 
be granted or appointed you, under our Signet or Sign manual, or by order in our 
Privy Council, and according to such reasonable laws and statutes as are now in 
force, or such others as shall be hereafter made and established within that our terri- 
tory and dominion aforesaid. And our will and pleasure is, that you, the said Sir 
Edmund Andros, having (after your arrival in New England, and publication of 
these our Letters Patents) first taken the oath of allegiance, together with the oath 
of duly executing the oflicc of our Captain General and Governor in chief of our 
said territory and dominion (which our Council there, or any three of them, arc 
liereby required, authorized and empowered to give and administer unto you), you 
shall administer unto each of the members of our Council, as well the oath of alle. 
giance, as the oath of the due execution of their places and trust. And we do 
hereby give and grant unto you full power and authority, to suspend any member 
of our Council, from sitting, voting and assisting therein, as you shall find just cause 
ibr your so doing. And if it shall hereafter at any time happen, that by the death, 
departure out of our said territory, or suspension of any of our Councillors, or that 
otherwise there shall be a vacancy in our said Council (any five whereof we do 
hereby appoint to be a quorum), our will and pleasure is, that you signify the same 
unto us by the llrst opportunity, that we may, undi-r our Signet and Sign inaniial 
constitute and appoiid others in their room : but that our ail'alrs at that distance may 
not suffer for want of a due number of Councillors, if ever it shall happen that there 
arc less than seven of them residing upon the place, we do hereby give ami grant 
nnto you, full power and authority, to choose ai many persons out of the ]uincipal 
inhabitants thereof, as will make up the full number of our Council to 1h> >oven, and 
iKj ni'.ue; Avhich in:isoiis, liy \iiiue ot tuicli cliuii.c, ?h;'.l! be to all iiituiit.- and inu- 



IGSC] 



AND I'llOVIDKXCE I'LANTATIOX.^. 213 



poses, our Councillors -witliin our said territory, until tlicy ho confirmed l»y us, or 
that l)y the nomination of others by us, under our Sign manual and Signet, the said 
Council shall have seven jjcrsons in it. And we do hereliy uive and grant unto 
you full power and authority, by and with the advice and consent of our said Coun- 
cil, or the major part of them, to make, constitute, and ordain laws, statutes and or- 
dinances, lor the public peace, welfare and good government of our said territory 
and dominion, and of the people and inhabitants thereof, and such others as shall 
resort thereto, and for the benefit of us, our heirs and successors, which said laws, 
statutes and ordinances, are to be as near as conveniently may be, agreeable to the 
laws and statutes of this our kingdom of England. Provided, that all such laws, 
statutes and ordinances, of what nature or duration soever, be within three months, 
or sooner, after the making of the same, transmitted unto us under our seal of New 
England, for our allowance or di.<approbation of them ; as also duplicates thereof by 
the next conveyance. And we do by these presents give and grant unto you, full 
power and authority, by and with the advice and consent of our said Council, or 
the major part of them, to impose and assess, and raise and levy such rates and 
taxes, as you shall find necessary for the support of the govei-nment within our ter- 
ritory and dominion of New England, to be collected and levied, and to be employ- 
ed to the uses aforesaid, in such manner as to you and our said Council, or the ma- 
jor part of them, shall seem most equal and reasonable. And for the better sup- 
porting tlic charge of the government of our said territory and (loiuini(Mi, our will 
and pleasure is, and we do by these presents authorize and rc(iuire yon, the said 
Sir Ednuind Andros, and our said Council, to continue such taxes and impositions 
as are now laid and imposed upon the inhabitants thereof, and to levy and distrib- 
ute, or cause the same to be levied and distributed to tliii<;c I'luls, in the best and 
most eijual manner, until you shall, by and witli the ad\ice and consent of our 
Council, agree on, and settle such other taxes, as shall be sullieient for the supjiort 
of our government thereof, which are to be applied to that use and no other. And 
our furtlier will and pleasure is, that all public money raised or to be raised or ap- 
pointed lor the support of the government within our said territory ami dominion, 
be issued out by warrant or order from you, by and with the advice and consent of 
our Council, as atbresjiid. And our will and pleasure is, that you shall and may 
keep and use our Seal appointed or to be appointed by us for our said territory and 
dominion. And we do t'ui-ther give and grant unto you, the said Sir Edmund An- 
dros, full power and authority, from time to time, at any time hereafter, by your- 
sell', or by any other to be authorized by you, in that behalf, to ailminister and give 
the oath of allegiance now established within this our realm of England, to all and 
every such ]ierson as you shall think fit, or such as shall at any time or times pass 
into our said territory, or shall be I'csident or abiding there. And v.-e do by these 
presents ordain, constitute and appoint our Clovernor and Council of our said ter- 
ritory and dominion for the time being, to be a constant and settled Court of Record 
for the administration of justice to all our subjects inhabiting w't'iin our saiil territo- 
I'v ;ind dominion, in all causes as well civil as criminal, wiih full jujwcr and autlior- 
ily to hold pleas in all eases iVom lime to time, as well in pleas for l!:e Crown, and in 
all matters relating to the conservation of the peace, and puiiisliuient of ollendc'rs, 
as in civil causes or actions between ])arty and party, or between us and any of our 
.-ulijccls there, whether the same do concern the realty, and relate^ to any ligiil of 
fVcciioId and inheritance, or whether the same do coiKH'rn the jiersonr.lily, ;ind rehile 
to nratter of debt, contract, damage, or other j>e!-::Oual injury : and also in all mixeil 



214 



llECOUDS OF THE COLONY OF I'JIODE ISLAND, [1G8G. 



actions, -wliicli may concern both realty and personalty ; and thereinafter due and or- 
derly proceeding and deliberate hearing of both sides, to give judgment, and to award 
execution, as well in criminal as in civil cases, as aforesaid : so always, that the forms 
of proceedings in such cases, and the judgments tht'.reupon to be given, be as con- 
sonant and agreeable to the laws and statutes of this our realm of England, as the 
jiresent state and condition of our subjects, inhabiting within our said territory and 
dominion, and circumstances of the place will admit. And we do further, liereby 
give and grant nnto you, full power and authority, with the advice and consent of 
our said Council, to erect, constitute and establish, such and so many Courts of Ju- 
dicature and ])ub!ic justice within our said territory and dominion, as you and they 
shall tliintc fit and necessary for the determination of all causes, as well criminal as 
civil, according to law and equity, and for awarding execution thereupon, with all 
reasonable and necessary powers, authorities, fees and privileges, belonging unto 
them; as also to appoint and commisslonate fit ])ersons in the several parts of our 
said territory, to a<lminister the oath of allegiance ui.to such as shall be obliged to 
take the same. And we do hereby grant unto you full power and authority, to 
constitute and appoint Judges, and in cases recpilsite, Commissioners of Oyer and 
Terminer, Justices of the Peace, Sherifls, and all other necessary oflicers and min- 
isters within our said territory, for the better administration of justice, and putting 
the laws in execution ; and to administer such oath and oaths as are usually given 
for the due execution and performance of ofllces and places, and for the clearing of 
truth in judicial causes. And our furdier will and pleasure is, and we do hereby 
declare, that all actings and proceedings at law or ccpiity, heretofore had or done, 
or now depending within any of the Courts of our said territory, and all executions 
thereupon, be hereby conlinned and continued, so far forth as not to be avoided 
for want or defect of any legal power in the said Courts ; but that all and every 
puch judicial actings, proceedings and executions, shall be of the same force, cireet, 
and virtue, as if such Courts had acted by a just an:l legal authority. And we do 
further by these presents will and require you, to permit appeals to be made, in 
cases of error, from our Courts in our said territory and dominion of ^ew England, 
unto our Governor and Council in civil causes ; provided the value appealed for, 
do exceed the sum of one hundred pounds sterling, and that security be first duly 
given by the appellant, to answer such charges as shall be awarded in case the first 
sentence shall be affirmed. And whereas we judge it necessary, that all our sub- 
jects may have liberty to appeal to our Royal person. In cases that may re(iuirc the 
same, our will and pleasure Is, that If either parly shall not rest satisfied with the 
judgment or sentence of our Governor and Council, they may then ajjpeal unto us 
In our Privy Council, provided the matter in difference exceed the real value and 
sum of three hundred pounds sterling ; and that such appeal be made within 
one fortnight after sentence; and that security be likewise given by the ap- 
pelant, to answer such charges as shall be awarded in case the sentence of the Gov- 
ernor and Council shall be confirmed, and provided also, that execution be not 
suspended by reason of any such appeal unto us. And we do hereby give and 
grant unto you, full power and authority, where you shall see cause, and shall judge 
any ollender or offenders In capital and criminal matters, or lor any fines or for- 
feitures due unto us, fit objects of our mercy, to pardon all such ollenders, and to 
remit such fines and forfeitures (treasons and wilt'ul nuirdcr (udy <'\cei)ted). In 
which cn:H'S, you ^linll ]i!;'",vl-v hnv jkuvi'I'* upon ('\tr;innlin;n\- nrc;i-i>!:;s, In grant 
reprieves to the ollenders therein, unlit, and to liie inteiif uui- plea>urij may be I'm-- 



1G80.] 



AND T'ROVIDEXCE TLAXTATIONS. 215 



tlior kiiou-n. And \vc do Iicroby give and grant unto you, tlic said Sir Edmund 
Andrn?, l)v voursell', your Captains and Commanders by you to lie authorised, lull 
]tower and authority to levy, arm, muster, command, or enploy all persons Avhatso- 
ever, residing within our said territory and dominion of New England, and as oc- 
casion shall =erve them, to transfer from one place to another, for flic resisting and 
-withstanding all enemies, pirates and rebels, both at land and sea, and to transfer 
such forces to any of our plantations in America, as occasion shall require, lor the 
defence of the same, against the invasion or attempts of any of our enemies, and 
them, if occasion shall require, to pursue and prosecute, in or out of the limits of 
our said territory and plantations, or any of them ; and, if it shall so plcasi'. (jod, 
them to vanquish, and being taken, cither according to the law of arms, to put to 
(loatli, or to keep and reserve alivo at your discretion : as also to execute martial 
law in time of invasion, insurrection, or war, and during the continuance of the 
same, and upon souldiers in pay ; and to do and execute all and every other thing 
which to a Captain General doth, or ought of right to belong, as fully an<l amply 
as anv nur Captain General doth, or hath usually done. And we do hereby give 
and grant unto you, full power and authority, to erect, raise and build, within our 
said tcrritorv and dominion aforesaid, such and so many forms, platforms, castles, 
cities, burroughs, towns and tbrtilications, as you shall judge necessary ; and the, 
same, or any of them, to fortify and furnish with ordinance, annnunitii)n, and ail 
sorts of arms fit and necessary for the security and defence of our s;iitl territory ; 
and the same again, or any of them, to demolish or dismantle, as mny lie most con- 
venient. And we do hereby give and grant unto you, tlic said Si;- lldniuiid An- 
dros, full power and authority, to erect one or more Court or Courts Admiral, 
within our said territory and dominion, for tlic hearing and determining of all ma- 
rine and other causes and matters proper therein to be heard and determined, 
with all reasonable and necessary powers, authorities, fees and ]u'ivileges. And 
von are to execute all powers belonging to the place and oflice of Vice Admiral of 
aiul In all the seas and coasts about your government, acfording to such conunis- 
sion, authority and instructions, as you shall receive from ourself under the seal of 
our admiralty, or from our High Admiral of our plantations, for the time being. 
And forasmuch as divers nuitinics and disorders do happen by p(?rsons shipped and 
employed at sea, and to the end that such as shall be shipped or employed at sea, 
mny be the better governed and ordered ; we do hereby give and grant unto you, 
the said Sir Ednuuul Audros, our Captain General and Governor in Chief, full 
power and authority to constitute and appoint captains, masters of ships and other 
commanders, and to grant unto such captains, masters of ships and other command- 
ers, couuuissions to execute the law martial, and to use such proceedings, authori- 
ties, punishments, correction and execution, upon any oflender or offenders, that 
shall be nmlinous, seditious, disonlerly, or any way unruly, either at sea, or during 
t!ie time of their abode or residence in any of the ports, harbors or bays of our 
said territory and domitiion, as the cjiuse shall be found to require, according to mar- 
tial law. Provided, that nothing herein contained, shall be consti'ued to the ena- 
bling you, or any by your authority, to hold i>!ea or have jurisdiction of any olTence, 
cause, matter or thing, committed or done upon the seas, or wiihiu i\ny of the havens, 
rivers or creeks, of our said teriitory and dominion under your government, by 
any captain, connnander, lieutenant, master, or other ofiicer, seaman, sraddier, or 
]KU>un whatsoever, who shall be in actual service and pay, in and on board ;;ny of 
ships of war, or other vessels acting !»y immediate conmiis.~ion or warrant from our- 



216 ni-CORDS OF TIIH COLONY OF KIIODE TSLAXD, [IGSG. 

s^ulf, undt^r seal of our Admiralty, or from our High Admiral of tlio time being; but 
that such captain, commander, lieutenant, master, ollicer, seaman, souldicr, and otlicr 
person so oilendlng, shall be left to be proceeded against and tried, as the merit of 
their ollcnces shall require, either by commission under our great seal of England, 
as the statute of the twenty-eighth of Henry the Eighth directs, or by Commission- 
ers from our High Court of Admiralty, according to the act of i'arliament, passed 
in the thirteenth year of the reign of the late King, our most dear and most entirely 
beloved brother of ever blessed meuiory, etititled an act lor the establishing articles 
and orders for the regulating and better government of his Majesty's navies, shijis 
of war, and tbrees by sea, and not otherwise : saving only, that it shall and may be 
lawful tor you, upon any such captain or commanders refusing or neglecting to ex- 
ecute, or upon hi-; negligence or undue execution of any of the written orders he 
shall receive from you, lor our service, and the service of our said territory 
and dominion, to susjiend him the said caijtaln or conur.ander, from the 
exercise of his said olliee of conuuander, anil commit him into safe cus- 
tody, either on board his own ship, or elsewhere, at the discretion of you, 
in order to his being brouglit to answer for the same, by Commission either 
under our great seal of England, or from our said High Admiral, as is before cx- 
jiressed : in which case our will and pleasure is, that the captain or commander so 
by you suspended, shall during such his suspension and commitment, be succeeded 
in his said ofTice by such Commission, or Warrant Ofliccr of our said ship, appoint- 
ed by ourself or our High Admiral of England, for the time being, as by the known 
practice and discipline of our navy doth and ought next to succeed him, as in case 
of death, sickness, or other ordinary disability happening to the commander of any 
of our ships, and not otherwise ; you standing also accountable to us, for the truth 
and imi)ortanee of the crimes and misdemeanors, for which you shall so proceed to 
the suspending of such, our said captain and connnander. Provided, that all disor- 
ders and misdemeanors conunitted on shore by any captain, lieutenant, master or 
other odicer, seaman, souldier, or person whatsoever, belonging to any of our ships 
of war, or other vessels acting by immediate conmiission or warrant from ourself un- 
der the seal of our Admiralty, or from our High Admiral of England, for the time 
being, may be tried and punished according to the laws of the place, where any 
such disorders, oli'enecs and misdemeanors shall be so coaunitted on shore, notwith- 
standing such offender be in our actual service, and born in our pay on board any 
such our ships of war, or other vessels acting by immediate commission or warrant 
from ourself or our High Admiral as aforesaid : so as he shall net receive any pro- 
tei-tion for the avoiding of justice, for such oilences committed on shore, from any 
pretence of his being employed in our service at sea. And we do likewise give 
and grant unto }'ou, full power and authorit}', by and Avith the cadvice and consent 
of our said Council, to agree with the planters and inhabitants of our said territory 
and dominion, concerning such lands, tenements and hereditaments, as now are, or 
hereafter shall be in <mv ]iinvcr to dispose of; and them to grant unto any person 
or i^crson for sucli tonus, and under such moderate (piit-reuts, services and acknow- 
ledgments, tliereupon to be resci'ved unto us, as sliall be ajjiiointed by us ; which 
said gi-ants are to [)ass and be scaled l)y our seal oi'New I'bigiand, and (1 icing enter- 
ed upon record, by sucli ollicer and oilicerrs as you shall appoint thei-eunto), shall 
be good and elii'ctcial in law against )is, ourl;eirs and successors. And we give yon 
full power and authority, to ap[R)int so many fairs, i:i;;r(s and maJ-kets, as you. with 



lOSG.] 



AXD PROVIDENCE PLANTATIONS. 217 



the advice of our said Council, sliall tliiukfit: as likewise to order and appoint 
within our said territory, such and so nuiny ports, harbors, bays, havens and other 
places, for the convenience and security of shipping, and for the better loading and 
unloading of goods and merchandizes, as by you with the advice and consent of our 
Council, shall be thought fit and necessary; and in them or any of them, to erect, 
nominate and appoint, custom houses, ware houses, and ollicers relating thereunto; 
and them to alter, change, place or displace from time to time, as with the advice 
aforesaid, shall bo thought fit. And above all things, we do by these presents will, 
require and command you, to take all possible care for the discountenance of vice 
and encouragement of virtue and good living, that by such example, the infidels 
may be invited, and desire to partake of the Christian religion. And for the great- 
er case and satisfaction of our loving subjects in matters of religion, we do hereby 
will and rc([uire, and command, that liberty of conscience be allowed to all persons, 
and that such especially as shall be conformable to the rites of the Church of Eng- 
land, be particularly countenanced and encouraged. And ibrasmuch as, pursuant 
to the laws and customs of our Colony of the Massachusetts Bay, and of our other 
Colonies and rrovinces aforementioned, divers marriages have been made and per- 
formed by the magistrates of our said territory, our Royal will and pleasure is, 
hereby to confirm all the said marriages, and to direct, that they be held good and 
valid in the same manner to all intents and jnirposes whatsoever, as if thcv had been 
made and contracted according to the laws established within our kingdom of En<'- 
land. And we do hereby require and command all oflicers and ministers, civil and 
military, and all other inhabitants of our said territory and dominion, to be obedient 
aiding and assisting to you, the said Sir Edmund Andros, in the execution of this 
our Conunisslon, and of the powers and authorities herein mentioned ; and upon 
your death, or absence out of our said territory, unto the Commander in chief: to 
whom we do therefore by these presents, give and grant all and singular, the pow- 
ers and authorities aforesaid, to be exercised and enjoyed by him during our plea- 
sure, or until your arrival within our said territory and dominion ; and, if in case 
of such death or absence, there be no person upon the place appointed by us, to be 
Conunander in chief; our will and pleasure is, that the then present Council of our 
territory aforesaid, do take upon them the administration of the govermnent, and 
execute this Conunisslon, and the several powers and authorities herein contained; 
and that the first Councillor, who shall be at the time of your death or absence, resid- 
ing within the same, do preside in our said Council, with such ])Owers and [prehcml- 
iiences]as any former President hath used and enjoyed within our said territory, or 
any other our plantations in America, until our pleasure be further known, or your 
arrival as aforesaid. And lastly, our will and pleasure is, that our Coauulssion 
bearing date the seven-and-twcntieth day of September, in the first year of our 
reign, constituting our trusty and well beloved Joseph iDudley, Simon Bradstreet, 
and William Stoughton, Es(i'rs, and others, to be our President and Council of our 
territory and dominion of New England, do, from the j)ublicatIon of these presents, 
cease and become void. And that you, the said Sir Edmund Andros, shall and may 
hold, execute and enjoy, the odice and place of our Captain General and Governor 
in Chief In and over our territory and dominion aforesaid, with all its rights, mem- 
jci's and appurtenances whatsoever ; together with all and singular the powers and 
.utl'.oiitles hereby granted unto you, for and during our will anil pleasure. 
In witness whereof, we have caused these our letters to be made patents. Wlt- 
Vt.'L. lil. 10 



218 r.KCoilDS OF TIIK COLONY OF RHODE ISLAND, [IGSG. 

ne?s oursc'lf at ^\\■stlninstl;l•, the od (lay of .Iiiiu', in tlic second year of onv 
reign.* Tor Lrc dc I'rivato Si-iUo. liAUKEll. 

Indriidions to Andros conccrn'uvj the Charter of Ilhodc Islund. 
JAMES 11. 

Additional powers and instructions 'for our trusty and well })clovcd Sir Edmund 
Andros, Knight, our Captain General and Governor in Chief in and over our 
territory and dominion in New JCitLiland, in America, given at our Court at 
^Vind^or, this 13lh <lay of Sci)tember, in the second year of our reign, 1G8G. 
Whereas, we have Leen presented with the luind)le address of our Governor and 
Company of our Cnllony of Rhode Island and Providence Plantation, vnihin our 
territory and dominion of New England, bearing date the .'>il day ui'.fune of List, 
wluM-ein they take notice of our WTit of (^uo Warranto against their Charter, and 
thereupon declaring their re.-^olution not to stand suit v.Ith us, Ii;nc s;ilimi;tcd them- 
selves and their Ciiarter to our Royal determination. Our v.ili and pleasure is, and 
we do hereby authorize and empower you, upon your arrival in those parts, to de- 
mand, in our name, the surrender of their said Charter into your hands, in ])ursu- . 
ancc of their said declaration and address, an(], taking our said Collony of Rhode 
Island and Providence Plantation inider your government, to exercise the like 
])0wers ami authorities in reference to the same, as we have given and granted un- 
to you by our conuuission under the great seal of England, Wa- tlic government of 
other Collonies, within our said territory and dominion of ^xcw JCu'iland, assuring 
our good subjects of our Collony and I'lantation aforesaid, of our Roval counten- 
ance and protection in all thing-:, wherein our servie- an I ilieir wc!fii-e shall be 
concerned, and giving us by the first op;)Ortunity, an aceount of their bcliaviour 
and of your proceedings in obedience to these our connuaiuls. And. in case it shall 
] appen, that upon the like writ of (^uo Waia-anto, issued against the Charter of our 
Government and Company of our Cullony of Connecticut, they shall be indured to 
make surrender of their Charter, our will and pleasure is, and we do herebv au- 
thorize and empower you in our name, to receive such surrender, and to take our 
said Collony of Connecticut under your government, in the same manner as before 
e.\i)ressed. By his Majesty's command-t SUNDEPLANJJ P. 

September 13, 1GS6. 

Order for the first medhnj (f Androh's C'lincil. 

Sir: His Excellency, Sir Ednnuiu Andros, Knight, Captain (lencral and (Jov- 
ernor in Chief, arrived here yesterday, at whirh lime his M.'.Jv.-ty's conuuission, 
bearing date the 3d of June last, was pnblisheil, his Exeenem-y has apiioiiitcd a 
General Council, to be holdcn liere on Thursd.iy tlie 30th ot' lliis instant, De^-em- 
ber, and directed me to anpiaint all the luembers thereof, that they may l,e pi'csent 
accordingly. His Excellency presents his hnmbie service to yun, and wuuld be 
glad to sec you a. Boston | 

I am. Sir, your humble servant, EDWARD RANDOLPH. 

* James the Second l)c;,';m to rei.i,'n Feliniary C, li'.SI-.'i, so t!iat ilio date of this Cum. 
mission is June 3.1, ir,Sii.—J/(,.ss.;;/.sY. tW/., 3J .';,W..s-, IV./. Vll.,i>. i:;.i. 
t Mass. Hist. Cob VoL VIL, p. lO:. \ Do. p. l^;'.. 



IGSG.] AND PROVIDENCE TLANTATIONS. 219 

LliIci' of Andros to Fihode Island, conccmhuj Bhode Island 
CI tarter. 

Boston, December 22, ICSG. 

Sir: Tills is to acquaint you, tliat I arrived yesterday, at which time his Majes- 
ty's Commission, bearing date at Windsor, the 3d day of June last, in the second 
year of his rci'jn, ai)pointed me Captain General and Governor in Chief of his ter- 
ritory and dominion of New England, and his Majesty having, upon the address 
anil submission of the Charter, accepted thereof, hath commanded and authorized 
mc upon my arrival in these parts, to demand in his IMajesty's name, the actual 
surrender of the said Charter, and to take the Colony of Rhode Island and Provi- 
(Iciice riautation into my care, as part of the government, and to assure his good 
subjects in your jiarts of his Majesty's countenance and protection in all things, in 
Avliich his JNIajcsty's service and your weltare shall be concerned, and hath consti- 
tuted and appointed you, Walter Clark, Jo. Sanford, John Coggeshall, Walter 
Newbury, John Greene, llichard Arnold, and John Alborongh, Esq'rs, to be mem- 
bers of tlie Council for the said government. And I, having appointed a general 
Couniil to l>e held in this jilacc on Thursday, the Duth of this instant December, you 
are to eomnninicate this to the aljove named members of the Council, and, together 
with them, to give your attendance for his Majesty and country's service as above. 

I am your very alleclionate friend, and desiring to hear from you in the mean 
time. 

Letter to Walter ClarJc, Governor of lUiode Island. 

Boston, 22(1 December, 1686. 

Sir : This Is to acquaint you that his Majesty having been pleased to send mc to 
the government of New England, of which you are a part, I arrived here the 20th 
instant, where I found all very well disposed to his Majesty's service : and his Maj- 
esty's letter patent to me for the said government, being then published, were re- 
ceived with suitable demonstrations. 

I am commanded and authorized by his Majesty, at my arrival in these parts, to 
receive in his name the surrender of the Charter, if tendered by you, and to take 
you into my present care and charge, as other parts of the government, assuring 
his Majesty's good subjects of his countenance and protection in all things relating 
to his service and their welfare. 

I have only to add, that I shall be ready and glad to do my duty accordingly, and 
therefore desire to hear from you as soon as may be, and remain 

Your very allectionate friend, 

E. ANDROS. 

l*elitioii if Ilk-hard ISinllli to Andros. 

December 22, IGsiJ. 

Til.- humble petition of Richard Smith, of Rochester, within the Narragansett coun- 
try, humbly shuweth: 
'I'ii.it tlirrc JKivin-- br(Mi long haiiging in rontt:st and suit between some of the 

iuhabitaiil.- u\: Itliude l.-laud and _\our [letilioncr, a claim and pretence ul' title made 



220 RECORDS OF THE COLONY OF RHODE ISLAND, [1G8G. 

by them, unto a small Island lying near the town of* Bristol, commonly called Ilog 
Island, alias Chcsawanoeh, which your petitioner many years since purchased of the 
Indian natives, and had confirmation thereof irom the General Court of New IMy- 
mouth. But of later time hath been forcibly kept out, and interrupted in his 
peaceable possession and improvement thereof, by the llliode Islanders, from which 
tiresome contest and unjust molestation, your petitioner hop'jtli, by jour Excellen- 
cy's happy access to the government, speedily to be relieved, and to have a just and 
linal issue put thereto. 

MecUnrj of iJie First Council of Andres. 

At a Council held in Boston, New England, on Thursday, December 00th, ICSG. 
Present, 

Ilis Excellency, Sir Edmund Andros, Knight, Covernor. 
Joseph Dudley, Richard Wharton, 

Thomas Hinckley, Edward Tyng, 

Wait Winthrop, Jonathan Tyng, 

Jno. Usher, "William Bradford, 

Jiarnaby Lathrop, Daniel Smith, 

John Walley, Nathaniel Clark, 

*John Coggeshall, *Walter Newbury, 

*Richard Arnold, *John Alborough, 

*WaUer Clark, Edward Randolph, Secretary. 

AVilliam Stoughton, 
Upon opening of the Council, his Excellency conunanded the members to be 
called over by their names, and take their places, as set down in certain articles of 
instruction from his Majesty, to his Excellency the Governor. 

The members of the Council, being accordingly seated, his Maje--ty's commission 
for government of this his territory and dominion of New England, was read, and 
also, the instructions under his Majesty's sign Manual, empowering his Excellency 
to receive the Charter of Rhode Island and Providence Plantation, was likewise 
read. 

His Excellency proceeded to administer the oath of allegiance, and the oath, al- 
so, for the due administration of justice, and commanded such persons of the Coun- 
cil, as had not already taken the oaths, to stand up and answer to their names, viz. : 
Thomas Hincklev, Walter Clark,* Barnaby Lathrop, William Bradford, Daniel 
Smith, Jno. Walley, Nathaniel Clark, John Coggeshall, Walter Newbury, Richard 
Arnold, and John Alborough, who (all of themj, Walter Clark and ^Valter New- 
bury excepted, did take the oaths, and showed as.sent thereto, by holding up their 
right hands. 

Walter Clarke ami Walter Newbury, gave also their express consent to the oath 
of allegiance, and the oath lor the administration of justic in the government, ac- 
cording as directed in his J^Iajesty's late connnission to th.e Pre-idi-.t and Council, 



Members Cmm Itho.l.' l-l;iu.l. W::1'm «'I nl •■ il,:;,. 
iitrs, iipiKMi-s in aiiuili.ji- t.-C'1'y, I'l'i't'-'l HI 111.: \"lli< 
dies. 1^. lij. 



1GS7.] 



AND PROVIDENCE PLANTATIONS. 221 



prorcssin;^ tlicmsolves obliged in all good conscience bclbre God so to do, and tliat, 
undur the nUnost pcnalticsof perjury in all respects, the members of tlie Council be- 
ing severally asked their opinion, did allow of their protestation. His Excellency 
in a short discourse, encouraged the members to freedom in debates. Waller Clark 
and Walter Newbury, acknowledge the surrender of the Charter made to his i\hij- 
esty, at "Windsor, but fearing that surrender was not ellectual for avoiding all mis- 
takes, they had presented another humble address to his Majesty, under the public 
seal of their Colony, and had sent over agents to pray his Majesty's favor towards 
them, and W. Clark further added, the Charter of Uhode Island was in his custody 
at Newport. 

It was moved, that a Proclamation should be made through all the Colonies and 
Provinces of this government, that all oOicers both civil and military, should be con- 
tinued in their places of trust, and that the laws not repugnant to the laws of Eng- 
land in the several Colonies, should be, and observed during his E.xcellency's 
jjleasure. 

Ordered, That the Proclamation be drawn up and presented to his E.\cellency 
in Council, to-mori-ow, by nine of the clock, in the morning. 

On Friday, John Fit/, Winthrop and John Jenks took their scats, as members of 
the preceding Council.* 

Fcliiioii of John Greene to the Klncj. 

To the King's Most E.Kcellcnt Majesty, James the Second. The humble petition 
of your Majesty's most humble subject and supplicant, John Greene, in behalf of 
the respective towns and places in your Majesty's Collony of Pvhodc Island and 
Providence Plantations, in New England, humbly showeth : 
That before your petitioner came from New England hither, with the said Collo- 
ny's address, one Mr. Richard Wharton, with his associates, Capt'n Elisha Hutch- 
inson, Mr. John Sallin, Capt'n Richard Smith, and Capt'n John Brown, had given 
interruption to severall towns within the limits of your Majesty's Collony and King's 
Province. 

That since your petitioner's arrival here, I have received a letter from your Maj- 
esty's town of Warwick, in the Collony aforesaid, bearing date October the yth, 
168G, wherein they declare that the said Capt'n Brown still persists to interrupt 
them in their lands as well as the lands belonging to the town of Providence, but 
your petitioner doth the less admire at their boldness by interchanging on us your 
^Majesty's subjects being they are so bold to endeavor to deprive your jNlajesty of 
your interest in the Narragansctt ami Niantick countries, called the King's Prov- 
ince. Your humble petitioner must neeils acknowledge your Majesty's grace and 
favor to us in sending over his Ilonoi-, Sir Ednnind Andros, Ciovcrnor over us, 
being a jierson of good repute, and unintcrresled in the respocti\'e claimcs, and by 
whom, next undi'r your M;ijesty, wi; have great htipes lo hiivc jii,>liee done us, as 
in hi 
llefe 



ayetli. Y. 


11 r I 


letitioiier huml 


ily pray el h you 


• M.-'j. 


sly li 


ir some speedy re 


ein, either 


•'.V 


eiHumitling the 


care thereof 


y }ot 


V lb) 


\ al letters to you 


1 (iiivernoi 


, Si 


Edmund And 


■OS, or what otl 


er wa 


• \C)I 


r M;\jestv in \ on 



lli:l. Cvll. Vol. \ il Y\,. !..:, 1..I, 11...., ;inJ Vol. VII! y. 1^0. 



222 IIECOIIDS OF THE COLONY OF RHODE ISLAND, [1G87. 

jri-er\t wirJ'lo'.ii sli'ill sl-l: most moct, wlioreby ynur Mnjcsty's siibjocts onjoyiii" tlioir 
ou-n in pc;u!C, may be, the bettor enabled to serve your i\lajesty. And your pcti- 
ti(jner sliall always i)ray lor your ALajesty's good success and lonir and ])rnsi)erouH 
reiirn.* Your most humble petitioner, JOHN (JliEENE. 

January the — , liJSG-7. 

Pel illuu from Brklolio he excused from Tax Tadc. 

Viwx it \Av>si^. your Excellency : Whereas, a warrant from the Treasurer lias 
come to us, and another to the Constable, lor a single country rate of one pennv in 
the ])0und, to his M;;jesty for support of government, to be assessed and levied on 
our inhabitants, n- pt-r said warrant more fully expressed : — 

We humbly oiler to your consideration, this small isthmus or neck of land, on 
v.hich our town is now settling, was purchased not long since bv some of us, at a 
very dear rate, being a little spot, wanting many advantages of other ])lantations, 
our neighbors, of which our first purchasers and the Committee, appointed for thu 
sale thereof, were very sensible. (Jur purchasers having therefore jiaid a consid- 
erable sum of money, and under strict obligation to settle a town in a short time, 
and so necessarily to conflict with many and great charges, and unavoidable difli- 
culties, the ordinary and sure concomitants of young plantations, on these consid- 
erations, and to encourage us in our beginning, the aforesaid Committee by the 
order, and having the approbation of the General Court of New Plymouth, sold 
and warranted unto us, as far as they could, some privileges, of whicli this was one, 
and not the last, viz. : that we slioulil be exempted from all public country rates, 
charges, levies or assessments for seven years, it being an exemption or jM-ivilcgo 
usual to be given, though by us bought, at the first settling of towns, which term is 
not yet expired, something more than a year yet to come. Sir, we humi'lv hope 
for, and beg your ratification of these our purchased privileges. I5e pleased to look 
upon us, as we are, a jwor, inlantine place, struggling with many dilliculties and tlis- 
couragcments, not only wanting your fiivor in this particular affair, but further beg- 
ging your Excellency's benign goodness and gracious encouragement to be extend- 
ed to us, as your wisdom shall direct for our increase, and that our plantation, 
though small at present, may grow up and thrive under the happy cherishing and 
enlivening influence of your good government. Sir, we dare not further trouble 
you at present, but humbly beg pardon for these rude lines, which we jusllv fear 
[will] divert you from much more weighty alfairs.f 

Your Excellency's unworthy servants, 

BENJAMIN CIIUKCII, 
JOHN IIODCJEIIS, 
TIIO.MAS AVAF.KEIJ, 
Selectmen Ibr the town uf Ib-i.-bil. 
IJi-istol, New England, Februarv 18, KuSti-T. 



■ 1. \ II . n. I'.l, 



1087.] AND PROVIDENCE PLANTATIONS. 



^%' Edmund Aiidros to Loj-d Sunderland. 

Boston, in New En.izland, the 30th Marcli, 1C87. 

^1,1 V it please your Lordsliips: Upon my arrival and reception here, liavi'.ijjjignidcd 
liis Mijosty's command? to New riymoiith and Rhode Island Colonys,and the Coini- 
lil sii'.unioned to meet the 30th of December, they readily complyed and attended 
here accord in^jly, were all sworn and entered on business, and so proceeded as far 
as the severe v/inter weather and short warning for it would admit their aiding, and 
the General Council met again as adjourned the latter end of rdiriKiry ; an ac- 
count whereof, proceedings and acts passetl, is prepared b}' Mr. liant!ol])Ii, to be 
presented to your Lordships. 

I have settled t!ie militia and Commission of the Peace, in all parts of the gov- 
ernment, and taken care that the Acts of Trade and riantatinns be (hily observed ; 
some jnincipal jioits, being only allowed, in which ofiicers, whc^-e all ships and ves- 
sels must enter and clear, and in no other port or jilace. 

Cnnr.ei'ticut lias not yet submitted, notwithstanding another writ served upon 
tlicni. and signification of his Majesty's pleasure and connnand to me Im- them, 
a!id llicir ])reteiided loyalty and readiness to obey, acted thi- coiiir.-.i-y, but jiave con- 
vened another Assembly and General Court, to meet again this day about it at 
Hartford. 

The Act of Revenue, will not lie suflicient to defray the ordinary charge of the 
government v.-itliout Connecticut, but v.-as all found to have beini imposed a't was 

'J'liis country lias sustained lately very great hjsses, by the Iii'h;>n war, two great 
ievt'i-s in this town of Boston, some disasters at sea, and all their wiicat blasti'd many 
years together, and are generally but poor; their fisliery and lumlier, their elnefest 
tr.i.de and support, and tliat wholly supplied by Connecticut, fi-din wlience all their 
v.lieat and much other grain and provisions, and without it cannot maintain their 
fishery and triule. 

I have found here, ar.d in several other phu'cs about eighty iron guns of all sorts 
most of the carriages b;\d, and few other materials, no magax.ines of pdwder or other 
stores ot' war, no ?tore-houses or accommodalion of lodging for ridieer or soldier, nor 
any good Ibrti.'ioation, for such [are] very much v.-anted Ibr his .M,:jesiy's service in 
tlii'-^ place. 

'j'iie <a>tle, on Caslh> Island, that commands the channel, hath four b-is;io;;s, but 

very small and inconsi'Ierable, the interior, but towards tiie walls 

about ten loot higii, and out of repair, and only guard rooms imder tlie b;Uterys of 
tlie curtains and i\ room over the gate. 

Tlie Indians in these parts, are very inue'i diniiiiislu'il, and now none consid.era- 
Lle. but a few Eastwird, near Pema.pi'id, and tow:>nIs the French. 

The French settlements (our neighbors) in Nova .Vootia are not n.iany an<l fir 
distant. Monsieur Perrott, the now French Governor, lives at Port Royal, on the 
other side ol' the Ba}' of Fundy. 

Ujjon notice from Col. Dungan, I have sent an ofiiccr with a detaclmvnt of scjl- 
dicrs to receive Pemaipiid, and keej) a garrison in ih.e Ijjit there. 

Here having been no place ibr the service ol'lhe Churcli of ]-]iigIand., biil in tlie 
'J'own-honsc, no ways convenient for it afore Ivxster (as advised and ordered in 



224. r.ECORDS of the colony of rtiode island, [1G8T. 

Ci)imcill), soii'l to ilcsirc the u-;o oC the South Meetlng-Iiousc, in Boston, on Sun. 
days, at 11 o'clock, in tliu nioniiiig, anil four in the al'tcrnoon ; and on Piaster day 
had the Liturgy of the Church of England, a sermon and a sacrament administered 
then', and to continue so lill otlierways provided, as also for prayers on the week 
days as occasion. 

1 do h(;re, as commanded, send your Lordships the names of twelve men, the best 
([ualilied for sup])'.} Iiig vacancys, or be of the Council of which not many, nor know, 
ing in the laws or methods of England. All which is humbly submitted by 
Your J^ordships' most obedient and humble servant, 

E. A.NDUOS. 

>S'/> Eilmnml Andros to Lord /'iinidcrlaiul 



lioston, in New England, ;!Oth of March, 1CS7. 

lliglit Honorable: Since my account to your Lordshi[) of my arrival and recep- 
tion in this place, the Colonys of New Plymouth and llhode Island have dutifully 
complyed, upon the signiiication of his Majesty's pleasure, and the several members 
of the Council from thence attended here accordingly. 

I have settled the militia and commissions of the peace, and proceeded ia other 
matters of publick import as far as the extremity of the winter would admit. 

Connecticut Colony, notwithstanding another writ of (iuo Warranto served, and 
my intimation of his Majesty's command for them, do not resolve to submit, though 
in their several letters they express themselves ready to obey if commanded, and 
without them, we are neither able to defray our i)ublick charges, nor our fishery be 
maintained without i)rovisions, and particularly wheat from thence. 

1 find many old iron guns in several places, bad carriages and appurtenances, no 
magazines or stores of war or store-houses or any tolerably good fortification ; the 
Castle is well seated, but small, inconsiderable, never finished, and out of repair. 

I have upon notice from Col Dungan, sent an oflicer and garrison, to relieve and 
receive the Fort of Pemaquid. 

The French in Nova Scotia have i'isw settlements; but iNIonsieur Perrott, the now 
Governor at Port Royal is very active ; our fishing ketches fear being disturbed in 
fishery off that coast, where they find plenty offish, when very this v/ay. 

I have directetl Mr. Kandolph to prepare the proceedings and acts passed in 
Council, which by this opportunity will be i)resented to your Jvordship and Lords of 
the Coimnitrce. 1 likewise send your Lordship, as commanded, the names of twelve 
men, t!ie most eminent and best (|ualil:cd, to supply vacancvs, or be of the Council 
here. 

I humbly pray the continuance of your Lordsliip's favor, being sensible how 
nnii'h I want it in this dillicult station and place, where none do and lew care to un- 
dci-stand (if they could help it) the laws ui- methods of England. I shall encourage 
and get the best men I can for his Majesty's service, and I hope to his Majesty's 
.satisfaction, and remain, 

Your Lordship's most obedient humble servant,* 

E. ANDROS. 



J. Carter Dixiwn's Manuscripts, Nos. Q30, 231, Vol. IV 



1GS7.] AND PROVIDENCE TLANTATIONS. 



00 :' 



Warrant to jSiirvcf/ the Zand of jVarrar/ansdt. 

Dy liis Excellency, Sir Edmund AnJros : 

To Mr. John Smith, Deputy Surveyor : You arc with tlic (irst conveniency, to 
make a general survey and draft of" the Narragansett country, or Iving's Piovince, 
iind therein to observe and mark the several settlements, ehiims, ami pretensions 
made by any person or persons to the same, or any part or parcells tliereuf, of 
which make return to mc with all possible speed; and for tiie so doing, this shall 
be your warrant. Dated at Boston, the 22d day of June, 1G87. 

Jjy his Excell. coamiand.* JNO. WEST, D. Sec'ry. 

Patent of Land in Narraijan^ett granted to JUchard Wharlon. 

A r.ittcnt ibr throe several parcells of Land, and a small Island in the King's Pro- 
vince, granted to llichartl A\'harton, Estj'r, containing i-eventeen hundred and 
twelve acres. 

James the Second, by the grace of God, of England, Scotland, France, and Ire- 
land, King, Defender of the Faith, &e., to all whom these j)resents shall come, 
greeting: Know ye, that of our special grace, we have given, granted, ratified, and 
confirmed, and by these presents do give, grant, ratify ami confirm unto our trusty 
and loving subject Richard Wharton, Escj'r, of Boston, in our County ot Sullblk, 
within our territory and dominion of New England, all that tract or parcel of land 
called and known by the name of IMiddlefield farm, lying and being in that part of our 
said territory and dominion called or known by the name of Narragansett or King's 
Frovince, upon a certain neck or point of land there called Namcock ; also Boston 
Is'eck, beginning at a marked white oak tree, standing at the south end of a small hill 
on the north side of the Mdl river, and near the south end of the great Fond; then run- 
ning' in leni:th bv a range of marked trees east fourteen degrees and an half, north ; 
live luindi-ed and forty rod, to the south end cf a small beach to a heap of stones, 
being the north-ea^t corner; and from thence in breadth by the Narragansett Bay, 
three hundred and five rods to a long stone set up upon the bank, being the south- 
east corner; and from thence in length by a range of marked trees west three de- 
grees north, five hundred and thirty rod, to a small white oak saplin, abutting upon 
the uothermost end of tlu; northermost salt water Fond below the mill ; being the 
south-west corner ; the whole being bounded westerly by the aforesaid Fond, and 
the Mill river; northerly by a range of marked tree.s, eastward by the Narragansett 
Bay, southerly by a. range of marked trees, containing si.\ hundred, si.\ty-and-one 
acres and a half. And also one other tractor parcel of land, now called by the name 
ofStoakehall Farm, being near adjacent to Boston Neck, aforesaid, bearing north si.K 
degrees west from the head of the Cove, below Mr. Coale's house, fifty-two rods, 
unto the line of said farm, -which said line begins at the water side or harbor; and 
from thence is extended west three degrees north, three hundred and twenty-three 
rods, bv a range of stakes and marked trees unto a stack sianding in a heap of 



ro;t,cv's Xariagiinsctt, p. 2 20. 

17 



226 RECORDS OF THE COLONT OF RHODE ISLAXD, [1G87. 

stones on a plain, and from tlicncc south-west two degrees and an half, westerly 
three hundred and sixty-three rods, to a stake standing in a heap of stones four rods 
west of a little round swamp; from thence in breadth northwest two hundred and 
thirty-four rods to a staking on a plain, near several small walnuts, then marked 
from thence north east forty-five minures, northerly three hundred and thirty-four 
rods, to a stake standing on a plain ; from thence east south-cast seven degrees and 
a half, southerly fifty-two rods and three quarters, to a stake standing in a heap of 
stones ; from thence north-east four degrees easterly one hundred and eighty rods 
unto Annocotuckett's river; and so by the said River and cove or harbor, unto the 
first station, containing eight hundred forty-and-four acres. Likewise a small neck 
of land, near to the betbre-mentioncd land, called Middle Port Neck, becrinning two 
rods westward of a great split rock, on the edge of a bank at the head of a cove 
called Duck Cove, and from thence extending a line south eight degrees west, 
across said neck, unto Annocotuckctt river, crossing the west end ofajiiece of mea- 
dow about four rods in breadth, which joins to the said river, so bounded by the 
river, coves and harbor round to the first station at the head of Duck Cove, afore- 
said, containing two hundred acres ; together with a small Island called Foxes Is- 
land, bearing eastward from the said Neck distant one hundred and twenty rods, 
containing about seven acres, together with all and singular the messinngc, tene- 
ments, edifices, buildings, trees, timber, underwoods, fields, feedings, pastures, 
moors, marshes, swamps, meadows, ponds, pools, lakes, streams, rivers, runs, rivu- 
lets, waters, and water-courses, fishing, fowling, hawking and hunting, with the pri- 
vilege of building and erecting any mills thereon, or on any jjart thereof, and to 
make dams and all other privileges, immunities, profits, advantages, hereditaments, 
appurtenances, whatsoever, to the said several tracts or parcels of land. Island or 
premises belonging, or in anywise appertaining (excei)ting and always reserving 
out of this grant the liberty from time to time to make and ap[)oint needful high- 
ways, paths, and roads, in and through the premises, or any jjart thereof, ibr the 
publick accommodation of travellers, and general good and benefit of our subjects, 
inhabiting those parts. To have and to hold the said several tracts or parcels of 
land. Island, and premises, with their and every of their appurtenances (except be- 
fore excepted) unto the said Kichard AVharton, his heirs, and assigns, to the sole 
and only proper use and behoof of the said Riciiard Wharton, his heirs, and assigns 
for ever ; yielding, rendering and paying therefor yearly and every year on the 
Feast of the Annunciation of the Blessed Virgin Mary, lor ever unto us. our heirs 
and successors, or unto our Captain Generall and Governor in Chief, for the time 
being, or to such other officer or officers, as by us, our heirs, and successors as 
shall be from time to time empowered and appointed to receive the same, the an- 
nual rent or sum often shillings, current money in New England, aforesaid, in lieu 
and instead of all rents, services, dues, duties and demands whatsoever, for the said 
lands and premises. In testimony whereof, we have caused the great seal of our 
territory and dominion, aforesaid, to be hereunto affixed. 

AVItness, Sir Edmund Andros, our Captain General, and Goveinor in Chief of 
our said territory and dominion, at Boston, aforesaid, the 2'Jth dav of June, in the 
third year of our reign, &c. Anno Domini 1G87. Passed by order in Council, 
the date hereof, per John West, D. Secretary, and recorded in' the Secretary's of- 
fice in Boston, for his Llajcsty's territory and" dominion of New England, the 30th 
day of June, 1687. ' Per JOHN WEST, D. SecVy. 



1G87.] AND PROVIDENCE PLANTATIONS. 227 



Cofjinaqnand' s grant of Namcoch Neck. 

Ivnou- all men by tlicse presents, that I, Coginaquand, Chief Sncliem of Narra- 
gansL'tt, in consiJoration of the great love and adection I do bear unto Englisli men, 
especially Mr. John Winthrop, Governor of Connecticut, Major Humphrey Ather- 
ton, of Massachusetts, Kich'd Smith, Sen., and Rich'd Smith, Jun., of Cocumscosuck, 
traders; Liefteiiant William Hudson, of Boston, Amos Richcnson, of Boston, afore- 
said, and John Tincker, of Nashua, trader, have given and granted, and do by 
these presents fully, clearly, voluntarily, absolutely, and eflcetually give, grant, con- 
firm, and make over unto my said friends, one tract of land in my country of Nar- 
ragansctt, called by the name of Namcock Neck, be it more or less, Cocumscosutt 
Wannuchecomecuck, otherwise called Anochetuckctt, Pawsachatcow, Wannuske- 
cluieke, Mattaasett, bounded by the brook called Cocumscosutt, on the north-cast ; 
from thence running upon a west line as far as Anochetuckctt lliver, and from 
on a west line to the north-west of a pond called Pawsacacow •, on the south-west 
bounded by a river called Matatu.\sett, and so to the sea, or Petaciuamscutt, bound- 
ed by the .<ea or water, on the south-cast. To have and hold the said tract of land, 
together with the privilege of summer feed, for their cattle, making of hay in all 
meadows, swamps, and low grounds, without the said bounds to the northward, and 
north-west, to them the said Governor AVinthrop, !Major Atherton, or Richard and 
Richard Smith, Lieftenant William Hudson, Amos Richenson, John Tincker, 
their and every of their friends, their heirs and assigns, for ever; only except the 
lands in possession of and belonging already to Richard Smith, Sen'r, and Richard 
Smith, Jun'r, together with James Smith, which was their proper right, and is ex- 
pressed by lease or grant before this grant, to be them, their heirs and assigns, for 
ever; except a neck formerly granted to Mr. Ilolden, all which track, neck or 
necks, forementioncd, I the aforesaid Coginaquand, do give and make over all and 
singtdar this my foresaid land to these my foresaid friends, to have and to hold, 
their heirs and assigns, with all manner of rights, titles, and privileges thereunto be- 
longing ; ai\d do promise to defend the same from any manner of challenge or 
claim whatsoever. And I, the foresaid Coginaquand, by this my deed of gift, seal 
and deliver before the witnesses hereafter mentioned, do ratify and confirm the 
same, and do promise the same to defiiud from all other persons laying claim to the 
same. Dated this -Ith of July, IGS".* 

The mark of T COGINAQUAND. 

Signed, scaled, and delivered in presence of Nath. Greene, John Vial, Thomas 
Stanton, John Stanton, and John Farniside. 

French Proicdanis in Narragamctl. 

P.y lii> Kxeellcncy : 

Whereas complaint hath been made unto me by several of the French Protest- 
ants, settled in the Narragansett country, that John Swett, Joseph Reynolds, Henry 



J. Ciuter Brown's Jliinuicriiils, Nos. 'J32, 230, Vol. IV 



228 Ri'Conns of Tin- colony of riiode islaxk, [1G8T. 

Reynolils, Tlioinas Brny and several otiiers, liave of late, without riu'Iit or lawful 
authority mowed the meadows lying near to their settlenieiils, and have lurcihly 
carried away the grass and Iiay from thence, hy means whereof, they are left des- 
titute of any hay or foilder for their cattle in winter, and if not relieved therain, it 
will be to their utter ruin. These are therefore, to authorize and require yon, to 
call before you the persons above named, and such others as you shall fiml have 
been concerned in mowing of the said n.eadow, anrl what riglit or title they or 
cltlier of them have to the said meadow ; and unless some ])ariicular grant shall be 
shown to you for the same, you arc to cause the said grass or hay, cut oil" the said 
meadow, as aforesaid, or the like quantity, as can be found in tlie jiossession of 
those that cut the same, to be seized and secured, and ibrthwith to make rejiort to 
me of yonr pro;eedings lierein, that such further order may be given, as shall be 
thought necessary. 

Dated at Boston, the 14 th day of July, 108 7. 
To Captain John Fones, Justice of Peace, at King's Province. 
By his Excellency : 

Upon hearing and examining of the matter in dilTerence between tlic towns 
of Grccnwicli alias Deptfonl, Kingston alias Rochester, and the Frcncli families, 
lately settled in the Narragansctt country, about a parcel of meadow lying 
near the settlements and appointed for their accommodation ; but cut and mowed 
by several persons of both the said towns, which appears to be done in a violent, 
forcible manner; and the hay cut thereupon, being likewise by my order secured 
and stacked, I do, therefore, for the accommodation of the said parties for the pre- 
sent, till the right thereto can be determined and settled, order and appoint, that 
all hay cut and made ui)on the said meadows, as aforesaid, be by the direction of 
any two Justices of the Peace, forthwith divided into two e(iual shares or moieties, 
and that one moiety thereof, be given tor the use of John Niclioles, Gyles Pierce 
and George Vaughan, of Greenwich, afbiesaid ; and James Ilcynolds, James Rey- 
nolds, Jun'r, Henry Reynolds, Joseph Reynolds, Francis Reynolds, John Swett, 
William Bcnlley, John Andrew, and George Haven, of Kingston, share and share 
alike, who, I am inlbrmed live remote and are most wanting thereof. And the 
other moiety to be left for the use and benefit of the said Fencli families there, who, 
being strangers, and lately settled, and wholly destitute, and have no other wav to 
supply themselves. And all persons therein coiicei'iied, are to take notice hereof, 
and conform themselves thereunto accordingly, until further orders shall be given 
in said matter. 

Dated at Boston, the 5th day of August, 1C87. 
To ^lajor Richard Smith, and Cai)taiu Fones, Justice of the Peace, who are to sec 
this order Ibrthwith executed.* 

Lc'/lcr io Andros 7'c^pccUug Court IIouscs. 

To his Excellency, Sir Edmund Andros, Captain Gencrall and (lovcrnor In Chief 

of his Majesty's Territory of New England. These present. 
May it ])lease your Excellency. 

Sir : In pursuance of the directions to us given us liy the Jud ^'^ in tln' kite As- 



M:i«. llbt. Col. Vol. Yir., p. It: 



1GS7.] AND rROVIDENCE PLANTATIONS. 229 

sisos at Xi'wport, on Kliodo Island, concerning our not liaving a convenient Court 
House, and our coni])ulation of tlio charges thereof, and our presentation tliei'cof to 
your ]C\celleiuy, and having in the Quarter Sessions computed the costs of two 
small houses for that use, suppose tlie charges thereof will he about one juiiulrcd 
and flirty pounds ; and also judge it convenient, that one of them be erected in the 
town of Newport, and the other in the town of Rochester ; and hundily present the 
same to your Excellency for approbation and direction therein : and also nominate 
John Woodman of Newport, to be a fit person for a Treasurer of this Province, if 
your Excellency approve thereof. And remain yoiu- Excellency's most hmuble 
servants.* ' FRANCIS RRINLEY, 

Newport, on Rhode Island, Dec. 15, 1G87. PELEG SANFORl). 



Ai Ihf Gcmrall QiKuicr S'cssions ami Inferior Court of Com- 
mon Pleas, Ji'jldcn in his Majesl/js name al Xe/fport, on Ixliode 
Island, Xararjansell or Kinf^ Province, and I'i'ovidoice Plan- 
icUions, the WUi day vf Jane, 1G8T. 

.JUSTICES niESENT. 

FRAXCTS ]]RINLEY, Chairman and Judge. 
Lieut. Coll..nell VVA^VAk 8ANF0RD, 
jMijcr RICHARD SMITH, 
Capfn JOHN FONF.S, 
^\x. JOHN COnOFSlIALL, 
Mf. CALl'.r, CARR, Scii'i-, 
Capt'n ARTHUR FEXXER, 
^Ii-. SYMON RAY, 

Capt'u JAMES pexdli-:tox. 

GRAND .lURVMEN SWORN. 

Tliomas Olncy, Foreman. James (Ireeuo, vVndrew Willet, 
J(.iremiali BroAvne, Joint Whipple, IV'l(>g Sherman, .lohn 
Knowles, Joseph Mowry, Rouse llelmes, Thdinas i^'ry, Nathan- 
iel Xilcs. Thomas Rui'gc, J(thn Rice. 



rotter's Narriisan-ctf, p. '2-,>l. 



230 RECORDS OF THE COLONY OF RHODE ISLAND, [1GS7. 

CONSTABLES SAVORX IN COURT. 

noni'v Ihitomau, George Sisson, Thomas Durfee, of Ports- 
luoiith ; Jacol) .Molt, Robert AVestgate, Jireli l>ul], John Eastoii, 
Jun'r, .Toliii lleadley, foi' Newport. 

William Uancoek, for New Shoreliam. 

J(»sep]i Mowry, for Jamestown. 

The Court adjourned till 7 o'clock, to-morrow morning. 

Jiuic 15//!. 

The Court called and sat. 

Ordered, That the Clerk write orders and deliver to the 
Constables, that iippeared at sessions, to warn the persons ap- 
pointed for Constaldes to serve the year ensueing. to appear in 
sessions, or before one of the Justices of the Peace, to give 
their oath to said office. 

Upon the petition of Sarah Potter, of Warwick, it is ordered, 
that the consideration thereof, be referred to the Justices of 
the Peace, of Providence, Warwick, and Ptoehester, to iiujuirc 
into, and take care concerning the prcniis(\s thcvclu contained. 

dames Herbert, pi'isoner, in liis ^lajesty's jail in Newport, 
being indicted, was called in Court, and his indictment being- 
read to him, and he demanded guilty or not. his answer was, 
that he would not say anything; and so Avas remanded to 
jaiL 

June IWi. 

The Court of Sessions called and sat. 

James Herbert, prisoner, l)eing indicted, called in Court, and 
his indictment being read to him, and demanded guilty or not, 
answered he would not answer, and so was remanded to jail. 

The following overseers of the poor were appointed. 

John klaxon, John Fairfield, for iravcrsham. 

James Peyiiolds, Samuel Albro, for Pvociicsler. 

Capt'n Clement Weaver, John Heath, for Dcptford. 

Nalhaniell Waterman, Panlon Tillinghast. Sliadi'ack Manton, 
for l*j'(»\id('nc(\ 

Samuel Stadi-rd, Moses Lippitt. for Warwick. 



IGST.] AND PROVIDENCE PLANTATIONi^. 231 

Nii'lmla.s CaiT. Oliver Arnold; for Jamestown. 

Giile(Mi Frceborne, John IJorden, ^ilatliewUtirclen, Portsnioutli. 

John Wdodnian, Benedict Arnold, Lawrence Turner, Peter 
Easton, Inr Newport. 

luJjcrt Guthridge, Nathaniel Niles, for New Shorehani. 

Whereas, several persons being hy their recogni/anees of 
good behaviour, and to appear at a Court at Tvdchestei', in the 
King's Province, and the said Court being not held at the 
time appointed, and all the persons did there at that time and 
place appear, which said recognizances the Justices were by 
connnission to hear and determine all things relating thereunto 
at this Court, and the said persons being called, not appearing^ 
this Sessions do order, that the said persons shall l)e sununoned 
to appear at the next Generall (Quarter Sessions, to answer. 

Persons admitted to have licenses : 

AVilliam Mayes, John Davis, Pvobert Littlo, Charles Peere, 
George llalsall, of Newport. 

James Herbert, now prisoner in his Majesty's jail, being 
twice called in Court, and his indictment read to him, he was 
demanded guilty or not guilty, he said he would not answer. 

The sentence of the Court is, that the said James Herbert 
pay five pounds in money, and give his own bonds of twenty 
pounds, to be of good behaviour and appearance at the next 
Quarter Sessions, and to remain in prison till he perform the 
sentence. 

Ordered, That Ivlnuuid Calverly, late Generall Sergeant, 
Jailor, be .allowed twenty shillings for his service. 

Ordered, That the Gierke write Prohibitions to prohibit the 
selling of all sorts of strong drinks in the King's Province. 



232 nKcouDs of the colony of riiode island, [IGST. 



Al a Gcncrall Qnarkr Sessions and Ii/fcrior Court of Common 
Pleas, liohlcn in his JIaJe-s///s iminc at Joicl/rsicr./or Pihodc, 
./■s/and, Xarrar/anselt, or Iuji(/'s Province, and Providence Plan- 
tations, the 14/// daf/ of Sejdcmher, 1G8T. 

.IL'STK'LS I'KKSKXT. 

FUAXCIS BPvTXl.KY, Chuinir.m au.l Ju.l-e. 
Lieut, r.,1. VVAA<A\ SAXKORl), 
lALijorKlCllAKD SMITH, 
C;ipt'n JOHN FONES, 
E AND ALL II OLDEN. 

GRAND JURY SWORN. 

Phillip Smith, Foreman. John AVood, John Greono, Samnel 
Gorton, Nieliolas Carr, Epliraim Moss, Daniel Lawton, Benjamin 
Shearman, Gcurr^'o AVhitman, Thomas Mumford, lljuse llelmes, 
Jolui ALixen, Samuel AVinsor, AVilliam Cuiy. 

Upon the request of the Overseers (d'tlie Poor, (if Newport, 
in what way tlicy should raise maintenance for tlie poor, 

It is ordered. That the Overseer of the Poor of each town 
Avitliiu tliis Province or County, shall have power to make aud 
assess a rate or levy on all and every the estates of the inhah- 
itants and otliers within their townships, according- to the cns- 
toui of l^uulaud, for the relief of the })oor of each of their re- 
spective towns. 

Jolm Whip[)lc and William Turpin, Ijotli of Providence, arc 
forl)iddcn selling of any sort of strong drink by retail, by his 
Majesty's Justices of the Peace, sitting in Geuerall Quarter 
Sessions, at Rochester, Septendjer the 14tli. 1087. except they 
or either of tliem, sliall a}>pear 1)efore two of his Mijesty's Jus- 
tices and ii'ive bond accordiug to law. 



1GS7.] AND niOVlDENCE I'LANTATIOXS 



Af a CcncraU Quarter ScsHions and Inferior Covri nf Common 
.Virus, lioldcn in his Majes/^s name at Newport, for lihodc h- 
land, Kinfs Province, (.\:c., tlic 13/A daij of December, 1G87. 

JUSTICES I'UESENT. 

FRANCIS BRINLEY, Chainnau uiul Jud-o. 
Lioiit. C.l. PI'.LKG SANFORD, 
Cnpfu JOHN FONES, 
CALEB CARR, Scn'r, 
.JOHN COOOESIIALK 

01! A XI) .R'RY. 

Ca[>t'ii ])enja!iiiii Gorton, I'oieinan. Capt'ii Jamos iKirker, 
lltjiiry Bull, Jun'r, Henry TiblK'tts, 8un'r, Homy Hall, James 
l^ailedck, Scn'r, James Blackmorc, Abiali Carpenter, Thomas 
Brookes, Charles Tillinghast, Btuhert Carr, ( Jeor^^t; Cooke, Ste- 
phen Braiton. 

AVilliaui Allen, Thomas Cornell, John Alln-o, Jun'r, Jonathan 
Spra^-ue, John Hnwkins, all being returned by the SheritV, to 
-serve on the Grand Jury, and they refusing to take the oath in 
Court, when called thereunto, they au<l every of tliem. arc lov 
their said oUcnees, sentenced to pay a fine ol" six shillings, ;>nd 
eight pence, in or as money, inr each })erson. 

Ordered, That all cord wood, put to sale in tlie town of Now- 
port, on Rhode Island, shall be corded, cxccjjt the parties con- 
cerned shall otherwise agree, and that the Justices of tlie 
l^eace, living in the said town of Newport, or tlie luajov part of 
them, shall have power from time to time, to appoint u fit per- 
son to be a corder of wood in the said town, and the person by 
them appointed, shall be sworn to the true performance of his 
ollice, when called thereunto ; and to be allowed for his services 
four pence a cord. 

For preventing damage hy fire, it i.s ordered, that if any 
chimney in any street or other parts of the town of Newport, ou 

VOL. Il[. ]I8 



234 RECORDS OF THE COLONY OF RHODE ISLAND, [1G87. 

Rhode Island, between the places coninionly called and known 
by the name of the Ponnd, and the lands late the lands of 
Thomas Clifton, deceased, shall be fonl and take fire and burn 
above the funnel, that the person using the said chimney shall 
forfeit fur each time two shillings, six pence, in or as money. 

And also it is further ordered, that every owner of a house 
or houses, in the said parts of the said town, shall provide for 
every dwelling house a ladder to stand against each the said 
houses, that shall reach up to or near the ridge of the said 
house, within nine months after the end of this Sessions, or pay 
a fine of five shillings for his or her default. 

Upon the request of the Overseers of the Poor, of the town 
of Newport, it is ordered, that Lieut. Col. Peleg Sanford, and 
Thomas Ward, are added unto them, to help them in making a 
rate on the estates of the inhabitants, and others within the 
said township, for the relief of the poor of the said town of 
Newport. 

December Wilu 
Hannah Clarke, of Jamestown, widow, having in Court con- 
fessed that the male child in her arms was a bastard child, boi'ii 
of her body, on the '28th of August, last ; for which fact of 
hers, the Court do sentence the said Hannah to be well 
whipped ten stripes, on her naked back, in the open street, in 
the town of Newport, or pay a fine of twenty shillings, in 
or as money. 

This Court being informed that William Palmer and Daniel 
]\Iackinccs, l)oth of Rochester, victuallers, have misbehaved 
themselves, and otherwise not being fitly qualified for that em- 
ployment, this Court do order, that the said William Palmer 
and Daniel ^Nlackinces be suspended from keeping victualling 
houses, or selling ale, l)eer, cider, or any other strong drink, 
by retail, on penalty by law prescribed. 

Samuel Stapletou and Christopher Ilargall, ])oth of Newport, 
being sent for, appeared in Court^ and the reason demanded of 
them why they kept not their shops shut on the First day of this 
instant December ; it being a day set apart by his Excellency, 



1G87.] AND PROVIDENCE PLANTATIONS. 235 

the Governor and Council, for thanksgiving and praise to 
God. 

Samuel Staplcton's answer was, that he was above the obser- 
vation of days and times. 

Christopher Ilargall's answer was, that his boy opened the 
sliop, and what work his son did, was on his own account ; 
and that he Avas lame, or else he did not know but that himself 
miiiht have wrouo;ht. 

Ordered, That the Constaljle or Constables, or major part of 
them, in such the respective towns in this Province, being as- 
sisted with one or more Justices of the Peace, shall have power 
to appoint such and so many meet persons to be Surveyors 
of Highways, as by them shall be judged convenient, to take 
care for the repairing the ways in their respective townships; 
which said Surveyors are to be appointed in each town on or 
before the last Tuesday in February next ; which said Survey- 
ors are to attend their said service on penalty by law ap- 
pointed. 

William Turpin, of Providence, Victualler, not appearing in 
Sessions, according to his Excellency's order, for the taking of 
a license, it is ordered, that the said William Turpin be sus- 
pended from keeping a Victualling House, or selling ale, beer, 
liquor or other strong drink by retail, on penalty by law pro- 
vided. 

Ordered, That the Clerk to the Constables of Providence, do 
acquaint the said Wm. Turpin, of the aforesaid written order, 
and if he submit not, to make presentment in the case accord- 
ing to law. 

Ordered, That if any person or persons shall entertain James 
Herbert in their dwelling house, or other place, day or night, 
except the persons Avho have him in keeping, or sell or give 
au}^ sort of strong drink, ale, Ijcor or cider, to the said James 
llerl)ert, shall for every his or her so doing, pay ;i fine of five 
shillings, in or as money. 

Ordered, That there be a rate of one hundred and sixty 
pounds levied and raised on the several towns and places in 
this Province or CountN', for and towards the building of a 



236 Kccouns of the colony of kiiode island, [1G87. 

Court Ilon.-o in oacli of ilic towns of Newpoit and rk.()('licst(n* ; 
and rcpairin^ii- the l^rison in Newport, and paying- of debts 
lately conivacted within this Province or Cuniiiy, and to lie 
paid unto the Treasiu'cr of this Proviuce or County, on or be- 
fore tlic 1st day of Jul}'; next ensiiin^^', in the species herein- 
after named : that is to say, in money or sheep's wool, at seven 
ponce half penny a pound ; butter made in the spring, at four 
pence half penny a ])ound ; Indian corn at twenty pence tho 
bushel ; rye at two shillings, sixpence a bushel ; pork at forty- 
two shillings a barrel ; all tlie said s})ecies tu 1)0 good and nier- 
chantaljle. 

The proportion that each town is levied and assessed to pay 
is as followeth : 

Newi.ort, £38 JIavcrsham, £10 

Portsmouth, 31 New Shoreham, 11 

Providence, 27 Jamestown, 10 

Warwick, 12 

Deptford, 27 £1G0 

Pvochester, 18 

Ordered, That the Constables of racli the res|)Octive towns 
Avithin this Province or County of Ph.odo Island, or King's 
Province and Providence Plantations, shall warn the inhabit- 
ants of their town to meet together on or l)efore the first 
Wednesday in April next, to choose three or five men of the 
inhabitants of their town, to assess and levy tlie rate assessed 
and levied on their town (by his ^lajesty's Justices sitting in 
General Quarter Session, held in Newi)Oit, the loth day of De- 
cember, 1G87), on each of the estates of the inhabitants, and 
others within the precincts of their townshi[) ; Avhich said rate 
is to be made, and tlie list thereof perfected under the hands 
of the said rate makers, or the major part of them, on or betbrc 
the third AVednesday in the said month of April, and forthwith 
to be delivered to the Constables of each town ; who are 
hereby required to gather and collect the same, and the said 
rate by them gathered and collected, Wu) said Constables shall 
send unto the Tr(«asniei- ..f tl,i< i»if,N ince nt III,, .b. htm.l. .*<(•.. 



1G87.] AND PROVIDENCE PLANTATIOXS. -!'j7 

Oil or Ijofoio tlio l^t day of July next. And tlic I)ctl(n' to en- 
able the Constables to gather and eullect the said I'ate. the said 
Constables are eni[)0\vered, it" any person or ]>ersons refuse 
to pay the rate so assessed on them, to distrain of llie estate of 
the })ersoii or persons neglecting or refusing to jiay tlie same. 

It is also ordered, Tliat Mr. Trancis ])riid(>y, Ij'wui. C(»l. L'e- 
Icg Sanfbrd and Capt'n John Imuics, or the major jiart of them, 
are hereby empowered and i'e([uested to ])argain and agree 
to and with such and so many workmen, artists and otliers, for 
the materials, building and erecting in the said towns of New- 
port and Ivoehester, the said two Court Houses, as in tlieir dis- 
cretion shall seem meet; and that an order under the hands of 
them, or the major part of them, to the Treasurer of this J^'ov- 
ince or County, to pay to any person or persons, eitlier for ma- 
terials to lie used, or work done al)out the building the said 
houses, shall be a sufllcient warrant for the said Treasurer to 
pay the same. 

John Woodman, nominated to be Treasurer, and sworn. 

Ordered, That the Clerk write a letter, to ])e sent to his Ex- 
cellency, the Governor, to acquaint him that this Court have, in 
pursuance to tlie advice of the Judges to them given, consider- 
ed the necessity and charge of two Court Houses ; one to be 
built in the town of Newport, and tlie otlim- in lu!clic>ter. 
And to give his Excellency an account what they have at pre- 
sent computed the charge may lie. 

Ordered. Th;it if any person or persons shall sit lippling or 
drinking in any A'ictualling House, within this l^uvince or 
County, on the First day of the week, or be found plaving or 
sporting on the first day of llie woels', shall for every of the 
said ollences, lie iirosocuted and puiushed as by law is ap- 
pointed^; and all masters of lamilies are stiictly reipiired to take 
care of their servants and children, for whom they are to l)e 
accountable ; and the Coi\stables in each town are stricth' re- 
quired to take care that this order be duly obserMxl. 

(^i-dcred. That Ihi^ Clerk copy and send Ibi'tli Ibc ordiM's con- 

riM'uillL:- the r Hi'. I '1 ilie ( 'nlist-dilcv (if IIm^ sp\-('|';i| I ( i\\ !|S. ;i nd 



238 RECORDS OF THE COLONY OF RHODE ISLAND, [1688. 

all such other orders also as are to be published, according to 
the use they are intended. 
The Quarter Sessiuns ended. 



Al a General Qmrler Sessions and Inferior Court of Common 
Pleas, holden in his j\lajesl/fs name, at llochcster.for llhode Is- 
land, Kinr/s Province and Providence Plantations, d'c, the Gth 
daij of Mareli, 1G87-S. 

JUSTICES PRESENT. 

FRANCIS BRINLEY, Chairman and Judge. 
Lieut. Col. PELECt SANFORD, 
]\Lijor RICHARD S.MITII, 
Capt'n JOHN FONES, 
JAMES PENDLETON, 
ARTHUR FENNER, 
RANDALL HOLDEN. 

GRAND JURY. 

Nathaniel Waterman, Foreman. Job Greene, Lodowick Up- 
dike, Henry Gardiner, William Knowles, Clement Weaver, 
JCnoch Place, E[)hraim Moss, John Clarke, John ^laxson, Sam- 
uel Bennett, Thomas Mumford, Henry Bull. 

Mary, the Indian squa\v, formerly counnitted to Prison, on 
suspicion of felony, being called in Court, on i)roelamation be- 
ing made, and no person api)earing against her, tlie said Mary 
is discharged from her said imprisonment. 

For the encouragement of fishing, if any person or persons 
inhabiting at or near the Pettacpiamseutt, shall make a Wier 
this spring to take lisli in Pett;iquamseut River, for their en- 
couragement therein, it is ordered, that no pei'son or })ersons, 
shall disturb them in their fishing in their said AVier, when 
m:ide, nor fisli Avilh them therein. cxce[tt such persons as shall 



16SG.] AND PROVIDENCE PLANTATIONS. 239 

hell) ^^^iGiii to make the said Wier, or [dlow to tlicni that make it. 
And it is also further ordered, that no person or persons shall 
presnme to make any new Wier above thes aid Wier, thereby 
hindering the fishing in the said Wier; notwithstanding this 
order, it is not intended to hinder any of the neighbors, inhab- 
itants, of fishing in the said River, aboveor below the said Wier. 

AVilliam Palmer, of Rochester, being presented hy the Grand 
Inrpiest, in this Conrt, for selling of rum by retail, and suffer- 
ing the same to be drank in his said house, being called in 
Court, and his presentment read to him, and he demanded 
guilty or not, answered (not guilty), and referred to trial. 

The Jury s verdict is (guilty). The Court accept the ver- 
dict, and sentence the said William Palmer, for his said oifence, 
to pay a fine of five pounds. 

Ordered, That if any person or persons shall kill any wolf 
or wolves within this Province or Connty, and shall demand 
pay fur the same, according to law, shall bring or cause to be 
brought, the wolf or wolves, by him or them so killed, within 
twenty-four hours after to a Justice of the Peace, who is keep 
record thereof, and certify the same to the Treasurer. 

Ordered, That there shall be a rate levied and assessed on 
the several towns and places in this County or Province of 
fifty-three pounds, six shillings and eight pence for and towards 
the paying for the killing of wolves in this Province ; and to 
1)0 assessed and proportioned on each the towns pro})ortionably 
to the rate of one hundred and sixty pounds, is, and to be 
levied, collected and paid at the same time, and in the same 
manner and form as in and l)y the said order is directed and 
prescribed. 

The proportion that each town is levied and assessed to pay 
is as followeth : 

iraversham, £03 OGs. Sd. 
New Shoreham, 03 13 4 
Jamestown, 03 00 8 



Newport, 


£12 13^. 


4(/. 


Portsmouth, 


10 00 


8 


Providence, 


09 00 





Warwick, 


04 00 





Peptford, 


01 00 





Rochester, 


CO 00 






£53 6s. Sd. 



240 iiKcouDS OF Tiir: colony of riiode island, [1G88. 

S;inuiol Fjldred being tlio infuriner against William Paluier, 
for selling rum I)}'- retail, in Court forgave Lis part of the fine, 
l)eing the half thei-eof, to the said Palmer. 

Upon tlie ai»plieation of William Palmer to this Court, that 
he might have liberty to keep an Ordinary, Ale iluuse, or 
Common Vietnalling Kuuse, the Court do permit him to keep 
an Ordinary, Ale House, or common A'ictualling House, untill 
one year be I'ully e'omplete and ended, from and after the day 
of the date ot" his former license. 

ri)(.)n complaint to this Court, made by Uobert S[)inke, and 
others, of the town of Pvoeliester. that several liigiiwaN's in the 
said town are stopped u}), to the great damage of the inhabit- 
ants of said town, it is ordered, that Mr. H.miel A^-rnon and 
Mr, Ilemy Tibbitts are em})o\vercd to t.-dce care that the high- 
■way which leads from George AVhitman's, to the countr\^ road, 
and comes out to the said road between the land of Mr. James 
Ileynolds, and John Briggs, be forthwith laid o[)en for the use 
and benefit of the inhabitants. 



Af (( General (}uarler tbcmon, Ivdden in his ^Lijc^f/fs name at 
Xcii'porl, for liliodc Island, jyarrar/amdl, of Ki))(j's Province, 
and Providence PlanUdioWi, iJie Villi daij of June, 1G88. 

.JUSTICES rUKSI'NT. 

FllAXClS lUlINJ.KV, Chairman. 
VVAA\\'\ SAX FOR I), CALHP) CAPtPv, Seifr, 

IllCHArvD SMITH, JAMlvS PEXDI.F/rON, 

JOHX FOXlvS, SIMOX PwVY, 

JOHX COCCf:SHALL. ARTHLHl FJ-LXXEPv. 

OXANIJ .U'ltV. 

Fdw.u'd (h'oomnan. Foit-mun. J'ran;'i< Ib'.iiton. Sen'r. Samp- 
son Shurman, John Lewis, V.'illiam (lardiner. John Sheldon, 



1G88.] AND PROVIDEXCE TLANTATIONS. 241 

Pelog ^Muniford, John Heath, William Burton, John Sailos, 
Isaac Lawton, Joshua Raymond, Robert Guthridgc, Oliver 
Arnold. 

John Wells, of Ilaversham, being presented in the Assizes, 

or general Jail Delivery, holden in last, for killing and 

sl.iyiiig sundry swine, of George Denison. of the same jdace, 
and bearing them away, being called in Court, and his indict- 
ment being read to him, and he demanded guilty of the charge 
vY not, answered not guilty; and referred to trial. 

The Jur}^'s verdict not guilt}^, and the Court accept the 
.same. 

The said John Wells cleared by proclamation. 

CONSTABLES. 

The f)llowing Constables were chosen: 

F(»r Providence: Samuel Whipple, Gideon Crawford and 
Ei)hraim Pierce. 

For Ilaversham, Nicholas Cottcrell and Joseph Stanton. 

For Warwick, James Carder and John Pvhodes, 

For Portsmouth, Jeremiah Smith, Thomas Durfec and John 
Keas. 

For Rochester, William Gardiner. 

For Jamestown, George Cook. 

For New Shoreham, William Rathbone. 

Yov Newport, Nathaniel Coddington and Shuliael Painter. 

Alexander Gordon, of Newport, admitted to have a, license. 

Benjamin Sherman, appointed to serve in the oflice of Con- 
.stalde, svforn. 

Whereas, the late Constal)les of the town of Providence, have 
neglected to call the inhabitants of the said town together to 
choose Rate-makers, to assess and levy the C(mnty rates as- 
sessed on their town, for and towards the erecting and building 
Court Houses, and for iiayment foi' killing of wolves, this Court 
order, that the said Constaljles, taking to their assistance tw^o 
or three of their suflicient neighbors, shall assess and levy the 
said rates assessed and levied on their town, according as the 
former orders are appointed and directed on or befere the first 
^Jonday in July next ensueing ; and if none of their said 

vml/u,. 1.9" 



242 EECOllDS OF TIIE COLONY OF IHIODi: ISLAND, [IGSS. 

neighbors will assi.st tlieiu in making the said rates assessed on 
their said town, aceording to the said orders, the said Consta- 
bles shall levy the said rates themselves ; and are hereby also 
empowered to gather the said rates so assessed, by warrant 
Irom one Justice, are empowered to distrain for neglect or re- 
lusal of payment of the same, and shall forthwith return the 
said rate by them so gathered, to the l'ro\incc or County 
Treasurer. 

Ordered, That the Treasurer shall pay to ^^Ir. West, Deputy 
Secretary, the sum of lour }M:)unds, one shilling and three 
pence, in money. 

Ordered, That every town in this Province or County, in the 
next rate to be levied, shall be rated the sum of ten shillings, 
for and towards their re-paying into the Treasury the said 
money paid to the Deputy Secretary. 

It is ordered. That the Consta])les of the towns of Xew 
Shoreham, llaversham, llochester, Deplford. Warwick, and 
Providence, shall be allowed reasonable charge for the trans- 
portation by water, of the rates of their towns to the Treasurer, 
or so nuich thereof as shall be sent to him, to Newport, to bo 
})aid in the said species. 

Whereas, John Eldred, of Pvocliester, his lieense being not 
fully expired, and he requesting that it may be continued until 
the next Quarter Sessions, it is oi'dered, that the license (»f the 
said John Eldred, shall cuntinue in full force until the next 
Quarter Sessions ; and also the license of Sanuiel Eldred of 
said Rochester, is continued to the next Quarter Sessions. 

It is ordered. That the Selectmen, townsmen, and Overseers 
of the town of Newport, or any one of them, shall view all cattle 
transported from out of the said town by "water, and shall 
ha\'e for their service therein the former, and allowed usual 
fees. 

The Court, adjourned, until to-morr(.»w morning eight of the 
clock. 

j>uic ];;///. 

Tlie Court called and sat. 

Whereas, the late Pvate-makers chosen bv the inhaliitants of 



1088.] AND rilOVIDHNCE I'LANTATIOX.-^. 243 

the town (if \L'\v[)()rt, to assess and levy tlie rate assessed on 
tluMi- town l)y tlie Justices sitting in General Quarter Sessions, 
in Newport, December loth, 1087, and Rochester, ^March Gth, 
1087. have neglected to rate some persons liaving estates in 
tlie precincts of t!ieir town, that according to order ought to 
liave been rated, it is ordei-ed, that the said Rate-makers do 
and shall meet together on or ])e{bre the one-and-twentieth of 
this inst:int June, to perfect and finish the list of tlie said rates, 
and to make return thereof forthwith, to the Constables of the 
said town. 



A/ a CoienU (^narlcr fSc-smus, holdcn at Itoc/n'sfcr./or Ii'hocle I^- 
liiiuL Xarragansdt or Kii}(fs Frovincc, and Prucldcncc Planla- 
iioiis, i he first Tucsda>/ in Se/dcud'cr, 1088. 

JUSTICES PKESEXT. 

FRANCIS BRINLEY, CALEB CARR, Sen'r, 

Capfn JOHN FONES, RANDALL llOLDEN. 

JOHN COGGESKALL, 

GRAND .1URY. 

Edward Pelham, Henry Brightman, Roljert Lawton, James 
Coggeshall, Robert Little, Jolni Rathbone, James Reynolds, 
Thomas Gould, John Watson, Capt'n William Hopkins, John 
Low, Charles llastleton, John Thomas, Henry Tibbitts. 

PERSO.VS LICENSED. 

William iNIagcs, George Halsall, John Davis, Stephen Ta- 
beer. Charles Beer, of Newport. 
John Cook, of Portsmouth. 
Samuel Albro, of Rochester. 
Al.)rahani Cain}ianall. 

\l:ny Sanford. Jon-ph Tiinb-Mlak". <if PnrUm.Mdh. 
Benjamin Gorton. 



244 RECORDS OF THE COLONY OF RHODE ISLAND [1GS8. 

John Eklrcd, Benjamin Mowiy, Samuel Eklrcd, of Rochester. 

The Court adjonrncd for an hour's time. 

The Court called and sat. 

Mary Cor_y, of Portsmouth, single woman, being called in 
Court, to answer to an indictment Ijy the Grand Jury found 
against her for having a child born of her body, in June last 
past, appeared, and Ijeing demanded who was the father of the 
said cliild, she answered John Wickham. 

The Court sentence the said jMary Cory for her oHonce to 
pay a fine of twenty shillings in money ; ;uid also that she 
bear the town of Portsmouth, free from [ill cliargcs concerning, 
maintaining and bringing up the said child. 

Martha Cook (alias) Cory, of Portsmoutli, and Mary Blowei-, 
of Newport, on Rhode Island, single women, being summoned 
to appear at this Court, to answer to a presentment, each for 
having a child born of her body, found by the Grand Jury, in 
June last past, being called, did not answer, hy the Court is or- 
dered, that an attachment go forth against them, to a[>pear at 
the next Quarter Sessions. 

Francis Brayton, of Portsmouth, on Rhode Island, l)oing sum- 
moned to appear at this Court, to answer to a presentment for 
selling drink to Indians on the First day of the week, being 
called in Court, appeared, and denninded guilty or not, con- 
fessed the f ict ; and referred himself to the judgment of the 
Court. The Court's sentence is, that the said Francis Bra}^ton 
pay a fuie of ten shillings in money for his ofiencc. 

Robert Lawton, of Portsmouth, on Rhode Island, sworn Sealer 
of the said town. 



less.] AND PROVIDENCE PLANTATIONS. 245 



A/ a (JcncyaU Qiuiiicy Sessions Jicld in NcirporLfor llluule Mand, 
Kings Prorince, and Providence PlanUdions, the Wlli dag of 
December, 10 88. 

JUSTICES ITxESENT. 

FRAXCIS inUXLF.Y, JOITN COCGKSIIALL, 

PELEG SANFOIU), CALl-:]] CAIIU, Son'r, 

lUCllAllD SMITH, ARTllUll FENXER. 
JOIIX FOXES, 

CRAND .IL'RV. 

Lnwroiico Tumor. Foroinaii. Tliomns I'aiiie, Dnnicl Stanton, 
Tliouias Brooke?::, Cicoru'O Si.sson, Stephen Cornell. lonodi Plaise, 
I^odowick Updike, William Palmer, John AVarner, Jo.-5eph 
A\'uod\var(_l, George A^aiighan, Ste[)hen Ptomington. 

PERSONS LICENSED. 

Samuel Wilson, of Rochester. 
Job Card, of X'ew Shoreham. 
James Sweet, of Prudence. 

Whereas, there "was an order made in the Quarter Sessions, 
held in X'^ewport, the 12th day of Deeendicr, 1087, for the pre- 
A'ention of damage Ijy fire, in the town of X^ewport, that if any 
chimney in the said town shall he ibul and take fire, and Inirn 
aliove the funnel thereof, that the persons using the said chim- 
ney, shall pay two sliillings, six})ence ; and by the said order 
there was no means provided for the eolleeting and receiving 
the same, it is ordered, that if any person or persons shall give 
notice of any chimney taking fire and burning above the fun- 
nel, to the next Justice of the Peace, shall have six penct^ for 
[\w same, out of the fine. 

And it is further ordered, That one of Ihe said CoMs(al)h"s of 
tin; said toNvn sImII demand and receive the same: and if the 



240 IIKCORDS OF THE COLONY OF KIIODE ISLAND, [1088. 

|)(M's;)ii on'ciKliii;;- rcl'ii.<c on (Icinaiid to p;iy tlio s:iiii(% ilmt iheii 
bv warrant iVuni ouo Justice of the Peace to a Constable, lie 
shall levy the same, by distress on the goods of the olfender, 
together Avith the charge thereof, and the said fine (except the 
.sixpence aforesaid), to deliver to the vSelectnien and Overseers of 
the Poor of the said town of Newport, for tlu^ use ol" the poor. 
And aLs(» at the time aforesaid, it was ordered, that the owner 
of everv dwelling housi; in the })arts of the said town, the 
places calletl the l\nu], and the land of Thomas Clifton, de- 
ceas(Ml, should provide a ladder to stand against the houses that 
would conveineidly reach to near the I'idge of the said hous(;, 
within idnt; moidhs. on the lin'feiture of live shillings; and the 
said order having been hitherto generally neglected, it is or- 
dered, that all and every person or persons, owners of houses 
as aforesaid, shall within three months after the end of this 
Sessions, ])rovide a ladder or ladders, according as is directed 
])Y the said order (except such persons as have already provid- 
ed ladders accordingly); or shall forfeit the sum of five shil- 
lings, to be to the use of tlu; poor of the said town oi' Newport. 
And it is 'iirlhc'r ordered, that the Constables of Newport 
shall take care to see this order be perfoi'iiuMl ; and if any shall 
neglect tlieii- duty herein, to i-eceive and collect the said fine, 
and if any person or persons olfendiiig shall rcluse to pay the 
same on demand, the said Constables or any of them, Ijy w\ar- 
rant from one Justice of the Peace, shall levy the same by dis- 
tress, together with the charge ibr the lev^dng the same. 

AVhereas, the Treasurer of this Province or County, hath 
made report to this Sessions that several of the Constaldes ha\-e 
neglected to collect and gather the several rates levied on the 
estates v,-ithin their respective towns, it is ordered, that the 
Constaldes and each of them, that have neglected to gatluu- and 
collect any the said assessments, shall ibrthwith collect and 
gather the same, or else Ibr the neglect of their said duty, they 
and every of them, shall be lyablc to pay the sum or sums by them 
neglected to be collected and gathered, as by the said orders 
are provid(.'d and directed. And ff all or any of tlu^ Coiistaldes 
shall neglect to pay the said assessments and finish their ac- 



IGSS.] AXU rUOVIDE.N'CE PLANTATIONS. 247 

coiuils willi th(3 said Treasurer, it sliall and may lie lawful for 
any two Justices of the Peace of this Province, &c., to <^Taiit 
forth ;i warrant to the Shcrill" or to any other yiorson as to 
them shall seem meet, to distrain the same of the goods and 
chattels of all and every the Constables that shall neglect their 
duty herein. 

AVhcreas, ])y the order of Sessions, lield at Rochester, the 
Gth day of March, 1GS7, it was ordered, that if any person or 
])ersons shall kill any wolf or wolves, within this Pro\int'e or 
County, and shall demand pay for the same, according to law 
shall within twenty-four hours ])ring the liody of the said 
wolves to a Justice of the Peace, which order is found diflicult 
to }ierform. 

It is therefore ordered, That for the head and skin of any 
well" by a.ny person so killed, shall 1)e brought to a dustice of 
the Peace in the lime, it shall b(3 sufhcient Ibr the .]u>tice of 
the Peace to make record of tin,' killing of the said wolf, and 
t(» certify the same to the Treasurer. 

Ordered, That there shall be a rate of one huiulred and 
twenty pounds levied and raised on the several towns in this 
Ih'ovince or County, for defraying of the public charge tliereof, 
and to be paid unto the Treasurer of this Province or County, 
on or Ix'fore the lirst day of July, next ensuing, in the s[);'cies 
hereinafter named, and at the prices hei'eafter appointed. That 
is to say, sheep's wool at eight p(jnce ihe p.iuiuh butter at (bur 
jionce a pound, Indian corn at Iburleen pence t!ie busliel. And 
if any person or })(n-sons shall })ay money, he or tliey sliall lie 
abated the one sixth part; all whicli species shall be good and 
merchantaljle. 

The proportion that each town is levied and as-ese;! to ]»ay, 
is as Iblloweth : 

Newpoit, £28 10.?. Ibiversham, £7 OOs. 

Portsmouth, ' 23 0-") New Shoreham, 8 l") 

Providence, 20 O-j Jamestown, 7 10 

^Varwick, 00 00 , 

Di'ptford, 02 0-") £120 00 

Ilochester, lo 10 



248 RECORDS OF THE COLONY OF RHODE ISLAXD, [1G88. 

Ordered. Tliat the Selectmen in each the respective toAvns 
Avitliin this Pruviiice or Coimty, shall meet together on or be- 
fore the llrst AVcdnesday in April next, to assess and levy the 
rate assessed and levied on their town by his ^lajesty's Jus- 
tices, sitting ill Generall Quarter Sessions, held in Newport, 
tlie lltli day of Decend)er, 1G88, on each of the estates of the 
inhal)itant.-. and others within the precincts of tlieir townships, 
wliicli said rate made, and the list thereof perfected, under the 
hands of tlie said Selectmen, or the major part of them, on or 
])ef )re tlie tliird Wednesday in tlie said montli ol" April, and 
firth with to Ije delivered to the Constables of eacli town, who 
are hereby required to gather and collect tlie same ; and the 
said rate by them so gathered and collected, the said Consta- 
bles shall send unto the Treasurer of this Province or County, 
of Rhode Island, &c., on or before tlie 1st day of July, next. 
And the better to enable the Constal)les to gather and collect 
the said rate, the said Constables arc empowered, if any person 
or })ersons shall neglect or refuse to pa}' the r;ite so assessed on 
tliem, to distrain of the estate of the person or persons neglect- 
ing ov refusing to pay their rate. 

Indnict ions for Sir Edmund Andres. 

Jnstriictinii> to our trusty ami w(;ll-!)(.'Io\c'il Sir Ivlinund An(]ro.>, KuiLilit, our Cn]italii 
C"rL'uei-all aui! (lovoi-nor iii Cliicl" in aiul over qui- territory and douiiriiuu ol'2\e\v 
]-i)!j;Iand, in Auieriea. 

\\'itli these our Instruetions, you will reeoive our coinni!s>ion, under our crrcat 
Seal of ICniilaud. constitutinj^ you our Cajjtaiii (lenerall and (lovcruor in Cliief in 
and over our Collonies ot' the Mas<aelin;;i>tt>; IJay and New I'lyinouth, our Province 
ofXeu' Ilainpshii-e ami Main(>, thi" Narragansett eouiitry or Kiuii's Province, our 
Citllonie-; of Rhode I>hind and Conneetieut, our Provinee of New York, and Kast 
and West .\'e\v Jersey, and of all that traet ofiand, circuit, continent, prei incts and 
limits in .Vuieriea, lyinir and being in breadth fi-oni forty degrees of northern lati- 
tude, from the Ktiuinoctial line, to the river St. Croix, eastward, and from thence di- 
rectly northwai-d to the river of Canada; and in length and lonLritudo bv all the 
breadth atbresaid, ihrougliout the main land, from the Atlantic or \Vestcrn Sea, and 
ocean on the east part, to the South Sea on the west part; with all the islands, 
seas, rivers, waters, rites, members, and appurtenances thereunto belonging (our 
Province of Pennsylvania ami country of Delaware only excepted), to be called 
and known as formerly, l)y the name and title of our territoiy and dominion of 
New England, in America. 

And yon are accordingly fortlr.vitli to take up)u you the execution of the place 



iGsr.] 



AND PROVIDENCE PLANTATIOxNS. 249 



and trust, we have reposed In you, and with all convenient speed to call together 
the members of the Council by name, Joseph Dudley, William Stoughton, Robert 
Mason, Anthony BrockoU, Thomas Hinckley, *Walter Clark, llobert Treat, John 
Fitz Winthrop, John Nicholson, Frederick Philips, Jervis Baxster, John Pinchon, 
Peter Buckley, Wait Winthrop, Richard Wharton, Stephen Courtland, John 
Usher, Bartholomew Gidney, Jonathan Ting, John Hincks, Edward Ting, Barna- 
by Lathrop, John Sanfbrd, William Bradford, Daniel Smith, Edward Randolph, 
John Spragg, John Walley, Nathaniel Clerke, John Coxhill [*Coggeshall], Walter 
Newbury, *John Greene, *Richard Arnold, John Alborough, Samuel Shrimpton, 
John Young, Nicholas Bayard, John Palmer, William Brown, Jun'r, Simon Linds, 
* Richard Smith, and John Allen, Esquires. At which meeting, aitcr having pub- 
lisliiMl our said commission, or letters patents, constituting you our Captain Gene- 
rail and Governor in Chief of our said territory and dominion, you shall (after first 
taking the like oath yourself) adminlnlstcr to the members of our Council, the oath 
for the due execution of their places and trusts. 

And you are to communicate unto our said Council from time to time such and 
so many of our Instructions as you shall find convenient for our service, to be im- 
parted unto them. 

And you are to permit the members of our Council to have and enjoy the free- 
dom of debate and votes, in all things to be debated by them. 

And although by our commission, aforesaid, we have thought fit to direct that 
any five of our Councillors make a quorum ; it is nevertheless our will and plea- 
sure, that you do not act with a quorum of less than seven members, unless upon 
extraordinary emergencies. 

And that we may always be informed of the names of persons fit to supply the 
vacancys of our Councill, you are to transmit unto one of our Principal Secretaries 
of State, and to the Lords of our Privy Councill appointed a Committee for Trade 
and Foreign Plantations, with all convenient speed, the names and characters of 
twelve persons. Inhabitants of our said territory, whom you shall esteem the best quali- 
fied for that trust; and so from time to time when any of them shall die, depart out 
of our said territory, or upon any other occasion, you are to supply the first number 
of twelve persons, by nominating others to us in their stoad. 

And our will and pleasure is, that you do not suspend any of the members of our 
said Councill, without good and sufhcient cause ; and in case of suspension of any 
of them, you are forthwith to transmit unto us, as aforesaid, and to our Committee 
lor Trade and Foreign Plantations, your reasons for so doing, together with the 
charge and proof against the said persons, and their answer thereunto. 

And in the nomination of any members of our said Councill unto us, upon any 
vacancy, as also In the choice of the Chief Ollicers, Judges, Assistants, Justices, and 
Sherlfls, you are always to take special care that they be men of estate and abili- 
ties, and not necessitous people, or much in debt, and that they be persons well af- 
fected to the government. 

Our will and pleasure is, that all laws, statutes, and ordinances within our terri- 
tory and dominion of New England, aforesaid, shall continue and be in full force 
and vigor, so far forth, as they do not in any wise contradict. Impeach, or dero- 
gate from our said commission, orders, or Instructions, until such time as with the ad- 
vice and consent of the Councill, you shall pass other laws for the good government 
of our said territory and dominion, which you are to do with all convenient speed. 
And we do further cliarge and require you to transmit authentkk copies, under 
VOL. in. 20 



250 RECORDS OF TIIE COLONY OF RHODE ISLAND, [1G88. 

the publick soal, of all laws, statutes, and ordinances, wlileli at any time shall be 
made and enacted within our said territory and dominion, unto us, as aforesaid, and 
to our Committee for Trade and Plantations, within three months, or sooner, after 
their being enacted, together with duplicates thereof, hy the next conveyance, upon 
of the pain of our liighest disjileasure, and forfeiture of that year's salary wherein you 
shall at any time or upon any pretence whatsoever, omit to send over the said 
laws and ordinances, as aforesaid, within the time above limited ; as also of such 
other penalty as we shall please, to inflict. 

And if any laws, statutes, and ordinances, made and enacted by you and our Coun- 
cill,or by the Commander in Chief, and Conncill of New England, tor the time being, 
shall at any time be disallowed, and not approved, and so signified by us, our heifs, 
or successors, under our or their sign manual and signet, or by order of o\ir or 
their Privy Councill unto you, the said Sir P'.dmuiid Andros, or tiic Conmiamlor in 
Chief of our said teirritory and dominion for the time being : tl)fn such and so 
many of them as shall be so disUlowcd and not approved, sliall iVoju llieneelurlh 
cease, determine and become void. 

And you arc to observe in the ]>assing of laws, that the style of enacting the same 
by the Governor and Cotmcill, be henceforth used, and no otlier. 

And we do hereby signify unto you our express commands, ti)at all writs bo issued 
in our Royal name, throughout our said territory and dominion. You are to take espe- 
cial care that no act or order be passed within our said territory in any case for levy- 
ing fines, and indicting penalties whereby the san^e sliall not be reserved to us 
for the publick uses of the government ; as by the said act or order sliall be 
directed. 

Whereas, by our commission aforesaid, we have given unto you full power and 
authority, with the advice and consent of our Councill, or the major part of them, 
to im])0sc, assess, raise, and levy such rates, and taxes as you shall find necessary for 
the support of the government of our said territory : our will and pleasure is, that 
you continue to raise and levy such rates, taxes, and impositions as are now or have 
lately been laid and imposed within our said territory, until upon further examina- 
tion and incpiiry, you shall rej)resent unto us the nature and quality of such rates, 
taxes, and imiwsitions ; how the same are raised, and levied, an<l what other taxes 
may be raised and levied, and to what value yearly, as also wliat shall be necessary 
for the support of the annual charge of our government there. 

You shall not permit any publick money whatsoever, to be issued or disposed of, 
otherwise than bv vour order or warrant, under your hand. And you are to cause 
the accounts of all such money or value of money, attested by you, to be trans- 
mitted every half year to our Committc of Traile and Plantations, and to our High 
Treasurer, or Commissioners of our Treasury, for the tin»e being ; wherein sliall be 
specified every particular sum received or disposed of; together with the iianu's of 
the persons, to wliom any payments shall be made, and for what uses, with suiruient 
vouchers tor every payment ; to the end we may Ikj satisfied of the due appli- 
cation of the revenue raised or to be raised, within our said territorv. 

You shall not remit any fines or forfeitures whatsoever, al><:>ve the *nm of ten 
pounds, before or after sentence given, nor dispose of any esv'heats, until you shall 
have first signified unto us, to the Commissioners of our Treasury, or High Treasu- 
rer for the time being, and to our Committee of Plantations, the nature of the of- 
fence or occasion of such fines, forfeitures, or escheats, with the particular suu\s or 
value thereof, and shall have received our directions therein. 



1G8S.] 



AND rROVIDEXCE rLANTATIONS. 251 



Ami wheroas there are great tracts of land within our said territory and domin- 
ion, yet undisposed of, and other lands, tenements, hereditaments, for which our 
lloval confirmation may be wanting; we do hereby authorize you to dispose of 
such lands for a moderate quit rent, not under two shillings sixpence, Ibr every 
linndred acres ; and to reserve such acknowlcdments unto us for the confirmation 
of other lands, tenements, and hereditaments as you shall think most ecjuitablc and 
conducing to our service. 

And whereas we are willing to provide for the support of our government in our 
said territory, by setting apart sullicient allowances to the Commanders in Ciiicf, re- 
siding for the time being within the same ; our pleasure is, that when it sl'.all happen 
that you shall be absent from that our territory, one full moiety of the salary and of 
all penpiisiles and emoluments whatsoever, which would otherwise become due un- 
to you, shall during the time of your absence be paid and satisfied unto such Com- 
mander in Chief, who siiall be resident upon the j)lace ; which we do hereby order 
and allot unto him lor Iiis better maintenance, and for the support of the dignity 
of that our government. 

You are to re(iuire the Secretary of our said territory, for the tinie being, to fur- 
nish you with transcripts of all such acts and publick orders as shall be made from 
time to time, together with a copy of the journal of the Council, to the end the same 
tniy lie transmitted unto us, as aforesaid, and to our Committee for Trade and 
Plantations, which lie is duly to perform upon pain of incurring a forfeiture of his 
place. 

You shall not displace or suspend any of the Judges, Justices, ShcrifFs, or other 
chief ollicer within our said territory, without good and suflicient cause ; which you 
are thereupon to signify to us, and to our Committee of Plantations. 

All military officers upon misbehavior and unfaithfulness in the execution of their 
trusts, you shall and may suspend or discharge, as shall appear upon due examina- 
tion tliereof, most agreeable to justice. 

I'ou are to transmit unto us, with all convenient speed, a particular account of all 
establishments, of jurisdictions, courts, olfices, and ollicers, power?, authorities, fees, 
and privileges, which shall be granted or settled within our said territory ; to the 
end you may receive our approbation and directions therein. 

And whereas since our accession to the crown, we have appointed a new seal for 
our Collonles of New Kiigland, as also another seal for our Province of New York, 
whiih being now united under one government, we do hereby direct and require 
that the seal appuintod for the said Collony of New England, be henceforth made use 
of for all of that our territory and dominion, in Its largest extent and boundaries 
atbrementioned ; and that the seal for our Province of New Y''ork, be forthwith 
broken and defaced In your presence. 

You shall take especiall care, with the ailvlcc and consent of our said Counclll, to 
regulate all salaries, and fees belonging to places or i)aid upon emergencies, that 
they may be within tlie bounds of moderation, and that no exaction be made upon 
any occasion whatsoever. 

Y'ou are to take care that drunkenness, and debauchery, and swearing, and blas- 
phemy, be severely punished ; and that none be admitted to publick trusts and em- 
ploymcivts, wjiose ill fame and conversation may bring scandal thereupon. 

Y'ou arc to ])crmit a liberty of conscii-nce in matttu-s of religion to all persons, so 
they be contented with a quiet and peajcablc enjoyment of it, pursuant to our gra- 



252 RECORDS OF THE COLONY OF RHODE ISLAND, [1G88. 

clous declarations, bearing date the 4th day of April, in the third year of our 
reign ; -which you are to cause to be duly observed ind put in execution. 

And we do hereby require and command, that no man's life, member, frceholdr 
or goods be taken away, but by established and known laws not repugnant to, but 
as much as conveniently may be, agreeable to the laws of our kingdom of England. 

You shall take care that all planters, merchants and Christian servants shall be well 
and fitly provided with arms, and that they be listed under officers, and when and 
as often as you shall tliink fit, mustered, and trained, whereby they may be in bet- 
ter readiness for the defence of our territorry and dominion, aforesaid ; or in 
any other of our Plantations, in case of distress, wherein you shall, upon the appli- 
cation of the respective Governors, assist them with what aid the condition and 
safety of your government may permit. 

You are nevertheless to take especial care that neither the frequency nor unrea- 
sonableness of remote marches, musters, and trainings be an unnecessary impedi- 
ment to the affairs of the inhabitants or planters under your govenimcnt. 

You shall take an inventory of all arms, ammunition and stores remaining in any of 
our magazines and garrisons, within our said territory, and send an account of thcni 
yearly to us, by one of our principal Secretaries of State, and to our Committee 
for Trade and Plantations. 

And you are also to demand an account of what other arms and ammunition have 
been formerly bought with publick money there, for the security of our said terri- 
tory, and the same to transmit unto us by one of our principal Secretaries of State, 
and to our Committee for Trade and Foreign Plantations. 

You are to take especial care that fit store houses be settled throughout our said 
territory, for receiving and keeping of arms, and ammunition and other publick 
stores. 

And you shall transmit unto us by the first opportunity, a map with the exact 
description of all the whole country as far as any discovery shall be made thereof, 
and of the several fortifications you shall shall find or erect there. 

And that we may be the better informed of the trade of our said territory, you 
are with the advice and consent of our Councill, to take care that due entries be 
made in all ports, of all goods and commodities imported or exported from thence, 
and from and to what places they come and go ; and that a yearly account thereof 
be transmitted by you unto us, by our High Treasurer, or Commissioners of our 
Treasury for the time being, and to our Committee for Trade and Foreign 
Plantations. 

Our will and pleasure is, that you do from time to time give us an account of 
what strength your bordering neighbors are, be they Indians or others, by sea and 
land, and what correspondency you keep with them. 

And when any opportunity shall offer for purchasing great tracts of land for us, 
from the Indians for small sums, you are to use your discretion therein, as you shall 
judge of the convenience, prejudice, or advantage that may arise unto us, bv the 
same. 

"Whereas Joseph Dudley, Esq'r, and others, by their petition have humbly prayed 
our Royal grant and confirmation to certain lands lying upon the river Merrimaek, 
and to the lake Wenepesioco, in New England, together with the fi'-hing of the 
said river and lake, you arc to examine the s;ud ))etition, ;uid lu report unto us 
your opinion what may be fit for us (o do therein. 



1G88.] 



A\D PROVIDENCE PLANTATIONS. 



You are to suppress tlic engrossing of commodities tending to tbe prejudice of 
that freedom wliieh commerce and trade ought to have, and to settle such orders 
and regulations tlierein with the advice of our Councill, as may be most acceptable 
to the generality of the inhabitants. 

You are to give all due encouragement and invitation to merchants and others> 
who shall bring trade unto our said territory, and in particular to the Royal African 
Company of England. 

And you are to take care that there be no trading from our said territory, to any 
place or port in Africa, within the Charter of the Koyal African Company; and you 
are not to suffer any ships to be sent thither, without their leave and authority. 

And we do hereby strictly command and enjoin you carefully to observe the 
treaties concluded by ns with any foreign Prince or State; and in case any private 
injury or damage shall be ollered or done to any of our subjects in those jiarts by the 
subjects of any such rrinccor State, you shall take care to give us an account tliere- 
of, with all convenient speed, and not to permit or encourage re[iarati()ns thereof 
to be sought in any other way than such as shall be agreeable to the said treaties 
and the instruction herewith given you. 

And whereas we are informed of great disorders and depredations daily commit- 
ted by pirates and others, to the prejudice of our allies, contrary to the treaties be- 
tween us, to the good correspondency which ought to be maintained between Chris- 
tian Princes and States; and there being a law passed in our Island of Jamaica 
against such imwarrantable proceedings ; our will and pleasure is, that such a law 
(a copy wliereof is herewith delivered unto you) be passed \vitiiin our territory and 
dominion of New England, which you are to transmit unto us, as aforesaid, by the 
first opportunity. 

And whereas we think it fit for the better administration of justice, that a law be 
passed, wherein shall be set the value of mens' estates, either in goods or lands, 
under whicii they shall not be capable of serving as Jurors; yuu are therefore, by 
the first opportunity of transmitting any laws hither for our approbation, to send one 
for that purpose. 

Y''ou shall pass a law for the restrainingof Inhuman severity, whieh by ill masters 
or overseers may be used towards the Christian servants or slaves : wherein provi- 
sion is to be made that the willful killing of Indians and negroes be inmished with 
death, and a fit penalty imposed tor the maiming of them. 

And you are also with the assistance of our Councill, to find out the best means 
to facilitate and encourage the conversion of negroes and Indians, to the Christian 
religion. 

You are to endeavor, with the assistance of the Councill, to provide for the rais- 
ing of stocks and building publick work houses in convenient places, for the em- 
ploying of poor and indigent people. 

Y'ou are likewise from time to time, to give us by one of our principal Secreta- 
rys of State, and our Committee for Trade and Foreign Plantations, an account of 
the wants and defects of our said territory, what are the chief products thereof, what 
new improvements the industry or invention of the planters hath afforded, what 
probable advantages may be gained by trade, and which way you conceive we may 
contribute towards them. 

Ami tbrasniueli as grcwt ineonvenienees mayarisc.by the lib(>rly of |irinting willi- 
in our ;aiil territury, under your government, you are to |irovide by all neeee.-.ny 



254 RECORDS OF THE COLONY OF RHODE ISLAND, [1G88. 

orders that no person keep any printing press for printing, nor that any boolc, jiam- 
phlet, or other matter whatsoever, be printed without your special leave and license 
first obtained. 

You are to encourage all you can the several Indians on the Continent, upon all 
occasions, tiiat they may apply themselves to the English trade and nation, rather 
than any other in Europe.* 

And to the end tiie said limits and boundaries may be settled before the lltli day 
of January next, and that our Commissioners may be well informed of the full ex- 
tent of our territory and dominion of New England, and its dependencies; you are 
Ibrthwitli to give us an exact account and full inlbrmation of the boundaries and 
limits thereof, and of tiie Indians and territories depending thereon; which you are 
to do witii all convenient speed. 

Lastly. If any thing sliall iiappcu, that may be of advantage, and sccuritv to our 
said territory, whicii is not iuirein or by our commission provided lor ; we do hereby 
allow unto you with the advice and consent of our Councill, to taki' order for the 
present therein ; giving us speedy notice tliereof, that you may receive our ratifica- 
tion, if we shall approve the same. 

Provided, always, and our will and pleasure is, tliat you do not by color of any 
power or authority hereby given you, commence or declare war without our 
knowledge and connnand therein; except it be against Indians, upon emergencies, 
wherein the consent of our Councill shall be had. And you are to give a j)articu- 
lar account thereof", with all speed, unto us, by one of our prineijial Secretarvs of 
State, and to the Lords of our Privy Councill, appointed a Connnittee for Trade 
and Foreign Plantations; as in the general of all publick proceedings from time to 
time, and of the condition of affairs within your government. 

Given at at our Coart, at Whitehall, the K,th day of April, 1G8S, in the fourth 
year of our reign.* By his Majesty's connnand, SUNDERLAND P. 



[To complete the history of the revolt of the English Colonies, wliich grew out of 
the arbitrary government of Sir Edmund Andros, we quote the particulars of the 
closing scenes from Mr. Bancroft's History.] 

"The great news of the invasion of England, and the declaration of the Prince of 
Orange, reached Boston on 4th day April, 1G80. The messenger was immediately 
imprisoned ; but his message could not be suppressed ; and " the preachers had al- 
ready matured the evil design " of a revolution. For the events that followed, were 
" not a violent passion of the rabble, but a long-contrived piece of wickedness." 

About nine o'clock of the morning of the ISth, just as George, the commander of 
the Hose frigate, sb^pped on shore. Green and the Boston ship-carpenfei-s gathered 
about him, and made him a prisoner. The town took tlu; alarm. The i-oyalist 
sherifV hastcuicd to <iuiet the multitude ; and the midtitude secured him as their 
prisoner. From him they hastened to the major of the regiment, and demanded 



A vnrtion r.'l;ifiii- to tin- five i ation^ ol' inJi 
Ncsv Vork Djcunicnts, p. 513, Vol. III. 



1GS9.] 



AND rROVIDENCE PLANTATIONS. 



colors and drums. He resisted ; tlicy tlireatened. T!ic crowd increased; cimpa- 
nies tbrin under Nelson, Foster, Waterhouse, tlicir old ollicers; and already at ten 
they seize Bulllvant, Foxcroft, and llavenscraft. 13oys ran along the streets with 
clubs ; the drums beat ; the Governor, with his creatures resisted in Council, with- 
drew to the tort to desire a conference with the minist'jrs and two or three more. 
The conference was declined. All the companies soon rallied at the town-house. 
Just then, the last Governor of the Colony, in olTiee when the Charter was abrogat- 
ed, Simon Bradstrcet, glorious with the dignity of four score years and seven, one 
of the early emigrants, a magistrate in 1G30, whose experience connected the oldest 
generation with the new, drew near the town-house, and was received bv a "reat 
shout from the freemen. The old magistrates were re-instated, as a council of safe- 
ty ; the whole town rose in arms, " with the most unanimous resolution that ever in- 
spired a people ;" and a Declaration, read troni the balcony, defended the insurrec- 
tion as a duty to God and the country. " We commit our enterprise," it was ad- 
ded, " to Him who hears the cry of the oppressed, and advise all our neighbors, for 
whom we have thus ventured ourselves, to joyn with us in prayers and all just ac- 
tions for the defence of the land." 

On Charlestown side, a thousand soldiers crowded together ; and the multitude 
would have been larger if needed. The Governor, vainly attempting to escape to 
the frigate, was, with his creatures, compelled to seek protection I)y submission ; 
through the streets where he had first displayed his scarlet coat and arbitrary 
commission, he and his fellows were marched to the town-house, and thence to 
prison. 

On the next day, the country came swarming across the Charlestown and Chel- 
sea ferries, headed by Shepherd, a schoolmaster of Lynn. All the cry was against 
Andros and llivndoiph. The castle was taken ; the frigate was mastered ; the for- 
tifications occupied. 

How should a new government be instituted ? Town-meetings, before news had 
arrived of the proclamation of William and Mary, were held throughout the Colo- 
ny. Of fifty-four towns, forty, certainly, probably more, voted to re-assume the 
old Charter, llepresentatlves were chosen ; and once more Massachusetts assem- 
bled In General Court. 

The royalists had pretended that " the (Quaker grandees '' of Rhode Island had 
imbibed nothing of Quakerism but its indiilerence to forms, and did not even desire 
a restoration of the Charter. On May-day, their usual Klection-day, the inhabit- 
ants and freemen poured into Newport ; and the whole " democracie " published to 
the world their gratitude " to the good providence of God, which had wonderfully 
supported their predecessors and themselves through more than ordinary dinicultics 
and hardships." — " We take it to be our duty " — thus they continue — " to lav hold 
of our former gracious privileges, in our Charter contained." And by a unanimous 
vote, the ofiicers, whom Andros had dis[)laced, were confirme<l. But AValfer Clarke 
wavered. For nine months there was no acknowledged Chief Magistrate. The 
Assembly, accepting Clarke's disclaimer, elected Ahny. Again excuse was made. 
Did no one dare to assume responsibility ? All eyes were turned to one of the old 
Antlnomian exiles, the more than octogenarian, Henry Bull ; and the fearless Qua- 
ker, true to the light within, employed the last glimmerings of life to restore the 
democratic Charter of Rhode Island. Once more-its free government is organized : 
its seal is renewed ; the s\mbol, an anchor: the luotto, Hon:. 



25G 



RECORDS OF THE COLONY OF RHODE ISLAND, [1G89. 



Tims (lid a popular insurrection, beginning at Boston, extend to the Chesapeake 
and to tlie wihlorness. This New England revolution " made a great noise in the 
world." Its ol)jcct was Protestant Hberty ; and William and Mary, the Protestant 
sovereigns, were proclaimed with rejoicings such as America had never before 
known in its intercourse with England."* 

Siuiimons lo Sir Edmund Andros to Surrender the Government. 

At tlie Town House in Boston, April 18, 1G89. 
Sir : — Ourselves as well as many others, the inhabitants of this town and places 
adjacent, being surprised with the people's sudden taking to arms, in the first mo- 
tion whereof, we were wholly ignorant, are driven by the present exigence and ne- 
c(»ssity to ncipiaint your Excellency, that for the quieting and security of the people 
inhabiting this country, from the imminent dangers they many ways lie open and ex- 
posed unto, and for your own safety; we judge it necessary that you forthwith sur- 
render up and deliver the government and fortifications to be preserved, to be dis- 
posed according to order and direction for the Crown of England, which is sud- 
denly expected may arrive, promising all security from violence to yourself, or any 
other of yourjgentlemen and soldiers in person or estate ; or else wo are assured they 
■will endeavor the taking of the fortifications by storm, if any opposition be made. 
To Sir Ednmnd Andros, Knight. f 

William Stoughton, David Waterhouse, 

Thomas Danlbrth, Adam Winthrop, 

Simon Bradstreet, John Nelson, 

John Richards, AV'ait Winthrop, 

Elisha Codk, Samuel Shrini[)ton, 

Isaac Addington, William Brown, 

John Foster, Bartholomew Giilncy. 

Peter Sergeant, 

Order fur sciuJtnr/ Sir J^dmuud Andros to En(jtand. 

To such as for the time being, take care for preserving the peace and adminis- 
tering the laws of our Colony of the Massachusetts Bay, in New England, in 
America. 

WIIJJAM B. 
Whereas, Sir Ednunid .Vndros, Kn't., late Governor of our dominion of New 
England, has been seized by some people in Boston, and is detained under close 
confinement there, together with Edward Randolph, John Trefrey, and divers oth- 
ers, our subjects ; who have humbly rerpiested us that they may be either set at lib- 
erty, or sent in safe custody into England, to answer before us what mav be objected 
against them; we do hereby will and require, that the said Sir Eilnuuul Andros, 



* r.anci-oft's Hi^t. U. S., vol. H. p. 117. 

I J. Carter IJrown's Manuscripts, Xo. 'J 10, Vol. IV, 



1089.] 



AND PROVIDEXCE PLANTATIONS. SO I 



Eihvanl Hindolpli, John Trcfrcy, and others our siilijccts, that liave been in lilcc 
ntaiiiiiM- .-c'i/.cil liv the s;ii(l people of Boston, and shall be at the receipt oi" lliese our 
conunainb, (Iclaiiicil there under eonfineinent, be forthwith sent on board the first 
ship l)oiinil Iiitlier, to answer before us what may be objected against tliem : and 
that you take care tiiat they be civilly used in their pas;a;;e from New England, 
and safely conveyed to our Royal presence. 

f ;i\-eii at our Court at ^Vhitehall, this 30th day of July, 1CS9, in the first year of 
our reign. By his Majesty's couimaud.* KOTTINGII AM. 

(With the Royal seal.)t 

Call to the people of luiodc J-^Iaud to assume iJicir former government. 

"\^'hcreas, we have seen a printed paper, dated from Ikiston, the 18th of 
April last, winch siguiljeth that Sir Edmund Andros, oui- lat^3 Governor, with sev- 
eral others, are seized and confined, so that many of the free people of this place 
arc l)ent to lay hold of their former privileges : 

>>'eiglil)ors and Friends, we therelbre, cannot omit to recommend unto you, our 
])rc?ent grievaiui', to wit, that we are .^ulUciently informed, that our late govern- 
ment under wliicli v;c were subservient, is now silenced and ccliii.-^ed, we, under a 
.-'jnsc of our deplorable and unsettled condition, do oiler to you, whether it may not 
be expedient for the several towns of this late Colony, the several principal persons 
therein, to nu'.ke their personal appearance at Newport, before the ilay of usual 
Election by Chai'tcr, which will be the 1st day of May next, there to consult and 
agree of some suitable Avay in this present juncture, and whether our ancient privi- 
leges and former methods may not be best to insist upon, M-hich we leave to your 
judicious consideration, and that you may not say, you were ignorant, but had the 
most timeliest notice tluxt could be given at so little warning, is all at present from 
your real friends and noighbors.J "\V. C. 

Newport, this •23d April, ICSO. J. C. 



* Names of t!in=o iaii'i-ison-d v,-itli Sir Ijliimad Ar.dr.)-;. J(i>. Dudley, .Tiil-o I'.ilmcr, 
l\rr. Uuidol[)li. Lt. (y.\. I,y,l-ctt, Lt. Col. Mac-n-ry, C^M't'i Cfoi-r, MmJo;- ];nM-klio!os, 
Jlr. Crahani, Mr. West, Ciipt'n TrenVcy, Jlr. Justice Kiiilivant, Mr. .lustice Fuxcroi't, 
(J;ii>r'i; \\'\\\W, Capt'n UavoncroCt, Kn^isu I'iiiin, Dr. Uoln-rts, Mr. Fav.'well. Jlr. Jonieson, 
]\[r. Kauf, Mr. IJroadlicnt, Mr. James Sherlock, SlieriM", .Mr. Larkin, Ca'it'n Manuiu-:, Lt. 
Jonlaiiie, :Mr. Cuttlcr.— .7. CVz/Vw Br<iii-n's Jlaiuisrripl.-i, A'u. UiVl, fu;. l'. 

t Mks. iii>t. Coll., Vol. VII., 1.. r.a. 

t Tlij paper from wlilcli Ilie fore-oin.^' copy is mail-', wa> rcccivcil at Providence from 
Newport ; it appears to be the orif,nnal, and is in tlic hand writin.:,'' of V.'alter Cliuke. The 
letter itself is very caiitionsly drawn, and there is no notice of its reception upon the town 

Darin- the existence of Gov. Andros's administration, little transi.ircd in the concerns 
of Providence, that eaiunow )^c gathered from the records. Tluae ajijiear to have been 
elections of some town oOicers in ics; and S, but none in hW.— Staph s's Annals of Tivri- 
diHi-c, I). 170. 

VOL. IlL 21 



258 RECORDS OF THE COLON!' OF RHODE ISLAND, [1G80. 

Pciillon from the Governor and Council of Bliodc Island, to their 
Majesties William and Mary, of England. 

Vicni dread Sovereign : We yonr Majesties' most humble subjects and supplicants 
of your Collony of Rliode Island and rrovidencc Plantations, in New England, 
having received the joyful tidings of both your M:\jesties' safe arrival in England, 
after your your so great and hazardous undertaking, for the good of the nation, to 
relieve them from Popery and arbitrary power; as also concerning your accessions 
to tiie Crown. 

The Governor of this your ^Majesties' Collony, by the advice of his Councill, gave 
order for the proclaiming both your JLajestics in each respective town in this your 
Collony ; which accordingly was done in most solemn manner, witii all alacrity, be- 
seeching the God of heaven to continue your Majesties with a long and jirosperons 
reign, not at all doubting but your Majesties will take care of all yonr subjects in 
this your dominion of New England, as opportunity shall jjrcsent, that they may be 
not only freed from arbitrary power, but also may enjoy their lands and other an- 
cient rights and privileges; and therefore we humbly petition your iMost Excellent 
Majesties' grace and favor towards us your most humble subjects and supplicants, 
that you would please, being Pater Patrio nostro, to extend your fatherly care in the 
granting a confirmation to our Charter, which although it was submitted to his late 
Majesty, nevertheless it was not condemned nor taken i'rom us ; and therefore since 
the late Revolution, concerning Sir Edmund Andros, his being deposed from the 
government, we your Majesties' subjects, being destitute of government, saw cause 
under grace and favor, to re-assume the government according to our Charter, the 
1st of May last past, being the Election day a])pointed by our said Charter, in 
which Assembly it was ordered, that the former Governor, Deputy Governor, and 
Assistants that were in place in the year of our Lord 1G8G, before the coming over 
of Sir Edmund Andros, our late Governor, should be established in their respective 
places for the year ensuing, or further order from England ; since which time Sir 
Edmund Andros made his escape from his confinement in your Majesties' Collony 
of the Massachusetts, unto Rhode Island, where he was speedily seized and secured 
until the Governor and Council of the Massachusetts Collony demanded him, by 
Commissioners sent for that purpose. And accordingly we, the Deputy Governor, 
and some of the Assistants, gave special order for his return, taking care tliat all 
moderation should be used in the conveyance of him ; and we humbly conceive it 
hath been a great ])rovidcncc of God, in this Revolution, to prevent New England 
from partaking in Ireland's miseries. 

I^Iay it please your Excellent Majesties, your transcendent love and favor ex- 
tended towards us, hath so radicated itself in our liearts never to be forgotten, that 
it obliges us to oiler up ourselves, lives and fortunes to be at your Majesties' service 
beyond the power of any command. And we bog the God of Heaven to give both 
your Majesties a long and prosperous reign over us, and we humbly desire that your 
Majesties will be pleased to cause us to be enrolled aniong-st your loving subjects. 

Dated at Ncwjwrt, on Rhode Island, your ^lajcsty's Collony of Rhode Island, 



1690.] 



AND PROVIDENCE PLANTATIONS. 259 



and Providence Tlantations, in New England, January the 30tli, 1G89-90. Sub- 
scribed by UJ-, your loyal subjects, and most humble supnlicants.* 

JOHN COGGESIiALL, Deputy Governor, 

JOHN EASTON, Assistant, 

EDWARD THURSTON, " 

JOHN GREENE, 

GEORGE LAWTON, " 

JOSEPH JENCKS, 

BENJAMIN SMITH, 



Proceedings of ihe CcneraU Assembly held for the Collomj of 
Rhode hland and Providence Plantations at Ncivjoort, the 2(jth 
daij of FeJjruar/j, 1089-90. 

IMajor John Coggeshall; Deput}' Governor. 

ASSISTANTS. 

]Mr. John Easton, Mr. George Lawton, 

Mr. Edward Thurston, Major John Greene, 

jMr. Joseph Jencks, Mr. Benjamin Smith, 

RECORDER. GENERAL SERGEANT. 

LIr. Weston Chirke. :Mr. Thomas Frye. 



* An abstrrxct of .i letter from I^Ir. Francis Brinlcy, Merchant, dated the 22d Fcbrurary, 
1689-90, to liis son, Mr. Tlios. Brinley, Merchant, in London. 

At New York, Jacob Licsler rules at his will and pleasure, puts in prison whom he 
pleases, and there keeps them ; wc arc licro in great confusion. John Coggesliall styles him- 
self Deputy Governor, and John Greene, of Wanvick, calls himself Assistant (both being 
of the Governor's Councill), intend next week to call a Generall Assembly, and to rule by 
the sword. It is high time his Majesry would settle a government over New England. 
\Ve can never govern ourselves with justice nor impartiality, unless there be a good gov- 
ernment establishctl here, as in the other Plantations. I must remove. 

27tli Do.— This day our Deputy Governor and Assistant within mentioned, with their As- 
.=cmbly sat, and because Walter Clarke (their Governor) refused to act, they chose another 
Governor, which was Chr. Almy : who refusing, they chose Henry Bull, who accepts and 
serves. Three days since, we licaid that a town above Albany was cut ofT by tlie French 
and Indians, where seventy persons wore killed ; the rest carried captives. — J. Carter 
Broicn's Manuscripts, Vol. F. lYo. 2GS. 



2G0 KECUUDS OF THE COLONT OF RHODE ISLAND, [IGOO. 

DEPUTIES. 

^Ir. Jainos lj;irkcr, Mr. James Greene, 

iMi-. Benedict iVrnuld, Mr. Peter (oeeiie, 

ISlv. Juhu ^Voed, jNIr. John AVanier, 

m. Henry Bull, Mr. Israel Arnold, 

Mr. Jonathan Kolnies, Capt'n Clement Weaver, 
Mr. Edward Thurston, Jun'r, j\Ir. Thomas Xiehols, 

Mv. Cln-istopher Almy, i\Ir. John klaxon, 

Mr. Latham Chirke. ]\Ir. Joseph Clarice. 
Mv. lehabud Shellield, 

Mr. John Easton chosen Moderator of the Assendjly. 

]\Iajor John Greene, chosen Clerk of the iVssembly. 

Ordered by the Assembly, That ^Ir. James Greene, 2\Ir. 
Benedict Arnold, and ]\Ir. Edward Thurston, Jun'r, are nomi- 
nated and appointed to go to Mr. Walter Clarke, Governor, and 
to Mr. AValter Newbury, Assistant, and desire tlieni to come to 
the Court to-morrow, by eight of the clock, wliich vrill l)e the 
27th instant, at V/illiam Make's house ; or else give in tlieir 
positive answer, whether they will serve in their respective 
})hu'es or no. 

The Assembly is adjourned till tu-morrow, eight of the clock 
in the morning. 

Fclrnarij Titli. 

]Mr. Walter Clarke, and. IMr. Walter Xewliuvy. Iiaving made 
their appearance, read a paper, wherein it evidently a})pears 
they disclaim the government, as also througli their neglect in 
disappearing at the last Assembly uppointiMl by the ratent, 
and called by virtue of a warrant, subscribed Walter Clarke, 
Governor, to l)e held the last AVedncsday in Octol)er List past, 
the said Court failed, the Assistants of tlie main 1 icing pre- 
vented by stormy weather, from a]>pearing tliat ilny. 

Therefore, for the preventing such inconvenien:-' for Iho fu- 
ture, it is enacted l)y t!iis Assembly. ui):;niniou~l v. to oroci'ed 
to election of a Govern.or ;md A->-i-t-n)i -. iu Ih'^ r-'Ui o," IIk.v;.^ 
t'nat re (use to serve. 



1600.] AND raOYTDENCE TLANTATIOXS. 2G1 

The Governor elected, was Mr. Christopher Almy, who being 
rcf[uiro(], relnsed to serve in the pLice of a Governor ; giving 
sat i.sCactory reasons to the Assembly ; whereupon tlie Assem- 
bly w(3iit to election of another, and chose Mr. Henry Bull, 
Governor, and elected Mr. Benedict Arnold, Assistant, in tlio 
room of Walter Newbury; and ^Ir. John Coggeshal], A>sist;nit, 
being sent for, appeared, and refused to serve. Vv'lierenpon 
the Court proceeded to election of an Assistant in his room, 
and chose JMr. Christopher Almy, Assistant. vVnd then proceed- 
ed to engage the Governor, Deputy Governor ; and all the afore- 
said Assistants, vrho accordingly received the same ; as also 
elected a Generall Treasurer, viz.: ^Ir. John llulmcs, who was 
also engaged. 

Unlerod, That Air. Joseph Jencks, Assistant. Mr. Benedict 
Arnold. Assistant. !Mr. Christoplier Almy, Assistant, Mr. James 
Greene, ViV. Jonatlian Holmes, and }dr. Josi'|ih Ch'.rke, Depu- 
ties, the Generall Becorder, the Genera.ll Sergeant, and his 
Deputy, ai'e by this Assembly appointed and empowered to 
go to tlie late Governor, Walter Clarke, Es(|uire, and demand 
and receive the Charter, and all other papers and things in his 
custody, belonging to this Collony, and in ijehalf of this As- 
sembly to give a discharge for what they receive, and return 
the premises unto this Assemld}'. 

The return of the Committee is, that V\^allcr Clarke, above- 
said, refusoth to deliver the Charter and writing>. but decl.'Mvd 
tliat it was in a chest, and lie would give le;ive to take it. 
AVIioroupon the Committee v.-erc ordoi'oil jnid empowereil to 
take it accoi'dip.gly : but llieir return was, that he refused to 
lot the Charter go unless the Conmiiltee would forcil)ly open 
the chest and take it. 

This Assembly taking into serious consideration the trouble 
that tiiis Collony is put unto for want of elfccls to carry on 
t!i" government, and to maintain their ^Majesties' interest 
a'jainst a foreign enemy, which is nuudi to be i'eared in this 
jimctiu'e ; :in(l undtn'standing b.yihe IbriiKM- Tiv.-isnrca'. Afr. John 
Woodman, that (h!M'(> is a C'lnsiderable sum of M-iiey. In tiie 
sum of abiuit thirty pounds in money or upwards, in the custo- 



262 RECORDS OF THE COLONY OF RHODE ISLAND, [1G90. 

dy of ]\I;ijor Roger IloldeiiJ; as also about tlircc luindrcd 
weiglit of wool, &c. Tlicrororo, for the perfecting of the Col- 
lony's house in Newport, for which end said moneys were 
raised, as also for any other concerns that are for the mainten- 
ance of their Majesties' government, we nominate, appoint and 
empower ]\Ir. p]dward Thurston, Assistant, jNIr. Joseph Jencks, 
Assistant, Islv. Jonathan Holmes, JNIr. James Greene, and Capt'n 
Clement Weaver, to go to ]M;ijor Roger lloldeifs and demand 
and receive the said moneys, and wool, and give receipt ; and 
upon refusal of delivery, they may take it hy distraint, giving 
a receipt for what they take. 

This 1st of March, 1GS9-90. JOHN GREENE, 

Clei'k of tlie Assembly. 

The return of the Committee is according to the receipt giv- 
en, as followcth, viz. : 

Newport, on Rhode Island, March the 1st, 1089-90. 
By virtue of an order, given l)y the Generall Assembly, we 
whose names are under-written, have tidccu thirty-tAvo pounds, 
eight shillings and eight pence, out of ]yIajor Ilolden's custody, 
being left there by John Woodman, CJoneral Treasurer, for the 
Collony's use, as witness our hands, the day and year above- 
M'rittcn. This money is hy tale, weight not known. 

EDWARD THURSTON, Assistant, 

JOSEPH JENCKS, 

JONATHAN H0L:^IES, 

JAI\IES GREENE, 

CLEMENT WEAVER. 

And accordingly the said Committee have tendered and de- 
livered the said monev, viz. : thirty-two i^ounds, ciirht shillinirs 
and eight pence, to this Assembly ; and therefore are dis- 
charged thereof by this Assembly. 

Ordered, That the Deputy Governor, ]\Iajor John Cogges- 
hall, and Mr. Benedict Arnold, A''?sistant, are appointed to tell 
and weigh the said monc}^, and count it witli the Treasurer 
jMr. John Ilulmes, and deliver it unto him ; he giving a receipt 



1690.] AND PROVIDENCE PLANTATIONS. 2G3 

to tills Gcncrall Assembly for what lie receives, for the Collo- 
ny's use. 

A^uted, to adjourn this Assembly until ^Monday next, eight of 
the clock, in the morning. 

March the od. 

The Assscmbly met accordingly. 

Ordered, That whereas, this Assembly having had a letter 
presented to them by Capt'n Arthur Fenner, subscribed by 
Benjamin Church, signifying that Capt'n Andrew Edmunds 
had done very good service in the late I'^astern wars, and re- 
ceived twelve })ounds ; being but two-thirds of a Captain's pay. 
And forasmuch as he belonged to this Collony, for his encour- 
agement for future service, this Assembly doe order, that the 
said Capt'n Andrew Edmunds be paid six: pounds by the Q\q\\.- 
crall Treasurer, out of the monies that can be raised out of the 
first levy. 

^Ir. Henry Bull, Jnn'r, Mr. John Watson, ^h. James Rey- 
nolds, and ]Mr. Henry Tibbitts, arc chosen Conservators of the 
Peace for Kingstown ; and it is ordered, that Major John 
Greene, Assistant, and Mr. Benjamin Smith, Assistant, do spee- 
dily send for the said Conservators, to meet them at such 
place as they shall appoint, to tender and receive their engage- 
ments to their respective places, in the Covernor's liehalf. 

jMr. Nicholas Carr is chosen Deputy AV'arden, for Conanicut, 
Jamestown. 

]**Ir. Joseph Clarke is chosen Conservator for Westerly, 
and engaged. 

The Deputy Governor, ^Jajor John Coggeshall, ]^Ir. Benedict 
Arnold, and the Treasurer, Ensign John Hnlmes, l)eing re- 
turned, they declare that there is delivered twent}'-seven 
pounds, twelve shillings and ten pence, to Ensign John 
Hnlmes, Treasurer, for the Collony's use, and he in Court h;itli 
owned the receipt thereof, accordingly. 

It is ordered by this Assembly, ]^Iajor John Coggeshall, Ma- 
jor John Greene, and Mr. Christopher'Alniy, arc appointed a 
Committee to draw up a letter in answer to the gentlemen of 



204 pjx'ORDs OF Tin-: colony of riiode lslaxd, [IGOO. 

]);)>t!!n. roLitini:- Im tlio wars at tlic Eastward, and })rcscnt it to 
the Assemi.iy.' 

Tho said Coininittoc ]jciii2,- rctiiniod, liavo 1)roii;':]it in a let- 
ter, Avliic'Ii l)eiii_L:,' read, w;is approved on, avid orduired to 1)0 
tr;;nsrril)ed l)y (he Clerl: of tins Assciuhly, and si^ii,'ne(l in their 
liehalfe. 

Ordered. Tliat the seal hroiiglit in hy Mr. Arnold CVdlins, 
heini^- tlio Anchnr. witli the niutte "'• Hope," is ap[)ointed to he 
the Seal of tlie Cr)llony, he having heen employed hy this As- 
se'iiihly tn ni:i!>;e it. 

Ordered. That tlie said Collnny's Seal he in tiie CJovenior's 
custody, lor the Collony's nse. 

Ordered, Forasmuch as there is ,u:re;it cause of suspicion of 
an invasion hy a foreign enemy, and assault l)y Indians, that 
tiierefore a militarj' watch and vrard be forthwith ap[)ointcd in 
each respective town in tlie Collony. 

And it is ordered. That if an}' persons refuse or neglect, the 
party or parties deficient, sludl pay one shilling, sixpence per 
i'.i":lit. and ime sliilling, sixpence per da}', fir defect within 
three days a Her such neglect, or else it sliall ])e taken l)y dis- 
traint, witli Siitisfiction for distraining, as in other cases of like 
nature. 

(Ordered. Tlia.t tlie King's rroclamntion for war, he forthvrith 
purdisiUMl ])y l)eat of drum, by tlie Clerk of this Assembly in 
sidomn manner. l)eing against the French ; and is accordingly 
l)roclaim(;d liy beat of drum. 

Ordered. That the I'rcnciimen th.at reside a.t Narragansett, 
be sent for ])y ^lajor Jolni Greene, to wliat ]>lace in AVarwick 
ho shall appoint, to signify unto them the King's pleasure in 
Ids Frochnnation of war. and his indrdgence io susdi hh'onchmen 
as behave themselves well, and re'juive tlieir engageament 
thereunt(\ 

Ordered, That a duplicate of tlie Address sent to their ^Maj- 
oslies by tb.o Deputy Governor ;ind Conncill, be transcribed 
and seu-t to tlieir ).Iajesties, from this Assembly, and sul;scribed 
])y the Clerk of this Assemldy, in 'their behalf 

Ordered, That TNlr. AVe-^ton Clarke, Ivccorder. draw firth and 



1090.] AND PUOVIDE-XCE PLANTATIONS. 2G5 

fi>i tli(3 Seal of the Cullony to the respective coniniissions of the 
.Alajor.s and all coiuniissioned olliecrs throughout the Colloii}', 
and shall be paid three shillings for each cumniission, out of the 
Cienci-all Treasury. 

Ordered, That Major John Greene, Clerk uf this Assembly 
fur writing two Addresses to their Majesties, and a letter to 
the Governor of ])Oston, and attending and writing the origi- 
nal copy of the Acts of this Court, be forthwith paid out of the 
Treasury, by Ensign John llulmes, Treasurer, twenty shil- 
jngs; and that the Clerk do with all expedition he can, send 
copies to each respective town, and shall have ten shillings a 
tovrn, of each town of this Collony, the seal a,!lixed. 

Ordered, That the Acts of this Court be forthwith pro- 
claimed by beat of drum, and so to return to the house again, 
the Seal being fixed. 

Tlie Court is dissolved. 

By the Assend)ly, JOIIX GKFJ-kXR Clerk. 

A true copy, com])ared with the original, with the Collony 
Seal ailixed. ' As attest, JOHN GREENE, Clerk. 

To the Honored Governor, Deputy Governor and Assistants, 
being the Generall Councill assembled at Newport, March 
:]d day, 1689-00. 

Tiie lunnble petition of Phillip Carr. widow, and Ivxecutrix 
<»{' Caleb Carr, of Jamestown, late det'cascd. humblv sheweth : 
Thai there b<eing no Town Councill in the tuwu of Jamestown, 
rannot therefore have my husband's will proved, and letters of 
administration giveri, without making application to your 
Honors. And therefore do humblv petition you that you will 
be pleased to give order to the Ilecorder to perfect the matter. 
And what is necessary to be done on my }»art, [ shall be ready 
to perform ; and \'our petioner sliall pray f u" your prosperity. 
:; " ^ PIliLLIP CARIL 

] Ordered, That the said Will having been proved in the Coun- 

cill, that the Pvccorder do take the said -Will and Inventory, and 
place them to record in the General Councill Pook, for the rea- 

VOL. IIF. -2 



266 RECORDS OF THE COLONY OF RHODE ISLAND, [1690. 

sons before [stated], and grant letters of administration unto 
the said Phillip Carr, as Executrix. 

By order of the Governor and Councill. 

JOim GREENE, Clerk. 

Declaration of the Colon?/ of JRhodc Idand. 

We, the Assembly of freemen of the Colony of Rhode Island and Providence 
Plantations, in New England, being assembled this first day of May, 1G89, do with 
all due and humble submission make our humble address to the present supreme power 
of England, deelaring that the late government of the dominion of New England, 
whereof Sir Edmund Andros was Governor in Chief, as we are eertainly informed, 
is now sileneed by reason his person as well as some of his Couneill are seized and 
confined within the limits of Boston, in New England, for what cause best known 
to themselves. By which overture, we, tlie freemen albresaid, were void of govern- 
ment, the consequence whereof appearing dangerous, we have thought it most safe 
for the keeping of the peace of our Colony to lay hold of our Ciiarter privileges, 
establishing our officers according to their former station, hoping and not question- 
ing but through grace and favor, our said Charter according to the extent of it may 
be confirmed unto us, we being a small Colony, distinct from the other Colonies, which 
our predecessors through much dilliculty procured, having been a poor distressed 
and persecuted people, as can largely be demonstrated, if need require. Further, 
we humbly pray, if any ill afl'ected person should endeavor to suggest any complaint 
against us, it may be so favorably constructed and suspended, so that we may make 
our defence. Tiius humbly prostrating ourselves at your feet, humbly praying, 
that forasmuch as we are not only ignorant of what titles should be given in this 
overture, but also not so rhetorical as becomes such personages. Therefore, we 
humbly beg pardon, and remain your humble supplicants and servants. 

Signed in behalf of the Assembly, abovesaid. AVALTER CLARKE, 

JOHN GREENE, 
WALTER NEWBURY. 

From Newport, on Rhode Island, in the Colony of Rhode Island and Providence 
Plantations, in New England, the 1st of May, 1G89.* 



J. Ciutcr Brown's :*[:uuiscripts, No. M, Vol. HI. 



1C90.] AND PROVIDENCE PLANTATIONS. 267 



Pmcccdings of Ihc Gmcrall Asi<ciuhli/ held for the Collomj of 
Ixhode Island and Providence Plantations at Newimi, the Isi 
of Ma>/, 1G90. 

]Mi-. Jolui Easton, chosen jNIoderator. 

John Greene, chosen Clerk of the Assemblv. 

The Charter being sent for from our hite Governor, Walter 
Clarke, was produced b}^ gentlemen appointed, to the open 
view of the Assembly, and as carefully returned to his custody 
again. 

Voted, It is ordered by a unanimous vote of the Assembly, 
that 'Mv. Joseph Jcncks, Mr. Benedict Arnold, Mr. Ihale Law- 
tun, Mr. James (ireenc, are appointed a Committee to go to 
Mr. Thomas Ward, and demand and receive all the Records be- 
longing to this Collonj^ of Rhode Island and Providence Plan- 
tations, and upon receipt thereof, to give him a discharge for 
what they receive. 

They being returned, do declare, that they have demanded 
the said Records, and Mr. Thomas Ward refuseth to deliver 
them without they be taken out of his hand by distraint. 

A'oted, It is ordered by a unanimous vote of the Assembly, 
nemino contradiceute, that our former Governor, Walter Clarke, 
our former Deputy Governor, and all the former Assistants of 
this Collony that were in place in the year of our Lord 1686, 
at the coming over of 8ir Edmund Andros, our late Governor, 
that the said Governor, Deputy Governor and Assistants, are 
confirmed and established in their respective places for the 
year ensuing, or further order from England. 

Voted, That a Recorder and Sergeant be elected ; our form- 
er Recorder being deceased. 

]\Ir. Weston Clarke, chosen Recorder. 

Mr. Thonnis Fry, chosen Generall Sergeant. 

Vntiul. It is ordered, that all other officers of this Collony, 
both civil and military, throughout the respective towns, Is- 



268 RECORDS OF THE COLONY OF RHODE ISLAND, [1G90. 

lands or places, are established and confirnied in their respec- 
tive places, ^vhich tliey were invested in, in tlic year 1G8G, as 
aforesaid, nutil the Collony, towns or places at tlieir inrnier ap- 
pointed times for election, choose others. And tliat all the 
present Constahlcs are established in their respective })hices 
until others be chosen, as albresaitl, and en<>-;)i'(.Ml accordinii; to 
onr former metliod. 

A'oted, It is ordered that all fonner acts and ordei's wliich 
were our former method, concerning matters civil or military, 
are hereby revised, ratified and estal)lished, that we m;iy not 
only be in a ca[)acity for administration of justice, but also for 
defence from any intestine commotion or Ibreign invasion. 

Voted, That the Conrt of Election is diss.dvcd. 

A true copy, compared with the original, as attest, 

JOHN GllEENE, 

Clerk of the Assenddy. 

Dedaralion on the remmplion of the CJiaricr. 

We, the inhabitants and freemen of Ilhode Island nnd Provi- 
dence Plantations and King's Province, assendjled at Newport, 
this 1st of May, Anno Domini IGOO. 

Do declare, that through the good providence of God, onr 
predecessors and ourselves, have been preserved and wonderful- 
ly supported through more than ordinary difficulties and hard- 
ships for fifty years and upwards, in which time, although 
there were many revolutions and changes in our native land, 
yet we wci-e so assisted by the good providence, aforesaid, that 
we, l)y humbly addressing ourselves to the supreme power of 
England, obtained such favor that we had that granted by let- 
ters patents, by which we carried on our government to the 
general satisfaction of said inhabitants and freemen, uidil of 
late through the evil disposition of some disaiTected persons, to 
our well being, whose restless suits occasioned writs of (pio 
warranto to be served upon us, by wliich we wcio conniiMHibMl 
to make our apjicarance in Euglan<T, to show by whnt antlioiity 
we held our government and privileizes. And lieinn- under th<3 



IGOO.] AND PIIOVIDEXCE TLANTATIONS. 2G9 

said arrest, there appeared a necessity to conver.e an Asseiii- 
l)ly to consult about that alTair, which ^vas ot" weighty coiicern? 
and upon the serious consideration of the matter, found a dis- 
al)ility to defray so great a cliarge as the standiug suit might 
amount unto ; as also being credibly informed that sevei'al oth- 
er Corporations and Collouys were uudcr condemnatiou, wo 
thought it better to submit ourselves by an humble address to 
his ^lajesty, praying that he Avould be graciously pleased, not- 
Avithstauding our submission, to grant the contiuuance of our 
privileges in statu quo prius, which he was pleased to do in 
great measure, as can more plainly a})pear. I'ut it was so ordered 
that when Sir Edmund Andros came over Governor, we were 
included in his Government, to which we peaceably submitted, 
and have partook and sulTcred with others sevend hard and se- 
vere impositions, which his Majesty intended not to be imp(!sed 
on us ; as his gracious letter, bearing date Ironi AVhitehall. 
March the 11th, 16SG-7, makes to appear. 

But forasmuch as we understand that our late Governor, Sir 
Eihnund Andros, is seized and confined AvitJi otliers of his 
Councill, as appears by a paper printed by Samuel Greene, 
which late authority being silenced and deposed, we can do no 
less but to declare that we take it to be our duty to lay liold of 
our former gracious privileges in our Charter contained, and so 
to continue tlie government, always viddiug olii'dicMnc to the 
Crown of England, and manifesting our ;dlegi;ince thereunto. 



Frocecdinr/s of ilic Gcncrall A^^cuihjji held for IJic Colhu// of 
llliodc Island and Provideucc Pl(inl(dions (d Xc/'^jiort, ihc 
Wiof Ma>j, IGOO. 

Air. Henry Bull, "Governor. 

^Lijor John Coggoshall, Depute Governor. 

A SS I. sT\ NTS. 

Mr. John Jvaston. Mr. Beneilict Arnold., 



270 RECORDS OF THE COLONY OF RHODE ISLAND, [1G90. 

ASSISTANTS, 

]Mr. Edward Thurston, J\lr. George Lawton, 

Capt'ii Arthur Founer, Mr. Christophor Ahny, 

^Ir. Josopli Junrks, Major John (Jrceue. 

Mr. Pvichard Arnold, Mr. Benjamin Smith. 

DEPUTIES. 

For KcwpovL For WanricJc. 

Mr. James Barl^er, Mr. Benjamin Barton, 

^l\\ Jonathan Holmes, Mr. Samuel Stal'lbrd. 

.Air. Phillip Smith, Air. Bo-or IJurlin-ham, 

jNIr. Caleb Carr, Mr. Moses Lippitt. 
]Mr. John Tillingliast, For Wcslcrbj. 

^Ir. John Wood. Air. Tobias Sanders, 

For Providence. Mr. William Champlin. 
]Mr. Stephen Arnold, For Kiurjs Town. 

Mr. Pardon Tillinghast, Mr. Thomas Gould, 

Lieut. John Dexter, jNIr. John Watson. 
JNlr. Giddian Cro(t;)rd. For Xc>n ^Iturchan. 

For Portsmoulh. Capt'n John Sa.nds. 
Mr. George Sisson, For F(i4 Greenwich. 

Mr. Giddian Freeborn, Mr. Giles Peai-ce, 

Mr. Henry Brightman, Lieut. Samuel Bennett. 
jJr. Bobert Lawton. 

The Governor, 'Mv. Henry Bull, chosen Moderator of the 
Assembly. 

Weston Clarke, chosen Clerk of the Assemljly. 

A'oted, Mr. Giddian Crofibrd, John Thurston, Nathaniel 
Jencks, Thomas Fry, Jun'r, John Spencer, John Nichols, John 
Wood, Pasco Whittford, Micall Spencer, William Bennett, Cle- 
ment Weaver, Jun'r, Bichard Dunn, Jun'r. L.nvrence Turner. Jr., 
Mr. Stephen Arnold. Jun'r, John Hull, admitted freemen of the 
Collony. 

The Asscnd)lv dissolved. 



1G90.] 



AND rROVIDENCE PLANTATIONS. 



271 



yl/ Uic GcncraU Asscmhl// and Election held at lU'vport, at the 
homo of William 3Ia>/cs, the 1th day of May, IG'JO. 

The Assembly consisting of the Magistnitcs and Deputies 
above named. 

]Mr. lleniy Bull, Governor, chosen ]Moderator of the 
Assembly. 

Weston Clarke, chosen Clerk of the Assemljly. 

Voted, That the copy of the Charter, be openly I'ead. 

Voted, That the Recorder write the names of all those that 
vote for Governor. 

Voted, That Mr. John Tillinghast, and Air. llcnry Ihight- 
man, shall receive the votes from each man's hand, and see that 
there be no deceit used and put them in the hat. 

Voted, That the De})uty Governor and Mr. Benedict Arnold, 
Assistant, are to open the proxies as the Election proceeds, 
and put them into the hat. 

Mr. Henry Bull chosen Governor, who positively refused to 
serve. Vly. John Coggeshall was chosen, who also positively 
refused to engage. 

By the Election was chosen the following, who were sever- 
ally eniraiied. 



GOVERNOR. 

]Mr. John Easton, 

DEPUTV COVERNOR. 

]Major John Greene. 

ASSISTANTS. 

^Ir. Edward Thurston, 
INIr. Benedict Arnold, 
i\lr. Joseph Jencks, 
Mr. Stephen Arnold, 
Lieut. John Dexter. 
Mr. Caleb Carr, 
I^Ir. John Coggeshall, 



Mr. George Lawton, 
Mr. Isaac Lawton, 
Mr. Benjamin Smith, 

RECORDER. 

Weston Clarke. 

GENERAL SERGEANT. 

Thomas P'ry. 

GENERAL TREASURER. 

John Ilulmes. 

GENERAL ATTORN EV. 

John Pocock. 



272 RECORDS OF THE COLONY OF RHODE FLAND, [1690. 

MA.Ioll FOR Tin; ISLAND. MAJOR Full THE MAIN. 

]Miiji)r Itogor Goulding. M:ijor Juliii Greene. 

Voted, Mr. Joscpli Jenck-s, A.ssistaiit, Mr. Benedict Arnold, 
Assistant, Mr. Benjamin Smith, Assi.stant, Mr. James l)arker, 
]Mr. Jonathan Ilohiios, witli the Recorder, are by the As.seniblv 
appointed to go to Mr. Walter Clarke, former Governor of this 
Collony. and IVom him receive the Charter, and other papers, 
and things belonging to this Collony, and in tlie Ijohali' of tlie 
Assembly, to give him a fnll discharge for what tliey receive. 

A'oteil, Ordered by the Assembly, that the Charter and other 
writing, ivceivod of Mi-. Walter Clarke, foi'mer Governor, was 
delivered to the Assembly l»y tlie persons appointed to receive 
tliem, and have given a receipt for the same; and that the 
Charter and papers be put in the Governor's keeping for the 
Collony, according to former custom. 

A'oted, Ordered, that jNtr. Edward Thurston. Jun'r, and Mr. 
Jolni Tillingliast, being appointed to receive the duplicate of 
tlie Charter, of the De[)uty Governor, Mr. John Coggeshall, and 
leturn the same to the Assembly, have accordingly done and 
given a roceiiit for the same, it was in the Assembly delivered 
to the Deputy Governor, Major John Greene, to be kept Ibr 
the use of the Collony. 

Voted. AVhereas the late Governor, Mr. Henry Bull, was ])y 
this Assembly chosen Moderator in their first sitting, and he 
neglecting to sit in llie Assendily, the present Governor, Mi-. 
John Easton, is Ijy the Assemljly appointed Moderator. 

Iveceivcd in tiio .Vssembly, of the late Governor, Mr. IFenrv 
Bull, the Seal of the Collony; a letter from tlie (ioverma- and 
Councill of Boston ; two letters from the Lieutenant Governor 
of Xew York ; a copy of a letter sent to the Governor and 
Councill of Boston ; a copy of a letter sent to Governor Liesler, 
to Is^ew York -, a copy of a letter sent to Major Walley ; all 
which, with tlio Seal of the Collony, was delivered to the keep- 
ing of the Governor, Mr. John Easton. 

Voted, The Committee that were sent forth conceirdng an 
answer to the Governor of New Yoi'k's propositions about as- 



1G90.] AND PROV[DEXCE PLAXTATIONS. 273 

si.stiineo, with tlie respective Cullonies, against the French and 
Indian enemies, is that this Collony being small, and the port 
of Xewpurt being the principal port, but weakly fitted to op- 
pose an enenn', therefore it is concluded upon, that necessity 
requires, for the preserving of their Majesties' interest hero, 
that Ave ea)uiot assist by men, but nevertheless we arc willing 
to assist by raising money according to reasonable proportion. 

A^oted, Ordered by this Assembly, that there be a rate levied 
and raised in this ColkMW of three hundred pounds for the sup- 
port of their Majesties' interest against the French and Indian 
enemies, and not to be disposed of for any other use, but by a 
Genera 11 Assembly's order. 

The several towns to be taxed as followcth, and to be l)ayd 
unto the Generall Treasurer of this Collony, by the 20th day 
of July next ; and to be gathered by the Constables of each 
town according to an Act of a Generall Assembly made in 
Newport, the 7th day of May, 10 84. 

The town of Newport, eighty pounds ; the town of Provi- 
dence, forty pounds ; the town of Portsmouth, sixtj^ pounds ; 
the town of Warwick, thirty pounds ; the town of Westerly, 
fifteen pounds ; Jamestown, eighteen pounds, ten shillings ; 
New Shoreham, seventeen pounds and ten shillings ; Kings 
Town, twenty-seven pounds ; Greenwich, twelve pounds. 

The pay and }triccs to be })aid in is, wool, at seven and a half 
pence per pound ; butter, at four pence per pound ; Indian 
corn, at two sliillings per bushel; rye, at two shillings, three 
})ence per bushel; pork, at one ])ound, eighteen shillings 
])er barrel. 

A'oted, Ordered by this Assenil)l}', that the Treasurer, Mr. 
John Holmes, and Mr. Caleb Carr, are appointed to agree with 
a carpenter or carpenters, to finish the Town House forthwith, 
and to provide boards and nails, and to pay for the finishing 
the said House out of the money and wool now in the Treasu- 
rer's hands, taken out of the custody of Mr. John Woodman, 
kite Treasurer. 

A'otcd, Ordered that the Treasurer, John Holmes, his receipt 
to Iiobert Little, for two hundred and sixty-nine pounds of 

vol.. III. 23 



274 



RECORDS OF TtfE COLONY OF RHODE ISLAND, [1C90. 



sliee[)'s Avon], tiiken out of the custody of Julni Woucliniiu, l;ite 
Treasurei', l)o put on rcconl. 

Voted, OnloRMl, that eii^-lit pounds sliall lie kept in tlie Trea- 
surer's hands of tliat money received of tlic hitc Treasurer, Jolni 
AVoodniiui, to defray the cliarge of killing of Avolves, in Sir 
Ednnmd Andros, his time, for the townsmen of Providence, to 
Avliom it doth belong. 

A'oted, Ordered, that whereas the Assemhly liath been made 
sensible of the great charge the Magistrates of this Collony 
are at in tending the Court, and lying at their own charge, and 
no allowance from the Collony, the .Vssembly do ordoi-. that the 
(governor. Deputy Governor, and Assistants of ihis CoUony, 
shall for the future pay no Collony rates. 

Ordered, That the Clerk of this Assembly shall have ten 
shillings from each town for the copies of the Assembly's Acts, 
■with the seal of the Collony. 

The Assend)ly dissolved. 

' Copy, per WP:STOX Cl.ARICE, Pvecorder. 



Procecclinr/^ of ihr GcncraU Asscinhh/ JivhJ far (he Collim// of 
PJtodc Jsldiid and Provklcncc Plaufidious ui ForUmovih, the 
IWi dtuj of Scpfcniber, 1690. Caiicd h'j the Governors war- 
rant on special occasion, for their Majesties'' sercicc. 

Mr. John Easton. Governor. 

Major Jolui Greene, Deputy Governor. 

ASSISTANTS. 

Mr. Edward Thurston. Mr. Josejdi Jencks, 

Mr. Caleb Carr, Mr. John Coggeshalk 

^Ir. Benedict Arnold, ^Ir. Isaac Lawton, 

]Mr. Edward Thurston, Juu'r, Mr. pLMijamin Smitii. 
Mr. Stephen Arnold, 



1G90.] AND rROVlDKXCE TLAXTATIOXS. 1^75 

PEPUTIES. 

For Neinport. For Poriwioulh. 

T^Ir. James Barker, jMr. George Sisson. 
Mr. Phillip Smith, For Fad Grecnvnch 

]\Ir. Jonathan Holmes, ■NFr. Thomas Nicolls. 

Mr. John Wood. ^Mr. Thomas \h^. 

For Frovidcncc. 
]Mr. Gideon Croflbrd, 

Tlic Governor eliosen ISIoderator of the Assembly. 

The Recorder chosen Gierke of the Assembly. 

\'<»tG(], That Mr. Roger Burlingham ))eing returned to this 
Asscudjly as a Deputy for the town of Warwick, there being 
nuirli de])ate concerning the legality thereof, the Assembly 
do order, that he is not accepted in this Assembly as a 
Deputy. 

A\)ted, Whereas by order and Act of the Gcnerall Assembly 
licld in Newport, the 7th day of Ma}^ 1G90, there was by said 
Assembly concluded a necessity of raising of mone^^s in this 
tlieir Majesties' Collony, for the supply of soldiers and other 
)iecessary charges, against their Majesties' enemies; and in or- 
der thereunto, l)y the free vote of the Representatives of this 
Collony Assembly, as aforesaid, there was a rate assessed on 
th(^ scverall towns, as may appear in said Acts, which said 
assessment Avas to be by said order paid into the Gcnerall 
Treasury, by the 20th day of July last past ; but several towns 
have neglected to assess the said rates on their several inhab- 
itants, which hath been much damage to the Collou}'- for want 
of performance of the Assembly's Acts, having been at great 
chtirge in defence against the French in this Collony by sea, 
and have been delivered Ity a great jjrovidence of God, out of 
their hands, and other charges still arising in the defence afore- 
.siid. 

This Assembly taking the premises into their serious consid- 
eration, for want of moneys, as aforesaid, and finding that the 
town of Providence, the town of Portsmouth, the town of War- 
wick, the town of Wcsteidy, Jamestown, Kings Town, and 



2TG RECORDS OP TIIE COLONY OF RHODE ISLAND [1G90. 

Greenwich, liave not proportioned their rates according to or- 
der ; and still neglect and refuse to perform the Acts as afoi'C- 
said, it is ordered by this Assenihly, that three iikmi iti each 
town, to wit: ]Mr. Pardon Tillinghast, Mr. Edward Smith, Mr, 
Gideon Croftbrd, for the town of Providence ; Mr. Christu})her 
Almy, Mr. Geo. Sisson, Mr. Geo. Lawton, Jun'r, for the town 
of Portsmouth ; ]\Ir. Esreall Arnold, jMr. Peter Greene, Mr. Sam- 
uel StatVord, fur the town of Warwick ; Capt'n Clement Wea- 
ver, ]\Ir. John lleth, ^Ir. Thomas Fry, Jun'r, for Gn.'onwicli ; 
Ca[)t'n JenVey Champlin, Mr. Sanmel Albruw, ^U: Jeremiah 
Brown, for Kings Town ; Mr. Joseph Clarke, Capt'n William 
Champlin, Mr. John jMaxson, for Westerly ; Capt'n Nicholas 
Carr, Capt'n Thomas Paine, jNIr. Caleb Carr, for Jamestown, or 
the major part of any three in each town, are ordered and em- 
powered by this Assembly, to proportion the said sums levied 
on each town by the Assembly's Acts, as aforesaid. 

But the Assembly being concerned for the ancient privileges 
of every town in this CoUony, that if they will proceed accord- 
ing to former custom forthwith, it will be acce[ited ; otherwise^ 
it is required to be performed by the persons ap[)ointcd as 
aforesaid, for each town to be proportioned ; and return thereof 
made to the Generall Treasurer of this Collony, by the 20th 
day of October next. And each person that is appointed to 
proportion the said assessments, to have three shillings per day 
for their pains, to be paid by the tow^ns defective. And the 
neglect of the persons performing this Act, it is the resolve of 
tliis Assembly, that they and every of them so appointed as 
aforesaid, to proportion the said levy, neglecting the due per- 
ft)rmance thereof, shall pay out of their own estates the levy on 
each town to be proportioned by them, by warrant of distraint 
from authority. 

Voted, Whereas the Governor and Council jointly and several- 
ly have connnissioned Capt'n Thos. Paine, Capt'n Godfrey, and 
others, in the expedition tor Block Island against the enemy ; 
as also have been at charge to supply the men of war tliat 
came from Boston, in ])ursuit of the enemi(^s. and from New 
York, and for relief of captives, healing the wounded men, and 



IGOO.] AND PROVIDENXE TLANTATIONS. 277 

all other necessary charges concerning Capt'n Andrew Ed- 
iniMids, that have ])eeu disbursed or engaged l)y any dl" the 
^Magistrates repairing ot" vessel, and any other necessary charge 
concerning the war, it is ordered, being approved of by this As- 
seniblv, that all and every the said charges be paid out of the 
Generall Treasury, with all expedition, out of the levy made 
by this xA.ssembly m May last past, upon the several towns in 
this Collony. 

Voted, In answer to the petition of the town of AVarwick, 
complaining that they are over-rated, but are willing to pay 
th(Mr ef[ual proportions, the Court having seriously considered 
the matter, do find that the manner of rating of towns by guess 
is no suitable nor certain rule, but may prove very prejudicial ; 
and therefore do determine that for the future, all rates that 
shall 1)0 made in this Collony, shall 1)0 made according to so 
much on the pound as the estates of persons are valued at. 

And for the better ofiecting of the premises, it is desired, 
that Ijetwixt this and the next Court in October next, to be 
held at Providence, that any of the members of this Court 
^vould draw up some rule for appraising of lands or cattle, to 
1)0 A-alued, to know mens' estates by, and in order for the 
Court to give their determination, and in case upon examination 
of the matter, it doth appear that any town in this Collony hath 
been by guess over-rated, at the meeting of the Commissioners 
then it shall be abated out of the next proportionally. 

Voted and ordered by this Assembly, Upon the petition of 
several free inhabitants of this Collony. that any one Magis- 
trate of the Collony is authorized to send his warrant to a Con- 
stable to bring before him and another ^Magistrate, any debtor 
to the value of forty shillings, to answer the complaint of any 
person for debt or trespass as aforesaid, and it shall be in the 
power of two ^Magistrates to hear, issue and determine the 
same ; only it .shalkbe in the liberty of the party defective, to 
have his appeal to the Court of Tryall, paying the charge, and 
tlie Magistrate's charge in hearing an(l determining the cause 
or causes. 

Voted, Ordered by this Assembly, and by the authority 



2TS llECOUDS OF Tin: COLOXV of RIIODE ISLAXl), [1G90. 

ili(>rcof, ili.-it nil ships niul otlicr vessols of what sort soever, 
ahdve ten Imis. that shall Jjclong to any of thcii' ^Fajc^stics' Col- 
hiiiies. or IMaiilalions whatsoeve'-, exrejit such ship or vessel 
]i('l(ii«'iiiin- to this their .Majesties' Collony of tJhode Island and 
L^'ovidence Tlantations, shall pay lor each and eveiy ton that 
thoy shall incisure, according to the toninige of shipi»ing, one 
shilling per ton ; or one pound of powder to be paid to the 
Deputy Collector of this Collony; to l)e to the disposing of 
the Major of tlie Islands, or his ordjr, for tlie sup[)ort of a niag- 
azini^ for tlii^ Island's use, if th(\v nidade or l)r(^al< l)ulk in this 
Inuhor of X(?\vp()rt. 

Ordcrod. That the Clerk of the Assenddy shall have five 
shillings of eaeli town for cojjys of the Asseuddy's ActS; with 
the Seal of the Collony aftixed 

Copy, per record. ' WivSTON CLARKE, Recorder. 



ProcrcJiurjs nf Ihc CmrraJl .UsPnihhf hehl for (he Cnllnw/ of 
nhode Haitil and Provnieuce Plnnhdions, id Proridrncc, 2U//( 
nf Oc(obci\ Id 1)1). 

The Chivernor chosen ^Moderator of this Asscnddy. 

]^Iajor John Greene chosen Clerke of this Assendjly. 

Voted l.)y the Assend.dy, That ho shall have power to make 
a Deputv therein ; and he made choice of E[ihraim Turner, lie 
being then there present. 

And v/hereas. this Assembly being met. had determined to 
have a cojiv of the Charter read, but the Ivecorder and sc\-eral 
of his faniilv being sidv of the small pox. Avheivby the Asscm- 
\)\\ is preveiilctl IVom reading of il ; no copy atti^stcd being 
inesent, therefore have thought meet to mak-e record whend'ore 
[\\oy cannot now do it. 

Tlie Conrt adjoui-iied till to-ino.irow iiiondiiL. eight of the 
clock, and (hen to mecl at tin' hous.- of .b.l,,, Whipple. afor<- 
said. 



IGOO.] AND rnOVIDEXCE PLANTATrONS. 279 

?>{)lh Ovlohcr. 

Tlio Court UK^i, aiul was called o\-(M-. and aCtcr pouh* au-ita- 
iinii. adj'ounuMl in the ai'tenioou for one hour; ^v]lero, when uiet 
again and called over. 

Ordered by this Court, That forasmuch as the town of Provi- 
dence, Greenwich, and Kinustown, by reason of sickness of the 
llecorder, and other more than ordinary occasion, have not had 
the orders of the last Court published so timely as the orders 
did re([uire, that notwithstanding tliey shall stand good still; 
only allowing twenty days more after tliis pi'escnt Court for 
performance thereof, cither by the men nominated and a[)[)oint- 
ed 1)}' said C(»urt, at P(jrtsmouth, or Ijy the t(j\vns, if they 
please to choose ; and that return of the same I)e made to the 
Cienerall Ti'easurer M'ithin twenty days after this Court. 

And it is i'urtlier onlered. That where;is Mr. Jeremiah IJrown 
is dead, that 3ilr. ^Villiam Kuowles and Thomas Ahunford are 
chosen to be in his room, to join Avith Capt'n Jeollrey Cham[din 
and ^Ir. Samuel Alsbrough, to make the rate for the town of 
Kingstown, in case they neglect to choose rate-makers in time ; 
and to return it to the Treasurer, according to time prefixed ; 
and they, or the major part of them, to do it. 

AVhereas, there was a rate t)f three luuidred pounds assessed 
upon the Collony at a Court of h]lection in Alay l;ist ; and 
Avhereas the men of Warwick have levied and proportioned the 
said rate upon the people, dwelling at and about tlio place 
called Mashantot.it. and several other persons dwelling on the 
north side of PaAvtuxet ii\'er. 

It is ordered. That what part of the said rate was lrvi(.Ml ou 
tlie said people dwelling at and about the pla.cc called Mashan- 
totat, and all other persons also dwelling on the north side of 
l^iwtuxet ri\-er, shall lie and by this Act is remitted; and all 
the said persons to be levied u[ton by and to the town of 
Providence; and what was levied upon them by the town of 
AVarwick. The said sum to be abated out t)f the said town of 
AVarwick's rates Ity the said Assemldy assessed. 

The Court adjourned till to-morrow morning, eigld of the 
clock. 



2S0 RECORDS OF THE COLONY OF RHODE ISLAND, [1G90. 

ol<s/ of Octohcr. 

The AssoiHl)]y met and called over. 

I'pou a desire of Mary Eduioiuls, wife of Andrew Edmonds, 
that she may have six pounds allowed her in the absence of her 
husband, more than the six pounds Ibrmerly allowed her hus- 
band to have out of the rate of the town of Providence ; her 
husband being now gone out in the wars for their Majesties' 
interest. The C(nu-t orders she sh;dl have the said six pounds 
paid her out uf the rate of the town of Pnnidence, with the 
greatest exi)cdition as the said rate can be gathered in. 

Voted, That the Captains ami commissioned ollicc'rs of each 
Trained Band in this Collony have power to a})point their 
training da^'s in their several towns upon each working day as 
they sec cause, the Election day only excepted ; and not 
omitting the number of days a[tpointed by hiw for training 
days. 

Voted, That there be a Committee chosen for the inspecting 
a way for the regular collecting of rates in the several towns in 
this Collony. 

Voted, That the Committee above mentioned, be as fol- 
loweth, viz. : of the town of Newport, ^Ir. Phillip Smith, 
.Mr. Jonathan Holmes ; of Providence, ]Mr. Gideon Crof- 
ford. ]Mr. Nathaniel Waterman; of Greenwich, Capt'n Clement 
"Weaver, 'Mw Giles Peirce ; of Westerly, Capt'n William Cham- 
plin, Mr. Joshua Holmes. 

Tlie said Committee's return was, that they conceive that 
there is law already sufiicient for gathering of rates ; leaving 
it to the Governor and Magistrates for the execution of the 
same ; tlierefore it is enacted, the ^lagistrates, or any two of 
them, have full power to regulate any thing ai)pearing defec- 
tive therein ; as by the law further it is enacted, that the 
Treasurer of each town in this Collony shall be a Deputy 
to the Generall Treasurer of this Collony. All these Acts are 
jillowed of and ap})roved by the Generall Assendjly ; and or- 
dered, this be immediately published under the Seal of this 
Collony by beat of drum, and returned back to this AssemlJy ; 
who hereby order, that Ephraim Turner, the Deputy Clerk of 



1000.] AND PROVIDENCE PLANTATIONS. 281 

this AsiSGiiiljly .shall have five .«hilling-s paid unto him or his or- 
der, fur a copy hereof, under the Seal of the Collony, l)y each 
town in the Collony, and he to send a copy thereof to each 
town, as soon as may be. JOHN GllEENE, Clerk. 

SirEdmiuid Andross account ofkk adminisiraiion and i)nj)?-isonmeni. 

To the Ki'^ht Ilonoralilc, tlie Lords of the Committee for Trade and Plantations: 

The state of New England and the government of Sir Edmund Andros. 

That in the year U!8G, Sir Edmund Andros was by commission under the great 
seal of England, appointed to succeed the President Dudley and Councill in the 
government of the iMassadiusetts Collony, the Provinces of Xew Hampshire and 
Maine, and the Narragansett Country, to which were annexed the Collonics of 
Rhode Island, New Plymouth, and the County of Cornwall. 

In the year 1G87, the Collony of Connecticut was also annexed ; and in the year 
IfiSS, he received a new commission, for all New Eiigland, including the Province 
o[' New York, and East and West Jersey, with particular order and directions 
to assert and protect the five war-like nations or cantons of Indians lying west from 
Albany, above the heads of our rivers, as far beyond Maryland, viz. : Macjuaes, 
Onoydes, Onondages, Caiuges, and Sennekes, as the King's subjects; upon whom 
the French had made severall Incursions, and to demand the setting at liberty sev- 
crall of them surprised and detained by the French, and reparation for sundry 
goods taken from severall Christians, his Majesty's subjects, in the lawfuU prosecu- 
tion of their trade. Sir Edmund Andros, upon the receipt of his commission, went 
to New York, and Albany, of which the Indians having notice (although they were 
then met in Councill about going to Canada), came thither, and were settled and 
confirmed under his government. 

He forthwith signified to the Governor of Canada his Majesty's pleasure relating 
to the Indi.ms, and made dcmmd from him pursuant to the above orders, and also 
to quit a considerable Fort, which by encroachment he had built at Oniagra, in tlie 
Senneka's country, southward of the Lake, within his Majesty's dominion, about one 
thousand miles from Quebeek, in Canada fnotwithstanding all the endeavors and 
opposition made by the Governor of New York, l)clbre the annexation), upon an 
advantageous pass near the Indians' hunting places, capaiile greatly to annoy 
and awe the Indians and obstruct and hinder the trade with them. That there- 
upon, the Govern(M- of Canada did accordingly withdraw the garrison and forces 
from the said Ouiag-a, and those jiarts, and <lid further signify that the Indians by 
him taken were sent to France, but would write to the King, his master, about their 
releasement. 

The severall Provinces and Collonys in Now England, being so united, the rev- 
enue continued and settled in those parts, fi»r the support of the government, 
amounted to about twelve thousand pounds per, annum, and all i>laces were well 
and quietly settled and in good posture. 

The Church of England being unprovided of a i)lace for their public worship, he 
did l)y advice of the Councill, borrow the new Meeting House in Boston, at such 
times as the same was unused, until they could provide otherwise. And accordingly 
on Sundays, went in between eleven and twelve in the morning, and in the after- 

voi,. III. 24 



282 RECORDS OF IllE COLONY OF RHODE ISLAXD, [IGOO. 

noon nliou' ibiir ; hut imik-r.-tandin;,' it j;ave olU'iu'i-, li i.-triic»l the Imililini: <ifa 
Church, which was I'llertcd at the char'.'H of Uuksc oftlu; Chunli of Kn-huul, wlicre 
the cliiiplaiii of tliu sonhliers iicrformetl divine service and prcai hi)ijr. 

He was always iva<ly to give grants of vacant lands, and confirm defective titles 
as authorized (the late Corporation not having passed or conveyed any, pursuant 
to tlie directions in their Charter), but not above twenty have passed the seal in the 
time of his government. 

Courts of judicature were settled in the scverall parJs, so, as might be most con- 
venient for the ease and benefit of the subject, and Judges appointed to hold the 
terms, and go the circuit throughout the dominion to administer justice in the lik« 
manner and form, and according to the laws, customs anil statutes of the realm of 
Kngland, and some |X!culiar local prudential laws of the country, not repugnant 
thereto ; and fees regulated for all odiccrs. 

That ]>articular care was taken for the due obsi>rvance of the s<'verall acts made for 
the encouragement of navigation, and regidating the Plantation tiade, whcrcliy the 
lawful trade ami his ^lajesly's revenue of c\istoms was considi'rably iucrca>cd. 

The Indians throughout the governukent continued in good order and sulijection, 
until tjwards tlie latter end of theycar 1088. By some unadvised pro;ecilings of the 
inhabitants in the eastern parts of New England, the late rupture with the Indians 
there commenced, scverall being taken, and some killed. When Sir Edmund Andros 
Avas at New York, more than three hundred miles distant from that place, and upon 
his speedy return to boston (having viewed and settled all parts to the westward), 
great part of the garrison, souldiers with stores, and other necessarys were innnedi- 
ately sent eastward to re-infbrce those parts, and vessels to s<;cure the coast and fish- 
ery ; and further forces raised and appointed to be under the connnand of Major 
(Jenerall Winthrop ; who Hilling sick and declining the service, by advice of the 
Councill, he went with them in person, and by the settlement of several! garrisons, 
freipient j)artys. marches and [mrsuits after the enemy, sometimes above one hun- 
dred miles into the tlesert further than any Christian settlement (in which the olli- 
cers and souldiers of the standing fi)rces always employeil), taking and destroying 
their forts and settlements, corn, provision, ammunition, and canoes, disjiersed and 
reduced them to the utmost wants and ncccssitys, and so secured the country. 

That from the said forces going out, untill the time of the late revolution there 
and disorderly calling the forces from those parts, not the least loss, damage or, 
spoyl happened to the inhabitants or fishery ; an<l the Indians were ready to submit 
at mercy. 

About the latter end of .March, 1G88, Sir Edmund Andros returned for Boston, 
leaving the garrisons and souldiers in the eastern parts in good condition, and sulli- 
niently furnished with provisions, and all stores, and implements of war, and vessels 
for defence of the coast and fishery. 

On the 18th of April, IGHO, severall of his Majesty's Coimcill in New England 
liaving combined and conspired together with those who were Magistrates and ofii- 
cers in the late Charter government, annually chosen by the people, and severall 
other persons, to s.nbvert and overthrow the government, and instead thereof, to 
introduce their former Commonwealth. And having by their false rejiorts and as- 
persions, got to their assistance the greatest part ofthe people, whereof a]>pcared in 
arms at Boston, under the command of those who were oflicers in the said former 
popular government, to the number of abotrt two thousaiul horse and foot, which 
strange and sudden appearance being wholly a surprise to Sir Edmund .-Xuilros, 



IGOO.] 



AND PUOVrUEXCE rLAXTATIONS. 283 



as kiinwiiirr no cause or occasion for tlie same. P)iit iiiiilcrstatnliiiji tliat severall of 
tlic Coiiiii ill wore at tiie duiMcill Cliaiuber, wlici'o (it beiii;: the ordinary Comieill 
day) tiiey were to meet, ami some particularly by him sent i\)V from distant parts 
also there, lie aaJ those with liim, went thither; and though (as he j)assed) the 
streets were f\il[ of armed men, yet none oHered hini or those that weix with him 
the least rudeness or incivility ; but on the contrary, usual respect. But when he 
came to the Councill Chamber, he found severall of the said former popular Magis- 
trates and other chief persons then present, with tliose ol'tlie Councill, wlio had no 
suitable regard to him, nor the peace and quiet of the country. But instead of giv- 
ing any assistance to support the government, made Iii'.n a prisoner, and also im- 
prisoned some members of the Councill atul oilier ollicers, who in pursuance of 
their respective duties and stations, attended on him, and kept them for the space 
of ten moiitiis under severe and close confinement, iintill by his Majesty's coni- 
niinds tliey were sent for England, to answer wliat might be objected to them •, 
where, after suuunons given to the pretended agents of New l-^ngland, and their 
twice appearance at the Councill Board, nothing being objected by them or others, 
they were-, discharge 1. 

In the time of his confinement, being denied tlic lil)ovty of discourse, or eonvcr- 
sition with any person, iiis own servants to attend him, or any communication or 
ciirrespondenre with any !)y letters, he Irid no pai'ticular knowietlge of tlu-ir further 
proe(MMling~, but h.uh heard and understands: 

That soon after the conlincment of his person, the confedei-ates forced the fort and 
castle fiom the ollicers that had tlie command of them, whom they also imprisoned, 
and disjiersed the fi;w souldiers belonging to the two staiuling companys then there, 
as they did the rest, wlien they recalled the forces employed against the Indians 
eastward, ^vhil•h two companys are upon his Majesty's establishment in Kngland, in 
which service half a Company of the standing forces at New Ycrk being also em- 
ployed, the odii'crs were surprised ami brought prisoners to Boston, and the soul- 
iliiMs dispersed, as the remaining part of them at New York were afterwards upon 
tin- reviilution there. The other Company was and remained at Fort Albany, and 
arc both upon establishment, to be paid out of his Majesty's i-evenue there. 

And the confederates at Boston possessed themselves of all his Majesties' stores, 
arms, ammunition and other implements of war, and disaljled their Majesties' man of 
war, the Bose frigate, by seruring the Commander, and bringing her sails on shore ; 
and at the same time having imprisoned the Secretary and some other ollicers, they 
broke open the Secretary's oflice and seized and conveyed away all records, papers 
and writings. 

Those members of his Majesties' Councill that were in confederacy with the be- 
fore mentioned popular Magistrates, and otiier chief actors in this revolution, took 
upon them the government by the name of a Councill, who not content with the 
inionveniency they had brought on themselves in the Massaehu.sctts Coliony, but to 
the ruin of the [)oor neighbors, on the 2 'th of April gave orders for the drawing ofT 
till' forces from Pemyqui'l, ami otlier garrisons and places in the eastern parts, far 
without the limits of their Coliony, and where the seat of war with the Indians -was, 
and to seize severall of the olficers. and lor calling home the vessells appointed to 
guard the sea coast andfishery, which was done accordingly; and the forces dis- 
banded, when most of the souldiers belonging to the standing Coni[)inys llu-re, 
were dispersed ; of which, and their actings at Boston, the Indians having notice 
(and being supplied with ammunition and provision out of a vcsscli sent from Bos- 



284 KbX'OKDS OF TlIK COLONY OF KHODE ISLAND. [IGOO. 

ton by some of tlic cliiof conspirators before the insurrection, to trade with tliem), 
they were encourageil and enabled to renew and pursue the war ; and by the assist- 
ance of some French, who have been seen amongst them, and engaging of sever- 
all other Indians before unconcerned, increased their number, that in a very short 
time sevcrall lumdreds of their Majesties' subjects were killed and carried away 
captive. 

The fort at Pcmyquid taken, the whole county of Cornwall, the greatest part of 
the Province of Elaine, and part of the Province of New IJanipshire destroyed and 
deserted, and the j)rincipall trade of that country, which consisted of a considerable 
fishery, the getting of musts, yards, &c., for the supply of his Majesty's navy Uoyall, 
and boards, and other lumber for the supply of the other West India Plantations, is 
almost wholly ruined. 

By the encouragement and persuasion of those of the Massachusetts, the sevcrall 
other Provinces and Collonys in New England, as far as New York, have disunited 
themselves, and set up their former separate Charter or popular governments with- 
out Charter, and by that means the whole revenue of the Crown continued and set- 
tled in the sevcrall parts for the support of the government, is lost and destroyed. 

The usual time tor P^Icction of new Magistrates at Boston coming on, in the be- 
ginning of May, 1689, great controversy arose about the scttlin-f of civill jrovern- 
ment ; some being for a new Election, and others, that the Magistrates cliosen and 
sworn in 1G8G, before the alteration, should re-assume ; the lattar of which was con- 
cluded on by them, and the pretended rcpix'sentatives of the severall towns of the 
Massachusetts, and assumed by the said Magistrates accordingly ; and thei-eup n, 
the old Charter government, though vacated in Westminster Hall, was re-assumed 
without any regard to the Crown of England, and they revived and confirmed their 
ibrmer laws contrary and repugnant to the laws and statutes of England ; settled 
their Courts of judicature, and appointed new officers; and have presumeil to try 
and judge all cases, civill and criminall, and to pass sentence of death on severall of 
their Majesties' subjects, some of whom they have caused to be executed. 

Although in the revenue continued on the Crown lor the support of the govern- 
ment, during his time, the country paid but the old established rate of a])enny in the 
pound per annum, as given and practised for about fifty }ears past; the pi-esent 
administrators have, of their own authority, for not above si.\ months, raised and 
exacted from the jjcople of the Massachusetts Collony seven rates and a half. 

Since this insurrection and alteration in New England, they do tolerate an un- 
limited irregular trade, contrary to the severall Acts of Plar.tations, Trade and 
Navigation, now as little regarded as in the time of their former Charter govern- 
ments ; they esteeming no laws to be binding on them, but what are made by them- 
selves, nor admit English laws to be pleaded there or appeals to his Majesty, and 
many ships and vessels have since arrived from Scotland, Holland, Newfoundland 
and other places, prohibited ; they having imprisoned his Majesty's Collector, Sur- 
veyor and Searcher, and displaced other Custom House oflicers. 

That they sent to Albany to treat with the Indians in those parts, particularly 
with the Five Nations, Maques, &c.,and invited them to Boston ; which is of ill and 
dangerous consequence, by making the said Indians jjarticularly acquainted with 
the disunion and separate governtuents ; and showing them the country and disor- 
ders thereof, as far as Boston, giving thereby the greatest advantage to the French, 
of gaining or subduing the said Indians, and attempting Fort Albany (the most ail- 



1G92.] 



AND TROVIDEXCE PLANTATIONS. 285 



vancod frontior into tlic country and great mart of the Beaver and Peltry trade), 
and ot' infestini: othi^r parts. 

The forces raised and sent out by them the last summer, notwithstanding the 
great encouragement they promised of eigiit pounds per head, for every Indian that 
should be killed, besides their pay, proved neither elTectual to suppress the enemv, 
or secure the country from further damage and murther ; and upon the winter's ap- 
proaching, the Ibrecswere recalled, and the country left exposed to the enemy, who 
have already overrun and destroyed so groat a part thereof; and now by the assist- 
ance of the French of Canada, may probably proceed further into the heart of the 
country; being so divided ami out of order, unless it shall please his Majesty by his 
own authority to redress the same, and put a stop to the French and Indians, and 
thereby prevent the ruin or loss of that whole dominion of New England, and con- 
se(iuently of their Majesties' other American riantations, endangered not only by the 
want of provisions, but by the many ships, vessels, seamen and other necessarys in 
>>'ew England, capable to supply and transport any force which may annoy or attempt 
those Plantations, but may be l)y his Majesty's authority aiul commands elfeetually 
settled and preserved, and of service against the Fr'^neh or any other their Majes- 
ties' enemies in those parts, with no greater land force than is necessary to be con- 
tinued there; and a sulHcient revenue raised to defray the charge thereof bv dntvs 
and rates as heretofore hath been practiseil amongst tliem, and is usuall in otiier 
their Majesties' Plantations. Ilumblv submitted bv E. ANDUOS. 



Af a General As-semhl^ of tJiis their Majcst>/s Collonu of Bhodc 
Mand (U)d Providence PluulaUuns, hcinr/ convened on adjourn- 
■iiicnL this Id of Atifjmt. 1GU2. 

L'pun dc1);itc of matter.-, do fiml that the principal occasion 
of our Honored Governor's calling the Assembly at this junc- 
ture of time, is by reason that the militia of this Collony is 
about to be brought into a great measure of confusion, if not 
timely prevented, so as to make way for the inlet of their 
^Majesties' enemies ; and upon the scrutiny of the matter, wo 
find the beginning of it to arise from <a letter sent to our Gov- 
ernor and Councill from his Excellency, Sir William Pliips, 
some time after his arrival at Boston ; said letter being dated 
June the 2d, last past, wherein his Excellency declared liiniself 
to Ijo conunissionated from their Majesties \\\[\\ the power of 



28C) RECORDS OF THE COLONY OF RHODE ISLAND, [1G02. 

]jiortouant niul Cominaiulor in Chief of the militia, and of all 
the forces by sea and land, within their Majesties' several Col- 
lonies of Coinieetieut, Ivhode Island and Pi-ovi(l(^nce Planta- 
tion, the Xarragansctt Conntr}' or King's Province, and th(3 
I'rininee of Xew Hampshire ; and further signilying his Avil- 
lingness to intrust the same in the hands of persons faithful to 
their Majesties, as may most conduce to their service and satis- 
faction of their good subjects: signif3'ing also, that he desires 
and expects that some fit persons be instructed and speedily 
sent to attend him at Boston, with an account of the militia 
and what further might appear necessary for their Majesties' 
service. And whereupon the Governor and Councill bein^- 
convened, sav,- cause to commissionate Major John Greene, 
Deputy Governor, and Mr. Henry BrightnL-in, Assistant, to 
treat with his Excellency concerning his commission, as also 
concerning the settling of a post office for intelligence, which 
said Commissioners attended about five days before they 
could have any treaty; and at length when they gave in their 
proposals, his Kxcellency said he would not give any answer 
without further advice, and then he would write to the 
Governor. 

Whereupon, the said Commissioners returned, not obtainino- 
a sight of his Excellencj-'s commission, nor of an attested cop\', 
neither hath our Governor received any letter from his Excel- 
lency since. But instead thereof, as we are credilily inform- 
ed, his Excellency hath sent up severall commissions unto 
l^[ajor Peleg Sanford, endeavoring therel)y to put tlu^ militia 
into the hands of most of them that disclaim their Majesties' 
authority here; thereby to depose great part of those commis- 
sioned officers that have stood up to su[)port their .Majesties' 
government and interest in this their Collonv. 

Therefore, this Assembly taking the premises into their serious 
consideration, and forasmuch as they have neither received so 
much as an attested copy from his Excellency, nor any Koval 
letters from their Majesties, but are in daily expectation there- 
of in answer to our last address, sent by Major Pvoi^-er Holdeii, 



1002.] AND PROVIDEXCE PLANTATIONS. 2S7 

;inil tliat their ^lajcstios' mililiu in this their C0II0113- and Kind's 
Proviiieo, bo kept in a suitable po.stuie of (.lefencc ai;ainst 
tlieir enemies. 

13e it enaeted by this Assembly and the authority thereof, 
tliat all the cununi-ssioned olliccrs of the Trained Bands chosen 
on the Election days last past, throughout the whole Collony, 
do apply themselves to take special care that their several 
companies be kept in a suitable posture of defence against 
their Majesties's enemies, and that none of tliem do decline 
their places upon any pretence whatsoever, except by order of 
the Asseml)ly of this their .Majesties' Collony. 

And whereas the town of Kingstown neglected to choo.se 
tlieir commissioned officers the Election day last past, there- 
fire, it is herel>y ordered, that Capt'n JeolTrey Cham})lin. Lieut. 
Thomas Eldridge and Ensign John Eldridge 1)eii)g the olliccrs 
last clidscn l)y the people, do by virtue of their Ibinier connnis- 
sions ofliciate for the ensuing year ; as also whereas the town 
of Jamestown have neglected to choose their conuni.ssioned ofli- 
cers, it is further ordered, that Capt'n Thomas Paine be Ca})- 
tain lor the ensuing year, and Mr. Nicholas Carr, Licftenant, 
and George Cooke, Ensign ; aud for Block Island, forasmuch 
as Capt'n John Saunders is removed olf the Island, we give 
them power to choose their officers s})eedily, and return their 
names to be commissionated. 

It is further ordered, That all the commissions formerl}' grant- 
ed to the respective commissioned officers throughout the Collo- 
ny, or King's Province, remain and be as elfectual to all intents 
and purposes as if now granted ; and that forthwith connnis- 
sions be given forth to such as are now electcil, that so this 
Collony may be kept in a suitable posture of defence against 
their Majesties' enemies. 

It is further ordered. That the Address drawn up to be sent 
to their ^^lajesties, be signed l)y the Governor and sent away 
with wluit expedition ma}' be. 

Ordered, That these acts be forthwith puldished, under the 
S.-al of t!ie Collon^,', in thj town of N(?wport, by beat of drum, 



288 RKCORUS OF THE COLONY OF RHODE ISLAND, [1G02. 

:ni(l 1)0 pnlilislicd in cacli town of ilio Collony mid Kino's l^i'o- 
viiK'O, with all convenient sjieed. 

By Older of the Gencnil Asscmhly, neniine eoiitrndicente. 

JOILV EASTOX, ]{(^corder. 

[There are no ivcords amoni^ the puhlie archives of the 
State, of the meetings of the General Assembly from this time 
to Juh', ICOo.] 

A(Id/'cs8 from llhodc Mand io ilivir Mnjcsties WiUiam and Mar//. 

The iuunblo addrc??, remonstrance and petition of the Governor and Conipaiiy of 
your Majesties' Coliony of Rhode Island and Providence Phintations, or King's 
Province, in New England, sitting in Generall Assenil)ly upon adjonrnment, Au- 
gust the 2d, 1G92. Humbly showeth : 

That your petitioners have sent severall addresses to your ^laiesties, an answer 
^vllereunto, we have not as yet received. 

That lor want of some immediate answer from your Mnjesties, some male- 
discontented persons take occasion thereby to endeavor the subversion of vour 
Majesties' government here, presuming to aflirm that those persons commissionated 
by 6lr Kdunnul Andros ought to continue until! some inmicdiate order from the 
Crown of England. 

Tlial upon the coming over of his Excellency, Sir 'William Phip]>s. he writ a let- 
ter directed to your Majesties' Governor and Couni-ill here, a copv wliereof is here- 
in enclosed, declaring himself to be empowered with the militia of this your Majes- 
ties' Coliony, sending no copy of his connnission, desiring us to send some persons 
to him, and to propose men, faithfull to their Majesties, to be commissionated, &c. 
AVhereupon, your ^Majesties' Governor and Councill being convened, and ])erusing 
the letter, Ibimd that the grant was with respect to a statute made in the thirteenth 
yeai- of the reign of King Charles the Second, of blessed memory ; and upon j)erus- 
al of our Patent granted by his then Majesty, bearing date from Westminster, July 
the Sth, in the (iftccntli year of his reign, he gave the Governor and Company of 
his said Coliony lliroughout the bounds and limits tlieredf, the sule power of the 
mililia therein from him and successors, to them and their successors. 

That ncverthelc.-s, we your .Maj.'sties' CJovernor and Councill, takinir notice of 
your ^Lijeetics' good intentions towards us in the time of war for our better def(;nce 
ag.iinst the enemies, were willing to submit to your Majesties' commands when 
made to appear, and therupon chose and eommissi(jn,ited Major John (irceiie, Dep- 
uty Governor, and Mr. Henry Britemen, Assistant, to treat with his Jv\<-cllen( v, 
concerning liis commission, who carried with them a li-t of the commissioned 
oflicers of the trained bands, chosen by the order of the Collonv, which tliev 
delivered ; as also gave in a list of some of the principal jjcrsons, who tou'eiher with 
some other their adherents weie disobedient, and disclaimed this vonr Majesties' 
government, tlu; cojiy of the return whereof* is also herewith sent. IJut his Excel- 
lency, instead of sending an answer to the Governor, winch he promised to do, he 



1G92.] 



AND mOVIDENCE PLANTATIONS. 289 



scat up comini.ssioiis to ^^ajor Pelcg Sanfonl, endeavoring thereby to commlsslonate 
the nii)>t of tliem objected against, and tliereby endeavoring to depose those sevcrall 
of tlieni that have stood up hitherto to support your Majesties' government here ; 
but the niO;-t of either of tlicni do refuse to take such commissions, so that your Maj- 
esties' good intentions towards this your poor distressed Collony, in this time of war, 
is like to be subverted, and that which was proposed for better defence against the 
enemy, is like to make way for an inlet to the enemy if not timely prevented. 
^\'la•re^lpon, your Majesties" Governor and Councill saw canse to order the Gener- 
all Assembly to be convened for the re-settling the militia, and to make application 
to your Majesties ibr redress herein, and the rather because our Commissioners, 
aforesaid, obtained not a sight of iiis Excellency's commission, nor of an attested 
copy. 

'I'liat we humbly conceive the principall ground of these matters are occasioned 
by private interest; some of the principall persons of his Excellency, Sir \Villiam 
l'hi[i[i<, his CounL-illors, claiming interest to all the Narragansett country, by virtue of 
a iiiurtLMge made to .Major Humphrey Atherton and associates, by the Narragansett 
.Sai!iin\s scverall }cars after their submission of themselves and lands to his llovall 
Maje-t}-, King Charles the First ; which purchase and mortgage was condemned 
upon a heating by his Mnjesty's Honorable Commissioners, in the year 1G64, and 
since declared against by his then Majesty, King Cliarlfs the Second, of blessed 
memory, by his llnyall letters to all the Cullonies, bearing date from Whitehall, the 
12th of February, 1G7S-U. 

That by reason of" these overtures in the militia, as aforesaid, severall persons of 
Kingstown, in the Narragansett Country, have in a riotous manner, rescued a pris- 
oner (that was arrested for breach of" your Majesties' peace), giving opprobrious 
speeches concerning the warrant aranted forth by the Deputy Governor, and saying 
that they would answer for what they had done before Mr. Francis Brinley and 
Capt'n -folin Foanes ; both which were Justices commissionated by Sir Edmund An- 
dios, under the late King James ; so that we are in great doubt, that if some speedy 
return come not immediate from your Majesties, what will be the issue; but in 
the mean time shall endeavor what we can to reform such enormities. 

That by reason of these overtures, we are discapa(;itated to j-aise monies for the sup- 
port of your Majesties' government and interest against your enemies; as also for 
semliitg a messenger to wait upon your Majesties, and to give a more ample relation 
of these matters. 

That by reason hereof", a great part of tlie Narragansett Country and Niaiitick, 
unpurchased by the inhabitants of this your Majesties' Collony, remainsa wilderness, 
unpossessed and unim[)roved, for want of settling. AVhereof many of the inliabit- 
fints of this your Majesties' Collony, have been forced to ivmove to other CoUonies 
(or accommodation, and the said wildeiness, which might acconunodate Plantations, 
lay waste. 

And lastly, we, your Majesties' most liumblc petitioners, do most humbly beseech 
vour most Excellent Majesties' grace and fiivor, that you would please to send an 
immediate confirmation of your Majesties' govenmient hero, aceoi-ding to the limits 
and boundaries of our I'atent and decision of the Commissioners, aforesaid, which 
inav bo a means not only to stop the mouths of your Majesties' disaffected subjects, 
but also to encourage your loyall subjects, to go on jvith more alacrity to support 
vour Majesties' goveiaunent here; and wc sliall pray to God, by whom Kings do 
reign, to give your Majesty a long and prosperous reign over us, and a happy ami 
speedy victor}' over your enemies. 

VOL. IH. 25 






JAN 83 

N. MANCHESTER. 
INDIANA 46962