USA > Rhode Island > Kent County > East Greenwich > History of the town of East Greenwich and adjacent territory, from 1677 to 1877 > Part 3
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" Thirdly,-none are to be taken in as partners without the consent of the major part of the purchasing partners, and not to take in more than to make as many shares abovesaid.
30
HISTORY OF EAST GREENWICH.
" Fourthly,-that any man shall have more than one share, yet he shall have but one vote about anything relating to said land. In witness whereof we have hereunto set our hands and seals this 30th of June Anno Domini 1677.
"Signed, Sealed, and Delivered in presence of us,
BENJAMIN BARTON, JOHN WATERMAN,
THOMAS FRY,
THOMAS NICHOLS,
JAMES CARDER, MALACHI RHODES,
JOHN SPENCER, JAMES GREENE,
BENJAMIN GREENE, SIMEON SMITH,
PARDON TILLINGHAST, JOSEPH SMITH."
The earliest records of the Town of East Greenwich are contained in Book No. 1, now in the town clerk's office, . and dated April 13th, 1677. For the first half century the records are limited, and the writing so unintelligible and contains so many abbreviations that little of interest can be obtained from them. It appears that John Heath was the first town clerk.
" PROPRIETORS' MEETING, JUNE 6TH, 1700.
" Ordered, That Peter Lee shall have twenty acres of land where he now dwells and is bounded as it is now set out upon the plat for and in consideration of forty three shillings and sixpence already paid into the hands of our Treasurer for the use of all the proprietors towards defray- ing charges that hath or shall accrue on our purchase.
" Ordered, That Thomas Eldridge shall have a corner of land adjoining to his first division, and that the surveyor draw it upon the plat accordingly, and that he hath paid forty five shillings into the hands of our Treasurer in con- sideration thereof.
"Ordered, That Benjamin Greene, of East Greenwich shall have a small tract of land to his first division of land between that and the river, and that the surveyor draw it accordingly upon the plat and that he shall pay fifty shillings in money in consideration thereof into the hands of the Treasurer.
" Ordered, That there be fifty lots made and numbered according to the numbers of the farms as they are numbered upon the plat, in the second division, and that they be put into a hat, and that Mr. William S. Church give to each proprietor, one of said lots according as his name is called, and that each proprietor pay thirteen shillings into the hands of our Treasurer, before he receives his lot, the which money is to defray the charges of surveying that hath
31
EARLY LEGISLATION.
arisen, or any other expenses that hath or shall arise upon our said grant, all which was accordingly donc, and here followeth the names of the persons that drew the lots, and the number of the lot :
Michael Spencer No. 1.
Benjamin Smith No. 26.
Anthony Long. 2.
Capt. James Greene. " 27.
David Vaughn. 66
3.
Oliver Carpenter " 28.
Richard Greene. 66
4.
Nath. Sheffield. " 29.
Thomas Eldredg. 66
5.
Philip Tillinghast " 30.
Henry Renolds
6.
Joseph Dolliver. 31.
Weston Clarke.
66
7.
Benjamin Greene. 32.
Mathew Grinnall
8.
Jabez Greene. " 33.
Thomas Stafford
9.
Peleg Spencer.
34.
Benjamin Barton
66
11.
Eben, Slocum " 36.
Robert Spencer
12.
Simeon Smith 37.
William Wanton. 13.
66
14.
Ishmael Spink
39.
William Knowles
15.
Capt. Ben. Greene.
40.
Clement Weaver. 16.
Samuel Greene. . 41.
Left. James Greene 66
17.
Capt. James Carder " 42.
Maj. Randal Holden.
66
18.
Thomas Wicks " 43.
John Waterman
66 19.
John Wicks. 44.
66
Job Greene .
"' 20.
John Nichols " 45.
Thomas Nichols.
21.
Gen. Samuel Cranston " 46.
47.
Daniel Sweet 23.
John Mumford. " 48.
Malachi Rhodes
24.
Pardon Tilling. " 49.
Amos Stafford
25.
Francis Bates. " 50.
" Ordered, That whereas there is some timber now under seizure, that is not yet disposed of, we order that those per- sons that seized said timber, with John Spencer, Thomas Nichols and John Nichols, or the major part of them, shall or may agree with the persons that pretended to the right of said timber, and if they refuse to agree upon reasonable terms, then the persons above empowered shall sell the said timber for the best advantage, and make returns to the proprietors of their doings therein, and whereas there are some swamps and other land not yet divided, we order that the persons above named, are still continued to proceed to seize any timber cut upon said land according to former orders, and they to make their return to the next meeting of the proprietors, and this meeting is adjourned to the first Wednesday in June next."
" EAST GREENWICH, July 23d, 1711. Voted, that whereas, the town of East Greenwich hath made several grants of some small parcels of land by way of exchange or otherwise, this meeting doth confirm the same.
" Voted, that there shall be two hundred house lots laid at or near the landing place, and to begin at Warwick
10.
Charles Holden.
" 35.
Capt. James Bowen.
Thomas Fry. 38.
John Spencer.
Thomas Spencer
22.
Maj. JJo. Jenks.
32
HISTORY OF EAST GREENWICH.
south line and to extend southward to Mr. Heath's North- east corner, and to the eastward of the country road, and down to the sea, and lay out convenient highways or streets, and each ten acre lot, and each ninety acre farm, shall have one of said lots, and the other hundred lots to be disposed of by a committee hereafter named to such persons as will build a dwelling house in such time as the committee shall appoint, and upon neglect of building, the said lot to return to the proprietors, to be disposed of to other such persons as will build upon said lots, and that no person in taking up any of said lots shall sell his lot to any person, to be appropriated to any other use but only for building dwelling houses, and promoting a town, and that each one that hath a lot in said town shall pay the charge of the survey of said lot, and this division not to be drawn unto a precedent for any division of our land in this our Town of East Greenwich, and the committee appointed for such work are John Spencer, Thomas Nichols, William Bennett, Peleg Spencer and David Vaughn; they or the major part of them, and when such lots are laid out the owners of the ten acre lots, and the owners of the ninety acre farms, shall go to lot for their lots, and the committee to proceed forthwith on said work, and this meeting is ad- journed to the first Mondy in October, at eight of the clock in the morning in order for drawing said lots."
"EAST GREENWICH October, 1711. Voted, whereas Benjamin Spencer, Henry Sweet, Henry Mattison, Thomas Mattison, Henry Straight Jr., John Carpenter, being freemen of this town of East Greenwich, and being settled upon part of several farms, and not having a whole propriety, the proprietors do hereby allow, each of the said persons to draw each of them a lot in our new town equal as if they were proprietors.
" Voted, That each person that draws his lot in said Town shall pay nine pence towards the charge of survey- ing said town the lots being made and put into the cap in order for draught.
" Voted, That no person having a lot adjoining the sea, shall improve any further than the line drawn upon the plat, but that they shall leave twenty feet for a street or highway for the convenience and benefit of all the rest of inhabitants of said town."
These committee lots, as they were called, were all on the east side of Main street, commencing at the old Rhode
33
EARLY LEGISLATION.
Island Central Bank Building, at the north end of the vil- lage, and extending south to London street, at the house then belonging to John Heath, now belonging to Manly Bateman. All the land within that square, extending to the harbor, was divided alternately into town lots and committee lots, each lot containing. one-fifth of an acre.
" Voted, That whereas several proprietors have not yet drawn their lots, we do order that, if the proprietors do not come to the quarter meeting next in this town, on the 10th instant, or to the clerk of the proprietors, and draw their said lots, that then the committee shall proceed to dispose of the lots, to such persons as will build according to former order ; that is to say, the committee may proceed as above expressed after the first of November next.
" The bill of charge for laying out of the lots adjoining to the water side is as follows ;
"To Malachi Rhodes, Surveyor 4 1-2 days at 6 shillings per day. 1, 7.0 £ sd
" Thomas Nichols, 4 1-2 days at three shillings. ,13.6
" John Spencer, 4 1-2 days at three shillings and for enter- taining the surveyors. ,10.6
" William Bennett, 3 1-2 days at three shillings. ,15.6
" Peleg Spencer, 3 1-2 days at three shillings and for calling the surveyors .. ,16.6
" David Vaughn, 4 1-2 days at three shillings. ,13.6
£4,16.0
" We, the committee, do order that whosoever shall take one of the above said lots, shall pay the Committee one shilling for the laying out one lot, and shall build a dwell- ing house, on said lot, of fourteen foot square, with a stone or brick chimney to said house, the house to be nine foot between joints, and to be no less, and as much higher as they who build on said lot see cause, and said house to be finished within two years and six months from taking up said lot or lots, and if any person shall neglect or refuse to build as above expressed they shall forfeit said lots to the proprietors of said town."
" EAST GREENWICH, June 27th, 1715. Voted and ordered that the committee proceed to procure a surveyor to draw a plat and perfect the work that Mr. Malachi Rhodes hath begun, and to lay down all the divisions upon the same, and that the committee and surveyor proceed to run Warwick south line and notify the proprietors of Warwick to joine with them if they see fit, so that we may proceed to lay out the rest of our purchase according to our next meeting; and
3
34
HISTORY OF EAST GREENWICH.
this meeting is adjourned until the last meeting in June next to the house of Mrs. Mary Carder's in Warwick.
" Ordered, that John Mashoon, shall have forty-five acres" of land that is laid out upon the plat, provided he pay unto Thomas Fry, three pounds, seven shillings and sixpence, for the use of the proprietors, and his receipt shall be a good title to the said Mashoon ; his heirs and assigns forever."
" EAST GREENWICH, June 24th, 1717. Voted that Par- don Tillinghast, John Nichols, and Thomas Spencer are a Committee, to treat and agree with a Committee of the proprietors of Warwick, purchasers if possible, relating to the dividing line between Warwick purchase and ours, and what they or the major part shall do, shall be as binding as if done by the whole proprietors, and when they have agreed, they shall give advice to the other committee and surveyor, to lay out the rest of our purchase.
"Ordered, That the committee and surveyor shall pro- ceed to divide our line, whether they agree or not with the Warwick committee.
"Ordered, That Thomas Fry shall pay to Mr. William Hall for what service he hath performed for ye proprietors, upon his bringing his account and giving his receipt for the same.
" Ordered, That the committee layed out our land shall have the rest of the money that is in Thomas Fry's hands towards their labor, so far as it will extend; and also that Thomas Fry pay Mrs. Carder five shillings.
" Ordered, That the committee and surveyor proceed to lay out the rest of our grant according to former orders. And whereas we are informed that there is several parcels of pitch-pine knots gathered up on our grant without orders, we do hereby order our committec, either to make seizure of what is gathered up, or shall be gathered, or agree with those persons that have gathered them, upon reasonable terms for the whole proprietors in trust, and that there be no more knots gathered either by ourselves, or any others until the land be layed out, that every man may know his own and improve it at his pleasure."
"EAST GREENWICH, December 15th, 1718. Ordered, That our committee that was appointed to treat with a committee of Warwick proprietors concerning the dividing line between us, is hereby continued and empowered to meet and agree, (if possible) with the Warwick committee. But in case they make no agreement between this day and
35
EARLY LEGISLATION.
the first of March next, then our committee and surveyor proceed to divide the rest of our grant and lay it so far north untill it shall meet with a due west line that shall be extended from East Greenwich northwest corner (which is deemed to be seven degrees of the magnall west) to the head of our said grant; and our committee that meets the Warwick committee shall have five shillings each man, each day that they meet and attend the said service, and our committee shall have hereby as full power and authority, them or the major part of them as they had in any of our former orders.
1142584
" Voted and ordered that our committee that is empow- ered to divide our grant, have full power and authority, that if they find any timber cut upon our grant, or any waste made by any persons, they may make seizure of the same, and when recovered, to dispose of the same, for the interest of the whole proprietors."
"EAST GREENWICH, July 19th, 1720. A proprietors meeting called by a warrant from under the hand and seal of Thomas Fry, Justice, and held at the house of An- thony Saddler. Ordered, that Major Greene, Major Brown and Thomas Spencer, be a committee to inspect into the accounts of the proprietors, as well as what is done to or from the said proprietors, and to sell any small bits of land as they think may be best for their interest.
" Ordered, That whereas there is a certain tract of land lying in our above mentioned grant, containing sixty acres more or less adjoining to the land of William Cass, as it lyeth in the plat drawn by William Hall, and the said pro- prictors having sold the said tract of land unto the above mentioned William Cass, for and in consideration of twenty pounds in hand received by said proprietors ;
" Ordered, That whereas there is a small tract of land containing twenty-four acres, lying westward and adjoining to the farm No. 18, on the first division, which said twenty- four acres of land the proprietors have sold in considera- tion of forty shillings in hand to Mr. Pardon Tillinghast, his heirs and assigns forever.
" Ordered, That whereas there was a warrant granted, and cedar and other things seized, and our committee hav- ing agreed with several persons that have trespassed upon our property, the proprietors do hereby authorize the said committee to take all lawful means, to receive the money that they have agreed for with said persons, and all other
36
HISTORY OF EAST GREENWICH.
persons that hath tresspassed upon the said proprietors, to sue and implead in as full and ample manner as if the whole proprietors were present."
From the Council Records, February 14th, 1721 :
" Whereas the town council hath been informed that several persons residing within our jurisdiction doth give themselves so great a latitude to drinking, to that degree that it is likely that they may bring themselves and their families to poverty and so become chargeable to the town; for the preventing whereof it was thought good to give out this admonition, that if there should be any such persons . within this town that they take warning, and let the time past suffice, and refrain from all evil practices for the future, as they will expect to answer the contrary at the utmost pen- alty of the law shall inflict, and that all retailers take no- tice hereby to square themselves by the laws of this colony relating to their duty in selling and keeping good order therein, and that all housekeepers and heads of families do order their children and servants upon the first day of the week to repair to some place for the worship of God, or otherwise to keep in their own houses, and that the Clarke of the council transcribe copies thereof and sign them as Clarke of the council and post them up in the taverns and alehouses in the town."
Here is the first hint of a temperance movement, and according to the above record, East Greenwich was among the first towns in the Colony to suppress the evils of intem- perance.
At a "Quarter meeting " held at the house of Thomas Nichols, January 12th, 1725, John Spencer was elected Moderator, James Reynolds was chosen grand Juryman to attend the next general court of tryals to be held for ye colony the following March, in the Colony House at New- port, within and for said colony ; and William Spencer and John Nichols petty Jurymen at the same court.
It was voted at this meeting that two pounds should be set up in the town; one to be set in the place where the old one stood, and the other in some convenient place at or near Joseph Hopkins'. Each pound was ordered to be built thirty feet square. Thomas Nichols was to build one and Ishmael Spink the other, for which each was to receive three pounds ten shillings. At the same meeting it was
37
EARLY LEGISLATION.
ordered that a pair of stocks and whipping post be set up in the town, at or near Thomas Nichols' house. That Par- don Tillinghast build them in workmanlike manner, and set them up by the next quarter meeting.
A petition was presented to the meeting from committees in North Kingstown and South Kingstown relative to the building of an almshouse for the Colony, on which a com- mittee of conference, consisting of Thomas Fry, John Spencer and Pardon Tillinghast, was appointed to report at the next meeting of the town. The committees of the three towns met, and with what success may be learned from the East Greenwich committee at the next meeting. Their report read as follows : ·
" That the said petition is disallowed off."
" November 6th, 1725. We the committee appointed for the laying out the small lots adjoining the water side, have upon consideration left a piece of land for building vessels, and said land lieth to the southward of the lots numbered 124 and 125, and eastward down to the sea, and southwestwardly bounded by a highway ; and said land by estimation is one quarter and one half quarter of an acre of land, and Robert Estes, of the town of Portsmouth, ship carpenter, presents to improve said land, and we the committee do grant the said land to the said Robert Estes, always provided the said Robert Estes, his heirs and assigns shall at any time hereafter neglect or refuse to improve said land, as is above expressed, then said land is to return to the Proprietors.
" Ordered by the committee that - henceforward, whoso- ever shall take up any of the lots, shall pay five shillings for said lots, and build on the lot in one year and eight months, and upon neglect to build on said lot according to order, shall forfeit said lot."
" EAST GREENWICH, March 11th, 1726. Clement Weaver appeared at said meeting and desired of the committee a lot for a meeting house to be built upon, and the said Weaver is allowed to take lot No. 54."
At a quarter meeting, July 13th, 1726, John Spencer proposed that he have thirty shillings out of the town treasury to pay for the making of a plat of the city lots in this town, which proposition was granted. At the same time William Hall was appointed to draw plats of all the land in Old Greenwich and the new purchase, and the charge to be paid out of the town treasury,
38
HISTORY OF EAST GREENWICH.
" Sept. 2d, 1727, Whereas it hath been the custom for all persons that did take up lots in said town, that they should build a house of fourteen feet square, and nine foot posts, with a stone or brick chimney to said house, and we the committee, do find a great inconvenience in the proportion of said houses, it is therefore ordered, that whosoever shall from this time forward take any one or more of said lots in this town of East Greenwich, shall build a house of eighteen foot square, and fifteen foot between joints with a stone or brick chimney to the house, on each lot within twenty months from the taking up of each lot."
"EAST GREENWICH, Feb. 17th, 1729, Whereas the com- mittee having made their return of the sale of several par- cels of our undivided land and the proprietors will accept of what they have done in the premises, and continue then to make sale of the rest of our undivided land in said pur- chase, and that they pay the reasonable charge that hath accrued thereon out of the money they have received, and to make their return at our next meeting."
"EAST GREENWICH, May 29th, 1729, Voted and ordered the committee's grant to Robert Estes, and his heirs and assigns forever, concerning the ship building yard in this town we order that the word forever be erased, and the rest of the grant is hereby confirmed until the proprietors shall take further orders concerning said ship building yard.
" Voted and ordered, That the persons hereafter named be a committee to make a division of all of our land in our purchase westward of East Greenwich, above said that is not yet divided, and to employ a surveyor if need require, or if they, the said committee think it will be most to the proprietors' advantage, to sell all or any part of the said land, it is their election to do which they please.
" Ordered, That whereas there are several small swamp lots that doth not yet extend to the colony line, the pro- prietors do order that the said lots shall extend to the said line, they paying to the committee for the same five shil- lings per acre for the addition."
" EAST GREENWICH, March 24th, 1730, Voted and ordered, that Capt. Benjamin Greene of Warwick, and Thomas Fry and Thomas Spencer, both of East Greenwich, are appointed to appear at the next General Assembly to be held at Newport, in May next, then and there to defend the proprietors' interests, in a certain tract of land mentioned
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EARLY LEGISLATION.
in one deed made by the Colony to several persons in East Greenwich and to employ one attorney or more if need re- quire, and to act, and do any matter or thing that they may consider shall be most for the proprietors' interest or to the settling of peace and unity in the Colony, and a copy of this order under the proprietors' clerk's hand shall be their suffi- cient warrant for so doing."
" May 29th, 1730. That whereas Thomas Fry having taken up the lot No. 27, and having erected a wharf and wherehouse thereon, which is the condition that the said lot was granted upon, therefore the proprietors do hereby make the said lot a good estate in fee simple unto the said Thomas Fry and to his heirs and assigns forever.
" Voted, That the proprietors and inhabitants of the town are granted liberty to build a school house upon the southeast part of the land that was allowed for a Town House, which said land lyeth between John Coggeshall's lot and John Nichols' lot as it appears on the plat."
" March 25th, 1734. Voted, that whereas the proprictors are desirous to exchange six lots that are laid out for room for a burying place, and in lieu thereof to lay out several water lots in the room of them, and whereas one of the lots proposed to be exchanged, belongs to Thomas Fry, and in lieu he shall have the liberty to take the choice of the lots that shall be laid out, and the present committee to proceed to exchange the said lots upon the shore according to their discretion for the best conveniency, for the accommodation, and for the promotion of our town; and the lots so ex- changed with the other land that they decide. for a burial place, shall be and shall remain a burial place forever; and whereas there is a piece of land where the schoolhouse stands that was left for the building of a town house for- ever, we order and grant that the said land shall be and remain for no other use, but for building a Town House."
At a meeting July, 1734, an act was made, allowing a bounty of two pence on the killing of all kinds of squirrels, excepting the flying squirrels :
"August 28th, 1741, Whereas we, Pardon Tillinghast, Thomas Fry, and Thomas Spencer, were appointed a com- mittee for the proprietors at a meeting held in East Green- wich July 29th, 1741, as may appear by the records of said meeting, to examine the records of said meeting of the pro- prietors and the proceedings of the standing committees
40
HISTORY OF EAST GREENWICH.
persons qualified to take up lots in that part of the town, that were appointed to manage the said affairs in letting and laid out into house lots in order for making, building and erecting a compact town or village; and also to see what power or authority the said standing committee had relating to the premises, and to examine the mismanage- ment and illegal proceedings of said committee, and to lay before the said proprietors at their next meeting upon adjournment, an act or order for the amendation of the said illegal proceedings of the committee and also how and in what manner the said standing committee may proceed for the future : We the above named persons, having ex- amined the above mentioned proceedings, and we, by the records of the proprietors, find that the said committee had no power to do any thing with said lots but to license quali- fied persons to take up said lots to build one house on of such dimensions and within such a time as may appear by said records, and the said committee never had any power to sell or exchange or otherwise dispose of said lots, only to give leave for the taking up to build a dwelling house upon as aforesaid; we find that at a meeting of the said proprietors committee June 24th, 1738, the said committee did then take upon themselves to exchange the lot No. 101 for the lot No. 213, with James Reynolds, Jr., hath set a stable on the said lot No. 99, notwithstanding he was for- bid by Jeremiah Pearce, one of the said committee from setting up the said stable before he had set it up he was fore- warned by said Peirce not to do it, for remedy whercof we, the said proprietors of said land, do hereby order, and em- power our said committee to warn the said James Reynolds to remove what buildings he hath on said lot, off from said lot, within two months from the date hereof, and in case he, the said Reynolds, shall neglect or refuse so to do, then the said committee are hereby empowered to take all lawful means to recover said lands off his hands."
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