USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. III, 1600s > Part 4
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Samuell Bennett put in A Bill for the Towne to Sell or give him a small percell of Land lieing between other Land, about the Meadow called Benedicts Meadow and upon the report of Thomas Harris that the Land is a Barren peece, and a small nooke, Jt is ordred that the Said Samuell Bennett shall pay Io shillinges for it /
The layers out of the Land of John Smith: (which lieth upon the Eastwardly side of the west River) did this day af- firme that there goeth a high way thorrough the said Land to the meadow that lieth up the Stream called the west Meadow where John Browne, John Smith and James Ashton have Meadow :
Thomas Harris being formerly appoynted to agree with Grigorey Dexter about the high way over the Bridge (called Dexters Bridge.) did this day bring in the agreement: That the high way Through the meadow shall be Two poles Broade ; And Grigorey Dexter [10] is to have a percell of Land lieing by his Meadow side upon a Straight line from one ?t of his Meadow to the other Ute: And further hee is to have te from the highway by his howse side; in breadth from his ffence to the inside of a great Rock lieing north from his ffence, and
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so to be of the same breadth all along to be a little above his orchard as it is now planted : /
m' ffield sold Two Barrills of porke for 71b so that he is to be accountable to the Towne for so much : /
Thomas Harris, Arthur ffenner and John Browne are to runn the line Seaven Miles west from ffoxes hill, and so upon a Straight line north from the End of the Seaven Mile lin|el unto pautuckett River : /
Att A Towne meeting Januarey the 18th : 1663 Thomas Olney Senior moderator :
ffor as much as wyunkeake ffalleth within the 7 mile line which was fixed for a boundes for the Townes first devision; the setling of matters concerning it are refered untill the North lines are runn
Ordred that John whiple senior, Arthur ffenner, and John Browne are to runn the aforsaid north lines, and to doe it be- tweene this, and the last of march next Ensueing
ffor as much as at the last Court there was a percell of land granted to be sold unto Samuell Bennett neere about his mea- dow; But finding a law that the said land is prohibeted; and severall neighbours judging themselves damnified by the pass- ing away the same; Samuell Bennett hath returned the said land againe unto the Towne to lye for a high way : /
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ordred that m' ffield and John Browne shall state A high- way Through Thomas Arnolds ground unto Thomas Harris senior his Meadow ; for Thomas Harris his use : /
rnold ighway to River
ordred that Thomas Arnold leave a Conven- ient high way, two poles wide; from the Towne streete, downe to the river through that peece of ground lieing betweene his dwelling howse, and Stephen Northups house and to take all the Rest, for all the right he bought of Stephen Nor- thup:
Jt is granted unto Thomas Suckling that he may take up his land which he hath yet to take up laieing downe what he hath already taken up [11] about the narrow passage, and to take it up acording to the order of the 25 aker men any former or- der to the contrarey not with standing : /
Jt is granted unto Vallentine Whitman, that he may change his 60 akers of Land lieing at Wanskuck: /
Att A quarter Court January the 27 : 1663 m' William ffield Moderator :
Chosen for deputies, to serve at the Court of deputies, to be held at newport the first Tuesday in march next Ensueing, are Arthur ffenner Zacariah Roades, Thomas Harris Senior, John Browne :
Jt is ordred by this presant Assembly that from this day for- ward there shall not be any more people acomedated with land
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as purchasers within the bounds of this Towne; and that this order be not repealed with out the full consent of the whole number of the purchasers :
Ordred that the line which John Whiple jun': and Epenetus Olney runn from ffoxes Hill, north unto pautuckett River, shall be made Knowne by them unto the Towne; And shall be paid by the Towne 3 :$ a peece
John Whiple, and Epenetus Olney have given in ther re- port concerning the aforsaid line; The Towne accepteth the same to stand according as they have runn it
The north line as it is ruun from ffoxes Hill takes pautuck- ett River at a black oake Tree about the uper End of Robert williams his greatt Lott; the black oake Tree is Marked with, J W, and, E O, Also upon one part of the Tree there is sett the letter, N :
Att A Towne meeting ffeburarey the 27th i663 Tho : Olney sen' moderator
Chosen for Grand jurie men to atend the Court of Trials to be held at newport the second Tuesday in March next En- sueing, are Tho: Harris sen': Zacariah Roades John Browne,
ffor petty jureymen John whiple sen', Robert Colwell Tho: Harris junior :
ffor as much as Stephen Harden hath desired of the Towne a small percell of Land lieing in the high way which lieth be-
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tweene the howse which he now dwelleth in; and the meadow of Roger Williams, and Henry Right: The Towne hath or- dred that Tho : Harris and John Browne shall vew the land and see wheither it may be graunted with out [12] damage to the Highway, and to make Report to the Towne the next Towne Meeting
proclamation hath benn made that Steven harden hath de- sired the aforsaid percell of Land; so that all the purchasers may be presant the next Court to speake unto the matter pro- posed ;
ffor as much as Edward Jnman hath desired to change a peece of Land lieing neere the Towne which was in Lu of a Share of meadow: for a peece of Land lieing by a small Brooke Running into pautuckett River : /
Jt is ordred that in Case it ffall within the Boundes of this Towne | for the first devision : | after all maters are setled with Respect unto our Towne Landes, and boundes ; that Edward Jnman shall have the said Land upon his Exchange: /
Att a Towne meeting March the 28th. i664 Tho: Olney Sen': Moderat":
Vpon the request of Daniell Williams, it is Granted unto him to make use of the high way Lieing betweene m' Sayles Lott, & Jane powers Lott, & upon the same conditions as m' Sailes formerly used the same : /
Tho: Harris sen": and John Browne have made report to the Towne, about the Land which Stephen Hardin desired ;
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They aprehend that hee may have a small cell of Land where he desired it, without damage to the high way : /
dins ant
Ordred that Stephen Hardin shall have a small cell of Land laid out unto him, Where hee pro- posed it, so much as cann be spared without damage to the high ways or wais to meaddowes: /
Jt is ordred that all the ffences in all o' Comon ffeildes wch belong unto this Towne shal be ffenced sufficiently betweene this day, and the 2nd day of Aprill next Ensueing, And who so Ever shall faile in not making up all his fence which is in Gennerall to be made up, shall fforfitt after the rate of 38: 6ª: pole for all the fence that shall be neglected and not made up, & the 38, 6ª ₱ pole as aforsaid shall be taken out of the Es- tates of the sons neglecting the said fence by a warrant from the assistants or any one of the assistants of this Towne to the Cunstable, which Constable shall be one of the vewers of all the ffences together with Tho : Hopkins; And the Con- stable distraining the 38, 6ª ₱ pole as aforsaid, shall with it hire the fence to be done, which is neglected to be made up, and after they who made up the fence are satisfied, & the Con- stable for his owne paines, shall returne the overplvse to the Towne Treasurey, any former Law, or Clause to the Contrarey notwithstanding : /
ordred that no Cattell shall have Libertye to goe into the Comon ffeilds of this Towne after the ninth day of Aprill next Ensueing : /
[13] ffor asmuch as Continuall Complaint Cometh to this Towne Concerning the great abuse that is done | to | the mead-
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owes of men in Gennerall, which is certainely knowne so to be done by Swine Rooting and Digging the said meadowes up, as also the great damage that men sustaine in theire Corne ffeildes Especially about harvest tyme thereby preventing mens Ex- pectation of A Comfortable livelihood by the benifit of theire Labours, and that by the abuse of swine aforsaid.
To prevent such abuse, as also to keepe a loving Corrospond- encie amongst the neighbourhood, & knowing no other way to Efect o' tranquilitye,
Wee have agreed and by these prepentes doe order, and make it a Law to stand in force amongst us, that no swine shall goe upon the Comons of this o' Towne of providence af- ter the Last day of november next Ensueing, and if any swine after the said day prefixed shall be found upon or Comons, or Comon, they shall be forffitt, halfe of the said swine to be to the takers of them up, and the other halfe to belong unto the Treasurey of this Towne; And wee order also that from this presant day, untill the last day of november before speciffied if any hogges, or swine be found upon any mens meadowes, or Corne ffeildes of this Towne within o' seaven miles Line agreed in or Towne Booke that it shall be lawfull for any man to Lugg, or hunt such swine the find upon such meaddowes, or corne ffeild oforsaid, and the owners of the swine so hunted or Lugged shall have no advantage of the Law against any per- son which doth hunt them ; all former Lawes concerning swine being by this repealed, and this to stand in full force and ver- tue; Yett hereby it is not to be understood that if a mans Swine is proved to have brake out of his in closed place where in he Keepes them, they are not Considered fforfitt, nor young sucking Pigges
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Att A Meeting of the Towne, upon or quarter day
Aprill the 27th : j664 : Tho: Olney sen' : Moderat" :
Chosen for Deputies to Serue at the Gennerall Court to be held at Newport the first wedensday in May next Ensueing, are William Carpenter, William Wickenden, Arthur ffenner, Stephen Arnold ; /
Vpon the request of George Way, Jt is Granted unto him by this Towne, that hee may lay downe his, 16 acres of Land, and a percell more lieing by Robert Colwell his land, and his Two pondes with the landes belonging unto him, about them, which lie betweene the aforsaid 16 acres, & moshosick River ; and take up the quantetye of all those Landes, and pondes in Some other place of the Comon, where he shall Thinke it Con- venient : /
[14] Ordred that Zacariah Roades and John Browne shall goe unto the Widow man and to agree with her about what shee oweth the Towne, upon the accountes of William Bur- rowes deceased ; /
Jt is ordred that ffifty Acres of vpland shall be Laid out to Every purchaser of this Towne from the seaven mile line East- wardly, and none to be laid out neerer unto this Towne than three miles from the said line Eastwardly as aforsaid; and Every 25 acre man to have a quarter part so much as a pur- chaser and Every man to take his place as it falleth unto him by pa {s, and none to be laid out untill seaven monthes after this day; and if any man whose turne falles before Others
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neglect or will not take up his Land, it shall not hinder others ; who shall upon his neglect take his place : And it is considred that when wee Come unto the Eastwardly bounde of Wuttia- tions Claime sold unto us then wee are to strike west wardly 7 miles from the North line sett by pautuckett River, and so upon a straight Line to meete with the boundes of Wuttiation aforsaid, and so to be laid out 3 miles East ward as above said; also what meaddow is within this 7 mile line, 3 miles East- wardly as aforsaid shall be laid out by Equall proportion, mak- ing distintion betweene the purchasers, and 25 Acre men; as also what Meaddow is found within the 7 Mile line, (that is to say 3 miles Eastwardly from it as aforsd shall be laid out unto Every man answerable unto his proportion (that is to say the purchasers answerable to theirs, and the 25 Acre men answere- able to theirs ;
Also wee agree, that whoso Ever paies not in theire money which is behind about the Land Cleared, shall both loose his place in Choyce, and also no Land to be laid out unto him, un- till it be satisfied : /
Att A Towne Court of Election, the first Munday in June i664: it being the 6th day of the month, Thomas Olney senior moderato':
Ordred that the first munday in June be the day for Elec- tion of our Towne officers, and that day to Continue yearly : /
Chosen for to make up the Towne Councell, Arthur ffenner, Thomas Haris sen': John Browne : /
ffor Clarke Thomas Olney jun':
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[ 55 ] ffor Constables Shadrach Manton, Epenetus Olney
ffor Serjant George Way :
[15] ffor Treasurer Henry Browne
ffor Surveiors Edward Smith, Thomas Harris jun':
Ordred that Every man in this Towne which hath a Teame shall worke one day worke a yeare with it at the high wayes. And that Every house keeper that hath no teame shall worke 2 dayes a yeare at the high wayes : /
By the order of this Towne of providence, Laid out unto George Way by John Browne | Deputy | upon the 28th day of Aprill, in this presant yeare i664: Thirtie acres of Land be it more or Lesse, it being part upland, and part low Swampie land; Jt lieing upon the west, and Southwest part of Thomas Olney junior his share of meaddow, Called observation mead- dow; Jt Bounding on the north East Corner with an Elme Tree marked on 4 sides, and so to Range westward, unto a great Rock (having a black oake Tree standing by it marked on 4 sides) (the which Rock is the nor west corner Boundes) And so from that Rock to range Southward unto a white oake Tree marked on 4 sides ; (which said Tree is the south west Cornner boundes) And so from the said White Oake Tree to Range South East ward unto a Chessnutt Tree marked on 4 sides (the which Tree is the Boundes of a South Cornner of the said Land) And so to range from the said Chessnutt Tree East ward unto a prettie high Rock, which Standeth upon a
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broad Rock, (the which Rock is the boundes of an Easterne Cornner of the said Land) And from the said Rock to Range northward unto the afornamed Elme Tree: The said Land bounding on the North, on the West, and on the Southward partes with the Common ; And on the Eastward; and North Eastward partes, with the aforsaid Thomas olney jun': his meaddow The said land being laid out unto the said George Way in Lue of severall percells of Landes, and pondes which he the said George Way Laid downe againe unto Common; The wch Exchange, was graunted unto him by this Towne of providence at a Towne Meetting Aprill the 27th: in this pres- ant year i664: The said Land being Laid out by the i8 ffoote pole : /
Att A Towne Meetting October the 3ª, i664: Tho : Olney Sen' : Moderat" :
Chosen for Grand jurie men to attend the Court of Trialls at Newport the 19th of this instant october, are John Throck- morton, Grigorey Dexter; ffor pettie jurie men Anthonie Ev- ernden ; Thomas Burden :
To serve for Deputies, at the Court of Deputies to be held at Newport the 26th of this instant octobr are Grigorie Dexter, John Throckmorton, William Carpenter Zacariah Roades
ffor as much as Thomas Burdin hath desired to Change six acrs of Land: The Bill is reffered untill Thomas Burden hath cleared some scruples concerning the same :
[16] ffor as much as George Way hath desired of the Towne that hee might have i6 acres of Land which hee for-
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merly laid downe; And to take it for 2 yeares wages which the Towne is indebted unto him for serjantshipp; his bill is re- fferred unto the next Court, that all the parchasers may have notice and be presant; Jt is ordred that no man take up the said the said land untill the Townes conclusion be made : /
Jt is ordred that some lines be sent unto the Gen" sergant, and Recorder to certiffie them that the Towne is a taking a Course for the payment of theire Money : /
Jt is granted unto Thomas Olney jun': that hee may inrole his Deede (in o' Towne Booke) which hee had, signed and sealed by George Way, and his Wife : /
ffor as much as John Smith (Miller) hath desired to lay downe a Share of Meaddow lieing upon the West River and take up a share of Meaddow in lue of it at a place called Woo- squadomssett; Jt is granted that he may with this provizo; That in Case it fall not within the Tract of land which was ordred upon the 27th of Aprill last to be devided : or that it be not a percell of Land which Edward Jnman desired, but if there be enough for the said Edward Jnman, and a share be- sides then for the said John Smith to haue a share for the share hee laieth downe
Att A Quarter Court October the 27th : i664 m" John Sailes moderator
ffor as much as there was a Law made March; the 28th in this presant yeare, (to this purpose) that after the last of no- vember next Ensueing that no Swine shall goe upon or Comon. Vpon further Consideration of many inconveniences which are likely to Ensue if that Law should stand in force
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The Towne hath ordred, & by these p'sentes doe order & declare the Said Law to be null, & Repealled : /
Att A Towne Meetting December the i7th: i664 Tho : Olney Sen' Modderat' :
Ordred that a rate of i30"h be levied upon the inhabetantes of this towne, to be payd in Wheat at 48:6ª Bushell, pease 35. 6ª per bushell : porke 31b 108 : ₱ Barrill, or horses, or Cattell Equivolent
The which rate is to discharge for a rate which was Levied upon this Towne at a Gennerall assembley held at Newport Oc- tober the 26: 1664, And also to discharge the Gennerall Re- cord': and Sergant and after they are discharged if there be any overplusse then for that to be returned into the Towne Treasurey
[17] Ordred that 7 men be Chosen to Levie the said rate ; Tho : Olney Sen'. Arthur ffenner ; Edward Jnman Tho : Harris Sen': Henry Browne, John Browne & William Carpenter, are chosen to Levie the abovesaid rate
These 7 men meetting, or any 4 of them Meeting at the tyme which shall be sett, and agreeing shall stand in force,
Jt is ordred that the said men shall meete about the said rate upon the 26 of this instant, and in Case the said men cannott finish the said worke in one day, then for them to meete again speedely as they shall agree upon a tyme amongst themselves untill they have finished the worke : /
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Jt is granted unto Arthur ffenner that hee may have the Meere banke; begining at the corner of his ffence by his now dwelling howse, and so to goe round the poyntes unto a little Creeke or Coave lieing next unto Wachamoquett poynt : and to have it on this Condition : Laieing downe so much land in another place for the Townes use; And also to make Three Stiles, one by his howse, another at the hollow neere Wacha- moquott poynt, and another at the aforsaid Creeke ore Coave And that people May have Libertye to passe Through on foot or upon oCation to Land Goodes upon the said Land ; And this to stand any former Law, or Clause therein to the Con- trarey notwithstanding : /
Att A Towne Meetting, or Quarter Court Januarey the 27th : j664: M' William ffield Moderat :' Ordred that John Whiple senior be sent for, to Conferr with him about Mending the Bridge
Ordred that Tho: Harris sen': & Vallentine Whittman shall goe unto all the inhabetantes of the Towne to see what they will Contribute to the mending the Bridge att Wayboysett
Att A Towne meetting ffeburarey the 22: i664 m' wim ffield moderat" :
Chosen for Deputyes to attend the Court of deputyes to be holden at Newport the 23 : of this instant ffeburary are Will : Haris, Tho: Arnold, Tho: Hopkins Stephen Arnold
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Att a Towne meetting march the 27th i665 Tho: Olney Senior moderator
Jt is ordred that from this day forward that all the high wayes that goe through any ffieldes belonging unto this Towne the ffencing belonging unto the said high ways shall be made upp and maintained by the persons belonging unto the said ffieldes which the high wayes belong unto, and to keepe suffi- cient inlett with Gates or Barres convenient for Cartes to passe Through Excepting the East End of the high way; which lieth in the Towne Old ffield ; which ffencing was by the Towne alotted unto Stukley Westcott to make, and maintaine in lue of the side fence belonging unto his howse Lot
[18] Ordred that all the ffences belonging unto the Comon ffield of this Towne, be sufficiently made up by the Third day of Aprill at night nex Ensueing
Ordred that the neck shall be ffired upon the first day of Aprill nex Ensueing in Case it be a day ffitting to sett it on fire; Jf not, then to take the next day which is ffitting to fire it; the first day of the weeke only Excepted :
Att A Towne meeting March the 31 : 1665 Tho : Olney Senior moderator
This wittnesseth an agreement betweene the Towne of of providence of the one partie, and William ffield, William Har- ris, William Carpenter, Richard Waterman, and Zacariah Roades of pautuxett one the other partie ;
That where as there hath been a difference betweene them about a division of a line betweene som perticular proprietyes
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of those aforesaid men of pautuxett from the Gennerall Comon of the aforsaid Towne of providence
The matter hath benn debated largely betweene both sides and the said differing parties to witt the Townes men of prov- idence, and the said men of pautuxett have vnanimously agreed that the line of difference shall be runn betweene them, from the End of that line already sett betweene the Towne of provi- dence and the men of pautuxett neere unto pauchasett River : and from thence upon a straight line unto a Rock, called Hippsses Rock, which Rock is about 3 quarters of a mile west- ward from the farme howse of Joseph Wise, where Henry ffowlar now liveth ; which howse standeth upon the Hill called Neota- conquonitt ; but if in the running of the said line the said rock shall fall neerer, or further off from the midest way betweene the river called patuxett, and the River called Wanasquatuckett ; then the line shall be fixed in the midest betweene the Two rivers against the said rock and that shall be the line. And if after- ward there shall be any difference betweene the aforsaid parties about dividing the Land which lieth westward from the said Hippsses Rock, betweene the aforsaid Two rivers, then both sides have unanimously agreed to refferr the difference to par- ties chosen Jndifferently by both sides; and as those chosen doe agree, the same shall stand and be firme to Either side: / by order of this Towne; subscribed by me Tho: Olney Junior, Clarke of the Towne of providence in the behalfe of the said Town
[19] Ordred that William Wickenden, Henry Browne, and John Browne shall with William Harris, William Carpen-
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ter, and Zacariah Roades of pautuxett, or with theire Assignes runn the aforsaid line, betweene the Gennerall Comon of this Towne, and pautuxett Land so farr as Hippsses rock and to meete together upon the Ioth day of Aprill next Ensueing, and goe upon the said worke : /
Att A Quarter Court Aprill the 27th i665 : Tho: Olney sen': Modderat' :
Chosen for Deputyes to serve at A Court of Election to be Held at Newport the first Wednsday in May next Ensueing, are William Carpenter, Zacariah Roades, James Ashton, Henry Brown
ffor Grand jurie men to serve at Newport the Eighth of May next at A Court of Trialls, are William Carpenter, Zac- ariah Roades,
ffor petty jury men, Thomas Robertes, James Ashton : /
ffor as much as there hath of Late benn a great neglect in mending & repairing the high wayes of this Towne Jt is there- fore ordred by this presant Assemblye that from this day for- ward Every howse keeper in this Towne shall worke Three dayes in a yeare at the high wayes, in Case the surveiors see that there be neede of so many dayes; and that all those that have Teames; that is 4 oxen, if the sirveiors see there be oca- tion; and they who have but a yoake of oxen to come with them; And in Case that any person shall refuse or neglect coming up on the warning of the surveiors, he shall forffitt 28 6ª for Each days neglect unto the Towne Treasurey : And those who have oxen to forffitt is 6ª for a yoake; And those who neglect to com, or to send one to worke in theire roome,
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shal be taken notice of by the surveiors, theire names taken downe and returned unto any one of the Assistantes, who shall grant forth a warrant to the Cunstable to destraine the fine afor- said ; But if any person neglecting Coming to worke; Either them selves or with oxen; if they Cann Excuse them selves justly Either by sicknesse or there oxen Cannott be found, a sufficient Exscusse satisfactorey to the Assistantes then to be free
Also that the surveiors give the inhabetantes at least 3 dayes notice : /
But if the Sirveiors be found defective in theire office in not warning of people to come to worke, and otherwise looking to theire Charge, then for the said surveiors to forfitt 58 for Each dayes neglect, that is the 3 dayes aforsaid; the which shall be destrained as aforesaid But it is to be minded that the Sirveiors Teames are to goe free
[20] Att A Towne Court of Election June the 5th i665 Tho : Olney Sen' Moderator
Thomas Olney jun' Chosen clarke, Zacariah Roades Treas- urer Thomas Arnold senior, & John Sheldon Counstables George Way Seargant
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