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Records of the Colony of Rhode Island and Providence Plantations, In - : ,- CORNELL UNIVERSITY LIBRARY FROM CORNELL UNIVERSITY LIBRARY _3 1924 071 194 843 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924071194843 RECORDS OF THE COLONY OFEHODE ISLAND AND PEOVIDENCE PLANTATIONS, NEW ENGLAND. PRINTED BY OEDEE OF THE GENEBAL ASSEMBLY. EDITED BY JOHN RUSSELL BARTLETT, SECRETARY OF STATE. VOL IV 1707 to 1740. PEOVIDENCE : KNOWLES, ANTHONY & CO., STATE PRINTERS 1859. CORNELL UNIVERSITY LIBRARY^ PREFACE. The fourth volume of the Colonial Records of Rhode Island, includes thirty-three years of its annals. It begins with the proceedings of the February session of the General Assembly 1707, and ends with the October session of 1740. The plan followed in selecting the matter for the present volume, is the same as that of the previous volumes, except that all legislative business of a private nature, has been omitted. In the early volumes, private matters were so blended with those of a public nature, and had so direct a bearing upon our colonial history, that it was deemed advisable to notice them. But during the period embraced in this volume, the business of a private character had so much increased, and possesses so little interest after the lapse of a century and a quarter ; and, moreover, has so little bearing on the history of the state, that it was thought best to omit it, after the printing of the vol- ume had been commenced. The matter thus left out, includes all resolutions authorizing parties to sell real estate ; the granting of letters of administration ; the appointment of guar- dians ; the payment of salaries and accounts ; records of deci- sions of law cases before the General Assembly, and proceed- ings relating thereto. But even with the matters above stated, whenever the pro- ceedings seemed to have a bearing upon, or illustrated the history of the time, they have been printed. ; IV. PREFACE. The public acts passed during the period in question, have also, with few exceptions, been omitted, as all, save those which were subsequently repealed, have already been printed in the volumes of public laws of 1719, 1730 and 1744. A few of these laws had been inserted before it was decided to change the plan, and insert merely the titles, with a reference to the printed volumes where found. Notwithstanding the decision to omit the public laws, cer- tain ones, which had a direct bearing upon, and important con- nection with the history of the state, have been inserted in their proper places. Some of these appear in the early printed digests of laws before mentioned, while others have been re- pealed. Among these, are the acts for the division of towns, with all that relates to their boundaries and organization and the acts relating to, and growing out of the wars of Eng- land with France and Spain. The proceedings of the colony growing out of these wars, would not be complete or understood, without presenting the public laws arising therefrom. These acts provide for the defence of the colony ; for raising and sub- sisting soldiers, both for defence and for foreign expeditions. The acts relating to the disputed boundaries, both those of Massachusetts and Connecticut, as well as the proceedings and correspondence relating thereto, are also inserted at length. The index will be found to contain a larger number of names than either of the previous volumes, as all who were ad- mitted freemen, are referred to. The original orthography of these names is retained. For many of the letters and public documents inserted in the volume, the editor is indebted to the liberality of his towns- man, Mr. John Carter Brown, whose valuable manuscripts, copied from the originals in the state paper office, London, have been used in the previous volumes. J. R. B. RHODE ISLAND RECORDS. RHODE ISLAND RECORDS, Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Newport, the IWi of February, 1706-7. • Col. Samuel Cranston, Governor. Walter Clarke, Deputy Governor. ASSISTANTS. Major Nath'l Coddington, Thomas Cornell, Major William Wanton, Major Randall Holden, Major William Hopkins, Richard Greene, George Brownell, Capt. John Eldredge. DEPUTIES. For Newport. For Portsmouth. Capt. Jonathan Holmes, Mr. George Sisson, Capt. James Brown, Mr. Benjamin Hall, Lieut. Edward Smith, Mr. Abraham Anthony, Capt. John Wanton, Mr. Joseph Cooke. Capt. Benjamin Cranston, For Warwick. Lieut. Richard Dunn. Mr. Benjamin Barton, For Providence. Capt. James Greene, Capt. Joseph Jenckes, Lieut. John Waterman, Capt. Samuel Wilkinson, Mr. Samuel Wickham. Mr. Jonathan Sprague, For Westerly. Mr. Joseph Whipple. Capt. James Babcock, Mr. Edward Larking. 4 BECOEDS OF THE COLOtfY OF RHODE ISLAND, [1707. * DEPUTIES. For Kingstown. For East Greenwich. Mr. William Knowles, Capt. Thomas Fry. Mr. John Corey. Mr. Michael Spencer. For Jamestown. Mr. Bbenezer Slocum, Capt. Edward Carr. Capt. John "Wanton, Speaker. Mr. Jonathan Sprague, Clerk. Commissioners to ran the northern boundary line. Whereas, Col. Dudley, Governor of the Massachusetts Bay, in New England, hath signified to this colony now assembled, that their General Assembly, at Boston, sitting the 6th of Novem- ber, 1706, upon the complaint of some of Mendon against some of Providence, that upon pretence of title of lands lying within their province, and particularly those that are assigned to the town of Mendon, and have desired him to appoint that certain commissioners may be sent to renew the ancient line of their province, settled sixty-four years since, by sworn and approved surveyors ; and accordingly, Nathaniel Byfield and Nathaniel Paine, Esq., Mr. Nathaniel Blagrove, Major Samuel Thacher and Capt. John Wards, or any three of them, are appointed and empowered, in answer to said act of [the] General Assembly in Boston, bearing date as aforesaid. Be it enacted by this Assembly and the authority hereof, and it is hereby enacted, that commissioners shall be chosen out of our government to take an inspection into what said commissioners shall do on that survey ; and if said commis- sioners take their departure right, then to run with them, that so a peace may be continued between them and us ; but if otherwise, to forewarn and forbid them, and cause them to de- sist :—and in special, if they shall run their line across the river that is called Pawtucket or Blackstone River, and so to enter on the lands of Providence township, which they hold of : 1707.] AND PROVIDENCE PLANTATIONS. 6 or from this colony :—and also to run our north line between them and us, from Pawtucket Falls to meet with the south line of the Massachusetts. We therefore appoint and authorize Mr. Thomas Olney, Capt. Joseph Jenckes, Capt. Richard Arnold, Mr. Jonathan Sprague, Major Randall Holden and Capt. James Carder, or the major part of them ; and also that notice shall forthwith be sent by His Honor the Governor, to the government of Connecticut, that they likewise may come if they please, and see the departure, so that they may have no wrong, as well as us. Voted, Whereas Col. Dudley hath requested aid against Her Majesty's enemies Be it enacted by this Assembly and the authority thereof, and it is hereby enacted, that if Major Wm. Wanton or Capt. John Wanton, can be prevailed upon, but if they cannot be prevailed with to head a quota of men, then shall His Honor the Gov- ernor, with advice of his Council on the Island, or others that shall be appointed with them, make choice of a Command- er, and to be such an one as the soldiers shall accept ; and to be on the service four months and no more, without they see good to continue longer. And it shall be in the power of the Governor, with the ad- Vice of the Deputy Governor, and assistants aforesaid, with Major Henry Tew, or the major part of them, shall have full power to impress a vessel, not exceeding eighty tons, with great guns and small and other necessary stores for war ; and to grant a commission to beat up for volunteers throughout the colony, to the number of seventy or eighty, but not to exceed. And* if there appear not enough to make up said number of seventy, then they shall have power to impress, but not to im- press above forty-eight. And all charges shall be paid out of the general treasury, by a tax laid on the inhabitants in this colony ; always provided, that they shall not have liberty to go beyond the latitude herein prefixed, viz. : thirty or forty- six, north latitude. And volunteers if disabled in service, shall have the same provision for maintenance as those thjlt are im- pressed. And the aforesaid commanders of the cruisers shall : 6 RECORDS OS THE COLONY OF RHODE ISLAND, [1707 at all times attend to such instructions as they shall receive from the Governor, with the advice, as aforesaid. And the Governor shall give such commanders a commission or commis- sions, as occasion shall require. Voted, and be it further enacted by the authority aforesaid, That Mr. Waite Winthrop, Col. Elisha Hutchinson, and Mr. John Saffin's scandalous letter, the answer thereunto shall be drawn by this Assembly, and signed by the recorder. Voted, and it is further enacted by the authority aforesaid, that execution shall go out against the constables of Warwick for the remaining part of that tax that is yet unpaid, that the treasurer recovered judgment for, [at] the last Court of Trials. Voted, and it is further enacted by the authority aforesaid, that Abraham Anthony, Jr., in answer to his petition, shall have of the recorder the bills of cost [which] were assigned him by the Honored Governor, and his money which he put into the re- corder's office for re-hearing, according to law, forthwith, or else execution shall go forth.
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