History of Newport County, Rhode Island. From the year 1638 to the year 1887, including the settlement of its towns, and their subsequent progress, Part 60

Author: Bayles, Richard M. (Richard Mather), ed
Publication date: 1888
Publisher: New York, L. E. Preston & Co.
Number of Pages: 1324


USA > Rhode Island > Newport County > History of Newport County, Rhode Island. From the year 1638 to the year 1887, including the settlement of its towns, and their subsequent progress > Part 60


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Taxes were levied on the people according to their property, but the committee appointed to apportion the taxes on the individual inhabitants found great difficulty arising from the absence of any well defined standards of valuation to apply to the matters in hand. To obviate somewhat this difficulty the people in town meeting, February 21st, 1680, set some ar- bitrary valuations on ratable property, as follows :


Land, ratable, per acre, 40 shillings.


Horses, above 1 year old, each 40 shillings.


Cattle, above 1 year old, each 40 shillings.


Swine, above 1 year old, each, 6 shillings.


Sheep and lambs, each 4 shillings.


All persons were required to give in to the officers called


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HISTORY OF NEWPORT COUNTY.


" rate makers" a true account of all their ratable estate, and if they neglected or refused to do so, or gave in a false account, a fine of 20 shillings was prescribed as a penalty for each offense.


In 1695 the following valuations on ratable personal property were fixed by the assembly :


Oxen, 4 years old and upward, each 3 pence.


Steers, 3 years old and upward, each 2 pence.


Cows, of all ages, each 2 pence.


Cattle, 2 years old, each 1 penny.


Cattle, 1 year old, each & penny.


Sheep, 1 year oldl and upward, per score, 5 pence.


Swine, 1 year old and upward, each & penny.


Horses and mares, above 3 years old, each 3 pence.


Horses and mares, 2 years old, each 1 penny.


Horses and mares, 1 year old, each } pence.


Negro servants, men, each 1 shilling, 8 pence.


Negro servants, women, each 10 pence.


Houses of entertainment were among the early needs of the town. But the body corporate preserved a vigilant oversight lest the matter of keeping such houses should become subject to abuse. In 1655 the general assembly ordered that two honses of entertainment should be kept in each town and in or- der " for ye certaintie of such honses of entertainment" the court should appoint two persons in each town to keep them. Such persons were required " to canse to be sett ont a conven- ient signe at ye most perspicnous place of ye saide honse, there- by to give notice to strangers that it is a house of publick en- tertainment; and this to be done with all convenient speede." The persons then appointed to keep such houses in this town were Ralph Earle and John Anthonie.


Ordinaries, or honses of entertainment, were afterward licensed by the town. In 1675 five such licenses were granted.


These were to Francis Brayton, William Correy, John Bor- den, Thomas Durfee, and Widow Mary Tripp. Licenses were granted on giving bonds and the payment of a fee of ten shil- lings, and they ran for a term of one year. The limit of the price of rum was fixed by the town at two pence a gill.


The precautions that were taken to secure the most desirable society were not sufficient to prevent disorderly persons from dwelling among the settlers. The drinking customs which have been hinted at in the preceding paragraph gave rise then, as


10


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HISTORY OF NEWPORT COUNTY.


well as now, to frequent disturbances of the peace. The drink- ing customs were tolerated, and as a consequence means had to be used to suppress and punish the results. The necessity be- came so great that in town meeting, August 1st, 1654, it was ordered that a rate be levied "for the buildinge of a prison in this towne."


The stocks and whipping post had already been established. Marriage relations were frequently disturbed, and such disturb- ances gave rise to much business, which was referred to the general court. Cases of adultery, fornication, divorce and fam- ily jars were frequent. One case is of such peculiar interest that we are justified in giving it at some length. May 3d, 1665, Peter Tallman complained to the assembly of his wife commit- ting adultery, and she, being brought before the assembly, con- fessed the same. A divorce was accordingly granted him, and the following sentence was passed upon the criminal:


"Upon all which the Court doe adjudge the said Ann Toll- man to receive the penalty that the law hath provided for such an offense; that is, whipping and fine, according to the law made May 22, 1655; which law doth determine that the person con- victed of adultery, if living on the Island, shall be whipt at Portsmouth, receiving fifteene stripes; and after a week respite, to be whipt at Newport, receiving fifteene stripes; and to pay a fine of ten pound to the Generall Treasurer."


The sentence still further specified that she should receive the first punishment at Portsmouth on Monday, the 22d of May, and the second at Newport on the Monday following, in the meantime to remain in prison. She petitioned the court for mercy, but the assembly, after still further examining her case, declared " that they see noe cause to reverse the sentance for- merly gone forth against her." But she watched her opportunity, and before the time for executing her sentence eame round she escaped from the prison and fled beyond the bonnds of the col- ony. Two years later she ventured to return, but the former sentence was not outlawed nor forgotten, and the assembly, on the 1st of May, 1667, issued a general warrant to any constable forthwith to arrest her and bring her before that body. Anthony Emery, a constable of the town of Portsmouth, succeeded in apprehending the said " Ann Tolman " and bringing her before the assembly, which body then ordered that the officer should be supplied with " necessary provisions and drink," and also be


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HISTORY OF NEWPORT COUNTY.


"payed for his paines and travill therein," at the public ex- pense. The lapse of two years had somewhat softened the de- termination of the assembly to allow the law to be fully vindi- cated upon the culprit, and now the sentence is modified to the following form: "The Court doe agree and order, that one halfe of her punishment shall be remitted, soe that she shall be but once whipt with fifteene stripes, at the towne of Newport; and this sentence to be exiented at the discression and appoyntment of the Governor and Councill; and the line she was then fyned is wholly remitted." The record of the transaction here ceases, and it has not been learned whether this modified sentence was ever executed or not.


It was not easy to enforce prohibitory laws then, any more than it is now. The town meeting in March, 1672, voted:


" Whereas complaint is made to this meeting of great abuse and molestation to the inhabitants of this town by the Indians drunkenness which is much occasioned by the frequent prac- tices of several persons who are not licensed to sell strong drink to the Indians whereby the peace and quiet of many is much disturbed, and for the preventing the said abuses within this township it is ordered that for the future no person within this town shall sell directly nor indirectly any strong drink as liqnors, syder, wine or strong beer unto any Indian or English by retail but only such who are or shall be licensed thereto by the town: and if any shall be found transgressing this order upon complaint made and probation thereon by any person or per- sons nnto the majestrates or majestrate in this town the offend- ing person shall forfeit and pay the sum of twenty shillings to the town treasury for each defect herein; and if any person as aforesaid do not forthwith pay the said penalty it shall be taken by distraint out of the estate of the offending person by warrant to the constable under the hand of the magestrates or magestrate."


The stocks belonging to the town had become unsuitable for use, and January 11th, 1768, it was voted, "That Joseph Thomas Jun'r Make or Repair a pair of Stocks for this town, and to be paid out of This Town's Treasury."


The great bulk of land belonging to the town was for many years preserved in a body and held in common, being mainly used for pastnrage and the production of timber. Small parcels were granted to individuals for home lots and for cultivation.


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HISTORY OF NEWPORT COUNTY.


After dividing in this way and apportioning to individuals as they desired, small parcels from time to time for many years, a general distribution was planned in 1674, and a competent sur- veyor, Major John Albro, was directed with the assistance of George Brownell, William Wodell and George Sisson to make an equitable survey of all such lands. These lands lay princi- pally in the south part of the town.


Swine were found to be troublesome, running at large on the common land at unseasonable times. It 1682 it was voted "that if any swine be found on this Town's common which are above a quarter of a yere old between the midle of March next and the middl of June next after the owner hath sufficient warning and doth not take some spedy cours with them any free man hath libertie to kill them swine." Abuses of this kind, how- ever, continued and grew worse, until a decided action was taken by this town. This was brought about in response to the fol- lowing petition:


" Wee whose names are here under written are free inhab- itants and freeholders of the town of Portsmouth, and seeing dayly many ereguler and disorderly actions by bass Ill minded persons in this Town, by ffencing and Takeing in our comons or undivided lands contrary to order, They having no Right so to doe, also by turning or puting on many disorderly horse Kind on said comons, contrary to a fformer or-der made in this Town, against it, as also some giveing Libertie to fforiners not Inhab- itants in said Town to bring and turn on horses and sheep to Eate and devoure onr grass to the great wrong of our ffree- holders: And also hog Island is ffull stocked with sheep, horses and other catle, chiefly by those persons as hath very little if any Right there: to the great damage of this townes Rams the grass being devoured before the time of putting Rams there, which bass actions is a great damage to the more orderly and honestly minded free Inhabitants and also for suffering all swine to goe unyoaked and unringed which doe great damage by Rooting up and distroying the ffood to the great damage of all the Inhabitants of all which abovesaid ereguler and disorderly actions, wee doe Joyntly and unanimosly make this our just complaint unto Capt. Joseph Sheffield and Mr. Benjamin Hall, Assistants desireing them with all convenient speed to call a Town meeting of all the ffreeinhabitants in said town and when convened together to consider of some good method for the


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HISTORY OF NEWPORT COUNTY.


Regulation of the above said disorders by making and provid- ing such and so many good and lawfull acts and orders as may bee for the prevention of all such Ill minded persons and ffor the ffuture good and benifitt of all the honest and well minded ffree Inhabitants in said towne. June 7th, 1701.


" DANIEL LAWTON GILES SLOCUM


ABRAHAM ANTHONY


GEORGE BROWNELL


JOHN SANFORD


. JOIIN BORDEN


THOMAS MANCHESTER


JOHN ANTHONY


JOHN MANCHESTER


GEORGE SISSON


WILLIAM CORIE


CALEB ARNOLD


WILLIAM ARNOLD


JOHN WARD


WILLIAM POTTER


JOSEPH COOK


ISAAC LAWTON "


The town meeting was called on the 18th of June, and a plan adopted for the correction of the abuses mentioned. This plan employed Captain Joseph Sheffield as an attorney to sne all who had illegally enclosed common lands, and reclaim such lands; and it inaugurated the office of field drivers, two of whom should be chosen animally to range the commons every month, and see that all horses were fettered and hoppled, and that no freeholder should turn but one horse on the commons. All horses found not complying with these provisions were im- pounded, and their owners charged a fee of one shilling and four pence on each. The field drivers were also to impound all sheep found not belonging to freeholders, and Hog island should be exclusively appropriated to the past urage of the rams belonging to the town. Also, it was decreed that all swine found on the commons without yokes and rings should be im- pounded and held for a fee of four pence each. John Cogge- shall, Jr., and George Cornell were chosen field drivers.


Stringent measures were taken to preserve the timber grow- ing on the common land, which appears to have been frequently the subject of waste and useless destruction. In April, 1667, this abuse had become so flagrant as to call forth the action of the town. A committee of seven men was appointed to look after the matter, and mature a plan of protection of the rights of the town and preservation of the timber.


In October, 1675, the town granted to Hugh Cole the privi- lege of nsing such trees as he might find fallen by the wind, with which to build a small frame house, and also to use for


-


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HISTORY OF NEWPORT COUNTY.


the purpose . of making wheels for the townsmen, his occupa- tion evidently being that of a wheelwright. It was also voted at the same time that all green trees on the common lands that should fall should be carried away and used, not left on the ground longer than a month, the trunk to be used for timber, and the top to be trimmed out for firewood. In June, 1680, the town voted that no Indian should be allowed to ent any wood on the common lands on the. "first day of the week," nor in the night time. Any freeman finding Indians violating this order was authorized to seize the wood and have it for his own use.


The freemen were in the habit of turning their cattle on the commons to pasture. Where large numbers of animals belong- ing to different owners were thus herded together, it was neces- sary that some distinguishing mark should be used by which every man could identify his own property. This was done by means of ear marks. On the tattered leaves of the ancient book of records, almost effaced beyond recognition, are the early entries of this curious and now obsolete class of records. They are numerous. Each man turning cattle on the commons was required to adopt some peculiar combination of marks as his "ear mark," which was to be registered in the town book. and the same mark cut in the ears of his cattle. Among the earliest that can now be read are the following, which are given as specimens of their class:


" The eare marke of Lefftenant Albro is a crope one ye Right Eare about the midle of ye Eare & a slitt downe from ye crope to ye Rout of ye same Eare and a hapeny one the fore side of ye left Eare of nere npon 30 yeares standinge and entered upon Record the 30th of november 1667 by me Richard Bulgar towne Clarke."


" The Earemarke of Mr. Calleb Arnold his Cattell is a holl in Each Eare of 3 yeres standinge and entred upon Record the 30th of November 1667 by me Richard Bulgar towne Clarke."


" The Eare Marke of the Cattell of Daniell Lawtons Cattle is two Nicks behinde the left Eare and one Nick one the fore side of ye Right Eare of 4 yeares standinge and is entred upon Rec- ord this 16th of Janauery 1667 by me Richard Bulgar towne Clarke."


The customs of early times give a more or less clear picture of the character and sentiments of the people. Some of the


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HISTORY OF NEWPORT COUNTY.


most curions, interesting and instructive will be noticed here. And in treating this subject perhaps no clearer idea can be given of the manner in which the young town did its busi- ness than to copy in full the record of one or two of its meetings.


"At a meetinge of ye freeinhabitants Janawery ye 5th, 1666, Mr. William Baulston wos chosen Moderator for that day. The General Courte orders published that day. John Pearce admitted that day a freeinhabitant of this towne. Mr. Smitten wos that day Receved as a snggener into this towne untell further order. Lefftenant John Albro presented a bill of debt about worke done at ye fort. . Richard Bulgar pre- sented a bill of 30 shill wt wos aproved and past by the voat of ye towne."


" At a Meetinge of ye freeinhabitants of the towne of ports- month Aprill ye 23d, 1667.


"Mr. William Baulston chosen moderator for ye day. The Generall Sargants worrant Reed in that assembly. Deputies chosen for searves in ye Generall assembly, 1 Mr. John Gard, 2 Mr. William Wodell, 3 Mr. William Hall, 4 Mr. Robert. Hazard. Grand Jurymen, 1 Adam Mott, 2 Giddion Freeborn, 3 William Corry. Petty Jurymen, 1 William Cadman, 2 Dan- ille Greenell, 3 Thomas ffish.


"Voted that Mr. John Sanford, William Wodell. Lefftenant John Albro, Thomas Cooke, Senyor, John Tripp, Senyor, Mr. William Almy, William Hall, which seven and others that these 7 men may advise with are to consider of a way to pre- vent the destruction of wood and timber in the comons of this towneship and to Ripen a way of Redres and to present there thoughts to ye next towne meetinge.


" flinis."


" At a Meeting of ye ffreeinhabittants of ye towne of Ports- mouth Jun ye 3d 1667.


" Mr. William Baulston was chosen moderator for that day. Richard Bulgar was that day chosen towne Clarke for the yeare inshninge and ingaged. The towne Counsell chosen for ye yeare inshuinge Mr. William Baulston, Capt. John Sanford, Leff. John Albro, Mr. William Wodell, Mr. Robart Hazard, Mr. Samuell Wilber. Ingaged all. Constables chosen John


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HISTORY OF NEWPORT COUNTY.


Briggs Senyor, chosen for ye yeare & ingaged, Frances Braiton chosen for ye yeare and engaged, Thomas Cornell chosen for yo yeare and ingaged, Thomas Ginings was that day chosen towne sargant for the yeare inshning and ingaged. Mr. John Sanford, Mr. John Tripp, Senyor, are chosen survayors of chattell for ye yeare iushuinge. Mr. William Banlston chosen tresurer for ye yere & ingaged. The Recepricall Ingagement Adminestred to ye officers.


" fines."


A enrious ceremony was that of proclaiming the king, or in other words acknowledging in a public manner the allegiance of the town to the king. Of such a ceremony the records con- tain the following minnte:


"Charles the Second by ye grace of god King of England, Scotland, France & Jorland and the Dominyons thereof: was in a most sollem maner proclamed in the towne of Portsmonth: upon the 24th day of October and in the 12th yere of his Majesties Raine.


" God Save the Kinge."


In carly times taxes were paid sometimes in produce, and other transactions were adjusted by such . merchandise instead of money, circulating medium being then searce in the colony. Officers of the town were paid for their services in the same kind of property. We quote an example from the records dated June 23d, 1679:


"Voted that Thomas Jennings shall have six pounds of wool paid him by the Treasurer which is for warning of a Town meeting in october, 1674."


Some of the records of marriages and births are interesting, both in regard to their form and the matter which they contain, as throwing light on the early history of some of the old families of the locality. We quote a few of the most inter- esting :


"Portsmouth the 7th of June 1686. These are to declare that Thomas Manchester and Margaret Manchester his wife, living both in the said town of Portsmouth declares upon oath that they heard and saw lehabod Sheffield was married Lawfully married to Mary Porter, daughter to George Porter, living in the said town by mr. William Baulston majestrate of the said town they being married according to law, This


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IUSTORY OF NEWPORT COUNTY.


being taken upon oath before me George Lawton Assistant. The birth of the children of the abovesaid Ichabod Sheffield and Mary his wife are as followeth.


"Joseph Sheffield was born the 22d day of August in the year 1661.


" Mary Sheffiekl was born the 30th day of Aprill in the Year 166.1.


" Nathaniel Sheffield was born the 8th day of Aprill in the year 1667.


"Ichabod Sheffield was born the 6th day of March in the year 1669.


" Amos Sheffield was born the 25th day of June in the year 1673."


" In Portsmouth on Rhode Island, in the Colony of Rhode Is- land and Providence Plantations in New England the nine and Twentieth day of January in the year of the Lord one Thousand six hundred seventy nine Abiel Tripp of Portsmouth aforesaid Did take to wife Deliverance Hall of the said Portsmouth and they the said Abiel and Deliverance were then and there Joyned together in marriage by me,


"JOHN ALMIRO Assistant."


" Thomas flish of the Town of Portsmouth Jun'r was married unto Grizigon Strainge daughter of John Strainge of the said Portsmouth the 16th day of December in the year 1668: the birth of the said Thomas and Grizigon fishis children are as followeth:


"their daughter: Alice flish was borne the 15th day of Sep- tember in the year 1671:


"Grizzill fish was borne the 12th day of Aprill in the year 1673.


" Hope fish was borne the 5th day of march in the year 1675.


" Preserved fish was borne the 19th day of August in the year 1679:


" mehetabell fish was born the 22d day of July in the year 1684."


While speaking of family history and marriage records, we will give a specimen of a enrions marriage certificate which may be found duly recorded in the town book. This singular form of ceremony, it appears, was required in the marriage of a widow,


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HISTORY OF NEWPORT COUNTY.


in order to absolve the second husband from any obligations on account of the previous associations of his wife. The follow- ing is copied from the record:


" March the 11th day 171;


"Then did Philip Shearman take the widow Hannah Clarke in her shift without any other apparrel as I could discern and led her aCross the highway as the law directs in such Cases and was then married according to law


"by me WILLIAM HALL, Justice.


" the above written


" is a trne Coppy Recorded


" pr. WM. SANFORD Town Clerk."


Among the early enterprises of the people was the building of wharves for the accommodation of the commerce, which was an important factor in the prospective life of the settlement, and indeed one of proportionately greater immediate importance than now. In 1682 the town granted permission to different persons to build wharves against the shores of the island. Among such grants were the following: William Earle was granted permission to build a wharf "four rod northwardly from Abiel Tripp's wharf." It appears that some had begun to build wharves without apprehending that the town had any au- thority in the matter, but supposing that individuals might run out wharves from their own lands without permission from the town. The town, however, wished its anthority to be properly recognized, while no disposition appears to have been mani- Tested to prevent the full development of all such individual enterprise as should appear. Liberty at this time was granted to John Borden and Abiel Tripp to finish the wharves which they had respectively begun. Permission was also granted to Joseph Anthony " to build a wharf against the honse which he now dwelleth in."


One of the first necessities that presented themselves to the primitive settlement was the need of some means of reducing the products of the grain fields to flour or meal. Nature must be appealed to for power in some shape to turn the stones which should grind the grain. Streams of water which, in most parts of the country, were numerous enough for this purpose, were very scanty on this narrow island. Hence the winds of heaven, which always blew freely across these hills, offered a more available power for the most of this work. As an induce-


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HISTORY OF NEWPORT COUNTY.


ment for the erection of such a public convenience the town voted, October 12th, 1675, that "a windmill may have soe much ground out of the Comon as the sweep carries round." Wind- mills, however, had already been established. As early as 1668 William Earle and William Corry had a windmill on Briggs' hill. A water mill was, however, not an unknown thing on the island. February 17th, 1682, the town considered and granted a petition from William Richetson to erect a water mill " for public use between the place where John Tyler's mill stood or near thereunto between that and Gideon ffreeborns land. And to that end to have liberty to make a damm or dams and also to make such trench or trenches as may be suitable in that Re- spect and also to grant him one acre of land near thereunto for his accommodation so long as he shall keepe and maintaine or canse to be kept and maintained a mill there." How long the site was occupied is not known, but with the clearing of the land the fountains of the few streams on the island were weakened, so that water power became a thing quite impractic- able here. The wind mnst furnish power to grind the grain.


Among the most prominent features of Portsmouth land- scapes to-day are the great windmills, whose revolving arms of white are pictured against the darker clouds with an effect commanding the attention and admiration of every beholder. They occupy the high grounds, where they are seen from all directions, and from long distances. No traveler passes by on the waters of the bay who does not admire their picturesque appearance. There are five of them now in operation in the town. These are operated by or upon the lands of Daniel Almy, William M. Manchester, Henry Anthony, Job Soule, and Leander Boyd.


The connecting link between the town and the colonial gov- ernment was the committee, or deputies, or representatives, as they were variously called. These were numerous during the colonial period-too much so to be given in full here; but as the first half century was one full of interest, in its history and the men who figured therein, we shall give the names of those who represented the town in the councils of the colony during that period. These deputies were chosen for each session of the assembly, which met several times a year, two or more times statedly and as many more times as the temporary circum- stances required.




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