USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVII, 1600s > Part 11
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The Request of your ffrinds
Nathaniell Waterman Thomas ffield (Verso)
Tho : ffield, & watermans Bill to prevent waare house lotts
[ 188 ]
[0609] Thomas Mathuson beeing of full Age and De- posed Acording to Law testeefieth as falloeth that on the fifth day of july in the year i704, that Benjaman Daly Came where I was and said that Thomas Harrs Came to him in the medoe with a Company and a paper of the Deuiels wrighting and wee hitt him two or three slaps and further this Depona|nt| saieth not taken vpon ingagement this tenth day of july i704. beefore mee
William Hopkins Asistant
wee haueing wayed and Concidered the Euidenceis Against you Joseph Dayly Concerning your Abous and Contempt of her Majesties Athority our centence is that you pay A fine | to the queen | of twenty shillings in mony forth with or bee Con- vayed to her Majesties Goale in prouidence and there keept tell the Eleventh day of this instant july i704. Att Eight of the Clock in the morning then to bee stript naked from the wast vpward and tied to the Corner of the Cage and whiped fifteen Lashis
wee hauing wayed all sur Cumstances and Euidences Against you Benjaman Dayly and our sentence is that you pay As a fine to her majestie twelue shillings in mony forthwith or bee sent to her majesties Goal in prouidence and there to bee keept till the Eleventh day of this instant july i704. Att Eight of the Clock in the morning and then to bee stript from the wast vpward and tied to the Corner of the Cage and whipt Eight Lashes
[0610] To James Dexter Town Sarjant Greeting There Are in her Majesties name Anne Ouer England Queen &c To will and requier You to Arest the body of Benjaman Dayly of
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this Town of prouidence and him in safe Custety to keep vnteel hee putt in baiel returnabl Acording to Law to make his personall Aperance beefore A Court of Majestrats held for her Majestie Att the hous of John whipple the i4th. day of this instant july then and their to Answer the sute of Joseph Latham for six shillings Debt and all Dew damidges thare on Arising and and Make return of your proceding to said Court here of fail not Giuen vnder My hand and seal this 4th. day of july 1704 and third year of her Majesties Raign Anne by the Grace of God ouer England Queen &c
William Hopkins Asistant
To James Dexter Town sarjant Greting These Are in her majesties Name Anne | of England | Queen &c To will and requier you To sumons Ensign Thomas Harris and Nicholas Harris Zachariah jones and his wife to make there personall Aperance Att the Afore said Court to Giue Euidence in said Cace Giuen vnder my hand and seal the day and year afore said
William Hopkins Asistant
[0611] To James Dexter Town sarjant Greeting These Are in her Majesties Name Anne by the Grace of God ouer England Queen & To will and Requier you on sight here of to Goe and Arest the body of one Tom chese and him in safe Custety to keep vntill hee put in baiel Returnable Acording to Law to make his personall Aperance Att A Court of Majes- trats To bee held for her Majestie Att the hous of John whipple in prouidence on Tusday the 25th day of this instant july i704 and third yere of her Majesties Raign then and ther to Answer the Complaint of Joseph whipple in An Action of Debt twelue shillings and teen pence and all soe to Answer for suspition
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of steling A silluer Cup here of fail not Giuen vnder my hand and seal this 21th day of july in this year i704.
William Hopkins Asistant
[0612] July | th i4th | then Receuied of Affter fenner twelue shillings in
Samuell Relfe being of full age testifieth & saith
William Randoll junjor being jngaged acording to Law testifieth & saith that Jorge Right wrought with Jacob Ckark about four yeares sence aboute as bout a month & furder saith not
Engaged befour me this 25th [ ] July i704) Joseph williams As[ ]
the Case being Called betwix plantiue & defendant in the Cas betwixt Jorge Righte plantiue & Jacob Clark defendant the defendant Answereth not therf wee Enter a niall discit acording to Law): wee hauing wayed the matter brougt befour V'ss this day betwixt Jorge Right plantif & Jacob Clark de- fendant in an action of debt thenty seuen shillings the defend- a[ ] was silent & answered not therfoure our sentence is that the defendant shall pay Vnto the plantif the 27 shillings sued for and Coste of Count the Cost of Court is of - 1 Is - 6ª
[0613] To the Town Mett vpon adjvrnmt ye 3rd of feb : | 1702|
Genttlemen
These are to desire you to be pleased to Grant me the Quantity of 40 foot square on ye side of ye Bank against ye frount of my | fathers | Lott by ye water side; though ye place there, may not allow of aboue ten foot deep on ye sd Banck :
[ 19] ]
with ye prieuiledg of wharffage &c as hath been useally Granted to others for ye which I shall be Thenkfull unto you,
And Remaine yours to sarue
Daniel Abbot | junr |
(Verso)
To ye Towne mett this 27th of july | 1704 | Genttlemen.
These are to desiar you to be pleasd to order that there may be no lot nor lots granted on wayboset side from mudey bridge to ye pint of wayboset but that it may bee stated Com|on! for Euer
This Bill is Granted ;
Joseph Whipple
[0614] To the Towne Mett. this 27th of july 1704
Genttlemen
These are to desiar you to be pleased to grant me ye quan- tety of 40 foot | of ground | on ye side of ye bank, aganst ye frount of my fathers lot and ye priuelige be longing thare un- tow, and in so doing you would oblidge your freind
Daniel Abbot jun'
[0615] [ ]
To the Towne of Providence met July ye 27th: 1704. Neighbours,
My Request to you is that you would be Pleased to Grant me leave to Exchange about 7 or 8 acres of the land of my ffarme on which I Dwell, takeing it off from one part of my said farme, & to lay it adjoyneing to another part of the sd ffarme, if you will please so to doe, you will greatly pleasure, & Engage him who is your ffriend & Neighbour,
John Malavery. /
25
[ 192 ]
(Verso)
John meleuery his bill
This Bill is granted. /
[0616] Quarter day July 27th 1704. /
Whereas by severall persons of this Towne it was this day proposed to the Towne by bill that the Towne would Make choyce of two persons to inquire of ye inhabitants of Provi- dence, as also of other persons in ye Country to see what they will Contribute to the building of a Bridge from the Towne side of ye salt Water in Providence Towne, begining against ye West End of ye lott whereon Daniell Abbott his dwelling house standeth & so Cross ye Water unto ye hill Called Wayboysett ; ffor that service the Towne have Nominated Gideon Cruffurd & Joseph Whipple (if they see cause to accept it) & to make returne unto ye Towne of their success at ye Quarter day in January next ;
Copped: ₱ Tho: Olney Towne Clerk : /
There was once an ancient
[0617] To the purchisors of prouidence met upon the 27th of July 1704
Gentlemen | wee | suppose that | wee | need not to tel you of the great wont of grass there is amoungst us at this time and wee haue all Ready seene sum disorderly proceding upon our out medows by mowing of them before the day apoynted and the Encrochment made by forinors upon us as is Reported
our Request is | therefore | to the purchisors of said proui- dence that there be sum speddi Care taken about our grass that is neere home as namely the thach that there be a more perfict order made Conocerning the mowing there of that Each
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propriator may peaceably injoy his part and not to be thrust out by a great Company and sum of them haue litel or no Right which may Cause great trubele at this time if not Ceare fully preuented
Joseph williams Asistant Thomas ffenner Justice Samuel Wilkinson Gedion Crauffurd
[0618] Ensign Thomas Harris beeing of ful age and in Gaged Acording to Law testefieth As falloeth that some Time in the winter in the yeare one thousand seuen hundered and three hee herde Benjaman Daily say that hee the said Daily was in Depted to Joseph Latham six shillings and further this Deponant saieth not Taken in Court Nicholas Harris beeing of full age and in Gaged Acording to Law testefieth as falloeth that hee being Att hame Att his own hous the Last spring and Benjaman Daily Came thether and I askeed said Daily whether hee the said Daly was inDebted to Joseph Latham six shillings or not and hee said he was inDebted six shillings to said Latham wee haueing wayed | the matter | brought befour Vss this day
wee see Caues to AJoyrne this Court Vntill the 25th of this instant at the hows of John whipples
The Court is in being
Gorge wright plantiue Jacob Clark Defendant
Joseph Whipple plantiue AGainst one tom chees Defend- ant the said tom Chees hath Confesed jugement As to the Debt
Wher as tom Chess was brought befoure Vss this day in an
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action | of dept | twelue shillings | 10d | which the plantiue m Josph whiple Chargeth him with all the sd defendand Confesed the Charge therfour our sentence is that the defendant shall pay Vnto the plan|i|tue the 128 | 10d | & the Cost of Court
(Recto)
Att A Court of Majestrats held for her majestie this i4th. day of july. i704. Att the hous of John Whipple in prouidence present att said Court
Joseph williames 1 william Hopkins Thomas ffenner justice
Asistan|t|
Joseph Latham plantiue Against Benjeman Dayly Defend- ent in An action of Debt six shillings with all Dew damidgeis
Thomas | Harris jun' | plaintiue in An action of Debt on the balance of a Coumpt one pound four shillings Samuel Dayly Defendant
wee fiend for the plantiue the balence & Coste of Court the plantiue prouided the Defendant will pay to the plaintiue one pound and three shillings and Eight peence by the 24th. day of this instant july i704. then Exeqution shall bee stoped
Joseph Williames Asistant William Hopkins Asistant Thomas ffenner justice
Samuell daly being Conuicted by Law to pay twenty four shilling but on Compliance said daly is to pay Cost of Court and to all att a Cort of majestrats
[0619] providence 31. of august 1704.
To on agrement Betuin James dexter Jnhabitant of this Tovn, and Muturin Alerd Jnhabitant of oxford in New Eng-
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land for a p. s of a land called the dibles hol. belang the sd James dexter consisting in three places, and in all six scors acres ther about. the conditions of the agrement are these.
i that the sd James dexter give the said land to maturn Alard and executers, &c. fo fourtin year withuut ani benefit.
2° that the sd Alard shall have the libertie to breck ani place of the sd land, and clearet and to cote any wood | that | he want for h.s own use without destroyng any timber.
3° that the sd James dexter shall bild upon the sd land a Celer twenty foot long and fourtin w.de w.th a chemoly upon his charges. w.th a floer.
4° that after the sd Time of fourtin year the sd land shall retorne to the sd James dexter his Executors &c :
this not is only memorandum, to serve us till we passe a larger instrument acording to law. and this shall have valu pay which, we declare to be bound one to on other till the sd larger instrument witnes our hand
James Dexter the marck X of maturin alerd
(Verso)
James Angell being of full age testifieth & saith that he heard Richard Scott of providence at severall times, say that he bought of Joshuah Verin his home Lote: & his salt medo of him
taken on jngagement this 28th of may 1705 before me Joseph williams Asistant
[0620] At a Court of majestrats held for her majesty at the hows of John whipples in prouidence this 7th. of jnstant September i704 Joseph trumball Cumplainiunt Against nehe-
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miah shildon defendant for selling of strong Drinck by Retaile Conteray to Law on the third of this jnstant a night: present at sd Court :
william hopkins| Asistant : Joseph williams Asistan|t| Thomas ffenner Justice
wee hauen wayed the Euidenceis and surcumstanceis of the mater by Law Comited vs our centence is that Neamiah Shel- don shall paye as a fine to the Quen twenty and four shillings in mony and that hee remain in Custety till the mony is payed William Hopkins Asistant Joseph williams Asistant Thomas ffenner justice
John olney being of Lawfull age testefieth As falloeth hee being ingaged Acording to Law that hee being Att warwick on the 3ª of this instant I stoped att Nehamyah Sheldons in Company with Joseph troumbel and drink part of a pot of bere which Joseph trombel said hee Called for and I Drink a dram which was filed out of a gill pott
John whipple being of ful age and ingageed acording to Law testefieth and saith that hee beeing in Company with Jo- seph trombel and John Olney att Nehamiah Sheldons hous and I asked said Sheldon for a giell of rum and said Shelldon brought it to mee and I payed him for it and I payed for a pot of bere for Joseph troball to the said Neamyah Sheldon
Joseph Tromball being of ful age and ingaged acording to Law testefieth and saieth that hee being att Neamiah Shell- dons in Company with John Whipple and John olney and I Called for a pot of bere and John whipple Called for a gill of rum and Neamiah Sheldon brought both the rum and the beer and John whipple payed for them both
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[0621] We whos names are here under writen being by the Commonors of prouidence Chosen as a Committe to Con- sider of a more perfet and Equall way for the mowing of | the | thach
We haueing waied the matter and we do find it to bee uery defucalt to make it aney wayes Equall in this ginarall way of mowing we haueing had the opinions of maney of the Com- monors and finding them most for a deuesion so that Each propriator may take his one when it will best sute his ocations -for this Seson
We therefore do order that none but Commonors Shall mow thach for their own | use | upon the Common thach beads - and that | none | Shall begin to mow before it is Low water or nere Low water and wee do further order there Shall but one man mow upon a Right and if aney man Shall mow or Cause to be mowed Contorary to this order Shall forfit all the thach so mowed
we therefore do Conceu that the most Equal and peaceable way is to deuide the thach beads to Each propriator his part with all Conueniant Speed - and allso wee do order that the day for the mowing of the thach Shall bee upon the day for- moreley apoynted by the Commonors that is to say upon the first Tuseday in September After Sun Rise
John Dexter Joseph williams Thomas ffenner
(Verso)
Granted
The meeting is desolved
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[0622] whereas There Is A great need for the building & Erecting a bridge ouer prouidence Riuer and there hath been by the Town many debates concerning the great benifit as will ensue in Generall both to the said town and Country and for that end that there may be said thing effected and money gathered for said Concerne M' Gideon Crafford & M' Joseph Whipple are desired to take an accot of each person within said township what they will giue towards the same Its con- cluded as ffolloweth that said Bridg is to be Erected and set up where the Bridge formerly was and that each person that subscribes to the same doe it as a Just debt for said Concerne faithfully to be paid in to ye person Impowred and Requested to see whom will subscribe to the same at two Equall payment to be as followeth one halfe paid down at or by the last of Aprill next ensueing the date hereof and the last payment allso well and truly to be paid at or by the last of September next ensueing Dated Prouide the twelueth of January 1704/5
Gedion Crauffurd
06 -00 - 00
William haukncess
John Whipple
Joseph Trumbull
George right
Pardon Tillinghast sener
Phillip Tillinghast
Nicolas Power
01 - 10 -00 02 - 10-00 01 - 00 - 00 00 - 10-00 00 - 12 -00 01 -00-00 03-00 -00 01 -00-00 01 - 00 - 00
James Olney
William Harris
Beniamin Carpenter
Samuell Winsor junr
01 - 00 - 00 00- 12 -00
[ 199 ] (Verso)
James Dexter Peleg Rhodes
00- 15 -00 01 - 00 -00
[0623] Agreements with warwick Pautuxet &c Westen- adgue and several Grants viz in the northen wods
[0624] To mary whipple the daughter of John whipple you are in her majestys name Required to Cum befoure the majestrats of prouidence forth with to giue Euedence as to whot you know Consaring ann Calums discorse with Mehet- ebel yats the Last night: her of faile you not)
giuen vnder my hand this 14th of march 170}
Joseph williams Asistant :
John whipple the sun of Joseph whipple being of full age testifi|eth| & saith that he heard James Labore say on munday Last the 12th jnstant that he & ann Calum whippt mehethebel yats taken on jngagement this 14th of march 170g by me Joseph williams Asistant :
[0625] Whereas there hath for a long time been a differ- enee betweene the Purchassers & Proprietors of the Towne of Providence, in the Colloney of Rhode Jsland & Providence Plantations in New England, & the Purchassers & Proprietors of the Towne of Warwick in said Colloney concerning a de- videing bound betweene their two Plantations as to Title of land: And both the Purchassers & Proprietors of the Planta- tion of said Providence, & the Purchassers & Proprietors of the Plantation of sd Warwick haveing (both Partyes) Well Weighed the Circumstances, as to what the Consequence of such difference might be (if not timely prevented) have thought
26
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good to put a Period thereunto by an Amicable agreement betweene themselves, that so a Mutuall Correspondency with each other May be held, & all Alination & Animosityes may be Extingushed unto Posteritye; Jn Order thereunto the Pur- chassers & Proprietors of the Towne of Providence made choyce of ffive Persons (viz) M' Joseph Williams, Major John Dexter, Leiftnt: Samuell Wilkeson, M' Gideon Cruffurd & Cap'n: Tho: ffenner, ordering & impowering of those ffive Persons (on their behalfe) to settle Matters as to the southerne Extent of sd Plantation of Providence, as to what lieth on the west side of the line in sd Plantation called the seven Mile line; And the Purchassers & Proprietors of the Towne of Warwick, in like Manner made Choyce of three Persons (viz) M' Benjamin Barton, M' Job Greene, & M' John Waterman, ordering & impowering of those three Persons (on their be- halfe) to settle Matters as to the Northerne Extent of sd Plan- tation of Warwick, begining so farr Westward as Providence seven Mile line; & so goe forward Westward to the Westerne Extent of Warwick Plantation; The which was by both Par- tyes accordingly Performed & done; begining at a White Oake tree marked & stones laid about its Roote standing a little way Northward from that Branch of Pautuxet River which Jssueth out of the Pond called Punhungansett Pond, the which branch is Called Punhunganset branch; And so from the sd White Oake tree Rangeing away on a line west unto the Northerne Extent of sd Warwick Plantation: The which sd line Crosseth the sd branch of the River ffive times in about one mile & a halfes way from the sa White Oake tree; And in the said Range about ffoure miles from the sd white Oake tree there being a Remarkeable Ridge of a little Hill of Rocks
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with a heape of stones laid on it for a Range Marke, & from thence about three Miles forward in the Range to a Beaver Damm at the south End of a Piece of Meaddow & a Pine Swampe, & from thence about a Mile to the Southerne part of a hill neare to the ffoote of the sd Hill, & from said hill about a Mile & a halfe to a lone Rock standing upon a hill, & so about a Mile from sd Rock to a River called Mosops River, there being trees Marked in the Range on both sides of sd River; & from sd River in the line still to Range about halfe a mile farther to a small tree Marked, the which tree is in the Collony line, & also is a bound Marke betweene the sd two Plantations of sd Providence & Warwick; In the which sd line are severall trees marked for Range trees, Each tree being Marked on foure sides, on the North side with the letter, P, for Providence, on the south side with the letter, W, for Warwick, & on the East & West sides with the letter, R, for Range trees; And that the lands lieing & being on the North side of the sd line with all & Every the appurtenances, Wee the abovesd Benjamin Barton, Job Greene & John Waterman Have Remised, Released, & forever Quittclaimed, And by these Presents, for, & on the behalfe of the Purchassers & Proprie- tors of sd Plantations of sd Warwick Doe fully Clearely & Absolutely Remise, Release, and forever Quittclaime (by ver- tue of any Claime as Purchassers & Proprietors of sd War- wick) unto the Purchassers & Proprietors of sd Providence & their Heirs & Assignes forever; And that the lands lieing & being on the south side of the said line, wee the abouesd Joseph Williams, John Dexter, Samuell Wilkeson, Thomas ffenner, & Gideon Cruffurd, Have with all & Every the Appur- tenances, Remised, Released, & forever Quittclaimed, And by
202 [ 1
these presents for, & on the behalfe of the Purchassers & Pro- prietors of sd Plantation of sd Providence Doe fully, Clearely, & Absolutely Remise, Release, & forever Quittclaime (by ver- tue of any Claime as Purchassers & Proprietors of sd Provi- dence) unto the Purchassers & Proprietors of sd Warwick & their Heirs & Assignes forever; But as for what of both the sd Plantations is lieing & being on the East side of the sd seven mile line, or in the Course of it Running southward, what is before Exprest hath no Relation thereunto: This being the Conclusion, Determination, & full & joynt Agreement of both Partyes, for & on the behalfe of the Purchassers & Pro- prietors of the Plantation of sd Providence, & for & on the be- halfe of the Purchassers & Proprietors of the Plantation of sd Warwick, Jn wittnes thereof both Partyes have hereunto set their hands & seales this 20th of march 170g & in the 4th yeare of her majestys Reigne
Signed & Sealed & deleverd in presents of Vss
Wittness William Hopkins .
John warner
Joseph Williams [L. S.] Benjamin Barton [L. S.]
John Dexter [L. S.]
Job Greene [L. S.]
Samuel Wilkinson [L. S.]
John Waterman [L. S.]
Gedion Crauffurd [L. S.]
Thomas ffenner [L. S.]
All the persons that Signed and Seled this Aboue writen instrement Acknowlidged the Same to bee thier Reall Act and deed beefore mee the day and year Aboue writen
william Hopkins Asistant
[0626] at a meeting of the purchesers this 13th of ffeb- wary| 170} it is ordered & agreed to chuse three men to
[ 203 ]
treat with some of prouidence to indeuor an Agreement with them & for that purpos haue chosen Benjamen Barton Job Greene & John waterman and do comit full power to them to make an absolute. Agreement if they see cause with | those | of prouidence that shall| bee apointed
At a town meetinge held in warwick march. 6.th. 1703 m™ Randall Holdon moderator
Voted that the town do giue full power to the same pursons that ware lately chosen by the purchersers to act as they shall see cause for the jssuinge of aney deferance that may apeare with the men of prouidence
True copies taken out of the Records March. 10. 170} atests Samuell Gorton Clark to town & pucces ers)
march the 16th 170g A trew Copie of our Comision under our hands
Benjamin Barton Job Greene John Waterman :
[0627] To James Dexter Town sarjant Greting These Are in her Majesties name Anne by the Grace of God ouer England Queen & To will and reequier you to warn All the purchesers and proprieters of the Lands on the west side of the seuen Mile Lign to meet to Geether Att the hous of John whipple in this Town of prouidence on tusday the third day of Aperil 1705 by teen of the Clock in the morning then and there to reseue An A Count of there Commitionars or trustees implied by said proprieters to treet with the Gentlemen of war- wick Concerning the sutharn Lign of our plantation and you are all so to warn all the ffreemen of prouidence to meet to
[ 204 ]
Gether at the time and place Aforesaid to Act and do Such thing or things As may bee for the prudencshall Afares of the Town hereof faile not Giuen vnder my hand and sele this 26th day of March 1705
William Hopkins Asistant
[0628] To the worshipfull Moderator Asistants and Gen- tlemen the freemen of the Town of Prouidence Convenied together at a Town meetting at the House of John Whipple in sd: Prouidence ye : 27th : day of Aprill 1705 The Exibition & humble Petetion of Richard Phillips of sd: Town Exhibiteth and sheweth
That he the sd Petetioner hauing Purchased a Messuage and Certain Tract of Land at Moshopogue in the Township aforesd : of John sailes of sd Town as Referance being had to the Deede upon Record bearing Date the 23d : of Jany: 1703 will more Plaine appeare in wch : said Deede amongst other the Jmmunitys the said sailes did Jncert under his hand and seale that before the sale thereof he was the True Owner thereof and of Euery of the Bargained Premises which Caused your Petetioner to think it was Clear and free from all Jncumbrances whatso Euer, But since that M': Joseph williams Asists and M': Nathanael Waterman did Preferr a Bill to the Town in Order for Propegating a Highway Cross the Land Lying on the East side Moshopogue Pond which John sailes sold to your Petetioner wherupon the Town did order that a High- way should be Laid out Cleare Cross the Land of your Pete- tioner which is Like to be a Very Greate Charge and also Loss to your Petetioner : for the Town hath Ordered | it | by Vertue of their Own Power Immediate and not from any for-
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