ants of this Collony, sue for debt in the Courts, they can have no rights, &c. These respondents say the same is frivolous, and deny the truth thereof. 6. As to the sixth article, that under color of the Charter, we try robberies, &c. These respondents say, their Charter expressly empowers them to try all crimes, and make all manner of wholesome laws, and deny that their proceedings are arbitrary and unjust, but say the same are just and regular. 7. As to the seventh article, that they do not allow the laws of England to be pleaded in these Courts, &c. These respondents say, that they do allow the laws of England to be pleaded in all cases, without partiality (as well for strangers as for serving their own turns) where their own laws do not extend to, and that the various circumstances of time and place and people do often make it necessary to enact and establish laws differ ent (though not repugnant) to the laws of England, and say that their Charter expressly empowers them so to do. 8. As to the 8th article, that they refuse to allow of appeals, &c. These respondents deny they have refused to allow of appeals to her Majesty in Councill, when duly applied for, and the matter and vallue of the matter in question require the same, and have (for want of instructions in that case) granted an appeal for the vallue of twenty pounds, which with humble submission, we conceive to be frivolous and vexatious. 9. As to the ninth article, that the government have refused to submit to her Majesty and Royall Highness's commissions for commanding their militia of said Collony, &c. These respondents say, that they are advised by counsell learned in the law, that the militia of said Collony or power of commanding thereof, is fully granted to them by their Charter; and that they have been in possession of the same above forty years; and as to the Vice Admiralty, these respondents further say, they have fully complied with her Majesty's commands in that behalf, saving to themselves their right granted by Charter for granting commissions to private men of war for the defence of her Majesty's interest, and the annoying the common enemy, pursu ant to her Majesty's Declaration of War, against France and Spain; and her Maj esty's command to us upon the same, by [the] Right Honorable Earl of Nottingham, one of her Majesty's Principal Secretaries of State. 10. As to the tenth article, that the Governor and Councill used indecent words towards her Majesty, &c. These respondents deny that they ever used any indecent words towards her Majesty, nor do the words therein mentioned, import or imply any such inde cency. 11. As to the eleventh article, the respondents say, that for the reasons render. ed in answer to the ninth article, they could not own or submit to Collonell Dudley's exercising those powers within this Collony. 12. As to the twelfth article, that the Quakers by their interest, will not admit of any person of estates or abilities unto any place of public trust. These respond ents deny the same, and say, that the Governor, Deputy Governor, and others in places of public trusts, are persons of estates, known abilities, and loyalty, and well affected to her Majesty's government; and are qualified according to law, and the constitution of the government. 13. As to the last article, relating to Lawrence and Blew, &c.. their being de bauched by the government and prevented from going to their commissioned port, and hindering the Collector and Receiver from receiving of his Royall Highness's dues. These respondents for answer say, the same is uncertain and generall, and that the charge is false and untrue, and cannot be maintained or justified. And further say, that said Lawrence and Blew, &c., according to their instructions brought said prize into this government, and put the same into the Governor's possession for the security of the Lord High Admiral's dues as the law in such cases provides. Notwithstanding they had their liberty to go to their commissioned port if they had seen cause, without any debauchery by the government, as insinuated; and all due methods and care was taken to prevent embezzlement and the security [of] the Lord High Admiral's dues, to the satisfaction of the Collector and Receiver, and content of the owners and sharers. These respondents pray leave to amend, alter or add to this their answer to the aforesaid charges, as there may be occasion.* Signed by order of the Governor and Company of her Majesty's Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Warwick, the last Wednesday in October, 1705. Coll. Samuell Cranston, Governor. Lieut. Walter Clarke, Deputy Governor. *J. Carter Brown's Manuscripts, Vol. VI. Nos. 425, 435, 436. DEPUTIES. For Westerly. For Newport. Mr. William Parker, Mr. Giles Slocum, Jun'r, Mr. William Allen. For Warwick. Mr. Benjamin Barton, Lieut. Simon Smith. Lieut. Samuell Stafford. Mr. John Gorton, Mr. Joseph Maxon. For Kings Towne. For New Shoreham. For East Greenwich. For James Towne. Major William Wanton, Speaker. Lieut. Simon Smith, Clerk. An Act for the Generall Assembly to be continued a Court of Chancery, untill such time as a Court of Chancery can be erected. Whereas, it hath been represented to this Assembly the great benefit that it might be, to have a Court of Chancery erected and settled in this her Majesty's Collony; but this Assem bly having considered the rules and method for the way and proceedings in such a Court, with the rules and constitutions thereof, being of great weight and concernment, and requires mature consideration for orderly settling thereof, which we conceive cannot at present at this Assembly be settled: Therefore be it enacted by the Honorable the Governor with the House of Magistrates and Representatives convened in Generall Assembly, and it is hereby enacted by the authority of the same, That the Generall Assembly at all times convened in Generall Assembly, shall be a Court of Chancery as formerly it hath been, untill such time as a more proper Court of Chancery may be conveniently erected and settled. An Act that the dividing line between the towns of Kingstown and Greenwich be surveyed and laid out, according to the Collony's grant, and originall plot, or authentick copy. Whereas, there was presented to this Assembly a petition by the inhabitants of Kingstown, praying there may be a dividing line between the towns aforesaid; and that the line between said towns may be run and set out, for the ending of differences between said towns: Be it therefore enacted by this Assembly and the authority thereof, That Major William Hopkins and Mr. John Mumford, are appointed Survey[ors], with such assistance as they shall think meet, to run said dividing line; which the Surveyors shall do in March next ensuing, according to the originall plot of East Greenwich, granted by the Collony, or an authentic copy, &c. If found that the township of Greenwich have run their line on the township of Kingstown, then they to pay all the charge of the survey; and if it be found otherwise, then the town of Kingstown shall pay all the charge. An Act for settling the office of a Publick Notary in this Collony. It is enacted by this present Assembly and the authority thereof, That the Recorder chosen in this Collony yearly at the election of Generall Officers, shall keep the office of a Publick Notary; and that no person shall officiate in said office untill he be so chosen and engaged to the same. And the Recorder that is now present, shall officiate in said office untill the next election of Generall Officers, according to the Charter. And whereas Major John Greene, hath presented to this Assembly a petition or request for the sum of £60, which he demands for a debt due from the Collony for services done in England, the petition being considered: It is therefore enacted by this present Assembly and the au thority thereof, and it is hereby enacted, That the said Major John Greene shall be allowed unto him the sum of £30, to be paid him out of the Generall Treasury of the Collony, for his service; but not to be paid him out of the last rate assessed in this Collony, but shall be paid out of the next rate to be as sessed on the Collony. And whereas this Assembly is informed that the rate makers in some towns in this Collony do charge for their time more days on the making any Collony rate than needfull; and for restricting the same: Be it enacted by this Assembly and the authority thereof, That no persons appointed rate makers in any town in this Collony shall be paid for above three days time and expense on the making any rate which we are sensible may be accom plished in said time; any Act to the contrary notwithstanding. An Act for stating the Generall Treasurer's sallary for the future. Whereas, the Collony rates and taxes are many, and the sal lary of the Generall Treasurer being great, and more than can be reasonably allowed: Be it therefore enacted by this Assembly and the authority thereof, That from and after the next Generall Election of Generall Officers, that the Generall Treasurer's fees out of any Collony rate, shall be but sixpence in the pound, and no more; any Act or Acts in the Collony to the contrary in any wise notwithstanding. And whereas, the charge, trouble and expense in the Collony is great in sending forth warrants for the election and choice of Deputies in the severall towns in the Collony for two Assemblies to be held annually according to the Charter : Be it therefore enacted, That for the future every town in this Collony shall choose their respective Deputies; and allso their respective Jurymen, at their quarter meeting; who shall have notice given them by the Assistants, Justices, or Wardens of said town where they are chosen; and they to attend and yield obedience to said choice, as has been heretofore accus |