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

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UNIVERSITY 
OF PITTSBURGH 






LIBRARY 



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RECORDS 



OF THE 



COLONY OF RHODE ISLAND 



PKOVIDENCE PLANTATIONS, 



NEW ENGLAND 




PRINTED BY ORDER OF THE GENERAL ASSEMBLY. 



EDITED BY 



JOHN RUSSELL BARTLETT, 



SECRETARY OF STATE. 



VOL. IV. 



1707 to 1740. 



PROVIDENCE : 
OWLES, ANTHONY & CO., STATE PRINT] 
1859. 



v-4 



. 



PEEFACE. 



\ 



The fourth volume of the Colonial Records of Rhode Island, 
includes thirty-three years of its annals. It begins with the 
j>roceedings of the February session of the General Assembly 
1707, and ends with the October session of 1740. 

The plan followed in selecting the matter for the present 
volume, is the same as that of the previous volumes, except that 
all legislative business of a private nature, has been omitted. 
In the early volumes, private matters were so blended with 
those of a public nature, and had so direct a bearing upon our 
colonial history, that it was deemed advisable to notice them. 
But during the period embraced in this volume, the business of 
a private character had so much increased, and possesses so 
little interest after the lapse of a century and a quarter ; and, 
moreover, has so little bearing on the history of the state, that 
it was thought best to omit it, after the printing of the vol- 
ume had been commenced. The matter thus left out, includes 
all resolutions authorizing parties to sell real estate ; the 
granting of letters of administration ; the appointment of guar- 
dians ; the payment of salaries and accounts ; records of deci- 
sions of law cases before the General Assembly, and proceed- 
ings relating thereto. 

But even with the matters above stated, whenever the pro- 
ceedings seemed to have a bearing upon, or illustrated the 
history of the time, they have been printed. 



IV. PREFACE. 

The public acts passed during the period in question, have 
also, with few exceptions, been omitted, as all, save those which 
were subsequently repealed, have already been printed in the 
volumes of public laws of 1719, 1730 and 1744. A few of 
these laws had been inserted before it was decided to change 
the plan, and insert merely the titles, with a reference to the 
printed volumes where found. 

Notwithstanding the decision to omit the public laws, cer- 
tain ones, which had a direct bearing upon, and important con- 
nection with the history of the state, have been inserted in 
their proper places. Some of these appear in the early printed 
digests of laws before mentioned, while others have been re- 
pealed. Among these, are the acts for the division of towns, 
with all that relates to their boundaries and organization ; 
and the acts relating to, and growing out of the wars of Eng- 
land with France and Spain. The proceedings of the colony, 
growing out of these wars, would not be complete or understood, 
without presenting the public laws arising therefrom. These 
acts provide for the defence of the colony ; for raising and sub- 
sisting soldiers, both for defence and for foreign expeditions. 

The acts relating to the disputed boundaries, both those of 
Massachusetts and Connecticut, as well as the proceedings and 
correspondence relating thereto, are also inserted at length. 

The index will be found to contain a larger number of 
names than either of the previous volumes, as all who were ad- 
mitted freemen, are referred to. The original orthography of 
these names is retained. 

For many of the letters and public documents inserted in 
the volume, the editor is indebted to the liberality of his towns- 
man, Mr. John Carter Brown, whose valuable manuscripts, 
copied from the originals in the state paper office, London, 
have been used in the previous volumes. J. R. B. 



RHODE ISLAND RECORDS. 



RHODE ISLAND RECORDS 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 25th 
of February, 1706-7. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major Nath'l Coddington, Thomas Cornell, 

Major William Wanton, Major Randall Holden, 

Major William Hopkins, Richard Greene, 

George Brownell, Capt. John Eldredge. 

DEPUTIES. 

For Neivport. For Portsmouth. 

Capt. Jonathan Holmes, Mr. George Sisson, 

Capt. James Brown, Mr. Benjamin Hall, 

Lieut. Edward Smith, Mr. Abraham Anthony, 

Capt. John Wanton, Mr. Joseph Cooke. 
Capt. Benjamin Cranston, For Warivick. 

Lieut. Richard Dunn. Mr. Benjamin Barton, 

For Providence. Capt. James Greene, 

Capt. Joseph Jenckes, Lieut. John Waterman, 

Capt. Samuel Wilkinson, Mr. Samuel Wickham. 
Mr. Jonathan Sprague, For Westerly. 

Mr. Joseph Whipple. Capt. James Babcock, 

Mr. Edward Larking. 



4 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

DEPUTIES. 

For Kingstown. For Fast Greemvich. 

Mr. William Knowles, Capt. Thomas Fry. 

Mr. John Corey. Mr. Michael Spencer. 

For Jamestown. 
Mr. Ebenezer Slocum, 
Capt. Edward Carr. 

Capt. John Wanton, Speaker. 
Mr. Jonathan Sprague, Clerk. 

Commissioners to run the northern boundary line. 

Whereas, Col. Dudley, Governor of the Massachusetts Bay, in 
New England, hath signified to this colony now assembled, that 
their General Assembly, at Boston, sitting the Gth of Novem- 
ber, 1706, upon the complaint of some of Mendon against some 
of Providence, that upon pretence of title of lands lying within 
their Province, and particularly those that are assigned to the 
town of Mendon, and have desired him to appoint that certain 
commissioners may be sent to renew the ancient line of their 
province, settled sixty-four years since, by sworn and approved 
surveyors ; and accordingly, Nathaniel Byfield and Nathaniel 
Paine, Esq., Mr. Nathaniel Blagrove, Major Samuel Thacher 
and Capt, John Wards, or any three of them, are appointed and 
empowered, in answer to said act of [the] General Assembly 
in Boston, bearing date as aforesaid. 

Be it enacted by this Assembly and the authority hereof, 
and it is hereby enacted, that commissioners shall be chosen 
out of our government to take an inspection into what said 
commissioners shall do on that survey ; and if said commis- 
sioners take their departure right, then to run with them, that 
so a peace may be continued between them and us ; but if 
otherwise, to forewarn and forbid them, and cause them to de- 
sist: — and in special, if they shall run their line across the 
river that is called Pawtucket or Blackstone River, and so to 
enter on the lands of Providence township, which they hold of 



1707.] AND PROVIDENCE PLANTATIONS. 5 

or from this colony : — and also to run our north line between 
them and us, from Pawtucket Falls to meet with the south line 
of the Massachusetts. 

We therefore appoint and authorize Mr. Thomas Olney, 
Capt. Joseph Jenckes, Capt. Richard Arnold, Mr. Jonathan 
Sprague, Major Randall Holden and Capt. James Carder, or the 
major part of them ; and also that notice shall forthwith be sent by 
His Honor the Governor, to the government of Connecticut, that 
they likewise may come if they please, and see the departure, 
so that they may have no wrong, as well as us. 

Voted, Whereas Col. Dudley hath requested aid against Her 
Majesty's enemies : 

Be it enacted by this Assembly and the authority thereof, 
and it is hereby enacted, that if Major Wm. Wanton or Capt. John 
Wanton, can be prevailed upon, but if they cannot be prevailed 
with to head a quota of men, then shall His Honor the Gov- 
ernor, with advice of his Council on the Island, or others 
that shall be appointed with them, make choice of a Command- 
er, and to be such an one as the soldiers shall accept ; and to 
be on the service four months and no more, without they see 
good to continue longer. 

And it shall be in the power of the Governor, with the ad- 
vice of the, Deputy Governor, and assistants aforesaid, with 
Major Henry Tew, or the major part of them, shall have full 
power to impress a vessel, not exceeding eighty tons, with 
great guns and small and other necessary stores for war ; and 
to grant a commission to beat up for volunteers throughout the 
colony, to the number of seventy or eighty, but not to exceed. 
And if there appear not enough to make up said number of 
seventy, then they shall have power to impress, but not to im- 
press above forty-eight. And all charges shall be paid out of 
the general treasury, by a tax laid on the inhabitants in this 
colony ; always provided, that they shall not have liberty to 
go beyond the latitude herein prefixed, viz. : thirty or forty- 
six, north latitude. And volunteers if disabled in service, shall 
have the same provision for maintenance as those that are im- 
pressed. And the a(oresaid commanders of the cruisers shall 



6 RECORDS OF THE COLONY OF RHODE ISLAND, [1707 

at all times attend to such instructions as they shall receive 
from the Governor, with the advice, as aforesaid. And the 
Governor shall give such commanders a commission or commis- 
sions, as occasion shall require. 

Voted, and be it further enacted by the authority aforesaid, 
That Mr. Waite Winthrop, Col. Elisha Hutchinson, and Mr. 
John Saffin's scandalous letter, the answer thereunto shall be 
drawn by this Assembly, and signed by the recorder. 

Voted, and it is further enacted by the authority aforesaid, 
that execution shall go out against the constables of Warwick 
for the remaining part of that tax that is yet unpaid, that the 
treasurer recovered judgment for, [at] the last Court of 
Trials. 

Voted, and it is further enacted by the authority aforesaid, 
that Abraham Anthony, Jr., in answer to his petition, shall have 
of the recorder the bills of cost [which] were assigned him by 
the Honored Governor, and his money which he put into the re- 
corder's office for re-hearing, according to law, forthwith, or else 
execution shall go forth. 

Voted, and it is further enacted, that [there shall be] an au- 
dit of three men to audit the colony's accounts with all persons 
concerned in the same, and bring in their account at or before 
the General Assembly in May ensuing ; and the. persons so 
chosen, are Mr. John Rodman, Mr. Thos. Olney, Jr., Mr. Job 
Greene. They, orthe major part of them, shall meet in Newport, 
the first Monday in May ensuing. 

Voted, and it is further enacted by the authority aforesaid, 
that there shall be a tax laid on, or levied on the inhabitants 
of this colony, of the sum of £500 for the uses following, viz. : 
£400 towards the expedition of the cruise, and the other £100 
to defray the colony's debts. And this £500 to be gathered 
and brought in to the general treasury by the 1st of May 
next ensuing. 

Bounds of Providence and WarivicJc. 

Voted, That the House of Magistrates and the House of 



1707.] AND PROVIDENCE PLANTATIONS. 7 

Deputies be resolved into a committee to hear and consider of 
the difference between the towns of Providence and Warwick, 
relating [to] the bounds of the townships ; and the matter hav- 
ing been fully debated between the deputies of said towns be- 
fore the Assembly : 

This Assembly do therefore give their advice, that the said 
towns of Providence and Warwick do, by a committee ap- 
pointed and authorized by the freemen of each town, agree 
and make a final issue and determination of said difference re- 
lating [to] the boundaries of their said townships between the 
time of the dissolution of this Assembly and the sitting of the 
General Assembly at the election in May next, and make a re- 
turn of their said agreement to said Assembly for a confirma- 
tion thereof. But in case said advice be not complied with, 
and that the said towns do not agree according to said advice, 
then it is ordered and enacted by this Assembly, that the said 
towns or freemen of said towns of Providence and Warwick do 
prepare themselves by their deputies or other persons, by them 
to be appointed, to appear before the said Assembly at the elec- 
tion in May next, with their town charters and other material 
agreements, with what else may be offered, to set forth the 
bounds and settlements of their said towns, that upon the pe- 
rusal and consideration of said charters, agreements, and all other 
matters and obligations that by said Assembly, there may be a 
final determination and settlement of said bounds between 
said towns. 

An Act for regulating of Tanners, Curriers and Cordwainers. 

For the preventing of deceits and abuses by tanners, cur- 
riers and workers of leather : 

Be it enacted by the Governor, Council and Representatives 
in General Court of Assembly, and by the authority of the 
same, that no person or persons whatsoever, using, or which 
shall use the mystery or faculty of tanning, shall, at any time 
or times hereafter, put to sale any kind of leather, which shall 
be insufficiently tanned, or which hath been over-limed, or burnt 
in lime, or which shall not have been after the tanning there- 



8 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

of, well and thoroughly dried, or that shall not be sealed as in 
and by this act is hereafter directed, upon pain of forfeiting 
the whole side or other piece of leather so offered to sale. 

And no person or persons whatsover, using, or that shall 
hereafter use the mystery or faculty of tanning, shall set any 
of his or their vats in tann hills or other places, where the 
woose or leather is put to tann in the same, shall or may take 
any unkind heat, or shall put any leather in to any hot or 
warm woose whatsover, on pain of forfeiting twenty pounds 
for every such offence. 

And be it further enacted by the authority aforesaid, that 
no person or persons whatsoever, using or occupying, or that 
shall hereafter use or occupy the mystery or faculty of 
currying, or shall or may curry any kind of leather except it 
be sealed, as is hereafter provided, nor shall curry any hides, be- 
ing not thoroughly dried, after his wet season ; in which wet 
season he shall not use any stall urine or any other doubtful, 
subtile mixtures of any thing, way or means to corrupt or hurt 
the same ; or shall curry any wet for outward soles leather, with- 
out any thing thin, good hard tallow, nor with any less of that 
than the leather will receive, nor shall curry any kind of leath- 
er wet for upper leather and inward soles, but with good and 
sufficient stuff, being fresh and not salt and thoroughly liquored 
till it will receive no more ; nor shall burn or scald any hides 
or leather in currying ; but shall work the same sufficiently in 
all points and respects, on pain of forfeiting, for every such of- 
fence or act done contrary to the true intent and meaning here- 
of, every such hide marred or hurt by his evil workmanship or 
handling. 

Be it further enacted by the authority aforesaid, that no 
person or persons using or that shall hereafter use or occupy 
the mystery or faculty of a shoe maker or corclwainer, shall 
work up in to shoes or otherwise, any leather that is not tanned 
and curried as aforesaid, or shall use any leather made of horse 
hides for inner soles for any shoes or boots, on pain of forfeit- 
ing all such shoes or boots or other wares wrought up of such 
insufficient leather. 



1707.] AND PROVIDENCE PLANTATIONS. 9 

And for the more effectual execution of this said act, be it 
enacted by the authority aforesaid, that all leather that is, or 
shall be hereafter tanned or curried, before the same pass out 
of the tanner or currier's yard, house or places respectively 
where it was wrought, be sealed by sworn searchers or sealers 
of leather, by law directed to be annually chosen in such towns 
where there shall be need, who shall have two several marks or 
seals, to be provided by each town for that purpose ; with one 
of which they shall seal all such leather as they shall find to 
be sufficiently tanned in all respects as aforesaid ; and with the 
other, all such leather as they shall find well and sufficiently 
curried, as is before mentioned, and no other. And the search- 
ers and sealers shall, and are hereby authorized and empowered, 
ex officio, to make search and view all respective places or houses? 
shops, warehouses, or other places within the limits of their re- 
spective precincts, where they conceive any leather to be wrought 
into shoes, boots, or any other wares ; or any leather offered to 
be sold, or offered to be searched or sealed ; and shall not be 
well tanned as aforesaid, and well curried according to the afore- 
recited act, and the true intent and meaning thereof; or that 
shall find any leather in whole sides, out of the possession of 
the tanner, or out of the possession of the currier, not being 
sealed with the mark or seal to [be] used for leather well 
tanned or well curried, in all such cases it may be lawful for the 
searchers and sealers to seize all such leather insufficient or un- 
sealed, whether it be wrought up in wares or not. And if the 
owner or challengers thereof, will not submit to the judgments 
of the officer or officers that seize the same, such officer or offi- 
cers shall retain such leather in custody till trial thereof be 
had, as is before directed, and judgment thereon. In such 
cases, the officer shall, within four days after the seizure, inform 
some justice of the peace in said town thereof, who shall there- 
upon appoint four persons or more, honest men, skillful in leath- 
er, to view the same in the owner or claimers presence, or 
without him, if having notice thereof, he doth not appear to re- 
port to any justice of the defect which they find in said leather ; 
which report, said justice shall return unto the next General 

vol. iv. 2 



10 RECORDS OF THE COLONY OF RIIODE ISLAND, [1707. 

Court of Trials for said colony, for a conviction in law on the 
fine imposed. But in case the viewers shall report that they 
do not find said leather or wares, so seized, in any respect de- 
fective according to the intent of this act, the said justice that 
appointed such viewers, shall cause the same to be forthwith 
discharged from the seizure made by such officer or officers. 

And be it further enacted by the authority aforesaid, that no 
person whatsover shall or may withstand or resist the searchers 
and sealers in the execution of their office, nor in the searching 
for any insufficient leather or wares, upon forfeiture of five 
pounds for every such offence, and the fees for searching and 
sealing, one penny per hide, for any parcel less than six hides, 
and for all such parcels, if by the dozen, then eight pence ; 
which fees the tanner or currier shall pay on the sealing there- 
of, from time to time ; and shall also pay three pence per mile for 
every mile every searcher or sealer shall travel above one mile. 
And no searcher or searchers of leather shall [neglect] within con- 
venient time to do his office, and if [he] shall allow any leather 
or wares which is not sufficient, shall be on the pain of forfeiting 
forty shillings ; nor shall [he] take any bribe, nor exact more 
than his fees, on pain of forfeiting £10 for every such offence. 

And be it further enacted, that all such fines, forfeitures 
or penalties as shall arise or grow due by virtue of this act, 
or any clause therein contained, shall be disposed of in manner 
following, viz. : 

One-third part to the town treasury where the offence is 
committed, to pay town charges ; and one-third part for the 
use of the poor of said town ; and the other third part to the 
seizer or informer of such insufficient leather : which fines, pen- 
alties and forfeitures to be recovered by action, bill or plaint or 
information in any Court of Common Pleas, in said colony, before 
any two justices of the peace, when the matter does not exceed 
the value of forty shillings. 

And be it enacted by the authority aforesaid, that when and 
as often as any leather shall be so seized, in the hands of either 
currier or tanner, and become forfeited by virtue of this act 
through their default, and it belongs to any particular person. 



1707.] AND PROVIDENCE PLANTATIONS. 11 

the tanner or currier shall he liable to make satisfaction for the 
same to the person or persons to whom it did belong, to be recov- 
ered in any Court of Common Pleas, or before any two justices 
of the peace, if the value do not exceed forty shillings. And 
for the recovering of the same, two persons knowing in the val- 
ue of leather, shall be, by any justice of the peace in said town 
where such leather shall be seized, appointed to view the same, 
•and make return and report of the value to said justices on 
their engagements, that a lawful recovery may be made to the 
person or persons of such sum or sums of money that be due 
thereby from the offending person. 

And that the persons for searchers and sealers, and [for] clerk 
of the market, or the regulating the bakers for weight of bread, 
according to the acts following and as aforesaid, shall be annu- 
ally chosen and engaged at the time of the election of town 
officers. 

An Act for the due assize of Bread. 

Be it enacted by the authority aforesaid, that henceforward 
every baker shall have a distinct mark for all his bread that he 
sells, and shall put the stamp thereon, and keep the due assize 
hereafter mentioned, on all sorts of loaf bread, that he or she 
shall sell out ; and each loaf to weigh by avoirdupois according 
to the several prices of wheat as hereafter mentioned, according 
to the different prices by the bushel. 

And so, proportionally, under the penalty of forfeiting all 
such bread as shall not be of the several assizes aforementioned 
to the use of the poor of the town where the same shall be 
seized, and lawfully condemned as is before mentioned and or- 
dered for the trial on the seizure and condemnation of leather 
in said act. 

And it is further enacted by the authority aforesaid, that the 
recorder shall, within ten days after the dissolution of this As- 
sembly, send to each town in this colony, copies of this Assem- 
bly's acts, and shall be paid out of the general treasury twelve 
shillings for each copy ; and the said acts to be published by 
beat of drum, under the seal of the colonv. in the town of New - 



12 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

port on Friday next, being the 7th instant ; and that this As- 
sembly be dissolved, and it accordingly is dissolved. 

Representation from the Board of Trade to Queen Anne, in relation 
to the charter governments of Massachusetts, Rhode Island and 

Connecticut. 



To the Queen's Most Excellent Majesty, &c. : 

May it please, &c. : — In obedience to Your Majesty's order in council of the 20th 
of the last month, directing us to enumerate to Your Majesty the several misfeaz- 
ances and illegal proceedings of the proprietary and charter governments in Ameri- 
ca, in prejudice to the trade of this kingdom, and Your Majesty's plantations, and 
the advantages and conveniences that may arise by reducing such proprietary and 
charter governments under Your Majesty's more immediate direction. 

We humbly represent to Your Majesty, that those colonies in general, have no 
■ways answered the chief design for which such large tracts of land, and such privi- 
leges and immunities were granted by the crown. 

That they have not conformed themselves to the several acts of Parliament, for 
regulating trade and navigation, to which they ought to pay the same obedience, 
and submit to the same restrictions, as the other plantations, subject to Your Majes- 
esty's immediate government. On the contrary, in some of these proprietary and 
charter governments, viz. : Connecticut and Rhode Island, the governors have not 
applied themselves to Your Majesty for your royal approbation and allowance of 
the said governors, nor have taken the oaths required by the acts of trade ; both 
which qualifications are made necessary by the late act, for preventing frauds, and 
regulating abuses in the plantation trade. 

That they have assumed to themselves a power of making laws contrary and re- 
pugnant to the laws of England, and directly prejudicial to legal trade. 

That divers of them have denied appeals to Your Majesty in council, by which 
not only the inhabitants of those colonies but others Your Majesty's subjects are de. 
prived of that benefit enjoyed in the plantations under Your Majesty's immediate 
government, and the parties aggrieved are left without remedy against the arbitra- 
ry and illegal proceedings ot their courts. 

That these colonies are the refuge and retreat of pirates and illegal traders, and 
the receptacle of goods imported thither from foreign parts contrary to law. In re- 
turn of which commodities, those of the growth of these colonies are likewise con- 
trary to law, exported to foreign parts ; all which is much encouraged by their not 
admitting appeals as aforesaid. 

That they give protection to soldiers, seamen, and servants that desert from other 
Your Majesty's plantations, and do not deliver them up when reclaimed ; and do 
also give shelter to malefactors who make their escapes from other parts without de- 
livering them up when demanded, and great numbers of the young men leave the 
plantations under Your Majesty's government (where they are obliged to be indus- 
trious and pay taxes for the support of the public charge, and maintaining the war 
against the French and Indians), and go to the proprietary and charter governments 
and are there induced to settle chiefly, for that no taxes are raised there for those 
necessary purposes. 



1707.] AND PROVIDENCE PLANTATIONS. 13 

That these independent colonies do turn the course of trade to the promoting 
and encouraging woolen and other manufactures proper to England, instead of ap- 
plying their thoughts and endeavors to the production of such commodities as are 
lit to be encouraged in those parts, according to the true design and intention of 
such settlements. 

That they do not, in general, take due care for their own defence and security 
against an enemy, either in building forts, or in providing their inhabitants with suf- 
ficient arms and ammunition, against an attack, which is every day more and more 
to be apprehended, considering how the French power increases in those parts. 
Nor have some of them any regular militia established amongst them. 

That these mischiefs chiefly arise from the ill use they make of the powers en- 
trusted to them by their charters, and the independency which they pretend to, 
presuming that each government is obliged only to defend itself, without any con- 
sideration had of their neighbors, or of the general preservation of the whole. 

That upon this presumption, they do refuse to furnish their quota of assistance 
(during the war) to the other plantations under Your Majesty's immediate govern- 
ment, notwithstanding Your Majesty's repeated commands by your royal letters in 
this behalf. 

That under color and pretence of their charters, several of them try robberies, 
murders and other crimes, make laws in capital matters, and punish with death 
without any legal authority for the same. 

That they have refused to submit to Your Majesty's and His Royal Highness's 
commissions of Vice Admiralty, and for commanding their militia, and have defeat- 
ed the powers given to the Governors of Your Majesty's neighboring colonies 
therein. 

And whereas, upon our several representations of the great mischief arising to 
Your Majesty's plantations by the different value of coins, Your Majesty was pleas- 
ed to issue out your royal proclamation for settling and ascertaining the current 
rates of foreign coins in all Your Majesty's plantations in America : we did accord- 
ingly transmit to the several colonies Your Majesty's said proclamation and com- 
mands, that the same should be put in strict execution in all parts ; notwithstanding 
which, we have received informations from several of Your Majesty's Governors, 
that many of the proprietary and charter governments have not complied there- 
with ; but that the people there have proceeded to reduce the coin by clipping to a 
lower value than before, which is allowed to pass at any rate, in order to drain Your 
Majesty's other plantations of their current money, so that those Your Majesty's 
commands will by such means remain ineffectual until the several colonies in 
America be so regulated, as to be brought under the same direction and govern- 
ment. 

We take leave further to lay before Your Majesty some particular misfeazances 
of several of the said charter governments. 

As to the charter government of the Massachusetts Bay : 

We have very lately received information from Col. Dudley, Your Majesty's 
Governor of that province, that in obedience to Your Majesty's commands conern- 
ing coin, he had published the aforesaid proclamation, and accordingly directed in his 
speech to the Assembly of that province, that they would proceed to enforce Your 
Majesty's commands by adding just and severe penalties to any hereafter offering 
clipped money or other light money by fale ; but could not obtain any thing to be 



14 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

done therein, whereby the people will he encouraged to use their former way of 
payments in light and clipped money. 

Col. Dudley does likewise inform us, that notwithstanding Your Majesty's repeat- 
ed letters signifying your just expectations, that the Assembly there should take 
care to rebuild a good fort at Pemaquid, which they, by their negligence, lost dur- 
ing the last war, to the French and Indians ; as also, that they should contribute 
towards the fort at Piscataqua, the same being of absolute necessity for the security 
of those colonies, and for protecting irom the French and Indians Your Majesty's 
subjects, in providing masts and other naval stores for the use of Your Majesty's 
royal navy ; — they have absolutely refused to comply with Your Majesty's directions 
therein ; as they have also refused to settle any fixed salary pursuant to Your Maj_ 
esty's commands, upon Your Majesty's Governor and Lieutenant Governor of that 
province ; but at the year's end, they give them, as also to the judges and other 
civil others, such allowances as they pretend to judge they may have deserved 
which renders the support of the said Governors and other officers, precarious and 
dependent on the people. 

In relation to the charter government of Rhode Island : 

We are likewise informed by Col. Dudley, that if any of Her Majesty's subjects 
not being inhabitants of that colony, sue for a debt in their courts, they can have 
no right done, if the defendant be one of that colony. 

That when he, Col. Dudley, went to Rhode Island to publish Your Majesty's 
commission, empowering him to command their militia during the war, as likewise 
another commission from His Royal Highness, by which he is invested with the 
power of Vice Admiralty, the Governor and council of that Island used indecent 
expressions, saying, they were ensnared and injured, nor would not give (nor have 
they since given) due obedience to the said commissions. 

That when he desired to review their militia, in order to the making proper reg 
ulations, he could not obtain any compliance from them, notwithstanding Your 
Majesty's express commission to command their militia as aforesaid ; but on the 
contrary, they said they would rather lose all at once, than by pieces. 

The said Col. Dudley further gives us an account, that he had sent to the gov- 
ernment of Rhode Island Your Majesty's order of council of the 28fh of January, 
1703-4, for repealing an act made in that colony for establishing Admiralty Courts 
there, unto which they had promised obedience. But that, nevertheless, after the 
receipt of such Your Majesty's repeal of that act, they had presumed to grant a 
commission to John Halsey, a privateer ; and have by a declaration in their General 
Assembly, insisted that they have power so to do, though no such power is granted 
to them by their charter ; which privateer having brought in a Spanish prize, 
they resolved to proceed to the condemnation thereof, in their pretended 
court, notwithstanding the admonitions which they received to the contrary, from 
Col. Dudley, and the judge of the Admiralty constituted for those parts by His 
Royal Highness. 

That the Quakers by their numbers, power and interest in this government, wilj 
not admit of any persons of estates or abilities into any places of public trust. 

In relation to the charter government of Connecticut : 

We humbly represent, that under the color of their charter, they do unduly try 
robberies, murders, and do likewise refuse to submit to Your Majesty's and His 



1707.] 



AND PROVIDENCE PLANTATIONS. 15 



Royal Highness's commissions of Vice Admiralty, and for commanding their 
militia, as is set forth in the like articles relating to Rhode Island. 

That they have refused to allow of appeals to Your Majesty in council, and give 
great discouragements and vexation to those that demand the same. 

That upon a complaint lately made to Your Majesty by the Mohegan Indians, in- 
habiting in Connecticut colony, of their being unjustly deprived of their lands by 
that government, Your Majesty was graciously pleased to grant a commission under 
the great seal of England, constituting Col. Dudley and others therein named, com- 
missioners for inquiring into the complaints of the said Mohegan Indians. 

Whereupon, Col. Dudley and the rest of the commissioners, [on] going to Con- 
necticut to put Your Majesty's said commission in execution, the magistrates of that 
colony came in a forcible and imperious manner to the commissioners then sitting, 
and read a protestation against the authority of the court so constituted as aforesaid ; 
and upon Col. Dudley's desiring their patience, and promising them they should be 
heard in their turn, they answered that the said commissioners had no business 
there, and that they were no court ; that they would not be put upon ; and one of 
the persons complained of, told them he was forbid by that government to make an- 
swer to what should be inquired of him. Of all which particulars, relating to the 
aforementioned colonies, with depositions as transmitted by Col. Dudley, are lying 
before us. 

As to the advantages and conveniences that may accrue, by reducing such pro- 
prietary and charter governments to Your Majesty's immediate direction, upon 
which we are directed to offer our opinion to Your Majesty, we humbly conceive, 
that from the aforesaid irregular and illegal proceedings, it will be easily judged of 
what great benefit the re-uniting to the crown the government of all these colonies 
will necessarily be to YourMajesty's other dominions, by the removal of these incon- 
veniences, and by the uniformity and more due regulation of trade, by the good cor- 
respondency that may be established thereby between Your Majesty's several plan- 
tations, and by the common and mutl defence of all, as well as by preventing the 
great and frequent oppositions that are made to Your Majesty's laws and gov- 
ernment; by which means Your Majesty's empire in America, which is of so great 
an extent, will be better secured from the attempts of an enemy, and become in all 
respects of greater advantage to this kingdom, and to Your Majesty's revenue aris- 
ing from those parts. 

All which is nevertheless most humbly submitted. 

DARTMOUTH, 
ROBERT CECILL, 
PH. MEADOWS, 
WM. BLATHWAYT, 
JOHN POLLEXFEN, 

Whitehall, Jan'y 10, 1705-0. MAT. PRIOR. 

Report of the Attorney and Solicitor Generals, on the letters of Cot. 
Dudley and Lord Cornhur//. 

To the Queen's Most Excellent Majesty . 

May it please Your Majesty : — In humble obedience to Your Majesty's order in 
council, we have considered of the annexed extract of a representation from tlie 



16 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

Lords Commissioners of Trade and Plantations, upon letters received from Colonel 
Dudley, Your Majesty's Governor of the provinces of Massachusetts Bay and New 
Hampshire, complaining of great inconveniences happening to him in that govern- 
ment, from disorders in Rhode Island, for want of good government there ; and also 
upon letters received from the Lord Cornbury, Your Majesty's Governor of New 
York, complaining of the like inconveniences from disorders in the colony of Con- 
necticut ; that and Rhode Island being charter governments. And also of the re- 
port of the attorney and solicitor general of the late King William and Queen 
Mary, made in July, 1694; and we do concur with them in their opinions 
therein mentioned, that upon an extraordinary exigency, happening through the de- 
fault or neglect of a proprietor, or of those appointed by him, or their inability to 
protect or defend the province under their government, and the inhabitants there- 
of in times of war or imminent danger, Your Majesty may constitute a governor of 
such province or colony, as well for the civil as military part of government, and 
for the protection and preservation thereof, and of Your Majesty's subjects there ; 
with this addition only, that as to the civil government, such governor is not to 
alter any of the rules of property or methods of proceedings in civil causes, estab- 
lished pursuant to the charters granted, whereby the proprietors of those colonies 
are incorporated ; on perusal of which charter, we do not find any clauses that can 
exclude Your Majesty (who have a right to govern all your subjects) from naming 
a governor on Your Majesty's behalf, for those colonies, at all times. 
All which is humbly submitted to Your Majesty's great wisdom.* 

£DW. NORTHEY, 
SIM. HARCOURT. 



* J. Carter Brown's Manuscripts, Vol. VIII., Nos. 504, 520. 



AND PROVIDENCE PLANTATIONS. 



17 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the &h of May, 
the day before the Election, for the preparation of the Election, 
for the ensuing year 1707. 

Col. Samuel Cranston, Governor, 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

The several assistants were present. 



DEPUTIES. 



NeivporL 
Capt. Jonathan Holmes, 
Capt. Edward Pellham, 
Capt. James Brown, 
Capt. John Cranston, 
Sergeant Edward Thurston, 
Lieut. Edward Smith. 

Providence. 
Capt. Joseph Jenckes, 
Mr. Jonathan Sprague, 
Ensign Samuel Comstock, 
Lieut. Thomas Olney. 

Portsmouth 
Mr. Benjamin Hall, 
Mr. Benjamin Shearman, 
Capt. Edward Arnold, 
Mr. Abraham Anthony. 



Warwick. 

Mr. Benjamin Barton, 
Capt. James Carder, 
Capt. James Greene, 
Mr. Samuel Greene. 

Westerly, 
Capt. William Champlin, 
Mr. George Denisson. 

Kingstoivn. 
Mr. George Hassard, 
Mr. Christopher Champlin. 

Jamestoivn. 
Mr. Edward Carr, 
Mr. John Weeden. 

Greemvich. 
Mr. Thomas Nichols, 
Mr. Thomas Spencer. 



Capt. Joseph Jenckes, chosen speaker, 
Mr. Edward Thurston, clerk. 



Mr. Giles Slocum, Benjamin Belcher, George Golding, Jireh 
Bull, Capt. Benj. Ellery, Augustus Lucas, Jos. Chanterlin, 
VL. iv. 3 



18 RECORDS OF THE COLONY OF RHODE ISLAND [1707. 

John Cranston, Jr., Thomas Mellis, John Bear, John Right, Pe- 
leg Charnbeilin, James Carey, Nichloss Lang, Joseph Gold- 
smith, Jonathan Nicholds, Daniel Guild, Samuel Cranston, Jr., 
all of the town of Newport, admitted freemen of the colony. 

George Lawton, George Hall, Joseph Sheffield, Lott Tripp, 
Thomas Burden, John Slocum, Jonathan Lawton, William Ben- 
nington, Jr., George Lawton, son of George Lawton, Jr., de- 
ceased, John Vaughan, all of the town of Portsmouth, admitted 
freemen of the colony. 

John Perce, and Christopher Vaughan, of the town of East 
Greenwich, admitted freemen of the colony. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the first 
Wednesday in May, 1707. 

The following were chosen, and severally engaged. 

GOVERNOR. RECORDER. 

Col Samuel Cranston. Weston Clarke. 

DEPUTY GOVERNOR. SHERIFF. 

Walter Clarke. Mr. Nicholas Lang. 

ASSISTANTS. GENERAL TREASURER. 

Maj. Wm. Wanton, Capt. Nathaniel Sheffield. 
Capt. John Rogers, general attorney. 

Mr. Joseph Williams, Capt. Simon Smith. 
Capt. Thos. Fenner, major of the island. 

Mr. George Brown, Maj. Wm. Wanton. 
Mr. Thomas Cornell, major of the main land. 

Maj. Randall Holden, Mr. Joseph Jenckes, 
Mr. Richard Greene, 
Capt. Jeoffrey Champlin, 
Capt. John Eldredge. 



1707.] AND PROVIDENCE PLANTATIONS. 19 

The following Justices of the Peace were chosen : 

For Newport — Capt, Nathaniel Sheffield, Lieut. Edward 
Smith, Mr. Edward Thurston. 

For Providence — Mr. Philip Tillinghast, Mr. Eleazer Arnold, 
Mr. Richard Waterman. 

For Portsmouth— Mr. Benj. Hall, Capt Caleb Arnold, Mr. 
Daniel Pearce. 

For Warwick — Capt. Simon Smith. 

For Westerly — Capt. William Champlin, Mr. Peter Crandall, 
Mr. Isaac Thomson. 

For Kingstown — Mr. Stephen Hassard, Mr. Christopher Al- 
len, Mr. William Hall. 

For Greenwich — Capt. Thos. Fry, Mr. Pardon Tillinghast. 

Mr. James Clarke chosen packer, gauger and sealer. 

May the lWh, 1707. 

Then the Honorable Col. Samuel Cranston, Esq., Governor, 
made oath before Francis Brinley and Jahleel Brenton, Esqrs., 
and four of the council, to the act of trade and navigation. 

Whereas, it hath been laid before this Assembly by some of 
the town of Portsmouth, on Rhode Island, that most of the 
towns in this colony have town charters, whereby they have 
power given them according to the power given us by His Sa- 
cred Majesty, in his charter to us, that we may settle the limits 
of townships in said colony, and give such power proper and 
needful for the regulating and ordering each town in their pru- 
dential affairs and town orders within their said townships, and 

for the town of Portsmouth, be it enabling them to 

make such prudential acts consonant to the privileges of Her 
Majesty's subjects incorporated within a township. 

Therefore, be it enacted by the Honorable Governor and assist- 
ants with the house of representatives convened in General As- 
sembly, and it is hereby enacted by the authority thereof, that 
the freemen of the township of Portsmouth, legally called to- 
gether, and met on their day or days and time appointed to con- 



20 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

sider and act on such prudential affairs, in passing acts and or- 
ders for the duly governing the affairs only needful, proper and 
necessary for said town, on any or all said prudential affairs, and 
such acts so made, shall be good and allowable, and in proper 
force and strength for them to act by, and so executed any act 
or acts to the contrary, in any wise, notwithstanding. 

And be it further enacted by this Assembly and the authori- 
ty thereof, that for the encouragement of the Honored Governor 
for his service done for the colony, it is ordered, that he shall 
be allowed for a gratuity for this year ensuing, the sum of 
£40 besides his salary, to be paid out of the first money which 
is to be assessed on the colony. 

Act for the appraisement of goods taken on execution. 

Be it enacted by the authority aforesaid, and it is here- 
by enacted, that all such goods, viz. : as cattle or chattels, 
that shall be seized or distrained upon by the sheriff of this 
colony or his deputy, upon any execution or executions, being 
justly appraised as money by two town appraisers, freemen of 
this colony, shall be taken and accepted as money by the per- 
son who takes out the execution, being tendered unto him by 
the sheriff, and the sheriff thereby discharged ; he delivering 
the whole sum or sums to the person or persons taking out the 
execution ; any act in this colony to the contrary, notwithstand- 
ing. Always provided, that what shall be so seized be kept 
ten days, that the person executed upon, may replevy the 
same, if he shall see cause ; but if not replevied within said 
time, then to be disposed of as aforesaid ; and that the charge 
of keeping such goods or chattels, be paid out of the same, 
and the overplus if any, after said execution be satisfied and 
charges paid, shall be returned to the owner. 

And be it further enacted, that whereas Providence and 
Warwick have agreed about the line that parts their juris- 
dictions, it is confirmed according to the express boundaries 
therein mentioned, so far as their said towns doth extend west 
within this colony, according to purchase or grant. 

Be it further enacted, that whereas there were commission- 



1707.] AND PROVIDENCE PLANTATIONS. 21 

ers chosen by this colony to treat with the gentlemen of Bos- 
ton, about the north bounds of this colony, it is ordered that 
said commissioners shall be allowed out of the general treasu- 
ry forty-eight shillings, money. 

And be it further enacted by this Assembly and the authori- 
ty thereof, that whereas Christopher Almy hath made his hum- 
ble petition to this Assembly, praying relief from the judgment 
given against him at the Court of Trials, the 25th of March last, 
and the court finding the judgment to be just ; and upon his 
humble acknowledgment and promising better behaviour for the 
future, this Assembly do order, that £40 of said fine be remit- 
ted, and that he pay ten pounds, the remaining part of said 
fine ; and be continued under bonds according to the judgment 
of said court, for his good behaviour, to the next Court of Tri- 
als, and pay all charges that hath arisen upon the same ; then 
he shall be discharged from the prison. 

And it is ordered by this Assembly, that there be an audit 
appointed to audit the general treasurer's accounts, and all 
other accounts concerning the colony. 

The persons appointed, are Mr. Robert Gardner and John 
Anthony, for Newport and Portsmouth ; Lieut. Thomas Olney 
for Providence ; Capt. James Greene, for Warwick ; they, or 
the major part of them, to sit in Newport the last Tuesday of 
this month of May, in order against the next General As- 
sembly. 

This Assembly having considered the petition of Mr. John 
Nelson, of Boston, merchant, do not find that there is any mat- 
ter cognizable before them ; but that the said Nelson hath his 
remedy against the sheriff, if he hath executed contrary to 
law. 

The Assembly having considered the complaint of Mr. Daniel 
Coggeshall, against Capt. Edward Carr, and Mr. John Weeden, 
wardens of Jamestown, for mal-administration of their offices, 
it is by the unanimous vote of the Assembly declared, that the 
said Carr and Weeden are not guilty of the charge exhibited 
against them by said Ooggesmdl. 



22 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

And it is enacted by this Assembly, that Daniel Coggeshall, 
of Kingstown, shall pay a bill of cost to Capt Edward Carr 
and Mr. John Weeden, for his unjust molestation, and be bound 
in bonds of £20, for his good behaviour till the next General 
Court of Trials. 

This Assembly having considered the petition of Mr. Thos. 
Whipple, that he might have execution for the sums of money 
recovered of him by Resolved Waterman, and the several costs 
which were given unto him upon reversion of former judgment 
at the Court of Trials the 25th of March, 1707 : 

Ordered, that copies of this Assembly's acts be forthwith 
published by beat of drum, in the town of Newport, and copies 
thereof sent to each town, under the seal of the colony within 
ten days ; and the recorder to have six shillings for each copy 
paid by the general treasurer, and upon the publication hereof, 
this Assembly is dissolved. 

Board of Trade to the Governors of Rhode Island, Connecticut and 
Pennsylvania. 

To the Lords Proprietors, &c. : 

Gentlemen : Her Majesty having been graciously pleased by her commission un- 
der the great seal of England, to authorize and constitute us (together with Mr. 
Stepney) her commissioners for promoting the trade of this kingdom, and for in- 
specting and improving her plantations in America and elsewhere, we have thought 
fit to acquaint you, that it is Her Majesty's pleasure and express command, that the 
Governors of all her foreign plantations, do, from time to time, give unto us frequent 
and full information of the state and condition of their respective governments and 
plantations, as well with regard to the administration of the government and justice 
in those places, as in relation to the commerce thereof; and more particularly, that 
the said Governors transmit unto us yearly accounts of their said administration, by 
way of journal, together with the acts of the Assemblies in the respective planta- 
tions. All which things you are therefore accordingly to observe in relation to the 
colony of Rhode Island (colony of Connecticut [and the] province of Penn- 
sylvania). 

Particularly we desire you to inform us what number of inhabitants there are 
within that whole colony (province), what of freemen, and what of servants, white 
and black. 

To what degree are those numbers increased or decreased within five years last 
past ? 

What is the whole number of the militia of that colony (province) V 

What commodities are exported from that colony (province) to England ? 



1707.] AND PROVIDENCE PLANTATIONS. 23 

What trade is there, either by exportation or importation, with any other place ? 
and from whence is that colony (province) now furnished with supplies (particular- 
ly of any manufactures) that it was wont to be furnished withal from England V 

How and in what particulars is the trade of that colony (province) increased or 
decayed of late years ? and what hath been the reason of such increase or decay ? 

What are the present methods used to prevent illegal trade ? and what further 
methods do you think advisable for that purpose ? 

What number of ships or other vessels are there belonging to that colony (prov- 
ince), and what number of seafaring men ? 

What number and what sorts of those vessels have been built there ? 

What manufactures are settled in that colony (province) of any sort what- 
soever ? 

To all which inquiries we also further desire you to add whatever else you mav 
in your own prudence think conducive to Her Majesty's service, to the interest of 
England or to the advantage of that particular colony (province). 

An act having been passed the last sessions of Parliament for a perfect and en- 
tire union of the two kingdoms of England and Scotland, we send you one of the 
said acts, that it may be published in the most solemn manner in the colony of 
Rhode Island (colony of Connecticut, [and] province of Pennsylvania^), and that 
you may take notice, that Scotchmen are thereby to be looked upon for the future 
as Englishmen to all intents and purposes whatsoever. So we bid you heartily fare- 
well.* Your very loving friends, 

STAMFORD, 

DARTMOUTH, 

HERBERT, 

PH. MEADOWS, 

I. PULTENEY, 

Whitehall, May the 7th, 1707. R. MONCKTON. 



Proceedings of the General Assembly held for the Colon?/ of 'Rhode 
Island and Providence Plantations, at Newport, the 28th day 
of May, 1707. 

Col. Samuel Cranston, Governor, 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major William Wanton, Mr, Richard Greene, 

Capt. John Rogers, Capt. Jeffrey Champlin, 

Mr. George Brownell, Capt. John Eldredge. 
Mr. Thomas Cornell, 



* J. Carter Brown's Manuscripts, No. 505, Vol. VIII. 



24 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

Capt. James Greene, chosen speaker. 
Mr. John Rhodes, chosen clerk. 

Be it enacted by the Honorable Governor and council and 
house of representatives convened in General Assembly, and 
by the authority of the same it is enacted, that each town in 
this colony now established, or that may hereafter be estab- 
lished, may be, and have hereby granted unto them full power 
and authority to settle such coves, creeks, rivers, waters, banks 
bordering upon their respective townships, as they shall think fit 
for the promotion of their several towns and townships, by build- 
ing houses, and warehouses, wharfs, laying out lots, or any other 
improvements, &c, as the body of freeholders,, and freemen of 
each town shall see cause for, or the major part of them, for their 
most benefit, not prejudicing any particular person in their 
proper original grants or purchases upon any the aforesaid 
harbors, coves, creeks, &c, which we doubt not but will much 
promote the interest of Her Majesty, and the good of her good 
subjects in said colony, for the promoting of trade and naviga- 
tion. 

It is further enacted by the authority aforesaid, that there 
shall be a levy of £1500 forthwith, to be levied on this colony, 
to be paid at two payments ; that is to say, £1000 to be col- 
lected, gathered and brought in to the general treasurer by the 
last of August next ensuing ; and £500 to be collected and 
brought in to the general [treasurer] by the 1st of November 
next ensuing the date hereof. 

Newport . . . .£284 18a. id. New Shoreham £30 00a. Od. 

Providence 161 00 Greenwich 29 14 8 

Portsmouth 158 06 8 Jamestown 46 06 8 

Warwick 58 08 6 

Westerly 55 13 4 £1000 00 

Kingstown 175 05 

And the remaining £500 to be paid to the general treasury 
by the 1st of November next ensuing. 

And it is ordered, that the £1500 be levied in each town in 
said colony by the last of June next ensuing, in order to be 



1707.] AND PROVIDENCE PLANTATIONS. 25 

brought into the general treasury according to the acts of the 
General Assembly, aforesaid. 

And it is further enacted by the authority aforesaid, that 
each town in this colony take an exact account of all their 
ratable estates, both real and personal ; and bring a true ac- 
count of the same to the next General Assembly, at Warwick, 
to the end that a committee be then chosen that may propor- 
tion each town's rate in equality ; and in case of any town's 
non-performance of said act, said town shall be liable to be pro- 
portioned by said committee ; and in case any town neglect, 
that town shall have no ■ on the committee, notwith- 
standing any act or acts to the contrary. And that the rate 
be proportioned according to the late proportion of the £500 
rate. 

And if Portsmouth or any other town be over rated in said 
rate, that in the next rate they shall have it returned or 
abated. 

And it is further enacted by the authority aforesaid, that Mr. 
Ebenezer Slocum have [the] privilege to keep a ferry on the 
west side of Canonicutt Island, from the highway against the 
beach at Darnell's landing place, at Kingstown, on the same 
terms as other ferries are stated, for two years. The said Slo- 
cum finding sufficient boats and wharves, and passage for trav- 
ellers ; and performing all other things imposed on other ferries 
in all respects. 

It is enacted by this Assembly and the authority thereof, 
that the wardens of the town of [New] Shoreham, alias Block 
Island, have power granted them, and they are hereby authorized 
and empowered during the time of war, to grant forth their war- 
rants to the constables of their said town, to gather and collect 
all public and town rates, and to make distraints if occasion be, 
returning the overplus according to law. And the said consta- 
bles are hereby ordered and required to execute all such war- 
rants to them granted ; and upon default thereof, to be under 
the same penalty as is granted by the general treasurer for 
public rates ; any act to the contrary notwithstanding. 

And it u further enacted by said Assembly ani the authori- 

VUL. iv. 4 



26 RECORDS OF THE COLONY OF RHODE ISLAND, [1701'. 

ty thereof, that Mr. John Odlin, of Newport, and Mr. John 
Anthony of Portsmouth, Capt. Thomas Olney, of Providence, 
Capt. Benjamin Greene, of Warwick, Capt. Edward Carr, of 
Jamestown, and Weston Clarke, recorder, or the major part of 
them, meeting, are appointed a committee to audit the colony 
and general treasurer's accounts ; and to begin their work at 
the colony house, in Newport, the 1st day of October next en- 
suing ; and to continue on said work till they have fully com- 
pleted the same ; and to make return thereof, under their 
hands to the General Assembly, at Warwick, the last Wednes- 
day in October next ; and said committee to be allowed three 
shillings per clay each man, while on said work. 

And it is further enacted, that the Governor of this colony., 
his dwelling house and conveniences belonging to the same, 
shall not be liable to any public rate or tax during his continu- 
ance in said office, but shall be wholly quit and free from 
the same. 

It is also enacted, that the [militia of the] town of Westerly, 
upon their humble petition, shall be divided into two compa- 
nies, as shall be proportioned by the town council of said town, 
with the advice and approbation of the major on the maine land 
in this colony ; and that the listed soldiers, upon the division, 
have the power to elect their commissioned officers and others, 
as is customary, and make return thereof to the Governor. 

Upon the humble petition of William Collins, of Newport, 
tanner, to this Assembly, for the chancerizing of two bonds, 
one of thirty-six pounds, five shillings, and one of twenty-five 
pounds ; which bonds were sued, with the penalty, by Mr. 
Nathaniel Newdigate, of Bristol, merchant, at a general Court 
of Trials, held at Newport, the first Tuesday in September last ; 
which bonds, with the penalty, was found by verdict of jury 
against said Collins' surety, for one Benjamin Howe. 

This Assembly considering the matter, do order and enact, 
that the said bonds be by the Governor and council truly 
chancerized to the principal and interest, and entered on said 
bonds, signed by the recorder. 

And it is further ordered by this Assembly, that execution 



1707.] AND PROVIDENCE PLANTATIONS. 27 

shall be granted by the recorder for only principal and interest 
and cost of court ; and that if any execution be already grant- 
ed contrary hereunto, that the same be stopped and called in 
again. 

Whereas, the body of a negro man which was a late slave to 
Mr. Thos. Mumford, of Kingstown, and [who had] committed the 
horrid and barbarous murder upon the wife of the said Mumford, 
about two weeks since, as is justly concluded, was found dead 
upon the shore of Little Compton, in the province of the Mas- 
sachusetts Bay, which said negro, it is believed and judged, 
after he had committed said murder, threw himself into the sea 
and drowned himself, by reason he would not be taken alive ; 
and the said negro's body being now brought into the harbor 
of Newport : 

It is ordered by this Assembly, that his head, legs, and arms 
be cut from his body, and hung up in some public place, near 
the town, to public view, and his body to be burnt to ashes, 
that it may, if [it] please God, be something a terror to 
others from perpetrating of the like barbarity for the future. 

Ordered, that the acts of this Assembly be forthwith pub- 
lished by beat of drum in the town of Newport ; and copies 
sent forth by the recorder to each town, under the seal of the 
colony, in ten days ; and the recorder to have five shillings 
for each copy paid by the general treasurer, and the Assembly 
is dissolved. 



28 



RECORDS OF THE COLONY OF RHODE ISLAND, 



[1707- 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the 29/A day of 
October, 1707. 

(Present.) 
Col. Samuel Cranston, Governor. 

ASSISTANTS. 

Major William Wanton, . Mr. Richard Greene, 
Capt. John Rogers, Capt. Jeoffrey Champlin, 

Mr. Joseph Williams, Capt. John Eldredge. 

Major Randall Holden, 



DEPUTIES. 



For Newport 
Capt. James Barker, 
Mr. Thomas Gould, 
Lieut. John Holmes, 
Mr. Henry Brightman, 
Mr. William Coddington. 

For Providence. 
Capt. Richard Arnold, 
Capt. Samuel Wilkinson. 
Mr. Philip Tillinghast, 
Mr. Arthur Fenner. 

For Portsmouth. 
Mr. George Sisson, 
Mr. Joseph Cooke, 
Mr. John Coggeshall, 
Mr. Thomas Durfee, Jr. 



For Waniick. 
Mr. Job Greene, 
Capt. James Greene, 
Capt. Simon Smith, 
Mr. Malachi Rhodes. 

For Westerly. 
Capt. William Champlin- 
Mr. John Sanders. 

For Kingstoivn. 
Mr. William Knowles, 
Mr. Alexander Huling. 
For East Greenwich, 
Mr. Thomas Nichols, 
Mr. Thomas Spencer, 

For Jamestown. 
Capt. Edward Carr, 
Mr. John Hull. 



Weston Clarke, recorder. 
Mr. Nicholas Lang, sheriff; 



1707.] AND PROVIDENCE PLANTATIONS. 29 

Capt. Richard Arnold, chosen Speaker. 
Capt. Simon Smith, chosen clerk. 

Voted, be it enacted by this Assembly and the authority 
thereof, and it is hereby enacted, that all executions granted 
to the sheriff to execute, if the person or persons against whom 
it was granted, refuse payment to answer the execution, then 
shall the sheriff execute on his goods, cattle or chattels, so 
much as will answer the execution, and -secure them in his cus- 
tody ten days for the person or persons to replevin, if he see 
good ; but if he refuse, then the sheriff shall get them ap- 
praised by honest and indifferent men, who shall be sworn 
thereunto, and make tender of the goods so appraised, to the 
person or persons who took out the execution. And if he re- 
fuse to receive them at the appraisement, then to expose them 
to sale by out-cry, for money, for as much as will answer the 
execution, and pay all charges thereon arising. And if the 
sheriff seize more goods than will answer the debt and pay the 
charges as aforesaid, then to return the overplus to the owner ; 
any act or acts, in this colony heretofore made, to the contrary 
notwithstandinc;. 

Voted and enacted, that the accounts of the ratable estates 
now presented, be by each town drawn in a good form, and 
presented to the next Assembly. 

Voted and ordered by this Assembly, that Jonathan Meerom 
be allowed his wages, as other soldiers for, the time he was out 
with Col. John Wanton. 

Voted, that Mr. Nathaniel Blagrove, upon his petition, be 
admitted a freeman of this colony, he having purchased a free- 
hold in the colon} r . 

Case of King vs. Carpenter. 

An appeal of John King, of Providence, appellant to the 
General Assembly, sitting at the town of Warwick, from a 
judgment of a Court of Trials, the first Tuesday in September, 
1707, where Jos. Carpenter, of Musketo Cove, on Long Island, 



30 RECORDS OF THE COLONY OF RHODE ISLAND, [1707. 

appellee, recovered a verdict of jury and judgment of court, 
in an action of trespass and ejectment, for sundry lands men- 
tioned in the declaration ; and the case on both sides being 
pleaded and heard before the Assembly, the vote of the As- 
sembly is : 

That the verdict of jury and judgment of court in the right 
of Joseph Carpenter, is good, and ought not to be reversed. 
And there being a further plea by the appellant, that the As- 
sembly would chancerize the charges expended by William 
Vinson, deceased, on the land sued for ; and after much debate 
before the Assembly, the appellant and appelee agreed as fol- 
loweth : that Joseph Carpenter, the appellee, shall pay unto the 
said John King, for the use of the children of the said William 
Vinson, deceased, the sum of £20, money; £10, within six 
months, and the other £10, within twelve months, which will 
be on the 1st day of November, in the year 1708, at the place 
called Pawtuxet. And the said King is to have the cost paid 
into the recorder's office ; the officer's fees being deducted. 
And in consideration of said agreement, the said King is to de- 
liver on the 1st day of November, now coming, quiet and 
peaceable possession of the housing, lands, premises and ap- 
purtenances sued for and recovered, according to the verdict of 
jury and judgment of court, the first Tuesday in September, 
1707 ; and the said parties have agreed that each of them bear 
their ow T n charge on all the trials. 

Survey of the Northern Boundary line. 

Voted, this Assembly having considered the circumstances 
of the late difference that hath happened between the town of 
Providence and the town of Mendon, and do well approve of 
the Honored Governor's letter to the Governor of the Massa- 
chusetts ; and we judge it expedient for this Assembly to lay 
the matter before the General Assembly of the Massachusetts, 
now sitting, for their concurrence with us ; and that there 
may be commissioners now appointed and fully empowered 
to treat and settle the same, which are, viz. : 



1707.] AND PROVIDENCE PLANTATIONS. 31 

Major Randall Holden, Capt, James Carder, Capt. John El- 
dredge, Capt. Thomas Fry, and Mr. Weston Clarke, or the ma- 
jor part of them, with such as may be appointed by the gov- 
ernment of the Massachusetts, if they see good ; but if they 
refuse, then the matter may be represented to our agent in 
England, to procure, if it can be attained, Her Majesty's order 
for the settling the same. 

Survey of vacant lands, in Narragansett. 

Voted, and it is further enacted by this Assembly, and the 
authority thereof, that whereas, this Assembly having consid- 
ered the great confusion that doth arise through the undue and 
irregular settlement that is made on the vacant lands in the 
Narragansett country, and there being pretended titles to the 
same, though never yet legalty made out to the satisfaction of 
the colony ; neither have they taken any care that said lands 
be settled or improved, so as the colony is much damnified 
thereby : 

It is therefore ordered, that surveyors be appointed by this 
Assembly to take a true survey of the vacant lands, and make 
an exact plat thereof, and present it to the General Assembly 
in May next, that so the settlement of said country may be 
ordered as the wisdom of said Assembly shall think most 
proper for the interest of the colony. 

The persons appointed to take a survey of the vacant lands, 
are Capt. James Carder, and Mr. John Mumford ; and it is 
left to the Honored Governor to appoint the time and give the 
surveyors their orders to take such assistance as may be con- 
venient, for the assisting the surveyors ; and the charge to be 
borne by the colony, and paid by the general treasurer. 

Voted, and it is further enacted by this Assembly, upon the 
petition of John Dublin, who was wounded with Col. John 
Wanton, in the taking the French privateers, that he might 
have some allowance from the colony for the shot he received 
in his head, whereby he lost one of his eyes ; and the Assem- 
bly seriously considering his condition, and willing to encour- 



32 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

age such that are willing to defend Her Majesty's interest in 
this colony, do see cause to allow the said John Dublin twenty 
pounds, out of the general treasury, to be paid him four pounds 
per year, annually, for five years. 

Upon the petition of the representatives of the town of 
Portsmouth, for the repealing the act made at the town of 
Providence, for establishing a fair in the town of Portsmouth ; 
and the said town finding the inconvenience that did attend 
thereupon not answering the end promised, desire said act may 
be repealed, which is granted, and said act is repealed ; any 
act to the contrary notwithstanding. 

Voted and ordered by this Assembly, that the recorder and 
Mr. William Coddington draw up the acts of this Assembly in 
form, that they may be published in the town of Newport, on 
Wednesday next ; and that the recorder send copies thereof, 
under the seal of the colony, to the several towns, within four- 
teen days after the publication hereof; and to be paid, out of 
the general treasury six shillings, money, for each copy. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the last 
Tuesday of April, 1708. 

Col. Samuel Cranston, Governor, 
Capt. Richard Arnold, speaker, 
Capt. Simon Smith, clerk. 

An Act for taking a list of the inhabitants in the colony. 

Be it enacted, and it is hereby enacted by the authority 
aforesaid, that there be a committee elected, chosen and empow- 
ered to draw up an answer and form an account in conformity 
to their Lordships' command and request, in their letter ; and 



1708.] AND PROVIDENCE PLANTATIONS. 33 

for the better enabling said committee to perform the same with 
as much exactness as may or can be attained : 

It is further enacted, that the assistants, justices or wardens 
of each town in this colony, with the assistance of the town 
clerk of their respective towns, shall take a list of the freemen 
of their said towns, with the number of servants, whites, and 
blacks ; and that the captain of each company or train band in this 
colony, do cause the clerks of their respective companies to draw 
a list of all the numbers belonging thereunto; and the list, so 
taken, is by the said assistants, justices, wardens and captains, to 
be sent in to the committee, at or before the 1st day of Octo- 
ber next ; and the said committee are authorized and empow- 
ered to inspect into any writings or records published in any 
office in this colony, for the better enabling them in the accom- 
plishing and performing said answer, &c. 

And it is further enacted, that what the said committee shall 
draw up and form in way of answer, shall be presented to 
the Assembly in October next, at Providence, for their approba- 
tion thereon, and that further order be taken about the same ; 
and that all reasonable charge that said committee be at in 
accomplishing said work, shall be allowed and paid out of the 
general treasury. 

The persons chosen for the above said committee : Col Sam- 
uel Cranston, Governor, Mr. Weston Clarke, recorder, Major 
Henry Tew, assistant, Major William Wanton. 

Be it further enacted by the authority aforesaid, that there 
be a rate of £800, in money, or specie answerable at the usual 
rates, assessed on this colony, and proportioned on each town 
therein ; and to be collected and brought into the general 
treasury, at or before the last day of November next en- 
suing. 

And that Capt. John Rogers, Major Henry Tew, Capt. James 
Barker, Mr. Samuel Comstock, are chosen and empowered to 
proportion and affix the rates of grain and other specie that 
may be brought into the treasury on said account, viz. : said 
committee having considered the premises, do hereby appoint 
Indian corn, to be nccepted at two shillings per bushel ; barley, 

VOL. iv. 5 



34 RECORDS OF THE COLOxNY OF RHODE ISLAND, [1708. 

at one shilling and eight pence ; rye, at two shillings and six 
pence ; oats, at fourteen pence ; wool, at nine pence per pound ; 
wheat, at three pence per bushel. 

And it is further enacted by the authority aforesaid, that the 
£800, assessed on this colony, shall be appropriated to the 
uses hereafter mentioned. 

That is to say, £100 to be improved for the repairing and 
finishing the colony house; £100 for the colony agent in 
Great Britain, if there be sufficient in the general treasury of 
the last assessment ; always minding that it is hereby intended 
the agent shall have but £100 ; any act, to the contrary, not- 
withstanding. The remaining part to be improved in paying 
the colony debts, defraying this summer's public expense, 
and the residue to remain a public stock, or bank, for the colo- 
ny's use. 

The persons chosen and empowered to oversee the repairing 
and finishing the colony house, are Mr. Weston Clarke, Mr. 
John Holmes, Mr. John Odlin. 

And it is further enacted by the authority aforesaid, that 
whereas, by an act of Assembly, in Februrary last past, con- 
cerning the importing negroes, one article of said act, express- 
ing that three pounds money shall be paid into the treasury for 
each negro imported into this colony ; but upon exporting such 
negro in time limited in said act, said three pounds were to be 
drawn out of the treasury again by the importer : 

It is hereby enacted, that said sum for the future, shall not 
be drawn out, but there continued for the use in said act ex- 
pressed ; any act to the contrary, notwithstanding. 

Whereas, there is an act in this colony that all marriages, 
births and burials, shall be registered in the several town 
clerk's offices in each town in this colony, but there being no 
penalty imposed in said act, upon such persons as shall neglect 
or refuse to comply according to said act, it has for the most 
part, or by the greatest part, been neglected, and not complied 
with : 

Be it therefore further enacted by this Assembly and the 
authority thereof, that if any person or persons in this colony 



1708.] AND PROVIDENCE PLANTATIONS. 35 

shall, or do neglect or refuse, after the dissolution of this As- 
sembly, to give or send an account of their marriages, births, 
and burials, to the town clerk of their respective towns within 
the time prefixed in said act, with the fees due for registering the 
same, shall be under the penalty of the forfeiture of three shil- 
lings for the use of the poor of the said town where the neglect 
shall be ; to be taken by a warrant by, or from any one assist- 
ant, justice or conservator of said town. 

And it is further enacted, that if any town clerk upon the 
return of any such marriage, births, or burials, with the fee due 
for registering the same, shall neglect or refuse to make record 
thereof, in the town book which shall be appointed for that use, 
shall, for every such neglect, forfeit the sum aforesaid, to be 
taken and put to the use aforementioned. 

Upon the petition of Caleb Carr, of Jamestown, for the judg- 
ment of this Assembly upon the verdicts of juries and their ex- 
planation, what the execution should go out for, in the case be- 
tween said Carr, defendant, and John Ward, plaintiff; and both 
houses being resolved into a committee for the explanation 
thereof: 

The vote of the Assembly is, that the sheriff shall serve the 
execution for the £12, mentioned in the bill, with the horse, 
and cost of court and charges, according to the jury's verdict. 

And it is further enacted by this Assembly, that all persons 
within this colony, or who shall hereafter happen to be in said 
colon}-, that hath by any accident lost one of his eyes, shall be 
dismissed from training in any of the respective training days in 
any train band, in this colony ; but not to be discharged from 
watching and warding ; any act to the contrary, notwith- 
standing. 

An Act relative to Narragansett lands. 

Be it enacted by this Assembly and the authority thereof, 
and it is hereby enacted, that whereas, by a late act of the As- 
sembly, in October last past, at the town of Warwick, wherein 
it was proposed a settlement of land in the Narragansett coun- 
try, and land settled without title, or order from the colony, in 



36 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

pursuance of said act, a survey is already made and returned 
of those lands, which may be deemed vacant ; yet, lest any 
property be included in said draught : 

It is enacted, that proclamation be issued out to each town 
in this government, to manifest that all persons that may or 
can lay any just claim to any of said lands, may be fairly 
heard by the committee hereafter named, chosen by this Assem- 
bly, who shall have power by virtue of this act, to conclude and 
agree with such claimers, if any be, or do appear, and to make 
report thereof, with their proceedings in the premises, to the 
next Assembly, in October, for confirmation ; and the time and 
place appointed for the hearing and determining of the contro- 
versies, if any arise. 

And the place appointed for their first meeting, shall be at 
Capt. John Eldredge's house, in Kingstown, the last Tuesday 
in June next, and to adjourn from time to time, and place to 
place, as they, or the major part shall think fit ; and the 
charges accruing thereupon, shall be defrayed by this colony. 

The persons nominated, chosen and appointed for a commit- 
tee are, for Newport, Major Henry Tew, Mr. Weston Clarke ; 
Li Providence, Capt. Richard Arnold ; for Portsmouth, Mr. 
George Brownell ; for Warwick, Major Randall Holden ; what 
they, or the major part, shall do in the premises, to be present- 
ed to the Assembly, in October, as aforesaid. 

And be it further enacted, that the Honored Governor and 
general council on the Island, with the major of the Island, 
shall have full power, upon emergent occasions, to press any 
vessel or vessels, or other things that shall be necessary for the 
colony's use ; and all charges shall be defrayed by the colony ; 
any act to the contrary, notwithstanding. 

And that these acts shall be published in the town of New- 
port, within three days after the adjournment of this Assem- 
bly ; and that proclamation shall be sufficient for all the col- 
ony, that these acts be in as full force as if sent to each town, 
until the Assembly meet again. 



1708.] 



AND PROVIDENCE PLANTATIONS. 



37 



Proceedings of the General Assembly held for the Colon?/ of 
Rhode Island and Providence Plantations, at Neivport, the Uh 
of May, 1708. 

Col. Samuel Cranston, Governor, 
Walter Clarke, Deputy Governor. 



DEPUTIES. 



Newport. 
Mr. Benedict Arnold, 
Lieut. John Holmes, 
Mr. Henry Brightman, 
Capt, James Barker, 
Mr. Thomas Peckham, 
Lieut. Benjamin Coggeshall. 

Providence. 
Mr. Jonathan Sprague, 
Major Joseph Jenckes, 
Mr. Philip Tillinghast, 
Mr. Samuel Comstock. 

Portsmouth. 
Mr. Abraham Anthony, 
Mr. George Cornell, 
Mr. John Coggeshall, 
Mr. Joseph Cook. 



Wanvick. 
Capt. Simon Smith, 
Lieut. John Waterman, 
Ensign Samuel Greene, 
Mr. Samuel Gorton, Jr. 

Westerly. 
Mr. Joseph Clarke, 
Capt. James Babcock. 

Kingstown. 
Mr. Stephen Hazard, 
Mr. William Hall. 
Greenwich. 
Capt. Thomas Fry, 
Mr. Pardon Tillinghast. 

Jamestown. 
Mr. Ebenezer Slocum, 
Mr. Joseph Morey. 



Major Joseph Jenckes, speaker, 
Capt. Simon Smith, clerk. 



Voted, that both houses be resolved into a committee for the 
work of the day. 

Newport — William Rhodes, William Gibbs, Jer. Wilcocks, 
John Rogers, Job Almy, John Stephens, Benjamin Stanton, 
John Sanford, Jer. Pearce, William Heffemon, Josias Bliss, 



38 RECORDS OF THE COLONY OF RHODE ISLAND, [1708 

Joseph Weeclen, Joseph Card, Jr., Richard Tew, William Wee- 
den, Jr., Peter Trebby, Jr., Robert Lawton, John Saber, John 
Hanmiett, Joseph Wetherheacl, Richard Clark, Benedict Ar- 
nold, Jr., Peleg Peckham, Benjamin Norton, Isaac Chapman, 
Nicholas Easton, all admitted freemen of the colony. 

Providence — Hazadia Comstock, Daniel Comstock, JohnBal- 
com, Fregift Bolkom, Stephen Sly, Jos.Henington,Thos.Hening- 
ton, Jr., Samuel Inman, Francis Inman, John Inman, Jr., James 
Blew, Jr., Nath'l Baslue, John Blew, Hugh Pray, John Pray, Jr., 
John Whipple, Jr., Jeremiah Whipple, Thomas Olney, son of 
Epinetus Olney, John Tucker, William Edmonds, Jos. Wilkin- 
son, Samuel Bates, John Guile, Henry Randall, Zachariah Eddy, 
Peter Barnes, Experience Mitchell, Daniel Sweet, Hosanah 
Brown, Experience Eldreth, Zachariah Field, Richard Lewis, 
Shedereth Manton, Jr., William Steare, Zachariah Jones, James 
Young, John Blackmore, Daniel Abbot, Jr., James Angell, Wm. 
Field, all of the town of Providence, admitted freemen of the 
colony. 

Thomas Stafford, William Arnold, John Stone, John Greene, 
son of James Greene, deceased, Zachariah Riiodes, Thomas 
Weeks, all of the town of Warwick, admitted freemen of the 
colony. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 
5th day of May, 1708. 

The following were chosen, and severally engaged. 

GOVERNOR. DEPUTY GOVERNOR. 

Col. Samuel Cranston. Walter Clarke. 



1708.] AND PROVIDENCE PLANTATIONS. 39 

ASSISTANTS. RECORDER. 

Major Henry Tew, Weston Clarke. 

Capt. John Rogers, sheriff. 

Major Joseph Jenckes, Mr. Nicholas Lang. 

Capt. Thomas Fenner, general attorney. 

Mr. George Brownell, Capt. Simon Smith. 

Giles Slocum, Jr., major for the islands. 

Major Randall Holden, Major William Wanton. 

Mr. Richard Greene, major for the main. 

Capt. Jeoffrey Champlin, Major Joseph Jenckes. 

Mr. Stephen Hazard- 
Col. Samuel Cranston, Governor of Her Majesty's colony of 

Rhode Island, engaged by oath for observing the act of trade 

and navigation, before Francis Brinley, and Jahleel Brenton, 
Esq., and five of the council. 

The following Justices of the Peace were chosen. 

For Newport — Capt. Nathaniel Sheffield, Capt. Edw. Thurs- 
ton, Capt. James Browne. 

For Providence — Mr. Philip Tillinghast, Mr. Richard Water- 
man, Mr. Eleazer Arnold. 

For Portsmouth — Mr. John Coggeshall, Capt. Wm. Arnold, 

For Prudence — Mr. Daniel Pearce. 

For Warwick — Capt. Simon Smith. 

For Westerly— Capt. William Champlin, Mr. Peter Crandall, 
Mr. Isaac Thompson. 

For Kingstown — Mr. William Hall, Mr. Samuel Fones, Mr. 
Thomas Mumford. 

For Greenwich — Capt. Thomas Fry, Mr. Pardon Tillinghast. 

Case of Pdchard Mew vs. Jahleel Brcnlon. 

Whereas, there was an action of trespass and ejectment com- 
menced by Richard Mew, of Newport, merchant, against Jah- 
leel Brenton, of said Newport, Esq., the second Tuesday in 



40 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

September, 1707, where the said Brenton had a verdict, we 
find for the defendant and cost of court ; upon which judgment, 
the said Mew re-heard to the Court of Trials, the last Tuesday 
of March, 1708, where the said Brenton received the like ver- 
dict and judgment from verdict and judgment ; the said Mew 
appealed to this Assembly, sitting in Newport, the 5th day of 
May, 1708, praying that he, the said appellant, may have rem- 
edy for his money due upon the mortgage, whereupon the ac- 
tion was commenced, or by this Assembly put into a capacity 
for the recovering of the said money. 

This Assembly having heard the pleas and allegations of the 
appellant and appellee, and truly weighing the circumstances 
of the case and matter as it is laid before them : 

Do enact, and it is hereby enacted by the Assembly having 
duly considered the premises, that there is money due to the 
said Mew from the said Brenton, by his acknowledgment in the 
Assembly that the said Richard Mew, the appellant, shall or 
may have his action of debt, if he sees cause, against the said 
Brenton, appellee, for the recovery of all such money as shall 
be justly due to him, said appellant ; and that there shall be 
no imparlance, nor non-suit allowed in the case. 

And it is further enacted, that the cost of this appeal shall 
be equally borne between the appellant and appellee. 

Case of Caleb Carr vs. John Ward. 

And be it further enacted, that whereas, [the case of ] Caleb 
Carr, appellant, against John Ward, appellee, was called before 
this Assembly, and the appellant prays for relief from the verdicts 
of juries and judgment of Courts of Trials, the first Tuesday in 
September, and the last Tuesday in March last past, in an ac- 
tion of debt, recovered by John Ward, against said Caleb Carr, 
the appellee, the act of the Assembly is, that the former judg- 
ment is good, and confirmed for the appellee ; and the Assem- 
bly doth determine that what cost is due upon this hearing, 
shall be allowed, or paid by the said John Ward, appellee. 

The Honored Governor enters his dissent against the verdict 



1708.] AND PROVIDENCE PLANTATIONS. 41 

Whereas, complaint hath been made unto this Assembly, 
that many little controversies arise between party and party, 
within this government, to the great trouble and expense of the 
assistants and justices of the same, by reason of the small al- 
lowance for the service in our inferior courts ; — 

The premises [having been] considered, this Assembly doth 
enact, and it is hereby enacted by the authority of the same, 
that whereas, the former table of fees allowed was but two shil- 
lings for each judgment given in the inferior courts, now it 
shall be four shillings for each judgment in any case under 
forty shillings ; any act to the contrary, notwithstanding. 

Case of Richard Greene vs. Joseph Williams. 

Be it enacted, that whereas, at the General Court of Trials, 
held for the colony, the first Tuesday in September last past, 
Mr. Richard Greene, Esq., and Capt. Simon Smith commenced 
an action against Mr. Joseph Williams, Esq., as reference being- 
had to the papers in the recorder's office, will more plainly ap- 
pear ; in which said court, the said Williams was cast, and en- 
tered his review to the Court of Trials, held the last Tuesday 
in March last past, where, in said court, Mr. Williams was again 
cast, and appealed to the General Assembly now sitting, the 
first Wednesday in May, 1708, Major Joseph Jenckes appear- 
ing attorney for the said Mr. Williams, having, together with 
Capt. Thomas Fenner, assistant, laid before this Asssembly that 
there may be some hopes of agreement between the plaintiff 
and defendant, concerning their controversy about the lands of 
Westquodmicke, and having promised that the town of Provi- 
dence shall not lay out any of said lands in controversy, to act 
or begin any new work upon the same, to gain any advantage 
in the law thereby, during the cases depending ; and the said 
Mr. Richard Greene and Simon Smith consented upon these 
conditions : 

This Assembly doth order, that the appeal be suspended, un- 
til the General Assembty in the last Wednesday in October 
next, that the parties, in the mean time, may agree ; and if they 
cannot agree, then the appeal to go on at said Assembly, and 

VOL. TV. 6 



42 RECORDS OP TIIE COLONY OF RHODE ISLAND, [1708. 

neither party to take any advantage, or to meddle with said 
land, whilst the case is depending. 

Be it further enacted, that whereas Esq. Brent on having 
made application for the original papers now in the office, re- 
lating to the case depending betwixt him and Richard Mew ? 
may be delivered to him : 

It is therefore enacted, that the said Brenton may have the 
original papers, provided he be at the cost and charge of 
leaving copies attested by the recorder, in the office. 

And be it further enacted by the authority abovesaid, that 
whereas, Major William Hopkins and Mr. John Mumford, made 
their application to this Assembly, for pay for running the line 
betwixt East Greenwich, and Kingstown, which charge was to 
be paid by Kingstown, it being four pounds, six shillings : 

It is enacted, that they, the said Major Hopkins and Mr. 
Mumford shall have order from the Honored Governor to take 
their money of the treasurer of Kingstown, and that the treasu- 
rer shall pay the same. 

And be it enacted further, that whereas James Mattisson 
w T as for misdemeanor bound in bond of twenty pounds court 
money, to make his appearance at the Court of Trials the last 
Tuesday in March, 1708, then and there to answer for the 
same ; but he failing therein, by his non-appearance, the court 
did declare his bond to be forfeited ; whereupon, said Mattisson 
making his application to this Assembly, and humbly petition- 
ing for some abatement of the said fine : 

This Assembly do see cause to order, and it is hereby order- 
ed, that the said James Mattisson do forthwith pay a fine to Her 
Majesty, for the use of the colony of the sum of three pounds court 
money, of New England, out of which all officers' fees shall be 
paid, as was ordered for the others, bound over with him at the 
last Court of Trials ; and the remaining part to be estrated in- 
to the general treasury ; and the said Mattisson to be bound to 
his good behaviour for the space of one whole year. 

An Act for the defence of Block Island. 

Whereas, application hath been made by the men of Shore- 



1708.] AND PROVIDENCE PLANTATIONS. 43 

ham, alias Block Island, how that they lay under great danger 
of the enemy, the French, and want relief : 

This Assembly, taking the same into consideration, do enact, 
that if the men of Block Island have truly laid out the money 
according to acts of Assembly, viz. : their yearly proportions of 
rates in arms and ammunition, for their defence, they shall have 
a quota of men for their defence ; and the charge to be borne 
by the colony. But if they have not laid out their yearly 
proportions of rates as aforesaid, their remaining part of said 
money that is not laid out according to acts of Assembly, shall 
be collected and carried into the general treasury ; and for 
the present charge that shall be created, and further charge 
that shall arise on the government, they shall pay their propor- 
tions with the rest of the towns, into the general treasury, and 
there to be supplied with such necessaries as the colony shall 
judge convenient. And the quota of men so appointed for 
their succor, shall not exceed fifteen men, English or Indians, 
such as will go volunteers ; and if none will go voluntarily, 
then to be pressed out of the train bands, or towns in this colo- 
ny, according to their proportions, by order of the Honored 
Governor. 

And that the Honored Governor, assistant, and major of the 
Island, shall order said quota from time to time as they shall 
see cause, and to abate the number as they shall see cause for ; 
and the men of Block Island to use said quota kindly, and find 
them with provisions (at their own charge) as is convenient for 
soldiers. 

And it is further enacted, that whereas there is an act al- 
ready concerning the putting the laws of this colony in print : 

It is enacted, that those persons that were appointed by said 
act, be still continued for that purpose, and do the same as 
soon as may be ; and shall be satisfied as said act doth premise. 
And that the former treasurer shall receive and pay out the 
£500 that is now in gathering, and the money to be drawn out 
of the treasur} b} order of the Governor, for the uses thej 
were raised for, unless upon extraordinary occasion for the col- 
ony service, then the Governor shall draw any money that shall 



44 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

be in the treasury, rendering an account to the next Assembly, 
that they may raise more money to supply the uses that such 
money was raised for. And when the £500 is paid into the 
general treasury, and paid out again, Mr. Weston Clarke, Mr. 
John Odlin, Jr., and Mr. John Mumford shall audit the treasu- 
rer's account on the second Monday of July next, and give said 
treasurer acquittance, and deliver the book to John Holmes, the 
present treasurer. 

It is further enacted, that whereas Mr. John Mumford exhib- 
ited an account of the charge and trouble he, the said Mum- 
ford, Capt. James Carder and Mr. Peleg Spencer were at in 
surveying and taking a plat of the vacant land in the Narra- 
gansett country, according to an act of Assembly, held at War- 
wick, in October last ; the account is in all ten pounds, two 
shillings and sixpence. The said sum is allowed by this 
Assembly. 

And it is further ordered, that each person be paid by the 
constable of their respective town, by order from the general 
treasurer, and to be paid out of the £500 last assessed. 

This Assembly is adjourned to the last Tuesday in August 
next, without the Governor, or in his absence, the deputy gov- 
ernor see cause, upon occasion, to convene it sooner. 

And it is enacted by this Assembly, that the acts passed at 
this sessions, shall be published by beat of drum, in the town 
of Newport, the 6th instant, being Monday next ; and that cop- 
pies be sent to each town in the colony, under the seal of the 
colony, by the 20th of said month ; and that the recorder 
have ten shillings for each copy paid by the general treasurer, 
and this Assembly to be dissolved. 



1708.] AND PROVIDENCE PLANTATIONS. 45 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the last Tuesday 
of August, 1708. 

Col. Samuel Cranston, Governor, 
Weston Clarke, recorder. 
Major Joseph Jenckes, chosen speaker. 
Capt. Simon Smith, chosen clerk. 

Be it enacted, and it is hereby enacted by the authority 
aforesaid, that there be a committee elected, chosen and em- 
powered to draw up an answer, and form an account, in con- 
formity to their Lordships' command and request in their letter. 
And for the better enabling said committee to perform the same 
with as much exactness as may or can be obtained : 

It is further enacted, that the assistants, justices or wardens 
of each town in this colony, with the assistance of the town 
clerk of their respective towns, shall take a list of the freemen 
of their said towns, with the number of servants, whites and 
blacks ; and that the captain of each company or train bands 
in said colony, do cause their clerks of their respective compa- 
nies to draw a list of the number belonging thereunto ; and 
the said list so taken, are b}^ the said assistants, justices, war- 
dens and captains to be sent into the committee at or before 
the 1st day of October next. 

And the said committee are authorized and empowered to 
inspect into any writings or records published in any office in 
this colony, for the better enabling them in the accomplishing 
and performing said answer, &c. 

And it is further enacted, that what the said committee shall 
draw up and form in way of answer, &c, shall be presented to the 
Assembly in October next, at Providence, for their approbation 
thereon, and that further order bo taken about the same ; and 
that all reasonable charge the said committee shall be at in ae- 



40 RECORDS OF THE COLONY OF RHODE ISLAND [1708. 

complishing said work, shall be allowed and paid out of the 
general treasury. 

The persons chosen for the abovesaid committee, are Col. 
Samuel Cranston, Governor, Mr. Weston Clarke, recorder, Ma- 
jor Henry Tew, assistant, Major William Wanton, assistant. 

Be it further enacted by the authority aforesaid, that there 
be a rate of £800 in money or specie, answerable at the usual 
rates, assessed on this colony, and proportioned on each town 
therein ; and to be collected and brought into the general trea- 
surer at or before the last day of November next ensuing ; and 
that Capt. John Rogers, Major Henry Tew, Capt. James Bar- 
ker, Mr. Samuel Comstock, are chosen and empowered to pro- 
portion and affix the rates of grain and other specie that may 
be brought into the treasury on said account, viz. : 

Said committee having considered the premises, do hereby 
appoint Indian corn to be accepted at two shillings per bushel ; 
barley, at one shilling and eight pence ; rye, at two shillings 
and six pence ; oats, at fourteen pence ; wool, at nine pence 
per pound ; wheat, at three shillings per bushel. 

And it is farther enacted by the authority aforesaid, that the 
£"800 assessed on this colony, shall be appropriated to the uses 
hereafter mentioned; that is to say: £100 to be improved for 
the repairing and fitting the colony house ; £100 for the colo- 
ny's agent in Great Britain, if there be not a sufficiency in the 
general treasury of the last assessment ; always minding, that 
it is hereby intended, the agent shall have but £100 ; any act 
to the contrary, notwithstanding. The remainder to be im- 
proved in paying the colony debts, defraying this summer's 
public expense, and the residue to remain as a public stock or 
bank, for the colony's use. The persons chosen and appointed 
to oversee the repairing and finishing the colony house, are 
Mr. Weston Clarke, Mr. John Holmes, Mr. John Odlin. 



1708.] 



AND PROVIDENCE PLANTATIONS. 



47 



Proceedings of the General Assembly, held for the Colon// of Rhode 
Island and Providence Plantations, at Providence, the 27th of 



October, 1708. 



(Present.) 
Col. Samuel Cranston, Governor. 



ASSISTANTS. 



Major Henry Tew, 
Capt. John. Rogers, 
Major Joseph Jencke.^ 
Capt. Thos. Fenner, 
Mr. Giles Slocum, 



Maj. Randall Holden, 
Mr. Richard Greene, 
Capt. Jeoffrey Champlin. 
Mr. Stephen Hazard. 



RECORDER. 

Weston Clarke. 



SHERIFF. 

Mr. Nicholas Lan 



Newport. 
Maj. Wm. Wanton, 
Col. John Wanton, 
Capt. James Brown, 
Mr. John Rhodes, 
Lieut. Richard Dunn, 
Mr. John Mumford. 
Providence. 
Mr. Thos. Olney, 
Mr. Jonathan Sprague, 
Mr. Joseph Whipple, 
Mr. Philip Tillinghaat. 



DEPUTIES. 

Portsmouth. 
Mr. John Burden, 
Mr. Isaac Lawton, 
Mr. Joseph Burden, 
Mr. William Coggeshall. 

Warwick. 
Capt. James Carder, 
Capt. John Waterman, 
Mr. Amos Stafford, 
Mr. Malachi Rhodes. 

Westerly \ 
Capt. William Champlin, 
Mr. Joseph Stanton, Jr. 



48 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

DEPUTIES. 

Kingstown. For New Shoreham. 

Capt, John Eldredge, Capt. Simon Ray, 

Mr. George Hazard. Mr. Job Card. 

Greenwich. Jamestown. 

Capt. Thos. Fry, Mr. Joseph Morey, 

Mr. Pardon Tillinghast. Mr. David Greene. 

This Assembly being called, the deputies engaged. 

Major William Wanton, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

Both houses being full, resolved into a grand committee, to 
hear appeals. 

Jahleel Brenton, Esq., appellant, Capt. Stephen Remington, 
appellee ; the vote of the Assembly is as followeth, viz. : 

Jahleel Brenton, of Newport, eldest son, and executor of the 
last will and testament of William Brenton, Esq., deceased, oth- 
erwise called Jahleel Brenton, of Newport, aforesaid, Esq., ap- 
pealing to this Assembly, as a Court of Chancery, for relief 
against Capt, Stephen Remington, of Jamestown, appellee, for 
withholding from said appellant a certain tract or parcel of 
land in the town of Jamestown, alias Cononicutt, in said colo- 
ny. The said appellant also praying that the judgments of 
courts and verdict of juries against the appellant, in an action 
of trespass and ejectment, brought by the appellant against the 
appellee, at the Court of Trials, in March and September last 
past, for illegally withholding from [the said] appellant, the said 
tracts or parcels of land, aforesaid, of two hundred and fifty-six 
acres, more or less, may be reversed, and that the appellant 
may be put in possession of said tracts or parcels of land : 

This Assembly being resolved into a grand committee, as 
aforesaid, and settled a Court of Chancery or Equity, and hear- 
ing the several papers, evidences, and pleas on both sides, and 
maturely weighing and considering the same, with the circum- 
stances and equity of the whole case ; and whereas, the said 



1708.] AND PROVIDENCE PLANTATIONS. 49 

appellant hath produced several laws which doth plainly hold 
forth, that upon extraordinary occasion, the mortgager shall 
have liberty to redeem a mortgage, notwithstanding the twenty 
years being passed ; being the time limited in the law for the 
redemption of mortgages ; and this case appearing to us to be 
extraordinary : 

Be it therefore enacted by this present Assembly and the 
authority thereof, that the said Jahleel Brenton, appellant, hath 
hereby liberty to redeem the mortgage of the above said lands 
and premises, he paying the principal money, with the inter- 
est, and lawful charges thereon, according to the purport of 
said mortgage ; and the appellee to pay the charges in this As- 
sembty. 

Upon which vote of the Assembly, Major Nathaniel Codding- 
ton, one of the attornies for the appellee, appeals to Her Maj- 
esty in Council, in the kingdom of Great Britain. 

Christopher Almy called in the Assembly, with his sureties, 
Mr. William Coddington and Mr. Richard Mew, and no person 
appearing to prosecute said appeal : 

The resolve of the Assembly is, that execution shall go forth 
according to the verdict of jury and judgment of the Court of 
Trials, the first Tuesday in September, 1708. 

Voted, whereas sundry gentlemen, merchants and others, 
have petitioned this Assembly, that there may be a vendue es- 
tablished in the town of Newport, in said colony, to expose to 
sale such goods and merchandise as may be thought fit : 

This Assembly do enact, and it is hereby enacted by the au- 
thority of the same, that there shall be a vendue allowed in the 
town of Newport, and a vendue master chosen and engaged by 
the townsmen of the said town in their quarter meeting, or on the 
day of election of town officers, who shall see all things justly 
performed and executed according to the custom in such cases. 
And when any thing is to be put to sale, the vendue master 
giving notice thereof, by setting up a paper, in some public place, 
ten days before the sale thereof; and the vendue master to be 
paid for his pains and trouble by the person or persons that 
shall expose the snme to sale. 

VOL. IV. 7 



50 RECORDS OF THE COLONY OP RHODE ISLAND, [1708. 

An Act to prevent the entertainment of Negroes, &c. 

Whereas, there is a law in this colony to suppress any per- 
sons from entertaining of negro slaves or Indian servants that 
are not their own, in their houses, or unlawfully letting them 
have strong drink, whereby they were damnified, such persons 
were to pay a fine of five shillings, and so by that means go 
unpunished, there being no provision made [of] what corporeal 
punishment they should have, if they have not wherewith to 
pay: 

' herefore, it is now enacted, that any such delinquent that 
shall so offend, if he or she shall not have or procure the sum 
of ten shillings for each defect, to be paid down before the au- 
thority before whom he or she hath been legally convicted, he 
or she shall be by order of said authority, publicly whipped 
upon their naked back, not exceeding ten stripes j any act to 
the contrary, notwithstanding. 

An Act relative to the settlement of Narragansett lands. 

Whereas, at a General Assembly of this, Her Majesty's colo- 
ny, held at Newport, the first Wednesday in May last past, 
said Assembly chose Major Henry Tew, Mr. Weston Clarke, 
Mr. George Brownell, Capt. Richard Arnold, Major Randall 
Holden, Esq., a committee to hear the claimers of the lands, and 
what propositions could or should be made to the vacant lands 
in the Narragansett country, according to the draught thereof 
made and presented by Capt. James Carder and Mr. John 
Mumford ; in pursuance whereof, the said committee met at 
the house of Capt. John Eldredge, and there heard the claims 
and pretended titles of those gentlemen, called the mortgage 
men, and Atherton's associates ; and also the claims of Nine- 
gret anql his trustees, to his titles and pretended claims to said 
lands, with several others, claimers, all which the said commit- 
tee have presented to this Assembly for their act upon the 
same ; and the Assembly do accept of the return of the honor- 
ed committee, and do, by virtue of this authority by, and with 
the Honored Governor, council and representatives in Court : 
And it is hereby enacted, that the committee's return ancl 



1708.] AND PROVIDENCE PLANTATIONS. 51 

interpretation upon the Assembly's act in the year 1672, relat- 
ing to Major Atherton and his associates, viz. : 

Their deeds of Boston Neck, and northern deed of Aquito- 
woset, &c, was, and is the full purport of an intent of that act 
of Assembly at Newport, the 30th of October, 1672, and that 
the presentation of Ninegret's trustees or attornies be accepted, 
and that the colony do proceed to lay out the vacant lands in 
said country as they may think most for Her Majesty's inter- 
est, and the benefit of her good subjects in this colony. 

And be it further enacted by the authority aforesaid, that 
the deed of Cojanaquant to Knight and Hall, that what land is 
contained in said deed that falls within the plat of the vacant 
lands, which is not already allowed to any person, by particu- 
lar act of Assembly of this colony, shall be, and remain to the 
said Knight and Hall, their heirs and assigns forever ; always 
provided, it shall not extend to any lands contained within the 
plat of Pettaquamscutt purchase, alread}^ made. 

And as to the deeds of Cojanaquant to Capt, Cranston and 
company : 

It is enacted, that all the lands therein contained, are already 
granted and confirmed by former acts of Assemblies of this col- 
ony, to the township of East Greenwich, and John Fones and 
partners. 

A plat thereof hath been made by Capt. Peleg Sanford and 
Mr. John Smith, surveyor, and accepted and allowed of, by the 
General Assembly of this colony, [and] they ought not to be 
meddled with ; it not being in the survey of the vacant lands, 
abovesaid. 

And as to the deed of Charles Greene and John Fones and 
partners, it is further enacted, that said deed is answered in 
the last paragraph ; there being a plat of said lands, with al- 
lowance of Assembly, as above expressed. 

An Act relative to East Greenwich lands. 

Whereas, there was a petition presented to this Assembly 
by Mi-. John Rice, and Mr. Samuel Stafford, they praying to be 



b"A RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

allowed some of the vacant or forfeited lands in East Green- 
wich: 

It is enacted and ordered, that what lands are within East 
Greenwich are an appurtenance, granted to the fifty proprietors 
of said East Greenwich, and ought to be improved as the major 
part of the now proprietors shall think most conducing to Her 
Majesty's service, and the good of the proprietors. 

Voted, and be it further enacted, that Mr. Weston Clarke, 
Mr. John Mumford, of Newport; Mr. Philip Tillinghast, of 
Providence ; Mr. Joseph Borden, of Portsmouth ; Mr. Richard 
Greene, of Warwick; Capt. John Eldredge, of Kingstown; 
Capt. John Babcock, of Westerly ; and Mr. Thos. Spencer, of 
Greenwich, be a committee to agree with Ninegret what may 
be a sufficient competency of land for him and for his men to 
live upon, and to view the state of the country in Narragan- 
sett, in order for the settling a new town, or otherways, as may 
be thought most fit and convenient for the settlement of the 
same ; and what the said committee, or the major part of them, 
shall do in the premises, to return to this Assembly upon their 
adjournment. 

Whereas, the representatives of Shoreham, alias Block Island, 
have laid down before this Assembly the great charge they have 
been at in the present war, in being continually on their guard 
in watching and warding, for the defence of that Island, which 
is a member of this colony ; and this Assembly taking it into 
consideration : 

Do order and enact, that that paragraph in the Assembly's 
acts in May last, relating to Shoreham's part of rates, be re- 
pealed ; and that act of the 28th of October, 1702, be revised 
and established, according to the purport of said act ; any act 
or acts to the contrary, notwithstanding. 

Whereas, the business of this colony is grown to a greater ex- 
tent considerable than it was formerly ; and that there are di- 
vers appeals that come from the Courts of Trials, to the Assem- 
bly, the which is great trouble and charge to this colony : 

Therefore, it is enacted, that henceforward each person that 
shall appeal to the Assembly, shall pay down £3, in current 



1708.] AND PROVIDENCE PLANTATIONS. 53 

money into the recorder's office, before the appeal be granted ; 
twenty shillings of said sum, for the use of the house of magis- 
trates, and forty shillings to the use of the house of deputies, 
towards their expense and charge, and three shillings to the 
recorder, for entering said appeal. ■ Always provided, that if 
judgment shall pass for the appellant, that he shall have the 
said three pounds allowed in his bill of cost. 

Circular letter from the Board of Trade to the the Governors of 
the English Colonies, relative to Negro Slaves. 

April 17, 1708. 
Sir : Some time since, the Queen was pleased to refer to us a petition relating to 
the trade of Africa, upon which we have heard what the Royal African Company, 
and the separate traders had to offer ; and having otherwise informed ourselves, in 
the best manner we could, of the present state of that trade, we laid the same before 
Her Majesty. The consideration of that trade came afterwards into the house of 
commons, and a copy of our report was laid before the house ; but the session being 
then too far spent to enter upon a matter of so great weight, and other business in- 
tervening, no progress was made therein. However, it being absolutely neces- 
sary that a trade so beneficial to the kingdom should be carried on to the greatest 
advantage, there is no doubt but the consideration thereof will come early before 
the Parliament at their next meeting ; and as the well supplying of the plantations 
and colonies with sufficient number of negroes at reasonable prices, is in our opin- 
ion the chief point to be considered in regard to that trade, and as hitherto we have 
not been able to know how they have been supplied by the company, or by sepa- 
rate traders, otherwise than according to the respective accounts given by them, 
which for the most part are founded upon calculations made from their exports on 
one side and the ether, and do differ so very much, that no certain judgment can 
bo made upon those accounts. 

Wherefore, that we may be able at the next meeting of the Parliament to lay be- 
fore both houses when required, an exact and authentic state of that trade, partic- 
ularly in regard to the several plantations and colonics ; we do hereby desire and 
strictly require you, that upon the receipt hereof, you do inform yourself from the 
proper officers or otherwise, in the best manner you can, what number of negroes 
have been yearly imported directly from Africa into Jamaica, since the 24th of 
June, 16&8, to the 25th of December, 1707, and at what rate per head they have 
been sold each year, one with another, distinguishing the numbers that have been 
imported on account of the Royal African Company, and those which have been 
imported by separate traders ; as likewise the rates at which such negroes have been 
sold by the company and by separate traders. We must recommend it to your 
care to be as exact and diligent therein as possibly you can, and with the first op- 
portunity to transmit to us such accounts as aforesaid, that they may arrive here in 
due time, as also duplicates by the first conveyance. 

And that we may be the better able to make a true judgment of the presenl settle- 
ment of that trade, we must further recommend it to vou to confer with some of 



54 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

the principal planters and inhabitants within your government touching that mat- 
ter, and to let us know how the negro trade was carried on, and the island of Ja- 
maica supplied with negroes till the year 1698, when that trade was laid open by 
act of Parliament; how it has been carried on, and negroes supplied since that time, 
or in what manner they think the said trade may best be managed for the benefit of 
the plantations. 

We further desire you will inform us what number of ships, if any, are employed 
from Jamaica to the coast of Africa in the negro trade, and how many separate 
traders are concerned therein. 

Lastly, whatever accounts you shall from time to time send us touching these 
matters of the negro trade, we desire that the same may be distinct, and not inter- 
mixed with other matters ; and that for the time to come, you do transmit to us the 
like half yearly accounts of negroes, by whom imported and at what rates sold • 
the first of such subsequent accounts, to begin from Christmas, 1707, to which time 
those now demanded, are to be given. So we bid you heartily farewell. 

Your very loving friends, 

STAMFORD, 
HERBERT, 
PH. MEADOWS, 
I. PULTENEY, 
R. MONUKTON. 

P. S. We expect the best account you can give us, with that expedition, 
which the shortness of the time requires. 

Memorandum. This letter, mutatis mutandis, was writ to the Governors of Bar- 
badoes, the Leeward Islands, Bermuda, New York, New Jersey, Maryland, the 
President of the, Council of Virginia,[the Governor of New Hampshire and the 
Massachusetts Bay, the Deputy Governor of Pennsylvania, the Lords proprietors 
of Carolina, the Governors and Companies of Connecticut and Rhode Island. 



Answer to ditto, from Governor Cranston. 

May it please your Lordships : In obedience to your Lordships' commands of the 
15th of April last, to the trade of Africa. 

We, having inspected into the books of Her Majesty's custom, and informed our- 
selves from the proper officers thereof, by strict inquiry, can lay before your Lord- 
ships no other account of that trade than the following, viz. : 

1. That from the 24th of June, 1698, to the 25th of December, 1707, we have 
not had any negroes imported into this colony from the coast of Africa, neither on 
the account of the Royal African Company, or by any of the separate traders. 

2. That on the 30th day of May, 1696, arrived at this port from the coast of Af- 
rica, the brigantine Seafiower, Thomas Windsor, master, having on board her forty- 
seven negroes, fourteen of which he disposed of in this colony, for betwixt £30 and 
£35 per head; the rest he transported by land for Boston, where his owners 
lived. 

3. That on the 10th of August, the 19th and 28th of October, in the year 1 700, 
sailed from this port three vessels, directly for the coast of Africa ; the two former 
were sloops, the one commanded by Nicho's Hillgroue, the other by Jacob Bill ; the 



1708.] AND PROVIDENCE PLANTATIONS. 55 

last a ship, commanded by Edwin Carter, who was part owner of the said three 
vessels, in company with Thomas Bruster, and John Bates, merchants, of Barba- 
dos, and sop irate traders from thence to the coast of Africa ; the said three vessels 
arriving safe to Barbadoes from the coast of Africa, where they made the disposition 
of their negroes. 

4. That we have never had any vessels from the coast of Africa tothis colony, 
nor any trade there, the brigantine above mentioned, excepted. 

5. That the whole and only supply of negroes to this colony, is from the island 
of Barbadoes ; from whence is imported one year with another, betwixt twenty and 
thirty ; and if those arrive well and sound, the general price is from £30 to £40 per 
head. 

According to your Lordships' desire, we have advised with the chiefest of our 
planters, an 1 find but small encouragement for that trade to this colony ; since by 
the best computation we can make, there would not be disposed in this colony above 
twenty or thirty at the most, annually ; the reasons of which are chiefly to be at- 
tributed to the general dislike our planters have for them, by reason of their turbu- 
lent and unruly tempers. 

And that most of our planters that are able and willing to purchase any of them, 
are supplied by the offspring of those they have already, which increase daily ; and 
that the inclination of our people in general, is to employ white servants before 
negroes. 

Thus we have given your Lordships a true and faithful account of what hath oc- 
curred, relating to the trade of Africa from this colony ; and if, for the future, our 
trade should be extended to those parts, we shall not fail transmitting accounts 
thereof according to your Lordships' orders, and that at all times be ready to show 
ourselves, 

Your Lordships' obedient servant, 

SAMUEL CRANSTON, Governor. 

Newport, on Rhode Island, December 5, 1708. 

Governor Cranston to the Board of Trade. 

May it please your Lordships : I am here to inform your Lordships of the receipt 
of your packet sent by his His Excellency, my Lord Lovelace, Governor of Her 
Majesty's province of New York, bearing date from Whitehall, May the 14th, 1708, 
in which packet was contained Her Majesty's additional instruction in pursuance to 
an act passed relating [to] trade and navigation ; an act for the ascertaining the 
rates of foreign coins in Her Majesty's plantations in America ; and one other act 
for the encouragement of the trade to America ; with two letters from your Lord- 
ships, referring to said instruction and acts, and your Lordships' commands there- 
upon. 

I am also to advise your Lordships, that upon the receipt of said packet, I forth- 
with convened Her Majesty's Council of this colony, by whose approbation and ad- 
vice (pursuant to your Lordships' command), I caused Her Majesty's instructions 
with the aforesaid acts of Parliament, to be published throughout this colony in the 
usual and most public solemnity ; the which instruction and acts we will not be 
wanting in our duly to see punctually and duly complied with (according to the 
contents thereof), to the utmost of our abilities Notwithstanding. I shall take leave 
to acquaint your Lordships, that as we are linked to the province of the Massachu- 



56 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

setts (particularly to the town of Boston), as to our traffic and dealing together, that 
we cannot, without great inconveniency, and prejudice, dill'er from them, in the 
valuation and rates of foreign coin. 

Therefore, if we should suspend that matter about the coin, till we can see or un- 
derstand what methods or steps they will take in that province, I hope Her Majes- 
ty and your Lordships will pardon us. I do not give your Lordship9 this intima- 
tion by any order from the colony, but as my own sentiments, for which, if I have 
erred, I humbly beg pardon. 

In the above said packet, was also your Lordships' letter relating to the trade to 
Africa. In answer to which, and in obedience to your Lordships' commands, I 
have herewith sent you the best and most authentic account relating [to] said af- 
fair as I could attain unto, to which [I] refer your Lordships for your informa- 
tion. 

I most humbly beg your Lordships' pardon for whatever may appear abrupt in 
my plain method of writing, or for what else may appear amiss, or be wanting in 
giving you any further intelligence or account of the circumstance and state, of this 
Her Majesty's colony, assuring your Lordships' I have not wilfully omitted anything 
material, but have gone as near the truth as possibly I could do in every par- 
ticular. 

I have nothing further that is material to communicate at this time ; but as any- 
thing offers, shall notify the same as opportunity will present. 

I am your Lordships' most humble and obedient servant, 

SAMUEL CRANSTON, Governor. 

Newport, on Rhode Island, December the 5th, 1 708. 



Governor Cranston to the Board of Trade. 

May it please your Lordships : Your Lordships' letter of the 7th of May, 1707, 
came not to my hands till the latter end of July last, upon the receipt whereof, with 
the advice of Her Majesty's Council of this colony, I caused the act of Parliament 
for the union of the kingdoms of England and Scotland to be published in the town 
of Newport, the metropolis of this Her Majesty's colony. At the same time causing 
the militia of the island to be in arms for the greater solemnity thereof ; and after 
the publication, concluded the same with three vollies of small arms, and the dis- 
charge of what cannon we had at the fort and town, which was seconded with loud 
acclamations of joy, &c. 

In October last, it being the first meeting of the General Assembly after the re- 
ceipt of your Lordships' aforesaid letter, I communicated the same to them, who in 
obedience to your commands, &c, ordered me to give you the best information and 
account 1 could. 

In answer to the several particular matters set fort and contained in your said 
letter, in obedience to your Lordships' command, and in compliance to said Assem- 
bly's order, I shall here give you the most exact and impartial account as I am ca- 
pable of relating the said particulars. 

1. As to the state and condition of this Her Majesty's colony, since the present 
war. It has pleased the Almighty through his infinite mercy and goodness (upon 
our endeavors) to protect and preserve us from the assaults of the common enemy 
though not without great charge and expense, in keeping and maintaining watches 



1708.] AiNI) PROVIDENCE PLANTATIONS. 57 

and wards upon the sea coast of this colony, and scouts upon the land side into the 
country. Our lying so open to the assaults and attempts of the enemy by sea, doth 
also occasion often and frequent alarms, which doth also create great charge and 
expense ; this colony are also at considerable charge and trouble in maintaining 
(during the summer season) a quota of men at Block Island, for the defence and 
safety thereof. 

I presume your Lordships are fully informed of our frequent expeditions by sea, 
in order to secure our coast from being infested with the enemy's privateers, hav- 
ing in our last given your Lordships a full account thereof, as well as our great 
charge and expense in assisting His Excellency, Col. Dudley, in his expedition to 
or against Fort Royal. We had nothing material that happened the last summer, 
save one expedition on the 8th of September, upon intelligence given me by an 
express from Martin's Vineyard, of a privateer that had taken a sloop, and chased 
a brigantine on shore, upon said island ; upon which intelligence, I dispatched 
(within three hours after the receipt thereof) two sloops under the command of 
Major William Wanton, and Capt. John Cranston. The enemy fearing our sud- 
den expedition (they being well acquainted of our despatch upon such occasions), 
burnt his prize, and made the best of his way into the sea, so as our people could 
not get any sight of him, though they made pursuit after him about twenty-four 
hours that way, which they were informed he directed his course. 

2. As to the strength and defence of this colony, it chiefly consists (under the 
Providence of God) in our good look-outs, our expeditions by sea, as aforesaid, and 
in our militia ; the which consists of all males, from sixteen to sixty years of age, 
who are obliged, at their own charge, to be always provided and fitted with a good 
firelock musket or fusee, a sword or bayonet, cartouch-box with one pound of good 
powder, and four pounds of bullets, who are to be ready upon any alarum or other 
expedition or service, to repair to their ensigns at their respective places of ren- 
dezvous, to attend such orders as they shall receive from their superior officers, &c. 
the which obligations and orders are upon all occasions, very cheerfully and readily 

obeyed and complied with ; so that what is before premised and In 

our militia, consists the strength of this colony, it being impossible for us to fortify 
ourselves so as to keep an enemy from entering into our bay and rivers, or to 
obstruct their landing, in most places in the colony; though we have a small fort 
upon an island that covers the harbor of Newport, which is mounted with fifteen 
pieces of ordnance, from six to nine pound ball, and is a security to our naviga- 
tion, and the aforesaid town, against any small force. 

3. As to the administration of justice in this colony, Ave have two general courts 
of trials, which are held on the last Tuesday in March, and the first Tuesday in Sep- 
tember, annually ; at which courts are tried all actional and criminal causes happen- 
ing within said colony ; where the laws of England are approved of, and pleaded 
to all intents and purposes, without it be in some particular acts for the prudential af- 
airs of the colony, and not repugnant to the laws of England. 

4. As to the number of inhabitants and servants, with the number of militia, &c, 
I have herewith enclosed a list of the same in as true and exact a manner as I could 
procure it from the several towns in the colony to which I refer your Lordships for 
a full information. 

5. As to the trade and commerce of this colony, to and from what places, with 
the number of ships or vessels that have been built here, and now belonging to the 

VOL. IV. 8 



58 RECORDS OF THE COLONY OF RHODE ISLAND. [1708. 

same, and the number of seafaring men, &c, I have herewith enclosed another list, 
relating to those particulars for your Lordships further information. 

6. As to what commodities [are] exported from this colony to England, and 
how said colony is now supplied with any manufactories that it was wont to be sup- 
plied with from England. 

This colony never had any immediate or direct trade to or from England, nor 
any supply directly from thence, bur, what commodities any of the inhabitants have 
had to export for England, hath been exported by way of Boston, where their re- 
turns are also made, and from whence we have and are chiefly and for the most 
part, supplied with the manufactory of England ; and it is computed, that not less 
than £20,000 in cash hath been annually, for some years past, remitted from this 
colony to Boston upon that account. 

7. As to the methods taken to prevent illegal trade, we have a collector and 
controller of Her Majesty's customs settled by the honorable the commissioners in 
this colony, and a naval officer by the Governor, who take all due methods and 
care they can, by searching and inspecting the several cargoes imported, and put- 
tin^ the several masters or commanders upon their oaths, &c. We have had no trade 
to any place but Corrico, that could give us any suspicion of illegal trade ; but that 
trade is at present wholly laid aside by our traders, so that I know of no other place 
that they have any trade to or from, that can give us grounds to suspect any fraud. 

Tour Lordships may assure yourselves, that all due methods will be taken, as 
there may be occasion, to prevent and suppress any illegal trade, that may hereaf- 
ter be managed or carried on by any of our traders ; and that what orders or direc- 
tions we shall at any time receive from your Lordships, or the honorable the 
commissioners, relating to trade, shall and will be punctually and duly observed 
and complied with in the best manner and method we are capable of. 

8. As to the number of vessels built in this colony, we are not capable to 
inform your Lordships, by reason there hath been no list or memorandum ever kept 
till since the act for registering hath been in force, from which time you have an 
exact account in the enclosed list. 

9. As to the increase or decay of the trade of this colony, of late years, &c, it 
doth appear that, about twenty years past, we had not above four or five vessels that 
did belong to this colony, which hath since gradually increased to the number of 
twenty-nine, as is set forth in the list. 

The reason of which increase (as I apprehend) is chiefly to be attributed to the 
inclination the youth on Rhode Island have to the sea. The land on said island, 
being all taken up and improved in small farms, so that the farmers, as their fami- 
lies increase, are compelled to put or place their children to trades or callings ; but 
their inclinations being mostly to navigation, the greater part betake themselves to 
that employment, so that such as are industrious and thrifty, as they get a small 
stock before hand, improve it in getting part of a vessel, as many of the tradesmen 
in the town of Newport also doth, for the benefit of their children that are bred to 
navigation, in which town consists the chiefest of our navigation ; not above two or 
three vessels belong to all the colony besides. 

One other cause of the increase of our trade is, that it has pleased God to protect 
them from the hands of the enemy, so that they have not lost above two or three 
vessels taken this war, they being light and sharp for runners ; so that very 
few of the enemy's privateers, in a gale of wind, will run or outsail one of our laded 
vessels. 



1708.] 



AND PROVIDENCE PLANTATIONS. 



59 



10. The colony is putting the several acts of Assembly in a method for the press, 
as soon as it can be accomplished, and will not fail in sending your Lordships a copy 
of the whole ; and will, according to your Lordships' command, transmit yearly ac- 
counts of their administration, and additional acts of Assembly, as opportunity will 
present. 

Thus, may it please your Lordships, you have the most exact and impartial ac- 
count I am capable of giving you at this time, though my plain and homely method 
of writing may not be so acceptable and intelligible to your Lordships as it ought to 
be, yet I will depend so far upon your Lordships' goodness, that you will pardon 
my rudeness therein, and accept my good wdl and inclination to serve Her Majes- 
ty and your Lordships, with all faithfulness and integrity, to the best of my capacity 
and ability, and that you will believe me to be Her Majesty's loyal and dutiful sub- 
ject, and Your Lordships' most humble and obedient servant, 

SAMUEL CRANSTON, Governor. 

Newport, on Rhode Island, December the 5th, 170S. 

A list of the number of freemen a»d militia, with the servants, white and black, in 
the respective towns ; as also the number of inhabitants in Her Majesty's colony 
of Rhode Island, &c, December the 5th, 1708. 



Towns. 




Free- 
men. 


Mili- 
tia. 


WTiite 
servants. 


Black 
servants. 


Total No. 

of inhab- 
itants, j 


Newport, 

Providence, 

Portsmouth, 

Warwick, 

Westerly, 

New Shoreham, 

Kingstown, 

Jamestown, 

Greenwich, 

Total. 




190 
241 
98 
80 
95 
38 
200 
33 
40 


358 

283 
104 

95 

100 
47 

232 
28 
65 


20 
6 
8 
4 
5 

9 
3 


220 

7 

40 

10 

20 

6 

85 

32 

6 


2203 
1446 

628 
480 
570 
208 
1200 
206 
240 




















1015 


1362 


Kfi 


426 


7181 








It is to be understood that all men within this colony, from the age of sixteen 
to the age of sixty years, are of the militia, so that all freemen above and under 
said ajjes, are inclusive in the abovesaid number of the militia. 

As to the increase or decrease of the inhabitants within five years last past, 
we are not capable to give an exact account, by reason there was no list ever 
taken before this (the militia excepted), which hath increased since the 14th of 
February, 1704-5 (at which time a list was returned to your Lordships), the 
number of 287. 

SAMUEL CRANSTON, Governor. 

Newport, on Rhode Island, December the 5th, 1708. 



60 



RECORDS OF THE COLONY OF RHODE ISLAND, 



[1708. 



o> .13 

** o 

-s a 
'M 

- CJ 
CD _ 

O c« 

*- ^3 

111 

&** 

to 03 -2 

a g s 

o-2 S 



Colony of 

Rhode 

Island. 



Vessels 
built in 
this col- 
ony from 
Mar. 25, 
1698. to 
Decem- 
ber, 
1708. 



Vessels 
now be- 
longing 
to this 
colony, 
1708. 



1698, 
March 25, 

1699, 
March 25, 

1700, 
March 25, 



to •- 2 



1701, 
en as — March 25, 
o -a fcc J-Q2 

March 25, 



fcD 



05 »»-» O 

§8S 



.2 tC-3 

«8l 



^1 



> O •— ; 
cS , . - 

-a 3 £ 
«£ „ 

« £ 05 

.a g u 

33 Si* 

03 w P, 



1703, 
March 25, 



1704, 
March 25, 



The several 
commodities 
exported out 
The places of of this colony 
trade from this to the places 
colony and to before mcn- 
this colony, tioued. 



1705. 
March 25, 

1706, 
March 25 



1707, 
March 25, 



o -*> 

1-3 a 



S c3 



— Jamaica, Bar- 
badoes, Nevis. 
Antigua, St. 
Christophers, 
Mt. Sarratt. 



The several 
commodities 
imported to 
this colony 
from the afore 
said places. 



Lumber of all 
sorts, viz. : 
staves, head- 
ing hoops, 
board, plank, 
timber; also 
beef, pork, 
butter, cheese 
onions, horses 
candles, cider. 



Bermuda, Ba- Indian corn, 
hama Islands, provisions, 
and the salt is- rum. 

Is, viz. : 
Salt Tortudas 
and Turks 
Islands. 



South and 
North Caro- 
lina. 



Virginia and 
Maryland. 



The number of 
seafaring men 
belonging to 
this colony. 



Sugar, molas- 
ses, cotton, 
finger, indigo, 
pimento, rum 
English goods 
both woolens 
and linens, 
Sweeds, and 
Spanish iron. 



From the Ba- 
hama Islands, 
brasalleta, 
from the rest 
salt. 



Rum, sugar, 
molasses, but- 
ter, cheese. 



Vice, pitch, 
pork, peltry, 
walnut wood, 
bear skins, 
and deer skins 



Rum, molas 
ses, butter and 
cheese. 



Pork, wheat 
and English 
goods. 



Pennsylvania, Rum, butter, Flour, wheat, 
Jerseys and icheese and biscuit, 
New York. |money. dressed leath- 

er and bacon ; 
and from New 
York, rigging 
of all sorts. 



Connecticut. iRum,molas- 
|ses, sugar, 
jNew England 
Iron. 



Province of Butter, cheese 
the Massachu- and money. 
setts Bay. 



Madeira and 
Eayal. 



Staves, wheat. 
Indian corn, 
wax and 
money. 



All sorts grain 
flax, pork and 
boards, tar, 
pitch, rosin 
and turpen- 
tine. 



All sorts of 
European com 
modifies. 



Provisions, 
butter, cheese, 
onions and 
horses. 



Provisions, 

boards, butter, 
cheese and 



Pieces of eight 
salt and cucao 



1709.] AND PROVIDENCE PLANTATIONS. 01 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 22d 
of March, 1709. 

Col. Samuel Cranston, Governor, 
Weston Clarke, recorder. 
Major William Wanton, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

Voted, the committee chosen to agree with Ninegrett for his 
competence of land, have returned that they have agreed with 
Ninegrett for the quantity set off in the plat of the vacant 
lands, and do find the lands in said country, a great deal there- 
of, to he very poor, and some good ; and that there may be a 
convenience for a town or township, if thought meet by the 
Assembly. 

Vote relative to Narraganseit. 

Whereas, there is a certain tract of land lying and being 
within that part of this colony called the Narragansett country, 
a plat whereof has been by this colony taken by Mr. John 
Mumford and Capt. James Carder, the which was at the gener- 
al election in May last presented and accepted ; and whereas 
the said tract of land doth of right belong to this colony, and 
many persons have made settlement on some part of the afore- 
said tract of land, contrary to an act of Assembly of this colo- 
ny, and as yet have made the colony no satisfaction for the 
lands whereon they have so settled, and many other persons 
are desirous to be accommodated with lands in said country, 
and to pay for the same according to such value as the au- 
thority may judge reasonable ; and this Assembly having tak- 
en the premises into their serious consideration, and being wiL 



62 RECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

ling to accommodate all such persons as are willing and 
desirous to settle on said land in an orderly way, as aforesaid, 
have, for the better effecting the same, thought fit to nominate, 
constitute and appoint Major Henry Tew, the recorder, Major 
Randall Holden, Mr. Richard Greene, Mr. Philip Tillinghast 
and Mr. John Mumford, surveyor, to attend them, the said com- 
mittee, as they may have occasion for a surveyor, giving and 
granting to said committee full power and lawful authority to 
divide and lay out the aforesaid tract of land, as in their wisdom 
they shall think fit and convenient ; and for such sum or sums 
of money as the parties, buyer and seller can agree. And that 
on the behalf of the Governor and company of this colony, to 
make sale and deliver such deed or deeds, or other instruments 
of conveyance as may be necessary and convenient. 

And as to all those lands which are already settled upon by 
any person or persons, without allowance from the government, 
this Assembly do farther empower the aforesaid committee to 
make such instruments, and to agree with the possessors, as 
may be for the colony's interest, with such deeds or convey- 
ance, as aforesaid ; and the money such lands shall be sold for 
by said committee, paid into the general treasurer of this 
colony. 

And we do further order, that what the aforesaid committee, 
or the major part of them shall do, act or perform in the prem- 
ises, shall be of as great force, and as valuable in the law, as if 
the General Assembly had been the immediate actors of the 
same. 

And said committee to have a commission from His Honor 
the Governor, with full authority to require aid and assistance 
in said work, as occasion may require, with order to the au- 
thority, viz. : assistants, justices and constables and other offi- 
cers, to be aiding and assisting in keeping and preserving the 
peace, &c. 

And it is further ordered, that the aforesaid committee shall 
be sufficiently paid for their labor and charge in that behalf 
out of the general treasury of this colony. 

And be it further enacted by the authority aforesaid, that 



1709.] AND PROVIDENCE PLANTATIONS. 03 

the Governor have full power to give a letter of attorney, under 
the seal of the colony, to our aforesaid committee, for the slic- 
ing themselves into the possession of all such lands as may be 
unjustly detained from them, and to meet at the house of Capt. 
John Eldredge, on the 18th of April, to proceed on said work, 
and to adjourn from time to time as the major part shall 
agree. 

And it is further enacted by this Assembly and the authority 
thereof, that the gentlemen, trustees or attornies for Ninegrett, 
sachem, for the good service and charge they have been at in 
propagating the interest of the colony, shall be allowed £25 
apiece in money, to all the committee or trustees that are con- 
cerned for Ninegrett ; except Joseph Hull, and the children of 
Major John Dexter, deceased, the sum of sixteen pounds, ten 
shillings. That is to say : sixteen pounds, ten shillings, to 
Hull ; and sixteen pounds, ten shillings, to the children of Ma- 
jor Dexter, to be paid as aforesaid, out of the monies the va- 
cant lands be sold for, or in land as the trustees and committee 
aforesaid, can agree. 

Voted, and it is further enacted by the authority aforesaid, 
•that the committee nominated and appointed at the Assembly 
at Warwick, October, 1707, to run the colony north line and 
easterly line between the province of the Massachusetts, and 
our colony, be still continued, and are ordered to proceed on 
said work the 16th of May next. 

Voted, upon the petition of Nicholas Mowrey, that the Assem- 
bly would give an explanation on the verdict in the case be- 
tween himself and Jahleel Brenton, Esq., the Assembly see no 
room to alter the verdict, but giant the said Mowrey liberty to 
sue by a writ of error, if he see good. 

Voted, the Assembly having perused the agent, William 
Wharton, Esq., his letter to the Governor, bearing date from 
London, August the 16th, 1708, in one paragraph of said letter 
he set forth the allowance given to other agents; and also 
makes a computation of his annual charge and expense in the 
colony's service, which amounts to £30 one year with another, 
and upon the whole charges the colony debtor for his service 



64 RECORDS OF THE COLONY OF RHODE ISLAND, [1708. 

one hundred pounds, as appears by his account ; the Assembly 
also being informed by William Penn, Esq., that by virtue of 
the power to him given from this colony, he agreed with the 
said William Wharton to solicit and appear in behalf of the 
colony in all cases relating to the same, and to pay him for his 
service £40 per annum. 

The Assembly taking the whole matter into their considera- 
tion, and being sensible of the fidelity and good service of said 
Wharton, to the colony, do see cause for his encouragement to 
continue in the colony's interest, to allow him, according to his 
computation, £30 for his charge and expense for every year he 
hath been in their service, or after that rate, to the 29th of this 
instant March ; which, according to his own account, amounts 
to five years and three quarters, the said sum of £30 to be 
added to the £40 annual allowance as per agreement with 
William Penn, is £20 per annum. 

And said Assembly, for farther encouragement of said Wm. 
Wharton to continue in their interest and service : 

Do enact, that the said William Wharton shall, from and af- 
ter the 29th of this present March, 1709, be and paid out of 
the general treasury of this colony, the sum of £80 per annum,, 
for his salary and expenses in the colony's service, or after that 
rate, for the time he shall continue in their service, as agent 
in the kingdom of Great Britain, aforesaid. 

Whereas, there is an act of this colony, that all persons that 
are licensed to keep a public house, to retail strong liquor, &c, 
shall pay forty shillings to the use of the town where the li- 
cense is granted ; but that sum being deemed too small in 
some towns where such houses have great trade and custom, 
as the creating of many unnecessary public houses, which is 
rather a nuisance than a benefit : 

Be it therefore enacted by this Assembly, and the authority 
thereof, that it shall be in the power of the respective town 
councils in this colony, to raise the price or value to be paid 
by such licensed persons, to such greater sum or sums as they 
shall think needful, not exceeding ten pounds for each license, 
hereby giving and granting to said respective town councils 



1709.] AND PROVIDENCE PLANTATIONS. G5 

full power and authority m the premises ; any act, or clause 
to the contrary, notwithstanding. And that the fine for selling 
without license, may be also in the council's power to raise or 
abate. 

And it is further enacted by the authority aforesaid, that the 
respective town councils shall and have hereby full power and 
authority to set such sum or sums for security of their respec- 
tive towns, for strangers that shall come to inhabit in their said 
towns as they shall think meet and convenient ; any law, 
usage, or custom to the contrary, notwithstanding. 

Voted, and it is further enacted by this Assembly and the 
authority thereof, that there be a rate or tax assessed on this 
colony of the sum of £500, according to the proportion of the 
last £'500 rate, for each town to be assessed, and paid into the 
general treasury, by the last day of June next ensuing ; and 
to be paid in the same specie and price as the last £800 rate 
was paid in. 

Voted, and be it further enacted, that whereas, there is one 
Bradford, son to Bradford, the printer, of New York, who hath 
offered himself to set up a printing press in this place, and to find 
paper and print all things that may relate to the colony and gov- 
ernment, for £50 per annum, if it be but for one year or two : 

The Assembly considering the premises, are, upon the con- 
ditions aforesaid, willing to allow him, the said Bradford, £50 
for one year ; and so yearly, if the colony see good to improve 
him. 

Whereas, the Assembly did empower Mr. John Holmes, Mr. 
John Odlin and Mr. Weston Clarke, to be undertakers to re- 
pair the colony house, in Newport, and ordered £100 to be laid 
out thereon ; and they having, for the greatest part, very credi- 
bly carried on and disbursed £140 10s., this Assembly well 
liking of their proceedings : 

Do order the general treasurer to pay what is over and 
above the £100 out of the last £800 rate, and to go on and 
fully finish said house ; and the money to be paid out of £500 
rate now as^ossert on the colony ; and for their labor and pains 

VOL. TV. 



66 RECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

in what they have done, this Assembly allow them £Q, to be 
paid out of the treasury. 

Voted, and be it further enacted by the authority aforesaid, 
that Major Henry Tew, Major Randall Holden and Mr. Weston 
Clarke, with the sheriff, Mr. Lang, account for their service as 
a committee, in settling the bounds of the colony with Connec- 
ticut, and a committee at Kingstown, to hear and take account 
of the several claims there to the lands in the Narragansett 
country ; we do allow their account, which amounts to £24, 
and order it to be paid out of the general treasury. 

And others that were concerned with them in said service, 
to be allowed the same proportion, as in the accounts above 
allowed. 

Voted, and be it further enacted, that the committee appoint- 
ed at Providence to agree with Ninegrett about settling and 
stating his proportion of land, and to view and inspect into the 
vacant lands in the Narragansett country, is by this Assembly 
allowed for their travel, trouble and expense in their several 
journeys, the sum of twelve pounds, to be paid out of the gen- 
eral treasury. 

Voted and ordered, that this Assembly's acts be published 
in the town of Newport, the 11th day of April next, by beat 
of drum ; and that copies thereof shall be sent to each town in 
this colony, by the 17th clay, under the seal of the colony; and 
the recorder shall have twelve shillings for each copy, paid by 
the general treasurer. 



1709.] 



AND PROVIDENCE PLANTATIONS. 



67 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the 
3d day of May, 1709. 

Col. Samuel Cranston, Governor, 
Walter Clarke, Deputy Governor. 



ASSISTANTS, 



Major Henry Tew, 
Capt, John Rogers, 
Major Joseph Jenckes, 
Capt. Thomas Fenner, 
Mr. George Brownell, 



Mr. Giles Slocum, Jr.., 
Major Randall Holden, 
Mr. Richard Greene, 
Capt. Jeoffrey Champlin, 
Capt. John Eldredge. 



RECORDER. 

Weston Clarke. 

SHERIFF. 

Mr. Nicholas Lang. 



GENERAL TREASURER. 

Capt. Edw. Thurston. 

GENERAL ATTORNEY. 

Capt. Simon Smith. 



Neivport. 
Mr. Benj. Arnold, 
Capt. James Barker, 
Mr. John Holmes, 
Mr. Henry Brightman, 
Capt. John Brown, 
Mr. Job Almy. 

For Providence. 
Mr. Jonathan Sprague, 
Capt. Sylvanus Scott, 
Mr. Philip Tillinghast, 
Mr. James Brown. 



DEPUTIES. 

Portsmouth. 
Mr. Jacob Mott, Jr., 
Mr. William Anthony, 
Mr. Thos. Durfee, Jr., 
Mr. George Cornell. 

Warwick. 
Mr. Benj. Barton, 
Capt. Benj. Greene, 
Mr. Job Greene, 
Capt Simon Smith, 



68 



RECORDS OF THE COLONY OF RHODE ISLAND, 



[1709. 



DEPUTIES. 



Westerly. 
Capt. James Babcock, 
Mr. Joseph Crandall. 

For Neid ShoreJiam. 
Capt. Simon Ray, 
Mr. Job Card. 

Kingstown. 
Capt. John Eldredge, 
Mr. George Hassard. 



Greemvich. 
Mr. Benj. Spencer, 
Mr. Peleg Spencer. 

Jamestown. 
Capt. Edward Carr, 
Mr. Ebenezer Slocum. 



MAJOR OF THE ISLAND. 

Maj. Wm. Wanton. 



MAJOR OF THE MAIN LAND. 

Maj. Joseph Jenckes. 



Capt. Simon Smith, chosen speaker. 
Capt. Edward Carr, chosen clerk. 

John Rathbone, Jr., William Rathbone, Jr., John Sands, John 
Dogge, Jr., Peter Ball, Sands Raymond, Roger Dickings, 
Ackens Tosh, John Ball, Nathaniel Dodge, Joseph Niles, all of 
Shoreham, admitted freemen of the colony. 

John Dennis, Joseph Burden, Francis Brayton, Jr.., David 
Brayton, Joseph Lawton, all of Portsmouth, admitted freemen 
of tins colony. 

John Weeden, Jr., of Jamestown, admitted a freeman of this 
colony. 



1709.] • AND PROVIDENCE PLANTATIONS. 09 



Proceedings of the General Assembly held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the Uh day of 
May, 1709. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 
Weston Clarke, recorder. 

The charter read, and the Governor, deputy governor, assist- 
ants, and other officers engaged. 

Capt. Simon Smith, chosen speaker. 
Capt. Edw. Carr, chosen clerk. 

The following Justices of the Peace were elected, and 
engaged. 

For Newport— Capt. Nathaniel Sheffield, Capt. Edw. Thurs- 
ton, Capt. James Brown. 

For Providence — Mr. Philip Tillinghast, Mr. Richard Water- 
man, Mr. Elez. Arnold. 

For Portsmouth — Capt. William Arnold, Mr. Bcnj. Hall, Mr. 
Jeremiah Smith. 

For Warwick — Capt. Simon Smith. 

For Westerly — Capt. William Champlin, Mr. Peter Crandall, 
Capt. John Babcock, Mr. John Sanders. 

For Kingstown — Mr. William Hall, Capt. Nathaniel Niles, 
Mr. Samuel Fones. 

For Greenwich — Capt. Thos. Frye, Mr. John Spencer, Mr. 
Pardon Tillinghast. 

James Clarke, chosen packer and sealer in the colony 



70 RECORDS OP THE COLONY OF RHODE ISLAND, [1709. 

Voted, Major William Wanton's propositions concerning the 
vessels, be accepted ; and that Mr. Job Almy, Mr. Philip Til- 
linghast, are desired to inspect and view the said vessels, and 
judge what value they are worth, and make return to the As- 
sembly. 

Be it enacted by this Assembly, and the authority thereof, 
that there be £1000 levied upon this colony, in like manner 
and specie as in the last £500 rate, to be paid in to the gener- 
al treasury by the 1st of September next. 

All which, is to be gathered in the like manner as in the 
last £500 rate. 

Expedition to Canada. 

It is enacted by the authority abovesaid, that the Governor 
shall have Major William Wanton, Major Henry Tew, Col. 
John Wanton, Mr. Job Almy and Capt. John Brown, for a spe- 
cial council, to assist him at this juncture of time, for advice, to 
manage the affairs for the more speedy expedition of the great 
design now intended against Canada; and whereas, at this 
emergent occasion there is need of shipping for the transporta- 
tion of the soldiers : 

It is further enacted, that the colony shall pay unto Major 
Wanton for his new sloop, called the Dimond, £400, at the 

rate of eight shillings ; and for the quarter of the 

sloop, called the Endeavor, that belongs to him and Henry 

Beere, &c, £112 10s., at the rate of eight shillings , 

as abovesaid ; and that Major Wanton shall have £100 paid 
forthwith, if he desire it ; and the former treasurer to take up 
said sum on the colony's account. And for the remainder 
which shall be due to him for said sloop, he shall be paid out 
of the £100 rate assessed upon the colony, when it comes into 
the treasury. 

And for what money the treasurer shall take up, viz. : the 
£100 abovesaid, he shall be reimbursed out of the last £500 
rate, if there be enough to pay him ; and what is wanting, 



1709.] AND PROVIDENCE PLANTATIONS. 71 

to make him satisfaction, he shall have it out of the £1000 
rate. 

And be it further enacted by the authority aforesaid, that 
Capt. Edward Thurston is appointed and chosen commissary, 
in behalf of the colony ; and that he, the said Capt. Edward 
Thurston, is to take effectual care for the raising and providing 
all naval stores for the colony use, as arms, ammunition, provi- 
sions, clothing, transports and all other things needful and ne- 
cessary for the present expedition to Canada, according to the di- 
rections of the Governor, with the advice of the committee, ap- 
pointed and to take an account of the soldiers, and to keep a list, 
to pay them at the expiration of the expedition. And him to 
account and do in that affair to all intents and purposes, not 
only in this expedition, but in all others, for the colony's 
service. 

And it is further enacted by this Assembly, that Capt. Edw. 
Thurston, commissary, shall have £12 10s., paid him out of 
the general treasury for his salary, for the year ensuing, for his 
good service. 

It is further enacted, that whereas the committee chosen for 
stating the bonds betwixt this colony and the province of Bos- 
Boston, appointed to meet at Providence on the 1st of this 
instant : 

It is ordered, that they shall meet the last Monday in June 
next. 

Case of Marsh against Barker. 

Voted, William Marsh, appellant to this Assembly from two 
judgments given against him in the Courts of Trials, the first 
Tuesday in September, 1708, and the last Tuesday in March, 
1700, Robert Barker, appellee; in which said Court of Trials, 
the verdicts and judgments were for the appellee, the Assem- 
bly having heard the whole matter and the true circumstances 
of the case : 

Do order, enact, declare, and decree as followeth, that the 
appellant shall make up his account with the appellee, re- 



72 RECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

lating to what estate the appellant has in his hands, concerning 
his brother Jonathan Marsh, before the town council of James- 
town, by the next sitting of this Assembly by adjournment ; 
and upon the making up said accounts to the executrix and 
council's satisfaction, he, the said Marsh, shall then give in 
such security as the said council, with the executrix, shall 
judge convenient for the security of the said Jonathan's estate, 
willed him by his father. But if said Marsh shall refuse or 
neglect to perform the decree of this Assembly, then execution 
shall be forthwith granted against said Marsh for the forfeiture 
of the bond, according to the judgments and verdicts aforesaid ; 
and the appellant to pay all costs on the several trials. And 
upon the appellant's complying with this order of the Assem- 
bly, the bond said William Marsh gave Robert Barker, to be 
void and of none effect. 

Voted, and be it further enacted by the authority aforesaid, 
that the proprietors of Jamestown, alias Canonicut, did ap- 
point a committee to lay out a highway through the island, 
from sea to sea, on the south line of the township, four rods 
wide, the premises being duly considered that the highway be- 
ing for Her Majesty's service : 

It is ordered and enacted by this Assembly, and the authori- 
ty thereof, that there shall be a jury appointed by the Govern- 
or's warrant to the sheriff, to summon a jury to lay out said 
highway by the last Monday in this instant May ; and that 
John Mumford, surveyor, be ordered to attend said jury on 
said work, and to make return to the next sitting of this 
Assembly. 

Voted, and it is further enacted, that the last £500 rate that 
was assessed upon this colony shall be paid into the former 
treasurer ; and after that to make up accounts with the colony. 

And be it further enacted by the authority aforesaid, that 
Mr. John Odlin, and Mr. Benj. Newbury and Capt. Edward 
Thurston, shall account with the former treasurer by the 1st of 
August next, and give him a discharge, and receive the books 
into their hands, and deliver them to the now present treasurer 
of the colony. 



1709.] AND PROVIDENCE PLANTATIONS. - 73 

And it is further enacted by this Assembly, and the authori- 
ty thereof, that for the kind acceptance of Col. Nicholson and 
Col. Veatch, into our government, it is left to our Honored 
Governor, Samuel Cranston, Esq., to treat them, and the charge 
to be borne by the colony, and paid out of the general treasury 
for the same. 

And it is further enacted by the authority aforesaid, that 
the present treasurer shall take up £21 15s. upon the colony's 
account, to answer Major Wanton's bill that is presented to this 
Assembly, and shall be reimbursed out of the last £500 rate if 
there be sufficient ; and what is wanting, he shall have out of 
the £1000 rate, that is now assessed upon the colony. 

And be it further enacted, that this Assembly be adjourned 
to the last Wednesday in August next, without the Governor, or 
in his absence, the deputy governor, see cause to call it sooner ; 
and the acts made at this session of Assembly, be published 
in the town of Newport, at the colony house, on Friday next, 
being the loth instant, by beat of dram, under the seal of the 
colony ; and to be of as full force, power and authority in and 
throughout this colony, as if it had been upon the dissolution 
of this Assembly ; and upon the concurrence of this vote, the 
Assembly is adjourned. 

Governor Cranston to Col Nicholson. 



Rhode Island, June 27th, 1709. 

Honorable Sir: — I have herewith enclosed a few lines from myself and council 
by way of address to Your Honor, with my most hearty and grateful resentments 
of your most generous and noble condescension, in taking upon you the supreme 
command of the united forces of the several governments appointed to attack the 
enemy by land. Though I am no way surprised at it, by reason the whole course 
of your life doth bespeak you a man of honor, zeal and generosity. Honor in your 
loyalty, courage and conduct, in promoting the interest of the nation ; zeal for the 
honor and glory of God in promoting the gospel ; generosity in the many noble 
gifts and presents bestowed upon the Protestant churches, to which may be added 
your charity to the poor ; all which being summed up together, we may fully con- 
clude that the blessing of God will accompany you, and give you success in accom- 
plishing the ends premised on this noble expedition. 

Besides your own just merits, Your Honor may depend upon the prayers and 
supplications of all good christians and loyal hearted subjects, that the Lord of Hosts 
will crown you with success and victory over Her Majesty's enemies, against whom 

VL. IV. 10 



74 KECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

j'ou are to be engaged. And Your Honor's success therein, I shall hold myself 
highly honored and obliged to receive the happy news thereof, or of any thing else 
that may be of importance for Her Majesty's service or the interest of your Honor 
during your expedition. 

Assuring you that my care and thoughts for Her Majesty's honor and your pros- 
perity and success, with the rest of Her Majesty's forces upon this noble expedition, 
are never idle; and there is nothing that I can do towards the promoting thereof, 
but will and shall, with a clear, full and loyal heart be readily endeavored and com- 
plied with to the utmost of my ability. 

I am, Honorable Sir, 

Your most humble and obliged servant, 

SAMUEL CRANSTON. 

Col. William Wanton with the forces of this colony, sailed from hence for Nan- 
tasket, the 19th inst., and arrived there the 22d. before they went from hence, 
Major George Leigh, whom I have commissionated in that post, bad improved our 
people so well as to exercise them by beat of drum. 

To the Hon. Col. Francis Nicholson, Esq. 



Governor Cranston to Col Nicholson. 

To the Honorable Col. Francis Nicholson, Esq. The humble address of the Gov- 
ernor and council of Her Majesty's colony of Rhode Island and Providence Plan- 
tations in New England, &c. 

May it please your Honor : — The Honorable Col. Samuel Vetch (by a letter from 
New York, of the 15th inst.) having acquainted us (that upon the humble address- 
es of the several governments of New York, Connecticut, East and West Jersey 
and Pennsylvania) Your Honor hath taken upon you the supreme command of all 
and sundry the troops which are to be jointly employed by said governments in the 
expedition against Canada, by land 

We do assure Your Honor, that we cannot but acknowledge the great goodness 
of God in putting it into their hearts to address Your Honor upon that head. Your 
Honor's loyalty, courage, conduct and other qualifications and virtues for such a 
command, being so generally known, that we presume there is no good subject in 
these parts but will rejoice when they hear of Your Honor's accepting said com- 
mand, as we heartily now do ; presuming that God Almighty hath a particular re- 
gard for the success of this expedition ; in that he hath by his good providence ena- 
bled you to continue your wonted courage and zeal for the honor, common o- od 
and welfare of the crown and nation (notwithstanding the fatigue and great diffi- 
culties Your Honor will be exposed to) as to take upon you the aforesaid com- 
mand, to the general satisfaction and encouragement, and spiriting the soldiery in 
having so worthy a person to lead and conduct them. 

We pray Your Honor that constant and good correspondency may be promoted 
and maintained with us in conjunction with the government of the province of the 
Massachusetts Bay and New Hampshire, &c, during your present expedition; and 
that no opportunity may be slipped or omitted to communicate to each other what 
may accrue and be needful for the promoting and accomplishing what our most gra- 



1709.] AND PROVIDENCE PLANTATIONS. 75 

cious sovereign hath, at such great charge ami expense, set on foot for the comfort 
and future prosperity of her good subjects in these parts. 

That the great God will more and more inspire Your Honor with courage, wisdom, 
and conduct, and give you h.'alth and strength in the management of the honorable 
and just enterprise you are now engaged in, and bless and prosper you, and all Her 
Majesty's forces engaged in this present expedition, and crown you with success 
and victory, is, and shall be the prayers of * 

Your Honor's most humble and obliged servants, 

SAMUEL CRANSTON. 

Newport, June 27th, 1709. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the last Wednes- 
day of Any ust, 1709. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Capt. Simon Smith, chosen speaker, 
Capt Edw. Carr, chosen clerk. 

Whereas, there hath been a committee of both houses, to in- 
spect into the debts and credits of the colony, and they think 
it necessary to raise money to defray the same : 

Voted, that there be .£1000 assessed on this colony to pay 
the colon}' debts, and to be paid in to the general treasury by 
the several towns of the colony, according to their several pro- 
portions in the last thousand pounds rate assessed on this colo- 
ny, and to be paid into the general treasurer by the last day 
of December next ensuing the date hereof. 

Voted, that the monies that come into the general treasury 
for the land sold in the Narragansett country, shall be improv- 
ed towards the Canada expedition. 

Whereas, there has been some quantities of .provisions taken 

* New York Colonial Mss./LIH. 104 



76 RECORDS OF THE COLONY OF RHODE ISLAND, [1709, 

up by Capt. Edward Thurston, commissary, and billeting sol- 
diers at Newport, on the Canada expedition, and no price set 
on said provisions, nor billeting the soldiers, have ordered the 
prices as followeth : 

Pork, £3 per barrel ; beef, forty shillings per barrel ; bread, 
at nineteen shillings per hundred ; flour, nineteen shillings per 
hundred ; for billeting each soldier, five shillings and sixpence, 
per week. 

Voted, whereas there hath been two petitions to this Assembly 
by Capt. Josiah Arnold and Mr. Robert Barker, of Jamestown, 
for settling the ferries of Jamestown, for some considerable 
time, and we have considered the premises, have determined 
to settle the ferries at Newport and Kingstown also, in man- 
ner following : 

That Mr. John Carr shall have the ferry at Newport for sev- 
en years ; he paying £4 per year for said ferry, into the gen- 
eral treasury. And Mr. Robert Barker shall have the east 
ferry at Jamestown, for seven years, he paying £4 per year in- 
to the general treasury, as aforesaid. And Capt. Josiah Arnold 
shall have the west ferry, at Jamestown, for seven years, he 
paying £ 4 4 per year iuto the general treasury. And John 
Smith and Jeremiah Smith shall have the ferry at Boston 
Neck, in Kingstown, for the term of seven years, [they] pay- 
ing £4 per year into the general treasury ; and every of said 
sums to be for the colony's use. 

And every one of the said ferries shall transport all the gen- 
eral officers, justices, deputies, jurymen, and the post, when up- 
on public concern for the colony, ferry free. And if either of 
said ferry men above mentioned, refuse these offers of this As- 
sembly, do empower Mr. Benjamin Arnold, Mr. John Holmes, 
and Capt. John Brown, or any two of them, to let out said ferry 
to others ; but not under £4 per year for each ferry. 

Voted, whereas our honored Governor hath laid before this 
Assembly some bills of exchange, drawn upon him by our late, 
agent, William Wharton, for monies due from the colony, the 
Assembly do order the Governor's acceptance thereof; and the 
bill or bills to be answered out of the colony's money assessed 
at the Governor's discretion. 



1709.] 



AND PROVIDENCE PLANTATIONS. 



77 



Voted, that the recorder shall send forth copies of the whole 
Assembly's acts within fifteen days after the dissolution of 
this Assembly, to the several towns, under the seal of the colo- 
ny ; and to have six shillings for each copy out of the general 
treasury ; and this Assembly is dissolved. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, by special tvarrant from 
the Governor, at Kingstown, the oOth of September, 1709. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 



ASSISTANTS. 



Major Henry Tew, 
Capt. John Rogers, 
Major Joseph Jenckes, 
Capt. Thos. Fenner, 
Mr. George Brownell, 



Mr. Giles Slocum, 
Major Randall Ilolden, 
Mr. Richard Greene, 
Capt. Jeoffrey Champlin, 
Capt. John Eldredge. 



DEPUTIES. 



Newport. 
Col. John Wanton, 
Capt. Nathaniel Sheffield, 
Capt. John Cranston, 
Capt. Richard Dunn, 
Mr. Benedict Arnold, 
Capt. James Brown. 

Providence. 
Mr. Jonathan Sprague, 
Mr. Philip Tillinghast, 
Capt. Nat. Jenckes, 
Mr. Richard Brown. 



Portsmouth. 
Mr. Abraham Anthony, 
Mr. William Coggeshall, 
Mr. Robert Fitch. 

Warwick. 
Capt. James Greene, 
Capt. Peter Greene, 
Capt. Simon Smith, 
Mr. Malachi Rhodes. 

Westerly. 
Capt. John Babcock, 
Mr. John Lewis. 



78 RECORDS OF THE COLONY OF RHODE ISLAND [1709. 

DEPUTIES. 

Kingstown. Jamestown. 

Mr. Stephen Hazzard, Capt. Josiah Arnold, 

Capt. Edward Greenman. Mr. John Hull. 

Greenwich. 
Capt. Thos. Fry, 
Mr. Thos. Nicholds. 

Capt. Simon Smith, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

Whereas, there is an appointment for a meeting of the sev- 
eral Governors with Col, Veach and Col. Nicholson, in order to 
consult what methods may be used concerning the negotiation 
of the late expedition against Canada, &c. ; and what methods 
may be used in reduction of the forces which were provided in 
answer to Her Majesty's commands, &c, and for other matters 
that may appear to be expedient, relating to said affairs ; and 
whereas, our honored Governor hath called this Assembly for 
advice and assistance in the premises : 

This Assembly having taken the matter into consideration, 
do order, and it is hereby enacted by this Assembly and the 
authority thereof, that a commitee be chosen out of both houses 
to assist the honored Governor with their advice and council in 
said meeting, who shall have full power as if the whole Assem- 
bly were present 

And the committee so appointed, is the deputy governor 
Major Tew, Major Jenckes, Major Holding and Mr. George 
Brownell, assistants ; and Col. John Wanton, Capt. Nat. 
Jenckes, Capt. James Greene, Mr. Abraham Anthony, Capt. 
Thomas Fry, and Capt. Josiah Arnold, deputies ; who shall 
have full power, they or the major part of them, to act and do, 
relating to said affairs as if the whole Assembly were there 
present as above said. 

And for their labor and charges, they shall be allowed to be 
paid out of the general treasury of this colony so much as they 
in reason shall judge due; as also what further may be neces 



1709.] 



AND PROVIDENCE PLANTATIONS. 



79 



sary to be expended for the honor of the colony, &c. ; and that 
this act be in force immediately after the dissolution of this 
Assembly, and that copies of it be sent to each town within 
this colony, under the seal of the colony, before the October 
Assembly next ; and the recorder to have two shillings per 
copy, and the Asssembly is dissolved. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the last Wednes- 
day of October, 1709. 

Col. Samuel Cranston, Governor. 



Capt. John Rogers, 
Major Joseph Jenckes 
Capt. Thos. Fenner, 
Maj. Randall Holden, 



ASSISTANTS. 

Mr. Richard Greene, 
Capt. Jeoffrey Champlin. 
Capt. John Eldredge. 



RECORDER. 

Weston Clarke. 

SHERIFF. 

Mr. Nicholas Lang. 



GENERAL ATTORNEY. 

Capt. Simon Smith. 



DEPUTIES. 



Neivport. 
Mr. William Barker, 
Lieut. John Holmes, 
Mr. John Mumford, 
Mr. James Barker, Jr., 
Mr. Joseph Peckham, 
Mr. John Rogers, Jr. 



Providence. 
Mr. Jonathan Sprague, 
Mr. Philip Tillinghast, 
Capt. Nat. Jenckes, 
Mr. Richard Brown, 



80 RECORDS OP THE COLONY OF RHODE ISLAND, [1709. 

DEPUTIES. 

Portsmouth. For Westerly. 

Mr. Abraham Anthony, Mr. James Noyes, 

Mr. Joseph Cook, Mr. William Wilkinson. 

Mr. William Coggeshall, Kingstown. 

Lieut. Robert Fitch. Mr. Samuel Wickham, 

Warwick Mr. Elisha Coale. 

Capt. Benjamin Greene, Greenwich. 

Mr. John Warner, Jr., Mr. John Spencer, 

Mr. John Weeks, Mr. William Bennett. 

Mr. Jabez Greene. For Jamestown. 

Mr. John Hull, 
Mr. David Greene. 

Mr. Abraham Anthony, chosen speaker. 
Mr. Samuel Wickham, chosen clerk. 

The House resolved into a committee to hear appeals. 

Samuel Albrow, plaintiff, upon appeal. 

Weston Clarke appeals in behalf the General Council. 

The case being called, and counsel , judgment was given 

for the appellee, in that the bond should be chancer'd ; and that 
the costs and damages allowed the appellee should amount to 
£15 01s., and to draw all the money out of the recorder's of- 
fice, to all bills of cost, officers' fees excepted ; and the charge 
of officers' fees in this Assembly to be equally borne between 
the appellant and appellee ; which money is hereby also in- 
tended and ordered after collection, shall be paid by the record- 
er unto Mr. James Noyes ; he taking his, the said Noyes's re- 
ceipt in full thereof, whereupon, the bond sued for, shall become 
null and void. 

Jacob Norton, appellee. 

Capt. Stephen Mumford, appellant. 

The case being fully debated in the Assembly by their at- 
tornies, the vote of the Assembly is, that the verdict of the 
jury in September court, 1709, whereof the jury found for the 



1709.] AND PROVIDENCE PLANTATIONS. 8] 

appellee the possession of the land sued [for], shall be reversed 
and of no effect. 

And it is voted of this Assembly, that Capt. Stephen Mum- 
ford, the appellant, pay all the cost in the former Courts of 
Trials, according to the several bills of cost, ancTthe cost of this 
Assembly. 

An Act for the establishing of wages for the soldiers and com- 
manders, and seamen engaged in the intended expedition to 
Canada, as followeth, viz. : 

Colonels per week £4 04s. lOd, 

Majors, « 2 10 00 

Captains, « 110 00 

Lieutenants," 15 00 

Ensigns, « 12 00 

Clerk and sergeant, per week 09 00 

Corporal and drummer, per day 07 00 

Sentinels, « 06 00 

The Assembly do see cause to allow Capt. Sweet £3 for his 
services as surgeon and doctor. 

Sea tmcjes, per month. 

Masters, per month £4 10s. Od. 

Mates, « 2 15 

Sloops, per tonage, per month 06 6 

Boatswain, " 2 00 

Carpenter, " 2 00 

Cooper and steward, and advances, per month 12 

Pilot, « 3 00 

Sailor, " 1 10 

Carpenter. « 2 00 

dinner, « 2 00 U 

And be it further enacted by the authority aforesaid, that 
for the extraordinary expense of Col. William Wanton, in the 
promoting that present expedition, intended to Canada, that he 

VOL. iv. 11 



82 RECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

shall be allowed £50, to be paid by the general treasurer of 
this colony. 

And it is further enacted, that no officer in the said expedi- 
tion shall be allowed any more wages than what is above ex- 
pressed, with the allowance above said. 

An Act for disbanding the soldiers in the expedition to 

Canada. 

Whereas, this Her Majesty's colony, in obedience to Her 
Majesty's commands by the Honorable Colonel Samuel Veach, 
bearing date 28th of February, 1708-9, did fit out and equip 
several transports with stores, and two hundred effective men 
for an intended expedition against Canada j and whereas, the 
said transports and men have been waiting and attending up- 
on the intended expedition for the space of five months and 
upwards, and no prospect of any further projection of said ex- 
pedition at present, the season of the year being far spent, and 
considering the great charge the colony hath been at : 

This Assembly truly considering the premises, do enact, and 
it is hereby enacted, that upon the dissolution and adjournment 
of this Assembly, which shall first happen, the aforesaid forces 
shall be disbanded and discharged from the colony's pay- 
ments. 

An Act for empowering His Honor, the Governor, Capt. Nathl 
Sheffield, Col. John Wanton, and Mr. John Holmes, or the 
major part of them, to improve the colony's vessels, or sell 
them to the best advantage, for the colony, as they shall 
see good. 

An Act for the commissary to receive the colony's stores. 

It is enacted by the Assembly, and the authority thereof, 
and it is hereby enacted, that all stores of provisions, or any 
other stores which were provided for in the expedition, that is 
now remaining, shall be forthwith delivered into the custody of 
the commissary, to be disposed of for the benefit and interest 
of the colony, as he shall see fit. 

And it is further enacted by this Assembly, that all the 



1709.] AND PROVIDENCE PLANTATIONS, 83 

arms sent over by Tier Majesty for the intended expedition, be 
lodged in the commissary's hands and custody, till the last day 
of May next, except Her Majesty see cause to improve them 
sooner. But in case Her Majesty shall not see cause to give 
further encouragement by the last of May, to proceed in said 
expedition, and should not go forward, that every soldier have 
his arms delivered to him, according to Her Majesty's encour- 
agement. 

And it is further enacted, that the soldiers be allowed their 
coats clear of all charge, officers excepted, under commission. 

An Act for stating the lines between this colony and the Mas- 
sachusetts. 

Be it further enacted by the authority aforesaid, that Capt. 
John Eldredge, Capt. James Carder, Major William Hopkins, 
and Capt. Thomas Fry to run the lines, are appointed as near 
as they can between our colony and the province, according to 
both their charters ; and to begin said work on the second 
Tuesday of November. And Major Joseph Jenckes, and Mr. 
Jonathan Sprague, to be assistants to said persons for advice, 
&c, and run the north line from Pawtuckct Falls to the south 
line of the said province. 

An Act for stating Her Majesty's highways in Jamestowm, ac- 
cording to a petition of the proprietors. 
Voted, and it is enacted by this Assembly, that all persons 
concerned, are to move off their fences of the highways by the 
10th day of December next ; which if they refuse or neglect 
to do accordingly, then it shall be lawful for the wardens, or any 
one of them, in said town, to give forth their order or v. 
to a constable or constables, to take sufficient aid if 
require, to lay open the said highways; avid to see 
things complied with or done, according to the. purport ol 
petition. 

An Act for adjourning the Ass , feo Newport. 

This Assembly having truly weighed and considered what 



84 RECORDS OF THE COLONY OF RHODE ISLAND, [1709. 

His Honor, the Governor, bath laid before them, the great want 
of money to defray the colony charge ; and having truly con- 
sidered the premises, that at this session we cannot see the 
treasurer's accounts whereby we [can] be informed what sum 
of money may be wanting, and some other business yet un- 
settled : 

It is the vote of the Assembly, that it be adjourned to New- 
port, to the last Tuesday of February, without the Governor, 
or in his absence, the deputy governor, see cause to call them 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 28th of Feb- 
ruary, 1709-10. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Mr. Abraham Anthony, chosen speaker. 
Mr. Samuel Wickham, chosen clerk. 

An Act for the raising £1200. 

Be it further enacted by this Assembly, and the authority 
thereof, that there be a tax or levy of £1200 assessed on this 
colony, to be raised and paid by the last of June next ensuing 
the date hereof; and each town's proportion to be as follower!), 
viz. : * * * 

The town of Portsmouth being behind in the last rate of a 
£1000, in the sum of £3: 

It is now ordered, that it shall be added to their proportion 
in the £1200 rate, in money, or according to the species or 
prices herein after named, viz. : wheat, at four shillings, six- 
pence, per bushel ; Indian corn, at two shillings, sixpence, per 
bushel ; barley, at two shillings, per bushel ; cats, at one shilling, 



1710.] AND PROVIDENCE PLANTATIONS. 85 

three pence, per bushel ; wool, at eleven pence, per pound ; rye, 
at two shillings and sixpence, per bushel ; aJl which said species 
to be sound and merchantable, to be levied and gathered by 
the time in this act afore premised. 

Voted by this Assembly, upon the petition of Capt. Edward 
Thurston, to be discharged from the forfeiture of a bond, given 
by said Thurston, for the appearance of one Stewart, who was 
committed a prisoner from the town of Westerly, and who 
made his escape in the time said Thurston was employed in 
the colony's service ; the Assembly, upon the consideration of 
the premises, see cause to discharge the said [Thurston] from 
the forfeiture of said bond. 

Voted, that whereas at the sessions of this Assembly, at 
Warwick, the 2Gth of October, 1709, was preferred to said As- 
sembly a petition signed by Edward Kerr Clarke, by order of 
a committee appointed by the proprietors of Jamestown, to lay 
out highways in said town, for Her Majesty's service : 

And for the explanation of said act, this Assembly do de- 
clare, that the intent thereof was only for a confirmation and 
opening of two highways, viz. : the highway from ferry to fer- 
ry, across the Island, stated and confirmed by the proprietors 
and a jury, run by John Mumford, surveyor ; and one other high- 
way, that extends through said Island down to the beach, at 
the head of Mackerel Cove. And the said act hath no refer- 
ence to any man's property, save what may fall within the 
highways, if any. 

Voted, and further enacted, that where there was a mistake 
in the town of Portsmouth last rate, in their proportion of the 
£1000, which should have been £149 16s. Qcl, so that said 
town is £3 behind, which by this Assembly is ordered shall be 
added to said town's proportion in the £'1200 rate assessed on 
the colony, in this session of Assembly. 

Whereas, there hath been several committees appointed by 
the authority of this colony, to meet with such of the province 
of the Massachusetts Bay, as should be by them appointed for 
the stating and settling of the lines of jurisdiction, according to 



86 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

each of their charters, and there being appointed by this colony 
several meetings upon that head, which hath proved to no ef- 
fect ; that when met, the gentlemen of the province appointed, 
having no full commission to complete the premises, which hath 
proved a considerable charge to the colony, and our endeavors 
frustrated. But some of our last committee, by order, run 
said lines, which this Assembly judges to be according to our 
charter ; yet, this Assembly being desirous to have a unani- 
mous agreement for the stating of the same, have appointed 
and empowered the persons above mentioned in this act, at 
Warwick ; and this Assembly do desire and fully empower our 
Honored Governor to signify the same to the General Assem- 
bly of said province, that they will appoint persons fully com- 
missionated for the stating said lines, and appoint the time of 
meeting; and if our propositions be refused by said Assembly 
of the province, then to proceed as may be thought best by the 
Assembly of this colony. 

An Act for the persons hereafter named, to draw the acts of 
this Assembly, in form for publication, and to account with 
the treasurer and commissary, and make up the agent's 
accounts. 

Be it further enacted by this present Assembly, and the au- 
thority thereof, and it is hereby enacted, that Maj. Henry Tew, 
Mr. Giles Slocum, assistant, Capt. Benjamin Greene, and Mr. 
Samuel Wickham, with the recorder, are appointed to draw the 
Assembly's acts in form for publication ; and they, or the ma- 
jor part of them, meeting at Newport, the 16th of this instant 
March, in order thereunto. And upon the completing thereof, 
to be published in the town of Newport, at the colony house, 
by beat of drum ; and copies thereof, under the seal of the col- 
ony, to be sent to each town by the 28th day of this instant 
March ; and the recorder to have fifteen shillings in money for 
each copy, to be paid out of the treasury. 

And it is further enacted, that the above said persons are ap- 
pointed to audit the general treasurer's accounts and commissa- 



1710.] 



AND PROVIDENCE PLANTATIONS. 



87 



ry, and the agent, Mr. Wharton's accounts ; and to make re- 
turn to the Assembly in May next ; and to have three shillings 
per day, during their service therein. 
And the Assemblv is dissolved. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 2d day of 
May, 1710. 

Col. Samuel Cranston, Governor. 
Walter Clarke. Deputy Governor. 

The assistants from the several towns. 



DEPUTIES. 



For Newport. 
Col. John Wanton, 
Capt. Nathaniel Sheffield, 
Lieut. Thos. Weaver, 
Mr. Edw. Smith, 
Capt. James Brown, 
Mr. Joseph Gardiner. 

Providence. 
Mr. Jonathan Sprague, 
Mr. Joseph "Whipple, 
Lieut, Andrew Harris, 
Mr. William Hopkins. 
For Portsmouth. 
Mr. Thomas Cornell, 
Mr. Thos. Coggeshall, 
Mr. William Anthony, 
Mr. George Cornell. 



For Warwick. 
Mr. Job Greene, 
Capt. Simon Smith, 
Mr. Charles Hold en, 
Mr. John Rice. 

Westerly, 
Capt. William Champlin, 
Mr. John Lewis, 

For New Shorcham. 
Capt. Simon Ray, 
Lieut. Nath'l Mott. 

For Kingstown. 
Capt. Edw. Greenman, 
Mr. Samuel Wickham. 

For East Greenwich. 
Capt. Thos. Fry, 
Mr. Thomas Spencer. 



88 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

DEPUTIES. 

Jamestown. Mr. Nicholas Carr. 

Mr. John Weeden, 

Col. John Wanton, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

Voted, the two houses resolved into a grand committee, for 
the work of the day. 

Henry Stanton, Timothy Peckham, Peleg Wood, Eseck 
Brown, Henry Bull, Samuel Lindall, Henry Clark, John Taylor, 
William Marsh, Hugh Mosher, George Jeffers, John Reynolds, 
Jonathan Sabin, Peter Coggeshall, Samuel Eusten, Benj. Bull, 
Richard Ward, William Dyre, Jr., Robert Carr, Samuel Dyer, 
Jr., Robert Carr, Jr., John Bennet, Jr., Job Bennet, Kendal 
Nicholds, Jedediah Howland, Samuel Buffum, all of Newport, 
admitted freemen of the colony. 

Zachariah Jenkins, Michael Spencer, shipwright, Wm. Corry, 
Samuel Gardiner, John Tibbets, Joseph Edmonds, all of Green 
wich, admitted freemen of the colony. 

John Cook, Joseph Dennis, Stephen Brayton, John Dexter, 
Thomas Brown, all of Portsmouth, admitted freemen of the 
colony. 

Major Tew, Major Jenckes, Mr. George Brownell, Capt. Jeof- 
frey Champlin, to open the proxies. 

Col. John Wanton, Mr. Jonathan Sprague, Mr. John Cogges-' 
hall, Capt. Wm. Champlin, and Capt. Thos. Fry, to receive the 
votes. 



1710.] AND PROVIDENCE PLANTATIONS. 89 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 3d day of 
May, 1710. 

Col. John Wanton, chosen speaker. 
Capt. Thos. Fry, chosen clerk. 

The Assembly resolved into a committee, for the work of the 
day. 

The charter opened and read. 

The following were chosen, and severally engaged. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major Henry Tew, Mr. George Cornell, 

Capt. John Rogers, Major Randall Holden, 

Major Joseph Jenckes. Mr. Richard Greene, 

Capt Thos. Fenner, Capt. Jeffrey Champlin, 

Mr. George Brownell, Capt. John Eldredge. 
Mr. Giles Slocum, 

RECORD EPu GENERAL ATTTORNEY. 

Weston Clarke. Mr. Simon Smith. 

SHERIFF. MAJOR FOR THE ISLANDS. 

Mr. Nicholas Lang. Capt. Nath'l Sheffield. 

GENERAL TREASURER. MAJOR FOR THE MAIN. 

Capt. Edward Thurston. Major Joseph Jenckes. 

The following Justices of the Peace were chosen and 
e lumped: 

For Newport— Major Sheffield, Capt Edw. Thurston, Capt. 
James Brown. 

VOL. iv, 12 



90 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

For Providence— Mr. Ebenezer Arnold, Mr. Philip Tilling- 
hast, Mr. Richard Waterman. 

For Portsmouth— Mr. Benjamin Hall, Mr. William Anthony, 
Mr. Jeremiah Smith. 

For Warwick— Capt. Simon Smith. 

For Westerly— Capt. William Champlin, Mr. Peter Clark, 
Capt. John Babcock, Mr. John Sanders. 

For Kingstown— Capt. Nath'l Niles, Mr. Samuel Fones, Mr. 
George Hassard. 

For Greenwich— Capt. Thomas Fry, Mr. John Spencer, Mr. 
Pardon Tillinghast. 

Mr. James Clark, chosen packer and gauger. 

At a General Assembly, held at Newport, the 3d day of 
May, 1710. 

Joseph Knowlton, appellant, John Pellet, appellee. 

The case called and debated in the Assembly ; the appellant 
praying relief of a reversion of the two last judgments in Sep- 
tember and March last past, the Assembly having heard the 
case, after long debate, being put to vote, the majority of the 
Assembly voted, that there should be an abatement of the for- 
mer verdicts and judgments of court given for said Pellet, 
which was in these words : 

We find for the plaintiff £32 12s. 9d., and cost of court. 
The Assembly again voting what the abatement should be, was 
carried in the affirmative, that the said Knowlton, appellant, 
shall pay to the appellee, John Pellet, £24, and the costs due 
in all the courts, to the appellee, officers' fees excepted. 

The Assembly adjourned to the third Tuesday in August 
next, &c. 



1710.] AND PROVIDENCE PLANTATIONS. 91 



Instructions to the Governors of Massachusetts, Neiv Hampshire, 
Virginia, Maryland, Carolina and Rhode Island. 

An additional instruction to our trusty and well beloved Samuel Cranston, Esq., 
Governor of our colony of Rhode Island and Providence Plantations, in New 
England, in America; or, to our commander in chief of our said colony, for the 
time being. Given at our Court, at Windsor, the third day of July, 1708, in the 
seventh year of our reign. 

Whereas, in the third and fourth years of our reign, an act of Pailiament has 
been passed, entitled " An Act for granting to Her Majesty a further subsidy on 
wines and merchandize imported ;" wherein, among others, there is a clause in the 
words following, viz. : " And whereas, by the acts made in the twelfth and twenty- 
fifth years of the reign of His late Majesty, King Charles the Second, the former 
entitled, ' An Act for the encouraging and increasing of shipping and navigation, 
and the latter entitled, ' An Act for the encouragement of the Greenland and East- 
land trade, and for the better securing the plantation trade,' certain commodities 
therein enumerated, of the growth, production or manufacture of any of the English 
plantations in America, Asia or Africa, are obliged to be imported into this kingdom 
of England, dominion of Wales, or town of Berwick-upon-Tweed, or to some other 
of the said plantations, under the securities and penalties in the said acts particular- 
ly mentioned, to the end this kingdom might be made a staple, not only of the com- 
modities of those plantations, but also of the commodities of other countries, for sup- 
plying them ; since the making of which laws, several commodities which are not 
in the said acts particularly enumerated, such as rice and molasses, are produced 
and made in the said plantations, and carried to divers foreign markets in Europe, 
without being first brought into this kingdom, dominion of Wales, and town of Ber- 
wick-upon-Tweed, contrary to the true intent and meaning of the foresaid laws, to 
the great prejudice of the trade of this kingdom, and the lessening the correspond- 
ence and relation between this kingdom and the aforesaid plantations ; 

" Eor the prevention whereof, for the future, be it enacted by the authority 
aforesaid, that from and after the 29th day of September, 1705, all rice and molas- 
ses shall be under the like securities and penalties, restrained to be imported into 
this kingdom, dominion of Wales and town of Berwick, aforesaid, as by the fore- 
recited acts or either of them, is provided for the goods therein particularly enu- 
merated." 

It is therefore our will and pleasure, that you take particular care, and give the 
necessary directions in our province of the Massachusetts Bay, under your govern- 
ment, that the true intent and meaning of the said clause be strictly and duly com- 
plied with. 

And whereas an act of Parliament passed in the third and fourth years of our 
reign, entitled " An Act for encouraging the importation of naval stores from Her 
Majesty's plantations in America;" as likewise an act passed in the fifth year of our 
reign, entitled, " An Act for an union of the two kingdoms of England and Scot- 
land," (in which last are contained certain articles relating to the plantation trade, 
more particularly the fourth, fifth and sixth) have been already sent you. 

And whereas, two other acts have also been passed, in the sixth year of our reign. 



92 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

entitled " An Act for ascertaining the rates of foreign coins, in Her Majesty's plan- 
tations, in America," and " An Act for the encouragement of the trade to Ameri- 
ca," copies whereof you will herewith receive : 

It is our further will and pleasure, that you use your best endeavors that the said 
acts, with all the clauses, matters and things therein contained, be in like manner 
strictly and duly observed in our said province, according to the true intent and 
meaning thereof. 

Board of Trade to Governor Cranston. 

TO COL. CRANSTON. 
Sir: We have considered three letter? from you, dated the 5th December, 1708, 
containing full and satisfactory answers to what we wrote to you ; and we shall from 
time to time expect the accounts you promise us, as well in regard to negroes, as 
other matters, concerning the administration of the government under your care, to 
the welfare and prosperity of which, we shall contribute as much as in us lies. 

As to wbat you write about the suspending of the act for settling the rates of for- 
eign coins, till you see what methods shall be taken by the province of the Massa- 
chusetts Bay, in that matter ; we are to acquaint you, that you ought not, on any 
account, to delay the execution of the said law, but to pay an exact and punctual 
obedience thereunto. We do write to Col. Dudley by this conveyance, that he take 
care the said act be duly complied with. 

So soon as the several acts of the colony shall be finished, we expect that you 
will transmit the same to us ; as likewise all such other acts of Assembly, as shall 
be passed for the future, as opportunity shall serve. So we bid you heartily fare- 
well.* Your very loving friends, 

STAMFORD, 
PH. MEADOWS, 
JOHN PULTENEY, 
ROBERT MONCKTON. 
Whitehall, January 16th, 1709-10. CHA. TURNER. 



* J. Carter Brown's Manuscripts. Yol. VIII., Nos. 506, 512. 



1710.] AND PROVIDENCE PLANTATIONS. 93 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, by the Govern, 
or's special warrant, July the 26th, 1710. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Col. John Wanton, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

The Assembly met, and called. Upon consideration, ad- 
journed to the 30th of July, 1710. 

mh July, 1710. 

[The Assembly was] then called and full. 

It is enacted by the authority aforesaid, that this colony shall 
forthwith raise, to be employed in the present intended expe- 
dition to Port Royal, the number of one hundred and forty- 
five effective men, who are to be proportioned out of the sev- 
eral towns in this government, as folio weth, viz. : out of 

Newport 40, whereof 12 Indians. 

Providence 31, " 8 « 

Portsmouth 11, « 3 « 

Warwick 10, " 3 « 

Westerly 12, « 4 

Kingstown 31, " 8 

Greenwich 7, " 3 

Jamestown 3, u 2 

The stores appointed to subsist said men for three months. 

Bread 9,000 lbs. weight, Beef 20 barrels, 

Flour 30 casks, Butter 4 firkiis, 

Peas 60 bushels, Beer 20 barrels, 

Indian corn 40 " Rum 4 hogsheads. 

Pork 70 barrels, 



94 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

And be it further enacted by the authority aforesaid, that 
Capt. James Brown, Capt. Henry Beer, Capt. Benjamin Ellery, 
and Capt. Job Almy, be a standing committee to assist His 
Honor, the Governor, and the commissary general in taking up 
vessels, with all other necessaries not above premised, to pro- 
ceed on said expedition ; and that His Honor, the Governor, 
with the advice of the majors of this colony, shall appoint all 
commissioned officers for the said expedition ; the lieutenant 
colonel and major only excepted, who by this Assembly is 
elected already. 

And further, that the Honored Governor, together with the 
commissary general, and the committee, aforesaid, or the major 
part of them, are hereby empowered to appoint a commissary 
and pilots, to proceed on said expedition ; and the commissary 
so proceeding, to be allowed £3 per month, and the pilots the 
same allowance. 

And further, it is enacted by the authority aforesaid, that the 
commissary general be allowed the like salary which was given 
him the last year ; he having been so honorable as to accept 
the same conditions. 

And it is further enacted by the authority aforesaid, that 
what Indians shall be raised or enlisted for the intended expe- 
dition, aforesaid, shall be proportioned to the advantage of every 
town in this colony, according to their established quota, for 
the expedition aforesaid. 

W hereas, this Assembly has been credibly informed that His 
Excellency, Colonel Dudley, has declared, that if Major Joseph 
Jenckes was empowered thereto, he doubted not but that they 
two should settle the misunderstanding about the lines of par- 
tition between his and this government : 

It is therefore enacted by the authority aforesaid, that the 
said Major Joseph Jenckes shall be hereby amply empowered 
to treat with His Excellency, Col. Dudley, and effectually to 
settle the misunderstanding about the bounds of this colony 
from Pawtucket Falls on the north and west lines of partition 
between that province and this colony, which so long has been 
contended. Always provided, it be accommodated in six 



1710.] AND PROVIDENCE PLANTATIONS. 95 

months from the sitting of this Assembly ; and His Honor, the 
Governor, by the first opportunity to inform His Excellency of 
this act. 

And be it further enacted by the authority aforesaid, that 
the rates for officers' and soldiers' wages hereunto affixed, shall 
be an establishment for the present intended expedition, and 
by this colony duly paid, viz. : 

Wages per week. 

£ s. d. £ s. d. 

Lieutenant colonel 3 15 Ensign 17 

Major George Lee 2 00 Sergeant, if impressed. .0 09 

Captain 1 10 If volunteers 13 

Lieutenant 1 00 

Wages per month. 

£ s. d. £ s. d. 

Corporals and drummer, Sea captain 5 00 

if volunteers 11 Mates, stewards, carpen- 

If impressed, but 08 ters, coopers, boat- 
Sentinels impressed. . . .0 06 swain, over and above 

If volunteers 0100 sentinel wages 06 

Clerks, if impressed 09 Pilot 3 00 

If volunteers 13 

Vessels per ton, according to the Massachusetts establish- 
ment ; and the lieutenant colonel to be allowed fifty pounds 
for his extraordinary expense, which is in full of all charges 
over and above his wages. 

And be it further enacted by the authority aforesaid, and it 
is hereby enacted, that all volunteers that shall enlist them- 
selves in Her Majesty's service against Port Royal, &c, and 
were last year enlisted for the intended expedition to Canada, 
&c, shall have forty shillings per month paid them for then- 
service, during their continuance therein ; and have twentv- 



96 RECORDS OF THE COLONY OF RHODE ISLAND, [1710. 

five shillings allowed each of them on the account of their 
guns for their last year's service, and their guns gratis, 
pursuant to Her Majesty's royal gift; and shall be hereby 
protected from impressing in Her Majesty's service in this 
colony, for three years to come, from the setting of this As- 
sembly, and have freedom to return at the conclusion of 
this expedition, with their respective officers. And that 
His Honor, the Governor, be hereby empowered to put forth 
his proclamation to publish the same, according to said en- 
couragement. 

And it is further enacted by the authority aforesaid, that 
each soldier that was last year enlisted in Her Majesty's 
service for Canada, and does not now appear to enlist, shall 
have the allowance of twenty-five shillings for his gun, to 
be paid out of the general treasury. 

An Act for issuing bills of credit. 

Be it enacted by the authority aforesaid, and it is hereby 
enacted, that there shall be forthwith raised the sum of 
£5,000, in bills of credit on this colony, to be formed thus, 
viz. : 

One thousand pounds, in five pound bills ; one thousand 
pounds, in three pound bills; five hundred pounds, in forty 
shilling bills ; five hundred pounds, in twenty shilling bills ; 
five hundred pounds, in ten shilling bills ; five hundred 
pounds, in five shilling bills ; five hundred pounds, in two 
shilling and six penny bills ; five hundred pounds, in two shil- 
ling bills. And each bill to be in equal value to current silver 
money of New England ; and to have an anchor and Hope, 
affixed in the escutcheon, with such other impress as shall be 
thought meet by the signing committee, &c, to impress. 

The bills to be formed thus : 

This indented bill, of , due from the colony of 

Rhode Island and Providence Plantations, in New England, to 
the possessor thereof, shall be in equal value to money, and 
shall be accordingly accepted of by the general treasurer and 
receivers subordinate to hint, in all public payments, and for 



1710.] AND PROVIDENCE PLANTATIONS. 97 

any stock at any time, in the treasury. Newport, August the 
16th, 1710. By order of the General Assembly, for the colo- 
ny, abovesaid. 

And be it further enacted by the authority aforesaid, that 
Lieut. Col. John Wanton, Lieut. John Odlin, Major Nathaniel 
Sheffield, Major Joseph Jenckes, Mr. John Coggeshall, of Ports- 
mouth, and Mr. Job Greene, are hereby appointed and empow- 
ered, or any three of them, to sign the aforesaid bills, which 
shall give sanction to each bill so signed ; and said committee 
for their so doing, to be paid out of the general treasury. 

And said bills to pass as aforesaid, for the space of five years 
ensuing the date, unless the Assembly of this colony see cause 
to call them in sooner ; and when called in, the possessor of 
such bills to be reimbursed the sum mentioned in such bill or 
bills, in current money, by the general treasurer of this colony ; 
and the money to be so paid, shall be levied and collected by 
act of Assembly ; being proportioned by tax on the inhabitants 
of each town in this colony. 

And be it further enacted by the authority aforesaid, that it 
shall be accounted felony in any person or persons to counter- 
feit or deface any bill or bills of credit by this Assembly ap- 
pointed to be made ; and such person or persons so offending? 
shall be punished by cropping of ears, whipping, fining at dis- 
cretion, and imprisoment for twelve months, &c. 

And it is further enacted by the authority aforesaid, that 
Lieut. Col. John Wanton, and Lieut. John Odlin, are hereby 
empowered to agree with the engraver and printer for the en- 
graving the plates, and stamping of said bills of credit ; and 
that the}', with the advice of the Governor, order the forms of 
the flowers to be fixed on the verges of the escutcheon that 
shall be affixed to each bill. And that they shall, with all con- 
venient speed, get the sum of five thousand pounds printed, fit 
to be signed by the committee, aforesaid ; and then lodged in 
the general treasury until the Assembly shall appoint how 
many of them shall be signed ; and the charge of printing to 
1)0 paid out of the treasury, when lodged therein. 

And it is further enacted by the authority aforesaid, that 

vol. iv. 13 



98 RECORDS OF THE COLONY OF RHODE ISLAND [1710. 

when the full number of bills shall be stamped, that all the 
stamps or plates, and all other utensils thereto belonging, shall 
be forthwith put into the general treasury, where they shall re- 
main, until by act of Assembly they shall be otherwise dispos- 
ed of. 

And be it further enacted by the authority aforesaid, that as 
soon as three thousand pounds, in bills of credit, can be stamp- 
ed, the same shall be signed with all possible speed by said 
committee, or any three, and forthwith improved for this colo- 
ny's use, as the Honorable the Governor shall order the general 
treasurer to disburse the same. 

An Act relative to the expedition to Canada. 

Be it further enacted by the authority aforesaid, that there 
shall be ten men added to the one hundred and forty and five 
men to be employed on the present intended expedition, viz. : 

One commissary, one pilot, and eight sailors. And if so 
many doth not appear as volunteers, they shall be impressed 
for said service, and their allowance and wages shall be accord- 
ing to the accustomed rates, or as above expressed. 

And be it further enacted by the authority aforesaid, that in 
case the number of one hundred, fifty and five men shall not 
appear to list as volunteers, His Honor, the Governor, is hereby 
empowered by his warrant, directed to proper persons, to exe- 
cute the same, to impress so many men within this colony, as 
shall complete said numbers. 

And be it further enacted by the authority, that all such ves- 
sels as shall be taken up for this intended expedition, the 
owner or owners of such vessels shall be allowed by this colo- 
ny for their hire, according to Boston establishment, after the 
rate of one ton-and-half per man, that such vessel shall accom- 
modate. 

Voted, that this Assembly be adjourned to the last Tuesday 
in September next ensuing, to the colony house, in Newport, 
except the Governor or deputy governor see cause to call it 
sooner ; and that the acts of this Assembly be published in 
the town of Newport, on the 7th instant, by beat of drum, un- 



1710.] AND PROVIDENCE PLANTATIONS. 99 

der the seal of the colony ; and then to be of as full force and 
power in the law throughout this colony, as if they were pub- 
lished at the dissolution of this Assembly. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the lit/i 
of August, 1710. 

Col. Samuel Cranston, Governor, 
Weston Clarke, recorder. 
Major John Wanton, chosen speaker. 
Capt. Thomas Fry, chosen clerk. 

Expedition to Port Royal 

Whereas, by the solicitation of the Right Honorable Colonel 
Francis Nicholson, General of Her Majesty's forces, bound for 
the reduction of Port Royal, &c, together with the Governor 
of Boston and Connecticut, and the rest of the honorable coun- 
cil of war, we are required for said expedition to send two 
hundred men, &c. : 

This Assembly, upon due and mature consideration of the 
premises, and upon the urgent and pressing instances and kind 
admonition of our Honorable Governor, notwithstanding said 
number is more than our equal proportion with the other colo- 
nies, yet for the loyal duty we have and do bear to Her Majes- 
ty, and for the forwarding so hopeful an expedition, under the 
commands of so honorable and worthy a general, the Assembly 
do grant the demands of the council of war, upon their promise 
that they will assist us in our application to Her Majesty for 
lessening our number of men as abovesaid. 

And this act of granting more than our proportion, is no 
ways to be construed and drawn up into a precedent in any 



100 



RECORDS OF THE COLONY OF RHODE ISLAND [1710. 



ways hereafter; but is allowed upon consideration, as above- 
said. 

Therefore be it enacted by the authority aforesaid, and it is 
hereby enacted, that there shall be two hundred men raised and 
sent out of this colony, under the command of Lieut. Col. John 
Cranston, who is to follow and observe such orders and instruc- 
tions as he shall receive from his general, and such other orders 
as he shall from time to time receive from our Honorable Gov- 
ernor, and other his superior officers. That is to say, so many 
to be added to the number of one hundred, fifty and five men, 
which was before raised by the colony, as will make two hun- 
dred men ; to be under the same circumstances as the others 
were, in all respects whatsoever. And they are to be raised 
out of every town, and added to those that are already raised? 
and to be ready by the time prefixed for the rest. And the 
number of men so raised and added, shall be proportioned to 
each town, as followeth, viz. : 

To Newport, thirteen men ; Providence, nine men ; Ports- 
mouth, four men ; Warwick, three men ; Westerly, four men ; 
Kingstown, nine men ; Jamestown, one man ; Greenwich, two 
men. 

And be it further enacted by the authority aforesaid, that 
for the more speedy conveyance of said forces for said expedi- 
tion, the Honored Governor, with the same committee already 
appointed for the taking up the vessels and providing the 
stores, shall have full power to press or take up another ves- 
sel with other stores, for the men now added, according to the 
proportion that was allowed for the one hundred and fifty-five 
men first ordered by this Assembly. 

And be it further enacted by the authority aforesaid, that a 
tax or rate be assessed on this colony of five thousand pounds* 
to refund and answer the bills of five thousand pounds that are 
already enacted by the last session of this Assembly, to be 
made ; that is to say : the colony shall pay into the general 
treasury, annually, for five years succeeding, by the last day of 
June, each year, the sum of .£1000, current money, as the for- 
mer rate hath been paid by each town, according to their due 



1710.] AND PROVIDENCE PLANTATIONS. 101 

proportion — Block Island, alias New Shoreham, to be included, 
and pay their proportion of said £5000 into the general treas- 
ury as other towns in this colony are obliged to do. 

And be it further enacted by the authority aforesaid, that 
whereas, the colony's proportion of men which they now send 
upon this expedition to Port Royal, is more than our propor- 
tion with the neighboring colony's : 

Therefore, we appoint and desire our Honorable Governor to 
make our humble address to Her Majesty on our behalf, for our 
relief in the premises, confiding in His Honor, as one who 
knows all our grievances, to lay down all to the best of his 
judicious understanding, and to use such assistance as he shall 
think meet ; and to address Her Majesty in behalf of this 
colony, with their humble and dutiful thanks for the assistance 
she hath been graciously pleased to supply us with, towards 
the reduction of Port Royal. 

This Assembly taking into consideration that there is no ta- 
ble of fees settled for the collector's office within this colony, 
by which neglect the collectors have opportunity to extort such 
fees as they think fit, to the discouraging of trade : 

Therefore, be it enacted by the authority aforesaid, that the 
table of fees hereafter mentioned, shall be the stated fees for 
the collector's office, within this government ; and that no col- 
lector from the 30th day of this instant August, forward, shall 
ask or demand of any master of vessel any more or larger fee 
than is hereby established. 

The whole voted into an act of this Assembly, and the same 
forthwith proclaimed by beat of drum, at the colony house ; 
and copies thereof sent to each town in the colony by the 27th 
day of August; and the recorder to be allowed for each copy 
the .sum of twelve shillings, money. 

And this Assembly is dissolved. 

Cod save the Queen, 



102 RECORDS OF THE COLONY OF RHODE ISLAND [1710. 



Proceedings of the General Assembly, held for the Colony of Mode 
Island and Providence Plantations, at Providence, the 2Hh day 
of October, 1710. 

Col. Samuel Cranston, Governor. 

ASSISTANTS. 

Major Henry Tew, Major Randall Holden, 

Capt. John Rogers, Mr. Richard Greene, 

Major Joseph Jenckes, Capt. Jeoffrey Champlin, 

Capt, Thomas Fenner, Capt. John Elclredge. 

Col. William Wanton, chosen speaker. 
Mr. William Hall, chosen clerk. 

An Act relative to bills of credit. 

Be it enacted by this present Assembly, and the authority 
thereof, and it is hereby enacted, that for the future and better 
encouragement of the bills of credit, put out by this colony, 
that all the said bills of credit in all public taxes and assess- 
ments, payable into the general treasury for the future, shall 
be accepted and receivable by the general treasurer, at five per 
cent, advance. 

And be it further enacted by the authority aforesaid, and it is 
hereby enacted, that the impression of the said colony bills, as 
to quantity and sum in each parcel of bills, be left to the discre 
tion of the committee afore appointed in former acts, so as not 
to exceed the sum or sums in the whole quantity ordered by 
act of Assembly, to be put forth from time to time. 

And 1)0 it further enacted by the authority aforesaid, that 
there be forthwith impressed and signed to the value of £1000 
more of the said colony bills, to be put into the general treasu- 
ry, for the defraying the colony's debts ; and also that the re- 
mainder of the £5000, ordered to be lodged in the general 



1710.] AND PROVIDENCE PLANTATIONS. 103 

treasurer's bauds, of blank bills unsigned by the last Assem- 
bly, be forthwith signed by the committee appointed for the 
same, and delivered into the general treasurer's hands for the 
use of the colony. 

And it is also hereby enacted, that the committee appointed 
for signing the bills of credit be allowed five shillings per day 
for each person whilst they are about the same ; and for those 
on the main land, to be allowed pay as aforesaid, for one clay 
out and one clay home. 

And be it further enacted by the authority aforesaid, that 
whereas there was, by order of the last Assembly, a £1000 to 
be raised and paid annually, in the month of June, towards the 
refunding the bills of credit put out by said colony, be forth- 
with proportioned on each town, in order that the treasurer 
issue forth his warrant for collecting the same ; and to be paid 
in colony bills or silver money, to be proportioned on each 
town according to the last £'1000 rate. 

Mr. Daniel Pearce, Mr. Daniel Coggeshall, Air. George Law. 
ton, and Mr. Adam Lawton, enter their dissent for the propor- 
tioning the £1000 rate, according to the last proportion of 
each town. 

Be it further enacted by the authority aforesaid, that where- 
as, there was no establishment of wages by the last Assembly 
for mates of vessels in our last expedition to Port Royal : 

It is now ordered and enacted, that a mate's pay per month 
shall be fifty shillings, according to the last establishment, and 
to be paid accordingly by the general treasurer. 

Be it further enacted by the authority aforesaid, that His 
Honor, the Governor, would be pleased to address Her Majesty 
in respect of the late conquest at Port Royal ; as also to press 
Her Majesty for abatement in our proportion and quota of 
men, if the like occasion should offer for the future, as he shall 
judge most convenient for the service of the colony. 

And it is hereby further enacted, that the general treasurer 
pay unto Major George Lee, as a gratuity for his good service 
in this government; and also his extraordinary charge and 



104 RECORDS OF THE COLONY OF RHODE ISLAND [1710. 

expense in bringing the welcome news of the reduction of Port 
Royal, the sum of ten pounds. 

And be it further enacted, that whereas, Major Joseph 
Jenckes, being commissionated to treat with Governor Dudley 
concerning the settling of bounds between the province of the 
Massachusetts and this government, that in case Gov. Dudley 
and himself should not agree so as to issue the matter, then Maj. 
Jenckes is hereby empowered and authorized to offer and con- 
clude on such other terms as he may judge most proper for the 
interest of the colony, in the ending and settling the said con- 
troversy. 

And whereas, there are many actions brought to our General 
Court of Trials, and some of small concerns, that cause long de- 
bate, and much to the detaining the Courts, and great expense 
to the judges in their long sitting : 

Be it therefore enacted by this present Assembly, and the 
authority thereof, and it is hereby enacted, that every person 
or persons that shall bring any action to the Court of Trials, 
shall pay clown five shillings money, to the recorder, for the use 
of the magistrate then sitting in Court ; and if the plaintiff 
that brings the action, recover the case, shall have five shil- 
lings allowed in the bill of costs. 

And be it farther enacted by the authority aforesaid, and it 
is hereby enacted, that whereas, there is a small tract of land 
whereon James Cooper, now lives, within the colony of Rhode 
Island, lying between Kingstown and Greenwich line, and be- 
ing within the jurisdiction of no town within the said colony, 
that from the sitting of this present Assembly, the said tract 
of land shall be in the jurisdiction of East Greenwich. 

Whereas, the General Assembly, that sat in May last past, 
made an act for stating the collector's and naval officer's fees, 
and said act being weak and inconsistent in itself: 

Therefore, be it enacted by this Assembly, that said act be 
made void, and is repealed and made void, and of no effect 

And it '}.< further enacted by this Assembly and the authori- 
ty thereof, and it is hereby enacted, that these tables of fees 
hereafter mentioned;, shall lie the stated table of fees for the 



1710.] AND PROVIDENCE PLANTATIONS. 105 

collector and naval office within this colony. And that the 
collector nor any under him shall take of any master of 
vessel or any so concerned, above the sums in the said table of 
fees mentioned, on the penalty of paying twenty shillings for 
such a default ; and the same to be paid into the general treas- 
urer, for the colony's service. And the naval officer to be un- 
der like penalty as the collector, for the same offence. 

And it is further enacted, that if the collector or naval officer, 
or any under them, shall ask, receive or exact from any master, 
commander or owner of any vessel, from and after the 1st day of 
November, 1710, more than is hereafter stated, on complaint 
thereof being made to the authority, it shall be in the power of 
any justice of the peace to grant forth his warrant to appre- 
hend the said person or persons so offending, and on proof and 
conviction thereof, to grant execution against or on the estate 
of said offender, for the above said sum of twenty shillings, and 
the charge accruing thereon. And for want of estate, to seize 
the body of the offender. 

The Assembly is adjourned to the last Tuesday in February 
next, to Newport ; without the Governor, or in his absence, the 
deputy governor, see cause to call it sooner. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport, by the Govern- 
or's zvarrant, the 27th day of November, 1710. 

Col. Samuel Cranston, Governor. 
"Weston Clarke, recorder. 
Col. John Wanton, chosen speaker. 
Capt. Thomas Frye, chosen clerk. 

An Act relative to bills of credit. 

Be it enacted by this present Assembly, and the authority 
aforesaid, and it is hereby enacted, that if any person or per- 

VOL. TV. 14 



106 RECORDS OF THE COLONY OP RHODE ISLAND [1710. 

sons within this colony, shall be taken and convicted of coun- 
terfeiting of any of the bills of credit put out by the province 
of the Massachusetts Bay, in New England, New Hampshire 
bills, or those of the colony of Connecticut ; such person or per- 
sons so taken and convicted, after the publication of this act, 
shall be liable to, and suffer the pains and penalties of having his 
or their ears cropped, whipping and fining, at discretion ; and im- 
prisonment, according to the nature of his or their offence. 

And if any such offender shall happen to be found within 
this colony, which hath so done in any of the neighboring gov- 
ernments, such offender or offenders, being taken, shall, at the 
request of the respective governments whereto he or they did 
belong, and against whom the more particular injury is done, 
such offender shall be delivered up to be punished according 
to the laws made and provided in the government, for such of- 
fenders. 

And be it further enacted by the authority aforesaid, and it 
is hereby further enacted, that there shall be forthwith impress- 
ed the sum of £1000 of bills of credit for this colony's use, 
which said bills shall have the same stamp, the same escutch- 
eon, and the same signers, to give sanction thereunto, as the 
late £5000 had, which was appointed to be made by the As- 
sembly of this colony, in or on the 2d of May last past ; which 
said sum of £1000 shall be assessed by tax on the inhabitants 
of this colony and duly proportioned on each town therein to 
be paid in June next. 

And further, that Col. John Wanton and Lieut. John Odlin are 
hereby empowered to agree with the printers or stamper for 
the impressing the £1000 aforesaid. 

And it is farther enacted, that there shall be the sum of 
£1000 taxed on this colony, the same to be assessed on the 
several towns therein proportionably; and the same to be paid 
in bills of credit, or money, at or in the month of June next 
at the same time ; and proportioned with the £1000 granted 
by this Assembly, when sitting at Providence the last Wednes- 
day in October, last past. 

And be it further enacted by the authority aforesaid, that 



1710.] AND PROVIDENCE PLANTATIONS. 107 

the sum of £250 sterling money, of Great Britain, shall be ap- 
propriated and improved in Great Britain, aforesaid, to answer 
this government's arrearages, and defend this colony's interest ; 
which said £250 sterling shall be drawn out of the £1000 
granted by this session of Assembly ; and the same ordered and 
improved for the use aforesaid, as the Honorable, the present 
Governor, Col. Wiliam Wanton, Major Sheffield, and Capt. Ben. 
Ellery, shall think most conducing to the public good of this 
government. 

And the Honorable, the Governor, and said committee are 
hereby empowered to assign the person appointed to carry the 
packet to New York, in order to have the same sent to Great 
Britain in the packet boat, for such consideration as they shall 
think fit ; and that His Honor, the Governor, together with the 
said Col. William Wanton, Major Sheffield, and Capt. Ellery, are 
hereby fully empowered to transmit all such papers and infor- 
mation to Great Britain, as by them shall be thought most use- 
ful and serviceable to defend this colony's interest. 

And be it further enacted by the authority aforesaid, that 
the sloop lost in this colony's service in the late expedition to 
Annapolis Royal, shall be paid for out of the remainder of the 
said £1000 by this Assembly last assessed, according to the 
appraisal, with lawful interest from the appraisal, until the 
same be paid. 

And it is further enacted by the authority aforesaid, that the 
before-recited acts be forthwith published by beat of drum, and 
then to be of full force and virtue as if the Assembly had been 
dissolved. 

Whereupon, the Assembly is adjourned to the last Tuesday 
in March, 1711, except the Governor or deputy governor, see 
cause to call it sooner. 



108 RECORDS OF THE COLON? OF RHODE ISLAND [1710. 



Governor Cranston to the Board of Trade. 

Colony of Rhode Island, &c, 
Newport, Nov. 15, 1710. 
May it please your Lordships : I have had the honor to receive your Lordships' 
letter, dated from Whitehall, January the 16th, 1709-10, the which I communicated 
to the General Assembly of this colony, who most gratelully acknowledge your 
Lordships' favor, for so freely expressing your satisfaction in the answers to the sev- 
eral particular heads your Lordships were pleased to require from them, and return 
their most humble and hearty thanks for the most noble and kind offer your Lord- 
ships have expressed in contributing (what in you lies) towards the welfare and 
prosperity of this government, and have requested me to assure your Lordships, 
that, there will be nothing wanting on their parts (so far as it shall please God to 
give them understanding and ability) to serve Her Majesty and to oblige your 
Lordships, to favor them in the continuance of your friendship in contributing to 
their welfare and prosperity ; and that your Lordships (in your great wisdom) 
should any thing hereafter through weakness or want of ability in them, be repre- 
sented or construed to their ill conduct or remissness, will be pleased to put the 
best constructions thereon, and give them such correction and advice as your Lord- 
ships in your great wisdom, may think proper for Her Majesty's service ; which 
will oblige them at all times to be more circumspect in their duty, and redressing 
what may be deemed amiss. 

Her Majesty was graciously pleased the last year, to order an expedition against 
Canada, wherein this colony was at considerable trouble and expense in setting 
forth transports and two hundred men towards said expedition, which lay at the 
colony's charge upwards of six months ; Her Majesty having occasion to employ 
her British forces upon some other service, the said expedition did not proceed this 
year. 

Her Majesty saw just cause to send ships of war, and war like stores, with Brit- 
ish troops, under the command of the Right Honorable General Nicholson, Esq.' 
for the reduction of Port Royal and the country of Nova Scotia, and La-Accada' 
towards which service this colony equipped the like force as they had done the last 
year (but to better effect), who under the good conduct and command of the afore- 
said General (in conjunction of the rest of Her Majesty's arms) soon reduced that 
strong and important fort and country to Her Majesty's royal obedience. 

Your Lordships will have a more particular account of the reduction of that im- 
portant place and country than I am capable of giving you, having instanced the 
aforesaid expedition to your Lordships in discharge of our duties to you, it being 
what we have, that is any ways material to communicate at this time, it having 
pleased God to favor us this last summer, so as we have not been disturbed with 
the enemy's privateers upon our coast, as they were accustomed to do. 

I am also to imform your Lordships, that the colony's time having been taken up 
(so much) upon the aforesaid expedition, that they have not got their laws perfect- 
ed for the press, so as to comply with your commands at this time, but are now for- 
warding the same with all expedition, and beg your Lordships' pardon for their re- 
missness therein. 

May it please your Lordship?, I am required by the aforesaid General Assembly 
to represent unto your Lordships the discouragement that is given to the traders and 



1710.] 



AND PROVIDENCE PLANTATIONS. 109 



coasters of this and our neighboring colonies, trading to this colony, by the late col- 
lectors commissionated for this and our said neighboring colonies, in exacting of 
fees above the usual custom of our former collectors, who faithfully served Her Maj- 
esty without any salary allowed them, praying that your Lordships will be pleased to 
take the same into your wise and prudent consideration ; and if your Lordships shall 
judge it proper, to procure the enclosed table of fees (which is confirmed here by 
an act of this colony) to be allowed and approved of as the stated fees till it shall be 
thought expedient to make any alteration thereof; but if said fees be not approved 
of, then it is humbly prayed that such emendation may be made, or other reasona- 
ble fees stated, as your Lordships in your great wisdom, shall think meet ; so as we 
may not be imposed upon by such as covet their own private interest and gain 
more than Her Majesty's interest. 

I am also to inform your Lordships, that in this and the neighboring colony, 
there are sundry ports allowed of, where naval officers are settled by the several 
governments thereof ; some of which ports are upwards of one hundred miles dis- 
tant from each other. Notwithstanding which, the late collectors wdl not allow of 
any more than one port (for entering and clearing) in each government, threaten- 
ing to seize all vessels and coasters trading from one colony to the other, that do 
not make their entering and take their clearing from them at such a particular port 
where they reside. 

The which is also deemed as a very great imposition upon Her Majesty's sub- 
jects, and to the great discouragement of trade ; we having small sloops and open 
boats constantly trading from one colony to the other, some for provisions, 
others for lumber, as staves, boards and timber, &c. And it often happens, that the 
wind and weather are such, that they cannot (without great danger, or to the ruin 
of their voyage) reach that particular port that the said collectors do so impose up- 
on them ; and their freight and profit being very small, the masters of such sloops 
and boats will be exposed to the expense of the greatest part of their fruit, should 
they be imposed upon to travel one hundred miles (some more and some less) to 
enter and clear their vessels. 

We therefore most humbly pray that the collectors of the particular governments 
may be directed to settle their deputies or offices at each trading port allowed of by 
the several governments, or that the entries and clearings from the naval officers 
may be approved of. All which is most humbly submitted to your Lordships' wise 
and judicious considerations. 

May the Almighty bless and preserve your Lordships, grant you long life and 
health, and add more and more to your great and consummate wisdom in the man- 
agement of the weighty and most important affairs of Her Majesty, and her impe- 
rial dominions, is the prayer of 

Your Lordships' most obedient, most humble and most faithful servant, 

SAMUEL CRANSTON, Governor. 

Secretary Popple to Governor Cranston, in reply. 

TO SAMUEL CRANSTON, ESQ., GOVERNOR OF RHODE ISLAND. 

Sir : — The lords commissioners of trade and plantations, having received your 
letter of the 15th November, 1710, they have commanded me to acknowledge the re- 
ceipt thereof, and to acquaint you that they shall expect a collection of the laws of 



110 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

Rhode Island, as promised. In sending which laws, you will do well, if there be 
any amongst them that are of a particular nature, to explain to their Lordships the 
reasons for passing the same, unless such reasons be expressed in the preamble of 
the act. 

Their Lordships have sent to the commissioners of Her Majesty's customs, what 
you write in relation to the collectors' demanding and taking unusual fees, to the 
allowing but one port for entering and clearing vssels, and doubt not but what 
shall be thought proper, will be done therein.* 

I am, sir, your most humble servant, 

WM. POPPLE. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the last Tuesday 
in March, 1711. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Col. John Wanton, chosen speaker. 
Capt. Thomas Frye, chosen clerk. 

Be it enacted by this Assembly, and the authority thereof, 
and it is hereby enacted, that whereas Major Joseph Jenckes, 
and Capt. Samuel Wilkinson were commissionated and em- 
powered by this Assembly, at their last sitting, November, 
1710, to treat and agree with Col. Joseph Dudley about the 
north bounds of this colony, which being accomplished to satis- 
faction, the said Major Jenckes is hereby allowed £10, and the 
said Capt. Samuel Wilkinson £5, in money, for their said ser- 
vice ; to be paid out of the general treasury of this colony. 

And it is further enacted by the authority aforesaid, that 
Major Joseph Jenckes and Mr. John Mumford, are hereby em- 
powered to run the partition line between this colony and the 
Massachusetts, pursuant to the articles made for that purpose, 

* •' Carter Brown's Manuscripts, Nos. 507, and 526, Vol. VIIT. 



1711.] AND PROVIDENCE PLANTATIONS. Ill 

dated January 19, 1710 ; always conforming to such necessary 
instructions as they from time to time shall receive from His 
Honor, the Governor, who is hereby fully empowered to grant 
the same ; and when return is made of their proceeding, the 
said Major Jenckes and Mr. John Mumford to be paid for their 
so doing out of the general treasury of this colony. 

And be it further enacted by the authority aforesaid, that 
whatever person shall commence any action or case at any su- 
perior or inferior court within this colony, at any time or times 
after the publication of this act, and shall have judgment against 
him or them, for cost, the plaintiff or defendant, at the con- 
clusion of such action in such cases, all the former charges that 
hath accrued in the action, according to the table of fees in 
such cases, shall be charged in the bill of costs and allowed 
good in law, to be paid to him or them that recovers the case, 
at the last hearing of any such action ; any law to the contrary, 
notwithstanding. 

And be it further enacted by the authority aforesaid, and it 
is hereby enacted, that no open boat or lighter, trading within 
this colony, and up and down the rivers here adjacent, and as 
far as into the colony of Connecticut, shall be obliged to pay 
any fees or reward for entering or clearing; and one general 
entry of all goods shipped on board any vessel as aforesaid, to 
be taken from the master's report, shall be sufficient ; and for 
all goods that pay no custom, the officer shall receive no fees. 

And be it further enacted by the authority aforesaid, that 
His Honor, the Governor, shall take with him such council or 
assistance as he thinks most suitable, and order or cause all the 
laws of this colony to be transcribed into a good and true form 
fit for the press, that they may be printed ; and if possible, to 
cause said work to be perfected by the sitting of the Assembly 
in May next ensuing ; and the whole charge to be paid out of 
the general treasury of this colony. 

And be it further enacted by the authority aforesaid, that 
His Honor, the Governor, with such assistance as he shall think 
fit, shall write an answer to the government of Boston's letter, 
and account, dated the — day of March, 1710-11, according 



112 RECORDS OP THE COLONY OF RHODE ISLAND [1711. 

to the opinion of this Assembly, that there shall be paid out of 
the general treasury £58 19s. id., toward the charges of the 
pinks, and five open sloops, appointed to transport Her Majes- 
ty's stores to Port Royal. 

And be it further enacted by the authority aforesaid, that 
Abigail Carr, wife of William Carr, late of Jamestown, in this 
colony, shall be allowed either weekly or monthly, a reasona- 
ble subsistence by that town council of said Jamestown ; and 
to be paid by Caleb Carr, of said Jamestown, so long as the es- 
tate of the said William Carr shall remain in the custody of the 
said Caleb Carr ; but if he, said Carr, shall neglect or refuse to 
comply herewith, then the estate, aforesaid, shall be at said 
council's discretion to order such part thereof, as shall be suffi- 
cient to subsist said Abigail Carr, according to her quality. 

And be it further enacted by this Assembly, and by the au- 
thority thereof it is enacted, that Mr. Weston Clarke, with the 
assistance of Col. William Wanton and Major Sheffield, shall 
draw all the acts of this Assembly from their first sitting, to 
the dissolution of the same, into one body, according to the 
purport of the schedule delivered to them ; and to have twenty 
shillings for their pains and service. When drawn into a body., 
then the recorder shall send forth copies, under the seal of the 
colony, to the several towns in this colony, and to have twelve 
shillings for each copy ; and that the recorder shall send the 
same within fifteen days after the dissolution of this Assembly. 
And the persons above mentioned, shall draw said acts into a 
body within six days from the above said dissolution. 

And to be published in Newport by the 7th of April, under 
the seal of the colony, by beat of drum. 



1711.] 



AND PROVIDENCE PLANTATIONS. 



113 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 
1st day of May, 1711. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Walter Clarke, Deputy Governor. 



DEPUTIES. 



Warwick. 
Mr. Job Greene, 
Capt. Simon Smith, 
Capt. James Greene, 
Capt. John Waterman. 

Westerly. 
Capt. William Clarke, 
Mr. Daniel Lewis. 

For Neiv Shoreham. 
Capt. Simon Ray, 
Capt. Thomas Rathbone. 

Kingstoivn. 
Mr. Samuel Fones, 
Lieut. Christ. Allen. 

Greemvich. 
Ensign Tho. Nicholds, 
Mr. Peleg Spencer. 
Jamestoivn. 
Mr. Ebenezer Slocum. 
Mr. Joseph Mowrey. 



Capt. Simon Smith, chosen speaker. 
Mr. John Coggeshall, chosen clerk. 

Henry Goclarcl, and Edward Carr, Jr., of Jamestowr ire ad- 
mitted freemen of the colony. 
VOL. iv. 15 



Newport. 
Col. Wm. Wanton. 
Maj. Nathaniel Sheffield, 
Maj. James Brown, 
Col. John Cranston, 
Capt. Benjamin Ellery, 
Capt. Richard Dunn. 
For Providence. 
Mr. Peleg Rhodes, 
Mr. James Dexter, 
Capt. Wm. Crawford, 
Mr. Jonathan Sprague, Jr. 

Portsmouth. 
Mr. Abraham Anthony, 
Mr. Daniel Coggeshall, 
Mr. John Coggeshall, 
Capt, George Lawton. 



114 RECORDS OP THE COLONY OF RHODE ISLAND [1711. 

Elisha Arnold, Stephen Arnold, John Bates, John Greene, 
son of James Greene, Samuel Gorton, son of Benjamin Gorton, 
Preserved Pearce, William Remington, Philip Sweet, John 
Nicholds, John Low, Francis Mattisson, all of Warwick, are ad- 
mitted freemen of the colony. 

Jonathan Clarke, Robert Taylor, Charles Tillinghast, Abra- 
ham Anthony, Jr., all of Newport, admitted freemen of the 

colony. 

John Groundnut, of Kingstown, freeman of the colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the 2d day of 
May, 1711. 

Col. Samuel Cranston, Governor. 

Lieut, Col. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major Henry Tew, Mr. George Cornell, 

Capt. John Rogers, Major Randall Holden, 

Major Joseph Jenckes, Mr. Richard Greene, 

Capt. Thos. Fenner, Capt. Jeoffrey Champlin, 

Mr. George Brownell, Capt. John Eldredge. 

RECORDER. GENERAL ATTORNEY. 

Weston Clarke. Capt. Simon Smith. 

SHERIFF. MAJOR OF THE ISLAND. 

Mr. Nicholas Lang. Capt. James Brown. 

GENERAL TREASURER. MAJOR OF THE MAIN LAND. 

Capt. Edw. Thurston. Maj. Joseph Jenckes. 

Col. Wm. Wanton, chosen speaker. 
Capt. Simon Smith, chosen clerk. 



1711.] AND PROVIDENCE PLANTATIONS. 115 

Col. John Cranston, chosen speaker ; Col. Wanton being ab- 
sent on urgent occasion. 

The following Justices of the Peace were elected, and 
engaged. 

For Newport — Capt. Benj. Ellery, Cap! Edward Thurston, 
Major James Brown. 

For Providence — Richard Waterman, Ebenezer Arnold, Phil- 
lip Tillinghast. 

Portsmouth — -John Coggeshall, William Anthony, Daniel 
Pearce. 

For Warwick — Capt. Simon Smith. 

For Westerly — Capt. Wm. Champlin, Peter Cranclall, Capt. 
John Babcock, John Sanders. 

For Kingstown — Lieut. Chris. Allen, Samuel Fones, George 
Hazzard, Jeremiah Gould. 

For Greenwich — 'Capt, Thomas Frye, John Spencer, Pardon 
Tillinghast. 

Lydia Checkley, appellant, Thomas Hix, appellee. 

The appeal of Lydia Checkley and Samuel Checkley, appel- 
lants, against Thomas Hix, appellee, being in this Assembly 
fully debated and truly considered, do see good cause to con- 
firm the two verdicts of juries and judgments of the Courts of 
Trials, in September and March last past, for the appellee ; 
and that the appellants pay the costs of this Assembly, accord- 
ing to law. 

John Pellet, appellant, Joseph Knowlton, appellee. 

Whereas, Joseph Knowlton, the now appellee, received two 
verdicts of juries and judgment of the Court of Trials, in Sep- 
tember and March, last past, against John Pellet, in an 
action of the case, damage £20, from which verdicts and 
judgments the appellant appeals to this Assembly for relief . 
and upon consideration, and that jury found all the damages 
sued for ; and the damages not being chancerized, as is usual 
in all such cases : 



116 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

We are of opinion, and it is also the vote of the Assembly, 
that the £20 found by the juries in the aforesaid Courts of 
Trials, be mitigated to the appellant, and he to pay the appel- 
lee the £10, and the several costs of courts, and the cost in 
this Assembly. 

Voted by this Assembly, that whereas the law of this colony 
allows but two deputies for the town of Westerly, and there be- 
ing four returned under the town clerk's hand, the which is 
contrary to law : 

Whereupon, the Assembly do not judge that return lawful* 
but that His Honor, the Governor, give them an order forth- 
with to come to a new choice of deputies to attend this As- 
sembly. 

Whereas, there is a petition of several of the inhabitants of 
that part of the colony of Rhode Island, which lieth on the 
north side of Pawtucket river, in the jurisdiction of this colony, 
that they may be supported in the rights and property in 
said jurisdiction : 

The Assembly having taken the same into their serious con- 
sideration, have thought fit, and do hereby enact, that the Hon- 
ored Governor, or those whom he shall appoint in the name and 
behalf of this government, shall grant forth a prohibition, that 
none shall presume to exercise any jurisdiction of authority 
within the lines already run, except it be by the authority of 
this coloay. 

And it is further enacted by the authority aforesaid, that 
that part which the petitioners petition for, shall be under the 
jurisdiction of the town of Providence ; and the authority of 
said town shall take care that no encroachment be made by 
any other province or colony upon that which is in the juris- 
diction of this colony. 

And be it further enacted, that whereas, there was a petition 
presented by the deputies of the town of Shoreham, for a 
supply of twelve soldiers, for the ensuing summer : 

The Assembly, considering the premises, do grant the same j 
and that the soldiers shall be victualed on the said Island ; and 



1711.] AND PROVIDENCE PLANTATIONS. 117 

they to find their own arms and ammunition, and to have thirty 
shillings per month ; otherwise, to be as the former allowances 
have been. 

An Act for the prevention of counterfeiting bills of credit. 

Whereas, there is being a great necessity that this present 
Assembly take into their mature consideration the passing an 
act for the more perfect and speedy preventing the many and 
great abuses so frequently of late practised in passing, expos- 
ing, or counterfeiting the several bills of credit, as well those 
put forth by the province of the Massachusetts, New Hamp- 
shire, and the government of Connecticut, as also our own colo- 
ny bills ; the which is of so dangerous and ill consequence, that 
it tends to the universal ruin and destruction of government, 
trade and commerce in these Her Majesty's said govern- 
ments : 

Be it therefore enacted by this present Assembly, and the 
authority thereof, and it is hereby enacted, that from and after 
the date hereof, whatsoever person or persons within this Her 
Majesty's government, that shall pass, offer to pass, expose or 
be seen to have about him or them, any bill or bills of credit, 
put forth either by this government, the province of the Massa- 
chusetts government, of New Hampshire or Connecticut gov- 
ernment, that proves to be defaced and counterfeit, or counter- 
feited, or any bill or bills in the likeness or any ways imitating 
or resembling the true bills of said colony (and not to be so) ; 
and that shall not first immediately inform some person or per- 
sons in authority thereof, in order that the said bill or bills may 
be suppressed, such person or persons so offending, and being 
convicted thereof, shall, for the first offence, forfeit all such bill 
or bills exposed or found about him or them ; and pay as a fine 
into the general treasury of this colony, the sum of forty shil- 
lings, and be imprisoned for the space of ten days ; and upon 
his enlargement, to give bond for his good behavior, according 
to the discretion of the judges of the court where the fact shall 
be tried. 

And also, that any person or persons that shall at any time 



118 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

or times from and after the date hereof, see any person or per- 
sons to have any of the aforementioned counterfeited and de- 
faced bills offered to them in any way of trade or traffic for 
pay as money, or otherwise, and shall not forthwith inform 
some one in authority thereof, such person or persons so offend- 
ing, upon complaint made, and lawful conviction, shall pay a 
fine into the general treasury, of the sum of forty shillings. 

Nevertheless, it is to be understood, and that no innocent 
person may suffer. 

It is also hereby enacted, that it shall he in the power of 
the judges to mitigate the extremity of this law, according to 
their discretion, and as the nature of the fact requires. 

It is also to be understood, that any person or persons which 
shall be convicted of actually conterfeiting any of the aforemen- 
tioned colony bills, shall have no benefit by this present act 
but shall be tried as a felon, as by a former act of Assembly of' 
this colony, made and provided for the same, may appear, refer, 
ence thereunto being had. 

An Act for building bridges at Providence, &c. 

Whereas, at a General Assembly, held at Providence, in Oc- 
tober last past, there was encouragement given for building 
three bridges, part at the colony's charge, and part by contri- 
bution ; and men were appointed to raise money by contribu- 
tion, and in pursuance thereof, there hath been a considerable 
sum of money collected for said service ; and by said encourage- 
ment several gentlemen have been at considerable charge to 
provide timber for said bridges : 

Therefore, for the encouragement of so good a work, this 
Assembly doth enact, and by the authority thereof it is en- 
acted, that this colony do give, for the encouragement of said 
work, the sum of £200, to be paid out of the general treasu- 
ry ; and that the persons that have been at the abovesaid 
trouble of taking care that the said bridges be built with the 
contribution money, and the money given by the colony. 

And it is further enacted, that the persons that undertake 
the above said work, shall have power and liberty to raise what 



1711.] AND PROVIDENCE PLANTATIONS. 119 

money more they can, in any town in this colony, by contribu- 
tion; and that the authority give a sanction to their pro- 
ceeding, to gather money by contribution, to finish said 
work. 

And the men appointed for the bridge at Pawtucket, are 
Major Joseph Jenckes, and Capt, Nathaniel Jenckes. 

And that at Weybosset, are Capt. Win. Crawford, and Mr. 
Nicholas Power. 

And that at Pawtuxet Falls, shall be Mr. Peleg Rhodes, 
who shall have power to appoint the bridges in the most con- 
venient places. 

It is always intended, that the colony shall be at no more 
charges in building and maintaining said bridges, than the 
above mentioned £200. 

An Act for the raising of a troop of horse on the main land. 

Whereas, several troopers having agreed to certain articles, 
bearing date January the 13th, 1710-11, to accouter and fit 
themselves, as is therein signified, within the space of eight 
months after the date hereof : 

Be it therefore enacted by this present Assembly, and the 
authority thereof, and it is hereby enacted, that each respective 
trooper that hath signed, or shall at any time hereafter sign un- 
to the abovesaid articles, and shall not comply therewith, ac- 
cording to the contents and true meaning of said articles, shall, 
for said default, pay a fine of ten shillings for each week's 
neglect in not fitting and accoutering himself, according to said 
articles. 

And also, that each respective trooper, for each day's neglect 
in not appearing in the field when legally called thereunto by 
his superior officer or officers, shall pay a fine of six shillings ; 
but in case of an alarm, for each default, in not appearing, the 
sum of twelve shillings. 

All which said fines and penalties shall be collected and 
gathered, according to the military laws formerly made and 
provided by this colony for the same. 

And that all such fines shall be improved by the commis- 
sioned officers of said troop, for the uso and benefit thereof. 



120 RECORDS OP THE COLONY OF RHODE ISLAND [1711. 

Whereupon, the Assembly is adjourned to the last Tuesday 
in August next, unless His Honor, the Governor, or lieutenant 
governor, see cause to call it sooner. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Neivport, the 28th day- of 
June, 1711. 

Col. Samuel Cranston, Governor, 
Weston Clarke, recorder. 
Col. William Wanton, chosen speaker. 
John Hammet is chosen clerk of the Assembly till the next 
election of general officers. 

The Assembly having been made sensible of the death of 
Mr. Rich. Greene, and both houses resolved into a grand com- 
mittee for the election of another in his room : and 

Mr. Job Greene is chosen in his room, and engaged. 

Ordered, the Honored Governor, together with what assist- 
ance he shall see cause to improve, to write two congratulatory 
letters. 

First, to Her Most Sacred Majesty, to render her most hearty 
thanks for her indulgent care and thoughtfulness of us, in 
these Her Majesty's plantations, so as to endeavor the suppres- 
sion of our enemies in those parts. 

And also, to His Excellency, Colonel Francis Nicholson, ren- 
dering him hearty thanks, in behalf of this house, for his great 
service and zealous affection for those Her Majesty's planta- 
tions, and his hearty zeal for the suppression of our enemies in 
those northern parts of America. 

Whereas, the Honored Governor, presented to this house a 
letter from Her Royal Majesty, from St. James, dated February 
the 28th, 1710-11, together with the Honorable Colonel Nich- 



1711.] AND PROVIDENCE PLANTATIONS. 121 

olson's instructions relating to our quota of men for the present 
intended expedition to Canada ; and that the said design may 
be carried on: 

It is ordered, that there shall be one hundred and sixty-two 
effective me^ to be raised under their own officers (Indians in- 
cluded), the which, His Honor exhibited before the congress at 
New London; and the congress would not accept thereof, un-' 
less officers and sailors were not therein included. 

Whereupon, it is ordered, that seventeen men shall be added 
thereunto, the which completes the number of one hundred and 
seventy-nine, who are to be returned as soon as the expedition 
is over. 

Ordered, that if there be not men enough appear as volun- 
teers to go on the intended expedition, that the Governor shall 
grant press-warrants to the majors, or orders to impress what 
shall be wanting of the said quota. 

Ordered, that each soldier's pay shall be eight shillings per 
week from the time of their being enlisted, till their return and 
being disbanded ; and that each person who shall volun- 
tarily enlist himself in Her Majesty's service for this present 
expedition, shall have the encouragement of £3, to be paid out 
of the public treasury immediately upon their enlisting them- 
selves, besides Her Majesty's royal bounty. 

Ordered, that the wages for all the officers shall be the same 
allowance as was allowed them for the last expedition to Port 
Royal. 

Ordered, that Major James Brown and Mr. George Goulding 
shall be hereby authorized and empowered to be assistant as a 
committee, with the commissary general, to buy a vessel for 
the colony's service in the intended expedition to Canada, and 
the same to be paid out of the public treasury. 

Ordered, that the commissary general shall take up provi- 
sions of all sorts suitable and needful for said expedition. 

The stated prices for all sorts of provisions and necessaries tor 
the intended expedition, is as followeth, viz. : 
vi.. iv. 16 



122 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

£ s.d. 
Connecticut and Rhode Island pork, repacked and 

pickled, per barrel 3 10 

Beef repacked and pickled, per barrel 3 00 

Peas, per bushel 06 

Flour, per barrel 19 6 

Bread, per 19 

Butter, not to exceed per lb 00 7 

Rum. at per gallon 03 3 

And all other necessaries requisite for said expedition, not 
already enumerated, shall be left to the discretion of the com- 
missary general, with the committee to be appointed for his as- 
sistance therein. 

The stated wages for all the officers and sailors of the ship ? 
for the colony's service to Canada, is as followeth, per month, viz. : 

The master, at 5 ; the mate, at 4 10 ; the carpenter, at 3 ; 
the boatswain, at 3 ; the gunner, at 3 ; the pilot, at 4 ; the sea- 
men, at 2 pounds. 

Mr. William Coddington is chosen commissary for the stores 
of the colony, and to be allowed £5 per month. 

Ordered, that Col. William Wanton, Col. John Cranston, and 
Capt. Benjamin Ellery, join as a committee with His Honor, the 
Governor, and commissary general, who shall have hereby full 
power and authority to make choice of the above said officers 
for the ship, and also to choose and agree with a surgeon for 
the expedition ; together with all other essential conveniences 
and stores, not already enumerated. 

Ordered, that any person or persons after he or they shall 
be enlisted to serve in this present intended expedition for this 
colony, and shall neglect said service, such delinquent person 
or persons, shall be dealt with according to the discretion of 
the Assembly of this colony. 

I£ut as to the penalties and punishments of deserters, it shall 
be determined and executed according to the discretion of the 
council of war, of this c.olonv, 



1711.] AND PROVIDENCE PLANTATIONS. 123 

Ordered, that each and every person who shall be impressed 
for this expedition, if he neglect or refuse the same, or to hire" 
one in his room, such person or persons shall pay a fine of £10 
money, which shall be paid to the major of each regiment, to 
hire men in their room ; and such major to give an account 
thereof upon oath, of such money so paid. 

And any person or persons who shall neglect or refuse to pay 
said fine, the same shall be taken by distraint by virtue of a 
warrant from His Honor, the Governor, or any magistrate in 
this colony. 

And further, that if no estate can be found to the value as 
above said, belonging to the delinquent person or persons, he 
or they shall be proceeded against at the discretion of the 
council of war in the regiment to which the delinquent 
belongs. 

Ordered, that the same committee that was appointed with 
His Honor, the Governor, to meet with the Governor of Con- 
necticut, concerning a man-of-war sloop, for a guard-sloop for 
this government, be the men appointed to wait upon the Hon- 
ored Governor to New London ; and also, that His Honor, the 
Governor, give orders to the commissary general forthwith to 
take up a sloop, together with all necessaries fitting for the 
voyage, and the same to be paid out of the* public treasury of 
this colony. 

Ordered, that the £1000 lately ordered to be collected and 
paid into the public treasury towards refunding the bills of 
credit put forth by this colony, shall be paid out towards the 
defraying the charge of the present intended expedition to 
Canada. 

And also, that there shall be the sum of £6000 printed 
forthwith, and the same to be signed for sanction by the former 
committee commissionated for signing the former bills of credit 
put forth by this colony ; and the same put into the general 
treasury, for the use and service above said. 

Yet. nevertheless, it is to be understood, that the sum of 
£3000, part of the £6QQ0 above mentioned, shall be forthwith 



124 RECORDS OP THE COLONY OF RHODE ISLAND [1711. 

signed, as abovesaid ; and the other £3000 to be lodged in the 
public treasury, till further orders. 

And that the same committee formerly commissionated for 
agreeing with the printer for printing the former bills of credit, 
shall have the same power and authority to agree for the 
printing the above mentioned £6000 also; and the charge 
thereof, to be paid as formerly. 

Be it further enacted by the authority aforesaid, that the quo- 
ta of men for this colony, for the expedition to Canada, shall 
be one hundred and sixty-seven, besides twelve sailors. 

Proportioned on each town as followeth, viz. : 

Newport, 47 ; Providence, 35 ; Warwick, 10 ; Kingstown? 
35 ; Greenwich, 8 ; Westerly 14 ; Jamestown, 3 ; Ports- 
mouth, 15. 

And be it further enacted, that the general treasurer forth 
with produce a book suitable for recording the acts of the As- 
sembly, and deliver the same to the clerk of the Assembly. 

And it is further ordered, that the recorder and clerk shall 
draw the schedules of this Assembly into a body, and present 
the same to the next sitting of the Assembly ; and to have 
twelve shillings for the copy. 

Whereupon, the Assembly is adjourned to the last Tuesday 
in August next, unless the Governor, or in his absence, the 
lieutenant governor sees occasion to call it sooner. 



1711.] AND PROVIDENCE PLANTATIONS. 125 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, by adjournment, August the 
28//;, 1711. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major Henry Tew, Mr. George Cornell, 

Capt. John Rogers, Capt. Jeoffrey Champlin. 

Mr. George Brownell, 

Col. Wm. Wanton, chosen speaker. 
John Hammet, chosen clerk. 

Capt. George Lawton, chosen justice of the peace in the 
room of Mr. John Coggeshall, of Portsmouth ; also, the said 
Capt. George Lawton is chosen one of the committee for sign- 
ing the bills of credit for this colony, in the room of the said 
Coggeshall. 

In answer to the letter directed to the Honored Governor, 
from Mr. Wharton's widow, relating to the money due to said 
Wharton for service done for this colony : 

It is the general opinion of this Assembly, that whereas the 
said Wharton, was solicitor to Sir Wm. Penn, our agent, that 
the said Penn, in the colony's behalf, make up accounts with 
the said Wharton's widow, and send us the just balance, and 
we shall remit what shall be clue to her. 

Whereas, there is a petition preferred before the Assem- 
bly, under the hand of Mr. Daniel Lewis and company, for 
the confirmation of certain lands purchased by them within the 
jurisdiction of this government, the same being already sur- 
veyed by Mr. John Mumford, surveyor, as appears by a map 
of the same, under his hand : 



126 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

Therefore, be it enacted by this present Assembly and 
the authority thereof, that the recorder general, upon demand, 
shall give unto the said Daniel Lewis and company, their heirs 
and assigns, a firm and authentic quit claim for said land, in 
the colony's behalf, sealed with the colony seal, in order that 
the colony may be for ever debarred from laying or challeng- 
ing any claim, right or title thereunto, or to any part thereof. 

Whereas, there is a petition exhibited before the Assembly, 
under the hands of Wm. Champlin, Esq., and John Hill, re- 
questing that the highway which Mr. John Mumford laid out 
in Westerly, beginning at the bridge at the east side of 
Samuel Clarke's land, and leads down to the Westerly main 
road, may be perpetuated to be an open road : 

Therefore, be it enacted by the authority aforesaid, that the 
said road shall be an open and public road, and so to re- 
main and continue for ever hereafter; and shall be stated 
according to the draft of the same, drawn by Mr. John 
Mumford, surveyor ; reference thereunto being had. 

And also, that the gentlemen chosen at the sitting of the As- 
sembly, in May last, to audit the general treasurer's account, 
be still continued for said service ; and the same to be per- 
formed by the 20th of September next. 

And that the recorder and clerk shall add the schedules of 
this Assembly to the former, and that copies thereof, be sent 
to each town in the colony by the 20th of October next; 
and they to have fourteen shillings for each copy. 

Whereupon the Assembly is dissolved. 



1711.] AND PROVIDENCE PLANTATIONS. 127 



Proceedings of the General Assembly, held for the Colon?/ of Bhode 
Island and Providence Plantations, at Warwick, the lith day 
of November, 1711. 

Col. Samuel Cranston, Governor. 

ASSISTANTS. 

Major Joseph Jenckes. Capt. Jeoffrey Champlin 

Capt. Thos. Fenner, Capt. John Eldredge. 

Maj. Randall Holden, 

Capt. James Greene, chosen speaker. 
John Ilammet, chosen clerk. 

Be it enacted by this present Assembly, and the authority 
thereof, and it is hereby enacted, that the address of the Hon- 
orable, the Governor and council to Her Royal Majesty, bear- 
ing date October 24th, 1711, is allowed to be an act of this 
Assembly ; and that the charge thereof shall be paid out of 
the general treasury. 

Upon reading and deliberately considering a remonstrance 
and representation from the government of Boston and Connec- 
ticut, &c.j concerning the encouragement of the Five Nations of 
Indians : 

Be it enacted by the authority aforesaid, and it is hereby 
enacted, that this government shall be at a common and pro- 
portionable charge with said governments for the encouragement 
of the said Five Nations ; for which purpose, we have appointed 
assistance to His Honor, the Governor, viz. : 

Of the council — Major Joseph Jenckes, Major Randall 
Holden. 

Of the Assembly— Major Nathaniel Sheffield, Capt. Benja- 
min Ellerv. 



128 RECORDS OF THE COLONY OF RHODE ISLAND [1711. 

Be it enacted by the authority aforesaid, and by the authori- 
ty thereof it is enacted, that from the date hereof, till otherwise 
ordered, all soldiers that are, or shall at any time hereafter en- 
list themselves volunteers to go to Shoreham, alias Block 
Island, for the assistance of the people of said island, for their 
defence against the common enemy, shall have thirty shillings 
per month for their service ; and if they find themselves arms 
and ammunition, they shall have forty-six shillings per month. 
But if impressed, then to have but twenty-eight shillings per 
month ; all which shall be paid out of the general treasury.. 

Whereas, Capt. James Greene of the toAvn of Warwick, pre- 
ferred a petition to this Assembly for the payment of nine 
months' service, and his expense in waiting on his uncle, Major 
John Greene, when he went a messenger for this colony to 
Great Britain, in the year 1G86, desiring the improvement of 
£300, in colony bills of credit, for the space of four years next 
ensuing, interest free, in compensation and payment for the 
said service and expense : 

Therefore, be it enacted by the authority aforesaid, and it is 
hereby enacted, that there shall be the sum of £'300 in bills 
of credit of this colony forthwith printed and signed by the 
committee empowered [to sign] the former bills of credit of 
this colony ; and the same put into the general treasury, and 
let out to the said Capt. James Greene, by the general treasu- 
rer, for the space of four years next ensuing, interest free ; the 
said Capt. James Greene paying for the printing and signing 
said bills, and all other incidental charges accruing by letting 
the same. And also, shall give good and sufficient land securi- 
ty to the general treasurer of this colony, and his successors in 
office, in the colony's behalf, for the payment of the said £300. 
And that Col. John Wanton and Lieut. John Odlin forthwith 
agree with the printer, and give order for printing the same. 

Whereas, upon complaint of Mr. William Wilkinson, and 
Mr. Thomas Arnold, Jr., both of the town of Providence, that 
the constable of said town, by virtue of a warrant from Major 



1711.] AND PROVIDENCE PLANTATIONS. 129 

Joseph Jenckes, made distraint on the estates of said Wilkin- 
son and Arnold, for that they refused to go in Her Majesty's 
service in the late intended expedition against Canada ; — 

Be it enacted by this present Assembly and the authority 
thereof, that the said Major Joseph Jenckes is hereby fully au- 
thorized and empowered to order and determine the case relat- 
ing to said fines, according to his discretion, without any man- 
ner of restriction or limitation. 

Be it enacted by the authority aforesaid, and it is hereby 
enacted, that Major Joseph Jenckes, Major Randall Holden, 
and Mr. John Spencer, the} r , or the major part of them, are 
hereby nominated, appointed, authorized and empowered to be 
a committee to proportion the money gathered by contribution ; 
and also, the £200 given by the colony for the building the 
three bridges enacted to be built, by a former act of Assembly ; 
and that the same be performed and done with all possible 
speed. 

And also, that the said £200 be paid out of the general 
treasury, by His Honor, the Governor's order, to the undertak- 
ers of said bridges, according to the proportion of said commit- 
tee ; and said committee to be paid for their service therein, 
out of the general treasury. 

Be it further enacted by the authority aforesaid, and it is 
hereby enacted, that Major Nathaniel Sheffield, Capt. Benjamin 
Ellery, Capt. Benjamin Greene, Capt. William Coddington, and 
Mr. Pardon Tillinghast, they, or the major part of them, shall 
be an audit to audit the general treasurer's accounts, and shall 
begin said work on the 26th day of December next ensuing, at 
the general treasurer's house, or any other place agreed on by 
themselves ; and so to continue on said service till they have 
perfected the same, and when perfected, to make return there- 
of to the next session of the Assembly ; and to have four shil- 
lings per day for their service therein, to be paid out of the 
public treasury. And that the clerk of the house of represen- 
tatives shall forthwith send an order to those persons so chosen 
to attend said service on the ttay above said, with a copy of 
this act, also. 

VOL. IV. 17 



130 RECORDS OF THE COLONY OF RHODE ISLAND [1711 

Whereas, by the providence of God, the Assembly appointed, 
to sit at Warwick, according to custom, on the last Wednesday 
in October last past, was, by the extremity of the weather, neg- 
lected, and there being several cases of appeal depending on a 
determination of the Assembly : 

Therefore, be it enacted by this present Assembly, and by 
the authority thereof, that all those cases depending by appeal 
and should have been brought to said Assembly, shall have a 
fair trial at the next session of this Assembly, where those gen- 
tlemen concerned therein, are ordered to attend. 

Whereupon, the Assembly is adjourned, to meet at the colo- 
ny house, in Newport, the last Wednesday in February next, 
at 8 of the clock, in the morning, if the providence of God, 
through some casualty, do not prevent ; but if prevented by 
providence, as aforesaid, the meeting is to be continued to the 
Thursday, Friday or Saturday, following, at the like place and 
hour of the day ; always provided, upon urgent occasion, it 
shall be in the power of His Honor, the Governor, or in his ab- 
sence, the lieutenant governor, to call it sooner. 

And that the acts passed at this session, be in full force up- 
on the adjournment of this Assembly. 



1712.] AND PROVIDENCE PLANTATIONS. 131 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the 27th 
of February, 1711-12. 

Col. Samuel Cranston, Governor. 

ASSISTANTS. 

Major Joseph Jenckes, Capt. Jeoffrey Champlin, 

Capt. Thomas Fenner, Capt. John Eldredge. 

Major^Randall Holden, 

Representatives from the several towns. 

Mr. John Spencer, chosen speaker. 
John Hammet, chosen clerk. 

An Act for preventing clandestine importations and exporta- 
tion of passengers, or negroes, or Indian slaves into or out 
of this colony ; and for the more effectual putting in execu- 
tion an art, entitled an act for supporting the Governor in 
the performance of his engagement to the act of navigation, 
made at Newport, April 30, 1700. 

Whereas, among other things in the above mentioned act, it 
was therein enacted and ordained, that no masters of vessels 
coming into this harbor of Newport, or any bay or river within 
the bounds of this colony, shall land or bring on shore from 
his said vessel any passengers but shall give the Governor an 
account thereof, nor carry off nor out of this colony any persons 
that are allowed inhabitants in this colony, or in any town 
within the same, or known seamen without a permit from the 
Governor, deputy governor, or any two assistants in this 
colony, upon forfeiture of £50 current money, for which all 
masters shall give bond ; — 

Notwithstanding which good and wholesome laws, several 



132 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 

ill affected persons, to the great detriment of the inhabitants 
of this colony, and of other Her Majesty's good subjects in 
our neighboring governments, have found out clandestine 
ways and means to elude the good intentions of said act ; — 

Be it enacted, and it is hereby enacted and ordained by the 
authority aforesaid, that from and after the publication of this 
act, if any person or persons, inhabitant or inhabitants of this 
colony, or any others, that have resided within this government 
for the space of three months, shall have a mind to transport 
themselves or families to any other place out of this colony, 
tint then they shall, ten days before their departure, set up 
their names, and the design of his, her or their departure, 
at the most public place within the town where he, she, or 
they inhabit, where it shall stand up the aforesaid time of 
ten days, to public view, to the end that all persons may 
be acquainted with their intent of departing this govern- 
ment ; and that they may be under writ by those with 
whom they have contracted any debts or other hindrances 
that might be a lawful let to his, her or their departure; 
the which it shall be lawful for any person to do, that can 
give a just cause for their so doing. 

But if the person so underwriting, cannot make good his 
allegations against the person he hath so underwrit, that 
then he shall be liable to pay all costs and damages that shall 
be sustained by the persons so underwritten, when lawfully 
made to appear. And at the end or expiration of the above 
said ten days, the person or persons whose name or names hath 
been so set up and not underwrit, shall produce from the mag- 
istrate of the town wherein he, she, or they inhabit or reside, a 
certificate under his hand, which shall specify his, her or their 
names, and that they have been set up in the said town accord- 
ing to this act, and hath not been underwrit by any person ; 
which said certificate shall be delivered to the Governor, or in 
his absence, the deputy governor ; or the next justice of the 
peace in the town of Newport, who is hereby authorized to 
grant a permit for his, her or their transportation, to the master 
of the vessel that is to transport them. 



1712.] AND PROVIDENCE PLANTATIONS. 133 

And whereas, the town of Newport is the capital place of 
trade within this government ; — 

It is hereby enacted, that the naval office shall be the place 
where all persons desiring to depart this town for any other 
government, shall set up their names, as above said, which 
shall be publicly exposed to view of all persons, at the door of 
the naval office, for the above said time of ten days ; and then 
it shall be lawful for the naval officer, if the person or persons 
whose name or names hath been so set up, and not been un- 
derwrit, to deliver to him, her or them a certificate, which shall 
specify the same as above said, which certificate shall be deliv- 
ered to the Governor, or in his absence, to either of the offi- 
cers of the peace, as above said, who shall proceed as above 
written, to the masters of all vessels that shall transport any 
passenger or passengers from this town. 

And it is further enacted, that the naval officer shall keep a 
fair register of all persons that shall so transport themselves 
from the said town of Newport, with their name or names, the 
time of their being set up, the name of the master and vessel 
they go with, the time of their departure, and place they are 
bound to, for the view of all persons concerned therein. 

And whereas, there was an act of Assembly made at , 

in the year , entitled an act, &c. : 

It was then and there enacted, that for all negroes imported 
into this colony, there shall be £o current money, of New 
England, paid into the general treasury of this colony for each 
negro, by the owner or importer of said negro ; reference being 
had unto the said act will more fully appear. 

But were laid under no obligation by the said act, to give 
an account to the Governor what negroes they did import, 
whereby the good intentions of said act were wholly frustrated 
and brought to no effect ; and by the clandestinely hiding and 
conveying said negroes out of the town into the country, 
where they lie concealed : 

For the prevention of which for the future, it is hereby en- 
acted by the authority aforesaid, that from and after the publi- 
cation of this act, all masters of vessels that shall come into the 



134 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 

harbor of Newport, or into any port of this government, that 
hath imported any negroes or Indian slaves, shall, before lie 
puts on shore in any port of this government, or in the town of 
Newport, any negroes or Indian slaves, or suffers any negroes 
or Indian slaves to be put on shore by any person whatsoever, 
from on board his said vessel, deliver unto the naval officer in 
the town of Newport, a fair manifest under his hand, which 
shall specify the full number of negroes and Indian slaves he 
hath imported in his said vessel, of what sex, with their names, 
the names of their owners, or of those they are consigned - to ; 
to the truth of which manifest so given in, the said master shall 
give his corporal oath, or solemn engagement unto the said 
naval officer, who is hereby empowered to administer the same 
unto him ; which said manifest being duly sworn unto, the 
said naval officer shall make a fair entry thereof in a book ? 
which shall be prepared for that use, whereunto the said master 
shall set his hand. 

But if the said master shall refuse to give to the said naval 
officer such a manifest as aforesaid, or to swear to the said 
manifest when so delivered to the said naval officer, then upon 
complaint of said naval officer, (whose oath shall be sufficient 
evidence in this case,) to the Governor, or in his absence, to 
the next officer of the peace in the town of Newport, the 
Governor, or the officer to whom the complaint is made, shall 
immediately issue out a warrant of distraint unto the sheriff or 
his deputy, to apprehend the body of the said master, and 
him to commit to Her Majesty's jail, there to remain without bail 
or mainprize until he hath paid the full sum of £40 current 
money, of New England, to the treasurer of this colony, for the 
use of said colony, with all other charges that shall accrue 
through his contempt. 

And when the said master hath delivered his said manifest 
and sworn to it, as abovesaid, and before he hath landed on 
shore, or suffer to be landed, any negroes or Indian slaves as 
aforesaid, he, the said master, shall pay to the naval officer the 
sum of £3 current money, of New England, for each negro ; 
and the sum of forty shillings of the like money for each In- 
dian that shall be by him imported into this colony, or that 



1712.] AND PROVIDENCE PLANTATIONS. 135 

shall be brought into this colony in the vessel whereof he is 
master. 

But if he hath not ready money to pay down, as aforesaid, 
he shall then give unto the said naval officer a bill, as the law 
directs, to pay unto him the full sum above mentioned, for each 
and every negro and Indian imported as above said, which bill 
shall run payable in ten days from the entering the manifest as 
above said ; and if at the end of the ten days, the said master 
shall refuse to pay the full contents of his bill, that then the 
said naval officer shall deliver the said bill unto the Governor, 
or in his absence, to the next officer of the peace, as aforesaid 
who shall immediately proceed with the said master in the man- 
ner above said, by committing of him to Her Majesty's jail, 
where he shall remain without bail or mainprize, until he hath 
paid unto the naval officer, for the use of this colony, double 
the sum specified in his said bill, and all charges that shall 
accrue thereby ; which money shall be paid out by the said 
naval officer, as the General Assembly of this colony shall or- 
der the same. 

And it is further enacted, that the naval officer who now is? 
and who ever shall be for the future put into said office, shall 
at his entering into the said office, take his engagement to the 
faithful performance of the above said acts. And for his en- 
couragement, shall have such fees as are hereafter mentioned 
at the end of this act. 

And for the more effectual putting in execution those acts, 
and that none may plead ignorance : 

It is enacted by the authority aforesaid, that all masters of 
vessels trading to this government, shall give bond, with suffi- 
cient surety in the naval office, for the sum of £'50, current 
money of New England. 

Upon reading a letter from Major Joseph Jenckes, to His 
Honor, the Governor, relating to the building of a bridge over 
Pawtucket river, therein informing His Honor that it is sup- 
posed by several persons of the Massachusetts government, 
that they will be ready and willing to do a considerable part 
thereof, if countenanced by this government ; therefore 



136 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 

Be it enacted by the authority aforesaid, that the recorder 
in behalf of this government, shall write and send a letter forth- 
with to the Massachusetts government, to inform them of said 
report, and that if they incline to be concerned therein, to send 
us their propositions concerning the same, for our perusal. 

Francis Colegrave, petitioned for an abatement of the sum of 
£11 18s. 4<£, due from him to the colony, for land lately bought 
of the colony's committee in the Narragansett country, alledging 
that his eldest son, who was his chief help and support, being 
lately dead, in Her Majesty's service, in behalf of this colony, 
in the late expedition against Port Royal, whereby he is render- 
ed incapable to pay the same • — 

Wherefore, be it enacted by the authority aforesaid, that the 
said sum of £11 18s. id., shall be, and is hereby remitted and 
given to the said Francis Colegrave. 

Whereas, this Assembly having taken into their serious con- 
sideration their jurisdiction and authority as an Assembly, for 
the trial and determination of appeals from the Court of Trials, 
especially respecting title of land ; together with the judgment 
and determination of Her Majesty and council upon the appeal 
of Remington against Brenton, wherein the proceedings of the 
Assembly were utterly condemned ; — 

Whereupon, notwithstanding a former act of this colony, 
which hath constituted and empowered the Assembly to be a 
Court of Chancery, we judge that they had no power or au- 
thority to make any such law, by reason we cannot find any 
precedent that the legislators or Parliament of Great Britain, 
after they had passed an act or law, took upon themselves the 
executive power or authority of constituting themselves a 
Court of Chancery, or an}' other Court of Judicature ; — 

Yet, notwithstanding, considering the power and authority 
of the General Assembly of this colony, granted them by, and 
in our royal charter, do find that their power and authority is 
very large and copious as legislative, to make laws and consti- 
tute courts of judicature for the trial and decision of all mat- 
ters and cases happening within this colony or government, as 
they shall judge proper, according to the constitution thereof. 



1712.] AND PROVIDENCE PLANTATIONS. 137 

so as they be not repugnant, but as near as may be agreeable 
to the laws of England : 

Therefore, be it enacted by this present Assembly, and the 
authority thereof, and it is hereby enacted, that the act or law 
of this colony, which constitutes, authorizes and empowers the 
Assembly to be a Court of Chancery, shall be, and is hereby 
repealed, made null and void, and of none effect ; and that no 
appeal from the Court of Tryals for the future, be granted, al- 
lowed or brought before the Assembly of this colony ; and 
that the gentlemen appealing to this Assembly be dismissed, 
without any cost, save officers' fees. 

And also, that the Assembly of this colony, according to, and 
b}' virtue of their power and authority afore recited, shall erect, 
set up and establish a regular Court of Chancery, within this 
government, according to the methods and precedents of Great 
Britain ; any act or acts, law or laws in this government to the 
contrary hereof, in any wise, notwithstanding. 

Always provided, the said appeals may be by way of peti- 
tion to this, or any other Assembly in this colony, have relief 
in any matter or thing that may be cognizable before them ; or 
that may at any time hereafter, when a proper Court of Chancery 
be stated, have their appeals continued to said court of relief, if 
they shall think fit to prosecute the same. 

Be it enacted by this Assembly, that Col. John Wanton and 
Lieut. John Odlin shall have, and be paid out of the general 
treasury of this colony, the sum of £6, for their service in 
agreeing with and giving order to the printer for the print- 
ing of £13,000, in colony bills of credit, late enacted to be 
printed. 

Whereas, Mr. James Clarke, regulator of the weights .and 
measures of this government, complaining that the weights 
and measures of this colony do not agree with those of the 
neighboring governments ; also proposing that there might be 
measures of brass or copper produced, the which will not be so 
subject to variation as those of wood, which we now have, for 
the standard of this government : 

Therefore, be it enacted by this Assembly, and the authority 

VOL. iv. 18 



138 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 

thereof, and it is hereby enacted, that the said regulator shall 
procure such weights and measures as seemeth to him most 
proper, and get them compared with the standard of the Mas- 
sachusetts government, and then the same to be the standard 
of this government also ; and all the charge accruing thereon, 
to be paid out of the public treasury of this colony. 

Be it enacted by this present Assembly, that the naval offi- 
cer of this colony be allowed a book suitable and fitting for 
the business relating to the importation of negroes, &c, pursu- 
ant to an act herein mentioned, relating to the same. 

And also, that the general treasurer be allowed a book suita- 
ble for the accounts of the colony ; and the charge of both 
said books to be paid by the general treasury. 

Whereas, many of the bills of credit put forth by this colo- 
ny, are worn out and impaired, so that they are hardly passa- 
ble ; and if no measures are taken, whereby they may be re- 
paired, time will render many of them useless, to the damage 
of the last possessor ; and also a hindrance to the currency 
thereof, especially in our neighboring governments, and there 
being a rate to be levied on this colony of £'1000, by former 
act of Assembly : 

Therefore, be it enacted by this present Assembly, and by 
the authority thereof, and it is hereby enacted, that the said 
broken and defaced bills shall continue in the owners' and pos- 
sessors' hands, till the said £1000 be paid into the general 
treasury ; and then the general treasurer of this colony shall 
take and receive of any person or persons all such bills as 
aforesaid, which shall be so worn out and defaced, as renders 
them not fit to pass, and give them good whole bills of credit, 
out of the said £1000, for the same value he shall receive ; 
and that the said treasurer keep said broken and defaced bills 
in his custody till the next sitting of the Assembly after such 
bills shall be so changed, in order that the said Assembly may 
give order for the disposition thereof. 

And whereas, there was a petition preferred to this Assembly 
by Capt. Samuel Greene, attorney to John Knight, requesting 
that an appeal might be granted to said Knight, from the 



1712.] AND PROVIDENCE PLANTATIONS. 139 

Courts of Trials of this colony, relating to a certain controver- 
sy between said Knight and Mr. Job Babcock, &c, concerning 
lands in the Narragansett country, in this colony, to Great 
Britain. 

Whereupon, be it enacted by the authority aforesaid, and it 
is hereby enacted, that the said John Knight shall, and may 
have, and is hereby allowed an appeal from the said Courts of 
Trials, to Great Britain, concerning the premises above men- 
tioned ; he, the said Knight, complying with and conforming 
to the laws and acts of this colony, in such cases made and 
provided. 

The Assembly taking into consideration the great disadvan- 
age they lie under, for want of convenience for their sitting in 
the colony house, the which may be made commodious and 
convenient for the same, both in summer and winter, with a 
small charge, the which, doubtless, will greatly tend to the dis- 
patch of business : 

Therefore, be it enacted by this present Assembly and the 
authority thereof, and is hereby enacted, that there shall be so 
much money paid out of the general treasury as will fit the 
said house, so that it may be made convenient and suitable for 
the purposes afore mentioned. 

And also, that there shall be a room built on the side of the 
colony house, of about sixteen feet square, and about eight oa 
nine feet stud, for His Honor and council to sit in. 

And His Honor, the Governor, and Major James Brown, are 
hereby desired and empowered to employ workmen to do the 
same, as soon as the weather will possibly permit. 

And the same to be performed according to the discretion 
and dictates of His Honor, and said Major Brown. 

Be it enacted by the authority aforesaid, and it is hereby 
enacted, that Major Nathaniel Sheffield, Capt. Benjamin Ellery 
and Capt. William Cocldington, they, or the major part of them 
are hereby authorized, commissionated and empowered to be a 
committee to audit the commissary's accounts ; and also to 
take an exact inventory of all the colony's stores of what ua- 



1.40 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 

ture or denomination whatsoever, and to present the same to 
the Assembly in May next. 

And each of them who shall be actual in said service, to be 
allowed and paid the sum of four shillings per day for their 
service therein, to be paid out of the general treasury. 

Be it enacted by this present Assembly, that the clerk of 
the house of representatives shall draw the acts of this Assem- 
bly into a body, and the same to be proclamated in the town 
of Newport by beat of drum, within nine days after the dissolu- 
tion hereof; and also, shall write a copy thereof for each town 
in this government ; and to be paid out of the general treasu- 
ry of this colony ten shillings for each of them ; and to be allow- 
ed and paid as aforesaid, the sum of forty shillings for his extraor- 
dinary trouble and service ; and that the recorder general shall 
sign and seal each of the said copies with the seal of the colony, 
and send a copy to each and every town in this colony, within 
thirty days after the dissolution hereof, and to be paid out of 
the general treasury for his so doing, the sum of six shillings 
for each copy. 

Whereupon, the Assembly was dissolved. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the &h day of 
May, 1712. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor, 
Weston Clarke, recorder. 

Both houses being full. 

Mr. Ebenezer Slocum, chosen speaker. 
Mr. Joseph Burden, chosen clerk. 



1712.] AND PROVIDENCE PLANTATIONS. 141 

Voted, that both houses be resolved into a committee to 
make preparation for the election. 

Assistants Major Henry Tew, Mr. Joseph Jenckes, Mr. Geo. 
Cornell and Mr. Job Greene, are appointed to open the prox- 
cive votes. 

Deputies Mr. Benedict Arnold, Mr. Thos. Cornell, Capt. Sam'l 
Greene, Mr. Geo. Hassard, Capt. Wm. Champlin, Mr. Jonathan 
Sprague are to receive the votes and put them into the hat. 

Inhabitants of Kingstown freemen of the colony : 

John Elclred, son of Thomas Elclred, William Bentley, Jr., 
Samuel Boon, Francis Runnall, Jr., Wm. Whittman, John Dau- 
ly, Joseph Runnall, Jr., Thomas Bentley, Robert Runnall, 
John Sweet, Jr., James Bentley, Benjamin Merry, Jr., Thomas 
Jackwais, Silas Greenman, John Hall, John Kennion, Richard 
Updike, James Allin, Robert Hall, Isaac Shelding, Peter 
Wells, Jr., Paris Wittford, John Watson, Jr., Samuel Brown, 
Robert Hassard, Jr., John Bridgs, James Runnals, son of 
Francis, Philip Griffith, Samuel Watson, James Browman, Job 
Bab cock, Jr., Wm. Gardner, Thomas Mumford, Jr., Peter Cran- 
dall, Moses Barber, Jr., John Sheldon, Joseph Carpenter, Sam- 
uel Crandall, Joseph Case, Jr., Abel Sherman, Wm. Case, Wm. 
Barber, John Albro, James Eldred. 

Inhabitants of the town of Providence admitted freemen of 
the colony : 

Wm. Sprague, Stephen Dexter, Silas Carpenter, Wm. Tur- 
pin, Wm. Sprague, Jr., James Whipple, Stephen Arnold, Jr., 
Wm. Whipple, Hope Angel, John Field, Ezekiel Hopkins, John 
Angel, son of James Angel. 

Inhabitants of the town of Warwick, admitted freemen of the 
colony. 

John Low, Zachariah Rhodes, Jr., John Greene, son of Thos. 
Greene, deceased, James Arnold, Nathaniel Cahoone, Francis 
Greene. 



142 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 1th of May, 
1712. 

Both houses being full. 

Mr. Ebenezer Slocuui chosen speaker. 
Capt. Joseph Burden, chosen clerk. 

The charter publicly read, [the Assembly] then proceeded 
to election. 

Col. Samuel Cranston, Governor. 
Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Major Henry Tew, Mr. George Cornell, 

Capt. John Rogers, Mr. Randall Holden, 

Major Joseph Jenckes, Mr. Job Greene, 

Capt. Thomas Fenner, Capt. Jeoffrey Champlin, 

Mr. Giles Slocum, Capt. John Eldredge. 

RECORDER. GENERAL ATTORNEY. 

Weston Clarke. Mr. Richard Ward. 

SHERIFF. MAJOR FOR THE ISLANDS. 

Mr. Nicholas Lang. Major Nath'l Sheffield. 

GENERAL TREASURER. MAJOR FOR THE MAIN. 

Capt. Edward Thurston. Capt. Thos. Fenner, 

Mr. James Clarke, chosen packer and sealer of weights and 
measures, and prover of weights, &c. 

Voted, upon the petition of Edward Dyer, of Kingstown, 






1712.] AND PROVIDENCE PLANTATIONS. 143 

concerning a highway near adjoining to his land in the Narra- 
gansett country, that it may be stated according to the original 
grant. 

Be it enacted by this Assembly, and the authority thereof, 
and it is hereby enacted, that His Honor, the Governor, will be 
pleased to grant his warrant to the sheriff to empannel a jury 
of inquiry, upon their engagements, to inspect into and lay out 
the said highway as near as may, according to the bound and 
limits heretofore known and judged to be the intent of the pro- 
prietors of said purchase originally ; and that the general sur- 
veyor of the colony, to wit, Mr. John Mumford, run the lines 
by the jury appointed, and that the charge of the whole to be 
borne by the said Dyer, in case his information be wrong laid ; 
but if otherwise, then by the person or persons who have been 
the cause of molestation in the premises ; and that the return 
be made to the Assembly next at Providence. 

Voted, and it is further enacted by this Assembly, upon the 
request of the naval officer, concerning the act of importation 
of negroes and Indians, that any negroes or Indians brought 
into the harbor of Newport, or any other part of the colony, 
and an .entry made of the vessel, and a manifest given by the 
master, is an importation within the act. 

Voted, upon request of Capt. Wm. Champlin, for a bridge to 
be built over Pawcatuck river, by contribution, is allowed ; 
provided, it be built in the highway. 

This Assembly taking into consideration that the colony's 
ship lying in a decaying condition : 

It is hereby ordered, if no further expedition present by 
the 10th of June next, then the committee herein appointed, to 
wit : Col. John Wanton, Major James Brown, Major Nathaniel 
Sheffield and Mr. Joseph Burden, are appointed to make sale 
of the said ship and appurtenances, for the use of the colony. 

This Assembly is adjourned to the last Monday in June 
next, unless the Governor or deputy governor, see cause to call 
it sooner. 



144 RECORDS OF THE COLONY OF RHODE ISLAND [1712. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, the oOth of June, 1712. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Mr. Ebenezer Slocum, chosen speaker. 
Capt. Joseph Burden, chosen clerk. 

An Act for establishing the ferries from Newport to James- 
town, from Jamestown to Kingstown, and from Kingstown 
to Jamestown, as followeth : 

Whereas, there was an act of the Assembly, in August, 
1709, that John Carr should have the ferry from Newport to 
Jamestown ; Robert Barker, the east ferry from Jamestown to 
Newport ; Josiah Arnold, the west ferry from Jamestown, to 
Kingstown ; and John and Jeremiah Smith, the ferry from 
Kingstown to Jamestown, in consideration of £4 per annum? 
for seven years ; and to perform the conditions in said act 
mentioned : 

This Assembly having inquired into the premises defined by 
those empowered to receive the above said sums, that some of 
the said ferry keepers above mentioned, have neglected and re- 
fused to comply with the terms mentioned in said act ; 

This Assembly, upon good consideration, sees cause to ap- 
point a committee to take care and settle the said ferries, and 
take bond of the persons the ferries are settled upon. 

The committee appointed, is Major Nathaniel Sheffield, 
Capt. John Eldredge, Mr. Stephen Hassard, and Mr. John 
Holmes, or the major part of them agreeing. 

The Assembly having now ordered that the ferry between 
Kingstown and Jamestown, shall be stated on the said Smiths 
and William Gardner, and the other ferries, as afore mentioned, 
they, and every of them, keeping a good sufficient boat and all 
other necessaries as the committee shall agree for ; and to car- 



1712.] AND PROVIDENCE PLANTATIONS. 145 

ry all general officers, jurymen, deputies in, or on any public 
concerns for the colony, ferry free, and the public post. 

And each of said ferries for transportation from one side to 
the other, for a man and horse, eight pence ; for a single man, 
eight pence ; if more than one man, four pence ; for every neat 
beast, one shilling. 

And it is further enacted, that one man belonging to each 
ferry in this colony, shall be discharged from any duty in the 
militia. 

And if either of the above said ferry men shall refuse to ac- 
cept of the terms aforesaid, and give bond to the committee, 
the said committee shall, and have hereby full power to state 
it on such others as they shall appoint, and will accept of the 
same. 

And whereas, there is no provision made in the premises for 
Gardner and Smith to land their passengers ; — 

It is further enacted, that the said Gardner and Smith have 
liberty to land their passengers at any place customary for fer- 
ry boats to take off and land passengers. 

Voted, that both houses be resolved into a grand committee 
for the choice of attorney general and commissary. 

Mr. John Hammett, chosen attorney general, and engaged. 

Mr. Joseph Whipple, Jr. chosen commissary, and engaged. 

Whereas, this Assembly is informed that some of the former 
majors and captains had money given them for the releasing of 
some men that were impressed ; and also, money laid on the 
hands of some persons, by Portsmouth people and others, for 
hiring of soldiers in the last expedition, and have given no ac- 
count thereof : 

This Assembly doth order, that if any such persons be, they 
should be summoned before the town council in that town 
where he liveth, to give account of such money and sums. 

It is further enacted by this Assembly, that there be a com- 
mittee chosen to audit the general treasurer's accounts, and all 
other accounts of any person in this colony, forasmuch as sev- 
eral accounts signed and allowed by His Honor, the Governor, 

VOL. iv. 19 



146 RECORDS OP THE COLONY OF RHODE ISLAND [1713. 

have been disallowed and not approved of ; and that the said 
audit, after perusal of all accounts of charge on the colony's af- 
fairs, and allowed of by said audit, and signed, shall be a suffi- 
cient warrant to the treasurer for payment. 

The audit appointed, is Major Sheffield, Major James Brown, 
Capt. William Coddington and Mr. Joseph Burden, or the ma- 
jor part of them, meeting from time to time. 

And whereas, it hath been moved by the house of deputies 
for the sinking of £500 of the colony bills of credit : 

It is referred to the next Assembly. And that in the mean 
time, the general treasurer take all lawful means to get in the 
debts due to the colony by bond, or otherwise, without favor, 
&c, and make return to the next Assembly. 

And it is further enacted by this Assembly, that the recorder 
and clerk of the house of deputies draw the minutes of the acts 
in form, and to be published in ten days, by beat of drum, in 
the town of Newport, under the seal of the colony ; and to be 
paid for the first draft, by the treasurer, fifteen shillings. And 
that copies of said acts be sent to each town in this colony 
within twenty days, under the seal of the colony ; and the re- 
corder to have ten shillings for each copy, paid him by the gen- 
eral treasurer. And the Assembly is dissolved. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 
hth day of May, 1713. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Walter Clarke, Deputy Governor, 

With the several assistants. 



1713.] 



AND PROVIDENCE PLANTATIONS. 



147 



DEPUTIES. 



Neivport. 
Col. Wm. Wanton. 
Col. John Wanton, 
Major James Brown, 
Major Nathaniel Sheffield, 
Capt. Benjamin Ellery, 
Mr. Robert Gardiner. 

Providence. 
Capt. Nat. Jenckes, 
Mr. Philip Tillinghast, 
Capt. Wm. Crawford, 
Mr. Daniel Abbott. 

Portsmouth. 
Mr. Thos. Durfee, 
Mr. Thos. Hicks, 
Mr. Gideon Freeborne, 
Mr. Benjamin Hall. 

Greenwich. 
Mr. Josiah Jones, 
Mr. Wm. Bennett. 



Warivick. 
Mr. Benj. Barton, 
Mr. John Weeks, 
Mr. Anthonjr Low, 
Mr. Benj. Gorton. 

For New Shoreham. 
Capt, Simon Ray, 
Capt. John Sands. 
Westerly. 
Capt. John Babcock, 
Mr. John Sanders. 
Kingstown. 
Mr. George Hassard, 
Mr. Elisha Coale. 



For Jamestoion. 
Mr. Ebenezer Slocum. 
Capt. Nicholas Carr. 



Col. John Wanton, chosen speaker. 
Mr. Robert Gardiner, chosen clerk. 

Job Peckham, Edward Card, Samuel Casey, Thomas Cogges- 
hall, Edward Boss, Josiah Easton, Richard Mitchell, Thomas 
Smith, Samuel Rodgers, Jr., James Dunn, Samuel Mutt, 
Joshua Easton, son of John Easton, Peter Easton, Jr., John 
Yaughan, Thomas Richardson, Thomas Weaver, Jr., Daniel 
Peckham, Samuel Rhodes, Christopher Lindsay, Jonathan 
Weeden, Jeremiah Weeden, Jr., all of the town of Newport, 
admitted freemen of the colony. 



148 RECORDS OF THE COLONY OF RHODE ISLAND [1713. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the Qth day of 
May, 1713. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Col. Wm. Wanton, Mr. George Cornell, 

Major Nathaniel Sheffield, Major Randall Ilolden, 

Major Thos. Fenner, Mr. Job Greene, 

Mr. Richard Waterman, Capt. Jeoffrey Champlin, 

Mr. Samuel Clarke, Capt. John Eldredge. 

RECORDER. GENERAL TREASURER. 

Weston Clarke. Capt. Edw. Thurston. 

SHERIFF. GENERAL ATTTORNEY. 

Mr. Nicholas Lang. John Hammett. 

MAJOR FOR THE ISLANDS. MAJOR FOR THE MAIN. 

Major James Brown. Capt. Thos. Fenner. 

Mr. James Clarke, chosen packer, gauger and sealer. 

Whereas, Col. Wm. Wanton was chosen deputy for the town 
of Newport, to serve in the Court of Election, and at said elec- 
tion he being chosen an assistant, the Assembly chose Col. 
John Wanton, speaker, during said Assembly ; and also Major 
Sheffield being chosen a deputy, and at the election chosen as- 
sistant, whereupon Mr. Jonathan Nichols and Mr. Joseph Gar- 
diner, was chosen deputies in their rooms. 

Be it enacted by this present Assembly, and the authority 
thereof, and it is hereby enacted, that for the future there shall 
be a clerk of the Assembly chosen annually to serve in the 



1713.] AND PROVIDENCE PLANTATIONS. 149 

house of representatives ; who is not to be a member of said 
house, and he to be chosen by the major vote of the said house 
of representatives, with the approbation of the Governor and 
house of magistrates ; and to be engaged to said office, and to 
be paid six shillings per day, for each day's service, to be paid 
out of the general treasury ; any law in this colony to the con- 
trary hereof, in any wise, notwithstanding. 

Whereupon, John Hammett is chosen clerk of the Assembly, 
for the ensuing year. 

"Whereas, John Gavet, petitioning the Assembly to be re- 
leased and acquitted from martial discipline, by reason of 
an incurable lameness in one of his feet, he having been clear- 
ed in Boston, formerly, for said impotencies, as appears to 
us ; — 

Be it enacted, and it is hereby enacted, that the said John 
Gavet shall be, and is hereby acquitted and discharged for ever 
hereafter from all manner of martial discipline, alarms only ex- 
cepted. 

An Act for the continuance of the military in their several of- 
fices, till the 16th day of June next. 

Whereas, this Assembly having been credibly informed of 
the irregular proceedings of the soldiers in their election of 
military officers ; — 

Be it enacted, that all the commissioned officers of the mili- 
tia of this colony be retained and continued in their several and 
respective offices till the next session of this Assembly, which 
will be on the 16th day of June next, without any intermedi- 
ate election, choice or alteration, by any way or method what- 
soever ; any act or acts, or clauses of acts in this colony to the 
contrary hereof, in any wise, notwithstanding. 

The return of auditors of the general treasurer's account, is 
as follows, viz. : 

That there is due to the colony the sum of £2912 Os. 7</., as 
appears by the accounts. And in answer to what has been in- 
quired into relating to the officers' fees for the last year, they 
are inserted in said account presented. And as to the money 



150 RECORDS OF THE COLONY OF RHODE ISLAND [1713. 

due to the colony by bonds in the treasurer's hands, for the 
Narragansett lands : 

It is hereby enacted and ordered, that the general treasurer 
forthwith execute said bonds, according to law for the recovery 
and gathering in the money due to the colony thereby. 

And be it further enacted by the authority aforesaid, and it 
is hereby enacted, that an annual rate or tax of £1000 per an- 
num, is hereby, and shall be levied on this colony, till the 
£8000 raised on the colony's credit be fully refunded. And 
this act to be in force and executable immediately after the 
£5000, already ordered to be paid annually, be brought in ; 
and the said £8000 to be levied and brought in to the general 
treasury, according as the £5000 w r ere ordered by a former 
act of Assembly, to be levied and collected. 

And be it further enacted by the authority aforesaid, and it 
is hereby enacted, that all the colony stores in the commissa- 
ry's hands, shall be demanded and taken out by Major James 
Brown and Capt. Benjamin Ellery ; and what may be perish- 
ing or of little benefit to the colony, are to be disposed of by 
said Major James Brown and Capt. Benjamin Ellery, and the 
money for which they are sold, to be put into the general 
treasurer's hands ; they taking the treasurers receipt for the 
same. And also, that the powder be put into the treasurer's 
hands, to be secured for the colony. 

And the great guns belonging to the colony, are hereby or- 
dered to be brought, by order of said Major Brown and Capt. 
Elleiy, to the Governor's wharf, and there be tarred and laid on 
logs ; and the charge thereof, to be paid out of the general 
treasury. And what stores the said persons shall receive from 
the commissary, they are to give him a receipt for the same. 

Whereas, the sheriff presented an account of the charges of 
laying out a highway between Edward Dyre and Nicholas 
Spinke, in the Narragansett country, and upon consideration 
whereof ; — 

It is ordered, that the general surveyor and sheriff shall be 
paid for the laying out the said road nut of the general 
treasury. 



1713.] AND PROVIDENCE PLANTATIONS. 151 

Whereas, complaint hath been made to this Assembly, that 
the public road leading through this colony from Pawtucket 
river to Pawcatuck river, is in several places stopped up, 
crooked and not passable for travellers ; and the Assembly 
taking the same into consideration, have nominated and ap- 
pointed a committee of five men, viz. : 

Mr. Philip Tillinghast, for the town of Providence ; Mr. 
Malachi Rhodes, for the town of Warwick ; Capt. Thomas 
Frye, for the town of Greenwich ; Mr. George Hassard, for the 
town of Kingstown ; and Capt. John Babcock, for the town of 
Westerly, to be a committee for the regulating the said com- 
mon road, and if need be, to lay open any man's land or free- 
hold, for making the same more straight, fair and passable. 
Always provided, that due satisfaction may be made to such 
person or persons as may be hurt or damnified thereby. 

Also, His Honor, the Governor, is hereby fully empowered 
and desired to grant and issue forth his warrant or commission 
with such needful instructions and directions, as to him shall 
seem meet for the accomplishment thereof; and to state and 
prefix the time when said work shall be begun and finished • 
and the charge of the said committee, and those attending 
them, shall be paid out of the general treasury. 

Whereas, this Assembly hath been credibly informed that 
there has been great injury done to Ninecraft, the Narragan- 
sett sachem ; and also to the colony, in buying land of said sa- 
chem, and right to cut wood and timber for almost nothing, 
and hiring lands for years ; all which, being contrary to an 
agreement made by said sachem with the colony, as appears 
by an instrument under his hand and seal ; — 

Therefore, be it enacted by this present Assembly and the 
authority thereof, and it is hereby enacted, that for the preven- 
tion of the force and injury of any afore mentioned bargain, or 
seals, &c, that all and every such bargain, sale, lease or mort- 
gage, is hereby made null and void, and of none effect in the 
law. And that for the future, it shall be unlawful for any per- 
son whatsoever, to contract or make any bargain or agreement 
whatsoever, with the said sachem, any ways concerning his 



152 RECORDS OF THE COLONY OF RHODE ISLAND [1713. 

lands, or any part of them, without license first had and ob- 
tained for the same, from the General Assembly. 

And that no recorder or town clerk, within this colony, shall 
record any deed, bargain, contract or agreement any ways re- 
lating to the premises, without said license, upon the penalty 
and forfeiture of the sum of £50, to be paid in to the general 
treasury, for the use of the colony. 

Whereas, Joseph Mowrey and Jeremiah Smith having pre- 
ferred petitions, relating to the ferries between Narragansett 
and Newport. And whereas, there was an act made June the 
30th, 1712, relating to said ferries, but the committee empow- 
ered for putting said act in execution, neglected their duty 
therein ; — 

This Assembly do enact, that Mr. Ebenezer Slocum, Col. 
John Wanton and Major James Brown shall be a committee in 
their rooms, to settle said ferries, according to said act, and — 

Be it farther enacted by the authority aforesaid, that any 
two of the committee formerly commissionatecl by act of As- 
sembly, for signing and allowing the accounts due from the 
colony, being met together and agreeing to, and signing any 
of said accounts, and afterwards allowed and signed by His 
Honor, the Governor, shall be paid by the general treasurer ; 
any act or acts in this colony to the contrary hereof, in any 
wise, notwithstanding. 

Ordered, by this Assembly, that the clerk shall have thirty- 
six shillings for writing the several copies of the act concerning 
the election of military officers, made at this Assembly al- 
ready published ; and the recorder to be paid for the several 
seals. All which, to be paid out of the general treasury. 

Be it enacted by this Assembly, and it is hereby enacted, 
that whereas, there was an act made June the 30th, 1711, 
wherein it was enacted that a road should be run through 
Providence, Warwick and West Greenwich, leading from Prov- 
idece to Plainneld ; but there being no mention made in said 
act how the persons performing the same, should be paid ; for 
want of which, said act was not executed ; — 

This Assembly, considering the premises, and that said road 



1713.] AND PROVIDENCE PLANTATIONS. 153 

will be profitable to the government in general, that the whole 
charge of laying out and stating said road, according to said 
act, shall be paid out of the general treasury. 

Mr. Jonathan Nichols is chosen one of the committee relat- 
ing to the ferries, in the room of Col. John Wanton, he not be- 
ing willing to proceed further therein. 

It is hereby ordered, that the money due by bond, from Capt. 
Christopher Almy, for the colony ship, be forthwith paid to the 
committee formerly empowered for the reception thereof. 

Be it enacted by this present Assembly and by the authori- 
ty thereof it is enacted, that for the future, in all special courts 
of judicature, which shall be called on emergent occasions? 
either person, plaintiff or defendant, which shall be cast, and 
judgment passed against him, shall be awarded by said court 
or courts, to pay all costs and charges that hath accrued upon 
the calling such a court, as well as all other costs, as is cus- 
tomary in our general Courts of Trials ; any act or acts in this 
colony in any wise heretofore made to the contrary hereof 
notwithstanding. 

Capt. Christopher Almy having by writs cast three Indians, 
not belonging to this colony, into prison, in our government, in 
actions of defamation, damage £500 each ; and there being six 
months to the time of their ordinary trial, and their poverty 
such that they cannot procure bail, and application being made 
to this present Assembly that a special act may be made, so 
that a special court may be called to have said case determin- 
ed forthwith, by which means justice may be done, and the 
said Indians released from a long, cold and expensive confine- 
ment ; and the first original grounds of the aforesaid actions 
being a sea-faring matter, and the Indians belonging to another 
government : 

This Assembly do enact, and it is hereby enacted, that the Gov 
ernor, or in his absence, the deputy governor, is hereby fully 
empowered and enabled to grant and call a special court, to try 
the aforesaid cases ; provided, the same shall not be a prece 
dent for the future. 

Whereas, there hath been a difference happening between 
vol.. iv. 20 



154 RECORDS OP THE COLONY OF RHODE ISLAND [1713. 

the present Assembly and Major Sheffield, as was set forth by 
the attorney general ; and the matter being heard in the 
Assembly in order for a fair trial thereon ; but the Assem- 
bly having taken full satisfaction, in the acknowledgment 
which the said Major Sheffield hath presented and signed that 
they have restored him again to his former post or office of an 
assistant, to which he was elected. 

Be it ejracted, that the recorder and clerk shall be paid 
twenty shillings for the first draft of the foregoing acts. And 
the clerk of the Assembly to draw copies thereof, to be sent to 
the several towns in this colony ; and to be paid ten shillings 
for each copy thereof, and the recorder five shillings, for sign- 
ing and sealing each copy. And said acts to be published un- 
der the colony seal in the town of Newport, on Wednesday 
next, by beat of drum ; and the several copies to le sent to 
each town, under the colony seal, by the 10th day of October 
next. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 16//a day of 
June, 1713. 

Col. Samuel Cranston, Governor, 
Weston Clarke, recorder. 
Col. John Wanton, chosen speaker. 
Mr. Robert Gardiner, chosen clerk. 

Whereas, King Charles the Second, of blessed memory, in 
his gracious charter granted to this colony, was pleased in the 
following pa a graph thereof, to instruct and directly order that 
the Governor, general council and Assembly shall nominate 
and appoint the commissioned officers for the militia of this colo- 
ny ; notwithstanding, in the year 1677, the then legislators were 



1713.] AND PROVIDENCE PLANTATIONS. 155 

pleased to enact that the said military officers should be chos- 
en and elected by the inhabitants of each respective town in 
this colony. The reason whereof, was, that the inhabitants were 
then but few, and generally freemen. But sine 3 the making said 
act, the inhabitants growing numerous, and several abuses and 
inconveniences arising therein, through the ill use and manage- 
ment of said act, by the inhabitants, in their voting. For the 
prevention of which for the future — 

Be it enacted by this present Assembly, and the authority 
thereof, and it is hereby enacted, that an act of the General 
Assembly, passed on the 2Sth day of October, 1677, empower- 
ing the inhabitants of each respective town in the colony to 
choose or elect their commissioned officers for the militia of this 
colony, on the last Monday in May, annually, shall be, and is 
hereby repealed, made null and void, and of none effect ; and 
all other act or acts, ordinances or customs in this colony, that 
may in any wise further tend to the same. 

And further, it is enacted and ordained by the authority 
aforesaid, that for the future, all and every the commissioned o[- 
cers, for the militia of this colony, shall be nominated, appoint- 
ed, chosen and elected by the Governor, general council and As- 
sembty, at the general election, in May, annually, pursuant and 
according to our charter ; and such officer and officers so nomi- 
nated and appointed, are to be commissionated by the Govern- 
or, according to their several and respective offices. 

And if any of the said officers so chosen and elected, shall 
refuse to serve in their said offices, or upon the death, suspen- 
sion or removal of any of the said officers, which shall be chos- 
en, elected and commissionated, as aforesaid ; provided always, 
in such cases, and at such time or times the Assembly shall not 
be in being ; it shall be in the power of the Governor, and 
general council to nominate and appoint such othe person or 
persons in his or their room and stead, as to them shall seem 
meet And the commissioned officers for the militia to serve 
till the election in May next, are to be chosen and elected by 
this present Assembly ; and for the future to be chosen in May, 
annual] v, as aforesaid. 



156 RECORDS OF THE COLONif OF RHODE ISLAND [1713. 

The paragraph of the charter afore recited, is as followeth : 

" And further, we do of our special grace, certain knowledge 
and mere motion, give and grant to the said Governor and com- 
pany, of the English colony of Rhode Island and Providence 
Plantations, in New England, in America, and their successors, 
that the Governor, or in his absence, or by his permission, the 
deputy governor of the said company, for the time being, the 
assistants then present, and such of the freemen of the said 
company as shall be so, as aforesaid, elected or deputed ; or so 
many of them as shall be present at such meeting or assembly, 
as aforesaid, shall be called the General Assembly ; and that they, 
or the greater part of them, there present, whereof the Gov- 
ernor or deputy governor, and six of the assistants, at least to 
be seven, shall have, and have hereby granted unto them, full 
power and authority from time to time, and at all times here- 
after, to appoint, alter and change such days, times and places of 
meeting and General Assembly, as they shall think fit ; and to 
choose, nominate and appoint such and so many other persons 
as they shall think fit, and shall be willing to accept. The 
same to be free of the said company and body politic, and 
them into the same to admit, and to elect and. constitute 
such officer and officers, and to grant such needful com- 
missions as they shall think fit and requisite, for the or- 
dering, managing and despatching of the affairs of the said 
Governor and company, and their successors. 

" And we do further, for us, our heirs and successors, give 
and grant unto the said Governor, and company, and their suc- 
cessors, by these presents, that it shall, and may be lawful to, 
and for the said Governor, or in his absence, the deputy gov- 
ernor, and major part of the said assistants for the time being, 
at any time when the General Assembly is not sitting, to nom- 
inate, appoint and constitute such and so many commanders, 
Governors and military officers as to them shall seem requisite ? 
for the leading, conducting and training up the inhabitants of 
the said plantation in martial affairs, and for the defence and 
safe-guard of the said plantations." 



1713.] AND PROVIDENCE PLANTATIONS. 157 

At a General Assembly, sitting by adjournment, at Newport, 
June the 16th, 1713, — 

Voted and passed, that the above written be forthwith pub- 
lished by beat of drum, and under the seal of the colony to go 
forth to the several towns, as an act of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the last Wednes- 
day in October, 1713. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Walter Clarke, Deputy Governor. 

ASSISTANTS. 

Col. Wm. Wanton, Mr. Samuel Clarke, 

Major Nath'l Sheffield, Major Randall Holden, 

Major Thomas Fenner, Mr. Job Greene, 

Mr. Richard Waterman, Capt. Jeoffrey Champlin, 

Mr. George Cornell, Capt, John Eldredge. 

Deputies for the several towns, 

Capt. Thomas Frye, chosen speaker. 
Mr. Robert Gardiner, chosen clerk. 

Roth houses being resolved into a grand committee, to hear 
and determine appeals from the Courts of Trials. 

Wm. Coggeshall, appellant, Rolston Coggeshall, merchant, 
appellee. 

It is the vote and determination of the Assembly, that there 
shall be an abatement of the sum of £'20 of the former judg- 
ments of the courts and verdicts of the juries. 

John Langford, appellant, Evan Henry, appellee. 



158 RECORDS OF THE COLONY OP RHODE ISLAND [1713. 

It is the vote and determination of the Assembly, that John 
Langford shall pay the sum of £30, and the costs of all the 
courts that hath been in this colony, relating to the case be- 
tween John Langford, appellant, and Evan Henry, appellee. 

Be it enacted by this Assembly and the authority thereof, 
and it is hereby enacted, that an act of the Assembly made for 
the annual election of a clerk of the Assembly, is hereby re- 
pealed, made null and void, and of none effect ; and that the 
representatives for the future, choose their clerk, if they see 
good to do so. 

The Assembly having considered the return of the last audit 
in May, 1713, see cause to appoint another audit, to audit the 
general accounts. 

The persons appointed, -are Major Coddington, Capt. Thos. 
Frye, and Capt. Benjamin Greene. 

Whereupon, the Assembly adjourned to Newport, the last 
Wednesday in November next; except the Governor, or in 
his absence, the deputy governor see cause to call it sooner. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the last Wednes- 
day in November, 1713. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 

Capt. Thos. Frye not appearing, Major Coddington was 
chosen speaker during his absence. 
Robert Gardiner, chosen clerk. 

This Assembly taking into consideration the great scarcity 
of grain of all sorts, at present in this colony, which chiefly has 
been occasioned by the great quantity that hath been bought 
up and sent into foreign places, which causes great scarcity 



1713.] AND PROVIDENCE PLANTATIONS. 159 

and want ; and by the blessing of God, to prevent what may 
ensue, if not prevented by the stop to be put to the carrying 
off grain, &c. ; — 

Be it enacted by the Honorable the Governor, council and 
representatives convened in General Assembly and by the au- 
thority thereof, that from and after the publication of this act, 
there shall be no wheat, rye, Indian corn, barley, flour or bis- 
cuit, that is of the product of this colony, transported out of 
this colony to any place or port, or to any other colony, upon 
the forfeiture of thirty shillings per hundred, upon biscuit and 
flour ; ten shillings per bushel, on wheat ; five shillings per 
bushel, upon rye, barley and Indian corn ; one half to be to the 
informer or informers and the other half to be put into the town 
treasury of each or any town where any forfeiture becomes 
due. 

And be it further enacted by the authority aforesaid, that 
any corn or grain of any sort, flour and biscuits, that shall be at 
any time imported into this colony, that the person or persons 
that hath the same for disposition thereof, shall cause the same 
to be cried by the public crier of the town where they shall 
be ; and after it hath been cried three several times on three 
several days, and the people buy not of said grain, flour or bis- 
cuit within ten days after [being] cried, then the said persons 
that imported the same, shall, and hath hereby full authority to 
export the same to any other place. 

Always it is provided, that what grains, &c, any person hath 
for disposition, it shall not be cried above the prices herein men- 
tioned ; that if grain of each sort, good and sound, — wheat, at 
ten shillings and six pence per bushel ; rye, at five shillings ; 
barley and Indian corn, at four shillings, and not exceeding ; 
and flour and biscuit, at thirty shillings, per hundred. 

And be it further enacted, that if any person, for the future, 
that shall import any of said several sorts of grain, bread, or 
flour, in any place of this colony, during the limitation of this 
act, and shall presume to export the same, without giving 
obedience to the within mentioned acts, that him that shall so 
do, shall be liable to be prosecuted on the penalty aforesaid ; to 



160 RECORDS OF THE COLONY OF RHODE ISLAND [1713. 

be prosecuted by the attorney general, to be recovered as all oth- 
er forfeitures may be, as in other cases made and provided for. 

And be it further enacted by the authority aforesaid, that 
Lieut. Joseph Gardiner and Lieut. Joseph Frye, be hereby au- 
thorized and are empowered to make search and inquiry what 
flour, biscuit and grain of any sort is in any merchant's ware- 
house now in this town of Newport ; and what grain, biscuit 
or flour is at any time imported into this harbor during the 
continuance of this act which we enact, shall be of full power 
and force for one year after the publication of this act. 

And be it further enacted and declared, that the intention of 
said act is not to restrict or hinder any person from putting on 
board biscuit or flour for the victualling of any vessel bound to 
any foreign port ; and that a copy of said act be sent to the 
naval officer, who is hereby authorized and empowered to give 
and administer an oath to all masters, mates and merchants con- 
cerning what flour and biscuit they have on board; whether there 
be more than is for the use of the people on board said vessel, 
or whether they have any grain of any sort on board, shipped 
contrary to the within act. 

And for the further preventing of disputes and controversies 
concerning the stores of flour and biscuit, as may be for any 
vessel or vessels' use on their outward bound, and to what 
places bound, and to what number of sailors and passengers 
they may carry out and have on board when they sail, the con- 
sideration of which Capt. Benjamin Ellery, Capt. Job Almy 
and Capt Wm. Coddington, to draw up what may be needful 
for the stores of any vessel according to the number of men, 
and to what port bound, and leave it with the naval officer for 
him to inquire into ; and each vessel to have their allowance 
thereby. 

And be it further enacted, that on complaint made to the 
Governor, deputy governor, or any assistants, of any person 
[who] is found transgressing this act, that any of tnem [may] 
grant forth their warrant for the seizing said grain, to be pros- 
ecuted on the forfeitures, according to said act ; and the war- 
rant either to be proceeded on, for seizure as directed, to 



1713.] AND PROVIDENCE PLANTATIONS. 161 

the sheriff, water-bailiff or constable, according as the circum- 
stances of the said concern is thought proper and most need- 
ful so to be. 

Whereas, at the last Assembly, at Warwick, Major Codding- 
ton, Capt. Thos. Frye and Capt. Benjamin Greene, were chosen 
to be a committee to inspect and make inquiry into the £2912 
00s. 7cl, in the general treasurer's hands ; as also the £1000 
lately collected, and to present to the Assembly what may be 
of immediate necessity for the colony's present occasion, and 
the rest to be sunk, in order for the redemption of the colony's 
credit, according to the Assembly's act, in the first making of 
the paper money ; and the same not being performed according 
to the general expectation of the Assembly ; — 

This Assembly doth hereby nominate and appoint Mr. Wm. 
Sanford, of Portsmouth, and Mr. Richard Ward, of Newport, to 
be added to the gentlemen above named ; and that they, or the 
major part of them, meeting together at the town of Newport, 
on the 15th day of December next, shall have, and have here- 
by full power and authority to adjourn from time to time, to 
perform the above said service ; and they to make return of 
their proceedings therein to the next sitting of this Assembly, 
and to be paid four shillings per day for their service therein ; 
to be paid out of the general treasury : and also to make in- 
spection and inquiry into the impost money in the naval officer's 
hands of what particular sum there is. 

And further, to inspect into and make inquiry of Major 
James Brown and Capt. Benjamin Ellery, what stores belong- 
ing to the colony they have received of the commissary, and 
how they have disposed thereof; and to make return thereof 
to the next sitting of the Assembly, as aforesaid, 

Whereas, there was a petition preferred to the Assembly by 
Capt. Edward Thurston, general treasurer, concerning the re- 
covery of the particular sums of money due to the colony by 
bonds for the Narragansett lands ; — . 

It is enacted by this present Assembly, and the authority 
thereof, that the general treasurer forthwith warn each and ev- 
ery person mentioned in said bonds, to appear before him on 

VOL. IV. *il 



162 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

the 1st day February next ensuing, to make proof what person 
or persons, and how much each of them are indebted by said 
bonds ; and the general treasurer to take particular bond of 
each delinquent person, both for the principal and legal inter- 
est, payable within twelve months, next after the said 1st day of 
February ; or else their lands to be under the forfeiture as 
mentioned in the aforesaid or original bonds and all other bonds 
in his hands, relating to this colony, on said lands, to be execut- 
ed as aforesaid. 

Whereupon, the Assembly is adjourned to the 24th day of 
February next, at Newport ; unless the Governor, or in his ab- 
sence, the deputy governor, see cause to call it sooner. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 24//i 
of February, 1714. 

Col. Samuel Cranston, Governor. 
Weston Clarke, recorder. 
Capt. Thomas Frye, speaker. 
Mr. Robert Gardiner, clerk. 

Accordingly the Assembly met, and Capt. Thomas Frye ap- 
pearing, took his place of speaker, according to the first elec- 
tion. 

An Act to prevent pedlars passing through the several towns 
of this colony, to expose several sorts of goods to sale 
throughout said towns. 

It is hereby further enacted by the authority aforesaid, that 
no person or persons presume to come into this colony, with 
any packs of any sort of dry goods, to any particular house or 
house in any town in this colony, and endeavoring to expose 
said goods to sale,by opening their packs, upon the fine or forfeit- 



1714.] AND PROVIDENCE PLANTATIONS. 163 

ure of £20, to be paid by any such person or persons presuming 
so to do ; and upon complaint to any one justice of the peace in 
any town, by two evidences thereof, of any person or persons 
so transgressing, the said persons to be apprehended, and upon 
refusing to pay the said fine, the said justice of the peace, 
before whom said person or persons are brought in any of said 
towns ; that then it shall be lawful for said justice of the peace 
to commit any such person to Her Majesty's jail, in the town 
of Newport, for prosecution ; and one half of said fine to be to 
the town where such person or persons have made a breach of 
said act ; and the other half to the informers : and the delin- 
quent persons to be prosecuted by the attorney general ; and 
this act, after publication thereof, a copy set up in a public 
place in each town in this colon}', and to be in force within for- 
ty days after set up in each town of this colony. 

And it is hereby enacted by the authority aforesaid, that the 
jurors empowered by His Honor, the Governor's warrant, for 
running and laying out a highway between Edward Dyer and 
Nicholas Spinke, in Kingstown, shall have, and be paid the 
sum of £6, out of the general treasury, for their service 
therein. 

Be it further enacted by this present Assembly and the au- 
thority thereof, that if any person having done public service 
for this colony, not already prescribed by act of Assembly, such 
person producing his account of service, attesting the same be- 
fore any assistant, or eldest justice of the peace, belonging to 
such town where such service shall be done, upon such allow- 
ance ; provided such account amounts not to above £o, 
and being subscribed by such officer and allowed of by the 
Governor, for the time being, shall be a sufficient authority to 
the general treasurer for paying the same. But if such ac- 
count amounts to above £5, then such person to apply him- 
self for acceptance of his accounts to the General Assembly, or 
such audit as they shall appoint. 

Always provided, that His Honor, the Governor, shall not be 
restricted from drawing such money out of the general treasu- 



164 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

ry as shall be needful on any emergent or sudden occasion, for 
the colony service. 

This Assembly, taking into consideration that the several 
acts of Assembly for the sinking of £1000 per annum, yearly, 
of this colony's bills of credit, have not been accordingly prose- 
cuted, the which may prove of ill consequence, if not put in 
execution ; — 

Therefore, be it enacted by this present Assembly and by 
the authority thereof it is enacted, that on the last day of 
April next ensuing, there shall be £2000 of the bills of credit 
set out by this colony, sunk, burnt and wholly destroyed in 
the presence of the Governor and general council, Major Nath'l 
Coddington, Mr. William Sanford, Mr. Joseph Whipple, Capt. 
Benjamin Greene, Mr. Joseph Maxon, Mr. Jeremiah Gold, Capt. 
Thos. Frye, Mr. Joseph Mowrey and Capt. Simon Ray, or so 
many of them as shall be then present. Always provided, the 
Governor or deputy governor, and two assistants to be present 
at the burning said bills. 

And for the drawing of the said bills of credit out of the 
general treasurer's hands, and taking an account thereof, in or- 
der to have them burnt, as aforesaid, this Assembly do here- 
by nominate, appoint and empoAver the six persons who were the 
committee for signing the bills of credit of this colony, together 
with Mr. Richard Ward, or any two of them, who are hereby 
fully authorized and empowered to meet together on the 1st 
day of April next ensuing, at such place as they think fit, in 
the town of Newport, to demand and draw out of the general 
treasurer's hands the sum of £2000, of this colony's bills of 
credit, to be burnt as aforesaid. 

And if need require, the said committee have power, and are 
hereby empowered to adjourn their said meeting from time to 
time, for the performance of said work, so that the £2000 may 
be ready to be burnt, as aforesaid. 

And it is further ordered and enacted by this Assembly, 
that if there shall not be bills of credit in the general treasu- 
rer's hands sufficient to make up the sum of £2000, then the 



1714.] AND PROVIDENCE PLANTATIONS. 165 

above mentioned six signers, with Mr. Richard Ward, or any 
two of them, have hereby full power first to demand and draw 
the £447 now lying in Capt. Christopher Almy's hands, due to 
the colony, to make up said sum ; who is hereby required forth- 
with to pay the same on demand. 

And if there shall be more money still wanting to make up 
said sum of £2000, the said committee have hereby full power 
to demand and draw out part or all the money in the naval of- 
fiers' hands belonging to the colony, to complete said sum of 
£2000, and all the charges in the premises to be paid out of 
the general treasury ; any act or acts, or clauses of acts to the 
contrary hereof, in any wise, notwithstanding. 

And as to the remaining part of the late £1000 rate, which 
ought to have been collected by the constables of the town of 
Newport, chosen for the year 1712, notwithstanding the defi- 
ciency of the rate-makers of said town, in not proportioning the 
said rate within the time wherein the same ought to have been 
performed ; — 

Be it enacted, and it is hereby enacted by the authority 
aforesaid, that each and every of the constables of the town of 
Newport, which was chosen for the year 1712, are hereby fully 
authorized and empowered to gather and collect the remaining 
part of the said rate as if the said defect of the rate-makers 
had not happened. And that the said constables are hereby 
strictly ordered to collect and gather together the remaining 
part of said rate according to their several lists or rate bills 
for the same, and render it into the general treasury within 
twenty days next after the adjournment of this Assembly, un- 
der the penalty of being liable to an action from the general 
treasurer for the recovery thereof. 

And as to part of a former rate, remaining in one of the 
former constable's hands, for the town of Providence, not yet 
paid into the general treasury ; — 

It is hereby ordered and resolved, that the general treasurer 
shall improve the due methods of law in such cases already 
made and provided for the immediate recovery thereof. 

And that the above said acts shall be signed and sealed 



166 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

by the recorder, with the seal of the colony and published 
in the town of Newport, immediately on the adjournment 
of this Assembly, and to be in as full force and authority as if 
the Assembly were dissolved ■ any act or acts, or clauses of 
acts in this colony, to the contrary hereof, in any wise, not- 
withstanding. Per WESTON CLARKE, Recorder. 

Whereas, there was a petition presented by John and Jere- 
miah Smith, to this Assembly, relating to the ferry between 
Jamestown and Kingstown, and the Assembly taking the mat- 
ter into consideration ; — 

Do enact, and it is hereby enacted, that the said John Smith 
and Jeremiah Smith, complying with the committee (commis- 
sionated for the letting out said ferries) according to law, they 
shall have the whole privilege and benefit of said ferry, not- 
withstanding any grant or grants formerly made to Wm. Gard- 
ner ; and that the said Gardner forthwith desist carrying or 
transporting any passenger or passengers over the said ferry ; 
any act or acts to the contrary hereof, notwithstanding. 

Whereas, Major Nathaniel Coddington having preferred a 
petition to this Assembly for a grant of a certain parcel of land 
in the Narragansett country, containing two hundred and fifty 
acres, laid out by Mr. John Mumford, general surveyor, as 
appears by plat, this Assembly taking the premises into con- 
sideration ; — 

Do enact, and it is hereby enacted, that the said Maj. Cod- 
dington, his heirs and assigns, shall have, possess and enjoy the 
said two hundred and fifty acres of land for ever, paying and 
defraying all the incidental charges that have accrued thereon. 

Whereas, His Honor, the Governor, has received a letter 
from His Excellency, Col. Nicholson, dated the 22 d instant, 
wherein His Excellency, representing his intent to be here) the 
10th of March, next, if possible ; — 

Be it therefore enacted by this present Assembly, and the 
authority of the same, that this Assembly be prorogued of ad- 
journed to the last Tuesday of March, 1714, at 8 of the c|Toc"k: ? 
in the morning, at the town of Newport ; without the Govern- 



1714.] AND PROVIDENCE PLANTATIONS. 167 

or, or iii his absence, the deputy governor, see cause to call it 
sooner, on emergent occasion. 

But in case the Governor, or deputy governor, shall not see 
cause to call the Assembly before the said time of prorogation 
or adjournment, the last Tuesday in March, — 

Then, it is hereby further enacted, that this Assembly shall 
fall and be dissolved, on the last Tuesday of March, without 
any further meeting or notification ; and that the acts of this 
Assembly be published, under the seal of the colony, by beat 
of drum, at the colony house, at the dissolution, aforesaid, and 
copies thereof to be signed by the recorder, and sealed with 
the seal of the colony, and sent to the several towns in this 
colony, within ten days next after the said dissolution ; and the 
clerk to be paid out of the general treasury the sum of six shil- 
lings for each copy ; and the recorder five shillings, for sealing 
each copy, and five shillings for his extraordinary service, in 
compacting the acts of this Assembly. 



Proceedings of the General Assembly, held for the Colon// of Rhode 
Island and Providence Plantations, at Newport, the ith day of 
May, 1714. 

• 
Col. Samuel Cranston, Governor. 
Lieut. Col. Walter Clarke, Deputy Governor. 

DEPUTIES. 

For Newport. Providence. 

Mr. Jonathan Nichols, Major William Hopkins, 

Capt. Wm. Weeden, Mr. Joseph Whipple, 

Lieut. John Rogers, Mr. William Harris, 
Lieut. Benjamin Coggeshall, Mr. Jonathan Sprague, 
Richard Ward, 
Lieut. Joseph Frye. 



168 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

DEPUTIES. 

For Portsmouth. Kingstown. 

Mr. Benjamin Hall, Mr. Wm. Hall, 

Capt. George Lawton, Capt. Christopher Allen. 
Mr. William Coggeshall, For New Shoreham. 

Mr. Wm. Hall. " Capt. Simon Ray, 

Warwick. Capt. John Sands. 
Mr. Benjamin Barton, Jamestown. 

Mr. Benj. Greene, Mr. Ebenezer Slocum, 

Capt. Samuel Greene, Capt. Nicholas Carr 
Mr. John Bice, Jr. Greenwich. 

Westerly, Capt. Thos. Fry, 

Mr. Daniel Lewis, Mr. Thomas Spencer. 
Mr. Thomas Hiscox. 

Capt. Thomas Fry, chosen speaker. 
Richard Ward, chosen clerk. 

Capt. Benjamin Shearman, Thomas Cranston, Philip Har- 
wood, John Chadwick, Edward Coddington, Samuel Vernon, 
Caleb Barker, John Edee, John Thurston, Thomas Tudor, Israel 
Woodard, Joseph Knowlton, James Greene, Stephen Harding, 
Arnold Collins, Jr., David Wiatt, William Weeden, Jr., Joseph 
Chaplin, Israel Barney, Nathaniel Coddington, Jr., Peleg Tripp, 
John Weaver, John Walker, Job Weeden, Philip Weeden, John 
Allen, Francis Brinley, Philip Weeden, Jr., John James, Sam- 
uel Tewell, Edward Woodman, Isaac Peckham, Clement Wea- 
ver, William Rouse, Thomas Sisson, Thomas Leach, John Rider, 
Joseph Barker, Jr., Benjamin Weaver, William Clarke, Elisha 
Tew, Job Lawton, Peleg Rogers, all of the town of Newport, 
are admitted freemen of this colony. 

Job Lawton, John Dexter, Jr., John Manchester, James Sis 
son, of Portsmouth, are admitted freemen of this colony. 

John Ruttenberge, John Holden, Stuckley Stafford, Samuel 
Gorton, son of Samuel Gorton, William Stafford, Ezekiel War- 
ner and Adam Casey, of the town of Warwick, are admitted 
freemen of this colonv. 



1714.] AND PROVIDENCE PLANTATIONS. 169 

Richard Sweet, Henry Sweet, Jr., Benjamin Sweet and Chas. 
Andrew, all of East Greenwich, are admitted freemen of this 
colony. 



Proceedings of the General Assembly, held for the Colony of Bhode 
Island and Providence Plantations, at Neivport, the 6th day of 
May, 1714. 

Col. Samuel Cranston, Governor. 

ASSISTANTS. 

Mr. Jonathan Nichols, Capt. George Lawton, 

Major Nathaniel Sheffield, Capt. Benj. Greene, 

Joseph Whipple, Mr. Job Greene, 

Mr. Philip Tillinghast, Capt. JeoiTrey Champlin 

Mr. George Cornell, Mr. Jeremiah Gould. 

RECORDER. GENERAL ATTORNEY. 

Richard Ward. Weston Clarke. 

SHERIFF. MAJOR OF THE ISLAND. 

Mr. Nicholas Lang. Major Nathaniel Sheffield. 

GENERAL TREASURER. MAJOR OF THE MAIN LAND. 

Mr. Joseph Burden. Capt. Thos. Frye. 

Capt. Thomas Frye, chosen speaker. 

Nicholas Carr, chosen clerk of the house of representatives, 
in the room of Richard Ward, recorder. 

This Assembly, taking into consideration that Capt. Edward 
Thurston, late general treasurer, hath not complied with a late 
act of Assembly, which required him, as treasurer, to produce 
£2000 of this colony's bills of credit, lodged in his custody, 
and the same deliver unto the committee appointed to receive 
the same, in order to have them burnt, pursuant to said act ; — 

vol. TV. 22 



170 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

It is therefore enacted by this present Assembly, and be it 
enacted by the authority thereof, that Major Nathaniel Shef- 
field, Mr. Joseph Burden and Richard Ward, or any two of 
them, being met for such purpose, shall, and hereby have full 
and ample authority to adjust and settle all accounts unadjust- 
ed or not settled between this colony and the said late treasu- 
rer, and from him to demand and receive all books, bills, bonds 
or other papers in his hands, which relate particularly to this 
colony, so that they, and every of them, may be ready by said 
committee, to be laid before the next sessions of Assembly to 
be holden at Newport, aforesaid, on the 15th of June next 
ensuing, for their further considering and determining the 
premises. 

And be it further enacted by the authority aforesaid, that 
whereas, there is £1000 tax levied on the inhabitants of the 
colony, which is to be paid into the treasury by the last of June 
next ; — 

It is therefore enacted by this present Assembly, and the 
authority thereof, that said £1000, when collected, shall be 
paid unto the present general treasurer, he allowing or paying 
unto the late treasurer a reasonable satisfaction for his care, 
trouble and pains, that he hath been at in order to have the 
same collected according to law ; any law or custom in this 
colony, to the contrary, notwithstanding. 

And it is further enacted by the authority aforesaid, that 
Major Nathaniel Sheffield, Mr. Joseph Burden and Richard 
Ward, shall have full power and ample authority to demand 
of, and receive from Mr. Weston Clarke, late recorder, all 
books, court rolls, files, bonds and all other papers of what 
nature and kind soever they be, relating to the recorder's office 
wherein this colony is concerned, in order to have the same de- 
livered unto Richard Ward, recorder for the time being. 

And be it further enacted by the authority aforesaid, that 
the sum of £447 by (apt. Christopher Almy, for the colony's 
use, shall be lodged in Major Nathaniel Sheffield's hands, in 
order to have the same exchanged for bills of credit, put out 
by the authority of this colony, so that the same may be sur 



1714] AND PROVIDENCE PLANTATIONS. 171 

rendered by him at the next session of Assembly to be holdcn 
on the 15th day of June next, at Newport, aforesaid. 

And be it further enacted by the authority aforesaid, that 
Major Nathaniel Sheffield, Richard Ward, and Jos. Burden, shall 
have full power to draw forthwith out of Mr. Robert Gardner's 
hands the sum of £286, belonging to this coloiry, and the same 
convert, if so much be due from this colony, to particular per- 
sons, for the defraying of the colony's debts. 

And be it further enacted b}^ the authority aforesaid, that 
forasmuch as a considerable number "of men, belonging to the 
town of Newport, have for some time past done their military 
duty at Fort Ann, and have been thereby discharged from per- 
forming their duty in said town, which service is now deemed 
needless, they are therefore hereby dismissed from service at 
said Fort Ann, and required to perform their duty in said town 
of Newport ; any custom or usage to the contrary notwith- 
standing. 

Whereas, there was an act of Assembly of this Her Majesty's 
colony, that there should be a gunner and five men subsisted 
and paid by this colony, for performing their duty in Her 
Majesty's and this colony's service at Fort Ann, during the 
time of the late war ; which war, by the blessing of God, is de- 
termined and brought to a period ; and forasmuch as the charge 
hath been considerable for the maintenance and pay of said 
men, and there being no necessity in time of peace, to continue 
said charge ; — 

It is therefore enacted by the authority aforesaid, that His 
Honor, the Governor, Major Nathaniel Sheffield and Mr. John 
Odlin, or the major part of them, being met for said purpose, 
shall, and have hereby full power and authority to dismiss and 
discharge said gunner and men ; or otherwise covenant, agree, 
determine and settle any future contract with such gunner and 
other persons, which they, the said gentlemen shall think meet 
and requisite for the future taking said fort and stores, which 
being concluded, then such conclusion to be laid before the As- 
sembly, at their next sessions, for their approbation thereof; 



172 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

any law, act or acts, custom or usage to the contrary, not- 
withstanding. 

And it is further enacted by the authority aforesaid, that 
Mr. John Hanimett, late clerk to the house of representatives, 
surrender and yield up all books, minutes, papers and all other 
things in his, the said clerk's custody, which doth belong, or 
appertain unto said house, unto Mr. Nicholas Carr, the present 
clerk of said house. 

And it is further enacted by the authority aforesaid, that the 
acts of this Assembly shall be forthwith published in Newport, 
within this colony, by beat of drum, having the seal of this, 
Her Majesty's colony, first thereunto affixed ; which, when 
done, this Assembly to be adjourned until the 15th day of 
June next ensuing. 

Whereupon, this Assembly is adjourned. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Neiwport, the Ibth day of 
June, 1714. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Major Thomas Frye, speaker. 
Capt. Nicholas Carr, clerk. 

The new election members or representatives, being engaged, 
the General Assembly first took into consideration the necessi- 
ty of proceeding to elect a deputy governor, in the room of the 
Honorable Walter Clarke, Esq., late deputy governor, de- 
ceased ; and accordingly proceeded, and chose the Honorable 
Lieutenant Colonel Henry Tew, deputy governor ; who took 
his engagement, accordingly. 

Whereas, the body of laws, for settling and regulating the 
military forces within this colony, are swelled to a large vol- 



1714.] AND PROVIDENCE PLANTATIONS. 173 

ume, by reason of the former Indian wars, and the late French 
wars, so that many of said acts interfere one upon the other, so 
that some of them are become useless, and others do not suit 
the constitution of this colony, which may, in length of time, 
prove prejudicial to the government, if not repealed ; — 

Therefore be it enacted by this Assembly and the authority 
thereof it is enacted, that all the acts of Assembly, and all the 
orders of general councils that have been made and ordered, 
which are now in force, from the first granting of our gracious 
charter, by our Royal Sovereign, King Charles the Second, of 
blessed memory, to this day, are all repealed, made null and 
void, and of none effect ; any act or acts, clause or clauses of 
acts, to the contrary, notwithstanding. 

At a General Assembly held at Newport, within and for 
said colony, the loth of June, 1714 ; — 

There being a vote of said Assembly, passed for the repeal- 
ing a late act, wherein the choice of the militia officers was 
vested in the General Assembly, according to the express 
words of the charter, and that for the future the military offi- 
cers shall be elected or chosen by the freemen of each respec- 
tive company within said colony ; — 

We, whose names are hereunto subscribed, having seriously 
considered the premises, and often perused the charter upon 
that foot, are of opinion, and it is our judgments, that the in- 
vesting of the freemen of each company with the choice of the 
militia officers, is repugnant to the express words of the char- 
ter, and highly dishonorable to the crown and dignity of Her 
Majesty, her heirs and successors, — the prerogative of the mi- 
litia being wholly and solely invested in the crown, and by the 
crown, in the General Assembly of this colony ; for which rea- 
sons, we hold it our duty and incumbent upon us to protest 
against said act, or vote ; and do hereby protest against the 
same. SAMUEL CRANSTON, Governor. 

JOB GREENE, Assistant. 
WM. WANTON, j v 

• WM. CODDINGTON, ( ^presen- 
SIMON RAY, Jr. J °* 



174 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

Whereas, His Honor, the Governor, laid before this Assem- 
bly the petition preferred to him by Thomas Carleton, desiring 
to have a special court granted him in a case between him, the 
said Thomas Carleton and Mr. Francis Brinley, of Newport, of 
this colony ; and this Assembly, after considering and debating 
the premises, gave their opinions, that by the law of this colo- 
ny, the said Carleton had right, and was entitled to the benefit 
of calling a special court to hear and determine said cause. 

Whereas, at a General Assembly, convened on the 15th 
instant June, by adjournment, there was preferred by His 
Honor, the Governor, the petition of Thomas Carleton, of Lon- 
don, Jr., merchant, who prayed for a special court to be called 
for the determining some difference that was risen between 
Thomas Carleton, of London, Sen., merchant, and Mr. Francis 
Brinley, of the town of Newport, merchant, concerning some ac- 
counts that were between them ; at which time, the Honorable 
Samuel Cranston, Governor, put it to vote whether Mr. Thomas 
Carleton, of London, merchant, should have a special court 
called to determine the action set forth in his petition, which 
vote carried it, that he should have said court granted him : 

Against which vote, myself, the subscriber, being one of Her 
Majesty's assistants, for the colony of Rhode Island, &c, and 
one of the members of the aforesaid Assembly, do protest and 
declare against the calling a special court to answer the afore- 
said petition, for these reasons following, viz. : 

Mr. Thomas Carleton, of London, merchant, senior, is a resi- 
dent in London, and ctid consign goods to Mr. Francis Brinley, 
of Newport, aforesaid, for ten years together, beginning about 
thirty years since ; and so holding' his correspondence ten 
years and more, before any difference arose. By reason of 
which long dealing, he could have no title to a special court in 
this colony, for the despatch of his business ; but ought to have 
brought his action to the General Court of Trials, appointed to 
hear and determine all causes recognizable before them. 
Therefore, if the principal were not entitled to a special court, 
then Thomas Carleton, Jr., attorney to 'the principal, neither 



1714.] AND PROVIDENCE PLANTATIONS. 175 

can, nor ought to be entitled to any such court. For the vin- 
dicating the above protest, I have hereunto set my hand. 

NATHANIEL SHEFFIELD. 

And it is further enacted by this Assembly and the authori- 
ty thereof, that the Honorable, the Governor of this colony 
shall have, and hereby hath full power to nominate and com- 
mission such gentlemen as he shall think fit, together with a 
surveyor, to run the divided line between this colony and that 
of Connecticut, in concert with such commissioners as are, or 
shall be appointed by the Honorable, the Governor of Connec- 
ticut, pursuant to an agreement made in the year 1703, May 
the 12th, between the colonies aforesaid. 

And be it further enacted by the authority aforesaid, that all 
the outstanding debts due to this colony, on the bonds relating 
to the sale of the Narragansett lands, &c, shall be sued by the 
general treasurer of this colony, in order to have the same ob- 
tained at the next General Court of Trials to be holden on the 
first Tuesday in September next, pursuant to the return of the 
committee empowered by this Assembly, to inspect into the 
same. 

And it is further enacted by the authority aforesaid, that 
Samuel Dyre, the gunner, of Fort Ann, shall be allowed £20 a 
year out of the general treasury. Provided, he take care of the 
guns, ammunitions, and all other stores lodged in said fort, be- 
longing to this colony ; and that what this colony is in arrears 
unto Col. William Wanton, shall be inspected into by Major 
Nathaniel Sheffield, Capt, Joseph Frye, and the present treas- 
urer ; and what they r shall find due upon examination, shall be 
paid out of the general treasury, by an order from the Gov- 
ernor, for the same. 

And it is further enacted by the present Assembly and the 
authority thereof, that whereas, the sheriff of this, Her Majes- 
ty's colony, for the time being, hath protested against the com- 
mon jail in Newport, and in Her Majesty's behalf, has also re- 
monstranced against the insufficiency of said jail ; — 

This Assembly having taken the same into consideration, 



176 RECORDS OP THE COLONY OF RHODE ISLAND [1714. 

and deem it absolutely necessary to repair, augment or rebuild 
said jail, do enact and fully empower the honorable, the depu- 
ty governor, Major Nathaniel Sheffield, and Col. William Wan- 
ton, as a committee, to view, consider and advise how said jail 
may be made or built, to effect the ends the same is intended 
for ; and return of their opinion to make at the next General 
Assembly sitting, in order to have the same effected. 

And whereas, there was an act of Assembly passed in this 
colony, by which £2000 in this colony's bills of credit were or- 
dered to be burnt upon the last of April last past ; and there 
not being in the treasury enough to accomplish said work,, and 
this Assembly having received of their audit, appointed for the 
same, the sum of £655 8s. Qd., out of the treasury, and of 
Christopher Almy £447, all in this colony's bills of credit ; — 

It is therefore enacted by the authority aforesaid, that said 
bills received of the audit, and of Christopher Almy, be forth- 
with burnt, in order for the redemption of the colony's credit ; 
and was accordingly burnt, in the presence of both the 
houses. 

And it is further enacted by the authority aforesaid, that 
the general recorder shall have fifteen shillings for each copy 
of the acts of this Assembly sent by him to each respective 
town in the colony under the seal of this, Her Majesty's colo- 
ny, and by him to be accomplished within three weeks from 
the dissolution of this Assembly. 

And it is further enacted by the authority aforesaid, that the 
acts of this Assembly be forthwith published in Newport, by 
beat of drum, with the colony's seal thereunto affixed ; and af- 
ter the publication thereof, this Assembly is to be dissolved. 

Whereon, this Assembly is dissolved. 



1714.] 



AND PROVIDENCE PLANTATIONS. 



177 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the 27th of 
October, 1714. 

Col. Samuel Cranston, Governor. 



ASSISTANTS 

Jonathan Nichols, 
Major Nathaniel Sheffield, 
Joseph Whipple, 
Philip Tillinghast, 
George Cornell, 



Capt. Benjamin Greene, 
Job Greene, 

Capt. Jeoffrey Champlin, 
Jeremiah Gould. 



RECORDER. 

Richard Ward. 



SHERIFF. 

Mr. Nicholas Lang. 



Newport. 
Lieut. Benj. Coggeshall, 
Ensign John Rogers, 
Lieut. Joseph James, 
Lieut. Joseph Gardner, 
Lieut. Benjamin Bull. 

Providence. 
Major Wm. Hopkins, 
Major Wm. Smith, 
Jonathan Sprague, Jr., 
Lieut. Joseph Mowrey. 

Portsmouth. 
Mr. Wm. Hall, 
Mr. Adam Lawton, 
Mr. George Lawton. 

VOL. IV. 



DEPUTIES. 

Warwick. 
Major Randall Holden, 
Mr. John Wicks, 
Mr. John Rice, 
Mr. Samuel Gorton. 

Kingstown. 
Mr. Wm. Spencer, 
Mr. Rouse Helmes. 

For Jamestown, 
Mr. David Greene. 
Greenwich. 
Mr. John Spencer, 
Mr. Pardon Tillinghast. 



23 



178 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

Major Randall Holden, speaker. 
Mr. William Hall, clerk. 

Be it enacted by this Assembly and by the authority there- 
of it is enacted, that there shall be three troops of horse raised 
within this colony, viz. : one troop to be raised out of the regi- 
ment on the islands ; and two to be raised out of the regiment 
on the main land. Which troops are to be divided, and each 
troop to have their bounds set by the council of war of said 
regiment. And the said three troops are to be raised as fol- 
loweth, viz. : 

Every person that is willing to be a trooper, shall list him- 
self voluntarily, and have no compulsion used to enforce him 
thereto ; and that the major of each regiment, with the advice 
of the Governor, shall list, or order to be listed, so many good 
and able men in each of their regiments as will make up three 
troops of horse, as above said, not exceeding sixty-six men in 
one troop. 

Be it further enacted by the authority aforesaid, that when 
there are thirty men in number in each, or in any one troop, 
within any of the above regiments, then the major shall order 
them to come together and choose by vote, one captain, one 
lieutenant, one cornet and one quartermaster for said troops ; 
and when they are chosen, the major shall return their names 
to the Governor within ten days after such choice ; who is 
hereby empowered to give them commissions under the seal of 
the colony, with as full power as the foot companies have. 

And it is further enacted, that when such officers are com- 
missionated, then every troop of horse shall troop two times in 
one year, and no more, unless the Governor, deputy governor 
or council call them together oftener, or they voluntarily mus- 
ter for their own exercise. 

And for every defect, when lawfully warned unto service^ 
each and every trooper shall pay, as a fine, five shillings in 
money, or equivalent thereto. And if the said trooper or any 
of them, shall refuse or neglect to make their lawful appear- 
ance on an alarm, he or they so refusing or neglecting, shall 



1714.] AND PROVIDENCE PLANTATIONS. 179 

pay the sum of ten shillings for every such defect ; the afore- 
said fines to be taken by a warrant from the captain, and to be 
diposed of as in the foot companies, for the use of the troop 
wherein such fines become due. 

And all persons listing and serving in any of the aforesaid 
troops of horse, are hereby excused from doing any duty in the 
foot companies. 

And it is further enacted by the authority aforesaid, that 
after the number of forty men are listed in each or any one of 
the aforesaid troops, and their officers are commissionated as 
aforesaid, then they have liberty to draw up articles amongst 
themselves how they shall be clothed and accoutred, both with 
horse and arms ; and such articles to be made and agreed on 
by the major part of each troop, and signed by them, shall be, 
and is hereby confirmed to bind and oblige them to obey and 
comply with such articles so made and signed, as if made by 
the Assembly, and confirmed thereby. 

Whereas, several negroes and mulatto slaves that have run 
away from their masters or mistresses, under pretence of being 
sent or employed by their masters or mistresses, upon some 
service, and have been carried over the ferries, out and into 
the colony, and suffered to pass through the several towns un- 
der the aforesaid pretence, to the considerable damage and 
charge of their owners, and many times to the loss of their 
slaves ; — 

Be it therefore enacted by this Assembly, and by the au- 
thority thereof it is enacted, that no ferryman or boatman, 
whatsover, within this colony, shall carry or bring any slave as 
aforesaid, over their ferries, without a certificate under the hands 
of their masters or mistresses, or some person in authority, upon 
the penalty of paying all costs and damages their said masters 
or mistresses shall sustain thereby ; and to pay a fine of twenty 
shillings, for the use of the colony, for each offence, as afore- 
said. The said fine to be recovered by any two justices of the 
peace, upon confession or conviction of the said fact ; and all 
persons in authority, and other His Majesty's subjects in this 
colony knowing of any such slaves traveling through their 



180 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

township wherein they dwell, without a certificate, as afore- 
said, they are hereby required to cause such slave to he exam- 
ined and secured so as the owner may be notified thereof, and 
have his slave again, paying the costs and charges that shall 
accrue thereon. 

The charges of the proclamation of His Royal Majesty, King- 
George, as per accounts exhibited to the Assembly, are allowed 
of, and ordered to be paid out of the general treasury. 

Whereas, there was a return made to this Assembly, of the 
highway laid out by the present sheriff, and a jury by him 
empanneled for the same, from Weybosset bridge, in Provi- 
dence, up to Plainfield, in Connecticut colony, and that the 
same considerably differs from the former way laid out by the 
town of Providence ; — 

Therefore, it is enacted by this Assembly, that both of the 
said highways leading from Weybosset bridge to Plainfield, 
shall both remain, and be kept open, free and clear from all 
obstacles, lets, and hindrances therein, for the ease and benefit 
of all His Majesty's subjects, until the Assembly see sufficient 
grounds to alter the same ; and that the wood and timber that 
stands in the highway, laid out by the sheriff, &c, where it 
runs through Zachary Jones's land, is appropriated to his sole 
use and behalf; and all other persons are forbidden to carry 
away the same. 



1714.] AND PROVIDENCE PLANTATIONS. 181 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, the 2od day of 
February, 1714-15. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Major Randall Holden, speaker. 
Mr. William Hall, clerk. 

We, the subscribers, being a committee, chosen to correct 
the demands for wages by the overseers of the building of 
the three bridges, viz. : Pawtucket, Weybosset and Pawtuxet 
bridges, our opinion is, that Major Jenckes and Peleg Rhodes' 
do not exceed four shillings per diem, for their work and skill 
in that affair ; and that Capt. Crawford and Mr. Power's do not 
exceed three shillings per diem, for their work and trouble. 
And we find overcharged for Peleg Rhodes, his diet. . .£3 12s. 

Major Jenckes, overcharged for work 2 14 

Peleg Rhodes overcharged for work at Pawtucket bridge 4 06 
Capt. Crawford and Nicholas Power overcharged for 

work, at Weybosset bridge, &c 8 10 

Peleg Rhodes, overcharged for work at Pawtuxet bridge 6 03 



£25 05 
JOB GREENE, X 
BENJAMIN GREENE, 
JOHN SPENCER, 
JOHN WICKES. 

This foregoing return is allowed of by this Assembly, and it 
is ordered that the same be complied with by the persons 
therein mentioned. 

Whereas, there hath been three bridges built within this 
colony : the one, over Pawtuxet river, and one, over Weybosset, 
and one, over Pawtucket river; and there having been an act 
of this colony for a brief to pass throughout this govern- 



182 RECORDS OF THE COLONY OF RHODE ISLAND [1714. 

ment for the building of said bridges, and several persons with- 
in said government having subscribed to said brief what they 
were willing to give as a free contribution for the encourage- 
ment of said work, &c., and several persons having not paid 
their contribution according to said subscription, to the great 
damage of the undertakers of said work, &c. — 

Therefore, be it enacted by this Assembly, and the authority 
thereof, that it shall be lawful for each and every the said un- 
dertakers of the said bridges, to commence an action of debt 
against any of the subscribers to said brief which have not al- 
ready paid their subscription, and to be prosecuted as in other 
actions of debt, in forty shilling courts, before two justices of 
the peace ; and in which action there shall be no assoin, nor 
wager of law. 

Whereas, Major James Brown, Mr. Jonathan Nichols and 
Ebenezer Slocum were appointed a committee to hire out the 
ferries belonging to this colony, and Ebenezer Slocum being 
very sick and weak, whereby he is rendered incapable of per- 
forming said office ; therefore, — 

This Assembly do appoint Mr. John Hull to act in concert 
in the said affair, with Major Brown and Mr. Nichols, confirm- 
ing their authority in the said premises, until the Assembly re- 
voke the same. 

And it is further enacted by the authority aforesaid, that the 
recorder shall have ten shillings a copy out of the general 
treasury, for each copy by him sent to each respective town in 
this colony, with the colony's seal affixed thereunto, to 
be performed within twenty days from the dissolution of this 
Assembly. 

Be it further enacted by the authority aforesaid, that all the 
acts of this Assembly be, within ten days from the dissolution 
of this Assembly, published in Newport by beat of drum, with 
the colony's seal affixed thereunto. 

Whereupon this Assembly is dissolved. 

God save the King. 



1715.] 



AND PROVIDENCE PLANTATIONS. 



183 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the od day of 
May, 1715. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Joseph Jenckes, Deputy Governor. 



DEPUTIES. 



Newport. 
Col. Win. Wanton, 
Mr. Robert Gardiner, 
Major James Brown, 
Capt. Benjamin Ellery, 
Lieut. Thomas Weaver, 
Capt. Wm. Coddington. 

Providence. 
Lieut. Andrew Harris, 
Mr. Resolved Waterman, 
Mr. Thomas Steere. 

Portsmouth. 
Mr. William Coggeshall, 
Mr. William Hall, 
Mr. Adam Lawton, 
Mr. Thomas Cornell. 



For Warivick. 
Major Randall Holden, 
Mr. John Wickes, 
Mr. Anthony Low, 
Mr. Moses Lippet. 

For Westerly. 
Mr. Daniel Brown, 
Capt. Joseph Stanton. 

For Neiv Shoreham. 
Capt. Simon Ray. 

For Kingstown. 
Mr. Elisha Cole, 
Mr. Stephen Hazard. 

For East Greenwich. 
Major Thomas Frye, 
Mr. Thomas Spencer. 
For Jamesioivn. 
Mr. David Greene, 
Mr. John Underwood. 



John Goodson, James Sheffield, George Bliss, Nicholas Bar- 
ker, Samuel Carr, Richard Coggeshall, John Franklin, Gideon 
Allen, John Brown, Jr., Abraham Borden, Wm. Borden, Geo. 
Wanton, Peleg Cooke, George Cooke, Leonard Cozzens, Thos. 
Norton, all of Newport, are admitted freemen of this colony. 

William Cory, Samuel Anthony, William Clarke, Peleg 



184 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

Shearman, son of William Shearman, Thomas Earle and John 
Read, all of Portsmouth, are admitted freemen of this colony. 

John Tillinghast, John Nickols, Jr., Thomas Nickols, Jr., 
James Nickols, John Spencer, Jr., Samuel Bennet, Thos. Frye, 
Jr., Robert Vaughan, John Ailsworth, Elisha Johnson, William 
Davis, Jr., Seth Jones, Joseph Sweet and Peter Mowrey, all of 
East Greenwich, are admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the Uh day of 
May, 1715. 

Col. William Wanton, speaker. 
Robert Gardner, clerk. 

Col. Samuel Cranston, Governor, 

Major Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Samuel Clarke, 

Major Nathaniel Coddington, Major Randall Holden, 

Major James Brown, John Wickes, 

Major Thos. Fenner, Capt. JeofTrey Champlin, 

William Coggeshall, Capt. John Eldredge. 

RECORDER. GENERAL ATTORNEY. 

Richard Ward. Capt. Weston Clarke. 

SHERIFF. MAJOR FOR THE ISLANDS. 

Capt. William Coddington. Major Nathaniel Sheffield, 

GENERAL TREASURER. MAJOR FOR THE MAIN. 

Joseph Borden. Job Greene. 



1715.] AND PROVIDENCE PLANTATIONS. 185 

Edward Pelham, of Newport, in the colony of Rhode Island, 
&o, gentleman, appellant from a judgment of a General Court 
of Trials, held at Newport, March the 29th, 1715, John Lan- 
caster, of Newport, aforesaid, shipwright, appellee : — 

The case being duly heard and maturely debated, the decree 
and determination of the Assembly is, that the judgments of 
the General Courts of Trials given against the appellant, be re- 
versed ; and that the now appellee, John Lancaster, pay to the 
said appellant the sum of £6 damages, and costs of all the 
courts which hath been in said case. 

Daniel Ayrault (late of East Greenwich), now of Newport, 
in the colony aforesaid, merchant, appellant, in an action of 
debt, from a judgment of a General Court of Trials, held at 
Newport, March the 29th, 1715, Samuel Davis, of Kingston, 
in the colony, aforesaid, cooper, appellee : — 

The case being duly heard and maturely debated, the sen- 
tence and decree of this Assembly is, that the two former judg- 
ments of the Courts of Trials, given for the now appellee, Sam'l 
Davis, be confirmed ; and that the appellant pay the costs of 
courts in said case. 

The Assembly adjourned to the 13th of June next ensu- 
ing, &c. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport ', the IStk day of 
Jane, 1715. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. Wm. Wanton, speaker. 
Robert Gardner, clerk. 

Whereas, these persons, whose names are here underwritten, 
viz. : Margaret Heandrum, Prudence Hillieux, Magdalen Beau- 
vl. iv. 24 



186 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

champ, Susannah Lausac and Sabina Coclner, being (by reason 
of a war raised by the Indians against the English inhabitants 
of South Carolina), necessitated to leave their habitations, and 
remove from thence into some other English colony, for the 
safety and support of their lives during the continuance of such 
a general calamity ; and they having brought with them some 
Indian slaves into this government, in order to enable them to 
subsist ; and they having, by petition declared their deplorable 
condition to the Assembly, praying them to consider their un- 
happy circumstances, and to remit the duties upon their slaves 
(laid on them by a former act of Assembly), which is forty shil- 
lings per head ; — 

This Assembly, taking the same into their charitable con- 
sideration, do hereby discharge the slaves imported into this 
colony by the afore mentioned persons, from any duty, custom, 
or tax, whatsover ; and also Capt. John Thurber has remitted 
to him (by this Assembly) the duty due to this colony, for his 
importing of slaves into the same. 

Susannah Vaughan, of Newport, widow, having petitioned 
this Assembly, that her negro man, named Joh, might be permit- 
ted to return into this colony ; (who some time since was ban- 
ished this government by the Court of Trials) ; — 

They taking the same into their consideration, ihey do 
hereby allow and authorize the said Susannah Vaughan, to 
bring her said negro man Joh, into this government ; and with 
her to dwell, without paying any fine, or suffering any punish- 
ment therefor. 

Whereas, there was a former act of this colony, allowing out 
of the general treasury twenty shillings per head for every 
wolf killed within this colony, and there being many wolves 
yet remaining in this government, the which very much 
damage daily do amongst the sheep and other creatures in 
this colony ; and this Assembly being willing to prevent the 
same ; — 

Therefore be it enacted by this Assembly and by the au- 
thority thereof it is enacted, that the sum of ten shillings more 
per head be added for every wolf killed in this colony, in the 



1715.] AND PROVIDENCE PLANTATIONS. 187 

whole ; thirty shillings ; and to be paid out of the general treas- 
ury. Any act or acts to the contrary hereof, notwithstanding. 

It is ordered by this Assembly, that Major Sheffield shall 
agree with any person as he shall think fit, to clean the colo- 
ny's arms, that are now in the colony house, in Newport, where 
the said arms are to be kept ; and the charge to be paid out of 
the general treasury. 

This Assembly taking into consideration the ruinous condi- 
tion that His Majesty's jail, in Newport, is in at present (and 
is daily growing worse, unless prevented immediately), where- 
by there is no securing any person who is there committed ; 
the which may prove to the unspeakable loss of creditors ; and 
greatly encourage malefactors. And also, that the house in 
which the keeper lives is not tenantable ; — 

Be it therefore enacted by this Assembly, and it is enacted 
by the authority thereof, that Lieut. Col. John Wanton and Mr. 
John Odlin, be a committee to repair, rebuild, augment, and 
enlarge the house and jail, aforesaid, so as to make it substan- 
tial, and firm, and fit for the use intended, in and by what 
metnod they shall judge most proper. And also build, or cause 
to be built a good and sufficient yard, adjoining and contiguous 
to the prison or jail, aforesaid ; for the better securing all per- 
sons as shall be there committed. The charges of the above 
work to be paid out of the general treasury, upon their draw- 
ing bills for the same. 

This Assembly, taking into consideration the necessity there 
is for this colony to improve an agent in England, to transact 
for this colony all their concerns, which they have beyond seas, 
in Great Britain, &c, and the damage that hath accrued to this 
colony, for want thereof ; — 

Therefore, it is enacted by this Assembly, and the authority 
thereof, that Mr. Bichard Partridge, of London, in Great Brit- 
ain, &c, be improved, as an agent from this colony, to represent 
this colony before the King and council, or otherwise, as the 
affairs of this colony shall require ; and to be allowed for his 
salary, for the performance of what is needful in the premises, 
£10 per annum, during his officiating in the said capacity ; and 
that His Honor, the Governor, hath hereby full power to com- 



188 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

missionate and give instructions as shall be necessary, to the 
said Mr. Partridge, to proceed in said affairs ; and that His 
Honor, the Governor, order a bill or tills of exchange, to be 
bought for the sum of £40. as above said, for the use above said. 
The money for the same to be paid out of the general treasury. 

Whereas, there was an act of Assembly formerly made in 
this colony, allowing the deputy governor of this colony £6 
per annum, for the support of his office, and the same now fall- 
ing far short to answer the end it was at first given for ; — 

Therefore, it is enacted by this Assembly, that Joseph 
Jenckes, Esq., the present deputy governor, shall have for the 
supporting of him in the said post, the sum of £20 for this 
year's service, including the £6 formerly allowed ; to be paid 
out of the general treasury of this colony : but to be no prece- 
dent for the future to any deputy governor. 

Whereas, the keeper of His Majesty's jail, in Newport, made 
complaint to this Assembly, that he had been fined in the re- 
spective company in the which he dwelt, for .not training on their 
training days, the which was impossible for him to do, unless 
the prisoners in his care and custody had been neglected ; — 

Therefore, this Assembly do enact, and it hereby is enacted, 
that the keeper of His Majesty's jail, in Newport, shall be, and 
is hereby freed from doing any duty in the militia, on their four 
training days, as by law established ; and that Ezekiel Bull, 
the keeper of His Majesty's jail for the time being, is hereby 
cleared and discharged from those fines which already he hath 
been charged with, since his being keeper of said jail ; any 
act or acts to the contrary hereof, notwithstanding. 

Whereas, the will of William Carder, late of Warwick, in 
this colony, (who made his will in New London, in the colony 
of Connecticut, and thereby devised his lands in this govern- 
ment, where two witnesses are sufficient for a devise of lands) ? 
was presented to this Assembly by the town council of the 
town of Warwick, for the opinion of this Assembly in reference 
to said will made as aforesaid ; — 

After due consideration of the premises, the opinion of the 
Assembly is, that the said will of William Carder, made by 



1715.] AND PROVIDENCE PLANTATIONS. 189 

him, iii Connecticut, as aforesaid, being proved according to 
their law, is as good and authentic as any other will made in 
that government, that hath but two witnesses thereto; and 
shall accordingly be received in this government. 

It is ordered by this Assembly, that Mr. Stephen Hazard, 
Capt. Joseph Stanton and Mr. Daniel Brown, be paid eighteen 
shillings each, out of the general treasury, for running the line 
(by order of the Assembly) between Eldred's purchase and 
Hall's purchase. 

Whereas, there is a former act of Assembly, in this colony, 
the which act (for the currency of the bills of credit emitted by 
this government,) allowed one shilling upon the pound advance, 
for all rates and taxes, paid into the general treasury ; the 
which, by experience, is found to be a damage to the colony, 
and no benefit to the inhabitants thereof; — 

Therefore, be it enacted by this Assembly, that for the fu- 
ture, all bills of credit emitted forth by this colony, shall be re- 
ceived into the general treasury for no more than the intrinsic 
value thereof, in any rate or tax that shall be levied on this 
colony ; any act or acts to the contrary hereof, in any wise, 
notwithstanding. 

The Assembly adjourned to the 5th day of July next ensu- 
ing, being Tuesday. 



Proceedings of the General Assembly, held for the Colony of Ilhode 
Island and Providence Plantations, at Newport, the hth day of 
July, 1715. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. William Wanton, speaker. 
Robert Gardiner, clerk. 

Whereas, it hath pleased God to suffer the French and In- 
dians, our late enemies, to maintain a long, bloody and expen- 



190 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

sive war, against His Majesty's subjects in these parts of the 
Northern America, in which calamity of war, this colony has 
been no small sharer ; a great part thereof lying exposed to the 
insults and depreciations of the enemy, both by sea and land, 
which to defend, this, His Majesty's colony hath from time to 
time, these many years past, been put to great charge and ex- 
pense ; which, together with the extraordinary advance there- 
of that accrued by Her late Royal Majesty's commands, to as- 
sist in sundry expeditions in order to reduce Port Royal and 
Canada ; the defraying the charge thereof proved so great a 
burden that it hath reduced our cash and other mediums of 
exchange unto a very low ebb, so that there is a sensible decay 
of trade, the farmers thereby discouraged ; tradesmen, husband- 
men, and many others, reduced to great want ; and all sorts of 
business languishing, few having wherewith to pay their ar- 
rears ; and many not wherewithal to sustain their daily wants 
by reason that the silver and gold in the first place to defray 
the incidental and occasional charges, have been exhausted ; and 
those few bills of public credit put forth by this government 
falling far short of discharging the colony's arrears, has left us 
little or no medium of exchange ; — 

And whereas, the annual necessary and unavoidable charge 
of this colony, makes a considerable amount, and that His Maj- 
esty's fort, called Fort Ann, is gone much to decay, and almost 
every thing therein out of repair ; and that all sorts of ammu- 
nition and stores are wanting to furnish the same for defence, 
especially when boding war seems to threaten us ; and that 
His Majesty's jail, in the metropolis of this government also, is 
calling for a speedy and considerable repair and augmentation ; 
and many other public emergencies, which cannot be omitted, 
requiring considerable sums of money, which to effect, there is no 
possibility in view, saving that of emitting public bills of credit 
of His Majesty's colony to accomplish the ends aforesaid, and to 
reduce the arrears thereof unto a balance, always depending on 
our dread sovereign's gracious countenance and toleration there- 
in, unto whose royal commands, this. His Majesty's colony, as 
in duty bound, will at all times readily submit. 



1715.] AND PROVIDENCE PLANTATIONS. 191 

[Here follows the act for emitting £30,000, in public bills 
of credit on the colony, printed in the volume of public laws, 
1719.] 

This Assembly, taking into consideration that Newport is 
the metropolitan town in this colony, and that all the courts of 
judicature within this colony are held there ; and also, that it 
is the chief market town in the government; and that it 
hath very miry streets, especially that leading from the ferry, 
or landing place, up to the colony house, so that the members 
of the courts are very much discommoded therewith, and is a 
great hindrance to the transporting of provisions, &c, in and 
out of the said towns, to the great loss of the inhabitants 
thereof; — 

Therefore, be it enacted by this present Assembly, and by 
the authority thereof it is enacted, that the sum of £289 17s. 
M., now lying in the naval officer's hand, (being duties paid to 
this colony for importing of slaves), shall be, and is hereby 
granted to the town of Newport, towards paving the streets of 
Newport, from the ferry place, up to the colony house, in said 
Newport ; to be improved by their directors, such as they 
shall, at their quarter meetings appoint for the same. 

And whereas, there was an act of Assembly, made at New- 
port, in the year 1701-2, for the better preventing of fraud, 
and coven, in paying the duties for importing of negro and In- 
dian slaves into this colony, and the same being found in some 
clauses deficient, for the effecting of the full intent and purpose 
thereof; — 

Therefore, it is hereby enacted by the authority aforesaid, 
that every master of ship, or vessel, merchant or other person 
or persons, importing or bringing into this colony any negro 
slave or slaves of what age soever, shall enter their number, 
names, and sex in the naval office ; and the master shall insert 
the same in the manifest of his lading, and shall pay to the na- 
val officer in Newport, £3 per head, for the use of this colony, 
for every negro, male or female, so imported, or brought in. 
And every such master, merchant, or other person, refusing or 
neglecting to pay the said duty within ten days after they are 



192 RECORDS OP THE COLONY OP RHODE ISLAND [1715. 

brought ashore in said colony, then the said naval officer, on 
knowledge thereof, shall enter an action and sue [for] the recov- 
ery of the same, against him or them, in an action of debt, in 
any of His Majesty's courts of record, within this colony. 

And if any master of ship or vessel, merchant or others, shall 
refuse or neglect to make entry, as aforesaid, of all negroes im- 
ported in such ship or vessel, or be convicted of not entering 
the full number, such master, merchant, or other person, shall 
forfeit and pay the sum of £6, for every one that he shall re- 
fuse or neglect to make entry, of one moiety thereof to His Maj- 
esty, for and towards the support of the government of this col- 
ony ; and the other moiety to him or them that shall inform or 
sue for the same ; to be recovered by the naval officer in man- 
ner as above said. 

And also, all persons that shall bring any negro or negroes 
into this colony, from any of His Majesty's provinces adjoining, 
shall in like manner enter the number, names and sex, of all 
such negroes, in the above said office, under the penalty of the 
like forfeiture, as above said ; and to be recovered in like man- 
ner by the naA^al officer, and shall pay into the said office with- 
in the time above limited, the like sum of £o per head ; and 
for default of payment, the same to be recovered by the naval 
officer in like manner as aforesaid. 

Provided always, that if any gentleman, who is not a resi- 
dent in this colony, and shall pass through any part thereof, 
with a waiting man or men with him, and doth not reside in 
this colony six months, then such waiting men shall be free 
from the above said duty ; the said gentleman giving his sol- 
emn engagement, that they are not for sale ; any act or acts, 
clause or clauses of acts, to the contrary hereof, in any ways, 
notwithstanding. 

Provided, that none of the clauses in the aforesaid act, shall 
extend to any masters or vessels, who import negroes into this 
colon}r, directly from the coast of Africa. 

And it is further enacted by the authority aforesaid, that the 
money raised by the impost of negroes, as aforesaid, shall be 
disposed of as followeth, viz. : 



1714.] AND PROVIDENCE PLANTATIONS. 193 

The one moiety of the said impost money to be for the use 
of the town of Newport, to be disposed of by the said town 
towards paving the streets of said town, and for no other use 
whatsover, for and during the full time of seven years from the 
publication of this act; and that £60 of said impost money be 
for, and towards the erecting of a substantial bridge over Po- 
towomut river, at or near the house of Ezekiel Hunt, in East 
Greenwich, and to no other use whatsoever. 

And that Major Thomas Frye and Capt. John Eldredge be 
the persons appointed to order and oversee the building of said 
bridge, and to render an account thereof, to the Assembly ; 
and the said Major Frye and Capt. Eldredge to be paid for 
their trouble and pains, out of the remaining part of said im- 
post money ; and the remainder of said impost money to be 
disposed of as the Assembly shall from time to time see fit. 

An Act prohibiting the importation, or bringing into this colo- 
ny any Indian servants or slaves. 

Whereas, divers conspiracies, insurrections, rapes, thefts and 
other execrable crimes, have been lately perpetrated in this, and 
the [adjoining] governments, by Indian slaves, and the increase 
of them in this colony daily discourages the importing of white 
servants from Great Britain, &c, into this colony, which if not 
immediately remedied, may prove very pernicious and destruc- 
tive to this government ; — 

Be it the.efore enacted by this Assembly, and by the au- 
thority thereof it is enacted, that from and after (three months 
next ensuing) the publication of this act, all Indians, male or 
female, of what age soever, imported or brought into this colo- 
ny by sea or land, from any part or place, whatsoever, to be dis- 
posed of, sold or left within this colony, shall be forfeited to His 
Majesty, for, and towards the support of the government; unless 
the person or persons importing or bringing in such Indian or 
Indians, shall give security at the secretary's office, of £50 per 
head, to transport, and carry out the same again, within the 
space of one month next after their coming in, not to be re- 
turned back to this colony. 

VOL. TV. *2o 



194 KECORDS OF THE COLONY OF RHODE ISLAND [1715. 

And every master of ship or other vessel, merchant or per- 
son whatsoever, importing or bringing into this colony, by sea 
or land, any Indian or Indians, male or female, within the space 
of twenty-four hours next after their arrival or coming in, shall 
report, or enter their names, number and sex, and give security 
in the secretary's office,' as aforesaid, on pain of forfeiting to 
His Majesty, for the support of the government, the sum of 
£50 per head ; to be sued for and recovered in any of His 
Majesty's courts of record, by action, bill of complaint, or infor- 
mation. 

And the fee to be paid for such entry and bond, as aforesaid, 
shall be two shillings and sixpence, and no more ; any act or acts, 
clause or clauses of acts, to the contrary hereof, notwithstanding. 

Whereas, complaint Avas made to this Assembly, of the great 
illconveniency that accrues to many, by reason of the two 
highways, that run from Weybosset up to Plainfield ; for that 
they run sometimes in one, and sometimes disjoin a small way 
assunder for a considerable space of ground in length ; and 
cut sundry men's lands in small parcels, to their great detri- 
ment, and is of no advantage to any person ; — 

Be it therefore enacted by this Assembly, that the former 
way laid out by the town of Providence, from Weybosset to 
Plainfield, be shut up by every person through whose land it 
runneth, where it disjoineth from the highway laid out by the 
sheriff and jury, as returned to the Assembly sitting at Provi- 
dence, in October last ; the said highway as laid out by the 
sheriff and jury, to stand and remain free and clear from all 
obstructions, lets or hindrances, whatsoever, to be made or 
done, therein. It being for the ease and conveniency of His 
Majesty's subjects, who have occasion to travel those parts, and 
so to remain, until a more convenient or better road be laid 
out, and accepted of by the Assembly ; any act or acts to the 
contrary hereof, notwithstanding. 

Whereas, the body of laws in this colony, as well as those 
other laws, in force, which have been made since the said body 
of laws, lie in a very disordered condition, and only in the 



1715.] AND PROVIDENCE PLANTATIONS. 195 

hands of some few persons ; so that the generality of the in- 
habitants cannot purchase them without great charge ; — 

For the transcribing thereof, and for the prevention where- 
of, be it enacted by this Assembly and the authority thereof, 
that Major Thomas Frye, and Lieut. Andrew Harris, have full 
power to transcribe, fit and prepare for the press, all the laws 
contained in the aforesaid body of laws ; and also, all other 
laws now in force in this colony ; and to agree with and im- 
prove any other person (as they shall judge needful) to assist, 
carry on and complete the same ; and when completed, to 
present them to the Assembly for their confirmation thereof 
The charges of the whole to be paid out of the general treasu- 
ry, at six shillings per diem, each. 

Whereas, Mr. Weston Clarke, (late recorder), and Mr. Fran- 
cis Pope, (late sheriff, deceased), did, at their own cost and 
charge, build a small room in the colony house, for the use and 
service of the colony, for the keeping of court rolls, and other 
records, necessary for said court ; the which still remains for 
the colony's service ; — 

Therefore, it is ordered by this Assembly, that the said Wes- 
ton Clarke and Col. John Cranston, (for the use of the children 
of the said Francis Pope, deceased) be paid out of the general 
treasury, forty shillings each, for the charge of building said 
room, as is afore expressed. 

This Assembly, taking into their consideration the great 
abuse and clandestine proceedings, and irregular practice, as 
they are credibly informed, hath been acted by sundry loose 
and fractious freemen of said colony, in putting or delivering 
into the hat sometimes two, three or more votes for one officer, 
at the general elections, and other town elections ; — 

Be it therefore enacted by this Assembly (for the preventing 
said clandestine proceedings for the future, at any general elec- 
tion, or other election of officers), that every freeman admitted 
to vote, shall write his name at length on the back side of his 
vote, and all proxy votes shall have the same ; and if any 
vote, upon the reading over, shall be found without the voter's 



196 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

name upon the back thereof, it shall be thrown by, and shall 
not be esteemed of any value. 

And it is further enacted, that if it doth appear that any 
freeman shall put in more than one vote, for any one officer, 
upon conviction thereof, he shall be fined severely, or punished, 
at the discretion of the court or courts, in any such town where 
any such irregular and clandestine action shall be committed, 
not exceeding a fine of £5, or to be whipped on his naked 
back, not exceeding twenty-one stripes, or a month's imprison- 
ment for each offence, in the house of correction. 

And it is further enacted, that if any person, who is not ' a 
freeman of this colony, and shall presume, at any general elec- 
tion, to vote for any officer, and he be convicted thereof, by two 
witnesses, he shall be punished (at any such courts, as afore- 
said) ; and if any person shall vote at any town election of 
town officers, in any town within this government, who is not 
a freeman of said town where he votes, he shall, upon conviction, 
be punished, as aforesaid ; any act or acts to the contrary here- 
of, notwithstanding. 

Whereas, sundry accounts of charges ( that happened by the 
late unhappy action of Jeremiah Meecum) hath been presented 
to this Assembly, by the which accounts considerable is due 
from said Meecum's estate, and no provision as yet being made 
for the disposition thereof; — 

Therefore, it is enacted by this Assembly, that Mr. Nicholas 
Lang, the present vendue master of Newport, do expose the es- 
tate of the said Meecum to sale at public vendue, and with the 
sales thereof to pay the said accounts, as are lawfully payable ; 
and if any overplus remain, the same to render to Major Bliss, 
for the support of the said Meecum's children. 

It is ordered by this Assembly, that the committee appoint- 
ed to draw up the act for making £30,000 and hiring out the 
same, for the use of this colony, viz. : Mr. Nicholas Lang, Capt. 
Job Almy, and Mr. Joseph Borden, be paid out of the general 
treasury for their care and pains taken therein ; Mr. Lang, for- 
ty shillings, Capt. Almy and Mr. Borden, thirty shillings each. 
And also, that Capt. Almy be paid out of the general treasury, 



1715.] AND PROVIDENCE PLANTATIONS. 197 

thirty shillings, which he disbursed for paper for this colony in 
Boston. 

It is ordered, that Mr. Joseph Borden, general treasurer, buy 
two barrels of powder, and one flag, for the use of the fort, on 
Goat Island, to be paid for, out of the general treasury. 

And be it further enacted by this Assembly, and by the au- 
thority thereof it is enacted, that all the acts of this Assembly 
be published in Newport, within ten days from the adjourn- 
ment of this Assembly, by beat of drum ; and that the recorder 
transcribe them into the book, and send a copy of said acts to 
each town in this government ; and to be paid for entering the 
same in the book, and for the copies to the towns, sixteen shil- 
lings each, in money, out of the general treasury. 

And this Assembly is adjourned to the last Wednesday in 
August, 1715. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport : , the 3 1st day of 
August, 1715. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. Wm. Wanton, speaker. 
Robert Gardiner, clerk. 

Whereas, Mr. Augustus Lucas, Paul Collins and William 
Barbut, petitioned this Assembly in behalf of several poor peo- 
ple, that have imported into this colony nine Indian slaves from 
South Carolina, in the sloop Charles, George Wood, master, 
laying before the Assembly that the said slaves are really for 
the support and maintenance of the aforesaid distressed people, 
who are objects of charity, and have been forced by the wars 



198 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

at Carolina, to leave their habitations and come into this colony 
for subsistence ; — 

This Assembly, considering the premises, do remit the duty 
on said slaves imported, as above said, to the owners thereof, 
and they are hereby discharged from paying the duties thereon, 
saving to the naval officer his fees. 

Voted and enacted by this Assembly, and the authority 
thereof, that this Assembly be adjourned to the last Wednes- 
day of this instant September, 1715 ; provided, that the Gov- 
ernor, or deputy governor, in his absence, should not call it 
sooner ; and in case the Assembly be not called sooner, nor 
further notified by the Governor, &c, then this Assembly is to 
dissolve, and determine on said last Wednesday of September ; 
and the members thereof are to govern themselves accordingly. 
And that upon the dissolution thereof, as aforesaid, the recorder 
shall place the orders of this Assembly in the colony book, 
which shall bind and oblige all persons in this government to 
obey the same ; any law, custom or usage to the contrary, not- 
withstanding:. 



Proceedings of the General Assembly, held for the Oolong of Rhode 
Island and Providence Plantations, at Warwick, the 20th dag of 



Col. Samuel Cranston, Governor. 

Lieut. Col. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Major Randall Holclen, 

Major Nath'l Coddington, John Weeks, 

Major James Brown, Capt. John Eldredge. 



Major Thomas Fenner, 



1715.] 



AND PROVIDENCE PLANTATIONS. 



199 



RECORDER. 

Richard Ward. 



SHERIFF. 

Capt. William Coddineton. 



DEPUTIES. 



For Newport. 
Lieut. Col. John Cranston, 
Mr. Robert Gardner, 
Capt. Benjamin Ellery, 
Mr. Stephen- Easton, 
Mr. George Goulding. 

For Providence. 
Major William Hopkins, 
Mr. Philip Tillinghast, 
Mr. Eliezer Arnold, 
Lieut. Andrew Harris. 

For Portsmouth. 
Mr. Daniel Coggeshall. 



For Warwick. 
Mr. Benjamin Barton, 
Capt. Samuel Greene, 
Mr. John Rice, Jr. 

For Westerly, 
Capt. John Babcock, 
Mr. Edward Larkin. 

For Kingstown. 
Capt. Christopher Allen, 
Capt. Daniel Eldredge. 

For Greenwich. 
Mr. Michael Spencer, 
Mr. Joshua Coggeshall. 

For Jamestown. 
Mr. Teddeman Hull. 



Major William Hopkins, speaker. 
Capt. Christopher Allen, clerk. 

John Scott, of Newport, in the colony of Rhode Island and 
Providence Plantations, in New England, house carpenter, appel- 
lant, in an action of the case, damage £27 current money, of New 
England, Thomas Peckham, of said Newport, house carpenter, 
appellee, from a judgment of a General Court of Trials, held at 
Newport, aforesaid, on the first Tuesday of September, 1715. 
The case being duly heard and maturely debated, the judg- 
ment of this Court of Assembly is, that Thomas Peckham's ac- 
count, amounting to £13 19s. Qcl, by reason of sundry errors 
therein be, and it is hereby chancerized down to £11 Ss. 
6d. ; and that the appellant and appellee each pay the one half 
part of the costs of this court. 

Ralph Chapman, shipwright, and Benjamin Norton, mariner 



200 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

both of Newport, in the colony of Rhode Island, &c, appellants 
from a judgment of a General Court of Trials, held at Newport, 
the first Tuesday of September, 1715, in an action of trespass, 
damage £100 current money, of New England, William Rouse, 
of said Newport, blacksmith, appellee. 

The case being duly heard and maturely debated, the judg- 
ment of this Court of Assembly is, that the judgment given for 
the now appellee, against the now appellants, Ralph Chapman 
and Benjamin Norton, at the above said General Court of Trials, 
held at Newport, the first Tuesday in September, 1715, be con- 
firmed, for the now appellee, with the costs of this court. 

The appellants, Ralph Chapman, and Benjamin Norton, de- 
siring an appeal from the judgment of this Court of Assembly, 
to the King and council, this Assembly do grant the same, 
they giving in bond for the prosecuting of their appeal, and 
answering all damages that may accrue thereon, according to 
the laws and customs of this colony. 

His Honor, the Governor, having communicated to the house 
of representatives the measures he had proceeded with, in com- 
missionating (and the instructions given) Mr. Richard Part- 
ridge, to enable him, at this juncture, powerfully to exert him- 
self as agent for this colony, and to use his utmost efforts for 
the excepting this colony out of the bill preferred to the House 
of Commons, for the regulating charter governments, in Ameri- 
ca. The which, by said house, was well approved of, and they 
returned His Honor hearty thanks for his service therein. 

And it is hereby ordered by this Assembly, and the authori- 
ty thereof, that the general treasurer of this colony pay to His 
Honor, the Governor, £10 out of the general treasury, for his 
care and pains taken in the aforesaid premises. 

Capt. Job Almy having petitioned this Assembly, for the 
charges and expense his father, Christopher Almy, was at dur- 
ing the time of his agency in Great Britain, on behalf of this 
colony; — 

The said petition being read and debated, it is ordered by 
this Assembly, that Major Nathaniel Coddington, Capt. Benja- 
min Ellery, Mr. George Goulding and Mr. Weston Clarke, be 



1715.] AND PROVIDENCE PLANTATIONS. 201 

appointed a committee to inspect into the schedules of the for- 
mer acts of Assembly, and into the accounts of the said Job 
Almy, and make their return thereon to this Assembly, at their 
next session. 

Complaint being made to this Assembly, that several persons 
of good estates in this colony, have been refused and hindered 
from taking out their proportionable part of the money made 
by this colony, to be hired out, because their estates did not 
lie in the town wherein they dwelt ; — 

It is therefore ordered by this Assembly, that no person or 
persons be refused their proportionable part of said money (by 
reason they have no estate in the town wherein they dwell), 
they giving sufficient security in any other town in the colo- 
ny ; any act or acts, clause or clauses of acts, to the contrary 
hereof, notwithstanding. 

Whereas, Capt. James Greene, late of Warwick, deceased, 
had the use of £300 of this colony, for service done by him 
for the colony, in Great Britain ; the time of payment of said 
sum being now very near ; — 

It is enacted by this Assembly, and the authority thereof, 
that the said £300, when paid into the general treasury, shall 
be (pursuant to a former act of Assembly) consumed to ashes. 
Whereas, by an act of the General Assembly, made at New- 
port, this present year, 1715, there were £30,000 emitted by 
this colony, in public bills of credit of this colony, wherein it 
was ordered that there should be two thousand and eighty-six 
bills made from five pounds to twenty shillings ; and the number 
of thirty-four thousand and twenty-four bills made from ten shil- 
ling bills to one shilling bills ; which great number of small 
bills are very chargeable in the making, and their constant us- 
age will quickly wear out ; and they will soon want to be 
made over again, which will add charge to charge ; — 

Therefore, be it enacted by this Assembly and the authority 
thereof that one-half part of the number of said small bills be 
not stamped ; and that the value of the said small bills not to 
be printed, be added on the great plates, and there stamped 

VOL. TV. 26 



202 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

off; any clause or clauses of acts to the contrary hereof, not- 
withstanding. 

[Here follows an act for emitting £10,000 in public bills of 
credit on the colony. See public laws, 1719.] 

And be it further enacted by this Assembly and by the au- 
thority thereof it is enacted, that all the acts passed during the 
sessions of this Assembly, be published within the town of 
Newport, at the colony house, under the seal of the colony, by 
beat of drum, within ten days after the adjournment of this As- 
sembly ; and that the recorder place them in the colony's 
book, and send a copy thereof to each town in the colony, un^ 
der the seal of the colony, within twenty days after the Assem- 
bly's adjournment ; and that he be paid out of the general 
treasury six shillings for each copy, and six shillings for enter- 
ing the same on the book ; and this Assembly is adjourned to 
Newport, to the last Wednesday of February next, unless the 
Governor or deputy governor, upon urgent occasion, see cause 
to call the Assembly sooner. 

God save the King. 



"Whereas, the General Assembly of this colony stood ad- 
journed to the last Wednesday of February, 1715-16, and no 
magistrates appearing from the main land, the upper house 
could not- be filled, and the Assembly's sitting fell through. 



1716.] 



AND PROVIDENCE PLANTATIONS. 



203 



Proceedings of the General Assembly, held for the Colony of Iiho de 
Island and Providence Plantations, at Newport, the 1st day of 
May, 1716. 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

The assistants from the several towns. 



DEPUTIES. 



For Neivport. 
Lieut. Col. John Cranston, 
Capt. James Barker, 
Capt. Benjamin Ellery, 
Capt. Job Almy, 
Mr. Samuel Cranston, Jr., 
Mr. George Goulding. 

For Providence. 
Mr. John Arnold, 
Mr. John Burton, 
Mr. Edward Smith, 
Mr. Daniel Abbott. 

For Portsmouth. 
Mr. George Cornell, 
Mr. Thomas Cornell, 
Capt. Win. Arnold, 
Mr. Wm. Hall. 



For Warwick. 
Lieut. Charles Holden, 
Mr. Anthony Low, 
Mr. John Rice, Jr., 
Mr. Moses Lip pit. 

For Westerly. 
Mr. John Hill, 
Mr. George Babcock. 

For Kingstown. 
Mr. Jeremiah Gould, 
Mr. Silas Greenman. 

For Greenwich. 
Mr. Thomas Nichols, 
Mr. Peleg Spenser. 

For Jamestown. 
Capt. Josiah Arnold, 
Mr. Sampson Battey. 



Lieut. Col. John Cranston, speaker. 
Mr. Wm. I. Call, clerk. 



Jahleel Brenton, Jr., Israel Harden, Nicholas Easton, Thos. 
Peckham, Jr., John Bailey, Jr., John Chace, James Chaoo, 



204 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

Thomas Stevens, all of Newport, are admitted freemen of this 
colony. 

John Reynolds, son of Joseph Reynolds, William Eldred, 
Elisha Shearman, Samuel Kinsley, Enoch Kynion, Nicholas 
Gardner, Solomon Carpenter, Francis Willet and Benjamin 
Perryale, of Kingstown, are admitted freemen of this colony. 

George Whitman, Anthony Holden, John Corp, Hezekiah 
Gorton, Wm. Greene, George Westgate, Joseph Arnold, Ran- 
dall Holden, Jr., Philip Arnold, Samuel Stafford, Jr., John 
Rhodes, Jr., John Greene, son of Peter Greene, William Utter, 
Oliver Carpenter, Jr., Stephen Greene, Jas. Greene, son of John 
Greene, and Stephen Scranton, all of Warwick, are admitted free- 
men of this colony. 

Christopher Champlin, John Richmond, Daniel Brown, Chris- 
topher Champlin, Jr., William Davel, Thomas Burdick, George 
Brown, Joseph Stanton, James Babcock, James Babcock, black- 
smith, Wm. Clarke, Jr., Joseph Babcock, Edward Saunders, Oli- 
ver Babcock, Isaac Thompson, Edward Dennison, John Maxon, 
Jr., John Lewis, Peter Parker, George Babcock, John Hill, are 
admitted freemen of this colony. 



1716.] AND PROVIDENCE PLANTATIONS. 205 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the Id day of 
May, 1716. 

The following officers were declared elected, and duly 
engaged. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Samuel Clarke, 

Major Nathaniel Coddington, Major Randall Holden, 

Major James Brown, Mr. John Wicks, 

Major Thos. Fenner, Capt. John Eldredge, 

George Cornell, Mr. Jeremiah Gould. 

RECORDER. GENERAL ATTORNEY. 

Richard Ward. Capt. Weston Clarke. 

SHERIFF. MAJOR FOR THE ISLANDS. 

Capt. William Coddington. Major Nathaniel Sheffield. 

GENERAL TREASURER. MAJOR FOR THE MAIN. 

Joseph Borden. Job Greene. 

Whereas, in the fifteenth year of His Majesty's reign, 
Charles the Second, of blessed memory, there was a charter 
granted to this His Majesty's colony, in which were contained 
many gracious privileges for the encouragement and comfort 
of the inhabitants thereof; amongst them, that of free liberty of 
conscience in religious concernments, being one of the most 
principal ; it being a moral privilege, due to every Christian, as 
by His said Majesty is observed, that true piety, rightly 
grounded upon gospel principles, will give the best and great- 
est security to sovereignty, and will lay in the hearts of men 



206 RECORDS OF THE COLONY OF RHODE ISLAND [1715. 

the strongest obligations to true loyalty ; and this present As- 
sembly being sensible, by long experience, that the aforesaid 
privilege, by the good providence of God having been con- 
tinued to us, has been an outward means of continuing a good 
and amicable agreement amongst the inhabitants of this colony, 
and for the continuation and better support thereof, as well as 
for the timely preventing of any and every church, congrega- 
tion and society of people now inhabiting, or which shall here- 
after inhabit within any part of the jurisdiction of this colony, 
their endeavoring for pre-eminence or superiority of one over the 
other, by making use of the civil power for the enforcing of a 
maintenance for their respective ministers ; — 

Be it enacted by this present Assembly and by the authori- 
ty thereof it is enacted, that what maintenance or salary may 
be thought needful or necessary by any of the churches, con- 
gregations or societies of people now inhabiting, or that hereaf- 
ter may inhabit within any part of this government, for the 
support of their, or either of their minister or ministers, may 
be raised by a free contribution, and no other ways. 

Whereas, there hath been a vote by the great and General 
Court or Assembly, held at Boston, upon Monday, May the 
25th, 1715, now communicated to this Assembly, by which we 
are informed that the said Assembly of the Massachusetts Bay 
have appointed a committee on the part of that province, for 
the running of the line between said province and this govern- 
ment, according to the agreement made at Roxbury, January 
the 19th, 1710, by commissioners for both governments then 
met ; — 

This Assembly, taking the matter into their serious consid- 
eration, and judging it to be a matter of very great conse- 
quence to both governments to have their bounds truly and 
certainly settled, according to said agreement ; — 

Do there (ore nominate, choose and appoint Joseph Jencks, 
Esq., deputy governor, Major Randall Holden, Major Thomas 
Frye, Capt. Samuel Wilkinson and Mr. John Mumford, to be a 
committee on the part of this colony, hereby delegating unto 
them, or to the major part of them, full power to meet and join 



1715.] AND PROVIDENCE PLANTATIONS. 207 

with the aforesaid committee, for the province of the Massachu- 
setts Bay, with them to run the said line, and finally to settle 
the bounds between the said two governments according to the 
above mentioned agreement. And upon the refusal or neglect 
of the committee for the province of the Massachusetts Bay in 
joining with the committee for this government, to proceed 
as aforesaid, then the said committee for this government are 
directed and empowered to proceed and fully to finish the said 
line, and make return to this Assembly at their next sessions^ 
of their proceedings herein ; and that a copy of this act shall be 
full commission to empower the said committee to run the said 
line ; and that they be paid six shillings per diem each for 
every day's services in said premises, and that their expense 
be paid out of the general treasury. 

Whereas, the method and way prescribed by an act of this 
colony, that all freemen of towns and of the colony, upon their 
voting for town and general officers, shall write their names 
upon the back of their votes, hath given great dissatisfaction 
and uneasiness to many of the good people of this colony, who 
deem it a very great hardship to have their names exposed up- 
on such occasions, to the creating of animosity and heart-burn- 
ing of their particular friends, &c. ; — 

This Assembly, taking the matter into consideration, do see 
cause to repeal that act, which obliges the freemen to subscribe 
their names upon the back of their votes ; and the said act is 
hereby repealed. 

And for the orderly voting for the future, for general or 
town officers, &c, be it enacted by this Assembly and authority 
thereof, that the Assembly that annually meets the day before 
the election, to make preparations for the election, shall order 
and appoint the way and manner of voting for general officers 
in the best and most regular method they shall judge most 
proper, to prevent frauds, so as not oblige any to subscribe 
their names to their votes. 

And it is further enacted by the authority aforesaid, that at 
any quarter or town meeting, appointed to elect deputies or 
town officers, in any town in this colony, the moderator, with 



208 RECORDS OP THE COLONY OF RHODE ISLAND [1715. 

the advice of the freemen present, shall prescribe and settle 
such orderly way of voting, as shall then be thought most ex- 
pedient, to prevent frauds, as aforesaid. 

And be it further enacted, that if in case any person at the 
general elections shall be convicted by two witnesses, or by 
confession, of putting or delivering into the hat, or to the receiv- 
ers of votes for that end, more than one vote for one officer, he 
shall be fined by the Governor and council for his contempt, in 
any sum not exceeding £5, or punished by whipping, not ex- 
ceeding forty stripes, or imprisoned or set in the stocks, at the 
discretion of the Governor and council. 

And in case any person shall be convicted of the like crime in 
any quarter or town meeting, as aforesaid, he shall, by order of 
the assistants, justices or wardens, where such crime shall be 
committed, be fined not exceeding forty shillings, or punished by 
whipping, not exceeding twenty-one stripes, or set in the stocks, 
at the discretion of the assistants, &c. ; any act or acts, clause 
or clauses of any act or acts, to the contrary hereof, notwith- 
standing. 

It is further to be understood, that this act has no reference 
to proxy votes, which are to be signed according to former cus- 
tom, &c, viz. : 

To be delivered to the town clerk in a public town meeting, 
with their names written upon the back of their votes ; and 
the votes being received by the town clerk, he is forthwith to 
deliver them to the head officer of the town, to be sealed up in 
a packet, in order for the said officer to deliver them to the 
Governor, or in his absence, to the next superior officer in the 
Assembly, upon the day of election. 

Voted by this Assembly, that the Honorable Jos. Jencks, Esq., 
the present deputy governor of this colony, be allowed out of 
the general treasury £20 for his salary for this year's service. 

Whereas, Capt. John Eldredge and Major Frye, by a former 
act of Assembly, were improved by this colony to build a 
bridge over Reynolds's, alias Hunt's river, in the Narragansett 
country, within this colony, and £Q0 ordered for the same out 
of the impost office on slaves, and the said Capt. Eldredge and 



1716.] AND PROVIDENCE PLANTATIONS. 209 

Major Frye having informed this Assembly that there is not 
money sufficient in the impost office, to answer the work afore- 
said ; — 

Therefore, it is ordered by this Assembly, that the said 
Capt. Eldredge, &c, be paid £20 out of the general treasury, 
to complete the said sum of £60, and to be paid into the gen- 
eral treasury by the naval officer as soon as he receives it. 

It is ordered by this Assembly, that Mr. Nicholas Lang, Mr. 
Nathaniel Nudigate and Richard Ward, be a committee to 
transcribe the laws of this colony in a regular form, fit for the 
press, and to take the Governor's advice in all points of diffi- 
culty ; and upon completing thereof, to be rewarded for their 
service out of the general treasury, to their content, as the 
Governor and council shall think reasonable. 

It is ordered by this Assembly, that the acts of this Assem- 
bly be compiled in a body, and published in the town of New- 
port, by beat of drum, under the colony seal, on the 10th day 
of this instant May. 

And this Assembly is adjourned to the 19th day of June 
next ensuing. 

God save the Kins;. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the \Wi day of 
June, 1716. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Lieut. Col. John Cranston, Jr., speaker. 
Mr. William I. Call, clerk. 

It is ordered by this Assembly, that the duty of two sucking 
slaves imported into this colony by Col. James Vaughan, of 
Barbadoes, be remitted to the said James Vaughan. 

vl. iv. 27 



210 RECORDS OP THE COLONY OF RHODE ISLAND [1716. 

Whereas, John and Jeremiah Smith, owners of a tract of 
land lying between Pettaquamscut river and Narragansett Bay, 
have freely laid out and given a highway of four rods wide, to 
the King and country, across Boston Neck, from the said river, 
down to the ferry on said bay, as is decyphered in a plat by them 
presented to this Assembly ; and this Assembly approving of 
the said highway, as very commodious and convenient for trav- 
ellers passing from ferry to ferry, do accept of said gift, and at 
the request of the said John and Jeremiah Smith, — 

Do enact, and it is hereby enacted, that the said road or 
way, shall be for ever hereafter a stated and public road, or 
open highway, for His Majesty's subjects to pass and repass in 
with their carts, wagons or carriages, upon any occasion, what- 
soever, without any let, hindrance or molestation whatsoever ; 
and that the plat or draught of said highway presented to this 
Assembly, be placed upon the public record of this colony. 

Whereas, there is an act of Assembly, passed in this colony, 
on the 26th of October, 1715, making public bills of credit of 
this colony, to be lawful pay, on tendering the same for all 
bonds and specialties, which hath already, and will make great 
strife and contention between the inhabitants of this colony; — 

For the preventing whereof, be it enacted by this Assembly 
and by the authority thereof it is enacted, that the said act 
shall be construed, deemed and taken to extend to no other 
bonds and specialties than what mention current passable bills 
of credit of this colony, or of any of the governments of New 
England ; any act to the contrary hereof, notwithstanding. 

Whereas, Mr. Nathaniel Brown, Capt. William Crawford and 
Sylvanus Scot, of Providence, have petitioned this Assembly 
for liberty to make and dry fish on a small island, lying south 
of Providence, called Starve Goat Island, the which petition 
being duly considered ; — 

It is ordered by this Assembly, that the said petitioners 
shall have liberty to use and improve so much of said island 
as shall be needful and necessary for their making, drying and 
securing of fish on said island, during their following the trade 
pf fishery. 



171G.] AND PROVIDENCE PLANTATIONS. 211 

It is ordered by this Assembly, that His Honor, the Govern- 
or, and Richard Ward, be a committee to revise the whole body 
of laws relating to the militia, both for the choice of officers, 
and regulating the gathering of fines, &c, and make return 
thereof, to the next Assembly. 

It is ordered by this Assembly and the authority thereof, 
that the grand committee that made this colony's bills of credit, 
change the sum of £2000, for old bills of credit of this colony, 
in order to be sunk at the next General Assembly, to be held 
for this colony, if the Assembly shall so think fit. 

It is ordered by this Assembly, that £6, out of the general 
treasury, be lodged in the hands of Mr. John Burton, of Provi- 
dence, for the use of Peter Pomsha, Indian, to supply the said 
Peter with necessaries, as meal, grain, &c, as he shall have 
need. 

Complaint being made to this Assembly, that Ninegret, sa- 
chem, has been much wronged by several persons, that have 
hired land &c, of said sachem, contrary to the acts of Assem- 
bly in this colony, made and provided on behalf of said 
sachem ; — 

For the prevention whereof, it is ordered by this Assembly, 
that Mr. John Hill and Mr. George Babcock, of Westerly, 
make inspection into said affair, and make return of such as 
they find guilty thereof, to the next Assembly. 

It is ordered by this Assembly, that the highway that runs 
from Weybosset, in Providence, through this colony, to Plain- 
field, in Connecticut colony, be, and it is hereby made a per- 
petual highway, for the use,, benefit and ease of all His Majes- 
ty's subjects, to pass and repass in without let, hindrance or 
molestation of any person, whatsoever ; the said highway being 
stated according to the return of the sheriff and jury who laid 
out the same. 

Be it enacted by this Assembly, and by the authority there- 
of it is enacted, that all the acts of this Assembly be published 
in the town of Newport, under the seal of the colony, by beat 
of drum ; and that all the acts of Assembly passed in May last, 
and at this session, be entered in the colony book, by the re- 



212 RECORDS OF THE COLONY OF RHODE ISLAND [1716. 

corder, and a copy thereof, to be sent to each town in the colo- 
ny, as soon as conveniently may be, under the colony's seal ; 
and the recorder to be paid out of the general treasury ten 
shillings for entering the same, and ten shillings for each copy ; 
and this Assembly be adjourned to the last Tuesday of August 
next, if the Governor, or in his absence, the deputy governor, 
shall then call them together. Otherwise, this Assembly then 
to be dissolved. 
God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Providence, the 31st day 
of October, 1716. 

Col. Samuel Cranston, Governor. 

Lieut. Col. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Major Nath'l Coddington, Major Randall Holden, 

Major James Brown, Mr. John Weekes, 

Major Thomas Fenner, Capt. John Eldredge. 
Mr. Samuel Clarke, 

RECORDER. SHERIFF. 

Richard Ward. Capt. William Coddington. 

DEPUTIES. 

For Newport. For Providence. 

Col. Wm. Wanton, Mr. Joseph Whipple, 

Capt. Benjamin Ellery, Mr. Edward Smith, 

Mr. George Goulding, Capt. Samuel Wilkinson, 

Mr. Samuel Cranston, Jr. Major Wm. Smith. 



1716.] AND PROVIDENCE PLANTATIONS. 213 



DEPUTIES. 

For Portsmouth. For Kingstown. 

Mr. Gideon Freeborne, Jr., Capt. Christopher Allen, 

Mr. Thos. Hicks. Mr. Silas Greenman. 

For Warwick. For East Greenwich. 

Major Job Greene, Mr. Pardon Tillinghast. 

Capt. Benjamin Greene, Mr. Joseph Weaver. 
Capt. John Waterman. For Jamestown. 

For Westerly, Mr. David Greene. 
Capt. James Babcock. 

Col. Win. Wanton, speaker. 
Mr. Samuel Cranston, clerk. 

Whereas, Major Thomas Frye and Capt. John Eldredge had 
£60 ordered them, out of the impost office, to build a bridge 
over Reynold's river, in the Narragansett country, and they 
having finished the same, exhibted their accounts before this 
Assembly, by which there is due to the colony £10 14s. Qd. ; — 

Therefore, it is ordered by this Assembly, that the said Maj. 
Frye and Capt. Eldredge pay the above said balance (due to 
the colony) into the general treasury. 

Whereas, Mr. Richard Partridge, the agent for this colony 
in Great Britain, has sent over his account of disbursements for 
this colony, the which has been presented to this Assembly, 
and by them approved of; by which account this colony is in 
debt to said agent the sum of £45 8s. 6d. ; — 

Therefore, it is ordered by this Assembly, that Col. William 
Wanton and Capt. Benjamin Ellery buy bills of exchange for 
£100, and those bills, when bought, to be delivered to His 
Honor, the Governor, by him to be sent home to our said 
agent ; £40, for his salary for the ensuing year, and £60, to 
reimburse our said agent the charge he has already been at, and 
the charges that shall accrue to this colony ; and the general 
treasurer is hereby ordered to pay out of the general treasury, 



214 RECORDS OF THE COLONY OF RHODE ISLAND [1716. 

such sum or sums as shall be requisite (to said Col. Wanton 
and Capt. Ellery) to purchase such bills, as aforesaid. 

And be it further enacted by this Assembly, and by the au- 
thority thereof, it is hereby enacted, that all the acts of this 
Assembly be published in the town of Newport, by beat of 
drum, under the colony's seal, within ten days after this As- 
sembly is dissolved ; and that they be recorded in the colony's 
book, and a copy thereof, under the seal of the colony, to be 
sent to each town in the colony, by the last of March next. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Providence, the 
3d day of November. 1716. 

Col. Samuel Cranston, Governor, 
Richard Ward, recorder. 
Col. William Wanton, speaker. 
Mr. Samuel Cranston, Jr., clerk. 

Gabriel Bernon, having exhibited a petition before this As- 
senibty, wherein were divers foul charges against Capt. John 
Eldredge, an assistant of this colony ; and the matter being 
duly debated, the said Capt. John Eldredge was deemed inno- 
cent of the slanders ; and also, willing, upon the acknowledge- 
ment of said Bernon, to require no other satisfaction ; 

The Assembly do order the said Gabriel Bernon to sign two 
acknowledgements ; the one, for his causelessly charging Capt. 
Eldredge, and the other for contemptuously and disorderly be- 
having himself before the said Assembly ; the which, are as 
follows : — 

I, Gabriel Bernon, do hereby acknowledge myself to have 
causelessly charged Capt. John Eldredge, a magistrate of this 



1717.] AND PROVIDENCE PLANTATIONS. 215 

colony, iii my petition, presented before this Assembly ; and 
that I am heartily sorry for the same, and desire him to forgive 
me my fault in so doing ; and I acknowledge it as a great fa- 
vor, and do promise to remain mindful and thankful of his 
kindness therein. GABRIEL BERNON. 

November 2d, 1716. 

Whereas, I, Gabriel Bernon, did, in a contemptuous and dis- 
orderly manner, before the Honorable Assembly, sitting the 
3d of November, at Providence, misbehave myself, both by 
words and actions, I do beg Your Honors' pardon for the same, 
and acknowledge Your Honors' favor to me, in forgiving and 
in being so favorable to me ; and I shall ever pray. 

GABRIEL BERNON. 

Registered per order, RICHARD WARD, Recorder. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the 30//^ day of 
April, 1717. 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

Assistants of the several towns. 

DEPUTIES. 

For Neivport. Lieut. Wm. Peckhain, 

Jahleel Brenton, Mr. James Barker, Jr. 

Col. Wm. Wanton, Lieut. Col. John Cranston. 
Capt. Job Almy, 



21G 



RECORDS OF THE COLONY OP RHODE ISLAND 



[1717. 





DEPUTIES. 


For Providence. 


For Westerly. 


Mr. Joseph Whipple, 


Capt. John Babcock, 


Capt. Wm. Crawford, 


For New Shoreham. 


Mr. Edward Smith, 


Capt. Thomas Rathbone. 


Mr. Daniel Abbott. 


For Kingstown. 


For Portsmouth. 


Mr. Elisha Cole, 


Mr. Thomas Cornell. 


Mr. Bouse Helme. 


Mr. Giles Slocum, 


For East Greenwich. 


Mr. William Anthony, 


Mr. John Nichols, 


Mr. William Hall. 


Mr. Thomas Mattison. 


For Wanvick. 


For Jamestown. 


Capt. Benj. Greene, 


Mr. John Underwood, 


Mr. Benjamin Barton, 


Mr. Dayid Greene. 


Major Job Greene. 





Col. William Wanton, speaker. 
Mr. William Hall, clerk. 



Robert Barker, John Almy, John Pococke, William Wanton, 
Jr., John Record, Robert Taylor, Stephen Bailey, John Lang- 
ford and Richard Guthridge, of Newport, are admitted freemen 
of this colony. 

Stephen Brownell, John Earle, Jr., Shadrach Keese, Daniel 
Howland, Wm. Arnold, Jr., Wm. Earle, James Strange, John 
Albro, Jr., Benjamin Brayton, Jeremiah Lawton, Jr., Wm. Law- 
ton and Albro Anthony, of Portsmouth, are admitted freemen 
of this colony. 

William Battey and Daniel Weeden, of Jamestown, are ad- 
mitted freemen of this colony. 

Thomas Hazard and Stephen Hazard (sons of Thos. Hazard), 
of Kingstown, are admitted freemen of this colony. 

James Hazleton, Wm. Bennet, Jr., John Manchester, Henry 
Reynolds and William Spencer, of East Greenwich, are admit- 
ted freemen of this colony. 



1717.] AND PROVIDENCE PLANTATIONS. 217 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 1st day of 
May, 1717. 

The following officers were declared elected, and duly 
engaged. 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Mr. William Anthony, 

Major Nathaniel Coddington, Major Randall Holden, 

Major James Brown, Mr. John Wickes, 

Major Thomas Fenner, Capt. John Eldredge, 

Mr. Gideon Freelove, Jr., Mr. Rouse Helme. 

RECORDER. GENERAL ATTORNEY. 

Richard Ward. Weston Clarke. 

SHERIFF. MAJOR OF THE ISLAND. 

Capt. William Coddington. Capt. William Coddington. 

GENERAL TREASURER. MAJOR OF THE MAIN LAND. 

Mr. Joseph Borden. Major Job Greene. 

Thomas Hazard, of Kingstown, in the colony of Rhode Island, 
&c, yeoman, appellant, in an action of trespass, from a judg- 
ment of a General Court of Trials, held at Newport, within and 
for the colony, above said, on the last Tuesday of March, 1717, 
George Mumford, of said Kingstown, yeoman, appellee ; — 

The case being duly heard, the judgment and decree of this 
Court of Assembly, is, that the judgment be confirmed, without 
any reference to the title of the land. 

Whereas, Joseph Jenckes, Esq., deputy governor. Major 

VOL. TV. 28 



218 RECORDS OF THE COLONY OF RHODE ISLAND [1717. 

Randall Holden, Major Thomas Frye, Capt. Samuel Wilkinson 
and Mr. John Mumford, were at a General Court of Assembly 
of this colony, held at Newport, the first Wednesday of May, 
1716, nominated and appointed a committee on the part of this 
colony, to run and settle the dividing line between this colony 
and the Massachusetts Bay ; and this Assembly reposing espe- 
cial faith and trust in the said committee, in their negotiating 
and settling said line ; — 

Therefore, it is hereby enacted by this Assembly, that the 
said Joseph Jenckes, Randall Holden, Thomas Frye, Samuel 
Wilkinson and John Mumford, be, and they hereby are con- 
tinued a committee, to perform, do and finish said service ; and 
they are hereby fully empowered and authorized to proceed on, 
settle and finish with the Massachusetts commissioners (and if 
they refuse or neglect, then without them) the dividing line 
between the said colonies, according to the agreement made at 
Roxbury, January the 19th, 1710. 

Whereas. His Honor, the Governor, has acquainted this As- 
sembly, that His Excellency, the Governor of Boston, will come 
into this colony ; — 

For the reception of whom, it is ordered by this Assembly, 
that His Honor, the Governor, entertain him at his discretion, 
and the charge to be paid out of the general treasury. 

Whereas, Col. William Wanton and Capt. Benjamin Ellery 
were appointed to procure bills of exchange for £100, to be 
sent to our agent in Great Britain, and they having informed 
this Assembly that such bills cannot be procured ; but that 
silver money may be had ; — 

Therefore, this Assembly do order and appoint the said Col. 
Wanton and Capt. Ellery, such sum or sums of silver money as 
shall be necessary to accomplish said affair, and the same to 
deliver to the Governor, and by him to be sent to our agent, as 
aforesaid. 

The Assembly is adjourned to the 18th of June, 1717. 



1717.] AND PROVIDENCE PLANTATIONS. 219 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the \Wi day of 
June, 1717. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 

The accounts of Lieut. Col. John Wanton and Mr. John Od- 
lin, of the charge for the building the jail, amounting to £426 
195. hd., is allowed by tins Assembly ; and the said John Wan- 
ton and John Odlin are allowed £o each, out of the general 
treasury, for their service therein. 

[Here follows " an act for the explanation and further enlarge- 
ment of an act passed by the General Assembly of the colony, 
begun and held at Newport, by adjournment, the 27th day of 
February, 1701-2, for the granting of administration to the 
wives of persons three years absent, and not heard from." See 
public laws, 1719.] 

Will Davel, Indian, is ordered and allowed £3, out of the 
general treasury, for the loss of one of his eyes in the colony's 
service. 

An Act for the relief of Thomas Durfey, of Portsmouth, by or- 
dering him a sufficient highway to his farm, at a place com- 
monly called Common Fence Point, in said Portsmouth. 
Whereas, the said Thomas Durfey, by his petition to this 
General Assembly, held at Newport, in the colony of Rhode 
Island and Providence Plantations, by adjournment to the 18th 
of June, in the third year of His Majesty's reign, Anno Domini 
1717, hath set forth in his said petition, that he, the said Thos. 
Durfey, had made application to the committee of the town of 
Portsmouth, aforesaid, lawfully empowered to lay out highways 



220 RECORDS OF THE COLONY OF RHODE ISLAND [1717. 

in the said town, in the late undivided lands, to lay out to him, 
said Thomas Durfey, a good and sufficient highway to his farm, 
at a place commonly called Common Fence Point, lying in 
Portsmouth, aforesaid; but that he had not been able to obtain 
a good and suitable highway, for cart or horse ; — 

Be it therefore enacted by this General Assembly, and by 
the authority thereof, that the said committee of the town of 
Portsmouth, shall, within one month's time after this 21st of 
this present month of June, lay out to the aforesaid farm, 
commonly called Common Fence Point, a good, lawful and pas- 
sable highway, fit for horse and carts to pass and repass to and 
from the said farm. 

And if the said committee shall neglect to lay out such 
highway, in such time as is above ordered, that then it is here- 
by ordered and enacted, that the town council of the town of 
Portsmouth, aforesaid, shall lay out or cause to be laid out, a 
good, lawful and passable highway, fit for horse and carts to 
pass and repass to and from said farm, within one month's time 
after the expiration of the aforesaid month ; and the charges 
of the laying out of the aforesaid highway by the said town 
council, shall be paid by the said committee ; to be recovered 
by the town council of, or against the said committee, by action 
of debt. 

And if the said committee in laying out the aforesaid highway, 
cannot lay out such a highway, as aforesaid, without laying it, 
or a part thereof, through particular persons' lands ; and if the 
said committee and the owners of such lands through which 
the said highway shall be laid out, cannot agree on the price, 
or value thereof, that the town council aforesaid, shall empan- 
nel a jury to value the said land, according to the laws of this 
colony in that case made and provided. 

An Act enabling and appointing overseers to lease out the 
lands of Ninegret, the sachem, in the Narragansett country. 
Whereas, Ninegret, the sachem of Narragansett lands in the 

colony of Rhode Island, &c, hath petitioned this Assembly to 



1717.] AND PKOVIDENCE PLANTATIONS. 221 

appoint three overseers, to oversee and rent out his lands, to 
prevent his being defrauded therein, and has also desired this 
Assembly to dispossess all those that shall refuse to hire of his 
overseers as. shall be appointed by the Governor and company 
of said colony, for the time being ; and also, in case he hath 
need to sell any lands, that he may be, by the said Governor 
and company for the time being, assisted therein. For the 
complying with said petition, and for the better securing of 
the said sachem's lands and profits, — 

Be it therefore enacted by this Assembly, and by the au- 
thority thereof it is enacted, that Col. William Wanton, of 
Newport, Major Thomas Frye, of East Greenwich and Capt. Jo- 
seph Stanton, of Westerly, be, and they hereby are appointed 
overseers to oversee and lease out said sachem's lands, as shall 
to them seem most conducive for the said sachem's interest ; 
empowering them, and they or any two of them, are hereby em- 
powered to dispossess all and every person that now is, or here- 
after shall be in possession of any said sachem's lands, and shall 
refuse to agree, comply and hire said lands at such rents and 
services as by them, or major part of them, shall be found 
most beneficial for said sachem's interest ; they not granting 
any lease for any longer term than seven years ; and the said 
sachem to pay the said charge thereof. 

It is ordered by this Assembly, that Ninegret, sachem, have 
£10 lent him out of the general treasury, for two years ; and 
1hen to be paid by said Ninegret into the general treasury out 
of the rents of his lands. 

And it is further enacted by this Assembly, and by the au- 
thority thereof be it enacted, that Jahleel Brenton, Esq., and 
the recorder, draw up the acts of Assembly in form, and that 
they be published in Newport, according to custom, within fif- 
teen days after the adjournment of this Assembly ; and that 
the recorder enter them in the colony's book, and send a copy 
thereof, under the seal of the colony, to each town in the colo- 
ny, as soon as conveniently may be ; aiid the recorder to be 
paid out of the general treasury, nine shillings for each copy, 
and nine shillings for entering them in the colony's book ; and 



222 RECORDS OF THE COLONY OF RHODE ISLAND [1717. 

this Assembly is adjourned to Newport, to the second Tuesday 
of September next ensuing (unless the Governor or deputy 
governor shall call them together sooner), if the small pox shall 
then abate, but if not, then this Assembly shall be dissolved. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the sec- 
ond Tuesday of September, 1717. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 

The Assembly being called according to adjournment, and 
there not being a sufficient number of deputies, it is the opin- 
ion of this Assembly, that all matters referred to this Assem- 
bly, be continued to the next Assembly ; and they are accord- 
ingly continued thereto, and this Assembly is dissolved. 



1717.] 



AND PROVIDENCE PLANTATIONS. 



223 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Wanvick, the last 
Wednesday of October, 1717. 

(Present.) 

Col. Samuel Cranston, Governor. 

Lieut. Col. Joseph Jenckes, Deputy Governor. 



ASSISTANTS. 



Lieut. Col. John Wanton, 
Major James Brown, 
Major Thos. Fenner, 
Mr. Gideon Freeborne, 
Mr. William Anthony, 



Major Randall Holden, 
Mr. John Wickes. 

RECORDER. 

Richard Ward. 



For Neivport. 
Col. Wm. Wanton, 
Capt. Job Almy, 
Capt. Edward Thurston. 
Mr. George Goulding, 
Mr. Joseph Whipple. 

For Providence. 
Lieut. William Harris, 
Mr. James Dexter. 

For Portsmouth. 
Mr. George Cornell, 
Mr. Thomas Hicks, 
Mr. Wm. Hall. 



DEPUTIES. 

For Wanvick. 
Major Job Greene, 
Capt. Benj. Greene, 
Capt. Samuel Greene, 
Mr. Peter Greene. 

For Westerly. 
Mr. William Wilkinson. 

For Kingstown. 
Mr. Elisha Cole, 
Mr. Wm. Brown. 

For East Greenwich. 
Major Thos. Fry, 
Mr. John Spencer. 

For Jamestown. 
Mr. Teddeman Hull, 
Mr. Benedict Arnold, 



224 RECORDS OF THE COLONY OF RHODE ISLAND [1717. 

Major Thomas Frye, speaker. 
Mr. Teddeman Hull, clerk. 



Both houses resolved into a grand committee. 

Peter Ford, of the parish of St. Mary Magdalen, Bermond- 
sey, in the county of Surrey, in the kingdom of Great Britain, 
merchant, appellant, Daniel Hodgson, of Newport, in the colo- 
ny of Rhode Island, &c, mariner, appellee, from a judgment of 
a General Court of Trials, held at Newport, within and for the 
colony, aforesaid, on the first Tuesday of September, 1717 ; — 

The reasons and allegations of both appellant and appellee, 
being duly heard and considered, the determination and decree 
of this Court of Assembly is, that the judgment of the General 
Court of Trials, held in September last, and rendered for the 
now appellee, be confirmed, with costs of this court. 

The appellant, Ford, by his attorney, praying an appeal to 
His Majesty and council, in Great Britain, this Assembly do 
grant said appeal, said attorney giving in bond of £'300, to 
prosecute his said appeal, and pay costs, if cast ; and the said 
Daniel Hodgson is hereby ordered and required to give to the 
said Peter Ford, £1000 bond, with security, within ten days 
after the adjournment of this Assembly, to stand to, abide and 
perform the decree of His Majesty in council, on said appeal, 
if any there be ; and the costs in the recorder's office to be 
regulated according to the custom of this colony. 

Christopher Champlin, of Westerly, yeoman, and Benjamin 
Perry, of Kingstown, weaver, both of the colony, above said, ap- 
pellants, Mary Robinson, widow, and William Robinson, yeo- 
man, both of Kingstown, aforesaid, appellees, from a judgment 
of a General Court of Trials, held at Newport, within and for 
the colony, above said, on the first Tuesday of September, 1717, 
in an action of debt, for money due by bond ; damage £46, 
current money of New England ; — 

The reasons and allegations of both appellants and appellees 
being duly heard and maturely considered, the decree of this 
Assembly is, that the judgment of the General Court of Trials 



1717.] AND PROVIDENCE PLANTATIONS. 225 

held the first Tuesday of September last past, and rendered for 
the now appellees, be confirmed, with the costs of this court. 

Whereas, John Smith and Jeremiah Smith, proprietors of a 
certain tract of land, reaching from Pettaquamscutt river to 
the ferry, at Westquage, have given to the country a high- 
way, from Pettaquamscutt river to the aforesaid ferry, at 
Westquage, as per plat on record (laid out), and they not 
having conveniencies for the immediate fencing of it out, and 
having petitioned this Assembly for some time to be granted 
them for the doing thereof; — 

Therefore, it is ordered by this Assembly, that the said John 
and Jeremiah Smith make convenient gates, and keep them 
well hung, fit for the passing of carts, horse and foot, until fur- 
ther order of the Assembly. 

[Here follows " an act for the explaining of an act granting 
rehearing from one General Court of Trials to another, and for 
the better support and defraying the charge of the judges in 
such cases." See public laws of the colony, 1719.] 

It is ordered by this Assembly, that the naval officer pay 
out of the impost money on slaves, £100, to the overseer that 
oversees the paving of the streets of Newport, to be improved 
for paying the charges of paving said streets. 

Whereas, by a former act of Assembly of this colony, there 
was given, out of the general treasury thirty shillings 
per head for every wolf killed in this colony; and the 
wolves yet abounding, to the unspeakable damage of the in- 
habitants hereof; — 

For the prevention whereof, be it therefore enacted by this 
Assembly, and by the authority thereof it is enacted, that from 
and after the publication hereof, there shall be £5 paid out of 
the general treasury for every wolf killed in this colony, to he 
or the}', that shall kill the same ; they proving the same, as 
by the afore recited act is rquired. 

Whereas, the laws of this colony, lie chiefly in schedules, and 
are very imperfectly drawn, and in the hands of very few per- 
sons, so that the major part of the inhabitants are not in a ca- 
pacity to know the laws that are extant ; — 

vol. iv. 29 



226 RECORDS OP THE COLONY OP RHODE ISLAM) [171 8, 

Fur the regulating whereof, and in order that the same be 
printed, it is enacted by this General Court of Assembly, that 
the Honorable Joseph Jencks, deputy governor, Major Thomas 
Frye, Mr. Nathaniel Nudigate and Richard Ward, be, and they 
hereby are a committee fully empowered and authorized to re- 
vise, correct, transcribe and fit for the press, all the laws of this 
colony now in force, as well those in schedules as those in the 
abstracts ; and that they appoint time and place for their con- 
veniency in performing said affair ; and they, or the major part 
of them, to proceed and finish the same; and if difficulties 
arise, to take His Honor, the Governor's advice therein ; and 
the said committee to be paid out of the general treasury ten 
shillings per diem each, for every day's service in the said 
premises. 

God save King George. 



Proceedings of the General Assembly, held for the Colony of JRhode 
Island and Providence Plantations, at Newport, the 1st day of 
May, 1718. 

(Present.) 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

And assistants. 

DEPUTIES. 

For Neivport. For Providence. 

Col. William Wanton, Mr. Jonathan Sprague, Jr., 

Capt. Job Almy, Capt. Thomas Harris, 

Capt. Jonathan Nichols, Mr. Daniel Abbott, 

Mr. Joseph Whipple, Mr. Joseph Brown. 
Mr. Henry Tew, 
Mr. George Gouldino;. 



1718.] 



AND PROVIDENCE PLANTATIONS. 



227 



For Portsmouth. 
Mr. George Cornell, 
Mr. Thomas Cornell, 
Capt. George Lawton, 
Mr. Giles Stocurn. 

For Warwick. 
Major Job Greene, 
Capt. Benjamin Greene, 
Capt. John Waterman, 
Lieut. Anthonv Low. 



deputies. 

For Westerly. 
Capt. John Babcock, 
Mr. Thomas Hiscox. 
For Xingstoivih 
Mr. Elisha Cole, 
Mr. John Watson, Jr. 

For East Greeniuich. 
Major Thomas Frye. 
For Jamestoivn. 
Air. liichard Tew, 
Mr. Edward Carr. 



Col. William Wanton, speaker. 
Major Thomas Frye, clerk. 

Mr. George Piggott, Ebenezer Davenport, Benjamin James, 
Daniel Dunham, Valentine Sweet, Thomas Scranton, Philip 
Smith, Daniel Gould, John Coggeshall, Jr., Peter Barker, son 
of William Barker, Peter Barker, son of Joseph Barker, Cuth- 
bert Canrpbell, Samuel Haydon, John Greene, Othniel Tripp, 
Gideon Wanton, Simon Pease, William Sanford, James Gould, 
and Isbon Sanford, all of Newport, are admitted freemen of this 
colony. 

Mr. Robert Lawton and Pvobert Estis, both of Portsmouth, 
are admitted freemen of this colony. 

Air. Charles Holding, John Rice, son of John Rice, Jr., Bar- 
low Greene, Joseph Rhodes, Josiah Arnold, Daniel Remington, 
Joseph Stafford, John Remington, William Greene, son of Sam- 
uel Greene and John Warner, Jr., all of Warwick, are admitted 
freemen of this colony. 

Mr. Nathaniel Gardner, Robert Eldred, Thomas Willett, 
Henry Gardner, Ephraim Gardner, Stephen Shearman, Thomas 
Philips, Thomas Eldred, Jr. and Thomas Bentley, all of Kings- 
town, are admitted freemen of this colony. 



228 RECORDS OF THE COLONY OF RHODE ISLAND [1718. 

Mr. Beriah Goddard and Thomas Carr, both of Jamestown, 
are admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the 2d day of 
May, 1718. 

The following officers were declared elected, and duly 
engaged. 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Mr. William Anthony, 

Capt. Jonathan Nichols, Major Randall Holden, 

Major James Brown, Mr. John Wickes, 

Mr. Arthur Fenner, Mr. Stephen Hazard, 

Mr. Thomas Cornell, Mr. Elisha Cole. 

RECORDER. GENERAL ATTORNEY. 

Richard Ward. Mr. Weston Clarke. 

SHERIFF. MAJOR FOR THE ISLANDS. 

Major William Coddington. Major William Coddington. 

GENERAL TREASURER. MAJOR FOR THE MAIN. 

Mr. Joseph Borden. Major Job Greene. 

Whereas, the town of East Greenwich hath, by petition, ex- 
hibited a complaint against the town of Providence, for return- 
ing one Mary Marsh, a single woman, and a lawful inhabitant 
of the said town of Providence, to the town of East Greenwich, 
contrary to law, whereby great charge hath, and more may accrue 



1718.] AND PROVIDENCE PLANTATIONS. 229 

to the said town ; which complaint being duly examined, and 
each of the said towns being duly heard by their attornies; — 

The judgment, decree and determination of this As- 
sembly is, that the said Mary Marsh is a lawful inhabitant of 
the aforesaid town of Providence, and ought, by the inhabit- 
ants thereof, to be there maintained, if she be not capable of 
subsisting herself; and the said town of East Greenwich is 
hereby ordered to return the said Mary Marsh to the said town 
of Providence, who are hereby ordered to receive and keep her, 
accordingly. 

Whereas, the town of Providence, hath, by Peleg Rhodes, 
petitioned this Assembly to consider the great damage that 
hath by them been sustained in having Weybosset bridge de- 
stroyed by an unusual and violent flood ; — 

Therefore, upon mature consideration thereof, it is ordered 
by this Assembly, that £30 be allowed to the town of Provi- 
dence, out of the general treasury, the better to enable them 
to repair the same. 

The answer and reply of this present Assembly to the me- 
morial of Capt. Ebenezer Grout, attorney to Asquasuthuks, 
&c. ; — 

Sir — This Assembly having duly considered the purport 
of the memorial by you presented to the Assembly, in Octo- 
ber last, do find the pleas and arguments therein exhibited, 
to be as followeth, viz.: 

That old Miantinomi, at the time of his death, had two sons, 
viz. : Miantinomi and Massecupp, which, as is suggested, were 
joint heirs to all their father's lands ; and forasmuch as they 
made no division thereof in their life time, the longest liver and 
his heirs became the righful owners of the same ; and Masse- 
cupp being the longest liver, and never having been in rebel- 
lion against the English, and being now dead, and his daughter, 
Asquasuthuks, being his only child now living, is by law the 
rightful heir to the land of old Miantinomi, and therefore de- 
sires of this government to be admitted as such. This, in 
short, is the purport, &c, of your memorial, to which we an- 
swer ; — 



230 RECORDS OF THE COLONY OF RHODE ISLAND [1718. 

1st. That could it be allowed that Massecupp had such an 
interest in these lands as is pretended, for the better preserva- 
tion thereof, he ought undoubtedly, when his brother took up 
arms in rebellion against the English, to have made the surren- 
der of himself to the government in which the land lay, so that 
a record thereof might have been made, the which would have 
been, without any reflection, a far better evidence for him to 
any court, than any yet produced. 

In the second place, we observe, that you rightly acknowl- 
edge the tenure of the Narragansett lands to be such, as that 
the sachems held in joint tenancy ; and this improvement we 
rightly make thereof : old Miantinomi, at the time of his fath- 
er's death, had an own brother, named Casuckqunce, who held 
in joint tenancy with himself, and when this old Miantinomi 
was murdered, then Casuckqunce being the survivor, became 
the chief sachem in his father's and brother's stead ; and so 
continued until the war put a period to his rule and right ; so 
that if you please but to reflect upon your own argument, you 
will find, that neither young Miantinomi nor Massecupp had 
the right but Casuckqunce ; and therefore, Asquasuthuk's 
claim can be no other than a mere pretence. 

But for further satisfaction in the matter, you refer us to 
Mr. Treat's petition, the which we have also perused and con- 
sidered, and do find the substance thereof contained under 
three heads, viz. ; — 

1st. That none of the English laws of limitation can bar 
Corquos from his lawful entry into the Narragansett lands, be- 
cause he was a prince ; and that no time hinders the king, but 
that he may enter into his domains at any time when he 
pleases. 

2d. That our laws of limitation were never intended to ex- 
tend to the Indian sachems' land, but only to the native Eng- 
lish subjects' land. 

3d. He says, admitting they might be subject to those 
laws, yet all reasonable laws of limitation, have regard to mi- 



1718.] AND PROVIDENCE PLANTATIONS. 231 

nority, &c. ; and that the 21st of James, rep. 16th, allows the 
minor ten years for his entry, after he comes to the age of 
twenty-one years, &c. 

Now, as to his first argument, it is grounded upon a pre- 
sumption that Carquos was a sachem, and was really the right- 
ful proprietor of the Narragansett country ; but the contrary 
thereof is already shown. 

But to follow him in order, we come to his second argument, 
and say, though it may be granted, that it might not be intended, 
nor once thought on, when the several statutes of limitations 
were first made, that they should extend to the Indian sa- 
chems' land ; yet, after the Indian sachems had subjected 
themselves and their lands to the crown of England, to be pro- 
tected, ruled and governed by the English laws, then, un- 
deniably those statutes must extend both to the Indian sa- 
chems and their lands also ; and that the chief sachems of the 
Narragansett did so subject themselves and their lands, in the 
year 1644, is most certain, and is yet to be seen, under their 
own hands, and in print. But perhaps Mr. Treat might not be 
knowing thereof. 

And as to his third and last argument, he grounds it upon 
the aforesaid statute of 21st James, rep. 16th, and from thence 
draws up this conclusion, that Corquos cannot be barred of his 
entry into old Miantinomi's land, by the statute, by reason he 
was but twelve years old, when his father, Massecupp died, and 
but twenty-two years old when he preferred his petition. But 
certainly, Mr. Treat had very much forgot himself, or else de- 
signedly imposed upon that court, as judging they had not wis- 
dom enough to consider that there were twenty-five years 
passed from the time of the Indian war, to the time of Masse- 
cupp's death, in which time, by the aforesaid statute, he ought 
to have made his entry, if any right he had so to do. 

But, forasmuch as he omitted making his entry by the space 
of five years more than what is limited by the said statute, and 
did not so much as make his claim, in all that time, had his 
right been never so good and lawful (as indeed it was neither), 
he had undeniably by that statute, been for ever barred ; and 



232 RECORDS OP THE COLONY OF RHODE ISLAND [1718. 

it is most certain that where the father's right of entry is so 
clearly taken away by statute, as here Massecupp's was, if he 
had any, that both sons and daughters are for ever excluded, 
and left without remedy ; so that the whole of Mr. Treat's plea 
for the lawfulness of Corquos, his entry into the lands of the 
Narragansett country, is both beside law and reason. 

And sir, as to what you say (after threatening of us with 
taking of further steps for relief), that it is not ex post facto to 
lay claim for a minor in this case it may be granted, because 
the law prescribes no time in which a claim shall be made 
where there is no right. 

But that the matter may appear the more conspicuous, that 
Massecupp was never possessed, as sachem, of the Narragan- 
sett lands, neither solely, nor as joint tenant, with his brother, 
(we say as before) that upon the death of Miantinomi, Casuck- 
qunce succeeded him in both the right of government and 
lands ; and the said Casuckqunce and old Ninegret, the other 
chief sachem, held that country in joint tenancy until the In- 
dian war ; at which time, Casuckqunce, being old, was, as it was 
supposed (by the influence his near kinsman, Nanantenew, had 
upon him, as well as upon his subjects), drawn from his allegi- 
ance to the crown of England, and taken up arms against the 
English, and lost his life ; at which time, the whole of that 
country (that was then unsold), fell by law, to old Ninegret, by 
survivorship, who had, from the time of subjecting himself, as 
aforesaid, been a loyal subject to His Majesty, and a cordial 
friend to the English. 

But he soon after dying, and leaving his son Ninegret, an 
infant, who was his only heir, so that the care of all his land 
fell to this government ; and so continued until such time as 
he came to mature years, who then made his entry thereinto, 
as by law he had good right ; and hath since disposed of con- 
siderable part thereof to this government ; and we suppose our 
title to be good and lawful, and judge we are obliged to de- 
fend it. 

This Assembly have had under their consideration, what 
you offered tins day, as an addition to your memorial ; 



1718.] AND PROVIDENCE PLANTATIONS. 233 

and it appears more like a menace and threatening, than a me- 
morial ; and rather deserves a reprimand than an answer. But 
that our moderation may appear, we make the following answer 
to your additional memorial, as you call it ; — 

In the first place, you query whether Miantinomi, his heirs, 
(he being the chief sachem in his day, and king of this gov- 
ernment), her claim ought not to be allowed, &c. 

We say, that old Miantinomi, in his days, was acknowledged 
to be one of the sachems of the Narragansett ; but that he, or 
any of his successors was ever king of this government, we de- 
ny, as in duty to our royal sovereigns, the Kings and Queens 
of Great Britain, we are, and ever have been obliged to do. 

And as to our suffering a complaint to be exhibited, we must 
leave both you and your client to use your liberty ; not doubt- 
ing but we shall be as able to answer it, as we have been some 
others, grounded on the like slighty occasion. And as to what 
you say concerning the heirs of Duke Hamilton, we judge we 
are in as good a capacity to withstand them as any other gov- 
ernments in this country are. 

An Act to prevent Indians being sued for debt. 

Whereas, several persons in this colony out of wicked, covet- 
ous and greedy designs, often draw Indians into their debt, 
and take advantage of their inordinate love of rum, and other 
strong liquors, by selling the same to them, or otherwise to 
take advantages, by selling them other goods, at extravagant 
rates, upon trust, whereby said Indians have been impoverished, 
to the dishonor of the government. 

[Here follows the act. See public laws, for 1719.] 

It is ordered by this Assembly, and by the authority thereof, 
that the grand committee, which had new bills lodged in their 
hands, to be exchanged (for old bills formerly emitted by this 
colony), bring in the said bills they have changed, and the 
other money lodged in their hands, at the next session of this 
Assembly. 

It is ordered by this Assembly, and by the authority thereof. 

VOL. TV. 30 



234 RECORDS OF THE COLONY OP RHODE ISLAND [1718, 

that Mnegret, sachem, shall have lent him out of the general 
treasury, £150, for the payment of his debts, to be repaid into 
the general treasury, out of the rents of his lands, as they shall 
become due. 

And this Assembly is adjourned to the 17th of June next 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the Vjth day of 
June, 1718. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 

It is ordered by the General Assembly, that the general re- 
corder proceed to transcribe and fit the laws for the press, with 
marginal notes thereon ; and to be compared, when finished, by 
the Governor and Major Frye, and that Major Frye get them 
printed; and that His Honor, the Governor, shall order so 
much money out of the general treasury, as he shall think ne- 
cessary for the same ; and that Major Frye render an account 
of the charge thereof, to the General Assembly, when thereunto 
required. 

It is ordered by this Assembly, that the town sergeant of 
Newport shall have allowed him out of the general treasury 
twenty shillings per annum, for his care and trouble in sweep- 
ing and looking after the colony house. 

It is ordered by this Assembly, that Moses Ferman, an inhab- 
itant of Long Island, be allowed twenty shillings, out of the 
general treasury, in order to enable him to transport himself 
home. 



1718J AND PROVIDENCE PLANTATIONS. 235 

An Act declaring what real estate shall make a person an in- 
habitant of a town. 

Be it enacted by the General Assembly, and by the authori- 
ty of the same, that whosoever hath, or shall have, £50 real es- 
tate, within any town of this government, such person shall 
not be refused as an inhabitant therein, at any time when he 
shall remove thither to dwell j any custom or usage to the con- 
trary hereof, in any wise, notwithstanding. 

Whereas, the committee appointed and empowered by the 
General Assembly of this colony, at their session on the first 
Wednesday of May, 1717, to .perfect and settle the line be- 
tween the said colony and the Province of the Massachusetts 
Bay, were bound up or restricted to an agreement, made at 
Roxbury, between Col. Dudley and Major Jenckes, &c, so as 
the matter in difference between the two colonies, as to the 
stating and settling the said line, hath been retarded, to the 
considerable charge of the colony ; — 

This Assembly, taking the premises under their considera- 
tion, do hereby enact, constitute and appoint Major Joseph 
Jenckes, Major Randall Holden, Major Thomas Frye, Capt, 
Samuel Wilkinson, Esq/rs, and Mr. John Mumford, surveyor, a 
committee, to treat and agree with such gentlemen as are, or 
may be appointed and commissionated, with full power, by the 
General Assembly of the province of the Massachusetts Bay, 
aforesaid, lor the final settling and stating the aforesaid line 
between the said colonies ; hereby giving and granting unto 
the aforesaid Major Joseph Jenckes, Major Randall Holden, 
Major Thomas Frye, Capt. Samuel Wilkinson and Mr. John 
Mumford, or the major part of them, our full power and au- 
thority to agree and settle the aforesaid line between the said 
colonies in the best manner they can, as near agreeable to our 
royal charter as in honor they can compromise the same ; and 
what the said committee, or the major part of them shall agree 
to and confirm, under their hands and seals, indented, shall be 
allowed and confirmed to be the stated and dividing line be- 
tween the said colonies, for ever thereafter. 

But in case it shall so happen that the said committees, 



236 RECORDS OF THE COLONY OF RHODE ISLAND [1718. 

through any misunderstanding, or otherwise, cannot, or do not 
agree to settle and confirm the said dividing line upon honora- 
ble terms, then, and in that case only, this Assembly do author- 
ize and empower the aforesaid committee, or the major part of 
them, to run and mark out the said dividing line as near 
agreeable to the words of our charter, as may be, and to plat 
the same ; and to make return to this, or the next succeeding 
Assembly, after they have accomplished the same ; any act, 
clause or clauses of acts, to the contrary, notwithstanding. 

Be it ordered, enacted and declared by this Assembly, and 
the authority thereof, that Ninegret, sachem, shall, and do pass 
over and convey unto Cooke Ruffin's son, the land formerly 
granted his father, and to be under the same restriction as 
Ninegret's other lands are. 

Whereas, an act of the General Assembly of this colony, 
made and passed at Newport, the 18th day of June, 1717, re- 
stricted the overseers of Ninegret, the sachem in Narragansett 
country, from leasing out any of the said sachem's lands for 
any longer time than seven years, the which hath been found 
prejudicial to the said sachem's interest, and hath much hin- 
dered the improvement of his lands ; — 

Be it therefore enacted by the General Assembly, and by 
the authority of the same, that the overseers of the land of the 
said Ninegret, sachem, shall, and may have power to lease out 
the land of the said sachem for any term or time, not exceeding 
fourteen years, as to them shall seem most conducive for the 
said sachem's interest ; any act or clauses of acts to the con- 
trary hereof, in any wise, notwithstanding. 

An Act for the better regulating the collector's and naval offi- 
cer's fees, within this colony. 

Forasmuch as the General Assembly of this colony, held at 
Providence, on the 25th day of October, 1716, passed an act 
for the regulating and stating the collector's and naval officer's 
fees in this colony ; which act, being found not to be so' exten- 
sive as was intended ; — 



1718.] AND PROVIDENCE PLANTATIONS. 237 

Therefore, the same is hereby declared null and void, and of 
none effect. 

And be it enacted by this General Assembly, and by the au- 
thority of the same it is enacted, that these fees* hereaf- 
ter mentioned, shall be the stated table of fees for the collec- 
tor and naval officer, within this colony. And that the collec- 
tor and naval officer, or either of them, or any deputy under 
either of them, shall not take any other or greater fees than is 
therein mentioned, on the penalty of forfeiting twenty shillings 
to the colony, for every offence ; to be recovered before any 
one assistant or justice of the peace (upon complaint made), of 
such town where such offence shall be committed (together 
with the costs accruing). And the party aggrieved thereby, 
shall recover his damages, if under forty shillings, before any 
assistants or justices of the peace of the town where such of- 
fence shall be committed, or any two of them ; and if above 
forty shillings, at the General Court of Trials. 

An Act for calling in the £3 bills of credit, emitted by this 

colony in the years one thousand seven hundred and ten, 

and one thousand seven hundred and eleven. 

Forasmuch, as the £o bills of credit on this colony, emitted 
in the years aforesaid, have been counterfeited, whereby great 
damage has happened to several persons, which may discourage 
the currency of said bills, if not timely prevented ; — 

Be it therefore enacted by this present Assembly, and by 
the authority of the same it is enacted, that the possessors of 
the £3 bills of credit on this colony, emitted in the years 
aforesaid, do bring into the general treasury of this, His Majes- 
ty's colony, all the aforesaid bills, before, or upon the 1st day 
of May, in the year of our Lord 1719, where all the said bills 
shall bo changed with other bills of public credit ; and all of the 
aforesaid £3 bills of public credit that shall not be brought into 
the general treasury by the aforesaid 1st day of May, 1719, 
be, and hereby are prohibited to pass from man to man ; or 
have any further currency ; any act op acts, clause oi el 
of acts, to the contrary hereof, notwithstanding 



238 RECORDS OF THE COLONY OF RHODE ISLAND [1718. 

Whereas, the body of laws for the settling and regulating 
the military forces within this colony, are increased to so great 
a number by reason of the many wars, which, from time to 
time this colony hath been engaged in against the French and 
Indians, and other enemies, which hath rendered many of them 
useless, and may be for the future prejudicial, if not re- 
pealed ; — 

Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same, and it is hereby en- 
acted, that all acts heretofore made, relating to the militia, or 
appointing officers for the same, be hereby fully and absolutely 
repealed, and declared null and void ; and that for the future, 
the following orders, regulations and rules relating to the 
same, be kept and observed by all persons in this colony. 

[Here follows the militia act. See public laws of the colo_ 
ny, 1719, p. 70.] 

And for the encouragement of seamen and others, to enlist 
themselves voluntarily on such occasions ; — 

Be it further enacted by the authority aforesaid, that all 
such ships or other vessels that shall be taken from the enemy 
during such cruise, together with their loading and appurten- 
ances, shall be, and remain to the captors, His Majesty's dues 
and the charge of the outfit, only excepted ; and in case that 
nothing shall be taken from the enemy, during such cruise, the 
charge thereof, shall be borne by the colony. 

[Here follows " an act for relieving such as shall be maimed 
in the colony's service ; and the widows, parents and relations 
of such as shall be killed in the colony's service, and shall not 
be able to subsist and maintain themselves." See public laws 
of the colony, 1719, p. 91.] 

Au Act for the better regulating of attachments in civil ac- 
tions. [Public laws, 1719, p. 95.] 

An Act for distributing and settling intestates' estates. [Pub- 
lic laws, 1719, p. 95.] 
Whereas, it hath been found by experience in this colon), to 



1718.] AND PROVIDENCE PLANTATIONS. 239 

be very wrongful and injurious to the public good, as well as 
private interest, of the younger children of persons dying intes- 
tate, that the whole real estate of such persons dying intestate, 
should descend to the eldest son, and thereby the other chil- 
dren, whose labors have been very useful, and advantageous to 
their parents in reducing and improving such real estate, 
should be left destitute. 

An Act for taking depositions out of court. [See public laws, 
1719, p. 98.] 

An Act for discouraging vexatious and unjust suits in law. 
[Public laws, 1719, p. 98.] 

An Act directing proceedings in actions and suits wherein 
either the recorder or sheriff are parties. [Public laws, 
1719, p. 99.] 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Neivpori, the 9th day of 
September, 1718. 

Col. Samuel Cranston, Governor, 
Richard Ward, recorder. 

Ordered, that the deputy governor be paid £Q, out of the 
general treasury, for twelve day's service in treating with 
the Massachusetts commissioners, about running the line be- 
tween that government and this. 

Ordered, that Lieut. Col. John Wanton, Capt. Jonathan 
Nichols and Major William Coddington be, and they hereby are 
appointed a committee, and fully empowered to lease out the 



240 RECORDS OP THE COLONY OF RHODE ISLAND [1718. 

ferries from Newport to Kingstown, &c, as they shall find 
most beneficial for the colony's interest. 

Whereas, John Mumford petitioned this Assembly, to have the 
line settled by this Assembly between the land of the said Mum- 
ford and Daniel Lewis and partners, and John Richmond appear- 
ing for said Lewis and partners ; after some debate, said Mum- 
ford and Richmond agreed that an east line extended from 
the north-east corner of John Pal miter's land, shall be the 
bounds between said Mumford and Lewis's partners, and the 
same is confirmed by this Assembly, accordingly. 

Ordered by this Assembly, that Daniel Howland have the 
two men that attend the ferry in his rowing boat, exempted 
from training. 

An Act for the more speedy trial of such negro and Indian 
slaves as shall be found purloining and stealing, &c. [See 
public laws, 1719, p. 101.] 

An Act regulating the recorder's and sheriff's fees, in cases 

that come before the General Assembly. [See public laws 

1719, p. 101.] 

Ordered b}^ this Assembly, that Col. William Wanton exam- 
ine the Newport town sergeant's accounts, for building a 
small convenient house on the back side of the colony house, 
and if he find the same to be regular, to make report thereof to 
the Governor, in order that the same be paid out of the general 
treasury. 

Ordered, that a copy of the charter be printed with the 
laws. 

The general treasurer having, pursuant to an order of this 
Assembly at their last session, changed the sum of £672 2s., 
into old bills of credit, emitted by this colony, in the years one 
thousand seven hundred and ten, and one thousand seven hun- 
dred and eleven ; — 

This Assembly do order that . the same be immediately 
burnt ; and also, that the old bills of credit received this ses- 



1718.] AND PROVIDENCE PLANTATIONS. 241 

sion of Major James Brown, amounting to £171 lis., being 
the full of his proportion left to change, be consumed forth- 
with ; which was done, in the presence of the Assembly. 

Ordered, that the Governor be paid £20 out of the general 
treasury, for his extraordinary service for the colony. 

Ordered by this Assembly, that all persons, whatsoever, that 
have any counterfeited bills in their hands, carry them to His 
Honor, the Governor ; and that a list be taken of such persons 
as have lost by them, in order that such sufferers may be re- 
lieved in case of conviction of any persons of counterfeiting 
the same. 

Ordered, that the pirates now in jail, be there continued till 
His Majesty's pleasure be known how he will have them or- 
dered, either home, or give order for the trial of them here? 
or otherwise ; and that the evidences against them be improv- 
ed, in order to subsist themselves ; and in case they cannot, to 
be subsisted out of the general treasury, at the colony charge. 

Ordered, that the general treasurer provide sails sufficient 
for the fort boat, at the colony's charge. 

It is ordered by this Assembly, that the acts of this Assem- 
bly be published in the town of Newport, under the colony's 
seal, within ten days after the dissolution of this Assembly ; 
and that the recorder register them in the colony's book, and 
send a copy thereof to each town in the colony within twenty 
days after the dissolution of this Assembly ; and that he be 
paid forty shillings for registering them, and forty shillings for 
each copy. 

And this Assembly is dissolved. 

God save King George. 

VOL. iv. 31 



242 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1718. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the 29th day 
of October, 1718. 

(Present.) 

Major Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Major Randall Holden, 

Major James Brown, Mr. John Wickes, 

Mr. Thomas Cornell, Mr. Elisha Cole. 



RECORDER. 

Richard Ward. 



SHERIFF. 

Major William Coddington. 



DEPUTIES. 



For Neivport. 
Major Nathaniel Sheffield, 
Capt. James Clarke. 

For Providence. 
Capt. Richard Waterman, 
Capt. Wm. Crawford, 
Lieut. Wm. Harris, 
Mr. John Jenckes. 

For Portsmouth. 
Mr. Adam Lawton, 
Mr. John Dennis. 



For Wanvick. 
Mr. John Rice, 2d, 
Mr. Samuel Gorton, 
Mr. Stephen Arnold. 

For Westerly, 
Capt. Jos. Stanton. 

For Kingstoivn. 
Mr. Jeremiah Gould. 

For East Greemvich. 
Mr. Benj. Spencer, 
Mr. Jos. Edmunds. 

For Jamestown. 
Mr. Thomas Carr, 
Mr. Samuel Slocum. 



Major Nathaniel Sheffield, speaker. 
Richard Waterman, clerk. 

An Act enabling the town council of Providence to sell the es- 



1718.] AND PROVIDENCE PLANTATIONS. 243 

tate of Freegift Balcoin, a distracted person, and an inhabit- 
ant of said town. 

Whereas, complaint has been made to this Assembly, that 
Freegift Balcom, an inhabitant of the town of Providence, has 
for some considerable time been troubled with distraction, and 
out of his head, and that he is not able to subsist himself, 
and that he hath some interest in lands, which may subsist him 
for some considerable time, if any persons are empowered and 
improved to sell the same, and apply it to his use ; — 

Be it therefore enacted by the General Assembly and by the 
authority of the same it is enacted, that the town council of 
Providence, shall, and may, and they hereby have full power 
and authority granted them to sell, pass over and convey the 
lands of the said Freegift Balcom to such person or persons, 
and their heirs and assigns for ever, as shall appear to buy the 
same, to the best advantage they can, for the subsisting and 
maintaining of the said Freegift Balcom, and to apply the same 
to his use. And the grantees or vendees of such land as shall 
be granted and sold, as aforesaid, shall have, hold, occupy and 
peaceably and quietly possess and enjoy the same, to them, 
their heirs and assigns for ever. 

Ordered, that the return of the commissioners to settle and 
run the boundary line between this colony and the Massachu- 
setts be accepted, and placed to record in the colony's book. 

The audit improved to audit the naval officer's accounts, hav- 
ing made report that there is in the naval officer's hands, due 
to the colony, £59 10s., and there is out-standing in several 
masters' hands, £57 due to the colony, when officers' fees 
are deducted ; — 

Ordered, that the said return be accepted. 

Forasmuch, as Pawtucket bridge and the two bridges over 
Pawtuxet river are very much out of repair, and are very dan- 
gerous for travellers, and daily grow worse ; — 

It is therefore ordered by this Assembly, that the sum of 
£30 be allowed out of the general treasury, for repairing of 
said /bridges ; that is, £10 towards each bridge. 

Forasmuch, as it hath been found very injurious to the coun- 



244 RECORDS OF THE COLONY OF RHODE ISLAND [1718. 

try, and greatly to retard the business at the General Court of 
Trials, &c., in allowing three or more attorneys to speak, and 
plead of one side, for either plaintiff or defendant ; for remedy- 
ing whereof, for the future, — 

Be it enacted by the General Assembly, and by the authori- 
ty of the same it is enacted, that no person or persons (whether 
plaintiff or defendant) shall have in any one cause above two 
attornies or lawyers, to speak and plead for them in the Gen- 
eral Courts of Trials, &c. ; and that one of said attornies or 
lawyers, shall be a freeholder, a freeman and an inhabitant in 
this colony ; any former usage or custom to the contrary here- 
of, anywise notwithstanding. 

Voted, that Major Randall Holden, Mr. Robert Gardiner and 
Capt. William Crawford, be a committee to view Fort Ann, 
and examine and see what may be proper for fitting and re- 
pairing of the same, and make report thereof, by advice of 
the Governor, to the next General Assembly. 

Voted, that the recorder draw up an act in form, for regu- 
lating of appeals to Great Britain, and present the same to the 
next General Assembly, in May next. 

And this Assembly is dissolved. 

God save the King. 

Mr. Kay to Mr. Popple. 

Rhode Island, 24th November, 1718. 

When I had the honor to wait on you, about four months since, at the Cockpit, 
I craved the honor to know whether the order was sent to the charter govern- 
ments, that restrained the several governments in the plantations, from putting 
laws relating to trade, in execution before they were approved of, or confirmed in 
England, and you were pleased to acquaint me, they were. 

I being the collector, appointed by the honorable commissioners of His Majesty's 
customs in England, for this government, think it my duty to acquaint, they have 
not received any account of such an order here ; and as I have been informed, not 
in our neighboring colony of Connecticut ; and several laws being made there, 
which is humbly conceived, are repugnant to the laws of trade made in England, 
relating to the plantations, as laying on of duties, and obliging the King's subjects 
of other governments to pay them ; and curtailing the trade, by obliging the King's 
liege subjects in bond, to carry the produce of that government, to certain places of 
trade, limited by their own acts, and abusing the King's officers by laws which are 
repugnant to the laws of trade, made for the plantations ; and if ordered to be sent 



1718.] AND PROVIDENCE PLANTATIONS. 245 

home, would treat the officers in another manner ; and also these matters giving 
great discouragement to trade in general, and many of His Majesty's subjects in 
this colony having suffered very much by such laws ; and as likewise a flourishing 
trade might be carried on between the several governments of His Majesty's plan" 
tations.* 

I presume to lay before you, humbly praying you will signify the King's order to 
these governments, and allow me the favor of being esteemed, sir 

Your most faithful and most humble servant, 

NATHANIEL KAY. 



Proceedings of the General Assembly held for the Colon?/ of Mode 
Island and Providence Plantations, at Newport, the first Tues- 
day in May, 1719. 

(Present.) 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 



ASSISTANTS. 



Lieut. Col. John Wanton, 
Capt. Jonathan Nichols, 
Major James Brown, 
Major Randall Holden, 
Mr. John Wickes, 



Mr. Thomas Cornell, 
Mr. William Anthony, 
Mr. Stephen Hazard, 
Mr. Elisha Cole. 



RECORDER. 

Richard Ward. 

SHERIFF. 

Major William Coddinsjton. 



GENERAL TREASURER. 

Mr. Joseph Borden. 

GENERAL ATTORNEY. 

Mr. Weston Clarke. 



" 3 i lavtei Brown's Manuscripts, Nx>, 523, Vol. VIIT. 



246 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1719. 



DEPUTIES. 



For Newport. 
Col. Wm. Wanton, 
Major Nath'l Coddington, 
Capt Job Almy, 
Lieut. Edward Smith, 
Mr. George Goulding, 
Mr. Joseph Whipple. 

For Providence. 
Capt. William Crawford, 
Mr. Elisha Knowlton, 
Lieut. William Haris, 
Capt. Richard Waterman. 

For Portsmouth. 
Mr. William Sanford, 
Mr. Gideon Freeborne, Jr., 
Mr. Thomas Brayton. 



For Warwick. 
Capt. Benj. Greene, 
Capt. Samuel Greene, 
Mr. John Rice, Secundus. 

For Westerly. 
Capt. Joseph Stanton, 
Mr. Isaac Thompson. 

For Neio Shoreham. 
Mr. Robert Westcote. 
For Kingstown. 
Mr. Jeremiah Gould, 
Mr. William Brown. 

For East Greenwich. 
Major Thos. Fry, 
Mr. Pardon Tillinghast. 

For Jamestoivn. 
Mr. David Greene, 
Mr. Samuel Clarke. 



Col. William Wanton, speaker. 
Mr. William Sanford, clerk. 



Nathaniel Kay, Esq., Edward Cane, Samuel Haydon, Jr., 
William Pinniger, Thomas Walrond, Clarke Rodman and Benj. 
Baker, of Newport, are admitted freemen of this colony. 



1719.] AND PROVIDENCE PLANTATIONS. 247 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1719. 

The following officers were declared elected, and duly 
engaged. 

Col. Samuel Cranston, Governor. 

Major Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Mr. William Anthony, 

Capt. Jonathan Nichols, Major Randall Holden, 

Major James Brown, Mr. John Wickes, 

Capt. Richard Waterman, Mr. Stephen Hazard, 

Mr. Thomas Cornell, Mr. Elisha Cole. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Major William Coddington. Mr. Weston Clarke. 

FIELD OFFICERS OF THE MILITIA. 

Col. Wm. Wanton, chosen colonel of the regiment of the mi- 
litia, on the islands in this colony, and engaged. 

Major Thomas Frye, chosen colonel of the regiment of the 
militia, on the main land, in this colony ; refused. Major Ran- 
dall Holden, chosen colonel in his room, and refused. Mr. Jo- 
seph Whipple, chosen colonel in his room, and engaged. 

Major William Coddington, chosen lieutenant colonel of the 
regiment of the militia, on the islands, and engaged. 

Capt. Benjamin Greene, chosen lieutenant colonel of the 



248 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

regiment of the militia on the main land, and refused. Mr. 
George Hazard chosen in his room, and engaged. 

Capt. Job Almy, chosen major of the regiment of the militia 
on the islands, and refused. Capt. Benjamin Bull, chosen in 
his room, and engaged. 

Capt. William Crawford, chosen major of the regiment of the 
militia on the main land, and engaged. 

Voted, that one justice be added to the town of Newport, 
and one to Portsmouth. 

Ordered, that Major Thomas Frye, be allowed £10 out of 
the general treasury, for his trouble and pains in getting the 
laws of this colony printed. 

Ordered, that Major Thomas Frye pay the £18 in his hands 
(which was left after the purchase of the law books of Mr. 
Nicholas Boone) into the general treasury. 

Whereas, this Assembly have purchased of Mr. Nicholas 
Boone fourscore law books, — 

It is ordered by this Assembly, that they be disposed of in 
the following manner : first, that every member of this Assem- 
bly have one allowed him ; and that every town in the colony 
have one of said law books lodged in the town clerk's office, 
there to remain for the use of the town. And that the twenty- 
nine books not yet given away, be disposed of in manner fol- 
lowing : to the town of Newport, four ; to Providence, five ; to 
Portsmouth, three ; to Warwick, three ; to Westerly, three ; 
to New Shoreham, two ; to Kingstown, five ; to East Green- 
wich, two ; and to Jamestown, two ; to be left in the town 
clerk's office, to and for the use of such towns as they shall see 
cause to order. 

His Honor, the Governor, took the oath to the acts of navi- 
gation and trade, before the collector, and the general council 
of this colony. 

Ordered by the General Assembly, and by the authority of 
the same, that part or all of the Greenman's fine be put into 
the hands of the Governor and general treasurer, as loan 
money, in order to change the counterfeit bills made on the 



1719.] AND PROVIDENCE PLANTATIONS. 249 

Greenumns' plates, to be repaid into the general treasury, out 
of the £1500 bond, given by said Greenmans and sureties, for 
the paying of double damages ; and that the Governor, the 
general treasurer and Mr. Samuel Vernon exchange the coun- 
terfeit bills as they come in, and notify the several govern- 
ments to bring in their counterfeit bills by such time as they 
think fit. 

And to impress three bills upon each counterfeit plate, to 
compare and prove them by. 

And it is further ordered, that if the £1500, aforesaid, be 
not paid into the general treasury by the time therein express- 
ed, that the general treasurer do then sue the same. 

Ordered, that the general treasurer procure a boat of eigh- 
teen foot long, for the use of Fort Ann, as soon as he possibly 
can. 

And this Assembly is adjourned to the 16th day of June 
next. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the \Wi day of 
June, 1719. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. Wm. Wanton, speaker. 
Mr. William Sanford, clerk. 

Ordered by this Assembly, and by the authority thereof, 
that all the acts and orders of the General Assembly of this 
colony, made at Providence on the last Wednesday of October 
last passed, be published in the town of Newport, by beat of 
drum, with the colony's seal, with the laws passed at this ses- 
sion ; and that Capt. William Crawford shall have liberty to 

vl. iv. 32 



250 RECORDS OF THE COLONY OF RIIODE ISLAND [1719. 

prosecute his appeal against William Smith, of Weston, in 
the county of Middlesex, before His Majesty, in council ; he 
giving in bond in the recorder's office, within ten days after the 
publication of said act to prosecute the same, &c ; any thing- 
contained in the judgment between said Smith and Crawford, 
to the contrary, notwithstanding. 

An Act regulating appeals to His Majesty in council in Great 
Britain. [See public laws, for 1719.] 

Whereas, Daniel Updick, in behalf of himself and James 
Updick, and Jos. Smith, hath petitioned this Assembly for liber- 
ty to fence up the highway lately run through the said Up- 
dick's land, for that it is of very little service to the inhabitants 
thereabouts ; — 

The which petition being duly considered by the Assembly, 
it is ordered and declared by this Assembly, that the said pe- 
titioners may hang gates and bars, and maintain them across 
the aforesaid highway until a further necessity do appear to 
this Assembly, for the opening of the same ; they reimburs- 
ing the town of Kingstown the charges they were at in laying 
out of said highway. 

Whereas, there is an act of Assembly in this colony, that no 
licenses shall be granted, to retail strong liquors, and forty shil- 
lings and ferrymen being included in said act, who only sell 
small quantities to such as travel across the ferries, and have 
not such custom as other houses ; and it being very convenient 
for them to sell strong liquors to refresh travellers ; — 

Be it . therefore enacted by this Assembly, and by the au- 
thority of the same, that it shall, and may be lawful for each 
and every town council within this colony, where any ferries 
are stated and duly kept, to license such ferryman or ferrymen, 
to retail strong liquors for any such sum as they shall think 
fit ; any custom, law or usage, to the contrary hereof, notwith- 
standing. 

Whereas, this Assembly have been informed by a letter from 
the Honorable Gerdon Saltonstall, Esq., governor of the colony 



1719.] AND PROVIDENCE PLANTATIONS. 251 

of Connecticut, that their government has appointed commis- 
sioners to run the line between the said two colonies (with 
such commissioners as shall be appointed by this government), 
pursuant to an agreement made at Stonington, by the commis- 
sioners of said colonies in the year 1702. 

And notwithstanding that government declined, some years 
since, to join with us in running and settling the aforesaid line, 
wherely we were at great charge in running the same ; yet, 
for the cultivating and maintaining of good neighborhood be- 
tween the governments ; — 

This Assembly do nominate, order and appoint Joseph 
Jenckes, Esq., deputy governor of this colony, Major Randall 
Holden, Col. Win. Wanton, Major Thomas Frye, and Mr. John 
Mumford, to be, and they hereby are nominated, ordered and 
appointed a committee, to join with such commissioners as are 
already, or may be hereafter appointed by the government of 
Connecticut, for the running and settling the line between the 
two colonies, pursuant to the agreement made at Stonington, 
1702 ; and the said commissioners, or the major part of them, 
meeting with the commissioners of Connecticut, and they run- 
ning and agreeing upon the said line, to be the dividing line 
between the said colonies, and interchangeably signed and 
sealed, with their hands and seals, shall forever thereafter be, 
and remain the dividing line between the said colonies. 

Always provided, the commissioners of the colony of Con- 
necticut have the like full and ample power, as it is hereby 
given to the commissioners of this colony ; and to meet at such 
time and place as they shall from time to time appoint ; and 
His Honor, the Governor, is hereby empowered and desired to 
give unto the said commissioners a full and ample commission 
for the same. 

We, the subscribers, being of the committee appointed and 
empowered by the governments of the Province of the Massa- 
chusetts Bay, and the colony of Rhode Island and Providence 
Plantations, for the settling the east and west lines between the 
said governments, by virtue of the agreement of the major part 



252 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

of the said committee, at their meeting at Rehoboth, on the 
22d day of October last past ; at which time, the said line was 
fully settled and agreed, and by them directed to be now by us 
now run ; having met at the stake of Nathaniel Woodard and 
Solomon Saffery, on Wrentham Plain, the 12th day of May, 
Anno Domini 1719, in the morning, and computed the course 
of the said agreed line, and found it to be, by the compass 
by which we run, west two degrees, twenty-four minutes 
south, according to the variation of nine degrees from the mag- 
net, we proceeded to run said line towards Pawtucket river ? 
and proved our course by measuring from the former lines run 
on either hand, with Rhode Island and Connecticut. We 
erected a heap of stones on the east side of Pawtucket river, (it 
being very high on that side from the water), and marked a 
line about fifteen perches distance from said bank, eastward, 
on the north side of the land called Balcom's land ; and from 
thence, crossing the river, continued our said course west, as 
aforesaid, through the country, marking divers trees, and mak- 
ing many monuments of stones in said line, by which it may 
easily be found hereafter, we carried it by estimation two miles 
west of Allom Pond, where we erected a large heap of stones, 
about four perches east of a small river, called Five Mile River. 
Dated at said river, the 14th day of May, 1719. 
Signed in the presence of — 
JAMES WELLING, JOHN MUMFORD, 

JOHN ARNOLD, SAMUEL THAXTER, 

BAUFIELD CAPRON, JOHN CHANDLER. 

SAM'L WILKINSON, 

The above return is approved of by the Assembly. 

Pursuant to an order of this Assembly, to the general treas- 
urer in May last, the general treasurer brought into this Assem- 
bly all the bills of credit, of the date of 1710 and 1711, which 
were in the general treasury, and amounted to the sum of 
£1019 2s. 4c?. ; and of new bills not passable, for raggedness, 
the sum of £132 8s. 9d. ; the which bills were burnt in the 
presence of the Assembly. 



1719.] AND PROVIDENCE PLANTATIONS. 253 

An Act enabling the surveyor of the highways of the town of 
Newport, to recover the charges of saving before the land of 
such in said town as live out of the government. [See pub- 
lic laws, for 1719, p. 107.] 

An Act for enabling and empowering the town council within 
this colony to redress and punish all frauds, breaches of 
trust, and mismanagements of persons entrusted with estates 
given to charitable uses. 

Whereas, the town council of Newport, have, by their hum- 
ble representation and petition, informed this Assembly that 
John Clarke, late of Newport, physician, did, by his last will, 
give a certain real estate of lands, in said Newport, for the re- 
lief and benefit of the poor, and bringing up children to school, 
which, by the mismanagement of some of the persons entrusted 
with the care and management of the same, had not been 
rightly improved, nor duly applied for the uses given ; which 
breaches of trust and mismanagement not being discoverable and 
relievable by actions in other process at common law ; and it 
appearing needful to this Assembly, that not only a particular, 
but general remedy be given for the redress of such wrongs ; — 
Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same, and it is hereby en- 
acted, that both for the redressing of all such former breaches 
of trust in times past, and also, that shall hereafter happen in 
time to come, in cases where any person or persons have been, 
or shall be hereafter, by any manner of way or means whatso- 
ever, entrusted with the management or disposal of any estate, 
either real or personal, or the rents or profits out of the same, 
accruing or coming, given for the relief of the poor, building of 
hospitals, or schools of learning, bringing up children to school, or 
other such like charitable uses, that each respective town coun- 
cil, for the time being, be, and are hereby empowered, author- 
ized, constituted and appointed as a court, to inquire into all 
frauds, breaches of trust and mismanagements by all such per- 
sons as aforesaid, committed or done, of any such estate lying 
and being within their several and respective jurisdictions ; and 



254 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

to send for any persons, writings, or records, and to examine 
and inquiry make into the same, by all lawful ways and means 
as shall by them be thought proper ; and upon the contempt of 
any person or persons to yield due obedience to their lawful 
and reasonable citations or orders, such person or persons to 
fine and commit to prison until performed ; and to pass such 
judgments and such orders to make for the discovering of, and 
redressing of wrongs done by such breaches of trust and mis- 
managements, as to such town council shall appear just and 
reasonable ; and to enforce the parties guilty of such wilful 
breach of trust or mismanagement, to make good the damages 
sustained thereby, out of their own estates, to the parties in- 
jured. 

And further to enforce and compel the performance of the 
same, that each town council in their several and respective ju- 
risdictions be, and hereby are authorized to issue out execu- 
tions, either against the persons or estates of the delinquents, 
for satisfying the judgments given in such cases, as aforesaid, 
as in courts of common law is usually done in cases brought 
before them. 

And the town council of Newport, for the time being, are 
hereby particularly appointed, with the like full powers, as 
aforesaid, to take all due care, according to the purport and 
power given in this act, to enforce and compel the trustees and 
assigns of the aforementioned John Clarke, from time to time 
rightfully and duly to execute and perform the trust reposed 
in them by his said will ; and to oblige them to make satisfac- 
tion to the parties injured, for all damages sustained by any 
willful breach of trust or mismanagement by them, or any of 
them, committed or done ; and in case there shall appear just 
cause, the said town council are hereby empowered to displace 
any the said trustees or assigns, and such other person or per- 
sons in his or their room and stead to put, as to such town 
council shall appear needful. 

Provided always, notwithstanding, and it is hereby enacted, 
that it shall and may be lawful to, and for any person or per- 
sons aggrieved at any sentence, order or judgment of any town 



1719.] AND PROVIDENCE PLANTATIONS. 255 

council, iii any the cases aforesaid, to appeal from such sen- 
tence, order or judgment, unto the Governor and general coun- 
cil of this colony, for the time being, (as in other cases is usu- 
ally allowed), who are hereby empowered to alter, mitigate, re- 
verse or confirm such sentence, order or judgment of such 
town council, and to give a new and final judgment and deter- 
mination in said case ; and in the mean time, such sentence, or- 
der or judgment of such town council to be suspended, and 
execution stopped thereupon ; any thing in this act before con- 
tained, to the contrary, in anywise, notwithstanding. 

Provided, also, that the party or parties desiring an appeal 
from such town council, to the Governor and general council 
of this colony, do, the same day such order, sentence or judg- 
ment is given request that such their desire be entered in the 
records of said court ; and within ten days after judgment, give 
bond to the clerk of said council, and his successors, with suffi- 
cient sureties, to prosecute his, her or their appeal to effect ; 
and to stand and abide such final judgment as shall be after- 
wards given in said cause ; or otherwise such person or persons 
to lose such his, her or their benefit and advantage of appeal, 
as aforesaid. 

Ordered by this Assembly, that all those that attended on 
the trial of the Greenmans, the last year, be paid for their ser- 
vice therein, out of the Greenmans' fines in the general 
treasury. 

To the Governor, for his extraordinary service the last 
year, £30. 

To the deputy governor, for his extraordinary service the 
last year, £10. 

To the assistants, for their extraordinary service in the cause 
of the Greenmans, to be divided amongst them, as they see 
cause, £45. 

To the recorder, for his service in said affair, £2. 

To the sheriff, for ditto, £4. 

To the attorney general and town sergeant, of Newport, forty 
shillings each, £'4. 

To every juryman that attended the adjournment in said 



256 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

cause of the Greenmans, to each three shillings per diem ; they 
taking an order from the recorder for drawing the same out of 
the general treasury. 

All those jurymen from the main land, to be allowed the 
same pay for one day coming to court, and one day returning. 

Voted and ordered, that His Honor, the Governor, purchase 
so much silver money for the colony as will make up that that 
is already in his hands, £130, and remit the same to our agent 
in Great Britain, for the service of the colony. 

Voted and ordered by this Assembly, that £120 be drawn 
out of the general treasury for laying of a platform, and mount- 
ing the guns at Fort Ann ; and Mr. George Goulding is ap- 
pointed to see the same performed, and to draw the same out 
of the treasury for the said use, and to render .an account there- 
of, to the Assembly. 

Ordered, that the treasurer procure two barrels of powder, 
for the use of the fort. 

God save the King. 



Proceedings of the General Assembly held for the Colon?/ of Rhode 
Island and Providence Plantations, at Neivport, the Sth day of 
her, 1719. 



(Present.) 
The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. John Wickes, 

Major James Brown, Mr. Stephen Hazard, 

Mr. Thomas Cornell, Mr. Elisha Cole. 

Mr. William Anthony, recorder. 

Richard Ward. 



1719.] AND PROVIDENCE PLANTATIONS. 257 

His Honor, the Governor, laid before this Assembly a letter 
from Josiah Willard, Esq., secretary of the Province of the 
Massachusetts Bay, by order of the Governor and council of 
said Province, desiring this government to allow the charges 
of changing the counterfeit bills made on the Greenmans' 
plates, and to allow double damages to those that have been 
defrauded by them, and to reimburse the £150 charges the 
said Province was at in the discovery of the counterfeit plates, 
which being duly considered, — 

It is ordered and declared by the Assembly, that when all 
the counterfeit bills, made on the Greenmans' plates, be brought 
in and exchanged, and the charges of this government be duly 
paid, that then if there be sufficient left of the Greenmans' 
fines, the Province of the Massachusetts Bay shall be reimburs- 
ed the £150 by them given as a reward to Joseph Jones, for 
the discovery o the counterfeit plates. 

And it is also ordered and declared by this Asse I 

the possessors of the counterfeit bills, made on the Greenm 
plates, do bring the same into the general treasurj of this colo- 
ny before, or upon the 1st day of May next ensuing, upon the 
penalty of losing the benefit of changing all such counterfeit 
bills as shall not be brought in at said time. 

An Act for the establishing of watches throughout this colony, 
both in time of war and peace. [See public laws for 1710, 
p. 109.] 

His Honor, the Governor, Lieut. Col. Wm. Coddington and 
Richard Ward be, and they hereby are appointed a committee 
to correct the errors of the press, committed in printing the 
laws of this colony, and to get them printed, and annexed 
thereunto an act in explanation of an act entitled " an act for 
the distribution and settling of intestates's estates." 

Whereas, there was an act of the General Assembly of this 
colony, passed at Newport, September the 9th, 1718, entitled 
* an act for the distribution and settling of intestate estates, 
in which said act it is declared that the real estate of every 

vol. iv. 33 



258 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

person that dieth intestate, shall be divided amongst his chil- 
dren, to wit : to his eldest son a double portion, &c, and to 
each of his other children one equal part or share, and that if 
such intestate die without children, that then the real estate of 
such intestate shall be equally divided amongst such of the 
next of kin of the intestate within equal degree, &c, as in said 
act is declared, without having regard to estates tail, where the 
tenant in tail cannot devise the same, whereby an estate tail 
will be destroyed by dividing, and contrary to the intent of 
the first testator ; — 

Wherefore it is enacted by this Assembly and by the au- 
thority of the same, that neither the aforesaid act, nor any of 
the clauses therein, shall be taken, deemed or construed to ex- 
tend to divide any estate tail where the tenant in tail dieth in- 
testate ; but that all estates tail shall enure according to the 
laws of England ; any clause in the aforesaid act, notwith- 
standing. 

The representation of His Honor, the Governor, for rebuild- 
ing of Fort Ann, is referred to the next General Assembly. 

The committee to run the line between this colony and Con- 
necticut, to meet at Mary Carder's, the first Tuesday in Octo- 
ber next ; and to notify Connecticut commissioners thereof. 

This Assembly desire His Honor, the Governor, to give pro- 
per instructions to our agent in Great Britain, to act for the 
interest of this government, and to improve any gentleman of 
the law to assist therein. 

And this Assembly is dissolved. 

God save King George. 

Caleb Heathcote to the Board of Trade. 

Newport, Rhode Island, September the 7th, 1719. 
My Lords: It being incumbent on me to lay before your Lordships some laws 
and proceedings of the charter governments, which are of extraordinary nature, 
and, in many respects, hurtful to the prerogative and service of the crown, and 
contrary to the acts of trade, made for the plantations ; in which, if they are not 
kept to a strict observance of, and made sensible of their dependence on Great 
Britain, as they are daily growing very numerous and powerful, so a neglect the\-e- 
in, may with time, be attended with very ill consequences. 



1719.] AND PROVIDENCE PLANTATIONS. 259 

I need not acquaint your Lordships, that notwithstanding they have oft received 
commands for sending home their laws, it has hitherto, in this government, been 
wholly neglected ; and they nevertheless presume to put them in execution, though 
many thereof are repugnant not only to the laws of Great Britain, but even to the 
express words of their charter. 

I shall instance some of them. One whereof, is a law for issuing bills of credit 
for £40,000, of which £30,000 was directed by the act, to be let out on land securi- 
ty, at up for five per cent. ; and notwithstanding, the interest arising from it, was 
appropriated for repairing a fortification, by which this harbor is secured. Yet not 
a penny thereof (although 'tis near five years since that law was made) has been 
applied or expended for that purpose ; although the walls of that garrison are all 
decayed and tumbling down, the gun carriages rotten, and many of the guns lying 
amongst the rubbish ; by means whereof, this place is exceedingly exposed to the 
insults either of pirates, or declared enemies ; nor can the officers of His Majesty's 
customs be safe in putling the acts of trade in force, because on seizing of any ves- 
sel for illegal trade (being out of command), they may easily be carried off to sea, 
or made willing to be put on shore, and which hath been several times, and very 
lately, practices in the charter governments. 

Another law was made in this colony, entitled " an act for establishing of fees ;" 
by virtue whereof, the officers of His Majesty's customs have been most grievously 
insulted and abused ; which occasioned my applying to the honorable, the commis- 
sioners of His Majesty's customs, and they took the attorney general's opinion thereon, 
who declared that the execution of such laws were just reasons for forfeiting their 
charter ; and the commissioners directed me, and by their letter threatened the 
government with a scire facias, if they insisted on such laws, which I acquainted the 
Governor and Assembly by letter, withall, but without receiving any answer. 

And can't omit humbly observing to your Lordships, that upon former complaints 
sent home, threats of that nature having been oft signified to these governments, 
and nothing further happening upon it, thus occasioned their abuse of that gracious 
indulgence, and has only been a means to confirm them in that absurd notion of 
their laws being sufficient in themselves ; and to have no need of the royal assent to 
confirm them. 

But I hope your Lordships will think of such measures, thoroughly to convince 
their presumption therein, and at least oblige them to send all such laws home ; 
whereby any duties or imposts are laid on trade and merchandize or any other, 
whereby they pretend to subject any of the officers of His Majesty's customs, to 
rules of their own making ; for while they have a power (as they imagine) of mak- 
ing laws separate from the crown, they'll never be wanting to lessen the authority 
of the King's officers, who, by hindering them from a full freedom of illegal trade, 
are accounted enemies to the growth and prosperity of their little commonwealths. 

And 'tis very wonderful to me, who am thoroughly acquainted with the temper 
of the people, that none of His Majesty's officers of the customs, have been mobbed, 
and torn in pieces by the rabble, and of which some of them have very narrowly 
escaped ; an instance whereof, happened in this town, to the present collector, who 
having made seizure of several hogsheads of claret, illegally imported, and notwith- 
standing he had the Governor's warrant, and the high sheriff, besides his own offi- 
cers to assist, and took the. claret in the day time, yet the town's people had the in- 
solence to rise upon them, and insult both them and the civil officers ; and having, 
by violence, after a riotous and tumultuous manner, rescued and possessed thein- 



260 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

selves of the seizures, set the hogsheads ahead, and stove them open, and -with pails 
drank out, and carried away most of the wine, and then threw the remainder into 
the streets. 

This tumult was no sooner over, but one Mr. John Wanton, who uses the sea, 
and is master of a sloop, a magistrate, of the people's choice (as may be reasonably 
supposed), for keeping up the rage and humor of the mob, did immediately issue 
out his warrant for apprehending of Mr. Kay, the collector, under pretence of his 
taking other, and greater fees for clearing of vessels, than the laws of this colony 
allowed of (and which amounted to only two shillings sterling) ; but the matter be- 
ing fully examined before the Governor, and it appearing that he had taken no 
greater fees than above mentioned, and which had always been accustomary, and 
that the prosecution was maliciously intended to expose the collector, he was dis- 
missed. But Mr. Wanton not satisfied with what the Governor had done, and be- 
ing willing to ingratiate himself amongst his neighbors, who had so lately advanced 
him, issued out a second warrant for the very same fact ; and to magnify his zeal 
on that occasion, had him arrested, and taken into custody in the custom house, 
Avhile in his duty, and thence hurried him away, amidst a crowd of spectators, re- 
fusing to admit him to bail. 

These are such unheard of proceedings, as will, I humbly suppose, induce your 
Lordships to believe that such a person as Mr. Wanton is unworthy of authority, 
under color whereof, he so highly abuses and discourages the officers of His Majes- 
ty's customs in the discharge of their duty. 

I most humbly beg your Lordships' pardon for the freedom I have taken in writ- 
ing so long a letter, it being not possible for me to have given in fewer words, so 
clear and full a view of the crown's sufferings by the contempt and ill usages of His 
Majesty's officers, and which are chiefly owing to that unlimited power, the charter 
governments lay claim to, of making laws, and requiring an obedience to be paid 
to them, before their first passing your Lordships' approbation, and had the 
royal assent ; a misconduct, I humbly hope your Lordships will be pleased to have 
redressed in such ways, as in your great wisdom shall be thought most proper ; 
there being nothing I have so much at heart, as to serve His Majesty in the best 
manner I can, and on every occasion to approve myself, my Lords,* 

Your Lordships' most faithful and most obedient humble servant, 

CALEB HEATHCOTE. 

To the Right Honorable, the Lords Commissioners for Trade and plantations. 



J. Carter Brown's Manuscripts Vol. VIII. No. 538. 



1719.] 



AND PROVIDENCE PLANTATIONS. 



261 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Wanvick, the last 
Wednesday of October, 1719. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Major Randall Holden, 

Capt. Jonathan Nichols, Mr. John Wickes, 

Major James Brown, Mr. Stephen Hazard, 

Mr. William Anthony, Mr. Elisha Cole. 



RECORDER. 

Richard Ward. 



SHERIFF. 

Lieut. Col. Wm. Coddine:ton. 



DEPUTIES. 



For Newport. 
Col. Wm. Wanton, 
Major Nath'l Coddington, 
Lieut. Col. John Cranston, 
Capt. Joseph Whipple, 
Mr. George Goulding. 

For Providence. 
Capt. Valentine Wightnian. 

For Portsmouth. 
Mr. Stephen Brownell, 
Mr. Gideon Freeborne, Jr., 
Mr. William James, 
Mr. Albro Anthony. 



For Jl'arivicJc. 
Major Job Greene, 
Capt, Benj. Greene, 
Capt. Samuel Greene, 
Mr. Israel Arnold. 

For Westerly. 

Mr. Samuel Rogers. 

For Kingstown. 

Capt. John Eldredge, 

Mr. Jeremiah Gould. 



262 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 



DEPUTIES. 

For East Greenwich. For Jamestoivn. 

Mr. Thomas Spencer, Mr. Teddenian Hull, 

Mr. Thomas Nichols. Mr. William Battey. 

Col. William Wanton, speaker. 
Mr. Thomas Spencer, clerk. 

Voted by this Assembly, that Mr. Stephen Arnold and Mr. 
Jacob Clarke, who were returned representatives from the town 
of Providence, are not qualified to sit as members of this Gen- 
eral Court of Assembly. 

Thomas Richardson, of Newport, in the colony aforesaid, 
merchant, appellant from a judgment of a General Court of 
Trials, held at Newport, within and for said colony, on the first 
Tuesday of September last past, in an action of the case, Na- 
thaniel Nudigate, of said Newport, gentleman, appellee, where 
judgment of said General Court of Trials was rendered for the 
appellee, then defendant, on a rehearing for the sum of £20 
and costs ; — 

The appellant and appellee being duly heard, and the case 
duly considered, this Assembly do adjudge and decree, that the 
judgment of the said General Court of Trials be abated £19 
out of the £20, there recovered ; and that the appellee, Na- 
thaniel Nudigate, have his costs. Costs taxed, is £2 10s. 2d. 

Ordered by this Assembly, and by the authority of the same, 
that the sheriff sell all the personal estate of Reuben Hull (who 
is now in His Majesty's jail, convicted of murder), for the de- 
fraying the charges accruing on the same ; and also, that he 
keep the possession of his real estate, until further order from 
the General Assembly. 

In answer to the memorial of Edward Winslow, Esq. and 
James Allen, gentleman, for an allowance for their time, charge 
and trouble in exchanging the sum of £410 Is. of counterfeit 
bills ;— 



1719.] AND PROVIDENCE PLANTATIONS. 263 

This Assembly do declare and order, that no travelling 
charges be paid out of the Greenmans' fines, &c, until all the 
counterfeit bills are brought in and exchanged, and the charges 
of this government first duly repaid. 

Whereas, by a letter to the Governor and company of this 
colony, from the lords commissioners of trade, &c, for the for- 
eign plantations, we are ordered to send home a chart or map 
of this colony ; — 

In obedience thereunto, it is ordered by this Assembly, that 
a committee be appointed, and accordingly this Assembly do 
appoint and empower the Honorable Joseph Jenckes, Esq., 
deputy governor of this colony, Major Randall Holden, Col. 
Win. Wanton and Major Thomas Frye, a committee to run the 
lines, and make a plat or chart thereof, and return thereof to 
make to the General Assembly in May next ; and Mr. John 
Mumford is appointed surveyor for the said work. 

And they also are continued a committee to run the line 
between this colony and Connecticut, with their commissioners ; 
and if they neglect, then to perforin the same without them. 

An Act enabling the town councils of each respective town in 
the colony to take care to preserve and improve the fishing 
of the several rivers in their respective jurisdictions, and to 
prevent obstructions from being made, to hinder the same. * 
[See public laws for 1719, p. 110.] 

Whereas, complaint has been made to this Assembly, that 
William Sullivant and Richard Knight, son of Ann Knight, 
both of Providence, on the 26th of September last past, being 
training day, did, with others, abuse Capt. Thomas Harris of 
said town, in the due execution of his office ; and also that 
Ebenezer Sprague and Josiah Thornton, did, in a tumultuous 
manner, on the 5th of this instant October, at a training of 
said company, brought a petition amongst them to sign, peti- 
tioning the General Assembly of this colony for repealing the 
act relating In the militia; which petition they encouraged 



264 RECORDS OF THE COLONY OF RHODE ISLAND [1719. 

them to sign, contrary to the statutes in such cases made, 
which tends much to the raising of tumults and riots ; — 

For the preventing whereof, it is ordered by this General 
Assembly, and by the authority of the same, that His Honor, 
the deputy governor, the colonel and major of the regiment on 
the main land, with the civil authority of said town, call before 
them the aforesaid William Sullivant, Richard Knight, Ebene- 
zer Sprague and Josiah Thornton, and so many of the other 
tumultuous persons as they shall think meet ; and upon exam- 
ination, if they find just cause, to bind them over to the next 
General Court of Trials, to answer the same. 

Whereas, it hath been plainly laid before this Assembly, that 
Reuben Hull (who was at the last General Court of Trials and 
general jail delivery, held for this colony, condemned to die on 
the 10th of November next), hath been troubled with lunacy sev- 
eral times before the committing of the aforesaid murder ; and 
has ever since appeared in a stupified and insensible condition, 
the which being duly considered ; — 

This Assembly do reprieve the aforesaid Reuben Hull from 
the execution of the aforesaid judgment of the General Court 
of Trials and general jail delivery, until the second Wednes 
day of May next, and he is reprieved accordingly. 

An Act declaring what town officers are exempt from serving 
as jury men in the General Court of Trials and general jail 
delivery. [See public laws for 1719, p. 110.] 

An Act establishing vendue masters throughout this colony 
[See public laws for 1719, p. 111.] 

God save King George. 



1720.] 



AND PROVIDENCE PLANTATIONS. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 3d day of 
May, 1720. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 



DEPUTIES. 



For Newport. 
Col. Win. Wanton, 
Capt. Job Almy, 
Lieut. Col. John Cranston, 
Capt. Jos. Whipple, 
Capt. Henry Bull, 
Mr. George Goulding. 

For Providence. 
Major Wm. Smith, 
Mr. Hope Angell. 

For Portsmouth. 
Mr. George Cornell, 
Mr. Giles Slocum, 
Mr. Jos. Brownell, 
Mr. Wm. Coggeshall. 



For Warwick. 
Mr. Anthony Low, 
Mr. Stephen Arnold, 
Capt. Benjamin Greene. 

For Westerly. 
Capt. John Babcock, 
Mr. Thomas Hiscox. 

For Neio Shoreham. 
Capt. Simon Ray, 
Mr. Robert Westcote. 
For Kingstoivn. 
Mr. Daniel Pierce, 
Mr. Rouse Helme. 

For Fast Greemvich. 
Major Thos. Fry. 

For Jamestown. 
Mr. Robert Taylor, 
Mr. Benedict Arnold. 



Col. William Wanton, speaker. 
Capt. Joseph Whipple, clerk. 
vol. iv. 34 



266 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 



FREEMEN ADMITTED AT THIS ASSEMBLY. 

Benjamin Wilson, Francis Gilbert, Isaac Smith, Samuel 
Warkinan, Jr., Stephen Mumford, Jr., Peter Easton (son of 
John Easton), John Dickinson, Godfrey Malbone, Samuel Al- 
len, Charles Whitfield, Samuel Darling, Thomas Gould, Jr., 
John Easton, Jr., John Gould, John Clarke, Giles Slocum, Sam- 
uel Snell, Thomas Burroughs, Ezekiel Burroughs, Christopher 
Almy, Jr., Henry Collins, Richard Tripp, Samuel Dunn, Geo. 
Dunbarr, Samuel Whitehair, of the town of Newport, are ad- 
mitted freemen of this colony. 

Joseph Shearman, John Lawton, Jeremiah Fish, Joshua 
Coggeshall, Josiah Arnold, John Anthony, Jno. Shearman, 
William Potter, Jr., Thomas Cooke (son of Joseph Cooke), and 
Ebenezer Allen, all of Portsmouth, are admitted free of this 
colony. 

Elkanah Johnson and John Knowles, of Warwick, are ad- 
mitted freemen of this colony. 

Caleb Littlefield, Jr., George Mitchel, Gideon Ray and Thos. 
Rathbone, Jr., all of the town of New Shoreham, are admitted 
freemen of this colony. 

Benjamin Sheffield, Edmond Sheffield, Daniel Smith and Pe- 
ter Crandall, all of Kingstown, are admitted freemen of this 
colony. 

John Frye, Ishmael Spink, John Wilson, William Hambleton, 
John Greene (son of Benjamin Greene), Benjamin Greene, Jos. 
Hopkins, Jeremiah Jones, Daniel Hill, John Case, Wm. Case 
Richard Sweet, Jr., John Greene (son of John Greene), Heze- 
kiah Matthewson, Nathaniel Niles, John Mackenny, Wm. Da- 
vis, Jos. Sweet, and Samuel Spencer, all of the town of East 
Greenwich, are admitted freemen of this colony. 

John Hull, Jr., of Jamestown, admitted a freeman of this 
colony. 



1720.] AND PROVIDENCE PLANTATIONS. 267 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1720. 

Col. Wm. Wanton, speaker. 
Mr. Rouse Helnie, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor, 

ASSISTANTS. 

Lieut. Col. John Wanton, Mr. William Anthony, 

Capt. Jonathan Nichols, Major Randall Holden, 

Major James Brown, Mr. John Wickes, 

Mr. Nicholas Power, Mr. Stephen Hazard, 

Mr. Thomas Cornell, Mr. Elisha Cole. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTTORNEY. 

Lieut. Col. Wm. Coddington. Mr. Weston Clarke. 

FIELD OFFICERS OF THE MILITIA. 

Col. Wm. Wanton chosen colonel of the regiment on the is- 
lands, and engaged. 

Col. Jos. Whipple, chosen colonel of the regiment on the 
main land, and engaged. 

Lieut. Col. William Coddington, chosen lieutenant colonel of 
the regiment on the islands, and engaged. 



268 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

FIELD OFFICERS OF THE MILITIA. 

Lieut Col. George Hazard, chosen lieutenant colonel of the 
regiment on the main land, and engaged. 

Major Benjamin Bull chosen major of the regiment on the 
islands, and engaged. 

Major William Crawford, chosen major of the regiment on 
the main land, and engaged. 

Voted, that one justice be added to the town of Providence^ 
and one to the town of Westerly. 

John Russel, of Newport, in the colony of Rhode Island, &c. ? 
tailor, and Aaron Milliman, of said Newport, tailor, appellants, 
in an action of debt, damage £40, current money of New Eng- 
land, from a judgment of a General Court of Trials, held at 
Newport, the last Tuesday of March last past ; John Langford, 
of said Newport, merchant, appellee : — 

The appellants' and appellee's reasons being duly heard and 
maturely considered, this Assembly do adjudge that the afore- 
said bond, upon the which the aforesaid John Langford sued 
the aforesaid appellants, and recovered against them as afore- 
said, be, and it is hereby chancerized down to £10 ; being the 
just damages ; and that the appellee have his costs. Costs 
taxed £2. 

Edward Mott, of Kingstown, in the colony aforesaid, hus- 
bandman, appellant, from a judgment of a General Court of 
Trials, held at Newport, within and for said colony, on the last 
Tuesday of March last past, in an action of debt, damage 
£500, current money of New England, Jahleel Brenton, of said 
Newport, Esq., appellee ; at which said court, the said appellee 
recovered the £'500 sued for, and cost of court : — 

The appellants and appellees' reasons and allegations being 
duly heard, and the damages the appellee sustained, duly con- 
sidered, this Assembly do adjudge and decree, that the now ap- 
pellee have the aforesaid bond of £500 chancerized clown to 
the just damages sustained — £15 ; and it is chancerized down 
to £15, accordingly ; and that the appellee have costs. Costs 



1720.] AND PROVIDENCE PLANTATIONS. 269 

taxed, is £i lis. From which judgment, the said Jahleel 
Brenton, appellee, desired an appeal to His Majesty in coun- 
cil, in Great Britain. 

The Assembly, considering the damages the said Brenton 
suffered are but £15, and so under the sum allowed for 
appeals, by the law of the colony, do refuse to grant said 
appeal. 

John Freebody of Newport, in the colony aforesaid, mariner, 
appellant, from a judgment of a Court of Trials, held at New- 
port, aforesaid, within and for the colony aforesaid, on the last 
Tuesday of March last past, in an action of the case, damage 
£70 current money of New England, Joseph Whipple, of said 
Newport, merchant, appellee, at which said General Court of 
Trials, judgment was rendered for the now appellee, then de- 
fendant, for costs of court ; — 

And the appellant's and appellee's reasons being duly heard 
and maturely considered, this Assembly do adjudge and decree 
that the aforesaid judgment of the aforesaid General Court of 
Trials, be affirmed for the now appellee ; and that the appellee 
have his costs. Costs taxed £2 00s. 8<£ 

The appellant prayed an appeal to His Majesty in council, 
in Great Britain ; which this Assembly refuse to grant, for that 
the same is not allowed by the laws of the colony ; the cause 
in controversy, being under £300. 

Whereas, Reuben Hull, now a prisoner in His Majesty's jail, 
condemned for murder, was reprieved by the General Assem- 
bly, held for this colony, on the last Wednesday of October 
last, until the second Wednesday of this instant May, and this 
Assembly taking the premises into their serious consideration, 
do see cause that the said Reuben Hull be, and he hereby is 
further reprieved until the 23d day of June next. 

Ordered, that His Honor, the Governor, still continue to 
change the counterfeit bills made upon the Greenmans' plates, 
until farther order of the Assembly. 

Ordered, that the last year's audit, or the major part of 
them, for the auditing of the general treasurer's and naval offi- 
cer's accounts, be still continued for the same work. 



270 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

Their Honors, the Governor and deputy governor, are desir- 
ed to draw up a letter to be sent home, to the lords commis- 
sioners of trade, &c, for the foreign plantations, with the plat 
or chart, of our government. 

Ordered, that Lieut. Col. William Coddington, and Capt. Jo- 
seph Whipple, be a committee appointed to examine the ac- 
counts between John Rhodes, of Newport, and John Astin, of 
Kingstown, and make report how they find the said account, to 
the next General Assembly, to be held on the 1st of June 
next. 

Voted, that all petitions and other things that now lie 
before this Assembly, be referred to the next sitting of this 
Assembly. 

And this Assembly is adjourned to the 14th of June next. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at NeivporL the \Uh day of 
June, 1720. 

The Hon. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. William Wanton, speaker. 
Mr. Rouse Helme, clerk. 

Ordered and voted, that John Dublin have £4 per annum 
paid him out of the general treasury of this colony, during his 
natural life, being for the loss of one of his eyes in the public 
service. 

And it is also voted, that William Cheach, an Indian man, 
have one trucking cloth blanket every year out of the general 
treasury, during his natural life, for the loss of one eye in the 
public service. 

Whereas, the time set by the Assembly, for bringing in of 



1720.] AND PROVIDENCE PLANTATIONS. 271 

the counterfeit bills made on the Greenmans' plates, in order to 
be exchanged, expired on the 1st day of May last past, and 
it is supposed that all of the counterfeit bills made on said 
plates are not yet brought in ; — 

Therefore, it is ordered and declared by the General Assem- 
bly, that the possessors of all such counterfeit bills shall bring 
them into the general treasury of this colony, in order to be 
exchanged by the 1st day of May next, or else shall lose the 
benefit of having them exchanged. 

Ordered and voted, that His Honor, the Governor, be allowed 
£50 out of the general treasury, in gratuity for his good ser- 
vice the last year ; and also, that the deputy governor be al- 
lowed out of the general treasury £30, in gratuity for his good 
service the last year. 

Ordered, that the deputy governor and Major Fry go to 
Westerly, in order to take depositions relating to the proceed- 
ings of the commissioners, in the year 1665; and that their 
charge be borne out of the general treasury. 

Whereas, several persons, who are of this body politic, scru- 
ple to take an engagement where the words " as in the pres- 
ence of God," is in, whereby the corporation is much hurt, for 
want of their service in the same ; — 

Be it therefore enacted by the General Assembly, and by 
the authority of the same it is enacted, that the words, " as in 
the presence of God," in the deputies' engagement, be left out 
of the same, and omitted ; any former law, usage or custom to 
the contrary hereof, anywise notwithstanding. 

This Assembly do desire His Honor, the Governor, to send 
to the government of Connecticut, to know whether they'll re- 
pair half of Pawcatuck bridge. 

Ordered, that Samuel Dyre, gunner of Fort Ann, be allowed 
£10 out of the general treasury, for the wharf and cause- 
way, by him built on Fort Island, including his accounts of 
charges on the old boat. 

Whereas, the inhabitants of the north-west part of the town- 
ship of Providence, living at or near a place called Wiorik- 
heague, petitioned this Assembly, for to have a company or 



272 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

trained band (separate from the others), in their part of said 
town, for that they are obliged to go twelve or fourteen miles 
to training, and often fined, because they cannot attend the 
same ; — 

The which petition, being duly considered, this Assembly do 
enact, and by the authority of the same, it is enacted, that the 
aforesaid north-west part of the township of Providence, at or 
near a place called Wiorikheague, be a separate and distinct 
company or trained band, with all the privileges and benefits 
as any other company of militia in the said town enjoys ; and 
that His Honor, the deputy governor, Col. Jos. Whipple- and 
Major Wm. Crawford, state and settle the bounds of said com- 
pany, how far they shall extend. 

Whereas, Reuben Hull, of Kingstown, in the colony of Rhode 
Island, &c, yeoman, was, at a General Court of Trials and general 
jail delivery, held at Newport, within and for said colony, on the 
first Tuesday of September, 1719, sentenced to be hanged till 
he was dead (for a murder, of which he was convicted, at said 
court), on the 10th day of November, then next following, and 
he, the said Reuben Hull, being reprieved by the General As- 
sembly, sitting on the first Wednesday of May, last past, the 
said Reuben Hull was further reprieved until the 23d day of 
this instant June ; and by the General Assembly sitting at 
Newport, the 4th of June, 1720 ; — 

It is ordered and voted, that the said Reuben Hull, be no 
longer reprieved ; and that His Honor, the Governor, as chief 
judge of the General Court of Trials, and general jail delivery, 
do grant and give forth to the sheriff a death warrant, to exe- 
cute the said Reuben Hull on the 23d day of this instant June, 
between the hours of 11 of the clock, in the forenoon, and 4 of 
the clock, in the afternoon. 

Ordered, that the Governor send a messenger to the General 
Assembly of Connecticut, at their next sitting, to have their 
positive answer whether they will stand to the agreement of 
the commissioners of the two colonies for the settling of bounds 
or not. 

God save King George. 



1720.] AND PROVIDENCE PLANTATIONS. 



At a General Assembly holden at Hartford, in His Majesty's Col- 
ony of Connecticut, in New England, on the lith day of May, in 
the fifth year of the reign of our Sovereign Lord, George, King of 
Great Britain, &c, Anno Domini 1719. 

Whereas, there has been a claim of land on the eastward part of this colony, in 
the name of the Honorable Samuel Cranston, Esq., Governor of His Majesty's col- 
ony of Rhode Island, and William Wanton and Job Greene, Esqs., of the same 
colony, laid before this Assembly, by the committee appointed by the Assembly in 
October last, to view the lands of Voluntown, and those adjacent thereunto, where- 
by they assert a right to the lands as far as a line of twenty miles, extends from a 
certain station in Warwick ; and forasmuch as it is of necessary consequence to the 
settling of the lands in those parts, that the said line be carefully surveyed and run 
by surveyors and men under oath to carry the chain ; — 

Ordered, that William Pitkin, Esq., and the surveyors of the county of New Lon- 
don, with such others to assist in carrying the chain, as they shall judge neecessa- 
ry, attend that service, in behalf of this government, according to such directions 
as they shall receive from the Governor and council, joining therein with such sur- 
veyors and other persons, as shall be appointed by the government of Rhode Island 
to run the said due west line, taking care that such as carry the chain, be under 
oath, to to carry the said chain faithfully, and as exactly as they can ; and they 
shall make report of their doings therein to this Assembly in October next. And 
the Governor is hereby desired to give notice of this conclusion to the Houorable 
Samuel Cranston, Esq., Governor, as aforesaid, desiring the concurrence of the 
government of the said colony, herewith.* 



Report of the Connecticut Commissioners. 

To the Honored General Assembly, sitting at Hartford, May 12, 1720: 

Whereas, this Assembly did, in their session in May last, nominate and appoint 
William Pitkin, Esq., and myself, to join with several gentlemen of the colony of 
Rhode Island, commissioned by their Assembly to run and measure the twenty 
miles line from a certain station in Warwick, due west; — 

In obedience thereto, we went on the said service, with persons to assist in car- 
rying the chain, and met with the said gentlemen on the 12th instant, at the house 
of Mrs. Carder, in Warwick, who were, Major Giucks, the deputy governor, Col. 
Wanton, Major Frye, Major Holden, and Capt. Mumford, with such others as at- 
tended them, who showed their order to join with us ; but after some conference 
with the said commissioners, they told us they would not join with us, unless we 
would join with them to run all the lines between the governments, as well as the 
aforesaid twenty miles line. 



* Pub. Records of Connecticut, Vol. V. p. 167. 
VOL. IV. 3 5 



274 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

As for the other lines, besides the said twenty miles line west, we told them we 
had no order to join with them ; and Mr. Pitkin asked them whether they were wil- 
ling we ourselves should measure the said twenty miles line ; they said no, they were 
not willing, unless we had power to run with them all the aforesaid lines, or to that 
purpose. They were again asked, whether they were willing we should go with 
them, and observe how they measured the said twenty miles line, to which they 
consented, and told us they were not only to measure that line, but all the lines of 
their government, in order to send a plat of their colony to England, as they were 
commanded. 

And on the 13th instant, we went with the said gentlemen to see the said twenty 
miles measured from a rock on the westerly side of Warwick Neck, which they 
said was the most easterly corner of said neck, and they were willing that their sur- 
veyor and myself should join to take a survey of the distance over the bay from the 
said neck westward, to Warwick main land, by Boston road, at a tree marked ; and 
from the said rock on the neck, to the aforesaid tree, is west five degrees and a half 
north ; and we agreed, after a survey of the same, that the dislance over the bay 
from station to station, was almost three miles and a half ; I found it to be three 
miles and one hundred and forty perch ; and their surveyor found it to be three 
miles and one hundred and fifty-two perch. 

And so from this tree by the road, they run west seven degrees north, and their 
chainmen followed ; we also went with them, until the said twenty miles were 
out, by their account, which reached almost half a mile westward, beyond the 
bounds they had formally made ; and by our observation we made of their measure, 
I think we all agreed it was too large ; and were it done by indifferent men, under 
oath, it would not come so far westward, by a considerable matter ; for one of the 
chainmen, if not both, were interested persons. 

After this was over, I stayed at the house of Francis Smith awhile, after Mr. 
Pitkin went homeward, until the aforesaid commissioners came there for lodging ; and 
in discourse with them, I told them that our government would never be satisfied 
with their measure of the said twenty miles, until it was done by indifferent men, 
under oath. To which they answered, they had been at a great deal of needless 
charge already, and were disappointed of meeting us the last fall, and if it must be 
done by indifferent persons, it must be wholly at our government's charge. 

This is the substance of what I observed. I have here enclosed a plat of Pawca- 
tuck river, to the pond, which plat I took out from a plat Mr. Mumford had, who 
told me he made it himself, after the surveys of the said river had been taken by 
Capt. Carder, deceased. 

I have since showed this plat to a man in the town of Preston, who was born and 
brought up by the said river, and says he is well acquainted with the several cours- 
es, and he tells me this map or plat, is a plain description of the said river.* 
This is all, from your humble servant, JOHN PLUMBE. 

New London, April 18th, 1720. 

For the General Assembly, at Hartford, sitting May 12th, 1720. 



* Connecticut Records, Colonial Boundaries, Vol. I. Doc. 208. 



1720.] AND PROVIDENCE PLANTATIONS. 275 



Letter from Connecticut to Rhode Island. 

Hartford, June 1, 1720. 

Gentlemen : — We have been informed by the commissioners appointed on the 
behalf of this colony, to join with such as you should appoint, for running a line of 
twenty miles in length, due west from a rock, lying in the south-east corner of War- 
wick, (and who attended for that end, according to your appointment, at Warwick, 
the 12th of last month), that your commissioners refused to join with them in run- 
ning that line, unless they would agree to proceed and set up a line of division be- 
tween the colonies from the place where the said twenty miles should terminate. 

We are much surprised at the report. It was upon a memorial relating to the 
property of some lands supposed to be in this colony (which memorial was signed 
by the Honorable Samuel Cranston, Esq., your Governor, and others), that we 
agreed to assist, by commissioners, in running that line, that we might be the better 
able to resolve concerning the right claimed ; without which, we could not so well 
answer the desire of that memorial, as the act we passed thereon (a copy of which 
was sent you), will make very manifest. 

We had no thought, at that time, of settling the line between our colonies, which 
has too often been fruitlessly endeavored ; nor is there any word in our act referring 
to it ; so that the rejecting of our commissioners, upon the special business they were 
appointed to assist in, because they would not proceed to another, which was for- 
eign to it, and about which there was no concert between us, is a matter which we 
believe you will think needs some explanation. 

As for the fixing of the line between us, we would be very glad, if it were fairly 
accomplished ; you know how often we have endeavored it by commissioners fully 
empowered for that end ; and particularly once, (since that matter was, by order 
of the crown, argued before the late Earl of Bellamont, when he was governor of 
the Massachusetts Bay), viz. : at Stonington, about seventeen years since, when, had 
the commissioners you sent, been fully empowered to determine the matter, as ours 
were, something might have been done effectually. But for want of such power, 
our commissioners could not make a better use of the opportunity, than to discover, 
as well as they were able, how far your desires might carry you beyond the bounds 
of your colony, as set in your charter ; though, as we conceive, they entrench upon 
the prior grant and charter of the crown made to us. And it was very manifest by the 
transaction at that meeting, that you were not willing (if your commissioners ac- 
cording to the instructions you gave them), to rest contented with Pawcatuck river, 
mentioned in your charter, as your boundary west, as far as it goes into the coun- 
try, towards the north, unto the head thereof. 

You are not ignorant how Pawcatuck river came to be named Narragansett 
river, purely in your favor, after our charter was executed, which carried us to 
Narragansett bay, and what a large addition was designed to be thereby made to 
your colony. 

It seems, therefore, to us, the more strange that you should not rest with that river 
as a boundary ; and a north line from the pond (which is so well known to be the head 
of it), to the Massachusetts line ; since that agreement between the agents of both 
colonics, in England, (upon which foundation your charter fixes your western 



276 RECORDS OP THE COLONY OB' RHODE ISLAND [1720. 

bounds), is what you seemed to insist upon, though to us it seemed not to be of 
such force. 

We are in no doubt, but whenever that matter comes to be determined, you will 
find yourselves under a mistake, in pretending to extend the bounds of your colony 
as far west as Warwick purchase is supposed to reach ; and though we were wil- 
ling, whatever might be the just right of the gentlemen who made that purchase, 
as to the soil, should be allowed them, yet, you cant reasonably imagine we 
should be willing that under that pretence, you should annex it to your colony, 
and assume the government of it, which of right belongs to us, even according to 
the tenor of the agreement of our agents, upon which you have such dependence. 

We have been careful, since that line is yet In dispute, not to suffer any of our 
grants to be carried beyond the easternmost part, or head of the Pawcatuck river, 
as supposing it a friendly part to keep a fair distance from anything that may look 
like an encroachment on our neighbors. 

And we cannot but think it would be fair and honorable on your part to observe 
the same measures ; and not advance any settlements to the westward of the known 
head of Pawcatuck river, which, besides that it may prove a great damage to 
the people settling there, so it will not express that regard to peace and good neigh- 
borhood, which we willingly cultivate, and hope you will have a suitable regard to. 
We are, gentlemen, 

Your very humble servants, 
The Governor and Company of the English colony of Connecticut. 

Signed per their order, HEZ. WYLLYS, Secretary. 
To the Honorable, the Governor and Company of His Majesty's colony of 
Rhode Island and Providence Plantations. 



Letter from Rhode Island to Connecticut. 

Newport, Rhode Island, July 7th, 1 720. 

Gentlemen : — Your letter, or remonstrance, bearing date from Hartford, June 
the 1st, 1720, is communicated unto us, by our Honored Governor (and is now be- 
fore us) ; and upon observing the contents thereof, we perceive the whole scope 
and drift of your said remonstrance, is to give us to understand (and so we take it), 
that you will not comply with the agreement of the line between the two colonies, 
made at Stonington, in the year 1 703, but wholly decline and reject that agree- 
ment, by reason (as you say), that our commissioners were not fully empowered. 

We shall not insist upon the force and validity of the power given to our com- 
missioners, since it is by you rejected ; neither do we reflect upon the fallacious- 
ness of your commissioners at that time, in making such a solemn and formal 
agreement under [their ] hand and seal, purely to discover how far our desires (as 
you intimate), would carry us beyond the bounds of our colony, as set in our char- 
ter. This is one of the many fruitless endeavors that hath been made for an amica- 
ble settlement of that line. 

But as you have rejected that, as well as all other endeavors, for an accommoda- 
tion, and will not be satisfied without swallowing up the greatest [part] of our 
small colony, and that, as your colony is on the west without bounds or limits, [you] 



1720.] 



AND PROVIDENCE PLANTATIONS. 277 



covet the same on the east, we are therefore resolved no longer to be thus imposed 
upon by you ; but are determined, with the blessing of God, with all expedition to 
make our appeal to the King in council, for his determination and decree of our 
westerly bounds. 

And that you may not be surprised, we do hereby notify you thereof, that you 
may take such steps as you may think fit, to justify and vindicate your unjust and 
unneighborly encroachments upon this colony, and the many hostilities committed 
within the same. 

We are in no doubt (but when that matter comes to be determined) that we 
shall not find ourselves under any mistake, without it be through our ignorance ; 
and for peace's sake, in condescending to let you extend your eastern line as far 
east as Ashaway river, and the south-west corner of Warwick Purchase. 

Neither are we ignorant how Pawcatuck river came to be called Narragansett 
river, nor how you, through the private and clandestine deception of your agent, 
Col. Winthrop, got your charter to be bounded upon the Narragansett river, con- 
trary to his solemn promise and engagement to our agent, Mr. John Clarke ; all 
which, we shall plainly demonstrate, and make appear when that matter shall come 
before the King in council, and give you to understand that we are not ignorant ; 
and that as the first steps taken by your agents were fraudulent and decep- 
tious, by endeavoring in a surreptitious manner to grasp at all our colony, save 
the islands, so your government hath been ever since treading in the same steps, 
in giving us all the discruiet and uneasiness, you have been capable of doing. 

We shall not now enter upon any debate about the extent of Pawcatuck river, 
as it is mentioned in our charter, but shall leave that matter to be determined by 
our superiors (who are the most impartial judges), and in the mean time, as you gave 
us a friendly caution (as you say), not to suffer any settlements to be made to the 
westward of a certain pond in the Narragansett country, which you vainly call the 
head of Pawcatuck river, so we can do no less than friendly to advise and caution 
you ; and likewise we do forewarn you from making any settlements by virtue of 
any grant from your government, under color of conquest lands, as you unjustly 
call them, or any other ways, not to assume or exercise any jurisdiction of govern- 
ment to the eastward of Pawcatuck, alias Narragans ett river, from the middle chan- 
nel or main stream thereof., so far as it extends itself north or northerly to the head 
thereof; and another line drawn due north, from thence to the Massachusets south 
line, until his Majesty hath determined the controversy between us. In so doing, 
you will more fully express that regard to peace, and good neighborhood which (you 
say), you so willingly cultivate. 

As to the other part of your remonstrance, relating to the running the twenty 
mile line, of Warwick Purchase, we presume you have put that matter out of dis- 
pute, until our western bounds be settled and determined, so that it will be super- 
fluous and needless, to making direct answer thereunto; and although you were 
surprised that our commissioners should decline joir ing with yours in running that 
line, &c, we are no ways surprised at your rejecting, and not joining, in the run- 
ning that line agreed upon between the two colonies, it being what we exported 
from you, and doubt not but your oversight will be our gain in the conclusion ; 
though we are heartily sorry, that you have compelled us to make our appeal (the 
which no pretence whatsoever, will now deter us, from prosecuting), and should 
have submitted and b?en contented to have suffered as we have done, rather than 
have contended with our neighbors, with whom we always coveted to live in peace 



278 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

and good friendship ; but on the other hand, we have no doubt, but through 
your means, and the justice of our cause, we shall receive an impartial decree 
and determination in our favor, much more to our advantage and interest than 
Ashaway >iver, and the south-west corner of Warwick Purchase, the which you 
have rejected, though so much to your interest and advantage. 

We are, gentlemen, your humble servants, 

The Governor and Company of the English 
colony of Rhode Island and Providence 
Plantations, &c. 
Signed per their order, RICHARD WARD, Secretary. 
To the Honorable, the Governor and Company of His Majesty's 
colony of Connecticut. 

Testimony concerning the head of Pcwcaiiick River. 

Robert Stanton, aged sixty-seven years, William Bennit, aged sixty-one years, 
John Randall, aged fifty-four years, Mathew Randall, aged forty-nine years, Doctor 
Thomas Wardin, aged forty-five years, who have hereunto each of them subscribed 
their names, testify that they well know the river, commonly called and famously 
known by the name of Pawcatuck, which lieth between the towns of Stonington 
and Westerly ; having, for the greatest part of their time lived on, or near the 
banks of the said river, and are well acquainted with the course of it, from the mouth 
of it, where it enters itself into the Sound, or salt water, on the south ; as it ex- 
tends northward, until it receives first a small river from the north, called Shew- 
nuck, and then another river called Ashaway ; and afterwards, another, called 
Wood river ; and then, to a great pond, receiving some other small streams by the 
way, all coming from the north ; which pond is called by the English, the head of 
Pawcatuck river, and is well known and esteemed so to be. And that they verily 
believe the map or draught of the said river, up to the aforesaid pond, the head of 
it, delineated on this paper, doth agree with the general course thereof; though it 
has more crooks in it. And we judge the said pond to be about three miles to the 
north of the mouth of the said Pawcatuck river. 

MATHEW RANDALL, his 

THOMAS WORDEN, JOHN ^ RANDALL, 

ROBERT STANTON, mark. 

WILLIAM BENNET, 

Groton, August 16th, 1 720. 
Then personally appeared before me, Gurdon Saltonstall, Esq., Governor of His 
Majesty's colony of Connecticut, the above said Robert Stanton, Wm. Bennet, 
John Randall, Mathew Randall, Thos. Worden ; and having each of them subscribed 
thereunto in my presence, made oath to the truth of the above written testimony.* 

In witness whereof, I have hereunto subscribed my name, and caused the seal 
of said colony to be affixed. G. SALTONSTALL. 

A true copy, attest, HEZ. WILLYS, Secretary. 



* R. I. Hist. Soc. Mss., p. 56 and p. 01. 



1720.] AND PROVIDENCE PLANTATIONS. 279 



Governor Cranston to the Board of Trade. 

Colony of Rhode Island, &c, 

Newport, June 14th, 1720. 

Right Honorable : In obedience to your Lordships' commands, bearing date from 
"Whitehall, August the 7th, 1719, we have herewith sent your Lordships a chart or 
map of this His Majesty's colony, and should have sent it sooner, but your com- 
mands not coming to our hands until the beginning of November last, the winter's 
season would not admit us to make an exact survey, so that we were forced to sus- 
pend it until the weather was moderate, and the country passable. 

The extent of the chart or map, is drawn according to the bounds and limits set 
forth and granted us by our royal charter (to the best of our judgments, by skillful 
artists), the which bounds are described by the red lines, bordering on the other 
colonies. 

There having been a long controversy between this government and the govern- 
ments of the Massachusetts and Connecticut (our bordering neighbors), about the 
bounds of our colony ; they have (as we presume) unjustly withheld from us con- 
siderable part of our colony within the above said bounds or limits, the which your 
Lordships will perceive by the green lines (the which describes what we are at 
present possessed of), and how much of our jurisdiction is forcibly detained from 
us ; though, for the sake of peace, and for the maintaining a friendly correspondence 
with the government of Connecticut ; — 

In the year 1703, by commissioners chosen and commissionated by each govern- 
ment, a line was agreed upon between the two colonies, though to our considera- 
ble loss and damage (occasioned by the ignorance of our commissioners of the situ- 
ation of the country), we were content to abide by it, and to confirm the said 
agreement. 

But the government of Connecticut, though often requested to join with us in 
running and stating the said line (though much to their advantage), hath not joined 
with us therein, but hold us in suspense, daily making encroachments upon our ju- 
risdiction, and properties ; the which unjust proceeding hath caused us to remon- 
strate and explain the whole cause to our agent, in order to be laid before His Maj- 
esty in council, as we have done, that on the other side relating to what (we pre- 
sume) is withheld from us by the government of the Massachusetts Bay. 

We beg your Lordships' pardon for this digression, the which, for the better ex- 
planation of the chart or plat of our colony, could not well be avoided. We also 
presume the matter in controversy will come before your Lordships whenever the 
difference may come to a hearing ; not doubting but we shall then receive equal 
justice. 

This colony is bounded on the north and east on the province of the Massachu- 
setts colony and the late colony of New Plymouth, on the south upon the ocean, 
and on the west on the colony of Connecticut, as by the chart or map will more 
plainly appear and demonstrate. 

As to any English that have made any settlements on the frontiers, towards the 
lakes and mountains, the governments of the Massachusetts Bay, New York and 
Connecticut can best inform your Lordships. This colony being bounded and sur- 



280 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

rounded, as aforesaid ; and no encroachments have been made by the subjects of any 
foreign prince on said colony ; but what encroachments we have suffered, hath been 
made by our neighbors, as aforesaid. 

This colony, in comparison of the other provinces and colonies on this continent, 
is very small, at the extent, as your Lordships will perceive by the chart or map, if 
compared with their's. If our neighbors should be countenanced and protected in 
what they have encroached upon us, and are daily, it would be reduced to a small 
morsel. 

But we having entire confidence and assurance in the wisdom and goodness of 
our most gracious sovereign lord, the King, and the justice and integrity of his 
most noble council, and your Lordships, that when a true state of our case is 
explained by the chart or map of this colony now sent you, upon the grant of our 
charter, as to the bounds and 'inks thereof, but we shall be confirmed in our just 
rights and privileges. And that as we are His Majesty's loyal and faithful subjects, 
doubt not but we shall have equal justice with our neighbors.* 

Signed by order of the General Assembly, by your Lordships' most humble 
and obedient servant. 

SAMUEL CRANSTON, Governor. 



Letter from Rhode Island to Connecticut. 

Newport, August 18th, 1720. 

Honorable Gentlemen : By a letter from the Governor and Company of the 
above said colony, bearing date from Newport, July the 7th, 1720, in answer to 
yours of June the 1st, 1720, they were pleased to notify you, that with the blessing 
of God, they were determined, with all expedition, to make their appeal to His 
Majesty, for the settling and determining the western bounds of this His Majes- 
ty's colony of Rhode Island, &c.,and the eastern bounds of your colony of Connecti- 
cut, the which hath been by you so long contested. 

And that you might not plead ignorance of their proceedings, I was directed by 
the Governor and Company, aforesaid, to inform you, that they have commission- 
ated and appointed the Honored Colonel Joseph Jenckes, Esq., deputy governor of 
this colony, their agent, (to prosecute their appeal before the King in council) with 
full power and authority to procure His Majesty's final determination and decree 
of the said bounds. 

I am also to notify you, that our said agent hath taken his passage by the way of 
Ireland, and will take his departure from hence, in a very few days. The ship be- 
ing ready to sail ; and with the blessing of God, our said agent may be in Great 
Britain, by the beginning of October next ; so that I am directed, as aforesaid, to 
warn and exhort you, to make such provision as you may think proper, either by 
your agent, or otherways, to meet our said agent at Whitehall, in order to show 
reason, (if any they have), why the westerly bounds of this His Majesty's colony- 
may not not be settled and determined by His Majesty, according to the grant of 
King Charles the 2d, of happy memory, as is set forth in his royal charter of incor- 
poration to this government ; the which, you have so unneighborly for so many years 



* J. Carter Brown's Manuscripts, No. 529, Vol. VIII, 



1720.] 



AND PROVIDENCE PLANTATIONS. 281 



obstructed, to the great disturbance, molestation, charge and expense of this gov- 
ernment ; and against the interest of His Majesty, and contrary to all justice, rea- 
son and equity. 

I am to pray you not to give any delay upon this foot ; you being sufficiently no- 
tified of the government's resolution and dispatch. So that should you neglect or 
prolong the time of meeting their agent, as aforesaid, he is advised to make what 
improvement he can, of your defect. 

Signed by order, in behalf of the Governor and Company of the 
English colony of Rhode Island and Providence Plantations in New 
England, &c, by gentlemen, your most humble and obedient 
servant, 

SAMUEL CRANSTON, Governor. 
To the Honorable, the Governor and Company of His Majesty's colony of Con- 
necticut, these. 



Letter from Comiecticid to Rhode Island. 

New London, August 22d, 1720. 

Sir : — Yesterday I had the favor of your letter of the 18th instant, with another 
of the same date, in the name of your Assembly, to the General Assembly of this 
colony, relating to the controversy concerning the dividend line between the gov- 
ernments — an unhappy controversy. 

I have the same aversion which you [have], to anything that looks like a dispute 
too full of heat, and should have been heartily glad, if what the crown has more 
than once done in that matter, would have given our colonies mutual satisfaction, 
and we might have dwelt together in peace. 

I am the more uneasy, when I find myself obliged to communicate to our Assem- 
bly the messages from yours, which I have received under your cover, for the sake 
of some terms of impeachment that are in them, which I know are disagreeable 
enough to your wisdom and temper. Yet, I shall take the first opportunity to do it ; 
though that cannot be before Col. Jenckes, your agent, sails, or even before he ar- 
rives in Britain, if it should be as soon as you mention. 

But, as it will not be improper for the appellant to make the first appearance, so 
I dare be confident the Asssembly here will give the earliest dispatch they can, to 
their part in this affair. Col. Jenckes, if he purposes to stay till the business is 
finished, cant expect to take his leave of the court before the next spring ; so that I 
hope there will be no loss of time, if we can but come within five or six weeks of 
him ; and he will not think much of such a short stay. The winter months arc 
commonly the months of business at court. 

And if we may find several gentlemen whom we must be concerned with in this 
business, at leisure to attend it, after Christmas is a little over, it will be as much as 
we can expect. Pray give my service to the Colonel, with my wishes for his safe 
passsage ; and tell him I hope he will have no occasion to complain of our absence 
or neglect, as any disadvantage to his negotiation, And for my part, I shall from 
inclination, as well as in compliance with Your Honor's desire, do all I can to pre- 
vent it ; as I shall also, that this state controversy may not interrupt the personal 
regard owing to the gentlemen of your council and Assembly ; and particularly to 
Your Honor. I take this opportunity to enclose to you a printed copy of our 

vol. iv. 36 



282 KECORDS OF THE COLONY OF RHODE ISLAND [1720. 

charter, which I know not whether you have yet seen, and desire you would please 
to favor me with one of yours, (which I understand has been lately printed) by the 
return of the bearer, Mr. Star, who will wait upon Your Honor for that end. 
I am Your Honor's most humble and obedient servant, 

G. S ALTON STALL. 
Governor Cranston. 



Letter from Gov. Sattonstall of Connecticut, to Agent Bummer. 



New London, August 23, 1720. 

Sir: — I told you in my last, which was of the 14th of July, that we had received 
an odd sort of a letter and citation from the government of Rhode Island, respect- 
ing the bounds between us, signifying their appeal to His Majesty, &c. 

I was then in hope, that what instructions were needful to be sent you on this oc- 
casion, (together with a plan of the colony) might be ready in a shorter time than 
I now find they can. I am forced to wait for some papers relating to the contro- 
versy of the line between Rhode Island and us, which I expect from Boston and 
Plymouth. In about a fortnight or three weeks more, all will be ready. In the 
mean time, I am served with a new summons from Rhode Island, a copy of which, 
with my answer, I have enclosed, that you may see how we manage here, and un- 
derstand as much about the proceedings hitherto, as I am able to inform you. 

As to the form of the citation, it must be submitted to you, that are acquainted 
with the methods of court in such cases. But I should think they had better have 
obtained by their agent, Mr. Partridge, a time for a hearing, with an order to U3 to 
attend and answer them, than the method they have chosen. As to the matter to 
which they require us to answer, viz. : why the King should not once more settle 
the east bounds of our colony, and the west of theirs ; when the time for it comes, 
we have principally two things to say : 

1. We are well pleased with the bounds given us in our charter, which includes 
the Narragansett country ; and we think cant be revoked by the charter of Rhode 
Island, granted above a year after ours. 

2. If His Majesty should once more determine these bounds, we are not sure 
that Rhode Island will like that determination any more than what the crown has 
done in this affair twice already. First, King Charles the Second, appointed Nar- 
ragansett river and bay to be the east bounds of our colony. This, the Rhode Is- 
landers complaining of, prevailed with that King, a year after, in their patent, to or- 
dain that Pawcatuck river should be their bounds on the west ; and that this river 
of Pawcatuck, and a north line drawn from the head of it, to the south line of the 
Massachusetts colony, should be their west bounds, and our east bounds ; whereby 
the greatest part of Narragansett country, and part of the Pequod country, is in- 
cluded within their patent, and actually under their government. 

But neither does this please them ; nor will they be satisfied, without bringing 
their west bounds ten miles west of the head of Pawcatuck river, and so extending 
it thence to the south bne of the Massachusetts, by which means they would take 
from this colony, a tract of land ten miles wide, and upward of thirty miles long r 
Otherwise, I verily believe we should not have troubled ourselves about the rest of 
the Narragansett country, though it is far the greatest and best part of it ; but have 



1720.] AND PROVIDENCE PLANTATIONS. 283 

consented for peace's sake, that it should (at least for the present) remain under 
their government. 

But since they have taken measures to bring this matter, in debate, before His Maj- 
esty, it is but just that we should insist upon our charter, which is the prior grant ; 
and we cant but think that it well passed both the soil and government, to this 
colony; as it has been resolved by Edward Cranfield, Esq., and others, commission- 
ers in the year 1GS3-4, who held a court by commission from the King, in that 
country, to inquire to whom its soil and government belong ; and afterwards, by Sir 

Thos. Trevor, in 1 690, when Point was referred to him, by right honorable 

the lords of trade, as you will see by what we shall send you, I hope within a few 
weeks ; and therefore here shall add no further, but that — 

I am, sir, your humble servant,* 

G. SALTONSTALL. 

Memorial from Rhode Island to the King relative to the Connecticut 
Boundary. 

To the King's Most Excellent Majesty in council : 

The humble petition of Joseph Jenckes, Esq., and Richard Partridge, agents for 
the colony of Rhode Island and Providence Plantations, in New England, in 
America, showeth : 

That the inhabitants of the said colony of Rhode Island and Providence Planta- 
tions, having formerly purchased some lands of the native Indians there, obtained a 
grant for the^eame of the Earl of Warwick, and others, who were appointed com- 
missioners in 1643, for the plantations in America, and afterwards in 1663, had a 
patent granted 'em, by King Charles the Second, confirming to 'em their said 
lands ; bounding them on the west side upon a river there called Pawcatuck, alias 
Narragansett river, as the greater or middle stream thereof reacheth up into the 
north country, northwards, unto the head thereof; and from thence by a straight 
Hne drawn due northwards^ until it meet with the south line of the Massachusetts 
colony, as by the said charter more fully appears ; and which lands the said inhab- 
itants have enjoyed and been possessed of, upwards of sixty years ; and made large 
settlements, and greatly improved the same, and defended it with the hazard of 
their lives and estates. 

That they have been unjustly disturbed at sundry times in their quiet and peacea- 
ble possession of their lands by the government of Connecticut colony, which ad- 
joins eastwards to that of Providence Plantations, who pretend a claim to great part 
of the land thereof, under their charter, from His said Majesty, King Charles the 
Second, though without any just or lawful grounds for the same, as your petitioners 
in behalf of the said inhabitants don't in the least question to make appear to your 
Majesty, when you shall be graciously pleased to give 'em an opportunity so to do. 
(The pretensions on which the Connecticut colony ground their claim with your 
petitioners ; answer and reasons against the same, being too long and numerous to 
be here inserted.) 



* There is no superscription to this letter, the filing only showing to whom it was 
addressed. 



284 RECORDS OF THE COLONY OP RHODE ISLAND [1720. 

But notwithstanding they have no just right thus to disturb the said inhabitants 
of Rhode Island and Providence Plantations, in the possession of* their lands, yet 
they took upon them formerly, in a very violent manner, to seize and imprison the 
sheriff, belonging to the said Providence Plantations, whilst in the due execution of 
his office ; and since that, have enteredon part of their lands, and (which is very ex- 
traordinary) have taken upon 'em even to grant away and dispose of a township, 
called Killingly, of about two miles in depth, and twelve miles in breadth, within 
the said colony of Rhode Island, to the great prejudice of the proper proprietors. 

That the said government of Connecticut, not content to confine themselves with- 
in their own bounds, as aforesaid, do still further insist on a large portion of the 
said colony of Rhode Island lands, though the same are several miles within a line 
that was run between the said two colonies of Rhode Island and Connecticut, by 
commissioners sent over into New England, Anno Domini 1664, by His Royal 
Majesty, King Charles the Second, to determine such differences as might arise, 
touching the bounds or limits of the colonies, in that country. 

Wherefore, and as the said proceedings of Connecticut colony are unwarrantable 
and without any grounds to support the same, and as by the Rhode Island charter, 
the inhabitants thereof are required to come to the crown for relief in cases of this 
nature, and for putting a final end to the differences between the said two colonies 
respecting their bounds or limits, and for the lasting peace and tranquility of Your 
Majesty's loyal subjects of Rhode Island and Providence Plantations, and that they 
may quietly enjoy their rights and privileges for the future. 

Your petitioners humbly pray Your Majesty to interpose your royal authority, 
and that you would be graciously pleased to hear your petitioners in defence of 
their rights, and that they may have their boundaries between them and Connecti- 
cut confirmed, according to their charter, and agreeable to the lines run by the 
aforesaid commissioners from the crown ; and that Your Majesty would be pleased 
to give such further and other orders and directions for the relief of Your Majesty's 
loyal subjects of Rhode Island colony, who are so remote from the immediate influ- 
ence of Your Majesty's justice or government, as may protect them in the perpetual 
peaceable possession of their lands, either by laying some considerable penalty upon 
the first infringers of them, or in such other way as your great wisdom shall think 
fitting, that so they may not hereafter be molested as they have hitherto been, to 
their very great prejudice. 

And your petitioners shall ever pray, &c. 

Order in Council 

At the council chamber, Whitehall, 
February 20, 1720-21. 
By the Right Honorable, the Lords of the Committee, for hearing appeals, com- 
plaints, &c, from the plantations : 
His Majesty having been pleased, by his order in council, of the 3d of January 
last, to refer unto this committee the humble petition of Joseph Jenckes, Esq., and 
Richard Partridge, agents for the colony of Rhode Island and Providence Planta- 
t ions, in New England, relating to the boundaries between them and Connecticut 
colony ; and humbly praying that the same may be confirmed to them, according 
to their charter, and agreeable to a line run by commissioners sent over in 1664, to 
settle the same; — 



1720.] AND PROVIDENCE PLANTATIONS. 285 

Their Lordships, this day, taking the same into consideration, and having 
heard the petitioners thereupon, by their counsel, learned in the law, as also Mr. 
Dummer, agent forthe colony of Connecticut ; are pleased to order, as it is hereby 
ordered, that the said Mr. Dummer do return to this board by Monday next, his 
answer, in writing, to the said petition. (A copy whereof, is hereunto annexed.) 
And that the whole matter be heard at the first meeting of the committee, after 
mid-summer next ; whereof, all parties concerned, are to take notice, and come 
prepared to be heard at the same time, accordingly* 

TEMPLE STANYAN. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 1th day of 
July, 1720. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. Wm. Wanton, speaker. 
Mr. Thomas Spencer, clerk. 

Whereas, His Honor, the Governor, has communicated to 
this Assembly, a letter from the Governor and company of His 
Majesty's colony of Connecticut, directed to the Governor of 
this colony, wherein they refuse to stand to, and comply with 
the bounds between the two colonies as settled by the commis- 
sioners of both colonies, at Stonington, in the year 1703 ; upon 
consideration whereof, and of the further difference between 
this colony and the Province of the Massachusetts Bay ; — 

It is voted and enacted by this General Assembly, and by 
the authority of the same it is enacted, that the Honorable Jo- 
seph Jenckes, Esq., our deputy governor, be, and he hereby is 
appointed agent for this colony, to appear before His Majes- 
ty in council, in Great Britain, and there to represent this colo- 
ny, with Mr. Richard Partridge, our present agent there, or 

* R. I. Hist. Soc. Mss., pp. 61, 62, 06 and 60. 



286 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

without him, as causes or matters may require ; there to man- 
age the affairs of this colony for the settling of the bounds be- 
tween this colony, and those of the Massachusetts Bay and 
Connecticut, and all other business that may arise or happen ; 
and that His Honor, the Governor, give him a commission for 
the same, accordingly. 

And it is voted, that so much money as will purchase gold, 
silver or bills of exchange for the sum of £300, be forthwith 
drawn out of the general treasury, and out of the naval officer's 
hands, and to be remitted home by our agent, for the uses 
aforesaid ; and that Capt. Job Almy, Capt. Joseph Whipple and 
Mr. Joseph Borden, be a committee to draw out the same, ac- 
cordingly. 

It is also voted by this Assembly, that our aforesaid agent, 
the Honorable Joseph Jenckes, Esq., be, and he hereby is fully 
authorized and empowered to draw upon the general treasury 
of this colony, bills of exchange for the sum of £700 (if he 
shall need or require so much). 

And that said bills of exchange shall be paid out of the gen- 
eral treasury, according to the contents thereof. 

And it is also voted by this Assembly, that the Honorable 
Joseph Jenckes, Esq., be allowed £60 per annum, for his agen- 
cy, besides expenses borne during his agency, and so pro rata, 
for such time as he shall continue in our service. 

And it is also voted, that the deputy governor be allowed 
£60 out of the general treasury, for to furnish himself with 
necessaries for his voyage. 

And it is also further voted and enacted, that His Honor, 
the Governor, procure, provide and send home all necessary in- 
structions, evidences and depositions as may be necessary for 
the service of the colony in the premises. 

And also, that His Honor, the Governor, send a messenger 
with a notification to the government of Connecticut, to notify 
them to appear before His Majesty, in council, to answer the 
complaint of this government against them, for their intruding 
into the lands of this colony. 



1720.] AND PROVIDENCE PLANTATIONS. 287 

An Act empowering the assistants and justices of the peace, 
and wardens, to try all matters of theft and purloining, 
where the thing purloined, or stole, exceed not twenty 
shillings. [Public laws for 1730, p. 113.] 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 27th day of 
July, 1720. 

The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Mr. Thomas Cornell, 

Capt. Jonathan Nichols, Mr. William Anthony, 

Major James Brown, Mr. Elisha Cole. 
Mr. Nicholas Power, 

Col. William Wanton, speaker. 
Mr. Thomas Spencer, clerk. 

Voted, that Capt. John Jenckes wait upon his father, during 
the time of his agency for this colony, in Great Britain ; and that 
he be allowed £30 out of the general treasury, to furnish himself 
with necessaries for his voyage ; and that he be allowed £30 
per annum out of the general treasury of this colony, during 
his continuance and attendance in said affair, besides all oi _ 
dinary expenses borne ; and that if he return before one year 
be expired, yet he shall be allowed £30 for his going ; to be 
paid to him or his order, from time to time, as it shall become 
due. 

Voted, that all matters and things that now lieth before this 
Assembly, unfinished, be referred to the next General As- 
sembly. 



288 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1720. 



Voted, that this Assembly be adjourned to any such time as 
the Governor or deputy governor shall see cause to call 
them together before the second Tuesday of September next . 
and if not called by the second Tuesday of September next, 
then this Assembly shall be dissolved. 

God save King George. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1720. 

The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Lieut. Col. John Wanton, Major Randall Holden, 

Major James Brown, Mr. Stephen Hazard, 

Mr. Nicholas Power, Mr. John Wickes. 
Mr. William Anthony, 



For Neivjport. 
Col. William Wanton. 

For Providence. 
Mr. Arthur Fenner, 
Mr. Wm. Smith, 
Mr. William Harris, 
Mr. Daniel Abbott. 

For Portsmouth. 
Mr. Gideon Freebornc, 
Mr. Joseph Dennis, 
Mr. Daniel Pearce. 



DEPUTIES. 

For Warwick. 
Capt. John Waterman, 
Mr. Anthony Low, 
Mr. Stephen Arnold, 
Mr. Thomas Stafford. 

For Kingstoivn. 
Capt. Christopher Allen, 
Mr. Wm. Spencer. 

For East Greenwich. 
Mr. Pardon Tillinghast, 
Mr. Joseph Weaver. 

For Jamestoivn. 
Mr. David Greene, 
Mr. John Underwood. 



1720.] AND PROVIDENCE PLANTATIONS. 289 

Col. William Wanton, speaker. 
Mr. Daniel Abbott, clerk. 

Jahleel Brenton, of Newport, in the colony aforesaid, Esq., 
appellant, Thomas Pelham, of said Newport, merchant, appellee, 
from a judgment of a General Court of Trials, held at Newport, 
aforesaid, within and for the colony aforesaid, on the first Tues- 
day of September, last past, where a verdict of jury and judg- 
ment of said court, was rendered for the said Thomas Pelham, 
against the said Jahleel Brenton, for the sum of £94: 2s. ; — 

And the appellant and appellee being duly heard and ma- 
turely considered, the judgment and decree of this Assembly 
is, that the judgment of the said General Court of Trials, held 
at Newport, on the first Tuesday of September, last past, be 
chancerized down to the just debt and damage sustained by 
the said Thomas Pelham. 

And this Assembly do order, adjudge and decree, that the 
said Thomas Pelham have and recover of, and against the said 
Jahleel Brenton, the sum of £62 2s., and costs of suit ; and 
the judgment of the said General Court of Trials, is chancer- 
ized down to £Q2 2s., accordingly. 

Mr. Nathaniel Newdigate, of Newport, gentleman, admitted 
a freeman of this colony. 

The following, all of Providence, were admitted freemen of 
the colony ; — 

William Arnold, John Arnold, Jr, Daniel Arnold, Thomas 
Smith, Jr., Ichabod Comstock, Job Comstock, John Wallen, 
James Wallen, Jr., Joseph Phillips, Daniel Mowry, Joseph 
Mowry, Jr., John Scott, Joseph Scott, William Brook, James 
Angel, Jr., John Sailes, Jr., Richard Sailes, Cornelius Sols- 
bury, William Whipple, Thomas Sailes, Zebedee Hopkins, 
Elisha Hopkins, Valentine Inman, John Whitman, Thomas 
Burlinggame, James Congdon, Benjamin Westcott, Thomas 
Hudson, John Burlinggame, Jr., Benjamin Sailes, Stukely 
Westcott, Samuel Ralf, Jr., Thomas Ralf, Hugh Ralf, Josiah 
Burlinggame, Jonathan Knight, Richard Knight, son of Jona- 
than, Richard Searles, Thomas Burlinggame, Jr., John Stone, 

VOL. TV. 37 



290 RECORDS OF THE COLONY OF RHODE ISLAND [1720. 

John King Weaver, Jacob Clack, Charles Dyre, Samnel Gor- 
ton, John Potter, son of John, deceased, Wm. Randall, Jr., 
Moses Burlinggame, Samuel Burlinggame, Robert Knight, 
Peter Burlinggame, Wm. Westcoat, Richard Knight, John 
Knight, Edward Potter, Samuel Bates, Henry Randall, Nich- 
olas Sheldon, Jr., John Calvin, Jr., John Weeden, Roger 
Burlinggame. son of John, John Thorton, Josiah Thorton, 
Abraham Clarke, Thomas Field, Jr., Josiah Wescoat, Jr., 
John Arnold, son of Richard, Zuriel Waterman, John Man, 
John Angel, Daniel Man, William Potter, Richard Pray, John 
Cowen, Charles Walker, Elisha Arnold, Ephraim Arnold, James 
Arnold, Timothy Carpenter, Jr., Jeremiah Field, Benjamin Car- 
penter, William Carpenter, Nathaniel Waterman, Jr., James 
Williams, Elisha Knowlton, Joseph Waterman, Wm. Sprague, 
James Dexter, Jr., Benjamin Sprague, John Sprague, Joseph 
Field, Zachariah Matthewson, John Pain, Charles Tillinghast, 
Benjamin Wright, William Ashton, Daniel Cook, Israel Smith, 
Samuel Kilton, Thomas Clemons, Richard Clemons, Jr., Robert 
Curry, Stephen Dexter, Henry Estence, Cornelius Estence? 
Thomas Harding, Nathaniel Jencks, Jr., John Manton, Thomas 
Comstock, John Comstock, James Angel, Joseph Angel, Thos. 
Kilton, Peter Ballou, Jr., Nathaniel Brown, Maturin Ballou, 
John Whitman, Urine Davis, Thomas Olney Weaver, Noah 
Whipple, James Brown, Jr., Joseph Inman, Joseph Bagley, 
Thomas Whipple, Jonathan Whipple, Jr., Daniel Brown, Jere- 
miah Brown, John Hawkins, Jr., Joseph Smith Cooper, Daniel 
Smith, Robert Smith, William Olney, Jr., Benjamin Whipple, 
Thomas Olney, Jr., John Brown, James Aldrick, Peter Alclrick, 
Joseph Place, Joseph Place, Jr., David Rutten Ceree, Richard 
Evans, Jr., David Evans, Christopher Smith, Jr., Jonathan 
Aldrick. 

Whereas, Wm. Jencks, of Providence, has, by petition, laid 
before this Assembly, that he has been £15 out, upon Paw- 
tucket bridge, and that there is a piece of land lying to the 
northward of Blackstone river, in an angle (of said river), be- 
longing to this colony, the which is but of small value, for the 



1720.] AND PROVIDENCE PLANTATIONS. 291 

Assembly to pass their right thereto unto him, the said William 
Jencks ; — 

And the Assembly, after due consideration of the premises? 
do grant all their right, title and interest in the said piece or 
angle of land, aforesaid, unto the said Wm. Jenckes, his heirs 
and assigns, for ever. 

Always provided, that Mr. Arthur Fenner and Capt. Daniel 
Abbott survey the said land, and if it appear to be worth more 
than £15 or £16, the said William Jencks to pay the overplus 
into the general treasury of this colony, to and for the use of 
the colony. 

God save King George. 

Order in Council 

At the Court, at St. James's, the 19th day of January, 1721. 
By the Lords of the Committee of His Majesty's Most Honorable Privy Council : 

His Majesty having been pleased, by order in council, of the 3d of January last, 
to refer unto this committee the humble petition of Joseph Jenckes, Esq. and Rich- 
ard Partridge, agents for the colony of Rhode Island and Providence Plantations* 
in New England, relating to the boundaries between them and Connecticut colony, 
and humbly praying that the same may be confirmed to them according to their 
charter, and agreeably to a line run by commissioners sent over in 1664, to settle 
the same ; and their Lordships thinking it proper that the same should receive an 
examination by the Lords commissioners of trade and plantations, before any 
determination be made therein, are pleased to order, that the said petition, as also 
an answer thereto, from Mr. Drummer, agent for the colony of Connecticut (copies 
whereof are hereunto annexed), be, and they are hereby referred to the said Lords 
commissioners to consider the same, and report their opinion thereupon to this com- 
mittee, and to ascertain the boundaries between the two provinces, and who has 
had the possession of the lands in question, and in which of the boundaries those 
lands lie * ROBERT HALES. 



* J. Carter Brown's Manuscripts, Vol. VIII., No. 531. 



292 



RECORDS OF THE COLONY OP RHODE ISLAND 



[1721. 



Proceedings of the General Assembly held for the Colon?/ of 
Rhode Island and Providence Plantations, at Newport, the 2d 
day of May, 1721. 

The Hon. Samuel Cranston, Governor. 



ASSISTANTS. 



Lieut. Col. John Wanton, 
Capt. Jonathan Nichols, 
Major James Brown, 
Mr. Nicholas Power, 
Mr. Thomas Cornell, 



Mr. William Anthony, 
Major Randall Holden, 
Mr. John Wickes, 
Mr. Stephen Hazard, 
Mr. Elisha Cole. 



For Newport. 
Col. Wm. Wanton, 
Capt. Edward Thurston, 
Capt, John Brown, 
Mr. Thomas Weaver, 
Mr. William Barker, 
Mr. John Cocldington. 

For Providence. 
Mr. Wm. Smith, 
Capt. Daniel Abbott, 
Mr. Ebenezer Sprague. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Thomas Brayton, 
Mr. Daniel Pierce, 
Mr. Joseph Dennis. 



DEPUTIES. 

For WanvicJc. 
Mr. Job Greene, 
Capt. Benjamin Greene, 
Capt. John Bice, 
Mr. Moses Lippitt. 
For Westerly \ 
Mr. Isaac Thompson, 
Mr. John Hill. 

For New Shoreham, 
Capt. Simon Ray, 
Mr. Thomas Mitchell. 
For Kingstown. 
Mr. Jeremiah Gould, 
Mr. John Watson, Jr. 

For East Greenivich. 
Capt. Joshua Coggeshall, 
Mr. Robert Spencer. 
For Jamestown. 
Capt. Nicholas Carr, 
Mr. Benedict Arnold. 



1721.] AND PROVIDENCE PLANTATIONS. 293 

Col. William Wanton, speaker. 
Capt. Edward Thurston, clerk. 

Peleg Sanford, Israel Bray ton, Francis Sanford, Thomas 
Brown, Isaac Smith, Elisha Smith, William Mumford, Caleb 
Coggeshall, and Edward Thurston, son of Samuel Thurston, all 
of the town of Newport, are admitted freemen of this colony. 

Thomas Shearman, Francis Alway, and Samuel Sweet, all of 
Portsmouth, are admitted freemen of this colony. 

Joseph Clarke, Nathaniel Sweet, William Holden, and Beno- 
ny Price, all of Warwick, are admitted freemen of this colony. 

John Mott, Caleb Littlefield, Nathaniel Littlefield, Dormac 
Hose, Nathaniel Raye, Joseph Mitchell, and Alexander Dodge, 
all of New Shoreham, are admitted freemen of this colony. 

William Bailey, and Benjamin Sweet, son of Richard Sweet, 
both of East Greenwich, are admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1721. 

Col. William Wanton, speaker. 
Mr. Jeremiah Gould, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 
Lieut. Col. John Wanton, deputy governor. 



Capt. Jonathan Nichols, Mr. Arthur Fenner, 

Capt. Edward Thurston, Andrew Harris, 



294 RECORDS OF THE COLONY OF RHODE ISLAND [1721. 



ASSISTANTS. 

Mr. Thomas Cornell, Mr. John Wickes, 

Mr. William Anthony, Mr. Stephen Hazard, 

Capt. John Waterman, Mr. Elisha Cole. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr.Jahleel Brenton, Jr. Capt. Henry Bull. 

An Act for the better preventing of drunkenness. [Passed at 
this session ; see public laws of 1730, p. 114.] 

Whereas, Jahleel Brenton, of Newport, in the colony afore- 
said, Esq., appealed from a judgment of a General Court of 
Trials, held at said Newport, on the last Tuesday of September, 
last past, given in favor of Thomas Pelham, of said Newport, 
merchant, to a General Assembly, held at Providence, on the 
last Tuesday of October, last past, where judgment of said As- 
sembly was rendered for the said Thos. Pelham against the said 
Jahleel Brenton, for the sum of £62 2s., debt and costs of suit ; 
and the said Jahleel Brenton petitioning the said Assembly for 
relief of a mistake by him supposed to be committed in said 
judgment, whereupon the said case was referred to this Assem- 
bly ; and the appellant and appellee being duly heard, and 
their reasons duly considered ; — 

This Assembly do adjudge and decree, that the aforesaid 
sum of £62 2s., given for the said Thomas Pelham, at the 
General Court of Assembly, be chancerized down to £60, 
and that said Pelham have costs. 

And it is further decreed, that the sum of £47 17s. 9d., re- 
covered by the aforesaid Jahleel Brenton, against the said 
Thomas Pelham, at a General Court of Trials, held at Newport, 
aforesaid, on the last Tuesday of March, 1720, be deducted out 
of the said £60 given by this Court to said Pelham ; and that 



1721.] AND PROVIDENCE PLANTATIONS. 295 

said Brenton pay the said Pelhani the balance thereof, being 
£12 2s. M., and costs. Costs taxed 2s. 

Judgment satisfied by Richard Ward, by order of the appel- 
lant, and on his account, May the 24th, 1721. 

Whereas, Samuel Bissell, of Newport, blacksmith, by peti- 
tion, prayed this Assembly for encouragement to carry on the 
nailing trade within this government ; — 

The prayer of said petition being considered by this Assem- 
bly, they do order, that the said Samuel Bissell have £200 
out of the general treasury, upon good security, to refund and 
pay the same into the general treasury, at the end of four 
years and a half from the ending of this present session of As- 
sembly ; he giving bond that he will improve the same to the 
uses mentioned in his petition, and no other. 

Whereas, Capt. Daniel Abbott and Mr. Arthur Fenner were 
ordered to survey and plat, and value a piece of land granted 
by the Assembly, in October last, to William Jenckes ; — 

And they having surveyed, platted and valued the same, re- 
ported to this Assembly, that the land in the angle of Paw- 
tucket river, granted to said Wm. Jenckes, contains thirty-three 
acres and fifty-three poles, and no more ; and is in value worth 
ten shillings per acre, and no more ; as in the plat by them 
presented to this Assembly is set forth ; which return is ac. 
ccpted of by this Assembly. 

An Act for raising and emitting £40,000 in bills of credit, by 
way of loan, &c. [See public laws, 1730, p. 115.] 

Voted and enacted by the General Assembly of this colony, 
and by the authority of the same, that the assistants of this 
colony, for the time being, shall each of them have £10 per 
annum, out of the general treasury of this colony, for their 
service. 

And that the deputies convened in General Assembly, shall, 
for every days service by them spent in the public affairs, in 
attending in the General Assembly during the sessions thereof, 
have six shillings per diem each for such service, to be paid 



296 RECORDS OF THE COLONY OF RHODE ISLAND [1721. 

by each respective town, as formerly, where they had but three 
shillings per diem allowed them. 

Voted, that this Assembly be adjourned to the second Tues- 
day in June next, to the town of Newport. 

And this Assembly is adjourned, accordingly. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the \Wi day of 
June, 1721. 

The Hon. Samuel Cranston, Governor. 
The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Wm. Anthony, 

Capt. Edward Thurston, Capt. John Waterman, 

Mr. Arthur Fenner, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Elisha Cole. 
Mr. Thomas Cornell, 

Col. William Wanton, speaker. 
Mr. Jeremiah Gould, clerk. 

Ordered, that Capt. Joseph Stanton, of Westerly, procure 
evidences relating to Pawcatuck river, and the reason why 
called Pawcatuck, &c. ; the charge to be paid out of the public 
treasury. 

The demands of the governments of New York and the 
Massachusetts Bay, for money, on this colony, is referred to 
the next Assembly, in October next. 

Ordered, that His Honor, the Governor, have £50 out of the 
general treasury, as a gratuity for his extraordinary service the 
last year. 



1721.] AND PROVIDENCE PLANTATIONS. 297 

Ordered, that £15 be lodged in the hands of Mr. Isaac 
Thompson, of Westerly, by him to be improved in repairing 
half of the bridge over Pawcatuck river, if Connecticut colony 
repair the other half; and if they do not in some reasonable 
time repair their half, then Mr. Thompson is to return the same 
into the general treasury again. 

It is enacted and declared by the General Assembly, and by 
the authority of the same, that the possessors of the counterfeit 
bills that were made on the Greenmans' plates, do bring all 
such bills into the general treasury of this colony, and have 
them changed by the 1st day of October next, or else shall 
lose the benefit of having them exchanged ; and that the gen- 
eral treasurer publish the same, in the Boston Gazette. 

Ordered, that Capt. Edward Greenman have £100 paid him 
by the general treasurer (out of the £1500 bonds given for se- 
curity for payment of double damages), for his present relief. 

Upon the petition of Richard Ward, of Newport, praying 
that he might have some bills of credit out of the public loan, 
upon security by bond, he having only an estate tail, in this 
government ; — 

This Assembly do order and direct the trustees of this colo- 
ny, to permit and suffer the said Itichard Ward to have and 
take upon loan as much of said bills (as the highest taker is 
allowed), upon such security as by them shall be thought 
needful. 

Voted and enacted by this Assembly, and by the authority 
of the same, that the price of hemp and flax, to be paid into 
the general treasury, is as followeth, viz. : 

Good merchantable hemp shall be received by the general 
treasurer, at eight pence per pound ; and good merchantable 
flax, at ten pence per pound, and no more. 

Ordered by this Assembly, that any person, an inhabitant; of 
any town in this colony, that hath his free hold in another town 
than where he dwells, he giving such estate in security to the 
committee, shall, notwithstanding, have the liberty of taking 
out of the bank, bills in the town where he dwells. 

Voted and enacted by the General Assembly, and by the 

vl. iv. 38 



298 RECORDS OF THE COLONY OF RHODE ISLAND [1721. 

authority of the same it is enacted, that English half-pence 
shall be received into the general treasury of this colony in all 
public payments, at three half-pence apiece. 

Voted and enacted by the General Assembly, and by the 
authority of the same, that the moiety, or half part of the in- 
terest that shall, on the letting out of £40,000 in bills of credit 
by this colony, arise or accrue for the space of five years 
from the session of this Assembly, be applied to and for 
rebuilding or repairing Fort Ann, as the committee hereafter 
appointed shall judge most necessary. 

And Col. Joseph Jenckes, Jonathan Nichols, Esq., Lieut, Col. 
William Coddington, Capt. Nicholas Carr, and Capt. John 
Brown, be, and they, or the major part of them, are hereby 
fully empowered and authorized to make the said fort of any 
other form than now it is of, and to improve men in the work, 
and provide materials for the same. 

Ordered, that the committee appointed for the sales of the 
negroes, and cocoa, and sugar, pay and allow to Lieut. Col. 
Wm. Coddington all such reasonable charges and allowance for 
his time, that he hath spent and taken in securing the same. 

Voted, that Col. Jenckes do, in conjunction with the Gov- 
ernor, provide all such evidences and pleas as are, or may be 
needful, to send home to our agent, in Great Britain, for the 
better enabling him to go on with the complaint against the 
colony of Connecticut. 

Voted, that the widow of Doctor John Jenckes, who deceased 
in this colony's service, in Great Britain, have £10 allowed her 
out of the general treasury of this colony ; it being a gra- 
tuity for the extraordinary service of her said late deceased 
husband. 

Adjourned to the second Tuesday in September. 

God save King George. 



1721.] AND PROVIDENCE PLANTATIONS. 299 



Proceedings of the General Assembly, held for tlw Colony of Rhode 
Island and Providence Plantations, at Newport, the \§th day of 
August, 1721. 

The Hon. Samuel Cranston, Governor. 
The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. William Anthony, 

Capt Edward Thurston, Capt. John Waterman, 

Mr. Andrew Harris, Mr. Stephen Hazard, 

Mr. Thomas Cornell, Mr. Elisha Cole. 

Voted, that all the mortgage deeds shall commence from the 
date thereof, for five whole years ; and all the mortgage deeds 
and bonds of the several towns be delivered into the hands of 
the grand committee, and they to give to the said towns' com- 
mittee a receipt for the same ; and that the grand committee 
deliver the bonds to the general treasurer, and to take a re- 
ceipt of the general treasurer for the same ; and his receipt 
shall be their discharge. And the said grand committee at all 
times to be accountable to such acts and orders as shall be 
made by the General Assembly, for requiring said mortgage 
deeds out of their custody. 

Voted, that all mortgages taken in the former trustees 
names, before the sitting of this Assembly this present 10th 
day of August, be of full force and virtue for the uses in such 
mortgages mentioned ; and that all mortgages that have 
been discharged by the former committee, since the sitting of 
the Assembly in October last, and until the session of this As- 
sembly ; and the said discharge is signed by two of the present 
committee, for the signing and emitting of this present £40,000, 
shall be good and valid in law. 



300 RECORDS OF THE COLONY OF RHODE ISLAND [1721. 

Voted, that inasmuch as Joseph Ilauxey and Benjamin 
Peckham hath delivered into the hands of the general treasu- 
rer, the sum of £494 in public bills of credit upon the account 
of Edward Greenman and his son ; — 

Whereupon, the action* commenced against the said Green- 
man, by the general treasurer, on the colony's concern, be abat- 
ed and dismissed from any trial at the next General Court 
of Trials, where there is an action commenced against said 
Greenman, till further consideration thereon ; they paying the 
lawful charge thereon. 

An Act to prevent the small pox from being brought into this 

colony, from the town of Boston, &c. 

Whereas, the small pox is very prevalent in the town of 
Boston, and is very contagious and mortal, the which, if it be 
brought into this government, may prove very destructive to 
the trade thereof, and will endanger the lives of some thou- 
sands of persons, if timely care be not taken to prevent the 
same ; — [See public laws, 1730, p. 119.] 

Voted, that all petitions that shall come before the General 
Assembly, and be voted out, shall be returned back to the pe- 
titioner or petitioners that preferred them. 

God save King George. 



1721] 



AND PROVIDENCE PLANTATIONS. 



301 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Warwick, the last 
Wednesday of October, 1721. 

The Hon. John Wanton, Deputy Governor. 



ASSISTANTS. 



Capt. Jonathan Nichols, 
Mr. Andrew Harris, 
Mr. Arthur Fenner, 
Mr. Thomas Cornell, 
Mr. William Anthony, 



Capt. John Waterman, 
Mr. John Wickes, 
Mr. Stephen Hazard, 
Mr. Elisha Cole. 



For Neivport. 
Col. Wm. Wanton, 
Lieut. Col. Wm. Coddin 
Capt. John Brown, 
Mr. Wm. Barker, 
Mr. Thos. Weaver, 
Mr. John Coddington. 

For Providence. 
Major Wm. Smith, 
Capt. James Olney, 
Lieut. Elisha Knowlton. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Thos. Brayton, 
Mr. Daniel Pearce, 
Mr. Joseph Dennis. 



DEPUTIES. 

For Wanvick. 
Major Randall Holden, 
gton Capt. John Bice, 

Mr. Amos Stafford, 
Mr. Wm. Arnold. 

For Westerly. 
Capt. Jos. Stanton, 
Lieut, Theodaty Rhodes. 

For Kingstoivn. 
Mr. Jeremiah Gould. 
Mr. George Babcock. 

For East Greenwich. 
Mr. Thomas Spencer, 
Mr. Thomas Nichols. 

For Jamestoiun. 
Mr. William Battey. 
Mr. Benedict Arnold. 



Col. William Wanton, speaker. 
Mr. Thomas Spencer, clerk. 



302 kecorps op the colony of rhode island [1721. 

Wm. James, Samuel Babcock, Daniel Babcock, Benjamin 
Saunders, John Lewis, Jr., and George Stillman, all of Wester- 
ly, are admitted freemen of this colony. 

Voted, that a fifth foot company be set off in the south-west 
part of the township of Providence, according to the prayer of 
the petition of Thomas Angel, and fifty others with him ; and 
that Col. Joseph Whipple, and Major Anthony Low, set off and 
state the bounds of said company, and make report of their do- 
ings to the General Assembly of this colony, that shall sit on 
the first Wednesday of May next. 

An Act for allowing the soldiers pay for their guns, which 

went on the expedition to Canada, in the year 1711. 

Be it enacted by this Assembly, and by the authority there- 
of it is enacted, that all the enlisted soldiers which went on the 
said expedition to Canada, or their legal representatives, shall 
have and receive from the general treasurer of this colony 
twenty-five shillings each, in bills of credit, which shall be in 
lieu of their guns, which by the proclamation they were to 
have. 

This government having duly examined and considered the 
demand of the Province of the Massachusetts Bay, for £111 
5s. 3d., do find that this colony hath already borne and paid 
their full proportion of all charges taxed on the governments 
in the year 1710, for the expedition to Port Royal. 

Voted, that the demands of the Governor of New York, for 
£150, on this colony, be not granted ; and that His Honor, 
the Governor, by letter, acquaint His Excellency of this reso- 
lution of the Assembly, in such terms as he shall think most 
agreeable. 

An Act to redress the misemployment of lands, goods and 
stocks of money heretofore given to certain charitable uses. 
[See public laws, 1730, p. 122.] 

Joseph Jenckes, Esq., having exhibited to this Assembly his 
account of disbursements of the colony's money, by [him] re- 



1721.] AND PROVIDENCE PLANTATIONS. 303 

ceived during his agency for this colony, amounting to £300 
185., the same is approbated by this Assembly, and the said 
Joseph Jenckes, is discharged therefrom. 

Voted, that Joseph Jenckes, Esq., have £30 allowed him, 
as a gratuity, out of the general treasury, for his good service 
done the colony, during his agency. 

God save King George. 

Representation, &c. 

To the Right Honorable, the Lords of the Committee of His Majesty's Most Hon- 
orable Privy Council. 

My Lords : In obedience to your Lordships' commands, signified by your order, 
bearing date the 19th January, 1721-2, whereby you referred to us the petition of 
the agents of Rhode Island, and the answer of the agent of Connecticut thereunto, 
directing us to ascertain the boundaries between the two colonies, and who has had 
the possession of the lands in question, and in which of the boundaries those 
lands lie. 

We have examined into the pretensions of these two colonies, and having heard 
them by their counsel and agents in relation to the subject matter of the said peti- 
tion and answer, we take leave to represent to your Lordships ; — 

That the agent and counsel for the people of Rhode Island, produced an instru- 
ment, bearing date the 1 7th day of March, in the year 1643, signed by Robert, Earl 
of Warwick, and certain other persons, at that time appointed commissioners by the 
Parliament, for the government and regulation of the plantations, whereby it ap- 
pears to us, that a grant was then made to the people of Rhode Island and Provi- 
dence Plantation, of a certain tract of land, on the continent of America, bounded 
in the following manner, viz. : 

" North and north-east, on the patent of Massachusetts ; east and south-east, on 
Plymouth patent ; south, on the ocean ; and on the west and north-west, inhabited 
by Indians, called Narrowganneucks, alias Narragansetts ; the whole tract extend- 
ing about twenty-five English miles, unto the Pequot river and country." And al- 
though this instrument cannot be reputed valid in the law, yet it must be allowed, in 
some measure, to be an evidence of what was then reputed to be the boundary of 
the said province. 

It doth likewise appear to us, that after the restoration, application was made to 
His Majesty, King Charles the 2d, by the agents of Connecticut and of Rhode Is- 
land, for charters to fix the respective government and boundaries of the said prov- 
inces, and charters were accordingly granted for that purpose. 

But the charter for Connecticut being obtained previous to that of Rhode Island, 
the boundaries of Connecticut were fixed to their advantage ; and as the people of 
Rhode Island pretend, greatly to their detriment. 

The said charter for Connecticut bears date the 23d day of April, in the year 
lfiC2, and their boundaries are described in the following manner, viz. : 

" All that part of our dominions in New England, in America, bounded on the 
east, by Narragansett river, commonly called Narragansett bay, where the said river 



304 RECORDS OF THE COLONY OF RHODE ISLAND [1721. 

falleth into the sea ; and on the north, by the line of the Massachusetts plantation • 
and on the south, by the sea ; and in longitude, as the line of the Massacusetts colo- 
ny, running from east to west (that is to say), from the said Narragansett bay, 
on the east to the south sea on the west part, with the islands thereunto adjoining, 
together with all firm lands, soils, grounds, &c." 

But the people of Rhode Island contend that great part of their territories are 
unjustly swallowed up by the aforesaid charter of Connecticut ; and if the same be 
valid, it undoubtedly cuts off all their pretensions to any thing upon the continent. 

This grievance they complained of, soon after the said charter was obtained ; 
and it doth appear to us. that John Winthrop and John Clarke, then agents for the 
respective colonies of Connecticut and Rhode Island, did notwithstanding the afore- 
said charter to Connecticut, submit to arbitration, what should be the boundaries 
between the said colonies. 

And we do find that the charter, which was afterwards granted to Rhode Island, 
in the fifteenth year of Charles the Second, taking notice of the aforesaid arbitra- 
tion, hath fixed their boundaries in the following manner, viz. : 

" All that part of our dominions in New England, in America, containing the 
Nayhautick, Nanhigansit, alias Narragansett bay and country, and parts adjacent, 
bounded on the west or westerly by the middle or channel of a river there, com- 
monly known by the name of Pacatuck, alias Pawcatuck river, ; and so along 
the said river, as the greater or middle stream thereof reacheth or lies up into the 
country northward, unto the head thereof; and from thence, by a straight line 
drawn due north, until it meet with the south line of the Massachusetts colony ; and 
on the north or northerly, by the aforesaid south or southerly lines of the Mas- 
sachusetts colony or plantation, and extending towards the east or easterly, three 
English miles, to the east or north-east of the most eastern or north-eastern parts 
of the aforesaid Narragansett bay, as the said bay lieth or extendeth itself from the 
ocean on the south or southerly, unto the mouth of the river, which runneth towards 
the town of Providence ; and Irom thence along the easterly side or bank of the 
said river, higher called by the name of Seacunk river, unto the falls called Paw- 
tucket Falls, being the most northerly line of Plymouth colony ; and so from the 
said falls, into a straight line due north, until it meet with the aforesaid line of the 
Massachusetts colony, and bounded on the south by the ocean ; and in particular, 
the lands belonging unto the towns of Providence, Pawtuxet, Warwick, Miscpiam- 
macock, alias Pawcatuck ; and the rest upon the main land, in the tract aforesaid ; 
to"-ether with Rhode Island, Block Island, and all the rest of the islands and banks 
in the Narragansett bay, and bordering upon the coast of the said tract, aforesaid, 
Fisher's Island only excepted, together with all firm lands, soils, &c." 

And further, the said charter doth direct, that the river Pawcatuck, shall at all 
times hereafter, be called and deemed to be the Narragansett river, mentioned for 
a boundary in the charter to Connecticut. 

From whence the people of Rhode Island pretend that the west boundary be- 
tween them and the colony of Connecticut ought to be formed by a red line marked 
in the map, hereunto annexed, drawn from a place called Shaw's Ford ; and thence 
extended due north, till the same meets with the south boundary of the Massachu- 
setts bay, whereof your Lordships will be more perfectly informed by a view of the 
said map, to which we shall frequently have occasion to refer. 

In confirmation of this pretence, the agent for Rhode Island produced the copy 
of a paper supposed to have been the return to a commission issued by King 



1721.] AND PROVIDENCE PLANTATIONS. 305 

Charles the 2d, in the year 1665, for settling the boundaries between the two colo- 
nies; and likewise an original letter from His said Majesty, to the above said com- 
missioners, whereby they pretended the proceedings of the said commissioners were 
ratified and approved of; but upon examining the said two papers, it appeared that 
the first of them was not a legal return, because Col. Nichols, the person appointed 
to be of the quorum in the said commission, had not signed it; and that King 
Charles the Second's letter was only a general letter of thanks to the inhabitants of 
Rhode Island, for their civil reception of His Majesty's commissioners. 

The said agents further urged, that so lately as in the year 1 703, by agreement 
between commissioners appointed in behalf of the said colonies respectively, for 
settling their boundaries, it was unanimously agreed, that the western boundary 
between Rhode Island and Connecticut, should for the future, be formed by a line to 
be drawn from the mouth of Ashaway river, where it falls into the Pawcatuck, and 
thence extending north to the south line of the Massachusetts bay, which line, your 
Lordships will find particularly described in green, on the map. 

And as a further proof of their right to the boundary now contended for, the 
agents for Rhode Island produced several affidavits from ancient inhabitants, viz. : 
Tho. Nichols, John 4 Spencer, John Rice, John Lewis, Peter Crandal, Arthur Fen- 
ner and Win. Hopkins, whereby it appeared that the people of Rhode Island had 
been in possession of several tracts of land, extending west from the Narragansett 
bay, to the red and green lines above mentioned, marked in the map as the bounda- 
ries between the two colonies, for which, the deponents swear, taxes had constantly 
been paid to the government of Rhode Island only. 

And Wm. Wilkinson, now dwelling in Southwark, but formerly an inhabitant of 
Rhode Island, appearing in behalf this colony, affirmed that he, and his father be- 
fore him, had been surveyors in the said province, and that to his certain knowl- 
edge, divers persons had extended their plantations from Providence and other 
towns, near to the red and green lines marked in the map, if not beyond them, and 
had paid taxes for the same, to Rhode Island only. 

In answer to what had been urged in behalf of Rhode Island, the agent for the 
people of Connecticut and their counsel, did insist that the charter to Connecticut 
being previous in date to that of Rhode Island, the latter charter could not take 
away what had been granted by the preceding one ; and did produce an opinion 
under their hand of My Lord Trevor, then Sir Thomas Trevor, and attorney gen- 
eral to His late Majesty, King William the Third, bearing date the 28th day of Oc- 
tober, in the year 1696, wherein, upon a former dispute for settling the boundaries 
between the two colonies, he declared, — 

" That the grant to Rhode Island is void in law, because the country of Narra- 
gansett bay, was granted before to Connecticut ; and that therefore the govern- 
ment of Narragansett bay doth of right belong to Connecticut, and not to Rhode 
Island." 

They likewise referred to the copy of a return entered in the books of our office, 
bearing date in 1685, wherein Edward Cranfield, Esq. and others, appointed com- 
missioners by King Charles the 2d, tor settling the boundaries between the prov- 
inces of Rhode Island and Connecticut, had expressly declared that the people of 
Rhode Island hail no manner of right to the boundary now contended for by them; 
and upon inspection, it doth appear by the sai I return, that the said commissioners 
were clearly of opinion, that by virtue of King Charles the 2d's letters patent 

vol. iv. 39 



306 RECORDS Of THE COLONY OF RHODE ISLAND [1721. 

granted to Connecticut, the jurisdiction in, and through the said province, or Nar- 
ragansett country, of right belongs to the said colony of Connecticut. 

They likewise insisted that the agent for Connecticut, after having obtained the 
patent for that province, had no authority to submit the boundaries to a second de- 
termination ; but yet, allowing for argument's sake, that the boundary granted to 
Khode Island by a charter subsequent to that of Connecticut, could be valid in law, 
it would not by any means follow, that either the red or the green line marked in 
the wiap, could be intended by that charter to be the western boundary between the 
provinces of Rhode Island and Connecticut, inasmuch as the words of the said char- 
ter direct that boundary to be formed by the channel of the river Pacatuck, alias 
Pawcatuck river, as the greater or middle stream thereof reacheth or lies up into the 
country northward, unto the head thereof; from whence they inferred that neither 
Shaw's Ford, nor the head of Ashaway river, could be the point from whence a line 
should be drawn northward, to meet the southern boundaries of the Massachusetts 
Bay, because nothing could be understood, in common acceptation, to be the head 
of the Pawcatuck or Narragansett river, but the pond, or source that fed the same. 
And that this construction might very naturally be reconciled to the words of the 
charter, viz. : " so far as the same runs northwardly," inasmuch as it doth appear 
by the map, that the pond, or source of this river, though there are many turnings 
between that and the mouth of it, doth certainly lie more to the north, than the 
mouth of the said river. 

And as to the settlement of the boundaries pretended to have been made by 
commissioners appointed on both sides for that purpose, in the year 1703, when the 
green line was drawn, they averred that the commissioners of Connecticut did not 
concur in marking of the said boundary, and that the same was drawn by those of 
Rhode Island only. 

But upon further inquiry into this fact, it appeared to us, by the confession of 
the agent of Connecticut, that the commissioners of Connecticut did actually meet and 
concur with those of Rhode Island, in drawing of the said green line, as a boundary 
between the two colonies ; the said agent however, contended that this agreement 
was invalid ; the Assembly of Connecticut having disallowed the proceedings of 
their own commissioners, because those of Rhode Island were not fully empowered • 
but he produced no act of Assembly, or any other proof of this fact, except his own 
averment. 

In reply to what had been offered in behalf of Connecticut, the counsel for 
Rhode Island insisted that it was evident by their charter, that King Charles the 
2d had been deceived in his grant to Connecticut, and that the recital in the said 
charter of the arbitration made between the two agents of Connecticut and Rhode 
Island, upon which their grant was founded, was a clear evidence of this assertion, 
that since so many years had passed from the time of that arbitration, and from the 
date of the patent which carried that arbitration into execution, it could not now 
be made a question in law, whether the said agents had proper authority for sub- 
mitting the same ; and although they did agree that a subsequent charter could not 
take away what had been fairly granted by a former patent, yet they insisted that 
where the former grant was subject to many doubts, the King might explain the 
same by a subsequent charter, and they did aver that this was the present case. 
For the river Pawtucket, or Providence river bordering upon the Massachusetts 
Bay, which the agent of Connecticut contended to be the true Narragansett river, 



1721.] 



AND PROVIDENCE PLANTATIONS. 307 



and consequently one of the boundaries granted to Connecticut, by their charter, 
was never known to be called by the name of the Narragansett river. 

And although this fact was denied by the agent for Connecticut, yet it appears 
to us by the charter to Connecticut, that the Narragansett river, mentioned for a 
boundary in that charter, is the Narragansett bay, and consequently very different 
from the Pawtucket river. 

Mr. Cranfield, and the other commissioners who joined with him in making the 
return above mentioned, were likewise of this opinion, and say that the people of 
Plymouth colony had always bounded themselves by the bay, as the true Narra- 
gansett river ; and it also appeared to us by the evidence of VVm. Wilkinson, that 
the Pawtucket, or Providence river, had not within the memory of man, been 
called by the name of Narragansett. 

And as to the construction which had been contended for, to fix the boundaries 
between the two provinces (supposing the Rhode Island patent to be valid), from the 
pond, or head of the Pawcatuck or Narragansett river, by line to be drawn thence 
northwardly to the southward boundary of the Massachusetts Bay, the counsel for 
Rhode Island did insist, that no such construction could possibly be put upon their 
charter, because the words being as follows : " As the greater or middle stream 
thereof, reacheth or lies up into the country northward, unto the head thereof," it 
would be a strange absurdity to imagine that the charter should begin at the mouth 
of the said river, and return again so many leagues to the eastward, in order to fix 
a western boundary. That if the words " head thereof," had been left out, the 
boundary could have admitted of no dispute ; and that therefore, it would be more 
natural to explain those words, " head thereof," by the preceding, viz.: "so far 
as the same runs northward," than to alter the plain meaning of the preceding 
words, by subsequent redundance ; and that in common intendment, it was impossi- 
ble that the river could be their western boundary, whenever it should cease to 
run northwards. 

And as a further proof of this construction, they insisted upon their uninterrupt- 
ed possession of several plantations near Shaw's Ford, and Westerly, marked in 
the map, which had constantly paid taxes to Rhode Island ; and no proof was offer- 
ed on the other side to show that the dominion of Rhode Island in those parts had 
been controverted. 

Upon the whole, it seems probable to us, as well from the pretended grant of the 
Earl of Warwick and others, to the colony of Rhode Island, as from the submission 
of the boundaries to arbitration, by the agents of Connecticut and Rhode Island so 
soon after the charter for Connecticut had been obtained, that King Charles the 
2d was surprised in his grant to Connecticut ; and that His Majesty intended to re. 
dress the grievance complained of by Rhode Island, by his subsequent charter to 
them ; but the former charter to Connecticut being still in force, and never made 
void by scire facias or otherwise, it is certain that the relief intended for Rhode 
Island, is of no force in law. 

However, in justice to Rhode Island, it must be observed, that the transactions of 
the commissioners appointed by the respective colonies of Connecticut and Rhode 
Island, when the green line was drawn for a boundary between them, are a strong 
proof that those of Connecticut did apprehend that the pretensions of Rhode Island 
were just and equitable. 

Considering, therefore, that the matter in dispute has no relation to private pro- 
perty; that the contest, which is purely for government and jurisdiction, has al- 



308 RECORDS OF THE COLONY OF RHODE ISLAND [1722, 

ready lasted sixty years, and may, unless the royal authority should interpose, be 
perpetual, to the great disturbance of the peace of these colonies, and to the utter 
discouragement of planting and settling the lands in dispute, it were to be -wished, 
that they would both voluntarily submit themselves to His Majesty's immediate 
government, as some other colonies have done, and that they might be annexed to 
New Hampshire * 

All which is humbly submitted. WESTMORELAND, 

J. CHETWYND, 
P. DQEMINIQUE, 
T. PELHAM, 
M. BLADEN, 
Whitehall, March 22d, 1722-3. E. PLUMER. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 1st day of 
May, 1722. 

The Hon. Samuel Cranston, Governor. 
The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Capt. John Waterman, 

Capt. Eclw. Thurston, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Stephen Hazard, 

Mr. Thos. Cornell, Mr. Elisha Cole. 
Mr. Wm. Anthony, 

DEPUTIES. 

For Newport. Mr. Wm. Barker, 

Col. Wm. Wanton, Mr. Thomas Weaver, 

Lieut. Col. Wm. Coddington, Mr. John Coddington. 
Capt. John Brown, 

* J. Carter Brown's Manuscripts, No. 515, Vol. VIII. 



1722.] AND PROVIDENCE PLANTATIONS. 309 



DEPUTIES. 

For Providence. For Warwick. 

Capt. Jos. Whipple, Mr. Anthony Low, 

Mr. Nicholas Power, Mr. Thos. Stafford. 
Mr. Thos. Olney, ■ For New Shoreham. 

Mr. Wm. Turpin. Capt. Simon Ray, 

For Portsmouth. For Jamestown. 

Mr. George Cornell, Capt, Nicholas Carr, 

Mr. Giles Slocum, Mr. Teddeman Hull, 
Mr. Thos. Hicks, 
Mr. Jos. Brownell, 

Col. William Wanton, speaker. 
Mr. Teddeman Hull, clerk. 

FREEMEN ADMITTED AT THIS ASSEMBLY. 

George Dennison, James Brown, James Gardner, Ephraim 
Higgins, David Akin, Jeremiah Wilson, John Stanton, 3d, Jas. 
May, Wm. Peobody, Henry Green, Jonathan Thurston, John 
Davis, Sam'l Thurston, Rich'd Monday, Wm. Almy, Jos.Slocum, 
John Mumford, Jr., Sam'l Allen, Jeremiah Barker, Jas. Barker, 
Benj. Thurston, John Casey, Robert Gardner, Stephen Hookey, 
Jr., Jacob Dehain, Elisha Coggeshall, James Brown, Caleb 
Clagget, James Thurston, Jonathan Clarke, son of Richard, Ca- 
rey Clarke, Wm. Barker, Jr,. Jonathan Easton, John Carr, Row- 
land Allen, Robert Bennet, Wm. Bennet, Thos. Bayley, Philip 
Shearman, Joshua Coggeshall, Peleg Wilbour, James Phillips, 
Michael Phillips, Israel Phillips, Peter Taylor, James Cranston, 
and John Bennet, all of Newport, are admitted freemen of this 
colony. 

William Antrim, Peter Barnes, John Whipple, cordwainer, 
Josiah Burlingame, Ebenezer Cook, Jonathan Randal, Job 
Harris, Abraham Turtolotte, Elisha Hopkins, Thomas Harris, 
Jr., John Harris, Solomon Prince, Richard Thornton, and 
Thos. Vincent, all of Providence, are admitted freemen of this 
colony. 



310 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

Ralph Allen, Walter Cornel, John Bennet, Samuel Fette- 
place, Ebenezer Shearman, Win. Remington, Caleb Shrieve, and 
Thomas Cory, all of Portsmouth, are admitted freemen of this 
colony. 

Benjamin Gorton, son of John Gorton, Thomas Bice, Samuel 
Greene, Robert West-gate, Edward Gorton, Thomas Tippits, 
and John Wightman, all of Warwick, are admitted freemen of 
this colony. 

Christopher Phillips, John Wills, Jr., Robert Case, John 
Jenckins, George Haszard, Jr., Robert Wilcox, son of Thomas, 
Stephen Wilcocks, son of Thomas, William Ptobinson, Daniel 
Knowles, Stephen Haszard, Jr., Jeremiah Sheffield, Wm. El- 
dred, John] Gardner, Benjamin Haszard, Henry Northup, Jr., 
George Wightman, Joseph Congdon, Nicholas Northup, James 
Sweet, Benjamin Sweet, James Huling, Henry Northup, Jef- 
fery Wilcox, Samuel Cooper, Joseph Wright, Wm. Mumford, 
Robert Haszard, Imrnanuel Northup, Jeffery Haszard, Benjamin 
Mumford, Thomas Potter, Jr., Peleg Mumford, Jr., John Crow- 
der, David Nickols, Anthony Eldred, Isaac Gardner, Edward 
Dyre, Jr., Alexander Huling, Jr., Thomas Josling, Benjamin 
Wells, Peter Boss, Richard Mumford, Robert Knowles, Joseph 
Mumford, George Haszard, son of Thomas, Stephen Cooper, 
Jeremiah Haszard, Jr., Ichabod Potter, Jr., Wm. Sheffield, son 
of Ichabod, William Havens, Jr., Nathaniel Niles, and Thomas 
Eldred, son of Daniel Eldred, all of Kingstown, are admitted 
freemen of this colony. 



1722.] AND PROVIDENCE PLANTATIONS. 311 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Nctvport, the first 
Wednesday in May, 1722. 

The Hon. Samuel Cranston, Governor. 
The Hon. John Wanton, Deputy Governor. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Giles Slocum, 

Major James Brown, Major Randall Holden, 

Capt. Benjamin Ellery, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Jeremiah Gould, 

Mr. Thos. Cornell, Mr. Elisha Cole. 
Mr. Geo. Cornell, 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTTORNEY. 

Mr. Jahleel Brenton. Mr. Daniel Updike. 

Major Thomas Frye, speaker. 
Mr. Teddeman Hull, clerk. 

Voted, that Lieut. John Wanton, Major Thomas Frye, Mr. 
'Jeremiah Gould, and Lieut. Col. William Coddington, be, and 
they hereby are appointed an audit, to audit the general treas- 
urer's accounts, and make their return thereof; to the next ses- 
sion of this Assembly. 



312 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

Voted, that Lieut. Col. John Wanton be allowed £30 out of 
the general treasury, for his service as deputy governor of this 
colony, for the year last past. 

Voted, that the deputy governor of this colony, for the time 
being, be allowed £30 per annum, as a salary for said office, 
out of the general treasury of this colony. 

This Assembly is adjourned to Newport, the third Tuesday 
of June next, if not notified to meet before. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivjmi, the 
third Tuesday of Jane, 1722. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Giles Slocum, 

Major James Brown, Major Randall Ilolden, 

Capt. Benjamin Ellery, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Elisha Cole. 

Major Thomas Frye, speaker. 
Mr. Tecldeman Hull, clerk. 

James Arnold, of Newport, in the colony, aforesaid, ship- 
wright, appellant from a judgment of a General Court of 
Trials, held at Newport, on the last Tuesday of March last 
past, in an action of the case of Charles Whitfield, of the same 
Newport, mariner, appellee, at which said court, judgment was 
rendered for the said Charles Whitfield, now appellee, for £?>?> 
VJs.'bd.:— 



1722.] AND PROVIDENCE PLANTATIONS. 313 

The appellant's and appellee's reasons of appeal being duly 
heard, and maturely considered, the judgment and decree of 
this Assembly is, and they do hereby adjudge and decree, that 
the judgment of the General Court of Trials held at Newport, 
on the last Tuesday of March last past, be mitigated and chan- 
cerized down to £4 ; and it is chancerized down, accordingly ; 
and the appellant have his costs of this court. Costs taxed, is 
£1 Ws. Scl 

Christopher Almy, Jr., of Newport, in the colony, aforesaid, 
gentleman, appellant in an action of the case from a judgment of 
a General Court of Trials, held at Newport, on the last Tuesday 
of March last past, Eunice Greenman, of said Newport, spins- 
ter, appellee, at which said court, the said Eunice obtained 
judgment against the said Christopher Almy, for the sum of 
£92, the appellant's and appellee's reasons being duly heard 
and maturely considered ; — 

The judgment and decree of this Assembly, and they do 
hereby adjudge and decree, that the judgment of the said 
General Court of Trials, given for the said Eunice Greenman, 
on the last Tuesday of March last past, be confirmed ; and that 
the appellee have her costs. Costs taxed, is £2 2s. Qd. 

Whereas, there is a petition before this Assembly, preferred 
by Capt. Simon Davis and Mercy Osborn, of Bristol, presented 
to the Assembly in June last past, which has been referred till 
this time, which petition is for money, as they say, is due to 
Mr. John Clarke, late of Newport, gentleman, deceased, his es- 
tate, and by him given to his wife, who was mother to the said 
Davis and Osborn, as the petition mentions ; and this house 
having thoroughly considered the premises, and upon examin- 
ing the several records of said colony, and evidences, do think 
there may be something due to said Clarke's estate, from the 
colony ; — 

Therefore, we being willing that justice may be done, it is 
our opinion, and it is voted, that there be £'100 in bills of credit, 
paid to said Davis and Osborn ; and they to give a full discharge 
to the colony ; and likewise to the assigns of said Clarke's 
estate, for their whole demands of every thing due to said 

VOL. iv. 40 



314 RECORDS OF THE COLONY OF RHODE ISLAND [l722. 

Clarke's estate, from the colony ; and that they distribute said 
sum according to said Clarke's instructions; the charge of 
obtaining the abovesaid sum, being first paid and deducted. 

Whereas, Major Sheffield petitioned this Assembly for his 
negro Ben, to be restored to him, who was detained in the con- 
stable's custody ■ — 

Upon consideration whereof, it is voted, that Major Sheffield 
have his negro delivered forthwith to him, with his earnings 
since the constable has had him. 

Whereas, John Hance petitioned this Assembly, for relief 
from the grievance he lay under, by being obliged by the in- 
habitants of New Shoreham to pay £14, for their helping him, 
being in his sloop, which was left several leagues off from Block 
Island, at anchor, by the pirates ; — 

Which petition being duly considered, it is voted and de- 
clared, that the said John Hance pay the inhabitants of New 
Shoreham, £7, and no more, for their assisting him to bring in 
his sloop. 

Jacob Anthony, Thomas Goodfellow, Richard Sandford, 
Richard Shearman, Thomas Scranton, Joseph Crandall, Samuel 
Albro, Ephraim Harris, Joseph Wilcocks, and Thomas Cook, 
son of Thomas Cook, weaver, all of Portsmouth, are admit- 
ted freemen of this colony, 

Voted, that Capt. Edward Greenman have, out of the gener- 
al treasury, £25, for his present necessity. 

Voted, that Major James Brown, Col. Wm. Wanton, and 
Lieut. Col. William Coddington, be a committee to examine the 
account of what money has been paid by His Honor, the Gov- 
ernor, and the general treasurer, out of the Greenmans' fines, 
and the £1500 for the changing the counterfeit bills, before 
Greenman's petition be answered ; and that the counterfeit 
bills be burnt. 

Voted, that the she iff be commissary for the colony's stores 
for this present year ; and that for his service and store, he 
have £10 out of the general treasury. 

And that Capt. John Brown see the stores delivered to the 
commissary ; and that he take a receipt for the same, and 



1722.] AND PROVIDENCE PLANTATIONS. 315 

lodge it with the general treasurer, and to be paid for his trou- 
ble therein. 

Voted, that Mr. Wm. Anthony be allowed £5 out of the 
general treasury, for his extraordinary service, on account of 
the small pox, the year past. 

Voted, that His Honor, the Governor, have £50 out of the 
general treasury, as a gratuity for his extraordinary service the 
last year. 

Whereas, Elisha Cole, Esq., did obtain an act of the General 
Assembly, at their session, at Warwick, in October, 1721, for 
the stopping up a highway in Kingstown, which is much to 
the disturbance and prejudice of the inhabitants of said town, 
as by their petition, bearing date May, 1722, doth appear ; 
and whereas, the said act was obtained without the town's be- 
ing notified to answer, seems to be illegal ; — 

Therefore, it is voted, that the said act be, and it hereby is 
made null and void, and of none effect. 

And it is also voted, that the said Elisha Cole do, sometime 
between this and December next, take away the bars and 
gates, and leave the said way clear of all incumbrances, as be- 
fore the said act was passed. 

Voted, that there be a second company, or trained band, 
made in the town of East Greenwich, and that all the inhabit- 
ants to the westward of the old line of the town of East Green- 
wich, be a second company, and do their duty there as they 
have been accustomed to do in the other part of said town, be- 
fore this division ; and that the field officers appoint the place 
of training. 

Voted, that His Honor, the Governor, and Lieut. Col. Wm. 
Coddington, be a committee to draw the minutes of this Assem- 
bly into acts. 

Voted, that a second company of militia be made out of the 
town of Warwick ; and that the field officers of the main land 
regiment make the division, and appoint the place of training, 
with the most conveniency for both compnnies. 

Voted, that Capt Jonathan Nichols and Capt. John Brown, 



316 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

be a committee to examine the account of the charges of the 
late expedition, and to pass what they find rightly charged. 

Col. Wm. Wanton, Major Thomas Frye and Capt. Joseph 
Stanton, paid into the general treasury the sum of £50, [as] 
trustees to Ninegret, sachem, in part of the money lent him out 
of the general treasury. 

Voted, that the sum of £277 65. Id., half in old bills of cred- 
it, and the sum of £174 13s. M., of new bills, received of the 
treasurer, the bills being impassable by reason of raggedness, 
be burnt in the presence of this Assembly ; and it was burnt, 
accordingly. 

Capt. Job Almy, Mr. Joseph Whipple and Mr. Joseph Bor- 
den, are allowed £15, out of the general treasury, for the ex- 
changing of £1061 6s. of paper money into silver, for the col- 
ony's service. 

Forasmuch, as the town of Kingstown is very large, and full 
of people, so that it is found convenient for the ease of the in- 
habitants, and dispatch of business, to divide the same into two 
parts, and make two towns thereof; — 

Be it therefore enacted by the authority of this Assembly, 
that the town of Kingstown be divided and made into two 
towns, by the names of North and South Kingstown ; and that 
each of them have one assistant, and the like privileges as oth- 
er towns in this colony have, and do enjoy. 

Voted, that Capt. Jonathan Nichols, Col. Wm. Wanton and 
Mr. Teddeman Hull, be a committee to divide the town of 
Kingstown into two towns, and state the bounds thereof with 
all the equality as may be, and Kingstown to pay the charge. 

Voted, that this Assembly be adjourned to the last Tuesday 
of August next, except the Governor see cause to call them 
sooner ; and it is adjourned accordingly. 



1722.] AND PROVIDENCE PLANTATIONS. 317 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the last Tues- 
day of August, 1722. 

The Hon. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Major Thomas Frye, speaker. 
Mr. Teddeman Hull, clerk. 

Voted, that the committee appointed by the Assembly, the 
third Tuesday in June, 1722, to divide Kingstown into two 
towns, and state the bounds thereof, do proceed in said busi- 
ness, and complete the same, according to said act ; and make 
their return to the next Assembly, to be held at Providence, 
the last Wednesday of October next. 

Whereas, Wm. Borden, of Newport, in this colony, petitioned 
this Assembly, that they would grant him a bounty for the 
making of duck, with hemp, of the production of our own soil ; 
which enterprize, if effectually carried on, we judge will be of 
great advantage to this colony ; — 

Be it therefore enacted by this Assembly, and by the authority 
of the same it is enacted, that for the encouragement and car- 
rying on the said work, that the said Wm. Borden shall have 
and receive for the space of five years, out of the general treas- 
ury, the bounty of twenty shillings, for each bolt by him made 
which shall be equal in goodness, to good merchantable Hol- 
land's cluck ; which shall be viewed and sealed by such person 
or persons as shall be appointed to view the same ; and that 
no other persons shall be entitled to any bounty for the mak- 
ing duck, as aforesaid, within the said term of five years. 

Voted, that the counterfeit bills in the Governor's hands, 
amounting to £'057 14-?., and the counterfeit bills in tho gen- 
eral treasurer's hands, amounting to £116 15s. M., made on 



318 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

the Greenmans' plates, be reduced to ashes, in the presence of 
this Assembly ; and the same was done, accordingly. 

Voted, that the sum of £235 5s. Id., half in bills of credit of 
this colony, of the several denominations following, be reduced 
to ashes, in the presence of this Assembly ; and the same was 
done, accordingly. * * * * 

An Act in addition to an act, entlied an act for preventing 
damage to be done by firing the woods in any town of this 
colony. [See public laws, 1730, p. 127.] 

Voted, that Capt. Edward Greenman and his son Silas, have 
[given] up their £400 bond, in the general treasurer's hands ; 
they giving to the general treasurer of this colony, a bond of 
£100, conditioned for the payment and changing of such 
counterfeit bills as shall further be brought to be changed, into 
the general treasury of this colony. 

Voted, that His Honor, the Governor, have £25, out of the 
Greenmans' fines, in the treasurer's hands, for his extraordinary 
service, in changing the counterfeit bills ; and that Mr. Samuel 
Vernon be allowed £5, for his service in said affair, out of said 
fines, in the treasurer's hands. 

Voted, that Capt. John Brown and Capt. Job Almy be the 
sealers to seal all such duck as shall be made by Win. Borden, 
till May next ; and that they be paid twelve pence per bolt, 
for sealing, by said Borden, for all they shall seal. 

Voted, that the committee of Providence, for renewing the 
mortgages, and taking of bonds for the first £40,000, have 
twenty shillings each, for their service ; and that the committee 
of each other town, be paid after the same proportion, for the 
mortgages and bonds by them taken. 

God save the King;. 



1722.] 



AND PROVIDENCE PLANTATIONS. 



319 



Proceedings of the General Assembly, held for the Colony of fihodc 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1722. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 



ASSISTANTS. 



Capt. Jonathan Nichols, 
Major James Brown, 
Capt. Benjamin Ellery, 
Mr. Andrew Harris, 
Mr. George Cornell, 

For Newport. 
Col. William Wanton, 
Lieut. Col. Wm. Codding 
Capt. John Brown, 
Mr. Wm. Barker, 
Mr. John Coddington. 

For Providence. 
Col. Joseph Whipple, 
Mr. Philip Tillinghast, 
Mr. Nicholas Power, 
Mr. Thomas Olney. 

For Portsmouth. 
Mr. Thomas Cornell, 
Mr. William Anthony, 
William Coggeshall, 
Mr. Stephen Brownell. 



Mr. Giles Slocum, 
Major Randall Holden, 
Mr. John Wickes, 
Mr. Jeremiah Gould, 
Mr. Elisha Cole. 

DEPUTIES. 

For WarivicJc. 
Major Job Greene, 
;ton, Capt. Benj. Greene, 
Mr. Moses Lippit, 
Capt. John Rice. 

For Westerly. 
Mr. John Hill, 
Mr. Isaac Thomson. 

New Shoreham. 
Capt. Simon Ray. 

For Kingstown. 
Mr. Rouse Helme, 
Mr. John Watson, Jr. 

For Fast Greenwich. 
Mr. Pardon Tillinghast, 
Capt. Joshua Coggeshall. 

For Jamestown. 
Capt. Nicholas Carr, 
Mr. Teddeman Hull. 



320 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

Lieut. Col. William Coddington, speaker. 
Mr. Teddeman Hull, clerk. 

Benjamin Elleiy, of Newport, in the colony aforesaid, Esq., 
appellant from a judgment of a General Court of Trials, held 
at Newport, within and for said colony, on the first Tuesday of 
September last past, in 'an action of the case, damage £500, 
John Wanton, of the same Newport, Esq., late deputy governor, 
of said colony, appellee ; at which said Court of Trials, the said 
John Wanton obtained a verdict of jury and judgment of 
court for £100 ; — 

The appellant and appellee being duly heard, this Assembly 
do adjudge and decree, that the judgment of the General Court 
of Trials held on the first Tuesday of September last past, be, 
and it is hereby chancerized down to twenty shillings ; and 
that the appellee have his costs of this court. 

Voted, that His Honor, the Governor answer Governor 
Shute's letter and demand for men and money, to carry on a 
war against the Indians at the eastward, and to see upon what 
grounds the war is begun, and if upon just grounds, that then 
the Governor and council be, and they hereby are empowered 
to appoint and send a person to treat with the Governor of Bos- 
ton about our reasonable quota of men or money, for carrying 
on said war. 

Upon the memorial of Jahleel Brenton, of Newport, Esq., 
praying that the £30, granted him by the General Assembly 
of this colony, in the year 1697 or 1698, for his charge, care, 
time and pains, in answering the Duchess of Hamilton's claims, 
in behalf of this colony ; — 

And this Assembly, considering the same, do order, that the 
said Jahleel Brenton be paid the said sum of £30, out of the 
general treasury of this colony ; provided, that it doth not ap- 
pear that it hath been already paid. 

Voted, that Mr. Isaac Thomson be paid the sum of £18 12s., 
out of the general treasury ; being the balance of his account 
of disbursements for the colony, in repairing the half of Paw- 
catuck bridge. 



1722.] AND PROVIDENCE PLANTATIONS. 321 

Voted, that Peleg Rhodes be allowed £10 out of the gener- 
al treasury, for his service in making Pawtucket bridge. 

Voted, (upon the petition of William Borden,) that he be al- 
lowed twenty shillings per bolt, for every bolt of duck by him 
made of the produce of this country, for one other five years 
more than was formerly granted him, to make up ten years in 
the whole ; he making the said duck, &c, as in said act is 
specified. 

Voted, that this Assembly be adjourned to Providence, on 
the last Tuesday of February next, if the Governor or deputy 
governor don't see cause to call them sooner. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last Tues- 
day of February, 1722. 

The Hon. Joseph Jenckes, Deputy Governor. 

Richard Ward, recorder. 

Col. William Wanton, speaker. 

Mr. John Coddington, clerk. 

An Act regulating the return of writs of arrest and summons. 
[Public laws, for 1730, p. 128.] 

Voted, that the act for dividing of Kingstown, be not re- 
pealed. 

We, whose names are hereunto subscribed, being appointed 
and authorized, by virtue of an act of the General Assembly of 
His Majesty's colony of Rhode Island, &c, held at Newport, by 
adjournment, the third Tuesday of June, 172% to divide the 
town of Kingstown into two towns (with all the equality that 
could be, and to be called by the name of North and South 
Kingstown), have proceeded $s followeth, viz. : 

VOL. iv. 41 



322 RECORDS OF THE COLONY OF RHODE ISLAND [1722. 

Beginning at the Narragansett bay, at the dividing line be- 
tween Mr. Francis Willett and Mr. William Robinson, and so 
continuing said line to the river commonly called Pettaquam- 
scut river ; and from thence, a westerly course sixteen degrees 
southerly, unto a certain bound mark in the country road, at a 
corner of a hedge between Watson and Watson ; and from 
thence, west four degrees north, until it comes into a highway 
between Mrs. Mary Haszard and Eber Shearman ; and from 
thence, keeping the highway, which runs west twenty-one de- 
grees north, to a marked tree, near the end of said highway ; 
and from thence, taking a westerly course twenty-seven de- 
grees northerly, to a marked tree, something to the southward 
of Job Babcock, Jr.'s house, and so continuing the same course 
as near as we could, for the badness of the way, taking a 
marked tree marked on four sides, on the other side of the 
swamp, continuing the same course unto a stake and heap of 
stones at, or near Misquamacock line, and the line contained in 
the aforesaid Kingstown, to the southward of said dividing 
line, to be called South Kingstown ; and all to the northward, 
to be called North Kingstown. 

And it is the opinion and intent of the aforesaid subscrib- 
ers, that if, and in case it should so happen, that the aforesaid 
line should run through any man's land or property on that 
side where his house or major part of the land thereunto be- 
longing, shall fall, he shall be one of that town, and he shall 
pay rates and taxes into, and do all other duties in the same, 
for all his said estate, as afore mentioned. 

As witness our hands, this 23d of September, one thousand 
seven hundred and twenty-two. JONATHAN NICHOLS, 

WM. WANTON, 
T. HULL. 

Voted, that this foregoing return be accepted, and that 
North Kingstown be the eldest town. 

It is voted and enacted by this Assembly, that the town 
meeting to be held at the house of Thomas Joslin, (for the 
late town of Kingstown, now North and South Kingstown) 



1722.] AND PROVIDENCE PLANTATIONS, 323 

on Monday next, do choose jury men to serve in the next Gen- 
eral Court of Trials, to be held for this colony, on the last Tues- 
day of March next; and that the freemen of each of the respec- 
tive towns of North Kingstown and South Kingstown, meet on 
the third Wednesday of March next, in each of their respec- 
tive towns, at some convenient place in each respective town 
as the assistants or justices dwelling in each respective town, 
shall appoint, and shall then choose deputies, and give in their 
proxies for the general election, and appoint their quarter 
meetings, and that the inhabitants of each town at their town 
meeting on Monday next, be advised thereof by the assistants 
of said town ; and that the towns of North Kingstown and 
South Kingstown, govern themselves accordingly. 

And that the recorder draw up for each town their charter, 
in order to deliver them to the magistrates at the election, such 
as shall be chosen for each respective town. 

And that all former charters shall cease, upon their receiv- 
ing their charters for each town. And at their respective town 
meetings to be held on the third Wednesday of March next, 
each town shall choose two men, to join in a committee to audit 
the treasurer's accounts, that each town of North and South 
Kingstown may have their proportion of said money, when 
they have chosen their respective treasurers, in proportion 
according to their taxes for each town. 

And that the records of the late town of Kingstown be put 
into the hands of the clerk of North Kingstown, to be, and re- 
main in said North Kingstown ; and that a copy of all records 
belonging to South Kingstown, to be drawn out of the records 
of the late Kingstown, and to be delivered to the clerk of said 
South Kingstown, when chosen, and to be paid for out of North 
and South Kingstown treasuries. 

And that Mr. Rouse Helme and Mr. Francis Willett be, and 
they hereby are appointed to draw a copy of said records ; 
and that each town of North and South Kingstown, shall, after 
they receive their charters, choose two petty jurymen and one 
grand juryman, to serve at each General Court of Trials, to be 
held for this colony. 



324 RECORDS OP THE COLONY OF RHODE ISLAND [1723. 

And it is further ordered, that the day of choice of town of- 
ficers for each town, he mentioned in their charters. 

Voted, that the act for regulating of North and South Kings- 
town, he immediately proclaimed. 

Voted, that Mr. John Coddington be added to the recorder, 
to draw up the other acts in form, and that they be proclaimed 
under the colony's seal, in Newport, within fourteen days after 
the dissolution of this Assembly. 

This Assembly is dissolved. 

God save the King. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the 3Qtk 
day of April. 1723. 

The Hon. Samuel Cranston, Governor. 

The Honorable Joseph Jenckes, deputy governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Giles Slocum, 

Major James Brown, Major Randall Holden, 

Capt. Benj. Ellery, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Elisha Cole. 

DEPUTIES. 

For Newport. For Providence. 

Col. Wm. Wanton, Col. Joseph Whipple, 
Lieut. Col. Wm. Coddington Mr. Philip Tillinghast, 

Capt. John Brown, Mr. Nicholas Power, 

Mr. Wm. Barker, Mr. Wm. Turpin. 
Mr. Thos. Weaver, 
Mr. John Coddington- 



1723.] AND PROVIDENCE PLANTATIONS. 325 



DEPUTIES. 

For Portsmouth. For Neto Shoreham. 

Mr. Thomas Cornell, Capt. Simon Ray, 

Mr. William Anthony, Lieut. Thomas Mitchell. 
Mr. Gideon Freeborne, For North Kingstown. 

Mr. Daniel Pearce. Mr. Robert Hull, 

For Warwick. Mr. Francis Willett. 
Capt. John Waterman, For South Kingstown. 

Capt. Benjamin Greene, Mr. John Watson, 

Mr. John Warner, Mr. Job Babcock. 
Mr. John Greene. For East Greenwich. 

For Westerly. Major Thos. Fry. 
Capt. John Babcock, For Jamestown. 

Mr. Christ. Champlin, Jr. Capt. Nicholas Carr, 

Mr. Teddeman Hull. 

Col. William Wanton, speaker. 
Mr. John Coddington, clerk. 

Daniel Updike, Samuel Phillips, William Phillips, Robert 
Odlin, William Ellery, Thomas Stephens, Jr., Samuel Weeden, 
Isaac Martindale, James Coggeshall, John Akin, Job Almy, 
James Allen, Samuel Fitch, John Gidley, John Manchester, 
Elias Wair, Walter Chapman, Ebenezer Goddard, Robert 
Wrightington, Elisha Sandford, May Nickols, Robert Little, 
Caleb Weeden, Valley Pearce, Josiah Coggeshall, Jr., Samuel 
Mott, Jr. and Benjamin Sayer, all of Newport, are admitted 
free of this colony ; and Caleb Carr is admitted free of this 
colony also. 

John Sheldon, Jr., Daniel Mathewson, Jr., James Mathew- 
son, Jr., Edward Sheldon, Stephen Thornton, Pardon Sheldon, 
Joseph Thornton, Joseph Randal, John Randal, Benj. Thorn- 
ton, Jr., John Aldrich, Jr., Benjamin Wright, Jr., Jos. Thorn- 
ton, Jr., Thomas Thornton, Thomas King, Henry Harris, Jr. ? 
Joseph Williams, son of Thomas, John Tredwen, Daniel Hern- 
deen, Richard Waterman, Jr., Abraham Sheldon, Joseph Ar- 
nold, Jr., Daniel Jenckes, Jr., Elisha Greene, Samuel Eburn, 



326 RECORDS OF THE COLONY OF RHODE ISLAND [1723. 

Jonathan Sprague, the third, Nathan Paine, Stephen Paine, 
Benjamin Paine, Cornelius Salsberry, Jr., John Barnes, William 
Burton, Edward Mitchel, Henry Sweeting, Roger Williams, 
Charles Barding, Providence Williams, David Alclrich, Joseph 
Sheldon, John Whitman, William Page, Zuriel Waterman, Jr., 
Benjamin Waterman, Jr., Stephen Field, John Hoyle, Nathan'l 
Field, Joseph Carpenter, John Power, John Herndeen, Jr.j 
John Church, Elisha Herndeen, John Place, Enoch Place, Solo- 
mon Herndeen, John Dexter, Jr., Jeremiah Arnold, Arthur 
Fenner, Jr., Edward Fenner, John Fenner, David Arnold and 
Joseph Brown, all of Providence, are admitted freemen of this 
colony. 

William Cooke, Caleb Bennet, Daniel Lawton, son of Jere- 
miah Lawton, Robert Burrington, Daniel Shrieve, John Free- 
borne, William Anthony, Jr. and John Coggeshall, all of Ports- 
mouth, are admitted freemen of this colony. 

Elisha Greene, Timothy Sheldon, Ebenezer Greene, Joseph 
Carder, Abiah Carpenter, John Holden, son of Charles, Giles 
Slocum and Amos Lockwood, all of Warwick, are admitted 
freemen of this colony. 

Thomas Clarke, Thomas Hiscox, James Benniss, Samuel 
Babcocke, Stephen Wilcox, Edward Wilcox, John Mackoun, 
Jr., Jos. Maxon Jr., Thos. Burdick, Jr., Edw. Saunders, Jr., 
Stephen Saunders, Thomas Brand, Thomas Wells, Josiah Hill? 
Joseph Reynolds, William Devil, Thomas Stanton, Daniel Stan- 
ton, Samuel Burdick, Robert Burdick, John Maxon, Jr., John 
Cottrel, Peter Crandall, Jr., John Loveliss, Daniel Babcocke? 
Jonathan Brown, Thomas Morehouse, Joseph Crandall, John 
Lewis, Jr., Samuel Allen, Edward Blevin, William James, 
Benjamin Saunders, John Lewis, son to John Lewis, Thomas 
Lillibridge, James Rogers, Thomas Rogers, John Moore, Peter 
Button, Jr., Samuel Perry, Samuel Burdick, Jr., Ezekiel Gavet? 
Zacheus Reynolds, Thomas Burdick, son to Samuel Burdick? 
William Champlin, son to Christopher Champlin, and John 
Roose, all of Westerly, are admitted freemen of this colony. 

Abel Franklin, Joseph Hull, and David Greene. Jr.. all of 
Jamestown, are admitted freemen of this colony. 



1723.] AND PROVIDENCE PLANTATIONS. 327 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, lite first 
Wednesday in May, 1723. 

Col. William Wanton, speaker. 
Mr. John Coddington, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. William Anthony, 

Lieut. Col. John Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Rouse Helme. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr. Jahleel Brenton, Jr. Mr. Daniel Updike. 

May the M. 

The Governor took the oaths to navigation and trade, in 
the presence of the Assembly. 

Whereas, there is an act passed in this colony, requiring 
any person marrying an executrix or administratrix, to give 
bond double the value of the personal estate of the testator or 
intestate, to the town council and their successors in said office 
where the will or inventory was proved ; — 

It is the opinion of this Assembly, that no person shall be 



328 RECORDS OF THE COLONY OF RHODE ISLAND [1723. 

obliged to give any such bond after the decease of such execu- 
trix or administratrix, and that it is the intent of said act. 

Whereas, the town of New Shoreham, by petition, has laid 
before this Assembly the great damage they have sustained in 
losing their pier, by the late great storm, whereby there is 
scarcely any landing on said island, to bring off any of their 
produce, nor no riding for vessels in a storm ; and also the 
great detriment which is done, for the want of a pier at said 
island, for the encouragement of the navigation of this colony, 
especially the fishery, which is begun to be carried on success- 
fully, and that the inhabitants of the island are not able of 
themselves to do the same ; — 

Upon consideration whereof, it is voted and enacted by this 
Assembly, that the inhabitants of New Shoreham have liberty 
of gathering money by subscription, throughout this colony ; 
and that the town of New Shoreham make a rate upon said 
town, for completing the same. 

Voted, that £15 be paid out of the general treasury to 
Capt. John Waterman and Capt. Benj. Greene, for, and towards 
the repairing of the bridge built over Pawtuxet river, near said 
Capt. Green's house. 

Voted, that the £10, due to Col. Wm. Wanton, Capt. Jona- 
than Nichols and Mr. Teddeman Hull, for dividing of Kings- 
town, be paid out of the general treasury. 

Voted, that this Assembly be adjourned to Newport, on 
Tuesday, the 18th day of June next ; and it is adjourned ac- 
cordingly. 



1723.] AND PROVIDENCE PLANTATIONS. 329 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the \%th day of 
June, 1723. 

The Hon. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Col. William Wanton, speaker. 
Mr. John Coddington, clerk. 

An Act for the better securing the pirates, now in His Majes- 
ty's jail, in Newport. 

Forasmuch as there are thirty pirates brought into this har- 
bor, by Capt. Solegarr, commander of His Majesty's ship the 
Grey Hound, and now in His Majesty's jail, in Newport, and 
it being suspected that they may endeavor to escape from 
thence, unless they are watched and guarded by night ; — 

For the preventing of which, be it enacted by the General 
Assembly, and by the authority of the same it is enacted, that 
the field officers of the regiment of the militia on the islands, 
shall, and they are hereby empowered to order and set a mili- 
tary watch of such and so many men as they shall deem need- 
ful and necessary, to secure the said pirates from making their 
escape if attempted, and to set such penalties on default of not 
watching, as to them shall seem needful ; and that the charge 
of the watch be paid out of the general treasury ; any former 
law, custom or usage to the contrary hereof, in any wise not- 
withstanding. 

Voted, that £100, be remitted out of the general treasury, 
to our agent in Great Britain, for the service of the colony ; 
and Col. Wm. Coddington and the general treasurer procure 
bills of exchange or silver, to that value, and deliver it to the 
Governor, who is to send it to our agent. 

Voted, that the £123, odd money, in the hands of Mr. Rob- 
ert Gardner, late naval officer, be paid by him to Capt. Simon 
vol. iv. 42 



330 RECORDS OP THE COLONY OP RHODE ISLAND [1723. 

Ray, to and for the use of New Shoreham, to assist them in 
rebuilding their pier, they building it in two years' time. 

Voted, that the sum of £642 12s. Id., of torn ragged bills in 
the treasury, be burnt in the presence of this Assembly ; and 
it was burnt accordingly. 

Voted, that the general treasurer get the colony house re- 
paired, and refitted where needful ; and the charges to be paid 
out of the general treasury. 

Voted, that Mr. Daniel Updike, the attorney general, be, 
and he hereby is ordered, appointed and empowered to gather 
in the money due to this colony, for the importation of negroes, 
and to prosecute, sue and implead such person or persons as 
shall refuse to pay the same ; and that he be allowed five shil- 
lings per head, for every slave that shall be hereafter imported 
into this colony, out of the impost money ; and that he be also 
allowed ten per cent.'more for all such money as he shall re- 
cover of the outstanding debts ; and in all respects to have 
the like power as was given to the naval officer by the former 
act. 

This Assembly is adjourned to the second Tuesday of Sep- 
tember next ensuing. 
God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the second Tues- 
day of September, 1723. 

The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. William Anthony, 

Lieut. Col. John Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. Rouse Helme. 
Mr. George Cornell, 



1723.] AND TROVIDENCE PLANTATIONS. 331 

Col. William Wanton, speaker. 
Mr. John Coddington, clerk. 

Voted, that the accounts of the charges of the trial and exe- 
cuting of the pirates, and their keeping, &c, which are exhib- 
ited to this Assembly, and by the lower house endorsed " al- 
lowed," be paid out of the general treasury. 

Voted, that Mr. Valentine be allowed £10, out of the gen- 
eral treasury, and Richard Ward £Q, for their service in at_ 
tending the trial of the said pirates* 

Voted, that £50 more than was granted by this Assembly 
at their former session, be raised and sent to our agent in 
Great Britain, for the colony's service ; and that Col. William 
Wanton be added to the former committee for the raising of 
the same. , 

Voted, that Mr. Daniel Updike, the attorney general, have 



* [The trial and executions of these pirates, is an important event in Rhode Island 
history. It appears that two piratical vessels, named the Ranger and the Fortune, 
which had committed several piracies on the high seas, being in company on the 
Sth May, 1723, captured the ship Amsterdam Merchant, John Welland, master, the 
day after which, they plundered her of money and a considerable amount of stores, 
cut off' one of the captain's ears, and afterwards sunk the vessel. A month after, 
they took a Virginia sloop, and after rifling her, let her go. The following day, 
this vessel fell in with His Brittanic Majesty's ship the Greyhound, Capt. Solgard, 
of 20 guns, to whom they related the particulars of their capture and release. 
Learning that the pirates had sailed to the northward, in the direction of Block Is- 
land, the Greyhound pursued and came up with them three days after, near the 
east end of Long Island. The pirates taking the Greyhound for a merchant vessel 
immediately gave chace, when an engagement took place, which lasted an hour, when, 
the former finding they had mistaken their antagonist, and were getting the worst of 
it, put away before the wind, and attempted to make their escape. The wind being 
light, Capt. Solgard got out his oars, and followed in pursuit. A second engage- 
ment followed, during which the Greyhound got between the pirates, and after 
a while succeeded in disabling one of them, when they called for cpiarter. In the 
action, seven men were wounded on board the Greyhound, and many on board the 
piratical vessel. She was then taken to Newport, together with her crew of 
thirty-six men. The pirates were soon after tried in Newport, and twenty-six sen- 
tenced to be hanged. The execution took place on Gravelly Point, " within the 
flux and reflux of the sea," opposite the town of Newport, on the 19th July, 1723 
A full account of the trial of these pirates, may be found in the Newport Mercury 
for July, August anil September, 1S58.]— J. R. B. 



332 RECORDS OF THE COLONY OF RHODE ISLAND [1723. 

£5 allowed him out of the general treasury, for his service in 
attending on the trial of the pirates. 
God save the King. 



Proceedings of the General Assembly held for the Colon?/ of 
Rhode Island and Providence Plantations, at Neivport, the 
2Qth day of November, 1723. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Major Randall Holden, 

Lieut. Col. John Wanton, Mr. John Wickes, 

Capt. Edw. Thurston, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Rouse Helme. 
Mr. Wm. Anthony, 

Col. Wm. Wanton, speaker. 
Mr. Teddeman Hull, clerk. 

Voted, that all business that was referred to the last general 
Assembly to be held on the last Wednesday in October last, be 
brought to a hearing in this Assembly. 

Whereas, Rouse Helme, Esq. and Francis Willet, Esq., peti- 
tioned this Assembly, that they might have their pay for their 
transcribing of the records of the late town of Kingstown, pur- 
suant to the act of Assembly ; and that the towns of North 
and South Kingstown have refused to pay the same ; — 

Whereupon it is enacted, that the said Rouse Helme and 
Francis Willet, at their next quarter meeting, demand their 
pay again for the same ; and if they shall refuse and neglect 



1723.] AND PROVIDENCE PLANTATIONS. 333 

to pay the said money due for transcribing said records (which 
being thirteen hundred and twenty pages, comes to £66, but 
the said persons being willing, in consideration of prompt pay- 
ment, to take £60 for the same ; provided, said work be done 
as it ought to be), that then the said persons shall take a note 
from under the town clerk's hand, that the said town refuses 
to pay the same ; which, being carried to the general treasurer, 
the said general treasurer shall pay to the said Rouse Helme, 
Esq., £30 out of the money in his hand, which is due to 
said South Kingstown, for their part of the interest money, as 
is allowed them by act of Assembly in May, 1721; and to 
Francis Willet, Esq., £30, out of the money in his hands, 
which is due to the town of North Kingstown, for their 
part of the interest money, as allowed them by act of As- 
sembly ; and that the general treasurer keep the said town's 
money in his hands, till he be informed whether they will 
comply with said persons in paying the said money due to 
them. 

Voted and enacted, that there be £1000, in bills of credit 
out of the general treasury, remitted to our agent in 
Great Britain; and that Col. Wm. Wanton, Lieut. Col. Win. 
Coddington and Mr. Joseph Borden be a committee to re- 
mit home the same in bills, gold or silver, or any thing 
else, as they shall judge most for the interest of the colo- 
ny, by advice of the Governor; and that what the commit- 
tee did about remitting home the former bills, silver and 
logwood, is approved of by this Assembly. 

Whereas, our agent, by order of the lords commissioners, 
&c, has written to this government, for answer whether we 
will surrender our charter to the King ; — 

Which being duly considered, it is voted by this Assembly, 
that the answer drawn by the Governor, be sent home. 

[The boundary dispute between Rhode Island and Connecticut appears to have 
been a source of annoyance to the home government. The matter was brought 
before the council, at Whitehall, on the 17th July, 1723, when the several petitions 
reports and counter-reports from these colonics were considered. " The Lords 



334 RECORDS OF THE COLONY OF RHODE ISLAND [1723. 

Commissioners of Trade," says the order of council, " observing by said reports, that 
the matter in dispute has already lasted sixty years, and may, unless the royal au- 
thority should interpose, be perpetual, to the great disturbance of the peace of these 
colonies, and to the utter discouragement of planting and settling the lands in dis- 
pute, and that it were to be wished they would both voluntarily submit themselves 
to His Majesty's immediate government, as some of the colonies have done, and 
that they might be annexed to the Province of New Hampshire." 

The reports and petitions referred to, were then referred back to the agents of 
the colonies, in order that they might learn of Ihem, "whether the said provinces 
are willing to submit themselves to His Majesty's immediate government, as pro- 
posed, as the most effectual means to put an end to disputes between them." This 
order of council was transmitted by Richard Partridge, agent for Rhode Island, and 
Mr. Dummer, agent for Connecticut, both then in London, to the colonies repre- 
sented by them. On the 10th February, 1723-4, Mr. Partridge communicated the 
reply of Rhode Island to the proposal of the council, to be annexed to New Hamp- 
shire. He says : 

" I find they would by no means part with any of their privileges granted them 
by their charter, unless it be wrenched from them, against their minds, which is 
humbly hoped will not be done, until they have forfeited it. 

" As far as I can learn, it is not only impracticable to join Rhode Island, Con- 
necticut and New Hampshire together, by reason of the distant situation of the gov- 
ernments, but it would be very injurious to our inhabitants, for that many substan- 
tial families would be liable to be turned off from their estates and ruined, being 
our opponents in the present controversy between us, would be much superior in 
number, and thereby carry what they please against us ; and we are fully per- 
suaded would favor a certain company of men of their own sort, who claim, under 
pretence of an old mortgage from the Indians (fraudulently obtained), great part of 
our lands in Providence Plantations," etc., etc. 

Mr. Partridge requested the board of trade to appoint a day for re-considering 
the matter in dispute, and that counsel be allowed to speak. 

The reply of Rhode Island referred to in the proceedings of the General Assem- 
bly, is signed by Samuel Cranston, Governor of the colony, and bears date No- 
vember 26, 1723. It is addressed to the agent, Richard Partridge, and is a docu- 
ment of considerable length, setting forth the claims of the colony, and re-capitu- 
lating a history of the boundary controversy. 

Connecticut also declined the proposal to resign her charter, and be annexed to 
New Hampshire, and expressed an " earnest desire that they may still enjoy it." 
In their reply, they exhibited anew the grounds of their claims. 

The several petitions, reports, letters and accompanying documents from Rhode 
Island and Connecticut, referred to, being quite voluminous, are not printed here. 
They may be found in the last volume of Mr. John Carter Brown's collection, in 
the order of their dates. The result was, that the subject was subsequently taken 
up by the King, in council, and in 1726 the boundary line was adjusted, as will'ap- 
pear by the document of that period.] — J. R. B. 



1723.] 



AND PROVIDENCE PLANTATIONS. 335 



Letter from Messrs. Cranston and Jenckes, to Governor Slmte, 
respecting the boundary line between Rhode Island and Mas- 
sachusetts. 

Honorable Sir : — We presume Your Honor is not insensible of the agreement 
made at Roxbury, in the year 1710, by commissioners fully empowered by your 
government and the government of this colony, for the settlement of the line be- 
tween said governments. The substance of said agreement is as folio weth, viz. : 

That the stake set up by Nathaniel Woodward and Solomon Saffry , ap- 
proved in the year of our Lord 1642 (and since that often renewed), in the 

latitude of 41° 55', being three English miles distance, southward from the southern- 
most part of Charles river, agreeable to the letters patents of the Massachusetts 
Province, be accounted and allowed on both sides the commencement of the line 
between the two governments, in such manner that after it has proceeded between 
the said two governments, it may pass over Connecticut river at, or near Bissel's 
house, as is deciphered in the plan and track of that line, by said Nathaniel Wood- 
ward and Solomon Saffry, now shewn forth to us, &c. 

But the commissioners for the government of Rhode Island, pleading that if they 
should agree to a line so far south, the town of Providence would be very great losers 
thereby ; they having purchased considerable of lands to the northward of such 
lines, some years before the Massachusetts had any pretence to claim so far southward. 

Whereupon, there was, by said agreement, a mile of land to be allowed to the 
town of Providence, on the north side of said line, as by the said agreement will 
more fully appear. But when the commissioners for the two governments came to 
run the said line of Woodward and Saffry, they found it would vary much more to 
the south of a due west line, than what your commissioners told ours it would, or 
than any of them were apprised of at the time of making said agreement. Where- 
upon, there arose a dispute between the commissioners, how the said line should be 
run ; those for your province, pleading that it ought (according to the agreement) 
to be run to Bissel's house, let the house be as much to the southward of a due west 
line as it would. Those for the colony, pleaded that by the agreement, the line was 
to pass over Connecticut river, at, or near Bissel's house, as was deciphered by the 
plan and tract of that line ; and the said plan and tract deciphered Bissel's house to 
stand due west ; upon which difference, the commissioners parted. But afterwards 
there was, by the government of Rhode Island, other commissioners added to the 
former ; and the commissioners for your province having some further power grant- 
ed them, for construing the said agreement according to the best of their under- 
standing, met with ours at Rehoboth, on the 22d of October, 1718, where it was 
agreed that the said line should be so run as that it should be two miles and an 
half to the southward of a due west line at Connecticut river, allowing nine degrees 
for the variation of the compass. 

But the commissioners for your province insisted upon having the aforesaid mile 
of land ; but those of our commissioners as did not belong to Providence, wholly 
refused it, declaring that the said mile of land was a particular grant to the town of 
Providence, and they would not meddle to release it. But such of our commission- 
ers as did belong to said town of Providence, did declare, that provided your govern- 
ment would quietly allow them these farms that they had already laid out, they would 
not trouble themselves any further about the mile of land ; and would also allow to 



336 RECORDS OF THE COLONY OP RHODE ISLAND [1723. 

Mr. Belling the seven hundred acres that he had of Providence lands ; and if your 
commissioners would promise to see that performed, they would agree to release the 
mile of land, otherwise, they would not ; and accordingly your commissioners did 
promise that they would use their utmost endeavors that the said farms should be 
confirmed to such of Providence as they were laid out to. 

And notwithstanding this government was very sensible that these farms were but 
a small part of the aforesaid mile of land, yet they had so great a regard to the 
credit of our commissioners' words, that they then were, and yet are contented to 
forego the remaining part of the said mile of land, provided the farms are laid out 
to those persons they were originally laid out unto. 

We are informed, that the gentlemen commissioners of your province, have, with 
the rest of your honorable council, shown that honorable regard to the promise 
made by said commissioners, to endeavor as well by , as by strength of ar- 
gument, to have made it good ; however, it came about to be retarded in your house 
of representatives. Perhaps it was occasioned through some mistake, or want of 
a right understanding of the matter ; wherefore, we request that Your Honor and 
council will be pleased to recommend it once more to your house of representatives 
to re-consider your former vote ; and that Captain Comstock, or those interested in 
said farms with him, may be allowed by counsel, to open the true state of the case to 
them ; and we hope that, upon a re-consideration, they will see just cause to alter 
the aforesaid vote, and order that the said farms be allowed and confirmed in the 
places where they were laid out to the said Providence men. The doing of which, 
will not only oblige us, but will put an end to all controversies on that foot. The 
men have been put to considerable charges already, in seeking to obtain their right, 
which in justice they they ought not to be exposed unto. 

For any to suppose the allowing of land up in the country, where they can find 
it, will be a sufficient recompense to them, and a fulfilling the said agreement, we 
take to be a great mistake ; and if your honorable house of representatives (upon 
a second consideration upon what will be further offered), do not see cause to con- 
cur with the vote passed in your honorable council, at your last session, we shall 
then expect that your Assembly will appoint a committee or surveyor, to join with 
such as the Assembly of this colony shall appoint, to measure off the said mile of 
land to the town of Providence, according to the aforesaid agreement made at Rox- 
bury ; for we cannot understand that the said mile of land is released by the agree- 
ment made at Rehoboth, there being not one word written of any such thing ; that 
the agreement having relation only to the point of compass by which the line of gov- 
ernment was to run. But it is readily granted, that by a verbal agreement then 
made, the said mile of land is to be released upon your court allowing and confirm- 
ing said farms. 

We pray Your Honor's honorable council and house of representatives to believe 
that we have nothing else in our view, but the peace and welfare of the two gov- 
ernments ; and that matters in difference or dispute, may be settled and deter- 
mined in justice and equity, so as a friendly and neighborly correspondency may be 
cultivated and maintained between us.* 

We are Your Honor's most obedient humble servants. 

SAMUEL CRANSTON, 
Newport, on Rhode Island, Aug. 6, 1723. JOSEPH JENCKS. 



* Letters ami Pnpers^r., Muss. Hist. Sor., Vol. If., p. 121. 



17^4.] AND PROVIDENCE PLANTATIONS. 337 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the third Tues- 
day of February, 1723-4. 

The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Geo. Cornell, 

Lieut. Col. John Wanton, Mr. William Anthony, 

Capt. Edward Thurston, Mr. John Wickes, 

Mr. Andrew Harris, Mr. Rouse Helme. 

Col. William Wanton, speaker. 
Mr. Teddeman Hull, clerk. 

Robert Gibbs, Jeremiah Field, Resolved Waterman, Pardon 
Tillinghast, Win. Waterman, Thomas Williams, Jr., Wm. Car- 
penter, Jr., Titus Thornton, Jeremiah Thornton, James Thorn- 
ton, Jr., William Walling, John Corpe, John Gorton, Israel 
Gorton, John Hawes, Clement King, Thomas King, James 
King, Jr., Job Whipple, son of Lieut, Job, Eliezer Whipple, Jr., 
Hezekiah Sprague, John Steere, miner, and Hosea Steere, all 
of Providence, are admitted freemen of this colony. 

Gideon Freeborne, Capt. John Earl, Enoch Briggs, Stephen 
Talman, Thomas Dufy, Roger Burrington, John Burlington, 
Joseph Thomas, Josiah Arnold, Jr., John Butts, Benjamin Tal- 
man, Nathaniel Manchester, William Broadway, Wm. Bright- 
man, Daniel Lawton, Thomas Lawton, William Brown, Joseph 
Ward, Lieut. John Sanford, Job Shearman, William Allen, Jon- 
athan Hill, James Sweet, James Sweet, Jr., Daniel Pearce, John 
Pearcc, son of Daniel. John Pearce, Jr., Preserved Pearce, John 
Allen, Ebenezer Smith, Thomas Remington, John Pearce, Jo- 
seph Brownel, Abiel Tripp, Nathaniel Hall, Robert Fish, Jr., 
John Shrievc, John Shrieve, Jr., John Albro, Jacob Mott, Jr., 

vl. iv. 43 



338 RECORDS OP THE COLONY OF RHODE ISLAND [1724. 

Benjamin Lawton, Joseph Cook and George Sisson, all of Ports- 
mouth, admitted freemen of this colony. 

Samuel Dyre, Job Jenkins, Caleb Clark, Thomas Rathbone, 
Jonathan Shearman, Jabez Reynolds, William Chapsee, Samuel 
Wright, Jr., Nathaniel Cottrill, William Tanner, Joseph Rey- 
nolds, Jr., Benjamin Congdon, Jr., John Spencer and John 
Gardner, all of North Kingstown, are admitted freemen of this 
colony. 

An Act directing the admitting freemen in the several towns 
in this colony. [See public laws, 1730, p. 131.] 

Voted, that in all cases where any person or persons shall 
be arrested in any case, and the person enters a declaration, and 
afterwards withdraws or discontinues his action, the defendant, 
or defendants, shall have their costs taxed at such court to 
the which they were to appear. 

Whereas, there was an act passed at the last session of this 
Assembly, prohibiting any freeman of any town to choose or 
vote for deputies, unless they were free of the colony, which 
being found inconvenient, — 

Therefore, it is voted, that the said be, and it is hereby 
repealed. 

God save the King. 



1724.] 



AND PROVIDENCE PLANTATIONS. 



339 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 5th day of 
May, 1724. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 



ASSISTANTS. 



Capt. Jonathan Nichols, 
Capt. Edward Thurston, 
Mr. Andrew Harris, 
Mr. George Cornell, 
Mr. Wm. Anthony, 



Major Randall Holden, 
Mr. John Wickes, 
Mr. Jeremiah Gould, 
Mr. Rouse Helme. 



DEPUTIES. 



For Newport 
Lieut. Col. Wm. Coddington, 
Lieut. Col. John Cranston, 
Capt. John Brown, 
Mr. William Barker, 
Mr. Henry Tew, 
Mr. John Odlin. 

For Providence. 
Capt. Richard Waterman, 
Mr. Wm. Smith, 
Capt. Daniel Abbott, 
Cornet Jonathan Sprague. 

For Portsmouth. 
Mr. Giles Slocum, 
Mr. George Lawton, 
Mr. Joseph Brownell, 
Mr. Thos. Hicks, 



For Warwick. 
Capt. John Waterman, 
Lieut. Stephen Arnold, 
Mr. Samuel Stafford, 
Mr. Fones Greene. 

For Westerly, 
Capt. John Babcock, 
Mr. Theodaty Rhodes. 
For Neio Shoreham. 
Lieut. Thos. Mitchell. 

For North Kingstoimi. 
Capt. John Eldredge, 
Mr. William Spencer. 

For South Kingstoivn. 
Mr. Wm. Robinson, 
Mr. John Watson. 



340 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 



DEPUTIES. 

For East Greenwich. For Jamestown. 

Major Thomas Frye, Capt. Nicholas Carr, 

Mr. John Spencer. Mr. Richard Tew. 

Lieut. Col. Wm. Coddington, speaker. 
Capt. Richard Waterman, clerk. 

Sion Martindale, Samuel Sheffield, William Brock, Joseph 
Jacobs, James Ematts, William Fanning, Nathaniel Hatch, 
Edward Thurston, Jr., William Heffernan, Jr., Thomas Davis, 
Lawrence Clarke, Jr., Thomas Bingham, Jr. and Water Chap- 
man, all of Newport, are admitted freemen of this colony. 

George Pigot, John Waterman, Jr., Daniel Greene, Zeroba- 
bel Westcote, Israel Arnold, Jr., Benjamin Smith, Jr., Richard 
Greene, Jr., John Lippitt, John Budlong, Jr., James Greene, 
Benjamin Greene, son of Jabez Greene, John Low, Jr., Jere- 
miah Westcote, Jr., Benjamin Greene, son of Samuel Greene, 
Daniel Sweet, Jr., John Johnson and Randal Rice, Jr., 
all of the township of Warwick, are admitted freemen 
of this colony. 

Robert Potter, Jr., Michael Harris, John Handson, Jeremiah 
Fish, Samuel Babcock, Isaac Sheldon, Christopher Helme, Geo. 
Gardner, Abraham Perkins, James Kinyon, Jr., Jeremiah 
Clarke, Samuel Tift, Jr., Joseph Sheffield and Josiah Shearman, 
all of South Kingstown, are admitted freemen of this colony. 

Giles Pearce, Walter Spencer, Henry Mathewson, Jr., Henry 
Greene and Joseph Corey, all of the town of East Greenwich, 
are admitted freemen of this colony. 



1724.] AND PROVIDENCE PLANTATIONS. 341 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1724. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Wm. Anthony, 

Col. Wm. Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. John Wickes, 

Mr. Nicholas Power, Mr. Jeremiah Gould, 

Mr. Geo. Cornell, Mr. Rouse Helme. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTTORNEY. 

Mr. Jahleel Brenton. Mr. Daniel Updike. 

Voted, that all matters lying before this Assembly, be re- 
ferred to the next session of this Assembly, on the 23d day of 
June next. 

And this Assembly is adjourned to the 23d day of June 
next, accordingly. 



342 RECORDS OP THE COLONY OF RHODE ISLAND [1724. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the 22>d day of 
June, 1724. 

Col. Samuel Cranston, Governor. 
Richard Ward, recorder. 
Major Thomas Frye, speaker. 
Capt. Richard Waterman, clerk. 

Upon the petition of Thomas and Nicholas Northup, of North 
Kingstown, for liberty of erecting of a ferry from North Kings- 
town, to Jamestown, at the expiration of the present lease 
granted for the same ; — 

It is voted, that the said Thomas and Nicholas Northup 
shall, at the end and expiration of the present lease, have lib- 
erty of keeping of a ferry from North Kingstown, to James- 
town ; they observing and keeping such order and regulation 
as the committee appointed to lease out the same, shall order 
and appoint, according to his petition. 

Col. William Wanton, Esq., having exhibited to this Assem- 
bly the accounts of his expense, charge and damage done to 
his horses, in going to Connecticut, in the beginning of March 
last, the Assembly appointed a committee to inspect and 
view the same, and make their report to this Assembly, who 
reported that Col. William Wanton, in their opinion, ought to 
be allowed for his expense, time, trouble, charges and damages 
sustained in his horses, in said journey, £79 155. Qd. ; — 

Whereupon, it is voted, that Col. William Wanton have £79 
15s. Qd., for his time, trouble, charge and expense in said jour- 
ney, out of the general treasury. 

Major Thomas Fry, speaker of the house of deputies, pro- 
tested against said vote. 

Whereas, there is an act of the General Assembly of this 



1724.] AND PROVIDENCE PLANTATIONS. 343 

colony, made and passed in the year 16G6, wherein and where- 
by it is enacted that the deputies of the several towns in this 
colony and their estates, shall be free and exempt from all 
summons, arrests, and attachments and executions, whatsoever, 
from the time of their being chosen until they are dismissed 
from such service, which by long experience is found to be 
prejudicial to many of the inhabitants of this colony, who have 
been thereby often time kept out of their just dues, to their 
great hurt and damage; — 

For the preventing whereof, for the future, be it enacted by 
the General Assembly of this colony, and by the authority of 
the same it is enacted, that all persons that are chosen deputies 
of the several towns, and their estates shall be free and exempt 
from all writs of summons, attachments, arrests and executions 
whatsoever, during their sessions, and three days before, for 
their coming to the Assembly, and three days after, for their 
return home, and no longer ; any other former law, usage or 
custom, to the contrary hereof, in any wise, notwithstanding. 

Upon the prayer of sundry inhabitants of North Kingstown, 
for to have one or more companies of militia erected in their 
town ; — 

It is voted and enacted by this Assembly, that the lieuten- 
ant colonel of the regiment on the main land, with the commis- 
sioned officers of the company of said town, set off one or more 
company or companies of militia in said town, and divide it so 
as it will be most for the ease of the inhabitants to do their 
duty in, and to make their return to the next sitting of the 
Assembly, that the Assembly may do therein as they shall 
think fit. 

Upon the petition and prayer of Hezekiah Gorton, of War- 
wick, for liberty to keep a ferry from Warwick Neck, to the 
north end of Prudence Island ; — 

It is voted and enacted, that the said petitioner shall have 
all due and proper encouragement to undertake and carry on 
said ferry ; provided, there be a good and sufficient way laid 
out through Prudence Island; and that the oilier part of the 
ferry proposed, be kept with boats agreeable. 



344 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 

It is voted, that Daniel Pearce, shall have the privilege of 
the drift way laid out by the jury, according to the jury's re- 
turn : and Capt. Updike shall have the £10 paid him accord- 
ing to the jury's verdict, immediately after the next English 
harvest is over ; and the said Pearce to have the liberty of the 
way agreed upon, till that time ; and at the time when the said 
Pearce hath the way laid out by the jury, that then he shall 
allow a sufficient way from the end of said way unto the sea or 
salt water, through his said Pearce's land, according to his of- 
fer and petition to this Assembly. 

An explanation of an act of Assembly, exempting Indians 
from being sued for debt. [See public laws, 1730, p. 133.] 

It is voted, that Samuel Dyre, gunner of Fort Ann, shall 
have, and receive out of the general treasury, £90, upon his 
delivering of all the buildings and fences, which he hath erect- 
ed on Fort Island, alias Goat Island, with all other the utensils 
belonging to the colony, unto Capt. John Brown, to, and for 
the colony's use ; and the said Samuel Dyre is dismissed from 
his service. 

The trustees of Ninegret have paid into the general treasury 
£50, out of the money borrowed by said Ninegret of the 
colony. 

Voted, that all persons that have bonds outstanding for the 
Narragansett land, be summoned by the general treasurer to 
give new bond, or pay the money and take up the old ones ; 
and for the non-compliance therewith, the treasurer shall sue 
said bonds ; and that Col. Coddington and the attorney general 
assist the treasurer in settling with said persons, who have 
given bonds, as aforesaid. 

Voted, that William Borden shall have £100 out of the gen- 
eral treasury, at £5 per cent, for one year, upon security, if it 
be there to spare. 

God save the King. 



1724.] 



AND PROVIDENCE PLANTATIONS. 



345 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1724. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. George Cornell, 

Col. William Wanton, Mr. William Anthony, 

Capt. Edward Thurston, Major Randall Holden, 

Col. Nicholas Power, Mr. John Wickes. 



DEPUTIES. 



For Newport. 
Lieut. Col. Wm. Coddington, 
Lieut. Col. John Cranston, 
Capt. John Brown, 
Mr. Wm. Barker, 
Mr. Henry Tew, 
Mr. John Odlin. 

For Providence. 
Capt. Richard Waterman, 
Lieut. Elisha Knowlton, 
Major Wm. Smith, 
Lieut. Wm. Edmonds. 

For Portsmouth. 
Mr. Giles Slocum, 
Mr. Thomas Hicks, 
Capt. William Hall, 
Mr. Wm. Coggeshall. 



For Warwick. 
Capt. John Waterman, 
Mr. Israel Arnold, 
Mr. George Wightman. 

For Westerly. 
Capt. Joseph Stanton, 
Capt. John Hill. 

For North Kingstoivn, 
Mr. William Hall, 
Mr. Francis Willet. 

For South Kingstoivn. 
Mr. Wm. Robinson, 
Mr. John Watson. 

For East Greenwich. 
Mr. John Spencer, 
Mr. Thomas Nichols. 
For Jamestown. 
Mr. Samuel Clarke. 



Lieut. Col. William Coddington, speaker. 
Mr. Francis Willett, clerk. 
vol. iv. 44 



346 RECORDS OF THE COLONY OF RHODE ISLAND [1724, 

In the appeal in covenant, Jahleel Brenton and Samuel 
Brown, it is voted, that the said case be referred to the next 
session of this Assembly ; and that the town council of South 
Kingstown settle the highway that runs along Pettaquamscutt 
river, between the land of Esquire Brenton and Samuel Brown, 
by a jury, as it ought to be ; and that if either Brenton or 
Brown, have got any of the highway in, that they heave it out ; 
and the person that hath any of the said highway in, to bear 
the charges of the survey, and to make return of their proceed- 
ings therein, to the next session of this Assembly. 

An Act prohibiting the tearing of bills of credit. [See public 
laws, p. 133.] 

Voted, that Col. Wanton, Col. Cranston, and Capt. Richard 
Waterman, be a committee to draw up an answer to the Massa- 
chusetts letter, about a quota of men ; and that the attorney 
general assist them in said affair. 

Voted, that the letter drawn up by said committee, be sent 
to the Massachusetts. 

Voted, that Lieut. Col. William Coddington and Major Thos. 
Frye, be, and they are hereby appointed a committee to treat 
with the Massachusetts government upon the application by 
them made to this Court of Asembly ; and that they receive 
their instructions from His Honor, the Governor ; and that the 
Governor join one other with them, if he think fit. 

For the accommodating of the long depending difference be- 
tween this colony, and the colony of Connecticut, and in com- 
pliance to a proposal made by the colony of Connecticut by 
one act passed at New Haven, October the 8th, Anno Domini 
1724, wherein several commissioners are appointed in behalf of 
the colony of Connecticut : — 

Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is enacted, that the Honorable 
Joseph Jenckes, Esq., deputy governor of this colony, Col. 
Win. Wanton, Major Randall Holden, Mr. John Wickes, Capt. 
Joseph Stanton, Esq., Richard Ward and Mr. Daniel Updike, 



1724.] AND PROVIDENCE PLANTATIONS. 347 

be, and they, or any four of them, are hereby fully authorized 
and empowered to treat with such commissioners as are em- 
powered by the colony of Connecticut, to settle the line be- 
tween that colony and this ; and final end of all controversies 
between the said colonies to make, by settling a line or boun- 
dary between the said two colonies, as they shall think and 
find most agreeable ; and such line so agreed on and settled, 
shall be the dividing line between the said colonies for ever ; 
and to make report of their doings to this Assembly, at their 
next session. 

Voted, that His Honor, the Governor, give the above said 
gentlemen a commission, under the seal of the colony, empow- 
ering them to settle and state the boundaries between the two 
colonies, according to the above vote ; and that His Honor, the 
Governor, give them their instructions therein, by the advice 
of such of his council as he shall think fit to advise with. 

Voted, that £15 be allowed out of the general treasury, for 
to repair one half of Pawtucket bridge, the government of the 
Massachusetts allowing £15 for repairing of the other half. 

God save the King. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at tfiewpori, the 29th day 
of December, 1724. 

The Hon. Samuel Cranston, Governor. 

ASSISTANTS. 

Capt Jonathan Nichols, Mr. William Anthony, 

Col. William Wanton, Mr. John Wickes, 

Capt. Edward Thurston, Mr. Jeremiah Gould, 

Col. Nicholas Power, Mr. Rouse Helme, 
Mr. George Cornell, 



348 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 

Lieut. Col. William Coddington, speaker. 
Mr. Francis Willett, clerk. 

Voted, that Capt. Jonathan Nichols, Mr. Rouse Helme, Lieut. 
Col. John Cranston, Capt. Richard Waterman, Mr. Wm. Cog- 
geshall and Mr. Daniel Updike, be a committee, to draw up an 
answer to the government of the Massachusetts, to their demand 
of assistance in the eastern war, against the Indian rebels, and 
for sending an agent from this colony to Canada. 

Voted, that the answer drawn up by the said committee, be 
sent to the Massachusetts government ; and that the Governor 
send a copy thereof to our agent in London. 

Voted, that the words (to our bounds given us by our char- 
ter) in the act empowering commissioners to settle a line or 
boundary between this colony and Connecticut, be erased out- 
And that the town clerk of each town erase out of the said act 
that is in each respective town the said words. 

"Whereas, the Honorable Joseph Jenckes, Esq., one of the 
commissioners for to treat with the Connecticut commissioners, 
for the settling of a line or boundary between the two colonies 
is indisposed, so that it is presumed he will not be able to at 
tend the said service ; — 

Wherefore, it is voted and enacted, that Mr. Andrew Harris, 
of Providence, be, and he is hereby fully empowered and au- 
thorised as a commissioner, to treat with the Connecticut com- 
missioners that are appointed for the settling of a line or boun- 
dary between the two colonies, in the room of the Honorable 
Joseph Jenckes (if the said Joseph Jenckes shall not attend 
said service), as fully to all intents, purposes and constructions 
whatsoever, as the said Joseph Jenckes was authorized and 
empowered to do. 

Voted, that Major Thomas Frye be allowed £12 5s. 8J., out 
of the general treasury, for his time, trouble, charge and ex- 
pense in going to Boston, in the colony's service. 

Col. Wm. Wanton protests against the said vote, for that he 



1724.] AND PROVIDENCE PLANTATIONS. 349 

himself was improved by this government to represent the gov- 
ernments and government, at the congress in Boston, and was 
allowed nothing for the same. 

Voted, that Lieut. Win. Coddington be allowed £20 16s., 
out of the general treasury for his time, trouble, charge and 
expense in going to Boston in the colony's service. 

Voted, that Mr. Isaac Thompson be allowed £S 6s. salary, 
out of the general treasury, for the charge he has been at in 
repairing the one-half of Pawcatnck bridge, between this colony 
and Connecticut. 

Voted, that Mr. Daniel Updike be sent to Connecticut to ex- 
change copies of the Assembly's acts, and of the commission 
for the settling of boundaries between the two colonies. 

Voted, that the general treasurer get a balcony built at the 
colony's house ; the whole front of the house ten or twelve feet 
wide, supported with good pillars, at the colony's charge. 

Whereas, we, the subscribers, being appointed by the Gen- 
eral Assembly, sitting at Newport, the 23d day of June last 
past, to set off one or more companies of militia of the inhabit- 
ants of North Kingstown ; and having met at the dwelling house 

o o o 

of George Thomas in said town, the 21st day of October, 1724 ; 
and several of the inhabitants of said town being present, and 
taking the best advice we can in that affair, have divided the 
inhabitants of said North Kingstown into three companies of 
militia, in the following manner : 

Beginning at the line between North and South Kingstown, 
at Chepuxet river, and so along said river, until it comes to 
the crook of said river, in the land of John Wightman, and 
thence a straight course to the Queen's Fort, so called ; and 
thence a due north line to East Greenwich line ; and then 
beginning at Slocum's Mill, and so along the stream to the 
pond ; and so along the river, called Auiorrue Sucket, until it 
come to the country road ; and thence, a clue west line, to the 
aforementioned line, that runs from Chepuxet river, to the 
Queens Fort. And the inhabitants to the northward and east- 
ward of said lines, to be the first company ; and the inhabitants 



350 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 

to the southward and eastward of said lines to be the second 
company ; and all the inhabitants to the westward of the line 
from Chepuxet river, to East Greenwich, to be the third com- 
pany. 

Witness our hands, the day above said. 

CIIRIST'R ALLEN, Lieut. Col., 
JOHN ALBRO, Lieutenant, 
JAMES ELDRED, Ensign. 

The above return of three companies for North Kingstown, 
is voted and allowed of by this Assembly ; and they are three 
companies, accordingly. 

Upon the prayer of James Arnold and William Rhodes, it is 
voted, that £20 be allowed out of the general treasury, for the 
repairing of Pawtuxet bridge, between the towns of Providence 
and Warwick ; to be paid to such persons as each town shall 
appoint (each one half), when the said bridge shall be well re- 
paired, and not before. 

An Act to enable the town council of each respective town in 
this colony, to convent before them all such persons as shall 
have the personal estate of any person as shall decease 
within this government, in their custody or possession ; and 
cause them to make oath, or give their engagement that 
they conceal none. [See public laws, 1730, p. 134.] 

An Act in addition to two acts made and passed in this colony 
in the year 1715; the one, entitled " An Act for emitting 
£30,000, in public bills of credit ;" and the other, entitled 
" An Act for raising and emitting £10,000, in public bills 
of credit, on this colony." [See public laws, for 1730, p. 
135.] 

An Act in addition to an act, entitled " An Act for raising and 
emitting £40,000, in bills of credit by way of loan, in the 
year 1721." [Expired 1728.] 

Voted, that if the commissioners finish the line between this 



1724.] AND PROVIDENCE PLANTATIONS. 351 

colony and Connecticut, that they make their return to the 
next sitting of the Assembly, in February. 

And be it further enacted by the authority aforesaid, that 
the general treasurer (by, and with the advice of His Honor, 
the Governor,) procure and buy two thousand bushels of In- 
dian corn, at the lowest price he can, to be paid for out of the 
general treasury ; and to sell the same to the inhabitants of this 
government for money, for the same price as he shall buy it 
at ; and no person in Newport, to have above four bushels at 
one time ; and to have no more until that may be leasonably 
expended in his family ; and that no person in any other town 
have above eight bushels as aforesaid ; and the loss, damages 
and charges, to be borne out of the general treasury. And as 
soon as the general treasurer buys any corn, he shall notify 
the several towns thereof. 

God save the King. 

Letter from Rhode Island to Massachusetts. 

The General Assembly having inspected into and considered 
the nature of the unhappy war between the Massachusetts 
government and the Indian enemy, with its rise and progress ; 
as also the various circumstances that attend the same ; — 

Do, upon the whole of what hath been laid before them, con- 
clude, that although the said Indian rebels deserve nothing but 
a total extirpation from the face of the earth for their continual 
and repeated rebellions, hostilities and perfidiousness ; yet, that 
it would be by no means justifiable in the colony of Rhode Is- 
land to join with the Province of the Massachusetts in the 
prosecution of said war, as things are at present circumstanced, 
and that for the following reasons : 

1. The colony of Rhode Island, although small, is far ex- 
tended upon the sea coast, and is thereby a frontier to defend 
and ward off the strokes of cruel and insulting enemies by sea, 
from the colonies of Massachusetts and Connecticut, which (con- 
sidering the smallness of the colony compared with those two 
great governments) may be well thought a due proportion of 



352 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 

the general calamities of the country of this nature, were they 
forever exempted from contributing to defend against the ene- 
my by land ; for it is certain that the colonists of Rhode Island 
are upon such occasions frequently alarmed and have been ex- 
posed to very considerable charge, by fitting out vessels in 
times of war and peace ; the good effects whereof, the neigh- 
boring governments were made partakers of: and therefore, it 
cannot be thought incumbent on this government, or for the 
good of the governments in general, that such a small colony, 
and so great a frontier should be weakened by uniting with the 
Massachusetts in carrying on said war in an offensive manner, 
so foreign from their borders ; and especially when this colony, 
at this juncture, is carrying at their own charge for defence of 
the colony, on said frontier a fortification, the accomplishment 
whereof, will exceed £10,000. 

2. These Indian enemies were subjects to our Sovereign 
Lord, King George, and under his immediate protection, and in 
particular under his government, and dominion of the Massa- 
chusetts ; wherefore this government think it would be unad- 
vised in them to join in the prosecution of said war, until His 
Majesty's pleasure was known, upon the application already 
made unto him. For this being an intestine jar, happening in 
the Massachusetts only, and a controversy of the King's sub- 
jects only, and that about property ; who knows but that His 
Majesty, in his great wisdom, may find out and prescribe ways 
to make these wild and inaccessible subjects of his, come in 
and tamely submit to his government, without the melancholy 
prospect we now have, of shedding much blood, distressing and 
impoverishing the whole land. 

3. The colony of Rhode Island was never advised with by 
the Province of the Massachusetts, before they involved them- 
selves in this inextricable difficulty ; nor did said Province 
ever concert measures with this colony, either in proclaiming 
war against said Indians, or in any of their treaties they for- 
merly had with them ; where they generally took care to re- 
strict the trade with them, to their own province, if not to 
particular men ; and shall this colony, without the conjunction, 



1724.] AND PROVIDENCE PLANTATIONS. 353 

and united force of the neighboring governments on this con- 
tinent, buy for the Massachusetts this privilege, with the blood 
of their young and strong. 

Notwithstanding the colony of Rhode Island has a more ten- 
der regard for His Majesty's subjects of the neighboring govern- 
ments, and a more sincere affection for His Majesty's interest, 
than to see his subjects slaughtered and destroyed, his territo- 
ries depopulated and laid waste, and be guilty of supine sloth- 
fulness, rejecting any reasonable application to them made for 
succor and relief. For in case said war had been carried on in 
a defensive manner, this colony would (if need had been), have 
lent all due assistance until His Majesty's pleasure had been 
known, but cannot think it justifiable in them to join in said 
war (since made offensive), until then. 

And respecting the proposition of sending a man to Canada, 
from this government it is the opinion of the General Assem- 
bly, that the same would create unnecessary charges ; but they 
order and direct, that a letter be sent there, from this govern- 
ment, by the messenger sent from the Massachusetts, directed 
to Monsieur Vaudriel, governor thereof, to deter him, and all 
those under the French government, from affording succor or 
encouragement to the Indian enemy, or from sheltering them, 
after they have committed their depredations on the subjects 
of His British Majesty ; and to excite him to exert himself for 
the procuring and settling an honorable peace with said In- 
dians, for the ease and benefit of the English settlements ; 
least, by His Majesty's favor and permission, all the English 
governments on this continent of America, unite their forces in 
ridding the whole land of this restless, lurking enemy, and all 
their abettors and encouragers. 

Signed in the name and by order of the General Assembly, 
&c. RICHARD WARD, Recorder. * 

vol. iv. 45 



354 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 



Governor Cranston's commission to settle the boundary between Rhode 
Island and Connnecticut. 

Rhode Island ss. Samuel Cranston, Esq., Governor of His 
Majesty's colony of Rhode Island and Providence Planta- 
tions, sendeth greeting, to Col. Joseph Jenckes, Col. William 
Wanton, Major Randall Holden, John Wickes, Joseph Stan- 
ton, Richard Ward and Daniel Updike, Esqs. 
You, being commissioners nominated and appointed by an 
act of the General Assembly, passed at the town of Provi- 
dence, in the above said colony, the last Tuesday in October, 
1724, to treat with such commissioners as are nominated and 
appointed by the colony of Connecticut, in order to settle and 
establish the boundary and partition line between the said col- 
onies ; and it being further enacted by said Assembly, that I 
should give you a commission, under the seal of the colony, 
with such instructions as I shall judge most expedient, for the 
service and interest of the colony, with the advice of such of 
the council near me, as I should think fit, as by the said act, 
reference thereunto being had, will fully appear. 

By virtue of the aforesaid act, I have, in conjunction with 
the Honorable Joseph Talcot, Esq., Governor of His Majesty's 
colony of Connecticut, appointed the time of your meeting with 
the commissioners of that colony, the third Wednesday of this 
instant February, it being the 17th day of the said month ; and 
the place at the house of Mr. Isaac Thompson, in the town of 
Westerly, in this colony, in order for your proceeding on your 
treaty and negotiation, concerning the premises. 

These are, therefore, by virtue of the power and authority 
vested in me, as aforesaid, reposing special trust and confidence 
in your wisdom, conduct and fidelity, for the interest of this 
colony, in the faithful discharge of the trust reposed in you by 
the General Assembly, to require you to have due regard to 
the following instructions : 

1. It is my instructions, that you, Joseph Jenckes, Wm. 



1724.] AND PROVIDENCE PLANTATIONS. 355 

Wanton, Randall Holden, John Wickes, Joseph Stanton, Rich- 
ard Ward and Daniel Updike, do meet together at the time 
and place above said, viz. : at the house of Mr. Isaac Thompson, 
in the town of Westerly, the 17th instant, and you being there 
met, or any four of you, after civil and congratulatory treat- 
ment of the gentlemen commissioners for the colony of Con- 
necticut (if there present), you are to proceed in a friendly man- 
ner upon your negotiation and treaty, about the settling 
and stating the partition line between the said two colonies. 

2. My advice and instructions are, that you do, in a press- 
ing manner, insist on a north line from Shaw's Ford, to the 
Massachusetts south line, which I presume is agreeable to the 
agent's agreement in England, and the words of our charter, 
and was so determined and stated by the King's commissioners, 
in the year 1665. 

3. If you cannot, by any means, obtain the settlement of 
that line, from Shaw's Ford, rather than to dissolve the treaty, 
upon that head, I must refer it to your judgment and discre- 
tion to bring them as near it as you possibly can ; and for 
peace's sake, and for the perpetual settlement of the line be- 
tween the tw T o colonies, and particularly to avoid and prevent 
what may be promoted in Great Britain to the prejudice and 
disadvantage of both colonies through our long contention, it is 
my advice and instruction, that you condescend to admit of 
Ashaway river, where it empties itself into Pawcatuck river, so 
called, to be the head of the said Pawcatuck, from whence a 
north line to the Massachusetts south line, shall commence, 
agreeable to the words of our charter ; for your agreeing that 
Ashaway river be the head of Pawcatuck, from whence a north 
line shall commence to the Massachusetts south line, will in 
no wise vary from the express words of our charter ; nor, if so 
agreed on, will it give any advantage to the ministry in Great 
Britain to raise any arguments to our detriment. 

4. I observe to }'ou, that a north line from the aforesaid 
Ashaway river, where it emptieth itself into that called Paw- 
catuck, is what the Connecticut commissioners, upon the agree- 
ment in the year 1703, insisted upon ; but through the ignor- 



356 RECORDS OF THE COLONY OF RHODE ISLAND [1724. 

ance of our commissioners, as to the situation of the country, 
fearing that a north line would cut off part of Warwick and 
Providence purchases, and at the same time persuading them- 
selves that a line run from the said Ashaway river to the 
south-west angle of Warwick purchase, would be considerably 
more to the westward of a north line, a great part of what they 
feared (by running a north line), was by that agreement cut 
off from the town of Providence. It is therefore presumed, if 
it be insisted upon (if you agree that the said Ashaway river 
shall be the head of Pawcatuck, mentioned in our charter), that 
a north line be run from thence to the south line of the Massa- 
chusetts. If the Connecticut commissioners are inclinable to 
peace, and a perpetual settlement of the long and chargeable 
contention between the two colonies by a speedy conclusion, 
they will readily join in granting a north line to be run from 
Ashaway river, as aforesaid. 

5. Upon due and weighty considerations, I cannot advise 
you to agree upon any terms nearer in, than a north line from 
Ashaway river, to the south line of the Province of the Massa- 
chusetts, if for peace's sake, you should come so far eastward 
as that is, from Shaw's Ford : for the former line agreed upon 
from the said Ashaway river, to the said angle of Warwick 
purchase, will not answer the words of the charter, or the 
agents' agreement in England, which I presume you ought to 
have reference unto in your agreement. 

6. I presume it was not intended by the General Assembly 
that my instructions should be so far binding as to limit your 
power (if so it would have been inconsistent to the power given 
you), but to remind you of what might happen to slip your 
memories, and to give my own thoughts by way of instruction, 
the which I have done as briefly as the subject will admit of, 
submitting the whole with what I shall further propose to your 
wise and judicious considerations, not doubting of your prudent 
conduct ; and that your wisdom will direct you to do every 
thing that may be thought expedient for the honor and safety 
of the colony, without giving up that which our predecessors 
purchased with great cost, and with great fatigue, endeavored 



1724.] AND PKOVIDENCE PLANTATIONS. 357 

to maintain against great and potent enemies ; and which hath 
been our interest and concern, with the expense of much trea- 
sure to have confirmed in Great Britain. 

7. It is my advice, that in case you do agree upon, and es- 
tablish a certain and fixed boundary line between the two col- 
onies, that you do, in the preamble or preface of your agree- 
ment, set forth the reasons and motives that induced the colo- 
nies to come into the same ; which may be of use and benefit 
to both governments when the matter lies before His Majesty 
for determination. 

What followeth, I recommend to be alluded to in the meth- 
od and matter you follow and insert. 

The colonies of Connecticut and Rhode Island, &c, upon 
a friendly conference, reflecting upon the prejudice they have 
labored under through their long continued contention, and the 
great charge and expense that hath been hereby occasioned ; 
more particularly in their last appeal to His Majesty, by its 
being referred from time to time, for several years past ; and 
by its remaining still without determination under continual 
and repeated charge ; and which determination may be sus- 
pended for many years longer, to the considerable augmenta- 
tion of the incident charges of both colonies. Moreover, said 
colonies, by the good providence of God, being made sensible 
of the great detriment arising to His Majesty's empire in North 
America, for want of said country's being peopled and well 
cultivated; and being weary with contending for the jurisdiction 
of a small tract of land, which lies waste and unimproved, for 
want of due and regular settlement, which hath been hitherto 
prevented by the unhappy contention that hath been and still 
is promoted between said two colonies ; and said colonies being 
brought under a sense of the evil consequence that did, and 
may attend them, if they still continue in obstinacy against 
each other; and being desirous that a good harmony and 
friendly correspondency may be cultivated between them for 
the future, for the good of His Majesty's subjects, and the de- 
fence of the country against a common enemy, have nominat- 
ed, appointed and fully empowered us, whose names are here- 



358 RECORDS OF THE COLONY OF RHODE ISLAND [1725. 

under written, by virtue of an act of Assembly of each govern- 
ment, commissioners to agree, settle and fully determine the 
partition and dividing line between said colonies of Connecticut 
and Rhode Island, &c, as is hereafter expressed ; submitting 
this our unanimous and friendly agreement to His Majesty's 
gracious acceptance and confirmation, &c. 

It is further advised, that in the drawing and stating at what 
parts of Pawcatuck river to commence a north line from, to the 
Massachusetts south line, that there you insert and say (from 
such a place, the head of Pawcatuck, with an alias Narragan- 
sett river, and to be ever hereafter so called and deemed agree- 
able to the King's determination in our royal charter). 

That it would please God to give you a friendly meeting, 
and an agreeable conference and treaty with the commissioners 
of Connecticut, and that his infinite goodness may attend you, 
with his blessing, and crown your endeavors with an honorable 
and lasting agreement, to the perpetual concord and friendship 
of the two governments, is the sincere desire and prayer of 
Your faithful friend, and the colony's servant, 

SAMUEL CRANSTON. 

Dated in Newport, the 12th day of February, 1724-5. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the Uh 
day of May, 1725. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. William Anthony, 

Col. Win. Wanton, Major Randall Holclen, 

Capt. Edward Thurston, Mr. John Wickes, 

Mr. Nicholas Power, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Rouse Helme. 



1725.] 



AND PROVIDENCE PLANTATIONS. 



359 



DEPUTIES. 



For Newport. 

Lieut. Col. Wm. Coddington, 
Capt. John Brown, 
Capt. Job Almy, 
Col. Joseph Whipple, 
Mr. James Barker, 
Mr. Thomas Coggeshall. 

For Providence. 
Capt. Richard Waterman, 
Mr. Jonathan Sprague, Jr., 
Mr. Thos. Olney. 

For Portsmouth. 
Capt. George Lawton, 
Mr. Giles Slocum, 
Mr. William Hall, 
Mr. Stephen Brownell. 

For WariuicJc. 
Capt. John Waterman, 
Mr. John Warner, 
Lieut. Stephen Arnold, 
Mr. Stukely Stafford. 



For Westerly. 
Capt. Joseph Stanton, 
Capt. John Hill, 

For New Shorcham. 
Capt. Simon Ray. 

For North Kingstovm. 
Mr. William Hall, 
Mr. Elisha Cole. 

For South Kingsioivn. 
Mr. William Robinson, 
Mr. John Watson. 

For Fast Greenwich. 
Mr. Thomas Brayton, 
Major Thos. Fry. 

For Jamestown. 
Capt. Nicholas Carr, 
Mr. Teddeman Hull. 



Lieut. Col. William Coddington, speaker. 
Capt. Richard Waterman, clerk. 



Samuel Pike, Jr., Jonathan Sabin, Jr., John Brier, Caleb 
Cranston, Edward Tew, John Clarke, grandson of Weston, John 
Rogers, Jr., Richard Phillips, Francis Alway, Henry Wright, 
Elisha Gibbs, Josiah Barney, John Vaughan, Jr., Sankey New- 
berry, William Gardner, Daniel White and Joseph Pendleton 
all of Newport, are admitted freemen of the colony. 

Richard Arnold, Jr., John Smith, son of Thomas, Daniel Al- 
drich, Hosea Steere and Elisha Steere, all of Providence, are 
admitted freemen of this colony. 



360 RECORDS OP THE COLONY OF RHODE ISLAND [1725. 

Gideon Durfey, George Hall and Thomas Fish, all of Ports- 
mouth, are admitted freemen of this colony. 

Thomas Dickins, of New Shoreham, is admitted a freeman 
of the colony. 

Stephen Gardner, Jr., Robert Brownell, JeofFrey Champlin, 
Nathaniel Havens, Ezekiel Whitford, John Reynolds, carpenter, 
and Henry Hill, Jr., all of North Kingstown, are admitted free- 
men of the colony. 

James Carr, of Jamestown, is admitted a freeman of this 
colony. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1725. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Wm. Anthony, 

Col. William Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. John Wickes, 

Col. Nicholas Power, Mr. Jeremiah Gould, 

Mr. George Cornell, Mr. Rouse Helme. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr. Jahleel Brenton, Jr. Mr. Daniel Updike. 



1725.] AND PROVIDENCE PLANTATIONS. 361 

Whereas, John Davis, of Newport, in the colony aforesaid, 
baker, by petition, informed this Assembly, that at the General 
Court of Trials, held at Newport, on the last Tuesday of March, 
last past, in an action of trespass, for assaulting, maiming and 
wounding the said Davis, by one Indian man, call Dick, a 
slave to Peleg Smith, of Newport, aforesaid, Esq., he recovered 
£200, damages ; and the common law not enabling him to sell 
the said slave, whereby to recover his damages, and have bene- 
fit of his judgment ; — 

Upon consideration whereof, to the end that justice may be 
done, and that the said John Davis may have the benefit of his 
said judgment, — 

It is voted and enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted and de- 
clared, that if the said Peleg Smith, satisfy the said judgment 
of court, at, or before the 15th day of this instant May, he may 
take the slave again ; he selling him out of the colony. And if 
the said Peleg Smith shall refuse or neglect to do the same within 
the said time, that then the said John Davis paying prison 
fees and costs of said court ; and also paying £1 5s-., to negro 
James. for the damage he received by the said Indian Dick, shall, 
and he is hereby empowered to take the said Indian Dick, and 
dispose of him as his proper estate ; provided, he sell him out 
of the colony, never to return again. 

Whereas, William Nathaniel Brown, Small Lewis and Fran- 
cis Mozley, by petition laid before this Assembly, informed 
that they were three of the persons belonging to the barque 
John and Mary, Tho. Glin, master, that was taken by the pi- 
rates in December last, and that they rescued the barque from 
the pirates, and were put to the charges of fifty shillings per 
man, for their trial, and that they lay a great while upon charge 
till their said trial ; and they also prayed the Assembly for 
some consideration on the premises ; — 

Upon consideration whereof, it is voted by the Assembly, that 
the said Wm. Nathaniel Brown, Small Lewis and Francis Moz- 
ley, have £10 each, out of the general treasury allowed them, 

vol. iv. 46 



362 RECORDS OF THE COLONY OP RHODE ISLAND [1725. 

as a gratuity for their service in assisting to re-take the said 
barque from the pirates. 

Whereas, there has been repeated informations against the 
inhabitants of the town of Westerly, that they, or a great part 
of them, make a continual practice of doing servile labor on 
the first day of the week, and that they very publicly and other 
wise profane said clay, which the law of the realm, as well as 
the colony, appoint to be kept as a Sabbath, which is a great 
offence to the rest of the inhabitants of said town and colony, 
and brings an odium upon the whole government, as well as 
themselves ; — 

The General Assembly of this colony, therefore, advise and 
caution said inhabitants of Westerly in particular, and of the 
whole colony in general, that for the future they reform their 
aforesaid vicious practices, and conform to the law; considering 
that, although the ordinances of men may not square with their 
private principle, yet they must be subject to them, for the 
Lord's sake ; and that, lest they incur the further displeasure 
of this Assembly, and put them upon a more rigorous method 
of suppressing the aforesaid enormities. 

And that a copy be sent to each town in the colony ; and 
that the town clerk of each town set up one or more copies of 
said order in the most public place or places of the town. 

Jahleel Brenton, of Newport, in tte colony above said, Esq., 
appellant in an action of covenant, from a judgment of a Gen- 
eral Court of Trials, held at Newport, the first Tuesday of Sep- 
tember last past ; Samuel Brown, of South Kingstown, in the 
colony above said, yeoman, otherwise called Samuel Brown, of 
Kingstown, in the colony above said, yeoman, appellee ; the ap- 
pellant and appellee being duly heard, and their reasons and 
allegations maturely weighed and considered, — 

The decree of this Assembly is, that the judgment of the 
General Courts of Trials given against the said Brenton, in 
March and September, A. D. 1724, be, and they are hereby 
revised ; and that the said Jahleel Brenton have ten shillings 
damage, and costs of suit. And that the return of the jury 



1725.] AND PROVIDENCE PLANTATIONS. 363 

who run the highway between the land of said Brenton and 
Brown, be, and it is hereby accepted ; and the justices of 
South Kingstown are hereby ordered to open the said highway 
according to the said return, and that said Brenton pay the 
charge of the jury and the survey ; and that it be allowed 
him in his bill of costs. 

Brenton allowed till the next session of the Assembly, to tax 
his costs vs. Brown. 

Voted, that the accounts of Col. William Wanton, the re- 
corder and Mr. attorney general of their charges dispended in 
the treaty with the Connecticut commissioners, amounting to 
£15 12^. Scl, to wit: Col. Wanton's, £o 10s., recorder's, £4 lis., 
Qd., Mr. attorney general, £5 lis. 2d., is allowed, and to be 
paid out of the general treasury. 

Upon the petition and prayer of William Borden, of New- 
port, for some assistance and encouragement to carry on the 
making of duck ; — 

It is voted and enacted by this Assembly, that the said 
William Borden have £500 out of the general treasury, at in- 
terest, upon good land security, for three years, if there be so 
much to spare in the general treasury, on auditing the general 
treasurer's account ; the mortgage to be made to the colony's 
trustees, to, and for the use of the colony. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the third Tues- 
day of June, 1725. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

Richard Ward, recorder. 

Lieut. Col. William Coddington, speaker. 

Capt. Richard Waterman, clerk. 



364 RECORDS OF THE COLONY OF RHODE ISLAND [1725. 

An Act for enabling the town of Providence to lay out high- 
ways in said town. [See public laws, 1730, p. 136.] 

Voted, that Nicholas Shnonds and Jonathan Barlow, two 
men that had been forced by the pirates, and were instrumental 
in re-taking the ship John and Mary, from the pirates sometime 
in December last, have £10 each allowed them, out of the gen- 
eral treasury. 

Ordered, that the general treasurer bring into this Assembly 
all the old bills of credit that are in the treasury, and all the 
new bills that are so worn and torn that they are not fit to 
pass. 

Voted, that His Honor, the Governor, have, as a gratuity, 
out of the general treasury, £70, for his extraordinary service 
done for the colony, the last year. 

An Act for the regulating of the taxing of bills of costs at the 
General Court of Trials. [See public laws, for 1730, 
p. 137.] 

Ordered, that Lieut. Col. William Coddington, Mr. Joseph 
Borden and Mr. Daniel Updike be a committee to overhaul the 
Narragansett bonds, and what is due thereon, and from whom 
the same is due, and make their return thereon to the next 
sitting of the Assembly ; and also that they examine the treas- 
urer's book, and take an account of what has been paid out of 
the treasury for the changing of the counterfeit bills made on 
the Greenmans' plates, and what the charges of their prosecu- 
tion, &c, amounts to, and make their report to the next As- 
sembly. 

Voted, that all the old bills in the treasurer's hands, and the 
new bills, that are torn and not fit to pass, amounting to £869 
18s. Id., be burnt ; and the same were burnt in the presence 
of the Assembly, accordingly. 

Voted, that there be £10 out of the general treasury, al- 
lowed to Jamestown, towards the building of a bridge on their 
island. 



1725.] AND PROVIDENCE PLANTATIONS. 365 

Upon the prayer and petition of North and South Kings- 
town, — 

It is voted and enacted, that the towns on the main land, or 
so many of them as shall agree together, shall, and may have 
liberty to build and erect a house of correction, for to keep 
their own idle persons, and vagrant and mad persons in ; and 
also to build a small jail, to put offenders in ; and that all of- 
fenders that are, or shall be tried at the General Court of Tri- 
als, shall be kept there no longer than till they can be conven- 
iently transported to Newport jail. 

Ordered, that His Honor, the Governor, answer Mr. Law's 
letter, concerning our difference with Connecticut, 

An Act for preventing of vexatious suits in actions not exceed- 
ing forty shillings. [See public laws, 1730, p. 13.8] 

Voted, that the building of a balcony to the colony's house, 
be stopped ; and that the timber provided for that use, be sold 
by the general treasurer ; and that the general treasurer, with 
the advice of the Governor, build and make such tables, 
seats and other necessaries, as shall be convenient for the 
deputies. 

An Act for docking and cutting off estates tail, pursuant to the 
laws of Great Britain. [See public laws for 1730, p. 138.] 

God save the King. 



366 



RECORDS OF THE COLONY OP RHODE ISLAND 



[1725. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Warwick, the last 
Wednesday of October, 1725. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. George Cornell, 

Col. William Wanton, Mr. John Wickes, 

Capt. Edw. Thurston, Mr. Jeremiah Gould, 

Col. Nicholas Power, Mr. Rouse Helme. 



DEPUTIES. 



For Newport. 
Col. Joseph Whipple, 
Mr. James Barker, 
Mr. Thomas Coggeshall. 

For Providence. 
Capt. Richard Waterman, 
Mr. Jonathan Sprague, Jr., 
Mr. Thomas Olney, 
Capt. Job Whipple. 

For Portsmouth. 
Mr. Thomas Hickes, 
Mr. Joseph Brownell, 
Mr. Robert Lawton. 



For WanuicJc. 
Capt. John Waterman, 
Major Anthony Low, 
Capt. Thomas Stafford, 
Mr. William Greene. 

For North Kingstown. 
Mr. William Hall, 
Capt. Benjamin Nichols. 

For South Kingstown. 
Mr. William Robinson, 
Mr. John Watson. 

For Fast Greenwich. 
Major Thomas Frye, 
Mr. Pardon Tillinghast, 

For Jamestoivn. 
Capt. Nicholas Carr, 



Major Thomas Frye, speaker. 
Mr! William Hall, clerk. 

An Act in addition to an act, entitled " An act for preventing 
of cross actions." Repealed. 



1725.] AND TROVIDENCE PLANTATIONS. 367 

An Act in addition to an act, entitled " An act for the better 
preventing of drunkenness." [See public laws, 1730, p 
139.] 

Voted, that His Honor, the Governor, inform Governor Tal- 
cot that he is in a mistake, in charging the Assembly of this 
colony with utterly refusing to treat with Connecticut colony, 
in order to settle the line between the two colonies ; for that 
the only cause why the Assembly did not appoint commission- 
ers to treat upon the offer made by Mr. Law, was because Mr. 
Law limited the controversy pending between the line agreed 
upon in the year 1703, and a certain pond in the Narragansett 
country, deemed by the government of Connecticut to [be] the 
head of Pawcatuck river ; and that if their government will 
appoint and empower commissioners to agree with such com- 
missioners as may be appointed by this government, to settle 
the said line in the best way and manner as may be agreed 
upon between them, that then this government will readily fall 
into the same. 

Voted and enacted, that there be a ferry stated and settled 
at the place called Easton's Point, for the transportation of 
passengers and their wares to Jamestown ; and that the same 
be under the same regulation, and take like ferriage as the 
other ferry before stated from Newport to Jamestown ; and 
that Col. John Wanton, Capt. Jonathan Nichols, Lieut. Col. 
William Coddington, Mr. Joseph Whipple and Mr. John Wat- 
son, or any three of them, be, and are hereby appointed a com- 
mittee for the leasing out of the ferries stated from Rhode Is- 
land to Jamestown, and from Jamestown to the main land ; 
and from the main land to Jamestown, and from Jamestown to 
Rhode Island, and the ferries from Rhode Island to the main 
land ; and that they proceed in leasing out said ferries as the 
former committee did ; but that they do not lease the ferry 
stated from the point to James town, until the person offering to 
hire the same, be provided with a suitable conveniency for 
keeping of it. 



368 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1726. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 
10//j day of January, 1725-6. 

The Hon. Samuel Cranston, Governor. 



ASSISTANTS. 



Capt. Jonathan Nichols, 
Col. William Wanton, 
Capt. Edward Thurston, 
Mr. George Cornell, 



Mr. William Anthony, 
Mr. John Wickes, 
Mr. Jeremiah Gould, 
Mr. Rouse llelme. 



DEPUTIES. 



For Newport. 
Major Thomas Frye, 
Lieut. Col. Wm. Coddington, 
Capt. Job Almy, 
Col. Joseph Whipple, 
Mr. James Barker, 
Mr. Thomas Cos^eshall. 

For Providence. 
Capt. Richard Waterman, 
Mr. Jonathan Sprague, Jr., 
Mr. Thomas Olney. 
Capt. Job Whipple. 

For Portsmouth. 
Mr. William Coggeshall, 
Mr. Thomas Hickes, 
Mr. Joseph Brownell. 
Mr. Robert Lawton. 



For Warwick. 
Capt. John Waterman, 
Major Anthony Low, 
Capt. Thomas Stafford, 
Mr. William Greene. 

For North Kingstown. 
Mr. Thomas Iliscox, 
Mr. Christ. Champlin, Jr. 
Mr. William Hall. 

For South Kingstown. 
Capt. Benjamin Nichols, 
Mr. William Robinson, 
Mr. John Watson, 

For Jamestown. 
Capt. Nicholas Carr, 
Mr. Teddeman Hull. 



Major Thomas Frye, speaker. 
Mr. William Hall, clerk. 



1726.] AND PROVIDENCE PLANTATIONS. 369 

Voted, that Col. Nicholas Power be a committee man for 
the town of Providence, in the room of Mr. Andrew Harris, 
deceased, to let out the colony's bills of credit for said town ; 
and to do and act all other things, as the laws of this colony 
require. 

An Act appointing commissioners to settle the partition line 
between this colony and the Golony of Connecticut. 
The General Assembly of the colony of Connecticut, having 
made a second essay for the accommodating of the difference 
between the two governments, and settling the partition line 
between them, by authorizing and appointing commissioners 
on their part, for that end and purpose ; and this government 
being always desirous of peace and unanimity, and that a 
speedy end may be put to the present trouble and controversy, 
which hath been too long kept up, to the disadvantage of both 
governments/and that they may not be backward, but show 
their forwardness to take all proper measures to bring the 
aforesaid difference to a happy conclusion ; — 

Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is hereby enacted, that the 
Hon. Joseph Jenckes, Esq., William Wanton and Thomas Frye, 
Esqs., and Mr. Richard Ward, or any three of them, be, and 
they, or any three of them, are hereby authorized and empow- 
ered as commissioners on the behalf of this government, to meet 
with the commissioners for the colony of Connecticut (by an act 
of Assembly, chosen on their part), and with them to treat, settle, 
agree, run, fix and ascertain the said line of partition, in such 
manner and form as in justice and equity they, in their con- 
sciences, shall judge most just and right ; and the said line of 
partition, so agreed, concluded, run and ascertained, by suitable 
meets and monuments, shall be and remain the dividing and 
partition line between the aforesaid two colonies forever ; and 
said commissioners shall meet at such times and places as 
shall be stipulated and agreed on by, and between their Hon- 
ors, the Governors of the two colonies. k 
And moreover, the commissioners in behalf of this colony, 
vl. iv. 47 



370 RECORDS OF THE COLONY OF RHODE ISLAND [1726. 

in their running or ascertaining any line agreed on, are here- 
by empowered to take one surveyor or more, out of this gov- 
ernment, for the better effecting the same. 

Voted, that the commissioners (if they agree), with the Con- 
necticut commissioners, take with them such help and assist- 
ance as they shall think needful for the settling and running 
the line ; and the charge to be paid out of the general 
treasury. 

And this Assembly, taking into their consideration that the 
deputies of the several towns, that came to attend the Assem- 
bly last week, were, by the Governor's warrant (although the 
Assembly dropped) ordered to attend till the Assembly was 
called again ; — 

Do therefore vote, that the said deputies, according to the 
list hereunder following, be paid six shillings per diem, for ev- 
ery day by them spent in the service of the country, out of 
the general treasury. * * * 

This Assembly is dissolved. 

Order of Council, settling the boundary line between Rhode Island 
and Connecticut. 



At the court at St. James, the 8th day of February, 172G. Present, the King's 

Most Excellent Majesty in Council: 

Upon reading this day, at the board, a report from the Right Honorable, the 
Lords of the Committee of Council, dated the 20th of last month, in the words fol- 
lowing, viz. : 

Your Majesty having been pleased to refer unto the consideration of this com- 
mittee, the humble petition of Joseph Jenckes and Richard Partridge, agents for 
the colony of Rhode Island and Providence Plantations, in New England, relating 
to the boundaries between them and the colony of Connecticut, and praying that 
the same might be settled and confirmed to them, according to their charter. 

The lords of the committee, in pursuance of Your Majesty's said order, have tak- 
en the said petition into consideration, together with an answer thereto, from Mr. 
Dumrner, agent for the colony of Connecticut, and having received the opinion of 
the lords commissioners for trade and plantations, upon this affair, their lord- 
ships did several times summons the agents concerned, to appear before them, in 
order to be heard thereupon. But the agent for Connecticut not appearing, till 
the 2d day of August last, and he then not offering any thing to induce their lord- 
ships to differ in opinion with the said lords commissioners for trade and planta- 
tions ; the lords of the committee did then order a report of the whole matter to be 
drawn up, and laid before Your Majesty. 



1724.] 



AND PROVIDENCE PLANTATIONS. 






Yet the said Mr. Dummer, desiring a further opportunity to be heard, their 
lordships have hitherto deferred making their said report to Your Majesty. And 
the said agent not having appeared since that time, though twice summoned to at- 
tend, nor desired to be heard hereupon, by his counsel, their lordships do now 
agree humbly to report to Your Majesty the state of the case as it appears to 
them, from the said reports of the lords commissioners for trade and plantations, viz. : 

That on the 17th of March, 1643, a grant was made by the Earl of Warwick and 
others, at that time appointed commissioners by the Parliament, for the government 
and regulation of the plantations, to the people of Rhode Island and Providence 
Plantations, of a tract of land, bounded as follows, viz. : 

North and north-east, on the patent of Massachusetts ; east and south-east, on 
Plymouth patent ; south, on the ocean ; and on the west and north-west, by In- 
dians, called Narrowganneuchs, alias Narragansetts. The whole tract extending 
about twenty-five English miles, unto the Pequet river and country ; which instru- 
ment, though it cannot be reputed valid in law, yet in some measure is an evidence 
of what was then reputed to be the boundary of the Province. 

That after the restoration, application was made to His Majesty, King Charles 
the 2d, by the agents of Connecticut and Rhode Island, for charters, to fix the re- 
spective governments and boundaries of the said provinces ; and charters were ac- 
cordingly granted for that purpose. 

But the charter for Connecticut being obtained previous to that of Rhode Island 
and Providence Plantation, the boundaries of Connecticut were endeavored to be 
fixed to their advantage. 

That the said charter for Connecticut bears date the 23d of April, 1662, and their 
bounds are described in the following manner, viz. : 

" All that part of our dominions in New England, in America, bounded on the 
east, by the Narragansett river, commonly called Narragansett bay, where the said 
river falleth into the sea ; and on the north, by the line of the Massachusetts Plan- 
tation •, and on the south, by the sea ; and in longitude as the line of the Massa- 
chusetts colony, running from east to west (that is to say), from the said Narragan- 
sett bay on the east, to the south sea on the west part, with the islands thereunto 
adjoining, together with all firm lands, soils, grounds, &c." 

That the people of Rhode Island and Providence Plantations, apprehending that 
the said Connecticut charter, so bounded, might unjustly swallow up great part of 
their territories, and cast off all their pretensions to any thing upon the continent. 
This grievance they complained of soon after the said charter was obtained, 
and it doth appear, — 

That John Winthrop and John Clarke, then agents for the respective colonies 
of Connecticut and Rhode Island and Providence Plantations (notwithstanding the 
said charter to Connecticut,) did, in April, 1663, submit to arbitration what should 
be the boundaries between the paid colonies. And it appears, — 

That the charter which was afterwards granted to Rhode Island, in the fifteenth 
year of King Charles the 2d, takes notice of the aforesaid arbitration, and hath fixed 
their boundaries in the following manner, viz. : 

" All that part of our dominions in New England, in America, containing the Nay- 
hantick, Nanhiggansit (alias Narragansett)bay and country, and parts adjacent, bound- 
ed on the west or westerly,by the middle or channel of a river there, commonly known 
by the name of Pacatuck river, alias Pawcaytuck ; and so along the said river, as the 
greater or middle stream thereof, reacheth or lies up into the country northward, 



372 RECORDS OF THE COLONY OF RHODE ISLAND [172G. 

unto the head thereof ; and from thence, by a straight line, drawn due north, until 
it meet with the south line of the Massachusetts colony ; and on the north or north- 
erly, by the aforesaid south or southerly line of the Massachusetts colony or planta- 
tion, and extending towards the east or easterly, three English miles to the east or 
north-east of the most eastern or north-eastern parts of the aforesaid Narragansett 
bay, as the said bay lieth or extended itself from the ocean on the south or southerly 
unto the mouth of the river, which runneth towards the town of Providence ; and 
from thence, along the easterly side or bank of the said river, higher called by the 
name of Seacunck river, unto the falls called the Patucket Falls ; being the most 
northerly line of Plymouth colony; and so from the said falls, into a straight line 
due north, until it meet with the aforesaid line of the Massachusetts colony ; and 
bounded on the south, by the ocean ; and in particular, the lands belonging unto 
the towns of Providence, Patuxet, Warwick, Misquammacock, alias Pawcatuck *, 
and the rest, upon the main land, in the tract, aforesaid, together with Rhode Island, 
Block Island, and all the rest of the islands and banks in the Narragansett bay, 
and bordering upon the coast of the tract, aforesaid, Fisher's Island only excepted j 
together with all firm lands, soils, &c. And further, the said charter directs, that 
the river Pawcatuck shall at all times thereafter, be called, and deemed to be the 
Narragansett river, mentioned for a boundary in the charter to Connecticut." 

From which pretended grant of the Earl of Warwick and others to Rhode Island 
and Providence Plantations, as also from the submission of the boundaries to arbi- 
tration by the agents of both colonies, so soon after the charter for Connecticut had 
been obtained, and by the charter to Rhode Island and Providence Plantations, it 
appears, — 

That King Charles the Second, was surprised in his grant to Connecticut, as to 
the boundaries, and that such arbitration and subsequent charter, was intended to 
redress the grievance complained of by Rhode Island and Providence Plantations. 
It also appears, — 

That so lately as in 1703, by agreement between commissioners appointed in Oc- 
tober, 1702, in behalf of the said colonies respectively, for settling their boundaries, 
it was agreed, that the western boundary between Rhode Island and Providence 
Plantation and Connecticut, should for the future be formed by a line to be drawn 
from the mouth of Ashaway river, where it falls into the Pawcatuck river ; and 
thence extending north, to the south line of the Massachusetts Bay. And it also 
appears, — 

That the commissioners of Connecticut did actually meet and concur with those 
of Rhode Island, in drawing the said line as a boundary between the two colonies, 
and which line is particularly described in green, on the said map hereunto an- 
nexed. 

And by the said appointment of the General Assembly of Connecticut, in Octo- 
ber, 1702, it plainly appears the General Assembly of Connecticut approved of the 
said arbitration of their agent Winthrop, in 1663; they expressly providing in the 
said instrument, " that nothing to be done by these commissioners, shall alter or 
change the property of any persons' lands, but that property shall be saved accord, 
ing to the agreement of their late agent, John Winthrop, made in the year 1663 ? 
with Mr. Clarke, agent for Rhode Island ;" which is a strong proof that the govern- 
ment of Connecticut apprehended the pretensions of Rhode Island were just and 
equitable. 

It also is very full in proof, that the people of Rhode Island have been in posses- 



1726.] 



AND PROVIDENCE PLANTATIONS. 373 



sion of several tracts of land, extending west from the Narragansett bay, to the red 
and green lines marked in the said map hereto annexed, as the boundaries between 
the two colonies ; and that the taxes had been constantly paid for the same, to 
Rhode Island government only. 

It also further appears, that the government of Connecticut have sent two letters 
on this occasion ; one, to the lords commissioners for trade and plantations, of the 
28th day of October, 1723, and the other, to Mr. Dummer, their agent here; 
in which letter to their agent they express themselves thus, viz. : 

" The government of Rhode Island is in the actual possession, as they themselves 
own, of the land which they claim, and we think belongs to us ; we dont think fit 
to disturb them in that possession. It is not we, but they, that have made this com- 
plaint ; if they would have sat still with all they desired, their lordships had not been 
troubled as they now are, with this story." 

And in both their said letters, the government of Connecticut leave the bounds 
to be settled by His Majesty. Their letter to the lords commissioners of trade, run- 
ning in these words, viz. : 

" And we assure your lordships that notwithstanding the priority of our charter, 
to that of Rhode Island, His Majesty's determination will, on our part, put a per- 
petual end to the controversy, and confirm that peace between us and them, which 
your lordships have been pleased to express such a regard for." 

And their letter to the agent, runs in these words, viz. : " They doubt not but this 
matter [of the boundaries] will have a good issue one time or other, and even now, 
if their lordships would let them (the Rhode Island people) understand that they 
must be contented with these bounds set them in their own charter, and tell them 
how those bounds must be understood and taken. That would end the controversy, 
and they would have no reason to complain ; nor should we give them the least 
trouble in the law, though our charter be prior to theirs." 

All which being considered by their lordships, though the line in the annexed 
map is what the Rhode Island people insist on as the true boundary between them 
and Connecticut, according to their charter ; yet, as the green line in the said an- 
nexed map, was determined in 1703 to be the division line between the two colonies, 
by the commissioners of each government, respectively appointed for that purpose, 
their lordships are humbly of opinion to advise Your Majesty that you would be ora- 
ciously pleased to signify your pleasure that the boundary line between the said two 
colonies as described by the aforesaid green line drawn from the mouth of Ashaway 
river where it falls into the Pawcatuck river, and thence extending north to the 
south line of the Massachusetts Bay, may forever hereafter be the settled boun- 
dary between the said two colonies of Connecticut and Rhode Island and Provi- 
dence Plantations. 

His Majesty in council, taking the said report into consideration, is pleased to ap- 
prove and confirm the same, and to order, as it is hereby ordered, that the afore- 
mentioned green line, as described in the map hereunto annexed, drawn from the 
mouth of Ashaway river, where it falls into the Pawcatuck river, and thence ex- 
tending north of the south line of the Massachusetts Bay, be for ever hereafter the 
settled boundary between the said two colonies of Connecticut and of Rhode Island 
and Providence Plantations. Whereof, the Governors and companies of the said 
colonies, and all others whom it may concern, are to take notice, and yield due 
obedience to His Majesty's pleasure hereby signified.* 

* J. Carter Brown's Manuscripts Vol. VIII. No. 059. 



374 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1726. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Neivport, the 3d day of 
May, 1726. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Wm. Anthony, 

Col. Wm. Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. John Wickes, 

Mr. Geo. Cornell, Mr. Rouse Helme. 



DEPUTIES. 



For Newport. 
Lieut. Col. Wm. Coddington, 
Capt. John Brown, 
Co.l John Coddington, 
Col. Joseph Whipple, 
Capt. William Peckham, 
Mr. Thomas Coggeshall. 

For Providence. 
Capt. Richard Waterman, 
Mr. Jonathan Sprague, Jr., 
Mr. Elisha Knowlton, 
Capt. James Arnold. 

For Portsmouth. 
Mr. Giles Slocum, 
Mr. Thos. Hicks, 
Mr. Joseph Brownell, 
Mr. Thomas Cornell. 



For Warwick. 
Capt. John Waterman, 
Major Anthony Low, 
Capt. William Arnold, 
Mr. Stukely Stafford, 

For Westerly, 
Mr. Christ. Champlin, Jr., 
Mr. Thomas Hiscox. 

For North Kingstown. 
Mr. Francis Willett, 
Mr. William Spencer. 

For South Kingstown. 
Mr. Wm. Robinson, 
Mr. Job Babcock. 

For East Greemvich. 
Major Thomas Frye, 
Mr. John Spencer. 

For Jamestotvn. 
Capt. Nicholas Carr, 
Mr. Teddeman Hull. 



1726.] AND PROVIDENCE PLANTATIONS. 375 

Lieut. Col. William Coddington, speaker. 
Mr. Francis Willett, clerk. 

John Gibbs, Job Tripp, William Clagget, Henry Negus, 
John Simpson, Richard Morris, Martin Howard, Edward Rich- 
mond, Samuel Sanford, Barnabas Hargil, Isaac Bowen, Benja- 
min Stanton, Jr., Peter Thurston, John Stevens, Jr., and 
Jonathan Bennett, all of Newport, are admitted free of the 
colony. 

Daniel Amezy, Oliver Earle, Abraham Shearman and Joseph 
Lawton, all of Portsmouth, are admitted free of the colony. 

Thankful Collins, Benjamin Barton, Benony Waterman, Re- 
solved Waterman and Stephen Low, all of Warwick, are admit- 
ted freemen of this colony. 

John Cole and Thomas Place, Jr., both of North Kingstown, 
are admitted freemen of this colony. 

Ezekiel Long, Thomas Mathewson, Jr., Nathaniel Niles, Jr., 
Richard Briggs, Jr., Robert Nichols, Joseph Nichols, Jonathan 
Nichols, John Jenkins and James Sweet, all of East Greenwich, 
are admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1726. 

Col. William Coddington, speaker. 
Mr. Francis Willett, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jcnckes, Deputy Governor. 



376 RECORDS OF THE COLONY OF RHODE ISLAND [1726. 



ASSISTANTS. 

Capt. Jonathan Nichols, Mr. Wm. Anthony, 

Col. William Wanton, Major Randall Holden, 

Capt. Edward Thurston, Mr. John Wickes, 

Col. Nicholas Power, Mr. Francis Willett, 

Mr. George Cornell, Mr. Rouse Helnie. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTTORNET. 

Mr. Jahleel Brenton. Mr. Daniel Updike. 

An Act for the regulating of millers, in their taking of toll. 
[See public laws, 1730, p. 141.] 

An Act for the raising of jurors' fines. [See public laws, 
1730, p. 143.] 

Voted, that the committee for the leasing out the ferries, 
lease them out to those who are best provided with a boat 
wharf and pier, for the country's conveniency ; and that such 
bonds as they have, or shall take for the performance of the 
conditions of the leases, they have, or shall make for the leasing 
out of the ferries, shall be good to oblige the obligors to per- 
form the same ; and they are hereby empowered and author- 
ized to sue and recover the bonds, upon any breach of the 
same, made by any obligor or obligors. 



1726.] AND PROVIDENCE PLANTATIONS. 377 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the \Uh day of 
June, 1726. 



The Hon. Samuel Cranston, Governor. 

The Hon. Joseph Jenckes, Deputy Governor. 

Richard Ward, recorder. 

Lieut. Col. William Coddington, speaker. 

Mr. Francis Willett, clerk. 

Voted, that His Honor, the Governor, be pleased to accept 
of £'70, out of the general treasury, as a small gratuity of this 
Assembly, for his extraordinary service last year. 

This Assembly, having under their consideration the safety 
and security of this, His Majesty's colony, and being in a daily 
expectation of a proclamation of war against Spain, and other 
potentates, and having experienced that under the protection 
of a merciful God, the strength and defence of this, His Majes- 
ty's colony, depends upon the courage, conduct and discipline 
of the militia, the good effects whereof, with the blessing of 
God, was very conspicuous in the late wars ; — 

But this Assembly being advised that through the dissatis- 
faction and discontent of His Majesty's good subjects in the 
choice and election of commissioned officers, to lead and con- 
duct them, and the smallness of the fine on delinquents, the 
militia is of late visibly declining, not only to the scandal and 
reproach of the government, but also to the imminent dan- 
ger thereof, and of His Majesty's interest, should it be invaded 
or assaulted by a common enemy ; — 

Be it therefore enacted by the authority of this Assembly, 
and it is hereby enacted, that the several or respective compa- 
nies or trained bands of, and within this colony, shall, on the sec- 
ond Monday in April next, which will be in the year 1727, meet 

vol. iv. 48 



378 RECORDS OP THE COLONY OF RHODE ISLAND [1726. 

together under military arms, at their usual place of meeting, or 
rendezvous, with the freemen within the limits of each band, and 
being then and there met, shall nominate and elect a captain, lieu- 
tenant and ensign of their respective bands, with the inferior or 
under officers (as shall be well qualified) to be their commanders; 
and that such as shall be then nominated and elected by a ma- 
jority of voices or votes, their names (of those for to be com- 
missioned officers) shall be taken by the clerk of the band 
(who shall be under engagement), and the names by him so 
taken, shall be sealed up and delivered to the general recorder 
or clerk of the council, at the general election, the first 
Wednesday of May following, in the same year r 1727, by the 
Governor and council to be approbated and confirmed ; with- 
out the Governor and council shall see just cause to reject or 
disapprove of any one or more of them ; in which case, the 
council shall elect another or others in the place of him or 
them, which shall be so rejected, or disproved. 

And it is further enacted by the authority aforesaid, that for 
the better encouragement of the commissioned and other offi- 
cers of each band, to accouter and inform themselves of the 
military art and discipline, that such as shall be elected and 
approved of, as above said, shall continue in their respective 
offices for the term of three years ; the captains, lieutenants 
and ensigns to be commissionated accordingly. ' 

But in case of the death or removal of any one or more of 
said officers, who are by the general council removable for any 
misdemeanor or mal-administration in their said offices, in 
which case, upon the death or removal of any commissioned 
officer, as aforesaid, the general council shall elect and commis- 
sionate one or more in his or their place, so dead or removed ; 
and in case of the death or removal of any of the inferior offi- 
cers within said term, it shall be in the power of the commis- 
sioned officers to nominate and appoint one or more in his or 
their places, so dead or removed, to continue till the next 
general election, at the expiration of the said three years. 

And this Assembly, for the further encouragement of such 
of His Majesty's good subjects in this colony, as have a regard 



1726.] AND PROVIDENCE PLANTATIONS. 379 

to the honor and interest of the same, and constantly do ob- 
serve and attend upon their duty, and for bringing of such as 
contemn the same, and have little regard, if any, to good order 
and discipline to conformity (with due regard to all tender 
consciences) ; — 

Do enact, and it is hereby enacted, that the penalty upon 
such person who is within the lists of any company or train 
band in this colony, for his neglect of duty on training days, as 
the laws prescribe, that he shall hereafter pay a fine of five 
shillings bills of credit, or pay equivalent for each neglect ; 
and the penalty on each person that is obliged to appear on 
alarms or other special occasions when the militia are in arms, 
or upon duty, shall be a fine of ten shillings for each neglect 
of duty, in bills of credit, or pay equivalent, as aforesaid ; the 
which fines, shall be paid or taken as the law prescribes in the 
act made in the year 1718, for regulating the militia ; with this 
further addition and proviso, viz. : 

That when any person is justly deemed finable for any neg- 
lect, as aforesaid, and will not pay his fine or fines to the pro- 
per officer upon demand, and will not show any personal estate, 
or hath none to make distraint on, that in such case, the officer 
shall apply himself to an assistant justice, or conservator of 
the peace, in the town wherein the delinquent person resides ; 
and the said minister of justice so applied unto, shall grant 
forth his warrant (if in conscience he makes no scruple so 
to do) to apprehend such delinquent person, and bring said 
person before him, who shall hear and give judgment 'as in ac- 
tional cases under forty shillings ; and any one of said minis- 
ters of justice are hereby empowered to hear and determine 
the same, accordingly, which shall be a final issue thereof. 

Always provided, that if the said delinquent person or per- 
sons shall plead that it is against his or their consciences to 
fight or bear any sort of arms or weapons to defend himself, 
his interest, and the interest of the colony against a common 
enemy, and for the confirmation of what he asserts, produce 
and deliver to his commander, or to the justice, a certificate 
from the congregation and meeting to which he or they do be- 



380 RECORDS OF THE COLONY OF RHODE ISLAND [172G. 

long, or frequent, that they, the said meeting, do own him or 
them to be in unity with them, and that they are persuaded 
and do believe him or them to be truly consciencious in what 
he or they do declare against fighting, &c, that then the com- 
mander or justice, that shall receive such certificate, shall ac- 
quit and discharge such person or persons from paying any 
fine or fines, with the following proviso, viz. : 

That the person or persons so acquitted and discharged, do 
upon alarms or other special occasions, when the militia are in 
arms, and upon duty, appear and attend with horse, or horse 
kind, if any he hath, to serve the King, or otherwise in person, 
if he hath none, and observe and perform all such orders and 
directions as he shall receive from the commanding officer or 
officers, in riding or going upon any discovery, carrying or bring- 
ing intelligence, and the like service ; but in default or neglect 
thereof, such person or persons so defaulting or neglecting, 
shall not be acquitted and discharged of his and their fine or 
fines, but shall be taken and adjudged as in actional cases un- 
der forty shillings, as aforesaid ; any act, or usage, or custom 
to the contrary, notwithstanding. 

Whereas, complaint hath been made to this Assembly, that 
the highway of the north-west corner of Pettaquamscutt Pur- 
chase, in North Kingstown, is very much straightened by 
those whose lands join thereon ; — 

Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that 
the town council of North Kingstown order and appoint a 
surveyor to find the north-west corner of Pettaquamscut Pur- 
chase, and to run up the northerly line of said Purchase ; and 
that the said town council, open the highway that is run up 
upon said Purchase line, as it was formerly laid out by a 
jury. 

Whereas, there are sundry bonds due to the colony, which 
have been outstanding for many years ; the same being in the 
first place, taken after an intricate and irregular manner, 
which most likely is the reason why the people who formerly 
gave them, and their representatives, neglect and refuse to 



1726.] AND PROVIDENCE PLANTATIONS. 381 

comply with the former proposals .of the General Assembly, 
for renewing them, or in paying what is justly due to the 
same ; and this Assembly have considered the injustice of 
those people who keep back from the colony its just due, as 
well as the great necessity the colony lies under for the same, 
to answer sundry undertakings in hand; and also, that if 
timely care be not taken, said money will be totally lost ; — 

Wherefore, be it enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that the 
aforesaid bonds, commonly called the Narragansett bonds, be 
forthwith put into the hands of the general attorney, who is 
hereby ordered and directed to use his best endeavors by noti- 
fications and fair means, for the recovery of said money, so 
long kept back from the colony ; and to sue all such to the 
next General Court of Trials, to whom the aforesaid treatment 
proves ineffectual ; and that the attorney general make return 
of his proceedings, and account for the money by him recov- 
ered, to the General Assembly, after the General Court of 
Trials next, always lodging the money by him recovered forth- 
with into the general treasury, for the use of the colony. 

And inasmuch as there is no stated salary upon the attorney 
general, it is voted, that he do all the colony's business, and 
that whenever the treasurer sees cause to sue any of the colo- 
ny's bonds, &c, that the attorney general be the proper attor- 
ney to manage the same, as much as if he had a particular 
power therefor; but that he never take any fees of those 
delinquents or persons sued by the treasurer, who answer 
their debts before a declaration be drawn against them. 

An Act for the limitation of personal actions as are limited to 
be brought within a certain term of years, in the statue of 
the 21st year of King James the First, and chapter the 16th, 
and for putting the said statute in full force, in limit- 
ing said actions in this colony. [See public laws, 1730, 
p. 141.] 

Voted by this Assembly, that as soon as the bills shall be 



382 RECORDS OF THE COLONY OF RHODE ISLAND [1726. 

printed for exchanging the £5, and 40s. hills, called in hy the 
act of this Assembly, that £1000 of said bills be applied to, 
and for the use of the fort ; to be re-paid again out of the 
money applied and ordered for the use of the fort. 

Whereas, Stephen Northup, of North Kingstown, in this 
colony, at a General Court of Assembly, held at Warwick, on 
the last Wednesday of October last, had a decree of said As- 
sembly given in his favor, against Elisha Cole, of said North 
Kingstown, to turn the stream or brook between them to his 
ancient course ; — 

Whereupon, the said Stephen Northup, by one execution, 
had the grist mill dam aeross the said river pulled down, 
whereby the mill that stood on said river is rendered useless, 
and the inhabitants of North and South Kingstown are there- 
by put to very great difficulties to get their bread corn 
ground, and at a very great distance from them, there being 
but one grist mill any thing near, nor any river commodious 
for the erecting of a grist mill within many miles, which obliges 
many persons to eat pounded corn, instead of ground ; and the 
said Stephen Northup and Elisha Cole not agreeing to erect 
and build up the dam again ; — 

All which, being duly considered by this Assembly, and that 
the public benefit of whole towns is to be preferred to the ben- 
efit of two private persons, this Assembly do therefore enact 
and declare, and it is hereby enacted and declared, that if the 
said Stephen Northup and Elisha Cole shall not within three 
months after the publication hereof, agree, so that the mill dam 
be erected and built up again, so that the said mill be caused to 
grind, that then the town council of North Kingstown be, and 
they are hereby fully empowered and authorized to cause a 
jury of twelve men, under oath, to value the yearly income of 
the land and mill, and the right that belongs to the said Elisha 
Cole in the said mill, dam, land, river, &c, and the yearly dam- 
age the said Stephen Northup shall sustain by having his land 
drowned, by erecting the aforesaid dam; and that the said 
town council, in behalf of the said town, take the said mill, 
land, dam, &c, into their custody, and erect and amend the 



1726.] 



AND PROVIDENCE PLANTATIONS. 



383 



dam, and cause the mill to grind ; the said town yearly paying 
to the said Elisha Cole and Stephen Northup the yearly value 
of the mill, land, dam, and river, as each of them shall be or- 
dered to have, by the valuation of the jury aforesaid, until such 
time as the said Elisha Cole and Stephen Northup shall agree 
between themselves to keep the mill going. 
God save the King;. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at 
Wednesday of October, 1726. 



Providence, the last 



The Hon. Joseph Jenckes, Deputy Governor, 



ASSISTANTS. 



Capt. Jonathan Nichols, 
Col. William Wanton, 
Capt. Edward Thurston, 
Col. Nicholas Power, 
Mr. George Cornell, 



Mr. William Anthony, 
Mr. John Wickes, 
Mr. Francis Wilier, 
Mr. Rouse Ilelme, 
Capt. John Waterman. 



DEPUTIES. 



For Newport. 
Lieut. Col. Wm. Coddington, 
Capt. John Brown, 
Col. Joseph Whipple, 
Major John Coddington, 
Capt. Wm. Peckham, 
Mr. Thos. Coggeshall. 
For Providence. 
Capt. Richard Waterman, 
Major Wm. Smith, 
Mr. Philip Tillinghast, 
Mr. Daniel Cooke, 



For Portsmouth. 
Mr. Thomas Hicks, 
Mr. Joseph Brownell, 
Capt. William Hall, 
For Warwick. 
Capt. John Waterman, 
Mr. John Warner, 
Mr. Israel Arnold, 
Capt. Othniel Gorton. 



384 RECORDS OF THE COLONY OF RHODE ISLAND [1726. 



DEPUTIES. 

For Westerly. For East Greenwich. 

Major Joseph Stanton, Mr. John Spencer, 

Capt. John Hill. Mr. Thomas Frye, Jr. 

For North Kingstown, For Jamestown. 

Mr. Jeremiah Gould, Capt, Nicholas Carr, 

Mr. Benjamin Northup. Mr. John Underwood. 

For South 



Mr. Wm. Robinson. 

Mr. Jeremiah Gould, speaker. 
Capt. Richard Waterman, clerk. 

Forasmuch, as information has been given to this Assembly, 
that several persons from Connecticut have several times come 
into this colony, and run lines in several towns in this colony, 
without the assent or knowledge of the authority of this gov- 
ernment, which is contrary to the laws established in Great 
Britain and this colony, and may prove very prejudicial and 
hurtful to the government in general ; — 

For remedying whereof, for the future, be it enacted by the 
General Assembly of this colony, and by the authority of the 
same it is enacted, that if any person or persons from out of 
the neighboring governments, shall come into this colony, and 
run any line, or measure any tract or tracts of land within this 
government, without the assent and approbation of the Govern- 
or and council of this colony, for the time being, that such per- 
son and persons be taken into custody, by a warrant from an 
assistant or justice of the peace, of such town where such per- 
son or persons shall be found running of any line or lines, and 
be committed to jail in Newport, until the next General Court 
of Trials, as shall next happen after such commitment ; where 
such person or persons, if convicted of so doing, shall be fined, 
at the discretion of the judges of such court, not exceeding 
above £50 each, for such offence. 

Gocl save the Kino;. 



1727.] 



AND PROVIDENCE PLANTATIONS. 



385 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, tlte 2a 
day of May, 1727. 

The Hon. Joseph Jenckes, Deputy Governor. 



ASSISTANTS. 



€apt. Jonathan Nichols, 
Col. William Wanton, 
Col. Nicholas Power, 
Mr. George Cornell, 
Mr. Wm. Anthony, 



Capt. John Waterman, 
Mr. John Wickes, 
Mr. Francis Willett, 
Mr. Rouse Helme. 



DEPUTIES. 



For Newport. 
Lieut. Col. Wm. Coddington, 
Capt. Benj. Ellery, 
Col. Joseph Whipple, 
Major John Coddington, 
Capt. William Peckham, 
Mr. Thomas Coggeshall. 

For Providence. 
Capt. Richard Waterman, 
Mr. Wm. Smith, 
Mr. William Jencks, 
Mr. Philip Tillinghast. 

For Portsmouth. 
Mr. Thomas Cornell, 
Mr. Gideon Freeborne, 
Capt. William Hall, 
Mr. Joseph Brownell. 



VOL. IV. 



For Warivick. 
Mr. Moses Lippit, 
Lieut. Stephen Arnold, 
Mr. John Warner, 
Mr. William Greene. 
For Westerly. 
Major Joseph Stanton, 
Mr. Thomas Hiscox. 

For North Kingstown. 
Mr. Jeremiah Gould, 
Mr. William Spencer. 

For South Kingstoivn. 
Mr. William Robinson, 
Mr. Job Babcock. 

For East Greemvich. 
Major Thos. Frye, 
Mr. Thomas Spencer. 
For Jamestoivn. 
Capt. Nicholas Can*, 
Mr. Richard Tew. 
49 



386 RECORDS OF THE COLONY OF RHODE ISLAND [1727. 

Mr. Jeremiah Gould, speaker. 
Capt. Richard Waterman, clerk. 

Henry Barzee, Thomas Gardner, Job Caswell, Edward Scott, 
Ebenezer Richardson, John Chadwick, Jr., Benjamin Norton, 
Jr., Benjamin Jefferson, Thomas Hicks, Joseph Slocum (in the 
woods), Peter Ayrault, Augustus Lucas, Jr., Jonathan Tilling- 
hast, John Chipman, Jonathan Chace, Thomas Staples, Joseph 
Peckham, Peter Philips, George Gardner, Daniel Vaughan, son 
of John, James Blackstock and George Tew, all of Newport, 
are admitted freemen of this colony. 

Benjamin Tillinghast, William Coman, Thomas Williams, 
James Williams, Jr., Edward Smith, John Owen, Zachariah 
Eddy, Jr., Daniel Whipple, Thomas Olney, currier, Benjamin 
Waterman, Jr. and Epenetus Olney, Jr., all of Providence, are 
admitted freemen of this colony. 

Benjamin Shearman, William Cornell, William Burrington, 
son of William Burrington, Jr., Thomas Hicks, Jr., John Slo- 
cum, Jr. and Caleb Arnold, all of Portsmouth, are admitted 
freemen of the colony. 

John Stafford, Philip Greene, William Cory, Samuel Gorton 
son of Samuel Gorton, James- Col vin, John Roberts, Josiah Col- 
vin and John Briggs, all of Warwick, are admitted freemen of 
this colony. 

Peter Boss, Jonathan Morey, John Cole, Thos. Place. Jr., Na- 
thaniel Havens, Whitford, John Reynolds, carpenter, Sam'l 
Fones, Jr., David Vaughn, Geo. Tibbetts, Jr. and Benj. Wright, 
all of North Kingstown, are admitted freemen of this colony. 

William Case, Jr., Solomon Carpenter, Jr., and Moses Bar- 
ber, the third, all of South Kingstown, are admitted freemen of 
this colony. 

Caleb Carr, Jr. and John Cory, both of Jamestown, are ad- 
mitted freemen of this colony. 

Christopher Carpenter, Jeremiah Ellis, Benjamin Bentley, 
Hezekiah Matison, John Langford, Jonathan Weaver, Ebenezer 
Cook, John Case, son of Joseph, Pasco Whitford, Robert Fish, 
James Reynolds, Jr. and Amos Stafford, all of East Greenwich, 
are admitted freemen of this colony. 



1727.] AND PROVIDENCE PLANTATIONS. 387 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1727. 

Mr. Jeremiah Gould, speaker. 
Capt. Richard Waterman, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Jonathan Nichols, Deputy Governor. 



ASSISTANTS. 

Col. Wm. Wanton, Mr. William Anthony, 

Lieut. Col. Wm. Coddington, Capt. John Waterman, 

Col. Nicholas Power, Mr. John Wickes, 

Capt. Richard Waterman, Mr. Francis Willett, 

Mr. George Cornell, Mr. Rouse Helme. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr. Jahleel Brenton, Jr. Mr. Daniel Updike. 

Mr. Thomas Spencer, chosen clerk, instead of Capt. Richard 
Waterman, chosen assistant. 

It is voted and ordered by the General Assembly, that the 
charter be delivered into the hands of His Honor, the Govern- 
or, and the duplicate be delivered to the deputy governor's 
care and custody ; and that the Governor amend the seal 
thereof, if it be needed. 

Voted, that the recorder, Mr. attorney general and the gen- 



388 RECORDS OF THE COLONY OF RHODE ISLAND [1727. 

eral treasurer, join with the executors of the late deceased Gov- 
ernor, to overhaul and examine his papers ; and what papers 
they shall find amongst them to relate to the affairs of thie col- 
ony, to be delivered to the Governor. 

It is voted by this Assembly, that the general treasurer of the 
colony pay out of the general treasury, to the executors of the 
late deceased worthy Governor, and for the use of his estate, 
£70, as a gratuity for the extraordinary service done by the 
late deceased Governor. 

Forasmuch, as it is highly necessary for the Governor of this 
colony, to live at Newport, the metropolis of the government, 
and this Assembly considering that it will be very chargeable 
for the present Governor to remove his family to Newport and 
settle there ; — 

Therefore, it is ordered by this Assembly, that His Honor, 
the present Governor, have, forthwith, out of the general treas- 
ury, £100, for to defray the charges of removing his family 
to Newport ; and the general treasurer of this colony is hereby 
ordered to pay him the same, accordingly. 

Voted, that £300 be paid out of the general treasury, to 
procure silver or bills of exchange, to be remitted by the Gov- 
ernor to our agent in Great Britain, for the colony's service ; 
and Mr. Joseph Whipple draw it out of the general treasury, 
and procure the said silver or bills of exchange, and lodge it 
with the Governor, to be sent home, as aforesaid. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Ncivport^ the loth day of 
June, 1727. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Jonathan Nichols, Deputy Governor. 

Richard Ward, recorder. 

Mr. Jeremiah Gould, speaker. 

Capt. Richard Waterman, clerk. 



1727.] AND PROVIDENCE PLANTATIONS. 389 

Whereas, it has been made to appear to this Assembly, that 
a certain Indian lad, named Teter, belonging to Jacob Mott, 
Jr., of Portsmouth, did, sometime past, maliciously endeavor to 
murder his said master, by discharging at him a gun, loaded 
with a bullet and sundry shot, shooting him through the hat, 
so that it was an extraordinary act of Providence, said Mott 
was not killed ; which thing, inasmuch as there was only an 
intent ot mischief, and none really done and acted, falls not un- 
der the law, so that the said Indian may have afflicted on him 
the punishment equalizing the malignity of his crime ; and 
this Assembly having cause to think said Indian may have 
some accomplices, and that it may be of bad consequence, ever 
to set him at large in this government again ; — 

For the preventing of future clanger, and for the terror of 
evil doers hereafter, do order, enact, and it is hereby ordered 
and enacted by this Assembly, and by the authority thereof, that 
the said Indian lad, named Peter, shall, on the 17th clay of this 
instant June, be branded on the forehead with the letter R 
with a hot iron, and be publicly whipped at a cart's tail, 
throughout all the most public corners and places of the town 
of Newport, as the justices of said town shall think fit to direct, 
not exceeding ten lashes in one place ; and that the said Jacob 
Mott shall, and hereby hath full power to sell and dispose of 
said Indian, named Peter, so that he be banished into some 
foreign part, never to have liberty of returning into this gov- 
ernment again ; which sale shall run for the time he hath in 
said Indian ; and for so much longer time, as will pay the 
charges incident to the aforesaid fact, which the said Jacob 
Mott shall be answerable for ; any law, usage or custom, to the 
contrary hereof, notwithstanding. 

Upon the petition and representation of the town of Ports- 
mouth, setting forth that the ferry and privilege of transporting 
passengers from Portsmouth to Bristol, being confined to Thos. 
Borden, or to any one particular person, is not so convenient, 
and cannot accommodate the public, as if continued in two dis- 
tinct places, as the same has been accustomed to have been 
kept of old ; which this General Assembly having considered, 



390 RECORDS OF THE COLONY OF RHODE ISLAND [1727. 

together with the prayer of Abiel Tripp, setting forth the hard- 
ship and ill convenience attending him, by the ferry's being 
moved from his house, or the place where he lives, where there 
is a public landing place, and from whence there hath been a 
ferry kept for upwards of forty years ; — 

Be it therefore enacted by this General Assembly, and by 
the authority thereof it is hereby enacted, that upon said Abiel 
Tripp's providing a good and sufficient boat and wharf for the 
service of the public, and applying himself to the committee 
for leasing of ferries, said committee are hereby empowered 
and directed to grant him a lease, so that he may keep a ferry 
to transport passengers from said place to Bristol, and be upon 
equal footing with Thomas Borden, as though said ferry had 
not been leased to one person solely ; any law, custom or usage 
to the contrary hereof, notwithstanding. 

Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is enacted, that the several 
sums of old money, and the several sums of torn money order- 
ed to be exchanged, and the £5 and the 40s. bills called in, and 
by act of Assembly, ordered to be exchanged, as by the several 
sorts hereafter mentioned, be forthwith burnt ; and the same 
were burnt in the presence of the Assembly, accordingly. 

It is ordered by this General Assembly, that the general 
treasurer take the advice and direction of His Honor, the 
Governor, deputy governor, and provide such ammunition for 
the defence and safety of the government as they shall think 
fit. 

For the docking of estates tail, according to the law and 
usage of this colony, are chosen the following officers : 

Daniel Abbott, cursitor. 

Job Babcock, prothonotary ; refused. Major John Cod- 
dington, chosen in his room. 

Joseph Borden, Esq., receiver. 

William Coddington, Esq., master of the alienation office. 

Jahleel Brenton, Jr., custos brevium. 

There was paid into the general treasury of this colony, the 



1727.] AND PROVIDENCE PLANTATIONS. 391 

sum of £60, by Ninegret's trustees, the late sachem, in full of 
what was due from said sachem to this colony. 

It is ordered by this Assembly, that a letter be writ, and 
signed by the secretary or general recorder of the colony, and 
sent to the Governor of Connecticut, informing him of the set- 
tlement of the line between this colony and Connecticut ; and 
that he follow the directions therein, of His Honor, the 
Governor. 

Ordered, that the thanks of the Assembly be given to the 
deputy governor, for his service in the affair of Mr. Chickley. 

God save the King. 



Proceedings of the General Assembly held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the 22d day 
of August, 1727. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Jonathan Nichols, Deputy Governor. 

Richard Ward, recorder. 

In the absence of the speaker and clerk, the house chose 
Major Thomas Frye, speaker, and Major John Coddington, 
clerk. 

Both houses resolved into a grand committee for to choose a 
deputy governor, in the room and place of Jonathan Nichols, 
Esq., deceased. 

Major Thomas Frye, chosen deputy governor of this colony, 
in the room of Jonathan Nichols, Esq., deceased, and engaged. 

Jahleel Brenton, Jr., chosen one of the colony's trustees or 
committee, for the signing and emitting of bills, &c. ; and a 
committee man for the town of Newport, in the room of Jona- 
than Nichols, Esq., deceased. 

William Anthony, Esq., is chosen one of the committee for 



392 RECORDS OP THE COLONY OF RHODE ISLAND [1727. 

leasing out of the ferries, in the room of Jonathan Nichols, Esq.. 
deceased. 

Capt. Benjamin Ellery, chosen speaker of the house of depu- 
ties, in the room of Major Thomas Frye. 

Ordered, that His Royal Highness, the Prince of Wales, be 
proclaimed on the 24th instant, the only rightful and lawful 
King of Great Britain, France, and Ireland, and the territories 
thereto belonging, with the companies of the town of Newport, 
under arms. 

Ten pounds are allowed out of the general treasury to. the 
town of Providence, to be dispended at the proclamation 
of His present Royal Majesty, King George the Second. 

Whereas, since the demise of our late sovereign lord, King- 
George the First, and before the knowledge thereof, amongst 
us, one General Assembly of this colony has sat, and enacted 
divers laws, both public and private, in His said late Majesty's 
name, and many writs of mesne process, executions, entries, 
&c, declarations, pleas, &c, have been issued forth in His 
said late Majesty's name ; — 

Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that 
all acts and orders of the aforesaid General Assembly, and 
all writs of mesne process, executions, entries, declarations, 
pleas, &c, shall be as good, valid, binding, and effectual to all in- 
tents and purposes whatsoever, as though the aforesaid acts 
and orders of Assembly, and writs of mesne process, execu- 
tions, entries, declarations, pleas, &c, had issued out and gone 
forth, been signed and dated in the first year of the reign of 
His present Majesty, King George the Second; any thing, 
matter, or usage, to the contrary hereof, notwithstanding. 

Voted, that an address be sent to His Majesty, King George 
the Second, and be drawn by the sheriff, attorney general, and 
recorder, and signed by His Honor, the Governor, in the name 
and behalf of the General Assembly. 

Voted, that all business that lies before this Assembly, re- 
ferred from the last session to this Assembly, be referred to 
the October Assembly next. 



1727.] AND PROVIDENCE PLANTATIONS. 393 

It is declared by this Assembly, that the books set forth by 
Edward Hardman, contains vile and mutinous expressions ; — 

Therefore, it is ordered by this Assembly, that the books of 
the said Edw. Hardman, be burnt before the colony house, by the 
town sergeant ; and that said Edward Hardman make acknowl- 
edgement under his hand, of his fault of publishing them, to 
the Governor and assistants of Newport, at such time as they 
shall order ; and to pay the charges that hath, or shall accrue 
thereon; and to stand committed till "this sentence be per- 
formed. 

God save King George the Second. 

Letter from Governor Jenckes to King George the Second. 

To the King's Most Excellent Majesty : We, Your Majesty's dutiful and loyal 
subjects, the Governor and Company of Your Majesty's English colony of Rhode 
Island and Providence Plantations, in New England, in America, with thankful 
hearts acknowledge Your Majesty's favor, in continuing unto us the quiet enjoy- 
ment of our ancient charter privileges, great in their nature, but far greater by 
being suited to the circumstances of this, Your Majesty's colony ; or rather, in 
that we, Your Majesty's subjects, have had ©ur birth, growth, and improvements 
under the same. 

In the enjoyment of these, our privileges, we conceive it but a just acknowledg- 
ment of our duty, and a due tribute to our gracious sovereign, to expend some 
part of our small acquisitions of fortune in these remote parts of Your Majesty's do- 
minions, in fortifying the frontier parts thereof, and putting the same in such a state 
and condition, as not to fear any attack from the enemies of Your Majesty's peace. 

These, we were moved to undertake and carry on, not purely for our own safety 
and preservation, but rather by the principles of gratitude, raised by the privileges 
we enjoy ; and above all, by a fixed and steady resolution of doing every thing 
that Providence had put in our power to do, for the maintaining and preserving 
that part of the territories and dominions of our most good and beneficent sove- 
reign, committed to our care. 

What we, Your Majesty's subjects apprehended to be most for the safety and pre- 
servation of Your Majesty's said colony, and dominions adjacent, was the fortifying 
of Newport, the chief town in said colony, and the most frontier upon all the coast 
of New England, where we, Your Majesty's subjects have built a regular and beau- 
tiful fortification of stone, with a battery subjoined, where may be conveniently 
mounted sixty cannon. And we being well assured of Your Majesty's good disposition 
towards all your subjects, are therefore emboldened to entreat Your Majesty graciously 
to consider these parts of Your Majesty's dominions by us inhabited, detached from 
the rest, and thereby laboring under many difficulties; and that our aforesaid 
work may be rendered useful to Your Majesty, and thereby have its designed ef- 
fect, bestowed upon said fortification for the use of Your Majesty therein, a number 
of cannon, as may be consistent with Your Majesty's royal pleasure. 
VOL. IV. 50 



394 RECORDS OF THE COLONY OF RHODE ISLAND [1727. 

May this instance of our duty and loyalty find acceptance, and may we take leave 
to assure Your Majesty that the prospect of happiness displayed by the hand of 
Providence, in Your Majesty's glorious reign, is matter of unutterable joy ; and 
that there is nothing on earth that we pray for, with more constancy and sincerity, 
than lhat Your Majesty, who has been the means (by the favor of God) of preserv- 
ing and distributing the blessings of peace to all your subjects (notwithstanding the 
mighty efforts of your enemies to disturb the same), may, after a long continuance 
in the full fruition of all earthly blessings, be translated into heaven, and made a 
happy sharer of the inestimable blessings of the Prince of Peace, the sure reward of 
virtue ; and that the happiness of Great Britain may be made lasting, and continue 
to future generations, by the succession of Your Majesty's royal heirs, till time shall 
.* 

Signed in the name and behalf of the General Assembly of said colony. 

J. JENCKES, Gover. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the last 
Wednesday of October, 1727. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

ASSISTANTS. 

Col. William Wanton, Mr. William Anthony, 

Lieut. Col. Wm. Coddington, Capt. John Waterman, 

Col. Nicholas Power, Mr. John Wickes, 

Capt. Richard Waterman, Mr. Francis Willett, 

Mr. George Cornell, Mr. Rouse Helme. 

DEPUTIES. 

For Newport. Major John Coddington, 

Mr. George Goulding, Capt. William Peckham, 

Capt. Benjamin Ellery, Mr. Thomas Coggeshall. 
Mr. Joseph Whipple, 



* J. Carter Brown's Manuscripts, Vol. II., No. 95. 



1727.] 



AND PROVIDENCE PLANTATIONS. 



395 



For Providence. 
Col. Joseph Whipple, 
Mr. Philip Tillinghast, 
Capt. William Potter, 
Capt. Stephen Dexter. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Capt. William Hall, 
Mr. Joseph Brownell. 

For Warivick. 
Major Job Greene, 
Capt. Benj. Greene, 
Capt. John Rice, 
Capt. John Greene. 



DEPUTIES. 

For Westerly. 
Major Joseph Stanton, 
Capt. John Hill. 

For North Kingstoivn. 
Mr. Thomas Phillips, 
Mr. Jeremiah Gould. 

For South Kingstoivn. 
Mr. Robert Hannah, 
Mr. William Mumford. 

For East Greemvich. 
Mr. John Spencer, Jr., 
Mr. Thomas Brayton. 
For Jamestown. 
Capt. Nicholas Carr, 
Mr. Samuel Clarke. 



Major Job Greene, speaker. 
Major John Coddington, clerk. 



Whereas, there is an act of the General Assembly, of this 
colony, made in the year 1701, requiring all marriages, 
births and burials to be recorded in manner as is therein ex- 
pressed, and upon the pain and penalties therein contained, 
which has proved ineffectual hitherto, to compel persons to reg- 
ister their marriages, and the births and deaths of their chil- 
dren or near relations, by reason the town treasurer, who is 
not the recorder of such marriages, births and burials, was em- 
powered to sue for the same ; — 

For remedying whereof, for the future, be it enacted by the 
General Assembly of this colony, and by the authority of the 
same it is enacted, that the town clerk of each respective town 
in this colony, be, and is hereby authorised and empowered to 
sue and recover of all and every person or persons that shall 
refuse or neglect to register his or their marriage or marriages, 
or the birth, or death of his or their children, as by the afore- 



396 RECORDS OF THE COLONY OF RHODE ISLAND [1727. 

said act is enjoined (and on the same penalties), the one moiety 
to be to, and for the town clerk, if he sue for the same ; and 
the other moiety to and for the use of the town, to be recover- 
ed before any justice of the peace, warden, &c. 

An Act for increasing a trooper's fine from five shillings for a 
day's non-appearance, to ten shillings. [See public laws, 
1730, p. 147.] 

An Act in addition to an act made in the sixteenth year of the 
reign of King Charles the Second, entitled a An act for the 
preventing illegal and clandestine purchases of the native 
Indians, in this colony." [See public laws, 1730, p. 148.] 

This Assembly receiving orders from Great Britain, for to 
proclaim Prince George, Prince of Wales, the only and rightful 
sovereign and liege lord, and King of Great Britain, France 
and Ireland, and the dominions thereto belonging, and supreme 
lord of this His Majesty's colony of Rhode Island, and all other 
his dominions in America ; — 

It is therefore ordered, that the said Prince of Wales be pro- 
claimed King of Great Britain, &c, by the name of George the 
Second, by the grace of God, King of Great Britain, France, and 
Ireland, and the territories and dominions thereto belonging ; 
as also supreme lord of this colony, and all other His Majes- 
ty's territories and dominions in America ; and also a procla- 
mation for continuing all officers in post for six months after 
the demise of His late Majesty ; and the same was accordingly 
done, in the presence of the General Assembly, with a great 
number of the principal planters in this colony, with the 
usual solemnity and loud acclamations of joy. 

This Assembly being informed that some persons have 
spread a report, tending to the prejudice of the present consti- 
tution of this government, viz. : that the General Assembly of 
this government is against the settling of a church by any per- 
sons, whatsoever, in the township of Westerly, which is false 
and groundless ; — 



1727.] AND PROVIDENCE PLANTATIONS. 397 

It is enacted and declared by the General Assembly of this 
colony, that ten or twenty acres of land be laid out in the town 
of Westerly, out of the land of Ninegret (he desiring the 
same) for the erecting thereon a house for worship, according 
to the form of the church of England, or for erecting of a 
meeting house thereon (he desiring it), for the use of any other 
society or societies ; and the trustees that are, or shall be ap- 
pointed to manage Ninegret's affairs by the government, to lay 
it out where they shall think it most convenient for a church 
or meeting house, upon said Ninegret's request. 

Ordered, that the book brought by Mr. John Fones to this 
Assembly, be lodged in His Honor, the Governor's hands, till 
the next session of this Assembly ; and that the recorder give 
Mr. Fones a discharge for said book. 

It is voted and enacted by this Assembly, that Thomas 
Frye and William Wanton, Esqs., and Major Joseph Stanton, 
be, and they are hereby still continued trustees to Charles Au- 
gustus Ninegret, as they formerly were, to his father, who ac- 
cepted thereof. 

Voted, that the charges of proclaiming of our sovereign lord, 
King George the Second, at Warwick, amounting to £9 Ss. 
id., be paid out of the General Treasury. 

Ordered, that the recorder, write to the Governor of Connec- 
ticut, to know if they have any account from Great Britain, of 
settling the boundaries between us ; and to desire them to 
take care and prevent their people from coming over the line 
between us, to commit waste in this colony, till they receive an 
account from Great Britain, of the settlement between the two 
colonies. 

Voted, that Ninegret's trustees render an account to the As- 
sembly at their next session, of the disposition of the monies 
received by them. 

It is ordered by this Assembly, that all the commissioned of- 
ficers in this colony, civil and military, be commissionated anew 
by His Honor, in the name of His Majesty, King George the 
Second, pursuant to an act of Parliament made in the sixth 
year of the reign of the late Queen Ann ; and that they take 



398 RECORDS OF THE COLONY OF RHODE ISLAND [1728. 

the oaths as is therein directed ; and the recorder is hereby or- 
dered to transmit a copy of the oath to each town in the colo- 
ny, for the better effecting the same. 
God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the last Tues- 
day of February, 1727-28. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

ASSISTANTS. 

Col William Wanton, Mr. Win. Anthony, 

Lieut. Col. Wm. Codclington, Mr. John Wickes, 

Col. Nicholas Power, Mr. Francis Willett, 

Capt. Richard Waterman, Mr. Rouse Ilelme. 
Mr. Geo. Cornell, 

Major Job Greene, speaker. 
Major John Coddington, clerk. 

Thomas Hicks, Josias Lyndon, Daniel Goddard, Job Caswell, 
Samuel Maxwell, Benjamin Belcher, Jos. Slocuin, Peter Ay- 
ault, Augustus Lucas, Jr., Jonathan Tillinghast, John Chip- 
nan, Jonathan Chace, Thomas Staples, Joseph Peckham, Peter 
Phillips, George Gardner, Daniel Vaughan, son of Jno., James 
Blackstock, George Tue, Col. William Whiting, Joseph Cogges- 
hall, Samuel Rodman, Samuel Bowen, Joseph Rogers, Robert 
Shearman, William Read, James Burges, Isaac Anthony, Ben- 
jamin Borden and Robert Winpenny, all of Newport, are ad- 
mitted free of this colony. 



1728.] AND PROVIDENCE PLANTATIONS. 399 

Joseph Hoxsie, Peter Halls, Judah Worden, James Halls, 
commonly called Whitehalls, George Babcock, Jr., ^George 
Brown, Jr., George Reynolds, Joseph Lawton, John Hoxsie, Jo- 
seph Champlin, Syrus Richmond, John Wilcox, Robert Bur- 
dick, Jr., Roger Elderton, Peter Burdick, Peter Kinyon, Jeof- 
frey Champlin, John Barker, William Lewis and Joseph Enos, 
all of Westerly, are admitted freemen of this colony. 

John Case, son of Robert, Thomas Potter, son of Ichabod, 
and James Wells, of South Kingstown, are admitted freemen of 
this colony. 

Whereas, John Fones, of North Kingstown, by petition to 
this Assembly, has set forth that the northern bounds of Petta- 
quamscutt Purchase, is not rightly run and settled by a jury 
that was empowered by the town council of North Kingstown, 
for to lay out a highway along said line, whereby great conten- 
tion is, and more is likely to happen, to the inhabitants on both 
sides of said line, if not by this court timely prevented, and 
pray that a committee and surveyor, at his charge, may be 
appointed to run the same ; — 

Upon consideration thereof, it is ordered by the Assembly, 
that Capt. John Hill, of Westerly, Capt. Nicholas Carr, of 
Jamestown, and Mr. William Brown, of South Kingstown, be, 
and they are hereby ordered and empowered, at the charge of 
said John Fones, to take Mr. Samuel Easton, surveyor, with 
them, and to run the north line of Pettaquamscutt Purchase, 
and to make their report of their doings therein, to the next 
General Assembly. 

An Act for the encouragement of the raising as well as manu- 
facturing of hemp in this colony. [See public laws, 1730, 
p. 149.] 

Forasmuch as this government have notified the Governor and 
government of Connecticut of the order and determination of 
His Majesty in council, in settling and ascertaining the bounds 
and limits of each government, as deciphered in a plat annexed, 
of His Majesty's decree and determination thereof; and the 



400 KECORDS OF THE COLONY OF RHODE ISLAND [1728. 

government of Connecticut taking no care for the settlement 
of the same ; — 

Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that 
William Wanton, Francis Willett, John Waterman, Daniel Up- 
dike, William Jenckes, and Benjamin Ellery, Esq., or any four 
of them, be, and they hereby are appointed a committee, with 
full power and authority, to run the aforesaid line between 
the two colonies, with such commissioners as are, or shall be 
appointed on the behalf of Connecticut, to run the same 
with them ; and in said line to erect and make boundaries and 
monuments for the more plain and easy ascertaining and per- 
petuating thereof. 

And it is also further enacted, that if no commissioners 
shall appear on the part of Connecticut, to join with them in 
the performing the same, or if the commissioners of Connecti- 
cut shall refuse to join with them, that then they proceed on 
and finish the said work without them ; and to begin said 
work on the 15th day of April next. 

Ordered, that Mr. John Mumford and Mr. William Greene, 
be surveyors to run the aforesaid line between the two 
colonies. 

Voted and declared by this Assembly, that Mr. Samuel 
Clarke, of Conanicut, provide and keep one other good ferry 
boat, and ferryman more than he now hath, to ply and tend 
the ferry from Jamestown to Newport, to answer the Point 
boat, during his lease ; and to be ready in four months' time. 

And that the said ferryman and boat, be under the same reg- 
ulation as the other ferrymen and boats are ; and if said boat 
comes into the old ferry place of the town, she shall be obliged 
to call at the Point, to take in passengers, if the Point boat is 
out of the way. 

Ordered, that the attorney general make an amendment on 
the act for calling special courts, and present it to the next 
Assembly. 

Ordered, that His Honor, the Governor, with such of the 
council as shall be present at Governor Burnet's arrival here, 



1728.] AND PROVIDENCE PLANTATIONS. 401 

entertain him in such manner as they shall think fit, at the 
colony's charge. 

Voted, that £40,000 in bills of credit be impressed, and 
emitted by this government. 

Voted, that the first £40,000 in bills of credit, emitted by 
this colony, in the year 1715, be called in and sunk in such 
method and manner as the General Assembly shall think 
proper. 

And that Capt. Joseph Whipple, Capt. Benjamin Ellery, 
Major John Coddington, Mr. Daniel Updike and Capt. Henry 
Bull, be a committee to draw up a scheme for doing the same, 
and present it to the next Assembly. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Ncivport, the last day of 
April, 1728. 

The Hon. Joseph Jenckes, Governor. 
The Hon. Thomas Frye, Deputy Governor. 

ASSISTANTS. 

Col. Wm. Wanton, Mr. William Anthony, 

Lieut. Col. Wm. Coddington, Capt. John Waterman, 

Col. Nicholas Power, Mr. John Wickes, 

Mr. George Cornell, Mr. Francis Willett. 

DEPUTIES. 

For Newport. Mr. Gideon Wanton, 

Mr. George Goulding, Capt. James Clarke, 

Capt. Henry Bull, Mr. Thomas Coggeshall. 

Mr. Joseph Whipple, 
VL. iv. 51 



402 



RECORDS OF THE COLONY OF RHODE ISLAND [1728. 



For Providence. 
Mr. Thos. Olney. 

For Portsmouth. 
Mr. Thomas Cornell, 
Capt. George Lawton, 
Mr. Gideon Freeborne, 
Mr. Thos. Hicks. 

For Warwick. 
Major Anthony Low, 
Capt. Thomas Stafford, 
Capt. William Arnold, 
Mr. Stukely Stafford. 



DEPUTIES. 

For North Kim 
Mr. Jeremiah Gould. 
Mr. Thomas Phillips. 

For South Kingstown. 
Mr. Wm. Robinson, 
Mr. William Mumford. 
For East Greemvich. 
Mr. Peleg Spencer. 
Capt. Ishmael Spinke. 

For Jamestoivn. 
Capt, Nicholas Carr, 
Mr. Samuel Clarke. 



Capt. Henry Bull, speaker. 
Mr. Thomas Phillips, clerk. 



John Cupit, Joram Place, Benjamin Wiatt, John Freebocly, 
Thomas Brown, William Peckham, son of William Peckham, 
Jr., John Godfrey, Samuel Beebee, Peter Bourse, Jonathan 
Barney, Thomas Salter, Nathaniel Potter, Stephen Brayton, 
Eleazer Arnold, Timothy Peckham, Jr., Timothy Whiting, Jo- 
seph Wanton, James Clarke, son of Henry, George Thomas, 
John Hedges, Caleb Carr, Richard Jerson, John Forrister, 
Henry Hedley, George Hall and Samuel Deucesne, all of New 
port, are admitted freemen of this colony. 

Nathaniel Sheldon, Amaziah Harris, Uriah Harris, Brad- 
berry Snow, James Field, George Brown, Fisher Potter, 
Chad Brown, Stephen Angel, Joseph Coman, Henry Wight- 
man and Jonathan Jenckes, all of Providence, are admitted 
freemen of this colony. 

William Wall, Joseph Chace, Peter Lavilee, Josiah Arnold, 
son of William Arnold, Thomas Casey, son of Adam Casey, 
Benjamin Earle and Malachi Rhodes, all of Warwick, are ad- 
mitted freemen of this colony. 



1728.] AND PROVIDENCE PLANTATIONS. 403 

David Dodge and Jonathan Mitchell, both of New Shore- 
ham, are admitted freemen of this colony. 

Daniel Coggeshall, William Sweet, Enoch Place and George 
Fowler, all of North Kingstown, are admitted freemen of this 
colony. 

Samuel Haszard, Jonathan Haszard and Joseph Case, the 
third, of South Kingstown, are admitted freemen of this 
colony. 

Henry Mattison, Jr., Philip Pearce, Abner Spencer, son of 
Michael, Joseph Bealey, Joseph Hopkins, Jr., Joseph Gardner, 
John Coggeshall, John Spencer, son of William, John Weaver, 
Jonathan Remington, Robert Whitford, Jedidiah Jenkins, John 
Drake, Nathan Rice and Manson Kettle, all of East Greenwich, 
are admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1728. 

The Hon. Joseph Jenckes, Governor. 
The Hon. Thomas Frye, Deputy Governor. 

Capt. Henry Bull, speaker. 
Mr. Josias Lyndon, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

ASSISTANTS. 

Col. William Wanton, Capt. Richard Waterman, 

Lieut. Col. Wm. Coddington, Mr. George Cornell, 
Col. Nicholas Power, Mr. Wm. Anthony. 



404 RECORDS OF THE COLONY OF RHODE ISLAND [1728. 



ASSISTANTS. 

Capt. John Waterman, Mr. Francis Willett, 

Mr. John Wickes, Mr. Rouse Helme. 

RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr. Jahleel Brenton. Mr. Daniel Updike. 

Ordered, that the sum of £40 he allowed out of the general 
treasury, to the town of Providence, towards the reparation 
lately by said town, made to Weybosset bridge ; and the said 
sum to be paid by the general treasurer to said town, or their 
order. 

It is ordered, that Col. Joseph Jenckes, Esq., our present Gov- 
ernor, be paid out of the general treasury of this colony, the 
sum of £200, for his last year's service ; all salary or salaries 
allowed by any act of Assembly of this colony, to be included 
therein. 

Ordered, that the copper plates (for the impressing the 
money), belonging to the colony, be, from time to time, lodged 
in the hands of the Governor of this colony, there to remain 
until the person appointed to make the money, shall call for 
the same ; and when such money shall at any time be finished, 
then the plate to be returned to the Governor again. 

Whereas, there was a committee appointed to inquire into 
the price of a piece of land added to the prison yard, who have 
reported said land to be fourteen feet wide east and west, and 
the length of the aforesaid yard, and of the value of £20 ; — 

Therefore, it is ordered, that the general treasurer pay to the 
town of Newport the aforesaid sum of £20, the price of said 
land, made use of, as aforesaid. 

Voted, that an act be made at the next session of this As- 
sembly, for printing the laws of the colony, which are not yet 
in print. 

Ordered, that the accepting or disallowing of the return of 



1728.] AND PROVIDENCE PLANTATIONS. 405 

the committee appointed for the settling the nortli-west line of 
the Pettaquamscutt Purchase, be referred to the next session 
of this Assembly; and that John Fones notify the adverse 
parties. 

An Act for impressing and emitting £40,000, in bills of credit of 
this colony, by way of loan. [See public laws, 1730, p. 152.] 

An Act appointing commissioners to run the line between this 
colony and Connecticut, pursuant to the order and determi- 
nation of His Majesty, in council. 

Forasmuch, as this government have notified the Governor 
and government of Connecticut of the order and determination 
of His Majesty, settling and ascertaining the bounds and limits 
of each government, as deciphered in a plat annexed to his de- 
cree and determination thereof, and the government of Connec- 
ticut taking no care for the settling of the same ; — 

Be it therefore enacted by the General Assembly of this col- 
ony, and by the authority of the same it is enacted, that Wm. 
Wanton, Francis Willett, John Waterman, William Jenckes 
and Benjamin Ellery, Esqs., or any three of them, be, and they 
are hereby appointed a committee, with full power and authori- 
ty to run and settle the aforesaid line between the two colonies, 
with such commissioners as are, or shall be appointed on the 
behalf of Connecticut, to run the same with them ; and in said 
line to erect and make boundaries and monuments for the more 
plain and easy ascertaining and perpetuating thereof. 

And it is also further enacted by the authority aforesaid, 
that if no commissioners shall appear on the part of Connecti- 
cut, to join with them in performing the same, or if the com- 
missioners of Connecticut shall refuse to join with them, that 
they proceed on and finish the said work without them ; and 
to be at the south-west corner of Warwick, on the 21st day 
of this instant May, at 11 o'clock in the morning, to begin 
said work. 

Ordered, that Mr. John Mumford and Mr. William Greene, 
be surveyors, to run the aforesaid line between the two 



406 RECORDS OF THE COLONY OF RHODE ISLAND [1728. 

colonies ; an*d the committee to take such assistance as is 
needful. 



An Act for recording fines and common recoveries. [See pub- 
lic laws, 1731, p. 156.] 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the third Tues- 
day of June, 1728. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

ASSISTANTS. 

Col. William Wanton, Mr. William Anthony, 

Lieut. Col. Wm. Coddington, Capt. John Waterman, 

Capt. Richard Waterman, Mr. John Wickes, 

Mr. George Cornell, Mr. Francis Willett. 

Capt. Henry Bull, speaker. 
Mr. Josias Lyndon, clerk. 

The acts of Assembly made in June, Anno Domini, 1725, and 
in October, A. D. 1725, directing that the plaintiff and defend- 
ant should annex their accounts in all actions of the case for 
money due by book, to their writs or declarations and their 
pleas, in order to an adjustment being found prejudicial ; — 

Be it therefore enacted by the General Assembly and by the 
authority of the same, that the said acts and every clause 
thereof, be, and they are hereby repealed and made null and 
void for the future. 

An Act for the preservation of deer in the colony. [See pub- 
lic laws, 1730, p. 158. 



1728.] AND PROVIDENCE PLANTATIONS. 407 

Upon the petition of John Fones, praying this Assembly, at 
their session in February last, to appoint a committee to run 
the north-west line of the Pettaquamscutt Purchase, the same 
was granted ; and upon hearing the report of the committee^ 
and examining the plat returned, and hearing the parties 
therein concerned, — 

It is voted and declared by this Assembly, that the straight 
line from the rock to the horn-heap, be the established line ; 
and it is accordingly affirmed by this Assembly. 

It is further voted and declared by this Assembly, that the 
line being settled, as aforesaid, shall in no wise hinder or bar 
any person of the benefit of the law, or move their ancient 
possessions. 

Voted and enacted by this Assembly, that the general 
treasurer order seats and conveniences to be made in the cham- 
ber of the colony house, for the accommodation of the deputies, 
where they commonly sit ; and to be assisted by Capt. Henry 
Bull, in directing the manner thereof; and the same to be 
done as soon as convenient. 

Whereas, William Borden, by petition, set forth to this As- 
sembly, that the carrying on of the duck trade is very charge- 
able, and he very unable to carry on the same, unless he have 
some help from this colony, and praying that they would con. 
sider his circumstances, and grant him some assistance in the 
premises, that the trade may not be lost ; all which, being duly 
considered ; — 

It is therefore enacted by the General Assembly of this col 
ony, that the sum of £3,000, in bills of credit, be impressed 
and signed by the trustees of the colony, and of the same ten- 
ure of those already made ; and that the trustees of said colony 
let the same out to the said William Borden ; he giving good 
and sufficient security, such as the said trustees shall accept of 
without interest ; and to refund and pay the same at the end 
and expiration of ten years after the time of his taking the 
same out ; the said William Borden to be at the charge of im- 
pressing and making the same. 

And it is further ordered, that the said Win. Borden make, or 



408 RECORDS OF THE COLONY OF RHODE ISLAND [1728. 

cause to be made, the qanntity of one hundred and fifty bolts 
of good merchantable duck yearly, and every year, during the 
aforesaid term of ten years, to the satisfaction of such commit- 
tee as shall be appointed to view the same ; and that in case he 
fails of carrying on the said trade, or the completing one hun- 
dred and fifty bolts annually, as aforesaid, that then he shall 
re-irnburse and pay to the said colony the aforesaid sum of 
£3,000 ; any thing in the aforesaid act to the contrary not- 
withstanding. 

Voted and ordered, that the laws of this colony, now in force, 
be put in print ; and that Mr. Richard Ward, Col. Daniel Up- 
dike, Capt. Henry Bull and Mr. Nathaniel Newdigate be ap- 
pointed a committee to revise the said laws, in order to be 
printed ; and also be empowered to agree with the printer up- 
on the best terms they can, to perforin and do the same. 

Voted and ordered, that the committee of the town of New- 
port, appointed for signing and letting out the £40,000 last 
made, be allowed fifteen shillings in every £100, for signing, 
numbering and letting out said money ; and that the several 
trustees for the other towns of this colony, be allowed five shil- 
lings for every £100 by them let out. 

An Act for restraining of excessive usury. [Repealed.] 

Capt. Daniel Abbott, chosen cursitor. 
Major John Coddington, chosen prothonotary. 
Mr. Joseph Borden, receiver of the King's silver. 
Col. William Coddington, master of the alienation office. 
Jahleel Brenton, Jr., custos brevium. 

Ordered, that a present of £20, be made to James Cranston? 
out of the general treasury. 

An Act for preventing pedlars from selling of goods in this 
colony. [Public laws, 1730, p. 159.] 

The account of charges of the committee appointed to run 
the line between this colony and Connecticut, amounting to 



1728.] AND PROVIDENCE PLANTATIONS. 409 

£QQ 13s. 8c?., is accepted and allowed of by this Assembly, 
and ordered that they be paid the same out of the general treas- 
ury of this colony. 

Whereas, several persons in this colony, have complied 
with the act of the General Assembly, made in Decem- 
ber, 1724, for paying in one-fifth part of the bills of credit, by 
them taken of the bank, in the year 1715, in order to let out 
to others ; and the Assembly, at their session in May last, 
repealed said act, and otherwise ordered the payment of said 
bills ;— 

It is therefore ordered by this Assembly, that the several 
persons that paid in one-fifth part of said bills, be paid the 
same back again, by the grand committee, with the interest 
thereon, at five per cent, to be paid and sunk, agreeably to the 
late act ; and that then the said persons shall give in one bond 
to pay for the interest of the whole sum, when the year is ex- 
pired, pursuant to the act of this Assembly, regulating the same. 

Upon the petition of sundry of the inhabitants of the western 
part of the township of Warwick, setting forth the difficulty of 
their going some ten, and some twelve miles, to training, and 
praying that a third company may be set off in said town- 
ship ;— 

It is ordered and enacted, that a third company or trained 
band, be set off in the westernmost part of the township of 
Warwick, by the field officers of the regiment of militia on the 
main land, and make return thereof, to the next session of the 
Assembly. 

An Act for regulating the payment in of the £40,000, emitted 
in the year 1721 ; and also for regulating the payment in 
of the £40,000 emitted in May last. [See public laws, 
p. 160.] 

Voted and enacted by this Assembly, that John Wickes, 
Esq., Capt. Joseph Whipple and Capt. Nicholas Carr be, and 
they are hereby appointed a committee to search and inspect 
into the records lately kept by John Fones, and to make rc- 

vol. iv. 52 



410 RECORDS OF THE COLONY OF RHODE ISLAND [1728. 

turn to the next session of the Assembly of such records, as 
shall be good and valid. 

Voted and ordered, that Thomas Clemons have two pence 
per pound, out of the general treasury, for the bounty of one 
hundred and twenty and one pounds of hemp by him raised 
and manufactured in this colony, according to the former 
act. 

Voted, that £100 be remitted to our agent in Great Britain, 
and that the general treasurer, with Mr. George Goulding and 
Capt. Joseph Whipple, be a committee appointed to procure 
the same, by bills of exchange, silver, or otherwise, as they 
shall think most advantageous to this government. ^ 

Voted and enacted by this Assembly, that the clerk of the 
house of deputies, for the time being, be allowed ten shillings 
per diem, for his attendance on the General Assembly. 

Voted and ordered, that Samuel Clarke, of Jamestown, be 
allowed and paid out of the general treasury, two pence per 
pound for twelve hundred and seven pounds of hemp, by him 
raised and water-rotted ; he giving in his engagement to the 
general treasurer that said hemp was raised in this colony, and 
water-rotted. 

Whereas, it is found ill convenient for all those persons that 
raise hemp in this colony, to come to Newport, to give their 
engagement on the same ;— 

It is therefore enacted by this Assembly, that all persons 
raising hemp in this government (except in the town of New- 
port), giving their engagement before an assistant or justice of 
the peace of the town wherein they dwell, that the same was 
sown, raised and manufactured by them in this government, and 
allowed of by the hemp viewers of their respective towns, shall 
be accepted by the general treasurer, and shall entitle them to 
receive their premium out of the general treasury, as though 
they had given their engagement before the general treasurer. 

Voted, that all persons petitioning this Assembly, shall pay 
ten shillings for each petition preferred, before the same be 
heard ; the one half thereof to be applied to, and for the use 



1728.] AND PROVIDENCE PLANTATIONS. 411 

of the house of magistrates, and the other half to, and_for the 
use of the house of deputies. 

It is enacted by the General Assembly of this colony, and 
by the authority thereof, that the sum of £3,000 in bills of 
credit, be impressed, and by the trustees of the colony made 
and signed ; and when by them finished, to be delivered to the 
general treasurer of this colony; £2,017 to supply those bills 
that he used for the exchanging of the old torn, ragged bills ; 
and the remainder to be applied for the exchanging of ragged 
bills of credit of this colony. 

Voted and enacted by this Assembly, that for the carrying- 
on of the fort, there be the sum of £2,000 in bills of credit im- 
pressed and signed by the trustees of this colony ; and the 
same be paid again out of the interest money, as it shaircome 
in hereafter. 

Voted, that His Honor, the Governor, William Wanton, Esq., 
and Capt. Henry Bull, be a committee to write to the govern- 
ment of Connecticut, upon what measures this government 
will appoint commissioners to run over again and settle the 
line between the two colonies. 

Whereas, since the running the division line between this 
colony and the colony of Connecticut, said colony hath sent 
sundry reasons and inducements for the running said line 
again, which although not altogether sufficient, yet this colony 
having always acted upon the principles of honor and justice, 
and being willing to cultivate friendship, rather than create 
controversy ; — 

Be it therefore enacted by the General Assembly, and by the 
authority of the same it is enacted, that if Connecticut colony shall 
come into such reasonable measures as the committee appointed 
to write to them shall propose, or concede to, in respect to the 
farther ascertaining said boundary line, then the third Tuesday 
of September next is the day appointed by this Assembly for 
the meeting the commissioners for Connecticut at Warwick; 
and the former committee for this colony, viz. : 

William Wanton, Francis Willctt, John Waterman, William 



412 RECORDS OF THE COLONY OF RHODE ISLAND [1128. 

Jenckes and Benjamin Ellery, Esq., or any three of them, are 
hereby still continued, and ordered to meet them at said time 
and place, in order to do such further and other thing or things 
that the nature of the affair requires ; and such further act by 
them done, shall be good and valid, and be by this government 
abided by. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1728. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

With the assistants and deputies. 

Major Job Greene chosen assistant in the room of Capt. John 
Waterman, deceased, and engaged. 

Jahleel Brenton, of Newport, in the colony aforesaid, Esq., 
appellant from a judgment of a General Court of Trials, held at 
Newport, within and for said colony, on the first Tuesday of 
September last past, in an action of the case damage £600, 
John Stanton, of Newport, in the colony, aforesaid, yeoman, 
appellee ; — 

The appellant and appellee being duly heard, and their reasons 
and allegations maturely weighed and considered, the judg- 
ment and decree of this Assembly is, that the aforesaid judg- 
ment of the aforesaid General Court of Trials, given in favor 
of the said John Stanton, against the said Jahleel Brenton, be, 
and it is hereby affirmed ; and that the appellee have his costs 
of suit, £i Is. 2d, 

The appellant prayed an appeal to the King, in council, in 



1728.] AND PROVIDENCE PLANTATIONS. 413 

Great Britain, which was refused by the General Assembly, 
because the matter in suit, was not of the value of £300. 

Ichabod Potter, son of Robert, Benjamin Barber, Jeremiah 
Niles and Joseph Potter, all of South Kingstown, are admitted 
freemen of this colony. 

It appearing to this Assembly, that the bridge over Paw- 
tucket river, between this colony and the Province of the Mas- 
sachusetts Bay, is so decayed and rotten, that it is dangerous 
to pass over it, and that it is impracticable to repair the 
same ; and the said bridge being found by long experience to 
be of great service to both colonies ; and that unless it be 
speedily rebuilt, the inhabitants of both governments will be 
great sufferers ; — 

It is therefore ordered by this Assembly, that half the 
charge of building said bridge be advanced and paid out of 
the general treasury, if the government of the Massachusetts 
will rebuild the other half. 

And Mr. Wm. Jenckes is appointed on the behalf of this 
colony, to join with such committee as shall be appointed on 
the part of the Massachusetts, to rebuild the said bridge ; and 
to provide materials and workmen for the rebuilding the one- 
half thereof. 

Ordered, that the commission of the Connecticut commission- 
ers, and the settling and establishing the line by the said com- 
missioners between the two colonies, be recorded in the public 
records of the colony. 

Forasmuch, as John Menzies, Esq., late judge of the court of 
admiralty, in this colony, is deceased, and by reason of the dis- 
tance between this place and Great Britain, it may be a con- 
siderable time before His Majesty, King George, will fill up 
the said vacancy, which may be very prejudicial to many of 
His Majesty's subjects in this colony ; for preventing whereof, 
and that justice may be done to His Majesty's subjects in this 
colony, till His Majesty shall appoint a judge of the court of 
admiralty herein, — 

Be it enacted by the General Assembly of this colony, and 
by the authority hereof it is hereby enacted and ordered, that 



414 RECORDS OP THE COLONY OF RHODE ISLAND [1728. 

William Whiting of Newport, Esq., be, and he hereby is consti- 
tuted and appointed judge of the court of admiralty, in this 
colony, till His Majesty shall appoint a judge of the court of 
vice admiralty for this colony ; or till this Assembly shall ap- 
point another in his room and stead ; and that His Honor, the 
Governor, commissionate him, accordingly. 

The commissioners' charges that run the line with Connecti- 
cut, amounting to £116 2s. 2d., is allowed of, and ordered to 
be paid out of the general treasury, viz. : 

Capt. Ellery's account, £24 19s. 6d. 

William Green's, do., 16 06 6 

William Jenokes's, do., 11 00 

Col. Wanton's, do., 33 04 

John Mumford's, do., 22 11 2 

Capt. Bull's, do., 5 00 

Mr. Wickes's, do., 3 01 

£116 02 2 

It is voted and ordered by the General Assembly of this 
colony, that all persons inhabiting and residing in the Prov- 
inces of New York, the Massachusetts Bay, New Hampshire 
and in the colony of Connecticut, are not within the benefit of 
the act, entitled " An act for calling of special courts ;" and 
that the judges of such courts govern themselves accordingly ; 
and that the attorney general draw up an act thereon, accord- 
ingly. 

Voted and ordered that Lieut. Col. William Coddington, 
Capt. Henry Bull and Capt. Joseph Whipple, be a committee 
to examine the accounts of the charges of the late expedition 
from Newport ; and what they find reasonable, to be allowed 
to pass to the general treasurer, who is hereby ordered to pay 
the same. 



1729.] AND PROVIDENCE PLANTATIONS. 415 



Proceedings of the General Assembly held for the Colon?/ of 
Rhode Island and Providence Plantations, at Neivport, the 
third Tuesday of February, 1728-9. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 

With the assistants and deputies from the several towns. 

Upon the petition of Capt. Henry Bull, setting forth that the 
town council of South Kingstown have lately ordered a record 
to be made of a highway through his land, in said South 
Kingstown, without giving notice to said petitioner, or his ten- 
ant, that they might contest the force and validity of the 
same, and praying that the said record may be null and 
void, &c. ; — 

Upon consideration whereof, this Assembly do declare, 
the proceedings of the said town council of South Kingstown, 
in said affair, to be illegal ; and that the said record be null, 
void and of none effect. 

An Act relating to freeing mulatto and negro slaves. 

Forasmuch, as great charge, trouble and inconveniencies 
have arisen to the inhabitants of divers towns in this colony, 
by the manumitting and setting free mulatto and negro slaves ; 
for remedying whereof, for the future, — 

Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is enacted, that no mulatto or 
negro slave, shall be hereafter manumitted, discharged or set 
free, or at liberty, until sufficient security be given to the town 
treasurer of the town or place where such person dwells, in a 
valuable sum of not less than £100, to secure and indemnify 
the town or place from all charge for, or about such mulatto or 



416 RECORDS OF THE COLONY OF RHODE ISLAND [1729. 

negro, to be manumitted and set at liberty, in case he or she 
by sickness, lameness or otherwise, be rendered incapable to 
support him or herself. 

And no mulatto or negro hereafter manumitted, shall be 
deemed or accounted free, for whom security shall not be given 
as aforesaid, but shall be the proper charge of their respective 
masters or mistresses, in case they should stand in need of re- 
lief and support ; notwithstanding any manumission or instru- 
ment of freedom to them made and given ; and shall be liable at 
all times to be put forth to service by the justices of the peace, 
or wardens of the town. 

William Dean, Nathaniel French and sundry others, by pe- 
tition, set forth to this Assembly that they formerly supposed 
themselves to be inhabitants of Voluntown, but since the late 
settlement of the line between this colony and Connecticut, it 
appears that they are under the jurisdiction of this govern- 
ment, and therefore pray that the Assembly would take the 
concern of their lands into their own hands, and that they 
may not be concerned with particular persons. 

Upon consideration whereof, this Assembly do appoint Fran- 
cis Willett, Esq., Capt. Henry Bull and William Greene, Esq., 
a committee, and they are hereby fully empowered to inspect 
into the several claims of the original purchase of the several 
towns in this colony to the lands mentioned in the said peti- 
tion ; and that they also procure an exact plat thereof, which they 
shall return to the next session of the Assembly; as also to make 
a report upon the several purchases by them inspected into. 

Voted, that there be £30 allowed out of the general treasu- 
ry, towards re-building Pawtuxet bridge ; and that Capt. Benj. 
Greene and Capt. John Bice draw the same out of the treasury 
when occasion calls for it. 

Voted, that the sum of £6 be allowed and paid out of the gen- 
eral treasury to Jos. Borden, Jos. Whipple and Geo. Goulding, 
for their trouble in procuring silver and gold tos end toour agent. 

Voted, that the sum of £8 os. Id., be allowed and paid out 
of the general treasury to Joseph Whipple, for his trouble in 



1729.] AND PROVIDENCE PLANTATIONS. 417 

carrying down to Boston and shipping off £326 is. Id., in sil- 
ver and gold, to onr agent, Richard Partridge, &c. 

Voted, that the committee, Mr. Nathaniel Newdigate, Mr. 
Richard Ward, Capt. Henry Bull and Col. Daniel Updike, who 
were appointed to revise the laws, be allowed £15 each, to be 
paid out of the general treasury ; they completing the work in 
order for the press, and attending on the printer as often as oc- 
casion requires ; and that the scrivenor, Josias Lyndon, who 
was by them employed, be allowed £10, to be paid out of the 
general treasury likewise. 

Voted and enacted by this Assembly, that the several laws 
revised, repealed, explained, and acts presented to the Assem- 
bly by the committee appointed for that purpose, in order to 
be put in print, be allowed and approved of. 

Whereas, by an act of Assembly, made and passed in May, 
1728, each person that took of the colony bills of credit emit- 
ted in the year 1715, should give ten distinct bonds to the 
grand committee, each bond to contain a tenth part of the sum 
in their respective mortgages, to be paid, as in and by said act is 
expressed, with one year's interest of the same ; and there be- 
ing no provision made in said act that, upon any person's re- 
fusing to give bond, as aforesaid, how they should be compelled 
to comply with the same ; and it appearing that several per- 
sons who had of said bills, neglect to comply with the said 
act; — 

It is therefore enacted by this Assembly, that the grand 
committee be, and they are hereby fully authorized and em- 
powered to sue all the mortgages at the next General Court of 
Trials, given by all such persons who neglect to comply 
with the aforesaid act, in giving bond, as aforesaid, by the 12th 
day of March next ensuing. 

An Act made for repealing an act, made and passed in this 
colony in the fourth and fifth years of the reign of King 
George the First, A. D. 1718, entitled "An act for distribu- 
bution and setling intestate estates." [Public laws, 1730, 
p. 162.] 
vol. iv. 53 



418 RECORDS OP THE COLONY OF RHODE ISLAND [1729. 

Ordered by this Assembly, that the boundary line between 
this colony and Connecticut, be renewed once in three or four 
years, with such commissioners as they shall appoint ; and if 
they appoint none, to renew the bounds without them. 

An Act for the amendment of, and in addition to several laws 
made and passed in this colony, as is hereinafter expressed. 
[Public laws, 1730, p. 164.] 

An Act for punishing criminal offences. [Public laws, 1730 7 
p. 169.] 

An Act directing the proceedings against forceable entry and 
detainer. [Public laws, 1730, p. 176.] 

An Act for establishing weights and measures throughout this 
colony. [Public laws, 1730, p. 177.] 

An Act for the relief of poor prisoners that are not able to find 
bail upon mesne process. [Public laws, 1730, p. 178.] 

An Act enabling the town council of each town to grant li- 
censes for the retailing strong liquor, and to prevent the 
selling of such liquor by retail, without license first obtained. 
[Public laws, 1730, p. 179.] 

An Act directing how water fences shall be made and main- 
tained. [Public laws, 1730, p. 180.] 

God save the King. 



1729.] 



AND PROVIDENCE PLANTATIONS. 



419 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the Qtk 
day of May, 1729. 

The Hon. Joseph Jenckes, Governor. 

The Hon. Thomas Frye, Deputy Governor. 



ASSISTANTS. 



Col. William Wanton, 

Lie at. Col. Wm. Coddington, 

Col. Nicholas Power, 

Mr. George Cornell, 

Mr. Wm. Anthony, 



Major Job Greene, 
Mr. John Wickes, 
Mr. Francis Willett, 
Mr. Rouse Helme. 



For Newport. 
Mr. George Goulding, 
Capt. Henry Bull, 
Mr. Joseph Whipple, 
Major John Coddington, 
Mr. Gideon Wanton, 
Mr. Simon Pease. 

For Providence. 
Major Wm. Smith, 
Mr. Elisha Knowlton, 
Mr. Ezekiel Warner, 
Capt. Daniel Abbot. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Stephen Brownell, 
Mr. Thomas Hicks. 



DEPUTIES. 

For Warwick. 
Mr. John Warner, 
Mr. Stukeley Stafford, 
Capt. John Greene. 
For Westerly. 
Mr. John Richmond. 

For NeiD Shoreham. 
Capt. Simon Ray. 

For North Kingstoivn. 
Mr. William Spencer. 

For South Kingstoivn. 
Mr. Robert Hannah, 
Mr. George Haszard, Jr. 



420 RECORDS OF THE COLONY OF RHODE ISLAND [1729. 



DEPUTIES. 

For East Greenwich. For Jamestown. 

Mr. Thomas Spencer, Capt. Nicholas Carr, 

Capt. Ishmael Spink. Mr. Samuel Clarke. 

Capt. Henry Bull, speaker. 
Mr. Josias Lyndon, clerk. 

Joseph Tillinghast, Benjamin Wanton, William Swann, Job 
Townsend, Christopher Townsend, Edward Hunt, John Clarke, 
Samuel Cranston, William Read, John Comer, Nicholas Briant, 
Benjamin Borden, John Warkman, Caleb Godfrey, James Al- 
len, Jr., Nathan Townsend, Jr., William Drake, John Campbell, 
Joseph Attwood, Isaac Woodward, Jonathan Wilson, Morris 
Poor, John Ingraham, Jr., John Rogers, son of Samuel, Joseph 
Frye, John Partelow, Joseph Crandall, Ephraim Hicks, George 
Scott, John Freebody, Jr., Peleg Slocum, James Martin, Jona- 
than Clarke, Jonathan Marsh, Dr. George Berkeley, Richard 
Wilson, William Allen, Mordecai Dunbar, John James, John 
Lyon and Jeremiah Child, all of Newport, are admitted freemen 
of this colony. 

Nathan Walker, Amos King, Isaac King, Ezra Bartlet, Benj. 
Fisk, Daniel Wilbore, John Smith, carpenter, William Russel, 
Nathan Brown, Thomas Pollock, Job Arnold and Jeremiah 
Brown, Jr., all of Providence, are admitted freemen of this 
colony. 

Adam Hunt, Abraham Anthony, John Wing, Jonathan Fish, 
Thomas Durfie, Weston Hickes, Gideon Freeborne, Jr., Caleb 
Hill, George Cornell, son of Thomas, Ebenezer Hill and Gideon 
Anthony, all of Portsmouth, are admitted freemen of this 
colony. 

William Vincent, John Carder, Samuel Pearce, Samuel Bar- 
ton and Ephraim Arnold, all of Warwick, are admitted freemen 
of this colony. 

Joseph Mathewson, Benoni Andrew, John Corps and John 



1729.] AND PROVIDENCE PLANTATIONS. 421 

Straight, all of East Greenwich, are admitted freemen of this 
colony. 

Benjamin Gardner and Jeremiah Brown, both of South 
Kingstown, are admitted freemen of this colony. 

Daniel Rose, of New Shoreham, is admitted a freeman of 
this colony. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 1st 
Wednesday of May, 1729. 

The Hon. Joseph Jenckes, Deputy Governor. 
The Hon. Thomas Frye, Deputy Governor. 
With the assistants and deputies. 

Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Col. Wra. Wanton, Mr. William Anthony, 

Mr. Samuel Vernon, Major Job Greene, 

Major William Smith, Mr. John Wickes, 

Capt. Richard Waterman, Capt. William Hall. 

Mr. George Cornell, Mr. Rouse Helme. 



422 RECORDS OP THE COLONY OF RHODE ISLAND [1729. 



RECORDER. GENERAL TREASURER. 

Richard Ward. Mr. Joseph Borden. 

SHERIFF. GENERAL ATTORNEY. 

Mr. Jahleel Brenton, Jr. Mr. Daniel Updike. 

His Honor, the Governor, took the oaths prescribed by the 
acts of Parliament, in the presence of the Assembly, Nathaniel 
Kay, Esq., collector, and the Hon. Nathaniel Byfield, judge of 
His Majesty's court of vice admiralty, in the colony. 

The Hon. Nathaniel Byfield, Esq., judge, and the Hon. Na- 
thaniel Hubbard, Esq., deputy judge of His Majesty's court of 
vice admiralty, in this colony, and Arthur Savage, Esq., mar- 
shal of said court, took the oath required by law ; and also the 
oaths for the true and faithful execution of their offices. 

Whereas, Edward Greenman. by petition set forth to this 
Assembly, that on or about the year 1718, or 1719, he was 
convicted of forging and counterfeiting of the bills of credit of 
this and the neigboring governments, for which he was sen- 
tenced to pay a fine of £600, and also to pay into the treasury 
of this colony £1500, to make good the false and counterfeit 
money which had by him been put off, which accordingly was 
paid into the treasury for that end, and that he was informed 
that there is a considerable sum of the aforesaid money in the 
treasury not yet expended, to make good the said counterfeit 
bills ; and conceiving that, by the length of time it is probable 
all the counterfeit bills that were out, are brought to light, 
humbly supplicating that an adjustment might be made of the 
account respecting the aforesaid money, and to grant him the 
favor of drawing out of the treasury the remaining part of the 
aforesaid money that was paid therein for the aforesaid use, 
that so therewith he might have wherewith to support himself 
and family, now in old age ; — 

Be it therefore enacted by the General Assembly, and by 
the authority of the same it is enacted, that after the charges 
of the money mentioned in the account of the said counter- 
feit money and charges presented to this Assembly by the 



1729.] AND PROVIDENCE PLANTATIONS. 423 

treasurer, is paid, the remainder to be returned to the said Ed- 
ward Greennian, he giving in bond to the general treasurer for 
so much as he receives, with conditions to refund for what 
counterfeit bills of his putting forth shall hereafter appear. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Ncivport^ the third Mon- 
day in June, 1729. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

The assistants and deputies from the several towns. 

Voted, that the Hon. Joseph Jenckes, Esq., Governor, be al- 
lowed out of the general treasury the sum of £200, for his last 
year's salary, and extraordinary service. 

Voted, that £100 be remitted to our agent in Great Britain, 
and that Mr. George Goulding and Capt. Joseph Whipple, be 
a committee appointed to procure and remit the same, by bill 
of exchange or otherwise, as they shall think most advan- 
tageous to the government. 

Upon the petition of Capt. Daniel Abbott, setting forth to 
this Assembly that he was serviceable and assisting to the com- 
mittee in running and settling the line between this colony 
and Connecticut, and praying a reward for the same ; — 

It is voted and enacted by this Assembly, that the said 
Daniel Abbott have forty shillings allowed and paid him out of 
the general treasury for his above mentioned service. 

An Act disposing of the money raised in this colony on import- 
ing negro slaves into this colony. 

Forasmuch, as there is an act of Assembly made in this col- 
ony the 27th day of February, A. D. 1711, laying a duty of 
£3 per head on all slaves imported into this colony, as is in 



424 RECORDS OP THE COLONY OF RHODE ISLAND [1729. 

said act is expressed ; and several things of a public nature re- 
quiring a fund to be set apart for carrying them on ; — 

Be it therefore enacted by the General Assembly, and by 
the authority of the same it is enacted and declared, that 
henceforward all monies that shall be raised in this colony by 
the aforesaid account, on any slaves imported into this colony, 
shall be employed, the one moiety thereof for the use of the 
town of Newport, towards paving and amending the streets 
thereof; and the other moiety, for, and towards the support, 
repairing and mending the great bridges on the main, in the 
country roads, and for no other use whatsoever ; any thing in 
the aforesaid act to the contrary, in any wise notwithstanding. 

Whereas, Francis Willett, Esq., Capt. Henry Bull and Wm. 
Greene, Esq., were appointed a committee by the General As- 
sembly, to inspect into several claims and drawing a plat of 
the lands in the westward part of this colony, whieh was done, 
and a return made ; — 

Wherefore, it is voted and enacted, that the said commit- 
tee's account of charges, time and expense in said affair, 
amounting to £10, be allowed and paid them out of the 
general treasury. 

Upon the petition of sundry of the inhabitants of the 
western and north-western part of Providence township, 
setting forth the great trouble and difficulty of their going 
(the greater part of them) ten miles to training, and praying 
that another company may be set off; — 

It is voted and enacted, that another company or train 
band, be set off in the western and north-western part of 
Providence, according to the prayer in said petition. 

Upon the petition of sundry of the inhabitants of the west 
and south-western part of East Greenwich, setting forth the 
difficulty of their going some three, four, five, six and seven 
miles to training, and praying that they may be taken off into 
another company ; — 

It is ordered and enacted, that a third company, or trained 
band, be set off in the west and south-western part of the town 
of East Greenwich. 



1729.] AND PROVIDENCE PLANTATIONS. 425 

Voted, that Col. William Wanton and Capt. John Brown, be 
a committee, appointed to view two cannon, belonging to 
Christopher Aliny, and agree with him for the same, if they 
shall judge them suitable for the fort. 

Whereas, there has been great disturbance in town meet- 
ings within this colony, which has arisen from the modera- 
tors refusing to put such proposals to vote as has been of- 
fered or presented by a number of freemen there met ; and for- 
asmuch, as all controversies in town meetings relating to town 
affairs, ought to be decided by a majority of voices, — ■ 

Therefore, be it enacted by the General Assembly, and by 
the authority thereof it is enacted, that for the future, to pre- 
vent further trouble, every moderator in this colony, when le- 
gally chosen in town meetings, after having heard the free- 
men's allegations respecting the business of the towns, and be- 
ing called upon by seven freemen, to put any particular vote 
of the town's business, to vote, the moderator shall forthwith 
grant the same, upon the penalty of being suspended from the 
office of the moderator (and pay a fine of forty shillings, to be 
recovered by the town clerk, for the use of the town where 
such meeting is held) ; and another moderator forthwith chosen 
in his room. 

And further, that no vote be passed in any town meeting, 
concerning money in the treasury, disposing of land, or making 
a rate, unless it be mentioned in the warrant given out to warn 
in the freemen to said meeting ; and that the town clerk of 
such respective town in this colony, be the person appointed 
to give out such warrants, unless where the law prescribes 
otherwise. 

Whereas, it is very common in this colony, and especially in 
Westerly and South Kingstown, for Indians to make dances, 
which has been found by experience to be very prejudicial 
to the adjacent inhabitants, by their excessive drinking and 
fighting, and wounding each other ; and many servants are en- 
ticed to out-stay their time at such dances, and run away from 
their masters ; — 

VOL. TV. 54 



426 RECORDS OF THE COLONY OP RHODE ISLAND [1729. 

Be it therefore enacted by the General Assembly, and by 
the authority thereof it is enacted, that the town councils of 
each town in this colony, have full power to make such laws 
and orders for the better regulating of such Indian dances in 
their respective towns, as they shall think needful and neces- 
sary ; and to fine all such persons, either English, Indians or 
others, that shall sell or give any strong liquors at any such 
dances, not exceeding forty shillings. 

Whereas, there is considerable due to the colony upon those 
bonds, commonly called the Narragansett bonds, given by 
those persons who bought the vacant lands in the Narragansett 
country, and an act passed in June, 1726, enabling the attor- 
ney general to recover the same ; but it yet remaining un- 
paid ; — 

Be it therefore enacted by the General Assembly, and by the 
authority thereof it is enacted, that the said act, made in June, 
1726, be, and it is hereby revived, and that the attorney gen- 
eral forthwith put all the aforementioned bonds in suit (which 
are not paid) at the next succeeding General Court of Trials, 
in order to recover what is due thereon ; and that the same? 
when collected, be applied to building of county court houses, 
and county jails, or so much thereof, as will do the same. 

Whereas, the colony is destitute of arms sufficient for the 
equipping and fitting out a vessel, in case of an attack of an 
enemy by sea,, and so rendered incapable of defence against 
privateers, pirates, &c, who often come upon this coast, and 
do great damage to His Majesty's good subjects in this 
colony ; — 

Be it therefore enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that 
there be procured at the colony's charge, one hundred pistols, 
one hundred cutlasses and so many muskets as will make up 
one hundred and fifty, with what the colony already has in 
Newport ; forty half pikes and twelve good guns, with car- 
riages fitting and suitable for a sloop or other vessel, for His 
Majesty's service ; and that Mr. George Goulding and Capt. 



1729.] AND PROVIDENCE PLANTATIONS. 427 

Joseph Whipple, be a committee appointed to procure the 
same, and be paid out of the general treasury, as soon as can 
be, with conveniency. 

An Act for the dividing the colony of Rhode Island and Provi- 
dence Plantations into three counties, and ascertaining the 
bounds and limits of each of said counties. 
Whereas, the number of inhabitants of the colony, aforesaid, 
are much increased, and the bounds thereof are so extensive 
that that part thereof, called the main land, especially the more 
remote inhabitants, are put to great trouble and difficulty, in 
prosecuting their affairs in the common course of justice, as the 
courts are now established ; — 

Therefore be it enacted by the General Assembly of the col- 
ony aforesaid, and by the authority of the same, that the said 
colony shall be divided into three distinct and separate coun- 
ties (whereof the whole colony shall consist) in the following 
manner : 

The towns of Newport, Portsmouth, Jamestown, New Shore- 
ham and the rest of the islands adjacent, heretofore within the 
jurisdiction of either of said towns, shall be constituted, and 
hereby made one county, and shall be known by the name of 
Newport county ; and Newport shall be the county town. 

The towns of Providence, and Warwick and East Greenwich 
and all such places within the jurisdiction of said towns, shall 
be constituted, and is hereby made one other county, and shall 
be known by the name of the county of Providence ; and the 
town of Providence shall be the county town. 

The towns of South Kingstown, and North Kingstown, and 
Westerly, and all places within the bounds of either of said 
towns, shall be constituted, and are hereby made one other 
county, and shall be known by the name of King's county 
and South Kingstown shall be the county town. 

An Act for the establishing of courts of general sessions of the 
peace, and ascertaining the times and places for the holding 
<»f the same. [Sec public laws, 1730, p. 188.] 



428 RECORDS OP THE COLONY OF RHODE ISLAND [1729. 

An Act for establishing of inferior courts of common pleas in 
the several counties of the said colony. [Public laws, 1V30, 
p. 190.] 

An Act for the regulation of sundry proceedings in the several 
courts within said colony. [Public laws, 1730, p. 192.] 

An Act for the continuing the General Court of Trials, and 
enabling said court to proceed in all cases, and other matters 
depending in said court to judgment and execution, notwith- 
standing the dividing this colony into counties, and erecting 
other inferior and superior courts, &c. [Public laws, 1730, 
204.] 

Voted, that the sum of £2,600, which the general treasurer 
has disbursed for the use of the colony, be, and it is hereby al- 
lowed a debt from the colony. 

Ordered, that His Majesty be addressed by petition, that he 
would be pleased, in his great clemency, to bestow upon this 
colony a suitable number of guns for the fort ; and that the at- 
torney general, with the advice of the Governor, and such other 
person as His Honor shall appoint, draw a petition for that pur- 
pose ; and that His Honor, the Governor, send the same to our 
agent, as soon as may be, in order to be laid before His 
Majesty. 

An Act for preventing of strangers coming into this colony 
from any parts whatsoever, by sea, excepting Great Britain 
Ireland, Jersey and Gurnsey, from being chargeable to any 
town in this colony, whereunto they shall come. 
Be it enacted by this General Assembly, and by the authori- 
ty of the same it is enacted, that all masters of vessels that 
shall import and bring into this colony any persons or passen- 
gers, whatsoever, into any town in this colony (except from 
Great Britain, Ireland, Jersey and Garnsey), shall give an ac- 
count of all such persons or passengers by him so imported, to 
the naval officer of this colony for the time being ; and give in 



1729.] AND PROVIDENCE PLANTATIONS. 429 

bond to the said naval officer, in the sum of £'50, for each per- 
son by him imported, that such person shall not become^charge- 
able to such town wherein they shall be landed ; and the said 
naval officer shall be paid by such master five shillings for such 
bond ; any law, custom, or usage to the contrary hereof, not- 
withstanding. 

Voted and ordered, that the sum of £500 be allowed out of 
the money in the general treasury, for the carrying on the fort, 
viz. : 

To lay the platform, make the gates, and work up what lime 
and stone and other materials there are now procured ; and that 
the said £500 be paid back when the same comes in the treas- 
ury ; and the work go no further on until farther order from 
the General Assembly. 

Voted, that every member of this present General Assembly, 
both upper and lower house, have one law book gratis, when 
printed and bound ; and that the recorder, sheriff, attorney 
general, and general treasurer, have each one more ; and that 
the rest be disposed of as the colony shall think fit. 

God save the Kino-. 



Proceedings of the General Assembly, held for the Colony of Ithodc 
Island and Providence Plantations, at Warwick, the last 
Wednesday of October, 1729. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is enacted, that the person who 
shall be by the General Assembly chosen to the post of general 
treasurer, give in bond to the recorder of this colony and to his 
successors, in the sum of £20,000, for the faithful execution o1 
his office, and the trust reposed in him ; and that all succeed,. 



430 RECORDS OF THE COLONY OF RHODE ISLAND [1729. 

ins; general treasurers that shall from time to time be elected 
and chosen, give in such bond to the general recorder for the 
time being, for the use of the colony, as the General Assembly 
shall think necessary ; and that the salary of the general treas- 
urer be £'100 per annum, and so in proportion for a lesser 
time ; and that the former acts for the treasurer's allowance, 
be, and it is hereby repealed. 

An Act restricting all lawyers from being chosen deputies of 
any town in this colony during their practicing the law. 
Whereas, the setting of lawyers in the Assembly on hearing 

of appeals from the General Court of Trials, is found to be of 

ill consequence ; — 

Wherefore, be it enacted by the General Assembly of this 
colony, and by the authority of the same it is enacted, that no 
practitioner of the law, whatsoever, shall be chosen a deputy 
for any town in this colony, during his practicing as such. 
[Repealed, the next session.] 

Voted, that the return of the committee for appointing the 
place where the county house and jail for the county of Provi- 
dence shall set, be accepted of by this Assembly. 

Voted, that the return of the commissioned officers, setting 
off a third company in the town of East Greenwich, be accepted 
by this Assembly. 

Voted, that the address to His Majesty, presented to this 
Assembly, be received, and that it be sent to His Majesty. 

Upon the report of the committee appointed to examine and 
consider the petition of Capt. Joseph Brown and sundry oth- 
ers, inhabitants of Attleborough, praying that they might be 
annexed unto this government, supposing themselves to be 
part thereof, — 

It is voted and enacted by this Assembly, that a committee 
be chosen and empowered on the part of this government (at 
the charge of the petitioners) to settle the line betwixt this 
colony and the said province, from Pawtucket Falls north, 
to the south line of the said province ; and that a letter be 



1729.] AND PROVIDENCE PLANTATIONS. 431 

sent from this Assembly to the General Assembly of the said 
province, moving them to appoint a committee on their part to 
join with our committee, to settle said line ; but in case they 
refuse or neglect so to do, then our commissioners to run it 
themselves, if they see cause ; and that the case be sent home 
to Great Britain, in order to be decided. 

Provided, that the said petitioners first pay into the hands 
of such person or persons as shall be appointed by this colony, 
the sum of £200, to be sent to England, with the case ; and 
that two substantial men of the said petitioners, with two or 
three substantial men more, inhabitants of this coloiry, become 
bound to said colony in the sum of £2,000, conditioned for 
their true and faithful payment of such sums of money as shall 
from time to time be wanted and called for, to defray and sat- 
isfy the whole charge that shall arise, respecting the settle- 
ment of the said line. 

And that His Honor, the Governor, write to the General As- 
sembly of the Massachusetts about settling the east bounds of 
this colony and the Massachusetts Bay. 



An Act appointing commissioners to run the east line of this 
colony with the Massachusetts from Pawtucket Falls north, 
to the extent of this colony's bounds, as they are settled in 
our charter, with such commissioners as shall be appointed on 
the behalf of that province. [Public laws, 1730, p. 207.] 



432 RECORDS OF THE COLONY OF RHODE ISLAND [1730. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the last Tues- 
day of February, 1729-30. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Joseph James, Stephen Richmond, Robert Babcock, Israel 
Lewis, Nathaniel Lewis, Daniel Greenhill, Matthias Butten, 
John Hoxsie, Jr., Stephen Babcock, George Havens, Benjamin 
Brown, Christopher Champlin, the 3d, Stephen Wilcox, son of 
Stephen, David Kinyon, Samuel Cottril, John Pooler, Joseph 
Kinyon and Samuel Barber, all of Westerly, are admitted free- 
men of this colony. 

It is ordered and enacted by this Assembly, that the county 
court house and jail for King's county, be set upon the hill? 
near Robert Cases's dwelling house, in South Kingstown. 

And that the act passed at the last session of the Assem- 
bly, appointing the place for setting the county court house in 
Providence, be, and it is hereby repealed ; and that it be left 
to the town of Providence, to be determined in a town meet- 
ing, to be called by the assistants of said town, whether the 
said house shall be set upon Capt. James Olney's land, or at 
the place proposed by the committee heretofore appointed for 
that purpose. 

An Act in addition to an act made and passed by the General 
Assembly, sitting by adjournment, the third Monday in June, 
1729, entitled "An act for the establishing inferior courts of 
common pleas in the several counties in this colony." [Pub- 
lic laws, 1730, p. 208.] 



1730.] AND PROVIDENCE PLANTATIONS. 433 

Be it enacted by this Assembly, and by the authority there- 
of it is enacted, that the controversy between this colony and 
the proprietors, relating to the gore of land in the western part 
of this government, to the southward of Warwick south-west 
corner, be decided by indifferent men chosen out of the Prov- 
ince of the Massachusetts Bay, between this time and the ris- 
ing of the next May session. 

But if in case the said controversy be not decided in said 
time, that then the King's attorney of this colony, be, and he is 
hereby appointed and fully empowered forthwith, after the ris- 
ing of said session, to bring writs of ejectment on behalf of this 
colony against any person or persons that are, or shall be, in 
possession of said gore of land ; and also any other person lay- 
ing claim to said land, shall, and may have liberty of bringing 
their action, in order to try the title thereof. 

Upon the prayer and petition of the people called 
Quakers, — 

It is ordered, that Capt. Joseph Whipple and Col. Daniel 
Updike be, and they are hereby appointed to draw up some- 
thing relating to said petition, in order to lay before this As- 
sembly, at their next session. 

An Act directing the admitting of freemen in the several towns 
in this colony. [Public laws, 1730, p. 209.] 

Voted and ordered by this Assembly, that the recorder write 
to the General Assembly of the Massachusetts Bay, and ac- 
quaint them that this Assembly, at their session the last 
Wednesday of October, 1728, did pass an act for the re-build- 
ing the one half of Pawtucket bridge ; provided, that the said 
Province be at the charge of re-building the other half; and 
also, that he lay before them the great necessity thereof, or 
else that they take care that the said bridge be thrown down 
and demolished, that it may not remain as a trap to endanger 
men's lives, as now it doth. 

vol. iv. 55 



434 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1730. 



An Act declaring who are exempt from serving as jurors in 
any court or courts of judicature, common pleas, &c. ? in this 
colony. [Public laws, 1730, p. 210.] 



God save the King. 



Proceedings of the General Assembly, held for the Oolong of Rhode 
Island and Providence Plantations, at Neivport, the first 
Tuesday of May, 1730. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor, 



Col. Wm. Wanton, 
Mr. Samuel Vernon, 
Major Wm. Smith, 
Mr. George Cornell, 



ASSISTANTS. 

Mr. Wm. Anthony, 
Major Job Greene, 
Mr. John Wickes, 
Capt. William Hall. 



For Neivport. 
Mr. George Goulding, 
Capt. Henry Bull, 
Capt. Benjamin Ellery, 
Capt. Joseph Whipple, 
Capt. James Clarke, 
Capt. Peleg Smith. 

For Providence. 
Mr. Ezekiel Warner, 
Capt. Daniel Abott, 
Mr. Jonathan Sprague, 
Mr. James Brown, Jr. 



DEPUTIES. 

For Portsmouth. 
Mr. Preserved Fish, 
Capt. Wm. Hall, 
Mr. Stephen Brownell, 
Mr. Wm. Brown. 

For Warwick. 
Mr. Moses Lippitt, 
Capt. Othniel Gorton, 
Mr. Israel Arnold, 
Mr. Joseph Stafford. 
Jr, 



1730.] AND PROVIDENCE PLANTATIONS. 435 



DEPUTIES. 

For Westerly. For South Kingstown. 

Capt. Oliver Babcock, Capt. John Potter, 

Capt. Win. Clarke. Mr. George Haszard, Jr. 

For New Shoreham, For Fast Greenwich. 

Capt. Simon Ray, Major Thomas Frye, 

Capt. Thomas Rathbone. Mr. Thomas Spencer. 

For North Kingstown. For Jamestown. 

Mr. Jeremiah Gould, Capt. Nicholas Carr, 

Mr. Francis Willet. Mr. Samuel Clarke. 

Major Thomas Frye, speaker. 
Mr. Josias Lyndon, clerk. 

James Davis, William Potter, James Lillington, Daniel Ay- 
rault, Jr., John Clarke, mason, Moses Chaplin, George Lawton, 
Henry Hoar, Benedict Arnold, Jr., John Treby, John Emory, 
John Freebody, Jr., John Houlton, Job Bissel, Thomas Husch- 
am, Daniel Fortuneau, Jacob Barney, Hezekiah Carpenter, Pe- 
leg Brown and Henry Sabin, all of Newport, are admitted free- 
men of this colony. 

Nathan Waterman, Josiah Cotton, Hezekiah Smith, Thomas 
Barnes, Jr., Jonathan Arnold, Job Randall, John Clarke, Geo. 
Stone, Nicholas Wescote, Jeremiah Williams, Anthony Arnold, 
Joseph Fisk, Hezekiah Fisk, Gideon Crawford, John Williams, 
Joshua Burlingame, Thomas Arnold, David Wilkinson, Joseph 
Olney, James Tillinghast, John King, John Stuart, Samuel 
Wilkinson, Josiah Wilkinson, Jacob Hartshorn, David Come- 
stock, William Westcote, Jr., William Comestock, Jeremiah 
Sheldon, Joseph Sheldon, Pardon Sheldon, Jonathan King, 
Malachi Brown and Joseph Hawkins, all of Providence, are ad- 
mitted freemen of this colony. 

Robert Lawton, son of Capt. George, Daniel Fish, John Law- 
ton, son of Isaac Lawton, Jr., and Joseph Earle, all of Ports- 
mouth, are admitted freemen of this colony. 



436 RECORDS OF THE COLONY OF RHODE ISLAND [1730. 

Richard Berry, Caleb Church, Richard Baily, William His- 
cox and Edward Mott, all of Westerly, are admitted freemen of 
this colony. 

Thomas Haszard, Isaac Vaughan, Samuel Rathbone, Benja- 
min? Potter, John Dawley, Jeremiah Austin, Jr., John 
Sweet, son of Richard, John West, John Vaugh, John Potter, 
David Northup, John Reynolds, son of Joseph, deceased, and 
Thomas Hill, al of North Kingstown, are admitted freemen of 
this colony. 

Thomas Spencer, son of Michael, John Gay, William Sweet, 
Robert Estis, John Andrew, Robert Whitford, Edmond John- 
son, John Spencer, son of Michael, Anthony Aylsworth, Joseph 
Hunt, James Cooper, Thomas Greene, Thomas Gardner, Thos. 
Casey and Richard Briggs, all of East Greenwich, are admitted 
freemen of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivj)ort, the first 
Wednesday in May, 1730. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Col. William Wanton, Mr. William Anthony, 

Mr. Samuel Vernon, Major Job Greene, 

Capt. William Smith, Mr. John Wickes, 

Capt. Richard Waterman, Capt, William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 



1730.] AND PROVIDENCE PLANTATIONS. 437 



SECRETARY. GENERAL TREASURER. 

Richard Ward. Mr. Abraham Borden. 

GENERAL ATTORNEY. 

Mr. Daniel Updike. 

An Act for settling and ascertaining the jurisdiction of the jus- 
tices of the peace throughout this colony. [Public laws, 
1730, p. 212.] 

SHERIFFS FOR THE SEVERAL COUNTIES CHOSEN. 

Newport county, — Jahleel Brenton, Esq., sheriff, engaged. 
Providence county, — Capt. Daniel Abbot, " " 

Kings count}', — Inmanuel Northup, Esq., a " 

An Act for repealing an act made and passed the 14th day of 
June, A. D., 1726, being an act for regulating the militia, 
and the election of the officers of each respective company in 
this colony. [Public laws, 1730, p. 212.] 

An Act asserting the claim of this colony to the jurisdiction of 
the gore of land to the eastward and southward of Pawtuck- 
et river. 

An Act for the relief of poor sailors, and their families. [Pub- 
lic laws, 1730, p. 213.] 

Ordered, that those persons inhabiting a tract of land that 
lies between Pawtucket river and the north line from Paw- 
tucket Falls, to the south line of the Massachusetts Bay, who 
petitioned this Assembly, give in bond before this Assembly 
proceed any farther on that affair. 

James Martin, chosen cursitor. 

John Coddington, prothonotary. 

Jahleel Brenton, Jr., custos brevium. 

William Mumford, master of the alienation office. 

Abraham Borden, receiver of the King's silver. 



438 RECORDS OF THE COLONY OF RHODE ISLAND [1730. 



Proceedings of the General Assembly, held for the Colony of Bhode 
Island and Providence Plantations, at Ncivport, the third Mon- 
day of June, 1730. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. ' 

It is ordered by this Assembly, that His Honor, the Gov- 
ernor, Major Thomas Frye, and the secretary, be a committee 
to answer the queries sent to this government by the board of 
trade ; and that each town in this colony, at their town meet- 
ings appoint and order the numbering of the inhabitants of 
each town, whites and others, in such way and manner as they 
shall think best, and pay the charges of doing thereof; and a 
return thereof to be made to the Governor, by the town clerk, 
as soon as may be. 

And it is also ordered, that the captain of each company 
make return of the number of enlisted soldiers in his company, 
to the town clerk of the town where he dwells, who shall trans- 
mit the same to the Governor, in order to send home an ac- 
count thereof. 

An Act enabling the secretary of the colony, for the time be- 
ing, to surrogate and appoint a deputy under him. [Public 
laws, 1730, p. 216.] 

An Act for the easing of tender consciences, and for preventing 
them from being burthened with military duty. [Public 
laws, 1730, p. 217.] 

An Act to prevent Indians from being abused and wronged by 
designing and ill-minded persons in making of them servants. 
[Public laws, 1730, p. 219.] 



1730.] AND PROVIDENCE PLANTATIONS. 439 

All Act for enlarging the naval officers' fees for collecting 
monies upon the importation of negro slaves in this colony. 
[Public laws, 1730, p. 220.] 

Voted and ordered, that what stuff and materials are already 
provided for the fort, both inside and out, and paid for, be 
forthwith worked up. 

Voted and ordered, that the sum of £10 be added to the 
deputy governor's last year's salary for his extraordinary ser- 
vice, and that the same be paid out of the general treasury. 

Upon the petition of the town of Providence, setting forth 
the ill-conveniency of the said town's being so large, and pray- 
ing that a committee might be appointed to inspect into said 
affair ; — 

It is voted and enacted, that Mr. Samuel Clarke, Mr. Francis 
Willett, and Mr. Win. Robinson, be a committee appointed to 
inspect into and consider of the situation and circumstances of 
said town of Providence, in order for a division of the same into 
three or four parts, and make report thereof to the next session 
of this Assembly. 

Voted and ordered, that Mr. Sam'l Vernon, Capt. Henry Bull 
and Mr. Francis Willett, be a committee appointed to treat with 
the proprietors of the Great Purchase, and consider of some ways 
and means whereby the difference relating to the gore of land in 
controversy, may be settled, and make report thereof to the 
next session of this Assembly. 

Whereas, George Ward, by petition set forth to this Assem- 
bly that he was an enlisted soldier in the late expedition to 
Port Royal, under the command of Col. John Cranston, in the 
service of this colony, and upon his return home was cast away 
upon the back of Cape Cod, and by that means was stopped 
from coming home to receive his wages, and is since reduced 
to poverty, and praying this Assembly to consider him in said 
affair ; — 

Upon consideration whereof, it is voted and ordered, that the 
said affair be referred to Col. William Coddington, who was 
commissary in said expedition ; and that what shall appear to 



440 RECORDS OF THE COLONY OF RHODE ISLAND [1730. 

said Col. Coddington to be due to the said George Ward, be 
paid out of the general treasury. 

Voted and ordered, that the great guns and appurtenances 
now on board the brigantinc Two Brothers, be delivered to 
Capt. John Brown, at the fort, as soon as convenient, and be 
tarred and stopped, and laid so that they take no damage ; and 
that Captain Brown give a receipt for the same ; and that the 
small arms and other stores be delivered to Mr. Jahleel 
Brenton, Jr., the present commissary, for the use of the govern, 
ment, he giving a receipt therefor. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1730. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Whereas, Benjamin Sheffield and Thomas Northup, by peti- 
tion set forth to this Assembly, that they were empowered and 
appointed by His Honor, the Governor, and Mr. Vernon, one of 
the assistants, to have the care and oversight of the people or 
goods that should be suspected to have come from Boston dur- 
ing the time of the small pox prevailing there, and in which 
affair they spent a great deal of time, with trouble and dif- 
ficulty, and prayed that they might be considered for the 
same ; — 

Wherefore, it is voted and enacted, that the said Benjamin 
Sheffield be allowed £'30, and the said Thomas Northup £15 
for their aforementioned service ; and that the same be paid 
out of the general treasury. 



1730.] AND PROVIDENCE PLANTATIONS. 441 

Voted and ordered, that William Anthony, Esq., be allowed 
and paid out of the general treasury the sum of £20, for his 
extraordinary care, trouble and time spent in examining people 
who came from Boston, and giving certificates in the time of 
the small pox. 

Whereas, Henry Sweeting, of Providence, by petition, set 
forth to this Assembly, that his son (a young man, under the 
age of twenty-one years) being master of a vessel, did come 
with the same into the colony of Rhode Island, contrary to the 
laws of said colony, respecting the small pox, and was accord- 
ingly amerced by the court of common pleas, held at Newport, 
the last Tuesday of May, 1730, the sum of £100, and praying 
that inasmuch as his said son was ignorant of the laws of the 
colony, and no damage accruing thereon, that the said fine be 
remitted, and he may be discharged from the said judgment of 
court ; — 

Upon which, it is voted and enacted, that the said fine of 
£100, be reduced to the sum of forty shillings ; and that the 
said Sweeting pay the cost of suit. 

Whereas, there has been sundry long differences and contro- 
versies between this colony, and the proprietors of the Great 
Purchase (granted out of the vacant lands in the Narragansett 
country) concerning a gore of land ; — 

It is therefore voted and enacted, that Samuel Vernon, Hen- 
ry Bull and Francis Willett, Esqs., be a committee, and they, 
or any two of them, are hereby fully empowered and authorized 
to make a certain agreement with the said proprietors, or such 
committee as is, or shall be by them appointed, for a settle- 
ment of said controversy ; and that the same be final, and that 
they make report to the next session of this Assembly. 

Voted and ordered, that the committee, Samuel Vernon, Hen- 
ry Bull and Francis Willett, Esqrs., who were appointed to 
treat with the proprietors of the Great Purchase, relating to 
the gore of land, be allowed and paid out of the general treas- 
ury the sum of £9, for their time and trouble in said aftair; 
and that either of them be empowered to draw the same out of 
the general treasury, for the use of all three. 

vol. iv. 56 



442 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

Whereas, the former committee appointed to inspect into the 
town of Providence, for a division of the same, have omitted 
doing thereof; — 

Therefore, this Assembly do order and appoint William 
Jenckes, Phillip Tillinghast, Benjamin Greene and Thos. Spen- 
cer, Esqs., or the major part of them, a committee to inspect 
into the circumstances of the town of Providence, in order for 
a division of the same into two, three or more towns, and to 
make report to the next session of this Assembly. 

An Act regulating appeals from judgments obtained upon 
bond, at any of the inferior courts in this colony. [Public 
laws, 1730, p. 225.] 

Ordered, that His Honor, the Governor, with the assistance 
of Mr. Ward and Col. Updike, write a proper answer to the 
letter from the Massachusetts, according to the best of their 
judgments, and to be signed by the Governor, only. 

Voted, that this Assembly be adjourned to Newport, the 
third Tuesday of February next ; and that all business that 
lies before this Assembly, unfinished, be referred to the next 
session of this Assembly. 



Proceedings of the General Assembly held for the Colon?/ of 
Rhode Island and Providence Plantations, at Newport, the 
third Tuesday of February, 1730-31. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for erecting and incorporating the out-lands of the 
town of Providence, into three towns. 
Forasmuch, as the out-lands of the town of Providence, are 



1731.] AND PROVIDENCE PLANTATIONS. 443 

large, and replenished with inhabitants sufficient to make and 
erect three townships, besides the town of Providence, and the 
land lies convenient for the same, which will be of great ease 
and benefit to the inhabitants of said lands, in transacting and 
negotiating the prudential affairs of their town, which for some 
time past, has been very heavy and burthensome, — 

Be it therefore enacted by this General Assembly, and by 
the authority thereof it is enacted, that from Warwick town- 
ship, eight miles and a half be measured on the seven mile line 
(so called), in said Providence, and a boundary there fixed ; 
and from the said boundary, a line be drawn to Pawtucket 
river, to the place called the Ware, about half a mile northerly 
of Pawtucket Falls ; and that for the time to come, the town of 
Providence extend no farther west and north than the aforesaid 
lines. 

And it is also enacted by the authority aforesaid, that all the 
rest of the aforesaid out-lands, to the eastward of the aforesaid 
seven mile line, and to the northward of the bounds of the 
town of Providence, be, and they are hereby incorporated and 
erected into a town called and known by the name of Smith- 
field ; and that the inhabitants thereof, from time to time, shall 
have and enjoy the like benefits and privileges with other 
towns in this colony, according to our charter. 

And it is further enacted by the authority aforesaid, that all the 
rest ot the aforesaid out-lands, to the westward of the aforesaid 
saven mile line, be erected and made into two towns ; the dividing 
line between them to begin at the north-west bounds of the town 
of Providence, at the bounds and monument there made and 
erected on the aforesaid seven mile line ; and from thence, to 
extend west six degrees and thirty minutes north, to Connecti- 
cut colony, and all the lands to the westward of the said town 
of Providence, and to the southward of the said dividing line, 
and to the northward of the town of Warwick, up to the colony 
line, be, and they are hereby erected and incorporated a town, 
to be called and known by the name of Scituate ; and the in- 
habitants thereof, from time to time, shall have and enjoy the 



444 RECOKDS OF THE COLONY OF RHODE ISLAND [1731. 

like liberty and privileges as other towns incorporated in this 
colony, by our charter, do. 

And it is further enacted by the authority aforesaid, that the 
rest and residue of the aforesaid out-lands that lie to the west- 
ward of the aforesaid seven mile line, and to the northward of 
the west line, drawn from the north-west corner of the town of 
Providence, and bounded north on the Province of the Massa- 
chusetts Bay, and west on the colony of Connecticut, be, and 
they are hereby erected and incorporated a town, and called 
by the name of Glocester; and the inhabitants thereof, for 
the time being, shall have and enjoy the like liberty with other 
towns in this colony, agreeably to our charter. 

And it is further enacted, that the justices of the peace of 
each of the respective towns of Smithfield, Scituate and Glo- 
cester, grant forth a warrant in some convenient time, to call 
the inhabitants of each town together, to choose and elect their 
town officers, as they shall have occasion for, as the law directs, 
and to appoint the times of their town meetings, and the pla- 
ces ; and each of the towns to send two deputies to the next 
General Assembly ; and so on, as by the charter is ordered. 

And that Major William Smith and Capt. Richard Water- 
man, take with them a surveyor, and from the north-west cor- 
ner of Providence town, they run up a line to Connecticut 
colony, west, six degrees north, according as the Assembly has 
ordered and appointed the same. 

And that Providence send one grand and one petit juryman 
to the superior courts ; Smithfield the same, and Scituate and 
Glocester each one petit juryman ; and Providence to send four 
grand jurors and three petit jurors to the inferior courts ; 
Smithfield two grand, and two petit jurors ; and Scituate one 
grand juror, and one petit juror ; and Glocester the same. 

And be it further enacted by the authority aforesaid, that 
the towns of Providence, Smithfield, Scituate and Glocester, 
have each their proportion of the interest of the bank money 
appropriated to the use of the towns of this colony, according 
to the sums that the lands lying in each town are mortgaged 



1731.] AND PROVIDENCE PLANTATIONS. 445 

for ; and that what money the town treasurer of Providence 
has advanced for the town before the division thereof, be re- 
paid him out of the whole interest money, before division 
thereof be made. 

Ordered, that Col. Wm. Coddington and Mr. Jahleel Brenton, 
Jr., be, and they are hereby appointed a committee to exchange 
all the Province bills and good bills of this colony (now in the 
hands of the grand committee) for old money of this govern- 
ment, in order that the same may be burnt before the rising of 
this Assembly. 

Ordered, that Mr. John Wickes, Capt. Joseph Whipple, Mr. 
Stephen Brownell and Mr. Stukeley Stafford, be a committee 
to view William Borden's works and preparations for duck 
manufactory, and make report thereof to this Assembly. 

An Act appointing commissioners on the part of this colony, 
to meet with the commissioners of the Province of the Mas- 
sachusetts Bay, and to settle the eastern division line of this 
colony, between this colony and the said Province. 
For the speedy and amicable settling whereof, it is enacted 
by the General Assembly of this colony, that William Wanton, 
Benj. Ellery, Henry Bull, Samuel Clarke, Jonathan Sprague 
William Jenckes, Esqs., and Capt. Daniel Abbott, or the major 
part of them, be, and they are hereby fully authorized and em- 
powered to meet with the commissioners of the Province of the 
Massachusetts Bay, and with them to make and finally settle 
and ascertain the east bounds of this colony, between this colony 
and that part of the Province of the Massachusetts Bay, former- 
ly Plymouth colony; and such agreement, settlement and accord, 
so made by them, and under their hands and seals, completed, 
shall be final and conclusive, and be so read by this government. 
And it is further enacted, that the inhabitants of those lands 
controverted between the said governments, be discharged from 
all rates and taxes on the part of this government, and all pro- 
cesses thereon, in the mean time. 

Upon the petition of Capt. Oliver Babcock and Capt. Wm. 
Clarke, setting forth to this Assembly the necessity of re-build- 



446 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

ing Pawcatuck bridge, which is now quite gone to decay, and 
rendered impassable, either for man or horse, and praying that 
a sufficiency of money may be drawn out of the general treas- 
ury for re-building this government's part thereof; — 

It is voted and enacted, that there be allowed and drawn out 
of the general treasury, a sufficiency of money for building the 
one half of said bridge, in case the colony of Connecticut will 
build the other half; and that the colony of Connecticut be ac- 
quainted therewith. 

Whereas, it has been allowed to appeal from the judgment 
of the justices upon a judgment given on persons guilty of pro- 
fane swearing or cursing, and upon persons that labor on the 
first day of the week, or use any unlawful recreation thereon ; 
and also, those that have been convicted of galloping, which is 
found to be very troublesome, and tends to the perversion of 
justice ; — 

For the preventing whereof for the future, be it enacted by 
the General Assembly and by the authority thereof, that hence- 
forward no person whatsoever shall have the liberty of appeal- 
ing from any judgment given against him by any justice or 
justices of the peace, on being convicted of any of the aforesaid 
crimes. 

Ordered, that all the general laws of this colony, which have 
been made since the laws were printed, be forthwith put in 
print after the rising of this Assembly, and that the former 
committee have the oversight of the same. 

Ordered, that Capt. Benjamin Ellery, Capt. Joseph Whipple, 
Mr. George Haszard and Mr. Teddeman Hull, be, and they are 
hereby appointed a committee to tell over the money in the 
grand committee's hands, in order to be burnt. 

An Act enabling the general treasurer of the colony for the 
time being, to sue for the interest of the colony's money, and 
other business of the government, at any of the inferior 
courts or superior courts in this colony, &c, and for regula- 
ting fees in all cases where those are concerned, who have 
hired money of the colony, and shall be sued for the same. 
[Public laws, 1730, p. 220.] 



1731.1 AND PROVIDENCE PLANTATIONS. 447 

His Honor, the Governor, is desired to write an answer to 
our agent's letter, relating to the Barbadoes petition, and the 
remarks thereon ; and also to inquire of him for what reason 
the queries were sent to this government respecting the num- 
bering of the people, &c. 

Ordered, that Ninegret, Indian sachem, be notified to appear 
at the next session of this Assembly, in order to take advice 
concerning his land. 

God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the Uh 
day of May, 1731. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Col. Wm. Wanton, Major Job Greene, 

Mr. Samuel Vernon, Mr. John Wickes, 

Major William Smith, Capt. William Hall, 

Mr. George Cornell, Mr. House Helme. 
Mr. Wm. Anthony, 

James Weeden, Samuel Coggeshall, James Kirby, William 
Korey, Joseph Scott, Abraham Redwood, Thomas Cranston, 
Thomas Tew, George Fitch, Nehemiah Marks, Edward Smith, 
William Turner, John Rider, Jr., George Stephens, Reuben 
Peckham, John Proud, John Gavit, Philip Underwood, James 
Honeyman, Jr., Alexander Tayler, Wm. Rogers, Robert Sisson, 
Jonathan Crandall, Joseph Tillinghast, Jr., Jno. Brown, son of 



448 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

James, and John Lawrence, all of Newport, are admitted free- 
men of this colony. 

Capt. John Field, of Providence, admitted freeman of this 
colony. 

David Lake and William Shrievc, both of Portsmouth, ad- 
mitted freemen of this colony. 

John Greene, son of Richard, Rowland Barton, Samuel Col- 
lins, William Arnold, son of Elisha, Robert Wicks, Samuel 
Warner and Sampson Batty, all of Warwick, are admitted free- 
men of this colony. 

Henry Sumerall and Samuel Hopkins, both of East Green- 
wich, are admitted freemen of this colony. 

William Hern, Thomas Bab cock, Joseph Lewis, Jr., Jonathan 
Manon, Jr., William Pendleton, Bryant Pendleton, William 
Brand, Benony Smith, Joseph Crurne, Robert Lillibridge, John 
Crandall, Jr., and Joseph Clarke, all of Westerly, are admitted 
freemen of this colony. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 1st 
Wednesday of May. 1731. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

DEPUTIES. 

For Neivport. Capt. Joseph Whipple, 

Mr. George Goulding, Capt. James Clarke, 

Capt. Benjamin Ellery, Mr. Thomas Coggeshall. 
Mr. Nicholas Easton, 



1731.] 



AND PROVIDENCE PLANTATIONS. 



449 



For Providence. 
Mr. John Potter, Jr., 
Capt. Jabez Bowen, 
Mr. John Thornton, 
Mr. William Rhodes. 
For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Joseph Dennis, 
Mr. Stepen Freeman, 
Mr. Daniel Pearce. 
For Warwick. 
Mr. John Warner, 
Capt. Othniel Gorton, 
Mr. John Rhodes, 
Capt. Joseph Stafford. 

For Westerly. 
Major Joseph Stanton, 
Mr. William Champlin. 
For New Shoreham. 
Capt. Simon Ray, 
Capt. Thomas Rathbone. 



DEPUTIES, 

For North Kingstown. 
Mr. Job Tripp. 

For South Kingstown. 
Mr. George Haszard, Jr., 
Capt. Jno. Potter. 

For East Greenwich. 
Major Thomas Frye, 
Mr. Thomas Spencer. 
For Jamestown. 
Mr. Samuel Clarke, 
Capt. Teddeman Hull. 

For Smithfield. 
Mr. Jonathan Sprague, Jr.. 
Mr. William Arnold. 
For jScitnate. 
Mr. Joseph Wilkinson. 

For Glocester. 
Mr. Elisha Knowlton, 
Mr. Walter Phetteplace. 



Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

The following officers were declared elected, and duly 
engaged. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 



Col. William Wanton, 
Mr. Samuel Vernon. 
Major Wm. Smith, 

VOL. IV. 



ASSISTANTS. 

Col. Nicholas Power, 
Mr. George Cornell, 
Mr. William Anthony. 

57 



450 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 



ASSISTANTS. 

Major Job Greene, Major William Hall, 

Mr. John Wickes, Mr. Rouse Helme. 

SECRETARY. GENERAL TREASURER. 

Richard Ward. Mr. Abraham Borden. 

GENERAL ATTORNEY. 

Mr. Daniel Updike. 

Voted, that Col. William Wanton, Major Thomas Frye and 
Lieut. Col. Joseph Stanton, be a committee to survey several 
pieces of land in Westerly, which Ninegret, sachem, proposes 
to sell and dispose of, and make report to the next session of 
this Assembly. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the second Mon- 
day in June, 1731. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for laying a duty on strong beer, ale, &c, imported 
nto this colony from the neighboring governments. 

Whereas, Col. Wanton, Major Thomas Frye and Col. Joseph 
Stanton, were appointed a committee to survey several pieces 
of land, in Westerly, which Ninegret, Indian sachem, proposes 
to sell, and in pursuance thereunto, said committee having 
made report to this Assembly with three plats thereof; — 

It is therefore voted and ordered, that said report be accept- 
ed, and that said committee be still continued, and appointed 



1731.] AND PROVIDENCE PLANTATIONS. 451 

to assist said Ninegret in selling said land, or any part thereof ; 
and that notifications be set up in every town in this colony 
forthwith, advertising of the sale of said land. 

And it is further ordered, that Ninegret, with the advice and 
consent of said committee, have full power to sell two acres of 
land that Stephen Wilcox formerly bought of Ninegret, the late 
Indian sachem, deceased, where the iron works stood. 

Whereas, Col. William Wanton, Major Thomas Frye and Col- 
Joseph Stanton (who were appointed to assist Ninegret, Indian 
sachem, in selling some lands), presented a plat of said Nine- 
gret's lands, containing three thousand one hundred and fifty- 
eight and three-quarter acres, dated the 14th day of June, 
1731, a piece of said land taken off of the east corner of said 
plat, containing three hundred acres, which Col. Joseph Stanton 
purchased of the late Ninegret, Indian sachem, deceased, is 
ordered by this Assembly to be confirmed to the said Jos. 
Stanton. 

The committee appointed by this Assembly for running the 
lines and dividing the out-lands of the town of Providence into 
three towns, reported as followeth, viz. : 

We, the subscribers, on or about the 1st of March, last past, 
took with us Lieut. Elisha Knowlton, surveyor, and two others, 
to help carry on the work, and went and begun at the place 
where the lines called the seven mile line, in Providence, meets 
with Warwick north line ; and from thence measured eight 
miles and an half northward, as the said seven mile line was 
formerly run, which reached forty rods a little to the westward 
of north from John Mathewson's house, where we made a 
monument of stones raised in a great heap ; and from said 
heap of stones, we run a line east one degree and an half north, 
to a small white oak tree, marked, standing by the side of 
Pawtucket river, with stones about it, a little southward of 
the wading place that goes over said river, at the place 
called the Ware ; and also from said monument, or heap of 
stones, which is now the north-west corner of the town of Prov- 



452 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

idence, we run a line west six degrees north, to the dividing lines 
that are betwixt Connecticut and this colony, and there raised 
a monument of stones one hundred rods south from the south 
end of a pond that is in the colony line near Killingly ; and 
we finished the work on the 11th day of March, being seven 
days in completing the same, with five hands ; that is, two be- 
sides the surveyor and ourselves, for which we charge £5 per 

day £35 00s. 

Besides two days charged for a surveyor, that was 
spent before, in finding the course from said 
heap of stones to Pawtucket river 1 04 



£36 04 



WM. JENCKES, 
RICHARD WATERMAN. 

Voted and ordered, that the afore-written report be accepted, 
and that the account of £36 4s. be reduced to £30 ; and that 
the same be paid out of the general treasury. 

Voted and ordered, that Col. Nicholas Power, Mr. Wm. An- 
thony, Major Thomas Frye, Capt. Benjamin Ellery and Col. Jo- 
seph Stanton, be, and they are hereby appointed a committee 
to audit Major William Smith's account, relating to the county 
court house and jail, in Providence, and make report to this 
Assembly as soon as may be with conveniency. 

Whereupon, the said committee reported to this Assembly 
that said Major Smith's whole account of charge for the build- 
ing said county court house and jail, amounted to £664 9s. ; 
whereof, there remained due to said Major Smith, upon bal- 
ance, the sum of £264 9s. 

Upon which, it is voted and ordered, that the said £364 9s. 
be paid. 

Forasmuch, as the Province of the Massachusetts Bay, hav- 
ing by their commissioners refused to run and settle the line 
between this colony and that part of the Province, late Ply- 
mouth colony, and there being an act of each government that 



1731.] AND PROVIDENCE PLANTATIONS. 453 

these people that live on the land controverted, should be ex- 
empted from all processes for rates and taxes to either govern- 
ment, till the same be done ; — 

It is therefore enacted by the General Assembly, and it is 
hereby ordered and declared, that Justice Jonathan Sprague, of 
Smithfield, do set up prohibitions in several public places on 
those lands in controversy, forbidding any persons whatsoever, 
from levying any rates or taxes in any of said land, or the per- 
sons of any living thereon, or exercise any jurisdiction therein, 
until the boundary between the said two governments be 
decided. 

And be it further enacted by the authority aforesaid, that if 
the Province of the Massachusetts Bay shall appoint and au- 
thorize commissioners on their part for the settling of the 
same, then the following commissioners shall be appointed by 
this Assembly, viz : 

Col. William Wanton, Benjamin Ellery, Henry Bull, Samuel 
Clarke, Jonathan Sprague, Jr. and William Jencks, Esqrs., and 
Lieut. Col. Daniel Abbott, be, and they are hereby fully au- 
thorized and empowered to meet with such commissioners as 
shall be appointed by the Province of the Massachusetts Bay ? 
and with them finally to compromise, make, settle and ascer- 
tain the eastern bounds of this colony, between this colony and 
that Province ; and such settlement and agreement, under their 
hands and seals, shall be final and conclusive, and so received 
by this colony. 

And this Assembly do appoint Mr. Richard Ward and Col. 
Daniel Updike, to prepare and make ready whatsoever is need- 
ful and necessary, to represent the same to His Majesty, in 
Great Britain, for his decision thereon ; and that the Governor 
write to our agent about it, if the Massachusetts and this colo- 
ny do not agree about it here : — 

Provided, the persons inhabiting the land in controversy, ad- 
vance £200, to carry it on ; and that substantial men of this 
government give good security to the general treasurer, to the 
value of £'4,000, current money of New England, to supply the 



454 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

colony from time to time, with sums of money as shall be fur- 
ther needful and necessary to carry on said affair. 

An Act regulating the assize of casks, and preventing deceit 
in packing beef, pork and fish for sale. [Public laws, 1731 ? 
p. 230.] 

An Act for emitting £60,000, in public bills of credit. [Pub- 
lic laws, p. 231.] 

"Whereas, James Cranston, naval officer of the colony, has set 
forth to this Assembly, that near a twelve-month since, one Mr. 
Iioyall imported into this colony forty-five negroes, on which 
there was a duty of £o per head, and not long after, sixteen of 
said negroes were transported into the Province of the Massa- 
chusetts Bay, where there is a duty payable also ; and prayed 
for directions how to proceed in said affair ; — 

Upon consideration whereof, it is voted and ordered, that the 
duty to this colony of the said sixteen negroes transported in- 
to the Massachusetts Bay, as aforesaid, be taken off and remit- 
ted ; but that he collect the duty of the other twenty-nine. 

An Act for the size of clapboards and shingles, and the better 
regulating the measuring of boards, plank, timber, &c. 
[Public laws, 1731, p. 235.] 

An Act for the laying a duty upon sugar manufactured in the 
neighboring governments, and imported into this colony. 

Ordered, that £200 be remitted to our agent in Great Brit- 
ain, and the same be drawn out of the money now in the treas- 
ury, for the exchanging of £b and 40s. bills, and be paid again 
when interest money comes in ; and that Mr. Goulding and 
Capt. Whipple, be, and they are hereby appointed to draw and 
send said money in silver, or by bills of exchange, as they shall 
think best. 



1731.] AND PROVIDENCE PLANTATIONS. 455 

An Act for raising the fines of enlisted soldiers of the trained 
bands in this colony. [Public laws, 1731, p. 237.[ 

An Act empowering the town councils of Smithfielcl, Scituate 
and Glocester, to lay out their highways in the same man- 
ner as Providence. [Public laws, p. 237.] 

An Act for the relief of debtors, by making composition with 
their creditors in case two-thirds in number and value do 
agree. [Public laws, 1731, p. 238.] 

Upon the petition of William Borden, setting forth to this 
Assembly, that the carrying on of the duck manufactory is so 
chargeable, that without a further supply of money, it must in- 
evitably fall, to his great loss and damage, and praying relief 
in the premises ; — 

It is voted and ordered, that the bills of public credit which 
was granted to the said William Borden, for carrying on the 
duck manufactory, be still continued to him, without interest, 
as was first granted, for ten years ; and that the injunction for 
making one hundred and fifty bolts of duck, per year, cease ; 
but that the bounty be still continued for what duck he shall 
make within said term ; and at the end of the said ten years, 
to pay in the money, according to the former act by which said 
money was granted. 

An Act for securing the interest of the second bank for the 
three years yet to come, before the payment of any part 
thereof. [Public laws, 1731, p. 239.] 

God save the King. 



456 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 3d day 
of Any list, 1731. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

This Assembly having considered an addition at the foot of 
the act of Assembly, made and passed on Monday, the 14th 
day of June, 1731, entitled "An act for the emitting £60,000, 
in public bills of credit," &c, entered in these words, " His 
Honor, the Governor, dissents from the said vote," do declare 
the same to be no part of said act of Assembly ; and that the 
said act be no ways encumbered thereby, but that the said dis- 
sent be deemed null and void, for the following reasons : 

1st. For that the said act of Assembly was made and 
passed at the session began as aforesaid, on the 14th day of 
June, 1731, and continued till the 24th day of said June, and 
no longer, as may appear by the records of said Assembly ; 
and that during said time the General Assembly were not ap- 
prised, or knowing of any dissent, but caused said act to be 
published, and the same has taken effect, and proceedings have 
been made thereon, accordingly. 

2d. For that it appears said dissent was given in to the sec- 
retary, and entered on the 25th day of said month of June, 
which was one day after the rising of the said General Assembly, 
which is conceived inconsistent with all rule and methods of 
proceedings ; it not being in the power of the legislative au- 
thority to act except when duly convened, much less for any 
single member to encumber any act by dissenting or protest- 
ing after the rising of the court. 

3d. For that it is not clear what vote said dissent referred 
to, there being many votes preceding the same. 

4th. For that the aforesnid post entry of said dissent, de- 



1731.] AND PROVIDENCE PLANTATIONS. 457 

prived the General Assembly of the benefit of considering the 
consequence thereof. 

[Great dissatisfaction seems to have been caused among many of the colonists on 
account of the emitting of bills of credit upon land security. It appears from a let- 
ter written September 2, 1731, by Mr. Kay, the collector of the customs in New- 
port, to the board of trade, that the amount of these bills then outstanding, exceed- 
ed £ 1 20,000 ; and although the King had commanded the governments of the 
American colonies not to issue any more of this paper, the Assembly of RhodeJIs- 
and, at their session passed an act for emitting £60,000 more, upon land security ', 
to which Gov. Jenckes would not give his sanction. The following memorial was 
then transmitted to the board of trade. — J. R. B.] 

Memorial of Nathaniel Kay, and others, to the Board of Trade. 

Rhode Island, in New England, August 30th, 1731. 
Right Honorable : We, having presented a memorial at the last session of our 
General Assembly of this colony, to prevent the emitting of more bills of credit, to 
be let out at interest, upon land security ; and having no redress from that honora- 
ble body, but on the contrary another public act made by them, for emitting 
£60,000, have presumed, by the hands of Mr. Thomas Sandford, merchant, in Lon- 
don, to lay before your Lordships our memorial presented to the General Assem- 
bly, after their reading of which, and hearing our counsel's arguments thereon, they 
made said act, and have emitted the money without the assent of the Governor ; 
who hath now addressed himself to our gracious Sovereign Lord the King, in a let- 
ter enclosed with our papers, to Mr. Sanford. 

We cannot but observe to your Lordships, that after we had taken out copies of 
our memorial, and the papers referred to, put in with it ; as likewise a copy of the 
said act, with the Governor's dissent thereunto, which was given us by the secre- 
tary, with proper attestations. 

The deputy governor, John Wanton, Esq., hearing of these proceedings, imme- 
diately summoned in the General Assembly, which the Governor would not do ; and 
the said Assembly took away all our attested copies before mentioned, made an ad- 
dition to their act, and ordered our memorial to be dismissed in this torn and tat- 
tered manner, which we humbly conceiving to be exceeding injurious to His Maj- 
esty's faithful and loyal subjects, and presuming upon your Lordships' patronage, 
have made our most humble and most dutiful petition tcf our gracious sovereign, 
and praying your Lordships' favor for Mr. Sandford's access, and having no other 
view but what is set forth in our humble memorial. 

If any objection be made against it, we humbly pray for a favorable hearing, that 
we may approve ourselves, 

Your Lordships' most obedient and humble servants, 
Nathaniel Kay, Nath'l Newdigate, John Freebody, 

Peter Bours, John Brown, Jr., Benjamin Norton, 

Edw. C. Searegreas, Abr'm Redwood, Christopher Almy, 

Jona. Tillinghast, Simon Pease, Job Almy, 

Wm. Almy, Philip Tillinghast, Jr., Daniel Ayrault. 

John Lawrence, John Tillinghast, 

■ Chaloner, Wm. Ellery, 

VOL. IV. 58 



458 RECORDS OF THE COLONY OF RIIODE ISLAND [1731. 



Letter from Governor JencJces to King George the Second. 

To the King's Most Excellent Majesty. The humble address and petition of Jo- 
seph Jenckes, the present Governor of Your Majesty's colony of Rhode Island 

and Providence Plantations, in New England, in America. 

May it please Your Majesty : As I have at all times endeavored steadily to serve 
Your Majesty's royal instructions sent to me, as also the instructions of Your Maj- 
esty's royal predecessors, directed to the several Governors of this colony, so I shall 
ever account it my duty to have the like regard to such further instructions and di- 
rections as Your Majesty may judge proper to send me ; fully persuading myself" 
that l r our Majesty's regard for the well managing the public affairs of this Y r our 
Majesty's colony is such, that the Governors hereof shall not miss of proper direc- 
tions for the same, in any case wherein they meet with difficulty, in case they apply 
themselves to Your Majesty for the same. 

And there having of late been an act passed by the General Assembly of this 
Your Majesty's colony, for the emitting a great number of paper bills of credit, 
notwithstanding the great endeavors used to prevent it, both by myself and many 
others of Your Majesty's good subjects, inhabitants of this colony. 

For which reason, several of the said inhabitants applied themselves to the secre- 
tary of this colony for a copy of the aforesaid act, with several other copies, in order 
to send them to Your Majesty ; and when the secretary had drawn the said copies, 
he sent to me tor an order for the affixing the colony seal thereto, to certify that he 
is the secretary of this colony, and that good faith and credit ought to be given to 
his attestations, &c. ; and accordingly I gave the order. 

But it was no sooner known to two of the members of our general council, gen- 
tlemen desirous of popularity, and to be accounted the prime agents in preserving 
of our charter privileges, but they caused the news thereof to spread throughout the 
colony, declaring that the Governor had endangered the loss of our charter by or- 
dering the colony seal to be set to a complaint against the government, in order to 
be sent to Your Majesty ; the which action of theirs, has occasioned me much trou- 
ble, and hath caused many of the inhabitants to be highly displeased with me. In- 
deed, I am ashamed that I should be laid under a necessity to trouble Y^our Majesty 
with a matter of so inferior a nature, but for my own just vindication, I am obliged 
hereto. I do, therefore, with the greatest submission, humbly pray, that Your 
Majesty may graciously please to give your royal determination upon three par- 
ticulars. 

1st. Whether any act passed by the General Assembly of this colony, may be 
judged valid, the Governor having entered his dissent from it, at the time it was 
voted. 

2d. Whether or no the Governor of this colony, may with safety disallow or re- 
fuse setting the colony seal to copies taken out of the secretary's office, and attested 
by him, in order to be sent to Your Majesty. 

3d. Whether it be the Governor's duty to examine all such copies before he or- 
ders the colony seal to be set thereto ; the secretary which attests tbem, being an 
officer under oath. 

Your Majesty's royal determination hereon, will, with great thankfulness be ac- 



1731.] AND PROVIDENCE PLANTATIONS. 459 

cepted both by myself, and many others of Your Majesty's good subjects ; and I 
humbly pray that it may be as soon as Your Majesty's more weighty affairs may 
admit ; I having given the government, at our last election, public notice that I 
should serve them no longer than this year. 

And that the Almighty God, by whom kings reign, may ever preserve and bless 
Your Majesty's royal person and government, and grant that Your Majesty's reign 
may be peaceable, long and prosperous over all your subjects, and that when it 
pleaseth him to call you from this earthly crown, you may enjoy an heavenly one, 
which will endure till time shall be no longer, is, and ever shall be the prayer of 
May it please Your Majesty, &c, JOSEPH JENCKES. 

Newport, Rhode Island, August 20, 1731. 

Address and petition from the Governor and inhabitants of Rhode 
Island, to King George Id. 

Rhode Island, in New England, August 30th, 1731. 
To the King's Most Excellent Majesty. The petition of several gentlemen, mer- 
chants, tradesmen and others, inhabitants of Rhode Island, within the colony of* 

Rhode Island and Providence Plantations. 

Most Gracious Sovereign : We, Your Majesty's most dutiful and loyal subjects 
humbly crave leave in behalf of ourselves and others, inhabitants within this colony, 
to lay before Your Majesty the great wrongs and grievances we have lain under, 
and the damages we have sustained within these twenty years last past, by the 
excessive emitting of bills of public credit on this colony, and enforcing the same by 
several acts of our General Assembly, to pass in payments in equal value with silver 
money since the beginning of the year 1710, to the beginning of May, 1731. 

And we humbly crave leave to inform, that in and before the year 1710, the cur- 
rent money of this and the neighboring governments in New England, was silver 
money, at eight shillings per ounce ; but since the said time, this colony having, by 
their several acts of General Assembly, caused to be made and emitted the sum of 
£195,300 in bills of public credit, of this colony, besides the £60,000 by the late act, 
ordered to be emitted, and by the said acts enforced them to be taken in pay- 
ments in equal value to the silver -money then current ; by reasons thereof, the 
said silver money, which was formerly eight shillings per ounce, has been gradually 
raised to about twenty shillings per ounce, in exchange for said bills of credit. 

To prevent therefore, the further emitting of more bills of credit, your petition- 
ers did, at the last session of our honorable General Assembly, held at Newport, the 
5th day of May, 1731, present a memorial from ourselves and several others, Your 
Majesty's subjects in this colony, to the said General Assembly, therein setting forth 
our grievances, and the great damages sustained, not only by ourselves, and others, 
inhabitants within this colony, but also by the merchants of Your Majesty's king- 
dom of Great Britain, trading to these parts, by the emitting of said bills, praying 
the said General Assembly would put a stop to the further emitting of such bills. 

Notwithstanding which, and having heard our counsel thereupon, they proceed- 
ed to pass an act without the assent of the Honorable Joseph Jenckes, Esq., our 
Governor, for the emitting of another bank of £G0,000, in bills of public credit, to 
be let out upon loan (as most of their former were), for ten years. 

Whereupon your petitioners, making known their intentions to address Your 



4C0 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 

Royal Majesty, for relief, and having taken out copies of our said memorial, and the 
other papers laid before the said General Assembly, therewith, and also a copy of 
the said act of the General Assembly, attested, under the hand of Richard Ward , 
Esq., secretary, John Wanton, Esq., our deputy governor (on our honorable Gov- 
ernor's refusal), summoned a General Assembly, who met the 3d day of this pres- 
ent August, at Newport, and took away all our said attested copies, forbidding the 
seal of this colony to be affixed to them (which used to be affixed to all papers and 
records of any courts in this colony, when sent to England, to certify their being 
true copies), and then rejected our said memorial, ordering the clerk of their As- 
sembly to re-deliver it to us, taking a receipt for the same. 

All which proceedings, we humbly conceive, are highly derogatory to Your Maj- 
esty's royal prerogative, the laws of Great Britain, and the right of Your Maj- 
esty's subjects. 

1st. In that by the said several acts of Assembly, the royal proclamation put 
forth by our late sovereign lady, Queen Anne, bearing date the 18th day of June» 
1704, and confirmed by an act of Parliament, made in the sixth year of her reign, 
entitled " An act for ascertaining the rates of foreign coins, in Her Majesty's plan- 
tations in America," is eluded, and rendered of no force. 

2d. For that the said acts of Assembly are directly contrary to an order in coun- 
cil, made the 19th day of May, 1720, by our late sovereign lord, King George, Your 
Majesty's royal father, against the passing any laws whereby bills of credit may^be 
struck or issued by any of the governments in America, without a clause inserted 
therein, declaring such acts shall not be in force until approved and confirmed by 
the royal assent , and the order thereupon sent to our late honorable Governor, 
iSamuel Cranston, Esq., deceased, and Company, in the year 1724. 

3d. And also for that said acts are disagreeable with Your Majesty's late in- 
structions to the Honorable Jonathan Belcher, Esq., Governor of Your Majesty's 
Province of the Massachusetts Bay, ordering that the said Province (which by com- 
putation is eight times as large as our colony) should not have out in bills of credit 
at one time more than the sum of £30,000. All which was laid before the said 
General Assembly by your petitioner's counsel in pleading for the said memorial. 

And your petitioners, and others, having in our late memorial to the General As- 
sembly of this colony, set forth our grievances and offered our reasons against 
emitting more bills of credit, we have transmitted the same as received from the 
said General Assembly, after their having rejected it, begging leave to lay the same 
at your royal feet, for your wise and gracious consideration of the justice of our 
complaint, and of the evils that must attend this colony if not timely prevented by 
putting a stop to the emitting of more bills. 

And your petitioners humbly crave leave to add one reason of the little hopes 
we have, that an end should be put to emitting of bills of credit by our General 
Assembly, or that justice should be done us by them, is, that by an act of the Gen- 
eral Assembly, made the first Wednesday in May, 1 728, the £40,000 emitted in the 
year 1715, was continued at interest for three years longer, than by the first act3 
were limited ; and by another act made the third Tuesday of June, 1728, the £40,- 
000 emitted in the year 1721, is continued at interest for eight years longer than 
by the said act was at first limited ; and that afterwards, both the said banks of 
£40,000 each, shall be sunk by payment of the principal in ten years, at ten per 
cent, every year, without any interest. 

And the £40,000 emitted in May, 1728, should be under the same regulation, by 



1731.] AND PROVIDENCE PLANTATIONS. 461 

which means, the credit of said bills have been so sunk in value, and the price' of 
every thing bought with them, so raised, as must destroy the trade and ruin this 
colony, if not timely prevented. 

All which, most gracious sovereign, we humbly crave leave to lay before Your Maj- 
esty, praying that out of your great wisdom and tender regard to your subjects in these 
parts of America, you would be pleased to lay your royal commands on this govern- 
ment not to emit any more bills of public credit ; and that the bills of credit already 
emitted, be paid in according to the several respective acts, whereby they were first 
emitted, that thereby an end may be put to our sorrows, and the tranquility of this, 
Your Majesty's colony, re-established as in former times ; and we, and all Your 
Majesty's subjects lying under the present oppression, as in duty bound, shall ever 
most heartily pray, &c* 

Nathaniel Kay, John Freebody, John Tillinghast, 

John Brown, Jr., Benjamin Norton, William Almy, 

Abraham Redwood, Christopher Almy, John Lawrence, 

Simon Pease, Job Almy, ■ — Chaloner, 

Philip Tillinghast, Jr., Daniel Ayrault, Nathaniel Newdigate. 

John Tillinghast, Peter Bours, 

William Ellery, Edw. C. Searegreas, 

[This memorial, with a letter from Governor Jenckes, and the colony's charter 
were referred to the attorney and solicitor general, P. Yorke and C. Talbot, with 
directions to consider and report on the same. On the question " whether any act 
passed by the General Assembly of the colony may be considered valid, 1he Gov- 
ernor having entered his dissent from it at the time it was voted," the crown officers 
in giving their opinion, say, "In this charter, no negative voice is given to the Gov- 
ernor, nor any power reserved to the crown of approving or disapproving the laws 
to be made in this colony. We are therefore of opinion, that though by the char- 
ter, the presence of the Governor, or in his absence of the deputy governor, is ne- 
cessary to the legal holding of a General Assembly ; yet, when he is there, he is a 
part of the Assembly, and included by the majority ; and consequently, that acts 
passed by the majority of such Assembly, are valid in law, notwithstanding the 
Governor's entering his dissent at the time of the passing thereof." 

As to the question stated, " whether His Majesty hath any power to repeal or 
make void the above mentioned act of Assembly, we humbly conceive, that no pro- 
vision being made for that purpose, the crown hath no discretionary power of re- 
pealing laws made in this province ; but the validity thereof, depends upon their not 
being contrary, but as near as may be, agreeable to the laws of England, regard be- 
ing had to the nature and constitution of the place, and the people. Where 
this condition is observed, the law is binding ; and where it is not, the law is void 
as not warranted by the charter." 

On the question, as to the necessity of the Governor's setting or refusing the 
colony's seal to all public acts, or of examining these acts himself, before he orders 
the seal set thereto, the opinion of these officers was, that it was " the duty of T the 
Governor to set the colony's seal to such copies of acts as were attested by the sec- 
retary, in order to be sent to His Majesty; and that the examination and attesta- 
tion of the secretary are sufficient, without the personal examination of the Gov- 
ernor." — J. R. B.] 



* J. Carter Brown's Manuscripts, No, 502, 566, 567, Vol. VIII. 



462 RECORDS OF THE COLONY OF RHODE ISLAND [1731. 



Proceedings of ihe General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the last 
Wednesday of October, 1731. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Whereas, there was an act of Assembly passed in June, in 
the year 1729, for the stopping of a drift way, which was laid 
out in North Kingstown, by the town council of said town, with 
a ferry, which is found prejudicial ; — 

Be it therefore enacted by the General Assembly, that the 
aforesaid act be, and it is hereby repealed. 

Ordered and voted, that Mr. William Jenckes, be allowed 
,£100, out of the general treasury, for to build one half of a 
bridge at Pawtucket Falls ; and also so much more as shall be 
needed for the carrying on the said one half; and to render an 
account of the charges when the work is completed. 

Ordered, that His Honor, the Governor, and Col. Updike, 
draw an answer to the letter sent to the Governor, from the 
General Assembly of the Massachusetts Bay ; and that the sec- 
retary sign the same, to be viewed before sent, by the deputy 
governor, Col. Wm. Wanton, Mr. Vernon and such other, as 
the Governor shall think fit. 

Ordered, that the secretary grant forth copies relating to the 
gore of land between this colony and the Massachusetts Bay, 
to any person that demands the same. 

Ordered, that Mr. George Goulding and Mr. Joseph Whip- 
ple, be a committee to remit £200 to our agent, in silver or 
bills, as they shall think best, and draw money out of the 



1731.] AND PROVIDENCE PLANTATIONS. 463 

treasury sufficient for the accomplishing of the same, out of the 
bills made for exchanging £5 and 40s. bills, to be re-paid out 
of the interest money belonging to the colony. 

An Act for preventing of mischief being done in the town 
of Newport, or in any other town, in the government, by fir- 
ing of guns and pistols, and throwing of squibs, fire-works, 
&c. [Public laws, 1731, p. 240.] 

Ordered, that one of the colony law books be sent to our 
agent in Great Britain, to be laid before the lords commission- 
ers ; and as soon as the remainder of the laws are printed, they 
shall be sent home also. 

An Act in addition to an act, entitled " An act for emitting of 
£60,000 in public bills of credit," made and passed in this 
colony, in June, A. D. 1731. [Public laws, p. 242.] 

Ordered, that all the general laws of this colony, be prepared 
for the press by Richard Ward and Col. Updike, and be by 
them printed ; and that they agree with the printer as reason- 
ably as may be ; to be first viewed by the Governor. 

Philip Smith, Simon Smith, William Smith, John Waterman, 
Rowland Sprague, John Waterman, James Briggs, Jr., and 
William Burlingame, all of Providence, are admitted freemen 
of this colony. 

David Fish, Gideon Cornell, William Hall, Jr., David An- 
thony, Job Durfie and Benjamin Hicks, all of Portsmouth, are 
admitted freemen of this colony. 

Upon the reading of a letter from the General Assembly of 
the Province of the Massachusetts Bay, desiring and proposing 
that we release and set at liberty Henry Joslin and Joseph 
Neivel, who are imprisoned at Providence, for their illegal pro- 
ceeding (as we judge) on the gore of land, now in controversy 
betwixt us and the said Province, and considering the ill con- 
sequence that may ensue and attend the haling persons to 



464 RECORDS OP THE COLONY OF RHODE ISLAND [1731. 

prison on both sides, and that such proceedings will not end the 
said controversy, — 

It is therefore ordered, that the said prisoners be released 
and set at liberty ; and we expect that the General Assembly 
of said Province will do likewise, and remit the fines of those 
they imprisoned, and that they will not exempt themselves 
from the same rules and measures which they prescribe to us. 

And it is conceived necessary, for the preventing of such 
mischievous consequences as may probably attend this differ- 
ence, without further care, to take such methods as may be ef- 
fectual for that end, and for the settling said controversy, so 
that peace and neigborhood may ensue ; — 

Wherefore, it is considered and voted on the part of this 
colony, that a proposition be made to the great and General 
Assembly of the Province of the Massachusetts Bay, for the ac- 
commodating and ending the said unhappy difference, by indif- 
ferent men, chosen out of the neighboring governments, to ad- 
just and determine the same; and that such government obligate 
themselves by their own act, to abide by such determination ; 
and this Assembly being unwilling to be backward in this af- 
fair, whereon depends the peace and quietude of several of His 
Majesty's subjects, put to great difficulties by being called on 
by both governments, and being averse to all manner of con- 
tention, — 

Do nominate and appoint Col. Willett, of West Ches- 
ter, and Col. Isaac Hix and Mr. James Jackson, of Flushing, 
all in the Province of New York, to be a committee on the part 
and behalf of this colony, to join with the like number of such 
other persons as shall be nominated and appointed on the part 
and behalf of the said Province of the Massachusetts Bay, out 
of the neighboring governments, to order, agree, settle and deter- 
mine the aforesaid controversy concerning the jurisdiction of said 
gore of land, and the boundary line between the said two govern- 
ments, beginning at Pawtucket Falls ; and the agreement and 
determination of such commissioners, or the major part of them, 
shall be binding and conclusive on this colony, forever. 



1731.] AND PROVIDENCE PLANTATIONS. 465 

And in the mean time, all processes against the inhabitants 
of said gore, shall cease on the part of this colony, in case the 
said Province come into the same measures. 

And it is further voted and ordered by the authority afore- 
said, that in case the Province of the Massachusetts Bay shall 
refuse to enter into the aforesaid reasonable measures, which, 
without all doubt, would prove effectual for the ending of the 
aforesaid difference, then, that a state of the aforesaid case, up- 
on the part of this government, be drawn up by Col. Updike 
and Mr. James Martin, and presented to the General Assembly 
to be transmitted to the agent of this colony, with directions for 
laying the same before His Majesty, for a speedy determina- 
tion ; and the said committee are empowered to procure all ne- 
cessary copies for the effecting the same, from our own record, 
and those of the Province of the Massachusetts Bay. 

Whereas, there was an act of the General Assembly of this 
colony, passed in their session in June, in the year 1731, re- 
lating to the gore of land in controversy between this colony, 
and the Province of the Massachusetts Bay, wherein it was or- 
dered that a state of the case should be drawn up, to send to 
His Majesty, the inhabitants of said land advancing £200, and 
give £4,000 bond, for defraying the charge, and carrying o 
it on ; — 

Which aforesaid clause of the aforesaid act, and every part 
thereof, is hereby repealed, and declared null and void. 

This Assembly is adjourned to the town of Warwick, on the 
third Tuesday of February next. 

God save the King. 

[There is no record of a session of the General Assembly in 
February.] 

vol. iv. 59 



466 RECORDS OF THE COLONY OF RHODE ISLAND [1732. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 2d 
day of May, 1732. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Col. Win. Wanton, Major Job Greene, 

Mr. Samuel Vernon, Mr. John Wickes, 

Col. Nicholas Power, Capt. William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 
Mr. Wm. Anthony, 

Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

Peleg Peckham, Daniel Spooner, John Helme,.Daniel Rus- 
sel, Caleb Gardner, John Carr, Samuel Carr, Francis Bassal, 
Latham Thurston, Caleb Coggeshall, Thomas Jeffers, John 
Sheffield, William Coddington, Jr., Jacob Gould, James Tew, 
John Jeffers, John Whitehorn, Benjamin Haggar, John Brown, 
son of Nathaniel, Joseph Weeden, Jr., Edward Barker, Joseph 
Bond and Christopher Dickinson, all of Newport, are admitted 
freemen of this colony 1 . 

Capt. William Burroughs, Fearnot Packard, Charles Dyre, 
Ebenezer Sprague, Daniel Fisk, Peter Joy, Daniel Mathewson, 
son of John, Anthony Field, Stephen Colvin, Obadiah Olney, 
Elisha Thornton, Joseph Williams, son of James, Peter Tift, 
Stephen Dexter, Jr., John Waterman, Jabez Westcote, Joshua 
Turner, Jamos Olney, Jr. and Thomas Westcote, all of Provi- 
dence, are admitted freemen of this colony. 

David Greene, William Rice, Nathaniel Greene, son of Ja- 



1732.] AND PROVIDENCE PLANTATIONS. 467 

bez, Samuel Wightman, John Greene, son of Peter, Josiah 
Haynes and Elisha Johnson, all of Warwick, are admitted free- 
men of this colony. 

Stephen Austin, Joseph Whitford, Edmond Sheffield, George 
Codner, James Card, John Whitford, Stephen Northup, Jr., Be- 
nony Hall, William Haven, son of Joseph, Samuel Place, James 
Greene, Robert Morey, Samuel Ellis, Thomas Sweet, Jeremiah 
Smith, Francis Briggs, John Gould, John Mumford, John Bath- 
bun of Nesquaheague, Eleazer Colegrove, George Thomas, Jr., 
Nicholas Gardner, Jr., Samuel Shearman and John Eldred, Jr., 
all of North Kingstown, are admitted freemen of this colony. 

Joseph Slocum, Seth Jones, son of Jeremiah, George Gard- 
ner, Hezekiah Mattison, Thomas Wait, Benjamin Carr, John 

Spencer, son of Peleg, Edmonds, Christopher Vaughan, 

Jr., Stephen Sheppey and Peter Spencer, all of East Green- 
wich, admitted are freemen of the colony. 

John Wilson, Job Howland, Josiah Arnold, John Martin 
and Richard Tew, Jr., all of Jamestown, are admitted freemen 
of this colony. 

James King, Jr., John Hogg, Wait Smith, Andrew Brown, 
Daniel Walling, David Thornton, Cornelius Walling, Preserved 
Herndeen, William Comon, Amaziah Harris, Jonathan Olney, 
Michael Inman, Job Petteplace, Richard Steer, William Wal- 
ling and David Burlingame, all of Glocester, are admitted free- 
men of this colony. 

John Watson, Jr., James Helme, Daniel Worden, Ebenezer 
Smith, Ebenezer Niles, James Worden, Edmond Worden, Thos. 
Stedman, Stephen Champlin, Nathan Tanner and Geo. Shear- 
man, all of South Kingstown, are admitted freemen of the 
colony. 



468 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1732. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday in May, 1732. 

The Hon. Joseph Jenckes, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 



DEPUTIES. 



For Newport. 



Mr. George Goulding, 
Capt. Benjamin Ellery, 
Mr. Nicholas Easton, 
Mr. Joseph Whipple, 
Capt. James Clarke, 
Capt. Thomas Coggeshal]. 

For Providence. 
Capt. Richard Waterman, 
Mr. John Potter, Jr., 
Mr. John Thornton, 
Capt. Jabez Bowen. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Thomas Hix, 
Mr. Daniel Pearce, Jr., 
Mr. Gideon Cornel. 

For Warwick. 
Mr. William Greene, 
Capt. Othniel Gorton, 
Capt. Joseph Stafford, 
Major Anthony Low. 



For Westerly. 
Lieut. Col. Jos. Stanton, 
Mr. Wm. Champlin. 

For North Kingstown. 
Mr. Jeremiah Gould, 
Mr. Francis Willet. 

For South Kingstoivn. 
Major George Haszard, 
Capt. John Potter. 

For East Greenwich. 
Major Thomas Frye, 
Capt. Thomas Nickols. 

For Jamestown. 
Capt. Nicholas Carr, 
Mr. Samuel Clarke. 

Smithfield. 
Mr. Jonathan Sprague, Jr., 
Mr. James Aldrich. 

Scituate. 
Mr. Stephen Hopkins, 
Mr. Zachariah Rhodes. 

Glocester. 
Capt. John Smith, 
Mr. Job Com stock. 



1732.] AND PROVIDENCE PLANTATIONS. 469 

Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

Ordered, that the proxies from New Shoreham be dismissed, 
for not being returned by a deput}^, or person appointed by the 
meeting. 

The following officers were declared elected, and duly 
engaged. 

The Hon. William Wanton, Governor. * 
The lion. John Wanton, Deputy Governor. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. William Anthony, 

Mr. John Gardner, Major Job Greene, 

Mr. John Potter, Jr., Mr. John Wickes, 

Col. Nicholas Power, Capt. William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 

SECRETARY. GENERAL TREASURER. 

Richard Ward. Mr. Abraham Borden. 

GENERAL ATTORNEY. 

James Honeyman, Jr. 

SHERIFFS FOR THE SEVERAL COUNTIES CHOSEN. 

Newport county, — Jahleel Brenton, Jr., Esq., sheriff. 
Providence count}', — Capt. Daniel Abbot. 
Kings county, — Immanuel Northup, Esq. 

His Honor, the Governor, took the oath of trade and naviga- 
tion, in the presence of the general council. 

Voted and ordered, that Samuel Vernon, Benjamin Ellery, 
and Richard Waterman, Esqs., be, and they are hereby appoint- 
ed to receive of the late Governor, Joseph Jenckes, Esq., the 
charter, Fones records, and other papers, that belong to this 
colony, and deliver them to His Honor, our present Governor, 
William Wanton, Esq., which was done, accordingly. 



470 RECORDS OF THE COLONY OF RHODE ISLAND [1732. 

Voted and ordered, that His Honor, our late Governor, Jo- 
seph Jenckes, Esq., be allowed and paid out of the general 
treasury, the sum of £300, for his last year's service. 

Voted and enacted, that His Honor, the Governor, draw up 
an answer to our agent's letter ; as also an answer to all those 
papers sent home against the government, 

And that His Honor, the deputy governor, Samuel Vernon 
and John Gardner, Esqs., Mr. Speaker, Capt. Benjamin Ellery, 
Mr. Francis Willett, Mr. Gideon Freeborne, Capt. Joseph Whip- 
ple, and Capt. Nicholas Carr, or the major part of them, are 
hereby appointed a committee to view and correct those 
draughts to be drawn by the Governor, as aforesaid, in order 
to be sent to our agent ; and that they keep copies of the 
same, and present them to this Assembly, at their next 
session. 

An Act for the compliance with an act lately made by the 
General Court or Assembly of the Province of the Massa- 
chusetts Bay, held at Boston, the first Wednesday of De- 
cember, A. D. 1731. 

Whereas, there was an act made and passed by the said 
General Court or Assembly, of the Province of the Massachu- 
setts Bay, for the authorizing and empowering commissioners to 
determine the western boundary of the said Province, formerly 
the colony of Plymouth, and this colony adjoining ;- — 

For compliance wherewith, be it enacted by the General As- 
sembly and by the authority of the same it is enacted, that the 
commissioners, Ptoger Wolcot, of Windsor, Osias Pitkin, of 
Hartford, Esq., and Mr. Joseph Fowler, of Lebanon, all of the 
colony of Connecticut, as appointed by the General Assembly 
of said Province, are hereby complied with, to meet with Col. 
William Willett, of Westchester, Col. Isaac Hicks and Mr. 
James Jackson, of Flushing, all in the Province of New York, 
at such time and place as the said Roger Wolcot and Col. 
Willett shall appoint, to order, agree, settle and determine un- 



1732.] AND PROVIDENCE PLANTATIONS. 471 

der whoso jurisdiction and government the tract of land lying 
to the eastward of Pawtucket river, and now in controversy 
shall be, and remain after such determination. 

And be it further enacted, that all other parts of said act be 
complied with, saving that proviso made in said act, relating to 
the inhabitants or persons in possession of said tract or gore of 
land, pay all taxes that have been, or shall be laid on them , 
which by this act is also to be determined by the aforesaid 
commissioners. 

Provided, also, that the General Court or Assembly of the 
Province of the Massachusetts Bay, come into an act like to 
this, in substance. 

Voted and ordered, that the secretary, with the assistance of 
Mr. Speaker, write a letter to the General Assembly of the 
Province of the Massachusetts Bay, relating to the gore of 
land in controversy. 

Whereas, there was an act made and passed by the General 
Assembly, at their session, held at Newport, the 27th day of 
February, 1711, entitled a An act for laying a duty on negro 
slaves that shall be imported into this colony," and this Assem- 
bly being directed by His Majesty's instructions to repeal the 
same ; — 

Therefore, be it enacted by the General Assembly, and by 
the authority of the same it is enacted, that the said act, and 
every clause and article therein contained, be, and it is hereby 
repealed, made null and void, and of none effect for the 
future. 

Voted, that this Assembly be adjourned to the second Mon- 
day in June next, being the 12th day of said month, to New- 
port. 



472 RECORDS OF THE COLONY OF RHODE ISLAND [1732. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Neivport, the second Mon- 
day of June, 1732. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for drawing up the acts of Assembly. 

Be it enacted by the General Assembly, that the attorney 
general shall draw up all the acts of Assembly in form, in or- 
der to be engrossed, with Major George Haszard and William 
Greene, Esq., as a committee, appointed to assist him for the 
purpose aforesaid. 

Whereas, it appears that the sum of £1,066 remains to be 
due to this colony, from divers persons, who took and received 
money of the first bank, and have neglected to pay the second 
payment of the tenth part of said money ; as also, that no part 
of the third payment is accounted for, although the same hath 
been for sometime due ; — 

For the recovery whereof, be it enacted by the General As- 
sembly, and by the authority of the same it is enacted, that the 
grand committee for the time being, shall forthwith use all law- 
ful ways and means for the getting in and recovery of the money, 
as aforesaid, from all the persons from whom the same shall be 
due. 

Be it enacted by the General Assembly, that the account of 
the auditors appointed for the inspecting of the accounts of 
Fort George, is hereby accepted and received. 

Whereas, there is a petition preferred to this Assembly, by 
James Franklin, of said Newport, printer, setting forth therein 
the great charge he hath been put to, in providing himself ma- 
terials for carrying on printing in this colony, and that he has 
been always ready to serve the said colony in the service of 
printing, and is still ready to do the same ; — 



1732.] AND PROVIDENCE PLANTATIONS. 473 

For encouragement of the said petitioner, be it enacted by 
the General Assembly, and by the authority of the same it is 
enacted, that the sum of £20, at the year's end, be paid out 
of the general treasury, to the said James Franklin ; provided, 
he print therefor, twenty copies of what general acts shall be 
passed by the General Assembly within said term. 

Whereas, there was a motion made by Mr. George Goulding, 
informing the Assembly that he had a negro woman imported, 
but was obliged to transport her to North Carolina, she being 
lame, and not fit for service, requesting that the duties on said 
negro may be remitted ; — 

Be it enacted by the General Assembly, that the said motion 
is granted, and that the duty on the said negro is remitted. 

An Act for keeping in order, and preserving the works of Fort 
George, and disposing of the plank, lime, bricks, &c, that 
shall remain after said fort is finished. 
Be it enacted by the General Assembly, that the platform 
be caulked and payed with turpentine ; and at the end of the 
sleepers to be filled with stone or brick ; also, that there be a 
shed built, to keep the guns from the weather ; and that the 
horses, with one cart, be sold, and what plank now remains, to 
be carted together ; and if any lime or bricks be left after said 
work be done, the same be sold and put into the general treas- 
ury ; and Messrs. George Goulding and William Wanton, Jr., 
be, and they are hereby appointed a committee to procure the 
within mentioned work to be done, and the charges to be paid 
out of the general treasury. 

An Act for accepting the account of Mr. Rouse Helme, for 

the building of the county house, in King's county. 

Be it enacted by the General Assembly, that the account de- 
livered in by the said Rouse Helme, amounting to the sum of 
£791 2-5. otl, be hereby allowed of; and that the sum of £270 
19s. 3d, be paid out of the public treasury, the same being the 
full balance of his account. 

Whereas, there was a petition preferred by several of the 

VOL. iv. 60 



474 RECORDS OF THE COLONY OF RHODE ISLAND [1732. 

inn-holders or vintners, in this colony, setting forth the 
many inconveniences that many persons in this government 
have labored under by their extravagant expenses at taverns 
and other ale-houses ; — 

For preventing whereof, for the future, be it enacted by the 
General Assembly, and by the authority of the same it is en- 
acted, that if any inn-holder, retailer or ale-house keeper in this 
colony, trust any inhabitants of this colony for liquors above 
the sum of twenty shillings, all actions brought for the same, 
shall be barred. 

An Act for payment of the bounty upon flax and hemp raised 
A. D. 1731. [Public laws, 1744, p. 167.] 

An Act for review in real actions relating to titles of land. 
[Public laws, 1744, p. 168.] 

Be it enacted by the General Assembly of this colony, and by 
the authority thereof it is enacted, that in case the great and Gen- 
eral Court of the Assembly of the Province of the Massachusetts 
Bay, comply with the act of this Assembly, made and passed at 
their session in May last past, relating to the gore of land in 
controversy between this colony and that Province, that then 
His Honor, the deputy governor, Mr. Samuel Clarke, Mr. Rich- 
ard Ward and Mr. John Walton, or the major part of them, be, 
and they are hereby appointed a committee to wait upon the 
commissioners appointed by both governments to settle said 
controversy, in order to lay a true state of the case before 
them ; and that His Honor, the Governor, write to the commis- 
sioners on the part of this colony to appoint the time of meet- 
ing as soon as conveniently may be, and commissionate the 
committee for negotiating of said affair. 

Ordered, that in case any letters should come from the 
agent, that require a speedy answer, the Governor, with such 
of the council and representatives as may be had near, be, and 
they are hereby empowered to answer the same, keeping copies 
thereof, to present to the next Assembly, 



1732.] AND PROVIDENCE PLANTATIONS. 475 

Voted and ordered, that this Assembly be adjourned to this 
place, to the second Tuesday of September next. 
God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Providence, tJie last 
Wednesday of October, 1732. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Upon the petition of Jahleel Brenton. Jr., setting forth that 
lie being one of the grand committee of the colony of Rhode 
Island, hath almost solely and alone borne the burthen of pro- 
curing the tenth part of the principal for sinking the first 
bank, with the trouble of endorsing the mortgages, looking out 
the bonds, &c, and praying some further allowance than is al- 
ready stated ; — 

It is therefore voted and ordered, that the said Jahleel Bren- 
ton be allowed and paid out of the general treasury, for his 
past service, as abovesaid, the sum of £15. 

An Act stating the Governor's fees for signing commissions 
and taxing costs. [Public laws, 1744, p. 169.] 

Whereas, the colony has been at great charge to build and 
erect a fort on Goat island, for the security of the navigation ; 
and also hath been at great expense in supplying said fort 
with powder ; — 

For the better keeping in repair and supplying said fort, be 
it enacted by the General Assembly, and by the authority of 
the same, that there shall be paid by the master of every ship 



476 RECORDS OF THE COLONY OF RHODE ISLAND [1732. 

or vessel coming into any port or ports in this colony to trade 
or traffic, every voyage such ship or vessel doth make, six 
pence per tun, according to the register, or one-sixth of a 
pound of good powder, in lieu thereof (all such vessels in the 
constant use of fishing, excepted). 

And it is further enacted, that all masters of coasting ves- 
sels, such as coast between the Jerseys and Hampshire, to this 
place, shall pay according to their register, six pence per tun, 
once a year, to be employed to and for the use of said fort on 
Goat island. 

And that William Wanton, Jr., is appointed to collect and 
receive the same. 

And it is further enacted by the authority aforesaid, that all 
masters liable to pay as above, shall obtain from the powder 
office a certificate that he hath paid powder money, according 
to this act ; and that it shall not be lawful for the collector 
to clear any vessel or vessels liable by this act, before this cer- 
tificate first had and obtained. 

I, the subscriber, do protest against the above vote. 

JOSEPH WHIPPLE. 

Report being made to this Assembly, that two of the con- 
stables of Attleborough have this week been exercising juris- 
diction within this colony, (viz. : in that gore of land unjustly 
claimed by the Province of the Massachusetts Bay,) which is 
contrary to the laws of this colony ; — 

'Tis therefore resolved by this Assembly, that the said con- 
stables be examined by some of the justices in the county of 
Providence, and if they have exercised jurisdiction as aforesaid, 
that then they, or either of them, be dealt with according to 
law. 



1733.] AND TROVIDENCE PLANTATIONS. 477 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the 23d 
day of January, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted and ordered, that John Gardner and William Wanton, 
Jr., Esqs., Col. William Coddington, Capt. Benjamin Ellery and 
Mr. George Goulding, be, and they are hereby appointed a 
committee to inquire into the state of the fort, and consider 
what number of cannon, and of what length and bigness, is ne- 
cessary to be procured for the same, and the charge thereof, 
and make report to the next session of this Assembly. 

Voted and ordered, that William Jenckes, Esq., be allowed 
and paid out of the general treasury the sum of £42 9s. 5 d., in 
full of what remains unpaid of this colony's part of building 
Pawtucket bridge ; and that the other account of £57 14s. 3c?., 
and <£12 for time and charge in lawsuits at Bristol court, be 
not allowed. 

Voted and ordered, that a new jail and jail-house be built in 
some suitable and convenient place in Providence, of the same 
bigness of that in King's county ; and that the jail-house and 
jail already built, and land thereunto belonging, be disposed of 
to the best advantage, and the produce thereof to be improved 
so far as it will go, in building the new jail-house, jail, &c. ; — 

Provided, any person or persons procure a convenient lot of 
land for that purpose, near the county house, without any 
charge to the colony ; and that Col. Nicholas Power, John An- 
gel, Jr., and Daniel Abbott, Esq., be, and they are hereby ap- 
pointed to carry on and finish said work. 

Be it enacted b;/ the General Assemblv, and bv the authori- 



478 RECORDS OF THE COLONY OP RHODE ISLAND [1733. 

ty of the same it is enacted, that a state of the case relating to 
the gore of land (adjoining to Attleborough) in controversy 
between this colony and the Province of the Massachusetts 
Bay, be drawn up and presented to the next session of this As- 
sembly, in order to be sent home to His Majesty for a decision, 
unless the said Province, in the mean time, comply with the 
former proposition of this colony for deciding the same by 
commissioners ; and that William Jenckes and John Angel, 
Esqrs., and Mr. John Walton, be, and they are hereby appoint- 
ed a committee to draw up a state of the case, as aforesaid. 

An Act for suppressing of lotteries. [Public laws, 1741, 
p. 170.] 

Voted, that this Assembly be adjourned to the third Tues- 
day in April next. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 1st 
day of May, 1733. 

The Hon. William Wanton, Governor. 
The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. Wm. Anthony, 

Mr. John Gardner, Major Job Greene, 

Mr. John Potter, Mr. John Wickes, 

Col. Nicholas Power, Capt. William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 

Voted, that Peleg Wood, Jr., Caleb Jeffers, John Sims, 
Charles Morino, Jr., Samuel Vernon Jr., Major Fairchild Peter 



1733.] AND PROVIDENCE PLANTATIONS. 479 

Easton, Jr., Edmond Casey, Peleg Cary, Thomas Chadwick, 
Thomas Ward, Robert Carr, Mathew Borden, James Easton, 
Ebenezer Sheppard, William Hannah, Daniel Peckham, Benja- 
min Brenton, Jeremiah Weeden, 3d, and Samuel Fowler, all of 
Newport, are admitted freemen of this colony. 

Voted, that Thomas Harris, son of Henry Harris, deceased, 
William Brown, Joseph Snow, Ebenezer Knight and Silas 
Carpenter, all of Providence, are admitted freemen of this 
colony. 

Voted, that George Cornell, Jr. and Benjamin Shearman, 
Jr., both of Portsmouth, are admitted freemen of this colony. 

Voted, that Jabez Greene, Jr., Theophilus Ellis, James 
Rhodes, Jeremiah Lippitt, Peleg Cook, Israel Gibbs, John Da- 
vis, William Gorton, Rufus Barker, Jr. and Alexander Frasier, 
all of Warwick, are admitted freemen of this colony. 

Voted, that James Tillinghast, Thomas Spencer, son of 
Thomas, Jonathan Johnson, Samuel Strait, Thomas Grinnell, 
Jonathan Fish, Benjamin Spink, Caleb Carr, Caleb Carr, Jr., 
Manser Kettle and Thomas Wilcox, all of East Greenwich, are 
admitted freemen of this colony. 

Voted, that Charles Waterman, Philip Phetteplace, Jona- 
than Vallet, Zerobabel Cooper, Elisha Eady, David Ross, Win. 
Coman, Samuel Cary, Samuel Cary, Jr. and Benjamin Keach, 
all of Glocester, are admitted freemen of this colony. 



480 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1733. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the 1st 
Wednesday of May, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 



DEPUTIES. 



For Newport. 
Mr. George Goulding, 
Capt. Benjamin Ellery, 
Col. Wm. Coddington, 
Capt. Joseph Whipple, 
Capt. James Clarke, 
Mr. Daniel Gould. 

For Providence. 
Capt. Pti chard Waterman, 
Capt. Jabez Bowen, 
Capt. Joseph Fenner, 
Mr. Richard Thornton. 

For Portsmouth. 
Mr. Gideon Freeborne, 
Mr. Thomas Hix, 
Mr. Daniel Pearce, Jr., 
Mr. Gideon Cornel. 
For Warwick. 
Capt. John Greene, 
Capt. Othniel Gorton, 
Capt. Joseph Stafford, 
Mr. Thomas Rice. 

For Westerly. 
Col. Jos. Stanton, 
Mr. John Richmond. 



For New Shoreham. 
Capt. Thomas Mitchell. 
For North Kingstown. 
Mr. Jeremiah Gould, 
Capt. George Thomas. 

For South Kingstotvn. 
Major George Haszard, 
Capt. John Potter. 

For Fast Greenwich. 
Doctor Thomas Spencer, 
Mr. John Nichols. 

For Jamestoivn. 
Mr. Teddeman Hull, 
Mr. Daniel Weeden. 

Smithfeld. 
Lieut. Daniel Jenckes, 
Mr. James Aldrich. 

Scituate. 
Capt. Thomas Angel, 
Mr. Stephen Hopkins. 

Gloccster. 
Mr. Elisha Knowlton, 
Mr. Zachariah Eady. 



1733.] AND PROVIDENCE PLANTATIONS. 481 

Mr. Jeremiah Gould, speaker. 
Mr. Josias Lyndon, clerk. 

James Wightman, Wm. Allen, John Allen, Nathaniel Carpen- 
ter, Benjamin Haxton and Thomas Wilcox, all of North Kings- 
town, are admitted freemen of this colony. 

John Edwards, Peter Parker, John Young, John Hopkins, 
William Young, Robert Potter, Jr., George Dorrance, Ishmael 
Wilkinson, Daniel Scott, Isaiah Angel, Jedediah Harris, Jere- 
miah Angel, Daniel Fisk, Benjamin Bennett, John Herenden, 
Jr., Oziel Hopkins, Stephen Herenden, Obadiah King, Josias 
Herenden, Joseph Aldrich, Amos Herenden, Philip Mathewson, 
Amos Thornton, Thomas Mathewson, Jr., Jeremiah Belleau, 
David Sprague, Jr., John Tyler, David Aldrich and Sylvanus 
Weight, all of Scituate, are admitted freemen of this colony. 

The following officers were declared elected, and duly 
engaged. 

The Hon. William Wanton, Governor. 
The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. William Anthony, 

Mr. John Gardner, Mr. John Wickes, 

Mr. John Potter, Mr. Philip Arnold, 

Col. Nicholas Power, Capt. William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 

SECRETARY. GENERAL TREASURER. 

Mr. James Martin. Mr. Gideon Wanton, 

GENERAL ATTORNEY. 

Mr. James Honeyman, Jr. 

SHERIFFS FOR THE SEVERAL COUNTIES CHOSEN FOR THE YEAR. 

Newport county, — John Codclington, Esq. 
Providence count} r , — Capt. Daniel Abbot. 
Kings county, — Iinmanuel Northup, Esq. 

VOL. IV. 61 



482 KECORDS OF THE COLONY OF RHODE ISLAND [1733. 

An Act authorising commissioners to determine the line or 
boundary between the colony of Rhode Island, &c, and that 
part of the Province of the Massachusetts Bay, late the 
colony of Plymouth. 

Voted and resolved, that His Honor, the Governor, write to 
the government of the Massachusetts Bay, and acquaint 
them with the proceedings of this Assembly, relating to the 
gore of land, and send a copy of the act. 

And also to write and send a messenger to the commission- 
ers appointed by this colony, with a copy of said act, desiring 
an answer from them, whether they will meet the commissioners 
of the Province of the Massachusetts Bay, &c, at the time and 
place appointed. 

Voted, that His Honor, the deputy governor, Win. Jenckes, 
Samuel Clarke and Daniel Updike, Esqs., or in case of failure 
of either one of them, the other three to nominate a fourth per- 
son to be a committee to wait upon our commissioners, to lay 
before them a state of the case, in order to treat with the com- 
missioners appointed in behalf of the Province of the Massa- 
chusetts Bay, concerning the boundary line of the gore of land 
adjoining to Attleborough ; and that such fourth person so ap- 
pointed, shall have as full power to act as if nominated 
herein. 

Voted, that the secretary draw up the acts and orders of this 
Assembly in form, and proclaim the same by beat of drum, in 
the town of Newport, under the colony's seal, within ten days, 
and send a copy thereof to each town in the government, un- 
der the colony's seal, in twenty days. 

And that all business lying before this Assembly unfinished 
be referred to the next session; and this Assembly is ad* 
journed to the second Monday in June next, at Newp \tft 
aforesaid. 

God save the King. 



1733.] AND PROVIDENCE PLANTATIONS. 483 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the second Mon- 
day of June, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Major George Hassard chosen speaker, in the absence of 
Mr. Jeremiah Gould, the former speaker. 
Mr. Josias Lyndon, clerk. 

Forasmuch, as Nathaniel Byfield, Esq., late judge of the 
court of admiralty, in this colony, is deceased, and by reason of 
the distance between this place and Great Britain, it may be a 
considerable time before His present Majesty, King George the 
Second, will fill up the said vacancy, which may be prejudicial 
to many of His Majesty's subjects in this colony ; — 

For preventing whereof, and that justice may be done to His 
Majesty's subjects in this colony, till His Majesty shall appoint 
a judge of the court of admiralty herein, — 

Be it enacted by the General Assembly in this colony, and 
by the authority of the same it is enacted and ordered, that 
George Dunbar, of Newport, Esq., (who was surrogated and 
deputed by the late Nathaniel Byfield, deceased,) be, and he is 
hereby constituted and appointed judge of the court of admir- 
alty in this colony, till His Majesty shall appoint a judge of 
the court of vice admiralty fur this colony ; or till this Assem- 
bly shall appoint another in his room and stead ; and that His 
Honor, the Governor, commissionate him, accordingly. 

Whereas, it appears to this Assembly, by the certificates o f 
Jonathan Chase and Jacob Barney, viewers of fish, oil and 
whalebone, for the town of Newport, that Benjamin Thurston 



484 RECORDS OF TILE COLONY OF RHODE ISLAND [1733. 

owner of the sloop Pelican, of said Newport, had brought in 
said sloop, to Newport, aforesaid, one hundred and fourteen 
barrels of oil, and two hundred weight of whalebone, which was 
presented to their view ; — 

Therefore it is voted and ordered by this Assembly, that the 
said Benjamin Thurston is entitled to, and do receive the boun- 
ty on the proportionable part of the oil and whalebone, belong- 
ing to said sloop ; she being owned in this colony, and sailing 
out of Newport, aforesaid ; and also, such hands as sail out of 
said colony, according to the certificates presented by the said 
Jonathan Chase and Jacob Barney, viewers, as aforesaid. 

Voted and resolved, that the sum of £100 be allowed out of 
the general treasury towards re-building Pawtuxet bridge, in 
case the town of Warwick, or other towns with them, will go 
on and build said bridge ; and that those persons that shall be 
appointed by the towns of Warwick and Providence, draw out 
the same for the purpose aforesaid. 

An Act repealing that part of an act choosing the judges and 
clerks of the inferior courts of common pleas and general 
sessions of the peace, in the several counties within this col- 
ony, Quamdiu se bene gesserint; and for electing said 
judges and clerks annually by the General Assembly. 
[Public laws, 1744, p. 171.] 

An Act for choosing the deputies of the several towns in this 

colony annually. 

Be it enacted by the General Assembly of this colony, and 
by the authority ot the same it is hereby enacted, that the 
deputies of the several towns in this colony be for the future 
chosen but once in every year ; and at the quarter meetings of 
each respective town, next preceding the general election ; and 
that this act shall not be in force till after the choice of depu- 
ties to sit the next October sessions ; any law, custom or usage 
to the contrary hereof, notwithstanding. 

Voted and ordered, that William Jenckes, Esq. (one of the 
committee appointed by the General Assembly to wait upon 



1733.] AND PROVIDENCE PLANTATIONS. 485 

our commissioners at New London, chosen to settle the boun- 
dary line of the gore of land adjoining to Attleborough, with 
the commissioners appointed by the Province of the Massachu- 
setts Bay, &c), be, and he is hereby desired and empowered to 
get all the evidences and strength concerning the said affairs 
he shall judge most requisite, at the charge of the government ; 
and that the committee appointed by the General Assembly, to 
wait upon our said commissioners, draw out of the general 
treasury what money they shall think necessary, not exceeding 
£100, to defray the charges and expenses of our said commis- 
sioners and them, during the time of the congress at New Lon- 
don, aforesaid ; and that the said committee have power to 
agree with the said commissioners on the part of this govern- 
ment, for a sufficient compensation for their trouble and ex- 
penses about this affair. 

Voted, that the grand committee exchange the money in 
their hands, in order to be burnt, upon the adjournment of this 
Assembly. 

Voted and ordered, that this Assembly be adjourned to the 
first Monday in July next, to Newport ; and that all business 
lying before this Assembly unfinished, be referred till then. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the first Monday 
in July, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted and resolved, that every person in this government, 
who has heretofore been entitled to a colony law book, by an 
act of this Assembly, and has not had any, be first served with 



486 RECORDS OF THE COLONY OF RHODE ISLAND [1733. 

each of them one, out of those that are now in the general 
treasurer's hands ; and that each justice of the peace that is 
now in commission in this colony, that has not heretofore 
had any, be also served, each of them, with one of said law 
books ; and that schedules of the last impression of the late 
laws now in the general treasurer's hands, be distributed to the 
several towns in this colony, in proportion ; and that therewith 
the town council of each town be first served ; then the eldest 
justice of the peace, and then the next, and so on successively, 
as far as the said schedules will go. 

And that Capt. Richard Waterman, Capt. John Potter and 
Capt. James Clarke, be a committee to proportionate the 
same. 

And that all those persons who have not received al- 
ready, and are yet to receive the colony law books, by virtue 
of any act or acts of Assembly, be also supplied with each a 
schedule of the last impression of the late laws ; and after all 
those persons are supplied with said books and schedules, 
which were to be supplied by act or acts of Assembly, if a suf- 
ficiency remains, that then every member of this present As- 
sembly, who has not been supplied, have each of them a colony 
law book, and schedule, to be annexed thereto. 

Voted and resolved, that the sum of £3,982 lis., presented 
to this Assembly, by the grand committee, being part of 
payments of the first, second and third tenths of the first bank, 
be forthwith burnt, 

Voted and resolved, that Col. Daniel Abbott and Mr. John 
Walton, be added to the former committee appointed to meet 
the commissioners (appointed by the Province of the Massa- 
chusetts Bay and this colony), to settle the controversy relat- 
ing to the gore of land adjoining to Attleborough, in order to 
lay a state of the case before them. 

Voted and resolved, that their Honors, the Governor and 
deputy governor, be, and they hereby are appointed to receive 
the Honorable James Oglethorp, Esq., in case he comes to New- 
port, and entertain him according to his quality ; and the 
charge thereof to be paid out of the general treasury. 



1733.] AND PROVIDENCE PLANTATIONS. 487 

Voted and resolved, that His Honor, the Governor, Capt. 
Benjamin Ellery, Col. William Cocldington, Mr. Joseph Whip- 
ple, Col. Joseph Stanton, Capt. John Potter, Capt. Wm. Wan- 
ton, Jr. and Mr. George Goulding be, and they, or the major 
part of them, are hereby appointed a committee, to go over to 
Block Island to view the same, and consider of a convenient 
place to build a pier, or harbor, and of the charge, &c. ; and 
make report thereof to the next General Assembly. 

An Act for the emitting £104,000, in bills of public credit. 
[Public laws, 1744, p. 172.] 

Voted and resolved, that Col. William Cocldington, Mr. Geo. 
Goulding and Capt. William Wanton, Jr., be, and they hereby 
are appointed a committee to procure £4,000 worth of cannon 
carriages and other necessaries, for Fort George, and draw the 
money out of the general treasury, set apart for that use, by 
an act of this Assembly, and therewith purchase bills of ex- 
change, silver or gold, to procure said cannon and shot with ; 
and the carriages and other necessaries with bills of credit. 

An Act for holding the General Assembly in October ses- 
sion in the several counties on the main land. [Public 
laws, 1744, p. 176.] 

Voted and resolved, that this Assembly be adjourned till the 
last Tuesday of September next. 
God save the King. 

[It does not appear by the records, that there was an* ses- 
sion of the General Assembly in September.] 



488 RECORDS OF THE COLONY OF RHODE ISLAND [1733. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at /South Kinysloimi, the 
last Wednesday of October, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted, that Benjamin Morey, Joshua Pendleton, John Lark- 
ing, son of Roger, William Babcock, Benjamin Perry, Charles 
Dickinson, Nathaniel Potter, Samuel Mott, Joseph Morey, Eze- 
kiel Gaveat, Jr., Joseph Babcock, Jr., Edmond Pendleton, Jr., 
Daniel Peckham, Ebenezer Rathbun, Elisha Hall, Wm. Saun- 
ders, Theodaty Vars, Stephen Wilcox, son of Daniel, William 
Mackoun, John Robinson, Thomas Kenion, John Kenion, Jr., 
John Stanton, Joseph Maxon, son of Jonathan, John Dodge, 
Thomas Brand, Jr., John Forster, Joseph Hall, Joseph Tift, son 
of John, Samuel Tift and Joseph Mackoun, all of Westerly, in 
Kings county, are admitted freemen of this colony. 

Voted, that John Walton, James Mitchell, Joshua Turner, 
John Field, son of William, and Jeremiah Crawford, all of 
Providence, in the county of Providence, are admitted freemen 
of this colony. 

Voted, that Thomas Freeborn, of Portsmouth, in the county 
of Newport, is admitted a freeman of this colony. 

An Act for granting a compensation to the commissioners cho- 
sen on the part of this colony to determine the controversy 
relating to the gore of land. 

Whereas, there was a committee appointed this present ses- 
sion of Assembly to consider of a suitable compensation to be 
made to Col. Isaac Hicks, of Hempstead, Mr. James Jackson, 
of Flushing, and Col. Lewis Morris, Jr., of Westchester, all in 



1733.] AND PROVIDENCE PLANTATIONS. 489 

the Province of New York, commissioners chosen on the part 
of this colony, to decide the controversy relating to the gore of 
land, with the commissioners chosen on the part of the Prov- 
ince of the Massachusetts Bay, &c. ; and the said committee ac- 
cordingly submitted their report to this General Assembly, 
that they were of opinion it would be consistent with the honor 
of this government and the merit of the said commissioners 
that three silver tankards be forthwith made, each of £50 val- 
ue, with the arms of the government to be engraven on them, 
and one to be sent to each of the said commissioners. 

Which being duly considered, be it enacted by the General 
Assembly of this colony, and by the authority of the same it 
is enacted, that His Honor, the Governor, procure forthwith 
three silver tankards, of the value of £50 each, current money 
of said colony, with the arms of the government handsomely 
engraven on each of them; and for defraying the charges 
thereof, to draw money out of the general treasury ; and as 
soon as the said tankards are made and finished, that His Honor, 
the Governor, send one of them to each of our said commission- 
ers, with the acknowledgment of this General Assembly, for 
their assistance in endeavoring to reconcile and put an end to 
the dispute between the two governments. 

Voted and resolved, that this Assembly be adjourned till the 
first Monday in December next, to Newport. 

God save the King. 

vol. iv. 62 



490 RECORDS OF THE COLONY OF RHODE ISLAND [1733. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Newport, the 
first Monday in December, 1733. 

The Hon. William Wanton, Governor. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for enabling the settled and ordained ministers and el- 
ders of every society and denomination of Christians in this 
colony, to join persons together in marriage. [Public laws, 
1744, p. 176.] 

An Act for regulating the several town councils within this 
colony. [Public laws, 1744, page 176.] 

An Act for the enabling that part of the town of Newport, 
commonly called the compact, or town part, to appoint a 
watch, make a rate and levy money for defraying the 
charge thereof, with the charge of mending their high- 
ways. 

Whereas, Job Trip, of North Kingstown, in Kings county, 
yeoman and other inhabitants of this colony, complain to 
this Assembly, that notwithstanding the colony has been at 
considerable charges in new building Pawtucket bridge, yet 
those persons who own the land adjoining to the same, in this 
colony, have shut up the way leading thereto, and made it a 
toll bridge ; — 

Wherefore, it is ordered by this General Assembly, that the 
authority of the county of Providence inquire into the above 
said ilTair, and if it appear to be a nuisance, then the said au- 
thority are hereby directed and advised to remove the same. 






1734.] AND PROVIDENCE PLANTATIONS. 491 

Voted and resolved, that the appeal to His Majesty (relating 
to the gore of land in controversy ), presented to this Assem- 
bly, is approved of, and ordered forthwith to be sent home to 
His Majesty, in Great Britain, signed by His Honor, the 
Governor. 

Voted and resolved, that Rouse Helme, Esq., Messrs. Thos. 
Fry, Jeremiah Gould and Joseph Whipple, be a committee to 
inspect into the affair about turning the stream at Pawcatuck 
river, and making a harbor in Westerly ; and return their re- 
port thereon, to the next session of this Assembly. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Warwick, the Uh day of 
February, 1733-4. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for the encouragement of killing the bears and wild 
cats that shall be found within this colony. [Public laws? 
1744, p. 179.] 

Voted, that the following persons, viz. : Daniel Willbore, 
William Bradway, Noah Smith, Abraham Smith, Richard Smith, 
John Smith, Nedebiah Angel, Richard Smith, Jr., Jeremiah 
Scott, Nathaniel Scott, Thomas Lapham, John Lapham, Joseph 
Lapham, Joseph Smith, Jr., Hezekiah Sprague, Hezekiah Steer, 
Samuel Windsor, Jonathan Arnold, Jr., Thomas Arnold, Jr. 
Daniel Smith, John Smith, Thomas Arnold, Anthony Arnold, 
Seth Arnold, Oliver Mowrey, Joseph Mowrey, Jr., Jabez Brown, 
Jr., Ebenezer Herendon, David Herendon, Jonathan Mowrey, 
Jeremiah Mowrey. Aaron Herendon, Thomas Willing, Daniel 



492 RECORDS OF THE COLONY OF RHODE ISLAND [1734. 

Phillips, Israel Phillips, Samuel Very, Joseph Inraan, Benjamin 
Inman, David Harris, Edward Bishop, Abraham Loja, Gideon 
Culmstock, Nathaniel Tucker, John Smith, Jr., Jacob Mowrey? 
Woodward Arnold, Samuel Bellow, Peter Bellow,* John Arnold, 
Jeremiah Arnold and Henry Whitman, all of Smithfield, in the 
county of Providence, are admitted freemen of this colony. 

Voted, that the following persons, viz. : Christopher Knight, 
Francis Bates, Theophilus Ellis, Jr., Richard nice, Benjamin 
Pearce, Samuel Cahoone, Jonathan Longford and Henry Tib- 
betts, all of Warwick, in the county of Providence, are admit- 
ted freemen of this colony. * 

Whereas, Thomas Angell, Stephen Hopkins and Daniel Ab- 
bott, have represented to this General Assembly, some incon- 
veniences that attend the highway, formerly laid out by order 
of the General Assembly, running through the town of Scituate 
(formerly part of the town of Providence), towards Plainfield, 
in Connecticut ; and they having laid a plan of a new highway 
before this present Assembly, more commodious for His Majes- 
ty's subjects, than the former highway was, and in their peti- 
tion praying that the same might be granted ; — 

Upon consideration whereofj be it enacted by the General 
Assembly of this colony, and by the authority of the same it 
is enacted, that the aforesaid town of Scituate, are hereby au- 
thorized and empowered to establish and confirm the said new 
highway, according to the aforesaid plan, in the lieu and room 
of the former highway, laid out by order of the General Assem- 
bly, as aforesaid ; any law, custom or usage to the contrary 
hereof, in any wise, notwithstanding. 

Voted and resolved, that this Assembly be adjourned till the 
second Tuesday of April next, at Warwick. 

God save the King. 



1734.] AND PROVIDENCE PLANTATIONS. 493 



Proceedings of the General Assembly ', held for the Oolong of Rhode 
Island and Providence Plantations, at Newport, the oOlh 
dag of April, 1734. 

The Hon. John Wanton, Deputy Governor. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. Wm. Anthony, 

Mr. John Gardner, Mr. Philip Arnold, 

Mr. John Potter, Capt. William Hall, 

Mr. George Cornell, Mr. Rouse Helme. 

Capt. Henry Bull, speaker. 
Mr. Josias Lyndon, clerk. 

Voted, that Sueton Grant, Thomas Brooks, John Fry, John 
Bailey, son of John Bailey, Jr., Samuel Collins, Jr., Ebenezer 
Rumrey, Henry Hoar, James Lyon, Jonathan Nicholls, Robert 
Gibbs, Lawrence Bentley, Daniel Dunham, Jr., Jonathan Bow- 
ers, William Clark, son of Henry, Joshua Sawyer, Adam Law- 
ton, Jr., Joseph Card, Jr., Daniel Underwood, John Morris, 
William King, Joseph Gladding, William Dyre, Samuel Rog- 
ers, son of Samuel, Charles Dyre, Benjamin Chanders, Samuel 
Dyre, Benjamin Church, Richard Long, James Coggeshall, son 
of Benjamin, Jos. SaMn, Caleb Earle, Samuel Buffum, Ephraim 
Davis, James Bull, John Peabodv, Benjamin Hall, Caleb Ar- 
nold, son of Benedict, William Iliggens, Samuel Wickham, Jo- 
siah Stanbrough and Walter Cranston, all of Newport, are ad- 
mitted freemen of this colony. 

Voted, that John Waterman, Henry Randall, Content Potter, 
Joseph Williams, son of James, Stephen Williams, Elisha Bur- 
linggame, John Burlinggame, the 3d, Richard Mattason, Israel 
Mattason, Neriah Waterman, Benjamin Wescote, Jr., William 
Stone, Thomas Venner, Jr., Samuel Tillinghast, Obadiah Brown, 
John Field, son of Zachariah, Joseph Crawford and Nicholas 



494 RECORDS OF THE COLONY OF RHODE ISLAND [1734. 

Power, Jr., all of Providence, are admitted freemen of this 
colony. 

Voted, that Barnet Sisson and Salsbury Shearman, both of 
Portsmouth, are admitted freemen of this colony. 

Voted, that Samuel Champlin, Samuel Larking, John Mil- 
lard, William Davis, Reuben Johnson, John Lewis, mason, Elias 
Thompson, Jonathan Clark, Jonathan Wells, John Dodge, Jr,, 
Samuel Hill, John Fenner, John Enos, Jr., Samuel Crandell, 
John Maxson, son of Jonathan, and Joshua Babcock, all of 
Westerly, are admitted freemen of this colony. 

Voted, that William Warner, Joseph Lock, John Rathbun, 
Edward Sands, Samuel Dodge, Daniel Dickins, William Dodge, 
Jr. and John Mitchell, all of New Shoreham, are admitted free- 
men of this colony. 

Voted, that Robert Moone, Ebenezer Moone, Jr., Robert 
Aylsworth, Jr., Samuel Slocum, Jr., Benjamin Northup, Jr., 
John Cotterell, Robert Austin, Jeoffrey Davis, James Cooper, 
Thomas Eldred, son of Samuel, Samuel Phillips, Jr., William 
Tanner, Jr., Joseph Rathbun, Jr., George Vaughan, Job Rath- 
bun, William Eldred, Jr., Peter Turgee, Aaron Davis, Samuel 
Sweet, Ezekiel Gardner, John Sweet, John Reynolds, son of 
Robert, Jeremiah Baker, John Letson, Eber Shearman, Jr., 
George Willcox, John Corey, Jr., Samuel Casey, Joseph Mow- 
rey and Joseph Olden, all of North Kingstown, are admitted 
freemen of this colony. 

Voted, that John Lillebridge, Thomas Brown, Jeoffry Wat- 
son, John Seagers, Jr., Oliver Hassard, Jeremiah Clark, Sands 
Helme, Isaac Fowler, George Cotterel, Benjamin Earle, Jona- 
than Oatley, Benjamin Potter, William Barber, Jr., John Smith, 
Jr., Ezekiel Barber and John Nicholls, all of South Kingstown, 
are admitted freemen of this colony. 

Voted, that Joshua Coggeshall, John Briggs, Jonathan Mat- 
tason, James Mattason, John Mattason, Israel Underwood, 
Richard Mayhew, Peter Stevens, Joseph Mattason, Jr., Job 
Jenkins, Joseph Nicholls. son of Benjamin, William Reynolds, 
Benjamin Gardner, Thomas Straight, Philip Tillinghast, Sam'l 
Gardner, Jr., Samuel Reynolds, Henry Sweet, son of Joseph, 



1734.] 



AND PROVIDENCE PLANTATIONS. 



495 



John Corey, Peter Lee, Benjamin Cahoone, John Straight, son 
of Henry, William Weaver, Jr., John Weight, John Phillips 
and Ebenezer Greene, all of East Greenwich, are admitted free- 
men of this colony. 

Voted, that John Weeden, Jr., of Jamestown, is admitted a 
freeman of this colony. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 5th 
day of May, 1734. 

The Hon. John Wanton, Deputy Governor. 

With the assistants and deputies from the several towns. 



For Newport. 
Mr. George Goulding, 
Capt. Benjamin Ellery, 
Col. Wm. Coddington, 
Capt. Joseph Whipple, 
Capt. James Clarke, 
Capt. Henry Bull. 

For Providence. 
Mr. Ezekiel Warner, 
Mr. Thomas Olney, 
Col. Daniel Abbott, 
Capt. Richard Fenner. 

For Portsmouth. 
Capt. George Lawton, 
Mr. Stephen Brownell, 
Mr. Win. Hall, 
Capt. Wm. Brown. 



DEPUTIES. 

For Warwick. 
Mr. Wm. Greene, 
Capt. James Arnold, 
Capt. John Wight man, 
Mr. Francis Mathewson. 

For Westerly. 
Capt. Oliver Babcock, 
Mr. Thomas Hiscox. 

For New Shorcham. 
Capt. Simon Ray, 
Capt. Peter Ball. 

For North Kingstown. 
Mr. Francis Willett, 
Mr. Job Tripp. 

For South Kingstown. 
Mr. Wm. Robinson, 
Mr. Robert Hassard. 



496 RECORDS OF THE COLONY OF RHODE ISLAND [1734. 



DEPUTIES. 

For East Greenwich. Scituate. 

Mr. John Jenkins, Mr. Edw. Sheldon, 

Capt. Benjamin Sweet. Capt. Thomas Angel. 

For Jamestown. Glocester. 

Capt. Nicholas Carr, Capt. John Smith, 

Mr. John Cranston. Mr. Richard Steere. 

Smithfeld. 
Mr. Daniel Jenckes, 
Capt. Joseph Mowrey. 

Mr. William Greene, speaker. 
Mr. Josias Lyndon, clerk. 

Voted, that Amos Stafford, Jr., William Tibbetts, Caleb Carr, 
Jeremiah Green, Bernard Hill, John Green, son of Jabez, Jos. 
Bucklin and Joseph Chace, all of Warwick, are admitted free- 
men of this colony. 

Voted, that Daniel Carr, John Dorrance, Jr., Samuel Dor- 
rance, Joseph Hopkins, Jr., Jabez Hopkins, Richard Aldrich, 
Joshua Angel, Abraham Sheldon, Samuel Wight, Jabez Wight, 
Job Fish, Samuel Robins, Chad Aylesworth, Alexander Lovel, 
Abraham Lockwood, Hezekiah Herendon, Obadiah Jenks and 
Robert Briggs, all of Scituate, are admitted freemen of this 
colony. 

The following officers were declared elected, and duly 
engaged. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. Ezekiel Warner, 

Mr. John Gardner, Mr. George Cornell, 

Capt. John Potter, Mr. Wra. Anthony, 



1734.] AND PROVIDENCE PLANTATIONS. 497 



ASSISTANTS. 

Mr. John Wickes, Capt. William Hall, 

Mr. Philip Arnold, Mr. Rouse Helme. 

SECRETARY. GENERAL TREASURER. 

Mr. James Martin. Mr. Gideon Wanton. 

GENERAL ATTORNEY. 

Mr. James Honeyman, Jr. 

JUSTICES. 

William Coddington, Benjamin Ellery, Joseph Whipple and 
Gideon Freeborne, Esqs., chosen justices of the inferior court of 
common pleas, for the county of Newport. 

William Jenckes, John Angel, Benjamin Greene and Thomas 
Spencer, Esqs., chosen justices of the inferior court of common 
pleas, for the county of Providence. 

Jeremiah "Gould, Joseph Stanton, Stephen Hassard and Wm. 
Spencer, Esqs., chosen justices of the inferior court of common 
pleas, for the county of Kings county. 

SHERIFFS FOR THE SEVERAL COUNTIES CHOSEN FOR THE YEAR. 

Newport county, — John Coddington, Esq. 
Providence county, — Daniel Abbott, Esq. 
Kings county, — Immanuel Northup, Esq. 

Voted and resolved, that this Assembly be adjourned to the 
third Monday in June next ; and that the secretary and attor- 
ney general, draw up the acts and orders of this Assembly, 
and proclaim them in three days after the rising of this Assem- 
bly, under the colony's seal ; and that all business before this 
Assembly unfinished, be referred to the next session. 

God save the King. 

vol. iv. 63 



498 RECORDS OF THE COLONY OF RHODE ISLAND [1734. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the third Mon- 
day of June, 1734. 

The Hon. John Wanton, Governor. 

The Hon. George Hassarcl, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted, that the Rev. Mr. Jas. M. Sparran, of North Kings- 
town, in Kings county, is admitted a freemen of this colony. 

An Act for regulating the taxing of bills of cost at the several 
courts within this colony. [Public laws, 1744, p. 179.] 

Voted and resolved, that all officers, both civil and military, 
within this colony, desist and forbear exercising jurisdiction 
within the gore of land in controversy with us and the govern- 
ment of the Massachusetts Bay, (since the matter is sent home 
for a determination), until further orders from the General As- 
sembly of this colony. 

Voted and resolved, that Hezediah Culmstock, be forthwith tak- 
en up by the sheriff of the county of Providence, and safely con- 
veyed to the authority of the Massachusetts Bay, and there to 
be delivered ; so that he have a trial, upon the complaint of 
Jonathan Draper, pursuant to the request of the great and Gen- 
eral Court of said Province of the Massachusetts Bay, &c, by 
their letter, dated the 1 3th day of this instant June ; and that 
the said sheriff have ftfl power to take what aid is, or shall be 
necessary, for performing his duty therein. 

Voted and resolved, that Messrs. Simon Ray, Peter Ball, 
Henry Bull, Win. Brown and Wra. Wanton, Jr., be, and they are 
hereby appointed a committee to procure materials for build- 
ing a pier at Block Island, and making a harbor there, accord- 



1734.] AND PROVIDENCE PLANTATIONS. 499 

ing to act of Assembly; and to go on with the work 

fdct the same as soon as convenient]) may be, according as the 
money shall arise in the general treasury for that purpose. 

Voted, that His Honor, the Governor. Messrs. Henry Bull 
and Daniel Updike, be, and they are hereby appointed a com- 
mittee to write an answer to the letter sent from the Province 
of the Massachusetts Bay, &c. 

Voted, that Capt. Henry Bull, Mr. attorney general and the 
secretary be a committee to draw up the acts and orders of 
this Assembly ; and that the secretary proclaim the same with- 
in ten days from the rising of this Assembly, and send a copy 
thereof, with those that are not yet sent, to each town in the 
government, in thirty days, under the colony's seal. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1734. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted, that Giles Slocum, Jr. and Thomas Bray ton, both of 
Portsmouth, in the county of Newport, are admitted freemen of 
this colony. 

An Act empowering the clerks of the inferior courts of com 
inon pleas in each county of this colony, to appoint deputies. 
[Public laws, 1744, p. 179.] 

An Act in addition to an act, for the regulating mills within 
this colony. [Sec public laws, 1744, p. ISO.] 



500 RECORDS OP THE COLONY OF RHODE ISLAND [1734. 

An Act appointing and ordering one foot company or training- 
band, to attend on the general election. 
Be it enacted by the General Assembly of this colony, and 
by the authority of the same it is enacted, that for the future 
there be allowed but one company or training band, to attend 
on the general election ; and that not exceeding the sum of 
£10 be allowed and paid out of the general treasury for their 
expenses in attending thereon. 

Voted and resolved, that William Jenckes and Stephen Hop- 
kins, Esqrs., be, and they are hereby appointed a committee to 
procure all such evidences as they shall think necessary, to 
send to our agent, to set the controversy concerning the 
gore of land, in as clear a light as may be, as soon as conven- 
iently they can ; and send them to the committee appointed to 
write to the agent. 

Upon the prayer and petition of sundry of the inhabitants of 
the gore of land in Smithfield, humbly showing, that by reason 
of a late act of Assembly, passed at their session, held in June 
last, forbidding the exercising any jurisdiction on the said gore 
of land, the petitioners and sundry others have suffered great loss 
by the Province of the Massachusetts Bay, and therefore pray- 
ing said act might be repealed ; — 

Whereupon, it is voted, that the said act of Assembly be, 
and it is hereby repealed, made null and void, and of none 
effect. 

Voted and ordered, that the sum of £50 be allowed and paid 
out of the general treasury, to Capt. Benjamin Ellery, towards 
the re-building of the bridge in Newport, commonly called the 
Point Bridge. 

Voted and ordered, that the sum of £10 be allowed and paid 
out of the general treasury, to Mr. Daniel Jenckes, towards the 
building of a bridge over the southernmost branch of Paw- 
tucket river, commonly called Comstock's Branch. 

An Act requiring the town clerks of the several towns in this 
colony to make return of deputies and jurors after chosen » 
[See public laws, 1744, p. 182.] 



1735.] AND PROVIDENCE PLANTATIONS. 501 

Voted, that all business that lies before this Assembly, unfin- 
ished be referred to the next session ; and that this Assembly 
be adjourned to East Greenwich, at the house of the widow 
Drake, the third Tuesday of February next, if fair weather ; if 
not, the next fair day. 

God save the King. 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at East Greenwich, the 
lWi day of February, 1734-5. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

An Act for the crying of horses, neat cattle and hogs, within 
this colony. [See public laws, 1744, p. 183.] 

Whereas, Charles Augustus Ninegret, sachem of the Narra- 
gansett Indians, by memorial to this Assembly, did set forth 
that there was an act of Assembly made and passed at War- 
wick, in the year 1727, ordering that ten or twenty acres of 
the memorialist's land should be laid out by a committee 
therein named, whereon to build a house for public worship, if 
the memorialist should desire the same ; and in consequence 
thereof, the majority of the committee (the memorialist being 
present and desiring it) did mark out a convenient place for 
said purpose ; upon which spot the members of the Church of 
England, in Westerly, did at the memorialist's earnest desire, 
and at their proper charge, erect a house for public worship, in 
the way of the Church of England ; but the land granted by 
the aforesaid act, for the said use, never having been laid out 
nor properly conveyed by deed, the memorialist requested that 



502 RECORDS OP THE COLONY OP RHODE ISLAND [1735. 

twenty acres, at least, of his land be ordered forthwith, to be 
laid out, and duly conveyed for the use of the Church of Eng- 
land, and in that part of it where said house or church is 
built ; — 

Which being duly considered, be it enacted by the General 
Assembly, and by the authority of the same it is enacted, that 
Col. Joseph Stanton, Capt. John Hill and Mr. William Bab- 
cock, or any two of them, be, and they are hereby appointed 
and empowered to lay out twenty acres of land, as in the 
above memorial is prayed for ; and that Ninegret be, and he is 
hereby empowered to pass a deed for the due conveyance of the 
said twenty acres of land to the present minister of the Church 
of England, in Westerly, aforesaid, and to his successors, to and 
for the use of said church, which deed so passed, shall be good 
and valid in the law, for the purpose aforesaid. 

An Act empowering the town councils of each respective town 
in this colony to make such laws and orders, as by them 
shall be thought necessary for the preservation of the oys- 
ters in the jurisdiction of the several towns to which they 
respectively belong. [See public laws, 1744, p. 184.] 

Whereas, this Assembly having further considered the affair 
of making a harbor at Block Island, and having appointed a 
committee to consider the same, who reported that the cutting 
a passage through the beach, as was proposed, cannot answer 
the end intended thereby, and therefore judged it necessary 
that a stop should be put to any further proceedings therein ; 
but that there be the sum of £1200 allowed towards the mak- 
ing an addition to the old pier, or building a new one ; taking 
part of said £1200 in the plank and timber, as is already pro- 
vided, so much as will be wanting in that affair ; and the re- 
mainder of all other the materials be sold by some proper per- 
son, for the use of the colony. 

And that Messrs. Henry Bull and William Brown draw out 
of the treasury the sum of £300, to answer the contracts they 
have made ; and that they lay their accounts before the next 



1735.] AND PROVIDENCE PLANTATIONS. 503 

General Assembly, in order to have reasonable satisfaction al 
lowed ; which report is hereby accepted. 

And it is ordered, that the committee heretofore appointed 
for carrying on said affair, proceed no further therein ; and that 
Capt. William Brown forthwith make a journey to Scituate, in 
the county of Plymouth, and Province of the Massachusetts 
Bay, to Mr. Samuel Oaksman there, with whom he hath con- 
tracted for one hundred tons of pine timber, and endeavor to 
be released from said contract. 

But if the same cannot by him be obtained, then he is here- 
by empowered to receive said timber for the use of this colony, 
and draw so much money out of the general treasury, as shall 
be sufficient to pay for the same. 

And that said Messrs. Bull and Brown forbid all persons 
employed in preparing materials for carrying on the making 
said harbor at Block Island, to desist for the future ; and that 
they be, and are hereby fully empowered to dispose of what 
provisions they have procured, to the best advantage, for the 
use of this colony. 

Voted and ordered, that Col. Joseph Stanton and Capt. Oli- 
ver Babcock, of Westerly, be, and they are hereby directed and 
empowered to carry on and build one half of Pawcatuek 
bridge, — 

Provided, Stonington join with them, and build the other 
half; and the reasonable charge to be paid out of the 
general treasury. 

Whereas, Peleg Spencer and John Jenkins, Esqs., did, by pe- 
tition set forth to this Assembly that there is a small tract or 
parcel of land, lying in two pieces, to the northward of Poto- 
womet river, and to the westward of the country road, between 
the towns of North Kingstown and East Greenwich, which 
doth not properly lie under the jurisdiction of either of said 
towns, on which are several persons now settled, who can't 
properly be called to do duty in any town, neither can they 
enjoy equal privileges with other His Majesty's subjects, in 
either of said towns, and praying for the future the same may 
be under the jurisdiction of the town of East Greenwich ; — 



504 RECORDS OF THE COLONY OF RHODE ISLAND [1735. 

Which being considered, it is voted and ordered, that the 
said petition be referred to the next session of this Assembly ; 
and that the town of Warwick be served with a copy of the 
said petition, and cited to appear at the next session of this 
Assembly, at the charge of the petitioners ; and that in the 
mean time, said lands be under the jurisdiction of the town 
of East Greenwich. 

Voted,] that this Assembly be adjourned till the third 
Wednesday in April next, if called by the Governor or deputy 
governor ; but if not called before, nor at said time, then to be 
dissolved. 

God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Neivport, the &h 
day of May, 1735. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

ASSISTANTS. 

Mr. Samuel Vernon, Mr. Wm. Anthony, 

Mr. John Gardner, Mr. John Wickes, 

Mr. John Potter, Capt. Wm. Hall, 

Mr. Ezekiel Warner, Mr. Rouse Helme. 
Mr. George Cornell, 

Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

Voted, that Edward Smith, John Beard, Thomas Wickham, 
Thomas Baxter, James Gould, son of Thomas, Samuel Bur- 



1735.] AND PROVIDENCE PLANTATIONS. 505 

roughs, John Easton, son of Stephen, John Tillinghast, Philip 
Tillinghast, Poliipus Hammond, Isaac Brayton, Thomas Wea- 
ver, son of John, Edward Belcher, Benjamin Jefferson, James 
Rogers, Samuel Crandell, James Burgess, Jr. and Lawrence 
Langworthy, all of Newport, in the county of Newport, are ad- 
mitted freemen of this colony. 

Voted, that the Rev. Arthur Brown, Charles Field, Thomas 
Harris, son of Henry, deceased, Henry Harris, Benjamin Pot- 
ter, Jr., Joseph Windsor, Stephen Arnold, John Stone, son of 
Peter, deceased, William Harris, Joseph Harris, Joseph Bor- 
den, William Smith, Daniel Fenner, Abiah Angel, Peter 
Sprague, John M. Donnald, Philip Sheldon and ( Ihristopher 
Burlinggame, all of Providence, in the county of Providence, 
are admitted freemen of this colony. 

Voted, that William Arnold, Jr., James Greene, son of Wm., 
James Greene, son of Fones, John Arnold, Thomas Colvin, son 
of Samuel, Philip Sweet, Jr. and Stephen Capwell, all of War- 
wick, in the county of Providence, are admitted freemen of 
this colony. 

Voted, that Robert Mowrey, James Cribbens, Hope Covey, 
William Pettys, James Lewis, 3d, George Stillnian, Jr., George 
Lamphear and Samuel Larkin, all of Westerly, in the county 
of Kings county, are admitted freemen of this colony. 

Voted, that Roger Mowrey, Benjamin Northup son of Da- 
vid Northup, Rouse Helme, Daniel Fones, Thomas Sheldon, 
Benjamin Mowrey, Benedict Eldred, John Thomas, James 
Fones, Robert Austin, son of Joseph, John Weight, Joseph 
Mattason, Benjamin Richardson, Jona. Crossman, Samuel Bis- 
sell, Samuel Reynolds, Joshua Greene, William Allen, James 
Cargile, Nathaniel Rathbone and John Herrington, all of North 
Kingstown, in the county of Kings county, are admitted free- 
men of this colony. 

Voted, that Major Ebenezer Brenton, Pain Turner, Peter 
Wells, Bcnj. Perry, Jr., Ebenezer Smith, Jr., Nath'l Gardner, Sam. 
Whaley, Jeremiah Worden and Samuel Brown, Jr, all of South 
Kingstown, in the county of Kings county, are admitted free- 
men of this colony. 

vol. iv. G4 



506 RECORDS OF THE COLONY OF RHODE ISLAND [1735. 

Voted, that Henry Davis, Thomas Cumstock, John Ham- 
mett, Samuel Sole, Jacob Mott, Benjamin Eady and Mathew 
Grinnell, all of East Greenwich, in the county of Providence, 
are admitted freemen of this colony. 

Voted, that James Blackmore, Joshua Hall, Silas Tucker, 
John Page, Peregrene Matthewson, Thos. Cooper, Moses Coop- 
er, Isaiah Inman, Jr., Stephen Shelton, Joseph Eady, Jonathan 
Richardson, Jr., Isaac Richardson, Jeremiah Sweet and Thomas 
Wool, all of Glocester, in the county of Providence, are admit- 
ted freemen of this colony. 



Proceedings of the General Assembly held for the Colony of 
Rhode Island and Providence Plantations, at Neivport, the 1st 
Wednesday of May. 1735. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

DEPUTIES. 

For Newport. For Portsmouth. 

Mr. George Goulding, Capt. George Lawton, 

Capt. Benjamin Ellery, Mr. Giles Slocum, 

Col. Wm. Coddington, Col. William Hall, 

Mr. Nicholas Easton, Capt. William Brown. 
Mr. Joseph Whipple, For Warwick. 

Mr. James Sheffield. Mr. Wm. Holdon, 

For Providence. Capt. Thomas Rice, 

Capt. Jabez Bowen, Capt. Joseph Stafford, 

Capt. Richard Fenner, Mr. John Rhodes. 
Capt. William Rhodes, 
Mr. Jonathan Randall. 



1735.] 



AND PROVIDENCE PLANTATIONS. 



507 



For Westerly. 
Capt. Oliver Babcock, 
Col. Joseph Stanton. 

For New Shoreham. 
Capt. Simon Ray, 
Capt. Thomas Mitchell. 
For North Kingstown. 
Mr. Jeoffrey Hassard. 

For South Kingstown. 
Major John Potter, 
Mr. Robert Hassard. 

For Fast Greemvich. 
Doctor Thomas Spencer. 
Mr. John Jenkins. 



DEPUTIES. 

For Jamestown. 
Mr. Nicholas Carr, 
Mr. Samuel Clarke. 

For Smithfield. 
Major Wm. Smith, 
Mr. James Aldrich. 
For JScittiate. 
Mr. Stephen Hopkins, 
Mr. Benjamin Fish. 

For Glocester. 
Mr. Elisha Knowlton, 
Capt. John Smith. 



Mr. Samuel Clarke, speaker. 
Mr. Josias Lyndon, clerk. 

Voted, that the proxies put in at the meeting in Smithfield, 
in the county of Providence, called by warrant of Valentine 
Whitman and Thomas Sayles, Esqs., dated the 18th day of 
April last, passed and held the 26th day said month, be not 
received, because not a legal meeting for that purpose. 

The following officers were declared elected, and duly 
engaged. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 



Mr. Samuel Vernon, 
Mr. John Gardner, 
Mr. John Potter, 
Mr. Ezekiel Warner, 
Mr. George Cornell, 



ASSISTANTS. 

Mr. William Anthony, 
Mr. John Wickes, 
Mr. Philip Arnold, 
Capt. William Hall, 
Mr. Rouse Helme, 



508 RECORDS OF THE COLONY OP RHODE ISLAND [1735. 

SECRETARY. GENERAL TREASURER. 

Mr. James Martin. Mr. Gideon Wanton. 

GENERAL ATTORNEY. 

Mr. James Honeyman, Jr. 

JUSTICES. 

William Coddington, Benjamin Kllery, Joseph Whipple and 
Gideon Freeborne, Esqrs., chosen justiees of the inferior court 
of common pleas, for the county of Newport. 

William Jenckes,John Angel, Benjamin Greene and Thomas 
Spencer, Esqrs., chosen justices of the inferior court of common 
pleas, for the county of Providence. 

Jeremiah Gould, Joseph Stanton, Stephen Hassard and Wm. 
Spenser, Esqs., chosen justices of the inferior court of common 
pleas for the county of Kings county. 

SHERIFFS FOR THE SEVERAL COUNTIES CHOSEN FOR THE YEAR. 

Newport county, — John Coddington, Esq. 
Providence county, — Thomas Rice, Esq. 
Kings county, — Immanuel Northup, Esq. 

Whereas, William Coddington, Thomas Spenser and Joseph 
Stanton, Esqs., were appointed a committee to consider and 
make a report to this Assembly what methods would be proper 
for discharging the contracts and debts made by the committee 
appointed (to procure material for building a pier and mak- 
ing a harbor at Block Island), by the General Assembly, at 
their session, held on the third Monday in June last past, and 
afterwards a stop was put thereto, by the General Assembly, at 
their session, held on the third Tuesday in February last past, 
and only the sum of £1200 allowed for repairing the old one? 
or building a new one there, did report as followeth : 

" We have considered the same, and report that whereas Mr. Joseph Knowltom 
who was employed by the said committee to agree for timber and plank, for said 
work, is sued to May court, that said Knowlton and Mr. James Sheffield, as soon as 
possibly may be, go to the place, at Dighton and Swan^ey, where said timber, &c. , 



1735.] AND PROVIDENCE PLANTATIONS. 509 

is brought, according to the agreement ; and if the same be the proportion as agreed 
for, that they take an account of the quantity there brought ; and that upon the 
said Sheffield and Knowlton giving the account of the quantity of plank and timber 
being in the place agreed on, to the committee, who were appointed by the said act 
for carrying on the said work, that then the said committee, or the major part of 
them, shall draw so much money out of the general treasury, as will pay for the 
same, according to the agreement made by the said Knowlton. 

And that what other timber and plank, &c, have been got by the said committee, 
for carrying on the said work, that the said committee, or the major part of them 
draw money out of the general treasury, and pay for it as they shall receive the' 
same, and render an account thereof to the next sitting of the Assembly. 

And that the timber, plank, &c, at Dighton, be, by the committee aforesaid, 
put under the care of some proper person, there to lay till the General Assembly 
shall order how the same shall be disposed of." 

Whereupon, it is voted, that the said report be accepted. 

Voted and resolved, that this Assembly be adjourned to the 
third Monday in June next, being the 16th day of said month, 
to Newport. 

God save the Kins:. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the third Mon- 
day of June, 1735. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted and ordered, that James Sheffield, William Brown 
and Nicholas Carr, Esqs., be a committee appointed to take 
care of the timber up the river, procured for Block Island pier, 
and get it boated down to Newport, all but what is necessary 
to be sent to Block Island, which they are to send there, advis- 
ing with Mr. Knowlton about the same. 

And that said committee dispose of all the said timber, tc- 



510 RECORDS OF THE COLONY OF RIIODE ISLAND [1735. 

gether with what is already brought down to Goat Island (ex- 
cepting what they send to Block Island), to the best advan- 
tage ; and the charge of boating, &c, to be paid out of the 
general treasury. 

Voted, this Assembly be adjourned to the third Monday in 
August next ensuing, to Warwick, unless extremity of weather 
prevent ; and if it should, then to the next day. 

God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Warwick* the third 
Monday in August, 1735. 

The Hon. John Wanton, Governor. 

The Hon. George Hassaru, Deputy Governor. 

With the assistants and deputies from the several towns. 

Whereas, the inhabitants of the town of Westerly, did, by 
petition, set forth to this Assembly, that they were destitute of 
a harbor there, by reason of the breach (that formerly used to 
be open in the largest salt pond in Westerly, aforesaid) being 
shut or filled up ; and at the time it used to be open, was but 
of little advantage to said inhabitants, because of the shallow- 
ness of the water in said breach ; and as it is conceived, that 
by bringing or turning Pawcatuck river into said pond, it 
would be a means to cause said breach to continue open, and 
be much larger, and have more depth of water in it, than it 
hath at any time heretofore had, so that the said pond would 
become a very commodious harbor, and navigable as well for 
small sloops as boats ; and that it would be likewise v^ry con- 
venient for the catching and making of cod-fish, whieu would 
be of great service to this colony ; but the cost and charge in 
carrying on said work, would be more than the inhabitants of 



1735.] AND PROVIDENCE PLANTATIONS. 511 

said town of Westerly were able to bear, and praying that this 
Assembly would assist them in defraying part of the charge in 
turning off the said river into said pond ; — 

Which being duly considered, it is therefore enacted by the 
General Assembly, that the said river be turned into the'said 
pond, in order that the said breach may be opened • three 
quarters of the charge whereof, to be allowed and paid out 
of the general treasury. 

Provided, that the said town of Westerly, or any person in 
their behalf, will first procure and give sufficient bond to pay 
and discharge the other fourth part of the charge thereof; and 
also make and maintain such and so many bridges as there 
shall ever be occasion to make across said river, between the 
place where it is taken from its usual channel and the place 
where it will fall into said pond. 

And that Col. Joseph Stanton, Capt. Oliver Babcock, Mr. 
Samuel Perry and Mr. Samuel Clarke, are appointed a commit- 
tee to carry on the colony's part, and are empowered to draw 
money out of the general treasury as necessity requires. 

An Act to prevent the fish from being hindered in their 
course, in going up the several fresh rivers within this colo- 
ny. [See public laws, 1744 p. 185.] 

Upon the petition of George Taylor, of Providence, school- 
master, together with sundry other persons of said town, pray- 
ing liberty for the said George Taylor to keep school in one of 
the chambers of the county house, at Providence ; 

It is therefore voted and enacted, that the said George Tay- 
lor have full and free liberty to keep school in one of the cham- 
bers of the county house in Providence, during the pleasure of 
the General Assembly. 

Provided, he keeps the glass of said house in constant good 
repair (after the same is once repaired), and erect a handsome 
sun-dial in the front of said house, both for ornament and use, 
and build a necessary house convenient, to prevent nuisance, 



512 RECORDS OF THE COLONY OF RHODE ISLAND [1735. 

and to serve the public ; and the same to be done as soon as 
conveniently as may be. 

Whereas, Stephen Hopkins and Benjamin Fish, Esqs., did, by 
petition, set forth to this Assembly the necessity of two bridges 
in the town of Scituate, in the county of Providence, in the 
country road leading towards Connecticut, over two branches 
of Pawtuxet river ; the one, called Punhunquanset, the other, 
Moswosecut. and prayed for some assistance from the General 
Assembly ; — 

It is thereupon voted and ordered, that the sum of £40 be 
allowed and paid out of the general treasury towards building 
two bridges over the above mentioned two branches of Paw- 
tuxet river. 

An Act for allowing a bounty on flax raised in this colony, and 
empowering the viewers of hemp and flax to administer the 
oath, &c. [See public laws, 1744, p. 187.] 

Whereas, Benjamin Ellery and Joseph Whipple, Esqs., did, 
by petition to this Assembly, set forth that the town of New- 
port had been at a great charge in building a bridge at the 
Point, which was near completed, saving some plates for the 
sides thereof, and prayed that they might be allowed a suffi- 
ciency for plates out of the timber that was procured for the 
Block Island pier ; — 

Whereupon, it is voted and ordered, that the petition be 
granted ; and that the timber for plates be delivered to Capt. 
Ezbon Sanford, for the use of said bridge, by the committee 
that now have the care thereof. 

Voted and resolved, that Capt. Simon Ray and Capt. Peter 
Ball, be, and they are hereby appointed a committee to im- 
prove the £1200, allowed to build a pier at Block Island, or 
repair the old one ; and draw the same according to the for 
mer act of Assembly. 

And that the former committee render an account of their 
proceedings to the next session of this Assembly. 



1735.] AND PROVIDENCE PLANTATIONS. 513 

An Act empowering the judges of the superior court, at any 
time when necessity requires, to grant prohibitions against 
the proceedings of the court of •vice admiralty, held within 
this government. [See public laws, 1744, p. 188.] 

Voted and resolved, that this Assembly be adjourned till the 
second Tuesday in October next, to Newport, if called by the 
Governor or deputy governor. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at South Kingstown, the 
last Wednesday of October, 1735. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted and ordered, that His Honor, the Governor, Messrs. 
Samuel Clarke, William Coddington and James Martin, the 
former committee appointed to write to the agent, be still con- 
tinued for that purpose, to write about all things necessary, 
and to present a copy thereof to the next session of this 
Assembly. 

God save the King. 

vol. iv. 65 



514 RECORDS OP THE COLONY OF RHODE ISLAND [1736. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the third Tues- 
day in February, 1735—6. 

The Hon. John Wanton, Governor. 

The Hon. George Hassan], Deputy Governor. 

With the assistants and deputies from the several towns. 

The following were admited freemen of this colony : 

Peleg Spencer, son of Benjamin, George Vaughan, Rufus 
Greene and Clement Cooper, of East Greenwich, and Benjamin 
Congdon, of Providence. 

Voted and resolved, that the sum of <£7;~> be allowed and 
paid out of the general treasury, towards building a bridge 
across Pawtucket liver, at the falls, in said river, called Won- 
socut Falls ; and for that purpose, the same to be paid to Wm. 
Arnold, of Smithfield, Esq., who is to return the money into the 
general treasury again, in case the said bridge is not built 
within twelve months from the rising of this Assembly. 

Voted and resolved, that the sum of £15 be allowed towards 
building a bridge over Pochasset river, in the road towards 
Plainfield ; and that the same be paid out of the general treasu- 
ry to Capt. Richard Fenner, when the said bridge is completed. 

Voted and resolved, that the sum of £'30 be allowed and 
paid out of the general treasury, to Capt. Benjamin Ellery 
towards re-building the bridge in Newport, commonly called 
the Point Bridge. 

Voted and resolved, that the sum of £10 be allowed towards 
building a bridge in the main road from Connecticut to War- 
wick, near the house of Mr. Samuel Greene, in said Warwick, 
where the fresh and salt water meet ; and that the same be 
paid out of the general treasury, to Philip Arnold, Esq., when 
the said bridge is completed, 



1735.] AND PROVIDENCE PLANTATIONS. 515 

Voted and resolved, that the sum of £20 be allowed towards 
building a bridge across a large river, called the Queen's river, 
in North Kingstown, at the highway leading out of the coun- 
try ; and that the same be paid out of the general treasury, to 
Francis Willett, Esq., when the said bridge is completed. 

Voted and resolved, that the sum of £20 be allowed towards 
re-building a large bridge over Pawtuxet river, in the road to 
East Greenwich, to Plainfield ; and that the same be paid out 
of the general treasury, to Capt. Ishmael Spink, when the said 
bridge is completed. 

Voted and ordered, that the sum of £4 be allowed, and paid 
out of the general treasury, to the secretary, for his service in 
writing to the Right Honorable the Lords Commissioners for 
Trade and Plantations, the Right Honorable Sir Charles Wa- 
ger and to the agent for this colony. 

Whereas, Samuel Vernon, William Coddington and Francis 
Willett, Esqs., were this present session appointed a committee 
to audit the accounts of the committee empowered to carry on 
the affair relating to Block Island pier, and make report to this 
Assembly, have done nothing therein, by reason of the short- 
ness of time, &c. ; — 

Whereupon, it is voted and resolved, that the said committee 
be still continued for that purpose ; and that they call the said 
committee to an account, as soon as conveniently may be. 

And that they, together with James Sheffield, Esq. (who is 
added to make up another committee), be, and they are here- 
by fully empowered to call Joseph Knowlton to an account ; 
also, for the £200 that he received out of the general treasury, 
and compel the said Knowlton to pay what shall appear to be 
due from him ; and upon his refusal or neglect thereof, the gen- 
eral treasurer of this colony is hereby fully empowered and au- 
thorized to sue the said Joseph Knowlton for the same ; and 
the said committees to make report to the next session of this 
Assembly. 

Voted and ordered, that Samuel Vernon, William Codding- 
ton, Benjamin Ellery and James Sheffield, Esq., be, and they 
are hereby appointed a committee to prepare a bill for the en 



516 RECORDS OF THE COLONY OF RHODE ISLAND [1736. 

couragement of the linen manufactory, and present the same 
to the next session of this Assembly. 

Voted and ordered, that Christopher Champlin, of Westerly, 
be, and he is hereby appointed one of the committee for turn- 
ing of Pawcatuck river (in the room of Capt. Oliver Babcock, 
who refuses). 

And that those persons who appeared in behalf of the town of 
Westerly, viz. : Col. Joseph Stanton, Mr. Christopher Champlin, 
Mr. Samuel Perry and Mr. Samuel Clarke, be accepted and al- 
lowed of as sufficient bondsmen for said town, in case they give 
a bond of £2,000 to the general treasurer, according to the act 
of Assembly made for that purpose, for carrying on and bearing 
the one quarter part of the charge of turning the above men- 
tioned river, and making and maintaining all such bridges as 
shall be made over the same ; and that if any others are willing 
to be bound with the above mentioned persons, they have the 
liberty. 

Whereas, Messrs. Joseph Whipple, John Coddington, and 
Daniel Jenckes, were appointed a committee to examine into 
the accounts of the trustees of the late Indian sachem, did re- 
port that they had audited the said accounts, and found that 
there was due to Col. Jos. Stanton, the sum of £134 5s. Sd. ; 
and also that there were debts out-standing for lands sold, the 
sum of £150 2s. 

Whereupon, it is voted and ordered, that the said report be 
accepted ; and that the secretary take a copy of Col. Stanton's 
accounts, at- the charge of the said sachem, and deliver the 
originals again to Col. Stanton. 

Voted and resolved, that His Honor, the Governor, write to 
the authority in Connecticut, desiring that two or more of the 
signers of their bills may appear at our next court of assize 
and general jail delivery, to prosecute Forrest Dalzell, now in 
Newport jail, for uttering of the counterfeit bills on said colony 
of Connecticut. 

Voted and resolved, that the general treasurer of this colony 
deliver to the several towns their proportion of the interest of 
the last bank, according to act of Assembly, by which the same 



1736.] AND PROVIDENCE PLANTATIONS. 517 

was emitted ; inasmuch as the making a harbor at Block Is- 
land is not carried on. 

Whereas, Jacob Royal, of Boston, in the county of Suffolk 
and Province of the Massachusetts Bay, merchant, did, by pe- 
tition, set forth to this Assembly that he, having a quantity of 
bills of credit in his coat pocket, which he left ofl* part thereof 
being this colony bills, which the rats and mice got at, and eat 
and tore great part of it, and prayed this Assembly for relief 
therein ; — 

Upon consideration whereof, it is voted and ordered, that 
Samuel Vernon and Gideon Wanton, Esqs., and Col. Daniel 
Updike, be, and they are hereby appointed a committee to in- 
spect into the value of said bills of credit that were emitted by 
this colony, and make report thereof, to the next session of this 
Assembly. 

Upon the petition of sundry persons for repealing the act of 
Assembly, made and passed at the session held in June, A. D. 
1730, entitled an act for the relief of tender consciences, and 
for preventing their being burthened with military duty, — 

It is voted and enacted, that Col. Wm. Coddington, Capt. 
Joseph Whipple and James Honeyman, Jr., Esq., be, and they 
are hereby appointed a committee to consider of said petition, 
and what is necessary to be done thereon, and make report to 
the next session of this Assembly. 



518 



RECORDS OF THE COLONY OF RHODE ISLAND 



[1736. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the ith 
day of May, 1736. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 



ASSISTANTS. 



Mr. Samuel Vernon, 
Mr. John Gardner, 
Mr. John Potter, 
Mr. Ezekiel Warner, 
Mr. George Cornell, 

Mr. Francis Willett, speaker. 
Mr. Josias Lyndon, clerk. 



Mr. Wm. Anthony, 
Mr. John Wickes, 
Mr. Philip Arnold, 
Capt. William Hall. 



Voted, that Elnathan Hammond, Nathaniel Wiatt, Ninyan 
Chaloner, William Jones, Jr., William Brown, Peter Buliod, 
Francis Weeden, John Huntington, John Freebody, Jr., David 
Cheesebrough, Charles Whitfield, Nathaniel Norton, Benjamin 
Holt, Paul Tew, John Barzee, William Ross, Thomas Rogers, 
James Cahoone, Jr., James Mitchell, William Dumoy, Solomon 
Gardner, John Barker, Robert Barker, Jeremiah Child, Jr. and 
Robert Robinson, all ot Newport, in the county of Newport, 
are admitted freemen of this colony. 

Voted, that Thomas Durk, Joseph Snow, Jr., Stephen Haw- 
kins, Nath'l Angel, Robert Pollock, Wm. Tillinghast, John Hen- 
ry, John Yates, Elisha Baker, Jr., John Burton, Jr., Bollingstone 
Burlinggame, Jas. Burlinggame, Thos. Owen, Sam. Dyre, Edw. 
Tripp, John Rhodes, Jr., Zachariah Mathewson, Jr., Sam. Corn- 
stock, Robert Saunders, Jos. Jenckes, Jr., Joshua Burlinggame, 
Jonathan Sheldon, Wm. Burlinggame, Edw. Potter, Jr., Thos. 



1736.] AND PROVIDENCE PLANTATIONS. 519 

Relph, Stukely Westcote, son of Benjamin, Joseph Borden, Jr., 
Samuel Ladd, Zephaniah Peck, Daniel Williams, Jr. and John 
Davis, all of Providence, in the county of Providence, are ad- 
mitted freemen of this colony. 

Voted, that William Allen, son of John, of Portsmouth, in 
the county of Newport, is admitted a freeman of this colony. 

Voted, that Thomas Greene, Francis Mathewson, Jr., Henry 
Mathewson, Jeremiah Pearse, Elisha Brown, William Utter, Jr., 
Ebenezer Greene, Anthony Barton and Daniel Smith, Jr., all of 
Warwick, in the county of Providence, are admitted freemen of 
this colony. 

Voted, that Peter Davis, Joseph Hoxie, son of John, Stephen 
Hoxie, James Congdon, Solomon Hoxie, John Holway, Jr. ? 
Thomas Edwards, John Hall, Jr., Caleb Forster, Jesse Irish, 
Ebenezer Lamphear, Thomas Clarke, Jr., Joseph Crandall, son 
of Eber, John Brown, Amos Lewis, John Lamphear, Joseph 
Woodmansie, John Enos, the 3d, Samuel Cotterell, Jr., Nathan 
Randall, Joshua Thompson, Daniel Stanton, Jr., David Lewis, 
Samuel Congdon, John Congdon, Thomas Adams, Joseph Ad- 
ams and Robert Moore, all of Westerly, in the county of Kings 
county, are admitted freemen of this colony. 

Voted, that Samuel Littlefield and Thomas Pain, both of New 
Shoreham, in the county of Newport, are admitted freemen of 
this colony. 

Voted, that John Bissell, Samuel Cole, Beria Brown, William 
Smith, Jr., Nathaniel Rathbone, Thomas Rathbone, Benjamin 
Rathbone, John Albro, Jr., Francis Colegrove, Thomas Gardner, 
David Sweet, William Sunderlin, James Sweet, son of John, 
Edward Wilcox, Peleg Thomas, Elisha Clarke, John Gould, Jr. 
Samuel Hunt, James Reynolds, son of Francis, Joseph Case' 
Nathaniel Pearse, James Congdon, George Thomas, Jr., Jere- 
miah Sweet, John James, George Sweet, Ephraim Codner, Jr. 
and Samuel Codner, all of North Kingstown, in the county of 
Kings county, are admitted freemen of this colony. 

Voted, that Edmond Arnold, of Smithfield, in the county of 
Providence, is admitted a freeman of this colony. 

Voted, that David Vaughan, Jeremiah Mathewson, Anthony 



520 RECORDS OP THE COLONY OF RHODE ISLAND [1736. 

Sprague, John Smith, Ezekiel Brock, John Dorrance, son of 
George, Aaron Aldrich, William Havens, Jeremiah Sheldon, 
Jeremiah Vallet, Joseph Kembell, Daniel Hopkins and James 
Dorrance, all of Scituate, in the county of Providence, are ad- 
freemen of this colony. 

Voted, that Jonathan Wade, Nathan Wade, Jonathan Eady, 
Edward Evans, Jonathan Irons, Obadiah Jenks, Jr., Joseph Ca- 
rey, Daniel Sweet, Moses Bartlett, Daniel Aldrich and Edward 
Inman, Jr., all of Glocester, in the county of Providence, are 
admitted freemen of this colony. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Newport, the first 
Wednesday of May, 1736. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

DEPUTIES. 

For Newport. For Portsmouth. 

Mr. George Goulding, - Mr. Giles Slocum, 

Capt. Benjamin Ellery, Col. Wm. Hall, 

Col. Wm. Coddington, Mr. Jonathan Nichols. 
Mr. Nicholas Easton, For Warwick. 

Capt. Joseph Whipple, Mr. Wm. Greene, 

Capt, Ezbon Sanford. Mr. John Rice, Jr., 

For Providence. Mr. John Low, 

Capt. Jabez Bowen, Mr. Samuel Barton. 
Capt. Richard Fenner, For Westerly. 

Capt. William Hopkins, Col. Jos. Stanton, 

Capt. Robert Knight. Mr. Thomas Hiscox. 



1736.] 



AND PROVIDENCE PLANTATIONS. 



521 



For New Shoreham. 
Capt. Simon Ray, 
Mr. Edward Sands. 

For North Kingstown. 
Mr. Francis Willett, 
Mr. Nicholas Gardner. 

For South Kingstown. 
Col. John Potter, 
Mr. Robert Hassard. 

For East Greenwich. 
Mr. Thomas Spencer, 
Mr. Thomas Nicholls. 



DEPUTIES. 

For Jamestown. 
Capt. Nicholas Carr 
Mr. Richard Tew. 
Smithfield. 
Mr. Daniel Jenckes, 
Mr. Thomas Sayles. 

Scitnate. 
Mr. Stephen Hopkins, 
Mr. Job Randall. 

Glocester. 
Mr. John Barnes, 
Mr. Walter Phetteplace. 



Mr. Francis Willett, speaker. 
Mr. Josias Lyndon, clerk. 

Voted, that Benjamin Lawton, Jr., of Portsmouth, in 
the county of Newport, is admitted a freeman of this 
colony. 

The following officers were declared elected, and duly 
engaged. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 



Mr. Samuel Vernon, 
Mr. John Gardner, 
Mr. Thomas Olney, 
Mr. Ezekiel Warner, 
Mr. George Cornell, 

VOL. IV. 



ASSISTANTS. 

Mr. Wm. Anthony, 
Mr. John Wickes, 
Mr. Philip Arnold, 
Mr. Jeremiah Gould, 
Mr. Rouse Helme. 
66 



522 RECORDS OF THE COLONY OF RHODE ISLAND [1736. 



SECRETARY. GENERAL TREASURER. 

Mr. James Martin. Mr. Gideon Wanton. 

GENERAL ATTORNEY. 

Mr. James Honeyman, Jr. 

Voted and resolved, that His Honor, the Governor, Messrs. 
William Coddington, Daniel Updike, and James Martin be, and 
they are hereby appointed a committee to write to the colony's 
agent, and answer his letters, and present copies thereof to the 
next session of this Assembly. 

And that William Jenckes, William Hopkins and Stephen 
Hopkins, Esqs., be a committee to procure such further evi- 
dences and informations relating to the gore of land in contro- 
versy, as are necessary, in order to be sent home to said agent 
as soon as may be with conveniency. 

God save the King. 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the second Mon- 
day of June, 1736. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

Whereas, sundry inhabitants, of the town of Warwick, did ? 
by petition, set forth to this Assembly, that they, with several 
others, being concerned in a tract of land, situate in the Grand 
Purchase, of Warwick, in that part called Natick, near fifty 
years past ; and likewise others, in a tract of land, called We- 
cacheconet, and there being no provision made for highways, 



1736.] AND PROVIDENCE PLANTATIONS. 523 

whereby the proprietors and other the neighboring inhabitants 
may pass and re-pass through each others' lands to mill or to 
market, without being exposed to great difficulty ; and several 
of the present proprietors being orphans, and some others not be- 
ing willing that any way should be laid through their lands? 
except satisfaction be made for the same ; and the petitioners 
having laid the matter before the town council of said Warwick? 
which they were willing to grant ; 

Provided, the present proprietors would find the land, and 
be at all charges relating to the same ; which cannot be com- 
plied with, for the reasons aforesaid ; whereupon the petitioners 
prayed this Assembly to authorize the said town council to 
summon a jury to run out the same, according to the laws of 
this colony ; and determine the charge which may be binding 
to the said orphans and others, through whose land the said 
highway shall be laid ; — 

Upon consideration whereof, it is the opinion of this As- 
sembly, as the town councils of the several towns in this colony 
are already fully authorized and empowered to lay out high 
ways, that the town council of Warwick proceed, according to 
law, in laying out the highway prayed for, as before mentioned, 
if they judge the same necessary. 

Voted and resolved, that His Honor, the Governor, be, and 
he is hereby allowed the sum of £300 ; and that His Honor, 
the deputy governor, be, and he is hereby allowed the sum of 
£50. 

Voted and resolved, that His Honor, the Governor, issue out 
proclamations to the number of one hundred, in print, and put 
the same in the Boston Gazette, forthwith, for the apprehending 
of Nathaniel Shelton, with £30 reward, for any person or per- 
sons that shall apprehend and deliver him to William Hopkins, 
Robert Gibbs and Elisha Knowlton, Esqrs., or either of them, 
and all necessary charges paid. 

And that the said William Hopkins, Robert Gibbs and Eli- 
sha Knowlton, Esqrs., examine into the offence of Zachariah 
Eady, Jr., and the said Shelton, and lay them under bonds, ac- 
cording as the nature of their offences shall require ; and that 



524 RECORDS OF THE COLONY OF RHODE ISLAND [1736. 

they take all such evidences as shall appear necessary, for 
prosecuting the said Shelton and Eady. 

Voted and resolved, that Messrs. William Coddington and 
George Goulding be a committee to draw out of the general 
treasury a sufficiency of money to procure bills of exchange, 
gold or silver, to the value of £200, and send the same to the 
agent for this colony, for the use of said colony ; and he there, 
with to first pay himself the balance due to him for the cannon, 
&c, and give the colony credit for the remainder. 

Voted and resolved, that the sum of £30 be allowed towards 
finishing of the bridge, commonly called the Point bridge, in 
Newport ; and that the same be paid to Samuel Rodman, out 
of the general treasury, for that purpose. 

Voted and resolved that Messrs. George Goulding, 
James Sheffield and Peter Bourse, be, and they are hereby 
appointed committee men for auditing the accounts relating 
to the building Block Island pier (in the room of Sam. Vernon, 
and Francis Willett, Esqs., who refuse) ; and that they have 
the same power as those had in whose room they are appointed. 

God save the King. 



Proceedings of the General Assembly, held for the Colon?/ of Rhode 
Island and Providence Plantations, at Providence, the last 
Wednesday of October, 1736. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

Voted and resolved, that the public acts and laws of this 
colony, now in force (and not yet in print), be printed ; and 
that His Honor, the Governor, Col. Daniel Updike, the attorney 
general, and secretary, be a committee to procure the same to 



1736.] AND PROVIDENCE PLANTATIONS. 525 

be done ; and that they treat with the widow Franklin about 
printing said acts, and inquire into her ability for that purpose ; 
and if it appears to them that she is qualified for the same, and 
they can agree with her upon reasonable terms, that she be em- 
ployed to do the same as conveniently as may be. 

Whereas, a petition was preferred to this Assembly, in the 
behalf of the town of Providence, setting forth the decay of 
Weybosset bridge there, and that the charge they had already 
been at, to repair the same, amounted to the sum £125 10s. 
4:d. ; and to finish and complete the bridge, both for passage 
and against the ice, would take near £20 more, and therein 
prayed this Assembly for relief in the premises ; — 

Whereupon, it is voted and resolved, that the sum of 
£80 be allowed and paid out of the general treasury, to- 
wards the re-building of Weybosset bridge before mentioned ; 
and that Capt. Richard Waterman draw the same out of the 
general treasury, for the use aforesaid. 

Voted and resolved, that Col. Daniel Abbott, John Jenkins 
and William Greene, Esqs., be, and they are hereby appointed 
a committee to renew the bounds between this colony and the 
colony of Connecticut ; and that they notify said colony of 
Connecticut thereof, and appoint the time, and do the same as 
soon as conveniently may be. 

Whereas, there is a report spread abroad in this colony, that 
the Honorable John Wanton, Esq., our present Governor, 
has drawn out of the general treasury the sum of £70, and 
appropriated the same to his own use, or to treat his friends to 
vote him, or to pay tavern scores ; and upon inquiry therein, 
find the report to be groundless and false ; and that the same 
go out in the acts of this Assembly. 

Whereas, William Borden, late of Newport, in the county of 
Newport, by petition to this Assembly, did request that the sum 
of £3,000, borrowed of this government, in June, A. D. 1728, 
for the term of ten years, for carrying on the duck manufac- 
tury, might be continued in his hands for some longer time 
than has been allowed to him, he not being in a capacity to 
pay the same at the time set for the payment thereof; — 



526 RECORDS OF THE COLONY OF RHODE ISLAND [1730. 

Upon consideration whereof, it is voted and ordered, that the 
said £3,000 be continued in the hands of the said Wm. Bor- 
den, for three years longer than what has heretofore been 
granted to him. 

Provided he give good land security to the grand commit- 
tee, to pay into the hands of the grand committee, for the use 
of the colony, the whole sum of £'3,000, at the expiration 
of said term, which will be in the month of June, A. D. 
1746. 

Whereas, William Cocldington, George Goulding, James Shef- 
field and Peter Bours, Esqs., did report to this Assembly, that 
in pursuance of a vote passed in the June session, A. D. 1736 
(empowering the said persons to audit the accounts of the com- 
mittee appointed for the building of Block Island pier, or 
making a harbor there ; as also the accounts of Joseph Knowl- 
ton, relating to the £200 received by him for the purchasing 
of plank, for the building of the same) ; — 

They met on the 21st day of October instant, for the pur- 
poses aforesaid, and notified the said Joseph Knowlton thereof, 
who did not appear ; also, Capt. Henry Bull, who appeared, but 
refused to exhibit his accounts, by reason the Assembly fell 
through, which was adjourned to the 4th Monday in August 
last past ; and likewise, that he was not willing to submit the 
article of commissions said to be charged in his account, to any 
audit, but such as were under oath, to proceed according to 
law; — 

Therefore, for the rendering the said vote passed, still effec- 
tual, be it enacted by the General Assembly, that the said Wil- 
liam Cocldington, George Goulding, James Sheffield and Peter 
Bours, Esqs., be still continued as a committee, to audit the 
accounts of the committee appointed for the building of said 
pier or harbor ; and in case the said committee appointed for 
the building of said pier or harbor, refuse to render an account 
within one month after the rising of this Assembly, that the 
King's attorney, upon their refusal to render an account, as 
aforesaid, is hereby fully empowered to bring an action of ac- 
count against the said committee so appointed, to build said pier 



1736.] AND PROVIDENCE PLANTATIONS. 527 

or harbor, to oblige them to render an account of what [they 
have received out of the general treasury, and how they have 
disposed of the same. 

Whereas, Joseph Mumford, of South Kingstown, in Kings 
county, yeoman, by petition, did set forth to this Assembly, 
that he, some time past, was at a great charge in building the 
pier at Point Judith, in South Kingstown, aforesaid, which has 
been of great service to the country ; but by the late storm, the 
said pier was very much damaged, and has cost the petitioner 
considerable to repair the same, and the petitioner having re 
ceived three or four cord of timber, which was designed for 
Block Island pier, prayed that the same might be allowed him 
towards repairing his said pier ; — 

Upon consideration whereof, it is voted and ordered, that the 
said three or four cords of timber received by the said Jos. 
Mumford, be allowed to him for repairing his said pier, with- 
out any account to be rendered for the same. 

Whereas, Alexander Thorp, livery stable keeper, and Isaac 
Cusno, saddler, both of Boston, within the Province of the Mas- 
sachusetts Bay, by petition to this Assembly, did set forth 
that the petitioners, being about to set up the business of 
keeping stage coaches for the transporting of passengers'and 
goods to and from this colony and the Massachusetts gov- 
ernment, which would tend to the great advantage of the in- 
habitants of both governments ; and as the petitioners must be 
put to great expense and cost in procuring coaches, with horses, 
and other conveniences, for the purpose aforesaid, humbly 
requested that they might have the liberty and license to keep 
two stage coaches for the service, aforesaid, and of improving 
the same for the space of ten years, in regard of the great 
charge and expense they must be at, as aforesaid, that all and 
every person and persons might be debarred from the like lib- 
erty or license, during said term ; — 

All which, being considered, it is enacted by the General 
Assembly, that the petitioners' request is granted for keeping 
and improving two stage coaches for the space of seven years, 
upon such terms and conditions as shall be agreed on between 



528 RECORDS OF THE COLONY OF RHODE ISLAND [1736. 

the petitioner and Samuel Vernon, William Coddington and 
Joseph Whipple, Esqs., who are appointed a committee to enter 
into articles on behalf of this colony, with the petitioners, who 
are to give bond for the performance of their part of said arti- 
cles ; and the whole charge thereof, to be paid by the peti- 
tioners. 

[The following public laws, passed during the year 1736, are 
printed at length in the Digest, of 1744.] 

An Act to prevent vexatious law suits. 

An Act to prevent the fish from being hindered in their cours- 
es, of going into Point Judith ponds and Pettaquamscut 
river. 

An Act for making the real estates of persons that have left 
this colony, or conceal themselves therein, or do not live in 
this government, liable to the payment of debts. 

An Act against bribery and corruption in voting for officers 
within this government. 

An Act prohibiting the several courts in this colony from al- 
lowing interest in the judgments made up upon bonds sued 
in behalf of this colony. 

An Act for augmenting the bounty on destroying bears in this 
colony. 

God save the King. 



1737.] AND PROVIDENCE PLANTATIONS. 529 



Proceedings of the General Assembly held for the Colony of Rhode 
Island and Providence Plantations, at East Greenwich, the 
15th day of February, 1736-7. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 

With the assistants and deputies from the several towns. 

The following were admitted, freemen of this colony : 

Of Providence, Jacob Bartlett, Jeremiah Brown, son of Jas., 
Daniel Abbott, Jr., Charles Harris, James Henry, William Fen- 
ner, Ebenezer Metcalf, Jesse Randall, Robert Sterry and Gid- 
eon Harris. 

Of Portsmouth, Caleb Corey, Benjamin Butts, Adam Law- 
town and Benjamin Lawton, Jr. 

Of Warwick, Abraham Francis. 

Of Westerly, James Brand, Robert, son of Robert Burdick, 
Robert Knowles, William Watson, Wm. Ross, Jr., Sam. Saun- 
ders and Joseph Park. 

Of North Kingstown, Henry Tibbetts,. Joseph Parker, Ben- 
jamin Thomas and John Cole, Jr. 

Of East Greenwich, Benjamin Tanner, Joseph Carpenter, Jr., 
Thomas Carpenter, David Whitford, Thomas Rathbone, Benajah 
Carr, Charles Carr, Peter West, Thomas Coggeshall, William 
Sweet, son of Richard, Joseph Niles, John Hopkins, Nathaniel 
Sweet, Thomas Goodfellow, Ebenezer Goddard, John Austin, 
Jeremiah Carpenter, John Austin, Jr., Hezekiah Mathewson, 
son of Henry, and William Cumstock. 

Whereas, the bonds given by the inhabitants of the town of 

Providence, for the payment of the tenths of the several sums 

on the emission of the second banks, are lost or mislaid by Col. 

Nicholas Power, late one of the trustees for said town ; — 

Be it enacted by the General Assembly, and by the authori- 

vol. iv. 67 



530 RECORDS OF THE COLONY OF RHODE ISLAND [1737. 

ty of the same it is enacted, that the present trustees for the 
said town of Providence, be, and they are hereby fully em- 
powered and authorized, to take from the inhabitants of said 
town, nine bonds for the payment of their several sums due to 
the colony, by mortgages on an emission of the second bank, 
at the charge and expense of the estate of the said Nicholas 
Power ; one, whereof, shall be given upon demand, for what is 
now due, and the remaining bonds shall be given for the pay- 
ment of each tenth, yearly, till the several mortgages be dis- 
charged ; which, if refused by the said inhabitants, then the 
several mortgages shall be forthwith put in suit, and said bonds 
when taken, shall be sent to the grand committee, which shall 
utterly make void the former bonds given for the purpose 
aforesaid. 

Voted and resolved, that Col. Joseph Stanton and Capt. Oli- 
ver Babcock, be a committee to repair this colony's part of 
Pawcatuck bridge, at the charge of the colony. 

Whereas, the General Assembly, at their session, in Octo- 
ber last, did appoint the King's attorney to sue the committee 
appointed to build Block Island pier, in case they did not ren- 
der an account to the committee appointed to audit their ac- 
counts ; but did not direct in whose name the suit should be 
brought ; — 

It is therefore voted and enacted, that the said King's attor- 
ney shall sue the said committee appointed to build said pier, 
in the name of the general treasurer, in behalf and for the use 
of the colony. 

Voted and ordered, that His Honor, the Governor, Mr. Geo. 
Goulding and Capt. Benjamin Ellery, be, and they are hereby 
continued a committee, and Col. William Coddington added to 
them, to inquire into the affair of the Narragansett bonds and 
notes, given for the sale of the committee lands sold by the 
government. 

God save the King. 



1737.] 



AND PROVIDENCE PLANTATIONS. 



531 



Proceedings of the General Assembly, held for the Colony of Rhode 
Island and Providence Plantations, at Newport, the 3d 
day of May, 1737. 

The Hon. John Wanton, Governor. 

The Hon. George Hassard, Deputy Governor. 



ASSISTANTS. 



Mr. Samuel Vernon, 
Mr. John Gardner, 
Mr. Thomas Olney, 
Mr. Ezekiel Warner, 
Mr. George Cornell, 

Mr. Francis Willett, speaker. 
Mr. Josias Lyndon, clerk. 



Mr. William Anthony, 
Mr. Philip Arnold, 
Mr. Jeremiah Gould, 
Mr. Rouse Helme. 



Voted, that the following be admitted freemen of this 
colony : 

Of Newport, William Lawton, Isaac Chapman, Jr., William 
Coggeshall, Jr., Samuel Crandall, Latham Clarke, Samuel Val- 
entine, Jonathan Chase, Jr., Thomas Manchester, Charles Ben- 
nett, Thomas Teagle, tailor, Isaac Beauchamp, Benjamin Ham- 
blin, Walter Chaloner, Elijah Heffernon, Thomas Creese, Joseph 
Wright, Seth Sears, Benoni Gardner, John Leach, Samuel 
Brown, Jonas Minthorn, Aaron Sheffield, Isaac Rogers, John 
Gould, Thomas Weaver, cooper, Stephen Wanton, John Benson, 
William Brenton, John Wood, Caleb Peckham, Parker Hall, 
William Stevens, Simeon Rhodes, Richard Card, Benjamin In- 
graham, Isaac Ingraham, William Gardner, Ebenezer Flagg, 
Azariah Dring, John Cook, son of Peleg Cook, of Warwick, and 
Joseph Clarke, son of Lawrence. 



532 RECORDS OP THE COLONY OF RIIODE ISLAND [1737. 

Of Providence, George Taylor, Samuel Byles, John Ashton, 
Uriah Herendon, Sam