Acts and Orders

Made and agreed upon at the Generall Court of Election, held at Portsmouth, in Rhode Island, the 19, 20, 21 of May, Anno. 1647, for the Colonie and province of Providence.

[Bartlett, Vol. I, 1636 to 1663, 38–65.]

Mr. John Coggeshall is chosen Moderator of the present Assembly.

2. It was Voted and found, that the major part of the Colonie was present at this Assemblie, whereby there was full power to transact.

3. It was further agreed, that in case the Assemblie departe unto the number of Fortie; those fortie shall stay and act as if the whole were present, and be of as full authoritie.

4. It was agreed, that all should set their hands to an engagement to the Charter.

5. It was agreed and ordered, that a week before any General Courte, notice should be given to every Towne by the head officer, that they chuse a Committee for the Transaction of the affaires there, except it bee for the Election of Generall Officers; and such as go not, may send their votes sealed.

6. It was ordered, upon the request of the Commissioners of the Towne of Providence, that their second instruction should be granted and established unto the, Vidg’t. Wee do voluntarily assent, and are freely willing to receive and to be governed by the Lawes of England, together with the way of the Administration of them, soe far as the nature and constitution of this Plantation will admit, desiring (soe far as possible may be,) to hold a correspondence with the whole Colonie in the modell that hath been latelie shewn vnto us by our worthy Friends of the Island, if the Generall Court shall compleate and confirm the same, or any other Modell as the Generall Courte shall agree vpon according to our Charter.

7. It was unanimously agreed, That we do all owne and submit to the Lawes, as they are contracted in the Bulke with the Administration of Justice, according thereto, which are to stand in force till the next Generall Courte of Election, and every Towne to have a Coppie of them, and then to present what shall appeare therein not to be suitable to the Constitution of the place, and then to amend it.

8. It was agreed, that Warwick should have the same priviledges as Providence.

9. It was agreed, that the Generall Courte of Tryall should be held at Newport vpon the second Tuesday of June next ensuing.

10. It was agreed, that the Election of Offices should be by papers.

Mr. John Coggeshall is chosen President of this Province, or Colonie.

Mr. Roger Williams is chosen Assistant of Providence,

Mr. John Samford is chosen Assistant of Portsmouth,

Mr. Wm. Coddington is chosen Assistant of Newport,

Mr. Randall Holden is chosen Assistant of Warwick,

William Dyre is chosen Gen. Recorder,

Mr. Jeremy Clerke is chosen Treasurer.

11. It is ordered, that all cases presented, concerning General Matters for the Colony, shall be first stated in the Townes, Vigd’t, That is, when a case is propounded, The Towne where it is propounded, shall agitate and fully discuss the matter in their Towne Meetings and conclude by Vote; and then shal the Recorder of the Towne, or Towne Clerk, send a coppy of the agreement to every of the other three Townes, who shall agitate the case likewise in each Towne and vote it, and collect the votes. Then shall they commend it to the Committee for the General Courte (then a meeting called,) who being assembled and finding the Major parte of the Colonie concurring in the case, it shall stand for a Law till the next Generall Assembly of all the people, then and there to be considered, whether any longer to stand yea or no; Further it is agreed, that six men of each Towne shall be the number of the Committe premised, and to be freely chosen. And further it is agreed, that when the General Courte thus assembled, shall determine the cases before hand thus presented, It shall also be lawful for the said General Court, and hereby are they authorized, that if vnto them or any of them some case or cases shall be presented that may be deemed necessary for the public weale and good of the whole, they shall fully debate, discuss and determine ye matter among themselves; and then shall each Committee returning to their Towne declare what they have done in the case or cases premised. The Townes then debating and concluding, the votes shall be collected and sealed up, and then by the Towne Clarke of each Towne shall be sent with speed to the General Recorder, who, in the presence of the President shall open the votes; and if the major vote determine the case, it shall stand as a Law till the next General Assemblie then or there to be confirmed or nullified.

12. It is ordered, that the Courte of Election shall alway be held upon the first Tuesday after the 15th of May, annually, if wind or weather hinder not. Then the General Court of Tryall immediately to succeed vpon the dissolving of the said General Court, Vidg’t: the next day; and that the next General Court of Election shall be held at Providence Towne. Further, it is agreed, that forasmuch as many may be necessarily detained, that they cannot come to the General Court of Election, that then they shall send their votes sealed upon unto the said Court, which shall be as effectual as their personal appearances.

13. It is ordered, that each Towne shall choose and order ye authoritie of two Surveyors for the Highways, and appoint time to mend them; also that they are to have notice of all cattle that shall be exported, and returne the marks of them unto the Towne; and if any shall presume to export any without giving notice of it to the men appointed, or their Deputies he shall forfeit all such Cattle so exported, or the worth of them.

14. It is ordered, that the Inhabitants of Portsmouth and Newport here present doe presently choose their officers of the Island; but that this act shall be not precedent for the future, but that the constant course of choosing shall be hereafter, when as the year is out, as the Major votes of the Townes of Portsmouth and Newport shall order it sometimes before the year is out, in some peaceable and moderate way which they shall agree upon.

the engagement of the officers

You. A. B ______, being called and chosen vnto public employment, and the office of _____, by the free vote and consent of ye Inhabitants of the Province of Providence Plantations (now orderly met), do, in the present Assemblie, engage yourself faithfully and truly to the utmost of your power to execute the commission committed vnto you; and do hereby promise to do neither more nor less in that respect than that which the Colonie [authorized] you to do according to the best of your understanding.

We, the Inhabitants of the Province of Providence Plantations being here orderly met, and having by free vote chosen you ______, to public office and officers for the due administration of Justice and the execution thereof throughout the whole Colonie, do hereby engage ourselves to the utmost of our power to suport and vphold you in your faithful performance thereof.

15. It is ordered, that the Councills of Newport and Portsmouth, shall consult and agree how and in what manner (within these thirtie dayes) the monthly and quarterly Courts shall be ordered, and who shall sit therein; further, it is agreed, that all cases depending shall be heard and issued at the next Generall Court of Tryall.

16. It is ordered, that the Townes shall appoint men to view all Goates and Swine killed or to be killed, and shew the eare markes of them unto the said persons or one of them, whereby it may appeare to be their own; and if any shall presume to conceale eyther Swine or Goats so killed or to be killed, shall forfeit five pounds; one half to the State, the other to him that will sue for it, eyther by action or bill. It shall be lawfull also, for those that are appointed to the service being necessarily detayned, to make, constitute, and appoint a Deputie.

17. It is ordered, that John Cooke and Thomas Brownell, are chosen Water Bailies for the Colonie.

18. It is ordered, that the Seale of the Province shall be an Anchor.

19. It is ordered, that the Councils of the Townes consisting of six men shall be chosen at their next Towne Meetings.

20. It is ordered, that the Sea Lawes, otherwise called the Lawes of Oleron, shall be in force among us for the benefit of Seamen (vpon ye Island,) and the Chief Officers in the Towne shall have power to summon the Court and determine the cause or causes presented.

21. It is ordered, that none shall goe out of the Court without leave; or if any do depart, he shall leve his vote behind him, that his power remain, though his person be absent.

22. It is ordered, forasmuch as Mr. Roger Williams hath taken great paines and expended much time in the obtayning of the Charter for this Province of Noble Lords and Governors; be it enacted and established, that in regard of his so great travaile, charges and good endeavours, we do freely give and grant to the said Roger Williams one hundred pounds, to be levied out of the three townes, Vidg’t: Fifty pounds out of Newport, thirtie pounds out of Portsmouth, and twentie pounds out of Providence, which rate is to be levied and paid in by the last of November next.

23. It is ordered, that forasmuch as there are some remote places inhabited and possessed within our Charter, and it is found necessary that a vigilant eye be had over them, it is ordered, that Newport shall take into their custody the Trading house or houses of the Narragansett Bay; Portsmouth to take in Prudence; and Patuxet shall be left to their choice, whether they will have Providence, Portsmouth or Newport over them. And it is ordered, that the officers of each Towne shall have full power and authoritie in them or eyther of them, according to their precincts, by this present Court assyned.

24. It is ordered, that there is free Libertie granted for the free Inhabitants of ye Province (if they will) to erect an Artillery Garden, and those that are desirous to advance the Art Military, shall have freedom to exercise themselves therein, and to agree of their forme, and choose their officers, as they shall agree among themselves.

25. Provided, [ ] shall choose their officers after the 15th of June next, vpon paine of forfeiting Tenn pounds a Town, if neglected.

26. It is ordered, that in cases of necessity without the bounds of the Townes, a special officer for ye execution of Justice, may be authorized by any of the Generall Officers for a general case.

27. It is ordered, that ye General Officers shall write to the Bay about Patuxet Inhabitants; and also write to the Inhabitants thereof to owne and choose the Government of the Province.

28. It is ordered, that the Dutch, French or other Alliants, or any Englishman inhabiting among them, shall pay the like customs and duties, as we doe among them for all such goods as shall be imported for the English, excepting beaver. Also, we do absolutely prohibit them or any of them to trade or barter with the Indians within our Jurisdiction, upon paine of forfeiture of Shipp and Goods; and this to take effect after due notice given. The Generall Officers are ordered to write to the Dutch Governor, and upon the returne of the answer it shall be commended to the Townes to consider of.

29. It is ordered, that all ye Inhabitants in each Towne shall choose their Military Officers from among themselves on the first Tuesday after the 12th of March; and that eight sevarall times in the yeare, the Bands of each plantation or Towne, shall, openlie in the field, be exercised and disciplined by their Commanders and Officers, in the months of May, August, January and February excepted; and on the first Monday of ye other months, all the Train Bands to make their personal appearances completely armed, to attend their colors, by 8 o’clock in the morning, at the second beate of ye Drum; and if any appear not, they shall forfeit and pay five shillings into the hands of the Clarke of ye Band; and if any shall come defective in his Armes or furniture, he shall forfeit and pay ye sum of twelve pence, after the Town Council have caused them to be supplied; and that all men who shall come and remaine ye space of twenty days, shall be liable to ye injunction of this order; Provided, herdsmen, fighter-men and such as be left of necessity at Farmes, shall pay two shilings and sixpence for every dayes absence: And that the two Chief officers in each Towne, to witt: one of the Commonweale, the other of the Band, upon the exhibition of the complaint by ye Clark (which shall be within three dayes after the fault committed,) shall judge and determine of ye reasons of the excuses, who, upon the hearing thereof, shall determine whether every such person shall pay five shillings, two shillings and sixpence, or nothing; and according as they find any defective, shall give their warrants to ye Clark to distraine their Goods if they shall refuse to pay what is ordered. And if the Clarke shall neglect to gather up what is ordered, he shall forfeit and pay so much into the hands of the Captain, the next training day; And that all the fines and forfeitures shall be imployed to the use and service of the Band. And the Towne Councils shall have power to cause those which are defective in armes, to be supplied in an equal way according to Estate and strength. And if any of ye Traine Band after his appearance shall refuse or neglect the command of his Captain, to be exercised and disciplined, he shall forfeit as much as if he had not appeared: And that the Town Council shall order the power of the Military Officers within the Towne, and in all caes that concerne ye whole, the President and ye foure assistants, and ye Captains of every Band shall be the Councill of Warr; that if any of the Officers of ye Band be at any time left out, they shall beare Armes again, for ye Constitution of our place will not beare the contrary: that every Inhabitant of the Island above sixteen or under sixty yeares of age, shall alwayes be provided of a Musket, one pound of powder, twenty bullets, and two fadom of Match, with sword, rest, bandaleers all completely furnished.

30. It is ordered, that in regard of ye many incursions that we are subjected vnto, and that an Alarum for ye giving of notice thereof is necessary when occasion is offered. It is agreed, that this form be observed. Vidg’t: Three Muskets distinctly discharged, and a Herauld appointed to go speedilie threw the Towne, and crie, Alarum! Alarum!! and the Drum to beate incessantly; upon which, all to repair (upon forfeiture and the Town Councill shall order) unto the Town House, there to receive information of the Town Councill what is farther to be done.

31. It is ordered and agreed, that if any person or persons, shall sell, give deliver, or any otherwayes convey any powder, shott, lead, gunn, pistoll, sword, dagger, halberd or pike to the Indians that are or may prove offensive to this Colonie, or any member thereof, he or they, for the first offence, shall forfeit ye sum of five pounds; and for his second offence, offending in the same kind, and being lawfully convicted, shall forfeit ten pounds; half to the State, and half to him that will sew for it, and no wager of Law by any means to be allowed to the offender. And, it is further ordered, that if any person shall mend or repaire their Guns, or [ ] he shall forfeit the same penaltie.

32. It is ordered, that the Towne Officers shall given their engagements in their severall Townes to ye General Officer in that Towne, before they execute their office.

33. It is ordered, that if the Indians shall offer to putt away upon exchange or barter, their false peag for good, and warrant it so to be, and it be found otherwise, it shall be confiscated to the Public Treasury.

34. It is ordered, that every Towne shall have a coppy of the Lawes and Orders, and that each Towne shall pay for their coppy; and also, that the Councell for the Townes shall order the fees for their Officers, and the Generall Officers shall order the fees of the General Officers: Provided, that nothing already concluded in the Bulck of Lawes be any wayes crossed or envaded....