USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 3 > Part 3
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Under the Charter of 1643-4 and in accordance with an order of 1647 each town of "Providence Plantations" was to elect a Town Council to consist of six men, also to appoint surveyors of the high- ways and military officers and "to provide carefully for the relief of the poor, to maintain the impotent and to employ the able". Of this Town Council, Callender says: "Each town chose a Council of six to manage town affairs, having trial of small cases but with appeal to court of the President and Assistants".2 Lechford says of New Eng- land in general, "every towne almost hath a petie court for small debts and trespasses under twenty shillings",3 and also that "Probates of Testaments and granting of Letters of Administration are made and granted in the generall or great quarter Courts".4 The power of pro- bate resided for a time in the head officer, who, together with the two town deputies and three men chosen by the town, made up the Council. Unlike those towns where the powers of probate resided in the "gen- eral or great quarter Courts", at Providence the Town Council itself was a kind of court of probate in which the assistant was judge. Chief Justice Durfee says, "The town councils of the several towns were from the first courts of probate"." The "Code of 1647" infers that it is the duty of a property-holder to dispose by will of his possessions, and if he fails to do this, the Town Council is to draw up a form of will in accordance with which it is to be divided. This function of the Town Council of Providence seems to have been exceptional. An entry in the town records shows that still other judicial powers were entrusted to the Council. "The Progresse in Law : First all actionabl Cases shall be tried by 6 Townesmen as in ye Nature of a Jury: Yet with ye Libertie of not being Put on Swearing: & these 6 Men to be Pricked downe by ye Town quarterly, & warnd 3 dayes before the Court by ye Seargeant to be ready at ye day & hower appointed Vnder
1Foster, Town Government in Rhode Island, J. H. U. Studies, vol. iv, p. 89.
2 Historical Discourse.
3 Plaine Dealing, p. 25.
4Plaine Dealing, p. 39.
5.Gleanings from Judicial History of R. I., p. 32.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
ye Penaltie of 3s for ye Neglect".1 Occasionally appeals are taken from the Council's decision, and the question is brought before the town meeting. The decisions were sometimes submitted to the town for confirmation.2 Ignorance of the law, in some instances, seems to have been a sufficient ground for acquittal in cases brought before this court.
Besides its judicial powers the Town Council seems, previous to 1663, to have had a general oversight in the care of the poor, to have regulated such military arrangements as the town undertook and to have granted licenses. Through the town deputies the Council was brought into a kind of advisory board for the laying out of lands and highways, and sometimes they considered the advisability of admitting to inhabitation such as had taken up their residence within the town limits. Through the assistant who represented the town in the Gen- eral Assembly, and was ex officio a member of the Town Council, this body was brought into closer relation to the central government and obtained a better knowledge of state affairs. Many matters requiring official action and not of sufficient importance to warrant the calling of a town mecting were left to the Council.
The local government in these early days was in the hands of the freemen and such as they should admit to their number. All the towns provide for the reception of new members. In 1640, the towns upon the Island agreed "that if there shall be anie person found meet for the service of the same, in eyther Plantation ; If ther be no just ex- ception against him, upon orderlie presentation, he shall be received as a freeman thereof". At Providence the regulations in regard to the. exercise of the franchise varied from time to time, though the general tendency was to place a strong emphasis upon the holding of land as a qualification for voting. Land questions occupied a large portion of the attention of the town assemblies.3 At Providence the proprietors. became a distinct class and held meetings apart from those of the free- men in general.4 These proprictors succeeded to the rights to the com- mon lands and made orders in regard to their management and distri- bution.5 Staples says that the proprietors held meetings at Provi- dence as late as 1836.
The grant of a charter to Providence in 1649 and to Warwick at the same time does not seem to have had any particular influence upon the government in either town. This action of the General Assembly was little more than a confirmation of the acts which the town might per- form, as the General Assembly reserved only "power and authoritie so
1Early Records Town Providence, vol. ii, 85.
2Early Records Town Providence, vol. ii, 108.
3 Dorr, R. I. Hist. Coll. ix.
4Staples. Annals, p. 351.
5Moses Brown Papers, March 13, 1722-23.
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
to dispose the generall governmente of that plantation as it stands in reference to the rest of the plantations, as they shall coneeive, from time to time, most eondueing to the generall good of the said planta- tions. ''1
Another eomplieation in addition to the claims of Massachusetts and Plymouth to portions of territory along Narragansett Bay was intro- dueed when in 1651 Coddington obtained a commission from Parlia- ment making him Governor of the Island towns. This separated the towns, and those on the mainland acted together while those on the Island were brought for a time under a new system. Williams and Clarke as representatives of those who desired the union of the towns to continue were sent to England to obtain a confirmation of the early eharter. Their mission was sueeessful and the Charter of 1663 more earefully defined the relations of the general and local governments as well as established with a considerable degree of precision the bound- aries of the colony. The colony was also given its name, whiel so clearly marked the individuality of the towns, "The Governor and Company of the English Collonie of Rhode-Island and Providenee Plantations, in New England, in America". On March 1st, 1663-1664, it was ordered "That each towne is impowered to apoynt a day for eleetion of ther towne offieers, and to elect as to ehouse Towne Counsell men, soe many as to make vp sixe with the Assistants of each towne, as alsoe Clarke, Tresurer, Constable and Sargent; and that the sayed officers shall receive ther ingagement from one of the Assistants" .?
Other orders madein putting into operation the Charter of 1663 show the gradual enlargement of the authority of the general government. Some of the duties formerly performed by strietly loeal officers were now performed by the general officers. The courts established by the eolony for a time assumed some of the functions formerly belonging to the town eourts. Then the growth of general colonial business seems to have more and more oeeupied the attention of the general offieers and the local business was again left to the town offieers. The Town Couneils seem to have gained in importanee and to have taken upon themselves the settlement of sueh questions as were not of suffi- eient gravity to warrant the ealling of a meeting of the town. Before the Charter of 1663, the Town Couneil heard minor eases, had the power of probate, had the oversight of the poor, carried out military arrangements, granted lieenses, and performed many routine duties for which a meeting of the town was not necessary. An inhabitant who thought himself injured eould, however, generally obtain a hear- ing from the town in meeting assembled. After the adoption of the Charter of 1663 the Town Couneil should consist of such a number as
1R. I. Colonial Records, vol. i, p. 214.
2R. I. Colonial Records, vol. ii, p. 27.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
with the Assistants, who were ex officio members, would make up six. At Providence the number was increased to nine in 1681 thus making the town representation double that of the general government.
The Assistants who were ex officio members of the Town Council as well as officers of the general colonial government had certain func- tions which came from this mixed character. They performed the acts of justices of the peace in regard to matters of probate and minor judicial affairs, marriages were celebrated before them, they appointed officers for the maintenance of the general peace, and the Assistants administered the engagement or oath of office to the more important town officers. Here was an "inter mixture" of general and particular officers which the inhabitants of Providence had instructed their rep- resentatives to guard against in 1647. The wisdom of the Providence settlers was acknowledged in the law of 1729 by which this member- ship of the Assistants in the Town Council was discontinued. This custom had made it possible for the Assistants to act upon the same case in both the local and the general body, which was contrary to any sound ideas of government.
TOWN COUNCILS.
Throughout the Colony the Town Councils gradually assumed new functions. Many duties formerly performed in the town meeting were left to the Council. An act of October 28th, 1677, more definitely prescribed the probating of wills: "Whereas by a Law of this Colony in ye Letter thereof in ye Said Law bareing date in ye year 1647 ye Law Saith ye Probat of wills was to be before the head Officer wch sd name in ye sd Law by ye present Constitutions is Extinct & by reason of Differance in Oppinion Probation of wills is deffered & for yt ye thing is as Waity as to make a Will for ye Dead Dying without a Will & ye sd Supposed head Officer may be in his own Case therefore Bee it Enacted yt ye Power of Probation of Wills Shall be in ye Town Counll or majr part of Each to wch it doth belong". Licensing authority is similarly committed to the Town Council and an act of May 5, 1680, provides "That ye Town Counsell of Each Respective town Vilage or Place or majr part of them on Legall Warnings & meeting are hear by authorized to grant Licenses & to Suppress any Person that Shall Sell by Retail as aforesaid without or Contrar To there order & yt ye Offender or Offenders shall be liable to be dealt wth all According to ye Laws of England & Pay for ye first offence a fine of forty Shilings for their Transgression in or as money but in case ye Respective town Councills neglect then two Majestrates Upon Just Complaint are authorized to give license as well as to Suppress those yt disorderly Sell Drink as aforesd any law to ye Contrary hercof in any wise not- withstanding". Cranston seems to have provided for a special session
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
of the Council for this purpose, as on such occasions this phrase occurs, "this being the Day for Granting Licenses to the Tavern Keepers". At a meeting of the Town Council of Jamestown, August 19, 1701, it was "Ordered that the Clerk give Thomas Parker a License to keep a publick house of Entertainment for one whole year from the Date of these presents by paying Seven Shillings and Sixpence to the Clerk of this Counsel and allso giving Compound Bond to keep good Orders in his house, the Clerk to sign & Seal his License by order of the Coun- sel". The Town Councils carry out the wishes of the town as at Portsmouth "June the first :1647. At a towne metinge it is ordered that the towne Councell shall Capittulate with Thomas Gorton aboutc the ferrie & order the rates and all things aboute it either with hime or some other man if he refuse.
The 2i of June 1647
It is ordered and agreed by the towne Counsell accordinge vnto yc order of ye towne mr Sannfford haueing taken ye ferrie ye ( ) ordered as thus followeth that is to say if one man 4d if more 3d apeece for ever horse & great beast 8d apeece for every sheepe goate & hogge & Caulfe 2d apeece and also it is ordered that a boat mr. Sannfford shall provide for ye ferrie with in 15 dayes after ye date hereof & alsoe in convenient tyme to provide a boat suffitient boat for Cattell & alsoe it is ordered that if any man carry any cattell over ye watter to ye mattatu (uth) es bay over ye ferry they shall pay a peny a head every head soe carryed oor to any place that waye".1 The Town Council at Jamestown co-operates with the proprietors and freemen as appears "Att a Meetting of the Town Consell of Jamestown the 5th day of July 1701 Meett att the house of Stephen Remmentun Wee the Present Concill with the proprietors & freemen see grate Necesity for prevent- ing of any parson or parsons belonging to the Town of Kingstown or any other parson or parsons that are Not Conserned In the Iland Caled Duch Island should put over Rames or any other Creatures to prc- didish ye bovesd Town Intrest Wee do hereby Enact and declare that by the thority of the Same Above Exprest that if any parsons what so ever shuld presume to put our sd Iland except them that are Conserned that the sd Creatures that are put on shall be fecth over to the aforesd Town By the athority and Clapt in to the pound and there to Lie tell the Masters of such Creature Redeams them & pays all the Charg that doth arise Any act to the Controary not with Standing Daved Green & Stephen Remingtun are the two parsons apointed to see if any thing be put on ye sd Iland & if there bce they are to Make return to the Justices or Wardens of sd Town That there may be sum spedy care taken that such offender may be delt with According to Law."
1Records of the Town of Portsmouth, p. 34.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
The powers of the town council were outlined in another respect by the legislature, October 5th, 1682: "Voted, Whereas it hath been motioned in this Assembly by some of the Deputys of the towne of Providence, that they would please to give their result how far the power of a Towne Councill doth or may extend to the rejection of any person or persons, that may come into any towne or place in this Collony.
In answer thereunto, wec doe declare, that it is in the power of any Towne Councill as aforcsaid, to reject any person, although a free dennison, unless sufficient bond be tendered and given by the party being called before them, according as the major part of the Councill shall judge mect ; but in case the major part of the Councill see cause to warne any such person or persons to depart the towne by such a time as they shall prefix, and he, she or they neglect or refuse soe to depart, then the Governor, Deputy Governor, or any Assistant, War- den, or Conservator, living in or neer said towne or place, upon re- quest, shall grant forth their warrant to the Constable to remove him or them out of the towne or place. But if notwithstanding this he, she or they shall presume to returne againe without leave as aforesaid, they shall pay a fine at the discretion of the major part of the Councill, not exceeding five pounds ; or in default thereof, suffer punishment, not exceeding twenty stripes for his or their contempt; and as often as they doe returne after warning, this to be executed without wager of law, and to be executed by a warrant from any of the Justices, War- dens, or Conservators aforesaid, according to the times appointed in the warrant ; any law to the contrary hereof, notwithstanding". In 1737 an act was passed enabling town councils of the several towns to receive or reject any persons from being inhabitants of the same.
The town councils acted as boards of health and in 1748 their duties in regard to small-pox cases were enumerated much in detail even to granting "permission for inoculation for small-pox". The fear of the spread of small-pox led to vigorous action in various towns, of which the careful provision for a case in 1760 is an example : "Where- as due proofs hath this Day been made to us the said Town Council that Abraham Lockwood now Residing in Said Cranston is now break- ing out and lies Sick with the Small Pox at the Now Dwelling House of Mr. Josiah Westcot in Said Cranston who is likely to Suffer for want of Some proper Persons to nurse and Loock after the Said Abraham if proper Care be not Emeideatly taken where upon this Council do vote order appoint & requier Peleg Westcot of said Cranston Labour upon notice here of Emeadieatly or as Soon as Possable to repair to the afd house and there take upon him with Such others as shall be appointed by this Council the burthen of Nursing and Loocking after the Said Abraham Lockwood and further to use the utmost of his Skill and abillity to hinde and Stop the Said Enfetion Spreding any farther."
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
"Dec. 12, 1760.
"This Council do Vote order and require John Dyer of said Crans- ton and he is hereby ordered and requiered forthwith or as Soon as may be at the Corst and Charge of Said Town to procure and provide a Suitcable Box and lodge the Same at Some Conveanant place in Sd Town for the Carreying or removeind Such person or persons that Shall hereafter be taken Sick of the Small Pox to that hous where the afd Abraham Lockwood Now Lys Sick of the Said Small Pox or to Some other Conveinant house as the Council shall Judge proper and Suateable for the nursing and Looking after the Sick".1 The Council was also to have charge of the removal of nuisances.
In the eighteenth century by various acts the council was empowered to lay out highways under certain conditions as shown in the act "That the proprietors of the lands in each and every town in this State, shall lay out suitable, necessary and convenient highways within their re- spective properties, from town to town, and to mills and markets, and generally wherever they may be wanted. And all highways duly laid out and approved by such proprietors, and recorded in their records, shall be good, binding and valid, as though laid out and established in any other manner whatsoever.
Sec. 2. And be it further enacted, That if it be found necessary that other highways be laid out in any town, besides such as have been or shall be laid out by the proprietors as aforesaid, in every such case it shall be lawful for the Town-Council of such town, to order a high- way to be laid out so far, and through such part of the same town, as they may judge necessary."
In 1763 the councils were to make regulation for an as- size of bread.2 The functions of a town council are seen in the range of subjects considered at Cranston from the time of its incor- poration, June 14, 1754, for the balance of the year. Such entries as the following appear in "Town Council Book No. 1. The gift of Thomas Cranston to the Town Called Cranston in the County of Provi- dence 1754. The first Town Council Book for Recording The Pro- ceedings of the Town Council of Cranston; and Registering wills and Inventarys 1754."
"Att a Town Council Held in Cranston in the County of Providence & Colony of Rhode Island to the 7th day of August A. D. 1754."
Present six members.
"An inventory of ye Goods Chattels and Movable Estate of Mr. John Weaver Late of said Cranston in ye County aforesaid yeomen Deceast who Departed this Life July the first In the year above said : Being Exhibited to said Council; was by Them proved and allowed ;
1Book I, Records of Town Meetings, Births, Marriages, Deaths and Ear Marks. Cranston. p. 119.
2Laws of R. I. 1798, p. 380.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
and the widow to whom ye Right of Administration belonged person- ally appeared & Refused to administer : whereupon administration was Granted to Elisha Weaver of said Cranston in ye County afore said yeoman in ye County afore said yeoman Son to the Deceased : and Mr. John Weaver of Westerly in ye County of Kings County and Colony aforesaid yeoman and Mr. Jonathan Weaver of said Cranston appeared his Sureties for his true and faithful administration : who were allowed and Excepted by said Councill Bond Given."
Then follows the inventory and letter of administration.
At a later meeting "Saterday ye 17th Day of this Instant August at the house of Thomas Fenner Junr of sd Cranston Inholder."
"The Town Couneil of Cranston : at this Meeting Seperated Such of ye Inhabitants of said Town as they Judgd quallified to Serve as Juriors at ye Severall Courts in said County annually in order to be put into ye box and Drawn according to Law."
"It is further Determined and ordered by said Couneill : That ye Surveyors of ye Highways Shall Present their severall Destricts already Setled by ye Town Council of Providence to the Town Clerk of Cranston in order to be Recorded and to proceed with ye Same authority as before."
"On September 28th four men were "Lieenced to Keep Publiek ale Houses and Victualing houses for which they all paid £24-0-0."
"It is voated and ordered by the Town Couneil : That one Robert Gray a Late Resident in providenee and Cranston : Should be Sighted to appear before the Town Couneil of sd Cranston at their Next Meet- ing: In order to be Examined ye Reason of his Not Departing said town agreeable to his Repeated Promises."
At the meeting Dee. 25, 1754, "Petetion was preferred to this Coun- eil Signed by Mr. Gideon Comstok for Removing a Highway in sd Cranston Near where ye said Comstock now dweels which was by ye said Couneil Granted and allowed."
"Capt John Dexter of sd Cranston Moved to sd Couneil To have one Jonathan Williams Son to Stephen Williams Decet: an Infant under ye Age of fourteen years : bound unto him apprentiee Till he arrive to ye age of twenty one years for which Service he is free to be obliged to Teach and Instruet him to Read wright and Cypher as far as ye Rule of Three : and to Learn him ye Trade or Mistery of a Cordwiner : and at ye Expiration to Give unto him one New Suit of appariel : be- sids his Every Day appariel : In Consideration whereof ye said agreed ye said Motion should be Granted : and that ye said Jonathan Williams should be bound apprentiee Agreeable to ye Laws of this Colony". Such references as that to the "Mistery of a Cordwiner" suggests mediaeval labor conditions. The councils could admit or exclude as when "Mr. Solomon Ruttenburg Joseph Woodland John Edwards: John Easton an Indian fellow Tim Law alias hager a Molatta Daniel
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
Spywood an Indian & Bette Brown a Squaw all ordered by ye Town Council : To be warned to Depart out of said Town of Cranston and that ye Clerk of ye Council Grant forth a warrant to ye Town Sergant for ye purpose aforesd". The Council could also certify the legal residence of inhabitants as on March 3, 1755: "Mrs. Phebe Smith widow & Mrs. Wm Carpenter were Granted Certificates one to War- wick & the other to providence: whereby this Council hath acknowl- edged them to be proper Inhabitants of the Town of Cranston".1 They also receive such certificates of legal residence as shown in the form recorded in the following month : "To the Honourable ye Town Council of Cranston in ye County of Providence Held by Adjourn- ment ye 15th Day of April A. D. 1755; I the Subscriber haveing of Late Removed into sd Town of Cranston with an Intent therein to Settle; Do Declare that I was born in ye Town of Rehoboth in the Province of ye Massechusett bay in New England and my Last place of Legal Settlement was in ye Town of Scituate in ye Colony of Rhode Island aforesd : And as to ye Number of my family it is None at pres- ent but my Self. Witness my hand."
"To the Honble Town Council of the Town of Cranston in County of Providence &c Gentll These May Certifie you that we do own and acknowledge Peter Arnold who hath lately Removed from our Town into your Town to dwell to be an Inhabitant of our Town and will at any time hereafter Receive him as Such unless he shall obtain a legal Settlement elsewhere Signed by order of Council this 16th day of June 1755." Sometimes the following was the procedure. Six men "all of said Cranston Personly appeared at this meeting and produced their Sevrial Deeds or titles to their Land in open Town Meeting and was Entered propounded in order to be admitted free".2 Thus the functions of the town councils increased rapidly from the early colo- nial days till at the present time, the simple enumeration of refer- ences to the councils in the late laws of the State covers several pages of the index. The powers range from such as above mentioned to the regulation of the licensing of dogs.
TOWN OFFICERS.
In some of the sections later incorporated as towns there had earlier grown up forms of control of local affairs. This was the case in those sections which had been outside the limits of existing towns. Block Islanders had been a law unto themselves from the time of settlement in 1662 until they received their charter ten years later. Indeed they were at first in doubt whether they were within the jurisdiction of Rhode Island or of Massachusetts. The Rhode Island authorities desired to put them at rest on that subject and at the session of March
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