Voted, Whereas by the act of the Generall Assembly, held 7th May, 1679, power was given unto the Governor, Deputy Governor, or any three Assistants, upon the neglect or refuseall of any towne or townes within this Collony to make a rate upon the inhabitants of the said towne, returne the same to the Generall Treasurer within the time in said act limitted, to order and appoint any five men of said towne to make an equall rate on the said inhabitants, this Generall Assembly doe hereby ratifie and confirme the said act of the 7th May, 1679, and every clause therein mentioned; hereby declareing and enacting, and it is hereby declared and enacted by this Court and the authority thereof, that if the five men or major part of them, appointed and required by the Governor, Deputy Governor, or any three Assistants, doe neglect or refuse to make a rate on the inhabitants of their respective towne, according to the General Assembly's assessments and penalty for neg lect, and the same returne under their hands, or the hands of the major part of them, unto the Generall Treasurer of the Collony, for the time being, within twenty days next after the delivery of any such warrant from the Governor, Deputy Governor, or any three Assistants, by the Generall Sergeant or his Deputy, unto any one of the five men therein mentioned, and notice given by the Generall Sergeant or his Deputy, unto the other four or major part of them, or warning left at their dwel ling houses, that such a warrant in which they are required to make the rate, is left with and delivered into the custody of the other person in said warrant mentioned; that then the Governor, two Assistants, or Deputy Governor and two Assistants, are hereby empowered to grant forth warrant of distraint, directed to the Generall Sergeant or his Deputy, to distraine upon the goods or chattells of the five persons or major part of them in the warrant mentioned, the full and just sum of what the Generall Assembly and Assemblys have or shall assess on the respective towne, with the tenn pound for the towne's neglect, with their fees due by law, and what shall be distrained, to be proceeded with and returned, as is mentioned in the afore-recited act of the 7th of May, 1679.

And it is hereby enacted by this Court and the authority thereof, that the aforesaid five men, or major part of them, from whom the assessments and forfeitures of the towne shall be distrained, have full power and authority granted them, to commence and sue an action of debt against the respective inhabitants of the towne for their respective proportions for whome their estates were distrained.

Voted, This Court haveing taken into their searious consideration the returne of Mr. Joseph Jencks, and Capt'n John Greene, appointed by the Generall Assembly held at Providence, in October, 1681, to repaire into Kings Towne, in the Narragansett country, and to require and give the engagement unto the elected Warden and Deputy Warden, and other towne officers, for the preservation of the King's peace and quiett of his subjects. And they haveing in due observation of said act, repaired unto Kings Towne, and required of the persons elected, to give their engagements unto their respective offices accordingly, which was by said elected persons evaded, soe that noe one person would receive their engagement, the evill consequence whereof, if not timely prevented, is like to bee prejudiciall unto this Collony:

It is therefore by this Court and authority thereof hereby enacted, that there shall be chosen in the said Kings Towne, two Conservators of the Peace; and the persons by this Assembly and the authority thereof, chosen and elected Conservators of the Peace for Kingstown, are Mr. John Cole, and Capt'n John Foanes; whoe are hereby fully empowered and authorized to take care for the preservation of the peace and quiet of said Plantation, and to act and doe all other matters and things belonging unto the place and duty of Conservators of the Peace, within their precincts.

And it is further hereby enacted, that the Governor and Deputy Governor, or Deputy Governor and two Assistants, or any three Assistants, shall within some conveanient time after the 10th day of July next ensueing, by warrant, and under their hands, directed unto the Generall Sergeant, or his Deputy, conveane the inhabitants of [Kings Towne] together at some

convenient place in said towneship, and there cause to be read the severall acts of the Generall Assembly for the raiseing of money for the payment of the Collony's debts.

The persons desired and deputed to goe unto Kings Towne to cause the performance hereof, and to require and give the engagement unto the afore-mentioned and elected Conservators of the Peace, are the Honored Deputy Governor, Caleb Carr, William Coddington, Capt'n Arthur Fenner, and William Cadman, Assistant, or major part of them, with the Recorder, and Generall Sergeant, or his Deputy.

It is allsoe further ordered, That at the said meeting, the townesmen doe elect all their officers respectively, and that the said Conservators, and all other officers, be continued in their respective places, untill further order from this Court, or untill by the said inhabitants, new be chosen and engaged according to their Charter; and in case the said inhabitants doe refuse to elect the other officers as aforesaid, then the Deputy Governor and Assistants as aforesaid, are hereby empowered to elect all of them, and they to continue in like manner as the Conservators.

Voted, That upon the petition of Eliezer Whipple, the Generall Assembly doe allow unto the said Whipple the sum of tenn pounds in or as money, to be paid unto him or his order, out of the Generall Treasury.

Voted, Whereas there is an address made by part of the Council of the towne of Providence, against Capt'n Arthur Fenner and Mr. Joseph Jencks, for something disagreeing from the rest of the Council of said Providence, this Assembly haveing viewed the matter, doe find that the said representation to this Assembly is not directed according to a former law of this Collony, and therefore doe see cause to returne the said presentation to the presenters, Mr. John Whipple, Jun'r, and Mr. Edward Smith, &c., for their further consideration, to amend the same, if they see cause.

Voted, Upon the petition of Mrs. Elizabeth Cunigrave, alledging poverty, and that if she had her right, she hath a com

petent estate to live on, yett is not of abillity to recover her owne, therefore desires liberty of this Assembly, that she may sue for and recover her owne, under forma pauparis.

This Assembly doe referr the consideration and inspection of that matter to the Towne Councill of the towne of Newport, to act therein as may to them appeare necessary, according to law, to sue under forma pauparis, or not to sue.

Voted, Upon the returne of the address and presentation afore-mentioned, against Capt'n Fenner and Mr. Jencks, the afore-named Mr. John Whipple, and Mr. Smith, haveing amend ed the direction which afore was wanting, the said representation is again received into the Assembly.

Voted, Ordered, that the Recorder doe draw forth copys of this Assembly's acts at this adjournment, under the seale of the Collony, for each the respective townes in this Collony, and the same to be done by the 10th day of July next; and shall have from each towne for copys of these and the acts of the Assem bly in May last, the sum of twelve shillings, in or as money.

Voted, This Assembly is dissolved.

June 30th.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Warwick, the 25th day of October, 1682.

The Governor chosen Moderator.

The Recorder, John Sanford, chosen Clerke.

The Charter openly read.

Voted, Whereas it hath been motioned in this Assembly by some of the Deputys of the towne of Providence, that they would please to give their result how far the power of a Towne

Councill doth or may extend to the rejection of any person or persons, that may come into any towne or place in this Collony.

In answer thereunto, wee doe declare, that it is in the power of any Towne Council as aforesaid, to reject any person, although a free dennison, unless sufficient bond be tendered and given by the party being called before them, according as the major part of the Councill shall judge meet; but in case the major part of the Councill see cause to warne any such person or persons to depart the towne by such a time as they shall prefix, and he, she or they neglect or refuse soe to depart, then the Governor, Deputy Governor, or any Assistant, Warden, or Conservator, living in or neer said towne or place, upon request, shall grant forth their warrant to the Constable to remove him or them out of the towne or place. But if notwithstanding this, he, she or they shall presume to returne againe without leave as aforesaid, they shall pay a fine at the discretion of the major part of the Councill, not exceeding five pounds; or in default thereof, suffer punishment, not exceeding twenty stripes for his or their contempt; and as often as they doe returne after warning, this to be executed without wager of law, and to be executed by a warrant from any of the Justices, Wardens, or Conservators aforesaid, according to the times appointed in the warrant; any law to the contrary hereof, notwithstanding.

Voted, That the petition by severall of the Councill of Providence, by the last Assembly referred to this, is taken off the fyle.

Voted, Upon the petition of severall persons of the townes of Providence and Warwick, and places upon the maine land adjacent, for liberty to set up a troop of horse, this Assembly taking the matter into their searious consideration, doe grant their request to the number of thirty-six, besides officers, chosen out of the severall Traine Bands, by the Magistrates of said townes, and Captaines of the said Traine Bands; and after such number is chose out, each shall fitt themselves, with horses and all things suitable for that exercise; which being done, shall be