MM ^'li uM: 'ii \[ ',\% hy\C^^iL X-^U^i i^'^o\o^^y) RECOED S COLONY OF EIIODE ISLAND PROVIDENCE PLANTATIONS, NEW ENGLAND. PRINTED BY ORDER OF THE LEGISLATURE. TKANSCRIBED AND EDITED BT JOHN RUSSELL BARTLETT, SECRETARY OF STATE. VOL. I. 1636 TO 1663 PROVIDENCE, R. I. A. CRAWFORD GREENE AND BROTHER, STATE PRINTERS. 1856. l)av- INTRODUCTION The General Assembly of the State of Rhode Island, at its May session, A. D. 1855^ passed a resolution authorising the Secretary of State to transcribe, and cause to be printed, its Colonial Re- cords ; in accordance with which resolution this volume has been printed. The present State of Rhode Island had its origin in four towns, viz. : Providence, Portsmouth, Newport and Warwick. Provi- dence colony was first planted by Roger Williams in the year 1636, Portsmouth by other colonists in 1638, Newport in 1629 ; but of the precise year when the first settlement was made in Warwick, the records of that town furnish no evidence. It was, however, during the same period. In the year 1643, the first three towns were united under a Charter from Charles the First, A^ obtained by Roger Williams, under the title of the " Incorporation of Providence Plantations in the Narragansett Bay in New Eng- land." It was not, however, until the year 1647, that the gov- T^ ernment was organized under this Charter, at an assembly of dele- ^ gates or commissioners from the four towns named, which met at Portsmouth in May, of that year. Warwick whose name was not ^^^nbluded in the Charter, was admitted at this time, with the same t privileges as Providence. IV, INTRODUCTION. It is proper here to state, in what the Colonial Records of the State consist, and from which the present volume has been com- piled. The earliest book of records in the archives of the State begins with the settlement of Portsmouth on the Island of Rhode Island, in the year 1638. The first portion often or twelve years is con- tinuous ; the latter quite detached, and extends to the year 1696. This volume contains the transactions on Aquidneck or Rhode Island, embracing the history of the first settlements at Portsmouth and Newport. From 1638 to the present time, the records are complete in various volumes of the colony proceedings. In this volume are also copies of the deeds of lands from the Indians as originally recorded, as well as conveyances from the early settlers to each other ; also early lists of the freemen in the Colony. The narrative or journal of proceedings has been printed at length as far as it goes in this volume, as well as the lists of freemen, and the deeds of land from the Indians ; but all other land evidences have been omitted. The records of Portsmouth commenced in this manuscript vol- ume, were continued in the records of the town. From the original volume the records of Portsmouth were made complete down to the organization of the Colonial government in 1647. A second and very large folio volume of Records commences in 1646, and continues to the year 1669. This embraces the official journals of the "General Assembly," the "General Court," or the " Court of Commissioners," as that legislative body is at dif- ferent times called. These records are in a tolerable state of pre- servation. There are however, some mutilations, chiefly near the INTRODUCTION. V. edges of the leaves, from constant use for two hundred years. This volume also contams the "Proceedings of the Governor and Council ;" the records of the " Court of Trials;" some Indian deeds, and other early land evidences. A third volume contains the proceedings of the General Assem- bly from the year 1669 to 1686. From the year 1686 to 1715, the original journals or " sched- ules " (as they are usually called), in the archives of the State were quite imperfect. Those of some sessions were wanting en- tirely, while others were so defaced as to be scarcely legible. To make them complete, a resolution vs^as passed by the General As- sembly in the year 1827, directing a committeCj appointed for the purpose, consisting of Henry Bowen (then Secretary of State), and Christopher E. Robbins, to collect the manuscript schedules of the General Assembly of the period referred to, preserved by the dif- ferent towns, and make a copy of the same for the State. This was accordingly done, and a clear and well written volume of five hundred and forty-four pages, folio, in the handwriting of Henry Bowen, Esquire, embracing the "acts and resolves" from 1686 to 1715 now exists among the archives. From the latter period the journals are complete and in excellent condition, in manu- script or in print, to the present time. In addition to the journals of legislative proceedings, there are among the old records of the State the following, viz. : four vol- umes of land evidences ; an early digest of public laws, entitled, " Bodye of Lawes of the Colonye of Rhode Island from 1663 to 1705 i" and a volume entitled " The Book of Records, containing the acts and orders by the Governor and Council, both generall VI. INTRODUCTION. and particular since the 1st May, 1667." The records and docu- ments of the Revolutionary period are complete and in good condition. The printed "acts and resolves" of the General Assembly in the archives of the State commence in 1758, from which period they are complete to the present time. In view of the dilapidated condition of the early journals of the proceedings of the General Assembly and other transactions of the first colonists, and the frequent use of the same, which would tend to their entire obliteration, a committee was appointed by the General Assembly at its October session, 1822, consisting of Christopher EUery Bobbins and Henry Bull, Esquires, to examine these records and report the best method of collecting and pre- serving them. In conformity with their recommendation, Mr. Charles Gyles, of Newport, was employed to transcribe these re- cords, which labor he accomplished under the direction of the com- mittee in a most satisfactory manner. In order to make this copy as complete as possible, the copies of the proceedings of the Colo- ny, preserved in the clerks' offices of different towns were used to fill up any chasms, mutilations or imperfections that might be found to exist in the State's copy. This transcript was carefully collated by the committee having the work in charge, with the originals, and their certificate of its correctness appended. The same volume contains a transcript from the records of the Supreme Judi- cial Court of the county of Newport, of proceedings of the commis- soners under the government of Sir Edmund Andros, in the years 1667 and 1668, which are properly a portion of the Colonial records. The records of the city of Providence previous to the organiza- INTRODUCTION. VII. tion of the government in 1647, are very meagre. It is supposed they were kept in greater detail and were destroyed in the year 1676, when the town was burned by the Indians, as those that remain bear the traces of fire and water. To make up for the want of a reguhir journal of events, such documents as would elu- cidate the history of the period have been used. These are the Indian deeds connected with Providence, with a variety of other documents of a historical nature, or connected with the purchase of the Indian lands, their transfer from Roger Williams to his as- sociates, the first allotments of lands to the early settlers, &c., &c. In selecting the materials for this volume, the Indian deeds of each of the four towns, and the town records to the year 1647, have been used. From that period, the official journals of the proceedings of the General Assembly have been followed to the close of the volume. It is proper to state that many letters and documents of a pub- lic character not found in the archives of the State have been dis- covered elsewhere and inserted in their proper places. In the official records, there are frequent references to documents and letters, written and received, which were not recorded, and which are found on the files. This hiatus has fortunately been filled by a reference to the files of the General Court of Massachusetts, and to the records of that Colony ; also to copies of letters and papers in the possession of the Rhode Island Historical Society. Some papers of a public nature connected with our colonial history have also been found in Hazard's State papers (2 vols. 4to., Philadel- phia, 1792), and in Hutchinson's History of Massachusetts Bay. The editor is also indebted to John Carter Brown, Esquire, of Providence, for the use of a large and valuable collection of man- VIII. INTRODUCTION. uscripts relating to New England in general and Rhode Island in particular. These papers, which fill ten folio volumes, were copied by the order, and at the expense of Mr. Brown, from the State Pa- per Office, in London. Among the papers used from this collection, are the letters of John Clarke, while acting as agent for the Colony in London, to King Charles the Second, connected with the Char- ter of 1GG3. The papers selected from the volumes referred to, are letters written by the government of Rhode Island to that of Massachu- setts and Plymouth, as well as letters from those colonies. Other documents, having a direct bearing upon matters before the As- ' sembly have been added in the way of notes. A large number of letters and documents both public and pri- vate, exist in old printed volumes ; in the manuscript collections, referred to, and among the files of New York, Massachusetts and Plymouth colonies, which would tend to illustrate the history of this State ; but they are too voluminous to include in these print- ed records. Among these are the papers relating to the Gortonian controversy ; the dispute growing out of the jurisdiction claimed by Connecticut, Massachusetts and Plymouth ; the Indian wars, &c. These are quite sufficient for one or more volumes, and it is to be hoped, that on the completion of the printing of the Col- onial records, one or more volumes of these valuable papers may be collected and printed as illustrations to these records. In transcribing these records for publication, the original or- thography has been closely followed. To those not familiar with the quaint language and peculiar spelling of the period to which these records refer, it would, doubtless, have been more agreeable INTRODUCTION. IX. if the work had been modernized ; a system which would have destroyed its interest historically. Modern spelling would not have been in character with the style used two hundred years ago ; and with the same propriety, the quaint language of that period should be put in the language of our day. It was therefore thought advisable to adhere to the originals in these respects. Where the original had been obliterated, words, and in a few cases, short sentences have been supplied to preserve the connecion ; these have been enclosed in brackets. The abbreviations, except y^ for the, and y' for that, have not been followed, as many re- quired characters expressly cast for them ; besides, these ab- breviations were not the universal custom of the time, but were often employed by writers at the end of a line, or to save space. The records being in the handwriting of different Secretaries, some of which were evidently not familiar with the pen, and not well versed in the rules of grammar and punctuation, it has been found necessary, in a few instances, to make slight corrections, in order to preserve the sense. In the use of capital letters, no sys- tem was followed by the writers ; and as these did not alter the sense, it was deemed best to conform to the modern use of them. In proper names there is the greatest diversity in spelling ; and great as it is, it has been followed in printing, for it was not for the editor to say how a family name should be spelt. After un- dergoing various changes, these names settled down into the form in which they now appear. In the index to this volume, the va- rious names intended for the same individual, are placed together and referred to as the same ; as Howlden, ITouldon and Holden ; Jefferyes, Jeoffries and Jeffries ; Almie and Almy ; Esson and Easton ; Timberleggs and Timberlake ; Wildbore, Wilbore, Wil- X. INTRODUCTION. bour and Wilbur, &c., &c. The difference in the spelling of these names by different persons, was doubtless from their depending upon the ear. Notes and connecting paragraphs have, in a few instances, been added, which are enclosed in brackets. These might have been extended with advantage to readers unfamiliar with the annals of the State ; but it was thought best for the reader to rely, as far as possible on the records themselves, without the addition of extra- neous matter. These are but the materials for history, and to the diligent historian, whose duty it is to weave in all he can gather from other sources, must the public look for a more particular and better digested history. The reader should bear in mind, where reference is made to the 1st, 2d, 3d 4th liionth, &c., that the Old Style, or Julian method of computing time was in use at the time these records were made, when the year commenced on the 25th of March, which was consequently the first month, and February the twelfth. Great pains have been taken in preparing the Index appended to this volume, a labor which few will appreciate unless they have attempted a similar task. This seemed necessary, as in a volume like the records, it was impossible to prefix any table of contents or other references to the matter contained in it. It is a work, too, where many will seek for genalogies or family history. To render it useful in this respect, every proper name mentioned, is alluded to in the Index, however frequent its occurrence. RECORDS OF THE SETTLEIMENTS AT PROVIDENCE, PORTSMOUTH, NEWPORT AND WMWICK, FROM THEIE COMMENCEMENT TO THEIR UNION UNDER THE COLONY CHARTER. 1636 TO 1647. PROVIDENCE RECORDS. ROGER WILLIAMS AND HIS ASSOCIATES 1636 TO 1647. 1636. [The earliest records of tlie colonists who accompanied Eoger Williams to Providence in the jear 163G, exist only in a few detached fragments in the ofiQce of the Town Clerk of the city of Providence. It is even doubtful whether any complete record of the proceedings of his party was kept ; yet, it is evident, from the brief records that do exist, some of which refer to events not recorded, that there were some other records or memoranda no longer to be found. Whatever they were, they are supposed to have been destroyed in the year 1676, when the town was sacked and burned by the Indians. These memoranda form the first records in this volume. They are followed by the original deed of sale from the Indians to Eoger Williams ; the trans- fers by hira to his companions, with documents written by him some years af- ter, confirmatory of the same ; the compact of the first settlers in the year 1640, and a few other documents connected with the history of Providence. These present all the materials in the archives of the State relating to the settlement by Roger Williams and his associates at Providence down to the year 1647, when the four towns of Providence, Portsmouth, Newport and Warwick were united. From that period the records form an unbroken his- tory to the present time. The Gorton controversy which began in the year 1641 is not a matter ofrecord, and being exclusively of a documentary char- acter, as well as quite voluminous is not included in this volume.] 16 die m Month [June, 1636.]* M'd. It was agreed by the Towne, that after warning given to come to the Towne meeting, that whosover be * In the original, the year is not given, but as it is known, that Eoger Wil- liams with his five companions were here before July 26, 1636, when he wrote a letter to Governor Vane, the inference is, that he came a few months ear- lier, and that this record was made in June, then the fourth month. In connexion with this subject it seems proper to make the following state- ment of facts which will tend to fix the time when Eoger Williams and his associates established themselves in the place which they called Providence, on which subject there has been some diversity of opinion. TOWN OF PROVIDENCE. 13 wanting to the meeting above one quarter of an houre 1636. after the time appointed by him that gave the warning, ^-*'^'^*-' shall pay the Towne for every such default one shilling and sixpence, M'd. It was agreed by the Towne, that a Treasurer should be appointed for the receiving, and as the Towne shall appoint, for the expending the Towne's stock. In the Records of Massacliusctts, September, 3, 1G35 (vol. i. p. ICO), is the following, which fixes the period of his banishment. " Whereas Mr. Roger "Williams, one of the elders of the church of Salem, hath broached and djvulged dyvers newe and dangerous opinions, against the aucthoritie of magistrates, as also writ letters of defamacion, both of the ma- gistrates and churches here, and that before any conviction, and yet maine- taineth the same without retraccion, it is therefore ordered, that the said Mr. Williams shall departe out of this jurisdiccion within six weekes nowe next ensueinge, which if he neglect to perforrae, it shall be lawful! for the Governor and two of the magistrates to send him to some place out of this jurisdiccion, not to retm-n any more without licence from the Court." On the 11th January following, according to Wiuthrop (vol. i. p. 175), the General Court of Massachusetts resolved to send Roger Williams to England, but the messengers sent to Salem to apprehend him and carry him on board the ship, found that he had taken his departure three days before their arri- val. In his own account of his journeys after leaving Salem, he describes it as being in the winter, and in his letter to Major Mason dated at Providence, July 22, 1670 (see Massachusetts Hist. Coll. vol. i.), he says : " I first pitched and began to build and plant at Seekouk, now Rehoboth, but I received a letter from my ancient friend, Mr. Winslow, then Governor of Plymouth, professing his own and others' love and respect to me, yet lov- ingly advising me, since I was fallen into the edge of their bounds, and they were loth to displease the Bay, to remove to the other side of the water, and then, he said, I had the country free before me, and might be as free as them- selves, and we should be loving neighbors together." Governor Winslow entered upon his official duties in March, 1635-G. This was the only year he held office between 1633 and 1644. The iufercnce from these facts is, that Roger Williams left Salem in January, 1636, and that af- ter being, as he says, " sorely tossed, for fourteen weeks, in a bitter winter season," between Plymouth and Seekonk, fixed his habitation at the latter place in the spring, probably in April. Soon after, the warning from Gov- ernor Winslow induced him to leave, when, with his five associates, he em- barked in a canoe, and after exchanging salntations with the Indians at Slate Rock in Seekonk river, they sailed around Fox Point and up Providence river where they landed in the month of May or early in June.* The first record bears date the 16th of the 4th month [June, 0. S.] His letter to Governor- Vane written from Providence, bears date of the 26th of July, 1636. * staples' Annals of Providence, p. 21. 14 RHODE ISLAND COLONY RECORDS. 1636. V-*— ^ Md. 13 die Month G [August, 1636.] It was agreed by the Towne, that if any man be to be removed as an inhabitant into the Towne ; if his necessity be such as that without much loss, he who is to be admit- ted cannot stay for an answer till the month day ; that then or any other day, there be foure days warning given to the inhabitants incorporated, for their meeting together for such a purpose. August the 20//i.* We whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and passive obedience to all such orders or agree- ments as shall be made for public good of the body in an orderly way, by the major consent of the present inhab- itants, masters of families — incorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things. Richard Scott, Edward Cope, William Reynolds, •-[- Thomas Angell, + by his mark. by his mark, Chad Browne, Thomas Harris, + John Warner, by his mark, John Feild, + Francis Weekes, + by his mark, by his mark, George Rickard, Benedict Arnold, Joshua Winsor, William Wickendon. * This entry apjiears in the first book of records without date. When these records were copied, the transcriber added to his copy, the date of Au- gust 20, 1637, from the inside of the cover of the same book, which is in a different hand-writing, and probably refers to some other matter. It is sup- posed that these names constituted a second party of comers ; yet among them are the names of Thomas Angell and Francis AVickes, who came with Roger "Williams. Tradition says they were then minors, which was the reason why their names are not in the original deed of conveyance.; — Staples'' An., p. 39. TOWN OF PROVIDENCE. 15 1636. Md. That oji the o die of the 10th month. '^^--.-.^ It was agreed by the Towne, that after warning given to come to the Towne meeting, whosoever be wanting from the Towne meeting above one quarter of an houre after the time appointed by him that gives warning ; the party delinquent, as not having a sufficient cause of his absence shall pay to the Towne for every such default one shilling and sixpence ; as also, he who keeps the books for that month, is to observe, and take notice who is wanting, and present his name to the Towne. Agreement and orders the second year of the ptantation. It is agreed that William Carpenter, Benedict Arnold,, ffrancis Weekes, Willia. Reynolds, Thomas Angell, Mrs. Daniel,* Mary Sweet, should pay, in consideration of ground at present granted unto them two shillings and sixpence apiece, also Edward Cope five shillings and sixpence. Item. Mr. Cole, ffrancis Weston, Richard Waterman, should pay for each person one shilling and sixpence, i. e. for damage in case they do not improve their ground at present granted to them, viz.: by preparing to fence, to plant, to build, etc. Item. That all future comers upon the grant of the like portion of ground unto them for their home, each should pay one shilling and sixpence. 28 die Mense 12th, {February, 1637-38.] It was agreed that two men should be deputed to view the timber on the common, and that such as have occasion xilicc Daniell, afterwards the wife of John Greene. 16 RHODE ISLAND COLONY RECORDS. 1637. to use timber, should repair unto them for their advice ^-*~"^*^ and counsel to fell timber fit for their use between the shares granted and mile end cove. Item. That from the sea or river in the west end of the Towaie, into the swamp in the east side of the fields, that no person shall fell any wood or timber before any particular man's shares end. Item. That any timber felled by any person lying on the ground above one yeare after the felling, shall be at the Towne's disposing, beginning at the 23d die of the month above written. The 21 die of the M Month [May, 1637.] It was agreed that Joshua Yerin upon the breach of a covenant for restraining of the libertie of conscience, shall be withheld from the libertie of voting till he shall declare the contrarie.* * This act of the town, disfrauchisiog one of its citizens " for restraining of the libertie of conscience," is so important, that its history, as given by Gov- ernor Winthrop, deserves a place here. After speaking of the heresy of a Mrs. Oliver, who had given the ministers and magistrates of Massachusetts much trouble, he says : " At Providence, also, the devil was not idle. For, whereas, at their first coming thither, Mr. AVilliams and the rest did make an order, that no man should be molested for his conscience, now men's wifes and children, and ser- vants claiming libertie hereby to go to all religious meetings, though never so often, or though private, upon the week days ; and because one Veriu refused to let his wife go to Mr. "Williams so oft as she was called for, they required to have him censured. But there stood up one Arnold, a witty man of their own company, and withstood it, telling them that, when he consented to that order, he never intended it should extend to the breach of the ordinance of God, such as the subjection of wives to their husbands, etc., and gave divers solid reasons against it. Then one Greene (who hath married the wife of one Beg- gerly, whose husband is living, and no divorce, etc., but only it was said, that he had lived in adultery, and had confessed it) he replied, that, if they should restrain their wives, etc., all the women in the country would cry out of them, etc. Arnold answered him thus : Did you pretend to leave the Massachusetts, because you would not offend God to please men, and would you now break an ordinance and commandment of God to please women ? Some were of opin- ion that if Yerin would not suffer his wife to have her libertie, the church should dispose her to some other man, who would use her better. Arnold told them TOWN OP PROVIDENCE. 17 1637. The imii ofith Month [June, 1637.] > M'd. The severall portions of grass and meadowwhich oure neighbour Greene, our neighbour Cole, neighbour Arnokl, and Mr. Weston laid out in the Towne's name un- to oure neigbour James, neighbour Olney, neighbour Wa- terman, neighbour Cole, neighbour Weston, neighbour Carpenter, neighbour Holyman were confirmed as their proper right and inheritance to them and theirs, as fully as the former portions appropriated to our neighbour Throckmorton, neighbour Greene, neighbour Harris, Joshua Verin, neighbour Arnold and neighbour Williams were, or are confirmed to them or theirs. June 10 that it was not the woman's desire to go so oft from home, but only Mr. Williams's and others. In conclusion, when they woxild have censured Verin, Arnold told them, that it was against their own order, for Yerin did that he did out of conscience ; and their order was, that no man should be censured for his conscience." Verin left Providence and removed to Salem ; but it will appear from the following letter received from him, which was laid before the town at their quarter meeting, April 27th, 1651, that he then claimed an ownership in the land as one of the six original settlers of Providence. Gentlemen and Countrymen of the Town of Providence : This is to certify to you, that I look upon my purchase of the town of Pro- vidence to be ray lawful right. In my travel, I have enquired, and do find it is recoverable according to law ; for my coming av/ay could not disinherit ine. Some of yon cannot but recollect, that we six which came first should have the first convenience, as it was put in practice by our house-lots, and second by the meadow in Wanasquatucket river, and then those that were ad- mitted by us into the purchase to have the next which were about ; but it is ■contrary to law, reason and equity, for to dispose of my part without my con- sent. Therefore deal not worse with me than with the Indians, for we made conscience of purchasing it of them and hazarded our lives. Therefore we need not, nor any one of us ought, to be denied of our purchase. So hoping you will take it into serious consideration, and to give me reasonable satisfac- tion, I rest, Yours, in the way of right and equity, JOSHUA VERIN. The following is the answer directed to be returned by the Clerk. Sir : The town of Providence having received, read and considered yours, dated the 21st of November, 1650, have ordered me to signify unto you, that If you shall come into court, and prove your right, they will do you justice. Per me, GRE. DEXTER, Town Clerk. 18 1637. RHODE ISLAND COLONY RECORDS. ' Deed from Cannaunicus and Miantonomi to Roger Williams [March, 1637.] At Nanhiggansick, the 24th of the first month, com- monly called March, in y° second yeare of our plantation or planting at Mooshausick or Providence. Memorandum, that we Cannaunicus and Miantunomi, the two chief sachems of Nanhiggansick, having two yeares since sold vnto Roger Williams, y"" lands and meadowes vpon the two fresh rivers, called Mooshausick and Wanas- qutucket, doe now by these presents, establish and con- firme y" bounds of those lands, from j° river and fields at Pautuckqut, y"* great hill of Notquonckanet, on y*" north- west, and the town of Maushapogue on y'' west. As also, in consideration of the many kindnesses and services he hath continually done for us, both with our friends at Massachusetts, as also at Quinickicutt and Apaum or Plymouth, we doe freely give unto him all that land from those rivers reaching to Pawtuxet river ; as also the grass and meadov/es upon y° said Pawtuxet river. In witness whereof we have hereunto set our hands. Y*^ mark of ^^. CANNONNICUS. j^i :r"" Y'^ mark of I MIANTUNNOMI. In y'' presence of The mark of + Sotaash. The mark of + Assotemeweit. 1639. Memorandum 3 mo. 9th day. This was all again confirmed by Miantounomi ; he acknowledged this his act and hand, up the streams of Pautuckqut and Paw- tuxet without limits, we might have for use of cattle. Witness hereof, ROGER WILLIAMS, BENEDICT ARNOLD. TOWN OF FROVIDENGE. 1^' 1638. Me7norandum or "■ Initial Deed " fro7n Roger Williams of -.^^^--^i^- the lands purchased of Canonicus and Miantonnomi. Memorandum, That I, R. W. having fonnerly pur- chased of Canonicus and Miantonomi, this our situation or plantation of New Providence, viz. the two fresh rivers Wonas. and Moosh. and the grounds and meadows there- upon, in consideration of £30 received from the inhabit- ants of said place, do freely and fully, pass, grant and make over equal right and power of enjoying and dispos- ing the same grounds and lands unto my loving friends and neighbours S W. W A. T J. R C. J G. J T. W H. W C. T 0. F W. R W. and E H. and such others as the major part of us shall admit into the same fellowship of vote with us. As also, I do freely make and pass over equal right and power of enjoying and disposing the said land and ground reaching from the aforesaid rivers unto the great river Pawtuxet, with the grass and meadow thereupon, which was so lately given and granted by the two aforesaid sachems to me. Witness my hand, R. W. Second Memorandum from Roger William, sof his purchase from Canonicus omd Miantonnomi, October 8th, 1638. " Providence 8 of 8th month, 1638, so called. Memorandum, that I Roger Williams having formerly purchased of Conanicus and Miantonomi, this our situa- tion or Plantation of New Providence, viz.: the two fresh rivers Wonasquatucket and Moosehasick and the grounds and meadows thereupon, in consideration of thirty pounds, received from the inliabitants of the said place, do freely and fully pass grant and make over equal right and power of enjoying and disposing the same ground and lands unto 20 RHODE ISLAND COLOM RECORDS. 1638. my loving friends and neighbors, Stukely Westcotfc, Wil- "-*''^''"'*-' liam Arnold, Thomas James, Robert Cole^ John Greene^ John Throckmorton, William Harris, William Carpenter, Thomas Olney, Francis Weston, Richard Waterman, Eze- kiel Holyman and snch others as the major part of us shall admit unto the same fellowship with of vote us. As also I do freely make and pass over equal right and power of en- joying and disposing the lands and grounds reaching from the aforesaid rivers unto the great river Pawtuxet and the grass and meadows thereupon, v/liich was so lately grant- ed by the aforesaid Sachems to me. Witness my hand, Providence 22, 10 mo. 1666, so caUed. ROGER WILLIAMS. This paper and writing given by me about twenty- eight years since, and differs not a tittle, only so is dated as near as we could guess about the time, and the names of the men written in the straight of time and haste are here explained by me. ROGER WILLIAMS. In presence of us, John Browne, John Sayles, Thomas HxVrrls, Assistant.'' Agreement between Roger Williams and his associutes for a division of lands. 1638. " An agreement made between the several inhabitants of the town of Providence, the 8th of the 8 month 1638. It is agreed, this day abovesaid, that all the meadow ground at Pawtuxet, bounding upon the fresh river upon both sides, is to be impropriated unto these thirteen per- sons, being now incorporate into our town of Providence, viz.: Ezekiel Holyman, Francis Weston, Richard Water- man, Thomas Olney, Robert Coles, William Carpenter, TOWN OF PROVIDENCE. 21 William Harris, John Throckmorton, Roger Williams, 1G38. John Greene, Thomas James, William Arnold, Stukely ^^*^^'"*--' Westcott, and to be equally divided among them, and every man to pay an equal proportion to raise up the sum of twenty pounds for the same, and if it shall come to pass, that some or any of these thirteen persons abovesaid do not pay or give satisfaction for his or their equal pro- portion of the abovesaid sum of twenty pounds, by this day eight weeks, which will be the seventeenth day of the tenth month next ensuing, that they or he, shall leave their or his proportion of meadow ground unto the rest of those thirteen persons, to be at their disposing who shall - make up the whole sum of twenty pounds, which is to be paid unto Roger Williams. Memorandum. On the third day of the tenth month, 1638, so called, according to former agreement, I received of the neighbors abovesaid the full sum of £18. 11. 3 per me,* ROGER WILLIAMS. [The only copy on record of the "Initial deed" is without date. On the sixth of December, 1661, a com- mittee appointed at a previous meeting to wait on Mr. Williams and procure a deed of the first purchase, made a report, and subsequently another was appointed to procure Mrs. Williams' separate title deed. The following is sup- posed to have been given in consequence.] * The date of this agreement as stated iu the copy from which the foregO' ing is copied is the same with that of the " Initial deed " of Mr. Williams ; but it is evident that there is a mistake in the date or in the body of the in- strument. Eight weeks from the 8th of October would be the third of De cembeVj and not the seventeenth, the date of the memorandum. 22 RHODE ISLAND COLONY KECORDS. 1638. -.— V--W/ Confirmatorn Deed of Roger Williams and his wife, of lands transferred by him to his associates in the year 1638. Be it known unto all men by these presents, that I, Roger Williams, of the Towne of Providence, in the Nar- ragansett Bay, in New England, having in the yeare one thousand six hundred and thirty-foure, and in the yeare one thousand six hundred and thirty-five, had severall treaties with Conanicusse and Miantonome, the chief sa- chems of the Narragansetts, and in the end purchased of them the lands and meadows upon the two Afresh rivers called Mooshassick and Wanasquatucket ; the two said sa- chems having by a deed under their hands two yeares af- ter the sale thereof established and conffirmed the boundes of these landes from the river and ffields of Pawtuckqut and the great hill of Neotaconconitt on the northwest, and the towne of Mashapauge on the west, notwithstand- ing I had the frequent promise of Miantenomy my kind friend, that it should not be land that I should want about these bounds mentioned, provided that I satisfied the In- dians there inhabiting, I having made covenantes of peaceable neighborhood with all the sachems and natives round about us. And having in a sense of God's merci- full providence unto me in my distresse, called the place Providence, I desired it might be for a shelter for per- sons distressed of conscience ; I then, considering the con- dition of divers of my distressed countrymen, I commu- nicated my said purchase unto my lo^dng ffriends John Throckmorton, William Arnold, William Harris, Stukely Westcott, John Greene, senior, Thomas Olney, senior, Richard Waterman and others who then desired to take shelter here with me, and in succession unto so many oth- ers as we should receive into the fellowship and societye enjoying and disposing of the said purchase ; and besides the ffirst that were admitted, our towne records declare TOWN OF PROVIDENCE. 23 that afterwards wee received Chad Brown, William ffeild, 1638. Thomas Harris, sen'r, William Wickenden, Robert Wil- ^-*^-^ liams, Gregory Dexter and others, as our towne booke declares. And whereas, by God's mercifuU assistance, I was the procurer of the purchase, not by monies nor payment, the natives being so shy and jealous, that monies could not doe it ; but by that language, acquaintance, and favour with the natives and other advantages which it pleased God to give me, and also bore the charges and venture of all the gratuetyes which I gave to the great sachems, and other sachems and natives round and about us, and lay ingaged for a loving and peaceable neigh- bourhood with them all to my great charge and travell. It was, therefore, thought by some loveing ffriends, that I should receive some loving consideration and gratui- tye ; and it was agreed between us, that every person that should be admitted into the ffellowship of injoying landes and disposing of the purchase, should pay thirty e shillinges into the public stock; and ffirst about thirtye poundes should be paid unto myselfe by thirty shillings a a person, as they were admitted. This sum I received in love to my ffriends ; and with respect to a towne and place of succor for the distressed as aforesaid, I doe ac- knowledge the said sum and payment as ffull satisfifaction. And whereas in the year one thousand six hundred and thirtye seaven, so called, I delivered the deed subscribed by the two aforesaid chiefe sachems, so much thereof as concerneth the aforementioned landes ffrom myselfe and my heirs unto the whole number of the purchasers, wdth all my poweres right and title therein, reserving only unto myselfe one single share equall unto any of the rest of that number, I now againe in a more fformal way, un- der my hand and seal, conflQrm my flformer resignation of that deed of the landes aforesaid, and bind myselfe, my heirs, my executors, my administrators and assignes never to molest any of the said persons already received or hereafter to be received into the societye of purchas- 24 RHODE ISLAND COLONY RECORDS. 1638. ers as aforesaid, but they, tlieire heires, executors, ad- '-*'"^'""*-' ministrators and assignes, shall at all times quietly and peaceably injoy the premises and every part thereof ; and I do Ifurthere, by these presentes, binde myselfe, my heirs, my executors, my administrators and assignes, never to lay claime nor cause any claime to be laid, to any of the landes aforementioned, or unto any part or parcell thereof, more than unto mine owne single share, by virtue or pretence of any former bargaine, sale or mort- gage whatsoever, or joyntures, thirdes or intails made by me the said Roger Williams, or of any other person either, for, by, through or under me.* In wittnesse there- of, I have hereunto sett my hand and scale this twentyeth * The lands traiirifcrrecl b}- Koger Williams to his associates were subse- quently divided into what are called '• home lots " and " six acre lots."' lu the clerk's ofSce of the city of Providence is " A revised list (saving correc- tions with addition) of lands and meadows as they were originally lotted from the beginning of the plantation of Providence in the Xarragausett Bay in New England unto the (then) inhabitants of the said plantation anno 16 — ." The first in order are the " home lots," beginning at the " Mile-end Cove " at the south end of the town between Fox Point and WIckendcn street. This book gives a list of fifty-fom' persons who received their lots with their loca- tion. It is here given to preserve the names. Robert Williams, Christopher Unthank, William Hawkins, Robert West, Hugh Bewit, John Lippit, Matthew Weston, Edward Hart, Thomas Hopkins, Widow Sayer, Widow Tiler, Nicholas Power, William Wickenden, W^illiam Man, William Burrows, Adam Goodwin, Thomas Harris, Joshua Winsor, John Field, William Field, Richard Scott, George Rickard, John Warner, Chad Brown, Daniel Al^bott, William Reynolds, Stukely Westcott, Ezekiel Holymau, Richard AA^atcrman, Francis Weston, Thomas Angell. Thomas Olney, Robert Cole, William Carpenter, John Sweet. Alice Daniels, William Harris, John Throckmorton, Roger Williams, Joshua Verin, Widow Reeve, John Smith, John Greene, Sen. 'I'homas James. AVilliam Arnold, Francis AVickes, Benedict Arnold, John Greene, Jun. Edward Manton, Tliomas Painter, ]Matthew AA''aller, Gregory Dexter. V TOWN OF PROVIDENCE. 25 day of December in the present year one thousand six 1638. hundred and sixty one. v^— -v— •. ROGER WILLIAMS. [L.S.] Signed, sealed and delivered, in presence of us, Thomas Smith, Joseph Carpenter. I, Mary Williams, wife unto Roger Williams, doe as- sent unto the premises. Wittness iny hand this twen- ty eth day of December, in the present year one thousand six hundred and sixty one. The marke of M. W. MARY WILLIAMS. Acknowledged and subscribed before me, WILLIAM FFEILD, Generall Assistant." Deposition of Roger Williams relative to this jmrchase from the Indians. Narragansett, 18 June, 1682, Ut. Vul. I testify as in the presence of the all making and all seeing God, that about fifty years since, I coming into this Narragansett country, I found a great contest be- tween three sachems, two (to wit, Cononicus and Mianto- nomy) were against Ousamaquin on Plymouth side, I was forced to travel between them three,, to pacify, to satisfy all their, and their dependents' spirits of my honest inten- tions to live peaceably by them. I testify that it was the general and constant declaration that Cannonicus his father he had three sons, whereof Cannonicus was the heire, and his youngest brother's son Miantonomy (because of his youth) was his Marshal and Executioner, and did nothing without his unkle Cannonicus' consent. And therefore I declare to posterity that were it not for the favor that God gave me with Cannonicus, none of these parts, no, not Rhode-Island had been purchased or obtained, for I never '26 RHODE ISLAND COLONY RECORDS. 1638. got any thing out of Cannoniciis but by gift. I also pro- -^"^"'"'^ fe^s that boing imxuisitive of what root the title or denomi- nation Nahiganset should come, I heard that Nahiganset Avas so named from a little Island between Puttisquomscut and Musquomacnk on the sea and fresh water side. I went on purpose to see it, and about the place called Sugar-Loaf Hill, I saw it, and was within a pole of it, but could not learn why it was called Nahiganset. I had learnt that the Massachusetts was so called from the Blue Hills, a little Island thereabout : and Cannonicus' father and anchestors living in those southern parts, transferred and brought their autliority and name into those northern parts all along by the sea side, as appears by the great destruction of wood all along near the sea side : and I de- sire posterity to see the gracious hand of the Most High, (in whose hands is all hearts,) that when the hearts of my countrymen and friends and bretheren failed me, his infi- nite wisdom and merits stirred up the barbarous heart of Cannonicus to love me as his son to his last gasp, by which means I had not only Miantonomy and all the Co- wesit sachems my friends, but Ousamarj^uin also, who, be- cause of my great friendship with him at Plymouth and the authority of Cannonicus, consented freely (being also well gratified by me) to the Governor Winthrop's and my enjoyment of Prudence, yea of Providence itself, and all the other lands I procured of Cannonicus which were upon the point, and in effect whatsoever I desired of him. And I never denyed him nor Miantonomy whatever they desired of me as to goods or gifts, or use of my boats or pinnace and the travels of my own person day and night, which though men know not, nor care to know, yet the all-seing eye hath seen it and his all-powerful hand hath lielped me. Blessed be his holy name to eternity. K. WILLIAMS. September 28, 1704, I then being present at the house of Mr. Nathaniel Coddington, there, being presented with TOWN OF PROVIDENCE. 2 this written paper which I attest upon oath to be my fo- 1636. ther's own hand writing. >.-*-v-^ JOSEPH WILLIAMS, Assistant. February 11, 1705. True copy of the original placed to record and examined by me. WESTON CLARKE, Recorder. Report of Arbitrators at Providence, containing proposals for a form of Government. Providence the 27th of the 5th mo. in the yeare (so called) 1640. Wee, Robert Coles, Chad Browne, William Harris, and John Warner, being freely chosen by the consent of our louing freinds and neighbours the Inhabitants of this Towne of Providence, having many differences amongst us, they being freely willing and also bound themselves to stand to our Arbitration in all differences amongst us to rest contented in our determination, being so betrusted we have seriously and carefully indeavoured to weigh and consider all those differences,, being desirous to bringe to vnity and peace, although our abilities are farr short in the due- examination of such weighty things, yet so farre as we conceive in laying all things together we have gone the fliirest and the equallest way to produce our peace. I. Agreed, We have with one consent agreed that in the parting tliose particler proprieties which some of our friends and neighbours have in Patuxit, from the general Common of our towne of Providence, to run vppon a 3 O RHODE ISLAND COLONY RECORDS. 1637. streight line from a fresh spring being in the Gulley, at '^^^^'^^^ at the head of that cove running by that point of land called Sax.afras vnto the towne of Mashipawog, to an oake tree standing neerevnto the corne field, being at this time the neerest corne field vnto Patuxit, the oake tree having four marks with an axe, till some other land marke be set for a certaine bound. Also, we agree that if any meadow ground lyeing and joineing to that ]Meadow, that borders uppon the River of Patuxit come within the aforesaid line, which will not come within a streight line from long Cove to the marked tree, then for that meadow to belong to Pawtuxit, and so beyond the towne of Mashipawog from the oake tree between the two fresh Rivers Pawtuxit and Wanasquatucket of an even Distance. 2. Agreed. We have with one consent agreed that for the disposeing, of those lands that shall be disposed belong- ing to this towne of Providence to be in the whole In- habitants by the choise of five men for generall disposeall, to be betrusted with disposeall of lands and also of the townes Stocke, and all Generall things and not to receive in any six dayes as townesmen, but first to give the Inhab- itants notice to consider if any have just cause to shew against the receiving of him as you can apprehend, and to receive none but such as subscribe to this our determi- nation. Also, we agree that if any of our neighbours doe apprehend himselfe wronged by these or any of these 5 disposers, that at the Generall towne meeting he may have a try all. Alsoe wee agree for the towne to choose beside the oth- er five men one or more to keepe Record of all things be- longing to the towne and lying in Common. Wee agree, as formerly hath bin the liberties of the town, so still, to hould forth liberty of Conscience. III. Agreed, that after many Considerations and Con- sultations of our owne State and alsoe of States abroad in way of government, we apprehend, no way so suitable to TOWN OF PROVIDENCE. 29 our Condition as government by way of arbitration. But 1637. if men agree themselves by arbitration, no State we know ^-^"■^'■"^^ of disallows that, neither doe we : But if men refuse that which is but common humanity betweene man and man, then to compel such vnreasonable persons to a reasonable way, we agree that the 5 disposers shall have power to compell him either to choose two men himselfe, or if he refuse, for them to choose two men to arbitrate his cause, and if these foure men chosen by every partie do end the cause, then to see theire determination performed and the faultive to pay the Arbitrators for theire time spent in it : But if those foure men doe not end it, then for the 5 disposers to choose three men to put an end to it, and for the certainty hereof, wee agree the major part of the 5 disposers to choose the 3 men, and the major part of the 3 men to end the cause haueing power from the 5 dispos- ers by a note under theire hand to performe it, and the faultive not agreeing in the first to pay the charge of the last, and for the Arbitrators to follow no imployment till the cause be ended without consent of the whole that have to doe with the cause. Instance. In the first Arbitration the offender may offer reasonable terms of peace, and the oifended may exact upon him and refuse and trouble men beyond reasonable satisfaction ; so for the last arbitrators to judge where the fault was, in not agreeing in the first, to pay the charge of the last. IV. Agreed, that if any -person damnify any man, either in goods or good name, and the person offended fol- low not the cause vppon the offender, that if any person o;iue notice to the 5 Disposers, they shall call the party delinquent to answer by Arbitration. Instance. Thus, if any person abuse an other in person or goods, may be for peace sake, a man will at present put it vp, and it may so be resolue to revenge : therefore, for the peace of the state, the disposers are to look to it in the first place. 30 IHODE ISLAND COLONY RECORDS. 1637, V. Agreed, for all the whole Inhabitants to combine -*^-^*-^ ourselves to assist any man in the pursuit of any party de- linquent, with all our best endeavours to attack him : but if any man raise a hubbub, and there be no just cause, then for the party that raised the hubbub to satisfy men for their time lost in it. VI. Agreed, that if any man have a diiference with any of the 5 Disposers which cannot be deferred till gen- eral meeting of the towne, then he may have the Clerk call the towne together at his [discretion] for a tryall. Instance. It may be, a man may be to depart the land, or to a fan parte of the land ; or his estate may lye vppon a speedy tryall or the like case may fall out. VII. Agreed, that the towne, by the five men shall give every man a deed of all his lands lying within the bounds of the Plantation, to hould it by for after ages. VIII. Agreed, that the 5 disposers shall from the date hereof, meete every month-day vppon General things and at the ciuarter-day to yeeld a new choise and give vp theire old Accounts. IX. Agreed, that the Gierke shall call the 5 Disposers together at the month-day, and the generall towne together every quarter, to meete vppon general occasions from the date hereof. X. Agreed, that the Gierke is to receive for every cause that comes to the towne for a tryall 4:d. for making each deed 12d. and to give vp the booke to the towne at the yeercs end, and yeeld to a new choice. XI. Agi-eed, that all acts of disposall on both sides to stand since the difference. XII. Agreed, that every man that hath not paid in his purchase money for his Plantation shall make vp his 10^. to be 305 eqval with the first purchasers : and for all that • are received townsmen hereafter, to pay the like summe of money to the towne stocke. These being those things wee have generally concluded on for our peace, we desireing our loveing friends to re- TOWN OF PROVIDENCE. 31 ceive as our absolute downe as subjects to it. Chad Brown, Robert Cole. William Harris, John Throckmorton, Stukely Westcott, Benedict Arnold, William Carpenter, Eichard Scott, Thomas Harris, Francis -f- Wickes, Thomas -f- Angell, Adam Goodwin, William Burrows Roger Williams, Robert West, Joshua Winsor, Robert Williams, Matthew Waller, Gregory Dexter, John -j- Lippittj determination, laying ourselves 1637. John Warner, John Field, William Arnold, William Field, Edward Cope, Edward 4- Manton, William Man, Nicholas Power, William + Reynolds, Thomas Olney, Richard Waterman, William Wickenden, Edward Hart, Hugh Bewit, Thomas Hopkins, Joan Tyler, Jane + Sears, Christopher Unthank, William -j- Hawkins. Deed from Ousamequin, Williams, Gregory Providence. Chief of Paukanaiuket to Roger Dexter and the inhabitants of Wapewasick, aver against Portsmouth, 9th of 6th month 1646. (so called.) This testifyeth, that I Ousamequin chiefe Sachem of Paukanawket, for and in consideration of full satisfaction in wampum, cloth and other commodities received at pre- sent ; doe give, grant, sell and make over unto Roger 32 RHODE ISLAND COLONY RECORDS. 1637. Williams and Gregory Dexter, inhabitants of Providence, '-''''^■"'*-' together with all those inhabitants of Providence that hath or shall joyne in this purchase, with all my right and interest of all that parcell or tract of land which lies be- tweene Pawtuckqut and Loqusquscit, with all the mead- owes, trees and appurtenances thereof, and after the . . . And I doe hereby bind myself, my heires and succes- sors, to maintaine all and every of their peaceable enjoy- ment of the foresaid lands from any other claime or bar- gaine whatsoever. And I do hereby authorize Saunkus- secit alias Tom of Wauchimoqut to marke trees and set the bounds of the land aforesaid in case that great meadow at or about Loqusqusitt fall not within the bounds aforesaid, yet it shall be for them to enjoye the said medow forever ; that without the bounds of the said tract of land, round about, it shall be lawfull for them to feede and graze their cattell, as allso to cut any medows for their use, though not put up houzes without further agreement That who hath an Indian field within the bounds aforesaid, shall either depart or secure his field from the English cattell. Witness my hand.* *^fterthe terms of purchase had been agreed upon between the Providence conuTiittee and Ousamequin, and the deed drawn, the latter refused to sign it. The testimony of Roger Williams and others of the committee, which follows the unsiirncd deed is on record. TOWN OF PROVIDENCE. 33 1638. Testimony, or Report of Roger Williams, Gregorij Dexter and others in relation to the lands purchased of Ousame- quin, 1646. Wapewasick over against Portsmouth 10. 7. 46 (so called.) We Gregory Dexter, Tho: Olney, Roger and Robert Williams in a word of truth and faythfullness declare that being requested by y" Towne of Providence in oure owne and their behalfe to buy y*" right which Ousamequin pretendeth to a parcell of Land which lies between our bounds at Pawtuckqut and an Indian Plantation northwest from thence called Loquasquscit, and knowing y° our Towne had right to y"' feeding and grazing of cattle up- on ye said parcell of land by our grant of y"" Nanhiggan- set purchase, before such times as they since released him of his subjection, as also y' it was upland from y'' water, and most of it barren and rockie, without medow ; soe making a journey to Ousamequins house, offered him but fifteen fathom of white wampum (it being a time when white wampum only was current ; and which we knew he only would accept). But he desired to have commodities and wampum, and at last we agreed upon ten fathom of white wampum, four coates of English cloth, six of the best English howes and English axes, and tw^elve great knives ; which wampum and commodities he desireing spee- die pay of, we went, all of us over to Portsmouth to pro- cure y^ said wampum and commodities ; he furnishing us with a canew and a native, where some of us performed good service for him in some controversies between the English and him. We brought him y'' wampum which he accepted of, y° coates allso, which he accepted of and received the cloth, choosing out of two parcells, but of twelve knives he choose eight ; out of six howes, he chose- one, we promising to procure y° rest of the howes and 34 RHODE ISLAND COLONY RECORDS. 1636. hatchets and knives to his liking, which he was fully con- '--^'^'-'^ tent. Afterward going to sleepe he begged two coats of us, which we promised to give him ; yet in the morn- ing, some of us refusing to sell him shott, as also our all refusing to give him foure coats more, he took forth our monie and goods againe to us, which we refused, not be- ing willing to countenance such dealing in y^ barbarians ; and having before in their payments and a coate to his councellour which he desired, and some other small gifts unto them layed out, y° valew of about forty fathom of wampum, we were not willing to wrong our country in granting his desire of foure coats, and so unreasonably to raise y" price of such parcells of land in this barbarous wilderness ; and therefore, we declare y' ye said land ac- cording to a faire and righteous bargaine belongs to the Towne of Providence, the Towne paying to Ousamequin, as aforesaid. ROGER WILLIAMS, ROBERT WILLIAMS, GREGORY DEXTER, THO: OLNEY. TOWN OF PROVIDENCE. 35 1638. Deeds of Confirmation made by the Indian Sachems, succes- ^--»-^-w sors of Conanicus and Miantonomi, to the inhabitants of Providence and Pawtuxet, of lands previous]!/ purchased by them. IProvidence, the 3d month, 29th day, 1659. This be known to all that it may concevne, in all ages to come, that I Caujaniquaunto, sachem of the Narragan- setts, ratify and confirme to the men of Providence, and to the men of Pawtnxcette, their landes, and deed, that my brother Meantonomeah made over and disposed to them, namely, all the landes, between Pawtuckette river and Pawtuxcette river, up the streams without limit for their use of cattle ; and I also doe for summer and winter feeding of their cattle and ploughing and all other neces- sary improvements, as for farmes and all manner cf plan- tations whatsover : This lande, I say, above said, I con- firme to the aforesaid men at this present, twenty full miles beginning to measure from a hill, called Fox's hill, upon a straight line, running up into the country between Pawtuckette and Pawtuxcette river. This lande and these appurtenances I hereby confirme to them and their heires and assignes forever, and that my heires and as- signes shall not molest them nor their assignes forever in any of the landes above said ; and that I am always ready to defend their title from the claim of any Indians whatso- ever. In witnesse whereof I hereto set my hande. The marke of T CAUJANIQUANTE. •A^ The witnesses, AwAUSHOWEs, his -^T' marke. Mattackcees, called Newcom, his A\ marke. We also witnesses : Nathaniel AVaterman, Andreav Harris. '36 RHODE ISLAND COLONY RECORDS. 1638. I, Aiaqiiamit, owne this my father his act and deed, -^^^^^^ which is above written, and doe acknowledge, that I have received full satisfaction for all the right and claime which could be laid by me unto any of those landes which my brother hath sold unto the men of Providence and the men of Pawtuxcelte. Witnesse my hande this 28 of April in the year 1660.* \rn\ The marke I of AIAQUAMIT. W The marke of Mattackcees, alias Newcom. Thomas Olney Junior. For Pawtuxcette and Providence, the 6 mo, 13 day, 1659. This be known to all ages upon any just occasion, that wee Cussuckquanth and Nenekealah chief sachems over the Indians in these parts of the country, ratifye and con- firme to the men of Providence and the men of Pawtux- cette, their landes according to their joynt agreements, which our brother Meantonomeah possessed them with, that is, all the landes between Pawtuckette and Pawtuck- cette, between the streams of these rivers, and up these streams without limits, or as far as they shall think fit. These landes and the appurtenances, we confirme to them, in and for good considerations, to them, theire heires and assignes forever. Nevertheless, it shall not be lawfull for the aforesaid men to remove the Indians that are up in the country, except they shall satisfye those Indians, and so cause them to depart wilHngly, neither shall any of those Indians sell any part of their said landes to any man * These deeds were authorized by the Court of Commissioners in May 1G59, in order to satisfy the demands of the Indians. By some they were considered merely as deeds of confirmation, by others as new purchases. Eoger Williams objected to the transactions as is shown Ijy his letter which follows, dated 27th. 8th mo. IGGO. TOWN OF PROVIDENCE. 37 whatsoever, only it shall be lawfiill for those Indians to re- 1638. ceive some recompence for their removing off, if they see '>-^-^'^^-' cause, of the aforesaid Englishmen of Providence or Paw- tuxcette according to their joynt agreement. Also we binde our heires and assignes forever not to molest, the aforesaid men nor their heires nor assignes upon any of the aforesaid landes forever. Witnesse our hands CUSSUCKQUANTH his marke:— > NENEKEALAH his mark ** AwATHOES his marke * Richard SxMith, James Smith. These beare witnesse to all ages to come, to such as are concerned herein. That we, Scuttappe and Quequag- anewet, son to Meakeaw, son to Quanuanone, called by the English Qunnounicus uncle to Meantonomeah, who made a peace with the English in the Massachusetts, for all the Indians in the se parts, in the time of the Pequote war with the English. This our grandfather and cousin, chiefe sachems, granted to Roger Williams, agent for the men of Providence and the men of Pawtuxcette, a tract of lande, reaching from Pawtuckette river to Pawtuxcette river, all the landes between the streams of those rivers, and up those streams v/ithout limits for their use of cattle, did they grant to the men abovesaid, the men of Provi- dence and the men of Pawtuxcette to whom we establish the landes aforesaid up the streams of those rivers, and confirme without limits, or as far as the men abovesaid of Providence and Pawtuxcette shall judge convenient for their use of cattle, as feeding, ploughing, planting all manner of plantations whatsoever ; we say, all the landes, according to the Hmits aforesaid, we establish and con- firme to the men of Providence and the men of Pawtux- ette, according to their joynt agreement, in the most ab- ^8 RHODE ISLAND COLONY RECORDS. 1638. solute tenure of fee simple, to them, tlieir lieires ami as- -""^^^^^ signs forever, and hereby binde ourselves, our hcires and assignes, not to molest or trouble the men abovesaid in the full enjoyment of the land abovesaid. Nevertheless, it shall not be lawfull for the men abovesaid to remove the Indians, that are up in the country from their fields, with- out the Indians' consent and content, nor shall it be law- full for any of those Indians to sell any of the landes abovesaid to any, only it shall be lawfull for them, to take of the men of Providence and the men of Pawtuxcette, according to their joynt agreement, satisfaction for their removing. And we have established to the men above- said the lande and deed granted by our grandfather and cousin, so do we also confirme the grants of confirmation l)y our cousins Cussuckquanth, Caujaniquanutte and Nen- ekealah. The mark of SCUTTAPE,^T Dated this first of December 1659 — Signed and delivered in presence of us Manatahs, o his marke, Indian interpreter, Nantomoroawe, I his marke, Richard Smith, Richard Smith jr. James Smith, William Dyre. The marke of QUEQUAOANEWET. y-r^ TOWN OF PROVIDENCE. Letter from Roger Williams to the Toion of Providence, in relation to the deeds of confirmation from the successors of Conanicus and Miantonomi. Loving friends and Neighbours Divers of yourselves have so cried out ofRol'^iT^w ye contentions of your late meetings that (studying my quietness) I thought fit to present you with these few lines. Two words I pray you to consider. First, as to this plantation of Providence ; then, as to some new planta- tion, if it shall please y" same God of mercies who provid- ed this, to provide another in mercy for us. First, as to this Tow^ne. Although I have been called out of late to declare my understanding as to y"" bounds of Providence and Pawtuxet ; and although divers have land and meadows in possession beyond these bounds, yet I [feel sure] that none of you thinck me so senceless as to put on any barbarian to molest an Englishman, or to de- mand a farthing of any of you. Second. If any doe, (as formerly some have done, and divers have given gratuities as Mr. Field about Nota- quonckanet and others,) I promise that, as I have been assistant to satisfie and pacifie y"* natives round about us, so I hope I shall, still while I live be helpfull to any of you y^ may have occasion to use me. Now as to some new plantation. I desire to propose y' which may quench contention, may accommodate such who w^ant and may also return monies unto such as have of late disbursed. To this purpose I desire y* we be patient and torment not ourselves and y*" native sachems and people, putting them upon mischievous remedies, with y*" great noise of twentie miles new or old purchase. Let us consider if Niswosakit and Wayunckeke and y'" land thereabout, may not afford a new and comfortable plantation, which we may goe through, with all effectuall 40 TOWN OF PRO^HDENCE. 1638. endeavour for true publieke good. To this end, I pray '-*"''"*^ you consider, y' tlie inhabitants of these parts with most of the Cowwesets and Nipinucks liave long since forsaken y Narrigansett Sachems and subjected themselves to y" IVIassachusetts ; and yet, they are free to sell their landes to any whom the Massachusetts shall not protest against. To this end, (observing their often flights, and to stop their running to y'' Massachusetts), I have parlled wath them, and find that about thirtie pounds will cause them to leave those partes, and yeald peaceable possession. I suppose then y"" the towne may doe well to give leave to about t^^cntie of y"" inhabitants (of which I offer to be one, and know others willing,) to laye downe thirtie shil- lings a man towards y*^ purchase. Let every one of this number have libertie to remove himselfe, or to place a child or friend there. Let every person, who shall after- ward be receaved into y*^ purchase lay down thirtie shil- lings as hath been done in Providence, which may be paid (by some order agi'eed on), to such as lately have disbursed monies. Unto y'' effecting of this, I offer, gratis, my time and paines, in hope, y' such as want may have a comfort- able supply amongst us, and others made roome for, who may be glad of a shelter allso. Yours to serve you ROGER WILLIAMS. 27. 8th month 1660, (so called) Answer of the Town of Providence to the foregoing letter of RoQ-er Williams. "b' We received your letter, and it being read in the ears of the Towne, they considered this answer : First. That from these words in our evidence taken by you which are these., "the landes upon Moshassuck and TOWN OF PROVIDENCE. 41 Wanasqnatacket," -svliicli landes, comprehend Masswas- 1G38. cutt, it appears ours already, and when we plant there, -*^'-^*-^ we will agree with the Indians either to remove or fence. Second. When, as you say, the Indians have subject- ed to the Bay, wee say, they w^ere subject to the Narra- gansett sachems when you bought the land which we now have, and yourselfe propose yet to buy. And we know, that if we let goe our true hold already attained, we shall, if not ourselves, yet oure posterity, smart for it ; and we conceave herein, that we doe truely understand what yourself doth not. And if your apprehension take place, as we hope it never will, in these your proposals, we haply may see, what we conceive you desire not ; the ruin of what you have given name to, viz.: poor Providence. As for the natives complaining, we ha:ve not wronged them any further than satisfaction, that we know of, nor shall not. What their wrongs to us are, w^e have hitherto rather smothered, than complained ; yet wx' must tell you, that we shall not be averse to any fair gratuity, either to take them off their fields or otherwise ; always having respect unto the act of the sachems, whom you have formerly so much honored. And herein, if you can accomplish, we shall be ready to assist with further pay, upon our former grounds, otherwise we shall not meddle, and forbid any to doe so. Thus in love, though in briefe return, we rest your neighbours. The Towne of Providence, Per me, THOMAS OLNEY, jr.. Clerk in behalfe of the Town October 29, 1660 To Mr. Roger Williams, these." 42 ROGER ^YILLIAMS AND HIS ASSOCIATES. 1647. Instructions from the Town of Providence to its committee, which, ivith other committees from the towns of Ports- mouth, Newport and Warwick, ivere to meet at Ports- mouth on the ISth of Mai/, 1647, for the purpose of or- ganizing a government. To our loving raid well be trusted friends and neighbors, Gregory Dexter, William Wickenden, Thomas Olney, Robert Williams, Richard Waterman, Roger Y/illiams, WilUam Field, John Green, John Smith, John Lippitt. We, the greater part of the inhabitants of this plan- tation of Providence, having orderly chosen you, at our Towne Meeting this 16th of the 3d mo. 1647, to appear for us, at the Generall Courte, of this colonye, to be held at Portsmouth on Rhode-Island, upon the 18th of this in- stant month, desiring the Lord's Providence for your safe arrivall there ; we all voluntarily assenting, do hereby give you full power and authority as foUoweth : First. To act and vote for us respectively or otherwise, as if we ourselves were in person, for the settling of this Generall courte for the present, and for the composing of it, into any figure for the future, as cause shall require. Secondly. To act and vote for us, as aforesaid, in the choice of all generall officers as need shall require. Thirdly. If the Generall Courte shall consist of but ten men for each towne, then you are to act accordingly for this towne ; and if the Generall Courte shall be re- duced into a fewer number, which for divers considera- tions, may be for the best, then, we give you full power to choose from among yourselves, such a number of our loving neighbors as shall answer the same figure, unto whom, being orderly chosen by you, we do give you power to transfer this our commission, giving of them full power to act and vote for us the inhabitants of this plan- TOWN OF PROVIDENCE, 43 tation, in all generall affairs, and for the settling of the 1C4T. island in peace and union, and for all matters that shall ^-*^-v^««^ concerne this particular towne, desiring a careful respect unto these ensuing instructions. But if the Courte shall consist of ten of each towne, then our desires are that this our commission, with the ensuing instructions, may remain entire in your hands. First. That we may have a true copy of our charter assigned unto us by the General Courte for the use of oure plantation. Secondly. We doe voluntarily, and are free willing, to receive and be governed by the laws of England, together with the way of administration of them, so far as the na- ture and constitution of this place will admit, desiring, so far as may be, to hold a correspondency with the whole colony in that model that hath been lately shown unto us by our worthy friends of the Island, if the Generall Courte shall complete and confirme the same, or any other model as the Generall Courte shall agree upon according to our charter. Thirdly. We desire to have full power and authority, to transact all our home affairs, to try all manner of caus- es or cases, and to execute all manner of executions, en- tirely within ourselves, excepting such cases and execu- tions as the colony shall be pleased to reserve to generall trials and executions. Fourthly. We desire to have full power and authority to choose, ordain, authorize, and confirme, all our partic- ular towne officers, and also, that the said officers, shall be responsible unto our particular towne, and that there may be no intermixture of generall and particular officers, but that all may know their bounds and limits. Fifthly. We desire to have an exact and orderly way open for appeals unto Generall Courtes, that so, if any shall be justly grieved, at any sentence passed, or other- wise, he or they may make their lawfull charge for reliefe there. 4 44 RHODE ISLAND COLONY RECORDS. 1647. Lastly. Whereas, it was hinted in that which our wor- '-*"^'""*^ thy friendes [sent] unto us, that each towne should have a charter of civil incorporation, apart, for the transaction of particular affairs ; if the Courte shall proceed so far as to agitate and order the same, then, we give you full pow- er, on our behalfe, to move and procure any thing beside these instructions, that in your wisdom you may conceive may tend unto the generall peace or union of the colony and our own particular liberties and privileges ; provided you do all, or the most of you unanimously agree therein, and always reserving our equal votes, and equal privileges in the generall. Thus betrusting you with the premises, we commit you unto the protection and direction of the Almighty, wish- ing you a comfortable voyage, a happy success, and a safe return unto us again. Your thankfull friends and neighbors, ROGER WILLIAMS, Moderator. POUTSMOTJTH RECORDS 1637 TO 164:7. Deed from Cannonicus a?id Miantunnomu chief sachems of theNarragansetts, of the purchase of the Island of Ac- quedneck {Rhode Island) to William Coddington and others. March 24, 1636-37. The 24tli of y' 1st month called March, in y° yeare (soe commonly caUed) 1637. Memorandum. That we Cannonnicus and Miantunno- mu y^ two chiefe Sachims of the Nanhiggansitts, by ver- tue of our generall command of this Bay, as allso the perticular subjectinge of the dead Sachims of Acqued- necke and Ititackamuckqutt, themselves and land unto us, have sold unto Mr. Coddington and his friends united unto him, the great Island of Acquednecke lyinge from hence Eastward in this Bay, as aUso the marsh or grasse upon Quinunicutt and the rest of the Islands in the Bay (ex- ceptinge Chibachuwesa formerly sould unto Mr. Win- throp, the now Governour of the Massachusetts and Mr. Williams of Providence) ;* allso the grasse upon the rivers * The Island of Chibachuwese, now known as Prudence, was bought by Roger Williams from the Indians (as stated in the above deed) , who held it as a joint proprietor with Governor Wiuthrop. The following letter from the Massachusetts Hist. Coll. vol. 3, gives the particulars of the transaction. The last of the week, I think the 28th of the 8th. Sir: The bearer, Miantinomo, resolving to go on his visit, I am bold to re- 1637. 46 RHODE ISLA?^D COLONY RECORDS. 1637. and coves about Kitickamuckfiiitt and from these to Pau- ^-'-•-•^pansquatch, for the full payment of forty Mhom of white beads, to be equally divided between us. In witnesse whereof we have here subscribed. Item. That by giveinge by Miantunnomus' ten coates and twenty howes to the present inhabitants, they .shall remove themselves from off the Island before next winter Witnesse our hands. The marke of CAUNONNICUB. In the presence of Qy< Y^ marke of ^J Yotuesh. Roger Williams, The marke of MIANTUNNOMU. A Rand ALL. HoLDEN, Y** marke of /vy Assotemuet, Y° marke of «e Mishammoh, Caunonicus, his son. quest a word of advice from you, coocerninge a proposition made by Caunoni- cus and bimselfe to me some halfe yeare since. Caunnonicus gave an Island in this Bay to Mr. Oldham, by name Chibackuv/esa. uppon condition as it should seem, that he would dwell there ncare unto them. The Lord (in whose hands all our hearts are) turning theare affections towards myselfe, they de- sired me to remove thither and dwell nearer to them. I have answered beca.use of the store of fish, Canonnicus desires that I would accept halfe, (it being spectacle-wise, and between a mile or two in circuit, as I guess) and he would reserve the other ; but I think if I goe over, I shall obtain the whole . Your loveing counscll, how far it may be inoffensive, because it was once (upon TOWN OF PORTSMOUTH. 4 This witnesseth that I, Wanamatraunemit y° at present 1638. sachem, inhabitant of y*" Island, have received five fathom ^-^^-^^^^^ of wampum and doe consent to the contents. Witnesse my hand. Y« marke of WANAMATAUNEWIT. In j"" presence of Randall Holden. Memorandum. That I, Ousamequin freely consent that Mr. William Coddington and his friends united unto him shall make use of any grasse or trees on ye® maine land on Powakasick side, and doe promise loveinge and just carriage of myselfe and all my men to the said Mr. Cod- dington and Englisli his friends united to him, havinge re- ceived of Mr. Coddington five fathom of wampum as gra- tuity from himselfe and the rest. Dated the 6th of the fifth month, 1638. Y° marke of ;^ OUSAMEQUIN. Witnesse, Roger Williams, Randall Halden. A true copy per me, FRANCIS BRINLEY, Recorder. A true copy per me, WILLIAM LYTHERLAND, Recorder. m\QQ and agaiue, that for the present I mind not to remove ; but if I have it from thorn, I would give them satisfaction for it, and build a little house and put in some swine, as understandinge the place to have store of fish and good feedinge for swine. Of late I have heard, that Mr. Gibbons, upon occasion, motioned jour desire and his own of putting some swine on some of these islands, which hath made me more desire to obtain it, because I might thereby not onley benefit mjselfe, but also pleasure yourselfe, whom I more desire to pleasure and honour. I spoke of it now to this sachem, and he tells me, that a condition not kept,) Mr. Oldham's. So, with respective salutes to your kind selfe and Mrs. Winthrop, I rest, Your worship's unfeigned, in all I may. ROGER WILLIAMS. For his much honoured Mr. Governor, these- RHODE ISLAND COLONY RECORDS- Receipts by the Sachems on account of the sale of the Island of Aquedneck {Rhode Island). The 11th day of May, 1639. Received by me Miantunnomu (as a gratuity) of Mr. Coddington and his friends united for my paines and tra- vel! in removeing of the natives off on the Ishmd of Aquednecke, tenn fathom of wampumpeage and one broadcloth coate. A MIANTUNNOMU. A A true copy of the originall entered and recorded. pr. JOHN SANFORD, Recorder. Dated May 14th, 1639. Received of Mr. William Coddington and his friends united to him, in full satisfaction for ground broken up or any other title or claime whatsoever formerly had of the Is land of Aquednecke, the full sum of five fathom of wam- pumpeage and a coate. VvV WESHAGANESETT, his marke. AVitnesses, MiANTONOMU, his marke. Witness Hugh Durdall. Thomas Sabery -f his marke. A true copy of the originall entered and recorded pr. JOHN SANFORD, Recorder. TOWN OF PORTSMOUTH. 49 June 20th, 1639. Received from Mr. William Coddington and of his friends united to him in full satisfaction of ground broken up, or in any other title or claime whatsoever formerlye had of the Island of Aquidnecke, the full sum of five fath- om wampumpeage. WANIMENATONI, 1639. \ his marke. Witnesses William Cowling, Richard S a well. A true copy of the originall entered and recorded. pr. JOHN SANFORD, Recorder. The 22d of November, 1639. Received by me Miantunnomu of Mr. William Cod- dington and his friends united, twentie and three coates and thirteen howes to distribute to the Indians that did inhabit of the Island of Aquidnecke, in full of all prom- ises, debts, and demands for the said Island, and allso two tarkepes. MIANTUNNOMU. A CAUNONNICUS. Witnesse q mompoucke, Wampaminaquitt . A true copy of the originall entered and recorded. pr. JOHN SANFORD, Recorder, RHODE ISLAND COLONY RECORDS. Testimomj of William Coddington relative to the purchase of the Island of Rhode Island from the Indians, April 14, lGo2. Boston in Massachusetts Bay in New England. uinKton',. Whereas there was an agreement of eighteene persons cdffci.uut- {q make purchass of some place to the southward for a plantation, whither they resolved to remove ; for which end, some of them were sent out to view a place for them- selves and such others as they should take in to the liber- tie of freemen and purchasers with them. And upon their view was purchased Rhode Island, with some small neighbouring Islands and privileges of grasse and wood of the Islands in the Bay, and maine adjoyninge. And whereas the sale of the said purchass from the Indians hath ever since layne in the hands of "William Coddington, Esc[., which being a great trouble to the aforesyed pur- chasers and freemen, I, the said William Coddington Esq., doe by this writinge promise to deliver the said deeds of the purchases, together with what records are in my handes belonginge to the said purchasers and freemen into the hands of such as the major part of the purchasers and freemen shall appoint to receive them ; and doe here- by declare, that I the said William Coddington, Esq., have noe more in the purchass of right, than any other of the purchasers or freemen received, or shall be received in by them, but only for my owne proportion. In witnesse hereof, I have putt my hand this 14th April, 1652. WM. CODDINGTON. Signed in the presence of Robert Knight, George Muning. A true copie of the original entered and recorded the .7th of April, 1673. per me, JOHN SANFORD, Recorder. TOWN OF PORTSMOUTH. 51 William Coddington, Esq., aged aboute seventy-six 1638. years, testifyeth upon his engagement, that when he was >--^-'-*--' one of the magistrates of the Massachusetts Colony he Avas one of the persons that made a peace with Caunnon- nicus and Mianantonomy in the Collony's behalfe of all the Narragansett Indians, and by order from the authoritie of the Massachusetts a little before they made war with the Pequod Indians. Not long after this, deponent went from Boston to find a plantation to settle upon, and came to Acquidneck, now called Rhode Island, where was a sa- chem called Wonnumetonomey ; and this deponent w^ent to buy the Island of him, but his answer was that Cau- nonnicuss and Miantonomy w^ere the chiefe sachems, and he could not sell the land ; whereupon this deponent, with some others went from Aquidneck Island into the Narragansett to the said sachems, Caunonicus and Mian- tonmy, and bought the Island of them ; they having, as I understood the chief command, both of the Narragansett and Acquidneck Island ; and further saith not. Taken upon engagement in Newport, on Rhode Island, the 27th day of September, 1677. Before P. Sanford, Assistant. The above is a true copy of the original placed to re- cord. Examined by me, February 11th, 1705. Weston Clarke, Recorder. 52 RHODE ISLAND COLONY RECORDS. 1638. .^..-^/ The 7th day of the first month, 1638. We whose names are underwritten do here solemnly in the presence of Jehovah incorporate ourselves into a Bodie Politick and as he shall help, will submit our per- sons, lives and estates unto our Lord Jesus Christ, the King of Kings and Lord of Lords and to all those perfect and most absolute lawes of his given us in his holy word of truth, to be guided and judged thea^eby. Exod. 24. 8, 4. William Coddington, 2 Cron. 11. 3. John Clarke, 2 Kings. 11. 17. William Hutchinson, Jr., John Coggeshall, William Aspinwall, Samuel Wilbore, John Porter, John Sanford, Edward Hutchinson, Jr., Esq., Thomas Savage, William Dyre, William Freeborne Phillip Shearman, John Walker, Richard Carder, William Baulston, Edward Hutchinson, Sen'r, Henry -|- Bulle, his marke, Randall Holden. The 7th of the first month, 1638. We that are Freemen Incorporate of this Bodie Poli- tick do Elect and Constitute William Coddington, Esquire, a Judge amongst us, and so covenant to yield all due honour unto him according to the lawes of God, and so far as in us lyes to maintaine the honour and privileges of his place which shall hereafter be ratifyed according unto God, the Lord helping us so to do. WILLIAM ASPINWALL, Sec'ry. TOWN OF PORTSMOUTH. 5S I, William Coddiiigton, Esquire, being called and chosen 1638. by the Freemen Incorporate of this Bodie Politick, to be a '-^^■^''"*^- Judge amongst them, do covenant to do justice and Judg- ment impartially according to the lawes of God, and to maintaine the Fundamental! Rights and Privileges of this Bodie Politick, which sliall hereafter be ratifyed according unto God, the Lord helping us so to do. WM. CODDINGTON. William Aspinwall is appointed Secretary. It is agreed that William Dyre shall be Clarke of this Body. 3d Month, 13 day, 1638. At a Generall Meeting upon publicke notice, there being present Mr. Coddington, Judge, Samuel Wilbore, Will. Hutchinson, John Sanford, John Coggeshall, William Freeborne, Edward Hutchinson, Phillip Shearman, William Baulston, John Walker, John Clarke, Randall Houlden, John Porter, It is ordered, that none shall be received as inhabitants or Freemen, to build or plant upon the Island but such as shall be received in by the consent of the Bodye, and do submitt to the Government that is or shall be established, according to the word of God. 2. It is also ordered that the Town shall be builded at the Springe,, and Mr. William Hutchinson is permitted to to have six lots for himself and his children, layed out at the Great Cove. EXP. 3. It is also ordered that a General Fence be made from Bay to Bay, above the head of the Springe with five^^P^^^'^' rayles, the charge to be borne proportionably to every man's allottment. EXP. RHODE ISLAND COLONY RECORDS. 4. It is ordered that every one of this Body shall have for his present use one acre of Medow for a Beast, one acre for a sheep, and one acre and a half for a Horse, to be layd out at the discretion of Mr. Sanford and Mr. Wilbore and John Porter, with what convenient speed may be, up- on notice given of every man's severall Cattle. EXP. 5. It is further ordered, that every Inhabitant of this Island shall be always provided of one muskett, one pound of powder, twenty bulletts and two fademe of match, with Sword and rest and Bandeiiers, all completely furnished. 6. It is ordered that the Meeting House shall be set on the neck of Land that goes over to the Maine of the Island wher Mr, John Coggeshall and Mr. John Sanford shall lay it out. At a Generail Meeting upon publicke notice, 20th of the 3d Month. PRESENT. Mr. Coddington, Judge, William Freeborne, Mr. Will. Hutchinson, John Walker, Mr. John Coggeshall, Phillip Sherman, Mr. Will. Baulston, Wm. Dyre, Cl'k. Mr. John Sanford, Mr. Samuel Wilbore, John Porter, 7. It is ordered that the neck of Land by Mr. Esson's house shall be sufficiently fenced in with jfive rayles at that place where John Sanford, Will. Balston, and Philip Sher- man shall appoint, for to lye as a common field belonging to the Towne and the fence to be begun on the 2d day en- suing. 8. It is ordered and agreed upon that every man's al- lottment recorded in this Book shall be his sufficient evi- dence for him and his, rightly to possess and enjoy. TOWN OF PORTSMOUTH. 55 June 10. 9. It is ordered that Mr. Coggeshall, Mr. Sanford, and 1638. John Porter shall lay out the allottments for the Towno ' and accordmg to orders, these allottments following are layd out hy Mr. Coggeshall and IMr. Sanford. Impr. To Mr. Will. Coddington a House lott of Six acres, eight poles in breadth and 120 poll in length lying- North and South, the breadth East and West along by the side of the great pond. Itt. Mr. Clarke 6 acres lying upon the west side of the same, being of the same bredth and length. Itt. To Wm. Dyre at the cove by the marsh G acres, being 10 pole in bredth and 50 in length and bounded round by the marsh. Itt. To Mr. Wm. Hutchinson 6 acres being 10 rod in bredth, bounded by the Great Cove on the East and 14 at the West and so it runs 80 poles in length westward. Itt. To Mr. Samuel Hutchinson 6 acres adjoining ly- ing as the former on the North Side. Itt. To Mr. Easton 6 acres is granted to lye next the Cove on the North side of the Great Cove. Itt. To Edw\ard Hutchinson, Senior, Idem. Itt. To Edward Hutchinson, Junior, Idem. Itt. To John Sanford, Idem, as it is marked out by Trees. Itt. To Mr. John Coggeshall 6 acres, 20 pole in^^'^"'^^' bredth on the East and 96 feet long. Itt. To Randall Houlden 5 acres large, 9 pole brodd and 96 in length on the North side. Itt, To Richard Burden 5 acres large 9 pole in bredth, 96 long. Itt. To Will. Balston 6 acres on the East side of the Spring 10 pole on the West and 80 in length, and 14 at the East. 10. It is also ordered and agreed upon by Generall consent that Will. Balston shall erect and sett up a howese of entertainment for Strangers, and also to brewBeare and est side ol 56 RHODE ISLAND COLONY RECORDS. 1638. to sell wines of strong waters and such necessary provi- ^"^'^^-•^^ sions as may be usefull in any kind. 11. It is ordered, that Mr. Coggeshall and Mr. Sanford are appointed to lay out 10 acres of plowing Ground for Mr. Coddington, and 6 acres to Mr. Wm. Hutchinson for the same use. At a Gcnerall Meeting upon Publik notice the 27th of the 4th month 1638. PRESENT. Mr. Wm. Coddhigton, Judge,Mr. Wilbore, Mr. Wm. Hutchinson, John Porter, Mr. John Clarke, Randall Houlden, Mr- Coggeshall, Wm. Freeborne, Mr. Balston, John Walker, Mr. Edw'd Hutchinson, Sen., Richard Carder, Edw'd Hutchinson, Jr., Henry Bull, Mr. Sanford, Wm. Dyre, Cl'k. It is ordered by Generall consent, that Wm. Balston and Edward Hutchinson are chosen Sergeants of the Traine Bands, and Samuel Wilbore, Clarke thereof and Randall Houlden and Henry Bull are chosen Corporalls. Whereas ther be divers, as well Inhabitants as Free- men, who have taken up certaine proportions of Land in the Island of Aquethnek ; It is ordered that they shall pay in lieu thereof two shillings for every acre that they doe enjoy and so the like summ to be payed of all such who shall hereafter be admitted as Inhabitants into the Island. And it is further ordered that these monies shall be paid, the one half presently, and the other half at three months end ; and it is further ordered that those who shaU pay in their monies shall bring in a note unto the TOWN OF PORTSMOUTH. 57 Company under the Treasurer's hand, his name and lands 1638. then to be Registred in the Records according to a former ^-''^-''^"*-^ order, folio 1 number 8. 14. Mr. Wm. Hutchinson and Mr. John Coggeshall are chosen Treasurers for the Company for one whole year next ensuing, or untill such time as new be chosen. 15. It is ordered, that all such sumes of money as the Treasurers shall receive, they are to dispose of and employ by the Company's order, and no otherwise ; and to be ac- countable for the same to the Company when they shall require it of them. 16. It is ordered, that Mr. Hutchinson and Mr. Cogges- hall Treasurers of the Company shall receive and dis- charge such sumes of money as the Company hath com- ming unto them, and is indebted by them ; the sight of this order given under the parties hand that receives them shall be their discharge. 17. It is ordered that Mr. Sanford with four others shall presently repair the Highways between Titicutt and Aquethneck, and to be paid out of the Treasury. 18. It is ordered that if any of the Freemen of this Body shall not repair to the publick meetings to treate upon the publicke affairs of the Body, upon publick warn- ing (whether by beate of the Drumm or otherwise) if they fayle one quarter of an houre after the second sound, they shaU forfeitt twelve pence ; or, if they depart without leave, they are to forfeitt the same summ of twelve pence. 58 RHODE ISLAND COLONY RECORDS. 1638. ^^''^^^'^^^ ^Vt a Gcnerall Meeting on the 20th of the 6th mo, 1638, upon publick notice. PRESENT. Mr. Coddington, Judge, PhiUip Shearman, Mr. Wm. Hutchinson, Rich'd Carder, Mr. Clarke, Randall Houlden, Mr. Willbore, Edw. Hutchinson, Mr. Sanford, Will. Dyre, Cl'k. Wm. Freeborne, It is agreed that a pair of Stockes with a whipping post shall forthwith be made and the charges to be paid out of the Treasury. 20. It is ordered that those allottments which are to be layed out for the Towne, are to be layed out eight Rodd broad up along the spring, and six rodd broad along by the water's side, and the length to be left to the fur- ther consideration of the Body, 21. It is agreed this present 20th of the 6th by the Generall consent of the Body present. That Mr. Richard Dummer, Mr. Nicholas Esson, Mr. William Brenton, and Mr. Robert Harding ai'e admitted as Freemen of this So- ciety with them fully to enjoy the priviledges belonging to that Body. TOWN OF PORTSMOUTH. 59 1638. At a Generall Meeting upon Publick Notice this 23d of the 6th month [1638.] PRESENT. Mr. Cocldington, Judge, Mr. Edw'd Hutchinson, Mr. Dummer, Mr. Brenton, Mr. Esson, Mr. Willbore, Mr. Hutchinson, John Porter, Mr. Clarke, Wm. Freeborne, Mr. Harding, Eich'd Carder, Mr. Sanford, Randall Houlden, William Dyre, Cl'k. 22. It is agreed that thirteen lotts on the west side of the Spring shall be granted to Mr. Richard Dummer and his friends, to witt, Mr. Stephen Dummer, Mr. Thomas Dummer, Mr. Esson, Mr. Jefferyes, Mr. Doutch, Wm. Baker, Mr. Spencer, Adam Mott, Robert Field, James Tarr, Mr. Harding, and thess to build ther at the spring at farthest, or else their lotts to be disposed of l3y the Company. 23. It is ordered that a Howse for a prison, contain- ing twelve foot in length and tennfoote in breadth and ten foote studd, shall forthwith be built of sufficient strength and the charges to be payed out of the Treasury. And the oversight of the work being committed to Mr. William Brenton. It is ordered that the remainder of the Grass, which is yet uncut at Hog Island shall be granted to Mr. Bren- ton to mow this yeare for his necessity. E.X.P. 25. It is ordered that Mr. Richard Dummer, in regard of a mill that he undertooke to build, which was conceived to be usefull to the plantation, he should be accomodated answerable to a Man of a hundred and fifty pounds estate aUottments. 26. It is ordered that Mr. Richard Dummer with his • friends, whose names are Recorded in the 22: order shall 5 60 RHODE ISLAND COLONY RECORDS. 1638. eytlier be accomodated with us in the present plantation ^^^--^'^ equall to ourselves, or in case there be not sufficient ac- comodations here, then to accommodate them on some other parte upon the Island. 27. It is ordered according to a former choyce that Randall Iloulden shall be Marshall for one whole yeare. At a Generall Meeting on the 15th of the 7th month, [1638.] PRESENT. Mr. Coddington, Judge, Mr. Sanford, Mr. Esson, Henry Bull, Mr. Hutchinson, John Porter, Mr. Coggeshall, Randall Holden, Mr. Clarke, Will'm Dyre, Cl'k. By virtue of a Warrant, George Willmore, George Par- ker, John Lutner, John Arnold, Samuel Smith, Robert Stanton, Anthony Robinson, John Yahun, being summon- ed to appeare before the Body for a Riott of Drunken- nesse by them committed on the 13th of the 7th month : It was accordingly agreed and ordered in regard the de- fault was different in some circumstances, That George Willmore and George Parker should pay into the Treasury 5 shillings a piece, and to sett till the evening in the Stockes ; and that John Lutner should pay 5 shillings and sett one houre in the Stockes ; and that Samuel Smith, Ro])ert Stanton, Anthony Robinson and John Vahun should pay 5 shillings a piece as a fine for their default. 29. It is further ordered, that Mr. Esson, Mr. Cog- geshall, and Mr. Willbore shall view all such damages that are done upon the Corne and other fruits, and ac- cordingly shall give information to y" Body. TOWN OF POKTSMOTJTH. <31 1638. At a Generall Meeting upon Publicke notice, the 5th ^fthe 9th month, 1638. PRESENT. Mr. Coddington, Judge, Mr. Sanford, Mr. Hutchinson, Mr. Freeborne, Mr. Brenton, Philip Sherman, Mr. Clarke, Henry Bull, Mr. Balston, / 7 John Walker, Mr. Willbore, ' Randall Houlden. Mr. Hutchinson, Wm. Dyre, Cl'k. 30. It is ordered, that on the 12th of this 9th month ther shall be a generall day of Trayning for the Exercise of those who are able to beare amies in the arte of military ■discipline, and all that are of sixteen yeares of age, and upwards to fifty, shall be warned thereunto. 31. It is ordered, that Mr. Sanford and Mr. Jeffries shall lay out the House lotts for the towne, three acres to each house, to thoss that are not yett provided for ; and it was further ordered, that those who were upon the first discovery (and freemen) shall be provided according to Six acres a howse lott as neare to their bowses as conven- iently may be. 32. It is ordered, that Mr. Edward Hutchinson shall Bake Bread for the use of the plantation, and that his bread for the assize shall be ordered by the Body. RHODE ISLAND COLONY RECORDS. 1638. At a General! Meeting upon the Publicke Notice, the 16th of y*^ 9th, [1638.] PRESENT. Mr. Coddington, Judge, Mr. Hutchinson, Mr. Esson, John Porter, Mr. Hutchinson, John Sanford, Mr. Clarke, Will. Freeborne, Mr. Brenton, John Walker, Mr. Coggeshall, Henry Bull, Mr. Balston, Richard Carder, Mr. Willbore, Randall Holden, Wm. Dyre, Cl'k. It is ordered, that John Porter and John Sanford shall treate with Mr. Nicholas Esson, and shall fully agree with him, in allowing of him sufficient accommodations for foure Cowes and planting grownd as they shall think meett, all which is for the setting up of a Water Mill which the said Mr. Esson hath undertaken to build for the necessary use and good of the plantation ; and further it is granted to the said Mr, Esson that he shall have liberty to fall and carry away any such timber as shall be of necessary use for the present building of the Mill. Forasmuch as John Lutner, Carpenter, is departed the Island without leave or licence, and is found to be in- debted to sundry persons ; It is therefore ordered, that Mr. William Brenton and Mr. John Coggeshall shall seize upon his howse and what he hath in the same, and shall satisfie themselves and others of his Creditors, so farr as it shall goe, being by them lawfully prayzed. It is ordered that Mr. Coggeshall and Sargent Hutch- inson, and Mr. Willbore, and Mr. Dyre, are appointed for the Venison trade with the Indyans, and that they are not to gi^e them above three half pence a pound in way of trade, and that those truck masters doe sell forth the said TOWN OF PORTSMOUTH. 63 Venison for two pence a pound ; a farthing for eac\\ pound 1638. being allowed to the Treasury, and the rest be unto them- ^-'^-^^ selves for their attendance thereon. At a Generall Meeting ; of the Body on the 2d of the 11th month, 1638. PRESENT. Mr. Coddington, Judge, John Porter, Mr. Esson, Randall Holden, Mr. John Clarke, Wm. Freeborn, Mr. Coggeshall, Adam Mott, Mr. Brenton, John Walker, ^Ir. Jeremy Clarke, Henry Bull, Mr. Willbore, Rich'd Carder, Philip Sherman, AVm. Dyer, Cl'k. By the consent of the Body. It is agreed. That such who shall bee chosen to the place of Eldership, they are to assist the Judge in the Execution of Justice and Judgment for the regulating and ordering of all offences and offenders : And for the drawing up and determining of all such Rules and Laws as shall be according to God, which may conduce to the Good and Wellfare of the Com- monweale. And to them is committed by the Body the whole care and charge of all the affairs thereof. And that the Judge together with the Elders shall Rule and Gov- €rne according to the Generall Rule of the word of God, when they have no particular rule from God's word by the Body proscribed as a direction unto them in the case. And further it is agreed and consented unto. That the Judge with the Elders shall be accountable unto the Body once every Quarter of the year (when as the Body shall be assembled) of all such cases, actions and Rules which have passed through their hands ; by them to be scanned 64 RHODE ISLAND COLONY RECORDS. 1638. and weighed by the word of Christ. And if by the Body •-^-^^-^' or any of them the Lord shall be pleased to dispense light to the contrary of whatt by the Judge and Elders hath been determined formerly, that then and there it shall be re- pealed as the act of the Body. And if it be otherwise , that then it shall stand till further light concerning it for the present, to be according to God, and the tender care of Indulgent Fathers. Given this 2d of 11th, 1638. WILL'M DYRE, Cl'k, The votes being unseal' d upon this conclusion, and the Providence casting it upon Mr. Esson, Mr. Coggeshall and Mr. Brenton, it was further ratified as followeth, viz. : By the Election of the Body, Mr. Nicholas Esson, Mr. John Coggeshall and Mr. Brenton are chosen and called on unto the place of Eldership to assist the Judge in the Execution of Justice and Judgment for the regulating and ordering of all offences and offenders, and for the drawing up and determining of all such Rules and Laws as shall be according to God, which may conduce to the good and wellfare of the Commonweale, &c., as aforesayd. It is ordered, that Mr. John Clarke, with Mr. Jefferies, and John Porter, and Richard Burden, shall survey all the Lands near abouts, and shall bring in a Mapp or Plott of all the s'd lands, and so to make Report to the Judge and Elders, Avhereby they may receive information and direc- tion for the distribution to each man his Property. It is ordered, that M\\ Jefferics and Will. Dyre shall lay out and measure the home allotments. These particular cases, vizj To deal with Wm. Aspin- wall concerning his defaults, as also concerning Invasions forreinc and domestick, as also the determination of Mili- tary discipline, and the disposing of the lands, as well the howse lotts and impropriations, is committed to the Judge and Elders to agitate and dispose of. TOWN OF PORTSMOUTH. The 24th of the 11th month, [1C38.] The Body being assembled with the Judge and Elders it was agreed (as necessary) for the Commonwealth, that a Constable and Sargeant should be chosen by the Body to execute the Lawes and penalties thereof, viz.: The Con- ^le's^omce*" stable is to see that the peace be kept, and that there be no unlawfuU Meetings, or any thing that may tend to Civill disturbance practised ; and furthermore he is to in- form in Generall of all manifest Breaches of the Law of God, that tend to civill disturbance, and that he hath au- thority to command partie or parties, one or more, as need shall require, to assist him in the discharge of his office. The Sergeant he is to attend all Meetings of the Judge and Elders, and to execute the sentences of y° Court ; and he is to serve all warrants directed unto him ; and to in- form of all breaches of the Lawes of God that tend to JJ^^^^f^^^-^ Civill disturbances : And further he is to keep the prison, *"'°- and such who shall be Committed unto his custody with all safety and diligence. And unto him is granted au- thority to command partie or parties, one or more as need shall be, to assist him in the discharge of their severall offices. Samuel Willbore by the consent of the Body is chosen Constable, and is invested with the authority aforesayed, and what else shall be found meet to concurr with that of- fice of Constableship. Henry Bull is by consent of the Body chosen Sergant, and invested with the authority aforesayd, and what else shall be found meet to concurr with that office of Ser- geantship. It is ordered, that the prison formerly agreed upon shall be proceeded withall, and finished ; and that Mr. Esson 66 RHODE ISLAND COLONY RECORDS. 1638. shall assist Mr. Brenton in the worke, and then that it be -""'"^^sett neare or jojned unto the howse of Henry Bull, Sero'eant. BY THE JUDGE AND ELDERS, ON THE 7th, 12th month, (1G38-9). Richard Maxon, Blacksmith, upon complaints made against him, was accordingly detected for his oppression in the way of his trade, who being convinced thereof, promised amendment and satisfaction. Osamond Doutch, upon complaint and information against him concerning damage and wrong done by him, promised to give satisfaction when his accusers shall be produced, and thereupon bond taken of him with the en- gagement of his Shallop to the performance of the same. Thomas Boeder, John Marshall, Robert Stanton and Osamund Doutch are admitted as Inhabitants. Mr. Aspinwall being a suspected person for sedition against the State, it was thought meet that a stay of the building of his Bote should be made ; whereupon y^ work- man was forbidden to proceed any further. TOWN OF PORTSMOUTH. 67 1C38. On the 21st, 12th [month], 1638. ^----~ It is ordered, that the neck of Land lying in the Great Cove, containing about two acres or thereabouts, one cor- ner whereof butting upon Sergeant Hutchinson's, and lying Northeast and Sonthw^est, joining to the Maine of the Island, is granted to Mr. Samuel Willbore, for him and his rightly to possess and enjoy, and is to go as a part of his second division, which is to be layd out hereafter. It is ordered, that that lott which was reserved for Val- entine Hill is granted to Sergeant Hutchinson as part of his second division, if so be Valentine Hill doth not come to Inhabitt and build thereon. Joseph Clarke, Kobert Carr and John Driggs are ad- mitted Inhabitants. It is ordered, that the Swine that are upon the Island shall be sent away from the plantation six miles up into the Island, or unto some Islands adjacent, by the 10th of the 2d, 1639, or else to be shutt up that so they may be iaoffensLve to the Towne. On the 6th of the 2d [month], 1639. Whereas, ther was an order by the Body that Mr. Es- son, Mr. Coggeshall and Mr. Willbore should take a view of the severall damages done by the Cattle of severaU heards of Cattle ; and accordingly to give information, which being done, we, the Judge and Elders doe further or- der that every one who shall come to make demand thereof, shall have liberty to demand of every such person whose Cattle hath done the harme according to the information given in by them ; and that if such persons shall refuse to pay, that then both parties shall in time convenient repair 68 RHODE ISLAND COLONY RECORDS. 1639. to the Court, and there in a legall way according to God '-«'"~'^"*^ implead each other ; and that if any shall refuse to make their personal appearance, that then warrants shall be granted for the destraining for the due satisfaction of the endamaged. It is ordered that those parcels of Grownd which were planted the last yeare by severall persons ; That they shall have libertie to plant it also this yeare ; and then all parcels of Lands to returne unto the Towne, or to such to whom the Land shall be appropriated unto for any charge concerning it, shall be left unto the arbitration of such who shall be thereunto appointed. It is ordered, that all such Hoggs as shall be found Avithin the Towne after the 10th of the 2d, shall pay two pence for each hogg ; and it shall be lawfull for any man to take them up and retaine them in their Custody till the said Summ be paid ; and that the owners thereof, forth- with upon the deliA^ery, shall convey them away, that they be no more offensive, and the Sargeant shall see that this Law be devvdy executed. It is further ordered, that a place for y*" impounding of Cattle shall be made and sett up in some convenient place of each Towne, and that the Treasurer shall see it accom- plished and satisfie for it within 30 days after the 5tli of May, 1640. It is ordered, that in regard of the many Incursions that the Island is subject unto, and that an Alarum for the se- curing the place is necessary therefor ; it is thought meet for the present that an Alarum be appointed to give notice to all who inhabit the place, that they may forthwith re- pair and gather together to the Howse of the Judge for the defending of the Island or quelling any Insolences that shall be tumultuously raysed within the Plantation. Therefore, the Alarum that we appoynt shall be this. Three Musketts to be discharged distinctly, and a Ilerauld appointed to goe speedily throw the Towne and crye Alar- TOWN OF rORTSMOUTH. um, Alarum ! Upon which, all are to repaire immedi- 1639. ately to the place aforesayecl. 's-.»->^-«fc,- On the 28th of the 2d month, 1639. Upon the complainte of Jeffrey Champlin in the he- halfe of a debt due to William Cowley and himselfe from Mr. Aspinwall, warrant was granted forth, for the attach- ment of his shallopp till both that debt and other actions of the case be satisfied and discharged by him. [The Newpoi't Colony separated at this time, as wil! shortly- appear. Their records commence on this day, the 28th of the 2d month, April, 1(J39, and are complete and continuous after. That colony being the largest, seems to have taken with it, and continued the Portsmouth records, which have been followed up to this time. From this date, for the continuation of the Portsmouth re- cords, we have resorted to the town records, which have been followed to the- period of the union of the four towns in 164*7. The first part of these records are either mutilated or obliterated, and past recovery. The greater portionr however, relate to grants of land and other matters of a local nature. The agreement entered into, is nearly entire and follows, together with som^e othcs' brief records.] 70 RHODE ISLAND COLONY RECORDS. 1639. ^-v^' Aprill the SOth, 1639. We, whose names are under [written doe acknowledge] ourselves the legall subjects of [his INIajestie] King Charles, and in his name [doe hereby binde] ourzelves into a civill body politicke, unto his lawes according to matters of justice. Will'm Hutchinson, w T. Havenz, WH marke, Samuel Gorton, George Chare, ^ Samuel Ilutcliinson, John Wickes, George Lawion, Richarde Maggsen, Anthony Paine, C l^is marke, Thomas Spicer, Jobe Hawkins, H marke, John Roome, R marke, Richard Awarde, John Sloffe, I marke, John Mow, [SJ his marke, Thomas Boeder, Q marke, Nicholas Browm, fsj his marke, Erasmus Bullocke, Will'm Richardson, f marke, Sampson Shotten, John Trippe, Ralph Earle, Thomas Layton, T l^is marke, Robert Potter, Robert Stainton, 3 liis marke, Nathanyell Potter, 11 marke, John Briggs, his f niarke, George Potter, f marke, James Davice, i~l"|, his [marke. ApriU 30th, 1639. According to the true intent of the [foregoing instru- ment, wee] whose names are above particularly [recorded, do agree] joyntly or by the major voice to g[overne our- selves by the] ruler or judge amongst us in all [transac- tions] for the space and tearme of one [yeare, he] behaving himselfe according to the t[enor of the same.] We have freely made choice of to be ruler or judge among us. We have also, for the help and ease [of the conducting of] public business and affairs for [the colonies] for one TOWN OF PORTSMOUTH. 71 yeare, allso chosen unto him William Ballston, William 1639. Freeborne, John Porter, John , John AVall, Philip ^--'^--*^ Sherman, as allso William Aspinwall to lay out lands as they shall be disposed. We have also made choice of ....... . amongst us for this yeare ensuing. It is appoynted that there shall be [a court held every] yeare, every quarter, one for to doe right betwixt man and [man — a] j[ury of twelve men ; as also it is [ordered, that] the eight men chosen unto him [shall hold a] meeting amongst themselves, to consult [together] ; as also to put an end to any contro- verzey, if it amount not to the valine of fortie [shillings]. The Judge, with the rest of the eight men [shall decide it] if brought to y^ publicke Court. At a monthly meeting, y° 1639. Job Hawkins was granted one house lott neare y" west side of the swampe, to build on within one yeare, or be forfeit at y^ yeares end. It is ordered, that y® meddow above — — , be laid out according to each man's apportion. At a monthly meeting held the last Thursday, it is or- dered, that no man shall sell hm lott or offer it to y° boddy here in Portsmouth. It is ordered, that John Poller and Thomas Spicer shall [receive from y'] inhabitants of y^ lastly purchased meddows, theire monies for this yeare, and bring it to y' [Towne]. 72 RHODE ISLAND COLONY RECORDS. 1639. [At monthly meetings held on the last Thursday of the 7th, 8th, 9th, 10th and 11th months, 1639, lots are granted to John Alborah, John Pane, — — Freeborne, John Vane and others, all on condition that they shall build on them within a year, or forfeit them. These records are much defliced and cannot be made out entire.] At a quarter meeting of the first of y"" 5th month, 1639. [It is agreed], that every man that hath a house lott shall build upon the same within one [yeare after, or] he loseth it. Mr. Thomas Spicer and Robert Potter are chosen sur- veyors for y"" highways and ....... come in two, foure, or six dayes at .... . this, and y*" 29 of 7th month next ; and if the next .... . as he cannot come or procure a man, he . . . . day to y" surveyor, and the surveyors to [make report to] y° Court at y® yeares end. It is agreed upon, to call this town Portsmouth. To Richard Hawkins is granted one house lott to build upon in one yeare, or to be forfeited. To Thomas Slaid is granted one house lott upon y^ same tearmes. To Mr. Thomas Waite, one house lott next Mr» Wickes. To Edward Fisher, one house lott next him. TOWN OF PORTSMOUTH. At a Quarter meeting y^ first Tliursday, 1639, Mcliolas Browne dotli dismisse himselfe of tlie government lieare. At a meeting the 10th of y® 12th month, 1639, and further confirmed y® 18th of the same month. It is mutually agreed by the purchasers that those quantities of graine in the places fol- lowing : William Hutchinson, four hundred acres .... . north side of y*" salt crick at Sachueast and bounded on the west, and soe to run northward. John Sanford, two hundred and fortie acres. William Aspinwall, two hundred acres ..... Sandy point of the same side, to pay Philip Shearman, two hundred acres from the towne of y® same side. William Freeborne, one hundred and fortie acres . . at his little meddow, and soe south west. John Walker, one hundred acres, next . William Baulston, two hundred and fortie acres brooke, on y*" north east end of his meddow. John Porter, two hundred and fortie acres. Edward Hutchinson, two hundred acres and if there be no meddow within his land of two acres, he is to have two Porter's meddow. Richard Carder, thirtie acres next. RHODE ISLAND COLONY RECORDS. The 22d of It is granted at a piiblicke meetinge, held at Ports- mouth, that there is libertie [given] for men to get a shipp load of ... . and pipe staves, and clapboard un- der directions of the towne of Portsmouth. That these men which doe proportion [said articles] shall bringe in the commodities unto [the towne], and tliey shall part with .... which the .... for the stuff such pays as men are able to [give in] . or goats, or hogges, or other .... They saye men shall get noe .... at the sayd towne of Portsmouth . . . . to see to gett plankes and Second day of November, 1642. First, It is ordered, that whosoever shall [be possessed] of land whereuppon Thomas Gorton hath [built a] house, shall keepe the ferric. Also, it is ordered, that the ... . necke of land where uppon his .... unto him by the towne. TOWN OF PORTSMOUTH. At a town meeting, the 26tli of Aprill, for y' town of Portsmouth, held at Mr. Marlbourn's. The Deputie Governor, he will lend unto .... one yearling steere. Mr. Potter, hee will lend one yearling. Mr. Baulston, one calfe. Ralph Keerd, one yearling. Adam Mott, one yearling goat. Richard Borden, one yearling goat. Ralph Howland, one yearling. John Briggs, one shote. Thomas Borden, one bushell of wheat. William Freeborn, one bushell of wheat. Mr. Cornell, one goat. It is ordered, and agreed, that the forty [acre] fields are to be made up by the 10th of ... . It is ordered, that the hoggs [be driven] away out of the corne lotts by [the owners] ; and for every hogge that is found in [them] after the 1st of March, to pay . At a meeting, the 4th of the 12th month, 1640. It is ordered, that Mr. Porter, and Mr. , [be au- thorized] to laye out for Mr. Samuel Hutchinson, . in the south east neck on the common . [acres] unto them both. Ruphus Barton to have . . . . Mr. Hutchinson to lye next .... of seven acres on Pocasset side. It is further ordered, that Mr. Samuel Wilbour [have . . . . [acres of land in consideration of six acres, he shall have [given to] Lieutenant Ballston. 6 76 RHODE ISLAND COLONY RECORDS. 1640. It is ordered, that Mr. Balston, Mr. Cornell, and [have] a piece of meddow in the common fence on the south side of ... . they fence it in at their own cost. Itt is further ordered, that oulde Mr. Barton shall have on the Island, a piece of meddow for that and fensing that from the sea. It is further ordered, that Henry Bull shair[have the] north field, and that Goodman Barton shall have . . . . plant where Mr. Porter and Lieuftenant Balston. It is ordered, that Lieuftenant Baulston [shall have] a millwright to build a mill, whose charge [shall be to] the Treasurie. The 25th of February, 1642. At a towne meetinge. William Shelbourne and James Badcock are admitted inhabitants of the town of Portsmouth. At a meeting of the free inhabitants of the Towne of Portsmouth, the 13th of the first month, [March, 1643], at the house of William Cry, voted, that Joseph Sheffield be chosen moderator. John Borden, and Daniel Wilcocke are chosen to the grand inquest at Newport. Thomas Manchester, } Tobias Brown, V are chosen jurymen. Robert Hodgson, J Voted, that this meeting be dissolved. TOWN OF PROVIDENCE. 5th of October, 1643. It is ordered, at a Towne meeting in Portsmouth, that Richard Morise and James Badcocke [shall look] up all the armes in the ToAvne w[ithin] the month above writ ; and that .... and John Briggs shall go to every house and [see] what armes are defective ; and that the men whose armes are [to be handed] in to be 'mended by the time abovesaid. If the armes be not brought in time- ly, to forfeit five shillings. It is further ordered, that every man shall have foure pounds of shot lying by him, and two pounds of powderj, and to have it in readiness by the 24th of this month. It is further ordered, that upon the 24th day of this month, there be a generall trayning of the men ; and that every man be in readiness at the beate of the drum. It is ordered further, that the lot laid out to Robert Bel- low at the first brook, he shall enjoy it ; he using his trade for the benefit of the towne. It is ordered further, that five acres be layed out to John Porter next unto the swampe down to the sea in satisfaction for ten acres of land, which is the land granted to William Woodwell. It is ordered, that ten acres of land be laide out to James Badcocke at the first brooke, next the footpath eastward ; being ten rods next .... for a high- way. It is ordered, that Thomas Fish shall have .... . acres of lande at the first brooke. James Bad- cocke towarde the head of said brook. It is ordered, that there shall be no more lande layd out next the first brook. It is ordered, that James Sands shall have the remain- der of the lande not laide out next the rounde medowe, and the end of ... . provided, there be a hie- way left for John Porter to the sea. 78 RHODE ISLAND COLONY RECORDS. 1643. It is further ordered, that there shall be a Towne watch *-*"^^^' kept every night ; and those that keep it shall be paid out of the Treasurie. [An entire page is here obliterated.] Thomas Cook is received an inhabitant, and has given Ms engagement unto the government. ffrancis Braitten is received an inhabitant, and has given engagement unto the government. Thomas Genings is received an inhabitant, and has given engagement unto the government. Thomas Cook hath propounded for a lott. Ffrancis Braitton hath propounded for a lott. It is ordered, that the lott that was granted unto Good- man Holyman is forfeited unto the Towne by reason there was an order that men should build uppon theire lotts by such a tyme, which hee hath not done ; and therefore the towne does dispose of it, as they see good ; provided, that if there bee any thinge about it that injoyed usefuU, he is to be satisfied for it. It is ordered, that Mr. Baulston and Mr. Wilbour are chosen by the towne to view the fences, [and see how] it shall rune, and that they see it divided rightly. It is ordered, that Mr. Porter is chosen to see the Newport men, that they would be pleased to ... . noe interest nor tytle in that 100 acres of land that they owe unto the Dep't for the Towne if willing to accommo- date him with as much conveniency to his farme as may be. TOWN OF PORTSMOUTH. At a Generall Towne Meetinge at Portsmouth, 1st of March, 1643. [An entire page is here obliterated.] It is further ordered, that whenever there was land granted to Nicholas Browne about the towne ; and other- wise disposed of, it is to him to have twentie ackers at the head of Goodman Mott's lotte, or thereabouts. It is further ordered, that Thomas Gorton have ten ackers of lande granted unto him, on the other side of the brooke, right agaynst James Badcocke, to be layed out at the ser .... of the lottes, in case Goodman Emeres be still unwilling that the sayd Thomas Gorton shall enjoy the twentie ackers, for that was formerlie his ; and if Goodman Emmerge will have the ten ackers, then Thomas Gorton is to have the twentie ackers. It is further ordered, that John Trip have granted three ackers of land joyning unto Thomas Gorton, either syde of him, as should be judged meet by the latter. That is to say, if that ten ackers which is granted unto Thomas Gorton, or to Goodman Emeries .... if they enjoye it. It is further ordered, that those last orders about trayn- ng, and for every man to have so much powder, and so many buUetts, and so the forwarning is to stand still in force ; and also that every man do come armed unto the meeting upon every sixth day. RHODE ISLAND COLOKY RECORDS. The 10th of April!, 1643. It is ordered, and the towne hath chosen, that Mr. William Brenton is to order the dayes of trayning [and] judge [what is] to be the convenient tyme. Mr. William Baulston and Captaine .... [are to go] to every inhabitant [in Portsmouth and] see wheth- er every one of them has pow^der, and what bulletts run, within ten days of the [trayning.] Every one deserting is to forfeit five shillings. Ordered, that the constable work the 15th of this month, and that every man [carry] armes with them unto the meeting the sixth daye. It is further ordered, that if there be any Indians skulking about in any part of the Island, thought to be suspicious, the magistrates are to send forth a man and layde with .... then before them. At a meeting of the 27th of May, 1644. ******* It is further ordered, and the Towne hath granted unto John Briggs three ackers of lande, lying next the upper end of his house lotte. John Sand have three or foure ackers granted unto him, lyinge at y° head of John Briggs lotte, or at y® dis- cretion of the latter. The Towne desire goodman Mott, Lieuf tenant Samfford, and goodman Borden, or any tow of them, to accommo- date Adam Mott at the upper end of his lower lott, and Samuell Willson at y** upper ende of his owne. The Towne have granted unto Edward fl&sher and TOWN OF PORTSMOUTH. 81 Thomas Wright, and Thomas Brookes, and goodman Haw- 1644. kins, an addition of lande at y° upper end of their lotts, v^^-v-*^ what the latter see convenient, and John Roome. The Towne hath granted unto William Hall and Thomas Geninges, that parcell of lande that lyes betweene Mr. Barton's lott, and that which was Ruffus Barlton's to be equally divided between them. It is ordered, that Henry Knowles shall cut his lott shorter at y'' discretion of Lieuftenant Sanfford and good- man Borden and goodman Mott. The towne have granted unto William England and William Havens four ackers a piece, lying next unto Henry Knowles' ; provided, it leave y*" highway and y"" mill. [Agreeable to] publicke notis to all the freemen, at a towne meeting this 29th of August, 1644. It was ordered, that the Deputie Governour, and one of the Assistants shall appoint all the Towne meetings. It is further ordered, that at which meetings that the freemen there assembeld shall have full power to transact all such business as shall be presented to them ; and the same to stand as firmly as if they were all present ; they all having lawfull warning. And whomsoever shall not make his appearance within halfe an houre after the time appointed, shall forfeit two shillings. It is further ordered, that Ousamequin with ten men shall have leave to kill ten deare uppon this Island within the libertie of Portsmouth ; and the forementioned deare they shall bring to the towne to Mr. Brenton and Mr. Baulston, and they to view them ; and neither Ousame- quin nor any of his men shall carry any dee re or skins off from the Island, but at the towne of Portsmouth ; and to depart from off the Island within five dayes. 82 RHODE ISLAND COLONY RECORDS. 1644. It is further ordered, that Mr. Baulston shall have nine '^*''^-'"**-' pound a yeare for John Mott's washing and diett ; and what bedding he shall want, shall be [bought] by the Towne. It is further ordered, that [all the Indians] in the Towne shall depart [forthwith] to live in the woods with [their effects]. [If they appear again] [they shall forfeit At the same Towne meetinge. It is further ordered, that Mr. Brenton, Mr. Baulston, Mr. Cornell, have [a cer- tain] parsell of lande butting upon Mr. Porter's round meadow ; and if the aforenamed three men do approve of it, then James Sand is to have ten acres of land formerly granted to him by the Towne, there to be layd out to him. At a generall Towne meeting of the freemen, this 14th of November, 1644. It is ordered, that Mr. Brenton and Mr. Porter are to appoint the Towne meetings from time to time. It is ordered, that Mr. Baulston is made Treasurer. It is further proposed, that "William Almy, and John Roome, John Anthony are to have lande at the wading TOWN OF PORTSMOUTH. At a publicke Towne meeting of freemen, the 23cl of December, 1644. Whereas, at the manier part of freemen were present, at which meetting it was mutually agreed, that the right and priviledge of the landes undissposed of, remaines in the bodye of freemen as it was mutually agreed upon at a publicke meetting on the 15th of November last past ; that the freemen which are the possessers, have onley power to dispose of the lande that is to be dissposed of ; and who- soever shall alter this agreement, we shall protest against them. It is further ordered by a mutual consent, that no more landes shall be layed out within the boundes of the com- mons ; as namely, the commons soe called ; and from John Brigg to the further brooke on the southeast side ; so from the brooke to the great swamp ; that is to say, the willow swamp footpath ; so to Robert Ballow's brooke ; from thence to round meadow, and so to John Tripp's ; and from Robert Ballow's to John Hall's ; and all the common about the Towne undisposed of at this day, so to remaine to the Towne forever. It is ordered, that the armes belonging to the body of freemen, shall remaine in the hands of Mr. Boylston and Mr. Wilbour, untill further orders. RHODE ISLAND COLONY RECORDS. It is agreed at the meeting, November 28th, 1846. That the Towne shall have lawfull warning to Towne meetings, and then if they come not above nine, those nine shall have power to transact, and do such business as there is to be done. It is further ordered, that the business of such meeting [the] days shall be specified in the warrant of warning to the meeting. It is further agreed, that no person or persons shall be accounted an inhabitant unless he or they be lawfully re- ceived by the town, concerning to former order. At a meeting, February the 4th, 1646. It is ageed to concur with Newport in an order that there shall be no shootinge of deere for the space of two months ; and if any shall shoot, he shall forfeit five pounds ; halfe to him that sueth, and the other halfe to the Treasurie. The reason of this order is, that the wolves the more readily come to baytc that they may be catched for the general good of the Island. At the same meeting, it is granted to Mr. Thomas Cor- nell a hundred acres of lande at the further syde of Wad- ing river ; and so rune from the river towards that lande that was layed out to Edward Hutchinson. At the same meeting it is granted, that Nicholas Browne shall have twentie acres added to his other twentie ajoyning to it. It is further ordered, that there shall be a pathway laide out at the head of William Awards lott from the sea to Newport path. It is further ordered, that the line shall run straight TOWN OP PORTSMOUTH. 85 from the corner of Mr. Gorton's lott to the corner of Mr. 164(*». England's lot at the head of those between. v-**--.-*^ Memorandum. That whereas, Nicholas Nyles, the father-in-law of Abell Potter, hath [1)ound him] the said Abell Potter with Mr. William Balstone for the terme of eighteen yeares, with the consent of the said Abell. For the better securitie off Mr. Balston, the towne consenteth herein and approveth thereof. It is ordered, at the same meeting, that Samuel Wil- bour, junior, shall rune his fence streight at the upper end of his lots. It is ordered, that the wolfe catcher shall be payed out of the treasurie, and that he that killeth a wolfo shall come to Mr. Balston and Mr. Sanford for theire pay. It is further ordered, that Newport shall pay four pounds for the killinge of a wolfe, and Portsmouth twentie shillings. It is ordered, that Mr. Sanford and Richard Carder shall continue to laye out such landes as are given by the towne. It is ordered, that George Parker shall be quitted of the treasurie pay for his lande, for his service in his office to this day ; (being for thirtie acres of lande.) It is further ordered, that there shall be noe shootinge of deere from the first of May till the first of November ; and if any shall shoot a deere within that time he shall forfeit five pounds ; one halfe to him that sueth, and the other to the Treasury. Mr. Porter and Mr. Sanford are chosen to propound to the Generall Court that the line may be viewed and layed out between Newport and this Towne. It is granted, that Thomas Wright and Edward Fisher shall have thirtie acres of lande a piece, twixt the head of Wading river and Newport path. NEWPORT RECOEDS, ^ 1639 TO 1647. PocASSET. On the 28th of the 2d [month], 1639. It is agreed. By YS whose hands are underwritten, to propagate a Plantation in the midst of the Island or elsewhere ; And doe engage ourselves to bear equall charges, answerable to our strength and estates in common ; and that our de- terminations shall be by major voice of judge and elders ; the Judge to have a double voice. PRESENT. Wm. Coddington, Judge, John Clarke, Nicholas Easton, ^ Jeremy Gierke, John Coggeshall, } Elders, Thomas Hazard, William Brenton, J g^j^^y B^^^ William Dyre, Cl'k, RHODE ISLAND COLONY RECORDS, 16th, 3d [montli], 1639. It is agreed and ordered, that the Plantation now begun at this South west end of the Island, shall be called Newport ; and that all the landes lying Northward and Eastward from the said Towne towards Pocassett, for the space of five miles, and so cross from sea to sea, with all y® landes Southward and Westward, bounded with the raaine sea, together with the small Islands and the grass of Cunnunnegott, is appointed for the accommodation of y° said Towne. It is ordered, that every such servant as shall abide with any of us that first came forth, shall upon their due admission, have ten acres of lande given unto them gratis. It is ordered, that the Towne shall be built upon both sides of the spiing, and by the sea-side. Southward. 5th of 4th [month]. It is ordered, that all the meadow groundes lying within the circuitt and bounds of Newport, shall be layed out after the rate and proportion of twentie cowes meat to a division of three hundred acres of upland ; and it is or- dered, that Mr. John Clarke, Mr. Jeffreys, Tho: Hazard, and Wm. Dyre, or any three of them by the major vote, shall proportion it forth dewlie ; and that the said com- panie which shall laye it forth, shall have have foure pence an acre for every acre. About the same time, the Secretarie being absent, and the body meeting, they did agree that the Lande might reasonably accommodate thoss that were, and as many as would be, fiftie families ; which agreement being left TOWN OF NEWPORT. m with Mr. Easton, is not readily to be found ; but y' there IGoO. was such an agreement most then and there present, do ^-*'^'^*- confidently remember, therefore a space I leave to in- sert it. It is ordered, that the home allottments shall be foure acres a piece, layd out conveniently where the ground af- fords, and that Mr. Coddington shall have six acres for an Orchard laid out as conveniently as cann bee. 11th of the 5th month. It is agreed, y' Mr. Clarke and Mr. Jeoffreys and Wm. Dyre shall have full powre to lay out all the Lands for the Townes accommodations, as well upland as Medow ; as also all highways, with the home allotments, and the dis- position of severall Farmes to the persons inhabiting, ac- cording to the proportion that shall be allotted by the Judge and Elders, and are to have 2 pence an acre for the great lotts laying forth. EXP. lltb,: 2d of the 7th month. It is agreed, that Thomas Hazard and Mr. Jeoffreys are 2,,, 711,, embraced as freemen of this Body. Upon some differences arising concerning the Trade with the Indians, it is agreed that Mr. Brenton and Mr. John Clarke shall informe Mr. Jeoffreys of the particu- lars ; and then Mr. Jeoffreys shall determine the cause. It is also determined, that Mr. Jeoffreys shall have the hearing and deciding of the matters concerning the dam- ages done by the Cattle upon the planted corne in the 90 RHODE ISLAND COLONY RECORDS. 1640. Circuit of the Towne, and that such who hath been so un- ,-»-v-*fc^ damaged shall repair to him. It is agreed, that the trade with the Indians shall be free to all men. It is ordered, that if Mr. JeofTreys cannot joyntlie goe along with the reste in the laying forth of the Lands ; then Mr. Easton is to goe along and performe the s'd ser- vice in Mr. Jeoffrey's roonie, who shall have full power to dispose of all Circumstances, as fencings and timber, with other conveniences as may parallel the impropriations ac- cording to thoir best discretions. 1st of the 8th month. It is ordered, that every first Tuesday in the Month of July, the Judge and Elders shall assemble together to heare and determine all such causes as shall be pre- sented. It is ordered, that Mr. Robert JeofTreys is elected Treasurer of this Body for one whole yeare, or until a new be chosen, and that Mr. Jeremy Clarke shall assist him in taking up the accounts of the old Treasurer. Upon an account of the Secretaries for service done to the Body, divers wages, a bill of £19, and ten acres of Land was assigned to be paid him by the Treasurer ; and to Sergeant Bull, for service by him done, <£6. It is agreed, that Mr. Foster, is received as a Freeman of this Bodie. It is agreed, that in the Quarter Courts, the determina- tions of matters in hand shall be by major vote, the Judge having his doutle vote ; who also shall have power to putt it to vote and to gather up the votes. A Catalogue of such [persons], who, by the General] consent of the Company were admitted to be Inhabytants TOWN OF NEWPORT. 91 of the Island now called Aqueedneck, having submitted themselves to the Government that is or shall be estab- lished, accordinsr to the word of God therein. 1638. Mr. Samuel Hutchinson, Thomas Emmons, Richard Awards, Edward Wilcocks, George Gardiner, William Withrington, Mr. Samuel Gorton, 2o,h, -.^ John Wickes, 2o,h, 4th. Ralph Earle, Nicholas Browne, Richard Burden, Richard Maxon, Mr. Nicholas Esson, i,;,^, .;-t Thomas Spicer, Robert Potter, Nathaniel Potter, William Nedham, Sampson Shatton, Adam Mott, John Mott, Mr. Robert Jefferyes, Thomas Hitt, James Tarr, John Roome, Robert Gilham, Jeremy Clarke, Nicholas Davis, 12th, 9th Wm. Baker, John More, i6th,9th. Anthony Pain, eth, 10th. George Potter, Wm. Richardson, Wm. Quick, 27tiMoth, Thomas Clarke, John Johnson, William Hall, John Briggs, James Davis, George Parker, Erasmus Bullock, George Cleer, Thomas Hazard, William Cowlie, Jeffery Champlin, Richard Sarle, John Sloff, Thomas Boeder, John Tripp, Osamond Doutch, John Marshall, Robert Stanton, Joseph Clarke, Robert Carr, George Lay ton,- John Arnold, Wm. Heavens, Thomas Layton, Edward Poole, Mathew Sutherland, ^7 92 RHODE ISLAND COLONY RECORDS. 1638. Inhabitants admitted at the Towne of Nieu-Port since the 20th of the 3d, 16; Marmaduke Ward, Robert Feild, Thomas Stafford, Job Tyler, Thomas Sauorie, Hugh Durdall, William Baker, John Layton, Mr. Will. Foster, John Hall, Tobye Knight, John Peckum, Michel Williamson, Mr. Robert Lintell, Richard Smith, James Rogers, John Smith, Wm. Parker, John Grinman, Edward Rero, John Macummore, Robert Root, Ezekiah Meritt, James Burt, John Bartlett, Edward , Sampson Salter, Nicholas Cotterell, John Vaughan, John Smith, John Merchant, j^jy 2. Jeremy Gould, Enoch Hunt, Nathaniel Adams, Samuel Allen, George Allen, Ralph Allen, Mr. Thomas Burton, Henry Bishop, John Hicks, Edward Browce, Mathew Gridell, ^ug.o TOWN OF NEWPORT. By the Body Politicke in the lie of Aqethnec, Inhabiting this present, 25 of 9; month. 1639. In the fourteenth yeare of y^ Raign of our Soveraign Lord King Charles. It is agreed, That as Natural subjects to our Prince, and subject to his Lawes, all matters that concerne the Peace shall be by those that are officers of the Peace, Transacted ; And all actions of the case, or Dept, shall be in such Couits as by order are here appointed, and by such Judges as aie Deputed : Heard and Legally Determined. Given at Niew-Port on the Quarter Courte Day, which was adjourned till y Day. William Dyre, Sec. Mr. Jeremy Clarke is chosen Constable for one whole yeare, or till a new be chosen ; and is to attend that ser- vice according to the Law in that case provided. Mr. WiUiam Foster is chosen Clerke of the Traine Band, and is to attend that service till another be chosen ; who is presently to take a view of the Armes, and to Returne the defects the next Court but one. It is ordered and agreed upon, that the Body of the people, viz.: the Traine Band shall have free libertie to select and chuse such persons, one or more from among themselves, as they would have to be officers among them ; to exercise and traine them ; and then to present them to the Magistrates for their approbation. RHODE ISLAND COLONY RECORDS. It is ordered, that i\Ir. Robert Jefferies shall traine the Band for the present. It is ordered, that noe man shall go two miles from the Towne unarmed, eyther with Gunn or Sword ; and that none shall come to any public Meeting without his weap- on. Upon the default of eyther he shall forfeitt five shillings. It is further ordered, that those Commissioners for- merly appointed to negotiate the Business with our Brethren of Pocassett, shall give them our propositions under their hands, and shall require their propositions under their hands, with their answers, and shall give reply unto it ; and so shall returne to the Body a Brieve of what they therein have done. By order, Mr. Easson and Mr. John Clarke are desired to informe Mr. Vane by writing, of the state of things here, and desire him to treate about the obtaining a Pat- tent of the Island from his Majestic ; and likewise to write to Mr. Thomas Burrwood, Brother to Mr. Easson, concerning the same thing. The Court is adjourned to this day three weeks. At the particular Courte holden the 3d of y* 10th,. 1639. John Bartlett and John Hadson, being convicted and as well by witnesses as their own confession, found guiltie of the Breach of the Peace, by their excess in drinking, are adjudged to pay five shillings a piece unto the hands of the Constable according to the Law in that case pro- vided.. TOWN OP NEWPORT. At the Generall Quarter Court which was adjourned to this present 17th of 10th mo., 1639. Mr. Eastone for breach of an order in coming to the public meeting without his weapon, according to that or- der, is to pay five shillings. Whereas, according to a former order, Mr. Clerk was to assist Mr. Jefferies, Treasurer, for the taking up of the accounts of the old Treasurer, which accordinglie they have done, and Exhibited the same unto the Courte, which have passed ; and there is found to remaine due to Mr. Coggeshall the sume of £57: 2s. 4d., which the Treasurer now being, shall pay unto him, with all con- venient speed, allowing sufficient satisfaction for the for- bearance thereof, from this present day. It is ordered, that those who are appointed to lay forth the lands, shall (in regard of some naturall bounds lying neare unto the farme of Mr. Will'm Coddington, Judge), have full powre to add unto the s'd farme such parcell or parcells of Land as may extend to thoss bounds accord- ing as their discretions shall guide them when they come to a view thereof ; provided that Mr. Coddington, Judge, shall pay into the Treasurie so much monie (according to the order) as the overplus of his proportion amounts to. It is ordered, that the Treasurer shall pay no monies unto any person till he be authorized by warrant signed under the hands of the Judge and some of y'' Elders ; the which shall be to him of sufficient authoritie to pay all such bills so assigned. It is agreed, that Wm. Cowlie, Rob't Field, George Gardiner, Robert Stanton, Thomas Clerk, and Joseph Clerk, are admitted and embraced as Freemen into this Body Politike. It is agreed and ordered, that the Secretarie shall take notes of all dammages of the Towne, and shall implead 96 RHODE ISLAND COLONY RECORDS. 1639. such as shall be delinquent, legalie ; and in every deffect -"^^-^"^■^ thereof shall forfeit fortie shillings. It is ordered, that ther shall be sufficient fences, eyther hedge or post and raile, made about the Corne Grownds that shall be planted or sowne by the 1st of May, next ; and if any man shall be found a Delinquent therein, he shall forfeit for every rod that is defective the sum of three shillings and four pence. It is ordered, that no man shall keep any Hoggs about the Towne except it be within his own enclosure after the 15th of April, untill the 15th of October, upon the for- feiture of four pence a foote, and the former orders are repealed. It is ordered, that ther shall be provision made of Bulls into the Towne. A Bull to every twentie Cows and heyfers by the first of May, 1640. It is ordered, that keepers shall be appointed to y^ sev- erall beards of Cattle, from the 15th of Aprill to the 1st of November, and that the spare cattle shall be separated from the Milch beasts, and kept att Sachuis. It is ordered, that the Lands shall not be fired till the 1st of March, and so for fourteen dayes, to continue ; and that if eyther Indian or Eiighsh shall fire any, before or after, they are liable to such dammages as may be in- curred thereby. It is ordered, that the Treasurer shall forthwith provide a pair Stocks and a whipping post, to be sett in some such place as he shall have order for, in y^ town of Niewport. TOWN OF NEWPORT. At the Particular Courte held on the 7th of 11th, 1639. Whereas, it was ordered, that the Clerk of the Band should take notice of what defects were in the Armes among the Traine Band, and to make returne thereof at the Sessions of this Courte ; which being performed, It is further ordered, y* the Corporall shall forthwith give warn- ing to all such who are defective, to make their appearance before the Judge within these tenn days, to give answere for their deficiencies therein ; and further it is ordered, that every Traine Soldier shall be provided sufficiently of his owne Armes by the last day of Aprill, 1640 ; as they shall answere it att their perill. Whereas, complainte was made by the Secretarie on the behalfe of the Towne of Nieuport against Ralph Earle for his falling of timber, contrarie to order, and suitt made ac- cordinglie in the Courte. By the Courte it was ord'ered, that the s'd Ralph and Mr. Willbore, his Copartner, shall serve the Towne with good sufficient Stuff, Viz.: with sawn board att eight shillings the hundred, and half inch board, at seven shillings, to be delivered at the pitt by the water side ; and clapboard and paile at twelve pence a foote, by the Stubb, sound and good sufficient merchantable ware ; and further it is ordered, that the said Mr. Willbore and Ralph Earle shall not make sale of any of the Timber within y^ bounds of the Towne of Nieuport, nor transport any of it (eyther whole or broken) to any other Plantation without licence, as they shall answere it at their Perill. 98 RHODE ISLAND COLON!'' RECORDS. 1639. At a Generall Assembly of the Body, 22d Jan'ry, 1639. Upon a survey of the Come with the persons inhabiting the Towne, the Corne arising to 108 bushells, and y^ per- sons ninety-six : It is therefore ordered, that the said Corne shall be proportioned forth one bushel and half a peck to each person, which is to supply the said person for the space of six weeks ensuing the date hereof ; provided, y* such who shall lend their Corne shall in due time be re- paid as soon as a supply can be made. Whereas, the Generall Quarter Courte doth fall on the second of February, which being the Lord's day, upon serious consideration, it is assigned to be kept foure days sooner, being the 29th of this present month. At the Quarter Courte held y^ 29thof Januarie, 1639. It is ordered, that Mr. Jeremie Clarke shall supply y® Treasurer's place till his returne from the Dutch. It is ordered and ordayned, that once in the yeare for- ever hereafter, namelie : the twelfth day of INIarch ; The Judge and Elders, and all other officers of this Bodie in- corporate, shall be in the Generall Courte or Assembly, to be held for that day or time newlie chosen, for the yeare ensuing, by such greater part of the Bodie of Freemen, then or ther present, and such as shall be necessarily de- tained to send in their votes, sealed up to the Judge. It is ordered, that on the 6th of March, ensuing, the Bodie shall assemble together, for the Recording of the Lands according to the order in that case made on the Sessions hold the 27th of the 4th, 1638. It is ordered that the Secretarie shall commend and ad- vise with the Judge and Elders, concerning such suitts and cases as he shall have information of TOWN OF NEWPORT. At a Generall Assembly of the Body on the 6th of March, [1640]. Whereas, according to order, Mr. Nicholas Eston, Mr. John Clarke, and Mr. Wm. Dyre were appointed to lay forthe all such Lands as by the Judge and Elders were proportioned forth ; to that purpose, a schedule was given them from the Court of such as they had appointed them to accommodate ; who, according to their best Judgments and discerning, have performed the same, and exhibited a map thereof to this Generall Courte, which is accepted and ratified thereby, and are discharged of the service by the authority thereof. It is ordered, that all the Sea Banks are free for Fish- ing to the Towne of Nieuport. It is ordered, that such as shall bring in their acquit- tances from the Treasurer to the Judge and Elders, shall have their Lands recorded. By the Judge and Elders, March 10th, 1640. [Here follows a record of the Lands to the following proprietors, viz.: William Coddington, John Coggeshall, William Brenton, Nicholas Easton, William Dyre, John Clarke, Jeremy Clarke, William Foster, George Gardner, Robert Stanton and Robert Field.] RHODE ISLAND COLONY RECORDS. Att the Generall Courte of Election held on the twelfth day of the first month, 1640, in the Towne of Nieuport. PRESENT. Mr. Wm. Coddington, Judge, Wm. Cowlie, Mr. Nichoks Easton, Elder, Thomas Hazard, Mr. John Coggeshall, Ekler, Robert Field, Mr. Wm. Brenton, Elder, Thorn: Clarke, Mr. Kobert Jeoffreys, Treas. George Gardiner, Mr. John Clarke, Henry Bull, Mr. Jeremy Clerke, Joseph Clarke, Mr. William Foster, Robert Stanton, Mr. Samuel Willbore, Guliel Dyre, Secretary. 1. Mr. William Hutchinson, Mr. Wm. Balstone, Mr. John Sanford, John Porter, Adam Mott, Wm. Freeborne, John Walker, Philip Sherman, Richard Carder, and Ran- dall Holden, presenting of themselves, and desiring to be reunited to this body, are readily embraced by us. 2. It is agreed by this Bodie united ; that if there shall be anie person found meet for the service of the same, in eyther Plantation ; If ther be no just exception against him, upon his orderlie presentation, he shall be received as a freeman thereof. 3. It is agreed, that Mr. Samuel Hutchinson, Thomas Emons, Job Hawkins, Richard Awards, Sampson Shat- ton, Toby Knight, John Roome, and George Parker are received as freemen of this Bodye, fully to enjoy the privi- ledges belonging thereunto. 4. It is ordered, that the Chiefe Magistrate of the Island shall be called Governour, an,d the next Deputie Governour, and the Rest of the Magistrates Assistants ; and this to stand for a decree. TOWN OF NEWPORT. 101 5. It is agreed, that the Goveruour and two Assistants 1640. shall be chosen in one Town, and the Deputy Governour ^-^-^-^-' and two other assistants in the other Town. 6. It is ordered that the Plantation at the other end of the Island shall be called Portsmouth. By Election. Mr. Wm. Coddington is chosen Governour for y^ yeare, or till a new be chosen. Mr. Wm. Brenton is chosen Deputie Governour for y^ yeare, or till a new be chosen. Mr. Nicholas Easton is chosen Assistant for this yeare, or till a new be chosen. 7. Mr. John Coggeshall is chosen Assistant for this yeare, or till a new be chosen. Mr. Wm. Hutchinson is chosen Assistant for this yeare, or till a new be chosen. Mr. John Porter is chosen Assistant for this yeare, or till a new be chosen. Mr. Robert Jeoffreys, ) are chosen Treasurers for the Mr. Wll'm Balston, S yeare, or till new be chosen. Wm. Dyre is chosen Secretary for this yeare, or till a new be chosen. Mr. Jeremy Clarke is chosen Constable of Nieuport for this yeare, or till a new be chosen. Mr. Sanford is chosen Constable of Portsmouth for this yeare, or till a new be chosen. Henry Bull is chosen Sargeant attendant for this yeare, or till a new be chosen. 8. It is agreed and ordered, that the Governour and Assistants are invested with the offices of the Justices of the Peace, according to the Law. 9. It is ordered, that to the number of five men sball 102 RHODE ISLAND COLONY RECORDS. 1640. be chosen to lay out the Lands belonging to the Towne of v-*^'--*i-' Portsmouth, and three for Nieuport. 10. By order of Courte, John Sanford, Adam Mott, Thomas Spicer, Richard Burden, and Philip Shearman, are chosen to the service of laying out the Lands for the Towne of Portsmouth. 11. By order of Courte, Mr. John Coggeshall, Mr. Robert Jeoffreys and Mr. Jeremie Clarke shall lay out the remainder of the Lands of the Towne of Nieuport. 12. It is ordered, that Libertie is granted for the Major parte of the Freemen of each Towne to select certaine men from among themselves to proportion forth to each man his propriety of Land, and then having it layd forth orderly, it shall be recorded at the Generall Courte. At the Generall Courte held on the 6th of May, 1640, at Nieuport. 13. Whereas, it was desired that all the orders and Laws formerlie recorded in this Book of State should be openlie read, perused and examined by this present Courte assembled ; Be it known, therefore, that it hath been so done ; and such as were disallowed are repealed, and so noted in the Margent, and the rest are ratified, and stand in full force, though the title of the Magistrates be altered. 14. In regard of the many Incursions our Island is subject unto, and that an Alarum be necessary for the safe securing thereof ; Bee it therefore enacted, that in^ each plantation there bee this forme dulie observed. That as soone as notice is given of any probable Incursion, thaf then forthwith Three Musketts be distinctly discharged, TOWN OF NEWPORT. 103 and the Dram or Drummes incessantly to beat an 1640. Alarum ; and that forthwith each Man hearing armes ^^^^^^^ shall repair to the coulers, which shall be lodged at y" Chief Magistrates Howse in each Plantation, as he will answer it at his perill. 15. It is ordered, that the Governour with the Assist- ants shall write to Plymouth about their Title of the Maine Land Grass. 16. It is ordered, that all such who shall have a Howse lott granted unto them within any of our Townes, shall build a Howse thereon within a yeare after the Grant thereof, or else it shall be forfeited to the Towns use. Repealed. 17. It is ordered, that Commission be directed to the Treasurers to make demands of all such monies as are due to the Treasury for the Lands assigned forth to particular men, and to make returne of all such who shall be therein remiss, at the next particular Courte who are to be or- dered thereby according to Law. 18. It is ordered, that the particular Courts, consisting of Magistrates and Jurors shall be holden on the first Tuesday of each month ; and one Courte to be held at Nieuport, the other at Portsmouth ; and that the sayd Court shall have full powre to Judge and determine all such cases and actions as shall be presented. RHODE ISLAND COLONY RECORDS, At the Genemll Courte Held at Portsmouth on the 6th of August, 1640. 19. By the Generall Consent of this Courte, Mr. Eob't Lenthall, and Thomas Cornill, and Ralph Cowland, are admitted Freemen of this Body Politike, fully to en- joy the priviledges belonging thereunto. 20. It is agreed and ordered, that all Men allowed and assigned to beare armes, shall make their personall appearance completely armed with Muskett and all its furniture ; or pike with its furniture, to attend their Coulers by Eight of the clock in the morning, at the sec- ond beat of the Drum, on such dayes as they are ap- pointed to Traine. And further it is ordered, that eight severall times in the yeare the Bands of each Plantation shall openlie in the field be exercised and disciplined by their Commanders and Officers. And further it is ordered, that there shall be two Generall Musters in the yeare, the one to be disciplined at Nieuport, the other at Portsmouth ; and that if any shall f die to make their personal appear- ance as aforesaid, according to time and place aforesaid, he shall forfeit and pay the sum of five shillings into the hands of the Clark of the Band. And further it is ordered, and by this present authority established, that if any person shall come to the said Training or Generall Muster, defective in his armes or furniture equivalent, he shall pay f u'thwith the sum of twelve pence ; and further it is ordered, that when the Generall Muster shall be held at the one Towne, there shall be a sufficient Guard sett and left at the other Towne with the Constable or his deputy And further, it is ordered, that the Commanders Vidg't, Chieftaine and Lieutenant, shall appoint the dayes and times of their s'd meetings ; And further it is ordered, that all men who shall come and remaine the space of TOWN OF NEWPORT. 105 twentie days on the Island, he shall be liable to the in- 1640. junctions of this order ; provided, that if eyther heards- ^-^-^-^^^ men or Lighter men be otherways detained upon their ne- cessary employments, they shall be exempted, paying only two shillings and six pence for that day, into the hands of the Clarke : And further be it established, that the two Chiefe Officers of each Towne, to witt : the one of the Commonweal, the other of the Band ; and these two of&cers upon the exhibition of the Complaint by y° Clark (which shall be within three dayes after the faults com- mitted), shall Judge and determine of the reasons of their excuses, who upon the hearing thereof, shall determine whether such person shall pay five shillings and six pence, or nothing. And further it is ordered, that Libertie be granted to Farmer or Farmers to leave one man at the s'd Farme, he paying the sum of two shillings and six pence into the hands of the Clarke. And further it is ordered, that the Clarke of each Band shall receive the monies off any Man to provide and make supply of such things as he shall stand in need, of; during which time, after the de- liverie of the s'd money, he shall be excused for his de- fects in his Amies ; but if the money be not delivered, then to be liable to the injunctions herein contained ; pro- vided, also that the Clark of each Band shall hereby be authorized to ask, receive or destraine for all such fines or forfeitures as by any are made, and that the said sum of monies so levied shall be employed to the use and service of tae said Band. 21. It is ordered, that the Treasury shall provide and fitt up on Drum Colters and halberts for the Band of Portsmouth. 22. It is ordered, that Wm. Dyre shall be adjoyned with the rest in Mr. Jeoffreys roome, for the laying out of Lands of Nuport. 23. It is further ordered, that each Towne shall have a joynt and an equal supply of the Money in the Treasury for the necessary uses of the same ; and that the Gov- 106 RHODE ISLAND COLONY RECORDS. 1640. ernour and one assistant of one Towne, and tlie Deputy ^-^-^*^ Governour and one assistant in the other, shall give a warrant, according to the determination of the Major Vote of the Townsmen for the same unto the Treasurer, which shall be his discharge : And it is further ordered, that at the issue of the Treasurers that now be, a due and true ac- count of all Bills and monies, received or dispended shall be presented by the Treasurer of each Towne. And the charges dispended shall be equally ballanced and each Towne to bear its true proportion. And likewise what hath beene expended out of the whole, shall be equally borne by the whole ; and what orders were formerly made, being repugnant to this, are hereby nullified. 24. It is ordered, that Mr. Coggeshall and Mr. Balston, Treasurers shall take up Mr. Hutchinson his account, and peruse it, and exhibite it at the next Generall Courte. 25. It is ordered, that each Towne shall have the Transaction of the affaires that shall fall within their own Towne ; and that the Magistrates of each Town shall have Libertie to call a Court every first Tuesday in the month at Nuport ; and every first Thursday in the month at Portsmouth, wherein actions may be entered ; and Juries empanelled, and causes tryed. Provided, that it be not in the matter of Life and Limb ; and that if so be a Plaintiff hath commenced his suit, and the defendant cast, he shall have libertie to make his appeal to the Quarter Sessions which are to be held upon the four Quarter dayes. And the two Parliamentarie (or Clenerall) Courts to be held on the Wednesday after the 12th of March, with what time is requisite thereunto ; and the other the first Wednesday after the 12th of October, with what time is requisite thereunto ; which Courts are equally to be kept at the two Townes : And what former orders are hereto repugnant are hereby nullified. ExiMication For the better understanding of the terme of the four Quarter dayes. It was at the next Sessions of Court Gen- erall determined, that the Quarter Sessions Courts should TOWN OF NEWPORT. 10' be held the Tuesdays (or dayes) before the Generall 1G40. Courts ; and the other two to fall, the one the first Tues- ^-^^^ day in July, and the other the first Tuesday in January. Certaine Propositions made interchangably on the 7th of July, 1640. [Ratified August 16th.] By Mr. Will'm Coddington, Governour, with the rest of y** Assistants, and Miantonomie, Sachem of Narraganset, with y*" rest of the Sachems, and agreed upon. That no Indian whatever, under his Jurisdiction shall eyther Winter or Summer, kindle or cause to be kindled any fires upon our Landes, but such as they shall put forth immediately againe upon their departure ; Providedj. that no hurt or damage be done thereby upon or after the kindling of the said fire ; or if it so fall out, that hurt or damage be done by their kindling of fire, then y° damage to be adjudged, and they to be tryed by our Law. That in lieu of a Boore y* belonged to the Island, killed by an Indian, the said Indian shall pay ten fadome of beads at harvest next. That no Trapp or Engine be sett by them upon the Is- land, to take or stroye the deare or other cattle thereon. That if any Indian shall be unruly, or will not depart our howses when they are bidden, they are to carry them. to the Governour or other Magistrate, and they shall be punished according to their demeritt. And further, that for any common or small crime he shall receive his pun- ishment according to Law ; and for any matters of greater weight exceeding the value of ten fadome of beads, thea Miantonomy is to be sent for, who is to come and see the 8 108 RHODE ISLAND COLONY RECORDS. 1640. Trjal. But if it be a Sachem that hath offended, though -^^^^■^^^ in smaller matters, then he is also to be sent for, and to see his tryall and Judgment, who hath promised to come. That no Indian shall take any Cannew from the Eng- lish, neyther from their Boatside or shoreside, and the like not to be done by them. That upon their trading and bargaining, having agreed, they shall not revoke the said bargaine or take their goods away by force, and that they shall not be Idling about nor resort to our howses, but for trade, Message, or in their Journeys. These two leaves were torne out by the G. Courte, March ^y'' 16, 1641, and these two foregoing containe the same orders being again written. Eatified at Generall Courte August 6th, 1640. At the General Courte held on the 14th of the 7th mo. [September], 1640. 26. It is agreed, that Mr. Brace, Jeremy Gold, Jeof- frey Champlin, John Anthony, John Hicks, James Eog- ers, H. Bishop, and Marmaduke Ward are admitted as Freemen of this Body Politicke, to enjoy the priviledges thereoff. 27. It is agreed and ordered, by the unanimous con- sent of this Courte, that a line of division be drawn be- tween the Townes of Newport and Portsmouth, as the bounds of the Lands of each Towne, Vidg't. The s'd Line to begin half a mile beyond the River commonlie called Sachuis River, being the River that lies next beyond Mr. Brenton's Land on the South East side of the Island towards Portsmouth, and so on in a straight line to run to the nearest part of the Brook to the hunting TOWN OP NEWPORT. 109 Wigwamm, now standing in the highway between the two 1640. Towns, and so by that Ihie to the sea on the North side of ""•''''^-^ the Ishxnd, which line shall be and is the Bounds be- tween the Two Townes, and to be sett out by marked Trees ; And that Mr. Easton and Mr. Porter, and Mr. Jeoffreys and Mr. Samford shall lay out this Line by the first of November ensuing. And further it is ordered, that Whereas ther was 900 acres of Land (vidg't, To Mr. Wm. Hutchinson 400, and to Mr. Samford 200, and to Mr. Samuel Hutchinson 200, and to Francis Hutchinson 100), layd forth unto them on this side of the s'd River, called Sachuis River, next unto Nuport, shall be and is still granted to them and their posterity, as their right and propriety : Provided, they hold it as from the Town of Nuport ; Provided, also, that this grant do no wayes ilamnifie the land formerly granted to the accommodation of Mr. Brenton's farme ; Provided also, that if so be the said parties before mentioned shall refuse their, or any off their accommodations, before premised in that place, then the s'd Lande or Landes shall returne to the use and dis- posall of the said Towne of Nuport. 28. It is ordered, that Whereas ther was an order for- merlie made for five men to lay out the Lands for the Towne of Portsmouth, and upon complaint made for their neglect being so many ; be it now established that three of them, Vidg't, Mr. Samford, Adam JMott, and Richard Burden shall lay out the said Lands according to the pro- portions granted forth by the Towne. 29. It was further ordered, that Two Barrels of Gunn Powder be alway readie in the Treasury of each Towne, with Bulletts and match ; and that provision be forthwith hereof made by the Treasurers ; And that the Treasurers make demand of all such moneys as is due ; and if any neglect the payment, then to take warrants from the Mag- istrate to the Constable to destraine for the same ; and that also the Treasurers shall provide Thirtie two pikes to lye by alway in readiness in the Magazines of each Towne. 110 RHODE ISLAND COLONY RECORDS. 1641. 30. It is ordered, that the Secretary shall only attend ^-^^-^^-'the two General Courts, and the fouro Quarter Session Courts, unless he be desired, and shall have three shil- lings a day for his attendance thereon. 31. It is ordered, that the Governour shall write to the Governour of the Bay, that they would communicate their Councills concerning their agitations with the Indians. Here endeth the Acts and Orders made by the Bodye in the yeare 1640. Being one and thirty in Number. W. DYRE, Secretary. The Court Roll of Freemen, with the officers, as they were Elected on the 16th of March, 1641. Mr. Wm. Coddington, Govern'r, Mr. John Coggshall, 1 Mr. Robert Harding, ! "^''^^^f ^' Mr. Wll'm Ballston, [ treasurers, Mr. John Porter, i Mr. Robert Jeoffreys, Treas., Wmilliam Dyre, Sec'ry, Mr. Nicholas East on, Mr. Brace, Mr. John Clarke, Jeremy Gould, Mr. Jeremy Clarke, Henry Bull, Sarg't, Mr. Samuel Willbore, Jeoffrey Champlin, Mr. Wm. Freeborne, John Anthony, Philip Shearman, John Hicks, John Walker, James Rogers, Adam Mott, Marmaduke Ward, Mr. Foster, Capt'n Morris, Mr. Spicer, Thomas Gorton, Sarg't, Mr. Lenthall, Mr. Will'm Hutchinson, TOWN OF NEWPORT. Ill Will'm Cowlie, George Gardner, Robert Feild, Thomas Clarke, Joseph Clarke, Robert Stanton, Thomas Emons, John Hawkins, Richard Awards, Thomas Hazard, Toby Knight, John Roome, George Parker, Richard Burden, John Smith, Thomas Wait, John Peckum, Michall V7illiamson, Rob't Carr, John Briggs, Mr. Cornell, Cons' t, Henry Bishop, Cons't, Ralph Cowland, Mr. Samford, Mr. Sam'l Hutchinson, Sen'r, Mr. Edw. Hutchinson, Jr., Mr. Savadge, Richard Carder, Randall Holde?i, Sampson Shatton^ Robert Potter. These four at y^ court of y*" Sessions, March 16, were disfranchised, and f names to be cancelled out of y*" roll. 1641. The Generall Court of Election began and held at Portsmouth, from the 16th of March, to the 19th of the same mo., 1641. ingagemfot 1. It was ordered and agreed, before the Election, that an Ingagement by oath should be taken of all the of- ficers of this Body now to be elected, as likewise for the time to come ; the ingagement which the severall officers of the State shall give is this ; To the Execution of this office, I Judge myself bound before God to walk faithfully and this I profess in y'' presence of God. EHODE ISLAND COLONY RECORDS. By Election. 2. Mr. V/iU'm Codclington is chosen Govemour for one whole yeare, or till a new be chosen. Mr. Wm. Brenton is chosen Dep'ty Governour, for one whole year, or, &c. Mr. John Coggshall is chosen Assistant for one whole yeare, or, &c. Mr. Rob't Harding is chosen Assistant for one whole yeare, or, &c. Mr. Wm. Balston is chosen Assistant and Treasurer for one whole yeare, etc. Mr. John Porter is chosen Assistant for one whole yeare, or until, &c. Wm. Dyre is chosen Secretary for one whole yeare, or until, &c. Mr. Rob't Jeoffreys is chosen Treasurer for one whole yeare, or, &c. Thomas Gorton I and J. are chosen Sergeant Attendants. Henry Bull J Thomas Cornell ] ( ^f Portsmouth , and y are chosen Constables <^ Henry Bishop I [ of Nuport, for one yeare, or till a new be chosen. 3. It is ordered and unanimously agreed upon, that the Government which this Bodie Politick doth attend vnto in this Island, and the Jurisdiction thereof, in favour of our Prince is a Democracie, or Popular Government ; that is to say, It is in the Powre of the Body of Freemen or- derly assembled, or the major part of them, to make or constitute Just Lawes, by which they will be regulated, and to depute from among themselves such Ministers as shall see them faithfully executed between Man and Man. TOWN OF NEWPORT. 113 4. It was further ordered, by the authority of this pres- 1639. ent Courte, that none bee accounted a Delinquent for Doc-^^^^ trine : Provided, it be not directly repugnant to y" Gov- ernment or Lawes established. 5. It was further ordered, that all such who shall kill a Fox shall have six shillings and eight pence, for his^^^^^ paines, duly paid vnto him by the Treasurer of y° Towne in which lands it w^as killed : Provided, that he bring the Head thereof to the said Treasurer ; and this order shall be of suflicient authority to the Treasurer to pay and dis- charge the said summ. 6. It is further ordered, that all Men who shall kill any Deare (except it be upon his own proper Land), shall bring and deliver half the said Deare into the Treasurie, or pay Forty shillings ; and further it is ordered, that the^^'*'"*' Governour and Deputy Governour shall have authority to give forth a Warrant to some one deputed of each Towne to kill some against the Court times for the Countries use, who shall by his Warrant have Libertie to kill wherever he find ; Provided, it be not within any man's enclosure, and to be paid by the Threasurer : Provided, also, that no Indian shall be suffered to kill or destroy at any time or any where. 7. It is ordered from henceforth, that the Quarter Ses- sion Courts shall alway be kept the first, the first Tuesday in March ; the second, the first Tuesday in June ; the third, the first Tuesday in September ; the last, the first Tuesday in December. 8. It is ordered, that Eight Gunns and their furniture ^^^^^ with two corsletts, now in the hands of Mr. AVillbore, shall be taken off by the Threasurie Jointlie, as part of satisf\\ction for what debts from him is now dew therto : and that the said Amies be equally divided to each Towne. 9. It is ordered, that the Deputie Governour and Mr. Willbore, and Mr. Coggshall, and Mr. Jeremy Clarke, ^"°""'"- shall be joyned in commission with the Two Treasurers 114 RHODE ISLAND COLONY RECORDS. 1<)41. that now bee, to examine the Treasurie, and to even the ^-•^'^*^ accounts, and then to present them so rectified to the next Generall Court ; and what oneveness there is found to bee, the one Treasurer shall make payment to the other Treas- urer within twentie dayes after the period of their com- mission : the limits which are set for the performance of this, shall be three weeks from the date hereof. 10. It is ordered, that Mr. Porter, Mr. Balston, Mr. Line. ' ' ' Easton, and Mr. Jeoffreys shall runn the line between the two Towns within twentie days after the date hereof, or else shall forfeit a jNIark a peece ; and performing it within the (time or) tearme they shall have a Mark a peece for their Labour. 11. It is ordered, that each Towne shall provide a RTidences. Towuc Book, whcrcin they shall Record the Evidences of the Lands by them impropriated ; and shall also have Powre to give forth a Coppie thereof, which shall be a clear evidence for them and theirs, to whom it is so granted, 12. It is ordered, that the Officers of Justices of the J. of Peace. _ ' Peace is confirmed to the Magistrates. 13. It is ordered, that no Fiers shall be kindled by any whatsoever to runn at randome, eyther in Medows or Woods ; but what by him that so kindled it shall forthwith be put out, that it damnific none. And that if damage shall accrew, satisfaction to the utmost shall be awarded. 14. It is ordered, that a Booke shall be provided, Copy of wherein the Secretary shall write all such Lawes and " Acts, as are made and constituted by the Body, to be left alway in that Towne where the said Secretary is not resi- dent ; and also that coppies of such Acts as shall be made now or hereafter, at the Generall Courts concerning neces- sary uses and ordinances to be observed, shall be fixed upon some public place where all men may see and take notice of them ; or that coppies thereof be given to the Clerks of of the Band, who shall read them at the head of the Companie. TOWN OF NEWPORT. 115 15. It is ordered, tliat a Manual Seale shall be pro- 1639. vided for the State, and that the Signett or Engraving ^^^^J^^-^ thereof, shall he a sheafe of Arrows bound up, and in the Liess or Bon^, this motto indented : Amor vincet omnia.. 16. It is ordered, that Ineragement shall be taken by^ ' o o ^ ./ ingagcmeiit the Justices of the Peace in their Quarter Sessions of all men or youth above fifteen years of age, eytherby the oath of Fidelity, or some other strong cognizance, 17. It is ordered, that a Line be drawen and a way be Li„e. cleared between the Townes of Nuport and Portsmouth, by removing of the wood and mowing it ; that drift Cattle may sufficiently pass ; and for the performance thereof, Capt. Morris, of the one Towne, and Mr. Jeoflfreys of the other, are appointed to draw the Line, and to be paid therefor, and the Townes to perform the rest. 18. It is ordered, that the Traine Bands shall choose Traine among the Freemen, one or more such as shall be fori^^'^'i^- their commanders, and present them to the Towne. The Major vote of the Towne, by the Authority of this Court, shall have the negative voice for the Establishment of them, and shall order their Powre till the next Generall Courte. Courts. 19. It is ordered, that the major part of the Courts, being lawfully assembled at the place and houre appointed, shall have full Powre to transact the business that shall be Presented : Provided, it be the Major part of the Body entire, if it be the Generall Court (present) or the Major part of the Magistrates, with the Jury in the inferior Courts ; and that such acts concluded and issued be of as full authority as if there were all present. Provided, there be due and seasonable notice given of every such Court. Trappa. RHODE ISLAND COLONY EECORDS. Tenure of theLands of Aquethneck. 20. It is ordered, Established and Decreed, unani- mouslie, that all men's Proprieties in their Lands of the Island, and the Jurisdiction thereof, shall be such, and soe free, that neyther the State nor any Person or Persons shall intrude into it, molest him in itt, to deprive him of anything whatsoever that is, or shall be within that, or any of the bounds thereof ; and that this Tenure and Pro- priety of his therein shall be continued to him, or his ; or to whomsoever he shall assign it for Ever. , The Orders and Lawes made at the Generall Courte, held att Newport, the 17th of September, Ano. 1641. 21. Whereas, there were certaine Records, to witt : Eleven in number, made and entered into this Book of State, which Records are since found to be imperfect by want of that which was intended both for bounds, quan- titie and Tenure ; It is ordered, therefore, that it shall be lawfull to transcribe and rectific the said Records accord- ing to the perfect rule and orders in that case Provided. The order ;nade for the restraint of killing deare y'' last Court is repealed. 22. It is ordered and agreed, that no Englishman or other shall sett any Trapps for deare upon the Island, under paine of forfeiting five pounds, except it be within his own inclosed grounds. TOWN OF NEWPORT. HT 23. It is also ordered, that no Indian shall fall or peel 1639. any trees upon the Islands ; and that if any be found so "^^^^^^^ doing or carrying off Bark (so peeled upon the Islands) away ; it shall be lawfull for all that so finds them, to bring a cause to be brought the Parties so offending before the Magistrates, who shall order and punish them according to the Law. 24. Whereas, ther was difference in the vndcrstand- Train ' Bands. ing of that order made the last Court concerning the Elec- tion of Mihtary Commanders ; it was explained by the authority of this Courte, Vidg't. That the Freemen of the Towne according to order, shall confirme one to each oflQce, out of all such as the whole Traine Band did pre- sent ; and this to stand as the true meaning of that Lawe in that order. 25. It is ordered, that Mr. Jeffreys shall draw the Line, line between the Townes by the last of November next, who shall have five shillings a day for the time he spends att home about it ; and ten shillings a day when he lies abroad, vpon paine of forfeiting five pounds if not done ; also those that shall help him sliall have three shillings per diem, and the charge to be equally borne by the Townes. 26. It is ordered, that Mr. Robert Jeoffreys shall be ^1^.^^^^^^.^ authorized to exercise the function of Chirurgerie. 27. It is ordered, that every halfe yeare ther shall beswineand •^ -^ , Goats. three men chosen out of each Towne to view the Swine that shall be killed by any Person or Persons within the Limitts of the said Towne : And that he that doth or shall kill any swine, and not call one or more of the said men to view and see the said swine so killed, or to be killed, he shall forfeitt five pounds ; and also it is ordered, that every Inhabitant or Person keeping swine, shall within one month after the end of this Court, bring in their ear- marke which they have or do vsually give, and ther to be kept in the Towne Records vpon paine of forfeiting six shillings and eight pence ; and those that have the Seign- iority of the marke shall keep it, and others that have InKagement 118 RHODE ISLAND COLONY RECORDS. 1641. given the same shall alter the said marke vpon notice ^-*''''"*^ gi\ en to em ; and it is also ordered, that the same order in all points shall be observed for Goates ; and also that each Towne shall have a Coppy of each others earmarks. 28. It is ordered and received, that the Ingagement that already was given by the Freemen, was and is of the same force as that oath is, which is authorized to be ad- ministered to the Inhabitants, which oath Nicholas Easton, Rob't Jeoffreys and Win. Dyre did take in presence of the Conrte. 29. It is ordered, that if any Person or Persons on the Island, whether Freeman or Inhabitant, shall by any meanes open or covert, endeavour to bring in any other Powre than what is now established (except it be from our Prince by Lawfull commission), shall be accounted a de- linquent under the head of Perjurie. 30. It is ordered, that the Law of the last Court made concerning Libertie of Conscience in point of Doctrine, is perpetuated. 31. It is ordered. That the order concerning trainings made at Portsmouth, August G, 1640, shall be dulie ob- served and kept in all points effectually, excepting the Powre and all particles thereof which is given to the Com- manders therein ; also bee excepted the two Generall musters ; and also be excepted the half crown paying for such as are necessarily detained. And be it further or- dered, that the Townes shall order the Powre of the Ofii- cers of their severall Bands from time to time. 32. It is ordered, that each Towne shall choose a Committee to Examine the accounts of each Towne inter- changeably, and to exhibitt them whollie at the next Generall Courts. 33. It is ordered, that the Indian Corne shall goe at four shillings a bushell between man and man in all Pay- ments for debts made from this day forward : Provided, it be Merchantable. 34. The Court doth order and Proclayme a Generall TOWN OF NEWPORT. 11 ! Pardon of all offences that have been presented to and l^J-ll. given in this Present Sessions. •--*-v-*» 35. According to an order of Court made in March Accoum.. last, wherein a Committee was appointed to examine and rectify the Threasurers accounts, which accordingly they have done, and also exhibiting this foilowdno; answer in Memorandum : There remains due from the Threasury f^^ of Nuport the summe of one hundred pounds, and eleven pounds, three shillings and foure pence, as appeareth by the severall particulars ; and in case that Mr. Dyre and Henry Bull's bills upon Portsmouth be more than on Nu- port, then the surplus to be discounted ; and in case any- thing be omitted by eyther Treasury, then upon demand allowance to be made of the one halfe. Signed, WILLIAM BRENTON, JOHN COGGSHALL, WILLIAM BAULSTON, ROBERT JEOFFRIES. At the Generall Court of Election held on the 16th & 17th of March, att Newport, 1642. It is ordered, that Richard Carder, Randall Ilolden, Sampson Shatton, and Robert Potter, are disfranchised of °^^'»«"''"'' the Priviledges and Prerogatives belonging to the Body of this State, and that their names be cancelled out of the record. It is further ordered, that George Parker and John Briggs are suspended their votes till they have given satis- ^"'''^''' ""*• faction for their offences. It is further ordered, that Mr. Lenthall being gone for England, is suspended his Vote in Election, RHODE ISLAND COLONY RECORDB. By Election. ^Ir. Will'm Coddington is chosen Governoiir for one whole yeare, or till a new be chosen. Mr. Wm. Brenton is chosen Dep'tie Gov'r for one whole yeare, &c. Mr. Nicholas Easton ] Mr John Coo-o-eshall I • , - • l x> i i ^^ K 13 chosen assistant lor one whole Mr. John Porter f „ yeare, occ Mr. Wm. Balston J ^ William Dyre is chosen Secretarie for one whole yeare, &c. Mr. Roh't Jeoffries is chosen Threas'r of Nuport for one whole year, &c. Mr. Thorn. Spicer is chosen Threa'r of Portsmouth for one whole year, &c. Henry Bull ) are chosen Sargent attendants for one Thomas Gorton ) whole yeare, or till a new be chosen. George Gardiner, ) . n i. l^ ^ ^ ^ ' > are chosen Constables. William i'reeborn, ) fespucation. Ti^e Court doth declare that it was the Intent of that order made concerning Militarie Officers, that each Town or Band should chuse their officers within themselves, and not to choose their officers out of another Towne or Band. Idem. rj.|^^ Q^^^^.j.^ ^^^^ furthcr declare that the Officers for Militarie Affaires are included in that order of yearly elec- tions, namelie : in that particle (all officers, &c.). Traynings. Forasuuich as by the due care of this honored Courtj divers orders have from time to time been made and estab- lished concerning Trainings, and great neglect have been therein hitherto, whereby great detriment hath, and is like to ensLie upon the State by reason thereof, the which being earnestly desired by divers of this Court, to be taken into consideration. Be it therefore enacted, and by this Pres- ent authoritie Established, that the officers for militarie af- TOWN OF NEWPORT. 121 fairs, Vidg't, Captains, Leiftenants, Ensigns, Sarjeants and 1642. Clarks shall be dewlie chosen every yeare at y'' Generall^-*""^"^*'^ Courte of Election ; and that also the officers of each Band shall be chosen within themselves or limitts (and not officers) to be chosen one band oat of another Towne or Band ; and further that their Powre shall be ordered from time to time by the Towne according to the order in that case Provided ; and also, that the order or orders made Angnst 6th, 1640, Sept. 17, 1641, be effectually ob- served in all points, excepting what is already excepted ; and that all former orders excepting, are hereby made void and of no force. By Election. Mr. Robert Jeofireys is elected Captain for Nuport, Mr. Jeremy Clarke, Lieutenant. Mr. Smith, Ensign. George Gardiner, Sargent, Sen'r, Robert Stanton, Sargent, Jun'r, Toby Knight, Clarke. Mr. Richard Morris is elected Captain for Portsmouth j Mr. Balston, Lieftenant, Mr. Thomas Cornill, Ensignc, Mr. Cowland, Sargent, Sen'r, Thomas Gorton, Sargent, Jun'r, Adam Mott, Clarke. It is ordered, that the first Monday of every month, the Traine Bands shall be exercised by the Commanders, ex- cepting in the months of May and August, January and Febru.: and the warning to be seasonably given by the 122 RHODE ISLAND COLONY RECORDS. 1642. ofBcer.s at the one Meeting against the other ; and further, ■^-^^^'^^^ it is ordered, that the Captains shall chuse their Drum- mers and Corporalls. waives. It is further ordered, that he that shall kill a Wolf vpon the ysland, shall have thirty shillings for every Wolf he Kills ; also, it is ordered, that the Magistrates of each Towne shall procure two men for each Towne to range the Woods for to Kill them ; who shall also agree to satisfie them by the day, besides the thirtie shillings a head, which money or payment shall be made the Moitie out of each Threasurie. Account. Mr. JeofTreys, Threasurer, his accounts being dewlie examined by the auditors by order appointed, and accord^ ingly exhibited to this Court, is allowed of, and he is dis- charged of the said account ; and what remains to be transferred to the other accounts, he being again chosen Threasurer. Also it is ordered, that the other Towne shall appoint three to audite the old Threasurers accounts, and exhibit them att the next Quarter Sessions, and the remainder to be transferred to Mr. Spicer, now Threasurer. Provision It is ordcrcd, that the ordinaries shall no longer make Provision of diett for the Courts at the countrie charge. Few. It is further ordered, that the three shillings a day al- lowance shall be taken off from the Officers, and that the Secretarie shall have the fee's and customes allowed by the Lawes and Constitutions of England ; also he shall exe- cute the Clarke of the Peace his office ; and for wdiat time the said Secretarie shall expend for writing or enrolling the Court's Acts, satisfaction shall be made out of the Treasury ; Also the Sarjeants shall have the fees allowed them by order of Law for their arrests and summons, &c.; or upon the States service their attendance, to be satis- fied : Provided also, that by this order their bills for the last yeare be not frustrated. It is further ordered, that thor shall be but one General! TOWN OF NEWPORT. 123 Court in the yeare, vidg't, the Court of Election, and that 1640. to be held according- to the ancient form and custome ; ^^*^v-*-^ and but two Quarter Sessions in the yeare ; vidg't, the one in June, the other in December ; and they to be held according to the ancient forme and Custome ; Provided, that if ther shall appear speciall occasion, then the Gov- ernour and Deputie with the rest of the Magistrates, or two of them, shall have Powre to call eyther Generall Courts, or more Session Courts ; and what former orders are contrarie hereunto to this Present act, are made void. It is also further ordered, that such acquittances for the receipt of the Land Moneys under the Threasurers hand, being exhibited or sent vnto the Secretarie, he shall have full powre to record y'' said lands and give the parties ex- emplifications of the same vnder his hand and in the States' name. It is ordered, that if any Person or Persons shall sell, imians give, deliver, or any other wayes convey any Powder, Shott, Gunn, Pistoll, Sword, or any other Engine of Warr, to the Indians that are, or may prove offensive to this State or to any Member thereof, he or they for the first offence being lawfully convict, shall forfeit the sum of forty shillings ; and for the second offence, offending in the same kind, shall forfeit five pounds ; half to our Sov'n Lord the King, and half to him that will sue for it ; and no wager of Law by any means to be allowed y" offender. It is ordered, that if John Weeks, Randall Holden,.GoodBt- Richard Carder, Sampson Shatton or Robert Potter shall come vpon the Island armed, they shall be by the Consta- ble (calling him sufficiently aside) disarm' d and carried before the Magistrate, and there find sureties for their good behaviour ; and further be it estabhshed, that if that course shall not regulate them or any of them, then a fur- ther dew and lawfull course by the Magistrates shall be taken in their Sessions : Provided, that this order hinder not the course of Law already begun with J, Weeks. 9 "^ laviour. 124 RHODE ISLAND COLONY RECORDS. 1640. It is ordered, that the Secretarie shall have full Powre ^-*"~^'"'*-' upon the Threasurer's information to sue for the monys 9.n tt. ■'■ "^ that is due vnto y*" Threasurie. Ffinis. Courts. Juries. At the Generall Court assembled at Nuport on the 19th of September, 1642, these orders following were agreed upon. It is ordered, that George Parker and John Briggs are reunited of their censure of suspension. It is ordered, that the Freemen of the Towne in their Towne meetings shall appoint the Juries for the Courts, and that they shall have powre as well to appoint the In- habitants, as Freemen for that service, by virtue of the Tenure and grant of their Lands which is freehold ; and further it is ordered, that the two Courts in June and De- cember, shall be held as the two Generall Sessions ; also, that the two other Courts, Vidg't, in March and Septem- ber shall again be held, and kept as Quarter Courts ; and further it is ordered, that the Juriors shall have twelve pence a piece p'd them for every cause vpon issue joyned, both at these and all other Courts held and kept within our Jurisdiction. It is ordered, that full Commission is granted to Mr. uamJ; ^''" Roger Williams to consult and agree with Miantonomie, Sachem of the Narragansetts, for the destruction of the Wolves that are now upon the Island ; and also, that they no way damnific the English in that, or in a present hunt- ing [ground] granted to them for the killing of the deare that are upon the same ; provided, that the Indians shaU ;/nror8 pay. Commission TOWN OF NEWPORT. 125 no moro require tlie like curtesie of hiuiting upon tlie Is- 1640. land when as this enterprise is effected. v-*»-v-i*-/ It is ordered, that a Committee shall be appointed to ^.^^^^^ consult about the procuration of a patent for this Island and Islands, and the lands adjacent ; and to draw up Peti- tion or Petitions ; and to send letter or letters for the same end to Sr. Henry Vane ; and that if any opportu- nitie be presented, they shall have full Powre to transact and send to the forenamed Gentleman or any others whom they shall think meet for the speedy affecting of said busi- ness ; Provided, that an opportunitie be as aforesaid pre- sented, between this and the Generall Court in March next ; which opportunitie foiling, then to present the af- faires so ripened to the Generall Court then assembled ; and further it is ordered, that what charges shall any way be dispended herein, the Body doth engage them- selves a dew proportion therein. The Committee appointed for the transaction of this (.^,^^j^;^jg^,g business, is the Governour, the Deputie, the foure Assist- ants, the Secretary, Cap't. Jeoffreys, Capt. Harding, and Mr. John Clarke. It is ordered, that all such Freemen that doth not Co-votos. habit vpon the Island, shall have no vote or Powre to transact any [business] in our Courts. It is ordered, that no man shall be disfranchised, but Disfran- when the major part of the bodie entire is present. "^ '"""''" ' It is further ordered, that all the Priviledges, preroga- [?°°^Jj™^i-,. tives and liberties of the Government, State, Townes, per-"'"^^' sons, or person are confirmed. It is ordered, that if any Englishman shall kill or bring ^°^^^'- in any of the Wolves heads that are upon the Island and slain thereon, and bring the head thereof to y'' Governour in Newport, or Deputie in Portsmouth, he shall have five pound for his paines ; and at the next Town's meeting, a rate by the Townsmen, shall be made for every man to pay to it according to this State of Cattle, which mult shall be levied and raised by the Sarjent, who shall be satisfied 126 RHODE ISLAND COLONY RECORDS. 1640. for Ills paines ; and that both Towns shall paj it propor- ^^^-^*^ tionably to the Cattle therein. It is ordered, that the Governour and Deputie shall treat with the Governour of the Dutch to supply vs with necessaries, and to take of our commodities at such rates as may be suitable. It is ordered, that no person or persons shall make any dictTon.""'' sale of his lands (in or belonging to our Jurisdiction) to any other Jurisdiction, or person therein, vnless that that Jurisdiction or person shall be subject to the Government here established, vpon paine of forfeiture of the said lands so proffered. Supplies. Sale to an- Threasu- rer's dis- charge. At the Generall Court of Election held at Portsmouth the 15th of March, 1643. By the Election of the Body, The officers of the State were elected as they stood the former yeare, excepting the Serjents, which were James Rogers, for Nuport, George Parker, for Portsmouth. Mr. Baulston, Threas'r, of Portsmouth, exhibited his Threas's accounts this present Court, and by the Court was allowed ; and the said Mr. Baulston discharged of the said accounts for the time passed, and what surplus remained, to be transferred to the other accounts. TOWN OF NEWPORT. 1644. At the Grenerall Court of Election held at Nuport on the 13th of the first month, 1644. All were chosen officers agame as they were last yeare, except Mr. Jeremy Clarke, who was chosen Threasurer of Nuport, in Mr. Jeolfrey's stead. The Military Officers elected for Nuport were Mr. Clark, Capt. ; Mr. Smith, Lief 't. ; George Gardiner, Ensign ; Toby Knight, Clark ; Robert Stanton and Peter Easton, Sarjants ; John Coggeshall, Thomas Gould, James Barker, Henry Timberleggs, Corporalls ; and John Hardy, Drummer. For Portsmouth, Capt. Morris, Chef 'n ; Mr. Samford, Lft,; Mr. CorniU, Ensign ; Mr. Willbor, Clark; George Parker, Tho: Gorton, Sam'l Willbor, Sarj'ts ; John Alsborow, Tho: Brookes, Rich: Awards, Jo: Antho- ny, Corporalls ; and Jo: Cranston, drummer. It is ordered by this Court, that the ysland commonly j,^ame. called Aquethneck, shall be from henceforth called the Isle of Rhodes, or RHODE ISLAND. It is ordered, that a debt of thirty shillings, due to Mr. Bebts. Edw'd Hutchinson, for trading Commodities, shall be sat- isfied out of the Threasuries joyntly. It is ordered, that forasmuch as according to divers or- ders by Generall Courts formerly made, That all such Lands. Lands as were granted to any, they should be recorded in the State Book, which should be their Evidence to Perpe- tuity. And itt now appearing to this present Court that much Lands have been granted vnto divers persons who have made sales thereof, and have neglected to record their Lands so granted, or past on so and so to persons purchasing the same Lands, and have since gone away, or departed from the Jurisdiction, so that original Records cannot be in a dew forme made. Be itt now established, and decreed by the Court and the authority hereof, that all who hath made or shall make purchases of any such 128 RHODE ISLAND COLONY RECORDS. 1644. lands, and shall sufficiently evince eyther by writings, bar- ^-''"^''"*-' gains, contracts, or other Testimony of the Purchase of any such Land or Lands before one Judge of the Court and the Clerk of the Peace ; that then the Secretarie shall have full Powre to record the said Lands in the State Book to the purchaser ; and in his name then holding the said Land, which Record shall be as authentick to him or them, their Heirs, Executors or Assigns, as if the said Lands had been originally granted, and according to that Tract in all points observed. It was ordered, that Robert West should be paid three pounds from Nuport, and two pounds from Portsmouth ^°''' Threasury, for destroying the other Wolf. It was ordered and agreed, by the Body of this State before the Election of this present day, that the major of the major part of the Body in the Generall Courts appear- ing : shall have full powre to transact the affaires of the State ; also, to impose fines or penalties vpon all such of the Body that shall not appeare, or other wayes shall neg- lect or absent themselves from the service of the State hav- ing made their appearance in the Court, without leave. WARWICK. 16 4 2. [The settlers at Warwick, unlike those of Providence, 1642. Portsmouth and Newport had not, prior to the Charter to ^— •^^^-^ the Colony of March 14, 1G44, combined together as a corporation, or assumed to exercise any of the powers of government. The reason for omitting to do so was not because they were opposed to any government, as has been charged against them, but because they held that so long as they were English subjects, they had no lawful right to erect a government, and could not without au- thority from the crown or government in England. They denied that the self-constituted governments in the other towns were of any authority, because their power was not lawfully derived from the government to which they owed allegiance. They therefore never exercised any power of government, or proceeded to elect any officers until the organization of a government for the colony in May, 1647, under the charter of 1644. Their first act was on the 8th day of August, 1647, and is thus recorded. RHODE ISLAND COLONY RECORDS. Having now received our orders this 8th of August, from y"" Generall Recorder, we have chosen for a Towne Council, being a General Assembly order, JO: GREENE, EZC: HOLIMAN, JO: WARNER, RUFUS BARTON, RANDALL HOLDEN. Rufus Barton, Town Magistrates. Jo: Wickes, Jo: Warner, Town Clarke, Hen: Townsend, Constable Chri: Helme, Sargant.] Deed from Miantonomi to Randall Holden, John Greene and others of Shawomet, noiv known as Warivick, Janu- ary, 12, 1642. Know all men : that I, Myantonomy, Cheefe Sachem of the Nanheygansett, have sould vnto the persons heare named, one parsell of lands with all the rights and privi- leges thereoff whatsoever, lyinge uppon the west syde of that part of the sea called Sowhomes Bay, from Copassa- natuxett, over against a little Hand in the sayd Bay, be- ing the North bounds, and the outmost point of that neck of land called Shawhomett ; beinge the South bounds fFrom the sea shoare of each boundary uppon a straight lyne westward twentie miles. I say I have truly sould this parsell of lande above saydc, the proportion whereof is TOWN OF WARWICK. 131 according to the mapp under written or drawne, being the 1639. forme of it vnto Randall Houlden, John Greene, John ^-*'''^^^*» Wickes, ffrancis Weston, Samuell Gorton, Richard Water- man, John Warner, Richard Carder, Sampson Shotten, Robert Potter, William Wuddall, ffor one hundreth and' fortie foure ffathom of ^Yampumpeage. I say I have sould it, and possession of it given unto the men above sayed, with the ffree and joynt consent of the present inhabit- ants, being natives, as it appeares by their hands hereunto annexed. Dated y" twelfth day of January, 1642. Beinge en- acted vppon the above sayed parsell of land in the pres- ence off PuM 1 Jano, HOMM, *^ his marke, John Greene, Jun'r, MYANTONOMY, Sachem of Shawhomett, TOTANOMANS, his marke, / The within written deed is entred and recorded in the publick records of his Majesties Collony of Rhode Island and Providence Plantations on the (158) page of the booke of land evidences.* As attests, JOHN SANFORD, Recorder. "■•■ Indian Deed of Potowomut, a portion of the town of Warwick, from the origi- nal land evidences in the Town Clerk's office. TCiiow all men by Uicse prcseuts, y' I, Taccomannii, right oAvner of all y" meadoAvs and mowable land upon a neck of ground eoraonly called by y° Eng- lish, by y° name of Potawomett, situated and being upon y° great river called by y" naime of y^ Nanhygansott Bay, lying over against y° South end of that 132 RHODE ISLAND COLONY RECORDS. 1641. '"'^'cl:? of land cnlled Shawomet, which bay is y° East bounder, and that river ^^^.^^ commonly called by y^ English Potawomut river ; being in y° Southward bounnder and C ;es'sett bay, being y° norward bounder for y" space or length of fower myk'S, according to y" English accoumpt, by y° said Potawomut river westward, from y° said Nanhygansett baj^, which parcel! of land as ^ abovesaidc. with all y" right and privilidges thereto appertaining, by land, water, wood or otherwise, I doe hereby, and by these presents ffrecly ackuowl- ed*e to have Icagaliy and trewly sould, made over, and by these presents doe forever qnitclairae unto Randall Houlden and Ezchiel Hollyma,u, both of "Warwick, for themselves and y° rest of y° inhabitants of y' abovesaid towne of Warwicke to them and their heires, and to have and to hould for ever, for y" just some of fifteen pounds dewly paid and received allrcady, in wampumpeage, only I am to receive y" valine of one coate of such clothe as y° Indians doe now commonly use to weare, annually as a gratuity hereafter ; and I doe hereby binde and ingadge myselfe, that neither I nor any in my naime, nor in my be- halfe shall forever hereafter dissurbe or molest them or any of them in y° cjuiett and peaceable possession and injoymcnt of this, their proper right and inheritance ; Moreover, I doe by these presents, further binde and engage my- selfe, and allso my heires and suckcessors, and that in consideration of y" abovesaid sum of money in payment received, never hereafter to sell, mort- gadge, let, or make over any moor, meadow or mowable laud within my right, tytle, or claime unto any, what or whomsoever, but only to y° parties above- named, their heires or assignes. In virtue whereof, I have heare unto sett my hand and scale, according to y" custome of y" English. Dated y° thirteenth day of July, Anno. 1654. Scaled and delivered hi y" presence of TACCOMANAN, his markc. Jeremy "Westcott, William Baker, Samuel Ensall. AWASHOTUST, eldest soun to him above his marke. AY AWANOCKOS HAW, m another sonu his marke. MSICELLANEOUS DOCUMENTS. MISCELLANEOUS DOCUMENTS. 13^ 1G43. A Coppy of a letter sent to Mr. R. Williams, of Provi- dence. Sir : Wee receaved lately out of England a charter from y"" authority of y^ high Courte of Parliament, beareing date 10th December, 1643, whereby y"* Narragansett Bay, and a certaine tract of land wherein Providence and y^ Island of Quidy are included, which wee thought fitt to give yow, and our other country men in those parts, notice of, y'' you may forbeare to exercise any jurisdiction there- in, otherwise to appeare at our next Generall Courte, to be holden the 4th day of y" 8th month, to show by what right yow claime any such jurisdiction ; for which pur- pose yourself and other your neighbours shall have free liberty to cane, stay, and returne, as the occasion of A^ said business shall require. Dated at Boston, in y^ Mattatusetts, 27 1 6th mo.^ 1645. To jMr. Roger Williams, of Providence, by order of y^ counsell. INCREASE NOWELL, Sec't. (Mass. Col. Records, vol. 3, p. 49.) 134 RHODE ISLAND COLONY RECORDS. 1644. The Act and Deed of the voluntary and free sub?nission of the c/iiefe Sachem, and the rest of the Princes, with the whole people of the Nanhigansets, unto the Government and protection of that Honorable State of Old-England ; set downe, here, verbatim. Know all Men, Colonies, Peoples, and Nations, unto whom the fame hereof shall come ; that wee, the chiefe Sachems, Princes or Governouvs of the Nanhigansets (in that part of America, now called New-England), together with the joynt and unanimous consent of all our people and subjects, inhabitants thereof, do upon serious conside- ration, mature and deliberate advise and counsell, great and weighty grounds and reasons moving us thereunto, whereof one most effectual unto us, is, that noble fame we have heard of that Great and might}^ Prince, Charles, King of Great Britaine, in that honorable and princely care he hath of all his servants, and true and loyall subjects, the consideration whereof moveth and bend- eth our hearts with one consent, freely, voluntarily, and most humbly to submit, subject, and give over our- selves, peoples, lands, rights, inheritances, and possessions whatsoever, in ourselves and our heires successively for ever, unto the protection, care and government of that worthy and royal Prince, Charles, King of Great Britaine and Ireland, his heires and successors forever, to be ruled and governed according to the ancient and honorable lawes and customes, established in that so renowned realme and kingdome of Old England ; we do, therefore, by these presents, confesse, and most willingly and sub- missively acknowledge ourselves to be the humble, lov- ing and obedient servants and subjects of his Majestic ; to be ruled, ordered, and disposed of, in ourselves and ours, according to his princely wisdome, counsell and lawes of that honorable State of Old England ; upon condition of His TOWN OF AVARWICK. 135 Majesties' royal protection, and wrigliting us of what wrong 1644. is, or may be done unto us, according to his honorable lawes '-"•^--*^ and customes, exercised amongst his subjects, in their preservation and safety, and in the defeating and over- throve of his, and their enemies ; not that we find our- selves necessitated hereunto, in respect of our relation, or occasion we have, or may have, with any of the natives in these parts, knowing ourselves sufficient defence, and able to judge in any matter or cause in that respect ; but have just cause of jealousy and suspicion of some of His Majes- ty's pretended subjects. Therefore our desire is, to have our matters and causes heard and tried according to his just and equall lav/es, in that way and order His Highness shall please to appoint : Nor can we yield over ourselves unto any, that are subjects themselves in any case ; having ourselves been the chief Sachems, or Princes successively, of the country, time out of mind ; and for our present and lawfull enacting hereof, being so farre remote from His Majestie, wee have, by joynt consent, made choice of foure of his loyall and loving subjects, our trusty and well-beloved friends, Samuel Gorton, John Wickes, Ran- dall Houlden and John Warner, whom we have deputed, and made our lawfull Attornies or Commissioners, not only for the acting and performing of this our Deed, in the be- halfe of his Highnesse, but also for the safe custody, care- full conveyance, and declaration hereof unto his grace : being done upon the lands of the Nanhigansett, at a Court or Generall Assembly called and assembled togeth- er, of purpose, for the publick enacting, and manifestation hereof. And for the further confirmation, and establising of this our Act and Deed, wee, the abovesaid Sachems or Princ- es, have, according to that commendable custome of Eng- lishmen, subscribed our names and sett our seals hereunto, as so many testimonies of our fayth and truth, our love and loyalty to that our dread Soveraighne, and that ac- cording to the Englishmen's account. Dated the nine- 136 RHODE ISLAND COLONY RECORDS. 1644. teentli day of Aprill, one thousand six hundred and forty- ^'-*^^'^*- four. PESSICUS, his marke, Chief ^'^^ —j^ Sachem, and successor of that '"""^ late deceased Miantonomy. ^ The marke of that ancient CO- p NANICUS, Protector of that late ^ deceased Miantonomy, during the -;;7;^'xi time of his nonage. The marke of ]MIXAN, son and ^|iii heirc of that abovesaid Conanicus. Witnessed by two of the chicfe counsellors to Sachem Pessicus. AWASIIOOSSE, his marke, iS Indians. ^ TOMANICK, I his marke. I ^_ — Sealed and delivered, in the presence of these persons : f CHRISTOPHER HELME, English. <; ROBERT POTTER, [ RICHxiRD CARDER. Here folio weth a copy of a letter sent to the Massachu- setts, by the Sachems of the Narragansetts, (shortly after their subjection to the State and Government of Old England) they being sent unto by the Massachusetts, to make their appearance at their General Court, then ap- proacing. We understand your desire is, that we should come downe into the Massachusetts, at the time of your Courte, now approaching. Our occasions at this same time are very great ; and the more because of the loss (in that manner) of our late deceased brother, upon which occa- MISCELLANEOUS DOCUMENTS. 137 sion, if we should iijt stir ourselves, to give testimony of 1644. our faithfuiness unto the cause of that our so unjust clepri- ^^-^-^v— a.-- vation of such an instrument as he was amongst us, for our common good, we should fear his blood would lie upon ourselves ; so that we desire of you, being we take you for a wise people, to let us know your reasons why you seem to advise us as you do, not to go out against our so inhuman and cruel adversary, who took so great a ransom to release him, and his life also, when that was done. Our brother was willing to stir much abroad to converse with men, and we see a sad event at the last thereupon. Take it not ill, therefore, though we resolve to keep at home, (unless some great necessity calls us out,) and so, at this time, do not repair unto you, according to your re- quest. And the rarher because we have subjected our- selves, our lands and possessions, with all the rights and inheritances of us and our people, either by conquest, vol- untary subjection or otherwise, unto that famous and hon- orable government of that Royal King, Charles, and that State of Old England, to be ordered and governed accord- ing to the laws and customs thereof ; not doubting of the continuance of that former love that hath been betwixt you and us, but rather to have it increase, hereby being subjects now (and that with joint and voluntary consent), unto the same King and State yourselves are. So that if any small things of difference should fall out betwixt us, only the sending of a messenger may bring it to right again ; but if any great matter should fall (which we hope and desire will not, nor may not), then neither yourselves, nor we are to be judges ; and both of us are to have re- course, and repair unto that honorable and just Govern- ment ; and for the passage of us or our men, to and again amongst you, about ours or their own occasions, to have commerce with you, we desire and hope they shall have no worse dealing or entertainment than formerly we have had amongst you, and do resolve accordingly to give no worse respect to you or yonrs, than formerly you have I.RS RHODE ISLAND COLONY RECORDS. 1S44. found amongst us, according to the condition and manner -^^^^^^ of our country. Navrangansett, this present Ma,y the 24th, 1644, PESSICUS, ^*4j'*^^IIis marke. CONANICUS, I His marke. ^4 true copy of a Letter sent to the Massachusetts, at a Gen- eral Court, held shortly after the submission of the people of the Narragansetts unto the State of Old England, by the Commissioners put in trust for the further publication of their solemn Act. These are to let you understand, that since you expelled us out of your coasts, the Sachems of the Narragansett, have sent for certain men of the King's Majesty's subjects, and upon advised counsel amongst themselves, (a General Assembly being called of purpose for that end) they have jointly, voluntarily, and with unanimous consent, submit- ted and subjected themselves, with their lands and posses- sions inherited by lineal descent, voluntary subjection, right of conquest, purchase or othei-wise, wdiatever lands or privileges appertain and bolong unto them, unto that hon- orable and famous Prince, Charles, King of Great Britain and Ireland, in that renowned State and Government of Old England, to be ruled and ordered, according to those honorable laws and customs, in themselves and their suc- cessors forever, which is performed and done, in that sol- MISCELLANEOUS DOCUMENTS. 1^9 emn, durable and commendable custom of record, under 1644. divers and several hands and seals, witnessed sufficiently, '^-*^-'-*- both by the Natives and English, solemnly delivered and received on His Majesty's behalf, holding correspondence with the laws and customs of that honorable State of Old England in all points. We thought good, therefore, to give you notice hereof, at your General Court now assem- bled, that it may serve to inform yourselves, and all your United Colonies, of the performance of this act done, without any further pains or trouble ; that so not ourselves only, that are eye and ear witnesses hereof (but you also), may follow^ our occasions and employments, without any extraordinary care or fear of the people abovesaid, to offer to make any inroad, or give any assault upon us. But with that indignity offered and done unto their sovereign, which cannot be borne nor put up, without a sharp and princely revenge, nor may we upon the like penalty, offer to disturb them in their bounds and territories, in their or- dinary and accustomed employments among themselves, or with any of their neighboring natives, whose grounds of proceeds, causes and occasions are better known unto themselves, than we can be able to judge of. But if either you or we find any thing amongst them too grievous to be borne, they not making any violent assault upon us, we know whither and to whom we are to repair, and have recourse for redress, as we tender our allegiance and sub- jection unto our King and State, unto which they are become fellow subjects with ourselves ; and therefore, of necessity. His Majesty's princely care must reach unto them. Furthermore, that it may appear, that our deal- ings* towards you, and all men, have been and shall prove just and true, whatever your dealings may or have mani- fested themselves to be towards us ; know therefore, that being abroad of late, about our occasions, we fell to be where one of the Sachems of that great people of Mauk- quogges was, with some of his men, whom we perceive are the most fierce and warlike people in the country, or 10 140 RHODE ISLAND COLONY RECORDS. 1 644. continent where we are, furnished with 3700 guns — men ^-*'"^'"*^' expert in the use of them, plenty of powder and shot, with furniture for their bodies in time of war for their safety, which our natives have not. We understand that of late they have slain a hundred French, with many Indians, which were in league with the French, putting many of them to cruel tortures ; and have lost but two of their own men. These being, as we understand, deeply affected with the Narragansetts, in the loss of their late Sachem, unjust detaining also of so great a ransom, given and re- ceived for his life ; and else are resolved (that if any people offer to assault them in their accustomed courses amongst the natives, or seeking after their ancient rights and privileges, not offering wrong to any of His Majesty's subjects, nor violating their subjection to that noble State, which they seem to respect, and much to adore) to wage war with them unto the uttermost, which it seems is the very spirit of that people to be exercised that way ; which, as we desire to make use of it ourselves, so do we hereby give notice to you also, to make the best use of it unto yourselves, in all your colonies united. By us, the true and lawful owners of Shawomet. JOHN WARNER, Secret. June the 20th, 1644. RECORDS OP THE COLONY or RHODE ISLAND, AND PKOVIDENCE PLANTATIONS, UNDER THE FIRST CHARTER. 1647 TO 1663 = RECORDS OF THE COLONY OF RHODE ISLAND. 143 P»A.TEISrT PROVIDENCE PLANTATIONS Whereas by an Ordinance of the Lords and Commons, 1647. now assembled in Parliament, bearing Date the Second ^--'•^^'-^ Day of November, Anno Domino 1643, Robert Earl of Warwick, is constituted, and ordained Governor in Chief, and Lord High Admiral of all those Islands and other Plantations inhabited or planted by, or belonging to any His Majesty the King of England's Subjects, (or which hereafter may be inhabited and planted by, or belonging to them) within the Bounds, and upon the Coasts of America. And whereas the said Lords have thought fit, and thereby ordained, that Philip Earl of Pembroke, Ed- ward Earl of Manchester, William Viscount Say and Seal, Philip Lord AVharton, John Lord Rolle, Members of the House of Peers. Sir Gilbert Gerrard, Baronet, Sir Ar- thur Haslerig, Baronet, Sir Henry Vane, jun.. Knight, Sir Benj'amin Rudyard, Knight, John Pim, Oliver Crom- well, Dennis Bond, Miles Corbet, Cornelius Holland, Samuel Vassal, John Rolle, and Wm. Spurstow, Esqrs., Members of the House of Commons, should be Commis- sioners, to join in Ai(l and Assistance Avith the said Earl. And whereas for the ly^Mer Government and Defence, it is thereby ordained, th^t the aforesaid Governor and Commissioners, or the greater Number of them, shall 144 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. have Power, and Authority from Time to Time to nomi- "-^"^■"""^^nate, appoint, and constitute all such subordinate Gov- ernors, Counsellors, Commanders, Officers, and Agents, as they shall judge to be best affected, and most fit and serviceable for the said Islands and Plantations ; and to provide for, order and dispose all Things, which they shall, from Time to Time, find most advantageous for the said Plantations ; and for the better Security of the Owners and Inhabitants thereof, to assign, ratify, and confirm, so much of their afore-mentioned Authority and Power, and in such Manner, and to such Persons as they shall judge to be fit for the better governing and preserving of the said Plantations and Islands, from open Violences and private Disturbances and Distractions. And whereas there is a Tract of Land in the Continent of America aforesaid, called by the Name of the Narragan- set-Bay ; bordering Northward and Northeast on the Patent of the Massachusetts, East and Southeast on Plymouth Patent, South on the Ocean, and on the West and Northwest by the Indians called Nahigganneucks, alias Narragansets ; the whole Tract extending about Twenty-five English Miles unto the Pequot River and Country. And whereas divers well affected and industrious Eng- lish Inhabitants, of the Towns of Providence, Portsmouth, and Newport in the tract aforesaid, have adventured to make a nearer neighbourhood and Society with the great Body of the Narragansets, which may in Time by the blessing of God upon their Endeavours, lay a sure Foun- dation of Happiness to all America. And have also pur- chased, and are purchasing of and amongst the said Na- tives, some other Places, which may be convenient both for Plantations, and also for building of Ships, Supply of Pipe Staves and other Merchaij^^'^-^e. And whereas the said English, have represented eir Desire to the said Earl, and Commissioners, to ha^e their hopeful Begin- nings approved and confirmed, by granting unto them a AND PROVIDENCE PLANTATIONS. 146 Free Charter of Civil Incorporation and Government ; 1647. that they may order and govern their Plantation in such '•^'^'^-'^•*-^ a Manner as to maintain Justice and peace, both among themselves, and towards all Men with whom they shall have to do. In due Consideration of the said Premises, the said Robert Earl of Warwick, Governor in Chief, and Lord High Admiral of the said Plantations, and the greater Number of the said Commissioners, whose Names and Seals are here under-written and subjoined, out of a Desire to encourage the good Beginnings of the said Planters, Do, by the Authority of the aforesaid Ordinance of the Lords and Commons, give, grant, and confirm, to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and Newport, a free and absolute Charter of Incorporation, to be known by the Name of the Incorpora- tion of Providence Plantations, in the Narraganset-Bay, in New England. Together with full Power and Au- thority to rule themselves, and such others as shall here- after inhabit within any Part of the said Tract of land, by such a Form of Civil Government, as by voluntary con- sent of all, or the greater Part of them, they shall find most suitable to their Estate and Condition ; and, for that End, to make and ordain such Civil Laws and Constitu- tions, and to inflict such punishments upon Transgressors, and for Execution thereof, so to place, and displace Offi- cers of Justice, as they, or the greatest Part of them, shall by free Consent agree unto. Provided nevertheless, that the said Laws, Constitutions, and Punishments, for the Civil Government of the said Plantations, be conform- able to the Laws of England, so far as the Nature and Constitution of the place will admit. And always reserv- ing to the said Earl, and Commissioners, and their Suc- cessors, Power and Authority for to dispose the general Government of that, as it stands in Relation to the rest of the Plantations in America as they shall conceive from Time to Time, most conducing to the general Good of the said Plantations, the Honour of his Majesty, and the Ser- 146 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. vice of the State. And the said Eaii and Commissioners, -*"'"*^do further authorize, that the aforesaid Inhabitants, for the better transacting of their public Affairs to make and use a public Seal as the known Seal of Providence- Plantations, in the Narraganset-Bay, in New-England. In Testimony whereof, the said Robert Earl of V/arwick, and Commissioners, have hereunto set their Hands and Seals, the Fourteenth Day of March, in the Nineteenth Year of the Reign of our Sovereign Lord King Charles, and in the Year of our Lord God, 1643. Robert Warwick, H. Vane, Philip Pembroke, Sam. Vassall, • Say and Seal, John Rolle, P. Wharton, Miles Corbet, Arthur Haslerig, W. Spurstow. Cor. Holland, AND PROVIDENCE PLANTATIONS. Acts and Orders Made and agreed upon at the Generall Court of Election, held at Portsmouth, in Rhode Island, the 19, 20, 21 of May, Anno. 1647, for the Colonie and Province of Providence. Mr. John Cop-sreshall is chosen Moderator of the present Moderator. O" A Imprimis. Assembly. 2. It was Voted and found, that the major parte of the '^"^■"'"" Colonie was present at this Assemblie, whereby there was full power to transact. 3. It was further agreed, that in case the Assemblie departe unto the number of Fortie ; those fortie shall stay and act as if the whole were present, and be of as full au- thoritie. 4. It was a2;reed, that all should set their hands to au^ engagement to the Charter. "'''"*• 5. It was agreed and ordered, that a week before any General General Courte, notice should be given to every Towne by the head officer, that they chuse a Committee for the'^"**'*- Transaction of the affaires there, except it bee for the Election of Generall Officers ; and such as go not, may send their votes sealed. 6. It was ordered, upon the request of the Commis- Towne^"*^* sioners of the Towne of Providence, that their second in- struction should be granted and established unto them, Viclg't. Wee do voluntarily assent, and are freely wil- ling to receive and to be governed by the Lawes of Eng- land, together with the way of the Administration of them, soe far as the nature and constitution of this Plantation will admit, desiring (soe far as possible may be), to hold a correspondence with the whole Colonie in the modell that hath been latelie shewn vnto us by our worthy Friends of the Island, if the Generall Courte shall Bulk of Lawes. 148 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. compleat and confirm the same, or any other Modell as ^--'-v-^-^ the Generall Courte shall agree vpon according to our Charter. 7. It was unanimously agreed. That we do all owne and submit to the Lawes, as they are contracted in the Bulke with the Administration of Justice, according thereto, which are to stand in force till the next Generall Courte of Election, and every Towne to haA^e a Coppie of them, and then to present what shall appeare therein not to be suitable to the Constitution of the place, and then to amend it. Warwick. 8. It was agreed, that Warwick should have the same priviledges as Providence. 9. It was agreed, that the Generall Courte of Try all should be held at Newport vpon the second Tuesday of June next ensuing. 10. It was agreed, that the Election of Officers should be by papers. Mr. John Coggeshall is chosen President of this Prov- ince, or Colonic. Mr. Koger Williams is chosen Assistant of Providence, Mr. John Samford is chosen Assistant of Portsmouth, Mr. Wm. Coddington is chosen Assistant of Newport, Mr. Randall Holden is chosen Assistant of Warwick, William D}re is chosen Gen. Recorder, Mr. Jeremy Clerke is chosen Treasurer. Repealed. H- It IS Ordered, that all cases presented, concerning General Matters for the Colony, shall be first stated in the Townes, Vigd't, That is, when a case is propounded, The Towne where it is propounded shall agitate and fully dis- cuss the matter in their Towne Meetings and conclude by Vote ; and then shall the Recorder of the Towne, or Towne Clerke, send a coppy of the agreement to every of 2^ ^ 5 AND PROVIDENCE PLANTATIONS. 149 the other three Townes, who shall agitate the case like- 1647. wise in each Towne and vote it, and collect the votes. ^— »-v-*-^ Then shall they commend it to the Committee for the General Courte (then a meeting called), who being assem- bled and finding the Major parte of the Colonic concurring in the case, it shall stand for a Law till the next Generall Assembly of all the people, then and there to be consid- ered, whether any longer to stand yea or no ; Further it is agreed, that six men of each Towne shall be the num- ber of the Committee premised, and to be freely chosen. And further it is agreed, that when the General Courte thus assembled, shall determine the cases before hand thus presented, It shall also be lawful for the said General Court, and hereby are they authorized, that if vnto them or any of them some case or cases shall be presented that may be deemed necessary for the public weale and good of the whole, they shall fully debate, discuss and de- termine y'' matter among themselves ; and then shall each Committee returning to their Towne declare what they have done in the case or cases premised. The Townes then debating and concluding, the votes shall be collected and sealed up, and then by the Towne Clarke of each Towne shall be sent with speed to the General Re- corder, who, in the presence of the President shall open the votes ; and if the major vote determine the case, it shall stand as a Law till the next General Assemblie then or there to be confirmed or nullified. 12. It is ordered, that the Courte of Election shall al- Election. way be held upon the first Tuesday after the 15th of May, TryaiiTotes. annually, if wind or weather hinder not. Then the Gen- eral Court of Tryall immediately to succeed vpon the dis- solving of the said General Court, Vidg't : the next day ; and that the next General Court of Election shall be held at Pro\'idence Towne. Further, it is, agreed, that foras- much as many may be necessarily detained, that they can- not come to the General Court of Election, that then 150 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. they shall send their votes sealed up unto the said Court, '-^"^'■"^' which shall be as effectual as their personal appearances. Receipts. ^ ^ *• Bnrveyorsof 13. It is ordcrcd, that each Towne shall choose and anf cluie' ordcr y° authoritie of two Surveyors for the Highways, ported. ajj(] appoint time to mend them ; also that they are to have notice of all cattle that shall be exported, and returne the marks of them unto the Towne ; and if any shall pre- sume to export any without giving notice of it to the men appointed, or their Deputies, he shall forfeit all such Cat- tle so exported, or the worth of them. 14. It is ordered, that the Inhabitants of Portsmouth and Newport here present doe presently choose their offi- cers of the Island ; but that this act shall be no precedent for the future, but that the constant course of choosing shall be hereafter, when as the year is out, as the Major votes of the Townes of Portsmouth and Newport shall or- der it sometimes before the year be out, in some peacea- ble and moderate way which they shall agree upon. The engagement of the Officers. You, A. B , being called and chosen vnto public employment, and the office of , by the free vote and consent of y® Inhabitants of the Province of Providence Plantations (now orderly met), do, in the present Assem- blie, engage yourself faithfully and truly to the utmost of your power to execute the commission committed vnto you ; and do hereby promise to do neither more nor less in that respect than that which the Colonie [authorized] you to do according to the best of your understanding. The Reciprocal engagement of the State to \f Officers. We, the Inhabitants of the Province of Providence Plantations being here orderly met, and having by free vote chosen you , to public office and officers for the AND PROVIDENCE PLANTATIONS. 151 due administration of Justice and the execution thereof 1647. throughout the whole Colonic, do hereby engage ourselves ^^""--^•^ to the utmost of our power to support and vphold you in your faithful performance thereof. 15. It is ordered, that the Councills of Newport and Portsmouth,- shall consult and agree how and in what manner (within these thirtie dayes) the monthly and quar- terly Courts shall be ordered, and who shall sit therein ; further, it is agreed, that all cases depending shall be heard and issued at the next Generall Court of Tryall. 16. It is ordered, that the Townes shall appoint men to view all Goates and Swine killed or to be killed, and shew the eare markes of them unto the said persons or one of them, whereby it may appeare to be their own ; and if any shall presume to conceale eyther Swine or Goats so killed or to be killed, shall forfeit five pounds ; one half to the State, the other to him that will sue for it, eyther by action or bill. It shall be lawfull also, for those that are appointed to the service being necessarily detayned, to make, constitute, and appoint a Deputie. 17. It is. ordered, that John Cooke and Thomas Brownell, are chosen Water Bailies for the Colonic. 18. It is ordered, that the Seale of the Province ppi shall be an Anchor. ^^ 19. It is ordered, that the Councils of the Townes consisting of six men shall be chosen at their next Towne Meetings. 20. It is ordered, that the Sea Lawes, otherwise Laws of o(«- called the Lawes of Oleron, shall be in force among us for the benefit of Seamen (vpon y^ Island), and the Chief Of- ficers in the Towne shall have power to summon the Court and determine the cause or causes presented. 21. It is ordered, that none shall goe out of the Court without leave ; or if any do depart, he shall leave his vote behind him, that his power remain, though his person be absent. 22. It is ordered, forasmuch as Mr. Roger Williams 152 RECORDS OF THE COLONY OE RHODE ISLAND, 1647. hath taken great paines and expended much time in the ^-*''^'"*-' obtayninge of the Charter for this Province of Noble Lords and Governors ; be it enacted and established, that in regard of his so great travaile, charges and good en- deavours, we do freely give and grant to the said Roger Williams one hundred pounds, to be levied out of the three towns, Vidg't.: Fifty pounds out of Newport, thirtie pounds out of Portsmouth, and twentie pounds out of Provi- dence, which rate is to be levied and paid in by the last of November next. Trading 23. It is ordcrcd, that forasmuch as there are some re- House at mo^be' niote places inhabited and possessed within our Charter, Newport. ^^^ ^j. -^ ^^^^^^ uccossary that a vigilant eye be had over them, it is ordered, thatNew^port shall take into their cus- tody the Trading house or houses of the Nnrragansett Bay ; Portsmouth to take in Prudence ; and Patuxet shall be left to their choice, whether they will have Provi- dence, Portsmouth or Newport over them. And it is or- dered, that the Officers of each Towne shall have full power and authoritie in them or eyther of them, according to their precincts, by this present Court assyned. 24. It is ordered, that there is free Libertie granted for the free Inhabitants of y*" Province (if they will) to erect an Artillery Garden, and those that are desirous to advance the Art Military, shall have freedom to exercise themselves therein, and to agree of their forme, and choose their ofi&cers, as they shaU agree among them- selves. 25. Provided, shall choose their officers after the 15th of June next, vpon paine of forfeiting Tenn pounds a Town, if neglected. 26. It is ordered, that in cases of necessity without the bounds of the Townes, a special officer for y" execution of Justice, may be authorized by any of the Generall Of- ficers for a general case. 27. It is ordered, that y® General Officers shall write AND PROVIDENCE PLANTATIONS. 153 to tlie Bay about Patuxet Inhabitants ; and also write to 1647. the Inhabitants thereof to owne and choose the Govern- ^-^-^-^^ ment of the Province. 28. It is ordered, that the Dutch, French or other AUiants, or any Englishman inhabiting among them, shaU pay the like customs and duties, as we doe among them for all such goods as shall be imported for the English, excepting beaver. Also, we do absolutely prohibit them or any of them to trade or barter with the Indians within our Jurisdiction, upon paine of forfeiture of Shipp and Goods ; and this to take effect after due notice given. The Generall Officers are ordered to write to the Dutch Governor, and upon the returne of the answer it shall be commended to the Townes to consider of. 29. It is ordered, that all y" Inhabitants in each Towne shall choose their Military Officers from among themselves on the first Tuesday after the 12th of March ; and that eight severall times in the yeare, the Bands of each plantation or Towne, shall, openlie in the field, be ex- ercised and disciplined by their Commanders and Officers, in the months of May, August, January and February excepted ; and on the first Monday of y"* other months, all the Train Bands to make their personal appearances completely armed, to attend their colors, by 8 o'clock in the morning, at the second beate of y° Drum ; and if any appear not, they shall forfeit and pay five shillings into the hands of the Clark of y*" Band ; and if any shall come defective in his Armes or furniture, he shall forfeit and pay y'* sum of twelve pence, after the Town Council ^^^^ have caused them to be supplied; and that all men whoJ;j;rher shall come and remaine y^ space of twenty days, shall be i^ic^tton of' •j-iii p • • !• r>ji- T -T-k somemat- hable to y** injunction of this order ; Provided, herdsmen, ^^^;|^^;«^^^^- lighter-men and such as be left of necessity at Farmes, by ifirmod an Act shall pay two shillings and sixpence for every dayes ab- General ® sence : And that the two Chief officers in each Towne, to ^ie^heid witt : one of the Commonweale, the other of the Band, momh," upon the exhibition of the complaint by y° Clark (which wimsst! RECORDS OF THE COLONY OF RHODE ISLAND, 1647. shall be within three dayes after the fault committed), --'"^'''^-^ shall judge and determine of y'' reasons of the excuses, who, upon the hearing thereof, shall determine whether every such person shall pay five shillings ; two shillings and sixpence, or nothing ; and according as they find any defective, shall give their warrants to y" Clark to distraine their Goods if they shall refuse to pay what is ordered. And if the Clarke shall neglect to gather up what is or- dered, he shall forfeit and pay so much into the hands of the Captain, the next training day ; And that all the fines and forfeitures shall be employed to the use and ser- vice of the Band. And the Towne Councils shall have power to cause those which are defective in armes, to be supplied in an equal way according to Estate and strength. And if any of y'' Traine Band after his ap- pearance shall refuse or neglect the command of his Cap- tain, to be exercised and disciplined, he shall forfeit as much as if he had not appeared : And that the Town Council shall order the power of the Military Officers within the Towne, and in all cases that concerne y" whole, the President and y° foure assistants, and y^ Captains of every Band shall be the Councill of Warr ; that if any of the Officers of y° Band be at any time left out, they shall beare Armes again, for y'' Constitution of our place will not beare the contrary : that every Inhabitant of the Island above sixteen or under sixty yeares of age, shall alwayes be provided of a Musket, one pound of powder, twenty bullets, and two fadom of Match, with sword, rest, bandaleers all completely furnished. n Alarum 30. H [s ordcrcd, that in regard of y° many incur- sions that we are subjected vnto, and that an Alarum for y® giving of notice thereof is necessary when occasion is offered. It is agreed, that this form be observed, Vidg't : Three Muskets distinctly discharged, and a Herauld ap- pointed to go speedilie threw the Towne, and crie, Alarum ! Alarum ! ! and the Drum to beate incessantly ; upon which, all to repair (upon forfeiture as the Town AND PROVIDENCE PLANTATIONS. 155 Councill shall order) unto the Town House, ther to re- 1647. receive information of the Town Councill what is fjirther ^-*'^^'-«*-' to be done. 31. It is ordered and agreed, that if any person orAmunuion, persons, shall sell, give, deliver, or any otherwayes con-i>ouobe°' vey any powder, shott, lead, gunn, pistoll, sword, dag-'^*'*"®- ger, halberd or pike to the Indians that are or may prove offensive to this Colonic, or any member thereof, he or they, for the first offence, shall forfeit y^ sum of five pounds ; and for his second offence, offending in the same kind, and being lawfully convicted, shall forfeit ten pounds ; half to the State, and half to him that will sew for it, and no wager of Law by any means to be allowed to the offender. And, it is further ordered, that if any person shall mend or repaire their Guns, or he shall forfeit the same penaltie. 32. It is ordered, that the Towne Officers shall give their engagements in their severall Townes to y® General Of&cer in that Towne, before they execute their ofl&ce. 33. It is ordered, that if the Indians shall offer to putt away upon exchange or barter, their false peag for good, and warrant it so to be, and it be found otherwise, it shall be confiscated to the Public Treasury. 34. It is ordered, that every Towne shall have a cop- Townes to py of the Lawes and Orders, and that each Towne shall p^^^ pay for their coppy ; and also, that the Councell for the Townes shall order the fees for their Officers, and the Generall Officers shall order the fees of the General Offi- cers : Provided, that nothing already concluded in the Bulck of Lawes be any wayes crossed or envaded. 11 have coi. iesof the wes. RECORDS OF THE COLONY OF RHODE ISLAND^ For the Province of Providence. Forasmuch as we have received from our Noble Lords and Honored Governours, and that by virtue of an ordi- nance of the Parliament of England, a free and absolute Charter of Civill incorporation, &c. Wee do joyntlie agree to incorporate ourselves, and soe to remaine a Body Politicke by the authoritie thereof, and therefore do de- clare to own ourselves and one another to be Membei-s of the same Body, and to have right to the Freedome and priviledges thereof by subscribing our names to thess words, following : Vidg't. Wee, whose names are here vnder written, doe engage ourselves to the vttmost of our Estates and Strength, to mainteyne the authority and to enjoy the Libertie granted to vs by our Charter, in the extent of itt according to the Letter, and to mainteyne each other by the same authori- tie, in his lawfull right and Libertie. And now sith our Charter gives vs powre to governe Democr»cia oursclvcs aud such other as come among vs, and by such a forme of Civill Government as by the Voluntarie consent, &c., shall be found most suitable to our Estate and con- dition, It is agreed, by this present Assembly thus incorporate, and by this present act 'declared, that the forme of Gov- ernment established in Providence Plantations is Demo- CRATiCALL ; that is to say, a Government held by y'' free and voluntarie consent of all, or the greater parte of the free Inhabitants. And now to the end that we may give, each to other, (notwithstanding our different consciences, touching the truth as it is in Jesus, whereof, upon the point we all make mention), as good and hopeful assurance as we are able, touching each man's peaceable and quiett enjoyment AND PROVIDENCE PLANTATIONS. 157 of his lawfull right and Libertie, we doe agree vnto, and 1G47. by the authoritie above said, Inact, establish, and con- ^-'•^'-'^' firme these orders following. Touching Lawes. to I. ■ That no person, in this Colonic, shall be taken or im-^^-^^^^e prisoned, or be disseized of his Lands or Liberties, or be^"""-^'" Exiled, or any other otherwise molested or destroyed, but by the Lawfull judgment of his Peeres, or by some known Law, and according to the Letter of it, Ratified and con- firmed by the major part of the Generall Assembly law- fully met and orderly managed. 2. That no person shall (but at his great perill), pre- officers, sume to beare or execute any office, that is not lawfully called to it, and confirmed in it ; nor though he be lawful- ly called and confirmed, presume to doe more or less than those that had powre to call him, or did authorize him to doe. 3. That no Assembly shall have powre to constitute'^'*'"'"' any Lawes for the binding of others, or to ordaine Offi- cers for the execution thereof, but such as are founded upon the Charter and rightlie derived from the General Assemblie, lawfully met and orderly managed. 4. That no person be employed in any service for the Publick Administration of Justice and Judgment vpon of- fenders, or between Man and Man, without good encour- agement, and due satisfaction from the Publick, eyther out of the common stock, or out of the stocks of those that have occasioned his service ; that so, those that are able to serve, may not be unwilling, and those that are able and willing, may not be disabled by being overbur- thened. And then, in case a man be called vnto Office by a lawfull Assemble, and refuse to beare office, or be called by an officer to assist in the execution of his office, and refuse to assist him, he shall forfeit as much again as his wages would have amounted unto, or be otherwise 158 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. fined by the jadgment of his Peers, and to pay his fine '-•'"~^'"*^ or forfeiture, unless the Colony, or that lawful Assembly Laws to be . r> • i i made accord j-Q^gj^se Yi'mi, But m caso of eminent danger, no man ing to the o Enirandas shall rofuse. ck>lllitntfon And now, forasmuch as our Charter gives us powre to will bears, niako such Lawes, Constitutions, Penalties and Officers of Justice for the execution thereof as we, or the greater part of vs shall, by free consent, agree vnto, and yet does premise that those Lawes, Constitutions, and Penal- ties soe made shall be conformable to the Lawes of Eng- land, soe far as the nature and constitution of our place will admit, to the end that we may show ourselves not only unwilling that our popularity should prove (as some conjecture it will,) an Anarchic, and so a common Tyran- ny, but willing and exceedingly desirous to preserve every man safe in his person, name and estate ; and to show ourselves, in soe doing, to be also vnder authoritie, by keeping within the verge and limitts prescribed us in our Charter, by which we have Authoritie in this respect to act ; Wee do agree and by this present act determine, to make such Lawes and Constitutions soe conformable, &c., or rather to make those Lawes ours, and better known among us ; that is to say, such of them, and so farr, as the nature and constitution of our place will admit. Touching the Common Law. It being the common right among common men, and is Tf'r^'aws profitable eyther to direct or correct all, without exception ; be made' " and it bclug true, which that Great Doctor of the Gen- tiles once said, that the Law is made or brought to light, not for a righteous man, who is a Law vnto himselfe, but for the Lawless and disobedient in the Generall, but more particularly for murderers of Fathers and Mothers ; for Manslayers, for whoremongers, and those that defile themselves with mankind ; for Menstealers, for Lyars and perjured persons, vnto which, vpon the point, may be re- AND PROVIDENCE PLANTATIONS. 159 duced the common Law of the ReaUne of England, the 1647. end of which is, as is propounded, to preserve every man ^-^-v-*-' safe in his own person, name and estate ; Wee doe agree to make, or rather to bring such Lawes to light for the di- rection or correction of such lawless persons, and for their memories sake to reduce them to these five generall Lawes or Heads ; viz.: 1. Under that head of murdering Fathers and Moth- ers, being y" highest and most unnatural, are compre- hended those Lawes that concerne High Treason, Pettie Treason, Rebellion, Misbehaviour, and their accessaries. 2. Under the Law for Manslayers, are comprehended those Lawes that concerne Self-murder, Murder, Homi- cide, Misadventure, casual death, cutting out the Tongue or Eyes, Witchcraft, Burglarie, Robberie, Burning of Houses, Forcible entryes. Rescues and Escape, Riotts, Routs and Unlawfull Assemblies, Batteries, Assaults and Threats and their accessaries. 3. Under the Law for Whoremongers, and those that defile themselves with mankind, being the chief of that nature, are comprehended those Lawes that concerne Sodomie, Buggerie, Rape, Adulterie, Fornication, and their Accessaries. 4. Under the Law for Menstealers, being the chief of that nature, are comprehended those Lawes that concern Theft of men, Larcenie, Trespasses by Men or beasts, Fraudulent dealing by deceitfall bargaine, Covenants, Conveyances by Barratrie, Conspiracie, Champertie and Maintenance, by forging or rasing Records, Writs, Deeds, Leases, Bills, &c., and by using fallse weights and mea- sures and their accessaries. 5. Under the Law for Lyars and perjured persons, be- ing the chiefe of that nature, are comprehended such as concerne perjurie itselfe, breach of covenant. Slander, False witnesse-bearing, and their accessories. And as necessary concomitants hereof, to prevent Mur- der, Theft and Perjury, We do joyntlie agree in this pres- 160 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. ent Assemblie, to make or produce such Lawes as concerne ^-^"-^^"^^ provision for the poore, soe that the impotent shall be mainteyned and the able employed. And to prevent Poverties, it is agreed, that such Lawes be made and pro- duced as concernes y'' ordering of Alehouses, and Taverns, Drunkenness and unlawfull gaming therein ; and instead of such to propagate Archerie, which is both man-like and profitable ; and to prevent whoredom and those evils be- fore mentioned, it is agreed by this present Assemble to constitute and establish some ordinance touching Marri- age, Probate of Wills, and Intestates. ^& Touching Murdering of Fathers and Mothers. ihtiearon ^^^^ ^I'^t of High Trcasou ; It is agreed and deter- mined by the wisdome of the State of England, vnder whose command we are, in the first and chiefest place, to forbid High Treason, and to declare that it is a grievous offence done or attempted against that State Regall, vidg't.: against the King (who is acknowledged the com- mon Father of the Countrie, in his person, Queene and Children, Authoritie, and Realme which is the common Mother of us all) soe that to seek the destruction of this common Father and Mother, is put first, as the most capi- tall Transgression against men, and is called by the name of High Treason. See 25 : Ed. 3, 2. Misprison of Treason is declared to be when a man con- cealeth and keepeth close. Treason, but consenteth not therto : 5 Ed. 6,11. In these there are no accessories ; all are principalis : 5 Hen. 7: 10. The penal tie for mispris- on of Treason, a man is to forfeit to the King goods and chattells for ever ; the profit of lands during life with perpetuall imprisonment. 3 Hen, 7: 2. For High Treason (if a man) he being accused by two lawfuU witnesses or accusers, 1 Edw. 6: 11, shall be drawn upon a Hurdell vnto the place of Execution, and there shall be hanged by the neck, cutt down alive, his AND PROVIDENCE PLANTATIONS. 161 entraills and privie members cutt from him and burned in 1647. his view ; then shall his head be cutt off and his body ^-•^<'-*-' quartered ; his lands and his goods all forfeited. 26 Hen. Viii. 13, 5 ; 5 Edw. vi. 6, 11. If a woman, she shall be drawn vpon a hurdle to the place of Execution, and there burnt. But, forasmuch as according to the Lawes of our native Land, it is provided, that all Treasons, Misprisons, and concealments of Treason done or committed out of the Realme shall be enquired of -and Tryed within the Realme, Vidg't: in the King's Bench, or else be for spe- ciall commissioners. 35 Hen. viii. 2 ; Edw. vi. 11. It is agreed, and by this present Assemblie enacted. That if any person or persons inhabiting in this Colonic, from henceforth shall committ or attempt the committing of any such grievous offence as is above said, he shall be brought before the next Generall Assembly, where being thereof lawfully convicted, he shall be sent by the Colonic vnto our Noble Lords, further to be Tryed and to receive fjr his offence as the Law shall require. Petty Treason. It is agreed, by this present Assembly, and that ac- p^^^.^ ^^^^ cording to the Law of our Land, to forbid Pettie Treason '°"- to be committed in this Colonic ; and doe declare this to be that, that we account Pettie Treason : When willful murder is committed (in the estate Economicall or house- hold order or government), vpon any subject, by any one that is in subjection and oweth faith, dutie, and private obedience to the partie murdered, as in these cases ; For a Servant, Child, Wife malitiouslie to kill, or cause to be killed, their Master, Mistress, Father, Mother or Hus- band ; this is Pettie Treason ; and hereunto we add, that in any case man malitiouslie kill any Judge of Record among vs ; or in case any man among vs betray this Colo- nic and Grovernment into the hands of others, these shall be adjudged Pettie Treason : And further wee doe de- .162 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. clare, that the penaltie for Pettie Treason, that we are all ■^'^^'''■*^ subjected to is, the man to be drawn and hanged; the woman to be burnt alive and the accessories hanged. 12 Hen. vii. 7 ; 23 Hen. viii., 1 ; the forfeit of goods and for his lands a year and a day and the waste, and then they are to go by escheat to the Lord of the Fee. 25 Edw. iii., 2 ; only we doe declare touching this matter, that each Towne is, of good right, y*" Lord of the Fee, in respect of all y^ Lands contayned within its bounds, from whom every man hath received his Lands, which Lords being all here present in this Generall Assemblie, and conceiving the wives and children ought not to beare the iniquities of the Husbands and Parents, at least as y" case stands with us, doe therefore joyntlie agree, so farr as in vs lies, to allow the priviledge of Rent threwout the whole Colonic, and propagate that countrie proverbe in Providence Plantations, " The Father to the Bough and y*" Son to the Plow," he having first defrayed the charges about the delinquent. Ptcbellion. It is agreed and enacted by this present Assemblie, that no inferiour shall rise up or rebell against his saperiour, especially such to whom he more directlie owes Mth, dutie, and ready obedience ; it being altogether unsuita- ble to civill order, which by the authoritie of our Charter we purpose to propagate ; wherefore, we doe declare that we counte it a kind of Rebellion for a servant to threat, assault, or strike his master ; and the penaltie for a threat or assault shall be, to be bound to his good beha- viour ; for striking, especially if it be malitiouslie, to be sent to the House of Correction, there to remaine for six months, or to satisfie his master. It is allso Rebellion for a child to threat, assault, or strike his Parents, and his Penaltie shall be, to be sent to the House of Correction, there to remaine a twelve-month, or to humble himself to AND PROVIDENCE PLANTATIONS. 163 his parents' satisfaction. It is allso Rebellion to threat, 1647. assault or strike a Judge of Record ; and the penaltie to ^-— v-*^ be bound to his good behaviour, and further fined by his Peers. It is also a kind of Rebellion to withstand an ar- rest, and the execution of Judgment ; the penaltie to be bound to his good behaviour, and to be judged l)y his Peers. Misbehaviour. It is agreed by this present Assemblie, and by this act declared, that for any man to use words of contempt against a chief ofiicer, especially in the execution of his of&ce, is against good manners, and misbehaviour ; and his penaltie shall be, to be bound to appeare at the next Court, where such matters are to be Tryed : where, being lawfully convict by his Peers, he shall be bound to his good behaviour, so to remaine for three months space, or till the next Court following. Touching of Murther, and first of Self-Murder. Self-murther is by all agreed, to be the most unnatur- all, and" it is by this present Assemblie declared to be that, wherein he that doth it, kills himselfe out of a premeditated hatred against his own life, or other humour. His death being presented and thus found upon record by the Coro- ner, his goods and Chattells are the King's Custome, butt not his debts nor Lands ; butt in case he be an infant, a lunaticke, madd, or distracted man, he forfeits nothing. See Dalton, 96. Murther. It is agreed vnanimouslie, to forbid Murther threwout y^ whole Colonic, and do hereby declare that Murder is, when a Man, upon malice pretended, precedent and with 164 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. his will, doth kill another felonioiislie ; that is, with a '-''^^'^'*-' premeditated and malitious mind. And for a man to kill an Officer, or any of his aide, in the execution of his Of- fice, shall be also adjudged Murther : and so for a Thiefe to kill a true man, shall be judged Murder ; all that are present ayding and abetting are principalis, though they give never a stroke. 4 Hen. vii. 18 ; 13 Hen. vii. 10. Penaltie that we are subjected to, is Felonie of death, without Remedie ; under which is contayned loss of life for life, loss of Goods, Chattells, and Lands to the King for a yeare and a day, and ever after to the Lord of the Fee ; the last of which losses is in this Colonic remitted, the Charges which the delinquent have put the Colonic to being first duly satisfied ; butt the law for the Penaltie thereof, shall not extend to an Infant or distracted person. 23 Hen. viii., 1 ; 26 Hen. viii., 12. Manslaughter. Penaltie. Manslaughter is forbidden by this pressent Assemblie, and we do further declare, that it is the killing a man feloniouslie, to witt : with a Man's will, though without any malice forethought. The Penaltie is felonie of death, for which, by divers Lawes of England, no charter of par- don shall be granted ; yet this Law extends not to a nat- ural foole that hath not knowledge of good or evill ; nor a felonious intent ; for it is called Felonie, because it is done with a [felonious] intent ; neither doth it concerne a madd man, who is a man, as it were, without a mind ; for the saying is : an act makes not a man herein guiltie, un- less the mind be guiltie ; for Homicide, or the slaughter of a Man is commanded, as when a man is putt to death by an officer appointed thereto ; he being first attainted by dew course of Law, and sentenced by a lawfull Judge ; and this is rather called Judgment, which is the true execution of Justice ; but if any Officer or other, proceed without warrant, or not observing the due order of Law, AND PROVIDENCE PLANTATIONS. ID this is Felonie. Homicide is also tolerated by the Lawes 1G47. of England, for the necessary execution of Justice, which, ^-*^v-«* otherwise, must be left undone, as in the arrest of a Felon, and in an escape in case he will not yield him- selfe ; butt in an arrest for Trespass or debt, it must be indubitably necessary, or it shall not excuse. Homicide is also tolerated in necessary defence of a Man's selfe, goods, &c.; as when a man attempts feloniously to mur- der, or robb a man in his dwelling house, or neare any highway, horseway, or footway, or shall attempt Burgla- rie in the night, this is, according to the Lawes of the Land, justifiable in Masters, Servants, or any that do ac- companie him, for w^hich he forfeits nothing. But it is otherwise in killing a true man in the defence of his house, goods or Lands, for that is manslaughter. See Dalton. And in defence of a Man's person against a true man, there must be so great a necessity, that it must be es- teemed inevitable, or it shall not excuse, but shall be judged Felonie, although the other pursue, and, there- fore, a man being pursued by a true man must flee as farr as he can, till he be letted by wall, ditch, hedge, or oth- erwise, and yett his goods and chattels are the King's Customes. 2 Edw. iii. 2 ; 4 Edw- iii. 13 ; Doctor and Student, fol. 133 ; 28 Hen. viii. 5 ; Dalton 6: 98. Misadventure. It is agreed, and by the authoritie of this present As-Misadvcn- semblie enacted, that in case any man come to a suddaine ""^^ or untimelie death, it shall be by Officers appointed there- to, diligentlie enquired after and searched into, that so if there be iniquitie in the hands of any touching the matter, it may be found out and justice rewarded. And we do further declare, that this is Misadventure, when a man do- ing a lawfull thing, without any evill intent, happen to kill a man casualie, as that instance in the Hatchett men- tioned by that Honorable Judge of Israel setts forth in 166 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. the 19th of his 5th booke ; the first penaltie, his goods ^-^"^'^^^ hath been the King's Ciistome, because a man is slaine by Pardon ^^^^ mcanes, but putting hiniselfe vpon Tiyall he shall have a pardon of course from the Chief Judge of the Colonic, under the Seale of the Colonic, for Life and Lands. The like shall be done in Homicide by Infants, and in a man's own defence. 2 Edw. iii. 2 ; 21 Edw. iii. 5. Casual Death. Forasmuch as a man may be slaine by other casualties than by the hand of another man, as by the fall of a house, pit, or tree, or be killed by a Bull, or other Beast, we do agree, and by this act declare, that if in any of these cases, his death be procured by the default of another, it shall be judged Felonie in him. And further, we do de- clare, that in case his death by these meanes be otherwise found by the Inquest, vpon the Coroner's inquirie, the thing that occasioned his death, shall be prized, and shall be levied by the Sheriff or Sarjent, and taken as the Deo- dands are in England, and given to the Overseers for the use of the poore. 4 Edw. 1. Cutting out the Tongue, or putting out the Eyes, wee declare does deserve the paine of Felonie. See 5 Henry iv. 5. Witchcraft. "Witchcraft is forbidden by this present Assembly to be Witchcraft. i • .i • ri i • used m this Oolonie ; and the Penaltie imposed by the au- thoritie that we are subjected to, is Felonie of Death. 1 Jac. 12. Burfflarie. irglaiie. Burglarie. It is agreed by this present Assembly, to forbid it threwout the whole Colonic, and we do declare AND PROVIDENCE PLANTATIONS. 167 hereby, that this shall be judged Burglarie, Scilicit : 1G47. When one or more in the night time do breake and enter ^-=^-^*^ into a Dwelling house with an intent to robb, or do any other Felonie, where a man, his Wife, Children, or Ser- vants are, be it while they are sleeping or waking, in the same roome or in another, the partie taking or doing some- thing or nothing. This is Felonie of Death, yet it ex- tends not to Infants vnder fourteen years old, nor to poore persons that steale for Hunger ; nor to fooles, nor to madd Larcenie. men, although in the two first we do declare 'tis Larcenie. 5 Edw. vi. 9. Robberie. It is agreed by this present Assemblie, to forbid Rob-^°^''"'- berie, and we do declare it is a Felonious taking any thing from the person of a man against his Will by assault in or neare a highway or footwaye, afid in putting him in fear thereby. See 32 Hen. viii. 3 ; 1 Edw. vi. 12. It is Felonie of death without release. See 5 Edw. vi. 9. As for that Statute of 27 Eliz. 13, touching the hundreds bearing the loss, if the Robbers be not taken within forty days, in case any should plead relief thereby, we do agree and by this ordinance declare, that this does not suit the Constitution of our place, and therefore satisfaction shall not be expected from any, either Towne or Colonic, vn- less vpon notice given by the partie robbed, immediately vnto some officers of the Towne, there shall appeare a neglect in Towne or Colonic to pursue the robber by the Hue and Cry, that so he may be taken. Burning of Houses, &c. Burning of Houses is forbidden by this present Assem- Fe:onie. blie, threwout the whole Colonic, and by this present act we do declare, that the Penaltie for burning dwelling houses, or barnes having corne in them, willfully and 168 RECORDS OF THE COLONY OF RHODE ISLAND. 1647. malitiously, is determined to be felonie of death without '-*"~^''"*^^ remedy, by the authoritie to which we are subject ; nei- Frlonie. J ■> J ^ i i ther is the poore so offending mainpernable. Forcible Entry and Detainer. It is agreed by this present Assemblie, to forbid forcible entry and forcible Deteyner threwout the whole Colonie ; and further we do expressly declare, that by forcible en- try here intended, is when a Man enters into any Lands and Tenements with force of strong hand or multitude, and not in a peaceable and lawful! manner ; or enters in- to them peaceably and holds them forcibly, whether he hath right or title thereto or not. And further, we do de- clare, that the person thus offending, being (by an inquest of able men, worth to the full summ of fortie pounds a-peece) lawfully convict, he shall be imprisoned, and from thence ransomed by a fine to y^ King. And the partie grieved whose possession it is, may bring in his ac- tion of Trespass against him vpon the verdict given in, and shall recover his treble damages, 8 Hen. vi. 9, and treble costs. See Dalton ; and by a writ of restitution shall be restored unto his former Estate. Nevertheless, we do declare also, that this forcible entry intendeth not, neyther doth it extend to that force vsed in the adminis- tration of Justice ; for an Officer or conservator of the Peace may take the power of the Towne or Country to re- move forcible entry, repress riots, arrest them or send them to prison. They may hy force break open a man's house that is shutt against them, to arrest offenders being therein, for these cases following, namely : Treason, Felo- nie, Suspicion of Felonie in case of an affray in a house, or of forcible entry or deteyner ; and in all cases wherein the King and State are a partie or have interest in the business, but not in the execution of a process vpon the body or goods of any man at the suitt of any subject ; for a man's house is to himselfe, his family and goods, as a AND PROVIDENCE PLANTATIONS. 169 castle. See 13 Edw. iv. 9. Nevertheless, when any 1647. house is recovered by any action real, then the Sheriff or'-*'"^'^*^ Sarjent may break open the house and deliver possession to the plaintiff ; for after judgment it is no more (in the sight and judgment of Law) the house of the defendant or tenant. Neyther doth this forcible Deteyner intend such as by force hold their possessions which at first they en- tered peaceably upon by a right and lawful! estate and title, and have eyther they or their ancestors peaceably possesst it for the space of three years together. 8 lien. vi. 9. Otherwayes, he may be sued upon that and this statute, though he has held it twentie years by force. See Dal- ton 1, 5 ; Rich. ii. 2, 7 ; 15 Rich. ii. 2. Rescous and Escapes. It is forbidden by this present Assemblie, and backt as the other Lawes, with the authoritie of our native Countrie. See 1 Hen. vii. 6 ; I Edw. iii. 17. Moreover, we do declare, that a Rescous is a Rescuing or taking away from an officer an offender, who is attainted, imprisoned, or but arrested for treason, felonie. Debt, or Tresspass ; and we judge it but reasonable that the penaltie of such an one breach of should be, to stand in his Roome and answer the Law. 3 Edw. 1, 13. Escape by breaking of prison, if there for Felonie. 1 Edw. ii ; if for Tresspass, finable. See Dal- ton, fol. 105. And a Gailour, constable, or other officer g© at ia,rge. that hath arrested a man, and lets him goe at libertie, or out of his sight, so that he escapes, the blame shall wholly lie upon the officer, as a willful escape, and he shall an- swer for him, vnless he can take him againe. 9 Hen. iv. 12. Riotts, Routs and UnlawfuU Assemblies. It is agreed and ordered, by this present Assemblie, that no persons inhabiting in this Colonic, or cast within 170 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. the verge or limitts thereof, by a Providence, committ any ^^"^""^^ Riott, Rout, or make vp any vnhiwfull Assemblie, being most destructive to civill peace and order, and is with such vigilance v^ithstood and prevented in our native land, as these three Statutes especially will witness. 13 Hen. iv. What an un 7 - 2 Hcu. V. 8; 19 Heu. vii. 13. And to the end it semb'y is. ^^^^ appcarc vnto all what is intended here by Riotts, Routs, and vnlawfull Assemblies, we do by this present act declare, that when three persons or more shall come and assemble themselves together, to the intent to do any unlawful act with force or violence against the person of another, his possessions or goods, as to kill, beat, or hurt a man, to pull down a house, wall, or pale, ditch or hedge, wrongfully ; to enter upon another man's posses- sions, or to cut or take away corne, grass, wood, or other things wrongfully ; to meet, we say, for such an end, though they depart without doing anything, this shall be What is a J^^^g^*^^ an vnlawfull Assembly. And if, after this, they '""*• do set forward toward the execution of such an act. What a lict though they yett do nothing, this shall be judged a Rout. And in case they do no such thing in deed, to the mani- fest terror of the people, this is a Riott. Touching the Penal tie, we do declare this to be of the same nature of a forcible entrie, and therefore the Penal- tie and way of prosecution need not vary therefrom. This only is of a higher degree, and does more hazard the. peace of the place, and therefore do agree and determine, that each person for greater Riotts, being lawfully convicted, shall suffer one month's imprisonment and Tenn pounds ransome ; for Petti 3 Riotts, one fortnight's imprisonment and five pounds ransome. Such long times of imprison- ments mentioned in the Statute, 2 Hen. v. 8, suits not the constitution of our place. For a Rout, they shall be bound to their good behaviour. AND PROVIDENCE PLANTATIONS. Batterries, Assaults and Threats. It is agreed by this present Assemblie, to forbid and withstand the beginning of Evill, and of the breach of y* peace, such as Batterries, Assaults and Threats ; for threats to kill, beate or hurte another or his, beginneth the breach of peace. Assaults by offering to strike him,, although he hit him not, increaseth it ; and affraye, by beating of him, accomplisheth it. And we do by this present act declare, that they that transgress herein, vpon lawfull complaint and request of the partie grieved, shall be bound by Recognizance unto the peace with two suffi- cient sureties, and be imprisoned till he find sureties : and being bound, shall soe stand till the next court, where such matters are to be Tryed ; but in case he were bound to the peace before for these, he shall forfeit his Recogni- zance And yet we would be understood, that this is in- tended in respect of such to whom there is not allowed a naturaU or civill powre over others ; for a Father, Mas- ter, Schoolmaster, Keeper, may, with moderation correct those that are vnder them ; and the Constable, Sergeant,. Bayliff and their ayders, may strike, and yet there is no breach of peace nor of the cognizance. Moreover, we do hereby declare, that he that injureth another by strokes, the partie grieved may have his action of Batterie against him, and recover damages for loss of time, cost in healing, paine and debilitie of Body, by rea- son thereof ; and shall besides forfeit for the batterie to the State, for the hazarding thereof, as his peers shalL judge him. 35 Hen. viii. 12 ; 9 Edw. iv. 28 ; 19 Hen., vi. 31 ; 10 Edw. iv. 6. 1^ RECORDS OF THE COLONY OF RHODE ISLAND. Accessories. And forasmuch as it is commonly seen that among the Trangressions of these Lawes before sett clowne, ther have been accessories as well as principalis ; and that, as well before as after the fact, that have countenanced and en- couraged offenders before by advice, councell, perswasion, command, procurement, or consent to committ Murder, Rob- berie. Rape, Burglarie, &c.; after, by a Felonious, and vol- untarie receiving, relieving comforting, ayding and assisting such persons known to be transgressors in that kind ; it is therefore agreed, and ordered by this present Assembly, that accessaries before the fact, if present when the fact is com- mitted, are all principalis, though they did nothing. See 11 Hen. iv. ; if absent, yett are they all Felons, the Felo- nie being committed. And in matters that are not Felo- nie. such accessaries are rather more culpable than the principalis ; for the Rule is in our English Lawes, that the author offends more than the other. We do also agree, that accessaries after the offence, eyther before At- tainder (by verdict, confession or otherwise), or after, shall be severely fined ; which yet extends not to any, towards another while he is in prison, or under baile, nor to a Wife towards her husband. See Stamford, 26. Touching Whoremongers. First of Sodomie, which is forbidden by this present As- semblie threwout the whole Colonic, and by Sundry Stat- utes of England. 25 Hen. viii. 6 ; 5 Eliz. xvii. It is a vile affection, whereby men given up thereto, leave the natural use of woman, and burne in their lusts, one toward another ; and so men with men worke that which is vn- seemly, as that Doctor of the Gentiles in his letter to the Romans once spake, i. 27 ; The Penaltie concluded by AND PROVIDENCE PLANTATIONS. 17^ tliat State under whose authoritie we are, is Felonie of 1647. death, without remeclye. See 5 Eliz. 17. ^-*i-v-*^ •^ Felonie. Buggerie. Buggerie is forbiden by this present Assembly threwout the whole Colonie, and also strengthened by the same Statutes of England. It is a most filthy lying with a beast as with a woDian, and is abomination and confusion ; the just reward whereof prepared to our hands, is Felonie of death, without remedie. See 5 Eliz. 17. Rape. Rape is forbidden by this present Assembly threwout the whole Colonie ; and we do hereby declare, that it is when a man through his vile and unbridled affection, lyeth with, and forceth a woman against her will ; like hereun- to is the knowing of a maid carnally who is vnder y° age of Tenn yeares, though it be with her consent. The pen- altie we do declare to be Felonie of death. See, for con- firmation, 13 Edw. i. 34 ; and if the Woman consent af- ter, she loseth her dowre of Lands. See 6 Rich. ii. 6. And so doth a married wife that elopeth with her adven- turer. 13 Edw. i. 34. Adulterie and Fornication. Is forbidden by this present Assembliy threwout the Colonie, with this memento, that the Most High will judge them. 13 Hen. iv. Adultery is declared to be a vile affection, whereby men do turn aside from y*" naturall use of their own wives, and do burn in their lusts towards strange flesh ; and we do agree, that what penaltie the Wisdome of the State of England have or shall appoint touching these transgressions, the accessaries and effects shall stand in force threwout the whole Colonie. Psttie Lar- cente. RECORDS OF THE COLONY OF RHODE ISLANDy Touching Menstealers. It is agreed, and by this present Assembly enacted, that the taking away, deflooring or contracting in marriage a maid under sixteen yeares of age, against the will of, or vnknown to the Father or Mother of the Maid, is a kind of stealing of h«r ; and that the penaltie shall be eyther five years' imprisonment or satisfaction of her parents. 4 Will, and Mary, 8. Larcenie. Larcenie is forbidden by this present Assemblie threwout the whole Colonie, as most destructive to the Estates of True Men. It is a fraudulent and felonious taking away another man's personall goods, in the absence of the owner, or without his knowledge, or in sight, yett without making any assault vpon his person or putting him into a fease. And it is agreed and ordered by this present As- semblie, that he that committs Pettie Larcenie (which is wherein the thing stolen exceeds not the value of twelve pence), shall,, for the first time, being lawfully convict, be well whipt ; for the second time, he shall have two months' imprisonment in the house of correction, and twice whipt. And he that committeth Grand Larcenie (which is where the thing stolen exceeds the value of twelve pence), for the first time, being lawfully convict, shall be severely whipt, and shall serve in the house of correction vntill the partie or owner bee satisfied twofold for what he hath stolen ; and for the second time he shall be branded in the hand, and serve in the house of correc- tion untill the partie be satisfied twofold for what he hath stolen, and the Colonie four fold so much ; and moreover,, we do declare, that a thief's goods and chattells have been still accounted the King's Custome. Purse. AND PROVIDENCE PLANTATIONS. 175 It is also agreed, and ordered by this present Assem- 1647. blie, that he that taketh away a purse, or any other thing' from the person of a man secretly or fraudulentlie, shall he judged as he that committeth the Larcenie. It is also agreed, that if any Officer take away ought from any man fradulentlie, vnder the pretence of his of- ^^^^^ fice, his penaltie shall be that of Grand Larcenie, the sec- ond time committed ; and for the abuse of his ofi&ce he shall be disabled from bearing office any more vntill the Colonic release him. It is agreed and ordered, by this present Assemblie, that if any shall distreyne or levie any dutie by sufficient J^^<'^»^;*^^^\^ authoritie, and after shall convert it to his own vse, his u^'st^'ye^^n- punishment shall be the same with the former. altie. Trespasses by Man or Beast. It is agreed, by the present Assembly, out of a desire to seek every man's peace and wellfare, to prohibitte wrongs and trespasses to be done by one to another threw- out the whole Colonic ; and we do declare, that whoso- ever does the wrong, the partie grieved shall receive for his wrong without any respect of persons. 43 Eliz. vii. 4. Now, forasmuch as Trespasses are eyther with or against a man's will committed, with his will, and in the first place malitiously, it is agreed, and by this present Assemblie enacted, that he that shall malitious ce'i^«. ly and unlawfully burne or spoile a frame prepared for building shall suffer the penaltie of Grand Lar- cenie. It is also agreed, that he that shall malitiously and vn- lawfully burne or spoile a cart-heap of wood prepared for coals, or otherwise ; cutt out the tongue of a beaste being alive, cutt off the eares of a man, bark fruit trees, or pro- cure the same to be done, being lawfully convict, as in Larcenie, he shall pay to the partie agrieved his costs and 176 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. treble dammages, and forfeit to the King tenn pounds. -^'■^"''""*^ 34 Hen. viii. 6. It is also agreed, that every Lewd person that shall cut or take away any corne growing, or robb any orchards or gardens, or break or cutt any Hedge, Paile, Raile or Fence; or dig, pull up, or take away any fruit trees, or shall cutt or spoile any woods, poles or trees standing ; being things which the lawyers call Reall, and so not Felonie, being thereof lawfully convict, as in Larcenie, shall pay to the partie grieved his costs and double damages. See 4S Eliz. 7. Or in case he be not able, he shall serve in the house of correction vntill he hath satisfied. The same penaltie doth he deserve that putts his beasts or other into another man's field. For other Trespasses, eyther ignorantly done by the person himselfe or by his cattle, and also differences that fall in between man and man, it is agreed and ordered, by this present Assembly, that they shall be judged by their Peers ; and he that hath the wrong, shall satisfie for it, according to the verdict given in vpon evidence. Fraudulent Dealing. Fraudulent dealing is forbidden throwout the whole Colonie, and it is ordered by this present Assemblie, that he that is overreached by a deceitfull Bargaine may have his action upon the case and recover his damages. Bargams to Morcovcr, it is agreed and ordered by this present As- t'°8. sembly, for y'' preventing of needless suitts at Law, and excessive Travaile and expenses therein that all those that make bargaines, covenants, agreements, and compacts, one with another, especially if they be of any great amount ; that they draw them up, or procure them to be drawn up in writing, and expressed in as few words, and as plaine formes, and as easie to be understood as may be ; with the Servant, covonantors' names interchangeably putt to each writing, Ap rentice ^"^ ^^^ hands of two wituesscs to be subjoyned. AND PROVIDENCE PLANTATIONS. 177 Moreover, we do declare, whosoever from henceforth 1644. takes au apprentice for certaine yeares, or a servant for ^--»^'^*^ one yeare, or half a yeare, and do not express the termes vpon which they stand thus mutually related each to other in writing, as is beforesaid ; or does not come, in both of them to a Towne Meeting, and enter the termes into the Kecorder's or Towne Clarke's Booke ; that then such cove- nants, bargaines, or agreements shall be void and of no force or value. It is further agreed, and by the authoritie of this pre- sent Assemblie established, that all Fraudulent, Deceitfull and Fained Deeds, Bonds and Gifts made by Debtors to avoid their Creditors throwout the whole Colonic, shall be void. See 2 Rich. ii. 3. And the parties to such fraudu- lent Deeds, not made in good faith and vpon good conside- ration, shall forfeit one yeare's rent of the Lands and Tenements ; the whole value of the Goods and Chattells;, and so much money as shall be conteyned in the Bond, the one moytie wherof is the King's Custome, the other goes to the party grieved. See 23 Eliz. 5. And for the preventing of many evils that may follow vpon bargaines, sales and conveyances of Lands, Tene- Tho order ments, and Hereditaments which we judge may with and saw*^^ more ease to all be prevented, there being committed fairely and fully removed ; Be it enacted by the authori- tie of this present Assembly, that from henceforth no Lands, Tenements, or other Hereditaments, shall pass, alter or change from one to another, whereby any state of inheritance or Freehold shall be made or take effect in any person or persons, or any vse thereof to be made by reason only of any bargaine and sale thereof, except the same bargaine and sale be made by writing, indented, sealed and enrolled in a Meeting of the Towne, where such Lands, or Tenements soe bargained and sold doth lye, before the Townes Men or Councill of y*" Towne, and the same enrollment to be made and had within six weekes next after the date of the same writings indented ; and 178 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. for the enrollment of every such writing indented, where ■^^-^^-"^^ the lands comprised in the same writing exceeds not the value of Five pounds, shall by him that makes the pur- chase, pay two shillings, and sixpence ; one shilling whereof shall go to the Towne Treasury, another to the Towne Clarke, and the sixpence to the General Recorder for keeping a Coppie thereof; but in case it exceeds the value of five pounds, then shall it be paid by the purchaser five shillings ; two shillings whereof shall be to the Trea- sury ; two shillings to the Towne Gierke, twelve pence to the General Recorder : And the Towne Clark being for that time, shall sufficiently enroll and engross the same deed and writing indented as aforesaid, and a Coppie of the Rolls thereof, he shall at the end of the yeare deliver unto the General Recorder for the Colony, there to re- maine in his custody among other Records of the same Towne, (which in process of time by reason of its villages will be as a Countrie) to the end that every person that hath to doe therewith, may thither resort and see the effect and tenour of every such writing so enrolled. 27 Hen. viii. 16. Conspirators. Forasmuch as there are other Fraudulent dealings, by which men of Evill and corrupt minds, and impudent, bold faces, do attempt, and that before the judgment seat, and vnder a pretence of pleading for justice, to robb true men of their right, and such are they that in our native Countrie are called Conspirators, Champerters, Embracers and Common Barretters. Be it enacted by this present Assembly, to forbid such fraudulent dealings and evill courses throwout the whole Colonic ; and we do declare, according to the Lawes of our native Land, that conspirators are such as do confederate and bind themselves by oath, covenant, or other alliance, that every of them shall aide and beare the other falsely AND PROVIDENCE PLANTATIONS. 179 and maliciously to endite, or falsely to move and main- 1647. teyne pleas ; and such as cause Children within age to ^-^^-^*- appeale men of Felonie or otherwise, whereby they are impoverished and sore grieved ; and such as reteyne men to mainteyn their malicious enterprizes, Avhich extend- eth, as well to the takers, as to the givers ; and lastly, such as do vndertake to beare, and think by their power to mainteyne quarrells, pleas, and debates that concerne other parties and not themselves. Champertors. Champertors be such as move pleas and suits, or cause them to be moved, eyther by their own procure- ment, or by others, and sue them at their proper costs, and for maintenance have that of Land in variance, or the gains. It is provided, therefore, by a common accord, that all such as from henceforth shall be attainted of such empris- es, suits or bargaines, and such as consent thereunto, shall suffer one yeare's imprisonment, and make fine to the King ; the like penaltie shall Conspirators susteyne, and the partie grieved shall be, notwithstanding, righted by an action upon the case brought in against him. It is provided, by common consent, that in case any of the inquest take a reward by eyther partie to give his ver- ^^^^^^^ diet, he shall forfeit ten times as much as he tooke ; the^^S"" one halfe whereof is the King's Custome, the other shall goe to him that does sue for it. And all the embracers to bring or procure such inquests to take gaine or profitt, shall be punished in the same manner and forme as the inquest wa,s. And if the delinquent of the inquest or Embracer have not wherewith to satisfie the forfeiture, then they shall be imprisoned one yeare in the House of Correction. See 38 Edw. iii. 12. Bures. KECORDS OF THE COLONY OF RHODE ISLAND, Forging or Rasing Records, Writts, &c. Forging, and also Rasing, Embezelling or taking away any Record or parcell of the same, writts, returne, process of Attorney, in the Records of Record, by reason whereof any Judgment shall be reversed ; also forging of Deeds, obligations, acquittances, and records, are by common con- sent, forbidden throwout the whole Colonic ; and the par- tie that shall so doe, together with their Councellors, Procurers and Abettors, shall be imprisoned and griev- ously fined, and satisfie the partie ; and so shall they also be punished that are guiltie of false entering of pleas, rasing of rolls, and change of Verdic ts by which ensueth disherision of any of the parties. Weights Fraudulent dealing by false Measures and Weights, is by common consent and accord, forbidden by this Assem- blie throwout this whole Colonic ; and for the preventing of it, it is agreed, that the measure shall be one, and the weight one throwout the whole Colonie ; and that every Towne shall have a common Ballance and Weights, and a common Measure, that every person may measure and weigh thereat. See 9 Hen. iii. 26 ; and that every Towne be carefull in the observance thereof. Further- more, it is agreed, that whosoever shall use false Vf eights or Measures, which are not according to the standard, shall forfeit to the Towne for the first time six shillings and eight pence ; for the second, thirteen shillings and foure pence ; and for the third, twentie shillings ; and for example to others, shall be sett vpon the Pillory in some open place. See 1 Hen, vii. 4 ; 12 Hen. vii. 5. Debts, &c. It is agreed, and ordered, by this present Assembly, that Debts may be recovered by action of debt ; and then AND PROVIDENCE PLANTATIONS. 181 if the debtor hath wherewith to discharge it, then shall 1647. his Goods, Lands, or Debts be seized vpon for the pay- ^-^^^^^ ment thereof ; if he have not, then shall the two chief or head officers of the Towne, being assisted with foure able Townsmen, or of the Common Councill of the Towne ap- pointed thereto, sett such a course between Creditor and Debtor for the paying and receiving thereof, as the Court of Requests or Conscience in the City of London granted by Parliament, 3 Jac. xv. ; but he shall not be sent to prison, there to lye languishing to no man's ad- vantage, vnless he refuse to appeare or stand to their order. Accessaries. Accessaries before theft, or wilfull and malicious Tres- passes and Fraudulent dealings, we judge rather worse than the principalis, and the old true Proverbe is, the re- ceiver is as bad as the Thief. Touching Liars and Perjured Persons. Forasmuch as the consciences of sundry men, truly con scienable, may scruple the giving or taking of an oath, and it would be noways suitable to the nature and consti- tution of our place (who professeth ourselves to be men of different consciences, and not one willing to force another) to Debar such as cannot do so, eyther from bearing office amongst vs, or from giving in testimony in a case de- pending. Be it enacted by the authority of this present Assembly, that a solemn profession or Testimony in a Court of Record, or before a Judge of Record, shall be accounted, throwout the whole Colonic of as full force as an oath ; and because many, in giving engagement or testimony, are usually more over awed with the Penaltie which is known, than with the 182 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. most High, who is little known in the Kingdoms of -^'"^''**^ men. It is, therefore, further agreed and ordered, that he that falsifieth such a solemn profession or testimony, shall be accounted among vs as a perjured person, and his pen- altie shall be that, looke what detriment is or might be brought vpon others by falsifying his engagement or testi- mony, the same shall fall upon himself. He shall also forfeit five pounds, and be disenabled eyther to beare of- fice, or to give in Testimony in any Court of Record, vn- till the Colonie release him ; and this forfeiture and det- riment, (the partie being lawfully convicted,) shall be, one halfe to the King's Custome, and the other shall go to the partie grieved that sues for it, by action of debt or bill : but in case the partie be not worth so much, then shall he be imprisoned in the House of Correction tiU it be wrought out, or else sett in the Pillory in some open place, and have his Eares nayled thereto ; and then may the partie grieved receive his dammages ; and the pro- curer shall have the like penaltie. See 5 Eliz. 9. Breach of Covenant. Breach of Covenant is by this present Assembly, for- bidden throwout the whole Colonie. It is also enacted, and agreed, that they that perform not their Covenants made eyther by word or writing, (ex- cepting those before excepted,) shall be liable to satisfie what the other can prove he is damnified by reason of the non-performance thereof, which he may recover upon an action of the case. And be it further enacted, that no person retayning a servant, shall putt their servant away, nor no person re- tayned shall depart from their master, mistress or dame, ?vant, untill the end of the term covenanted for, vnless it be for some reasonable and sufficient cause, witnessed before and AND PROVIDENCE PLANTATIONS. 183 allowed by the Head Officer or Officers of the Towne, and 1647. three or foure able and discreet men of the Common Coun- ^-''-^'-*-' cill or Towne appointed thereto, vnder their hands in writ- ing, for the discharge eyther of Master or Servant. And be it enacted further, that that Master, Mistress or Dame, that putts away their servant without sufficient cause, and so allowed with such a discharge, shall forfeit the sum of forty shillings ; and if any servant departe from his or her Master, Mistress or Dame's service before the end of tne Terme covenanted for, vnless it be for some sufficient cause allowed of as before, or not serve accord- ing to the Tenure of the promise or covenant, vpon com- plaint vnto the Head Officers of the Towne and their associates, the matter being fully proved, he shall be com- mitted to Ward without Baile or Mainprize, vntill by sufficient sureties he be bound to his Master, Mistress or Dame, to perform the engaf]rement. Detainiusr ' ^ ° ° Sorrants. Be it also enacted, by the authoritie abovesaid, that he that shall retaine a Servant not lawfully dismissed and sett at liberty from his Master, shall forfeit for every such offence five pounds, which the Master may recover by an action of Debt. See 5 Eliz. 4. Artificer or Laborer. Be it also enacted by the authority abovesaid, that every Artificer or Laborer that is lawfully retayned, in and for the building or repairing of any House, Shop, Mill, or any other piece of worke taken in great, in bulke, or in gross ; or shall hereafter take vpon him to make or finish any such worke, shall continue and not de- parte from the same, (vnless it be for the not paying his wages as here agreed on, or otherwise be lawfully taken off and appointed to serve the Colonie, or by leave and license from the Master, Overseer, or owner of the work,) untill it be finished according to the agreement, vpon paine of the forfeiture of five pounds to the party from 184 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. whom he shall depart, who may recover it by an action of ■•"•^"•'^*^ debt, and other ordinary costs and damages besides, in the Courts where such matters are to be tryed. Slaunder. Forasmuch as a good name is better than precious oint- ment, and Slaunderers are worser than dead flies to cor- rupt and alter the savour thereof, it is agreed, by this present Assembly, to prohibitt the raysing and spreading of false reports, Slaunderers and Libells throwout the whole Colonic ; and we further declare that the partie offended or grieved by such False reports, Slaunders, and Libells as hereafter foUoweth, may bring his action of slaunder against the reporter and speaker thereof, in case vpon demand he reveale not the author ; but if revealed, then against the Author, and shall recover sufficient dam- ages. The cases actionable are these ; For a man to say eyther by word or writing, and yet not able to prove it, that another is a Tray tor, a Fellon, a Thiefe, a Cutt-purse, or hath stolen something ; a perjured person, or hath for- sworn himselfe in any man's case ; a Bankrupt, a Cheater, or one that lives by cheating ; to call and be not able to prove it, an unmarried Woman a whore ; a young man unmarried, awhoremaster ; to say a young mankeepetha House of Bawdery ; or that a Tradesman maketh nothing but bad wares ; or that a Merchant or Shop-keeper hath nothing but rotten, bad and vnsound wares in his house or shopp, or to speak any thing in the disparagement of a Man's goods that he putts to sale whereby he may be damnified. Words •actionable. Poore. It is agreed and ordered, by this present Assembly, that each Towne shall provide carefully for the reliefe of the poore, to maintayne the impotent, and to employ AND PROVIDENCE PLANTATIONS. 185 the able, and shall appomt an overseer for the same pur- 1647. pose. See 43 Eliz. 2. ^^-v-^' Scoulds. It is ordered, Common Scoulds shall he punished with the Ducking vStoole. Ale Houses. It is ordered, by the authority of this present Assem- bly, that no Taverne, Alehouse or Victualling House, shall be kept throwout the whole Colonie without Licence or Allowance ; and whosoever shall keep Taverne or Ale- house, or Victualling house without licence, shall forfeit twenty shillings, which shall be levied to the vse of the poore, and shall by the head officer of the Towne be forth- with discharged. vSee 3 Car. 3. Licenses. Be it also enacted by the authority of this present As- sembly, that each Towne shall have power to allow Tav- ernes. Alehouses, and Victualling houses within its own precincts ; and the Head officer of the Towne shall binde by Recognizance every such Taverne, Alehouse keeper and Victualler so allowed, with two such sufficient sureties to keep good order in his house, and not to vse such games as are judged by the Lawes of England to be vnlawfull in such Common houses, as Carding, Dicing, Slide, Groat, &c., and not to suffer any Townsmen to remeine tipling therein for vme hours space, vnder the penaltie of ten shillings for every such default, vpon the view of the head officers, or vpon the information of sufficient wit- nesses vpon their solemn testimony, or by his owne con- fession ; And every Townsman so taken, shall forfeit for every time, three shillings and four pence ; which forfeit- 186 KECORDS OF THE COLONY OF RHODE ISLAND, 1647. ures shall be taken by distreint and given to the overseer ■*"^"^''^'' for the use of the Poore. Drunkenness. Drunkenness is forbidden throwout this whole Colonie ; and it is further agreed, that the head officer of each Towne, or any other Magistrate shall have powre upon his owne view, confession of the partie or proof vpon one wit- ness his Testimony, to convict a person of drunkenness, who shall be by him enjoyned to pay five shillings, for that fact into the hands of the overseer for the vse of the poore, within one week after the same conviction ; and in case the partie refuse so to do or be not able ; then shall he be sett in the Stocks, and there remaine for the space of six houres ; and for the second offence, being convicted as aforesaid, he shall forfeit ten shillings, to be paid as before ; and shall be bound by the head officer or magis- trate before whom he is convicted, to his good behaviour, with two sufficient sureties in the summ of ten pounds. 21 Jac. 7. Archerie. Forasmuch, as we are cast among the Archers, and know not how soone we may be deprived of Powder and Shott, without which our guns will advantage vs nothing ; to the end also that we may come to outshoot these na- tives in their owne bow ; Be it enacted by the authoritie of this present Assembly, that that statute touching Arch- erie, shall be revived and propagated throwout the whole Colonie ; and that every person from the age of seventeen yeares, to the age of seventy, that is not lame, debilitated in his body, or otherwise exempted by the Colonie, shall have a Bow and four arrowes, and shall vse and exercise shooting ; and every Father having Children, shall pro- vide for every man-child from the age of seven years, till AND PROVIDENCE PLANTATIONS. 187 he come to seventeen yeares, a Bow and two Arrowes or 1647. shafts, to induce them, and to bring them up to shooting ; ^-'•■'^'-«*-^ and every sonn, servant, or master, thus appointed and ordered to have a Bow and Arrowes, that shall be remiss and negligent in the observance hereof, and shall be found to lack a bow and so many arrowes for the space of a month together after the last of the fourth month, com- monly called June, shall forfeit three shillings and four pence ; the father shall pay for the son, the master for the servant, and deduct it out of his wages. It is also ordered, that each Towne shall have a pair of Butts before the last of the fourth Month, vnder the pen- altie of ten shillings. Marriage. It is agreed, and ordered by this present Assemblie, for the preventing of many evills and mischiefs that may fol- low thereon, that no contract or agreement between a- Man and a Woman to owne each other as Man and Wife,, shall be owned from henceforth threwout the Whole Colonie as a lawful! marriage, nor their Children or Issue so com- ing together to be legitimate or lawfuUie begotten,, but such as are, in the first place, with the parents,, then or- derly published in two severall meetings^ of the Towns- men, and lastly confirmed before the head officer of the Towne, and entered into the Towne clerk's Booke. And that man that goes contrarie to this present Or- dinance established, shall forfeit five pounds to the parents of the Maid, and be bound to his good behaviour ; and all the accessories shaU' forfeit five pounds a man, halfe whereof shall go to the grieved parents and the other halfe to the Towne- la 188 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. Probate of Wills. Forasmuch, as all ^len are free to dispose of their owne as they please ; Be it enacted by the present As- sembly, that all persons inhabiting in this Colonic, be by this present act, put in mind of their owne Mortality, and the distraction which they shall leave behind them, may bring to the ryghtfull heyres thereof, if not kindly prevented ; and that it is ordered, while they are in health and perfect memory to sett their houses in order, as if they were about to depart, and draw vp their wills in writing, how their Houses, Lands, Goods and Chattells shall be disposed of after their deaths, and do name an Executor or two to which they will committ the disposall thereoff, and so subscribe their names putt to their Scale, and cause two or three Witnesses to sett their hands for confirmation thereof. And be it further enacted, that the Executors vpon the death of the Testator, shall call in two honest neighbors, being his friends, or two honest persons, being the next of his kindred, and in their presence, and with their direc- tion, shall make and draw vp a true and perfect Inventory of all his Goods, Chattells, Wares, Marchandize, as well moveable as not moveable, and one draught thereof he shall deliver vp to the head ofl&cer of the Towne, to whom the probate or approbation of Wills shall belong, upon his solemn Testimonie, being of the nature of an Oath, that it is a good and true Inventory ; and he, together with the Witnesses, shall also deliver in the Will or Testament of the Testator, with the same solemn affirmation that it is the true, whole and last Testament of the same Testator freely made, and in his perfect Memorie. And this Testament being thus proved bfore the head officer, the Towne Clark shall transcribe or coppie out the Testament, putt wax into it, and then the head officer, by putting to it the AND TROVIDENCE PLANTATIONS. 189 seale of his office, shall declare his approbation of it ; and 1647. so, having taken sufficient Bond of the Executor, to pay ^-^^v-*-^ the Testator's debts and faithfully to execute his Will and Testament, he shall give him power to administer. Moreover, be it enacted by present Assembly, that both the Will and the Inventory shall be brought in within one Moneth after the Testator's death, and that it shall be approved, and powre given to administer without delay ; and in case the goods be in danger to be embezzled, then may the nearest of his kin take the Town Clarke, and they together with the Executor, or without him, may make an Inventory, or at least take a note of the Goods and Chattels of the Testator's left behind him. And it is further ordered, that the Will and Inventory shall be kept among the Records by the Recorder, who shall eyther show or give a Coppy thereof to such as re- quire it, they satisfying him for his Labour and paines in so doing. And it is further agreed, that for the Probate of Wills and giving powre to administer, in case the testator's goods amount not to the sum of Five pounds, there shall be given but one shilling to the Towne Clerke. In case the goods be worth above Five pounds and under Fortie pounds, there shall be given three shillings and sixpence ; two shillings whereof shall be given to the head officer, and eighteen pence to the Towne Clarke ; and in case the goods be worth above Forty pounds clearly, then shall he pay five shillings ; two shillings and sixpence whereof shall go to the head officer, and tv^^o shillings and sixpence to the Towne Clarke. And be it further enacted, that in case a man dyeth in- testate, or the Executor pitched upon refuse to administer, then shall y*" head officer of the Towne, together with the Common Councill of the same Towne, appoint one of his nearest kinsman to take with him two other honest neigh- bors, and make and bring in a true Inventorie of his goods, which being brought in, they shall then make an 190 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. equal and just distribution of his Estate among those to ^'^^■^^'^ whom it does belong, the draught whereof being instead of the dead man's Will, together with the Inventorie, shall be left among the Kecords with the Eecorder, and a Coppy delivered into the hands of him whom they have chosen to be Executor, who shall have powre (being first bound) to administer according to the Tenure thereof. These are the Lawes that conceme all men, and these are the Penalties for the transgression thereof, which by common consent are Katified and Established throwout this whole Colonic ; and otherwise than thus what is herein forbidden, all men may walk as their consciences perswade them, every one in the name of his God. And lett the Saints of the Most High walk in this Colonic without Molestation in the name of Jehovah, their God for Ever and Ever, &c., &c. AND PROVIDENCE PLANTATIONS. Touching the Public Administration of Justice according to the Lawes agreed upon and established throwout the whole Colonic. Be it enacted by this present Assemblie, that for mat- ters of greater weight and moment, there shall be erected a Generall Court of Tryalls for the whole Colonic, andcourtsof Generall Officers for the Administration of Justice therein. The Court shall be held twice in the yeare, in case there be matters that are then and there to be Tryed, Sci : upon the next day after the dissolving of the Court of Election held in May, and the other upon the last Tewsday of the eighth moneth, commonly called Octo- ber, and these Courts to be held at ■ It is further agreed, that to these Colonic Courts of Tryall, shall appertaine the Tryall of such Crimes as may hazard Life, Limbe, Disfranchisement or Bannishment ; and such Trespasses, Debts, and differences (as by the Common Councill eyther of Towne or Townes shall b€ judged too weightie for a more private determining). Also, such matters of difference as fall out betweene Towne and Towne, or between parties dwelling in two Townes more remote, or in the case of an arrest of a man belonging to a neigbour Colonic, or, in cases of great importance ; also, attaints of Inquests, and Tryalls of perjuries, and finally all such matters as are not referred, by any charter or order, vnto any Towne apart, or to the Island, or two Townes joyntlie. Be it enacted further by the authority of this present General Assemblie, that the Generall Officers for the whole Colo- nic shall be these, Sci : One President, foure Assistants, in every Towne one, one General Recorder, one Publick 192 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. Treasurer, and a General Sargent ; which Officers shall "-^^-^^^■^ be chosen eveiy yeare in the General Assembly, and tow- ards the latter end of that Session. They shall also be chosen after this mannar : for President, Recorder, Trea- surer and Serjant each Towne shall present one ; and he which the major part of the General Assembly pitcheth upon by paper, shall stand and be confirmed in his Office for that yeare ; and for Assistant, each Towne shall present two, and he which the vote by paper pitcheth upon, shall be the Assistant in that Towne. Be it further enacted, that the President and Assistants :mTSt- ^^^^1 ^^^'^ ^^^^ ^ Commission by which they shall be con- BervLtTs'of servators of the peace in the same Towne where they live and throwout the whole Colony. By this Commission, they shall keep the peace, and in case it be broke by threats, assaults, or afFrayes, eyther before any of them or Breach of ^P^^ lawfull complalut, he or they shall bind the parties Peace. ]3y recognizance with two sufficient sureties vnto the peace, and to appeare at that Court where such matters and^icquit- ^^® ^^ ^^ tryed, and soe to remaine, vntill by proclama- tion in open Court he shall be acquitted. In case the peace be broken by forcible entry, any of them, vpon complaint, may, together with the head officer of the Towne, goe to the place, and vpon their view shall remove the force, arrest and imprison the offender, there to remaine vntill the Court where such matters are to be tryed, when he shall be sentenced and fined by the judg- ment of his peers. In case of breach of peace by Riotts, Routs and unlaw- Rou'sUc ^^^11 Assemblies, any of them, by virtue of this Commis- sion, being alone by himself and present, may arrest them and cause them to find sureties for their good behaviour or send them to prison ; but being absent vpon notice given or complaint, the President and Assistants, or eyther of them, with the head officer of the Towne, shall go to the place, and if the parties be present, they shall arrest the offenders, remove the force, and bind them to their good tal, Fore b:« entry. AND PROVIDENCE PLANTATIONS. 193 behaviour by sufficient sureties, and to appear at that 1647. Court where such matters are to be Tryed ; and if they ^T^^^""*"' find not sureties, to send them to prison, there to remaine till the Court [meet] ; and then being tryed by their peers they shall be sentenced and fined as the Law doth provide, out of which fines the charges of Officers, and triers, and the assistants and aydes shall be borne. But if the offisnders be gone, then shall the head Officer of the Towne be put in mind at the next Towne Court, to enquire by a sufficient inquest (worth in Goods and Chat- tells forty pounds at least) returned by the Towne, and the Riott being found, by inquisition, he or they shall make a Record in writing, and soe send out his or theyr process (Sci: a venire facias) against the ofi'ender, to cause him to^^^^^^^ come in to answer. And when he appeares, then shall he be committed to prison, and ransomed by the fines afore- said. But in case the Riott be great, in nature of an In- surrection and Rebellion, then shall all the chiefe officers in the Towne take with them the Sarjent and Constable, Great Biott orRebellion- and if need be the powre of the place, to remove the force, and shall send the Ringleaders or chiefs to prison, there to remaine vnto the Court where such matters are to be tryed ; and shall bind the rest over also by recogniz- ance, with two sufficient sureties vnto the peace, there and then also to appeare, where being lawfully convicted, they shall be fined as the Law hath determined. In case the breach of peace be by Felonie, or by sus- picion thereof, vpon complaint or request, any of them, ^°°'" (having taken of the party requesting his examination vpon the perill of perjurie, in case he prove false,) or at least bind him by recognizance to give in evidence against the offender (in case he be taken) at the next Gaile de- liverie,) shall grant out his warrant vnder scale of his of- fice unto the Sargent or Constable to arrest the offender, and bring him before himself or some other conservator of the peace, to answer such things as shall be objected to against him. 194 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. When the offender appeares, before he committ him to '-*'"-^*^ prison, he shall, first, take the examination of the offend- er, but not vpon oath ; secondly, the examination and in- formation of those that bring him, and shall sett down the materiall passages touching y^ fact and circumstances thereof ; thirdly, he shall bind all by recognizance to ap- peare at the Court -where such matters are to be tryed, then and there to give in evidence against the offender, and the party grieved to prefer a bill of indictment against him ; fourthly, he shall make his mittimus and send the offender to Gaile, vnless he be bailable, and then shall he baile him ; fifthly, he shall certifie at the next Gaile de- livery to which the hearing of the matter belongs, such information, recognizance, and bailment, and for his fail- ing therein, he shall be fined, at the discretion of the Justices of the Goale delivery. Hue.& Cry. Auy of them, vpon just ground may send forth Hues and Cryes after the Felons, &c. ; and every person ought to be ready to arrest and apprehend them ; otherwise to raise hue and crye without cause, is to disturb the peace of the Colony, and he that so doeth, deserves to be bound to the peace. This shall be their powre touching the peace, both within the liberties of the Towne where they live, as also in the other Townes enjoying like Liberties, especially in case the particular head officers thereof neglect their Dutie therein ; but especially this shall be their care and dutie touching places that fall not in, within those Towne Lib- erties, and in such cases as appertaine to the Colonie Court of Tryall. See Edw. iii. 1. President's Commission. ,, , . By a speciall commission, the President shall sitt as Chief Judge in the Colonie Courts of Tryall, to see that AND PROVIDENCE PLANTATIONS. 195 order and course of Law appointed thereto be dulie ob- 1647. served, and the verdict being given in, he is to pronounce '-*'~^'"*^ the sentence. In case it be a matter of Felonie, to deliver vp to thereionie. Generall Sargent to the execution, or see it done and performed. In case it be a matter of Trespass, debt or any other Tresspaee. difference betweene Man and Man ; he is, together with the Assistants, to tax the costs and to send forth a Writ of Execution unto the Generall Sarjent, who shall send forth a Warrant to the Sarjent of that Towne where the party judged do live to do execution. He shall also send forth a writt to the Generall Sargant at least tenn dayes before, to give the whole Colonic notice, to the end they may prepare for the Generall Assemblie. Assistants. By a speciall commission, all the assistants, if not necessarily deteyned, shall sit with the President in y® Generall Courts of Tryall, and shall supply the roome of a Coroner in each Towne where they dwell. Touching the Generall Recorder. Be it enacted by this present Assemblie, that the Gen- erall Recorder's Ofi&ce shall be in the generall, to keep a Coppie of all the Records or Acts of the Generall Assem- blie, Generall and particular Courts of Judicature, Rolles of the Freemen of the Colonic, Records, Evidences, Sales and Bargaines of Land, Wills and Testaments of the Tes- tators, and orders of the Townsmen touching the Intes- tate, Records of the Limitts and Bounds of Townes, their Highways, Driftwayes, Commons and Fencings, Privi- ledges and Liberties. And forasmuch as matters of great- est concernement ought to be kept and preserved with the greatest vigilance : Be it enacted, that the Generall pur- 196 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. chases, (which are all we can shew for our right to our '"-*'^'^*^ Lands, and the Charter which is that which gives vs) who are Subjects right to exercise authority one over another,) be kejDt in a strong chest, having foure severall Locks an- nexed thereto, and that each Towne keep a key thereof, that soe, as there is a common right and interest therein, there may be no access vnto them in a divided way, (lest also, they be divided,) but with a common consent. And let it be further enacted, that this chest be placed in the safest place of the Colonie ; and the Generall Recorder, also, shall have the key to the Roome in which it is placed. Be it also enacted, that he that is Generall Recorder, Pilce.° shall supply the roome of the Gierke of the peace or as- sizes, in the Generall Court of Tryall, as it is a Court of Assize or Goale delivery. And as Clark of assize, his of- fice shall be to receive examinations, information, recogni- zances and bailments, presented by the Officer who com- mitted the Felon to prison. He shall also receive the bill of indictments presented by him who was bound to prose- cute the prisoner ; he shall read the indictments and enroll the acts of the Court itself, the indictment, the process, the answer, the traverse itself, the verdict, the judgment thereupon, and the execution. And as this Court is a Court of Common Pleas, soe he shall supply the roome of the master of the office, and in that regard his office shall be, vpon the request of the plaintiff or his Attorney, (in matters that clearly appertaine vnto that Court,) to direct a Writ to the General Sargant to arrest the defendant, in such an action, of such a man, and to take baile for his appearance by such a day as the writ makes mention to be returnable ; and in case the General Sargant returne j" defendants Bond by the day appointed, then shall he enter into his appearance, and in case they proceed, his office shall be, to file such declarations and answers. But in case after a declaration is filed in ex- pectation of an answer, or to make his defence, and he Qenerl Offi cers to pcnd forth \\ ar- AND PROVIDENCE PLANTATIONS. 197 doth not, then the plaintiff taketh him by defiiult, which 1644. is called confessing the action ; and then the Recorders ^-"^^v-^*- oflQce shall be, to enter and record a nihil dicit (id est,) he saith nothing thereon, and so shall he send out a writ of enquiry of dammages vnto the Towne where the defend- ant lives. And the head officer of the Towne, at the next Towne Court, shall enquire of damages, and by a writ of destringes to the Sargant, shall cause the defend- ant for that purpose to come to the Court, and in case he appeare not, he shall forfeit the distraint, and the head officer of the Towne may distraine again and again. The matter being issued in the Towne, it shall be returned into the office, and the Recorder shall then enter the posiia retarne, and give forth to the General Sargent a writ of Execution. Touching the Publick Treasurer. Be it enacted, that the Publick Treasurer shall only re- ceive such fines, forfeitures, amercements and taxes, as fall vpon such as are not within the liberties of the three Townes specified in the Charter ; and Warwick, that is invested with the like priviledges and powre ; and that the Townes mentioned shall receive and keep safe in their custody all fines, forfeitures and amercements that shall be levied upon the Inhabitants thereof vntill they be called for by the authority from England ; but if vpon our hum- ble petition, they be granted to the Colony, then shall they enjoy them as a helpe in their Government as their cus- tom forever. Moreover, looke what comes into the Pub- lick Treasury by that way, he shall give account of in the Generall Assembly. Touching the Generall Sargant. Be it enacted by this present Assemblie, that he that is chosen Generall Sargant shall be an able man of Estate, 198 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. for so ought a Sheriff to be, whose place he supplies ; ^-*''^-'"*^ whose office shall be to attend all Colonye Courts of Tryall, and to serve eyther by himselfe or the Serjants of each Towne, all Writts originall or judiciall ; who having arrested a man for that which he is bailable, he shall take baile by an obligation to himselfe, with sufficient sureties ; the condition of which shall be, to make appearance in the place, and at the time, the bill, writt, or warrant spe- cifies. He shall also gather vp all the fines, forfeitures and amercements, that are made at the Colonie Courts of Tryall, and shall returne them faithfully unto the Treasu- rie to which they appertaine. When he is chosen, he shall be solemnly engaged to exact no more than his wages, and to take no more than is forfeited ; for not serving writts and warrants, he shall lose to the party grieved, treble damages, and forfeit Forty Pounds ; twentie whereof is the King's Custome, and twentie shall be to the party that sueth. And he that summons or doth arrest without w\arrant, shall be imprisoned till he pay to the party grieved ten pounds, his costs and dam- ages, and twentie pounds to the King. See the 43 Eliz. 6. He shall also have the charge of the prison for the Colony, and the prisoners therein. But forasmuch as Justice cannot be had in the general Court of Judicature, notwithstanding these Officers, with- out Pleaders and Tryars, be it enacted, that there shall be both, and rules given for their orderly proceeding. Touching the Inquest or Tryars. To save needless expenses and travailes, be it enacted, by the authority of this present Assemblie, that all Trai- tors, Felons, and such as are suspected thereof shall be indicted by twelve or sixteen honest and lawful men of, and also in the Towne where the person was taken, or of, and in the Towne where his Tryall shall be, and at the Court of Tryall. And that three of the most sufficient AND PROVIDENCE PLANTATIONS. 199 and least suspicious persons in each Towne bee chosen by 1647. the Townsmen tenn days before, and sent to that Court '-^""^"^^ to attend the Tryall of such matters as shall be presented, and that these be returned and arrayed by the General Sargent, so that the parties may have knowledge of them foure dayes before the Sessions of the Justices upon paine of ten pounds ; and that they be chosen by neyther old men above seventy yeares, nor mean men, nor such as have a charter of exemption, nor an indictor, nor inter- ested in the deliverance of an indictee. See 42 Edw. iii. 11 ; 13 Edw. i. 37 ; 25 Edw. iii. 3 ; 3 Hen. v. 3 ; 23 Hen. viii. 13 ; 8 Hen. vi. 9. And be it further enacted, that no man shall pass vpon the Life of a Man in this Colonic, nor in plea real, no, nor personal in any issue joyned, that amounts in the dammage to the value of forty marks, nor touching forci- ble entry, nor touching Riotts, who is not clearly worth forty pounds, nor in smaller matters in the Towne that is not clearly worth twenty pounds. And be it further enacted, that men have their peremp- f^^,]^^^^^ tory and other challenges, to the full, as they have them in England, where for petty Treason, Murder and Felony, they may challenge to the number of twentie. See 32 Hen. viii. 3. And be it enacted, that the inquest upon the TryaU of persons indicted of Felonie, shall eyther allow of, or reject the witnesses, according to their consciences, of all or the major part of them. 4 Jac. 3. And be it further enacted, that the inquest being thus chosen by the Townes, and summoned by the Sargant, in case any of them appeare not, their roome shall be sup- Forfeit. plied by such among those that stand about, or that live in the same Towne (and they refusing, the same fine,) where the Colonic Court of Tryall is held, and every man soe chosen and summoned, if he appeares not, shall lose and forfeit five shillings and ten pence ; or what he might have gott if he had attended the service which the Court Fa'seVer Uict. 200 RECORDS OF THE COLONY OF RHODE ISLAND, 1G47. shall determine, which, by a distringas from the Court. ^-^^-"^-'the Serjant shall require, and levie and deliver into the Treasury to which it belongs. And be it further enacted by the authority of this pres- ent Asserablie, that if any false verdict be given in any action, suit, or demand, either in this or in any other Court of the Colonic, in any thing personall, as Trespass, Debt, Difference, &c. ; the party grieved shall have a writ of attaint out of this Court of the Colonic, putting in sufficient security against each partie giving in such an untrue verdict, wdiereby y'' parties shall be summoned by great distresses ; and in case the thing in demand and the verdict surmounts forty pounds, to the three able men of each Towne shall be added twelve of the same Towne, where the Colonic Court of Tryall shall be, being worth three score pounds a piece, if such and so many are to be had, and in case these find they gave an vntrue verdict, every one of the former inquest shall forfeit twenty pounds, ten whereof is the King's custome, and ten pounds shall go the partie grieved, that sues for it ; he shall be also not of credence, neither shall his solemn tes- timony be taken in any Court, vntill the Colonic release him. But if, eyther the demand or verdict be vndcr forty pounds, then shall the inquest be worth fifty pounds a man ; and every one of the petty inquest being found guilty, shall forfeit five pounds, with the like punishment as is before specified. See 23 lien. viii. 3 ; 37 Hen. viii. 5. And in case he that sues for the writ of attaint makes it not good, every party attainted may have his ac- tion against him, and recover sufficient dammages. Touching Pleaders. Be it enacted by the authority of this present Assem- bly, that any man may plead his own case in any Court, or before any Judge of Record throwout the whole Colonic, or may make his Attorney to plead for him, or may vse AND PROVIDENCE PLANTATIONS. 201 tlie Attorney that belongs to the Court which may be two 1 644. in a Towne, to wit ; discreet, honest and able men for un- v-«'-^'^«*^ derstanding, chosen by the Townsmen of the same Towne, and solemnly engaged by the head officer thereof, not to vse any manner of deceit to beguile eyther Court or partie. And these being thus chosen and confirmed, shall be authorized, being entertayned, to plead in any Court in the Colonic ; but in case such pleader or Attorney shall vse any manner of deceit as is aforesaid, and be thereof attainted, or that shall be notoriously in any default of re- cord, he shall forfeit his place, and never more be admit ted to plead in any Court of the Colonic. See 3 Edw. 1, 28 ; 4 Hen. iv. 18. Be it also further enacted, that in matters of controversie Controver- betweene partie and partie, or Towne and Towne, that be- ^^°- longs to the hearing and determination of the Colony Court of Tryall, the partie complaining, or his Attorney, shall goe to the General Record, and in his office shall enter his^"^''- action ; then shall he request a writ to arrest the defend- ant as is abovesaid, returnable at least twenty dayes before the Court ; the bond of the defendant being returned into the Recorder's Office, the plaintiff or his Attorney, shall, ^^"'""^■ within foure dayes after, file his declaration in the Re- corder's Office (or he shall be non-suited) where the de- fendant or his Attorney may see it and take forth a coppie thereof ; then shall the defendant or his Attorney, file the ' "^ Defendant. answer eight dayes before the Court. And so shall they join issue, that Court, and proceed to Tryall, where the witnesses to prove or disprove the issue being produced, the plaintiff and defendant may plead their own cause, or have their Attorneys plead for them before y*" Bench, and^"°™^^" the inquest ; and the verdict and judgment being given, the Recorder shall enter it. But, in case the defendant puts in his answer, and at the Court makes his demurr, ^®°'"'"''- then shall the Court judge of the sufficiency thereof, and so shall accept the demurr, or proceed ; but in case he neyther puts in his answer, nor demurr, or gives in his 202 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. answer, but puts not in his demurr, and yet appeares not, '-*"^'"'*^ then shall be entered, he saith nothini^ ; and so shall it Nihil dicit. ' * ' be taken for granted he confesseth the action, and then shall go forth a writ from the Court vnto the Towme in which he lives, to enquire of dammages, which being re- turned to the Recorder, a process or writ shall go forth for Execution. And now forasmuch as we have prescribed Rules and orders, whereby are declared both the authoritie, office and duty of every person that shall be employed about this Colonic Court of Tryall, and have likewise declared, that the President's and foure assistants' office (among other things that belong to their care) is to see that or- der and course of Law appointed to this Court be dewly observed. It is agreed, and by the authority of this present Assem- blie enacted, that as the former Lawes are committed to their custodie to see them observed or executed, soe are these constitutions, so farr as they have a respect vnto an orderly finding out of Justice and the administration thereof, committed to their charge, to see them observed. And furthermore be it enacted, as that which adds to Tee Court to ^^^ conicly and commendable order of this Court of Judi- dwk.^"' cature, that at eight of the clock in the morning of those dayes vpon which the Court is appointed at the farthest, S!"^'*'' ^^^ President, the Towne Assistants, and the Head Officers of the same Towme where the Court shall be kept, (for their Councill and helpe,) shall sit in the pub- licke Sessions house, and also the Generall Recorder, where shall attend those that seeke for justice, their pleaders, witnesses, Tryars and the Generall Sarjant with his prisoners ready either to rid his hands of them, or else to doe execution vpon them or others as Justice shall require. In the first place, the Recorder shall present, and if there be time read over the bills of indictment ; and if, in case they have been examined or presented by an inquest AND PROVIDENCE PLANTATIONS. 203 before, then shall he pass them over ; if not, then shall 1647. the President sett apart the honest and lawfull men pre- ^-*-^'-^' pared for that purpose, by a solemn engagement, faith- fully to enquire touching the bills, and soe shall send them forth with the same. Then, in case there be any controversies or difficulties between partie and partie that are lawfully and orderly presented to that Court for Tryall, the Recorder shall read them over in the open Courtc, and that which was first joyned for issue, shall come first to the hearing. And because the twelve men are to have the hearing and de- termining of all controversies and differences depending between partie and partie, they shall be first called forth by the President and placed in order before those that are to be judged, from whom they shall receive a solemn charge vpon the perill and penaltie the law hath pro- vided, to do justice between the parties con tending j ac- cording to evidence. This done, then shall the parties, (having first had their lawfull challenges,) or their Attor- nies plead their cases before them, produced their wit- ^^'i^^''-- nesses for what they affirme, which shall be taken upon the like perill. AVhen they have sufficiently discussed the difference, then shall the President or any other of the Assistants mind the inquest of the most material passages and arguments that are brought by one and other for the case and against it, without altera- tion or leaning to one party or another, (which is too commonly scene,) and soe shall the President advise the inquest to goe forth and do justice and right between their neighbours, according to the evidence that has been vacancy, brought, for what has been pleaded. These beincc 2:one gone &, ° -^ ^ ^ the bench to forth, then may the Court proceed to deale with such asj^^"«=°^^" are bound by recognizance eyther to release them or to continue their Bonds, according as there is just cause, and may read over the Indictments that have been enquired into before, and are now presented as true bills, or that were committed to the inquest in the beginning of the 14 luatterB. 204 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. Court and are returned true bills. The twelve men re- ^-^^-^*-' turning with a verdict it shall be recorded, and see shall they be employed, vntill all the differences be ended, way and And forasmuch as it belongs to the Justice.s to taxe the loTairLniT costs, lett the vacant times be so employed. These controversies, differences and demands being thus all issued, then let the Recorder call to y' Sarjant to bring forth y'' Prisoners. Before each prisoner lett his in- dictment be read, and he demanded what he saieth to the indictment, whether Guilty or not. If he answer Guilty, his confession shall be recorded. If he sayeth not Guilty, then lett him be demanded if he will be tryed by God and the Country, sci: his countrymen. If he consents, the President shall call forth the twelve men before him, wish him to look upon them,, and ask if he have any thing against them ; if not, then he shall charge them vpon the former perill, to deale faithfully and truly in the matter ; it being a matter of consequence and moment, and to pro- ceed to determine according to the light of their con- sciences, vpon the evidence given in, and if any be found Guilty of death, to be reprieved to the next Court. And thus having issued all matters depending, the President with the assistants and councellors shall give forth writs vnto the Generall Sarjant for the severall executions, and so break vp the Court for that time and sitting. And be it further enacted,, by the authoritie of this pres- ent Assemblie, that the perill that any officer shall sus- teyne, for going without^ besides, or beyond his Commis- sion, shall be first lawfully and orderly judged. And that no officer employed in this Colonic shall think it strange or hard dealing to be brought to his faire Tryall, and Judgment for what he hath done amiss. Be it also enacted, that the Chiefe Officers of the Colo- TheTria^iofnie, Isknd, or Townes, shall be tryed and judged in the **■■* Generall Assembly by a committee of the most able and impartial! men, chosen out from among them, against whom they may have also their lawfull challenges : and AND PROVIDENCE PLANTATIONS. 201 that all other officers abusing their offices, shall be tryed 1647. and judged eyther in the Towne by which they were ^— ^*- chosen ; or, if the Towne please, or if not chosen by the Towne, then shall they be tryed and judged by the Colonic Court of Tryalls. And in case any man sues for Justice against an officer or other, and he cannot be heard, or is heard and cannot be righted by any Law ex- tant among vs, then shall the partie grieved petition to the Generall or Law making Assemblie, and shall be re- lieved. And now forasmuch as the choice of all the officers that are to be employed in this Colonic, like the Colonies about vs, once a year, whereby it may be easily collected,, that he that hath an office or charge this yeare, may have none another ; and it would be too prejudicial to the peace of the place or quiet Government thereof, for a man out of a discontented self-will, or other pretence, not to re- signe, together with his office, belonging to the Colonic, Island or Towne, to him that is chosen and appointed thereto. Be it therefore enacted by the authoritie of this present ^ DetainiDgf- Assemblie, that whosoever hath, or shall hereafter have,^«''=°'"'*« Books, Papers or Parchments, in which are conteyned Orders, Records, Purchases or Charters that belong vnto Colonic, Island or Townes, or have any other things ap- pertaining thereto, shall, within one month after another be chosen and appointed to take the charge thereof, de- liver vpp safely into his hands, all such Books, Papers, Parchments and other things that were in his custody. And be it further enacted, that he that shall not resigne PenMii? and deliver the books, papers, parchments, and other things above specified, within one moneth as he is ap- pointed, he shall forfeit f )r the first moneth tenn pounds ; for the second, twentie pounds ; and so shall it be every moneth doubled, vntill he deliver it, which forfeiture shall be taken, and by the chief Officers and Sarjant of Colonic, Island or Townes to which the wrong and injury is done, 206 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. by distraint vpon his Goods and Chattels, and shall be ^-^^'^^' committed to the Treasuric to which it belongs. And further be it enacted, by the authoritie of this present Assemblie, that a Humble petition shall be drawn vp to our Honoured Lords and Noble Governors, with the names of the Inhabitants of the Colonie subjoined, wherein is express'd our humble and earnest request and desire, that forasmuch as we are but poore, and the fines, forfeit- ures, waifs, strays, and amercements are not like to be much [in amount] they may be granted unto vs and con- firmed [to the Colonie] whereby some little helpe may be afforded to the government thereof, and to carry on the [administration thereof] therein. And be it further enacted, that one [be appointed by the] present Assemblie, and be employed to solicit in [England] with our Noble Lords for the obteynement [thereof.] [And forasmuch as we] find the nature and constitution of our place [makes it inconvenient] to bring all matters of differences vnto our place or Courte of Judicature, and also perceive our Charter granted vs by those Noble Lords and Governors, to be so free and full, that in all our trans- actions we may have an eye and respect vnto the nature and constitution of the place in which we are placed. We do therefore joyntly agree, (being also requested thereto) and do give, grant and confirme vnto the Island called Aquedneck, alias Road Island, and her two Townes, Sci: Portsmouth and Nuport, and eyther of them, full powre and authority, eyther joyntlie or apart, to constitute such particular orders, penalties and officers, as may more nearly concerne eyther each Towne apart, or the Island joyntly. And by their particular officers, or with the as- sistance or helpe of the generall, may execute such par- ticular orders and penalties, and so many of the Common Lawes agreed on in the Generall, and their penalties not annexed already unto the Colonie Court of Tryall, at such times, in such places, and after such a manner and forme AND PROVIDENCE PLANTATIONS. 201 as the major parte of the Inhabitants of each Towne shall, 1647. by free consent agree vnto, provided all this be done with ^-*^^'-*«" respect to the Provisoe in our Grand Charter specified. Sargants fees allowed at the Court at Portsmouth, 1649, for attending upon a prisoner, two shillings and sixpence per day ; for serving writs out of the Towne where the Gen'l Sarjant lives, three pence per mile for going, and three pence per mile back ; for the prisoners' commitment, five shillings ; all on , for going to serve executions, three pence per mile out [from] home ; and three pence per mile back. For going to levie fines, three pence per mile for, and three pence per mile back. A TABLE OF FEES. s. d. The action entering, and the Writt thereon, 1 0 The filing of a bill, or declaration, - - 1 The filing of an answer, - - - - - 1 The exemplification of a Record, - - - 2 6 The Coppy of a bill, or declaration, - - - 2 The Coppy of the answer, _ - - - 2 The examination of every witness, - - - 6 The exemplifying the Testimony of every witness, 6 For entering of a nihill dicit, _ _ _ 2 For a writ of enquirie, ----- 2 For a scire facias, - - - - - 2 For a fierie facias, _ _ _ _ - 2' For a venire facias, ----- 2 For entering the verdict, _ - _ - 1 For Baile entering to every action, - - 2 6 For recording Judgment and issue, - - - 2 6 208 RECORDS OF THE COLONY OF RHODE ISLAND, 1647. s. d. -'^^^"'^ For a writ of execution, - - - - - 2 6 For a distringas, - - - - - -10 For binding to the peace, or good behaviour, - 6 8 For acquittal of Felonie, or suspicion thereof, - 2 6 For making a Record of Reference, - - - 2 6 For entering the Traverse of an Indictment, - 2 6 For plea upon the Traverse, - - - - 2 6 For filing the Inventory of goods taken upon execution, 6 8 For a writ of accompt, - - - - - 1 0 For drawing up a bill of Indictment, - - - 2 6 For the subpoena of every person, - - - 10 For a writ of Audita querela, - - - - 1 0 For a writ of error, - - - - - 5 0 For a writ of attaint, - - - - - 5 0 For every Commissioner out of Court, - - 5 0 For filing of every returne, - - - - 1 0 For a Justice, 26 For binding over to the Court, - - - - 2 6 For committing to prison vpon refuse of Baile, Cofessing a Judgment in Court, - - A protest in Courte, - - - - - Acts and orders made at the General Courte of Election, held at Providence, May 16, 1648. Mr. Nicholas Easton, was chosen moderator for and during this Assembly. V/illiam Dyre is chosen Clarke of the Assembly during y® sitting thereof. Mr. William Coddington was elected President, AND PROVIDENCE PLANTATIONS. 209 Mr. Jeremy Clark, Assistant and Treasurer. Elected 1648. ■and Engaged. ^--^-v-**^ Mr. Roger Williams, Assistant. Mr. William Baulston, Assistant. Mr. John Smith, Assistant. Elected and Engaged- Phillip Sherman, General Recorder. Mr. Alexander Partridge, General Sarjent. It is ordered, that Captain Clarke and Mr. Barton shall go to y° Bay and carry the Letter and receive their an- swer, concerning Warwick business. It is ordered, that six men of each Towne shall be chosen, in whom y^ General Court shall continue ; and each Towne here shall have the choice of their men if they please ; or if any Towne refuse, the Court shall choose them for them ; if any else beside will tarry, they may whose helpe is desired. And further it is ordered, that this Committee shall have power to determine by y" Major vote. It is ordered, and by this Court determined, that the General Court of Tryall shall be kept by Courte in such places where the action did arise, or where the persons are apprehended and taken, and at such times as the Committee in whom the authority of this Court is con- tinued. And that those suits that are already com- menced, or shall be judged just by the Committee to be commenced, shall be then and there tryed, as if they had been in the place, and according to y° time formerly appointed and vpon the same engagment to the Court. PROVIDENCE. NEWPORT. Thomas Olney, Mr. Easton, Moderator, Thomas Harris, Wm. Dyre, Clerk, William Withenden, Mr. John Clarke, Hugh Benett, James Weeden, Robert Williams, James Barker, Gregory Dexter. Joseph Clarke* 210 RECORDS OF THE COLONY OF RHODE ISLAN]>y 1648. WARWICK. PORTSMOUTH. -^^>'^^-' Mr. John Smith, Capt. Morris, Ezek. Holyman, John Tripp, John Warner, George Lay ton,, Robert Potter, William Almy, Chris to. Helmes, John Briggs, Peter Green. Sam'l Wilbor, Jun'r. It is ordered, that the Clarke of this Assembly shall give and receive in y" name of y" State, the engagement to the Officers of State according to y^ order. And it is further ordered, that, whereas in the engagement of y® Of- ficers of State, there is a clause at y" latter end thereof, vidg't, "according to y® best of your understanding." The Court interprets their meaning to be, that they are not, or shall not vary from the Letter of their Commis- sion by any equivocall expositions. Mr. Jeremy Clarke and Mr. John Smith, were elected and sworne. Mr. Coddington and Mr. Balston are sus- pended. It is ordered. That whereas there are divers bills of complaint exhibited against Mr. Coddington who was elected President.. That if the said President elect shall be found Guilty, or being cleared of the said charges, re- fuse the place ; or if he refuse to give his engagement to the next Session of this Court to be held for this Colony, that then y^ Assistant of Newport, to wit, Mr. Jeremy Clarke, shall be invested in his place, and shall take the authority of that place upon him. It is also ordered. That if at any time hereafter, he that is made President shall happen to depart the Colony or Province into any other Colony, or into Old England, or if y' said President shall dye ; then the General Assistant of that Towne where the President was chosen, shall sup- ply the roome of the President so non-resident or vacant, with as full powre and authority by virtue of this act as if he had been chosen thereto, vntill the said President's re- corder's De AND PROVIDENCE PLANTATIONS. 211 turne, or a new be chosen at y" next General Court of 1648. Election ensuing. v— ^-v-^.^ It is also ordered, that the Clarke of this Assembly shall retaine in his hands, the Records of the State and supply the General Recorders office in all points till y'' General Recorder elected shall come at y*" next Sessions of this Court and give his engagement to y'' State, and therein be invested. And it is also further ordered, that if it happen that y^enerai Re- General Recorder dye, or departe the Colonic, then the! Towne where he did live shall take into custody the place and charge, and invest some one in y*" place till y*" next General Court of Election. It is ordered, that forasmuch as the President elect hath not attended this Court for y"" clearing of y^ accusations charged vpon him ; Be it enacted and by the authority of this Court established, that the Assistant of that Towne wherein the President was chosen, Vidg't., Mr. Jeremy Clarke shall supply y® place of the President, with as full powre as if he had been elected and installed therein, un- till the said President elect shall be cleared and installed, or a new President be elected and installed, any clause in any other act or acts in any other order formerly made notwithstanding. It is ordered, that y^ Generall Court of Tryall shall be- gin at Newport on Tuesdey three weeks, vidg't, the loth of June, and from thence to Portsmouth, and so forward if there be occasion : And it is ordered, that all causes or complaints exhibited to y*" said Generall Court of Tryall, shall be heard and determined by j" said Court ; and in case there be non-suits or nihil dicits taken, that then y® Jury empannelled for the said Court, shall enquire of Damages and Executions to issues forth thereon, which shall be as good and of effectual force, any clause in any act notwithstanding. It is also ordered that y^ Sarjants of y® Townes shall execute their offices as formerly they have done, till there be a new General Sarjant made. 212 RECORDS OF THE COLONY OF RHODE ISLAND, 1648. It is also ordered, that if any of the Assistants shall be ^-^^^'^^^ absent from the General Court of Tryall, then those that Assistants absence, aro proscnt shall be the judges of that Court effectually ; any act or order formerly made notwithstanding. It is ordered, that Captain Clarke, Lieut. Dyre and Ensigne Barker shall state the affaires of y° Band of Newport, and present it to y" next sessions of the Gen- eral Court to confirme and establish. It is ordered, that each Towne shall within ten dayes To^vnoffl- meet together to choose their Towne officers, and that chosen- ^ Mr. Easton shall call the townsmen of Newport ; and Mr. Porter and Mr. Sanford shall call the townsmen of Ports- mouth ; and Mr. Weeks for Warwick ; and by virtue of a commission to them, shall call y^ people together for to performe the service aforesaid, and to determine of their towne affaires. Prison. It is ordered, That this Courte doth desire that y" prison in Newport may be y" prison for y*' Colony for y^ present, and that they would be pleased to appoint a keeper thereof. Special Bay- j^ jg oidcrcd, That if y^ sarjeants be hindered or will not serve any writt to them directed, then a speciall bay- liffe shall be made and appointed for that service by him that hath authority to grant the writt. It is ordered. That the water baylies shall continue in their places. La^e!/ It is ordered. That y" bulck of Lawes shall continue their force till the end of y'' next sessions of y° General Court, or till they be repealed ; any former act notwith- standing. Geor'e" °^ Whcrcas, George Wright did petition y^ Court concern- wright. ing a scandalous report, rais'd as was said by Daniel Gould and Henry Stephens, who having upon their oaths cleered y" matter, Mr. Easton and Mr. Jeffray are ordered to write to Plymouth, to y" end his bonds may be taken off. It is ordered, that Mr. Jeremy Clarke, Mr. Easton, Mr. AND PROVIDENCE PLANTATIONS. 213 John^ Clarke, and Wm. Dyre shall state y^ accusations 1648. and articles of all those that stand charged in or to this '--*^-*-^ Court ; presumptions in their places, and peremptory in their places. It is ordered, That y^ Scale of , presented by Wm. Dyre, shall be the scale of y"" State for y^ present to seale the writts originall and judiciall, or other records. It is ordered, that y'' dark of the Assembly shall send a coppy of these acts and orders to every Towne with con- venient speed. It is ordered, that the President Regent, to witt, Mr. Jeremy Clark, shall receive y^ answer from y° Bay ; and shall consult with this committee, and townes to give a reply. Also, it is ordered, that he consulting as afore- said, shall have powre to call y"" next sessions of Generall Assembly vntil which time this court is prorogued. An act made and agreed upon for the well-ordering of this Assembly. It is ordered. That y^ moderator shall cause the Clark of y® Assembly to call over the names of the Assembly. That the moderator shall appoint every man to take his place. That all matters presented to the Assembly's considera- tion, shall be presented in writing by bill. That each bill be fairly discust, and if by y® major vote of the Assembly it shall be putt to a committee to draw tiTe commi* '' '- sion Court. vp an order, which being concluded by y* vote, shall stand for an order threwout y° whole colony. That the moderator shall putt all matters to vote. That every man shall have liberty to speak freely to any matter propounded yett but once, vnless it be by lease from y^ moderator. That he that stands vp first vncovered, shall speake first to the cause. That the moderator by y® vote of y^ Assembly shall re- 214 RECORDS OF THE COLONY OF RHODE ISLAND, 1648. journe or dissolve y" court, and not without, at his great That he that shall returne not to his place at y*^ time appointed, shall forfeitt sixpence. That they that whisper or disturb y" Court, or useth nipping terms shall forfeitt sixpence for every fault. WM. DYRE, Clerk of the Assembly. [A special General Asseinblie was hoklcn at Warwick, in March, 1649 ; there is no record however, of their proceedings. In a letter from Mr. Wil- liams to Mr. John Winthrop, he refers to the proceedings of this Court. It seems that he was not present, and that the colony elected him Deputy Presi- dent, Mr. Coddington having sailed for England with his daughter, in Janua- ry. The colony was thrown into great excitement, by the. report of the dis- covery of a gold mine on the island. ^Mr. Williams sent some bags of the ore to Mr. Winthrop, and writes " it is certainly affirmed to be both gold and sil- ver ore, upon trial." The Assembly passed an act, taking possession of the mine in the name of the State of England, and issued a proclamation forbid- ding all persons to intermeddle with any of the ore. This was published by William Dyre, appointed for that purpose, for want of a Herald at arms, and the arras of England, and of the Lord High Admiral, were set up at the mine. Fortunately, a more accurate examination dissipated the golden dreams of the colonists, by proving the report unfounded. At the same session the following- charter was granted to the town of Providence.] — Staples' Annals of Provi- dence, p. 72. CHARTER OF PROVIDENCE. Whereas, by virtue of a free and absolute charter of civill incorporation, granted to the free inhabitants of this colonie of Providence, by the Right Honorable Robert, Earl of Warwick, Governor in chiefe with the rest of the Honorable Commoners, bearing date the 7th day of March, Anno 1043, givinge and grantinge full power and authori- tie vnto the said inhabitants to governe themselves and such others as shall come among them, as also to make, constitute and ordaine such lawes, orders and constitu- tions, and to inflict such punishments and penalties as is conformable to the lawes of England, so neare as the na- ture and constitution of the place will admit, and which AND PROVIDENCE PLANTATIONS. 215 may best suite the estate and condition thereof, and 1G49. whereas the said towns of Providence, Portsmouth, New- ^-«»-v— a^ port and Warwick are for remote from each other, where- by so often and free intercourse of help, in decidinge of differences and trying of causes and the like, cannot easi- lie and at all times be had and procured of that kind is requisite ; therefore, upon the petition and humble re- quest of the freemen of the Towne of Providence, exhib- ited unto this present session of the General Assembly, wherein they desire freedome and libertie to incorporate themselves into a body politicke, and we, the said Assem- bly, having duly weighed and seriously considered the premises, and being willing and ready to provide for the ease and libertie of the people, have thought fit, and by the authoritie aforesaid, and by these presents, do give, grant and confirme unto the free inhabitants of the towne of Providence, a free and absolute charter of civill incor- poration and government, to be knowne by the Incorpora- tion of Providence Plantation in the Narragansett Bay, in New-England, together with full power and authoritie to governe and rule themselves, and such others as shall hereafter inhabit wiihtn any part of the said Plantation, by such a form of civill government, as by voluntarie con- sent of all, or the greater part of them, shall be found most suitable unto their estate and condition ; and, to that end, to make and ordaine such civill orders and con- stitutions, to inflict such punishments upon transgressors, and for execution thereof, and of the common statute lawes of the colonye agreed unto, and the penalties and so many of them as are not annexed already unto the colonye courte of trialls, so to place and displace officers of justice, as they or the greater parte of them shall, by one consent, agree unto. Provided, nevertheless, that the said lawes, constitutions and punishments, for the civill government of the said plantation, be conformable to the lawes of England, so far as the nature and constitution of the place will admit, yet, always reserving to the aforesaide Gener- 216 RECORDS OF THE COLONY OF RHODE ISLAND, 1649. all Assemblie power and authoritie so to dispose the gen- -'*^'^^-' erall governmente of that plantation as it stands in refer- ence to the rest of the plantations, as they shaU conceive, from time to time, most conducing to the generall good of the said plantations. And we the said Assemblie, do fur- tlier authorise the aforesaid e inhabitants to elect and en- gage such aforesaide ofi&cers upon the first second day of June, annually. And, moreover, we authorize the said inhabitants, for the better transacting of their publicke af- faires, to make and use a publicke seale as the knowne scale of Providence Plantation, in the Narragansett Bay, in New-England. In testimonie whereof, we the said Generall Assemblie, have hereunto sett oure handes and scales the 14th of March, anno 1648. JOHN WARNER, Clerk of the Assemblie. Acts and Orders made at the Generall Court of election held at Warwick, May the 22d, 1649. First, it was agreed, that I\Ir. Roger Williams who supplieth the President's place shall be moderator of this court untill a president be chosen and engaged. Mr. John Smith of Warwick, is chosen President for this yeare. Elected and engaged. Mr. Thomas Olney is chosen General Assistant for Providence. Elected and engaged. Mr. John Samford is chosen Generall Assistant of Portsmouth. Elected and engaged. Mr. John Clarke is chosen General Assistant for New- port. Engaged. AND PROVIDENCE PLANTATIONS. 217 Mr. Samuel Gorton is chosen Gencnxll Assistant for 1649. Warwick. Elected and engaged. ^^--i-^v-^^ Phillip Shearman is chosen General Recorder. Elected and engaged. Mr. John Clarke is chosen Generall Treasurer. Richard Knight, Generall Sarjent. Engaged. Mr. Roger Y/illiams is chosen to take a view of the records delivered into the court by Mr. Wm. Dyre. It is ordered, that one man of each Towne of the Col- Commute? lonie be apoynted for a committee to examine some voates brought into the court. Vidg't, Mr. AVilliam Balston, Mr. Ilouldinge, Mr. Robert Williams and Mr. Jeremie Gould. Mr. Balston, Mr. Ilouldinge, Mr. Robert Williams and Mr. Goulde beinge chosen to examine some voates brought into the courte, are authorized by this courte to examine parties and present to this court what they finde in the case. Royai It is ordered. That the order made by the committee at Mines. Portsmouth concernynge royall mynes shall stand in full force and virtue untill the pleasuer of the State of Eng- land in that particler be further declared. It is ordered, for the prevention of corruption of voates ^°^^^' for the futuer^ that this clawes be added to the former or- der made concerning voates, viz , that none shall bringe any voates but such as they receive from the voaters hands, and that all voates presented, shal be filed by the recorder in the presence of the Assembly, during the tyme of the Court. It is ordered, that noe person within this collonie, after siack the tenth of June next, shall take any black peage of the Indians but at four a penny ; and if any shall take black peage of the Indians under four a penny, he shall forfeitt the said peage, one halfe to the informer, and the other halfe to the State. It is ordered, that if a President elected, shaU refuse to Fines or serve in that Generall Office, that then he shall pay a fine 218 RECORDS OF THE COLONY OF RHODE ISLAND, 1650. of ten pounds. And the Generall Assistant that refuseth ^-^^^^^^ to ser\e after being chosen, shall pay a fine of five pounds. It is also ordered, that he that hath most voates next to him that refuseth, shall supply the place of him that re- fuseth. It is ordered, that the Town magistrates of the Town Town liag- whcarc the Generall Court of tryalls shall be, shall sit in iVfu^court. court with the Generall Officers, and have equall authority to voate and act with the Generall Officers. It is ordered, that the law concerninge militarie officers Mi;itary be further quickened, confirmed, ratified and duly execut- Affaires. . ed ; and whereas the order saieth that the two chiefe offi- cers of each Towne, to witt, one of the Towne and the other of the Bande shall judge the fines, &c. It is fur- ther explained and ordered, that the Generall Assistant for that Towne, the two deputies or towne magistrates, and the Captaine of the band, shall judge and determine the fines as in the order, &c. It is further ordered, that if any man shall be chosen Captaine and refuse the place ; and accepting the place neglect to traine the band vppon the dayes appointed, he shall forfeitt five pounds ; and tliner^fifse ^^^^ Licftcnant in like manner, fifty shillings. It is fur- to exercise, ^j^^^^. ordcrcd, that w^arrants be yssued from this Court to each Towne, and delivered to the Towne deputies or mag- istrates, that the law may be in force and duly executed within thirty dayes, under the penaltie of the forfituer of ten pounds. It is ordered, that this clawes in the order concerninge traininges, to witt, (after the Towne councill have caused them to be supplied) is repealed. It is ordered, that a messenger bee sent to Pumham, and the other sachem, to requier them to come to this MeBsengor. Qq^^^j-^ ^^^^^ ll^g^j. lettcrs bc scnt to Benedict Arnold and his father, and the rest of Patuxit, aboute thear subjectinge to this collonie. It is ordered, that each Towne within this collonie shall provide a prison in theare Towne, with a chimneye and AND PROVIDENCE PLANTATIONS. 219 necessaries for any oflfender that shall be committed, with- 1649. in nine months, upon the penaltie of the forfeituer of tenn ^"---^^-^-^ pounds ; and in the mean while it is ordered, that the prison in Newport shall be the collonie prison, and Rich- ard Knight, Generall Sarjeant, shall be the keeper of it. It is ordered, that the bill presented by Mr. William M^.^^y^e'i Dyre unto this present Courte for service done for the State of Providence Plantations, be sighned unto Mr. Jeremie Clarke, to be payed unto Mr. William Dyre, out of the generall stock now in his hands. It is ordered, that the suits presented unto this Assem-Mayas. blie by Mr. William Dyre against Mr. William Codding- ^^rred. ton, be deferred untill the Generall Courte of trialls to be houlden for this collonie in October next at Portsmouth. It is ordered, that the next Generall Courte of trialk for this collonie in October next, shall be houlden at Portsmouth. It is ordered, that the next Generall Courte of Election^ and the Generall Courte of trials immediately to' follow in May next, shall be houlden in Newport. It is granted unto Mr. Roger Williams^ to have leave to suffer a native, his hyered household servant, to kill fowle for him in his piece at Narragansett about hi& house. It is granted unto Mr. Roger Williams to have leave to* sell a little wine or stronge water to some natives in theare sickness. It is ordered, that the forme of the letters ordered to- be sent to Pertuxit, and to Benedict Arnold, shall be by the authoritie of tHs Court, and sealed by the Generall Recorder. It is ordered, that this present Assemblie be prorogued untill the day before the Generall Courte to be houlden at Portsmouth, in October next, unless the President shall see cause to- call it sooner. FINIS.- 15 RECORDS OF THE COLONY OF RHODE ISLAND y Acts and Orders made at the Generall Courte of Election held at Newport, Maij the 2od, (1650), /or the Colonie of Providence Plantations. It was voated, and by voate concluded, that a modera- tor shall be chosen for this present day. It is ordered, that the election shall be this present day. It is ordered, that he that is chosen President for this next yeare ensewinge shall be Moderator tomorrowe, and for a longer time as the Assemblie shall determine. Mr. Nicholas Esson is chosen Moderator for this present day. It is ordered, that the letter read in the Assemblie, be sent to Mr. Koger Williams, that according to the con- tents theareof, he may informe the Sachem of the mynde of the Courte therein ; and the message sent by worde of mouth to reporte to the Sachem is of the same au- thor! tie. It is ordered, that this present election shall stande and be authenticke, notwithstanding all obstructions against it. Mr. Nicholas Esson is chosen President for this yeare, and engaged. Mr. Wm. Field is chosen G. A. for Providence, and engaged. Mr. John Porter is chosen Gr. A. for Portsmouth,, and engaged. Mr. John Clarke is chosen G. A. for Newport, and engaged. Mr. John Wicks is chosen G. A. for Warwick,, and engaged. Philip Shearman is chosen General Recorder, and engaged. AND PROVIDENCE PLANTATIONS. 221 Richard Knight is chosen Gen'l Sarjant for the collo- 1650. nie, and engaged. ^s-^p-v.-*.-- Mr. John Clarke is chosen General Treasurer, and en- gaged. It is voated and resolved, by this Generall Assemblie, that whosoever absent himself, yet the committee that is fj'™^/''"'^" chosen shall attende the business, and what is acted by them, or the major parte of them, shall be of as full force, as if the whole had remayned and enacted it. It is ordered, that in case the committee shall fallcomitioneif. shorte of six out of each Towne, that then they that ap- ""^ ^ "^" peare from each Towne shall have libertie to choose and make up their number. It is ordered by this Assemblie, that if upon complainte ^ Comitiouers- and due tryall of any member of the Generall Assemblie, '"'p*''"^^^ and he bee not founde a fitt member, that the Assemblie • have powre to suspende him, and to choose another in his roome. It is ordered, that the third, fourth and fifth order made by the committee at Portsmouth, March the 6th, 1648, be of force for this present Assemblie, upon the penaltie of forfeituer of sixpence for everie default. It is ordered, that he that first stand up oncovered to . ■ speake, shall first speake ; and he that interrupt shall for- feit sixpence. It is ordered, that Captaine Richard Morris, ^^orge ^^^^^.^ Blisse, James Badcock, Peter Busserole, William Havens, ^"■'"^• and Gabriel Hick, all excuses sett aparte, shall mende and make all lockes, stockes and pieces that by order from the warden of each Towne shall be from, any of the inhabitants thearof presented to> them^. for just and suitable satisfac- tion in hand payed, without delay, under the penaltie of ten pounds, to be levied by distraint from the head officer to the use of the sayd Towne 's militia. It is ordered, that all men that have gunns and pieces <^unns t« to mend, and have need to have them mended for their •■ "r present defence, shall forthwith, according to order, carrie Ryolt Oiarke'a ac 'Compt. XAwfull ap ip«&rance. 222 RECORDS OF THE COLONY OF RHODE ISLAND, 1660. those pieces to mende, upon paine of forfeiting ten shil- ^^^-^^^ lings a piece, which shall be levied by distraint from the head officer of the Towne to the use of the sayed Towne's militia. It is ordered, that the bills presented to this Courte shall be put to particular committees to scann and give in their result. It is voated and concluded, that the bill commenced to this Generall Courte of Tryalls aboute a ryot, was not le- gally commenced against Patuxit men. Mr. John Clarke returned his accompte into the Courte for the yeare 1G49, that he [had] received nothing as Treasurer, and therefore have nothing in his hande. It is ordered, that the Recorder shall signe the warrants that goe forthe out from the Courte. It is ordered, that by lawfuU appearance to answer the sute, is to be understood that the partie that is bound for any man's lawfuU appearance, shall bringe in the partie for whom he is bounde into the Courte, and committ him to the Courte to which he is bounde, or else be liable to the condemnation of the Courte. It is ordered, that from henceforth noe sute in any Courte of Justice within this jurisdiction, that is hearde, judged^ and execution served thereon, such suite or action shall not againe be rehearde in any Courte, either of Towne, or of Generall Courte of Tryalls within this Colonie. It is ordered, by the authoritie of this present Assera- Bebearing. ^ij^^ ^^^t if any porsou will have his cause, action or sute reheard in the Generall Courte, having been heard and judged in a particular Courte, shewing defect in some sub- stantiall matter, error, or attain te, the judgment shall be stayed, and the person desiring the hearing, shall pay pres- ently ten shillings to the Courte to help to defray the charg- es and costs of the Courte, and soe shall have his libertie. Also, if any person shall in the Generall Courte of Tryals desire a rehearinge, it is ©rdered, that he shall pay >8iut«is not t«be re- 'Beheaaing ivOenerall OMile. AND PROVIDENCE PLANTATIONS. 223 twenty shillings to the State, and cost of the Courte as 1650. aforesayed for the Courte's use. Provided, that upon "-'"^'"^^ paying the sayed cost and mult, the person sueing the ap- peale or rehearinge of the cause in any Courte, be bound in sufficient recognizance to the partie sued, to prosecute at the next Courte insuinge, or he shall forfeit his bond ; and the judgment and execution formerly premised and given, shall take its full force and virtue, accordinge to rule of lav7. It is determined by voate, that the Collonie hath pro- Need-ess t • vided already a sufficient way for the tryinge and issuing such causes ns is presented, and for the securing of so much estate as may satisfie the plaintiffe, and therefore needless to sequester the estate in controversie. It is ordered, that the Generall Officer of each Towne ^Xb'.""' shall have power to graunt a supercedent or removall of sutes, the partie desiringe the sayd writt haveing per- formed the law before in that case provided. It is ordered, that the proportions allotted to the proviso for Towne for a magazine for the present, and constant Wpply, be equally layed upon the inhabitants of each Towne by the councill thereof, according to each man's strength and estate ; which being made known to every man by theare Sarjeants, those that bringe in their pro- portions to the Treasurer within twentie dayes, shall be freed from the penaltie that the State hath imposed on the Towne in case of default, and all the rest in generall, and ech man in particular shall be liable to the penaltie above sayed. It is ordered by the authoritie of this present Assem- Magazine. blie, that each Towne shall have in it a magazine for its present and constant defence. The Towne of Providence shall have in its magazine one barrell of good powder, five hundred poundes of leade, six pikes, and six muskets all in good case and fit for service. The Towne of Portsmouth shall have in its magazine 224 RECORDS OF THE COLONY OF RHODE ISLAND, 1650. two barrells of good powder, one thousand weight of -^'-^''"'^^leade, twelve pikes and eighteen muskets, all in good case and fit for service. The Towne of Newport shall have in its magazine three barrells of good powder, one thousand weight of leade, twelve pikes and twentie foure muskets, all in good case, and fit for service. The Towne of Warwick shall have in its magazine one barrell of good powder, five hundred weight of leade, six pikes and six muskets, all in good case and fitt for ser- vice ; and all thease magazines shall be thus compleately furnished by the last day of the month called August next ensuinge, under the penaltie of ten pounds sterling for each default therein, upon sufficient information of the default, by virtue of a warrant from under the Presidents hande, the Generall Sarjeant shall take it by distraint and forthwith returne it into the publicke Treasurie. It is ordered, that in case a nihil dicit be taken in Nihil (licit, any Courte, the Jury of that Courte shall make inquirie, and execution shall goe forth, any lawe to the contrary notwithstanding ; and this lawe to bee of force so soone as this Generall Courte bee dissolved ; provided that for the nihil dicifs that are taken in this present Courte, the former law shall be of full force. It is ordered by the authoritie of this present Assem- blie, that whosoever shall present a pittition or bill unto thease assemblies which conduce to their private advan- tage, that then they shall lay downe six shillings and eight pence, which shall be to defray the charges of this Assemblie. It is ordered, that there shall be such a honourable and sutable closuer, with the Massachusetts in their proceed- ings, they being so substantially proved to bee legal and ^jnnmt-8 j^^^^^^ ^^^ ^^ grauut fortli from this Courte, execution upon the Goodes and chattels of Ralph Earle to the full value of the debt, and to discharge Munnings : Neverthelesse provided, that this debt thus levied, shall not be delivered AND PROVIDENCE PLANTATIONS. 225 m the handes of the creditor untill a letter be sent from 1647. the Generall Officers of this Collonie unto the Magistrates ^-*-^'-"*-' of the Baye, that such sufficient discharges be given, whearby Ralph Earle may bee in perpetuall rest and quiett in respect of the debt, and Munnings satisfied. It is ordered, that forasmuch as all Bondes for apear- ance to this present Courte to answer the sutes, that those ^o°nunue° bondes specified are made to the Courte in May, if those sutes be not trycd in May, those bondes shal be of full force in every respect unto the end of this Courte, as if they had been tryed in May. It is ordered, that the next Generall Courte of try alls for this collonie shall be houlden at Portsmouth. It is ordered, that the next Generall Courte of Election shall be houlden at Portsmouth. It is ordered, that Pessicus shall have libertie to gett so many chesnutt ryens upon the common of the Island as may cover him a wigwam ; provided, he take John Greene with him, that no wrong may bee done to any particular person upon the Island. It is ordered by this Courte, to apoynt an Atturney ^^^^^^^y Generall for the Colonic, as also a Solicitor. That the Atturney Generall shall have full power to impleade any transgresssion of the lawe of this State in any Courte of this State ; but especially to bringe all such matters of penall lawes to try all of the Generall Courte of Try alls, as also for the tryall of the officere in the State at the Gen- 1;^;^^;^^" ^'- erall Assemblies, and to impleade in the full power and authoritie of the free people of this State, their preroga- tives and liberties ; and because envy, the cut throat of all prosperitie will not faile to gallop with its full careere, let the sayed Atturney be faithfully ingaged and author- ized and encouraged. Engaged for the people, by, or in the peoples name, and with their full authoritie assisted ; authorized, that upon information of transgressions or transgressors of the lawes, prerogatives and liberties of the people, and their penall lawes, he shall under hand .Generall So- licitor. 226 RECORDS OF THE COLONY OF RHODE ISLAND, 1650. and seale take forth summons from the President or Gen- '-*''^'"^^ erall Assistants, to command any delinquent, or vehe- mently suspected of delinquencie in what kind soever accordinge to the premises, to appeare at the Generall Courte, if it be thereto belonginge, or to the Generall Assemblie in those matters proper thereunto ; and if any refuse to apeare at that mandamus in the State of Eng- land's name and the free people of this State, he shal be judged guiltie, and so proceeded with according to fine or penaltie. It is ordered, that the Solicitor shall prepare all such complaintes to the Atturnies hand, not hindering any au- thoritie of the Atturnie by oration presented in the So- licitor's absence if he please. It is ordered, that if in case of prohibitions (as concern- ing gunnes, powder, lead, &c.) : it being proved that such and such, or any one had a gunn, &c. ; or the Solicitor bona fide, in his owne knowledg, doe knowe and can sware, &c. ; that such a one was posest of a gunn, &c., as his owne proper goods, and upon demand of the Solicitor cannot produce, or will not give a good account what is become of it, before one or two persons or the At- turney, he shall be judged guiltie of breach of the lawe, and to be accordingly dealt withall ; and that the lawe shall extend to enquirie especially of gunnes and other prohibitions, as powder, shott, leade, wine or liquors that hath been marchandized or convayed away to the Indians since the lawe made in that respect. Mr. William Dyre is deputed Generall Atturney for the Colonic, and ingaged. Hugh Buit is deputed Generall Solicitor, and In- gaged. Triming. It is ordered, that each Towne shall order its owne mi- litia, any lawes or clawses in any lawe formerly made, notwithstandinge. It is ordered, that the Generall Recorder shall have five shillings for ech coppies of the orders of the Courte hould- AND PROVIDENCE PLANTATIONS. 227 en at Warwick, payed unto him by ech Towne ; and ten 1650. shillings for ech coppie of the orders of this present ^-^"^'"^•' Courte, to be payed upon the deliverie of ech coppie to ech Towne. It is ordered, that the council! of ech Towne be in-Mr.wii- ' liams' Debt joyned forthwith to proportion Mr. V/illiams that debt and other summes apoynted thereto, according to every man's strength and state ; which summes being made knowne to every inhabitant thereof, they that bringe in their propor- tions within twentie dayes after notice is given, shall be free from that penaltie ; and the rest in Generall, and ech man in particular shall be lyable to the penaltie of the for- feituer of ten pounds ; which summes shall be forthwith taken by destraint by a warrant from the chiefe officer of the Towne, and the penaltie also in case he resist him, and in case the Councell refuse to make such a rate or levie, that then they shall forfeit fortie pounds. It is ordered, that if [there is] any poore man amongst J'^™ ^*** us, not worth five pounds, the Towne Councell shall au- thorize the sayd poore man by a speciall signification to the office whither the sayd poor man shall resorte, and proceede under the title of form a pauperis. It is ordered, that whatever actes have paste in anywegaiAct* Courte formerly illegally, are by the authoritie of this present Courte nullified. It is ordered, that if any man shall damnific a man, and Attachmont the man live in another collonie, and yet hath an estate here, that estate is responsible for all such damage by at- tachment in any particulai Courte, or in the GeneraU Courte, any law notwithstandinge. It is ordered, that no Magistrate shall take any testimo- Testimony ° to be taken ny but what shall be by their owne hande written ; and J'^^^^g^'^sis that no evidence of another man's writing shall be signed for a testimony under a magistrate's hande. It is ordered, that he that shall be molested by an un- ynj"f? "^o- , ' •' lestation. just indictment, the partie that hath sworne the sayd in- dictmentj if his oath prove not to be true, the partie 228 RECORDS OF THE COLONY OF RHODE ISLAND, 1650. greeved shall recover his costs and sufficient damages by '-^"''"^^an action of the case, and the partie so ofFendinge shall be punished bj sitting in the stockes six owers, or pay twentie shillings to the the Courte to which it belonge. It is ordered, that a committee of six men of ech Towne shall be chosen out of ech Towne to meet foure dayes before the next Generall Courte, and to have the full power of the Generall Assemblie, and ech committee man to be allowed two shillings and sixpence per man a day by the Towne that chose them ; also the like wages for this Generall Assemblie. ZsgvLf Be it enacted by this present Assemblie, that whosoever stat°.^ shall speake wordes of disgrace contemptuously under- valuing of that Honored State of England, he shall suffer a severe punishment according to the judgment of his peers, theare fault being