But Rhode Island was an uncongenial soil for feudal tenures. Paine was arrested, indicted and convicted under the law of 1658 against the introduction of a foreign jurisdiction, and Prudence without any formal act of adjustment returned to its original position as a part of Portsmouth. Thus the Rhode Island Colony grew apace. From time to time questions of practical government arose, to be worked out and solved by experience. It was not easy to make citizens feel their duty to the State. More than once the Assembly failed in attendance, to the serious detriment of the public. Fines were imposed, and that some inducement to greater regularity might be held out, a small pay of three shillings a day, which was soon reduced to two, was attached to the function of delegate. To facilitate the expression of opinion voting by proxy was permitted, and to secure the election of the most acceptable candidate it was enacted, "that whereas there may happen a division in the vote soe that the greater half may not pitch decidedly on one certaine person, yett the person which hath the most votes shall be deemed lawfully chosen." The laws of the Colony had been the growth of circumstances, expressing new wants and representing a progressive society. Committees were appointed on several occasions to revise and harmonize them. On the committee of October, 1664, we find Roger Williams and John Clarke. The progress of society has established a fundamental distinction between legislative, executive and judicial powers, which was not known to ancient publicists. The Court of Trials was composed of members of the Assembly, and thus the whole body of law-makers was gradually led to exercise judicial authority. The Colony was poor, and the persecutions of Massachusetts and Connecticut compelled it to incur expenses greatly beyond its means. When Roger Williams went on his second mission to England he sold part of his estates in order to raise the money for his expenses. When John Clarke was sent to negotiate the second charter he was obliged to burthen his estate with a mortgage. The whole sum due him by the Colony was but three hundred and forty-three pounds, and yet so hard was it to collect the tax by which this sum was to be paid that it was not until twenty years after his death that the mortgage was lifted.