Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, May the 6th, 1701.

Major Samuel Cranston, Governor.
Mr. Walter Clarke, Deputy Governor.

ASSISTANTS.

DEPUTIES.

Major William Hopkins, Capt'n Joseph Sheffield, Assistants,

Major John Coggeshall, Mr. Benjamin Arnold, Capt'n Peter Greene, Mr. Gideon Crawford, are appointed to receive the votes, and open the proxcive votes at the Election.

Samuell Perry, and John Dexter, of Kingstown, are admitted freemen of the Collony.

Richard Higgins, John Segars, Leavy Presen, Edw. Thurston, Jun'r, Francis Carr, John Scott, John Brown, Joseph Fry, Sion Arnold, John Holmes, Jun'r, William Coddington, Joseph Holmes, Henry Tew, Jun'r, James Brown, Joseph James, Geo. Hicks, James Carr, William Wood, James Clarke, Jun'r, Joseph Peckham, Robert Hicks, Benjamin Coggeshall, Thomas Lillibrick, all of Newport, accepted freemen of the Collony.

Benjamin Tillinghast, Joseph Tillinghast, Peleg Williams and Benjamin Waterman, Samuell Winsor, Jun'r, Benjamin Brier, Richard Brown, John Olney, James Dexter, Noah Whipple, William Jenks, Jonathan Sprague, Jun'r, Eleazer Arnold, Jun'r, Samuell Comstock, Samuell Wilkinson, Jun'r, Edward Jenman, Jun'r, John Belenday, Eleazer Whipple, Jos. Morey, John Morey, Henry Adenss, Thos. Steere, Samuell Aldreg, John Aldreg, Andrey Harris, Elisha Smith, Joseph Arnold, Thomas Arnold, Jun'r, William Randall, Jun'r, Thomas Burlingham, Roger Burlingham, John Brenton, John Potter, Jeremiah Sheldon, all of the town of Providence, admitted freemen of the Collony.

At the Generall Assembly and Election held for the Collony at Newport, the 7th of May, 1701.

The Deputies chosen by the several towns, to sitt in this Assembly, are the same as is before mentioned.

Mr. James Clarke, is chosen Packer and Sealer of and Measures.

This Assembly having considered the great charge our Honored Governor is in, in supporting the interest of his Majesty's subjects in this Collony:

Do enact, and it is by the authority of this Assembly enacted, That there shall be ten pounds annually added to the former sallary yearly allowed to the Governor; which said sallary amounts to forty pounds per year; any act to the contrary notwithstanding.

An Act for the better regulating the militia, and for punishing offenders as shall not conform to the law thereunto relating.

Be it enacted by the Governor, Councill and House of Representatives in this present sessions assembled, and by the authority thereof it is hereby enacted, That after the publication of this Act, that if any person or persons listed under the command of any Captain or commander in chief of the militia, shall or do not appear complete in arms, viz.: with a good or sufficient muskett or fuse, and sword or bagganett, cotouch box or bandelears, with twelve bullets, fit for his piece, half a pound of

powder, six good flints upon the ➖➖ training days all ready prefixed, as when their respective Captain or commander in chief shall call them together, either by alarum or any other time or times, as shall by their said commander [be] thought fit and expedient for his Majesty's interest, during times of war. And if any persons listed, &c., shall neglect their respective duties and due obedience, and not appear in manner aforesaid, [they] shall forfeit for each neglect for the day appointed for training or other meeting in arms, the sum of two shillings in money, with the due fees arising thereon; and for non-appearance or neglect in any alarum, the sum of five shillings, with the due fees arising thereon, to be taken by distraint, or otherwise, as the fine for non-appearance on the respective training days are to be taken.

And in case any person or persons that shall through his neglect be fineable as aforesaid, shall refuse or neglect to pay his or their fines upon demand of such person or persons as shall be thereunto authorized thereunto, and there be no visible estate to be found of said person or persons so refusing or neglecting, whereby to make distraint on, then it shall be lawfull upon complaint and information given to any one Assistant Justice of the Peace, or Warden, Conservator for them, or either of them, upon complaint as aforesaid, to issue forth their warrant to any Constables or other person to apprehend, and bring before them any such person or persons as shall refuse or neglect to pay their fines as aforesaid. And if there be no visible estate appears, whereby to make distraint on as aforesaid, and if it shall so appear to any said Assistants, Justices, Conservators or Wardens, that any person or persons brought before them, have so refused or neglected as aforesaid, and that there be no visible estate to be found by said officer, whereby to make distraint, that then Assistants, Justices, Conservators or Wardens, shall have full power and authority to commit him or them to his Majesty's jail, if he will not consent to work out his said fine or ransom themselves, by paying their respective fines, with all other charges that shall thereon accrue.

And it is further enacted by the authority aforesaid, That

all persons within this Collony, above the age of sixteen, and under the age of sixty years, as well house keepers as others, shall be obliged to watch or ward, or find or procure a sufficient man to watch or ward, upon legall notice given to any of them by the Captain or commander in chief to watch; and by the Governor, Deputy Governor, Assistants, Conservators and Wardens of the respective towns to ward, the warders to be such persons as are not in the Captain's list. And the said persons appointed to watch do at all times and upon all occasions observe and follow such order and instructions as they shall from time to time receive from the respective head officer, as aforesaid. And if any person shall refuse or neglect to watch and follow such orders as upon legall notice given as aforesaid, he or they so neglecting or refusing, shall pay as a fine the sum of five shillings in money, to be taken and imprisoned in manner and form as the fines for neglecting of training or alarum are taken and proceeded in.

And it is further enacted by the authority aforesaid, That all house keepers, as well widows as others, although there be no person in said family that is qualified according to law as to watching and warding, yet nevertheless, it shall be in the power and authority of the Captain, commander or head officer, as aforesaid, at their discretion, to order the said house keeper to find a sufficient watcher or warder, or to pay so much money as will hire or procure one; and upon neglect or refusall thereof, to be under the like fine and penalty as those who are otherwise fineable for their neglect.

And it is further enacted by the authority aforesaid, That the Governor, Deputy Governor and Assistants, with the Justices and commissioned officers on the Island, they, or the major part of them; always provided, the Governor, Deputy Governor, or any two Assistants be present, shall be a Councill of War, to determine all things relating to the militia on the Island; and that the Assistants, Justices, Conservator, with the Major and the rest of the commissioned officers on the maine, or the major part of them; always provided, two Assistants be present, shall be a Councill of War, on the main land, within