mentioned, and being convicted of the same before any one Justice of the Peace, he or they shall pay for each his defect five shillings in money, to be for the use of the poor in the town where the person lives; and if refused to be paid down, to be taken by distraint by a warrant to any one Constable, in said town; any Act to the contrary notwithstanding.

An Act for fitting the Collony laws for the press.

Voted, That the Governor, Major Nathaniell Coddington, and Mr. Weston Clarke, are chosen a Committee to draw out the Collony laws, and fit them for the press; and for what reasonable charge they shall be at in doing of the same, the Collony shall pay the charge, and be paid out of the Generall Treasury.

This Assembly having considered the great confusion and disorder of the laws of this Collony, for want of a due record of the same in a book; in consideration of which, and for amendment of the same :

It hath been voted, To put said laws in print, there being a Committee already chosen by this Assembly to transcribe the said laws and fit them for the press. And forasmuch as it hath been offered by Mr. Abraham Anthony, Capt'n Nathaniel Sheffield, Mr. Richard Greene, and Lieut. James Brown, to see the same performed, viz.: the said laws printed as aforesaid:

Therefore be it enacted by this Assembly and the authority thereof, and it is hereby enacted, That the abovesaid persons, after the said Committee hath fitted said laws for the press as aforesaid, shall have full power and authority to cause the said laws to be printed forthwith as soon as may be conveniently; and the said persons shall be allowed for their so doing, five pounds out of the Generall Treasury, they returning one printed copy to the Recorder, for the Collony's use.

Vote relative to highways in Jamestown.

Voted, We having viewed his Honor the Governor's peti tion to yourselves, as comes in course by the last Assembly, referring from Warwick to you, concerning the regulating the

highways, &c., at Jamestown, which wants to be laid forth according to the plot of the Island, and we find it was a proposition of many of the proprietors of Jamestown that Mr. John Mumford, and Mr. James Carder, should be the persons to do the same, and then to make some other survey as to themselves agreed on, and that the highways should be laid out; but some of the inhabitants hath been some hindrance to the laying out the ways, as in not forwarding the same:

We therefore propose that the persons above mentioned have this Assembly's assent to be the men to go forward with the work, and that the said persons by the order of this Assembly finish the same by the last of June next, the time appointed for them to go forward with their work at such time and seasons as may be thought proper by the Committee appointed by the proprietors to see said work done and accomplished, as laid before us by an agreement, dated January the 5th, 1702, viz.:

Samuell Cranston, Esq'r, Capt'n Nicholas Carr, and Capt'n Josiah Arnold, the time hath been of long continuance, and the people much detrimented for want of said regulation, and your Act herein may we judge, makes a final issue of said long contention between many of the inhabitants for want of due and orderly ways stated, act as that they may each man fence his land and walk, without damnifying his neighbor on the highways; that the charge be borne by the proprietors accordingly.

Case of Jonathan Sprague and James Bick.

Voted, Whereas there hath been a long difference depend ing between Jonathan Sprague, plaintiff, and James Bick, defendant, the plaintiff obtaining two verdicts against said Bick, one in March last, and the other in September last, for the sum of nine pounds, ten shillings, and judgments of said Courts therein; and the said Bick appealed to the Generall Assembly sitting at Warwick, the 27th of October, 1703, where the said Assembly gave their opinion, as by said Act will appear; and there being reference to this Assembly for the finall issue; upon de

bate of both parties in said Assembly, it was the vote of this Assembly that execution should go forth against the said James Bick, for the sums aforesaid.

An Act for fining the Assistants of this Collony for non-apearance at the Generall Assemblys.

Be it enacted by this Assembly and the authority thereof, and it is hereby enacted, That for the future, there shall be a fine of six shillings for each day's neglect, upon such Assistant of this Collony that shall not appear at any Generall Assembly or Generall Court of this Collony, being thereunto lawfully notified; the same fine of six shillings, to be paid by any Assistant that shall appear at any of said Courts for each day's neglect absenting himself from said Courts without leave of the Assembly. Always provided, that if any said Assistant shall make a lawfull excuse for [his] so absenting himself, then the said fine shall be remitted; otherwise [he] shall pay said fine of six shillings, to be taken in the same nature as the Deputies' fines are taken; any Act or Acts, to the contrary notwithstanding.

Voted, And it is further enacted, That the Honored Governer, with the Deputy Governor, write over for England, to our Solicitor or Agent, to encourage him in the Collony's affairs, &c.; and what reasonable charge their Honors shall be at, or what they shall proffer said Solicitor or Agent, on the behalf of the Collony, the Collony shall make good, and stand by their Honors, and discharge them in the premises.

Voted, That the Recorder shall draw copies of all the Acts made in this Assembly, and send to each town a copy, under the Seal of the Collony within twenty days after the dissolu. tion of the Assembly; and for his so doing, he shall be allowed out of the Generall Treasury, twelve shillings for each copy; and that the Acts of this Assembly be forthwith published at the Collony House, in the town of Newport, under the Seal of the Collony, by beat of the drum, and the Assembly to be dissolved.

Proceedings of the Queen in Councill on the Affairs of Rhode

Island.

At the Court at St. James's, the 12th of February, 1704.

Present, the Queen's Most Excellent Majesty, his Royall Highness, Prince George

Her Majesty having had under consideration this day at the Board, a Report from Mr. Attorney and Mr. Solicitor Generall, upon an extract of a Representation from the Lords Commissioners of Trade and Plantations of the state of the Provinces of the Massachusetts Bay and New Hampshire, in New England, according to advices received by the said Lords Commissioners, by letters from the Gov ernor of those Provinces, wherein complaint is also made of the Charter governments of Rhode Island and Connecticut, in New England; and her Majesty having thereupon heard as well Mr. Attorney, as Mr. Solicitor, as the Agents of Rhode Island and Connecticut, who have humbly prayed further time to answer the matter of fact alledged against the said Charter governments, to the end they may receive the necessary proofs upon oath, with further instructions from thence. Her Majesty, in her Privy Councill, is pleased to order, as it is accordingly hereby ordered:

That the Lords Commissioners of Trade and Plantations do prepare a charge against the said governments, a copy whereof is to be given by them to the said Agents respectively, in order to their answer, with the proper evidence to be laid before her Majesty at this Board, within six months from the date hereof, and that copies be likewise sent by the said Lords Commissioners to her Majesty's Govern ors of the Massachusetts Bay and New York, who are likewise to send copies thereof, to the respective Governors of Connecticut and Rho ́le Island, for their answer as before mentioned; and that the said Governors of the Massachusetts Bay and New York, do likewise transmit to this Board, depositions taken in the most publick manner, upon oath, to the truth of the severall matters laid to the charge of the said Charter governments, within the time afore directed.

JOHN POVEY.

Governor Cranston to Governor Dudley.

Newport, on Rhode Island, February 28, 1704-5.

Sir: I have once more laid her Majesty's letter as well as your Excellency's (relating to the assistance of men, &c.), before our Generall Assembly sitting the 14th

current, who have ordered the raising of one company of men, to the number of forty-eight, to be always ready for the Collony's service, and if occasion require, for the assistance of our neighboring Province and Collonies. The Assembly have also appointed Major John Dexter, Major Nathaniell Coddington and Capt'n Joseph Sheffield, or any two of them, Commissioners, to treat with the like number of Com misioners that may be appointed by your Excellency's authority (if by you approv ed of), for the settling the ways and methods how the respective forces, sent to the assistance of each government shall be supported, supplied and disposed of, with what else may be thought most reasonable for her Majesty's interest and safety of her subjects; and that what shall be agreed upon by said Commissioners, to be binding to each government.

Upon the request of the Assembly, I give your Excellency the foregoing account of their proceedings, who also do request if what they have done, be complied with, that your Excellency will be pleased as soon as you shall think convenient, to appoint the like number of Commissioners to have full power with ours, to settle what is premised, and that your Commissioners that may be appointed, do appoint the time and place of meeting as near the division of the government as they may judge most suitable, and give notice thereof to the Commissioners of this Collony, who will attend accordingly. I have not further to offer, but that

*

I am your Excellency's most humble servant,

SAMUEL CRANSTON.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, May the 2d, 1704.

VOL. II,

* J. Carter Brown's Manuscripts, Nos 416 and 417, Vol. VI.

51