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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were subsequently repealed, have already been printed in the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 0 Greenwich 29 14 8
Portsmouth 158 06 8 Jamestown 46 06 8
Warwick 58 08 6
Westerly 55 13 4 £1000 00 0
Kingstown 175 05 0
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 owTn 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
wTas 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. 0
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-0od
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 £44 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," 0 15 00
Ensigns, « 0 12 00
Clerk and sergeant, per week 0 09 00
Corporal and drummer, per day 0 07 00
Sentinels, « 0 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 0
Sloops, per tonage, per month 0 06 6
Boatswain, " 2 00 0
Carpenter, " 2 00 0
Cooper and steward, and advances, per month 0 12 0
Pilot, « 3 00 0
Sailor, " 1 10 0
Carpenter. « 2 00 0
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 0 Ensign 0 17 0
Major George Lee 2 00 0 Sergeant, if impressed. .0 09 0
Captain 1 10 0 If volunteers 0 13 0
Lieutenant 1 00 0
Wages per month.
£ s. d. £ s. d.
Corporals and drummer, Sea captain 5 00 0
if volunteers 0 11 0 Mates, stewards, carpen-
If impressed, but 0 08 0 ters, coopers, boat-
Sentinels impressed. . . .0 06 0 swain, over and above
If volunteers 0100 sentinel wages 0 06 0
Clerks, if impressed 0 09 0 Pilot 3 00 0
If volunteers 0 13 0
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 0
Beef repacked and pickled, per barrel 3 00 0
Peas, per bushel 0 06 0
Flour, per barrel 0 19 6
Bread, per 0 19 0
Butter, not to exceed per lb 0 00 7
Rum. at per gallon 0 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 wrere 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 theyr 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 longr
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, John4Spencer, 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 twTo 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 yearr 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 0
Col. Wanton's, do., 33 04 0
John Mumford's, do., 22 11 2
Capt. Bull's, do., 5 00 0
Mr. Wickes's, do., 3 01 0
£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, 17307
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 lrour Majesty's regard for the well managing the public affairs of this Yrour
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 ofT 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 colony1.
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, Samuel Potter, son of Ichabod, Nathaniel
Williams, Stephen Potter, Jr., John Waterman, Jr., Stephen
Burlinggame, Daniel Burlinggame, Richard Coman, Jeriah
Hawkins, William Huston, Thomas Relph, Christopher Arnold,
William Crawford, Stephen Sweat, William Roberts, Joseph
Remington, Stephen Arnold, William Hamon, Jr., Benjamin
Westcote, Jr., and Stephen Colegrove.
Of Portsmouth, Peleg Shearman, Jr., Caleb Shearman, Geo,
Shearman, Preserved Shearman, Job Lawton, son of Capt.
George, Benjamin Tallman, Jr., John Albro, Jr., Daniel Lake
and Philip Shearman.
Of Warwick, Cotton Palmer, John Andrew, Stephen Smith,
Elisha Arnold, Jr., Thomas Rice, Thomas Mattason, Christopher
Lippett, Joseph Lippett, James Sweet, George Whitman, Jr.?
Thomas Parker, Bartholomew Johnson, Daniel Scranton, Thos.
Wickes, Jr., Richard Greene, son of Peter, John Barton, James
Carder, William Foster, Moses Budlong, Alexander Dixson,
John Nichols, Jr., Benjamin Nichols and John Lee, Jr.
Of Westerly, Clement West, Joseph Button, Thomas Lawton,
Francis Robinson, Edward Robinson, William Clarke, son to
William, Nathaniel Babcock, John Lamphear, Jr., James Pen-
dleton, Jr., William Thompson and Joshua Champlin.
Of New Shoreham, Thomas Mitchell, son of Joseph.
Of North Kingstown, John Nichols, Thomas Nichols, George
Nichols, Christopher Spenser, Jeremiah Bailey, Henry Spenser
Ichabod Shearman, Benjamin Tanner, William Hall, Jr., John
Briggs, Jr., Joseph Atherly, Robert Havens, Jr., John Sweet,
son of Daniel, Thomas Spenser, Nathaniel Havens, son of Jo-
seph, Caleb Gardner, Sylvester Gardner, Michael Spenser, Wm.
Rathbone, Joseph Baker, Josiah Baker, William Fones, Jona-
than Lewis, Daniel Gould and Jacob Pinder.
Of South Kingstown, Jedediah Collins, John Potter, Jr.?
John Reynolds and Elisha Watson.
Of East Greenwich, John Punt, Thomas Shippey, Philip
Greene and George Park.
1737.] AND PROVIDENCE PLANTATIONS. 533
Of Sniithfield, Samuel Smith, Jeremiah Olney, Nedebiah
Olney, Nathan Staples, William Sprague, Jr. and James
Rowse.
Of Scituate, William Sheldon, Elisha Brown, Richard Col-
well, Jonathan Herendon, Benoni Williams, Joseph Tucker,
David Hopkins, Jabez White, Nehemiah Angel, Thomas An-
gel, Jr., Jonathan Angel, Christopher Wilkinson and John
Fisk.
Of Glocester, Francis Whitmore, John Marsh, Joseph Pet-
tingall, James Bloyce, Job Pray, David Phillips, Joseph Hix,
John Sly, JohnKeech, Jr. and Benjamin Mackintire.
Proceedings of the General Assembly held for the Colony of
Rhode Island and Providence Plantations, at Newport, the first
Wednesday of May. 1737.
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, Capt. George Lawton,
Mr. Jahleel Brenton, Capt. William Brown,
Mr. Nicholas Easton, Col. William Hall.
Mr. Joseph Whipple, For Warwick.
Capt. Ezbon Sanford. Capt. James Arnold,
For Providence. Capt. Joseph Stafford,
Mr. John Potter, Mr. John Rice, Jr.,
Capt. James Bowen, Mr. John Holden.
Capt. William Rhodes,
Capt. William Hopkins.
534
RECORDS OF THE COLONY OF RHODE ISLAND
[1737.
For Westerly.
Capt. Oliver Babcock,
Capt James Rogers,
For New Shoreham.
Capt. Simon Ray,
Mr. Edward Sands.
For North Kingstown.
Mr. Francis Willett,
Mr. Nicholas Gardner.
For South Kingstown.
Mr. Wm. Robinson,
Capt. Robert Hassard.
DEPUTIES.
For East Greenwich.
Doctor Thomas Spencer,
Mr. John Jenkins.
For Jamestown.
Mr. Nicholas Carr,
Mr. Thomas Carr.
For Smithfield.
Capt. Thomas Sayles,
Mr. Daniel Jenckes.
For Scituate.
Mr. Stephen Hopkins,
Mr. Thomas Realph.
For Gbcester.
Capt. John Smith.
Mr. Francis Willet, speaker.
Mr. Josias Lyndon, clerk.
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. Peter Bours,
Mr. Ezekiel Warner,
Mr. Joseph Fenner,
Mr. George Cornell,
SECRETARY.
Mr. James Martin.
GENERAL ATTORNEY.
Mr. James Honeyman, Jr.
Mr. Wm. Anthony,
Mr. John Wickes,
Mr. Philip Arnold,
Mr. Jeremiah Gould,
Mr. Rouse Helme.
GENERAL TREASURER.
Mr. Gideon Wanton.
1737.] AND PROVIDENCE PLANTATIONS. 535
Whereas, several persons, by petition, did set forth to this
Assembly, the great necessity of laying out a highway from near
the house of Capt. John Rice, in Warwick, to the grist mill
called and known by the name of Edmond's mill, in said War-
wick ; and from thence to extend westwardly to the south-east
corner, to the town of Scituate, at, or near the line of James
Colvin ; —
And the petitioners having divers times requested the town
council of said Warwick, that they would lay out said highway,
which, by the council was always refused, unless the proprie-
tors of the lands through which the said way should go, would
be at all the cost and charge of laying it out, and allow the
land on which the same should be laid out, which conditions
were not in the power of the petitioners to perform, not having
authority or right to oblige the proprietors to comply with
such proposals, and the same have been a means of hindering
and impeding a way being laid out, as aforesaid, although the
council have judged a necessity therefor ; —
Which being duly considered, be it enacted by the General
Assembly, and by the authority of the same it is enacted, that
from or near the house of Capt. Rice, in Warwick, there be a
high way laid out in the most near and convenient manner to
the grist mill, commonly called Edmonds' mill ; and from
thence to extend Westerly to the south-east corner of the town
of Scituate, at or near the land of James Colvin.
And for the effecting the same, the town council of the said
town of Warwick, are hereby directed to grant forth a warrant
to the sheriff of the county of Providence, or to his deputy, to
summon a jury for the laying out of the same as the law directs ;
but in case the town council should refuse or neglect to grant
forth their warrant, as aforesaid, for the space of two months,
then it shall and may be lawful for any two assistants or jus-
tices of the peace, of the town of Warwick, to grant forth a
warrant, as aforesaid, for the laying out said highway ; and
that the charge thereof, be paid out the town treasury of the
town of Warwick.
Voted and resolved, that Capt. Matthew Norris, commander
536 RECORDS OF THE COLONY OF RHODE ISLAND [1737.
of His Majesty's ship, the Tartar Pink, now in the harbor of
Newport, be presented with a score of the best sheep that may
be got ; and that Jahleel Brenton, Esq., be, and he is hereby
appointed to procure the same, and present them to said Capt.
Norris ; and that the charge thereof, be paid out of the general
treasury.
Voted and resolved, that the sum of £4,042 2s. 5d., of old
torn money, that was in the general treasury (and presented to
this General Assembly, by the committee appointed to audit
the general treasurer's accounts), be burned in the presence of
this Assembly ; and the same is done, accordingly.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at South Kingstoiun, the last
Wednesday in October, 1737.
The Hon. John Wanton, Governor.
The Hon. George Hassard, Deputy Governor.
With the assistants and deputies from the several towns.
God save the King.
[There was no business of a public nature, transacted at this
session of the General Assembly.]
1737.] AND PROVIDENCE PLANTATIONS. 537
Proceedings of the General Assembly held for the Colon?/ of
Rhode Island and Providence Plantations, at Neivport, the
fourth Tuesday in November, 1737.
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 sum of £4 1 5s. 4</., for repair-
ing and mending of Pawcatuck bridge, be allowed and paid
to Messrs. Joseph Stanton and Oliver Babeock, out of the
general treasury.
Voted and resolved, that the sum of £10 be added to the
sum of £20 already allowed towards building a bridge over
Moswansecut river, in the road between Providence and Plain-
field ; and that Stephen Hopkins, Esq., be, and he hereby is
empowered to draw the whole £30 out of the general treasury ;
he having promised to complete said bridge without any more
charge to this colony.
Voted and resolved, that Messrs. George Goulding, Benja-
min Ellery, Ezbon Sanford and George Wanton, be, and they
are hereby appointed a committee to examine into the circum-
stances of Fort George, and receive the stores there, of Capt.
Joseph Wanton, and deliver the same to the person that shall
be appointed by His Honor, the Governor, to have the care
thereof, taking an account of the same ; and that they order
such reparations to be made on the house at Fort George as to
them shall appear necessary, and make report of their doings
thereon to the next session of this Assembly.
Whereas, Samuel Vernon, Esq., was employed to impress the
£30,000, ordered to be made for the exchanging of the halves
and quarters of the bills of credit ; but he being now so indis-
posed as not to be capable of finishing the same ; —
vol. iv. 68
538 RECORDS OF THE COLONY OF RHODE ISLAND [1737.
It is therefore resolved, that Samuel Vernon, Jr., be, and he
is hereby appointed to complete the impressing said bills, and
be under the care and inspection of the grand committee.
Voted, that the following be admitted freemen of the
colony :
Of Westerly, Joseph Witter, Benjamin James, James James,
Thomas James, John Satterly, Thomas Sisson, Robert Clarke,
Elisha Clarke, Caleb Clarke and Wm. Sisson.
Of North Kingstown, Josiah Spink, Jonathan Chase and
Thomas Casey.
[The following public laws, passed during the year 1737,
will be found at length in the printed Digest of 1744.]
An Act stating the fees of clerks of the general sessions of
the peace in this colony.
An Act for enabling the several courts in this colony to allow
and tax costs in all criminal actions.
An Act to oblige the commissioned officers in the militia to
train, unless they have served five years, or been excused
by the General Assembly.
An Act stating the fees of grand jurors.
An Act for the making of £30,000, in bills of public credit, for
exchanging of torn bills.
An Act to prevent the drawing of any net or seine for the
catching of perch in Easton's pond, in Newport.
An Act exempting persons appointed to work the several
engines in Newport from several duties, &c.
An Act enlarging the fine on offenders for breach of an act
made and passed in October, 1731, for preventing mischief
being done in the town of Newport, or in any other town
in this government, by firing of guns and pistols, and throw-
ing of squibs, &c.
An Act for ascertaining the bounds of the compact part of the
town of Newport, as to watching, in time of peace.
An Act empowering town councils of the several towns with-
in this government to take bonds from administrators, for the
1738.] AND PROVIDENCE PLANTATIONS. 539
rendering of accounts of their administration on the estates
of persons dying intestate.
An Act enabling the town councils of the several towns within
this colony to receive or reject any persons from being in-
habitants of the same.
An Act setting forth the form of a deed to be given by the
sheriffs, for land sold by them, after being attached for sat-
isfying debts.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the second Tues-
day in February, 1737-8.
The Hon. John Wanton, Governor.
The Hon. George Hassard, Deputy Governor.
With the assistants and deputies from the several towns.
Voted, that Benj. Ellery, Esq., is chosen the first assistant of
this colony, in the room of Samuel Vernon, Esq., deceased.
Voted, that the following be admitted freemen of the
colony :
Of Providence, Richard Thornton, Jr., Benjamin Sprague,
Jr., Daniel Sheldon, Nathaniel Waterman, Jr., Elisha Tilling-
hast, Roger Sheldon, Benjamin Cushion, Alexander Frasier,
Daniel Cook and Abraham Angel.
Of Portsmouth, Jeremiah Tallman and John Sisson.
Of Warwick, George Hall, John Rhodes, Jr., Thomas Ed-
monds, Robert Havens and Randall Rice, son of John.
Of Westerly, William Burdick, Elisha Burdick and Hobart
Burdick, Jr.
Jamestown, John Hull, Jr. and Stephen Franklyn.
54:0 RECORDS OF THE COLONY OF RHODE ISLAND [1738.
Of Scituate, John Taylor, Jr., James Daniel, Joseph Sprague
and Samuel Whidden.
Upon the petition of Valentine Downing, it is voted and re-
solved, that he be taken into the service of the fort, there to
dwell, and be under the direction of the gunner ; and so long
as he does his duty, to have his pension allowed him, by act of
Assembly ; but if he leaves the fort, or neglects his duty
there, that then his pension or allowance be forfeited.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the 2d
day of May, 1738.
The Hon. John Wanton, Governor.
The Hon. George Hassard, Deputy Governor.
ASSISTANTS.
Capt. Benjamin Ellery, Mr. Wm. Anthony,
Mr. Peter Bours, Mr. John Wickes,
Mr. Ezekiel Warner, Mr. Philip Arnold,
Capt. Joseph Fenner, Mr. Jeremiah Gould,
Mr. George Cornell, Mr. Bouse Helme.
Mr. Thomas Spenser, speaker.
Mr. Josias Lyndon, clerk.
Voted, that the following be admitted freemen of this
colony :
Of Newport, Nicholas Carr, Daniel Greene, Thomas Potter,
John Fryers, Henry Coggeshall, John Peckham, Jr., Charles
Beer, Thomas Sanford, Joseph Sanford, David Melvil, Thomas
Smith, Sayles Carr, William Jefters, Benjamin Weaver, Jr.,
1738.] AND PROVIDENCE PLANTATIONS. 541
Samuel Greene, William Hookey, John Hookey, Brice Eccles,
Arnold Belcher, Herbert Nichols, William Smith, John Allen,
Jr., Edward Boss, Jr., Robert Mortimore, Samuel Webb, Daniel
Vernon, Mathias King, Christopher Lindsey, Benjamin Bailey,
William Greenman, Benjamin Slocum, Preserved Fish, Richard
Rose, William Weeden, son of Joseph, John Cain, Moses Pit-
man and Robert Nichols.
Of Providence, Nathaniel Brown, William Carpenter, Jr.,
William Knight, William Corpe, Ephraim Carpenter, Richard
Knight, the 3d, William Alverson, Jeremiah Corpe, George
Potter, Ichabod Potter, Jr., Samuel Sprague, Joseph Corpe,
Samuel Gorton, Jonathan Stone, Christopher Lippett, Benoni
Potter, Silas Williams, John Snow, Job Waterman, Nathaniel
Day, William Fenner, Nathaniel Stephens, Philip Baker and
John Stone, Jr.
Of Portsmouth, Joseph Anthony, Job Briggs, Joseph Free-
born and James Coggeshall.
Of Warwick, John Gibbs, John Wickes, son of Thomas,
Benjamin Wickes, Thomas Welsh, Peter Wells, William Bates,
Peleg Spenser, Jr., Benjamin Tiffany, William Wickes, James
Parks, John Bucklin, Miel Pearse, Nathaniel Pearse, Henry
Sparks, Isaac Rice, George Rice and David Napp.
Of Westerly, Francis West, Joseph Crandell, Jr., William
Clark, Amos Clark, Simeon Clark, Benjamin Randell, Morris
Tucker, Joseph Stillman, John Wilkinson, Robert Moore, Benj.
Hoxie, Cornelius Stutson, Nicholas Cotterell, Nathaniel Pulman
and Joseph Stanton, Jr.
Of New Shoreham, Edward Mott, John Littlefield and Wm.
Rock.
Of North Kingstown, Samuel Eldred, son of John, Richard
Robins, James Rogers, Isaac Gates, Caleb Arnold, Abiel Hall,
Palmer Tanner, Joseph Corey, Thomas Allen, Jr., Daniel
Pearce, the 3d, Joseph Smith, John Sweet, son of Jeremiah,
Jeremiah Sweet, Jr., Samuel Boone, Jr., Job Lawton, James
Cooper, Jr., John Moone, Joseph Card and James Allen, son of
William.
542 RECORDS OF THE COLONY OF RHODE ISLAND [1738.
Of South Kingstown, John Wells, Daniel Tift, Ichabod Shef-
field, Daniel Carpenter, Hezekiah Babcock, Ephraim Smith,
Joseph Rhodman, Samuel Rhodman, Nathaniel Ilelme and
James Tift.
Of East Greenwich, Robert Hill, William Sweet, Jr., James
Greene, David Vaughan, John Spenser, son of William, John
Underwood, John Olin, John Pearse, son of Jeremiah, Benja-
min Roberts, Robert Hopkins, John Jones, John Niles and
Wm. Carr.
Of Smithfield, Preserved Harris, Abraham Bellou, Hezediah
Cumstock, Jr., Francis Herenden, Azariah Cumstock, John Mal-
ary, John Bellou, Jr., Josiah Arnold, Samuel Bagley, Benjamin
Cook, Thomas Beadle and Joseph Arnold.
Of Scituate, Thomas Bennett, John Coleman, Thomas Fors-
ter, Richard Salsbury, Gideon Hammond, Nathaniel Wade,
Jonathan Knight, Thomas Ralph, Jr. and Henry Randall, Jr.
Of Glocester, Daniel Bartlett, Stephen Pain, Jr., Miles Sly,
Elisha Herenden, Jr., Richard Hayward, Eleazer Marsh,
Ephraim Marsh, Obadiah Bowen, William Keech, Jr., William
Colwell, Edward Davis, Daniel Hix, James Harris, Ichabod,
Bumpus, Eliphalet Eady, Benjamin Keech, Jr. and Isaac
Benson.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Newport, the first
Wednesday of May, 1738.
The Hon. John Wanton, Governor.
The Hon. George Hassard, Deputy Governor.
With the assistants and deputies from the several towns.
1738.]
AND PROVIDENCE PLANTATIONS.
543
DEPUTIES.
For Newport.
Mr. George Goulding,
Mr. William Ellery,
Mr. Nicholas Easton,
Mr. Thomas Coggeshall,
Capt. Joseph Whipple,
Capt. Ezbon Sanford.
For Providence.
Mr. Charles Tillinghast,
Mr. John Potter,
Capt. Jabez Bowen,
Mr. Richard Thornton.
For Portsmouth.
Mr. Giles Slocum,
Capt. George Lawton,
Mr. Jonathan Nichols,
Mr. Stephen Brownell.
For Warwick.
Mr. John Rice, Jr.,
Mr. Wm. Greene,
Mr. Peter Greene,
Mr. John Whitman.
For Westerly.
Col. Oliver Bab cock,
Capt. Christopher Champlin.
For New Shoreham.
Mr. Thomas Mitchell, Jr.,
Mr. Nathaniel Littlefield.
For North Kingstown.
Mr. Job Tripp.
Mr. Jeoffrey Hassard.
For South Kingstown.
Capt. Robert Hassard.
Mr. Robert Hassard.
For East Greemvich.
Mr. Thomas Spencer,
Mr. John Jenkins.
For Jamestoivn.
Capt. Benjamin Sheffield,
Mr. John Paine.
Smithfield.
Mr. Thomas Sayles.
Mr. Wm. Arnold.
Scituate.
Mr. Edward Sheldon,
Mr. Stephen Hopkins.
Glocester.
Capt. John Smith,
Mr. Richard Steere.
Mr. Thomas Spenser, speaker.
Mr. Josias Lyndon, clerk.
The following officers were declared elected, and duly
engaged.
The Hon. John Wanton, Governor.
The Hon. George Hassard, Deputy Governor.
544
RECORDS OF THE COLONY OF RHODE ISLAND
[1738.
ASSISTANTS.
Mr. John Chipman,
Mr. Peter Bours,
Mr. Ezekiel Warner,
Mr. Joseph Fenner,
Mr. George Cornell,
Mr. Wm. Anthony,
Capt. James Arnold,
Mr. Philip Arnold,
Mr. Jeremiah Gould,
Mr. Rouse llelme.
SECRETARY.
Mr. James Martin.
GENERAL ATTORNEY.
Mr. James Iloneyman, Jr.
God save the Kin^.
GENERAL TREASURER.
Mr. Gideon Wanton.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the second Tues-
day of June, 1738.
The Hon. John Wanton, Governor.
With the assistants and deputies from the several towns.
Whereas, Capt. Simon Ray and Capt. Peter Ball, were ap-
pointed a committee to carry on the building a pier at Block
Island ; —
It is therefore resolved, that the clerk of the house of depu-
ties, be, and he is hereby appointed and directed to cite said
Simon Ray, and Peter Ball, to appear at the next session of
this Assembly, and render an account in writing of their pro-
ceedings in said affair.
1738.] AND PROVIDENCE PLANTATIONS. 545
Voted, that Joseph Tripp, of Portsmouth, in the county of
Newport, is admitted a freeman of this colony.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the Uh day of
July, 1738.
The Hon. John Wanton, Governor.
With the assistants and deputies from the several towns.
[No business of a public nature, was transacted at this
session.]
Voted, that Daniel Abbott, Esq., is chosen deputy governor,
of this colony, in the room of the Honorable George Hassard,
Esq., deceased.
Voted and resolved, that this Assembly be adjourned to the
third Monday in August next, to Newport, if a sufficient num-
ber of members [shall be present] that day, to constitute an
Assembly ; if not, the next day.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport* the fourth
Tuesday in August, 1738.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns*
An Act for dividing and incorporating the town of Westerly
into two towns, and the same to be known and distinguished
by the names of Westerly and Charlestown.
vol. iv. 69
546 RECORDS OF THE COLONY OF RHODE ISLAND [1738.
Whereas, the present town of Westerly, is very large, and
its inhabitants are numerous, many of whom live at a very re-
mote distance from the place of meeting appointed for the
transacting the public and prudential affairs of the town ; and
the rivers there (especially in the middle part thereof) being
very large, so that the way to said meeting is rendered diffi-
cult as well as dangerous, and many of the inhabitants are
thereby often impeded and hindered in attending thereon,
which proves a great injury and hurt to them :
And whereas, the said town is well situated, and lies com-
modious for a division into two towns, which being divided,
will tend to the general interest and advantage of all its in-
habitants ; —
Be it enacted by the General Assembly of this colony, and
by the authority thereof it is enacted, that the line for dividing
said town, be as follows, viz. :
Beginning northerly, where Wood river enters the line be-
tween the said town of Westerly and North Kingstown, and so
running by the natural course thereof, so for, until said river
empties itself into a river river called Pawcatuck ; and then to
run or extend as said Pawcatuck river runs by the banks
thereof, westward, three miles; and from thence, a south
or southerly course, to the sea ; and that for the future, the
town of Westerly extend no further eastward than the afore-
said line.
And be it further enacted by the authority aforesaid, that all
the rest of said lands heretofore westerly situate, lying and be-
ing to the eastward of the aforesaid line, be, and they are hereby
incorporated and erected a town, and called and distinguished
by the name of Charlestown ; and that the inhabitants thereof,
have all the liberties; privileges and immunities in the same man-
ner as the other towns in the government enjoy by charters.
And be it further enacted by the authority aforesaid, that
Jeremiah Gould, John Rice and William Greene, Esqs., be ap-
pointed a committee to run a line between the aforesaid town,
and erect and make thereon proper monuments and bounds
1738.] AND PROVIDENCE PLANTATIONS. 547
for distinguishing the same, and to perform the same forth-
with.
And be it further enacted by the authority aforesaid, that
the justice of the peace in the town of Charlestown, as soon as
conveniently may be, issue forth a warrant, to summon in the
freemen to elect and make choice of their town officers, for the
management of the prudential affairs of said town ; and also?
for the choice of two deputies for said town, to represent the
same at the General Assembly in the October session next ;
and so on from time to time, as by charter is appointed ; and
that the town of Westerly send two deputies, to be chosen in
manner as usual.
And be it further enacted by the authority aforesaid, that
each of the said towns, have their proportion of the interest of
the bank money appropriated for the towns in this colony,
in the same proportion, and according to the sums that the
lands in each town are mortgaged for.
And be it further enacted, by the authority aforesaid, that
the town of Westerly send three grand jurors to attend on the
general session of the peace, for the county of Kings county, and
two petit jurors to attend at the inferior court, for said county ;
and that the town of Charlestown send two grand jurors to at-
tend on said court of general session of the peace, and two
petit jurors to attend on said inferior court.
And it is likewise further enacted, that the towns of West-
erly and Charlestown, shall each send to the superior court,
one grand juror, and one petit juror, to attend on the same.
Voted and resolved, that the sum of £2Q 2s., be allowed and
paid to William Cook, out of the general treasury, for his care
and attendance at the ferry, called Cook's Ferry, in order to
prevent the small pox from spreading here, when it was preva-
lent at Martha's Vineyard.
Voted and resolved, that Messrs. Peter Bours, Joseph Whip-
ple and William Ellery, be, and they are hereby appointed a
committee to prepare the draft of a letter, to be signed by
His Honor, the Governor, and sent to His Excellency, the
Governor of the Province of the Massachusetts Bay, to inform
548 RECORDS OF THE COLONY OF RHODE ISLAND [1738.
him of the report of the lords of trade to the lords of the com-
mittee of council, upon the controversy relating to the bounds
of this colony, a copy of which is now before this Assembly.
Whereas, sundry inhabitants of the town of New Shoreham,
in this county of Newport, did, by petition, set forth to this
Assembly, the ill conveniences attending there being but two
wardens in said town ; —
It is therefore voted and enacted, that there shall be two
more wardens added to the town of New Shoreham, to be
chosen in the same manner as heretofore has been customary,
according to their charter.
Voted and resolved, that the sum of £100, be remitted to
our agent in Great Britain ; and that His Honor, the Governor,
Messrs. George Goulding and Joseph Whipple, be, and they
are hereby appointed a committee to purchase bills of ex-
change, gold or silver, to that value, and draw the money out
of the general treasury, to pay for the same, and send it as
soon as conveniently may be.
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, 1738.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, several of the freemen and enlisted soldiers, be-
longing to the first company, or train band of the town of
Providence, in the county of Providence, did, by petition, set
forth to this Assembly, that said company was very large, and
considerable in number, and some of them lived a great distance
from the place of rendezvous ; and therefore pray this Assem
1738.] AND PROVIDENCE PLANTATIONS. 549
bly, that the southerly part of said first company might be set
apart and constituted into another company, and invested with
the same liberties and privileges as the other train bands
have and enjoy in this colony ; —
Whereupon, it is voted and resolved, that the said first com-
pany of the town of Providence, be divided into two companies,
agreeably to said petition ; and that the Honorable deputy gov-
ernor, Messrs. William Hopkins and Charles Tillinghast, be,
and they are hereby appointed a committee to divide said com-
pany, that so they may choose their officers the next choice ;
and that said committee make report to the next session of
this Assembly.
Voted and resolved, that this Assembly be adjourned to the
third Monday in December next, to Providence.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Providence, the \Wi day
of December, 1738.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
[The following public laws, passed during the year ] 738,
will be found at length in the printed Digest of 1744.]
An Act in addition to an act, entitled a 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 for the better securing the payment of interest due on
the several banks ot money emitted by this government.
550 RECORDS OF THE COLONY OF RHODE ISLAND [1739.
An Act in addition to an act for the making of £30,000, to
exchange torn bills of public credit.
An Act enabling and appointing trustees or guardians to lease
out the lands belonging to the sachem in the Narragansett
country.
An Act in addition to the several acts already made, for the
prevention of the spreading of infectious distempers, &c.
An Act appointing the time that waste gates in the several
dams in this colony are to be kept open, for venting the
natural course of the water to the next dam of any grist
mill below the same.
An Act for emitting £100,000 in bills of public credit.
An Act empowering three or more justices of the peace to try
persons guilty of theft, not exceeding the value of £10.
An Act allowing the clerks of the inferior courts of common
pleas and general sessions of the peace, fees for entering
judgment without verdict, and for administering oaths in
the several courts.
An Act restricting the justices of the several courts of general
sessions of the peac^ from drawing money out of the treasu-
ry, to defray their expenses.
An Act to prevent illegal voting for officers within this
colony.
An Act for the better securing the interest money due the
colony on former banks emitted.
[No business of a public nature, was transacted at this
session.]
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Warwick, the third Tues-
day in February, 1738-9.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
1739.] AND PROVIDENCE PLANTATIONS. 551
Voted, that the following be admitted freemen of this
colony :
Of Providence, Daniel Brown, Elisha Brown, Alexander
M. Creary, John Hoyle, Jr., John Birkett, William Field, Paul
Dexter, James Daley, Daniel Sprague, Benjamin Hunt, Ama-
ziah Waterman and John Paine.
Of Warwick, Henry Rice, Andrew Barton and Alexander
M. Gregory.
Of North Kingstown, William Havens, Jr., Ebenezer Ca-
hoone, John Cleaveland, Stephen Card, Robert Northup, Sam'l
Watson and Samuel Fones.
Of South Kingstown, Joseph Torrey, Immanuel Clark, Jireh
Mumford and Henry Gardner, son of Nicholas.
Of Charlestown, John Mumford and George Kenion.
Voted and resolved, that the account of James Helme,
amounting to <£11 16s. M,, for the necessaries found and work
done to the county house, in Kings county, be allowed, and
paid out of the general treasury.
An Act for the building of a new colony house.
Be it enacted by the General Assembly, and by the authori-
ty thereof it is enacted, that a new colony house be built and
made of brick, at Newport, where the old one now stands, con-
sisting of eighty feet in length, and forty in breadth, and thirty
feet studd ; the length whereof, to stand near or quite north
and south.
And that Peter Bours, Esq., Mr. Ezbon Sanford, Mr. George
Goulding and Mr. George Wanton, be appointed a committee
to procure materials, and carry on the building of said house,
as soon as conveniently may be, and draw out of the general
treasury for that purpose £1000, as soon as the same shall be
wanted ; which committee shall render an account unto His
Honor, the Governor, John Chipman, William Ellery and Jos.
AVhipple, Esqs., how, and after what manner the said £'1,000
is expended and laid out ; and have a certificate from them,
that they have so accounted ; and upon presenting the same
to the general treasurer, they are empowered to draw one other
552 RECORDS OF THE COLONY OF RHODE ISLAND [1739.
thousand pounds, and account for the same in manner as afore-
said, before they draw any more ; and so on, in like manner,
until said house is finished.
And that Josias Lyndon attend upon the last mentioned
committee as a clerk, in order to receive the account of the
first mentioned committee, after they are examined, and enter
them in a book to be kept for that purpose, and present it to
the General Assembly when, and so often as called for ; and
that the first mentioned committee dispose of the old colony
house at a public vendue to the highest bidder, for the use
of the said colony.
Whereas, William Arnold and Thomas Sayles, Esqs., by pe-
tition, did set forth to this Assembly, that some time since, ap-
plication was made to the General Assembly, for some assist-
ance in building a bridge over Pawtucket river, at a place
called Wansoket Falls, in Smithfielcl, upon which £70 were
granted, with encouragement of further assistance, if needful ;
since which, said bridge is built, and the said sum expended,
together with a further sum raised by subscription ; but there
still remains the sum of £53 yet due and unpaid, towards
the charge of said work, and prayed the same might be paid
out of the general treasury ; —
It is therefore voted and ordered, that the sum of £53 be
allowed and paid out of the general treasury, to the petitioners,
William Arnold and his father, for the use aforesaid.
Whereas, William Hopkins, Esq., did, by petition, set forth
to this Assembly, that the great bridge over Pawtucket river,
is by the late great flood of water, partly carried away, and
rendered useless to the public ; and therefore prayed this
honorable Assembly, that proper persons might be appointed
to repair that part of the bridge that was built by this colony,
at the charge of the colony ; —
Which being duly considered, be it therefore enacted by
the General Assembly, that William Jenckes, Esq., be, and he
is hereby appointed to repair the one half part of the said
bridge ; and that the sum of £50 be allowed and paid out of
the general treasury, for that purpose.
1739.]
AND PROVIDENCE PLANTATIONS.
553
Provided, that the General Court or Assembly of the Prov-
ince, or any other person on their behalf, shall repair the other
half, thereof; and that also an open highway be laid out, or pro-
cured on the other side of said bridge, from the main road
down to the same.
Whereas, Andrew Brown, of Glocester, in the county of
Providence, did, by petition to this Assembly, set forth that the
great bridge over Chepatsick river, is very much gone to decay,
and not safe for travellers to pass over ; and therefore prayed
that it might be repaired at the charge of the colony, since the
same is of very great use and advantage to the public ; —
Upon consideration whereof, it is voted and ordered, that the
said Andrew Brown draw out of the general treasury the sum
of £20, to re-build said bridge with ; provided, he will do the
same for said sum.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the first
Tuesday in May, 1739.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
ASSISTANTS.
Mr. John Chipman,
Mr. Peter Bours,
Mr. Ezekiel Warner,
Mr. Joseph Fenner,
Mr. George Cornell,
Mr. Wm. Anthony,
Capt. James Arnold,
Mr. Philip Arnold,
Mr. Jeremiah Gould.
Mr. Francis Willett, speaker.
Mr. Josias Lyndon, clerk.
vol. iv. 70
554 RECORDS OF THE COLONY OF RHODE ISLAND [1739.
Voted; that the following be admitted freemen of this
colony :
Of Newport, "Wing Spooner, Elisha Shearman, Nathaniel
Coddington, Jr., John Collins, William Wickham, Stephen
Tripp, Robert Kelley, Rouse Potter, Thomas Borden, Nicholas
Easton, Jr., Peleg Barker, Daniel Wilcox, John Easton, son of
Joshua, John Rogers, son of Peleg, Samuel Hull, John Cook,
Silas Cook, James Sisson, Job Bennett, Jr., John Rodman, Na-
thaniel Allcock, Stephen Mott, Thomas Dring, John Allen, son
of James, John Bannister, George Lawrence, Joseph Silvester,
Richard Lowden, William James, son of John, James Wanton,
John Parry, James Rogers, Jr., William Rogers, Jr., Clement
Weaver, Jr., Thomas Weaver, son of Benjamin, Benjamin Bur-
roughs and James Gibbs.
Of Providence, Thomas Manchester, Jeremiah Merryhew,
David Roberts, Josiah King, Daniel Olney, Ebenezer Tyler,
Nicholas Cook, Ezekiel Sheldon, Thomas Remington, John
Knight, Jr., John Briggs and John Potter, son of Job.
Of Portsmouth, John Fish, Mathew Slocum, Abraham
Anthony, Jr., Thomas Lawton, son of Benjamin, and John
Hicks.
Of Warwick, Ebenezer Perkins, John Potter, John Allerton,
Job Greene, son of Fones, John Levally, Philip Baker, James
Greene, son of John, Jonathan Nichols, Peter Greene, son of
Major Peter Greene, Charles Andrew, William Briggs, Markin
Salsbury and William Warner.
Of Westerly, Joshua Vorse, Samuel Maxson, John Cotterel,
the 2d, Joseph Hull, Thomas Forster, James Champlin, Thomas
Brand, son of Tobias, Thomas Burdick, the 4th, Nathaniel
Crandall, William Maxson, John Burdick, David Burdick,
Eleazer Brown, Jonathan Talmitter, Stephen Willbore, William
French and Jedediah Davis.
Of North Kingstown, John Nichols, Joseph Weight, Jr.,
Samuel Dawley, Benjamin Nichols, William Congdon, Edward
Greene, Jr., James Allen, Edward Slocum, John Albro, yeoman,
John Albro, the 4th, William Hill, Jr., and John Records.
Of South Kingstown, Henry Gardner, son of Nicholas, John
1739.] AND PROVIDENCE PLANTATIONS. 555
Gardner, son of William, Fones Hassard, Ephraim Gardner, Jr.,
Job Card, the 3d, and Joseph Holway.
Of East Greenwich, Stephen Nichols, Thomas Spenser, son
of John Spenser, Jr., John Wood, Jr., Silas Greene, John Grin-
old, John Tarbox, Jr., William Wood, Ayres Ellis, Benjamin
Bennett and Newman Perkins.
Of Jamestown, Mathew Greenal, Ebenezer Slocum, Henry
Tew, Jr., Elisha Tew, Thomas Cranston, son of John, and Geo.
Underwood.
Of Smithfield, Nehemiah Sprague, Thomas Beadle, Israel
Whipple, John Dexter, Jr., Daniel Jones, Noah Whitman, Jos.
Arnold, son of Joseph, Moses Arnold, Daniel Cumstock, Jr.,
James Appleby, Henry Blackmore, Stephen Olney, Gideon
Pain, Stephen Sly and Jeremiah Brown, Jr.
Of Scituate, Simon Davis, George Dorrance, Jr., Samuel
Dorrance, Jr., William Corey, Zuriel Mathewson, Reuben Hop-
kins, Stephen Forster, Daniel Whittaker, John Borden, James
Franklyn and William Tiler.
Of Glocester, Samuel Short, David Boss, David Ross, Jr.,
Stephen Smith, John Benson, John Jenckes, Jeremiah Irons,
John Inman, Jr., Anthony Steere, John Hunt and Abraham
Inman.
Of Chaiiestown, Joseph Johnson, Ichabod Enos, Stephen
Sweet, Silvester Kenion, Ezekiel Barber, Nicholas Larkin and
James Webster.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Newport, the first
Wednesday of May, 1739.
4
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
556
RECORDS OF THE COLONY OF RHODE ISLAND
[1739.
For Newport.
Mr. George Goulding,
Mr. William Ellery,
Mr. Nicholas Easton,
Mr. John Bennett,
Mr. Godfrey Malbone,
Capt. Ezbon Sanford.
For Providence.
Mr. Richard Fenner,
Mr. Peter Burlingame,
Mr. James Williams, Jr
Mr. Robert Gibbs.
For Portsmouth.
Mr. Giles Slocum,
Capt. George Lawton,
Mr. Stephen Brownell,
Col. Win. Hall.
For Warwick.
Mr. John Rice, Jr.,
Mr. Wm. Greene,
Major Joseph Stafford.
For Westerly.
Mr. Thomas Hiscox,
Mr. Joshua Babcock.
DEPUTIES.
For New Shoreham.
Mr. Edward Sands,
Mr. Nathaniel Littlefield.
For North Kingstoivn.
Mr. Francis Willett,
Mr. John Hall.
For South Kingstown.
Capt. Robert Hassard,
Mr. Robert Hassard.
For East Greenwich.
, Mr. John Spenser, Jr.,
Mr. Giles Pearse.
For Jamestown.
Mr. Teddeman Hull,
Mr. Edward Carr.
For Smithfield.
Mr. Resolved Waterman,
Mr. William Jenckes.
For /Scitiiate.
Mr. Job Randall,
Mr. James Colvin.
For Glocester.
Capt. John Smith,
Mr. Richard Steere.
For Charlestovm.
Mr. Samuel Perry.
Mr, Francis Willet, speaker.
Mr. Josias Lyndon, clerk.
The following officers were declared elected, and duly
engaged. +
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
1739.] AND PROVIDENCE PLANTx\.TIONS. 557
ASSISTANTS.
Mr. John Chipman, Mr. Gideon Cornell,
Mr. Peter Bours, Capt. James Arnold,
Mr. Ezekiel Warner, Mr. Philip Arnold,
Mr. Joseph Fenner, Mr. Jeremiah Gould,
Mr. George Cornell, Mr. Rouse Helme.
SECRETARY. GENERAL TREASURER.
Mr. James Martin. Mr. Gideon Wanton.
GENERAL ATTORNEY.
Mr. James Honeyman, Jr.
Voted and resolved, that that part of the act for building a
new colony house, which directs the length thereof to be north
and south, be repealed ; and that the length of said house be
put east and west.
Voted and resolved, that the committee who were appointed
to erect additions to the pest house, at Coasters' Harbor, be,
and they are hereby empowered to draw out of the general
treasury the sum of £50, to procure stuff and materials to car-
ry on said building with.
Voted and resolved, that the affair of the gore of land in
controversy, be referred to the next session of this Assem-
My J—
And that, Messrs. Peter Bours, Godfrey Malbone, Daniel
Updike and James Martin, be, and they are hereby appointed
a committee, to write to the General Court of the Province of
the Massachusetts Bay, concerning said controversy, and to en-
deavor an accommodation of the same.
Voted and resolved, that Col. Daniel Updike be allowed and
paid out of the general treasury the sum of £20, for drawing
a state of the case with the Province of the Massachusetts
Bay, respecting the gore of land, and other claims of this colo-
ny, from said Province.
Voted, that the charges arising on the imprisonment and ex-
558 RECORDS OF THE COLONY OF RHODE ISLAND [1739.
ecution of the pirates, in November last past, be paid out of
the general treasury.
Voted and resolved, that the four bills of costs on the trial
of the pirates in October, A. D. 1738, amounting to the sum of
£196 19s. (first deducting the sum of £2 10s., overcharged by
the advocate general, in each bill of cost), be allowed and paid
out of the general treasury, to the several persons therein
mentioned.
God save the King.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Portsmouth, the \()th
day of July, 1739.
The Hon. John "Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Upon the petition of sundry of the inhabitants of the town
of Newport, setting forth that the new colony house to be
built, would look more commodious, &c, if the length thereof
should be set north and south, and praying that the present
situation might be altered ; —
It is thereupon voted and ordered, that the late act passed for
setting the length of the colony house east and west, be re-
pealed, and that the length thereof, be built north and south ;
and that a cellar be made under the same.
Upon the petition of the town council of Newport, in behalf
of said town, setting forth the difficulty said town has labored
under for some time ; together with the vast charge and ex-
pense that hath accrued upon the means used to prevent the
spreading of the small pox ; —
1739.] AND PROVIDENCE PLANTATIONS. 559
It is voted and ordered, that the said town of Newport be
accommodated with the sum of £500, to be drawn out of the
general treasury, by the said town council of Newport, towards
paying the extraordinary charge above mentioned.
Voted, that Messrs. William Ellery, Godfrey Malbone
and George Wanton, be, and they are hereby appointed
a committee to procure a suitable boat to be built for Fort
George ; and the charge thereof, to be paid out of the general
treasury ; and that they dispose of the old boat to the best
advantage.
Voted and resolved,, that the account of Lawrence Lang-
worthy, amounting to £183 18s. Qd., for powder, supplied Fort
George, be allowed, and paid out of the general treasury.
An Act appointing commissioners for the settling and es-
tablishing the eastern controverted lines.
Whereas, the controversy respecting the gore of land, and
the other controverted line, between this government and the
Province of the Massachusetts Bay, is still subsisting ; and it
being apprehended that it would highly conduce to the honor
and interest of each respective government, and to the peace
and happiness of the inhabitants bordering on those contro-
verted lines, that the same should be speedily, amicably and ef-
fectually determined ; —
Be it therefore enacted by the General Assembly and by
the authority thereof it is enacted, that Peter Bours, Gideon
Cornell, James Honeyman, Jr., Stephen Hopkins, Daniel Up-
dike, Samuel Clarke and Francis Willett, Esqs., be, and they
are hereby appointed commissioners, and fully authorized and
empowered to meet with commissioners, that are, or shall
be appointed, and fully authorized by the General Court
or Assembly of the said Province of the Massachusetts Bay,
and with them to agree, compromise and finally determine the
controversy respecting the aforesaid gore of land, and the other
controverted lines between the two governments ; and such
agreement and determination, signed, sealed and perfected by
the commissioners of this colony, with those appointed by the
5G0 RECORDS OF THE COLONY OF RHODE ISLAND [1739.
said Province of the Massachusetts Bay, shall be forever ad-
judged good and valid by this government.
Provided, always, that such agreement and determination
shall be made and given at or before the 12th day of
October next.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport^ the third
Tuesday in August, 1739.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that in case the commissioners appoint-
ed by this General Assembly, to meet with the commissioners
of the Province of the Massachusetts Bay, do not agree upon
a settlement of the boundaries between this colony and that
Province, that then, His Honor, the Governor, Peter Bours,
Esq,, Messrs. George Goulding and Joseph Whipple, be, and
they are hereby appointed a committee and empowered to draw
out of the general treasury a sufficient sum, to purchase bills
of exchange, gold or silver, and remit the same to our agent, to
defray the charges of taking out the commission appointing
commissioners for settling the eastern controverted lines ; and
that said commission be taken out forthwith.
Voted and resolved, that there be lent to Messrs. Godfrey
Malbone, John Brown and George Wanton, so many of the
colony's small arms, pistols, cutlasses and great shot, as they
have occasion of, for fitting out their private men of war,
upon their giving sufficient security to the general treasurer as
many and as good (as they shall receive) paying the necessary
charges arising thereon, in one month's time, from the rising of
1739.] AND PROVIDENCE PLANTATIONS. 561
this Assembly, to Messrs. Jahleel Brenton, Jos. Whipple and
Henry Tisdale, who are hereby appointed to view said arms,
pistols, cutlasses and shot, and take an account thereof, to
deliver the same to said persons.
Voted and resolved, that His Honor, the Governor, grant all
such commissions in behalf of this colony, to private men of
war against Spain, and the subjects thereof, &c, as he
shall think needful and necessary, pursuant to His Majesty's
warrant.
God save the Kino-.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at South Kingstown, the last
Wednesday in October, 1739.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that the secretary write to Ellis Hugh,
Esq., of Portsmouth, in New Hampshire, and inform him that
this General Assembly, is well assured that the two £b bills sent
by him to this government, are counterfeit bills, and that this
government is ready to make proof of the same, by two of the
grand committee going down to the court when the offenders
are to be tried, upon receiving notice that the same is necessa-
ry ; and that the secretary procure the oaths of two or more
of the grand committee, and enclose the same in his letter to
the said Mr. Hugh.
Voted and resolved, that His Honor, the Governor, issue out
a proclamation, promising any person or persons a reward of
£200, who shall discover to this colony the plates on which the
late counterfeit £-5 bills in imitation of the bills of this colony
were impressed, and detect the persons who counterfeited said
vol. iv. 71
562 RECORDS OF THE COLONY OF RHODE ISLAND [1730.
bills, that they may be convicted, and suffer the punishment
due to such crimes ; and that His Honor, the Governor, write
to the Governor of the Massachusetts Bay in the same manner,
as the secretary is directed to write to Mr. Hugh, relating to
the counterfeit bills.
Voted and resolved, that Peter Bourse, Esq., write to the
commissioners of the Province of the Massachusetts Bay, and
inform them that it is the resolution of this government to pro-
ceed no further in the controversy relating to the eastern
bounds of this colony, by choosing commissioners, but wait for
the King's commission in that affair.
Voted and resolved, that His Honor, the Governor, write
to our agent, strenuously to oppose at home the making any
addition to the sugar act, that so much affects the northern
plantations ; and that His Honor also write to the neighboring
governments, requesting them to join with us in opposing the
same.
[The following public acts, passed during the year 1739?
will be found printed at length in the Digest of 1744.]
An Act for rating and assessing foreigners and strangers trad-
ing with this government. j-
An Act directing the attorney general to give the general
treasurer a receipt for all such bonds as he shall receive to
put in suit for the colony's debts.
An Act for preventing the spreading of the small pox.
An Act to regulate the meeting, and prevent the failing of the
General Assembly of this colony.
An Act for the maintenance of insolvent debtors in jail, and for
repealing the several acts heretofore made for that purpose.
An Act enabling the trustees of the Indian sachem to lease
out new settlements of land belonging to him, for the space
of fourteen years.
God save the Kino;.
1740.] AND PROVIDENCE PLANTATIONS, 563
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at South Kingstown, the &lh
day of January, 1739-40.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Report on the boundary between Rhode Island and Connecticut.
4 Whereas, the General Assembly, at their session, held at Providence, on the last
Wednesday in October, A. D. 1736, nominated and appointed us, the subscribers,
a committee to renew the bounds between this colony and the colony of Connecti-
cut, and to notify said colony of Connecticut thereof, and appoint the time, and to
■do the same as soon as conveniently might be $ —
In pursuance whereof, we, the said committee, soon after our being nominated for
that purpose, notified His Honor, the Governor of the colony of Connecticut, thereof,
and sent him an attested copy of the vote of said General Assembly, and appointed
the time and place when and where to meet ; soon after which, we received an an-
swer from His Honor, the Governor, that they had not then appointed a committee,
but that he was of opinion they should speedily do it for that service, and desired us to
defer the matter for some time, which we accordingly did ; afterwards, we received
a letter from Roger Wolcott, Esq., who informed us, that he, together with Esquire
Wadsworth, and one Mr. Avery were appointed a committee for that government,
to >in with us in the affair; but that they did not approve of the place we had ap-
pointed to meet at, being at Killingley, and withal appointed the 10th of October,
1 738, to meet us at the widow Thompson's, at Westerly ; at which time, we sat out
in order to meet them, and by the way met with a letter from the said Mr. Wolcott,
which informed us that he had not been well for some time, and said Mr. Wads-
worth, also, and that they could not well attend the service at that time ; whereup-
on, we returned home again, and afterwards wrote to them, and appointed the
place to meet us, in October, 1739, to which they wrote us an answer that they
could not meet us at that time, but appointed to meet us on the second Wednesday
in November, being the 14th day of said month, A. D. 1739, at said widow Thomp-
son's; and that if they heard no further from us, before that time, they should de-
pend we would meet them; to which, we gave them no answer, but concluded to
join with them ; and accordingly, on the said 1 Hh day of November, we, the sub-
scribers, did meet at the house of the said widow Thompson's, in Westerly, and
there waited til! the next day about 12 of the clock; at which time, the Connecticut
gentlemen did not appear, nor could we hear any thing from them; and we con-
sidering that they had never sent us any copy of a vote of their General Assembly,
whereby they were appointed, and therefore it did not manifestly appear to us,
whether that government had appointed a committee for that service or not ; and
the affair, having from time to time, been so long deferred, that we concluded
664 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
it was high time to proceed thereon without them ; and accordingly did proceed to
renew the said bounds on November the 15th, 1739.
We began at the north of Ashewague river, where it runs into the Pawcatuck
river, and renewed said bounds from place to place, until we came to Warwick south
west corner, which was a large heap of stones, when made in the year A. D. 1728,
with sundry trees marked with several letters on them, near said heap of stones,
which two of us well remember, being then present, and helped to make said heap
of stones, and mark said tree9 ; which heap of stones was made in the edge of a
swamp, on the east side thereof, where some cedar grows in some part of said swamp ;
we found said heap of stones to be removed and all gone from said place ; but the
trees standing with the old marks on them, viz. : W.W: BE DA; JW:, and sundry
other letters of them ; and we new marked said trees, leaving all the old marks
standing on them.
And we also made up a large heap of stones in the same place, where the former
heap was made, which is on the east side of a pitch pine tree, near said tree ; so
near, that some of the heap of stones lieth on the roots of said tree ; and said pine tree
was one of the trees that was marked when said corner was made in the year 1728$
which being then cut through the bark, was partly grown up ; but there was now
plain to be seen on the cast side thereon an R ; and we now new marked said pine tree
with the two first letters of our names, thus : DA JJ WG, on the east side of said pine
tree ; one maple tree, standing about half a rod about south west from said corner, is
marked with JS, and another maple tree standing about three-quarters of a rod,
about north east from said corner, is marked with many letters, both old and new ;
said pine and said maples stand near in a range one with the other. There were
near twenty men present at oar renewing said corner, and many of them set their
names, or the two first letters thereof, on the trees standing near about the same.
And from said south west corner of Warwick, November 1 7th, we proceeded north-
ward, and renewed the former bounds from place to place, in the dividing line as
run in the year 1728, between said colonies, until November the 20th, 1739, when
we came to the north west corner of this colony adjoining to the Bay line ; it being
a large heap of stones on the west side of a large high hill, commonly called Ab-
bott's Hill ; which heap of stones we renewed, and we found standing near said heap
of stones several large trees with the old marks plain on them, viz. :
One large pitch pine tree, marked with the day of the month and date of the year,
when said corner was made ; one other pitch pine tree, marked with sundry letters ;
both said trees stand within about a rod of the cerner, one about south west from
said corner, and the other about a rod eastward thereof; some white oak trees are
also marked near said corner, with sundry letters ; and we new marked several of
said trees ; one of them, the said pine tree, we marked with the first letters of our
names, and day of the month, and date of the year, as thus, viz.: 20th November, 1 739.
REVISED
DA)
JJ [COMMIT
WG>
Which is humbly submitted to this Honorable Assembly, as a return
of Your most humble servants, DANIEL ABBOTT, \
JOHN JENKINS, C Committee.
WM. GREENE, )
1740.] AND PROVIDENCE PLANTATIONS. 5G5
Voted and resolved, that the afore-written report be ac-
cepted ; and that the same be entered upon record, by the
secretary.
Voted and resolved, that the following sums be paid out of
the general treasury to the several persons hereafter men-
tioned, being for their time and expenses in revising and re-
newing the boundary line between this colony and the colony
of Connecticut in November last past, viz. :
To the Honorable Daniel Abbott, Esq., £20 13s. 10d., to
Mr. John Jenkins, £17 10s., to Mr. William Greene, £24 9s.
Qd., and to Capt. Ishmael Spink, £9, said Spink attending
the committee, at their request.
God save the Kino;.
Proceedings of the General Assembly held for the Colon?/ of Rhode
Island and Providence Plantations, at South lungstoivn, the
2&k daij of February, 1739-40.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
Voted, that the following be admitted freemen of this
colony :
Of Providence, John Potter, son of John Potter, Esq.,
Ephraim Bowen, Obadiah Brown, Jr., Capt. William Walker
and Thomas Clemence, Jr.
Of Warwick, Othniel Gorton, Jos, Stafford, Jr. and Benj. Colvin.
Of East Greenwich, Alexander Nichols, Gideon Brayton,
Pardon Tillinghast, Jr., Job Reynolds, John Pearce, John Maw-
ny, Robert Sweet and Thomas Wait.
Of Scituate. John Bates.
566 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
Of Glocester, Elijah Inman and John Daley.
Of Charlestown, Joseph Enos, Jr.
Whereas, Joshua Babcock, Esq., was appointed to procure a
bell for the court house in Kings county, —
It is therefore resolved, that the said Joshua Babcock, be,
and he is hereby empowered and directed to draw the sum of
£25 out of the general treasury, to pay fur the same.
An Act for making some necessary preparations for the defence
of the government in time of war.
Whereas, war is already proclaimed by His Most Sacred
Majesty against the kingdom of Spain, and in all probability
will for some time continue ; and as the security and preser-
vation of the government under God, depends on suitable and
necessary preparations for war being made, in case of an inva-
sion, by the enemy ; —
Upon consideration whereof, be it enacted by the General
Assembly, and by the authorit}^ thereof it is enacted, that there
be a captain and lieutenant appointed and commissionated to
act in those respective offices, at Fort George, over the soldiers
that shall be enlisted there.
And be it further enacted • by the authority aforesaid, that
the field officers of the county of Newport, be empowered to
impress and enlist twelve good able men of said county, one
whereof, to be a gunner ; and oblige them forthwith to repair
to said fort, and do their duty as soldiers ; who, for their ser-
vice, shall be entitled to receive out of the general treasury
£i each per month (except the gunner, who shall have £6 per
month) ; and twelve shillings per week, to said gunner and
each soldier, for their respective board wages, and their wood
to be found them.
And it is farther ordered, that there be an addition of thirty-
eight men, who shall be enlisted by the said captain and lieu-
tenant, as soldiers, to repair to said furt, upon notice given by
said officers.
And be it further enacted, that the platform of Fort George
1740.] AND PROVIDENCE PLANTATIONS. 567
be made four feet wider than it is at present ; and that the
powder room be ceiled, and the store houses new floored ;
the sills and doors of the barrack houses to be repaired.
And that there be procured for said fort eighteen barrels of
gunpowder, three reams of cartouch paper, two hundred weight
of musket balls and four dozen of crab hand-spikes ; the charge
whereof, to be drawn out of the general treasury, by Messrs.
John Cranston, Ezbon Sanford and George Wanton, who are
hereby empowered to make the aforesaid reparations, and to
procure the said materials.
And be it further enacted by the authority aforesaid, that
the field officers of each of the respective counties of Provi-
dence and Kings county, be empowered to impress and enlist
ten good able men out of each of said counties, as soldiers, to
be sent to New Shoreham, on or before the 20th day of April
next, to be transported at the charge of the colony ; and thare
to continue, in His Majesty's service, for the space of six
months, for the assistance of the inhabitants at said island
against the enemy ; which soldiers shall be under the care and
command of the captain of said island, and shall be by him bil-
leted out at the charge of the inhabitants of said island ; and
shall, for their reward and service, be entitled to receive £o
per month, out of the general treasury, hj a certificate under
the hand of the said captain, duly obtained.
Ana be it further enacted by the authority aforesaid, that
the six great guns at New Shoreham, be mounted on carriages,
in the most convenient manner, as shall be judged by the in-
habitants ; and that they, at their own charge, procure two bar-
rels of gunpowder, one hundred and twenty great shot and
forty pounds weight of musket balls ; and that Capt. Edward
Sands and Mr. Nathaniel Littlefield procure carriages for said
guns, and draw money out of the general treasury, to pay for
the same.
And be it further enacted by the authority aforesaid, that
there be built one watch house at Castle Hill, one ward house
on Brenton's Point, one watch house at Sachueast Point, and
568 RECORDS OF THE COLONY OF EHODE ISLAND [1740.
the same to be clone by Messrs John Cranston, Ezbon Sanford
and George Wanton, who are hereby empowered to draw out
of the general treasury, monies for the purposes aforesaid.
And that there be built one watch house in the most conven-
ient place at Jamestown, by Mr. John Willson, the cost of
which, to be drawn by him out of the general treasury.
And that there be built one watch house at Point Judith, by
Mr. Nathaniel Niles ; one, at Watch Hill, by Doctor Joshua
Babcock, and one at Portsmouth, by Mr. John Dexter ; the
charges of all which, to be paid in manner as aforesaid ; the
dimensions of which buildings to be eight feet square, and six
feet stud.
And that each town keep a watch in said houses at their
own charge, and be under the regulation of the council of
war.
And be it further enacted by the authority aforesaid, that
there be one beacon erected at New Shoreham, one at Point
Judith, one at Beaver Tail, one at Newport and one at Ports-
mouth, at the charge of the several towns where they shall be
erected.
And be it further enacted by the authority aforesaid, that
the persons before mentioned, as committees, who by this act
are empowered to draw money out of the general treasury, as
aforesaid, render an account to the General Assembly o( their
respective proceedings.
Voted, that Col. John Cranston is chosen captain of Fort
George.
Voted and resolved, that a good sloop be forthwith built for
the use of this colony, for the defence thereof, not exceeding
one hundred and fifteen tons, in the best shape it can be built.
And that Messrs. Peter Bours, George Goulding, John
Cranston and Joseph Whipple be, and they are hereby ap-
pointed a committee to procure said vessel to be built, and
draw money out of the general treasury to pay for the same, as
it is wanted.
Whereas, the town council of Portsmouth, in the county ot
1740.] AND TROVIDENCE PLANTATIONS. 569
Newport, did represent to this Assembly that several families
in said town, had been visited with the small pox, which had
created a very great charge to the inhabitants thereof; —
Whereupon, it is voted and ordered, that the sum of £50 be
allowed to the town of Portsmouth, out of the general treasury,
towards defraying the said charge ; and that the town treas-
urer of Portsmouth draw out said money for the use of said
town.
Whereas, several of the inhabitants of the town of Newport,
in the county of Newport, did, by petition, represent to this
Assembly, that they had been at great charge and expense in
taking care of a family of Indians that had the small pox?
and also in the building of a house on Dutch Island, to prevent
the spreading of said distemper ; and therefore prayed for some
relief in the premises ; —
Whereupon, it is voted and ordered, that the sum of £47 8s.,
be allowed to the town of Jamestown, out of the general treas-
ury, towards defraying their charges ; and that the town treas-
urer of said Jamestown draw out said money for the use of
said town.
Voted and resolved, that Messrs. Peter Bours, Nicholas Eas-
ton, Joseph Whipple and William Anthony, be, and they are
hereby appointed a commitee to procure some suitable place to
hold the next general election in ; and that they request of the
people called Quakers, in Newport, the use of their meeting
house for that day, for the purpose aforesaid, the colony mak-
ing good all damages that shall accrue to said house, by meet-
ing in it, as aforesaid.
Whereas, Stephen Hopkins, Richard Thornton and John
Rice, Jr., Esqs., judges of the inferior court of common pleas, in
the county of Providence, informed this Assembly, that Capt.
James Olney and sundry others, of the Baptist denomination,
in Providence, made application to them for liberty to meet in
the county house in Providence, on the first day of the week,
to worship God ; upon which, the said judges gave thorn leave
to meet there till the sitting of the General Assembly, and
promised to lay the same before the Assembly, which they
vol. iv. 72
570 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
have now done, and pray the opinion of this Assembly, whether
the said people may meet there for the future ; —
Upon consideration whereof, it is voted and ordered, that the
aforementioned persons of the Baptist denomination have the
liberty of meeting upon the first days of the week, in the said
county house, in Providence, to worship, during the pleasure of
the General Assembly, upon sufficient security being given to the
sheriff of the county aforesaid, for repairing and making good
all damages that shall accrue to the said house by means of the
said persons meeting in the same, as aforesaid.*
God save the King.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Newport, the Wi
day of May, 1740.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
ASSISTANTS.
Mr. John Chipman, Capt. James Arnold,
Mr. Peter Bours, Mr. Philip Arnold,
Mr. George Cornell, Mr. Jeremiah Gould.
Mr. Gideon Cornell,
Mr. Samuel Clarke, speaker.
Mr. Josias Lyndon, clerk.
Voted, that the following be admitted freemen of this
colony :
Of Newport, Peter James, Joseph Leach, Joshua Peckham,
Jeremiah Staniford, Henry Tisdall, Timothy Waterhouse, Nich-
olas Eyres, Collier Pearce, Thomas Perrin; John Almy, Samuel
1740.] AND PROVIDENCE PLANTATIONS. 571
Pitman, Thomas Vernon, William White, Richard Jones, Benj.
Carr, John Sanford, George Franklin, Moses Howard, John
Winslow, Samuel Peckham, Jr., Ralph Stanhope, John May-
lem, Arnold Coddington and John Sisson, Jr.
Of Providence, Peter Burlingame, Jr., Peleg Williams, Jr.,
John Dyer, John Crawford, Archibald Young, Abner Brown?
Peter Newcomb, Benjamin Cary, Edward Kenicut, Solomon
Drowne and Joseph Randall, Jr.
Of Portsmouth, John Shrieve, son of John Shrieve, Jr., Fran-
cis Brayton, Jr., John Strange, Edward Perry, Benjamin Tuck-
er and David Lawton.
Of Westerly, William Thorn and Elisha Clark.
Of North Kingstown, Samuel Money, Samuel Brownell, Jr.
and John Scranton, son of Daniel.
Of Smithfield, Thomas Cruff, Daniel Eddy, Hazael Scott,
Obadiah Sprague and George Willbore.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the first
Wednesday of May, 1740.
The Hon. John Wanton, Governor.
The Hon. Daniel Abbott, Deputy Governor.
With the assistants and deputies from the several towns.
DEPUTIES.
For JSTeivport. For Providence.
Mr. George Goulding, Mr. Peter Burlingame, Jr.,
Mr. William Ellery, Mr. Richard Thornton,
Mr. Nicholas Easton, Capt. Jonathan Randall,
Col. John Cranston, Col. William Hopkins.
Mr. Joseph Whipple,
Capt. Ezbon Sanford.
572
RECORDS OF THE COLONY OF RHODE ISLAND
[1740.
DEPUTIES.
For Portsmouth,
Mr. Gideon Freeborn,
Mr. Win. Anthony,
Mr. Stephen Tollman,
Mr. John Lawton.
For Warwick.
Mr. John Rice, Jr.,
Mr. Win. Greene,
Mr. William Holdon,
Mr. James Rhodes.
For Westerly.
Mr. Thomas Hiscox,
Mr. Joshua Babcock.
For Neiv Shor chain.
Mr. Edward Sands,
Mr. Nathaniel Littleneld.
For North Kingstoivn.
Col. Immanuel Northup,
Mr. Benjamin Weight.
Mr. Samuel Clarke, speaker.
Mr. Josias Lyndon, clerk.
For South Kingstoivn.
Mr. John Potter,
Mr. Ephraim Gardner.
For East Greenivich.
Capt. Peter Mawny,
Mr. Thomas Frye, Jr.
For Jamestown.
Mr. Samuel Clark,
Mr. James Carr.
For Smithficld.
Mr. Resolved Waterman,
Mr. David Comstock.
For jScituate.
Mr. Job Randal],
Mr. James Colvin.
For Glocester.
Capt. John Smith,
Mr. Richard Steere.
For Charlestown.
Mr. Samuel Perry.
Capt. John Hill.
The following
engaged.
officers were declared elected, and duly
The Hon. John Wanton, Governor.
The Hon. Richard Ward, Deputy Governor.
ASSISTANTS.
Capt. Benjamin Ellery, Mr. John Dexter,
Mr. Peter Bours, Mr. Philip Arnold,
Mr. Ezekiel Warner, Mr. John Wickes,
Mr. Richard Fenner, Mr. Jeremiah Gould,
Mr. Gideon Cornell, Mr. Rouse Helme.
1740.] AND PROVIDENCE PLANTATIONS. 573
SECRETARY. GENERAL TREASURER.
Mr. James Martin. Mr. Gideon Wanton.
GENERAL ATTORNEY.
Mr. James Honeyman, Jr.
An Act for raising and enlisting a number of soldiers, to be
transported to the West Indies for His Majesty's service.
Whereas, His Majesty hath been graciously pleased to make
a declaration of war against the King of Spain, and being de-
termined in the most effectual manner to distress and annoy
the Spaniards ; and more particularly by making an attempt
upon some of their most considerable settlements in the West
Indies ; and for that purpose having recommended to this gov-
ernment the necessity of raising a number of soldiers to be
there transported ; —
In obedience therefore, to His Majesty's orders, and for the en-
couragement of those who shall enlist in His Majesty's service,
be it enacted by the General Assembly of this colony and by
the authority thereof it is enacted, that there be a commanding
officer in each regiment in this colony appointed by the Gov-
ernor and so many of the council as are upon Rhode Island, to
enlist so many men as shall be willing to serve His Majesty in
the intended expedition against the Spaniards, which officer so
appointed, shall be obliged to enlist himself.
And be it enacted by the authority aforesaid, that each sol-
dier (so enlisted by said officer) being an able bodied effective
man, shall have the sum of £3 allowed him by the colony, at
the time of his enlisting ; and shall be exempted from all mili-
tary service for the space of three years after his return, ex-
cept in cases of great extremity ; and that the money hereby
allowed, be deposited in the hands of each colonel in the colo-
ny, for the purpose aforesaid.
And in order to facilitate the raising and enlisting such sol-
diers, the field officers in each county be hereby empowered to
call each captain's company together, in order for the aforesaid
574 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
commanding officer to enlist soldiers, as aforesaid ; and that
each of the said officers attend on said companies.
And it is also further enacted by the authority aforesaid,
that there be at the charge of the colony, provided proper
transports for the transporting such and so many men as may
be enlisted, at such time as His Honor, the Governor, upon fur-
ther advice, shall judge proper, to embark them, in order to go
to the place of the general rendezvous.
And be it further enacted by the authority aforesaid, that
Peter Bours, Esq., Messrs. George Goulding and Joseph Whip-
ple, be appointed a committee to provide transports and pro-
visions for the purpose aforesaid, upon notice given them by
His Honor, the Governor.
And that the several colonels have the care of the soldiers
raised in each respective regiment, in providing for them pro-
visions and other necessaries, until they are otherwise disposed
of.
And that the enlisting begin immediately after the procla-
mation of the Governor, who is hereby requested forthwith to
issue out the same, expressing the encouragement offered by
His Majesty, together with what is by this act given.
Voted and resolved, that Messrs. George Goulding and Jah-
leel Brenton, be, and they are hereby appointed a committee to
go down to Ipswich court, in the Province of the Massachusetts
Bay, to attend the trial and give evidence against the persons
to be tried there, for uttering counterfeit bills, in imitation of
the bills of this colony ; and likewise to attend the court in
the Province of New Hampshire, for the same purpose.
Whereas, Joseph Eady, of Glocester, iri the county of Provi-
dence, produced a certificate from Andrew Brown, Esq., a jus-
tice of the peace, in said Glocester, that he had presented to
his view an old wolf's and seven young creatures' heads,
which the said Eady made oath, were wolves' heads, and
that he killed the old wolf and destroyed the young ones, all
within this government, &c. ; —
It is thereupon resolved, that the bounty on the old wolf's
1740.] AND PROVIDENCE PLANTATIONS. 575
head be allowed, and no more ; it being uncertain whether the
young creatures were wolves or not.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the third Tues-
day of June, 1740.
The Hon. John Wanton, Governor.
The Hon. Richard Ward, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that the committee appointed to build
the colony sloop, be still continued ; and that they procure a
master and five other men, such as they shall think suitable, up-
on the best terms they can, to take the care of said sloop and ap-
purtenances, till the next session of this Assembly ; and also to
provide necessary provisions for said sloop ; and that she go on
a cruise as soon as conveniently may be, after being fitted for
the sea ; and at her return, that her sails be unbent and kept
in some secure and proper place.
And that His Honor, the Governor, or in his absence, the
deputy governor, and such of the general council as shall be
present, are hereby empowered to appoint a captain for said
sloop, and send her out for the defence of the colony, at such
times and so often as they shall think proper ; and that the
captain be empowered to take and bring in any foreigners that
are upon an illegal trade, in order that they may be brought
to justice.
Voted and resolved, that Col. John Cranston be, and he is
hereby appointed captain of the colony sloop for the first
cruise ; and that he immediately go on board said sloop, tak-
ing a sufficient number of hands with him, and lake a cruise
57G RECORDS OF THE COLONY OF RHODE ISLAND [1740.
as soon as may be, in order to detect any illegal traders, and
take any of the King of Spain's subjects or interest ; and that
he be commissioned by His Honor, the Governor.
Voted and resolved, that the account of Thomas Potter,
amounting to £31 15s., being for the entertainment of the gen-
tlemen that attended the solemnity of His Majesty's declara-
tion of war against Spain, and likewise for the expense of a
council of war, be allowed, and paid out of the general
treasury.
God save the King.
Proceedings of the General Assembly, held for the Colon)/ of Rhode
Island and Providence Plantations, at Newport^tlie IWi day of
July, 17 '40.
The Hon. Richard Ward, Deputy Governor.
With the assistants and deputies from the several towns.
Voted, that the Hon. Richard Ward, Esq., be chosen Govern-
or of this colony, (in the room of the Hon. John Wanton, Esq.,
late Governor, deceased), and engaged.
Voted, that William Greene, Esq., be chosen deputy govern-
or of this colony, in the room of the Hon. Richard Ward, Esq.,
late deputy governor (now chosen Governor), and engaged.
Voted and resolved, that the three colonels of this colony,
together with the two captains that shall be commissionated,
with the two lieutenants that came from home, immediately
collect two companies, each consisting of one hundred men, out
of all the soldiers that are enlisted in this colony, in order to
go on an expedition against the Spaniards, and discharge the re-
mainder upon the best terms they can ; each colonel acting in
his own county only ; and that the committee appointed at the
1740.] AND PROVIDENCE PLANTATIONS. 577
May session last, provide, as soon as conveniently may be,
transports and provisions for the aforesaid two companies, in
order to convey them to the place of general rendezvous ; and
that they be ready to embark by the 15th day of August
next.
And that His Honor, the Governor, draw sufficient money
out of the general treasury, to pay off the soldiers of both com-
panies to the 24th day of July instant ; and that His Honor
draw upon Col. William Blakeney, at New York, for said sum,
to be remitted back again, and put into the general treasury ;
and that the said lieutenants, with the sergeants they brought
with them from New York, be entertained in the same manner
as the officers appointed here, at the charge of the colony,
while in their duty.
Whereas, there was an information of a French schooner be-
ing upon this coast, on an illicit trade, and thereupon the colo-
ny sloop, named the Tartar, under the command of Col. John
Cranston, was ordered out upon a cruise in quest of said
schooner, and brought her into this port, where she was con-
demned by the judge of vice admiralty ; and after His Majesty's
part, and the charges upon the whole were deducted, there re-
mained to the said sloop Tartar, and company on board, the
sum of £153 Is. ; and there being so many persons on board,
that the sloop's share thereof, would come to but a small
sum ; —
Whereupon, It is voted and resolved, that the part or share
belonging to the said sloop Tartar, be given to the captors on
board, to be divided among them, in the same proportion that
the other part would have been done.
God save the King.
vol. iv. 73
578 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Newport, the third
Monday in August, 1740.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns. ■
Voted and resolved, that the attorney general put out adver-
tisements, promising £10 per head reward, and all necessary
charges paid to any person or persons that shall apprehend all
or any of the soldiers that have deserted from Capt. Wm. Hop-
kins's company, and deliver them to the proper authority, in
Newport, in order that they may be prosecuted.
Voted, that the account of "William Pearce and Robert Ster-
ry, amounting to £26 7s., for transporting a company of sol-
diers, under the command of Capt. William Hopkins, from
Providence to Newport, and providing provisions for them, &c.?
be allowed, and paid out of the general treasury.
Whereas, Christopher Palmer did, by petition, represent to
this Assembly, that in May last past, he being induced by the
promise of a lieutenancy, from His Honor, the late deceased
Governor, did enlist in the company then to be raised for His
Majesty's service in the expedition against the Spaniards,
under the command of Capt. Joseph Sheffield ; and assisted af-
terwards in getting off and enlisting men for said service, and
continued from that time to instruct them, as a lieutenant, till
the latter end of July, when commissions came for two compa-
nies, and no more to be levied in this colony ; whereupon, the
said company was broke, and the soldiers were against enlist-
ing under new officers.
But the petitioner, entering himself in the company com-
manded by Capt. William Hopkins (who promised to endeavor
1740.] AND PROVIDENCE PLANTATIONS. 579
his being appointed a lieutenant in said company), eighteen
of the soldiers were thereby encouraged to re-enlist immedi-
ately under said Hopkins ; and in said service, the said peti-
tioner attended many days till the officers were appointed, and
instead of your petitioner's being appointed, said Capt. Joseph
Sheffield was chosen, and thereby your petitioner entirely de-
feated of reaping any advantage from his enlisting and services
as aforesaid ; and having devoted his whole time in the service
aforesaid, and been at a considerable expense of money, prayed
this honorable Assembly to make him a reasonable allowance
for his service and expenses in the aforesaid affair ; —
Whereupon, it is voted and resolved, that the sum of £20,
be allowed and paid to the said Christopher Palmer, the peti-
tioner, out of the general treasury.
Voted and resolved, that the commissioned officers of the
two companies raised to go on an expedition against the Span-
iards, be invited by the deputy governor and speaker, to dine
with the court ; and that the other officers, together with the
soldiers, be treated by the sheriff with liquor, to the value of
£15, both at the charge of the colony.
God save the Kino;.
Proceedings of the General Assembly, held for the Colon?/ of Rhode
Island and Providence Plantations, at Newport, the third
Tuesday in September, 1740.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
An Act for emitting £20,000 in the new tenor, to be let upon
loan, and for the striking off £10,000 of the old tenor, for
the supply of the general treasury. [See public laws, Digest
of 1744, p. 226.] '
580 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
Protest.
"We, the subscribers (being members of the council, and assistants in this colo-
ny), beg leave to dissent from the above act for emitting of £20,000 in bills of
credit, equal to silver, at nine shillings per ounce, &c, for the following reasons :
1st. For that we judge the emitting this bank will be very injurious to the in-
habitants of this colony, by increasing their debt, and adding a greater weight to
their present load, which already seems almost intolerable ; it will also have a ten-
dency to depreciate what is already out, and so oppress the creditor and all persons
whose estates consist in money ; among which, there are many widows and orphans,
whom the legislature, in an especial manner, ought to make the objects of their care
and concern.
2d. We think it imprudent to make a bank of paper bills on loan, at this time,
because we find that the honorable house of commons (as appears by their votes of
the 25th of April last), are inspecting into the conduct of all the colonies in Ameri-
ca, that have created paper money, a practice they seem not to approve of.
BENJAMIN ELLERY,
PETER BOURS.
We, the subscribers (being members of the house of deputies), beg leave to dis-
sent from the above act for emitting of £20,000 in bills of credit, equal to silver, at
nine shillings per ounce, &c, for the following reasons:
1st. Because the reason assigned in said act, is by no means just and conclusive ^
as we conceive ; for all the extraordinary charges we can reasonably expect from
the present war, may be easily defrayed with the interest of the banks already
made ; and the present debts of the colony may be soon paid by only anticipating
some part of the interest money, or by borrowing a sum of the grand committee ;
and no revenue will arise to the colony by this new bank, in much less than two
years, by which time, we may expect the war will be over ; so that there is no real
occasion or necessity to make any new emission at this juncture, and this present
bank will not answer any present demand, or give us any other relief in this exi-
gency, but what may be had a safer way.
2d. Because we look on the making this bank at this time, to be of per-
nicious consequence to the public interest of the colony. In respect to trade
this bank will probably so far depreciate the whole paper currency, that we shall
have, in reality, a less medium of exchange, and all complaints of scarcity of money
greatly increased ; and it will further greatly entangle the property of the good
people of the colony, already too much encumbered, and will lay a load of debt on
our posterity, which they will not be able to bear.
3d. Because we look upon it to be highly unjust to make an act that will natur-
ally and necessarily depreciate the bills already extant (which we are well satisfied
this bank will do, notwithstanding the new footing it is put upon), because thereby
all creditors are defrauded of great part of their just dues, the widows and orphans
are grealy oppressed, industry is discouraged, and idleness, extravagance and ex-
tortion are highly encouraged, to the manifest hurt and dishonor of the colony.
4th. Because we think it will be esteemed in our mother country, a most undu-
1740.] AND PROVIDENCE PLANTATIONS. 581
tiful and presumptuous conduct, to make so large an emission without anyTnecessi-
ty, and of so pernicious a tendency at this juncture, when the Parliament has taken
the affair of our paper currency into consideration, and have already expressed a
disapprobation of such emissions, as appears by the votes of the honorable House of
Commons of the 25th of April last, now on the table ; from all which, we fear this
act will endanger some of our most valuable charter privileges.
5th. Because the ruin of this flourishing colony will probably in a great measure
be owing to this fatal act ; we would have the whole colony and posterity know we
have not deserved their imprecations on this occasion, but have endeavored to pre-
serve and deliver down to posterity the privileges and the property which our an-
cestors earned with so much hazard, toil and expense.
WILLIAM ELLERY,
WILLIAM ANTHONY,
EZBON SANFORD,
GEORGE GOULDING,
GEORGE LAWTON.
Mr. George Goulding, one of the six trustees of the colony,
prayed this Assembly for a dismission from the said office, and
that the same might be put upon record, which was according-
ly granted.
Voted and resolved, that Messrs. Nicholas Easton, John
Rice, Jr. and Immanuel Northup, be, and are hereby appointed
a committee to consider in what manner the bank to be emit-
ted, ought to be proportioned among the several towns, and
make report to the next session of this Assembly.
Voted and resolved, that none of the committees for letting
out the bank money for the future, take above ten shillings in
bills of old tenor from any person that shall transfer his right
in his present bank.
Voted, that the account of William Warner, amounting to
£13 135., being for victuals and drink to the pirates at Block
Island, and their guards, &c, be allowed, and paid out of the
general treasury.
Voted and resolved, that the Honorable Richard Ward, Esq.,
Governor, and Samuel Perry, Esq., be, and they are hereby ap-
pointed trustees to Ninegret, sachem, in the room of the Hon-
orable John Wanton, Esq., late Governor, and Col. John Potter,
both deceased.
Voted, thai the account of Samuel Webb, amounting to 635
13*. 11<£, being the expend of several councils of war ; and
582 RECORDS OP THE COLONY OF RHODE ISLAND [1740.
likewise for the entertainment of several gentlemen, upon His
Majesty's declaration of war being published here, be allowed
and paid out of the general treasury.
Voted, that the account of Col. Peter Mawny, amounting to
£39 10s., for calling the companies together, in the county of
Providence, in order to enlist soldiers for His Majesty's service?
in the expedition against the Spaniards, and expenses on
them, &c, be allowed, and paid out of the general treasury.
Voted and resolved, that Benjamin Ellery and Peter Bours,
Esqs., Messrs. Joseph Whipple and Josias Lyndon, be, and they
are hereby appointed a committee to audit the accounts of
charges of billeting out the soldiers lately raised in this colony,
to go against the Spaniards, and other charges relating to
said soldiers, and make report to the next session of this
Assembly.
Whereas, sundry of the soldiers that were enlisted in His
Majesty's service, to go against the Spaniards, have de-
serted ; —
It is resolved, that each and every of said soldiers, that shall
appear before Col. Peter Mawny and Capt. Jonathan Randall,
and make satisfaction to them for the damages they have done
the colony, that they be discharged from the crime of deser-
tion ; and that the advertisements already put out against
them, cease from the 20th clay of September instant.
Voted and resolved, that the charges arising, by providing
rugs, coverlids or blankets for the soldiers, that are embarked
on board the transports, for the expedition against the Span-
iards, be allowed, and paid out of the general treasury.
Voted and resolved, that a fair copy be transcribed of the
representation drawn by the committee appointed for that pur-
pose, and sent home to the lords commissioners for trade and
plantations, respecting our paper emissions, in order to be laid
before the honorable house of commons, and the same to be
signed by His Honor, the Governor.
WThereas, Col. Peter Mawny and Mr. Thomas Frye. Jr., in be-
half of the town of East Greenwich, did, by petition, set forth
to this Assembly, that in pursuance of the laws of this colony,
1740.] AND PROVIDENCE PLANTATIONS. 583
and for the conveniency of the inhabitants thereof, the town,
of East Greenwich laid out two highways from the westernmost
part of said town, through the same, to the east end thereof ;
the northernmost of saids highways extend through the said
town to the country road ; the other of said highways extends
eastward, through said town to the dividing line between said
town and North Kingstown, which is about sixty or seventy
rods from a great bridge, called Hunt's bridge, being on said
country road ; —
And whereas, the inhabitants of North Kingstown, as well as
the inhabitants of East Greenwich, labor under a great deal of
difficulty and trouble, for want of a highway from said
country road to the east end of said highway, and that the
petitioners, with some of the inhabitants of North Kings-
town, applied to the town council of said North Kings-
town to lay out a highway from said country road to meet with
the said highway that butts on said dividing line ; which re-
quest being denied, humbly prayed this Assembly for re-
lief, &c. ; —
Upon consideration whereof, it is voted and enacted, that the
town council of North Kingstown order a highway to be laid
out in said town of North Kingstown, from said country road,
to meet with the said highway that butts on the dividing line
of said towns ; and that if the same be neglected by the said
town council for the space of two months after the rising of
this Assembly, that then the secretary be, and he is hereby or-
dered to grant a precept to the sheriff of Kings county to em-
pannel a jury, and lay out said highway, at the charge of said
North Kingstown.
God save the Kino-.
584 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Providence, the last
Wednesday of October, 1740.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that Messrs. James Honeyinan, Jr.,
Daniel Updike and Thomas Ward, be, and they are hereby ap-
pointed a committee to draw up an answer to the queries from
home, relating to our paper currency, as soon as may be, and
present the same to His Honor, the Governor, to be examined
and corrected by him and his council, or any four of them, and
so many of the deputies as shall be present ; and when it is
completed, that His Honor, the Governor, sign the same, and
send it immediately to the lords of trade and plantations, in
order to be laid before the Parliament, at their next session ;
and that a copy of said answer be laid before the Assembly at
their next meeting ; and that the said committee signify in said
answer, that a copy of our laws shall be sent home as soon as
may be.
Voted and resolved, that the committee that built the colony
sloop, immediately haul up said sloop in some convenient
place, and take out all her stores and rigging, and secure the
same, and take an inventory thereof, in order that nothing may
be lost ; and the same to remain in such manner until further
orders from the General Assembly.
Voted and resolved, that Messrs. Joseph Whipple and Jah-
leel Brenton and Henry Tisdale, be a committee to receive the
small arms, pistols and cartouch boxes, which were sent from
London ; and that they take care and see that what small
arms, cutlasses and pistols were lent by the colony, be all forth
1740.] AND PROVIDENCE PLANTATIONS. 585
with returned, and the same to be secured in some safe
place, and make report thereof, to the next session of this
Assembly.
Voted and resolved, that the committee appointed at the last
session of this Assembly, to audit the account of charges for
billeting out the soldiers, and other charges of the expedition
against the Spaniards, be still continued ; and that they, or the
major part of them, audit what accounts have not yet been be-
fore them, and also the fort accounts, and make report to the
next session of this Assembly.
Voted and resolved, that the captain and three persons, and
no more, be continued at Fort George, until further orders from
the General Assembly.
Voted, that Mr. William Jenckes draw out of the general
treasury, the sum of £50, towards paying for the building of
one-half of Pawtucket bridge.
Provided, he first give sufficient bond to the general treas-
urer to return said money into the general treasury, unless he
procure a copy of a record, to the satisfaction of the General
Assembly, of the laying out of an open highway from said
bridge to the country road that leads from Seaconk to Boston,
by the first Wednesday in May next.
Voted and resolved, that the secretary be, and he is hereby
directed to copy out all the papers that came from home, re-
lating to our paper currency, that have been before this As-
sembly, and attest them, and deliver copies thereof to any
person being a freeman of the colony, that shall desire the
same, by paying the lawful fees ; and that the said papers be
lodged in the scretary's office, for that purpose.
God save the King.
vol. iv. 74
586 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
Proceedings of the General Assembly, held for the Colony of Rhode
Island and Providence Plantations, at Warwick, the 2d day of
December, 1740.
The Hon. Richard Ward, Governor.
The Hon. William Greene, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that the secretary be, and he is hereby
appointed to fetch from Boston, the commission and copies
thereof, for settling the boundaries between this colony and the
Province of the Massachusetts Bay, and deliver them to His
Honor, Governor, the as soon as conveniently may be*
* Letter from Whitehall to the Commissioners.
Whitehall, August 1, 1740.
JOHN WANTON, ESQ., GOVERNOR OF RHODE ISLAND.
Sir: His Majesty's attorney and solicitor general, having received directions to
prepare and lay before the lords justices a commission to be passed under the great
seal of this kingdom, (the charges of which, and the execution thereof, the agents of
the Massachusetts Bay and Rhode Island have agreed are reasonable, equally to be
borne by both provinces), appointing Cadwallader Colden, Abraham Vanhorn?
Philip Livingston, Archibald Kennedy and James DeLancey, Esqs., of the Province
of New York; John Hamilton, John Wells, John Reading, Cornelius Vanhorn and
William Provost, Esqs., of the Province of New Jersey; and William Skene, Wm,
Shirreff, Henry Cope, Erasmus James Phillips and Otho Hamilton, Esqs., of the
Province of Nova Scotia, commissioners for marking out and settling the boundaries
between the Province of the Massachusetts Bay and the colony of Rhode Island,
eastward, care being taken that private property should not be affected thereby.
We are to acquaint you, that you are required to recommend to the assistants
and house of representatives of Rhode Island to appoint two of their public officers
residing in the said province, on either of whom, or at who3e place of abode any no-
tices, summons, or final judgment of the said commissioners may be served or left t
and to send the names and places of abode of such officers to the said commissioners,
attheir first meeting, together with a plain and full statefment] of their de.
mands or pretensions, in writing, describing where and in what places the boun-
1740.] AND PROVIDENCE PLANTATIONS. 587
Voted and resolved, that His Honor, the Governor, appoint
and send a proper person with the copies of the commission to
the several commissioners in New York and the Jerseys, with
a letter to each of those gentlemen, entreating them to attend
daries between the said Province and colony ought to begin, and what courses and
how far the same ought to run, respectively.
You are likewise to acquaint the assistants and house of representatives of Rhode
Island, that in case of tlieir omission so to do, the said commissioners are empowered
(o proceed ex parte.
For your further information in this affair, we send you a copy of an order in
council, dated the 10th of July last, and expect that you do take particular care,
without any delay, to carry every particular thereof, so far as the same may be in
your power, into execution.
So we bid you heartily farewell ; and are
Your very loving friends and humble servants,
MONSON, ■ CROFT,
M. BLADEN, JA: BRUDENELL.
August 19th, 1740.
P. S. Since we signed this letter, the lords of the committee of council, have
changed the time of the first meeting of the commissioners, from the first Tuesday
in March, to the first Tuesday in April, 1741. MONSON,
M. BLADEN.
Royal Commission.
George the Second, by the grace of God, of Great Britain, France and Ireland,
King, Defender of the Faith, &c.
To our trusty and well beloved Cadwallader Colden, Abraham Vanhorn, Philip
Livingston, Archibald Kennedy and James De Lancey, Esquires, of the Province
of New York , our trusty and well beloved John Hamilton, John Wells, John
Reading, Cornelius Vanhorn and William Provost, Esquires, of the Province ot
New Jersey ; and our trusty 'and well beloved William Skene, William Shirreff,
Henry Cope, Erasmus James Philips and Otho Hamilton, Esquires, of the Province
of Nova Scotia, greeting :
Whereas, we have been informed that a dispute hath long been subsisting be-
tween our Province of the Massachusetts Bay, and our colony of Rhode Island, in
America, relating to the eastern boundaries of the said colony towards the said
Province ; —
Know ye, therefore, that we, reposing especial trust and confidence in your abili-
ties, discretions and integrities, have nominated, authorized and appointed, and by
these presents do nominate, authorize and appoint you, the said Cadwallader "Gol-
den, Abraham Vanhorn, Philip Livingston, Archibald Kennedy, James De Lancey
John Hamilton, John Wells, John Reading, Cornelius Vanhorn, William Provost
588 RECORDS OF THE COLONY OF RHODE ISLAND [1740.
the business at the time appointed ; and that His Honor, the
Governor, as soon as may be, write to the commissioners, at
Annapolis, informing them of their appointment, and time, and
place of meeting ; entreating them also, to attend the business,
William Skene, William Shirreff, Henry Cope, Erasmus James Fhillips and Otho
Hamilton, or any five or more of you, be our commissioners, for settling, adjusting
and determining the boundaries of our -said colony of Rhode Island, in America,
eastwards, in dispute, as aforesaid.
Our will and pleasure, therefore, is, that you repair by the first convenient op-
portunity to the town of Providence, within the said colony, as being the niost
conveniently situated for that purpose, and there hold your first meeting, on the
first Tuesday in April, which shall be in the year of our Lord, one thousand seven
hundred and forty-one, from which day, and any future days of adjournment, you
may adjourn to such time and times as may be most convenient for you. And in
case five of you shall not be present on the said first Tuesday of April, one thou-
sand seven hundred and forty-one, or on any other day of adjournment, then such,
or a majority of such of you, as shall be present, shall and may adjourn the further
execution of this commission in manner aforesaid. And that at your first meeting,
you do make choice of one or more clerk or clerks, to enter your minutes and pro-
ceedings. And at the first meeting, where five or more of you shall be present,
that you do make choice of one or more skillful persons to prepare drafts of plans of
the country or boundary, as there shall be from time to time occasion. And that you
do administer to such clerks or other persons as you shall employ, an oath (or if
they be of the people called Quakers, an affirmation), which oath or affirmation,
you are hereby empowered to administer for the due and faithful execution of their
trusts. And that of the commisioners present at any meeting, he who is first nam-
ed in the list of commissioners, shall preside at such meeting, and shall issue out the
necessary summons for such witnesses as either party shall require. And we do
hereby direct and command that you, our said commissioners, do use all convenient
dispatch in this affair ; and that all determinations be made by a majority of the
commissioners who shall be present at the respective meetings. Provided, there
shall be then present five or more, of the said commissioners.
And our further will and pleasure is, that in case either the said Province of the
Massachusetts Bay, or the said colony of Rhode Island, shall neglect to send to you
at your first day of meeting, the names and places of abode of two of their public
officers residing in their respective Province and colony, on either of whom, or at
whose place of abode, any notice, summons or final judgment of you, our said com-
missioners, may be served or left ; and in case either the said Province or the said
colony shall neglect to send to you, our said comniissioners^at your first day of
meeting, a plain and full state[ment] in writing, of the demands or pretensions of
the said Province and colony, respectively, describing where and in what places the
boundaries of the said colony, eastwards, ought to begin, and what courses, and with
what variation, and in what manner and how far the same ought to run to the and,
that copies thereof may be mutually exchanged, in order to prevent any unnecessa-
1740.]
AND FROVIDENCE PLANTATIONS. 589
and that a sloop, by order of the government, -will wait upon
them (with their copies of the commission), in order to conduct
them into this colony, against the time of meeting, if they are
disposed to attend upon the business.
ry delay, and that each party may come fully prepared : that then, in either of those
cases, you, our said commissioners, or any five or more of you, do proceed
ex parte.
And we do further direct and command, that no witness or witnesses be allowed
of by you, to give evidence, but such as shall be sworn (or being of the people
called Quakers, shall take a solemn affirmation before you in open court), which
oath or affirmation, you, or any five or more of you, are hereby empowered to ad-
minister, and that all interrogatories and questions which shall be put to such wit-
nesses before you, shall be set down in writing ; and the whole of what such wit-
nesses shall offer to you, shall also be set down in writing by the said clerk or clerks,
in the presence of you, and of the respective witnesses ; and that the same be read
over to, and signed by the respective witnesses. And that you shall appoint such
time as you shall find reasonable, within which, all the witnesses on each side, shall
be produced, to be examined.
And we do further order and direct, that all entries be made of all charters,
grants, deeds, evidences, proofs and plans, received by you in this affair ; and also,
of all your proceedings and resolutions throughout the same. And that such plans,
maps or draughts of such boundary lines as shall be agreed upon by you, be annex-
ed to, and made part of your determination.
And our further will and pleasure is, that when you shall have made your final
determination, and signed the same, a copy thereof, shall be forthwith sent to such
public officer or officers, as before mentioned, in the said Province and colony re-
spectively, together with notice of another meeting to be held by you at the dis-
tance of two months, or at such further reasonable time, not exceeding three calen-
dar months, as you shall appoint ; at which future meeting, the said Province and
the said colony, respectively, or either of them, who shall find themselves aggrieved,
may enter their appeal to us, in our privy council, with a declaration [of] what
parts of the determination of you, they respectively abide by, or appeal from.
But if the said Province or the said colony shall not enter their respective appeal
or exception against such determination at such last meeting, our will is, that then
no appeal or exception shall be afterwards received or admitted from such of the
parties who shall omit to enter their respective appeals or exceptions at such last
meeting of you : and in case neither the said Province nor the said colony shall
enter any appeal or exceptions, the determination of you being confirmed by us in
council, shall be final and conclusive, to both the said Province and colony.
And further, our will is, that the said Province and the said colony be permitted
to take out, at their own respective expense, copies of the whole proceedings, proofs,
exhibits, plans, and all other papers and writings in this affair, to be attested by
three or more of you, our commissioners ; and that you do return a fair copy of the
whole record, attested by three or more of you, to us, in council.
And lastly, our will is, that the charge of this commission, and of the carrying it
into execution, and of you, our commissioners, your clerks, surveyors, and oil:-
590 RECORDS OF THE COLONY OP RHODE ISLAND [1740.
Voted, that Peter Bours, Sam'l Clarke, Thos. Spenser, Win.
Jenckes, Stephen Hopkins, Daniel Abbott, Francis Willctt, Henry
Bull, Daniel Updike, James Honeyinan, Jr. and Thomas Ward,
Esqs., be, and they, or the major part of them, are hereby ap-
pointed a committee, to represent and manage the affairs of
this colony, before the commissioners, to hear and determine
the boundaries between this colony and the Province of the
Massachusetts Bay ; and that they prepare and get the neces-
sary requisites for that purpose, ready against the first meeting
of said commissioners ; and that the said committee, or the
major part of them, prepare proper houses for the reception
and entertainment of the said commissioners, during their be-
ing upon said commission.
Voted and resolved, that the secretary send a copy of the
last instructions from the lords justices at home, for observing
the statute of the 6th of Queen Ann, relating to our paper
currency, to each town clerk in the colony, to be made known
to the inhabitants, as the respective towns think proper.
Voted and resolved, that Samuel Clarke, Esq., for the fu-
ture, take ferriage for a man and horse, twelve pence ; and for
a single person, sixpence ; and for all other things as the other
ferry men take.
Whereas, Christopher Phillips, Esq., in behalf of the freemen
of the town of North Kingstown, in Kings county, did, by pe-
tition, set forth to this Assembly, that the country road, in
North Kingstown, aforesaid, was (as they understand) laid out
by order of the General Assembly of said colony, divers years
past ; but that the return of the jury or committee, that laid
out the same, was never accepted by any authority, nor is the
cers, be borne and paid in equal moieties, by the said Province and the said
colony.
In witness whereof, we have caused these our letters to be made patent : wit-
nesses, John, Arch-Bishop of Canterbury, and other guardians and justices
of the kingdom, at Westminster, the 4th day of September, in the fourteenth
year of our reign. By writ of privy seal,
Bisse.
With the great seal appending.
1740.] AND PROVIDENCE PLANTATIONS. 591
same placed on any record in this colony, to their knowledge,
and that the said country road is fenced up in several places,
so that there is not sufficient room for two carts to pass without
great difficulty ; and conceiving that the law of this colony,
empowering the town councils of the several towns, to lay out
highways where there have been none laid out, is not sufficient
to enable the said town council to renew the bounds of said
highway, humbly prayed this Assembly to direct some way or
method, whereby the bounds of said highway might be estab-
lished, and at the charge of said town ; —
Upon consideration whereof, be it enacted by the General
Assembly, and by the authority of the same it is enacted, that
the town council of said North Kingstown, be, and they are
hereby directed and authorized to appoint proper persons to
revise and renew the bounds of the aforesaid country road in
said North Kingstown (according to the first laying out, by or-
der of Assembly), at the charge of said town.
Voted, that Ezekiel Warner and George Brown, Esqs., be,
and they are hereby appointed and chosen the two public offi-
cers in this colony, pursuant to the commission for settling the
boundaries between this colony and the Province of the Massa-
chusetts Bay, &c.
Voted, that Mr. Resolved Waterman being so indisposed as
not be able to attend this General Assembly, be therefore ex-
cused ; and that the secretary send out his warrant to collect
the fines of the other absent members ; the New Shoreham
deputies excepted, not being warned.
[The following public acts, passed during the year 1740,
will be found in the printed Digest of the laws of 1744, ex-
cept those designated as repealed.]
An Act for augmenting the bounty or premium for killing of
wolves.
An Act obliging the respective sheriffs of each county in this
colony, to give bond upon admission into that office, for the
due performance thereof.
592 RECORDS OF THE COLONY OP RHODE ISLAND [1740.
An Act for augmenting the fine for neglecting to watch in time
of war.
An Act for the better encouragement of volunteers and sol-
diers to enlist in His Majesty's service. (Subsequently
repealed).
An Act empowering the enlisting officers in this colony to
punish the soldiers under their command for misbehaviour.
(Repealed.)
An Act in addition to an act made and passed by the General As-
sembly, the 6th of May, 1690, entitled "An act establishing
the proceedings and trials of actions, not exceeding forty
shillings."
An Act augmenting the fee for writs issuing out from clerks of
the several inferior courts of common pleas, in this colony.
An Act appointing an attorney general in each county, within
this government. (Repealed.)
An Act made in addition to, and in amendment of an act made
and passed the third Tuesday of September, A. D. 1740, for
the emission of £20,000, in bills of public credit.
God save the King.
GENERAL INDEX.
Abbott, Daniel, 147, 203, 215, 226, 292,
295, 339, 390, 469, 564
deputy governor 545
Daniel, Jr 38
Aborn, Eburn, Samuel 325
Acts of Asssembly to be engrossed. .472
Adams, Joseph 519
Thomas 519
Agent for the colony, in England. . .187
Albro, James ". 141
John 337, 350, 554
John, Jr 216, 519
John, 4th 554
Samuel 80, 314
Aldrich, Aaron 520
Daniel 359, 520
David 326, 481
James 290, 468, 507
Jonathan 290
John, Jr 325
Joseph 481
Peter 290
Richard 496
Allcock. Nathaniel 554
Allen, Christopher 19, 113, 168, 350
Ebenezer 266
Gideon 183
James 325, 554
James, Jr ,420
James, son of William, 541
John 168
John, Jr 541
John, of Portsmouth 337
John, of North Kingstown 481
John, son of James 554
Rowland 309
Ralph 310
Samuel 266, 309, 326
William, of Portsmouth 337
William, of Newport .420
William, of North Kingstown . . . .481
VOL. IV.
Allerton , John 554
Allin, James 141, 262
Almy, Christopher 21, 153, 200, 457
Christopher, Jr 266, 313
John 216, 570
Job 37, 67, 70, 94, 200, 203, 226, 246,
267, 325, 359, 457
William 309, 457
Alverson, William 541
Alway, Francis 293, 359
Amezey, Daniel 375
Andrew, Benoni 4 20
Charles 169, 554
John 436
Angell, Abraham 539
Hope 141, 265
Isaiah 48I
James 38, 290
James, Jr 289
John 029
John, son of James 141
Jeremiah 481
Joshua 496
Nedebiah 491
Nathaniel 5 1 8
Stephen 402
Thomas 302
Anne, Queen, complaint to, relative
to the charter governments.-. ... 12
Anthony, Abraham 3, 17, 37, 77,113, 420
Abraham, Jr 554
Albro 216, 261
David 463
Gideon 420
Isaac 398
Jacob 314
John ." 26, 266
Joseph 541
Samuel 183
William . . .67, 90, 217, 314, 377, 421
William, Jr 326
75
594
GENERAL INDEX.
Antrim, William 309
Appeals to the King, act regulating, 250
Appleby, James . 555
Aquitowoset 51
Arms to be procured for the de-
fence of the colony 426, 566
Arnold, Anthony 435, 491
Benedict 37,223, 265, 292
Benedict, Jr 38, 435
Benjamin 67
Caleb 386, 541
Caleb, son of Bendict 493
David 3 J6
Daniel 289
Edward 17
Edmund 519
Ephraim 420, 290
Eleazer 39, 69, 90, 199, 402
Elisha 114, 290
Israel 261
Israel, Jr 340
James, of Warwick 141
James, of Providence 290
Jeremiah 326, 492
John 203, 252, 492, 504
John, Jr 289
John, son of Richard 290
John, of Newport 312
Jonathan 435
Jonathan, Jr 491
Joseph 204
Joseph, Jr 325
Joseph, of Smithfield 542
Joseph, son of Joseph 555
Josiah 227, 266, 542
Josiah, Jr 337
Jos:.ah, of Jamestown 467
Josiah, captain 203
Josiah, son of William 402
Josias 76
Job 420
Moses 555
Philip 204, 481, 514, 521, 572
Richard 5,32, 36
Richard, Jr 359
Seth 491
Stephen 114, 262, 288
Stephen, Jr 141
Stephen, of Providence 505
Thomas 435, 491
Thomas, Jr 128, 491
William, 39, 203, 289, 301,360,441,
514, 543
William, Jr 216, 505
William, son of Elisha 448
William, son of John .519
William, of Ndrth Kingstown 505
Woodward 492
Arrest and summons, act regulating
writs of 321
Ashton, William 290
Assembly to be no longer a court of
chancery 137
assistants allowed £10 a year 295
deputies to, allowed 6s. a day 295
Asquasuthueks, inherits lands of Mi-
antonomi 227
Astin, John 270
Jeremiah, Jr 436
Attleborough, Mass., inhabitants of,
ask to be annexed to Rhode
Island 430
At wood, Joseph 420
Austin, Robert 494
Robert, son of Joseph 505
Stephen 467
Aylesworth, Ailesworth, Anthony.. .436
Chad 496
Robert 494
Avrault, Daniel 185, 457
"Daniel, Jr 435
Peter 386
Babcock, Daniel 302, 326
George 203, 204
George, Jr 399
Hezekiah 542
James 3, 37, 68, 204
James, blacksmith 204
Job 139, 3S5, 390
Job, Jr HI
John 77,90, 147. 265
Joseph 204
Joseph, Jr 488
Joshua 494,572
Oliver 204,436,495, 511
Robert 432
Samuel 302, 326,340
Stephen 432
Thomas 448
William 488
Bagley, Joseph 290
Samuel 542
Bailey, Benjamin 541
John, Jr 203
John, son of John, Jr 493
Richard 436
Stephen 216
William 293
Baker, Benjamin 246
Elisha, Jr 518
Jeremiah 494
Philip 541,554
Balcom, John 38
Freegift 38
Ball, John 68
Peter 68, 495, 512
Ballow, Bellow, Blew, Abraham. . . .542
James, Jr 38
John . . 38
John, Jr 542
Maturin 290
Barber, Benjamin , , 413
GENERAL INDEX.
595
Barber, Ezekiel 494, 555
Moses 141, 386
Peter 492
Samuel 432, 492
William, Jr 494
Barding, Charles 326
Barbadoes, petition 447
Bannister, John 554
Barbut, William 197
Barker, Caleb 168
Edward 466
James 28, 33, 37, 67, 309
James, Jr 79, 215
Jeremiah 309
John 399, 518
Joseph, Jr 168
Nicholas 183
Peleg , 554
Peter, son of William 227
Peter, son of Joseph. 227
Robert 76, 216, 518
Robert vs. Marsh, case of 71
Rufus, Jr 479
William 79, 292, 308
William, Jr 309
Barnes, John 325, 521
Peter 38, 309
Thomas, Jr 435
Barney, Jacob 435, 483
Jonathan 402
Josiah 359
Bartlett, Ezra 420
Moses 520
Daniel 542
Barton, Anthony 519
Benjamin 3, 17, 67, 147, 168
Andrew 551
Benjamin, of Warwick 375
Rowland 448
Samuel 420, 520
Barzee, Henry 385
John 518
Baslue, Nathaniel 38
Bassal, Francis 4G6
Bates, Francis 492
John 114, 565
Samuel 38, 290
William 541
Batter, Sampson 203, 448
William 216, 262, 301
Baxter, Thomas 504
Bavley, Thomas 309
Beadle, Thomas 542, 555
Bealey, Joseph 403
Bear, John 18
Beard, John 504
Bears, act lor destroying 491, 528
Beeoe, Henry 70, 94
Samuel 402
Beer, Charles 540
Beer, act lor laying duty on 450
Beauchamp, Magdalen 185
Belcher, Arnold 541
Benjamin 17, 398
Edward 505
Belleaw, Jeremiah 481
Bennett, Benjamin 481, 555
Caleb 326
John 309, 555
John, Jr 88
Job 88
Job, Jr 554
Jonathan.. 375
Robert 309
Thomas 542
William 80, 147, 278, 309
William, Jr... 216
Benniss, James 326
Bennington, William, Jr 18
Bentley, Benjamin 386
James 141
Lawrence 493
Samuel 184
Thomas 141, 227
William, Jr 141
Benson, Isaac 542
John 555
Berkley, Dr. George, of Newport,
admitted a freeman 420
Bernon, Gabriel 214
Berrj , Richard 436
Bills of credit, act for issuing, 96, 1C2,
105, 202, 295, 350, 405, 411, 454,
463, 487, 538, 550, 579,592.
acts to prevent counterfeiting. . . .117
orders relative to, 164, 176, 196, 201,
210,211,237, 240, 252,297,318,
382,401,404, 408, 409, 417,455,
517,537, 549, 561, 581, 590.
act prohibiting the tearing of 346
Caleb Heathcote's letter relative
to 258
action of the General Assembly
on Governor Jenckes's dissent
to the act to issue 456
notes upon the subject of, by the
editor 457,461
memorial of Mr. Kay, to the
board of trade, upon 457
Governor Jenckes's letter to Geo.
2d, relative to 458
address to George 2d, from the
people, relative to 459
protest of the council and assist-
ants aaainst the issue of 580
Brigham, Thomas, Jr 340
Birkett, John 551
Bishop, Edward 492
Bissell,Job 435
John 519
Samuel 295, 505
Blackstock, James 386
59b
GENERAL INDEX.
Blackmore, John 38
James 506
Henry 555
Bladen, M 308,587
Blagrove, Nathaniel 4, 29
Blakney, Col. William 577
Blathwayte, William 15
Bleven, Edward 326
Bliss, George 183
Josias 37
Major 196
Block Island, act for the defence of 42,
567
wardens in, may collect rates. .25, 52
maj- raise funds by subscription
lor building a pier 328
votes relative to pier at, 487, 498, 503,
509, 515, 526, 544
£1200 appropriated for pier on, 502,
512
report on the building of the pier, 508
see also New Shoreham.
Board of trade, representation from,
to the Queen, relative to the
charter governments 12
to the colonies of Rhode Island,
Connecticut and Pennsylvania.. .23
letters from, relative to negro
slaves 53, 92
instructions from 91
letters from, to Governor Cran-
ston .92, 108
letter to, from Nathaniel Kay,
about bills of credit 457
Bond, Joseph 466
Boone, Nicholas 248
Samuel, Jr 541
Thomas 141
Borden, Burden, Abraham, 183, 413,
450
Benjamin 398, 420
John 47
John, of Scituate 555
Joseph, 47, 68, 142, 217, 267,311,
316, 360, 390
Joseph, of Providence 505
Joseph, Jr 519
Mathew 479
Richard 1 70
Thomas 18, 389, 554
William 183, 407
Boss, Edward 147
Edward, Jr 541
Peter 310, 386
Boston, stages to be run to 527
road to be made to 585
Boston neck, (Rhode Island) 51
road across, given the colony 210
Bours, Peter . . .402, 457, 543, 551, 572
Bowen, Ephraim 565
Isaac 375
Bowen, Jabez 449, 468, 520
Obadiah 542
Bowers, Jonathan 493
Bradway, William 491
Bradford, from New York, estab-
lishes a printing office 65
Brand, Thomas 326
Thomas, son of Tobias 554
Thomas, Jr 488
William 488
Brayton, Benjamin 216
Francis, Jr 68, 571
Gideon 565
David 68
Israel 293
Stephen 88,402
Thomas 246, 292, 301, 3,59
Thomas, of Portsmouth 499
Isaac 505
Bread, act for the assize of 11
Brenton, Jahleel, 19, 215, 221, 268, 311,
320
vs. Brown, case of 346, 362
vs. Mew, case of. 39,42
vs. Remington, case of .48
vs. Pelham, case of. 289, 294
vs. Stanton, case of 412
Jahleel, Jr., 203, 337, 341, 360, 390,
391, 437, 475
Benjamin 479
Ebenezer 505
Briant, Nicholas 520
Bribery and corruption, act to prevent,
528
Bridges, John 141
Brightman, Henry 28, 37, 67
William 337
Briggs, Enoch 337
Francis 467
James, Jr 463
John 386,494, 554
Job 541
Richard 436
Richard, Jr 375
Robert 496
William 554
Brier, John 359
Brinley, Francis 19, 168, 1 74
Broadway, William 337
Brock, Ezekiel 520
William 340
Brook, William 289
Brooks, Thomas 493
Brown, Abner 571
Andrew 467,553, 574
Rev. Arthur 505
Benjamin 432
Beriah 519
Chad 402
Daniel 183, 189, 204, 290, 551
Eleazer 554
GENERAL INDEX.
.97
Brown, Esek 88
Elista 519,551
George 18, 204, 402
George, Jr 399
Ilozannah 38
James, 3, 17, 47, G7, 87, 94, 113, 14 7,
205, 217, 312
James, Jr 290, 434
James, of Newport 309
Jabcz 491
Jeremiah 290, 420
Jeremiah, Jr 420, 555
John, of Newport, 67, 70, 292, 308,
314, 324, 339, 359
John, of Providence 290
.John, son of James 448
John, son of Nathaniel 466
John, of Westerly 519
John, Jr 183
John Carter, his manuscripts used,
16, 23, 92, 260, 280, 291,273,395,461
Jonathan 326
Joseph 326
Malachi 435
Nathan 420
Nathaniel 210, 290, 541
Obadiah 493
Obadiah, Jr 565
Peleg 435
Richard 77
Samuel .141, 505
Thomas 88, 293, 402
Thomas, of South Kingstown ... .494
William 246, 337, 436, 479
William, of Newport 518
William Nathaniel 361
Browman, James 141
Brownell, George 3, 23, 36, 39, 67,
89,114
Joseph 265,309, 337, 339, 367
Samuel, Jr 571
Stephen, 216, 261, 359, 419, 434, 543,
572
Robert 360
Bnmdenell, Ja 587
Bucklin, Joseph 496
Budlong, John, Jr 340
Buffum, Samuel 88, 493
Bull, Benjamin 88, 177, 268
Kzekiel 188
Henry 88, 267, 294, 403, 419, 441
James 493
Jireh 17
Buloid, Peter 518
Bumpus, Ichabod 542
Burdick, David 554 j
Elista 539
Hobart, Jr 539
John 554
Peter 899
Robert, Jr 899 '
Burdick, Samuel, Jr 326
Thomas 204
Thomas, Jr 326
Thomas, son of Samuel 326
Thomas, 4th 554
Burgess, James 398
James, Jr 505
Burlingame, Bollingstone 518
Christopher 505
David 46 7
Elisha 493
John 289
John, Jr 289
John, 3d 493
Joshua 435, 518
James 518
Josiah 289, 309
Moses 290
Peter 290, 555
Peter, Jr 571
Roger, son of John 290
Samuel 290
Thomas 289
Thomas, Jr 289
William 463, 518
Burnett, Governor, visit from 400
Burroughs, Ezekiel 266
Thomas 266
Benjamin 554
Burrington, John 337
Robert 326
Roger 337
Samuel 504
William, son of William, Jr 386
Butts, John 337
Button, Peter, Jr 326
Mathias 432
Byfield, Nathaniel 4, 4 22, -183
Calvin, John, Jr 290
Campbell, Cuthbert 227
John 420
Cahoone Benjamin 494
Nathaniel 141
Ebenezer 551
James, Jr 518
Samuel 492
Cain, John 541
Canada, expedition to 70, 190
provision for the expense of 75
committee to arrange 78
act establishing wages of soldiers in, 81
act for disbanding soldiers 82
acts relative to expedition to, 98, 121,
123, 302
Capwell, Stephen 505
Capron. Baufield 252
Card, Edmund 14 7
James 467
Joseph 541
Joseph, Jr 88, 498
Job, 3d ■(
598
(1ENERAL INDEX.
Card, Stephen
Carder, James 5, 17, 47, 31
John
-Joseph
William
Carey, Benjamin
James
Joseph
Samuel
Samuel, Jr
Peter
Cargill, James
Carlton, Thomas vs. Brinley
Carpenter, Abiah
Benjamin
Christopher
Daniel
Ephraim
Hezekiah
Joseph 30,
Joseph of Providence
Nathaniel
Oliver, Jr
Silas 141,
Solomon
Solomon, Jr
Timothy, Jr
William
William, Jr 33 7,
Carr, Abigail
Benjamin 4G7,
Caleb 35, 325, 386, 402, 479,
Caleb, Jr
Daniel.. . .•
Edward 26, 28, G8,
do. deputy 3, 17
Edward, Jr
James 360,
John 390,
John vs. Ward, case of
Nicholas 169, 292, 385, 468,
Robert 88,
Robert, Jr
Samuel 183,
Sayles
Thomas
William 112,
Case, Joseph 403,
Joseph, Jr
John
John, son of Joseph
John, son of Robert
Robert
William 141,
William, Jr
Casey, Adam
Edmund
John
Samuel 14 7,
Thomas 436,
Thomas, son of Adam
551
,44
420
326
188
571
.18
520
479
479
479
505
174
326
290
386
542
543
435
141
326
481
204
479
2<)4
386
290
290
541
112
571
496
479
496
556
, 21
113
572
460
.40
540
4 79
.88
466
540
227
542
519
141
266
386
399
310
266
386
160
479
309
494
538
402
Casks, act regulating assize of 454
Caswell, Job 386, 398
Census of 1708, act for taking, 32, 44,
59
Ceree, David Rutten 290
Chace, James 203
John 203
Jonathan 386, 483
Jonathan, of North Kingstown.. . .538
Joseph 402, 496
Chad wick, John 168
John, Jr 385
Thomas 4 79
Chaloner, 457
Ningan 518
Chamberlain, Peleg ■ . . 18
Champlin, Christopher, 17, 204, 224,
516, 543
Christopher, Jr 204
Christopher, 3d 432
James 554
Jeoffrey.. .23, 39, 67, 79, 89, 142, 360
Jeoffrey, of Westerly 399
Joseph 399
Samuel 494
William, deputy 17, 19, 28, 47,87,
114, 468
William, son of Christopher 326
Chancery court, repealed *t36
Chanders, Benjamin 493
Chandler, John 252
Chanterlin, Joseph 17
Chaplin, Joseph 168
Moses 435
Chapman, Isaac 38
Ralph 199
Walter 325, 340
Chap>ee, William 338
Charities, act relative to 302
Charlestown, act setting off from Wes-
terly 545
Cheach, William 270
Checkley, Lydia 115
Samuel 115
Cheesebrough, David 518
Chetwynd, J 308
Chickley, Mr 391
Child, Jeremiah 420
Jeremiah, Jr 518
Chipman, John 386, 543, 553
Church, Caleb 436
Benjamin 493
John 326
Churches may be supported by free
contributions 206
Civil actions, act regulating attach-
ments on 238
Clagset, Caleb 3C9
William 375
Clapboards and shingles, act to reg-
ulate size of. 454
GENERAL INDEX.
599
Clarke, Abraham 290
Amos 541
Caleb 338
Caleb, of Westerly 538
Edward Kerr 85
Elisha 519,571
Elisha, of Westerly 538
Henry 88
Imuianuel 551
Jacob 262
James 19, 137, 448, 468
Jeremiah 340, 494
Jonathan 114, 420, 494
Jonathan, son of Richard 309
John 266, 420
John, mason 435
John, grandson of Weston 359
Dr. John, act relative to will of. . .253
Joseph 37, 293
Joseph, of Westerly 448
Joseph, son of Henry 40 2
Lawrence, Jr 340
Peter 90
Robert 538
Richard 38
Samuel, 69, 148, 205, 246, 345, 400,
410,468
Simeon 541
Thomas 326
Thomas, Jr .519
Walter, deputy governor, 3, 17, 23,
37, 67, 89, 114, 142, 167
decease of 172
Weston 80
recorder 33, 67, 142, 267
William 113, 168, 183, 436, 541
William, Jr 204
William, son of Henry 493
Clemenee, Thomas, Jr 565
demons, Richard, Jr 290
Thomas 290, 410
Cleveland, John 551
Coddington, Arnold 571
Edward 168
John 292, 308, 385, 419,481
Nathaniel. . .3, 49, 184, 205, 217, 246
grant of land to 166
Nathaniel, Jr 168, 554
William, 28, 32, 49, 122. 183, 217,
228, 308, 324, 339, 359
William, Jr 466
Codner, George 46 7
Ephraim, Jr 519
Sabina 186
Samuel 519
Cogr»eshall, Bolston.
Benjamin 37, 1C7
Caleb 293, 466
Daniel 21, 113, 199,403
Elisha 309
Henry 54<»
James, son of Benjamin 493
Coggeshall, James 325, 541
John .. .28, 37, 39, 113, 125, 326, 403
John, Jr 227
Joseph ; 398
Joshua 119, 266, 292, 309, 494
Josiah, Jr 325
Peter 88
Thomas 147, 358, 385, 448, 468
Richard 183
Samuel 447
William, 47, 77, 80, 157, 168, 265, 345
Colden. Cadwallader 586, 587
Cole, Elisha, 80, 147, 183, 216, 312, 314,
, 359, 382
John 375, 386
Colegrave, Francis. 136, 519
Eleazer 467
Samuel 509
Coleman, John 542
Collectors' fees, act establishing 236
Collins, Arnold, Jr 168
Henry 266
John 554
Paul 197
Samuel 441
Samuel, Jr 493
Thankful 375
William 26
Colony house, in Newport, act for
building, 551,557,558
Connecticut, representation from
board of trade, relative to 12
people from, not permitted to run lines,
384
people of, not to " commit waste "
in this colony 397
boundary, the governor may ap-
point a commission to run 175
commissioners appointed to run. . .251
proceedings of General Assembly
relative to boundary 273
commissioners, report of, on the
boundary 273
letter from, on the boundary. 275, 281
letters to, from Rhode Island, on do.,
367, 276, 280
Governor Cranston to board of
trade, on do 279
Governor Saltonstall to agent
Dummer on do 282
memorial from R. Island, relative to do.
283
order of council relative to do. 2S4,
291
notified to appear before His
Majesty in council 286
representation of the board of
trade, relative to 303
note on the history and adjustment <>t',
333
600
GENERAL INDEX.
Connecticut, new committee to set-
tle controversy with 346
instructions to the Rhode Island
commissioners, on 354
act appointing commissioners to settle,
369, 405
order of the King and council,
to settle the controversy. . . .370-73
committee to survey 400
votes and proceedings relative to, 411,
413,418, 525
expenses of running 414
report of the commissioners on . . .563
Cook, Benjamin 542
Daniel 290, 539
Ebenezer 309, 386
Cooke, George 183
John 88
John, of Newport 554
Joseph 3, 28, 37, 80, 338
Nicholas 554
Moses 506
Peleg 183,479
Sdas 554
Thomas 506
Thomas, son of Joseph 266
Thorn, son of Thomas 314
William 326,547
Cooper, James 104, 436, 494
James, Jr 541
Joseph Smith 290
Smith 290
Stephen 310
Zerobabel 479
Clement 514
Colony's stores, act for securing ... .82
ship to be sold 143
sloop to be built for Spanish war. .575
Colvin, Benjamin 565
James 386, 572
Josiah 386
Stephen 466
Thomas, son of Samuel 505
Colwell, William 542
Coman, Joseph 402
William 386,467, 479
Comer, John 4?0
William 386,467, 479
Comstock, Azariah 542
captain 336
Daniel 38
Daniel, Jr 555
David 435, 5 72
Gideon 492
Jchabod 289
Job 289,468
John 290
Hazadiah 38, 498
Hazadiah, Jr 542
Samuel 17, 33,37
Thomas 290, 505
Comstock, William 435
Conanicut ferry '25
Congdon, James 289
James, of North Kingstown 519
Joseph 310
Benjamin, Jr 338
Benjamin 514
John 519
Samuel 519
William 554
Cope, Henry 586
Corey, John 3, 386, 494
John, Jr 494
Joseph 340
Thomas 310
William 88, 183, 447, 555
William, of Warwick 386
Corn, Indian, price of 46
to be purchased for the people 351
Cornbury, Lord, report on letter of. .15
Cornell, George, assistant, 23, 67, 87,
114,142, 148, 203, 205,227,265,
309, 312, 327, 360, 385, 447.
George, son of Thomas 420
George, Jr 479
Gideon 463, 468, 572
Thomas, assistant, 3, 18, 87, 183, 203,
215, 227, 203
Walter 309
William 386
Corp, John 204, 337, 420
Jeremiah 541
Joseph 541
William 541
Cotton, Josiah 435
Cottrell, Cotterell, George 494
John 326,494
John, 2d 554
Nathan 338
Nicholas 541
Samuel 432
Samuel, Jr 519
Covey, Hope 505
Counties, act for dividing the colony into,
427
Court of trials, act for taxing bill
of costs in 364, 538
act for continuing 428
Court of sessions, act to establish 427
Court of common pleas, act to establish,
428,432
vice admiralty, act relative to 513
fee of clerks of 538, 550
Caven, John. . . .'.'.'.'.'. ."..'.'.'..'.'. 290
Cozzens, Leonard 183
Crandall Joseph, 68, 314, 326 420
Joseph, Jr 541
John, Jr 448
Jonathan 447
Joseph, son of Edward.. 519
Nathaniel 554
GENEBAL INDEX.
601
Crandall, Peter 19, 39, 69, 141, 266
Peter, Jr 326
Samuel 141, 494, 505
Cranfield, Edward 305
Cranston, Benjamin 3
Caleb 359
John, 17, 56, 113, 122, 203, 215, 265,
339, 345, 568
grant of land to 51
John, Jr 17,18
James 309
Samuel, Governor, 3, 19, 23, 32, 33,
37,47, 67, 89, 114,142,148.167,
184, 205, 219, 228, 293, 311, 327,
339, 358, 375.
letter to board of trade, relative
to negro slaves 54
do. relative to foreign coins 55
do. on colonial matters 56
do. to Col. Nicholson 73, 74
do. to board of trade 108
do. do. on Connecti-
cut boundary 280
do. do. relative to the Massachu-
setts boundary 335
instructions to commissioners on
the Connecticut boundary 354
decease of 388
Samuel 420
Samuel, Jr 203
Thomas 168, 447
Thomas, son of John 555
Walter 493
Crawford, Gideon 435
Jeremiah 488
John 571
Joseph 493
William, 113, 147, 210, 215, 242, 246,
248
Cribbens, James 505
Criminal offences, act for punishing. .418
Cross actions, act for preventing. . . .368
Crossman, Jonathan 505
Crowder, John 310
CrufF, Thomas 571
Crume, Joseph 448
Cupit, John 402
Curry, Robert 290
dishing, Benjamin 539
Cusno, Isaac 527
Daley, James 551
Dalzell, Forest 516
Daniel, James 540
Darling, Samuel 266
Dartmouth, Earl 15, 23
Davel, William 204
Davenport, Ebenzer 227
Davis, Aaron 494
Edward 542
Ephraim 493
Henry 506
VOL. IV. 76
Davis, John 309, 361
John, of Warwick 479
John, of Providence 519
James 435
Jedediah 554
JeofFrey 494
Peter 519
Simon 313,555
Urine 290
William 266
William, Jr 184
William, of Westerly 494
Thomas 340
Dauley, John 141, 436
Dawley, John 436
Samuel 554
Day, Nathaniel 541
Dean 416
Debtors, act for the relief of 455
Deer, act for the preservation of. . . .406
Defences, act for making 566, 575
Dehain, Jacob 309
DeLancey, James 586, 587
Denison, George 17, 309
Edward 204
Dennis, John 68, 242
Joseph 88, 288, 292, 449
Depositions, act for taking 239
Deputies, act for choosing annually .484
returns of, to be made 500
Deucesne, Samuel 402
Dexter, John 63, 88, 572
John, Jr 168, 326, 555
James 113, 223
Paul 551
Stephen 141, 290, 466
William 326
Diamond, sloop 70
Dickings, Dickens 68
Danid 494
Thomas 360
Dickinson, Christopher 466
Charles 488
John 266
Docking estates tail, act relative to. .365
Dodge, "David 403
John 488
John, Jr 63,494
Nathaniel 68, 293
Samuel 494
William, Jr 494
Dorrance, George 555
George, Jr 555
James 520
John, Jr 496
John, son of George 520
Samuel 496
Samuel, Jr 555
Downing, Valentine 540
Drake, John 403
William 420
602
GENERAL INDEX.
Draper, Jonathan 198
Dring, Thomas 554
Drowne, Solomon 571
Drunkenness, acts to prevent. .294, 3G7
Dublin, John 31, 279
Duck, bounty allowed on 317, 321
encouragement to manufacture. . .3C3
Dudley, Colonel 4, 94
report of attorney general on letter of,
15
Dufy, Thomas 337
Dummer, agent 282
Dumoy, William 518
Dunbar, George 266, 483
Mordecai 420
Dunham, Daniel 227
Daniel, Jr 498
Dunn, James 14 7
Richard 8,47, 113
Samuel 266
Durfee, Durfey, George 360
Job 163
Thomas 147, 219, 420
Thomas, Jr 28, 67
Durk, Thomas 518
Dyer, 1 lyre, Edward 112
John 571
Charles 290, 466, 193
Edward, Jr 310
Samuel 271, 338, 3 11, 193
Samuel, of Providence 518
Samuel, Jr 88
William 4H3
William, Jr 88
Eady, Benjamin 50(1
Eliphalet 542
Elisha 4 7!)
Joseph 50G, 574
Jonathan 520
Zachariah 480,523
Earle, Benjamin 402, 494
Caleb 493
John 337
John, Jr 216
Oliver 375
Thomas 184
East Greenwich lands 51
line 104
highways in 583
Easton, James 479
John, son of Joshua 554
John, son of Stephen 505
John, Jr 266
Josiah 14 7
Jonathan 309
Joshua, son of John 147
Nicholas 38, 203, 448, 506
Nicholas, Jr 544
Stephen 199
Samuel 399
Peter, Jr 147,478
Easton, Peter, son of John 26C
Easton's pond, fish to be protected in,
538
Easton's Point, ferry to be established at,
867
Eburn, Samuel 325
Eccles, Brice 541
Eddy, John 168
Daniel 571
Zachariah 38
Zachariah, Jr 386
Edmonds, Joseph 88, 242
Thomas 539
William 38, 345
Edwards, John 481
Thomas 519
Elderton, Robert 399
Eldred, Anthony 810
Benedict " 505
.John, Jr 467
John, son of Thomas 141
James 141, 350
Robert 227
Samuel, son of John 541
Thomas, Jr 227
Thomas, son of Daniel. 310
Thomas, son of Samuel 4 94
William 204, 310
William, Jr , 494
Eldreth, Experience 38
Eldridge, John, 3, 18, 23, 48, 67,89,
114, 142, 204
Daniel 199
Elections, act to prevent frauds at, 195,
208
orders to regulate 207
Ellery, Benjamin, 17, 94, 113, 122, 147,
183, 312, 320, 385, 392, 468,
572.
William 325, 457, 55 J
Ellis, Ayres 555
Jeremiah 386
Samuel 467
Theophilus 479
Theophilus, Jr 492
Emmatts, Joseph 340
Emory, John 435
Enos, Iehabod 555
John, Jr 494
Joseph 399
John, 3d 519
Joseph, Jr 566
Estates intestate, act for settling, 238,
257
Estence, Henry 290
Cornelius 290
Estis, Robert 227, 436
Eusten, Samuel 88
Evans, David 290
Edward 520
Richard, Jr 290
GENERAL INDEX.
G03
Execution, goods taken on 520
Eyres, Nicholas 5 70
Fairchild, Major 478
Fanning, William 340
Fenner, Arthur 28, 228, 293
Arthur, Jr 32G
Edward 326
John 326
Thomas 184, 205, 217
Joseph 480, 544
Richard 506, 520, 555, 572
William 541
Ferman, Moses * 234
Ferries, act to establish 144
vote relative to 3 70
Ferrymen may sell liquors 250
Thomas 39, 67, 79, 89, 114, 142
Fetteplace, Samuel 310
Field, Anthony 466
Charles 5C 5
Capt. John 448
John 141
John, son ot Zachariah 493
Joseph 290
Jeremiah 290, 337
James 402
Nathaniel 326
Stephen 326
Thomas, Jr 290
Zachariah 38
Fines and recoveries, act relative to, 406
Fish, Benjamin 507
Daniel 435
Jeremiah 340
John . 554
Jonathan 420, 479
Job 496
Preserved 434, 541
Robert 386
Robert, Jr 337
Fisk, Benjamin 420
Daniel, of Providence 466
Daniel, of Scituate 481
Hezekiah 435
Joseph 435
Fisheries, acts to improve and preserve,
263, 511, 528
Fitch, David 463
George 447
Robert 77, 80
Samuel 3 25
Fones, Daniel 505
James 505
John 51, 399
certain book of, to be deposited
with the Governor 397
committee to inspect records of. . .409
Samuel 39, 69, 90, 113, 551
Samuel, Jr . 386
Forceable entry and detainer, act
relative to 418
Ford, Peter 224
Fort Ann. Newport, orders relative to,
171,175,190, 197, 244, 249,271,
298, 429, 439, 475.
Fort George, act for keeping in order,
473
cannon to be procured for 487
orders relative to. .537, 559, 566, 585
Fortuneau. Daniel 435
Forrester, John 402
Forster, Caleb 519
John 402, 488
Stephen 555
Thomas 542, 554
Fowler, George 403
Joseph 4 70
Samuel 479
Franklin, Abel 326
George 571
John 183
James 472, 5"<5
Stephen 539
Frazier, Alexander 479, 539
Freeborne, Gideon, 147, 223, 292, 301,
337, 419, 468
Gideon, Jr., 213, 21 7, 223, 246,261,420
John 326
Joseph 541
Thomas 488
Freebody, John 269, 402, 457
John,Jr 420, 435
French, Nathaniel 416
William 554
Freemen, act directing the admitting of,
338,433
Fry, Frye, John 266, 493
Joseph 420
Thomas, 3, 19, 37, 39, 48, 78, 87, 151,
169, 246, 311, 374, 468
deputy governor 391, 403
Thomas, Jr '. 1 84, 5 72, 582
Fryers, John 540
Gardiner, Joseph 87, 147
Kobert 147, 171, 183
Samuel 88
Gardner, Benjamin 421, 494
Caleb 466
Ephraim 227,572
Ephraim, Jr 554
Ezekiel 494
George 340, 386, 46 7
Henry 227
Henry, son of Nicholas 554
Isaac 310
James 309
John 310, 338,469,521
John, son of William 554
.In-
epli
,4o3
Nathaniel 227, 505
Nicholas 204
Richard, Jr 467
604
GENERAL INDEX.
Gardner, Robert 309
Solomon 518
Samuel, Jr 494
Stephen, Jr 360
Thomas 385, 4G9, 521
William 141,359
Gates, Isaac 541
Gavet, Ezekiel 326, 488
John 147,447
Gay, John ...486
General treasurer, bonds to be given by,
429
may sue for colony's money 446
George 2d, proclaimed King, and
address voted to 392, 396
letters of Gov'r Jenckes to, 393, 458
petition from the people to, rela-
tive to bills of credit 459
Gibbs, Israel 479
James 554
John 541
Robert 493, 523, 555
William 37
Gidley, John 325
Gilbert, Francis 266
Glin, Thomas 361
Gladding, Joseph 493
Glocester, town of, set off from
Providence 443
survey of 451
Goddard, Beriah 227
Daniel 398
Ebenezer 325
Henry 113
Godfrey, John 402
Caleb 420
John 402
Golding, Goulding, George, 17, 121, 199,
246, 265,416,419,468
Goldsmith, Joseph 18
Goodfellow, Thomas 314
Goodson, John 183
Gorton, Benjamin 147
Benjamin, son of John 310
Edward 310
Hezekiah 204,343
John 337
Israel 337
Othniel 434, 449, 468, 565
Samuel 290
Samuel, son of Samuel 168, 386
Samuel, son of Benjamin 114
Jamuel, Jr 37
Samuel, of Providence 541
William 479
Gould, Daniel 227
Jacob 466
James 227
James, son of Thomas 504
Jeremiah, 164, 203, 246, 292, 312,
399, 360, 385, 468, 521, 572
Gould, John 26G
John, of North Kingstown 467
John, Jr 519
Thomas 28
Thomas, Jr 266
Governor, his house free from tax. . . .20
authorized to press vessels 36
required to live in Newport 388
Grain, exportation of, forbidden .... 1 59
sale of, regulated 160
price of, in 1 708 33
Grant, Seuton 493
Great Purchase, committee on, and
votes relative to 439, 441, 522
Greene, Benjamin, son of Jabez. . . .340
Benjamin, son of Samuel 340
Benjamin, 26, 67, 80, 168, 246, 265,
292
Barlow 227
Charles 51
Daniel 340
David 48, 80, 177, 183, 213, 246
David, Jr 326
Ebenezer 326
Elisha, of Providence 325
Elisha, of Warwick., 376
Francis 141
Fones 339
Daniel 540
David 466
Ebenezer, of East Greenwich 494
Ebenezer, of Warwick 519
Edward, Jr 554
Henry 309, 340
Jabez, Jr 479
James 340, 467, 542
James, son of William 505
James, son of John 554
James, son of Fones 505
Job, 6, 28, 67, 87, 113, 120, 142, 205,
292, 412, 421,447
Job, son of Fones 554
Jeremiah 496
Joshua 505
John 227
John, son of John 266
John, son of Thomas 141
John, son of Benjamin 266
John, son of James 38, 114
John, son of Peter 204, 467
John, captain 419
John, son of Richard 448
John, son of Jabez 49G
Nathaniel, son of Jabez 467
Peter 76, 217, 543
Philip _ 386
Peter, son of Major Peter 554
Richard, 3, 18, 23, 28, 39, 47, 67, 89,
114
vs. Williams, case of 41
decease of 1 20
GENEKAL INDEX.
605
Greene, Richard, Jr 340
Rufus 514
Samuel, 17, 37, 138, 168, 199, 217,
246, 310
Samuel of Newport 540
Silas 555
Stephen 204
Thomas 436, 519
William, 204, 385, 468, 520, 543, 572
564
deputy governor 576
William", son of Samuel 227
William, to run the Connecticut line,
400
Greenal, Mathew 555
Greenhill, Daniel 432
Greenman, Edward, 78, 87, 256, 257,
297,300, 314,422
Silas 203, 213, 318
Eunice 313
William 541
Griffith, Philip 141
Grinold, John 555
Grinnell, Thomas 479
Mathew 506
Groundnut, John 114
Grout, Ebenezer 229
Guild, Daniel 18
Guile, John 38
Guns, petition to the King for 428
Guthridge, Richard 216
Haggar, Benjamin 466
Hales, Robert 291
Hall, Abiel 541
Benjamin 3, 17, 69, 14 7, 168, 493
Benoni 467
Elisha 488
George 18, 360, 402, 539
John 141, 556
John, Jr 519
Joseph 488
Joshua 506
Nathaniel 337
Robert 141
William, 37, 39, 69, 168, 183, 203,
345, 447, 555
William, Jr. 463
William, of Kingstown 168
Halls, Judah 399
James 399
Hambleton, William 266
Hamilton, John 586
Otho 586
Hammett, John. .38, 120, 145, 172, 506
Hammond, Gideon 542
Pollipus 505
Elnathan 518
Hance, John 314
Handson, John 340
Hannah, William 479
Robert 419
Harcourt 16
Harden, Israel 203
Harding, Stephen 168
Thomas 290
Hardman, Edward, his books order-
ed to be burned 393
Hargill, Barnabas 3 75
Harris, Andrew. .87, 183, 293, 312, 327
Amaziah 402, 46 7
David 492
Ephraim 314
Henry 505
Henry, Jr 325
Job 309
John 309
Jedediah 481
James 542
Joseph 505
Michael 340
Preserved 542
Thomas 263
Thomas, Jr 309
Thomas, son of Henry 479, 505
Uriah 402
William 167, 288
William, of Providence 505
Hartshorn, Jacob 435
Harwood, Philip 168
Hassard, Fones 555
George, 17, 48, 68, 147, 268, 482, 545
George, deputy governor, 496, 507,
543
Jeoffrey 507
Oliver 494
Robert 495, 509, 543
Robert, Jr 141
Robert, captain 543
Haszard, Benjamin 310
George 46S
George, Jr 310, 419, 435, 449
George, son of Thomas 310
Jeffery 310
Jonathan 403
Jeremiah, Jr 310
Mary 322
Robert 310
Samuel 403
Stephen 310
Thomas 436
Robert 310
Hatch, Nathaniel 340
Havens, George 432
Nathaniel. 360, 3S6
Robert 539
William 520
William, Jr 310, 551
William, son of Joseph 467
Hawes, John 33 7
Hawkins, John, Jr 290
Joseph 435
Stephen 518
606
GENERAL INDEX.
Haxton, Benjamin 481
Haydon, Samuel 227
Samuel, Jr 246
Haynes, Josiah 4G7
Haywood, Richard 542
Hazard, George 48, 268
Stephen.. . 19, 37, 30, 47, 78, 183, 301
Stephen, son of Thomas 216
Thomas 216, 217, 226
Hazleton, James 216
Heandrum, Margaret 185
Heathcote, Caleb, letter to board of
trade, making charges against
the colony 258
Hedges, John 402
Hedley, Henry 402
HefFernan, William 37
William, Jr 340
Helme, Christopher 340
James 467, 551
John 466
Nathaniel 542
Rouse, 217, 265, 323, 327,360,421,
44 7, 469, 504, 5 72
account for building court house... 173
Sands 494
Hemp, price of, fixed 297
act for the encouragement of the
raising and manufacture of . . . .399
act for bounty on 4 74, 512
votes relative to 410, 525
Henry, Evan 157
John 518
Herbert, Lord 23,54
Hern, William 448
Herenden, Aaron 491
David 491
Elisha, Jr 542
Ebenezer 491
Francis 542
Hezekiah 496
John, Jr 481
Josiah 481
Stephen 481
Herndeen, Daniel 325
Elisha 326
John, Jr 326
Preserved 467
Solomon 326
Herrington, Joseph 38
John 505
William, Jr 38
Hicks, Benjamin 463
Ephraim. 420
Isaac 4 70
John 554
Thomas, 147, 213, 265, 309, 339, 345,
386
Thomas, Jr 3S6
Weston 420
Higgins, Ephraim 309
Higgins, William 493
Hill, Bernard 496
Caleb 420
Daniel 266
Ebenezer 420
Henry, Jr 360
John 203, 204, 211, 292, 345
Jonathan 337
Josiah 326
Robert 542
Samuel 494
Thomas 436
William, Jr 554
milieux, Prudence 185
Hiscox, Thomas, 227, 326, 374, 385, 520,
5'72
William 436
Hix, Daniel 542
Isaac, colonel 464
Thomas 115, 468
Hoar, Henry 435, 493
Hodgson, Daniel 224
Hogg, John 467
Hull leu, Anthony 204
Charles 87, 227
John 168
John, son of Charles 326
Randall, assistant, 3, 18, 28, 39, 67,
89,114, 142, 183, 217, 312,345,
360.
Randall, Jr 204
William 293,506
Holt, Benjamin 518
Holmes, Jonathan 3,17
John 28, 34, 37, 46, 67, 79. 82
Ilolway, John, Jr 519
Joseph 554
Honeyman, James, Jr., 447, 469, 481,
573
Hookey, John 540
Stephen, Jr 309
William 540
Hopkins, Daniel 520
Elisha 289, 309
Ezekiel 141
Jabez 496
Joseph 266
Joseph, Jr 403, 496
Joseph, of East Greenwich 542
John 481
Oziel 481
Reuben 555
Samuel 448
Stephen, 468, 480, 507, 522, 543, 569
590
William, 3, 42, 83, 87, 10 7, 177, 199,
520, 5 78
Zebedee 289
Horse, acts for raising troops . .119, 178
Horses and cattle, act for crying. . . .501
Houlton, John 435
GENERAL INDEX.
607
Howard, Martin 375
tf Moses 571
Howe, Benjamin 26
Howland, Daniel 216, 240
Jedediah 88
Job 467
Hoyle, John 326
John, Jr 551
Hoxsie, Benjamin 541
Joseph 399
Joseph, son of John 519
John 399
John, Jr 432
Stephen 519
Solomon 519
Hudson, Thomas 289
Hugh, Ellis 561
Huling, Alexander 28
Alexander, Jr 310
James 310
Hull, John 28, 78, 182
John, Jr 266, 539
Joseph 63, 326, 554
Samuel 554
Reuben 262, 269, 272
Teddeman, 199, 223, 309, 359, 449,
556
Hunt's river bridge, appropriation
for building . !" 208
Hunt, Edward 420
Adam 420
John 555
Joseph 436
Samuel 519
Huntington, John 518
Husehman, Thomas 435
Illegal voting, act to prevent 550
Indians, Five Nations of, act relat-
ing to the support of 127
Indian servants or slaves, act pro-
hibiting the importation of 193
acts and orders relative to . .197, 240
lands to be leased out. . .221, 550, 562
disposition of 230
Miantonomi's children heirs to land,
229
act to prevent them being sued
for debt 233, 344
act to prevent clandestine pur-
chases of 396
not allowed to make dances 425
act to prevent the abuse of, in
making them servants 438
see also Ninegret.
Infectious diseases, acts to prevent
the spreading of 554, 562
Ingraham, John, Jr 420
Inhabitants in colony in 1708 59
act declaring what real estate
shall make one 235
Inman, Abraham 555
Inman, Benjamin 492
Elijah 566
Edward, Jr 520
Francis 38
Isaiah, Jr 506
John, Jr 38, 555
Joseph 290, 492
Michael 467
Samuel 38
Valentine 289
Insolvent debtors, act relative to. . . .562
Intestate estates, act relating to, repealed,
417
Irish, Jesse 519
Irons, Jonathan 520
Jeremiah 555
•Jackson, James 464
Jaekwais, Thomas 141
Jacobs, Joseph 340
James, Benjamin 227, 538
John 168, 420, 519
Joseph 432
James 538
Peter 5 70
Thomas 538
William 261, 302, 326
William, son of John 554
Jamestown, road in 72, 85
act relative to highways in 83
Jamestown fenies, 76, 144, 462, 36 7,
400
appropriation for bridge in 364
Jeffers, Caleb 478
George 88
John 466
Thomas 466
William 540
Jefferson, Benjamin 386
Thomas 505
Jenckes, Daniel 480, 516, 521
Daniel, Jr 325
Jonathan 402
John 242, 287, 298, 555
Obadiah 4 96
Obadiah, Jr 520
Joseph, deputy, 3, 17, 3 7, 4 7, C7, 79,
89, L42
other references to, 5, 110, 183,203,
217, 228, 310, 327, 338, 374, 385
to run the northern boundary .... 1 10
sent to England as colony's agent, 287,
letter to Governor Shute on the
boundary 336
Governor, 387, 403, 421, 436, 449,
468
his letter to George 2d 393, 458
Joseph, Jr .118
Nathaniel 7 7, 117
Nathaniel, Jr 290
William 295, 385, 411, 556
608
GENERAL INDEX.
Jenkins, John 310, 375, 506, 543
Job 338,494
Jedediah 403
Zacbariab 88
Jerson, Richard 402
Johnson, Jonathan 479
Edmund 436
Elisha 184,467
Elkanah 266
John 340
Joseph 555
Jones, Daniel 555
Josiah 147
Jeremiah 266
John 542
Richard 571
Seth 184, 467
Seth, son of Jeremiah 467
William, Jr 518
Zaehariah 38, 180
Joslin, Henry 463
Thomas 310, 322
Joy, Peter 466
Judgments, aet regulating appeals from,
442
Judges and clerks, act relative to. . .484
Jurors' fines, act for raising 375
act stating the fees of 538
Justices of peace, act fixing juris-
diction of 437
Kane, Cane, Edward 246
Kay, Nathaniel, letter to William Popple,
244
Nathaniel 246, 422
letter to board of trade, on bills
of credit 457
Keatch, Benjamin 479
Keese, Shadrach 216
Keech, Benjamin, Jr 542
William, Jr 542
Kimball, Joseph 520
Kelly, Robert 554
Kennedy, Archibald 586
Kennicut, Edward 5 71
Kennion, John 141
John, Jr 488
George 551
Thomas 488
Sylvester 555
Kettle, Manson 403, 479
Kilton, Samuel 290
Thomas 290
King, Amos 420
Clement 33 7
Isaac 420
James, Jr 337, 467
Jonathan 435
Josiah 554
John 435
John vs. Carpenter, case of 29
Obadiah 481
King, Mathias 541
Thomas 325, 337
William" 493
Kings county, cost of erecting court
house in 473
Kingstown, highways in 143
committee to divide the town of, 316,
317
report for the dividing the town of,
321
transcribing the records of 333
Kinsley, Samuel 204
Kenyon, David 432
Enoch 204
Joseph 432
James, Jr 340
Peter 399
see also Kennion.
Kirby, James 447
Knight, Christopher 492
Ebenezer 479
John 138, 290
John, Jr 554
Jonathan 289, 542
Bicliard, son of Jonathan 289
Richard 203, 290
Richard, 3d 541
Robert 290, 310
William ;541
Knowles, John 266
Daniel 310
William 3, 28
Knowlton, Joseph vs. Pellet, case of, 90,
115, 168,515
Elisha, 246, 290, 301, 345, 419, 449,
480
Korey, William 447
Ladd, Samuel 519
Lake, David 448
Lamphear, George 505
Ebenezer 519
John 519
Lancaster, Edward 185
Land titles, act relative to 474
Lang, Nicholas, 18, 39, 47, 67, 89, 114,
142, 148, 169
Langford, John 157, 216, 268, 386
Langworthy, Lawrence 505, 559
Lapham, John 491
Joseph 491
Thomas 491
Larkin, Larking, Edward 3, 199
John, son of Roger 488
Nicholas 555
Samuel 494, 505
Lausac, Susanna 186
Lavalle, Peter 402
Lawrence, John 448, 457, 554
Laws, public, to be prepared for the
press, 195, 209, 226, 234, 257, 408,
444, 463, 524.
GENERAL INDEX.
609
Laws, public distribution of 248
act relative to the drawing up of, etc.,
86, 417,463
Lawyers j^rohibited from being deputies,
430
Lawton, Adam 177, 183, 242
Adam, Jr 493
Benjamin 338
David 571
Daniel 337
David, son of Jeremiah 32G
George 18, 113,168, 177,359,435,555
George, son of George, Jr 18
James 541
John 266, 572
John, son of Isaac 435
Jonathan 18
Isaac 47
Joseph 68, 375, 399
Job 168
Robert 38, 368
Robert, son of George 435
Robert, of Portsmouth 227
Thomas 337
Thomas, son of Benjamin 554
William 216
Leach, Joseph 570
Thomas 168
Lee, George 103
Peter 494
Leigh, George 74
Levalley, John 554
Lewis, Amos 519
Daniel 113, 125, 240
David 519
Israel 436
James, 3d -.'505
John 77, 87, 204
John, Jr 302,326
John, son of John 326
John, of Westerly 494
Joseph, Jr 448
Nathaniel 436
Richard 38
Small 361
William 399
Lillbridge, John 494
Robert 448
Thomas 326
Lillington, James 435
Lovelace, Lord 55
Loveliss, John 326
Lovel, Alexander 496
Low, Anthony, 147, 182, 203, 265, 302,
367,468
John 114, 141
John, Jr 340
Stephen 375
Lowden, Richard 554
Lucas, Aug 17,197
Aug., Jr! 386
Lyndon, Josias 398, 417, 507, 552
Lyon, John 420
James 493
Lindall, Henry 88
Lindsay, Christopher 541
Richard 147
Lippitt, Christopher 541
John 340
Jeremiah 479
Moses 183, 203, 292, 319, 385
Liquors, acts and orders relative to
sale of 250, 294, 418
Little, Robert 325
Littlefield, Caleb 293
Caleb, Jr 266
James ' 435
John 541
Nathaniel 293, 543, 572
Samuel 519
Livingston, Philip 586, 587
Lock, Joseph 494
Lock wood, Amos 326
Abraham 496
Loja, Abraham 492
Long, Ezekiel 3 75
Richard 493
Longford, Jonathan 492
Lotteries, act for suppressing 478
Mackenny, John 266
Mackoun, John 326
William 488
Joseph 488
MoCready, John 551
Malary, John 542
Malbone, Godfrey 266, 555
Man, Daniel 290
John 290
Manchester, John 168, 216, 325
Nathan 337
Thomas 554
Marion, Jonathan, Jr 448
Manton, Jr 290
Shedereth, Jr 38
Map of the colony to be made 263
Marks, Nehemiah 447
Marriage, act for solemnizing 490
Marriages, births and deaths, to be
registered 395
Marsh, Mary 228
Jonathan 420
Eleazer 542
Epkraim 542
William 88
William vs. Barker, case of 71
Martin, James 420, 437, 481, 572
John 467
Martindale, Isaac . 325
Sion 340
Massachusetts, letter to be sent to,
relative to furnishing soldiers, 346,
348
VOL. IV.
i I
610
GENERAL INDEX.
Massachusetts, reasons for not fur-
nishing men S51
Massachusetts boundary, commis-
sioners to run. .4, 30, 206, 218, 234
see northern boundary,
requests aid against her enemies. . . .5
representation from board of trade,
relative to 12
proceedings relative to, 83, 85, 94,
104, 547,562
report of the commissioners on,
accepted 243
report of commissioners 252
letter to Governor Shute, relative t<>,
335
act appointing commissioners to
run the line with 431
acts appointing commissioners to
settle the eastern division line
with 445, 559, 550
order to commissioners relative to,
453
appointment of commissioners by
the board of trade, to settle 586
royal commission to settle ."s7
Rhode Island commissioners 590
votes relative to the disputed gore of
land, with, 462, 463, 465, 471, 474,
4 76, 478, 482, 485, 486, 498, 500,
522. 557.
committee from New York to ad-
just difficulty 464,470
subject to be submitted to the King,
465
act to pay commissioners for set-
tling controversy 488
rates not to be levied on till settled,
453
representation to be made to the
King, relative to 453
appeal to the King, relative to. . . .491
Mathewson, Daniel, Jr 325
Daniel, son of John 466
Francis 495
Francis, Jr , 519
Henry, Jr 340
Henry, of Providence 519
Hezekiah 2C6
James, Jr 325
Jeremiah 519
Joseph 4 20
Peregrine . , 506
Philip 417
Thomas, Jr 375,481
Zachariah, Jr 518
Zuriel , 555
Matteson, Mattison, Francis 114
Henry, Jr 403
Hezekiah 386, 4 .7
James .42, 494
John 494
Matteson, Mattison, Joseph 505
Joseph, Jr 194
Israel 493
Richard 493
Thomas 2 1 6
Zachariah 290
Massecup'a claim to lands 230
Mawney, Peter 572, 582
John 565
Maxon, Maxson, Joseph 163
Joseph, Jr 326
Joseph, son of Jonathan 488
John, son of Jonathan 494
John, Jr 204, 826
Samuel 554
William &fi4
Maxwell, Samuel 398
Mayhew, Richard 494
Mayhem, John 571
Meadows, Ph 15, 28, 54, 92
Meecum. Jeremiah 196
Meerotn, Jonathan 29
Mellis, Thomas 17
Mclvill, David 540
Menzies, Joseph 13 3
Merry, Benjamin, Jr Ml
MeiTJ hew. Jeremiah 554
Mew, Richard 39
Miantonomi, children of 229
Militia, acts relating to, 149, 437, 500,
538, 573
orders relating to, 155, 173, 21 1, 238r
396, 438, 548
Millers, act for regulating 375
Millard, John 494
Milliman, John 268
Mills, act regulating 499
Mitchell, George 266
Edward 32&
James 488, 518
Jonathan 403
John 494
Joseph 293
Peter 38
Richard 147
Thomas, New Shoreham, 292, 339, 507
Thomas, Jr 543
Monday, Richard 309
Money, Samuel 571
Monkton, R 23, 54, 92
Moone, Ebenezer, Jr 494
John 541
Robert 494
Moore, John 326
Robert 519,541
Morehouse, Thomas 326
Morino, Charles, Jr 4 78
Morris, John 493
Richard , 375-
Mortgage deeds, orders relative to.. .299
Mortimer, Robert; 541
GENERAL INDEX.
611
Moslier, Hugh 88
Moswosecut bridge 512, 53 7
Mott, Edward 268, 43G, 541
Jacob 506
Jacob, Jr 67,337, 389
John 293
Nathaniel 87
Samuel 147,488
Samuel, Jr 325
Stephen 554
Mowry, Benjamin, of North Kingstown,
488
Benjamin, of Westerly 505
Daniel 289
Jeremiah 491
Jonathan 386
Joseph 37, 48, 113, 184, 494
Joseph, of Westerly 488
Joseph, Jr 289
Joseph, Jr., of Smithfield 491
Jacob 492
Nicholas 63
Oliver ...491
Robert 467, 505
Roger 505
Mozley, Francis 361
Mumford, Benjamin 310
George 217
Jireh 551
John. . .31,47, 79. 130, ?52, 467, 551
John, Jr 309
Joseph 310,527
Peleg, Jr 310
Richard 310
Stephen 80
Stephen, Jr 266
Thomas 27,39,42
Thomas, Jr 141
William 293, 310,437
Napp, David 541
Narra-Tansett, survey of vacant lands in,
31
acts relative to settlement of, 35, 50,
51, 150
road to be laid out in 150
land, Indian claims to 230
bonds for 344, 364, 381, 426
Naval officers' fees, act for enlarging,
439
Navigation act, proceedings relative to.
131
Negroes, impost tax on 34
act to prevent the entertaining of. . 50
slaves, letter from the board of
trade, relative to the importa-
tion of 53,92
answer ot Governor Cranston to. . .54
acts relative to the importation of,
131, 138, 143, 423, 454, 471
act relative to the freeing of 415
Negus, Henry 375
Neivil, Joseph 463
Nelson, John 21
Newbury, Benjamin 72
Sankey 359
Newcomb, Peter 571
Newdigate, Nathaniel, 26, 262, 289, 408,
457
New Shoreham. See also Block Island.
soldiers granted to 116, 128
may choose additional wardens. . .548
measures for defence of. 56 7
Newport, vendue established in 49
colony house in, repaired 65
ferries, act to establish 144
jail, re-building of 176, 187, 219
provision for paving streets in, 191,
192
act relative to highways in 253
act authorising town council to
pi event frauds, &c 253
provisions of John Clarke's will,
relative to _■ -253
act asrainst firing «uns and squibs in,
463, 538
act relative to a watch, &c, in, 490,
538
brido-e to be built at Point Bridge in,
500, 514,524
fire engine men in, exempted
from certain duties 538
New York, demands of the colony of,
302
Nichols, David 310
Kendall 88
Alexander 565
Benjamin 554
Herbert 541
Jonathan, 18, 148, 167, 177, 226, 293,
312, 322, 327, 347, 360
Jonathan, of East Greenwich 375
Jonathan, of Warwick 554
Jonathan, deputy governor 387
decease of 391
Jonathan, of Newport 493
John 114,554
John, Jr 184
John, of South Kingstown 494
Joseph 37,
Joseph, son of Benjamin . .
May
Robert 541
Stephen 555
Thomas, 17, 28, 78, 113, 301, 345, 468
Thomas, Jr 184,203
Nicholson, Col. Francis, 73, 99, 120, 166
letter of Governor Cranston to 73
Niles,John 542
Joseph 68
Jeremiah 413
Nathaniel 90, 310,568
Nathaniel, Jr 3/5
.494
.325
G12
tJENERAL INDEX.
Niles, Thomas 342, 432
Norton, Benjamin 38, 199, 457
Benjamin, Jr 385
Jacob vs. Mumford 80
Nathaniel 518
Thomas 183
Noyes, James 80
Ninegret, Ninecroft, lands to be set oiF to,
52, 61
orders relative to lands of, 151, 211,
236, 451
lands of, to be leased 220
claim of, considered 232
loans to 234, 316, 344, 391
land of, appropriated for a church, 397,
500
trustees of 397
to appear before the Assembly.- • .447
lands of, to be surveyed 450
see also Indians.
North Kingstown, formation of the
town of 322-23
military companies in 343, 349
order relative to turning a stream, 382
highways in 583, 590
Northern boundary, commissioners
to run 4, 30, 63
proceedings relative to 83
see also Massachusetts.
Northey, Edward 16
Northup, David 436
Benjamin, Jr 494
Benjamin, son of David 505
Henry 310
Henry, Jr 310
Immanuel 310, 469
Nicholas 310, 342
Robert 551
Stephen 382
Stephen, Jr 467
Oatley, Jonathan 494
Odlin, John, 26, 34, 72, 171, 219,
339, 345
John, Jr 44
Robert 325
Oglethorpe, James 481
Olden, Joseph 494
James, Jr 466
Jonathan 46 7
Daniel 554
Olin, John 542
Olney, James 301, 569
Joseph 435
Epenetus, Jr 1..386
Obadiah 466
Thomas 5, 17,47, 308, 359
Thomas, Jr 290
Thomas, son of Epinetus 38
Thomas, currier 386
Stephen 555
William, Jr 290
Osborne, Mercy 31 3
Oysters, act for the preservation of. 502
Owen, John 386
Thomas 518
Packard, Fearnot 466
Page, .John 506
William 326
Paine, Pain, Benjamin 32G
Gideon 555
John 290,543
John, of Providence 551
Nathan 326
Nathaniel 4
Stephen 326
Stephen, Jr 542
Thomas 519
Palmer, Christopher 578
Palmitcr, John 240
Parker, Peter 204, 481
Parks, James 541
Parry, John 554
Partelow, John 420
Partridge, Richard, appointed agent
for the colony in London, 187, 200,
213
Pawcatuck road, committee to lay out,
151
Pawcatuck river, testimony concern-
ing the head of 278
project for turning the course of, 491,
510, 516
bridge, orders relative to. ...446, 537
Pawtucket bridge, votes relative to, 1 1 9,
135, 143, 181, 243, 297, 347, 413,
433, 462, 477, 490, 503, 552.
Pawtucket Falls 94
Pawtucket river, jurisdiction of 116
act asserting claim to gore of land near,
437
Pawtucket bridge, acts relative to, 1 1 9,
181,243, 290, 328, 350,416,433,
484
Peabodv, John 493
William 309
Pearce, Pearse, Collier 5 70
Daniel, 39, 114, 265, 288, 292, 337,
344, 449
Daniel, Jr 468
Giles 340, 556
Jeremiah 57
Jeremiah, of Warwick 519
John 337, 565
John, Jr 33 7
John, son of David 337
John, son of Jeremiah 542
Miel 541
Nathaniel 541
Preserved 114, 337
Philip 403
Samuel 420,492
Valley 325
GENERAL INDEX.
613
Pearee, Pearse, William 578
Pease, Simeon 227, 419, 457
Peck, Zephaniah 518
Peckham, Daniel 479, 488
Isaac 168
Job 147
Joseph 79, 386
John, Jr 540
Joshua 570
Peleg 38, 466
Reuben 44 7
Samuel, Jr 5 71
Thomas 37, 199
Thomas, Jr 203
Timothy 88
Timothy, Jr 402
William 215, 385
William, son of William 402
Pedlars, acts relative to 162, 408
Pelham, Edward 17, 147, 185
Thomas 289, 294
Pellet, John 90, 115
Pendleton, Bryant 448
Pendleton, Joseph 359
Joshua 488
Edmund, Jr 488
William 448
Penn, Sir William 64, 125
Perkins, Abraham 340
Ebenezer 554
Newman 555
Personal actions, act for the limitation of,
381
Perrin, Thomas 570
Perry, Benjamin 488
Benjamin, Jr 505
Edward 571
Samuel 326, 511, 572
Perrydale, Benjamin 204, 224
Petitions, tax on 210
Pettaquamsi.-utt purchase. .380, 405, 407
line of, to be run 399
Petteplace, Job 46 7
Pettys, William 505
Phetteplace, Walter 449
Philip 479
Walter 521
Phillips, Christopher 310, 590
Daniel 492
Erasmus James 586
Israel 309, 492
Joseph 289
James 309
John 494
Michael 309
Peter 386
Richard 359
Samuel 325
Samuel, Jr 494
William 325
Piggott, George 227, 340
Pike* Samuel, Jr 359
Pinnegei , William 246
Pirates, orders relative to, 241, 331, 558,
581
act for the securing of 329
vote relative to the trial and exe-
cution of 331
vessel re-captured from 361, 364
Pitkin, William 273
Ozias 470
Pitman, Moses 541
Samuel 570
Place, Enoch 326, 403
John 326
Joram 402
Joseph 290
Joseph, Jr 290
Samuel 467
Thomas, Jr 375, 386
Plainfield road, how paid for 152
orders relative to 180, 194, 211
Plumbe, John 2 75
Plumer, R s 208
Pococke, John 216
Point Judith pier . 527
watch house to be built at 568
Pollock, Robert 518
Thomas 420
Pollexf'en, John 15
Poor persons imprisoned, act relative to,
418
Poor, Morris 4 20
Poor sailors, act for the relief of. . . .43 7
Pooler, John 432
Pope, Francis 195
Popple, Wm, letter to Gov'r Cranston,
109
Mr 244
Port Royal 57, 107, 112, 439
proceedings relative to, and expe-
dition against 93, 95, 99, 103
Portsmouth, highway to be laid out
m 219
ferry 390
Potowomet, proposal to annex to
East Greenwich 503
Potter, Benjamin 436, 4 94
Benjamin, Jr 505
Benoni 541
Content 493
Edward 290
Edward, J J.J8
Fisher. 402
George 541
Ichabod, Jr 310, 541
Ichabod, son of Robert 413
John, of South Kingstown 435
John, of Warwick 554
John, son of John 290
John, of North Kingstown 1 36
John, Jr 419, 168
614
GENERAL INDEX.
Potter, Capt. John, of South Kingltown,
468
John, son of Job 554
.John, son of John, of Providence.. 565
Joseph 413
Nathaniel 402,488
Robert, Jr 340, 481
Rowse 554
Thomas 540
Thomas, Jr 310
Thomas, son of Ichabod 399
William 290,435
William, Jr 266
Power, John 326
Nicholas 2G7, 308, 319, 324, 341, 345,
419, 449, 4G9
Nicholas, Jr 4 94
Pray, Hugh 38
John 38
Richard 290
Prevost, William 586
Price, Benoni 293
Prince, Solomon 309
Prior, Nathaniel 15
Privateers against Spain 561
Profane swearing, order relative to. .416
Proud, John 447
Providence and Warwick, act rela-
tive to 7
act for building bridges in. . .118, 129
art tor laying out highways in. . . .364
court house in, where to be placed,
432
committee for building 477
petition for division of. 439, 442
act for erecting the out-lands of,
into three towns, Smithficld,
Scituate and Glocester 442
report on the lines of the above towns,
451
division of military companies in. .548
Pulman, Nathaniel 541
Pulteney, 1 23, 54, 92
Punhunganset bridge 512
Quakers, petition from, referred. . . .433
Ralf, Ralph, Hugh 289
Thomas 289
Thomas, Jr 542
Randall, Benjamin 541
Henry 38, 290, 493
Henry, Jr 542
John* 278, 325
Jonathan 309, 5C6, 582
Job 435,572
Joseph 325
Joseph, Jr 5 71
Mathew 278
Nathan 519
William, Jr 290
Rates levied, 24, 34, 46, 65, 70, 74, 84,
100, 106, 164
Rathbonc, Rathbun, Benjamin. ...519
Ebenezer 488
Job 494
John 467
John, of New Shoreham 494
John, Jr 68
Joseph, Jr 494
Nathaniel 505, 519
Thomas 113, 338, 436, 449
Thomas, Jr 266
Thomas, of North Kingstown . . . .519
William, Jr 68
Ray, Gideon 266
Simeon, 48, 68, 87, 113, 147, 168,
265, 292, 309, 330, 359, 419,
449.
Nathaniel 296
Read, John 184
William 398,420
Reading, John 586
Real estate liable for debt 549
Record, John 216, 554
Redwood, Abraham 447, 457
Registration of marriages, births
and deaths ordered 34, 395
Religious societies may be support-
ed by free contribution 204
Relph, 'Thomas 518
Remington, Daniel 227
Jonathan 403
Stephen vs. Brenton 48, 136
Thomas 337, 554
William 114, 310
Reynolds, George 399
Henry 216
Jabez 338
James, Jr 386
James, son of Francis 519
Job 565
Joseph 326
Joseph, Jr 338
John 88, 204, 360
John, son of Joseph ■ 436
John, son of Robert 494
John, carpenter 386
Samuel 494, 505
William 494
Zaccheus 326
Rhodes, James 479
Joseph 227
John 24, 47, 270, 449, 506
John, Jr 204, 539
John, Jr., of Providence 518
Malachi 28,47, 77, 151,402
Peleg 113, 229, 321
Samuel 14 7
Theodaty 301, 339
William 37, 350, 449
Zahariah 38,468
Zachariah, Jr 141
Rice, George. 541
GENERAL INDEX.
615
Rice, Isaac 541 I
John 51, 87, 292, 416
John, Jr 168, 199, 572 !
John, son of John, Jr.. .227, 242, 246
Nathan 403
Randall, son of John 539
Richard 492
Randall, Jr 240
William 466
Richardson, Benjamin 505
Ebenezer 385
Isaac 506
Jonathan, Jr 506
Thomas 147, 262
Richmond, Cyrus 399
Edward ... 3 75
John 204, 240, 4 1 9
Samuel 436
Stephen ., 432
Rider, Hemy 551
John 168
John, Jr 44 7, 520
Right, John 18
Roberts, Benjamin 542
David 554
John 386
Robins, Richard 541
Samuel 496
Robinson, Mary 224
John 488
Robert. 518
William, 224, 310, 322, 339, 345, 374,
439,495
Rock, William 541
Rodman, Clarke 246
John 6
Joseph 542
John, of Newport 554
Samuel 398, 542
Rogers, John, 23, 33,37,67, 79, 89, 114,
142
John, son of Samuel 420
John, son of Peleg 554
John, Jr 79, 359
James 326,505, 541
Joseph 398
James, Jr 554
Peleg 168
Samuel 26 )
Samuel, Jr 147
Samuel, son of Samuel 493
Thomas 326, 518
William 44 7
William, Jr 554
Roose, John 326
Rose, Dormac 293
Daniel 420
Richard 541
Ross, David 4 79, 555
David, Jr 555
William 518
Rowse, William 168, 200
Royal, Jacob 517
Royal African Company 53, 54
Rumroy, Ebenezer 493
Runnall, Francis, Jr 141
Joseph 141
James, son of Francis 141
Robert 141
Russell, Daniel 466
John 268
William 420
Saber, John 38
Sabin, Henry 435
Jonathan 88
Jonathan, Jr 359
Joseph 493
Saffin, John 6
Salisbury, Cornelius 289
Cornelius, Jr 326
Richard 542
Martin 554
Salter, Thomas 402
Saltonstall, Gerdon 250, 278, 5*82
Sands, John 68, 147, 168
Edward 494, 572
Raymond 68
Sanders, John 28, 69, 90, 147
Robert 518
Sandford, Elisha 325
Sanford, Francis 293
John 37
John, of Newport 571
John, lieutenant 337
Esbon 227, 512, 551
Joseph 540
Peleo; 293
Richard ....■ 314
Samuel - 375
Thomas 540
William 161, 227, 246
Satterly, John 538
Saunders, Benjamin 302, 326
Edward 204
Edward, Jr 326
Stephen 326
William 488
Saver, Benjamin 325
Sayles, Sailes, John, Jr 289
Benjamin 289
Richard 289
Thomas 289, 521, 543, 552
Savage, Arthur 422
Sawyer, Joshua 493
Scituate, set off from Providence, 443
survey of. 451
act for la)ing out highway in ... .455
and Plainfield highway 492
Scott, Edward 385
Georae ' 420
John. 199, 289
Joseph 289,44 7
GIG
GENERAL [NDEX.
Scott, Daniel 481
Jeremiah 491
Nathaniel 491
Hazael .0 7 1
Sylvanus 67, 210
Scranton, John, son of* Daniel. ... .571
Stephen 204
^ Thomas 227, 314
Seamen, act to encourage the enlist-
ment of 238
Seagers, John, Jr 491
Searegreas, Edward C 457
Searles, Richard 289
Secretary of the colony may ap-
point a deputy ." 438
Shearman, Abraham 375
Benjamin 17, 168
Benjamin, Jr 479
1 tenjamin, of Portsmouth 386
Eber 322
Eber, Jr 494
Elisha 554
George 46 7
Job 337
John 266
Jonathan 338
Joseph i.66, 340
Peleg, son of William 184
Philip 309
Salisbury 494
Samuel 46 7
Stephen 227
Richard 314
Thomas 293
Sheldon, Abraham 325, 496
Daniel 539
Edward 325, 543
Ezekiel 554
Isaac 141, 340
Jeremiah, of Providence 435
Jeremiah, of Scituate 520
John 141
John, Jr 325
Jonathan 518
Joseph 326, 435
Nathaniel 402
Nicholas, Jr 290
Pardon 325, 435
Philip 505
Roger 539
Stephen 506
Timothy 326
Thomas 505
Shelton, Nathaniel 523
Shepard, Ebenezer , 479
Sheppey, Stephen 467
Sheffield, Benjamin 266, 440, 543
Edmund. 266, 467
lehabod 542
James 183, 50G
Jeremiah 310
Sheffield, John 466
Joseph 18, 840, 578
Nathaniel, 19, 39, 69, 82, 87, 89, 113,
12 7, 14 7, 170, 205
protest of, in case Carlton vs.
Brinley 174
Samuel 340
William, son of lehabod 310
Sheriffs' fees, act regulating 240
Short, Samuel 555
Shrieve, John 33 7
John, Jr 887
John, son of John, Jr 571
William 448
Caleb 810
Daniel 320
Shute, Governor, asks aid against
the Indians 320
letter to, relative to the Massa-
chusetts boundary 335
Silvester, Joseph 554
Simpson, John 375
I Sims, John 478
Sisson, Barnet 493
George 3, 28, 338
James 168, 554
John 539
John, Jr 571
Robert 447
Thomas 168, 538
William 538
Skene. William 586
J Slaves (Indian), act to prevent the
importation of 193
orders relative to, 179, 186, 191, 209,
240
impost on 225, 330, 423, 454, 4 71
act relative to freeing 415
Slocum, Edward 554
Ebenezer, 25, 37, 68, 113,142, 168,
555
Benjamin 541
Giles, 17, 67, 89,142,265,266,309,
312, 345
Giles, Jr 39, 326, 498
Mathew 554
John 18
John, Jr 386
Joseph 309, 398, 467
Joseph (in the woods) 386
Samuel 242
Samuel, Jr 494
Peleg 420
Small pox, acts and orders relative
to 300,441,562,569
Sly, Miles 542
Stephen 38,555
Smith, Abraham 491
Benjamin, Jr 340
Christopher, Jr 290
Benoni 448
GENERAL INDEX.
617
Smith, Daniel 290
Daniel, Jr 519
Ephraim 541
Elisha 293
Edward.. 3, 17, 87, 203, 212, 215, 246
Edward, of Newport 447, 504
Edward, of Providence 386
Francis 274
Hezekiah 435
Isaac 266, 293
Israel 290
Jeremiah, 69, 144, 166, 210, 225, 467
John 166, 210, 225
John, son of Thomas 359
John, carpenter 420
John, of Smithfield 491
John, Jr., do. 492
John, captain, of Glocester. 572
John, Jr., of South Kingstown . . .494
Joseph 250, 541
Joseph, Jr., of Smithfield 491
Noah 491
Peleg 361, 434
Philip 217, 463
Simon 19, 28,39, 67, 87, 113,463
general attorney 89
Stephen 555
Thomas 147
Thomas, Jr 289
Thomas, of Newport 540
Waite 467
William, 212, 250, 265, 292, 339, 345,
421, 447
William, Jr.,of North Kingstown. .519
William, of Providence 463, 505
William, of Newport 541
Smithfield, set oS" from Providence . .443
boundary of 451
authorized to lay out highways. . .455
Snell, Samuel 266
Snow, Bradbury 402
Joseph 479
Joseph, Jr 518
John 541
Soldiers, act raising fine on. . . .455, 592
Sole, Samuel 506
Solegar, captain 329
South Kingstown, highway in 415
court house, where to be placed.. .432
Spain, provisions in case of war with, 377
privateers commissioned against.. .561
act for making defences in conse-
quence of war with 566
soldiers sent to the West Indies . .573
proceedings relative to expedition
sent against 576, 579, 582, 585
Sparks, Henry 541
Spencer, Abner, son of Micheal. . . .403
Benjamin 68, 242
John 80, 90, 338, 345
John, Jr 184, 556
VOL. IV. 7
Spencer, John, son of William 403
John, son of Michael 436
John, son of Peleg 467
John, son of William 542
Michael 3, 88, 199
Peleg .....44, 68, 113, 203
Peleg, of East Greenwich 467
Peleg, son of Benjamin, of Providence,
514
Peleg, Jr 541
Robert 292
Samuel 266
Thomas, 17, 28, 87, 168, 183, 387, 507,
540
Thomas, son of Michael 436
Thomas, son of Thomas 4 79
Thomas, son of John, Jr 555
William 216, 339, 419
Walter 340
Spink, Benjamin 479
Ishmael 266, 419, 565
Isaiah 538
Nicholas 163
Spooner, Samuel 466
Wing 554
Sprague, Anthony 519
Benjamin 290
Benjamin, Jr 539
Daniel 551
David, Jr. 481
Ebenezer 263, 292, 466
Hezekiah 337, 491
John 290
John, Jr 1 77, 226
Jonathan, 3, 17, 37, 47, 67, 79, 87,
113, 167
Jonathan, Jr 359, 434, 468
Jonathan, 3d 326
Nehemiah 555
Obadiah 571
Rowland 463
Samuel 541
William 141, 290
William, Jr 141
Stafford, Amos 47, 301, 386
Amos, Jr 496
Joseph 227, 436, 449, 506, 572
John 386
Joseph, Jr 565
Samuel 51, 339
Samuel, Jr 204
Stukeley 168, 359, 419, 445
Thomas 38, 288, 309, 36 7
William 168
Stamford _ 23, 54, 92
Stanbrough, Josiah 493
Stanhope, Ralph 571
Stanton, Benjamin 37
Benjamin, Jr 375
Daniel 326
Daniel, Jr 519
618
GENERAL INDEX.
Stanton, Henry 88
Joseph, 188, 204, 242,290,345,385,
468
Joseph, Jr 47, 541
John 112
John, of Westerly 488
John, 3d " 309
Robert 278
Thomas 826
Stamford, Jeremiah 5 70
Stanyan, Temple 285
Steare, William 38
Staples, Thomas 386
Steere, Anthony 555
EHsha 359
Hezekiah 491
Hosea 337, 359
John 337
Richard 467, 543, 572
Thomas 183
Stedman, Thomas 46 7
Stephens, John 37
Thomas 204
Sterry, Robert 5 78
Stevens, Stephens, George 117
John, Jr 3 75
Nathaniel 542
Peter 494
Thomas, Jr 325
Stillman, George 302
George, Jr 505
Joseph 541
Stone, George 435
Jonathan 541
John 38, 289
John, son of Peter 505
John, Jr , 541
William 493
Straight, John 421
John, son of Henry 494
Samuel 479
Thomas 494
Strange, James 216
John - 571
Strangers from abroad, act to pre-
vent their becoming chargea-
ble to the colony 428
act for rating and asssessing 562
Stuart, John ; 435
Stutson, Cornelius 541
Sugar, act levying duty on 454
vote relative to 562
Sullivant, William 263
Sumerall, Henry 448
Sunderlin, William 519
Swan, William 420
Sweet, Benjamin 169, 210
Benjamin, son of Richard 293
Daniel 38
Daniel, Jr 340
David 519
Sweet, George 519
Henry 169
Henry, son of Joseph 494
-James 310, 337, 375
James, Jr 337
James, son of John 519
John 494
John, Jr 141
John, sun of. Jeremiah 541
John, son of Richard 436
Jeremiah, Jr 541
Jeremiah, of North Kingstown.. . .519
Jeremiah, of Glocester 506
Joseph 184, 266
Nathaniel 293
Philip 114
Philip, Jr 504
Richard 169
Richard, Jr 266
Robert 565
Stephen 555
Samuel 293, 494
Thomas 467
Valentine 227
William 403, 436
William, Jr 542
Sweeting, Henry 326, 441
Talcot, Joseph ." 354, 367
Tallman, Benjamin 337
Jeremiah 539
Stephen 337, 572
Tallmitter, Jonathan 554
Tanners and curriers, act relating to. . .7
Tanner, Nathan 467
Palmer, 3d 541
William 338
William, Jr 494
Tarbox, John, Jr 555
Taylor, Alexander 447
George 511
John 88
John, Jr 540
Peter 309
Robert 114, 216, 265
Tartar, sloop, its operations 5 77
Taxes levied.f See rates.
Tender consciences, act for relieving,
438, 517
Tew, George 386
Elisha 555
Edward 359
Henry, 5, 33, 67, 89, 114,142,226,
345
lieutenant governor 172
Henry, Jr 467
James 466
Paul 518
Richard 38, 385
Richard, Jr 467
Thomas 447
Tewell, Samuel 168
GENERAL INDEX.
G19
Thatcher, Samuel 4
Tbaxter, Samuel 252
Theft, act relating 287
Thomas, George, Jr 519
Peleg 519
John 505
Thompson, Elias 494
Isaac. . .39, 204, 246, 290, 292, 319, 349
Joshua 519
Peter 19
Thorn, William 571
Thorton, John 290
Josiah 290
Thornton, Amos 417
Benjamin, Jr 325
David , 4G7
Elisha 4G6
James, Jr 33 7
Jeremiah 33 7
John 2, 449, 468
Josiah 263
Joseph 325
Richard 309, 480, 543
Richai d, Jr 539
Stephen 325
Thomas 325
Titus 337
Thorp, Alexander 52 7
Thurston, Benjamin 309, 483
Edward, 17, 6 7, 71, 85, 89, 114, 142
169, 292, 360
Edward, Jr 340
Edward, son of Samuel 293
James 309
John 168
Jonathan 309
Latham 466
Peter 3 75
Samuel 309
Tift, Daniel 542
James 542
Joseph, Jr 447
Joseph, son of John 488
Peter 466
Samuel 488
Samuel, Jr 340
Tillinghast, Benjamin. 386
Charles 114, 290, 543
Elisha 539
James 479
Jonathan 386,457
Joseph 420
John 457, 505
Philip, 19, 28, 37, 47, 67, 147,199,
324, 494, bi)5
Philip, Jr 457
Pardon 19, 37, 39, IS, 288, 337
Pardon, Jr 565
Samuel 493
William 518
Tibbetts, George, Jr 386
Tibbetts, Henry 492
John and Thomas 88, 310
William 496
Tiffany, Benjamin 541
Tisdall, Henry 570, 584
Torrey, Joseph 551
Tosh, Ackers 68
Town councils to take bonds from
administrators 538
act for regulating 488
may receive or reject inhabitants, 539
Town meetings, vote relative to 425
Townsend, Christopher 420
Job 420
Nathan, Jr 420
Treat, Mr 230
Trebby, Treby, John 435
Peter, Jr 438
Tredwen, John 3?5
Tripp, Abial 337,390
Job , 375,495, 543
Edward 518
Joseph 545
Othniel 227
Lott 18
Peleg 168
Richard 266
Stephen 554
Tucker, Benjamin 571
John 38
Morris 541
Nathaniel 492
Silas 506
Tudor, Thomas 168
Turgee, Peter 494
Turner, Charles 92
Joshua 466,488
Pain 505
William 44 7
Turtolotte, Abraham 309
Turpin, William 141, 308, 324
Tvler, Tiler, Ebenezer 554
"John 481
William 555
Underwood, Daniel 493
George 555
Israel 494
John 183, 216, 288, 542
Philip 447
Updike, Daniel, 250, 311, 325, 327, 349,
360, 387, 584, 590
to revise public laws 408
James 250
Richard 141
Uttter, William 204
William 519
Valet, Jonathan 4 79
Jeremiah 520
Vanhorn, Abraham 586, 587
Cornelius 586
Vars, Theodaty 188
620
GENERAL INDEX.
Vars, Christopher, Jr 467
Vaughan, David, of N Kingstown, 386
David, of East Greenwich 541
David, of Smithfield 519
Daniel, son of John 386
George, of North Kingstown 494
George, of East Green wichf 514
Isaac 436
James 209
John 18,147,436
John, Jr 359
Robert 184
Susanna 186
Veatch, colonel 73, 82
Vendue masters, act establishing .... 264
Venner, Thomas, Jr 493
Vernon, Daniel 541
Samuel 168, 421, 447, 468, 521
Samuel, Jr 4 78
Thomas 571
Vessels built in the colony, list of. . . .60
Very, Samuel 492
Vexatious suits, acts discouraging, 239,
365, 528
Vincent, Thomas 309
William 420
Vorse, Jonathan 554
Wade, Jonathan 520
Nathan 520
Nathaniel 54 2
Wager, Sir Charles 515
Wair, John ■ 325
Wait, Thomas 467, 565
Walker, Charles 299
John 168
Nathan 420
William 565
Wall, John 289
James, Jr 289
AValling, Cornelius 467
Daniel 467
William 337,467
Walroud, Thomas 246
Walton, John 474, 488
Wanton, Benjamin 420
George 183, 551
Gideon 227, 481, 543, 573
James 554
Joseph 402
John, deputy, 3, 47, 87, 147, 204, 184,
204, 217, 228, 267
other references to, 29, 56, 70, 82, 310
320, 327, 525
deputy governor . .447, 449, 468, 481
Heathcote's charges against 260
Governor 496, 507, 521, 543, 572
decease of 576
William, 33, 39, 70, 74, 122, 342, 363
assistant and deputy, 3, 18, 23, 28, 47,
68, 113, 147, 183, 246, 247, 265,
292, 308, 322, 360, 447.
Wanton, William, Jr., Governor . . .216
Ward, George 439
John 4, 35
Joseph 33 7
Richard, 88, 164, 167, 295, 297, 311,
360, 369
attorney general 142
recorder 169, 261, 267, 387,469
to revise the militia law 211
to revise and print the public laws,
408,417,463
chosen Governor 576
Thomas 4 79, 584, 590
Warkenan, John 420
Samuel, Jr 266
Warner, Ezekiel, 168, 479, 434, 495,
521, 543, 572
John, Jr 227
John 359,385, 419
Samuel 448
William 494, 554, 581
Warwick, third military company in,
409
Watches in time of war, act to establish,
257, 592
Water fences, how be made 418
Waterhouse, Timothy 570
Waterman, Amaziah 551
Benoni 375
Benjamin, Jr 326, 386
Charles 479
Job 541
John, 3, 37, 47, 113, 213, 288,301,
326, 345, 463, 4G6
John, Jr 340
John, of Newport 493
Joseph 290
Nathan 435
Nathaniel, Jr 290, 539
Neriah 493
Resolved 183, 337, 375, 572
Richard 19, 148, 242,421, 468
Richard, Jr 325
William 337
Zuriel 290
Zuriel, Jr 326
Watson, John 345
John, Jr., 141, 227, 292, 319, 339,
467
Jeoffry 494
Samuel 141, 557
Weaver, Benjamin 168
Benjamin, Jr.
540
Clement 168
Clement, Jr 554
John 168,403
John King 290
Joseph 213, 288
Jonathan 386
Thomas Olney 290
Thomas . .87, 183, 292, 301, 308, 324
GENERAL INDEX.
621
Weaver, Thomas, Jr 147
Thomas, son of John 505
Thomas, son of Benjamin 554
William, Jr 494
Webb, Samuel 541, 581
Webster, James 555
Weeacheconet 522
Weeden, Caleb 325
Daniel 216,480
Francis 518
James 447
Job 168
John 17, 21, 88, 290
John, Jr 68, 494
Jonathan 147
Joseph, Jr 466
Jeremiah, Jr 147
Jeremiah, 3d 479
Joseph 38
Philip 168
Philip, Jr 168
Samuel 325
William 167
William, Jr 38, 168
William, son of Joseph 541
Weeks, Wickes, Benjamin 541
John, 80, 147, 183, 205, 217, 312, 327,
360,447,481, 521
John, son of Thomas 541
Robert 448
Thomas 38
William 541
Weight, John 494, 505
Joseph, Jr 554
Sylvanus 481
Weights and measures, vote relative to,
137
act establishing 418
Welling, Willing, James 252
Thomas 491
Wells, Benjamin 310
John 541
Jonathan 494
John, of New Jersey 586
Peter 505, 541
Peter, Jr 141
Thomas 326
Welsh, Thomas 541
West, John 436
Francis 541
West Indies, soldiers enlisted for.. . .5 73
Westcoat, Westcote, Benjamin . . . .289
Benjamin, Jr 493
Jabez 466
Jeremiah, Jr 340
Nicholas 435
Robert 246, 265
Stukeley 289
Stukely, son of Benjamin 519
Thomas 266
William 290
Westcoat, Westcote, William, Jr 435
Zerobabel 340
Westerly militia 26
land reserved for church in. .397, 501
project for making a basin at, 491, 510
act for dividing town of. 545
Westgate, George 204
Josiah, Jr 290
Robert 310
Westmoreland, Earl 308
Wetherhead, Joseph 38
Weybosset bridge, votes relative to, 181,
404, 525
destroved by a flood 229
Whaley, Sam 505
Wharton, William 63, 76
Whidden, Samuel 540
Whipple, Benjamin 290
Daniel 386
Eleazer, Jr 337
Israel 555
James 141
Jeremiah 38
Job, son of Job 337
Jonathan, Jr 290
John 309
John, Jr 3S
Joseph, deputy, 3, 47, 87, 167,212,
215, 246, 267, 308, 324, 419, 468
Joseph, Jr 145
Noah 290
Thomas 21, 290
William 141, 289
White, Daniel 359
William 571
Whitakair, Samuel 266
Whitehorne, John 466
Whitfield, Charles 266, 312, 518
Whitford, Ezekiel 360
John 467
Joseph 46 7
Paris 141
Pasco 386
Robert 403,436
Whiting, Timothy 402
William 398, 414
Wells, John, Jr 310
Whitaker, Daniel 555
Whitman, George 204
Henry 492
John 290, 326, 543
Noah 555
William 141
Wiatt, David 168
Nathaniel 510
Wickham, Samuel 493
Thomas 504
George 310, 345
William 554
Wight, Jabez 496
Samuel 496
622
GENERAL INDEX.
Wightman, George 310, 345
James 481
John 310, 349, 495
Henry 402
Samuel 4G7
Valentine 2G1
Wilbore, Wilbur, Daniel 420, 491
George .' 571
Peleg 309
Stephen 554
Wilcocks, Jeremiah 37
Joseph 314
Wilcox, Daniel 554
Edward 32G, 519
George 494
John 399
Jeffery 310
Robert, son of Thomas 310
Stephen, son of Thomas 310
Stephen, son of Daniel 488
Stephen, of Westerly 32G
Thomas 479, 481
Wilkinson, David 435
Joseph 38, 449
Josiah 435
Ishmael 481
John 541
Samuel 3, 28, 212, 252, 435
William 80, 128, 223
Willard, Josiah 257
Willett, colonel 4G4
Francis, 204, 322, 332, 345, 468,
521, 553
Thomas 22 7
Williams, Daniel, Jr 519
James 290
James, Jr 386, 555
Williams, Jeremiah 435
John 435
Joseph 18, 28
Joseph, son of James 493
Joseph, son of Thomas 325
Providence 326
Peleg, Jr 571
Hosier 326
Silas 541
Willliams, Stephen 493
Thomas 386
Thomas, Jr 33 7
vs. Richard Greene 41
Wilson, Benjamin 2GG
Jeremiah 309
John 2G6, 467
Jonathan 420
Richard 420
Willing, Thomas 491
Wing, John 420
Winsor, Samuel 505
Winpenny, Robert 398
Winslow, Edward 262
John 571
Winthrop, Waite G.
Wiorikheague 271
Wilter, Joseph 537
Wolcott, Roger 470
Wood, John, Jr., 555
Peleg 88
Peleg, Jr 555
William 558
Woodman, Edward 169
Woodmansie, Joseph 519
Woods, act to pi event the firing of, .318
Wood, Daniel 4G7
Wolves, destruction of 574, 591
Woonsocket Falls, bridge at . .514, 552
Worden, Edward 467
James 467
Daniel 467
Jeremiah 505
Thomas 278
Wright, Benjamin 290, 38G
Benjamin, Jr 325
Henry 359
Joseph 310
Samuel, Jr 338
Wriizhtington, Robert 325
Wyllys, flezekiah 276
Ta'tes, John 518
Young, Archibald 571
James 38
John 481
William 481
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