USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVII, 1600s > Part 14
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[0662] To the purchasors of prouidence, met togeather this - 25 - of may - 1708 - upon AJurnment under Concid- eration of a ffull Determination about the Layeing out of the - 40- foot lots our opinions is that The purchasors best way will be to Chouse a Committe to order the whole mater about the-40-foot lots and thereby the purchasors will be much Eased of truble and the busines much beter Elected
Tho ffenner
Samuel wilkinson
Joseph Jenckes Ju' Silvanus Scott John Browne
Phillip Tillinghast Thomas man
[0663] To the towne of providence Mett, June 21 1708
Gentt11 men foras much as we whose Names are hereunto Subscribed are senceable that we made a great mistake in m' Timothy Carpenters Rate haueing rated him & his Son 1 pound 9 shillings & 3 pence to the town rate and it should have been but 1 pound & 7 pence And knowing that we made the town rate biger than our Order was Our Request now is that ye sd M' Carpenter may haue the Sum of 8 shillings & 8 pence paid him again out of the towns mony
Ebenezer Jenckes. William Harris.
datted June 21, 1708
[0664] Whereas at a Meeting of ye Purchassers & Pro- prietors of this our Towne of Providence on ye 18th of May 1708 some Proposition was made as Concerning a Treaty with
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Sam" Cranston, weston Clark, Robert Gardiner, John Roades Richard Greene & Simon Smith | with | some others who make Claime to some lands lieing & being within our Towne- shipp of sd Providence ; The Purchassers & Proprietors | con- sidering the matter; | that in Case the aforesd Persons & their Associates were inclineable to such a thing & did propegate the Choyce of a Comittee to Treat & agree the Matter in dif- ference, (if it so might be brought too) in order thereunto did Nominate & appoynt five persons for their Comittee (namely) Major Joseph Jenckes, Capt" Thomas ffenner, Major will™ Hopkins, Capt" Sam" Wilkinson & Tho: Olney sen': And whereas at the Towne meeteing of Election in sd Providence June ye 21, 1708 held by Adjornem': there was some lines presented signed Simon Smith which gave an account that ye abovesd Persons (to weet, Sam11 Cranston, Weston Clark &C,) & their Associates, in order to ye Premisses had made Choyce of their Comittee, & Nominated ye Time & place for Meeteing ; Wee the Purchassers & Proprietors of sd Providence who now being Present at ye aforesd meeteing of Election, Doe now Rattifie & Confirme the aforesd Choyce of ye aforementioned five Persons nominated & appoynted a Comittee for ye Pur- · chassers & Proprietors of sd Providence; hereby Jnvesting & impowering of them the sd five Persons, or ye major Part of them; Their aforesd oppositts, & their Comittee to Treate, Adjetate, discourse & the sd Difference (if they shall see Cause) to Compromise, detirmin & agree; and therein, in all perticu- lars to act according as their understandings shall them direct ; And what our sd Comittee, or ye Major Part of them shall doe & Performe as to ye Premisses shall be & stand good & Effect- uall as the act of ye Purchassers & Proprietors of Providence Coppied July ye 9th: 1708. ₱ Tho: Olney Clerk. /
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(Verso)
A Coppy for ye Comittee to act for an Agreement,
[0665] Whereas it is in the Towne of Providence booke with a Parchment Cover, the bo[ ] of their Towne acts & orders which began in ye yeare 1677, inserted in page ye 68,[ ] Jt is Granted unto John Whipple jun' that he shall have forty foote square of land above high water marke, & the breadth of ye sd land to ye Channell against the Lott which ye sd John Whipple liveth upon, not damnifieing ye Townes Highway; And whereas the Now John Whipple son & heir of ye aforesd John Whipple maketh & layith a Claime to ye sd forty foote square of lands & ye same breadth of ye said land to ye Chan- nill as in sd booke is inserted; (the which he Challengeth by vertue of what in sd booke is Exprest; Although ye Towne surveior only laid out unto his ffather a Piece of land forty foote square; & there being Considerable land betweene it & ye River Channell, the which for any perticular Person to apropriate would be greatly detrementall to the Towne, by Reason that it would there Obstruct all Passage over ye River for herds of Cattell & for landing any thing transported by Water &C: The Towne Weighing all Circumstances Relateing to ye Matter, both as to what they found in said booke written, as also to what the Consequence Would be, declined to accept the surveiors Returne as to ye laying out so much as he did (to say) the Piece forty foote square, where upon a difference arose betweene the now John Whipple & ye Towne; but after some adjetation of ye matter, the sd John Whipple & ye Towne came to this agreement, (viz) That the said John Whipple should for himselfe & his Heirs & Assignes for Ever wholy Release
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& Quitt claime unto ye Towne & to their successors all his Right, Jntrest, or Colour of Claime & Title that doth or might any Wayes to him belong by vertue of what is in sd booke Exprest as aforesd, in all the land lieing betweene ye aforesd Piece of land forty foote square laid out by ye Towne surveior, & the Channiell of ye River; And that the sd John Whipple shall Retaine & have both to him, his Heirs & Assignes for Ever the sd piece of land forty foote square as aforesd laid out by ye Towne surveior in ye Place where it lieth; And in Con- sideration of ye aforesd Release or Relinquishment the Towne doe Allow unto ye sd John Whipple to be unto him, his Heirs & Assignes for Ever so much land More adjoyneing to ye aforesd Piece of land already laid out as will make forty foote square of land, (if laid square;) & so to be laid out as not to damnifie any Passage or high Way; this agreement was fully, freely & Absolutely made done Concluded and Performed be- tweene both partyes as aforesd in open Towne Meeteing nemene Contradicent. /
The above Written Order & agreem': was Made at a quar- ter day meeting Januarey ye 27th: 1702.
Coppied July ye 15th: 1708: ₱ Tho: Olney, Clerk. /
[0666] John Whipple of Providence (jun') upon ye 4th day of December Anno, 1663, was Lawfully Married unto Mary Olney of Providence, they being first Published according to Law, then Lawfully married Each to Other; by William ffield, Assist:
Coppied out of Providence Records August ye 23th: 1708 ₱ Tho : Olney, Clerk. /
John Whipple, son unto John Whipple jun":, & Mary his
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wife, was borne at Providence upon the 2nd day of October, it being the 3th day of ye weeke, & in ye yeare 1666.
Coppied out of Providence Records August ye 23rd : 1708 ₱ Tho : Olney Clerk. /
(Verso)
ffor Jo:" whipple,
[0667] Newport Sc.
To ye hon'd Court of tryalls sitting Newport with in & for her majsts Collony of Rhoad Jsland & prouidence plants : ye first tusday in Sept 1708
The declaration & Complaint of John Whipple of proui- dence in ye Collony Aboue sd Eldest son & heire of John Whipple of sd prouidence in ye Collony Aboue sd Deceased & Grandson & heire of John Whipple father of his sd father of sd prouidence Deceased plat Against Ruth Whipple Jnhabitant of prouidence in ye Collony Aboue sd Widdow & Relict of Benj Whipple of sd prouidence in ye Collony Aboue sd De- ceased Deft in An Action of trespas & Ejectmen|t| as Appeares pr writt baring date ye sixteenth day of July in ye seuenth year of her Majsty Reigne Ann Queen of Greatt Brittaine &c Annqe [ ] Nostri 1708 Damage fo[ ]e hundred pounds Currant Mony of New England &c Humbly sheweth y' ye Deft wrong- fullly with holdeth from ye plat: ye possestion of A Certaine tract or precell of Land Lying within ye township of sd proui- dence in ye Collony Aboue sd it being vpland Low Land Arabell Land meadow & Orchard Containing by Estamation twelue Acres be ye same more or Less with ye Mantion hous fences & Edifices thare vpon ye Land being butted And bounded on ye North End with A Chestnutt tree And
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from thence Runing vpon A straight Line southerly to Another Chestnut tree & ye southern side is bounded with A fence & so is Allso ye Easterly side Bounded with A fence wch fence Continueth bounding it on ye Northerne side vntill it Coms to ye first mentioned Chestnutt tree which Land & premices is part of A right of Land which m' John Whipple Aboue sd Grand father of ye plat Gaue to his son Benjamin Whipple Abouesd Deceased by his Last will And testament baring date ye Eight day of May 1682 ye sd right of Land was Giuen vnto him sd Benj Whipple & not to his heires so y' Now ye sd Benj Whipple is Dead According to Law ye Land reuerts to ye Doner, & his heires Now ye plat saith y' hee is ye true & vn- doubted heire of ye sd Doner or Giuer being ye Eldest son & heire of ye Aforesd John Whipple Deceased who was ye Eldest sone & heire of sd Doner. whareby ye Land, & premices sued for is fell in | ye | right | Line | Decendant to him ye sd Plat who is ye right heire thareof as by ye seuerall manuscripts & Wrighting, to be produced in Court will more plaine Appeare Now ye plan'f in fact saith yt ye Deft Wrongfully [ ]ithholdes ye possestion of ye Aboue sd premices from him sd Plat to his Damage foure hundred pounds Currant Mony of New England as Layd in ye writt which fforseth him to bring this his Action praying for Justis in ye Case
Coppy vera
John Whipple Plat
₱ West Clarke Recd'
(Verso)
Jo" Whipples Decleration.
[0668] To the purchasors and propriators of prouidence mett togather this 20th day of September 1708
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Genttlemen it is Like that it will not be newes to Sum of you to tell you that there was a Line agreed vpon by the aboue Sd purchasors and propriators of prouidence and Sum men of pautuxot for partting of Sum Lands from ye genarall Com- mons of prouidence, to begin at Saxefracks Coue and then to Run to a tree at mashapogue and then to Run westward upon an Euen disstance betwene pawtuxet Riuer and wonasquetucket Riuer which Line was formerly Carreyed to mashapogue and then from mashapogue neere vnto pachaset Riuer; then | in | ye year 65 Sum time in ye month of march men was Chosen for to Carry ye Sd Line as far westward as Hipses Rock: and ye men that was Chosen was william wickenden Henry Brown and John Brown who were Expresly ordred by ye purchasors to goe for- ward with the work by ye roth of next April Ensueing, I Can not Larne that Euer they gaue any Account to ye purchasors of any thing that ya had done Concerning ye aforesd Line then againe Sumtime on or about ye year | 82 | men were again Chosen to Carry ye Sd Line as far west as Seuen miles from foxes hill who were Tho: olney and Arther ffenner Edward Smith Richard Arnold and william Hopkins and as yet I haue not known of any Account yt these Last mentioned fiue men haue giuen to ye purchasors, and now two of ye fiue men are Deseced : and m' olney is now grown to be full of years So that Tho feild by a bill Exhibeted to ye purchars desiered yt m' olney mought be dismised: So that it is now Jmpossible that ye work Can be done by those that are not now Liujejing and such as are dis Able of Body,
my Request is that ye purchasors this day would be pleased once more to Chewes a number of fiue men and Jmpower them, to perfit Sd Line for Such Long and tedious Delayes of a
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work of So great a Concernment hath bin very hurtfull to Sum persons and if not yet timely Done may farther proue to their unspakeable Dammage
Tho ffenner
[0669] [L. S.] To James Dexter Town Sarjnt of proui- dence Greete[ ]
You Are in her majt: name Anne Queene ouer great brit- ian &: Required to giue all the free men of this town notise that theay meet to gether on thursday the Last Day of this instant to meet at ten of the Clock in the forenoone at the house of m' : william turpins in ord' : to Chose foure well Quol- lified men for Deputies to Set in Genrall Asembely in this town of prouidence the Last wednsday in october next Ensue- ing : here of faill you not. Giuen under my hand and Seall this 20th Day of Sep": 1708
Tho ffenner Assistant
[0670] To ye proprietors : mett vpon Adjurnemt this 29th day of Novemb' 1708.
Gentlemen.
Whereas this Long suspendant Line of pautuxett wch was form'ly begun to be sett 7 mile west from foxes hill & (yet) remaines vnfinnish'd vnto this day; And yt in ye vacancy of wch Tedious time of suspendancy Landes have been Layd out vnto divers men, though (doubtlesly,) Aimeing to have regard so, as not to entrech (any wayes) besides ye due extent of 7 mile west from ye sd foxes hill : for ye divideing Line to be made according to ye first Article in ye Combination : wch saith, & from ye Towne of Massapague &c. To divide furthur be- tween pautuxett & wanasquttuckett of an Equeall (or) Even
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distant ce| for, it is to be vnderstood, that so farr as pautuxett men does Claime a ¡ticular propriety to themselues to be divided from ye Gen'all Common of ye Towne ; so farr, ye sd pautuxett River, is, to be deemed ye southermost Extent of or plantation.
And now for as much as further proggress is now approach- ing for ye finnishing ye Line, or Lines of so Long suspend- ancy And yt in case any veriation should happen in ye work by Cutting off men's Landes Contrary to there Expectations, the wch they (perhaps) have Quietly possessed [being Layd out by ye Survey' vnto them] some aboute 30, 40, 50, or 60 yeares without any Lawfull Mollestation. Remembering yt in ye yeare 1672 : That an Act of ye | towne | was, that both sides Laying out should stand good to them & their heires for Ever.
And therefore it is thought fitt, that before any further proggress be made in ye finnishing ye sd Lines: That an Act of ye proprietors be, for ye Establishing | them | in their so Long possessions, on ye East side of ye 7 mile, for the Avoyd- ing of future Cavillings Concerneing it: And in case pautuxett want their due, to Lett them have it Layd out (in ye Lue thereof,) on ye west side of ye 7 mile Line in a Tract of Land togather where it may be found Common, not Layd out to any man.
This is ye most Effectuall way to steer in, y' I can propose, To end this old perversness | or Controversy | in peace.
Daniell Abbott
It is (also) to be vnderstood, as I have been enform'd ye though ye greatest vengance is (by ye Roacher's) against Abbot, yet their designe hath been to Extend their dividing Line to Cutt off poor Randol, Vincent, Lapham, Thornton, young ;
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(& divers others y' might be named,) as well as ye ffenn's | housen | and poor Abbot's.
(Verso)
Daniel Abbot's bill to the Proprietors, relateing to the Long, & Tedious divideing Line: some, or part of wch, hath been in hand a doeing, aboute 67 yeares. And haveing been soe many winters in ye Cold, is neer perrished.
[0671] To the Purchassers & Proprietors of Providence met by Adjornem' DeCember ye 13th : 1708. Neighbours,
My Request to you is, that you would be pleased to accomedate me with a small Piece of land about | the | qua|n|- tety of a Warehouse lot lieing against ye High Way which is betweene my ffather William his land & mine; & for it I will Engage perpetually to make | & maintaine | the High way good & passable betweene it & ye Warehouse lott whereon Providence Williams his warehouse stands; that is to say to maintaine ye Streete Current & passable at that place ; the which will be a pretty deale of Cost in that place to make it passable, besides ye Charge of maintaineing it; it being so much foundered away, & ye water there haveing its Course ; The piece of land which I desire is that which I have fenced & improved for a Cow yard ; The which if you please to Grant, you will very much Engage your ffriend & Neighbour ;
Nicholas Power. /
(Verso)
Those who have warehouse lotts already taken up, and to have no draught; Pawtuxet line to be finished by ye last of March
The Meeting adjorned to this day fortnight. /
Granted only ye quanty|tye| of one ware house lott,
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[0672] We the Subscribers being Senceable that ye bill yt was presented this day being January ye 3rd 1705 - by Cap' Tho: ffenner is well worth our Serious Concideration Seeing yt highwayes are Likely to bee So Largely Extended upon us, yet we are hopefull that ye power of ye Towne Towne Councils order about ye highwaye Cannot be abbateed by perticuler per- sons marking out wayes or their pretended highwayes should hinder ye orderly Laying out of a Conueniant highway to Leade from Towne to Towne which we Conceue to be of [ ]aty and of good use - But neuer ye Les wee doe Acknowl- edge our Selues thankfull unto Cap': ffenner for laying ye matter before us; and shewing unto us ye Euil yt may Cum upon us by makeing or Suffering to be made more highwayes then are needfull or any wayes profitable unto us we doe there- fore giue our opinions yt the two new marked waies yt they be forth with Condemned and Declared as none Lest yt for time to Come these may be Clamed as allowed wayes and wee be forced to grant y" and to maintain ym it will not be done with a Smoll Charge to make and maintaine a waye Sixteene or Seuenteene miles a Cross our Towneship from Benjamin wights to John Bartlits and we are further of oppinon that if any person or persons do here after marke or Cause to be marked any highway through our Towneship not hauing first a grant from ye purchasors for ye Same shall Suffer the pen- naltye of ye Dammage that shall accrew thereby
Joseph williams James Olney Joseph whipple Thomas feild jun' John whipple Arther fenner
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[0673] To the purchesors of this towne of prouidunc ienuary the 3rd 170g at the hous of William Turpine
There haueing bin sum time spent about the forty foot lots in the towne street : and it being not yet setled : Wee therefore propose as folole th that for as much as Justes Tilinghest sup- posing that there had bin a lot duto him upon Henore Reducs right | &c | and therefore built his shop upon one of the lots on that acount but wee finding that there is no lot duto him on that right it being taken up before. therefore in considoration that hee hath set his shop upon it allrede: that hee haue it for his labor of laying out the lots being one of the townes com- mite and in full satisfaction for his lebor in that commite and that the draft in Henore reducs right that has bin all'r'edy dran shall stand for nothing.
and that the rest of the commite haue each of them half a lot for their lebor in that commite
and that it bee uoted that upon the twenty first day of march next: each purcho|s|or come and take poseson of his lot by a free choyce according to his draft: and according to the former custom of this towne: and wee that are of the com- mite ether som or all of us do purpos that day to tend upon that work.
Richard Arnold Joseph Whipple James Olney James Browne
(Verso)
The Comittees Returne about ware house lotts; Jt is by voate allowed of & accepted. /
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[0674] To the Town meet this 24th day of january 17089 my request is that you will Giue mec a forty fut Lot in the Town Streat Against my Lot in the Town in Concideration of my Laber for that I was twice inplyed to Lay out the Lots in Streat and for that I was inplyed Alcuen days for which I neuer Reseued to the valy of one peny and if you will Grant my Request you will Greatly oblidge your naighbor William Hopkins
(Verso)
To the Porchessters & proprieters mett this 24 of Janwary: 1708 or 9: I haue two porches rits & haffe in the Towne: I pray yt you will giue me lefe to: lay my hafe right of my 40th ffootte lote to my other lots: which | will | be no damage to the Towne soe I Rest your ffreend
Thomas ffield
major Hopkins & m' ffields Bills
[0675] Prouedonce : ienewery : 31 : 170%
Taken up by daniel Comstock a stray maire of a brite bay colur brandid on the rite shoulder| and a marke on the rite ere and docked: Prised at: 25: shilings by: Thomas Arnold : aud Richard Arnold june' both of prouedonce
[0676] There is 91 acres & halfe an acre of land which hath some time since been laid out to John Whipple which he hath sold unto Joseph whipple, which ye Records doe also make Mention of; But for as much as it was not by ye surveior destinguished, but only said, in the Right of John Throck- morton & in ye Right of Joshue verrin, I could not tell how to place any certaine quantety of sd land to M' Throkmorton ffor
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ought that I know there might be 90 acres of it on m' throck- mortons Right, or there might not, it is uncertaine ;
But haveing now done with what I can yet find by ye Records ; I shall mind something as to what fame reports as Concerning M' Throckmortons Right of lands, the | which | is also well knowne & hath by ye Antcient neighbours been well knowne as well as the Report of only fame, that m' throck- morton had a house lott being 5 acres which Sam: wright dwells on, & one share of | salt | meadow neare to waybossett, & Two pieces of salt marsh more for another share of Meadow; The one piece lieing upon wanasquatucket River & the other piece adjoyned to m' Williams his Meaddow, which sd two pieces both made one share, The which said lot & Meaddow Henry wright bought ;, There is also 20 acres of land which Sam: wright sold unto M' Crufrd, which was also M" Throckmortons, otherwise Sam: Wright Could not have had it to have sold. There is also a house lott which was Edward . Copes on which Will™ Austin some time dwelt :
There is also, one share of Meaddow upon the north side of Moshausuck River, by Dexters bridge.
So that of ye first devisions to both Throckmortons Rights they doe by Record & the knowledg of People appeare how, & in what state they lye in,
ffor the first devision consisted of severall lottments, (viz) a house lott ; 2 shares of Meadow, a 6 acre lott, a 5 acre lott, a 20 acre lot, & a 60 acre lot | to one Right | ; & it doth appeare that as to the first devision, to m' Throckmortons two Rights, there is | the | 4 shares of Meadow, there is the 2 house lotts, there is one of ye 5 acre lotts, there is one of ye six acre lotts, there is one of the 20 acre lotts, & one of the sixty acre lotts ;
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so that of ye first devision there is only wanting a 60 acre lott & a 20 acre lot, & a 6 acre lott & a 5 acre lott ; And fame hath strongly Reported that there was land of M' Throckmortons lieing in ye neck in that arme of ye great swampe where Daniell Browne his land lieth ;
And as for ye other devisions on ye East side of ye 7 mile line, There was to be a sixty acre devision, & 5 acres of meadow or 10 acres of other land in stead of meadow; which was called a second devision, then after that there was | an | order to lay out a fifty acre share to Each purchaser, Called a 50 acre devision And after that it was ordered to lay out a 6 acre & halfe percell of land, Called an Additionall devision. /
And as to the first of these devisions belonging to M' Throckmorton as to both his Rights Dan : Abbott hath taken both them up; & one of the 50 acre devisio[ ] major Dexter tooke up;
And how much of ye Rest John Whipple hath taken up, as I said before, there is not any account given.
( Verso)
To ye Tow[ Jet Aprill ye 27th 1709.
Whereas on ye behalfe of ye widdow Alice Dexter & ye [ ]eirs of ye deceased Major Dexter, it was unto ye Towne pro- posed; That the Towne Records might be searched to find what account they Can give as Concerning the lands of John Throckmorton formerly of Providence; William Crawffurd haveing also of the Towne Clerk desired ye same thing; And I Tho: Olney Towne Clerk (in order thereunto) haveing be- stowed a great deale of time in searching, & made a dilegent search as to ye matter premissed; & what I have found is as
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followeth. (viz) sixty acres of land which m' Throckmorton sold to M' Carpenter ; bounding on ye East partly with Tongue Pond, & Partly with Benedicts Bond, & partly with land which william Carpenter bought of Robert West; And on ye west with land which Wim: Carpenter bought of Steven Northup, & on ye south with land of Edward Jnman, & on ye North with ye Comon. /
Also 5 acres Neare wayboysett & boundes the north side of a 5 acre lott which Valentine Whittman sold to Henry ffowler. /
Also six acres in ye Neck which Benedict Arnold bought of M' Cope, Now in ye Possession of Joseph Whipple. /
Also, one share of Meaddow in ye great Meaddow ;
I also find find that there is sixty acres of land which did belong unto Tho: Slow lieing along the side of ye long pond & Extendeth north one Cornner thereof towards Benedicts mead: bounded on ye south with ye way towards Mashapague, on ye East with Jo" : Throckmorton. /
Jt is not said how much land M' Throckmorton had there, whether 60 or 80 acres, but it must be some quantity of land to bound the East side of 60 acres; but I have mentioned Concerning what ye secords mention : /
Also two Rights of ye Second devision in ye Possession of Daniell Abbott which Containes 140 acres; The place where ye land lyes & how Bounded is Expresed in ye surveiors Re- turne on Record ;
Also 50 acres of land being | in | one of ye Rights of John Throckmorton in a 50, acre devision laid out to Major Dexter :
All the persells of land above mentioned, are all signified by ye Records; but as to that land which is said to bound ye
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