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Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly (Volume 5) online

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and Samuel Rogers, Jr.



Proceedings of the General Assenibly, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the first
Wednesday of May, 1741.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several towns.

DEPUTIES.

For Neivport. For Providence.

Mr. George Goulding, Mr. John Potter,

Mr. Daniel Gould, Col. Jabez Bowen,

Col. John Cranston, Mr. Robert Gibbs,

Mr. Joseph Whipple, Capt. Jonathan Randall.
Capt. Ezbon Sanford.



1741]



AND PROVIDENCE PLANTATIONS.



21



For Portsmouth.
Mr. Stephen Brownell,
Mr. Gideon Freeborne,
Mr. Daniel Howland,
Mr. Robert Lawton.

For Wanvick.
Major Joseph Stafford,
Mr. William Holdon,
Mr. Jeremiah Lippett,
Capt. Abel Potter.

For Westerly.
Mr. Thomas Hiscox,
Mr. William Champlin,
For New SJioreJiam.
Capt. Simon Ray,
Mr. Henry Gardner.

For North Kingstown.
Mr. Job Tripp,
Mr. John Reynolds.

For South Kingstown.
Capt. Robert Hassard,
Capt. Ichabod Potter,



DEPUTIES.

For Fast Grecmvich.
Mr. Thomas Spencer,
Capt. Thomas Nichols.

For Jamestown.
Capt. Benjamin Sheffield,
Mr. John Martin.
Smithficld.
Mr. Resolved Waterman,
Mr. John Sayles.
Scitiiate.
Mr. Job Randal],
Mr. Stephen Hopkins,
Jr. Glocester.

Mr. Edward Mitchell,
Mr. Richard Steere.

For Charlestotvn.
Mr. Samuel Perry,
Mr. Joseph Clarke.

West Greenwich.
Mr. John Greene,
Mr. Joseph Slocum.



Mr. Stephen Hopkins, speaker.
Mr. Josias Lyndon, clerk.

The following officers were declared elected, and duly
engaged.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.



Capt. Benjamin Ellery
Mr. Peter Bours,



ASSISTANTS.

Mr. Ezekiel Warner,
Mr. Richard Fenner,



22 RECORDS OF THE COLONY OF RHODE ISLAND [1741.



ASSISTANTS.

Mr. Gideon Cornell, Mr. John Wickes,

Mr. John Dexter, Mr. Christopher Phillips,

Mr. Philip Arnold, Mr. Rouse Ilelme.

SECRETARY. GENERAL TREASURER.

Mr. James Martin. Mr. Gideon Wanton.

An Act for the better sccnrity of the inhabitants at Block

Island.

Whereas, in the present war, now subsisting between His
Sacred Majesty, the King of Great Britain and the King of
Spain : the inhabitants at Block Island (being few in number)
lie very much exposed to the depredations of the enemy ; —

For preventing whereof, be it enacted by the General As-
sembly of this colony, and by the authority thereof it is enacted,
that the field officers of each of the respective counties of Provi-
dence and Kings county, be empowered to impress and enlist
ten good able men out of each of said counties, as soldiers, to
be sent to New Shoreham, forthwith ; and as soon as conven-
iently may be, to be transported at the charge of the colony,
and there to remain in Ilis Majesty's service for the space of
six months, for the assistance and protection of the inhabit-
ants of said island against the enemy ; which soldiers shall be
under the care and command of the captain of said island, and
such lieutenant as shall be appointed under him, by His Honor,
the Governor ; and such soldiers shall be, by said captain, bil-
leted out, at the charge of the inhabitants of said island, and
shall for their reward and service be entitled to receive £o per
month, out of the General Treasury, by a certificate under the
hand of the said captain, duly obtained.

An Act for appointing and erecting a court of equity, to hear and
determine all appeals in personal actions from the judgment
of the superior court.
Whereas, the trial uC appeals by the General Assembly, from



1741.] AND TROVIDENCE PLANTATIONS. 23

judgments given at the superior court of judicature, have, hy
long experience, been found prejudicial, as well to the parties
having their causes determined there, as well as to the govern-
ment in general, by the public business being neglected ; —

For remedy whereof, for the future, be it enacted by the
General Assembly, and by the authority thereof it is enacted
that the act regulating the appeals from the judgments of the
superior court to the General Assembl}^, be, and it is hereby
repealed, and declared null and void.

And that for the future, there be a court of equity appointed
and established, to consist of five judges, to be chosen annually,
by the General Assembly, and to be commissionated, any
three of whom, to be a quorum ; who are hereby empowered
and authorized to hear all appeals from the judgments of the
superior court, in personal actions, and to give a determination
on said appeals, by affirming, reversing or altering the judg-
ments of said superior court, agreeably to law and equity, in
as full and extensive manner as the General Assembly hath
been accustomed to do.

And that said court be held in Newport, to try the appeals
from the judgments of the superior court, held at said Nev/port,
the last Tuesday of March, every year, on the fourth Tuesday
of April, annually ; and at Providence and South Kingstown,
by turns, to try the appeals from the judgments given at the
superior court, held the first Tuesday of September, as hath
been accustomed by the General Assembly, the second Tues-
day of October, annually.

And for the better regulating and governing the parties ap-
pealing from the judgments of the superior court, as aforesaid,
that where an appeal is had, the party appealing, is hereby
obliged to give bond for the prosecution of such appeal ; and
to procure a copy of the whole case, and file his reasons of ap-
peal, with the clerk, ten days before the sitting of such court,
where the appeal is to be heard and determined ; and that the
judgment and determination of said court shall be final, saving
an appeal to His Majesty, in council, in those cases wherem
the law hath already provided.



24 RECORDS OF THE COLONY OF RHODE ISLAND [1741.

And be it further enacted by the authority aforesaid, that
there be one clerk chosen 'and appointed for the aforesaid
court ; who is hereby entitled to take the same fees as hath
been taken in the trial of appeals by the General Assembly.

Voted and resolved, that Samuel Clarke, John Potter, Wil-
liam Robinson, John Chipman and Thomas Spenser, Esqs., be,
and they are hereby appointed judges of the court of equity,
for the hearing and determining of appeals from the judgments
of the superior courts ; and that James Martin be, and he is
hereby appointed clerk of said court.

An Act for hearing and determining all such appeals as bonds

have heretofore been given for, from the judgments of the

superior courts of judicature.

Be it enacted by the General Assembly of this colony, and
by the authority of the same it is enacted, that all appeals from
the judgments of the superior courts of judicature, held on the
first Tuesdays in September, and the third Tuesda}^ in March
last past, shall be heard and determined by the court of equity
appointed for the hearing and determining of appeals, at New-
port, within and for said colony, on the thu'd Tuesday in July
next ; which said court shall have full power and authority to
determine the same agreeably to law and equity, in as exten-
sive manner as the General Assembly of said colony hath been
accustomed to do ; and that the reasons of appeal shall be filed
in all the appeals from March court past, ten days before the
sitting of said court.

God save the King.



1741.] AND PROVIDENCE PLANTATIONS. 25



Proceedings of the General Assemhli/, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the fourth lion-
day in June, 1741.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several towns.

Voted and resolved, that the trustees of Ninegret, sachem,
render an account of their trust to the next session of this
Assembly.

Whereas, there was an act passed by the General Assembly,
at their session held in September last, empowering three jus-
tices of the peace to try civil actions to the value of £5 • —

It is thereupon voted and resolved, that it was not the intent
of said act, to extend to bonds given to the general treasurer
and grand committee, for the use of the colony, but that all
actions brought for such bonds, be tried at the inferior court of
common pleas.

It is also voted and resolved, that the officers in this colony,
who shall serve any justices' warrants, shall observe the same
rules in respect to taking bail, as the several sheriffs are held
to by the laws of this colony.

Voted and resolved, that the town of Jamestown, in the
county of Newport, be and they are hereby empowered to
choose another warden, so as to make three in the whole.

Whereas, George Ninegret, Indian sachem of the Narra-
gansett Indians, humbl}^ requested of this honorable Assem-
bly to appoint George Wanton, of Newport, in the county
of Newport, merchant, one of his overseers, he being
well assured of his fidelity and justice in the management
of his affairs ; —

Whereupon, it is voted and ordered, that the said George
Wanton be, and he is hereby appointed a trustee or overseer

VOL. V. 4



26 RECORDS OF THE COLONY OF RHODE ISLAND [1741.

to the said sachem, to have the same power in all respects
with the other trustees.

Voted and resolved, that the order of the King in council,
directing the form of prayer for the royal family, be forthwith
published in the several churches, and other places of public
worship in this colony; and that the secretary send a copy of
said order to the minister or elder of ea'ch and every society in
this colony immediately, for that purpose.

Voted and resolved, that His Honor, the Governor, procure
a new seal for the colony, to be engraven with the same motto
as the old seal had ; and that the secretary procure the old
clasped book of records to be new bound ; and likeyvise that
he procure a new book of six quires of paper, for the records of
the superior court of judicature, &c. ; a new book of eight quires
of paper, for recording all public things that shall be required
to be registered in this colony ; and likewise a new book of
three quires, for the records of the judgments that shall be
made up in the court of equity ; and also that the sum of £o
10s. be paid to Jacob Hascey, Jr., for a press made for the files
of papers belonging to tlie superior court of judicature, &c., and
that the whole charges be paid out of the general treasury.

God save the Kinir.



Proceedings of the General Asscmbfy, held for the Colony of Bhode
Island and Providence Plantuiions, at Ncivjmi, the third
Tuesday in August, 17 41.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputie* from the several towns.

An Act for incorporating the west end of the town of Warwick
into a township, and the same to be distinguished and known
by the name of Coventry.



1741.] AND PROVIDENCE PLANTATIONS. 27

Whereas, several of the inhabitants of the town of Warwick,
by petition to this Assembly, did set forth the great disadvan-
tage they labor under, on account of the great extent of said
town ; and as it is conceived it will be more for the ease and
benefit of its inhabitants in transacting and negotiating the
prudential affairs thereof, to have a division made ; —

Be it therefore enacted by the General Assembly, and by the
authority thereof it is enacted, that the western part of the
town of Warwick be divided and set off from the eastern part
thereof, by a north and south line drawn from the most western
bounds of the westernmost of the Cowesset farms, and incorpo-
rated a township, and the same to be distinguished and known
by the name of Coventry ; and that the inhabitants thereof,
from time to time, shall have and enjoy the like benefits, liber-
ties, privileges and immunities with other towns in this colony,
according to our charter.

Voted and resolved, that Peter Bours, Esq., be, and he is
hereby appointed to make an account of the whole charges this
colony has been at in the controversy between said colony and
the Province of the Massachusetts Bay, relating to the eastern
boundary of said colony, to be examined by the committee ap-
pointed to lay a statement of said controversy before the court
of commissioners, before, the same is put into said court.

And that Peter Bours, Stephen Hopkins, Thomas Spenser,
Daniel Updike and James Honeyman, Jr., Esqs., or the major
part of them, be, and they are hereby appointed a committee
to audit the accounts of the several inn-keepers and others, for
the entertainment of the persons concerned, and obliged to at-
tend on the said court of commissioners.

Voted and resolved, that the account of Thomas Borden,
amounting to £5 14^. Id., for the entertainment of the hon-
orable lieutenant governor and council of the Province of the
Massachusetts Bay, at their return from the court held for the
trial of the pirates, in October, A. D. 1738, be allowed, and
paid out of the general treasury.

Voted and resolved, that the act passed at the last April
session, restricting the custom house officers from clearing out



28 RECORDS OF THE COLONS OF RHODE ISLAND [1741.

any vessels until bond given for landing all provisions, &c., in
some English port, be, and it is hereby repealed ; and that this
colony govern themselves according to the act of Parliament,
against the exportation of provisions, and the collector and na^
val officer of this port to be served with a copy of this vote.

Voted and resolved, that the sum of £31, being so much al-
lowed of the account of John Iloyle, for service done relating
to the expedition against the Spaniards, be paid him out of the
general treasury.

Voted and resolved, that the account of Col. Peter Mawny,
amounting to £53 IO-5. 4d., being for his journey, horse-hire, ex-
penses, &c., to and from New" York, in order to notify the com-
missioners appointed by His Majesty, for settling our eastern
boundaries, of the arrival of said commision, and to leave a
copy thereof with each of them, be allowed and paid out of the
general treasury.

Voted and resolved, that the account of Clement Cooper,
amounting to £22, being for himself and horse, on a journey
to and from New York, in the service of the commission, with
Col. Peter Mawney, be allowed and paid out of the general
treasury.

Voted and resolved, that the two accounts exhibited by Col.
Peter Mawney, respecting the billeting of soldiers, relating to
the expedition against the Spaniards, be allowed, as audited by
the committee appointed for that purpose ; said Peter Maw-
ney's account amounting to £1,135 3s. lid. ; and an account
of Hugh Battey, amounting to £122 12^. 7d. ; both accounts
amounting to £1,257 16s. Qd. ; out of which, he has already
received from the general treasurer the sum of £1,189,
Is. lid.; so there remains to be paid to the said Peter Maw-
ney, out of the general treasury, the sum of £68 14s. 7d., to
complete the whole of said accounts.

Whereas, Gideon Wanton, Esq., general treasurer of the
colony, aforesaid, did represent to this Assembly, the great
trou])lc and difficulty he met with in exchanging of £40,000
in old bills, and halves and quarters of bills in tlic years 1738
and 1739, of other emissions before, and prayed an allowance



1741.] AND PROVIDENCE PLANTATIONS. 29

for the same ; and also set forth the great increase of the busi-
ness of the general treasurer, since the salary was stated, occa-
sioned by several large emissions, and the payment of bounties
on several commodities ; praying therefore, that the salary
might be augmented ; —

Upon consideration whereof, it is voted and enacted, that the
said Gideon Wanton be allowed and paid out of the general
treasury, the sum of £700, for his trouble in exchanging said
£40,000 ; but that his salary be not augmented.

Whereas, our transports were discharged from His Majesty's
service, sooner than they should have been, by Ilis Majesty's
instructions ; —

It is therefore resolved, that Peter Bours, Esq., j\lessrs. Geo.
Goulding and Joseph Whipple be, and they are hereby appoint-
ed a committee to examine into said affair, and procure what
is necessary, for His Honor, the Governor, to write to our
agent, in Great Britain, directing him to apply to the lords of
the admiralty, or to the proper board, for restitution in said
affair.

An Act granting power of appealing from all, or any part of
the judgment of the court of commissioners relating to our
eastern boundaries.

Be it enacted by the General Assembly of this colon}^, and
by the authority thereof it is enacted, that Peter Bours, Sam'l
Clarke, Thomas Spenser, William Jenckes, Stephen Hopkins,
Daniel Abbott, Francis Willett, Henry Bull, Daniel Updike,
James Honeyman, Jr., Thomas Ward and William Bollan,
Esqs., (who were appointed a committee to represent and man-
age the affairs of this colony before the commissioners to hear
and determine the boundaries between said colony and the
Province of the Massachusetts Bay), bo, and they or any four
of them, are hereby fully authorized and empowered to appear
at the aforesaid commissioners' court upon their adjournment
on the 4th day of September next, at Providence, then and
there, in behalf of this colony, to appeal from the Avhole, or any
part of the judgment of the said commissioners, pronounced on



30 KECORDS OF THE COLONY OF RHODE ISLAND [1741.

the oOtli day of June last past, as they, the said commitee,
shall think proper.
God save the King.



Proceedings of the General Assemhl>/, held for the Colomj of Rhode
Island and Providence Plantations, at Newport, the first Tuesday
in October, 1741.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several towns.

An Act for raising recruits to be transported to the English

camp, on the island of Cuba.

Whereas, this government having received advice from Gen.
Wentworth,'-' that there is an absolute necessity of raising more



* From the camp on the river Humber,

in the island of Cuba, August 12, 1741.

Sir : His Ma jest}' having directed me to use my best endeavors to recruit his forces
under my command in his colonies, in North America, I have appointed Capt.
Hopkins to repair, for that end, to your province, not doubting of your giving him
all the assistance in your power, to levy soldiers, not only for completing Col.
Gooch's regiment, but it practicable, to raise a greater number, either to fill all va-
cancies in the two old corps, and in the marines, or to form another battallion, as
it shall be found best for His Majesty's service.

As I have no means of supplying the recruiting officers with money, you will
sir, be pleased to give the aforesaid i.'aptain credit for such sums as may be wanted
for that service, and to draw upon the Right Honorable Henry Pelliam, Esquire,
the paymaster general, fjr the said use. As to the particular sums to be paid to
the said recruiting oflicer, I refer you to his instructions, which he will lay before
you.

All such as shall enlist themselves on this occasion, will be entitled to the advan-
tages offered by His Majesty, in his instructions on the first raising Col. Gooch's
regiment. I don't doubt, sir, but you will take the proper measures for (heir being
transported hither, to s'lpnort v hich charge, Klatter myself the respective prov-



1741.] ' AND PROVIDENCE PLANTATIONS. 31

forces for His Majesty's service in the present expedition,
against the subjects of the King of Spain, in the West
Indies ; —

Be it therefore enacted by the General Assembly of this col-
ony, and by the authority thereof it is enacted, that a procla-
mation be issued forthwith by the Governor, as an encourage-
ment for soldiers to enlist, to offer a premium or a bounty of
the sum of £[) of the old tenor, and a watch coat to every sol-
dier that shall enlist, and go in his Majesty's service, over and
above forty shillings, sterling, allowed as the King's bounty
and the same to be delivered to such soldier, on going aboard
the colony sloop, hereby appointed for transporting such forces
as shall be raised, to the island of Cuba.

And for the better expediting the levying of the aforesaid
forces, the colonels of the respective regiments within this gov-
ernment, are hereby directed to call together the soldiers un-
der their command, at such times as shall be judged most
suitable and convenient by Capt. William Hopkins, for the
purpose aforesaid.

And it is also further enacted, that Peter Bours, Esq.,
Messrs. George Goulding, John Cranston and Joseph Whipple,
be a committee to put on board the colony sloop, a sufficient
number of men, in order for the security of said sloop, and to
take a cruise after the transports are landed, for the space of
three months ; and the captain to be commissionated by His
Honor, the Governor, for that purpose, and to receive and ob-
serve such instructions as shall be given him in said affair.

And the aforesaid committee are hereby empowered to pro-
cure all necessaries for transporting said forces at the charge
of the colony, and to draw out of the general treasury what
monies are to be paid to Capt. William Hopkins ; and also
what is to be paid to the soldiers, and to do all and every



inces will make a provision, as all His Majesty's dominions in the West Indies, are
particularly interested in the success of this expedition.

I am, sir, your most obedient servant,

THOMAS WENTWORTH.
To the Honorable Richard Ward, Esq., Governor of Rhode Island.



32 RECORDS OF THE COLOXT OF RHODE ISLAND [1741.

thing that shall he found necessary for transporting said
forces ; and that as the enlisted soldiers shall be sent to New-
port, and delivered to the aforesaid committee, they shall be
put on board the colony sloop, and there subsisted at the
charo:e of the o'ovcrnment.

And be it further enacted by the authority aforesaid, that
the colony sloop sail as soon as so many men present, as the
vessel will carry (exclusive of the sailors), or as soon as the
above said committee find that all the persons have enlisted and
embarked, as are willing to go in the service.

And the aforesaid committee are hereby directed to supply
Capt. William Hopkins with a sufficient sum of money, to be
by them drawn out of the general treasury, to pay the £4, al-
lowed to the recruiting officer, for each mau he shall enlist^
agreeable to General Wentworth's letter to His Honor, the
Governor, and said Hopkins's instructions ; and that the said
William Hopkins draw bills of exchange upon the paymaster
general, in England, for the same ; and that His Honor, the
Governor, endorse said bills in behalf of the colony, to any per-
son wlio shall offer to buy the same.

And bo it further enacted by the authority aforesaid, that
the sum of £2,000 of the new tenor, be forthwith struck ofij in
order to answer the present exigency, and the same to be im-
pressed by Col. John Coddington, and to be signed by the
grand committee, as usual ; and when finished, to be lodged in
the hands of the general treasurer, for the purpose aforesaid,
wliich sum, if not sufficient, the cummittee are hereby empow-
ered to draw out of the general treasury what interest money
is paying in, as their occasions for the purpose aforesaid may
require ; and that such new bills as shall be made, shall be
paid out of the interest money, as the same shall be p^aid in
in order to be burnt.

Whereas, several of the eonuuittee appointed by the General
Assembly, to attend on His Majesty's court of commissioners,
for settling the eastern boundaries of this colony, made appli-
cation to this Assembly, for some allowance for their time and
service in said ailUir ; —



1741.] AND PROVIDENCE PLANTATIONS. 33

Upon consideration whereof, it is voted and ordered, that
there be allowed out of the general treasury, the following sums
to the persons hereinafter named, for their time and service in
the above mentioned affiiir, viz. :

To Col. Daniel Updike, the sum of £125 ; to Mr. James
Honeyman, Jr., the sum of £125 ; to Capt. Henry Bull, the
sum of £80 ; to Mr. Thomas Ward, the sum of ]25; to Mr.
Stephen Hopkins, the sum of £73 10^, ; to Mr. Thomas Spen-
ser, the sum of £40 ; and to Peter Bours, Esq., the sum of
£110.

Voted and ordered, that Col. Daniel Updike, Mr. James
Ploneyman, Jr. and Mr, Thomas Ward, be, and they are hereby
appointed a committee, to draw up a statement of the case of
the controversy between this colony and the Province of the
Massachusetts Bay, relating to the eastern boundaries of this



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