USA > Rhode Island > Early Rhode Island; a social history of the people > Part 9
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The wife on her part appreciated such liberal treat- ment and showed that she was not making a merely formal or ineffectual contract.
"51y. I Rachell Potter if it appear I have disposed of more than one bed since our departure, said bed shall be returned."
In treatment of the poor, especially those fallen from a better estate, the finest qualities of the planters stood out in full relief. The support of the poor caused a sub- stantial portion of every rate assessed. Once within the town, the poor were well cared for, though the burghers were constantly struggling against tramps, vagabonds and persons whom they did not choose to admit as citizens.
78 Mark the delicate variations and subtle suggestion in this re- newed courtship. Both. " uncomfortable" and he ready to give further encouragement. Modern Newport might learn some things of old Providence.
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Treatment of the Poor
1683]
However illiberal or undesirable this municipal hostility appears to be now; then it seemed to be the only mode of ruling a plantation.
We cannot follow in detail the administration of par- ticular cases, though they are interesting and often pathetic. A negro, not enslaved, had rights, for Samuel Reep's servant appealed to the town, Feb. 19, 1672, 79 Reep having refused to " Receue him or Releaue him for his presant nessety." John Joanes 80 frequently appears, declining into the vale of years, and always as " our An- cient Neighbour." Dec. 24, 1677, repairs were ordered for his house to make it " comfortable for the winter." Nov. 24, 1680, the same ancient neighbour is allowed maintenance according to " his minde and will." The old gentleman's will could still prevail over the committee, for he repudiated their arrangement Dec. 15, and asked for an inventory of his estate. In April the poor " neigh- bour" submitted to the inevitable resigning estate to the town. House and lot were sold by " inch of ye Candle, highest bid, £17.6. May 3, 1684.81 His inventory showed £8.4.1, of which £2.4. was in wearing apparel. Jan. 27, 1682-3, Joseph Smith received a grant of forty feet square on Towne Streete-as they were constantly being made --- on condition that he lay a row of " steping's stones along the fence of John Joanes' lot."
Wm. Harris died in London, but we may cite from his inventory, January 21, 1681, 82 some items which are interesting from every point of view. He had a story and a half house, with many barns and cribs well stored and perhaps the largest estate in the colony, leading a
79 " E. R. Prov., Vol. VIII., pp. 23, 88, 89, 123.
80 Ibid, Vol. III., p. 227.
81 Ibid, Vol. VI., p. 122.
82 " Early Rec. Prov., Vol. VI., p. 75.
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The Colony and the Town of Providence
most active and enterprising life. Pewter was the main article in the outfit of table and kitchen, and his stock was worth £2. 0. 4., including syringe at 5s. 6d., and a cham- ber pot at 1s. 6d. These durable conveniences were com- mon and in this instance coincided in value with a copper candlestick. This metal was unusual, and the por- ringer-a dish so much used in pewter-stood at 1s. Brass kettles and candlestick £1. 0. 6., and this metal as well as iron was used in almost every kitchen; there was also wooden and earthen ware. We have referred to Harris' library, which was then far better than that of the ordinary man of affairs. Fortunately, the list may be given in detail. 1 Dixonary 6s .; London Despencet- torey 8s .; Chururgion's mate 10s. ; Norwood's Tryangles 5s. ; 1 Bible 2s. 6d. ; 1 Great do 5s. ; 1 Contemplations Mor- all and devine 2s. 6d .; Cooke's Commentarey upon little- ton £1. (this was given to Thomas Olney) ; The Compleat Concordance Clarke 8s. ; Touchstone of wills 2s. ; 3 bookes 1s .- 1 naturs Explecation ; 1 treatise of faith; 1 ye effect of warr; 5 books 6s .- Gentleman Jockey, Gospel Preacher, New England Memorial, Method Physic, Introduction Grammar, Lambath's perambulations, not valued; Statute poulton £1. 15 .; Declarations and Pleadings 3s .; The Executors Office 2s .; Exposition law terms 2s .; layman's lawyer 2s .; Saw juryers 1s. 6d .; Justice Restored 1s. 6d .; Dallon's Country justice 5s. A set of surveying instru- ments.
A collection of books in a community where they were scarce; it was very strong in law, moderate in theology and ethics, sufficient in medicine and surgery, useful in surveying; altogether the mental nutriment of a powerful citizen who touched life on all sides.
As Wm. Harris was in the way of the time a statesman, Thomas Olney, called Senior in distinction, was a poli-
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How the Planters Lived
1683]
tician and manager of men. One of the original thirteen proprietors with Williams and Harris, the first treasurer of the town; he was often town clerk, when the clerk was the mainstay of order, and of such propriety as prevailed. He was very acrimonious in the dispute with George Fox and the Friends. His disputation mingled politics with doctrine in a manner worthy of an ecclesiastic. He was always prominent in the affairs of plantation and colony. October 9, 1682, 83 his inventory showed the moderate personal estate of £78. 9. 5., of which only £3. 17. was in wearing apparel. There was a change in the dress of this class of citizens in the next score of years. In the pioneer period and until after King Philip's War, the planters were homely in all their habits of life. Brass was represented in 3 kettles £1. 6 .; in a candlestick and other articles 5s. Pewter dishes £1., with 1 dozen trench- ers 6d. The furniture was meager, 2 old joynt chairs and a joynt stool 3s. 6d .; 1 great chair 1s .; 1 " fourme " 6d .; 1 small table 4s. There was no loom or spinning wheel, but considerable evidence of home-made cloth. As 2ª yds. Carsey 13s .; 10} yds. blanketing £1. 5 .; 4 yds. woollen homespun 7s .; 23 yds. home-made cloth 4s. 2d. Almost 2 yds. white fulled cloth 4s. Dry hides, includ- ing what Thomas Olney took to tan; £2. 14. in money and 4 cows at £10. Evidently he farmed only for his own household, and commingled other interests, as in tan- ning, weaving, etc. He did not read as Harris did, for his library was small, even in a small environment of books. One bible 4s .; 3 old pieces bible 2s. Three books-Ainsworth's Annotations, a Concordance, " fisher's Ashford Dispute "-were valued at £1. 10. Though church connections were few and not very binding, the Scriptures were clearly used in a practical way. In the 83 " Early Rec. Prov.," Vol. VI., p. 90.
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The Colony and the Town of Providence
dearth of printed matter, pieces and bits of Bibles and Testaments were appraised in many inventories.
In the same month passed on John Smith, the miller ; not so conspicuous or famous, but an influential factor in the communal life of the early plantation. Before there was a room of size in a dwelling, or a tavern to accommodate loiterers and talkers, the town-mill gath- ered a throng who discussed the whole affairs of those concerned-political, religious, or social. Seated on bags of grain, they did not mind the rumbling of the stones, as they disputed and threshed out matter for a future town mecting. John Smith, of the widely extended name, hos- pitable and hearty, must have made happy the early townsmen assembled for these rare opportunities. His estate was £146. 5. 3., 84 the corn-mill, house over it and all appertaining was valued at £40; one-seventh part of the saw-mill adjoining £3. 10. The furnishings were sim- ple, 2 bedsteads and bedding £2 .; 1 do and bedding " in ye lower Roome " £3; Brass and copper kettles £2. 16 .; 2 tubs and tobacco 5s. 6d. Flax 10s. Cattle with 2 mares, 3 young horses, 16 swine £22. 9. " Ye Booke of Martirs " 15's. Old bible, "some lost and torne, 9d."
In 1683, died Roger Williams the founder. He built the state even better than he knew-and his knowledge was great for his time and opportunity. The principles he conceived and set forth were larger than any man; as the centuries have shown.
An important function in the early life of New Eng- land lay in the making of apprentices; binding out a minor to learn an "art or mystery." When children were bereaved, it often created a temporary home for a waif, and finally gave him capacity for a good livelihood.
After the vocation of a smith, one of the greatest 84 " Early Rec. Prov.," Vol. VI., p. 72.
1683]
The Art of Weaving
113
needs was for a weaver. Cloth making was carried on in nearly every household, and sometimes experts went about using the family looms. Again, there were shops for weaving yarn taken from farmers who carded their own wool and spun it on domestic wheels.
July 3, 1674, 85 there appears a name well known in textile industry. Moses Lippitt, with the consent of his father-in-law, Edward Sairle, and Anna Sairle, his mother, was apprenticed to William Austin for fifteen and one- half years and two months to learn the " art and trade " of a weaver. There were the usual covenants and at majority he was to have his freedom and "two sufficient Suites." If Austin should die, he could assign Lippitt for the balance of his term.
March 30, 1696, John Sayles took Job Liddeason for 14 years, who promised to keep his master's secrets, not to contract matrimony, nor frequent taverns or ale houses, nor absent himself night or day. Sayles on his part was to give the " Nessessaryes to an apprentice doth belong " and to " endeavour to learne him to Read and write." 86
Jan. 11, 1708-9, 87 Thomas and Hannah Joslin took Jerusa Sugars from her mother; who was to pay them £8 in silver and 40s. in a yearling heifer. The payment was changed Jan. 20 to £10. silver. The child was about one year old, and was to receive sufficient board, lodging and apparel for a servant. The Joslins were " carefully her to keepe " and to learne " the said Jerusa Sugars the art and mistry of a Tailor, well and sufficiently to make apparill both for Men and Women and to learne her to Read well." At eighteen years of age, she was to receive two sufficient sutes."
85 " Early Rec. Prov.," Vol. V., p. 292. 1. ... 86 Ibid, p. 147.
87 Ibid., p. 18.
E
al
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The Colony and the Town of Providence
Richard Arnold in his will, 1708, directed his son Thomas to free the negro Tobey in February, 1716-7, when he would be 25 years of age, and should receive two suits of clothes.
Nov. 25, 1687,88 Gideon Crawford, a Scotchman, was granted liberty to " Reside and here to follow his way of dealeing in goods." This was a memorable event, for he was the first to develope an orderly trade among the not too liberal planters of Providence. Com- merce was not unknown, for William Field, in his will, May 31, 1665, 89 gave to his " cousin Thomas now at Providence, all that Cargo that is now upon sending to the Barbados." And in further bequest gave to his wife " that which is as Yett coming to me from the Bar- bados." But the traces of exports are few, and though Mr. Dorr excludes them altogether in his view of indus- trial progress in the latter seventeenth century, commerce prevailed, if it was not important. The community pur- sued agriculture too closely, and suffered from the con- tracted ideas prevailing in consequence. It was not until 1711, when Crawford and his imitators had taught the value of enlarged intercourse with the world that Nathan- iel Browne established ship-building at the head of the " Great Salt River."
The most definite account of Rhode Island exports ap- pears in William Harris' testimony in London before Sir J. Williamson, 90 in 1676. This was carried on from Newport, but Providence must have profited indirectly through the demand created for produce. There were more sheep in Rhode Island than anywhere in New Eng- land. Wool was exchanged with France for linen. Deer-
88 " Early Rec. Prov.," Vol. V., p. 170.
8ª Ibid, Vol. VII., p. 225.
90 " Col. Br., State Papers, 1675, 1676," pp. 221, 222.
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Character of Exports
1683]
skins, sugar, and logwood went to England for cloth and iron ware. Horses, beef, pork, butter, cheese, flour, peas, and biscuit went to Barbados for sugar and indigo. There was " a great trade " in cod, haddock, and mackerel with West Indies, Barbados, Spain, and the Straits. I think much of this fish came from Massachusetts in ex- change for West India goods. He mentions obtaining linsey-woolseys and other coarse cloths from Massachu- setts.
Citizens of another sort were admitted occasionally, though many were refused. William Ashly and his wife were driven out from "Wels " by Indian depredations to Boston. Then they came to our plantation, where Abraham Hardin permitted them to unload their house- hold goods, " which I took to be a loving-kindness in dis- tress." 91 He asked for a habitation in 1693.
The Indians, though much weakened, were a factor and caused alarms in the quiet life of the plantation. April 23, 1697, 92 there had been " a late in Curtion and inva- sion by the Cruel and Barbarous Indian Enemies." The Council appointed twenty prominent citizens to com- mand ten men each, and to " scout, kill and destroy."
We have noted the political organization of govern- ment under the charter. Quite as important was the char- acter of the judicial system introduced then.93 The chief officers were a President and four assistants-one from each town-making a General Court of Trials for the Colony. This was the origin of our present Supreme Court; lesser tribunals appealing to it. As showing the curious interplay of English legal procedure, with the planters' notions of independence and town government,
91 " Early Rec. Prov., Vol. XVII., p. 146.
92 Ibid, p. 163.
93 Durfee, " Judicial History R. I.," (Tracts), p. 11, et seq.
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The Colony and the Town of Providence
there had been a mingling of the head officers of a town with the Court, and they had sat together. This was remedied after 1647 by rules " to add to the comely and commendable order of the Court."
The General Assembly had full governmental powers, and consisted of the Governor, Deputy-Governor, ten as- sistants, and a body of deputies The deputies, or house in modern parlance, were a purely legislative body; the Governor, Deputy-Governor, and assistants (senate) had magisterial duties as well. After the old court became mainly a tribunal for appeals, the new court exercised original jurisdiction.
In 1749 a change in organization was effected. From the Governor, Deputy and ten assistants, five judges, a chief and four associates were selected. In 1781 final separation was made between legislature and judiciary, for members of either house of the Assembly were for- bidden to sit as justices of the Supreme Court.
The earlier judges included Roger Williams, Samuel Gorton, John Clarke; not lawyers, but men of broad cul- ture for the time. Perhaps they were quite as useful in a common world as the strictly trained Puritanic jurist, steeped in Judaic precedent and tradition. The whole system was a local and essential outgrowth of the soil. The orderly sense of law, transported with every English immigrant, was incorporated with an intense individual desire of the citizen to imprint his own ideal of immediate justice on every public act. Some of the most vital issues of Rhode Island life-potential for good or evil-were born just here.
We should note that this remarkable creation of a sub- stantial judiciary out of very rough material, which worked out justice according to English law, was accom- plished by men outside the lines of Catholic or Protestant
117
1683]
Humane Proceedings in the Courts
education. Churches do much good, as well as some ecclesiastical harm. In Massachusetts and Connecticut they educated the people. Outcast Rhode Island must educate itself, not by academic forms, but through the business of a hard, stringent life. A university was impos- sible, but nature lived and moved all about these men. After all, to do is better than to construe or to imitate. William Harris, Thomas Olney, Arthur Fenner, Pardon Tillinghast, the cooper-preacher, and many less conspicu- ous, took and assimilated life from the kernel.
A record book of the " Ancient Court of Last Resort " has been preserved fortunately at Newport.94 All the cases are curious and some indicate remarkable efforts to apply a large humane spirit to the inevitable burdens of the law. In the period 1672-1678, Stephen Sabeere, of Newport, obtained judgment against Wm. Blandin £7. 14. 6. N. E. silver. However modern civilization may err in treatment of the debtor, its humane intention is a great gain over the severity prevailing two centuries since. In the procedure with Blandin, clumsy though it was, the Court was trying sincerely to distinguish between a disas- ter and a crime. It laid down the general proposition " poor persons that have not to pay their debts, shall not lie languishing in prison." The Court adjudged, considering " the debtor's poverty, and creditor's due debt, not for profuse expenses, but for diet for himself and wife, do order." Blandin was to work out his debt " on carpentry upon this island, being boarded by the creditor." And there were minute provisions for valuing work and trading in Sabeere's timber to help "work out." Altogether, it was a careful finding of justice in the con- crete, and in advance of the times in procedure, whether of Massachusetts, Connecticut, or England.
94 Durfee, p. 124, et seq.
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The Colony and the Town of Providence
Indictments for the " vague misdemeanor denominated contempt of authority " were common. Theft was severely punished. Uriah Clemence, for stealing a watch, was sentenced to be "severely whipped and if the fine of £12. be not paid " the general treasurer was directed to " sell him for a servant for the full term of 7 years." It was the custom of the time to impose heavy fines, and the alternative of servitude was occasionally enforced. Whipping was imposed for various crimes, and the pun- ishment for theft generally included a twofold restoration of the property. There are traces of the Talmudic method, in trying to pry into the intention of an offender.
Sexual offenses prevailed abominably ; thirteen indict- ments being recorded in one term, 1672. The same ten- dency appeared in other colonies, especially on the rec- ords of Plymouth. As Judge Durfee remarks, they were largely due to the " vacuity of life."
The execution of the law appears to have been quick- ened in general about 1685.95 In Providence the " towne was destitute " of stocks. It ordered Samuel Whipple to provide lumber and John Dexter to finish them. In 1687 Anne Waters, a married woman, was " transported " for felony. The care of her young child was assumed by the town.
In 1684 and 1685 there appears an interesting instance of law changed and formed anew out of public opinion, in the loss of Wm. Dyre's suit. A public officer, he had seized the estates of eight Jews for "alienage," but the verdict was rendered for the defendant Jews. The Jews petitioned the General Assembly for relief. It voted that they "might expect as good protection here, as any stranger, not of our nation, ought to have, being obedient to ' the laws.'" As the Jews had been most useful resi-
95 " Early Rec. Prov.," Vol. VIII., pp. 142, 174.
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Development of the Judiciary
1684]
dents largely engaged in commerce at Newport for more than thirty years, their questionable position under the law shows the generally eccentric treatment of this remarkable racc.
We may cite the words of C. J. Thomas W. Durfee,9% whose learned, calm, and judicious conduct in its turn, duly contributed to the results achieved. "Step by step the judiciary has gone on gradually consolidating and developing itself to answer to the growing and varying needs of the state. Our ancestors held that a judiciary like any other political institution exists not for itself, but for the work which it has to do. Such a growth is accord- ing to the law of evolution, by progressive adaptations."
In 1663 the proprietors passed an ordinance reserving 106 acres land for the maintenance of a school. It does not appear that action followed. The first schoolmaster was Wm. Turpin, who became representative to the Gen- eral Assembly in 1722; town clerk in 1727. June 11, 1684, he agreed to furnish Peregrine Gardner with board and schooling for one year for £6. The record referred to the grant of land for the " use and benefit of a school- master," which was the " occasion of my settling at this town." He maintained the "worthy art of learning," but there was no transfer of land. In 1694 John Dexter and others obtained a grant for a schoolhouse on Dexter's Lane (now Olney Street), but no action is recorded. Judge Staples 97 found no evidence of a public school in the seventeenth century.
Soon after the middle of the century, planters built a " house in the woods," even when they had regular resi- dence in town. Arthur Fenner 98 has a house of this kind
96 " Judicial History," p. 153.
97 " Annals," pp. 492-494.
98 Isham and Brown, p. 24.
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The Colony and the Town of Providence
in 1655 at Cranston, near the village of Thornton. After King Philip's War he could safely build a comfortable one in 1677; and the first shelter probably survived in the lean- to. The first type of houses described on Towne Street, in the period of building toward the end of the century, grew along the ground, before rising into a full second story. Generally there were four apartments. Chimney in the center or at the side, and more or less chambers. There were also a few narrow ones of two stories, with two rooms on each floor, a garret above and a leanto. Thomas Olney, one of the most wealthy planters, dying in 1682, had a " parlour," a kitchen "and chamber." 99 There were evidences of comfort, not only in the massive chim- ney and occasional end wall, but in windows placed irregu- larly, yet showing better-the active life therein.
It is unfortunate that we have not better records of an annual fair in Providence. September 23, 1696, 100 one was held and Captain William Hopkins was appointed " Clarke of the Market." Olney's, Turpin's, and Whip- ple's inns were centers of public excitement throughout colonial times, where people gathered and information was circulated. By these resorts the temporary market-place was constituted and stalls were set in the public highway. It was an interesting phase of early communal life, and doubtless took effect in the habits and manners of the rural citizens.
December 12, 1699,101 the inventory of Stephen Arnold, a wealthy man in Pawtuxet, is worth noting. The lands do not appear, but the personal estate was £495. 11. 1., of which £130. was in gold and silver, £146. 5. 3. in " money
09 Probate Rec., Vol. I., p. 33.
100 Dorr, " Planting and Growth," p. 190.
101 " Early Rec. Prov.," Vol. VI., p. 207.
IL
Type of the houses built in the latter part of the seventeenth century.
CESAR HOUSE.
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1699]
Comforts Increase
121
due by bills." Plate now appears worth £17. Pewter and Glasses £4. 5. His wearing apparel, better than the average, stood at £12. Books £6. In cattle and sheep he had £76. 10., without horses; £10 in home-made cloth, and two stocks of bees at £1.
In a personal estate of £68. 16. 2. four years earlier the male apparel was £5. 11., and the wife's adornment only £3. 3.
In rebuilding the town after King Philip's War, there was a decided advance in the architecture and provision for comfortable living. William Harris' house, one of the bet- ter sort, was a story and one-half high. His barns were even more ample than his dwelling. The confined, rough structure of the early pioneers had been succeeded by a house of several rooms, and in many cases the peculiar leanto (often called " linter ") was added. The chimney was large and usually at the end; 102 at this time and in the beginning of next century. There were several his- toric houses of this period which lasted well into modern times. T. Fenner's at Cranston, built in 1677, Eleazer Whipples at Lime Rock, built in 1677, Edward Manton's at Manton, built in 1680, Eleazer Arnold's at Moshassuck, built in 1687, Thomas Field's at Field's Point, built in 1694.
There were horse carts and wheeled vehicles in wealthy estates before 1700 ; 103 but they were little used. Saddle and pillion were better adapted to the bridle-paths, which Madam Knight found so difficult when she journeyed through our colony from Boston to New York on horse- back in 1704. She came with the post-rider from Ded- ham, Mass. "We found great difficulty in Travailing,
102 Isham and Brown, "R. I. Houses," pp. 16, 30. 103 Dorr, p. 123.
ـدد . شــ
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The Colony and the Town of Providence
· the way being very narrow, and on each side the Trees and bushes gave us very unpleasant welcome with their Branches and bows." 10
Intercourse in the seventeenth century tended toward canoes and boats along the waters of the Bay, rather than to bridle-paths on shore.
Toward 1700 and thereafter, we have ample inventories of the planters' estates; which will assist in working out the change of living, as we pass from agriculture to com- merce. Shipbuilding, begun in 1711, marks this passing of a community.
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