State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 3, Part 1

Author: Field, Edward, 1858-1928
Publication date: 1902
Publisher: Boston : Mason Pub. Co.
Number of Pages: 728


USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 3 > Part 1


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STATE OF RHODE ISLAND AND PROVIDENCE PLAN- TATIONS. A HISTORY


Go 974.5 F45s v. III 1146739


M


GENEALOGY COLLECTION


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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01068 8957


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Digitized by the Internet Archive in 2015


https://archive.org/details/stateofrhodeisla03fiel 0


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State of Rhode Island and Providence Plantations at the End of the Century: A History


ILLUSTRATED WITH MAPS, FAC-SIMILES OF OLD PLATES AND PAINTINGS AND PHOTOGRAPHS OF ANCIENT LANDMARKS


EDITED BY EDWARD FIELD, A. B.


Volume Three


HOPE


The MASON PUBLISHING COMPANY BOSTON & SYRACUSE I 902


COPYRIGHTED 1902 BY THE MASON PUBLISHING AND PRINTING CO.


(sporE)


Tyson - 40.


Contents


1146739


CHAPTER I.


THE POLITICAL DEVELOPMENT OF THE TOWNS. 1-86


CHAPTER II.


THE STRUGGLE FOR JUDICIAL SUPREMACY.


87-170


CHAPTER III.


PUBLIC AND PRIVATE FINANCE 171-322


Part I .- COLONIAL AND LOCAL TAXATION 173


Part II .- 1710-1800. THE COLONY AS A BANKER 197


Part III .- 1800-1900. A CENTURY'S EXPANSION


239


Part IV .- CHARTERED BANKING 260


First Period, 1791-1809. 261


Second Period, 1809-1840 282


Third Period, 1840-1865 307


Fourth Period, 1865-1900


312


CHAPTER IV.


INDUSTRIAL DEVELOPMENT .


323-386


CHAPTER V.


THE POOR, THE DEFECTIVE AND THE CRIMINAL. 387-490


CHAPTER VI.


FREE MASONRY AND ODD FELLOWSHIP


491-554


CHAPTER VII.


EARLY HABITS AND CUSTOMS AND OLD LANDMARKS.


.555-649


APPENDIX. 651


BIBLIOGRAPHY


Illustrations


PLAN SHOWING THE FIRST DIVISION OF HOME LOTS IN PROVIDENCE. 9 PLAN SHOWING THE APPROXIMATE LOCATION OF HOME LOTS OF TIIE EARLY SETTLERS OF PROVIDENCE 12


PLAN SHOWING THE APPROXIMATE LOCATION OF HOME LOTS OF THE EARLY SETTLERS OF PROVIDENCE. 18


SAYLES HOUSE, ON SAYLES HILL, NORTH SMITHFIELD. 30


LIPPIT HOUSE, OLD WARWICK, ERECTED ABOUT 1715. 35


OLD LIGHTHOUSE, POPLAR TREE POINT, WICKFORD. 51


MAIN STREET, WESTERLY


53


VIEW OF WATCH HILL.


54


MAIN STREET, KINGSTON 59


CROSS'S MILLS, CHARLESTOWN 63


MAP OF PAWTUCKET, 1827 66


WALCOTT STREET, PAWTUCKET. 67


HON. SAMUEL AMES (portrait) 92


OLD STATE HOUSE AND COURT HOUSE, NEWPORT.


104


GEN. JAMES MITCHELL VARNUM (portrait) 141


EAST GREENWICH COURT HOUSE. 158


WILLIAM READ STAPLES (portrait) 160


DECEASED MEMBERS OF THE BENCHI AND BAR OF RHODE ISLAND. 167


FAC SIMILE RHODE ISLAND PAPER MONEY, 1738.


204, 207


66 221


1786 224


TICKET IN FIRST CONGREGATIONAL LOTTERY 241


GREENVILLE TAVERN, SMITHFIELD. . 262


PROVIDENCE INSTITUTION FOR SAVINGS. 265


THE FIRST OFFICE OF THE PROVIDENCE BANK


272


BUILDING OCCUPIED BY PROVIDENCE BRANCH OF THE SECOND UNITED STATES BANK 288


THE HAMILTON BUILDING, PROVIDENCE. 314


LITTLEFIELD WINDMILL, BLOCK ISLAND. 326


FIELD FOUNTAIN, CLIFFORD STREET, PROVIDENCE. 336


SAMUEL SLATER (portrait) 340


OLD SLATER MILL, PAWTUCKET. 344


OLD SLATER MILL, PAWTUCKET, IN 1850 350


THE ARCADE, PROVIDENCE, IN 1850 361


66 ¥


1775


viii


ILLUSTRATIONS.


FALLS AT WOONSOCKET. 364


BRIDGE AND FALLS AT PAWTUXET. 368


VIEW OF "CHEAPSIDE," OR NORTH MAIN STREET, PROVIDENCE. 382


IMAGE FORMERLY LOCATED OVER THE DOOR OF KENT COUNTY JAIL. 404


OLD PROVIDENCE JAIL. . 451


TOCHWOTTON HOUSE, PROVIDENCE.


478


THOMAS S. WEBB ( portrait)


503


BANNER CARRIED IN THE PROCESSION AT PROVIDENCE AT THE OBSEQUIES OF GEN. GEORGE WASHINGTON. 538


COREY HOUSE, ERECTED IN 1713, QUIDNISSET, NORTH KINGSTOWN 558


THE ROWLAND ROBINSON HOUSE, NORTH KINGSTOWN 562


RUINS OF THE COL. BENJAMIN CHURCH HOMESTEAD, BRISTOL, BUILT IN


1681


564


SAUNDERS HOUSE, NEAR ASHAWAY.


567


BURR'S TAVERN, WARREN . 571


RUINS OF COLE'S TAVERN, WARREN


573


JAHLEEL BRENTON HOUSE, NEWPORT


577


BENJAMIN WATERMAN'S HOUSE.


585


RUINS OF OTHNIEL GORTON TAVERN. 586


VIEW OF FEDERAL HILL FROM CANAL STREET, PROVIDENCE. 589


THE OLD ARK, WARREN. 592


AN ANCIENT RHODE ISLAND FARM HOUSE. NORTH KINGSTOWN 593


HOME OF CAPT. STEPHEN OLNEY, NORTH PROVIDENCE. 595


RUINS OF THE THOMAS FIELD HOUSE AT FIELD'S POINT 596


ELEAZER ARNOLD TAVERN NEAR QUINSNICKET, LINCOLN 599


THE HOME OF HENRY BULL, NEWPORT. 602


HOME OF CAPT. ARTHUR FENNER, CRANSTON 604


ELEAZER WHIPPLE HOUSE, NEAR LIME ROCK, LINCOLN. 608


BIRTHPLACE OF GEN. NATHANAEL GREENE, POTOWOMUT. 611


JAMES ( FONES ) GREENE HOUSE, BUTTONWOODS, WARWICK.


614


CIDER MILL AND PRESS, NORTH KINGSTOWN 615


HOME OF CAPT. THOMAS FENNER, CRANSTON


617


THE ROGER MOWRY TAVERN. 619


THE JOSEPH NOYES HOUSE. 623


EDWARD MANTON HOUSE, JOHNSTON. 625


EPENETUS OLNEY HOUSE, NORTH PROVIDENCE. 628


PALMER NORTHUP HOUSE NEAR WICKFORD, NORTH KINGSTOWN. 630


THE PHILLIPS HOUSE, BELLVILLE, NORTH KINGSTOWN.


631


BABCOCK HOUSE, WESTERLY. 632


BAKER HOUSE, WARREN 633


THE CRAWFORD HOUSE, PROVIDENCE 635


TAGGART HOUSE, LITTLE COMPTON. 641


PELEG ARNOLD TAVERN, OLD BANK, NEAR WOONSOCKET 647


HOME OF JOSEPH WILLIAMS, SON OF ROGER WILLIAMS. 648


MILESTONE NEAR WOONSOCKET 649


The Political Development of the Towns.


CHAPTER I.


THE POLITICAL DEVELOPMENT OF THE TOWNS.


THE CHARACTER OF THE EARLY SETTLEMENTS.


The individuality of the local divisions is evident even in the official name of the State of Rhode Island and Providence Plantations. The early settlements of the neighboring colonies were made with some measure of approval or assistance from the parent community, but in this region no such seemingly favorable circumstances attended the early settlers. The little community at the head of the Bay was separated from that upon the Island by the long stretch of water and both were separated from their neighbors by a barrier which at that time was more difficult to overcome than physical obstacles, the differ- ence of religious opinion. The settlers at Providence and on the Island were persons of whom the older colonies were glad to be rid and with whom they did not care to have relations.


The individuality of the early settlers was one of the causes of their removal from their Massachusetts friends. Of Roger Williams, the earliest settler at Providence, Bradford in 1633 gives a cotemporary estimate: "Mr. Roger Williams (a man godly & zealous, having many precious parts, but very unsettled in judgmente) came over first to ye Massachusets, but upon some discontent left yt place, and came hither, (wher he was friendly entertained, according to their poore abilitie, ) and exercised his gifts amongst them, & after some time was admitted a member of ye church ; and his teaching well approoved, for ye benefite wherof I still blese God, and am thankfull to him, even for his sharpest admonitions & reproufs, so farr as they agreed with truth. He this year began to fall into some strang oppiions, and from opinion to practise ; which caused some controversie betweene ye church & him, and in ye end discontente on his parte, by occasion whereof he left them some thing abruptly. Yet after wards sued for his dismission to ye church of Salem, which was granted, with some caution to them concerning him, and what care they ought to have of him. But he soone fell into more things ther, both to their and ye governments troble and disturbance. . But he is to be pitied, and prayed for, and so I shall leave ye matter, and desire ye Lord to shew him his


4


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.


errors, and reduse him into ye way of truth, and give him a setled judgment and constancie in ye same ; for I hope he belongs to ye Lord, and yt he will shew him mercie".1 The opinions and practice of Wil- iams continued to cause the government "troble and disturbance". He maintained "that the magistrate ought not to punish the breach of the first table, otherwise than in such cases as did disturb the civil peace", and other propositions that were then considered dangerous, In 1635, Williams was sentenced to banishment according to one writer for maintaining the following positions :


"1. That we have not our land by Pattent from the King, but that the natives are the true owners of it and that we ought to repent of such receiving it by Pattent.


"2d. That it is not lawful to call a wicked person to swear, to pray, as being actions of God's worship.


"3d. That it is not lawful to hear any of the ministers of the Parish assemblies in England.


"4th. That the civil magistrate's power extends only to Bodies and Goods and outward state of man."


As the authorities considered that Williams was somewhat slow in. heeding their sentence of banishment and as he still continued to teach "his dangerous doctrines", they sent Captain Underhill to apprehend him, but when the officers "came to his house, they found he had gone three days before, but whither they could not learn".2 Williams trav- eled toward the Narragansett country and started to settle on the east. side of Seekonk river. His "ancient friend the Governor of Plymouth lovingly advised" him "that he had fallen into the edge of their bounds" and suggested that he remove to "the other side of the water". This he did and named the place "Providence" on account of "God's merciful providence to him in his distress". Williams and his companions brought with them no charter from a parent state, no. system of agreement for government, and there was no precedent for the exercise of political powers in accordance with the principles which their leader had championed. These settlers were outside the juris- diction of any colony and were politically bound only by their personal allegiance to the English Crown. Could any system of political con- trol in local affairs be developed under such conditions ? The Simple Cobbler of Aggawam frankly voiced the almost universal opinion of the time when he said, "How all Religions should enjoy their liberty, Justice its due regularity, Civil cohabitation, moral honesty, in one and the same jurisdiction, is beyond the Artique of my comprehen- sion" (p. 17). This was the new and difficult problem which the settlers were called upon to solve for the world, to determine as was.


1Bradford's History "Of Plimoth Plantation", Mass. reprint, p. 369.


2Winthrop's Journal, i, p. 175.


5


THE POLITICAL DEVELOPMENT OF THE TOWNS.


proposed in the "Model of Church and Civil Power" "what bounds and limits the Lord hath set between both administrations."


As the departure of Williams had been welcome to the authorities of Massachusetts, so was the departure of others whose opinions were not in accord with those held by the magistrates. The Simple Cobbler of Aggawain, after again voicing the attitude towards religious dis- senters, says, "I dare take upon me to be the herald of New England so far as to proclaim to the world in the name of the Colony, that all Familists, Antinomians, Anabaptists, and other enthusiasts shall have free liberty to keep away from us; and such as will come to be gone as fast as they can, the sooner the better". Of one group of these Anti- nomians, the Rev. Thomas Welde said in 1644: "These persons cast out, and the rest of the Ringleaders that had received sentence of ban- ishment, with many others infected by them, that were neither cen- sured in Court, nor in Churches, went all together out of our jurisdic- tion and precinct into an Iland, called Read-Iland, (surnamed by some the Iland of errors) and there they live to this day, most of them, but in great strife and contention in the civill estate and other- wise, hatching and multiplying new Opinions, and cannot agree, but are miserably divided into sundry sects and factions".1 While some of those who were unwelcome in Massachusetts on account of their Antinomian leanings were casting about for a place in which to settle they came to Providence and Roger Williams recommended to them the Island of Aquidneck, now Rhode Island. Through the favor in which Williams was held by the Indians, this island was secured for the new settlement. Before taking up their abode in this new quarter the settlers organized themselves into a "Bodie Politick". Thus the settlement on the Island was made with a definite purpose unlike that at Providence, where Williams said: "My souls desire was to do the natives good". "It is not true, that I was employed by any, was sup- plied by any, or desired any to come with me into these parts".2 This first settlement at the northern end of Rhode Island was called Ports- mouth, and dates from 1638.


The settlers at Portsmouth did certainly manifest "strife and con- tention in the civill estate and otherwise", for little more than a year had passed before this little band had divided and a part determined "to propagate a Plantation in the midst of the Island or elsewhere". The Plantation was "propagated" and the records of the 16th of May, 1639, state that, "It is agreed and ordered, that the Plantation now begun at this South west end of the Island, shall be called Newport."3


1Preface to A Short Story of the Rise, reign, and ruine of the Antinomians, Familists & Libertines, that infected the Churches of New England. Pub. Prince Society, xxii, p. 92. For full account of this movement and its relation to the settlement of Rhode Island see Vol. i, Chap. iv, of this History.


2R. I. Hist. Tracts, 14, p. 53.


3R. I. Colonial Records, i, p 88.


6


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.


Another center of population was upon the Shawomet purchase now known as Warwick. The settlers here were such as from various reasons had found it necessary or desirable to leave the Island or Providence. Some of these were too individualistic for even these places and had been driven out. Of one of these, Samuel Gorton, Doyle says: "By 1640 he might be said to have graduated as a dis- turber of the peace in every colony of New England".1 Gorton seems to have been full of such restless energy as to make it difficult for him to submit to any authority. Other settlers at Warwick had been like Gorton driven from neighboring communities. Lechford says of Gor- ton that he was whipped as well as banished by the Newport authori- ties. His companions, Weeks, Holden, Carder, Shatton, and Potter, were excluded from the same settlement. Whatever may be the de- fense of Samuel Gorton and the settlers of Shawomet, they were fre- quently in confliet with each other, uniformly out of accord with the other nearby settlers, often embroiled with the Indians and even at great exertion to involve themselves in diffieulties with Massachusetts.2


Such being the character of the early settlers and such the condi- tions of the settlements along the Narragansett Bay in the early days, the problems of local government by and for these pioneers in the different communities were both difficult and interesting.


THE BEGINNINGS OF LOCAL GOVERNMENT.


It has been necessary to set forth briefly the spirit in which the settlements were made in order that the nature of the development of the local government may be understood. This development did not show the guiding hand of a mother state, but was rather in aeeord with the necessities of the time and the plaee conditioned by the temper of the inhabitants of each of the little communities.


Roger Williams, the first settler of Providence, whose will and eoun- cil most strongly influenced the development of the settlement at the head of the Bay, had enuneiated certain principles which he believed should be regarded in the conduct of politieal affairs. These views were of sueh nature as to be held dangerous in Massachusetts. He had maintained "that the natives are the true owners of the land", and that a grant from the king in England did not confer title to lands in America. He had also maintained that the spiritual and eivil authori- ties should be wholly separated.


Acting upon his belief that a grant from the king did not confer title to land in the New World, Williams acquired title from the In- dians, making a purchase from the sachems, Canonieus and Mian- tonomi. To this settlement came others than the original party and


1Doyle, The Puritan Colonies, vol. i, p. 236.


2 A Defence of Samuel Gorton and the Settlers of Shawomet, by George A. Brayton, R. I. Hist. Tracts, 17.


THE POLITICAL DEVELOPMENT OF THE TOWNS.


some of these were admitted "into the fellowship of his purchase".1 Apparently Williams and some of the other settlers had certain very clear ideas as to what government should not be and should not do, but they did not manifest an equally clear appreciation of what govern- ment should be and should do. Indeed, some of the settlers thought that no government could be established outside any grant of the king. At first there seems to have been no civil restraint other than that brought about by mutual consent after consultation. Of these early beginnings Williams in a letter to Winthrop, probably written in the autumn of 1636, gives an account in the following words: "The con- dition of myself and those few families here planting with me, you know full well : we have no Patent: nor doth the face of Magistracy suit with our present condition. Hitherto, the masters of families have ordinarily met once a fortnight and consulted about our common peace, watch, and planting; and mutual consent have finished all matters with speed and peace.


"Now of late some young men, single persons (of whom we had much need) being admitted to freedom of inhabitation, and promising to be subject to the orders made by the consent of the householders, are discontented with their estate, and seek the freedom of vote also, and equality, &c."


"Beside, our dangers (in the midst of these dens of lions) now espe- cially, call upon us to be compact in a civil way and power."


"I have therefore had thoughts of propounding to my neighbors a double subscription, concerning which I shall humbly crave your help."


"The first concerning ourselves, the master of families : thus,"


"We whose names are hereunder written, late inhabitants of the Massachusetts, (upon occasion of some difference of concience, ) being permitted to depart from the limits of that Patent, under the which we came over into these parts, and being cast by the Providence of the God of Heaven, remote from others of our countrymen amongst the barbarians in the town of New Providence, do with free and joint con- sent promise each unto other, that, for our common peace and welfare (until we hear further of the King's royal pleasure concerning our- selves) we will from time to time subject ourselves in active or passive obedience to such orders and agreements, as shall be made by the greater number of the present householders, and such as shall be here- after admitted by their consent into the same privilege and covenant in our ordinary meeting. In witness whereof we hereunto subscribe, &c."


"Concerning those few young men, and any who shall hereafter (by your favorable connivance) desire to plant with us, this,-"


1R. I. Historical Tracts, 14, p. 55.


8


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.


"We whose names are hereunder written, being desirous to inhabit in this Town of New Providence, do promise to subject ourselves in active or passive obedienec to such orders and agreements as shall be made from time to time, by the greater number of the present house- holders of this Town, and such whom they shall admit into the same fellowship and privilege. In witness whereof, &c."


"Hitherto we choose one, (named the officer,) to call the meeting at the appointed time : now it is desired by some of us that the house- holders by course perform that work, as also gather votes and see the watch go on, &e."1


When the government by mutual consent was no longer sufficient, owing to the growth of the settlement, a compact drawn by Williams was signed by some of those desiring to obtain the privilege of "inhabi- tation". This eompaet was apparently made about two years after Williams submitted his propositions in regard to some form of agree- ment to Winthrop in the letter above quoted. It reads as follows : "We whose names are here under desirous to inhabitt in ye Towne of Providenee do promise to subject ourselves in active or passive obedi- enee to all such orders or agreements as shall be made for public good of ye body in an orderly way by the major consent of the present In- habitants masters of families incorporated together into a towne fel- lowship and others whome they shall admitt unto them only in civill things".2 This agreement indicates a somewhat developed form of government in which the power was in the hands of a majority of the householders in their corporate eapacity and also that this little settle- ment was making a radieal departure from the ideas of the time by restrieting the powers of the magistrate to "civill things". Not only did they propose to limit the authority of the magistrates to civil things, but they also proposed to seeure to the inhabitants freedom of worship. The earliest case of the exereise of town authority for this purpose is in the reference to an attempt of Verin, one of the first set- tlers, to prevent the attendanec of his wife at frequent meetings at the house of Williams. The records of the town say, "It was agreed that Joshua Verin upon the breach of a covenant for restraining of the libertic of conscience, shall be withheld from the libertie of voting till he deelare the contraric".3 Thus necessity compelled the establish- ment of a government and Williams, the founder of Providence, deter- mined its character by impressing upon it the idea of which he was the great exponent, namely the separation of the religious and politieal authorities.


It is evident that the settlers were not conscious that they were try- ing any great experiment that should make them deeply interested in


1Narragansett Club Pub. vol. vi, p. 4.


2See facsimile in Proceedings R. I. Hist. Soc. 1880-1881.


3R. I. Colonial Rec. vol. i, p. 16.


N.


BAYLIES COVE.


DEXTERS


LANE


@GREGORY DEXTER


JOHN SMITH #


MATTHEW WALLER


THOMAS PAINTOR


# EDWARD MANTON


JOHN GREENE JR


IN


BENEDICT ARNOLD


FRANCIS WICKES


WILLIAM ARNOLD


THOMAS JAMES.


· JOHN GREENE SH


- JOHN SMITH


+


WIDOW REEVE


SPROG


· JOSHUA VERIN


@ ROGER WILLIAMS


# JOHN THROCKMORTON


SWAMP


· WILLIAM HARRIS.


ALICE DANIELS


JOHN SWEET


* WILLIAM CARPENTER


ROBERT COLE


· THOMAS OLNEY


· THOMAS ANGEIL


FRANCIS WESTON


FERRY


LANE


· EZEKIEL HOLYMAN


@ STUKELY WESTCOTT


· WILLIAM REYNOLDS


DANICL ABBOTT


· CHAD BROWN


· JOHN WARNER


GEORGE RICKARD


RICHARD SCOTT


· WILLIAM FIELD


". JOHN FIELD


· JOSHUA WINSOR


. THOMAS HARRIS


· ADAM GOUDWIN


WILLIAM BURROWS


WILLIAM MANN


. WILLIAM WICKENDEN powIR3 LANE


NECK


· NICHOLAS POWER


WHAT CHEEn


WIDOW JOAN TILER


WIDOW JANE SEARS.


· THOMAS HOPKINS


· EDWARD HART


MATTHEW WESTON


# JOHN LIPPITT


· HUGH BEWITT


ROBERT WEST,


· WILLIAM HAWKINS


D CHRISTOPHER UNTHANK


.ROBERT WILLIAMS


-


HILL


COW-PEN POINT


rox


END COVE


MILE


A.L. BODWELL. PHOTO ENG. PROV S.1


THE GREAT, SALT RIVER


WAYBAUSSETT


STREETE


ROAD


HIGHWAY


NECK


EEKONK


WACHEMOQUIT


R


VE.


TOWNE


HILL


R


WAYBAUSSETT


PROVIDENCE


PLAN SHOWING THE FIRST DIVISION OF . HOME LOTS


PROVIDENCE, R.1. COPYRIGHT BY CHARLES W. HOPKINS, 1886.


HIGHWAY


CAT


· RICHARD WATERMAN


THE


MOOSHAUSI CR RIVER


PAUTUXETT


10


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.


its success, for almost from the first it was necessary to impose a fine of one shilling and sixpenee upon those who should be absent from the meeting of the town "above one quarter of an houre after the time appointed by him that gives warning". Soon the burdens of what little government there was beeame so great that it was decided to entrust to a committee the task of devising a plan for settling the "many differances" amongst the "loving ffriends, and Neighbours". An attested copy of their report bears the date of July 27, 1640, and thirty-nine names are subscribed as laying themselves "downe as sub- jects to it". By this new form of government "five desposers" were to "meetc every monthi-day uppon General things" at the eall of "the Clerke"who was to hold offiec for one year. The "five desposers" were to hold office for three months. The elerk was to summon "the Generall Towne together every quarter" or if any man considered himself to have such "diference with any of the ffive desposers which cannot be deffered tell Gennerall meeting of the Towne : hee may have the elarke call the Towne together at his ocationed tyme for a Triall". It was also agreed "That the Towne by the ffive men shall give every man A deede of All his Landes lieing within the boundes of the plantation to hold it by for after ages :" and that "As formerly hath benn the libertyes of the Towne : so Still to hold forth Libertye of Conscience -: " They also provide for a system of compulsory arbitration in eases where men ean not otherwise agree, stating "That after many considerations, And consultations of or owne state and also of states abroad in way of Goverment : wee aprehend no way so sutable to or condition as Gover- ment by way of Arbetration : But if men Agree themselves by Arbetra- tion : no State wee Know of disalowes that, neither doe wee: But if men Refuse that which is but comon humanetye betweene man, and man : then to compell sueli unreasonable persons to a Reasonable way." The "five desposers" are to see that matters are arbitrated and that decisions are carried out, even "if any person damnifie any man either in Goodes or Good name and the person ofended follow not the cause upon the ofender that if any person give notice to the five desposers ; they shall eall the partye delinquent to Answere by Arbetration." They were "not to receive in : 6 :dais : in any as Townes men, But first to give the inhabetanee notiee : to consider if any have just cause to show against the receiveing of him: as you ean aprchend: And to receive none : but such as subseribe to this or determination." In case a "hue and ery" was raised, "the whole inhabetanee" was to "assist any man in the pursuite of any partye delinquent with all or best en- dcavours to ataeh him : But if any man Raise a Hubbub and there be not just eause then for the partye that Raised the Hubbub to satisfie men for theire tymes lost in it." There were also other minor provis- ions for other cases which might arise.1




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