USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 3 > Part 4
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1Town Council Book I, p. 10.
2Ibid, p. 46, Jan. 10, 1763.
SAYLES HOUSE, SITUATED ON SAYLES HILL, NORTH SMITHFIELD, R. I. ERECTED ABOUT 1680. THE HOME OF RICHARD SAYLES, THE FIRST TOWN CLERK OF SMITHFIELD IN 1730.
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
1st, 1663-64, it was "Resoulved by this Assembly, That the Governor and deputy Governor be desired to send to Bloek Iland to deelare unto our frends the inhabitants thereof, that they are vnder our eare, and that they admitt not of any other to beare rule over them but the power of this Collony". The inhabitants were desirous of knowing the will of the Colony and in response to their petition "the Court doe apoynt Mr. Roger Williams, Mr. Thomas Olnye, and Joseph Torrey to draw vp ther thoughts to eommitt to the farther aprobation or eorreeting, as commissionating them in poynt of preservation of his Majestyes peaee ther". At the May session of 1664 they sent a letter in regard to the affairs at the Island and deelare "It is therefore thought fitt and neees- sary by this Generall Assembly to settle and establish a way and order (vntill farther order be taken) of presarving the King's Majestyes peace, and of administering his equall justiee vnto all his loyall sub- jeets vpon the Iland aforesayd, for the honour of his Majesty and the bennifite and comfort of his loving subjeets in such a remote condition.
It is therfore thought fitt by this Generall Assembly by these pres- ents to ordayne and appoynt, that three able and disereate men of the inhabitants aforsayd, whereof James Sands and Thomas Terry shall be two, who are hearby impowered to eall the inhabitants together and requier them in his Majestyes name to choose a third ; which three men, or any two of them agreeing, shall have power from time to time to eall the inhabitants together vpon all emergant oeeasions for ther eommon publieke affaires ; as alsoe to grant warrant in his Majestyes name for ther hearing and determining of all eauses not exeeeding the value of fortye shillings; as alsoe to grant an appeal to any parsone grieved with ther sentanee, taking bond for ther proseeutinge ther appeale in his Majestyes Generall Courts of Triall in this Collony, and of satisfy- ing the sentanee and charges therevnto belonging and following; as alsoe in all aetiones of the value of above fortye shillings, it shall be lawfull for, and ineumbant vpon any one of the sayd seleet men, to give forth writt or writts to such as requier the same : for the ataehing the parson or parsones or goods of the parson; which writt shall be served by the Constable that shall be therto requiered, and hee shall take sufficient bond or seeuryty for the defendants appearanee, and answering the plaintiffe at the Generall Court of Trialls holden for this Collony, in which sueh aetiones are to be tryed; and the sayd Constable to make returne of such bonds to the offieer that granted the writt ; as alsoe the plaintiffe and defendant shall to the sayd offieer put in ther deelaration and answer in manner and time as by law is or- dered, and that the sayd offieer eause the sayd bonds, deelaration and answer to be returned to the Generall Reeorder, at or before the Court to which they referr : and in all eriminal eauses the sayd three men or any two of them agreeing, are hearby impowered to grant forth war- rants, and to eause to be brought before them any of the inhabitants
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
there abiding, or strangers amongst them, complaining or complayned of, as they see cause vpon examination to bind over such parson or parsones to answer at the Generall Court of Trialles to be held in his Majestyes name from time to time in this Collony". Thus the little group on the Island were granted extensive privileges. James Sands and Joseph Kent, inhabitants of the Island and freemen of the colony, having petitioned that seventeen others be admitted, "being demanded if they the sayd James Sands and Joseph Kent did know that all the forenamed parsones weare men of peaccable and good behaviour, and lyckly to prove worthy and helpfull members of the Collony, they ans- wered yea : whereupon the Court, on caution and instructiones given to the sayd petitioners, have accepted and admitted all the sayd inhab- itants aforementioned, to be free of this sayd Colony, or soe many of them as shall give vnder ther hands in writing, according to the in- structions given aforementioned, excepting only for the presant, Mr. Hugh Williams, concearning whom the Court desier, that before hee be admitted into the sayd freedom of the Collony, hee doe repaire by the first convenient opportunity vnto the Court, or to the Governor, dep- uty Governor, and Assistants, of Newport and Portsmouth ; or to such of the sayd Assistants as with the Governor and deputy Governor doe assemble at such a meeting, when the forenamed Hugh Williams is expected to give satisfaction, or make at least vnto certaine matters that some months since have ben or declared or reported vnto the Governor, deputy Governor, &c., concearning some words vsed or expresed, tending to the reproach or scandall of this goverment ; and vpon the hearing of the sayd Mr. Hugh Williams, and his giving or making answer satisfactory in, and concearning the premises vnto the Governor, deputy Governor, &c., they are requested to accept and admitt him a freeman of this sayd Collony; they seeing cause soe to doe ; and such as are admitted, ther names are to be returned, and in order as admitted". Thusseriously did the General Assembly care for its dig- nity and privileges. The following year in 1665 the General Assembly again considers the condition of the Islanders with leniency, as shown in the record, "The Court having taken cognizence of some sent as depu- tyes from Block Island to sitt in Court, they having had incorradg- ment from this government that such priviledges they might expect if they followed the instructiones given them by the Assembly in order to legall and orderly proceedings therein : in which matters there hath been some neglect on their parts at Block Island, in some circum- stances, the which is by them owned to be a failing only of ignorance, having not had any experiance of the manner of proceeding in this jurisdiction, haveing mostly lived in other places where the proceed- ings differ somewhat from this; and they desiring that their weakness may be rather covered than too sevearly noted, soe far as to hinder the expectation of the inhabitants, which may hazard their state, if their
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
deputyes be not admitted, considering the very great straights that doe atend them in that desolate place, for want of counsell and advise how to demeane themselves respecting some late changes happening as to the tenure of their possessiones, and difficulty of being acquainted with the manner of proceedings in this Collony, by reason of the remoteness from and danger in repairing to these parts, all of which may very happily be remedied ; and they probablye relieved and better informed if admitted by the deputyes to consult with and receive advice in the Generall Assembly. They furthermore promise they will not take incorradgment to neglect sueh orders as are given them by being now overlooked, but will more studiouesly mind to vnderstand and take care to follow the instructiones given them by the Court. Thereupon the Court declare and order, that Block Island freemen, hearafter following the orders given them as aforesaid, in due proceedings in electiones and meetings orderly called and manadged, shall have the liberty from time to time to send one or two deputyes to the said Assemblyes if they see cause."
At length in November, 1672, the town was incorporated under the name of New Shoreham. Byits charter it received authority to elect two "Wardens", a "head Warden", and a "Deputy Warden", who with "three wise, honest men" whom the freemen of the Island might choose, should constitute "the Town Councill, to have like authority as other Towne Councills have". These "three wise, honest men" were at first called Assistant Wardens and sometimes "First Towns- man, Second Townsman", etc. The town naturally did not grow very rapidly. Only twenty-seven names appear on the list of freemen in 1678, and twelve years later only twelve names have been added to the list. The government of the Island was often little dependent upon that of the Colony in early days and sometimes performed func- tions regarded in other towns as belonging to the general government. This was particularly true when on August 14, 1779, while cut off from the main land by the disturbances of the Revolutionary War they passed the following regulations : "First, That two assistant wardens be elected, and to have the same power as the head warden formerly had-the three to transcend the town charter, in judging of actions involving more than 'forty shillings', and also in deciding upon crim- inal actions.
"Second : That said wardens be a civil court to determine all civil and criminal actions without appeal ; and in trials for life said wardens to summon to sit with them six freeholders, making a court of nine, a majority of whom made the decision final, without appeal.
"Third : Said freeholders to be finable £20 each for absence.
"Fourth : That said court be guided by State laws as far as possi- ble, except in trial for life, in which case proceedings were to be 'ac- cording to law and evidence.'
3-3
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
"Fifth: When there were no laws to guide the wardens they were to act according to the best of their knowledge of the laws of the land.''1
This development of the town of Block Island is important from the fact that that other island town of Jamestown was incorporated as Quononoqutt "with the like priviledges and libertyes granted New Shorcham."
In the town of Jamestown before the incorporation the landholders had organized a sort of governing committee. The Charter of incor- poration of Jamestown, as that of Block Island, outlined the system somewhat fully. This contained a provision that "to the Wardens shall be aded four men to make up a Town Counsell". These with the other officers were to be elected "by the Major part of the said Pro- prietors", or according as the somewhat obliterated Jamestown records state they were to elect and engage a "Cleark" who was to "Record in a Booke or Bookes, all the acts of the freemen in their town-And to Land and bounds thereof, And publications of Marriages to be re- turned to him by the publishers-All Marriages, All births, All Burialls, All actions to be there Commenced & the progress thereof And to make such returnes to the assemblys and corts of Trialls of this Collony as need shall require and the Lawes injoyne such Clearke to performe, And to purforme all and Every other thing pertaining to ( ) Office of a Towne Clerke of this Collony though not here in Exprest, And that the said freemen att the said Meeting, or the Major part of them Meett doe Chouse four honnist wise men to be aded to the Wardens for a Towne Councell to have Like athorety as other Towne Councells have. And that the said freemen Or the Major part of them Meett at the said Meeting shall Elect a Treasure if they see Cause, who sh ( ) Have Like Athorety as other Towne Treasurers have, And that the said ffreemen or Major part of Them Meett, one the said Elective days shall Elect two Connstables, or more if Need require, For the aprihention of Breakers of the peace, wandring parsons, ffellows, And to doe any other thing pertaining to the office of a Connstable, And that the said freemen or the Major part of them on the said Election days shall Elect a sargant for the Collinge the said freemen to Meet- ings by the f( ) writts, and to serve other Writts and shall be En- gaged to the ffaithful performance of his office By the Wardens or one of them, But for as much ; as it is Just that all men as well meane ( ) Should be saved harmeless in there Estates, as richmen in there great Estates, and that the Ch( ) to obtaine a Litle should not be a grate Charge, nor forsed to obtaine their owne Undertake soe great Trouble and Charge as to Come to the Generall Corts of Tryalls; which by reson of dist( ) By sea many times cannot come because of hender-
1Livermore, History of Block Island, p. 238.
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
ance many wayes ; It is therefore ordered Enacted hereby that the said Wardens shall have Authorety when Need shall require in the said Town to hol( ) Pleass of actions of Account debt ( ) Detainure Trespass and of the Case, to the Vallue of five pounds starl( ) Of New England Mony or five pounds Current pay of this Collony with or to the Marchants Ar( ) Not above, And to proceed in the said ac- tions according to the Lawes of his Majties Rhelme of En( ) soe farr as the Constitutions of the place will admitt, And according to due forme of Law ( ) Collony agreeable thereto; And the said Pleass to be held on Either of the said four quarter Meetings Before Mentioned,
LIPPIT HOUSE, OLD WARWICK, ERECTED ABOUT 1715.
The residence of Jeremiah Lippitt, town clerk for thirty-three years previous to 1776 ; a famous gathering place of the people of Warwick previous to the Revolution.
And on the adjournment of Either of them, Or on any other time of Necessety By reason of Dangers and staingers that may hapen there- to be. The time to be appinted by the Wardens. And that the actions shall be tryed by twelve honnest Impartiall men there not of ( ) to plantiff or defendant or Intrested in that case they that are Jurirous and Least suspected, And any Jurioure be Chiallinged by plaintife or defendant for the said reasons shall have his said Challenges of favour therein, And all the inhabitants shall answare by summons And the feese of each Jury man to be but sixpence in the said cases Never the Less apeals to be allowed as the Law is And each writt six pence, And the serveing of it six pence, and for serveing of the Execution twelve
1146739
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
( ) Upon the pound for that delivered to the party by Execution, as alsoe suteable allowance for Travill to be Cost of Court, Also farther be it provided that all greater sums shall be Tryed in the Generll Cort of Tryalls and bound thereto by the defendants bond to the Serjant there whoc is to be ( ) the Law of this Collony the generall Serjants Deputy, ffurther more bec it provided for his Maj( ) Peace that the said Wardens shall have the Conservation thercof in and throughout the said Town And shall have athorety as Justices of the peace to require before them or Either of them in the absence of the other all or any parson brakeing the same or suspected for any Crime for Examination and upon witnes of the guilt thercof, to Imprison or bind over the party ( ) To the generall Cort of Tryalls; as Law and Jus- tice requires ; and returne there proceedings to the said ( ) And ffur- ther that the said Wardens or either of them shall have athorety for publications of parsons Inten ( ) Declared to them of Marriages de- sireing it to be published, and all Marriages there to be Solemnized ( ) The said Wardens or either of them, and to make returne to the Towne Clerke for Memorrial of Lawful Marriages as Many Cases may require, And further more provided that all such part( ) As shall for the future be made free of the said James Towne and desired to be made freemen of ( ) Such said men being maid free by the generall assembly, shall have and Injoy all Libertys in and ( ) Elections as the present freemen of the said Towne have.''1
The colonists always interpret liberally the clauses of their charters. empowering them to elect town officers. The numbers vary as well as the titles. Sometimes the towns ask permission of the legislature to change the number or titles of officers, sometimes the towns seem to act without authority other than that drawn from general provisions. Block Island proceeds deliberately in 1738 and the legislative records. show that "Whereas, sundry inhabitants of the town of New Shore- ham in this county of Newport, did, by petition, set forth to this Assembly, the ill conveniences attending there being but two wardens in town ;-
It is therefore voted and enacted, that there shall be two more war- dens added to the town of New Shoreham, to be chosen in the same manner as heretofore had been customary, according to their charter."
A law of May 1, 1666, enacted "That Each Town Shall Appoint a day of Election of Town Officers and there Shall be chosen in Each Town Six men of Quality to Sit wth ye Assistants or Iustices in ye Town Concerning ye Probate of wills & Granting Licenses : Each Town Shall Also Chose there town Clarke Town Treasurour Town Serjtt Con- stables Overseers of ye Poor highway warders viewers of fences Town Packer Sealer of weight & measures & all other officers yt ye towns may
Town Proprietors' Records, vol. i, Town of Jamestown, p. 33.
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
have Occasion for"; also "That upon any Occasion for A Coroner one of ye Assistants or Justices in ye Town yt is nearest where any Such occasion Shall be Shall Performe the Office of A Coroner". This same law prescribed the duty of the fence viewers as follows: "That all Lands yt belong unto the Severll Proprietors in the Colony & to any Other Person not Inhabiting Within the Colony After Laid out into Townships or Farmes and are Adioyning Each mans land to Another & being by them Settled & under Improvemt Shall duely and truely be maintained one ye one halfe of the Fence Adjoyning Agains this Neighbour and ye Other part wch Shall be by them Proportioned & If any Person through malice or Strife Shall So refuse so to doe & will not Divide ye Fence nor Repair One Reasonable part or If he Dotlı Agree & Divide the Line & will not then Repair & maintain A Suffi- cient Fence According to Law then ye person Agrieued Shall have power to Call Two men Uiewers of fences & them to uiew ye Fence, or fences & afterwards hire men to Repair ye Fence or fences & then give an accott of his Disburstments on ye Same fences Attested before any Justice of ye Peace in ye Town wch So Done ye Town Clerk of ye Town Shall Send forth A warrant of Distraint to Distraine of ye goods of ye Person to Answer ye Charges o Disburstment bye ye Party wth all Other Costs, & wt So taken to be Apprized by Two Indifferent Persons Chosen & If any ouer-plus to be returned Again & It is further to be Understood this Act Shall Extend as well to any ffences by any Ten- nant to perform ye Act as If it were Proper Owner of ye Land & any Person Causeing Such fences to be repaired it Shall not give aduan- tage to ye defective perso to take aduantage by any Suit of Trespass Against any person so Secureing himselfe by performing ye Act aboue Enacted made any Act to ye Contrary notwthstanding".1
By an Act of 28th of October, 1677, "ye Inhabitants of Every Re- spective town within this Colony Shall in Each Town Respectively have their Choice or Election of ye military Comanders & Officers". The duties of the sealer of weights and measures were more definitely outlined by the "Generall Assembly Held at Newport May 4th 1698. Whereas there hath been Severall Complaints made to this assembly yt there is much wrong done to the Inhabitants of ye Colony & Dis- couragement of Strangers to deal by Reason yt there is no Stated measures and weights Throughout Each Town in ye Colony & A Sealer Appointed in the Colony Bee it Enacted by the Present Assembly & it is hereby Enacted That there Shall be So many weights & measures Purchased by ye Generll Treasurer of ye Colony as were Ordered by an act of assembly made ye 27th of Octor 1674 & Established to be ye Generll Standarts of this Colony wch measures & weights Shall be According to Boston measures & weights & yt there be one Person Chosen to keep ye weights & measures in ye Town of Newpt wch Shall 1Laws and Acts, Digest, 1705, (19).
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
be Called ye Clerk & Sealer of weights & measures & yt he shall take ye Same Engagement as otlrer Generall officers in this Colony ye Per- son appointed by this assembly until next Election is James Clarke of Newport to perform Said Office & yt Shall have for Cuting & Seal- ing Half Bushels Six pence & Lesser measures three pence Each to be paid by the owners Thereof.
"And it is Enacted by this assembly That Each Town in this Colony Upon their usall days of Election of Town officers Shall Chose one man in Each Town to be A Sealer of Measures & weights who Shall take ye measures & weights from ye sd James Clarke Under ye Seal of ye Anchor Appointed for ye Generll Seal for measures And it is Further Enacted That if any Town Neglect to make choice of Such a person as aforesd at their day of Election of Town officers ye sd Town upon Information of their neglect Shall be presented at ye next Generll Court of Tryalls & yt no person buy nor Sell by no Other measures then Shall be made & Sealed as aforesd any act or Custom to ye Con- trary notwithstanding."
The justices of the peace were given special authority to sit in the town council by a law of 1699 which enacts "yt ye Iustices be fully Impowered & required to Serve in Town Councills for Each Respective Town for wch he was Chosen or dwelleth in & his Authority & Power therein to be Equeall wth the assistants & Select men of sd Towns &c". In some of the towns the surveyors were par- ticularly officers of the proprietors. In 1754 in Cranston there were three "Chosen to judge such Estates as shall be Scrupled whether they have suffitient to quallifie them agreeable to Law."
Besides the regular officers, such as moderators, clerks, treasurers, jurors, sergeants, constables, overseers of the poor, there were chosen in the different towns special officers as the conditions of the times might demand. Among these were surveyors, fence viewers, waywardens, viewers of sheep and cattle, pound keepers, water-bailiffs, sealers of weights and measures, and for a time during the rule of Andros the records of Providence and of the Island show that the English institu- tion of selectmen was imposed upon the colony.1
The following officers now elected in the town of Jamestown will give an idea of the general organization of a town at the present day. The Town in Town Meeting on the first Wednesday in April of each year chooses a Modera- tor, Town Clerk, Five Town Councilmen, (the first two are wardens), Two Town Auditors, Town Treasurer, Town Sergeant, three Auction- eers, one Assessor of taxes for three years, Tax Collector, Corder of Wood, Packers of Fish (2), Pound Keeper, Town Constable, Overseer of the Poor, Fence Viewers (3), one member of School Committee for three years, and three members of the Town's Committee of the James- 1See records 1687 on.
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THE POLITICAL DEVELOPMENT OF THE TOWNS.
town and Newport Ferry Co. The following officers are elected by the Town Council : Road Commissioners (4), Dog Constable, Appraisers of Damage Done by Dogs (3), Bird Constables (3), Coroner for three years, Inspector of Kerosene, Weighers of Cattle, Truant Officer, Health Officer, Inspector of Nuisances, Inspector of Sewers, Constable for enforcing liquor law, Inspector of Buildings, Chief of Police. Most of the towns, however, do not elect wardens at present, though wardens have been chosen from time to time elsewhere than in James- town and New Shoreham, as in Portsmouth from 1657 to 1664.
TOWN MEETINGS.
It is evident that the course of local government was not always a smooth one. Harmony did not always prevail in the town assemblies. The meetings throughout the first century of the existence of the settle- ments seem to have been "rich in debate" when individual interests were under consideration, but it was often difficult to obtain a sufficient attendance to transact business when only general affairs were to be discussed. In all the towns there are provisions for fines in case of non-attendance or in case of lateness. Land questions aroused the spirit of the settlers from time to time. Of these meetings Williams says, "Our peace was like the peace of a man which hath a tertian Ague. Every other day, yea, sometimes every meeting we were all on fire and had a terrible burning fit ready to come to blows about our lines".1 Sometimes in Providence two town meetings were held, each claiming to be the lawful assembly and that its officers should be recog- nized. Apparently in the other towns, as in Providence in 1693, "the moderator was put upon to dissolve the meeting", for at Portsmouth in 1672 it was ordered "That for the future Noe Moderator of the Towne Meeting. Shall presume to desolve Such Meeting without the Major Vote of the Said Meetinge, And if any Moderator Shall from the Meet- ing withdraw him selfe without the leave of the Major part of the Meeting It Shall be in the power of that Meetinge to Elect an other to the place of Moderator and Soe proceed on the affaires of the Towne, for which they were Called and Conveaned."2
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