USA > Rhode Island > Kent County > Warwick > The history of Warwick, Rhode Island, from its settlement in 1642 to the present time; including accounts of the early settlement and development of its several villages; sketches of the origin and progress of the different churches of the town, &c., &c > Part 3
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During this time an event occurred, the account of which will awaken only feelings of sadness in the minds of Rhode Islanders. The brave and noble young king of the Narragansetts, Miantonomi, was put to death by Uncas, sachem of the Mohegans, at the instigation of the Com- missioners of the colonies. The circumstances are briefly these : A quarrel had arisen between Uncas and Se- quasson, a sachem on Connecticut river, who was a relative of Miantonomi. The latter took the part of his relative and was taken prisoner. "A heavy suit of armor, which Gorton had lent him it is said embarrassed his motions" and led to his capture .. Uncas conferred with the white commissioners as to what should be done with him. They decided that he should be put to death and ordered Uncas to execute the sentence. It is sup- posed on good authority that a principal reason that led tothis decision on the part of the United Commission-
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EFFECT UPON THE INDIANS.
1642-48.]
ers, was because Miantonomi had sold the lands of Shawomet to Gorton and his heterodox companions. Other reasons, however, were assigned. They buried him at the place of his execution in the east part of Norwich, Ct., known as Sachem's Plain. He was a true friend to Roger Williams, Gorton, and the other settlers, and both he and his uncle Canonicus " were the best friends and greatest benefactors the colony ever had." *
The return of the settlers to their deserted planta- tions, after their forcible abduction and imprisonment, favorably impressed the Indians of their importance. Their own failure to effect the release of their honored and beloved sachem, even by the great ransom which they offered, and the violent and cruel death to which the United Commissioners of the colonies had condemned him, had led them to expect a like fate for the Warwick colonists. They had heard also numerous rumors that they were either to be put to death or be kept as slaves. They, therefore, con- cluded that there must be some power behind the little band that kept their enemies from executing their threats. Gorton says, "The Indians called the English in their tongue Wattaconoges [those who wear clothes or coat men.] They now called us Gortonoges, and being that they had heard of a great war to be in Old England, they presently framed unto them a cause of our deliverance, imagining that there were two kinds of people in Old England, the one called by the name of Englishmen and the other Gortonoges ; and concluded that the Gortonoges were a mightier people than the English, whom they called Wattaconoges, and therefore the Massachusetts thought it not safe to take away our lives, because, however few there were of us in New England in comparison with those who came out against us, yet that great people in old England would come over and put them to death if they should take away our lives." +
* R. I. Hist. Soc. Col. Vol. III.
¡ Simplicitie's Defence.
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HISTORY OF WARWICK.
[1642-48.
The sachems of the Narragansetts, after a consulta- tion among themselves, soon sent for the "Gortonoges" to visit them, which they did in April, 1644. They were received with demonstrations of gladness by the venera- ble old sachem, Canonicus and Pessicus, the brother and successor of Miantonomi. A council consisting of " divers sachems and chief counselors" was called to confer with their visitors. The Indians were disheart- ened. They said " they had not only lost their sachem, so beloved among them and such an instrument of their public good, but had utterly impoverished themselves by paying such a ransom for his life, as they then made us an account of, notwithstanding his life was taken away, and that detained also." The result of the council was, that they concluded to submit themselves and their lands to the government of England, and they ap- pointed Samuel Gorton, John Wickes, Randall Holden and John Warner as their " commissioners in trust for the safety, custody and conveyance of their act and deed unto the State of England." *
John Wickes, in 1637, was a resident of Plymouth Colony, where he and his wife embraced the religious views of Mr. Gorton. On June 20th, 1639, he was received as an inhabitant of Aquidneck, where, with Randall Holden, Richard Carder, Samson Shotten, and Robert Potter, he came in collision with the authorities. He subsequently filled the offices of Town Deputy, Assistant, &c. He was slain by the Indians during Philip's war. Callender says he was "a very ancient man." The circumstances of his death will be referred to on a subse- quent page.
Randall Holden was one of the most conspicuous men in the early colonial history, the larger portion of his life being spent in offices of various grades. He was born in Salisbury, Eng- land. Roger Williams and he were the witnesses to the deed of Rhode Island, given by Canonicus and Miantonomi, March 24, 1633. On March 16, 1642, he was disfranchised with several others at Aquidneck, but for what cause it is not stated. He was elected Marshal of the Colony. His children were Ran- dall, who married Betty Waterman; Charles, who married Catherine Greene; Mary, who married John, the son of Rich-
* A copy of the deed signed by Pessicus, Canonicus and his son Mixam, and duly witnessed, may be found in Vol. II., R. I. Hist. Co).
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DEED OF SHAWOMET.
1642-48.]
ard Carder; Elizabeth, who married John Rice; Sarah, who married Joseph Stafford; Margaret, who married John Eldridge; Susanna, who married Benjamin Greene; Barbara, who married Samuel Wickham, and Frances, who married John Holmes. His descendants are very numerous in the State.
Samuel Gorton and Randall Holden, accompanied by John Greene, sailed for England from New York in the same year (1644), but the exact date is unknown. Staples and Mackie think it was in the summer, while Gov. Arnold, on what appears good authority, thinks it was during the following winter. Beside the commissions from the native chiefs, they had other reasons for wishing a voyage to the mother country. Massachusetts claim- ing the lands of Shawomet, had warned all persons from occupying them without permission from the General Court. The two subordinate chiefs thinking themselves in danger had applied to Massachusetts for protection, and an officer and ten soldiers had been sent to assist Pumham to build a fort and remain with them until the danger
was over .* The Warwick land had been given to thir- ty-two petitioners, on condition that "ten families should take possession within one year." Even the houses of the settlers were granted to the petitioners on certain conditions. It does not appear that they ever took possession of them, however, which is attributed to the bold and generous position taken by John Brown, a magistrate of Plymouth, who prohibited it. There was therefore need that a better understanding should be had with the home government in regard to their rights and the vexations to which they were subjected.
On their arrival in England, the commissioners pre- sented the act of submission of the Indians, and also their own memorial against the colony of Massachusetts to the government. In this latter paper they complain
* Tradition locates this fort on the east bank of Warwick Cove, near- ly opposite the Oakland Beach grounds on the estate of John Holden, Esq. What are supposed to be the remains of it may still be seen there. It would command the entrance to the cove; while in the rear there is said to have been an almost impenetrable marshy thicket to protect it from that direction.
3
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HISTORY OF WARWICK.
[1642-48.
of their " violent and injurious expulsion from Shawo- met," and other evil treatment to which they had been subject. The whole matter was duly considered and the object of their mission was successfully accom- plished. The acquaintance formed by the commission- ers with the leading men in the English government at this time, was destined to be of service in the negotia- tions of subsequent years.
The memorial was subsequently sent by the Eng- lish Commissioners of Foreign Plantations to Massachu- setts, enclosed with their order relative to Gorton and his company. This order informed the magistrates that they held the whole matter in abeyance until such time as they should be able to make their defense, ard in the meantime they were required "to suffer the petitioners and all the late inhabitants of Narragansett Bay, with their families and all such as may hereafter join them, freely and quietly to live and plant upon Shawomet and such other parts of the said tract of lands within the bounds mentioned in our said charter on which they have formerly planted and lived, without extending your jurisdiction to any part thereof, or otherwise disquieting them in their consciences or civil peace, or interrupting them in their possession until such time as we shall have received your answer to your claim in point of title, and you shall thereupon have received. our farther order therein."' They were also required to remove any per- sons who had taken possession of the Shawomet lands by their authority, if there were such, and to permit the petitioners to pass through their territory without moles- tation to their own lands, a provision which they af- terwards found of importance. A copy of this order, dated May 15, 1646, with the correspondence and final conclusions in the matter, may be found in Gov. Winthrop's Journal, and also in Staples', and forms an important portion of the history of the town.
Thus far the commissioners had reason to congratulate themselves upon the success of their mission. They had found a friend in the Earl of Warwick, Governor-in-
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TOWN CALLED WARWICK.
1642 -- 48.]
chief of Foreign Plantations, whom they subsequently honored by bestowing his name upon their settlement.
Randall Holden returned home, landing in Boston, Sept. 13th, 1646. He brought with him the order of the English commissioners and delivered it to the Massa- chusetts authorities. After some hesitation he was allowed to land and to pass through the State to his home at Shawomet. Gorton still remained in England to watch the course of events until 1648, when he also returned and landed at Boston, May 10th of that year. The General Court of Massachusetts was then in session, and promptly passed an order for his apprehension. But Gorton, perhaps anticipating such an event, was pre- pared for it, having secured a letter of protection from the Earl of Warwick previous to his departure from England. The provision in the communication from the English commissioners to Massachusetts, which Holden brought over and which secured him from arrest on his landing, was not considered sufficient to shield Gorton, although the language was very explicit in regard to that matter ; but upon his producing the letter from the Earl of Warwick, the order of the Court was revoked by the casting vote of the Governor, and a week was given him to leave the State. It will be remembered that they both had been banished from the State and were not to be found within its limits after a certain specified time, under pain of death.
Upon the reception of the order of the English com- missioners by Massachusetts, brought by Holden, Edward Winslow, was sent to England as her com- missioner to attend to affairs, bearing a lengthy answer to the Warwick memorial .* They say in their answer, "It appears to us by the said order that we are conceived, 1st, to have transgressed our limits by sending soldiers to fetch Gorton, &c., out of Shawomet in the Narragansett Bay; 2d, that we have either exceeded or abused our authority in banishing them out of our jurisdiction when
* Both the commission of Mr. Winslow and the answer to the War- wick memorial may be found in "Winthrop's Journal."
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HISTORY OF WARWICK.
[1642-48.
they were in our power." The discussion of those points formed the principal portion of the commu- nication.
The result of Mr. Winslow's mission is given by Gov. Winthrop, which is substantially as follows : "Upon his arrival in England a day was appointed for him to meet the Committee on Foreign Plantations, and Gorton also appeared by request to defend the settlers of this town. The discussion was chiefly upon the matter of jurisdiction. The defence of Massachusetts, as set forth in their reply, was 1st, that they were under the jurisdiction of Plymouth or Connecticut, and so the orders of the Commissioners of the United Colonies had left them to us; 2d, the Indians upon whose lands they dwelt had subjected themselves and their lands to our government." The English commissioners were still undecided, and re- affirmed generally their former order, but said, " If it shall appear that the said tract is within the limits of any of the New England patents, we shall leave the same and the inhabitants thereof to the proper jurisdiction of that government under which they shall fall." But
they further said that inasmuch as " the petitioners have transplanted their families thither and there settled their residences at great charge, we commend it to the govern- ment within whose jurisdiction they shall appear to be (as our desire at present in this matter,) not only not to remove them from their plantations, but also to encour- age them with protection and assistance in all fit ways."
This communication was dated July 22d, 1647, and a copy sent to both Massachusetts and Connecticut. The point of jurisdiction thus remained unsettled, and the controversy was prolonged for more than thirty years.
It afterward became involved, as we shall see, in the greater dispute arising from the subjection of the Narra- gansett Indians and their lands to England, which virtu- ally annexed them to Rhode Island.
But the settlers at Shawomet had gained one important point which was of great benefit. Their opponents were virtually instructed to let them alone, which, however,
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1642-48.] MASSACHUSETTS versus WARWICK.
contained the proviso-an important one where such spirits as Gorton were concerned-that the settlers "de- mean themselves peacefully and not endanger any of the English colonies by a prejudicial correspondency with the Indians or otherwise; wherein if they shall be found faulty, we leave them to be proceeded with according to justice."
In passing judgment upon the course of Massachusetts in her treatment of the early settlers of this town, we must take into consideration not only the ground of her claims to civil jurisdiction over this territory, but also the wide difference in the religious sentiments of the two col- onies as well as the previous relations subsisting between their inhabitants. At the time, Massachusetts had a government regularly established by virtue of a charter from the English crown, while Rhode Island had none. The principle upon which she claimed jurisdiction out of the bounds of her patent, was that of the submission of the inhabitants with their lands to her government. A respectable minority at Providence, on Nov. 17, 1641, had been constrained, as we have already seen, to ask her assistance against Gorton and his companions, and in 1642 four persons of that town had submitted themselves and their lands to her jurisdiction. Several persons at Pawtuxet had done the same for similar reasons. Pom- ham and Sacononoco had also done the same, and the for- mer had repudiated the sale of Shawomet. Gorton and his companions had already, while residing in Massachu- setts, given the authorities trouble, and after coming here had manifested the same restless and independent spirit -to use no stronger terms-and had openly defied her. All these matters are to be duly weighed in making up our judgment in the case. She failed to establish her claim of jurisdiction, but exercised the right of might, which, under the provocations, was natural though un- justifiable. In her estimation the little band was "no State," but a company of heretics, whose heresies and "insolencies" were not to be condoned, but to be purged by punishments. That she was severe in her judgments
*3
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HISTORY OF WARWICK.
[1642-48.
is admitted, that she was sincere in her convictions will not be denied.
The first meeting of the General Assembly of Rhode Island and Providence Plantations was held in Ports- mouth, on the 19th of March, 1647, to formally adopt the charter, and organize a government under it. The towns of Providence, Newport and Portsmouth are alone mentioned in the charter, but after its temporary organi- zation "it was agreed that Warwick should have the same privileges as Providence." Randall Holden was the Assistant from Warwick, an office corresponding to that of State Senator at the present day. The mode of passing general laws, was then prescribed, and various laws enacted. Six men from each town were to be an- nually chosen by each town to represent it in the Assem- bly .*
The first writing bearing a date on the records pre- served in the archives of the town, is in the following words :-
"Having now received ye orders (this Sth day of August.) from ye general recorder wee have chosen ye Town Counsill, being a generall Assemblie order." John Greene, Ezekiel Holliman, John Warner, Rufus Barton, John Wickes and Randall Holden, Town Council; Rufus Barton and John Wickes, magistrates; John Warner, clerk; Henry Townsend, Constable, and Chris- topher Helme, sergeant.
Christopher Helme was one of the "received" inhabitants of Warwick. On the 23d of January 1649 he was disfranchised " for going about to undermine the liberties of the town." The censure was subsequently removed and he resided in town till his death. He left a son William.
John Greene, the founder of the family in this country, came from Salisbury, in England, but at what precise date is un- known. He was the son of Peter Greene, and was born Feb- ruary 9, 1596-7. By profession he was a surgeon. He first set- tled in Massachusetts, but subsequently removed to Providence, where his name appears as fifth in Roger Williams' first deed. His wife, five sons and one daughter accompanied him. He afterwards returned to Boston, where he soon became involved in some difficulty with the magistrates, as was the case with nearly all the original settlers of Rhode Island. Having been
* Colonial Records, Vol. I, pp. 148, 149.
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JOHN GREENE.
1642-48.]
examined before the court he was fined £20, and banished from the state. Upon his "submission," his fine was remitted, but he returned to Providence, where " he retracted his submission by letter and charged the magistrates with usurping the power of Christ in his church, and with persecution toward Williams." From this circumstance we infer that the trouble was of a religious nature.
John Greene seems to have preferred a residence in a state where there were no witches to be hung, and where the utmost liberty was allowed in religious matters, and here he took up his permanent abode and became one of the leading men in the colony. In 1644, on the submission of the Narragansett In- dians, he went to England with Gorton and Holden, as agents to look after the interests of both the Indians and his own towns- men. In 1647 he was appointed one of the committee of ten to organize the Colonial Government under the Parliamentary charter. He was appointed several times a General Assistant. He lived and died at Occupasnetuxet, now known as Spring Green, or the Gov. Francis estate.
John Greene had three wives ; the first, Joane Tatersalle, whom he married Nov. 4, 1619; the second, Alse Daniels, of Providence; and the third, Phillip - of London. He died between Dec. 28, 1658, and Jan. 7, 1659. He had six children, who were baptized as per register of St. Thomas Church, Salis- bury, Eng., as follows: John, Aug. 15, 1620; Peter, March 10, 1621-2; James, June 21, 1626; Thomas, June 4, 1628; Joane, Oct. 3, 1630 ; Mary, May 19, 1633. His will, which was witnessed. by John Wickes and Anthony Low, bears the date of Dec. 28, 1658. In it he gave to his " beloved wife Philip Greene yt part. of buildinge, being all new erected and containing A large hall and Chimni with A Little chamber joining to the hall as also a. large chamber with a little chamber within yt, with a large gar- ret with a Little dary room which buttes against ye oule house, to enioy deuring her life; allso I give unto her half ye orchard; allso I give unto her my Lott adjoining to ye orchard together with ye swamp which the Towne granted me." After some other bequests to his wife, he gave to his son John the neck of land called Occupasnetuxet, with an adjoining meadow and a small island, all of which he says he bought of Miantonomi. To his other children he bequeathed other tracts of land includ- ing his portion of the Warwick purchase, and appointed his wife sole executrix of the will.
The town was now duly organized, with a government which the settlers, rigid constructionists as they were, be- lieved was legally derived and qualified to act in all mat- ters necessary to the mutual protection and prosperity of its inhabitants. The General Assembly with commenda-
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HISTORY OF WARWICK.
[1642-48.
ble wisdom and promptness, enacted a code of laws adapted to the condition of the colony, and which "for simplicity of diction, unencumbered as it is by the super- fluous verbiage that clothes our modern statutes in learned obscurity ; for breadth of comprehension, embracing as it does the foundation of the whole body of law, on every subject which has since been adopted ; and for vigor and originality of thought and boldness of expression, as well as for the vast significance and the brilliant triumph of the principles it embodies, presents a model of legislation which has never been surpassed."*
COPY OF THE TOWN CHARTER.
Whereas by virtue of a free and absolute Charter of civill in- corporation, granted to the free inhabitants of this Collony or Province by the right honourable Robert Earle of Warwicke Governour in Chiefe with the rest of the honourable Commis- sioners, bearing date the fourteenth day of March in the year one thousand six hundred and forty three, givinge and grantinge full power and authority unto the sayd inhabitants to govern themselves and such others as shall come among them; as also to make, constitute, and ordeyne such lawes, orders, and con- stitutions, and to inflict such punishments and penalties, as is conformable to the Laws of England, so neare as the nature and constitution of the place will admit; and which may best suit the estate and cond.tion there: and whereas the sayd towns of Providence, Portsmouth, Newport and Warwick are far re- mote each from other whereby so often and free intercourse of helpe in desidinge of differences and trying of causes and the like, cannot easily and at all times be had and procured as in this kind is requisitt; Therefore, and upon the petition and humble request of the freemen of the Towne of Warwicke ex- hibited unto tuis present session of General Assembly, wherein they desire freedom and liberty, to incorporate themselves into a body politicke etc. Wee the sayd Assembly havinge duly weighed and seriously considered the premises and being wil- linge and ready to provide for the ease and liberty of the people have thought fit and by the authorite aforesaid and by these presents doe give, grant, consigue and confirm this present charter to the sayd inhabitants of the Town of Warwick, allow- inge, orderinge and hereby authorizing them or the maior part of them from time to time to transact all such Town afayers as shall fall within the verge, liberties and precincts of the
*Arnold, Vol. I.
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TOWN CHARTER.
1642-48.]
sayd town; and also to make and constitute such particular orders, penalties and officers as may best suite with the Consti- tution of said Towne and Townshippe for the well ordering and governinge thereofe; provided the sayd lawes constitutions and punishments for the civil government thereofe be conform- able to the Lawes of England, so far as the nature and consti- tution of that town will admit; and to that end we doe authorize them to erect a Court of Justice and do give them power to ex- ecute such particular orders and penalties, and so many of the common lawes agreed in the Generall, and their penalties as are not annexed already to the General Court of Tryalls; and further we do hereby order the sayd town to elect and engage all such officers as shall be necessary for the propagation of Justice and judgment therein, upon the first Monday in the month of June annually forever hereafter: shall engadge them in fidelity to maintaine the honor, crown and dignity of the State of England as loyal subjects thereofe to the utmost of their power, the liberties and freedom of this Collony and the privileges of the town wherein they bear office, and further wee do hereby invest and authorize the sayd officers so elected and engaged with full power to transact in the prem- ises and in so doinge shall be hereby secured and indemnified.
Given at Portsmouth at the General Assembly, there held this 14th of March anno. 1648.
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