Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Warwick, 25th of October, 1699. Major Samuel Cranston, Governor. Weston Clarke, Recorder. There being an Act of this Assembly for the levying a rate of six hundred pounds, for the sending an Agent for England, being already published under the Seal, and copies sent to each town, shall here omit. Whereas, his Excellency, Richard, Earl of Bellomont, at a Generall Councill, sitting at Newport, the 20th of September, 1699, by virtue of his instructions from the Lord Commissioners from England, did require of this government the entire and full body of laws of the Collony, with journals of the Assembly's Acts, and minutes of the Councill, and the Honored Governor having given his Excellency an account that he would lay his demands before the Assembly at their next sitting at Warwick, the 25th of October, 1699, and the said Assembly upon mature consideration of the above request, being not fully satisfied with the transcription of the last Committee appointed for the transcription of the aforesaid laws, acts, &c.: Be it therefore enacted by and with the advice and consent of the Governor, Assistants and Representatives in this present Assembly convened, and the authority of the same, That Mr. Joseph Williams, Mr. Joseph Sheffield, Mr. Weston Clarke, Major Henry Tew, Mr. Isaac Martindale, Lieut. Nathaniell Sheffield, Mr. Richard Greene, or the major part of them assembled, have full power by virtue of this Act, to inspect into the transcription of all and every the before premised laws and acts of Assembly, and to make returns to the next adjournment of this Assembly to Newport, the 21st of November, 1699, in order to the full performance of his Excellency, the Earl of Bellomont's, request to us signified. And it is enacted, That the aforesaid persons that are so appointed, for the inspection of said laws and acts, &c., shall be paid three shillings per day, during the time they are so employed. Whereas, Samuell Mason, Assistant of the Collony of Connecticut, by a letter under his hand, bearing date the 28th of October, 1699, directed to Capt'n William Champlin, doth request the said Champlin to inform this government that there is a Committee appointed by the Collony of Connecticut, to treat with a Committee of this his Majesty's Collony, to see if an agreement between the said Collonies may be obtained. Be it therefore enacted by and with the advice and consent of the Governor and Assistants and Representatives in this present Assembly convened, and the authority of the same, That Mr. Thomas Olney, Major Henry Tew, Mr. Richard Arnold, Mr. Isaac Martindale, Capt'n William Champlin, Mr. Benjamin Barton, or the major part of them, shall have full power to determine, agree and conclude of the boundaries and difference of boundaries between the aforesaid Collonies of Connecticut and Rhode Island Collony. And be it further enacted by the authority aforesaid, That the Honorable Samuell Cranston, Esq'r, Governor of this Collony, shall have, by virtue of this Act, full power and authority to grant and give an ample commission to the aforementioned persons, under the Seal of this Collony, fully to determine all differences of boundaries forever between the aforesaid Collony of Connecticut and the Collony of Rhode Island, &c.; and said Committee is appointed to meet at the house of Lieut. John Eldridge, in the Narragansett country, on the 8th of November, 1699; and that the charge of said Committee be paid by the Generall Treasury. Voted, That both Houses be resolved into a Committee, for the choice of an Agent or Agents, to go for the Kingdom of England, for the maintaining of the liberties granted in our Charter. Mr. Walter Clarke nominated and chosen an Agent, and positively refused. Mr. Thomas Olney nominated and chosen, positively refused. Mr. Isaac Martindale nominated and chosen, desired consideration till the next sitting of this Assembly. Voted, This Assembly be adjourned to Newport, to the 21st of November, 1699 Correspondence between the Commissioners of Rhode Island and Connecticut, at John Eldridge's, November 9th, 1699. Gentlemen: Mr. Thomas Olney, Major Tew, Cap't Arnold, Mr. Barton, Mr. Martindale, and Capt'n William Champlin. You proposed to us for agreement, to run the line between the Collony of Connecticut and Rhode Island; that Pawcatuck River should be the dividing line as far as Pawcatuck River runs north, and then to run a north line to the Massachusetts south line, only you will allow six miles east of Quannepague River, if the north line comprehend any part of Quannepague purchase, which you allow is according to the agreement between the Governor, John Winthrop, and Mr. John Clarke. Yet you deny to give them under your hands. Whereupon we write, that we may be under no mistake, in a report to our masters. To which we reply, that the ground or foundation of your Charter, is an agreement with said Governor John Winthrop, and Mr. John Clarke-which is: 1st. That Pawcatuck River shall be the eastern boundary, up Meantonomie's north line; therefore, Pawcatuck River, the great stream, is to be the bounds so far as that River runs. 2d. Provision is to be made if any part of Quannepague purchase fall in your Charter. 3d. That the proprietors and inhabitants about Mr. Smith's house claimed and purchased by Major Atherton, Capt'n Hutchinson, Lieut. Hudson, &c., have full liberty unto which of the Collonies they will belong. 4. That property shall not be altered, or destroyed, as is more fully declared in said agreement-which articles of agreement, if you will give under your hands to fulfill, we are readily disposed to an amicable agreement. Mr. John Eldridge's, Nov. 9th, 1699. SAMUEL MASON, DANIEL MITCHELL, JAMES NOYES. Answer. Gentlemen: Capt'n Mason and Cap'n Wetherell, and Mr. James Noyes. Whereas, we, the Commissioners of the Collony of Rhode Island and Providence Plantations and you, were from each of our Collonies commissionated to agitate, agree and determine where the bounds between our said Collonies should run and be; and in order thereunto, we the Commissioners of the Collony of Rhode Island &c., have made you propositions-but the returns which they bear from you is, that there is an agreement with Governor John Winthrop and Mr. John Clarke, as concerning proprieties and properties to be maintained, and now to be altered, &c., which articles of agreement, if we will give under our hands to fulfill, you are readily disposed to an amicable agreement. We answer, what we are commissioned to do, we are willing to apply ourselves unto; and that is, to treat and endeavor an agreement of a line between our Collonies; and neither yourselves nor we, have any commission otherwise to do. And therefore for us to concern ourselves in matters which we have no commission for, will be no ways effectual, nor is that our business. And you have made no proposition as yet to us, where the said line shall be, but only say, "when we have given under our hands to fulfill the said articles," you are readily disposed to an amicable agreement. Which saying of yours, doth import, that unless we so do, you do not incline to an agreement. And seeing that so your minds are, you might have saved the trouble of this meeting.* THOMAS OLNEY, RICHARD ARNOLD, HENRY TEW, At Mr. John Eldridge's, November 9th, 1699. BENJAMIN BARTON, WILLIAM CHAMPLIN, Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, November the 21st, 1699. Major Samuel Cranston, Governor. Weston Clarke, Recorder. The Assembly called, and both Houses full. Mr. Isaac Martindale being desired to give his positive answer whether he would accept the office of an Agent, by a writing under his hand, positively refused. Mr. Weston Clarke chosen an Agent by both Houses, and refused. * Newport Mercury, October 3 and 10, 1857. Capt'n Joseph Sheffield chosen an Agent by both Houses; and Major Henry Tew also chosen an Agent and refused. Whereas, the Lords Commissioners of Trade and Plantations did require a copy of the laws and Acts of this his Maj esty's Collony of Rhode Island and Providence Plantations; and in obedience to their Lordships' commands, a Committee was appointed to transcribe said laws and Acts, a copy of which was sent to their Lordships; and since which his Excelleny, the Earl of Bellomont, by virtue of his commissions and instructions under the great Seal of England, has also required a copy of the laws and Acts of said Collony. In pursuance of which, it was enacted by the Governor, Councill and Representatives sitting in Generall Assembly, at Warwick, October 25th, 1699, they being doubtfull whether there was a true transcript made by the Committee, which transcribed the drafts already sent to their Lordships, that there should be another Committee appointed; and was ac cordingly appointed to make inspection and dilligent search into all the books and records of said Collony, whether there was any laws omitted which might be proper to be added to the first transcript; and also what laws there were that might be proper to be repealed. In order thereunto, the said Committee having made inspec tion according to the afore recited Act, and made return unto this Assembly, sitting by adjournment from Warwick, afore said, to Newport, this 21st of November, 1699, with a true list of all Acts needfull to be continued, &c.: It is enacted by this present Assembly and the authority thereof, it is hereby enacted, That all Acts by the Committee returned, suitable to be continued, as is mentioned in their list, reference thereunto being had in the Recorder's office, are hereby continued and confirmed, with all the Acts in the first transcript; a copy of which was sent to their Lordships, as abovesaid, are to be continued, confirmed and be observed, and shall be deemed to be the whole body of laws to be observed in this his Majesty's Collony, aforesaid; and all other laws and Acts of said Collony, except such as are made, touching titles |