Jonathan Barney, in the bond upon which the actions were commenced, and the appelle, that each and either of them bear their own severall charges and costs of Court, on each action past, and the present charge and cost to be equally borne between them, the said appellant and appelle; and that the ten pounds be forthwith paid unto the Sheriff, to answer the above said judgment, after execution is granted. An Act against firing the woods in each town in the Collony, contrary to the times herein limited. This Assembly taking into consideration the great damage which doth often happen unto particular persons both in hay and fencing, and many other things, &c., as well as a generall detriment and destruction of all such lands as lie unimproved by the unseasonable and disorderly setting of fires to burn the woods: Be it therefore enacted by the Governor and Councill and House of Representatives, and by the authority thereof it is enacted, That no person or persons whatsoever shall at any time or times hereafter presume to set any fire or fires, in order to burn the woods within any the respective townships of this Collony at any other time or times, then from the 10th day of March to the 10th day of May, annually. And on neither of said months on the last day, or seventh day, or first days of any week, &c. And be it further enacted, That if any person or persons shall be taken so doing, on lawfull proof of their so doing, contrary to the times before mentioned, shall be compelable by law to pay a fine of thirty shillings money; the one half thereof shall be to the complainor, and the other half to the use of the town or towns where such fires are set. And each person. receiving damage thereby, either in hay, fences or fencing stuff, coopers' stuff, clapboards, shingles, or any other estate, shall have his liberty to bring his action of trespass against the offender, and to recover damage by due course of law; any Act or Acts in this Collony, to the contrary hereof notwithstanding. Always provided, that the fines for setting the VOL. III. 53 woods on fire, contrary to this Act, be taken and prosecuted as in actions under forty shillings. Voted, and it is enacted by this Assembly, That if interest be demanded of the Honorable Samuell Cranston, Esq'r, Governor, for the £170 due for the guns belonging to the fort, the Collony shall defray and pay the same, and discharge his Honor. Voted and enacted by this Assembly, That Capt'n John Cook shall be allowed three shillings per day during the time he was out upon the Collony's service, and his Lieutenant two shillings, sixpence per day, and his Ensign two shillings per day. Whereas, Joseph Latham, now prisoner in her Majesty's jail, in the town of Newport, petitioned this Assembly for some remittance of his sentence at the Court of Trialls in September, the Assembly upon consideration of the premises, see no ground but the said sentence be continued, according as it was pronounced. Whereas, the Honored Governor hath laid before the Assembly the necessity of raising of money to pay the Collony's debts, the Assembly taking the presentation into their consid eration, and willing to know what the Collony is indebted, have ordered an audit to audit all the Collony's concerns, and that one Deputy out of each town be on said audit, and to receive each town's accounts that they may be truly adjusted and presented to the next Assembly. The persons appointed, are for Newport, Capt'n John Rogers; for Providence, Lieut. Joseph Jenks; for Portsmouth, Mr. Abraham Anthony; for Warwick, Mr. Randall Holden; for Westerly, Mr. James Noyes; for Kingstown, Capt'n Andrew Willett; for Jamestown, Mr. Daniell Coggeshall; for Greenwich, Mr. John Spencer; to be the Committee, and have such wages as is allowed per day to the Deputies. Voted, That this Assembly be adjourned to the town of Newport, to the second Wednesday in February next ensuing, or sooner, if the Governor, or in his absence, the Deputy Gov ernor, see occasion. Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, the 27th day in December, 1704. Major Samuel Cranston, Governor. Weston Clarke, Recorder. Major John Dexter, Speaker. Lieut. Simon Smith, Clerk. At a Generall Assembly, called by the Governor's warrant, upon urgent occasion, bearing date the 11th of December, 1704, to sit in Newport, the 27th of December, 1704. The Assembly called, and there being a full number of Mag istrates and Deputies to hold an Assembly, Capt'n John Rogers [was] chosen Speaker, Major John Dexter not being present. John Burden chosen Clerk, &c. Coll. Dudley's demands being laid before the Assembly, it was ordered, That two out of each House should be appointed to draw up an answer, which was accordingly done, and the Assembly adjourned to the second Wednesday in February, according to the adjournment at Providence. The Governor and Company of Rhode Island to Governor Dudley. Newport, on Rhode Island, December 28th, 1704. Sir: Her Majesty's gracious letter from her Court at St. James, the 30th of March past, came to our Honored Governor's hand the 11th of this month, by Coll. Nathaniell Byfield, and others, who brought a letter from yourself by the request of your Generall Assembly, concerning a further assistance of a quota of men to your assistance against her Majesty's enemies, the French and Indians; and as for her Majesty's commands for assisting your frontiers with a number of men, we have not been any ways remiss therein, but on all occasions the summer past, we have to the best of our power and ability, been ready to give all assistance (we judging ourselves in all things of that nature to be bound in duty as her Majesty's subjects, to give our assistance to our neighboring Collonies), neither shall we at any time be wanting so to do for the future in giving our assistance according to our abilities; although we cannot give you that account as we wished might have been, for the seasons of the year being so violent, that great part of the House of Representatives from the main land could not be present, neither altogether the number of listed soldiers produced; and for the further care and knowledge thereof, the Generall Assembly is adjourned untill the 14th February next; it is not unknown, that we are also a frontier on the sea, and have allways a number of men in actuall service and pay; and if by the next sitting of our Assembly we knew but the number of your listed soldiers, we doubt not but our Assembly will readily order a fit number and proportion on all actuall service.* And so we remain her Majesty's obedient subjects, and your Honor's friends and neighbors to our ability. By order of the Honorable the Governor and Generall Assembly of her Majesty's Collony of Rhode Island and Providence Plantations. WESTON CLARKE, Secretary, Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Newport, the 14th of February, 1704-5. Samuell Cranston, Governor. Our Hon'd Governor having presented to this Assembly her Majesty's letters from St. James, March 30th, 1704, the which having been reverently read in said Assembly, and the purport thereof duly considered, as well as her Majesty's command therein, by which we perceive that her Majesty hath been informed that we refuse to assist our neighboring governments against the common enemies, though requested of us in a most pleasing manner; the which information we humbly conceive was misrepresented, for that we find there was no such refusall. And the reasons and grounds of our not complying with the demand made at that juncture not truly stated, for we allways did as we still do, hold it the duty of all her Majesty's Provinces * J. Garter Brown's Manuscripts, No. 413, Vol. VI. and Collonies to be aiding and assisting to each other according to their strength and abilities, in case of any invasion or assault of the common enemy, the which we have not been neg ligent in severall particulars; and more especially the last summer, by sending assistance of one good Company of men into the Province of the Massachusetts, which did good service; although we are a frontier, bordering upon the ocean, and lying very open and dangerous of an invasion by sea, which-put the Collony to considerable charges in maintaining watches and wards upon the sea coasts, besides our scouts upon the main land, and maintaining a garrison in the fort, and considerable charge towards the security of Block Island; all which lies very weighty upon us, notwithstanding in obedience to her Majesty's commands as well as our own inclinations for her Majesty's interest. An Act for the raising of soldiers. Be it enacted by the Governor, Councill and House of Rep resentatives in this present sessions assembled, and by the authority thereof it is enacted, That there shall be the number of forty-eight men, English and Indians, forthwith listed as volunteers or impressed, in this Collony, for the service of the same, or to be otherwise disposed of as is hereafter expressed; the which number of men we deem to be the extent of our quota or proportion with the rest of the Provinces and Collonies, considering what is above premised as well as by the number of men in the severall Provinces and Collonies. And for the more effectuall, speedy raising and enlisting the abovesaid number of forty-eight men: Be it further enacted by the authority aforesaid, That the Honorable Governor do commissionate a Captain and Lieutenant, and appoint other officers, as to him shall seem meet; and that the said Captain that shall be so commissionated shall be authorized and empowered by order from the Governor to cause the drum to be beaten through all or any of the towns in this Collony for vollunteers, to make up the number aforesaid, to be enlisted under his command. And if such a number of men vollunteers do not list them |