at his owne house, being scittuate in the towne of Westerly, aforesaid, above two miles to the eastward of the river, commonly called Pawcatuck, alias Narragansett River; and from thence forced and carryed to Hartford, aforesaid, and compelled to make answer to the aforesaid complaint; and alsoe at the pleasure of the judges fined the sum of tenn pounds, besides all other his loss and damages.

And this Assembly haveing taken his complaint into consideration, doe judge themselves obliged to save and keep harmless the said Joseph Clarke, in his lawful obedience to the government of his Majesty established in this jurisdiction; and doe thereupon order, that the sum of thirteen pounds and tenn shillings in money, or other pay equivalent, be paid by the Generall Treasurer of this Collony, unto the said Joseph Clarke, over and above what the said Treasurer hath already paid, in recompence of his aforesaid damage sustained.

Voted, Whereas the Captains of the severall Traine Bands in this Collony are by law strictly required to grant forth their warrants of distraint to levie and distraine all such fines and forfeitures as by law are due, or hereafter shall be due, from all such listed souldjer or souldjers as shall not appeare compleat in their armes on the severall traininge days appointed; and there attend the millitary exercise of each day.

It is therefore further enacted by this Assembly and the authority thereof, that whatsoever Traine souldjer in any of the respective Traine Bands, shall refuse or deny to execute any such warrant or warrants as shall be given forth and signed by the Captain of that company to which the said souldjer or souldjers belongeth, or in the Captaine's absence, then by the Lieftenant or next superior officer, every such souldjer or souldjers that shall neglect, refuse or deny to execute all or any such warrant or warrants, according to the contents and true meaning thereof, shall for every of his or their default, pay a fine of tenn shillings, to be taken by distraint in manner as the said fines for defect of not traininge are to be taken; and said fine or fines of what nature soever relating to the millitary exercise, shall be returned to the Clerke of every respective

Traine Band, and to be disposed of by the commissioned offi cers of the said respective Traine Bands, for the use of the said respective Company; any law, usage or custom to the contrary hereof in any wise, notwithstanding.

Voted, There being intelligence presented to this Assembly from Mr. Deane, in England, that he still demands a considerable sum of money of the Executors of Mr. John Clarke.

Therefore it is ordered, that each of the townes concerned in the six hundred pound rate, doe choose two men to auditt the accounts of Mr. John Clarke, that some certaine answer may be returned in behalfe of the Collony at or before the 20th day of February; and they or the major part of them to meet at the house of Sergant Henry Palmer, in Newport, at the time aforesaid.

Voted, Whereas the Generall Assembly, held the 29th of October, 1679, did upon the petition and request of William Harris, of Pawtuxet, in the towneship of Providence, give order to the Generall Treasurer of this Collony, to pay unto the said William Harris the sum of twenty pounds in currant pay, for and in consideration of the sum of tenn pounds paid by him for the use of this Collony in England, to Capt'n Richard Deane; and the said sum ordered to be paid by the Treasurer, aforesaid, to the said Harris, remaining unpaid until the sitting of the next Generall Assembly, which was held the 5th of May, 1680; and then some members of the said last mentioned Assembly asserting that the said money was already paid unto the said William Harris; whereupon, the said Assembly or dered a suspension of the payment of the sum aforesaid; and since the said persons haveing produced no certaine proofe of their aforesaid allegations, this Assembly see cause to order, that the said sum of twenty pounds, currant pay, bee with all convenient speed paid by the Generall Treasurer of this Collony unto the said William Harris, or his assignes; he or they giveing a sufficient discharge for the same.

Voted, It is ordered by this Assembly, that from henceforth all and every commissioned officer or officers of any of the respective Traine Bands in this jurisdiction, shall at the time

of election of millitary officers be chosen in the same place in the Band that he stood in before, that the Governor renewing his former commission that was under the seale of the Collony, shall be deemed and taken to be a sufficient commission for the said officer to execute his respective office in the said Band, to all intents and purposes, as if a new commission had been given by the Governor, under the seale of this Collony, and attested by the Generall Recorder.

Voted, It is ordered by the Assembly, there appearing a Deed, wherein is contained a purchase of the lands of Potowomett, by Capt'n Randall Howldon, and assigned by Capt'n Howldon to the Collony's use; the towne of Warwick laying claime to the same lands, by vertue of a precedent Deed, as is said; and Capt'n Howldon desiring his aforesaid Deed to be delivered back into his owne custody; therefore it is ordered, that Capt'n Howldon shall have a copy of the Deed's endorsement, under the Recorder's hand, delivered; but the originall to remaine in the Governor's hand, untill the next Assembly, and then the two Deeds to be compared. Provided a copy of Warwick Deed be attested, under two Magistrates hands of the towne of Providence.

Voted, It is ordered, for an addition to the law of appeales, that the person appealing, shall enter his reasons of appeale tenn days before the Court appealed unto; and the defendant hath liberty to take out the reasons of appeale, and give in his answer at the Court; and that the plaintiff take copys of the case from the Recorder, and present the whole case to the Court appealed unto, paying the usuall fees to the Recorder that he hath for copys at the Generall Court of Tryalls, and pay other fees according to the custom of our Courts of Tryalls, to the Sergeant, for calling the case; and noe other fees to the Recorder nor Sergeant, except new evidence be presented that was not in the former Courts.

Voted, That the Committee chosen for the regulating of the laws of this Collony be still continued, untill the next Assembly.

Voted, Westerly's petition read and considered, it is or

der, that copys of the letters that came from William Blathwaite, Esq., in London, be sent under the Recorder's hand to the towne of Westerly; and alsoe that the rate of three hundred pounds, and the hundred pounds rate that their part of the said two rates be suspended.

Voted, That Elizabeth Holderbee be abated twenty-five shillings of her fine, at the Court of Tryalls in September last; only she is to pay officers' fees.

Voted, That Mr. Joseph Clarke have two copys of this Generall Assembly's acts, about the answer of his petition. And he to leave one of them with the Generall Treasurer, and to have them without paying the Recorder any thing for writinge

of them.

Voted by this Assembly, that the widow Sarah Knight, of Newport, haveing petitioned for a confirmation of a share of lands settled by her deceased husband, without Court order in East Greenwich, the matter haveing been considered and debated concerning her condition of widowhood, and the damage that will befall her in case the petition be not granted, therefore, it is agreed by this Assembly, that the widow Knight shall enjoy the foresaid share of land, and possess it upon the

same teanure with the rest of the inhabitants of East Greenwich. Provided, the said widow doe pay the sum of forty shillings in money into the hand of the Generall Treasurer of this Collony, within six month's time.

Voted, Upon the request and petition of Benjamin Gorton, to this Court for the remission of his fine at the Court of Tryalls, in May last, this Assembly upon the searious debate and consideration of the said petitioner's request, doe see cause to remitt his fine, and returne him his five shillings in money layd down, for his petition.

Voted, That the petition of Job Haukins is referred to the Committee chosen to regulate the laws of this Collony.

Voted, This Assembly doth desire and empower Capt. Samuel Gorton, and Capt'n John Greene, Assistants, to goe with all convenient speed to Kings Towne, and there require and receive the head Warden and Deputy Warden, and other officers in

the said towne their engagements, according to the law of this Collony.

Voted, It is ordered, that the acts of this Assembly shall be sent forth by the Recorder, under the seale of the Collony, attested by the Recorder, to the severall townes of this Collony, within twenty days; and the Recorder to have five shillings in money, or pay equivalent to money, of each towne, for the said сору.

Voted, This Assembly dissolved November 3, 1680.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 3d of May, 1681.