Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 1st of May, 1700.

Major Samuell Cranston, Governor.
Weston Clarke, Recorder.

The Charter read in the Assembly.

The Assembly voted to proceed to Election; and both Houses were resolved into one, till the Election be over.

RECORDER.

Weston Clarke.

SHERIFF.

Thomas Mallett.

GENERAL TREASURER.

Mr. John Holmes.

GENERAL ATTORNEY.
Mr. John Rhodes.

MAJOR FOR THE ISLAND.

Henry Tew.

MAJOR FOR THE MAIN.

Capt'n John Dexter.

The Assembly adjourned to the 2d instant.

The Assembly called, and full.

The Assembly is adjourned to the 4th instant..

The Assembly was called.

May 4.

The Justices of the Peace for the Collony were then chosen by the Assembly.

There being a letter from severall inhabitants of the town of Westerly, complaining of the illegall proceedings of the Justices of said town, the Assembly having perused the letter, see no cause but the Deputies of said town serve in the Assembly, and the choice of the town that is legall.

Whereas, Jahleel Brenton, Esq'r, was by virtue of an Act of the Generall Assembly of this his Majesty's Collony, bearing date May the 3d, 1699, appointed Agent for this his Majesty's Collony, as by commission and instruction granted to the said Brenton, bearing date May the 14th, 1699, derived by virtue of the aforesaid Act, reference being thereunto given; but doubt since arising whether the aforesaid Brenton, Esq'r, did or would accept of the aforesaid commission and instructions to him granted by the aforesaid Collony, for that no return being made thereof by the aforesaid Brenton, to this his Majesty's Collony, and being since by his Majesty's command required to appear before himself and Councill this Spring, by our Agent, for determination of all matters and causes relating to the affairs of this his Majesty's Collony :

Therefore, by virtue of an Act of Generall Assembly, of this his Majesty's Collony, sitting by adjournment the 14th of Feb

ruary, 1699-1700, did appoint and constitute Capt'n Joseph Sheffield, Esq'r, Agent for this his Majesty's Collony, as by the aforesaid Act; reference being thereunto had, as well as by a commission granted to said Sheffield, therein bearing date April the 12th, 1700. But whereas it doth now appear to this Generall Assembly aforesaid, since the granting of the aforesaid commission and instructions to the aforesaid Sheffield for his Agency, by virtue of the aforesaid Act, passed the 14th of February, and that Mr. Jahleel Brenton, Esq'r, hath accepted of the aforesaid trust reposed in him by virtue of the aforesaid Act, reference being thereunto had, and this Assembly taking it into their serious consideration, and putting special trust and confidence in said Brenton, Esq'r, and considering the great charge that would arise on said Collony, by continuing the aforesaid Sheffield in the aforesaid trust, &c.:

Be it therefore enacted by the Governor and Councill, and Representatives in General Assembly convened, and the authority thereof, and hereby it is enacted, That the aforesaid Jahleel Brenton, Esq'r, is still continued sole Agent for this his Majesty's Collony of Rhode Island and Providence Plantations, according to the above recited Act, bearing date May the 3d, 1699.

And be it further enacted by the authority hereof, That the above recited Act, bearing date February the 14th, 1699–1700, for the appointing Capt'n Joseph Sheffield, Esq'r, an Agent for this his Majesty's Collony, aforesaid, to appear and make answer before his Majesty and Councill, or any other Minister of Justice, for and in behalf of this aforesaid Collony, be by virtue hereof, and is hereby repealed, made null, void and of none effect.

And be it further enacted by the authority hereof, That the said Capt'n Joseph Sheffield, Esq'r, do forthwith resign, give in and deliver up unto the Honorable Samuell Cranston, Esq'r, Governor, for the use of this his Majesty's Collony, the aforesaid commission and instruction, for his aforesaid Agency, with all such sum or sums, bill, bonds, or payments by him

received by virtue of the aforesaid trust reposed in him, by virtue of the aforesaid Act, commission or instructions.

And be it further enacted by the authority hereof, That the said Samuell Cranston, Esq'r, Governor, shall and do give in behalf of this Collony, upon receipt thereof, a full and finall discharge to the said Joseph Sheffield, Esq'r, for the same.

And be it further enacted, That the bills drawn by Mr. Jahleel Brenton, Esq'r, payable to Mr. William Payne, merchant in Boston, for £270, be paid by the said Honorable Samuell Cranston, Esq'r, Governor, out of such sum or sums of money, bills or bonds, as shall be received of the aforesaid Capt'n Joseph Sheffield, Esq'r, by virtue hereof; any Act or Acts, law or laws to the contrary notwithstanding.

Whereas, Capt'n Joseph Sheffield, Esq'r, was appointed our Agent for this his Majesty's Collony of Rhode Island, aforesaid, as will more at large appear by Act of Generall Assembly, bearing date the 14th of February, 1699–1700, since which the said Act is repealed, and authority given the Honorable Samuell Cranston, Esq'r, Governor, to receive of and from said Joseph Sheffield, Esq'r, all sums of money, bills, bonds, &c., received by him by virtue of his Agency; and finally to discharge the said Sheffield upon receipt thereof, according to the afore recited Act.

Be it therefore enacted by the Governor and Councill, and Representatives in this present Assembly, and the authority thereof, That the said Joseph Sheffield, Esq'r, be allowed for his disbursements and charges for and in pursuance of his intended voyage for England, as Agent of this his Majesty's Collony, &c., by virtue of the abovesaid Act, bearing date February the 14th, 1699-1700, the full and just sum of forty pounds current money, to be paid out of such sum or sums of money as he, the said Sheffield hath received by virtue of his late authority aforesaid.

Be it further enacted, That upon the allowance or payment of the said sum of forty pounds, he, the said Sheffield, shall give the Honorable Samuell Cranston, Esq'r, Governor, in be

half of this Collony, a full and finall discharge; any Act or Acts to the contrary notwithstanding.

Whereas, Henry Tibbitts, Jr., John Tibbitts, Elisha Mitchell, and Zorababel Westcoat, all of Kingstown, in this his Majesty's Collony, have petitioned this Assembly for a rehearing from a judgment passed against them by a Court of Inquiry, held in Kingstown, in his Majesty's name, April the 22d, 1700, they being by a Jury of Inquiry, at said Court found guilty of a riot, and this Assembly having dilligently examined and heard what each of said persons could say why the said judgment should not be executed upon them; and have also thoroughly weighed and considered of the severall evidences sworn in behalf of his Majesty against them; as also the validity of such evidence as they produced to clear themselves.

And upon a thorough debate of the same, do enact as followeth, and it is hereby enacted, That forasmuch as Henry Tib. bitts, Jun'r, and John Tibbitts made a publick acknowledgment in open Assembly before the House of Deputies, that the proceeds of the Court of Inquiry, sitting in Kingstown, as abovesaid, was legall against them, but it not appearing to this Assembly that they could give any just account of their being in company at the rescue of a prisoner from the Deputy Sheriff, that they, the said Henry Tibbitts, Jun'r, and John Tibbitts shall pay each of them twenty-five shillings, into the Generall Treasury, for the use of the Collony; the which, fifteen shillings abated out of their former fine, and to pay officers' fees since their commitment; and to remain prisoners till paid.

And forasmuch as Zorababel Westcoat made a publick acknowledgment in open Court, before the House of Deputies, that the proceedings of said Court of Inquiry, at Kingstown, &c., was legall against him, and begs favor of this Assembly for this his defect:

It is therefore enacted, That there shall be twenty shillings of Westcoat's fine abated, and that he shall pay twenty shil lings into the Generall Treasury, for the use of the Collony, and pay officers' fees since his commitment, and to remain a prisoner till paid.