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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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Be it enacted by the General Assembly of this colon}^, and
by the authority thereof it is enacted, that the town of North
Kingstown, in the county of Kings county, be divided into
two towns, by a line beginning at the south side of said town,
at the middle of the highway that runs between the farm, now
or late of Jeoffry Ilassard and the farm of Eber Shearman, to
extend from thence northwardly, to the extent of said highway,
as the same runs northwardly ; and from the middle of said
way, where it meets the cross highway, to extend northwardly,
in a straight line, to meet the highway that runs between the
land of William Hall and Christopher Spenser ; and from
thence, to extend northwardly, as said highway runs to East
Greenwich south Ime ; and that the eastward part of said town
retain the charter and name of North Kingstown, and the west-
ern part to be called by the name of Exeter, and be incorporated
into a township ; and to have and enjoy the like privileges
with other towns in this colony.

And be it further enacted by the authority aforesaid, that
each town receive, and have a proportion of the money in, and
belonging to the treasury of said North Kingstown, according
to the money for which the lands in each town is mortgaged
to the colony ; and that all justices living within the bounds of
said new town, retain their authority, and act as such therein,
until the next general election.

Whereas, the General Assembly of this colony, at their ses-
sion, hold by adjournment, at East Greenwich, on the fourth
Monday in November last past, did order and appoint, that
Daniel Coggeshall, Samuel Clarke, Francis Willett, William
Ptobinson and Josiah Arnold, Esqs., they, or the major part of
them, to be a committee to inspect into the circumstances of
the town of Newport, in the county of Newport, and to see if
there was any necessity of dividing the same, and if there was,
in what manner, and to make report thereon, to this present
session of this Assembly ; —

And whereas, Daniel (voggeshall, Francis Willett aiid Josiah
Arnold, Esqs., three (and the major part of said committee) did
meet at Newport, aforesaid, and upon hearing the reasons and



1742.] AND PROVIDENCE PLANTATIONS. 59

allegations of the several persons both for and against the di-
vision of said town, made the following report :

That they were of opinion, there was no necessity for dividing the aforesaid town
of Newport.

Which report was thereupon voted to be accepted ; and
also, that the account of Jonathan Nichols, amounting to £2
10s., for the expenses of said committee, be allowed ; and that
there be allowed and paid to the said Daniel Coggeshall and
Francis Willett, the sum of £4 each, and to the said Josiah Ar-
nold, the sum of £2, for their particular service in said affair ;
and the whole to be paid out of the general treasury.

Whereas, the General Assembly of this colony, at their ses-
sion, held at Providence, on the last Wednesday in October,
A. D. 1742, appointed Stephen Hopkins, Esq., Messrs. John
Rhodes and William Rice, a committee, to lay out a highway
in the lands of Natick and Wecacheconet, in the town of War-
wick, and county of Providence, according to the report by the
committee then made, and make a plat thereof; which they
have now done, and presented to this Assembly, agreeably to
said report, as deciphered upon the said plat may appear ; —
' It is thereupon voted and resolved, that said plat and report
thereon made, be accepted ; and that said highway continue as
thereon laid out, forever.

Whereas, the General Assembly of this colony, at their ses-
sion, held by adjournment on the fourth Monday in November
last past, at East Greenwich, within and for the colony afore-
said, did appoint Messrs. Daniel Abbott, John Frye and Ish-
mael Spink, a committee, to meet with the committee of the
colony of Connecticut, in order to erect a large monument at
Warwick south-west corner, in the line between this colony and
that of Connecticut, who proceeded on said affair, and made the
following report, viz. :

We, the subscribers, represent to this Honorable Assembly, that as ve, beins;
appointed a committee by the government of Rhode Island, to meet a committee
also appointed by the colony of Connecticut, to erect a large monument or heap of
stones, at Warwick south-west corner, in the place where the corner formerly was



60 RECORDS OF THE COLONY OF RHODE ISLAND [1742.

made at tlic time of settling the line betwixt the two governments ; and accordingly,
■we met at said place, the 24th day of November last, where we met James Wads-
worth and Timothy Pearce, Esq., with Col. Avery, their surveyor, and sundry
others in company, where we spent the afternoon debating matters, and waiting for
the Hon'ble lloger Wolcott, Esq., he having their act of Assembly that empowered
them.

Whereupon, the ne.\t day, the 25th, we met at said corner, the Hon'ble Roger
Wolcott, Es(j., James Wadsworth and Timothy Pearce, Esqs., a committee ap-
pointed by the government of Connecticut, and equally empowered with us, to
make said monument or heap of stones, at said corner ; and after a conference and
some arguments used, they unanimously agreed to join with us, to revise the afore-
said corner ; whereupon, we, with such assistance as was present, belonging to
each government, raised a stone in said corner, that was provided and brought ia
place, of ten feet and a half long, and two feet and three inches wide, and considera-
ble thickness, having the letter C on the west side, and R on the east, and the
date of the year, and several other letters ; being now a corner of West Greenwich
and Coventry ; and round the same, we made a considerable heap of stones."

DANIEL ABBOTT, ISHMAEL SPINK.

JOHN FRY,

Whereupon, it is voted and resolved, that the said report be
accepted ; and that the same be recorded by the secretary.

Voted and resolved, that the several accounts of the commit-
tee that revised the boundaries at Warwick south-west corner
be allowed and paid out of the general treasury, viz. :

To Col. Daniel Abbott, £8 10s. ; to Mr. John Frye, £7 10s.
9(1, and to Capt. Ishmael Spink, £6, for their service in said
affair.

Whereas, the judge of admiralty, for this colony, being gone
home for Great Britain, and his deputy appointed here, declin-
ing to serve any longer ; —

It is therefore voted, that Mr. John Gidley, of Newport, in
the county of Newport, be, and he is hereby appointed judge of
admiralty for this colonj'-, until a person be properly appointed
from home, to that office -, and that His Honor, the Governor,
give him his oath to said office.

Upon a motion made by Capt. William Hopkins, who was
the recruiting officer in this colony, for Col. William Gooch's
regiment (as well as fur the two old corps of marines), for pay-
ment, for the raising recruits for said regiment ; —

It is voted and resolved, that no more money be advanced
to him by this government on that account.



1743.] AND PROVIDENCE PLANTATIONS. 61

Whereas, Isaac Anthony, of Newport, in the county of New-
port, goldsmith, presented to the General Assembly, at their
session, held by adjournment, at East Greenwich, on the fourth
Monday in November last past, an account for the entertain-
ment of several Spanish officers (who were brought into New-
port, as prisoners), from the 20th day of September, to the
22d day of November, A. D. 1742, amounting to the sum of
£99, and craved an allowance thereof; whereupon, the Gen-
eral Assembly thought proper to make him an allowance of the
sum of £54, in satisfliction thereof, which he apprehended was
not a sufficient compensatian for the costs and charges he had
been at in said affair ; and therefore made application to
this present General Assembly, for further relief in the
premises ; —

It is thereupon voted and ordered, that the sum of £18 more
be allowed and paid out of the general treasury, to the said
Isaac Anthony, for the entertainment of the said Spanish offi-
cers, during the time aforesaid.

Voted, that Harrison Weaver, Caleb Beagle, William Wall
and Samuel Gorton, all of East Greenwich, in the county of
Providence, be admitted freemen of this colony.
. Voted, that John Kenion, son of James, deceased, and Ste-
phen Rosse, both of Charlestown, in the county of Kings
county, be admitted freemen of this colony.

God save the King.



Proceedings of the General Assembly held for the Colony of
Rhode Island and Providence Plantations, at Newport, the
M daij of May. 1743.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.



62 RECORDS OF THE COLONY OF RHODE ISLAND [1743.



ASSISTANTS.

Mr. Peter Bours, Mr. Daniel Howland,

Mr. William Ellery, Mr. Philip Arnold,

My. Ezekiel Warner, Mr. James Arnold,

Mr. Richard Fennor, Mr. Daniel Coggeshall,

Mr. John Dexter, Mr. Rouse Ilelme.

Mr. John Potter, speaker, and Mr. Josias Lyndon clerk.

The following are admitted freemen of the colony :

Of Newport, Isaac Stelle, Henry Stacy, David Seaver, Hux-
ford Merchant, William Strengthfield, Peleg Thurston, Incom
Sanford, Joseph Wanton, Jr., John Whiting, John Petel, Joshua
Coggeshall, son of Thomas ; Benjamin Borden, Daniel Bate-
man, Robert Carter, Joseph Freeborn, James Holmes, Samuel
Lyndon, Jr., Robert Stevens, William Paul, John Brown, Jr.,
Isaac Bowen, John Morris, William Tate, Evan Malbone, Si-
mon Newton, Nathaniel Langley, Henry Bliss, Zabdiel Potter,
Nicholas Brown, John Pitman, Stephen Ayrault, Jonathan Bar-
den, Matthew Robinson, George Lawton, son of Robert ; Thos.
Gavitt and Edward Wanton.

Of Providence, Josiah Jenckes, Charles Olney, Robert
Knight, Jr., Philip Roberts, Josiah Potter, Othniel Carpenter,
Resolved Waterman and William Brown.

Of Portsmouth, William Hall, Jr., Jonathan Pearce, John
Corey, son of Thomas ; William Butts, Samuel Phettiplace
and Jonathan Phettiplace.

Of Warwick, Jonathan Greene, Jeremiah Randall., Benjamin
Greene, son of John ; and Benjamin Weaver.

Of Westerly, Henry Willis, Jonathan Lewis, Samuel Gavitt,
John Crandell, son of Peter ; Benjamin Chase, Matthew
Greene, Samuel Brown and Benjamin Hall.

Of North Kingstown, John Baker, Robert Nichols, John Al-
len, Jr., John Bent, Thomas Northup, Jr., Abicl Tripp, James
Lewis, Adam Gould, Abraham Willcox, Jabez Chadsey,



1743.] AND PROVIDENCE PLANTATIONS. 63

Ephraim Gardner, James Gardner, Stukely Congdon, Anthony
Corey, Israel Phillips, Robert Sweet, Henry Wall, Daniel
Fourtane, Alexander Havens and Henry Olden.

Of South Kingstown, Nathan Gardner.

Of East Greenwich, Benjamin Sweet, Jr. and Nicholas
Goddard.

Of Jamestown, William Tew, John Carr and Jonathan
Greene.

Of Smithfield, Nathaniel Man, Seth Cooke, Daniel Sayles
and John Harris.

Of Scituate, Edward Potter, Thomas Remington, Dean Kim-
ball, Samuel Rogers, John Level, David Brown, Hugh Pray
Jeremiah Hopkins, Job Shippey, Jonathan DollafF, Daniel Ben-
nett and Josiah Bennett.

Of Glocester, Elisha Cooke, Morris Tucker, Silas Williams,
Daniel Smith and Timothy Willmarth.

Of Charlestown, Benjamin Potter.

Of West Greenwich, Arthur Aylesworth, son of John ; and
Daniel Case.

Of Coventry, James Green, son of John ; Azariah Ed-
dy, Josias Spink, Ptobert Havens, Benjamin Gardner, Joseph
Potter, John Rice, Richard Stafford, Daniel Colviu, John
' Holmes, Obadiah Johnson and Samuel Bennett.

Of Exeter, James Rogers, Jr., and Philip Greene.



Proceedings of the General Assemhlt/, held for the Colony of Rhode
Island and Providence Plantations, at Newport, the first
Wednesday in May, 1743.

The Hon. Richard Ward, Governor.

The Hon. William Greene, Deputy Governor.

With the assistants and deputies from the several towns.



64



RECORDS OF THE COLONY OF RHODE ISLAND



[1743.



Neivport.
Capt. George Wanton,
Mr. Daniel Gould,
Mr. Nicholas Easton,
Col. John Cranston,
Capt. Jonathan Nichols,
Capt. Ezbon Sanford.

Providence.
Mr. John Potter,
Col. Jabez Bowen,
Capt. Jonathan Randall,
Capt. Christopher Harris.

Portsmouth.
Capt. John Lawton,
Capt. Jeremiah Lawton,
Mr. Robert Lawton,
Mr. William Anthony, Jr

Warwick.
Major Joseph Stafford,
Major John Rhodes,
Capt. William Rice,
Mr. Barlow Greene.

Westerlif.
Capt. John Maxson,
Mr. William Hern.

New Shoreham.
Mr. Robert Hull,
Mr. Henry Gardner.

North Kingstown.
Col. Iramanuel Northup,
Mr. George Tibbetts, Jr.



DEPUTIES.

South Kingstoivn.
Capt. Robert Hassard,
Mr. Benjamin Peckham, Jr.

East Greenivich.
Mr. John Frye,
Mr. Joseph Nichols.

Jamestown.
Mr. Abel Franklin,
Mr. Samuel Slocum.

Smithfield.
Mr. Thomas Steere,
Mr. David Comstock.

Scituate.
Capt. Job Randall,
Mr. Joseph Knight.

Glocester.
INIr. John Walton,
Capt. Isaiah Inman.
Oharlestoivn.
Major Christopher Champlin,
Capt. Nathaniel Lewis.

West Greenwich.
Capt. Ishmael Spink,
Mr. Samuel Hopkins.

Coventry.
Capt. Abel Potter,
Mr. John Johnson.

Exeter.
Capt. Jotn Weight,
Mr. John Reynolds, Jr.



Mr. John Potter, speaker, and Mr. Josias Lyndon, clerk.



1743.] AND PROVIDENCE PLANTATIONS. 65

The following oiOficers, declared elected, were duly engaged :

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

ASSISTANTS.

Mr. Peter Bours, Mr. Daniel Howland,

Mr. William Ellery, Mr. Philip Arnold,

Mr. Ezekiel Warner, Mr. James Arnold,

Mr. Richard Fenner, Mr. Daniel Coggeshall,

Mr. John Dexter, Mr. Rouse Helme.

SECEETARY. GENERAL TREASURER.

Mr. James Martin. Mr. John Gardner.

ATTORNEY GENERAL.

Mr. Daniel Updike.

Voted, that William Burton, Esq., be chosen an assistant, in
the room of Ezekiel Warner, Esq.^ who refused.

Voted, that Philip Greene, Esq., be chosen an assistant in
the room of Philip Arnold, Esq,, who refused.

Voted and resolved, that Messrs. William Anthony, Jr., and
William Rice, be, and they are hereby appointed a committee,
to receive of Richard Ward, Esq., the late Governor, the colony
seal, giving him a receipt for the same ; and to deliver said
seal to His Honor, the present Governor, taking his receipt for
the same.

Whereas, Col. John Cranston (as captain of Fort George),
did present to this General Assembly an account for his service
the last year, and for the service and allowance of board wages
to the gunner and two other men at said fort, to the 5th day of
May instant, amounting to the sum of £260 lO^., craving an
allowance thereof ; —

Whereupon, it is voted and resolved, that the said sum of
$260 JOs., be allowed and paid out of the general treasury,
to the said John Cranston, for him to pay the said gunner and
two other men their several parts thereof

God save the King.

VOL. V. 9



66 RECORDS OF THE COLONY OF RHODE ISLAND [1743.



Proceedings of the General Assembli/, held for the Colony of Bhode
Island and Providence Plantations, at Newport, the loth day of
June, 1743.

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

An Act for dividing the town of Newport, in the county of

Newport, into two towns.

Be it enacted by the General Assembly of this colony, and
by the authority thereof, it is enacted, that the said town of
Newport be divided into two towns ; and the division to begin
at the head of the creek, that separates the two farms of the
Hon. Joseph Whipple, Esq., and Godfrey Malbone, of said New-
port, merchant ; and so to extend upon a direct line between
the two houses of Elisha Card, and that in the possession of
Samuel Pemberton, Esq. ; and from thence on a straight line
to the place where the creek on Easton's Beach runs into the
sea ; and all to the southward and westward of the said line, to
belong to the town of Newport ; and all to the northward and
eastward of said line, to be incorporated into a town by the
name of MiddletoAvn.

And be it further enacted by the authorit}^ aforesaid, that
John Dexter, Esq., Messrs. Benjamin Peckham, Jr., and Sam'l
Easton, surveyor, be, and they are hereby appointed a commit-
tee, they, or the major part of them, to run the aforesaid line,
and make report to the next session of this Assembly.

Whereas, the inhabitants of New Shoreham, in the county of
Newport, did, by petition to this Assembly, set forth, that the
cost in erecting their pier in said New Shoreham, will be
far greater than they did expect or imagine, and what tliey are
by no means able to go through with, unless this General As-



1743.] AND PROVIDENCE PLANTATIONS. 67

sembly will grant tbem a further supply ; and therefore craved
relief for that purpose ;—

Which being duly considered, be it enacted by the General
Assembly of this colony, and by the authority thereof it is en-
acted, that the sum of £400, be allowed and paid to Mr. Rob"
ert Hull, out of the general treasury, towards defraying the
cbarge of building said pier, as soon as a report shall be made
that the work is completed, by a commitiee to be appointed
hereafter, by the General Assembly, for that purpose.

Whereas, there is a balance of £173 16s. Id., due to this
colony, from the Province of the Massachusets Bay, upon a
settlement of the accounts of charges of the court of commis-
sioners for settling the controversy between said governments?
relating to the boundary line, and other charges respecting
said affliir ; —

It is therefore voted and resolved, that Peter Bours, Esq.,
be, and he is hereby appointed to address His Excellency,
William Shirley, Esq., Governor of said Province, requesting
the payment of said sum.

Voted and resolved, that Samuel Wickham, Gideon Wanton,
Edward Scott and Thomas Ward, Esqs., and the secretary, be,
and they are hereby appointed a committee, they, or the major
part of them, to revise the laws of this colony, as well those in
print already, as those that are not, that the whole thereof may
be new printed, as soon as conveniently may be.

Voted and resolved, that Peter ]3ours, Esq., Messrs. John
Cranston and Ezbon Sanford, be, and they are hereby appoint-
ed a committee to receive of the late Governor, Rich. Ward,Esq.,
the charier of this colony, the copper plates, books, pnpers, and
what else belongs to the government, and deliver the same to
the Hon. William Greene, Esq., the present Governor, giving
and taking receipts for that purpose.

Voted and resolved, that the account of Peter Bours, Esq.,
amounting to $11 2-5. od., for shipping off tli<3 Spanish officers,
being for their passages and necessaries put on board for them,
be allowed and paid out of the general treasury.



68 RECORDS OF THE COLONY OF RHODE ISLAND [1743.

Voted and resolved, that the account of James Davis, keeper
of His Majesty's jail in Newport, in the county of Newport,
amounting to £23 7s. Id, for the board of the Spanish captain,
and his washing, from the 14th day of September, to the 31st
day of December last past, be allowed and paid out of the gen-
eral treasury.

Voted and resolved, that the account of John Easton,
amounting to £21 Ss. 2d., being for clothes bought for the
Spanish captain, when put on board, for his return home ; and
for services done at sundry times, in summoning evidences re-
specting Stephen Talman's attendance upon the General As-
sembly, &c., be allowed and paid out of the general treasury.

Voted and resolved, that James Reynolds, of West Green-
wich, in the county of Providence, be allowed and paid out of
the general treasury, the sum of £116 85., for his extraordina-
ry service and care in maintaining the true division line be-
tween this colony, and the colony of Connecticut.

God save the King.



Proceedings of the General Assembli/, held for the Colon?/ of PJiode
Island and Providence Plantations, at Newport, the fourth Tues-
day in August, 1743. ^

The Hon. William Greene, Governor.

The Hon. Joseph Whipple, Deputy Governor.

With the assistants and deputies from the several towns.

An Act for incorporating the north-east part of the town of

Newport, into a township, and the same to be distinguished

and known by the name of Middletown.

Whereas, the General Assembly, at their session, held by

adjournment at Newport, within and for said colony, on the

second Monday in June, last past, did, among other things, en-



1743.] AND PROVIDENCE PLANTATIONS. 69

act, that the town of Newport should be divided into two
towns ; and for that purpose, appointed a committee to run the
dividing line, and make report thereon to this present ses-
sion of the Assembly, who have accordingly reported, that they
have done the same, in the following manner :

Beginning at the head of the creek, that separates the two farms of the Hon-
Joseph Whipple, Esq., and Godfrey Malbone, of said Newport, merchant ; and on
a south course, nineteen degrees and an half east, run a direct line, extending to
the south-east corner of a lot of land, belonging to Job Almy, of said Newport,
merchant ; the said corner being between the houses of Elisha Card, and that in
the possession of Samuel Pemberton ; and from said corner, a straight line south,
twenty -seven degrees east, crossing the bridge that lieth over the creek, on Eas-
ton's Beach ; and so into the sea on that course, it being the place where the said
creek usually runs into the sea.

And the said report being accepted ; —

Be it enacted by the General Assembly of this colony, and
by the authority of the same it is enacted, that all the lands to
the southward and westward of the said line, as before describ-
ed, belong to the town of Newport ; and that all the lands
to the northward and eastward of said line, be distinguished
and known by the name of Middletown ; and that the inhabit-
ants of said Middletown, from time to time shall have and en-
joy the like benefits, liberties, privileges and immunities with
other towns in this colony, according to charter.

And be it further enacted by the authority aforesaid, that
the justices of the peace, living within the aforesaid toAvn of
Middletown, shall remain and continue in their aforesaid offices
until the next general election ; and that the first of said justices
of the peace grant forth his warrant to call the inhabitants of
said Middletown together on Tuesday next, being the 30th day
of August instant, to elect and appoint such town officers as
they shall have occasion for, and the law directs ; and to ap-
point the times and places of their town meetings ; and to
choose and elect two deputies, to represent them at the next
General Assembly, and so on, as by the charter is directed.

And be it further enacted by the authority aforesaid, that



70 RECORDS OF THE COLONY OP RHODE ISLAND [1743.

said town of Middletown shall send one grand and three petit
jurors to the superior court of judicature, court of assize and
general jail delivery ; and three grand and three petit jurors to
every inferior court of common pleas and general sessions of
the peace, held within the county of Newport ; and that the
town of Newport shall hereafter send to each of the aforesaid
courts, so many jurors less of what they are now compelled by
law, as is ordered to be sent by the aforesaid town of Middle-
town.

Whereas, Samuel Wickham, Gideon Wanton, Edward Scott
and Thomas Ward, Esqs., and the secretary, were appointed at
the last session of this Assembly, a committee to revise the
laws of this colony, as well those in print, as those that are not,
that the whole might be printed as soon as may be ; —

It is now voted and resolved, that Mr. John Callender, Jr.^
be, and he is hereby added to the aforesaid committee, for that
purpose ; and that any three of them are hereby empowered to
act therein ; and that said committee put those laws into
print, which they have already revised, transcribed and pre
sented to this Assembly ; putting the charter in print in the
first i>lace.

And that said committee procure paper and other necessa-
ries, for printing off five hundred copies, in the best manner,
and draw money out of the general treasury to defray the
charges thereof; and when they are finished, each of the mem-
bers of this present General Assembly shall be furnished with
a book gratis.

Whereas, there was a committee appointed by the General
Assomldy of this colony, at their present session, to inspect in-
to the affair of His Majesty's patent, under the privy seal, pro-
duced by Leonard Lockman, Esq., appointing him clerk of the
naval or navy office, in said colony (a copy whereof was laid be-
fore said General Assembly), and make report thereon, and
said committee accordingly reported in the following manner,
viz. ;



1743.] AND PKOVIDENCE PLANTATIONS. 71



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