Page images
PDF
EPUB

Mr. Jonathan Sprague, Speaker of the House of Deputies. Mr. Nathaniell Coddington, Clerk.

The following freemen were admitted:

Richard Sisson, Giles Slocum, Jun'r, William Freeborne, William Hall, of Portsmouth; John Underwood, George Thomas, Caleb Carr, Jeremiah Fones, William Carr, of Jamestown ; Mr. Francis Pope, of Newport.

At the Generall Assembly and Election held at Newport, the 5th of May, 1703.

[blocks in formation]

Capt'n John Eldridge.

The following Justices of the Peace were chosen and en

gaged.

JUSTICES.

For Newport.

Capt'n William Brinley,
Capt'n John Rogers.

For Providence.
Mr. Jonathan Sprague,
Mr. Joseph Jencks,
For Portsmouth.

Mr. George Sisson.

For Warwick.

Mr. Richard Greene.

Capt'n William Champlin,
For Westerly.

Mr. Joseph Clarke,
Lieut. Peter Crandall,
Mr. Tho. Mumford.

For Kings Town.
Mr. William Hall.

VOL. III..

48

This Assembly taking into consideration, that there are severall Majors chosen [for] the main land, and not here to give their engagement to their severall offices, and other immergent occasions for their Majesty's service, attending, our Commis sioners to meet with the Commissioners of Connecticut, for settling the bounds between said Collonies if possible, being members of this Court, this Assembly sees cause to adjourn to the 22d of [June 22d, 1703].

Settlement of the boundaries between Connecticut and Rhode Island.

Articles of Agreement made, concluded and agreed upon by and by and between the parties subscribing to these presents, Commissioners chosen, nominated, appointed and commissionated as well for and in behalf of her Majesty's Colony of Connecticut, as her Majesty's Colony of Rhode Island and Providence Plantations, in New England, for the ending, settling, and finally determining of the boundaries or line between the said Colonies, are as followeth, viz.:

That the middle channel of Pawquatuck River, alias Narragansett River, as it extendeth from the salt water upwards, till it come to the mouth of Ashaway River, where it falls into the said Pawquatuck River, and from thence to run a straight line till it meet with the south-west bounds or corner of Warwick grand purchase, which extends twenty miles due west from a certain rock lying at the outmost point of said Warwick Neck, which is the south-easterly bounds of said purchase, and from the said south-west bounds or corner of said purchase, to run upon a due north line, till it meet with the south line of the Province of the Massachusetts Bay, in New England. This to be and for ever remain to be the fixed and stated line between the said Colonies of Connecticut and Rhode Island. Always provided, and it is hereby intended, that nothing in the aforementioned agreement or any clause thereof, shall be taken or deemed to the breach or making void of the fourth article in the agreement made between the Agents for the said Colonies of Connecticut and Rhode Island, viz.: John Winthrop, Esq'r, and Mr. John Clark, for maintaining of property, dated April 7th, 1663; but that the same shall be kept and justly performed according to the true intentand meaning thereof; and that all former grants and purchases granted by or made within either of said Colonies, and all other ancient grants confirmed by the authority of Connecticut Colony within the township of Westerly, in the Colony of Rhode Island, shall be duly preserved and maintained as fully and amply to all intents and purposes, as if they were lying or con tinued within the bounds of the Colony by the authority of which it was granted or purchased.

In confirmation of all and singular the aforementioned premises, we have hereunto set our hands and seals. Dated in Stonington, in her Majesty's Colony of Connecticut, in New England, in the second year of her Majesty's reign, Queen Ann, by the grace of God, Queen of England, Scotland

France, and Ireland, &c. Anno Domini one thousand seven hundred and three, on the twelfth day of May, in the year above said.*

[blocks in formation]

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, June 22d, 1703.

Major Samuell Cranston, Governor.

Weston Clarke, Recorder.

Mr. Jonathan Sprague, Speaker of the House of Deputies.

At a Generall Assembly, by adjournment from the 5th of May, 1703, to the 22d June, 1703.

This Assembly having taken into serious consideration the daily trouble, charge and expense that doth attend our Honored Governor, in the execution of his office, in place of trust, in maintaining her Majesty's interest in this her Majesty's gov

ernment:

Wherefore be it enacted, and it is hereby enacted by this Assembly and the authority thereof, That the Governor shall be allowed for this year ensuing, the sum of twenty pounds, besides his annuall sallary, to be paid out of the Generall Treasury; any Act or Acts, to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, and it is hereby enacted, That whereas after a long, tedious and expensive debate between her Majesty's Collony of Rhode Island, &c., and her Majesty's Collony of Connecticut, concerning the bounds between the aforesaid Collonies, the difference

*A true copy of an original document preserved in the State Library at Hartford.

being now finally issued, agreed and determined, as by an instrument under the hands and seals of severall persons being thereunto lawfully called, empowered and commissionated, as by the commissions being produced to this Assembly do at large appear, as well in behalf of her Majesty's Collony of Connecticut, as on the behalf of her Majesty's Collony of Rhode Is land, and the which commissions and agreements being allowed, and approved of by this Assembly:

Do therefore order, That the aforesaid commissions and agreement shall be forthwith entered upon the publick records of this her Majesty's Collony; and that the Recorder shall be allowed pay for the same, out of the Generall Treasury.

Be it further enacted by the authority aforesaid, That whereas Robert Munday presented a petition to this Assembly for the returning of some monies formerly seized for his Majesty's use, the said Munday being suspected for piracy, and this Assembly having perused the records of Court belonging to this her Majesty's Collony concerning the same, do find that by verdict of jury and judgment of Court, that all the monies, goods or chattels seized as aforesiad, was forfeited to his Majesty's use; the which verdict and judgment of Court hath been since confirmed by an Act of Assembly of this her Majesty's Collony aforesaid, as per the records doth appear. Wherefore, we find no cause to alter the aforesaid judgment, or any part thereof.

And be it further enacted by the authority aforesaid, That Capt'n James Carder, of Warwick, and Mr. John Mumford, of Newport, are appointed surveyors in behalf of the Collony of Rhode Island and Providence Plantations to run the line between her Majesty's Collony of Rhode Island, aforesaid, and the Collony of Connecticut, according to the late agreement between the said Collonies, and that they are hereby fully empowered to employ so many men as they think convenient, to assist them in the premises; and that Connecticut may have timely notice to choose and empower men for the same; and that these men who are empowered, may attend said work by joining with them, empowered by the authority of Connecicut,

and perfect and finish said work by the 1st of October next ensuing, and our Surveyors shall be paid out of the Generall Treasury.

And be it further enacted by the authority aforesaid, That no freeholder within this Collony shall be arrested by any person that is not a freeholder in said Collony; but the said person that shall arrest any freeholder, shall first give into the Recorder's office, double security of what shall be sued for, to prosecute the action, before the writ shall be granted. And that no man, by virtue of a letter of attorney, shall arrest any person in this Collony but shall give in bond to pay all cost and damages the person shall sustain. Provided, the action goes against the plaintiff. And that no attorney shall be admitted to plead in any of our Courts, but what shall be sworn not to plead for favor nor affection of any person, but to the merit of the case, according to the law.

Be it further enacted, That whereas the Queen's Attorney supplied the Recorder's place in that late action between Major Henry Tew and the Recorder, Weston Clarke, that it shall and may be lawfull for the said Queen's Attorney to grant out the execution according to the judgment of Court in that case, and in all other cases in the like nature.

Be it further enacted by the authority aforesaid, That there shall be two inferior Courts of Common Pleas, to be holden on the main land, for her Majesty, early in the county known by the name of Providence Plantations; and that it shall be held at Providence first, as the shire town; and next at the town of Warwick. And the first Court of the second year, it shall be holden at Kingstown; and the fourth Court to be holden at Westerly, and from thence to return to the shire town; and this to be the order of holding these Courts of Common Pleas.

Be it further enacted by the authority aforesaid, That whereas Jamestown having neglected to choose their military officers at the time appointed by the Generall Assembly Acts, shall, and have liberty allowed their commissioned officers, by virtue of warrant from the major to require them to make their choice at such day as shall be appointed them by him for this

« PreviousContinue »