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 4
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JOHN WARNER, Clerk of the Assembly.
Copia Vera sicut attestat JOHANNES GREENE, Secritarius ex civitate Warwick.
34
HISTORY OF WARWICK.
[1648-63.
CHAPTER III.
From the granting of the Town Charter in 1648, to the adoption of the Royal Charter by the R. I. Colony in November, 1663.
The earliest records of the town preserved in the Clerk's office reach back to the appointment of its first officers in 1647, or about five years subsequent to the original purchase of the lands from the Indians. Some items without date appear to have been written at an ear- lier period. The ancient volume containing them (now before me) is about ten inches square by two inches thick. It contains the history of the town from the adoption of the charter in 1647 down to 1668. The vol- ume was used for several purposes. The first fifty pages (less than one-fourth of the whole number) contain the records of the town council in stenography ; the upper half of each page being used, leaving the lower half blank ; it may have been the intention to use the lower parts for a translation of the upper at a then future time. This was not done, however, and eventually the blanks were appropriated for different purposes, as for instance, the record of the "ear marks" of cattle, some of the records being made as late as the year 1814. Following the records of the council are those of the town meetings, lawsuits, transfer of real estate, and all the Indian deeds subsequent to 1642. The thirteenth leaf of this portion of the book was torn out by order of the town when Charles 2d of England ascended the throne. It con- tained the act of submission to the Commonwealth under Cromwell. A part of the fourteenth leat is also gone,
35
TOWN RECORDS.
1648-63.]
but the remaining half, containing what appear to be the autographs of the original and "received" purchasers of the town, some thirty in number, still remains. The leaf is torn obliquely, leaving a portion of eight or ten lines of the "submission." The records are almost illegi- ble from the peculiar penmanship, fading of the ink,mode of spelling, and the natural wear of over two hundred and thirty-five years, and many of the leaves are detached from the binding. The volume should be carefully repaired and sacredly preserved in the town archives.
In 1860, the town appointed Messrs. William Carder and Henry L. Greene a committee to transcribe this old volume, at an expense not exceeding $300. They em- ployed Henry Rousmaniere, Esq., to perform the work, and subsequently reported to the town that it had been performed in a satisfactory manner. Some portions of the record that were not deemed important were omitted in the transcript. It would have been better to have copied the whole, and to have had the pages of the tran- script correspond with those of the original.
John Warner was the first town clerk under the char- ter, and the penmanship of the earlier portion of the old volume corresponds with that of his autographic signa- ture attached to the "act of submission."
Some of the town laws enacted during the first year of the chartered government are of a somewhat novel char- acter, and throw light upon the condition of things at the time. They are not always expressed with that pre- cision that marks the statutes of the present day, but they harmonize with the mode of thought and expres- sion of that time. Here are a couple passed by the town : " Wee conclud that Towne meeting [council meeting ?] to bee held ye first Monday in every moonth, and that ye Clarke is to have 2s. 6d. for each day of meeting." And " That by maior consent or ye whole Towne, it is ordered that if 12 Townsmen meet in one day appointed for Towne meeting, they shall have power to act in Towne affairs as though all were present."
At the first General Assembly it was "ordered that
1142555
36
HISTORY OF WARWICK.
[1648-63.
the Courte of Election shall always be held upon the first Tuesday after the 15th of May annually if wind or weather hinder not." Also "that none shall goe out of the courte without leave ; or if any do depart he shall leave his vote behind him, that his power remain though his person be absent." That " all ye inhabitants in each Towne shall choose their military officers from among themselves on the first Tuesday after the 12th of March ; and that eight severall times in the yeare, the Bands of each plantation or Towne shall, openlie in the field be exercised and disciplined by their Commanders and Officers."
Here is one to provide for sudden attacks from the In- dians or other enemies : " It is ordered that in regard to ye many incursions that we are subject unto, and that an Alarum for ye giving of notice thereof is necessary when occasion is offered, it is agreed that this form be observed, vidg't: Three muskets distinctly discharged, and a Her- ald appointed to go speedily threw the Towne, and crie" Alarum ! Alarum! and the drum to beat incessantly ; upon which all are to repaire (upon forfeiture as the Towne Councill shall order) unto the Towne House ther to receive information of the Town Councill what is far- ther to be done."
The colonists were not in favor of curtain lectures, and made the following law for their protection, whether ap- plicable to both sexes or not, does not appear : " It is or- dered, Common Scoulds shall be punished with the Duckinge Stoole." Witchcraft was punishable with death.
To provide for the common defence, it was enacted that " that statute touching Archerie shall be revived and propagated throwout the whole Colonie; and that every person from the age of seventeen yeares to the age of seventy, that is not lame, debilitated in body or other- wise exempted by the Colonie, shall have a Bow and four arrowes and shall use and exercise shooting ; and every Father having Children, shall provide for every man-child from the age of seven years, till he come to
.
37
MARRIAGE LAWS.
1648-63.]
seventeen yeares, a Bow and two Arrowes or shafts to induce them, and to bring them up to shooting."
Marriage was regarded as a civil contract between the parties, and could only be legally contracted by " such as are in the first place with the parents, then orderly published in two severall' meetings of the Townsmen and lastly confirmed before the head officer of the Towne, and entered into the Towne clerk's Booke." The following is a copy of a marriage recorded in the town clerk's office in the earliest book of records :
" Gabriell Hike having obtained the good will and approba- tyon of Mr. William Arnold together with the neighbors of Patuxit for the taking of Mary Perry for his wedded wife; they being instead of parents unto her, as also bestowing a portion unto him with her; did desire me, Henry Reddocke, town clerke of Warwick, they being both in town, to publish them, which I accordingly did twise in the town meeting, the first of March 1657 and the 2d of March '57; divers neighbors being at the wedding house, I the clerke was sent for and there in the audience of twentie or thirtie persons, I published them the 3d time; and in view of the aforesayd neighbors, the said Ga- briell Hike did take unto him the aforesaid Mary Perry for his wedded wife."
To provide for any failure of the town to choose their representatives to the General Assembly, it was "ordered that six men of each Towne shall be chosen, in whom ye General Court shall continue; and each Towne here . shall have the choice of their men if they please ; or if any Towne refuse, the Court shall choose them for them ; if any else beside will tarry, they may whose help is de- sired."
The desire for office manifested in our day does not seem to have been quite as strong in the early history of the colony, when it was regarded rather as a burden than an honor. At a meeting of the General Assembly, held in this town May 22d, 1649, at which John Smith, of Warwick, was chosen President of the colony for that year, it was " ordered, that if a President elected, shall refuse to serve in that Generall Office, that then he shall pay a fine of ten pounds. And the Generall Assistant
4
38
HISTORY OF WARWICK.
[1648-63.
that refuseth to serve after having been chosen shall pay a fine of five pounds." Smith refused to serve, and also Samuel Gorton, who was chosen the same year General Assistant for Warwick, and they were both fined, but their fines were subsequently remitted. At a subsequent year (1659) a prospective election was graciously pro- vided for in behalf of Randall Holden in the following : " It is ordered that Mr. Randall Houlden if he be chosen the next yeare to Generall Office shall not then be com- pelled to serve against his will, butt freed without pay- inge fine, which is graunted upon his request, having fowned a burden in servinge for severall yeares together." At the present day there are usually several who would prefer to accept the gubernatorial office rather than pay a heavy fine, an evidence, perhaps, of the superior, self- ignoring patriotism of the present age.
The venerable Canonicus, chief sachem of the Narra- gansetts, died June 4, 1649. In the deed or act of sub- mission of his tribe to the government of England in 1644, he is styled " that ancient Canonicus, Protector of that late deceased Miantonomy during the time of his non-age." In relation to his ancestors, the Indians held a tradition that there existed formerly a chieftain more powerful than any of their day, whose name was Tash- tassuck. He had two children, a son and a daughter, · whom he could not match in dignity outside of his own family, and so he married them to each other. Their is- sue was four sons, of whom Canonicus was the eldest .* He had been the chief of his tribe many years, and at the time of the first settlement of the colony was held in high esteem by his people and the new settlers. Roger Williams, who understood the Indian character, and was intimate with many of the principal chiefs of New Eng- land, and was probably the most influential white man in the country with them, speaks of him in his Key as " the old high Sachem of Nariganset Bay (a wise and peaceable prince)." He says that " once in a solemn
* Hutchingson's, Mass., i, 458.
39
DEATH OF CANONICUS.
1648-63.]
oration to myself in a solemn assembly using the word wunnaumwayean (if he speak true,) said, I have never suffered any wrong to be offered to the English since they landed, nor never will; he often repeated the word if the Englishman speak true, if he meane truly, then shall I go to my grave in peace and hope that the English and my posterity shall live in peace together." " Their late famous long-lived Canonicus so lived and died, and in the same most honorable manner and so- lemnity (in their way) as you laid to sleep your pru- dent peacemaker Mr. Winthrop, did they honor this their prudent and peaceable prince." *
With the Warwick colonists he was on terms of peace and friendship, which resulted at times in serious dis- advantage to himself and his people. I find no in- stance mentioned in the several accounts of contempo- rary writers where his fidelity was questioned. And for the honor of the Warwick settlers it may be said, that though he had reason to suspect the motives of the white men generally, he seemed to regard those of this town as worthy of confidence. Thus passed away the venerable Indian Prince, upon a portion of whose hunt- ing grounds the present thriving manufacturing villages and pleasant homes of this town are situated.
The three most powerful sachems of the Narragan setts now, were Pessicus, brother and successor of Mi- antonomi, Ninigret, chief of the Niantics, and Mexam, son and heir of Canonicus. But the glory of the tribe was fast fading away, and the desponding hope of the brave old chief for his posterity was not to be realized.
The following is the list of persons received as "in- habitants " of the town previous to June 5th, 1648, in their order as given in the town records: (The origi- nal twelve purchasers have already been given.)
Rufus Barton, Hend. Townsend, Chris. Unthanke, Ezek. Holliman, Jo. Lipet, Richard Townsend, Peter Greene, Tho. Thorncraft, James Greene, Thomas Greene, Steuk. Westcot,
* Letter of Roger Williams.
40
HISTORY OF WARWICK.
[1648-63.
Mr. * Jo. Smith, Mr. Nic. Hart, Mr. Walter Tod, Jo. Cooke, John Greene. Jr., Robert Westcott, John Sweete, John Town- send, Peter Burzecott, John Downinge, Edward Inman, James Sweete, John Durbin, Thomas Erington, George Palmer, Amos Westcote, John Garreard, John Hayden, Mr. Robert Coles, John Potter.
Stukely Westcott was a resident of Salem previous to July 1639, where the church passed " the great censure" upon him and his wife. Both either before or after leaving Salem had embraced the religious sentiments and been baptized by Roger Williams, which was probably the reason for the action of the church in Salem. It is said that he denied that the churches of Massachusetts were true churches. His daughter Damaris married the son of Benedict Arnold, Mercy, ano:her daughter, married Samuel Stafford. He had six sons, viz., Jeremiah, William, Samuel, Josiah, Benjamin, and Stukely.
Rufus Barton came from England, but at what date is not known. He first settled where the city of New York now stands, and is said to have been the first settler there. He scon removed to Long Island and thence to Aquidneck, and finally to Warwick, where he continued to reside until his death. He built a " Thatch house" on the east side of the road that leads down the Neck. at the head of Warwick Cove, south of the Gorton place. An old well in a vacant lot is supposed to bear some relation to the ancient dwelling. A portion or all of the homestead estate is now owned by Benjamin Rufus Barton, a descendant of the seventh generation. His religious views were of the Quaker order. His wife's name was Margaret. His children are mentioned in his will which was made for him by the town council in 1648. Benjamin married Susannah, daughter of Samuel Gorton . There were two daughters, Eliza- beth and Phebe. Rufus Barton, son of Benjamin and Susan- nah (Gorton) married Sarah, daughter of Rowland and Mary (Allen) Robinson, of Narragansett, one of whose children, (Rowland) born April 7, 1709, married Freelove Stafford, daughter of Amos.
Lots of land, generally of six acres, were set off to these persons. Their location and bounds are given in the record, but no formal deeds of land were made until 1650, when Mr. Holliman, Mr. Warner and Henry Townsend were appointed a committee " to
" The title " Mr." at this time seems to have been an honorary one, equivalent, perhaps, to that of "Esq." or "Hon." in later times. It finally was prefixed to nearly everybody's name and became of no special significance, as these latter ones are in a fair way to become, if, indeed, they have not already.
41
EZEKIEL HOLLIMAN.
1648-63.]
draw up a forme for recording of lands and makinge each man a deed, and appoint that ye Clarke shall bee paid for his pains and so men are to repaire to the Clarke and he to do it."
Ezekiel Holliman * was born at Tring, near Hertford, Eng- land, where he married Susanna, daughter of John Exton, or Fox, of Stanmore, Middlesex county. He married for his sec- ond wife Mary (widow of Isaac weet) probably in alem, where both appear to have been residents at the time-previous to 1638. He was one of the twelve constituent members of the First Baptist Church of Providence, and was appointed to baptize Roger Williams, which he did, and was in turn with the other ten, baptized by Williams. He was a deputy for Warwick, and is referred to as a pious, godly man. He died Sept. 17th, 1659, intestate. The Town Council made a will for him ap- pointing his widow executrix. His daughter Priscilla, by his first wife, married John Warner. About a year previous to the death of Mr. Holliman, he sent to England for one of his grand- children, John Warner, to come and inherit his estates. The Town Council after making provision for the widow assigned the remainder of the estate to his two grandchildren John and Rachel Warner. Provision is also made for 'Susan Warner or other of ye children in England." There was a daughter Mary
* An Inventory of ye goods and chattells belonging to Ezekiel Holyman.
A bed and boulster and pillow and a pair of sheets ! £
04
5
0
Severall wooden things within doors.
1
0
0
A great chest.
0
5 0
A bigger iron pott.
0
7
0
A lesser iron pott.
0 7
0 0
One bible.
0
6
0
His wearing apparrell ...
5 10 0
Too Ackers of Corne together with forty * bushels
07
0
0
2 mares and 2 coults.
52
0
0
A horse.
11
0
0
2 Oxen.
15
0
0
30 0 0
19
0
0
7
0
0
A sow & three little pigs & 1 hoge
3
0
0
A mortar & pestle & 1 little skillet
0
7
6
The man sarvant Io
0
9
0
S.
d
A bed ticke, a pair of curtains and a carpett.
8
0
A Spitt ..
Iron tools and tackling of cart and plow.
2 11
Peage paid by Mr. Smith
4 0
0
6 cowes milk, one at Nanhegansett.
5 twoyearlings, whereof 2 hefers, 2 steers.
2 yearling hefers and a yearling bull
183 6 6
*4
42
HISTORY OF WARWICK.
[1648-63.
and perhaps others. The will of Mary Holliman, widow of Ezekiel, dated July 31, 1681, provides that " In Consideration of the Great Love and Affection I do bear unto my Son in Law, John Garrardy and my Daughter Renewed Garrardy his wife both formerly of Warwick but now of Providence" they are to have her right, title and interest which she then possessed in the " House lot, meadows and uplands &c. in Warwick." The wife of Garrardy was probably the daughter of Mrs. Holliman by her first husband. In an old record before me relating to the contentions that occurred in settling Holliman's estate she is spoken of as " John Garrardy's wife whose name in her infancy was by information Meriba Sweet, afterwards called Renewed Holliman, then Renewed Garrardy."
The situation of the settlers was extremely perilous, owing to the unsatisfactory relations subsisting between them and the Indians. They were kept in a state of constant apprehension of an outbreak that would result in their entire destruction. They were comparatively few in number, while the natives were numerous. The natives of Pawtuxet and Shawomet still acknowledged allegiance to Massachusetts and had a two-fold reason for regarding the white inhabitants about them with jealousy and distrust. They knew that Massachusetts regarded them with disfavor and would be inclined to overlook any acts of violence they might commit, while the in creasing ascendency of the settlers over them and the loss of their lands were additional reasons for their unfriendly attitude.
In view of this state of affairs a letter written by John Smith, Assistant, in behalf of the town, Sept. 7, 1648, was sent to the New England Commissioners, then con- vened at Plymouth, complaining that the Indians had killed their cattle, entered their houses by force and com- mitted other acts of violence, and requesting their advice on the subject. The commissioners wrote to the sach- ems "advising them to abstain from such conduct." The advice was couched in such terms that the natives seemed to have regarded it as a mere suggestion to which but little importance was to be attached. They continued their hostilities, and next year a similar letter was sent to the commissioners with but little better results.
43
TROUBLE WITH MASSACHUSETTS.
1648-63.]
In May, 1649, Randall Holden having some business in Boston which required his presence there, petitioned the court that the sentence of banishment against him might be revoked, in order that he might personally attend to it. He was informed that an attorney could attend to the business as well as himself. *
On May 22, 1649, the General Court of Commissioners was held in this town and lasted four days. John Smith was chosen President and Samuel Gorton Assist- ant for Warwick. Letters were addressed to the Paw- tuxet men respecting their allegiance to the colony, and the sachems of Pawtuxet and Shawomet were summoned to attend upon the court. This led the parties addressed to complain to Massachusetts, who in turn addressed let- ters to Rhode Island warning all whom it concerned against prosecuting any of her subjects. The subse- quent course of Massachusetts was the occasion of the following action of the town:
July 26, 1650. " Ordered by the Towne that whereas 3 sum- monses were left at John Greene's house by the hand of Rich- ard Chasemore, to summons him to the court of Massachusetts to be held at Boston the last of July, it is ordered by vote of the Towne that John Greene Junor above saide shall not goe downe to the Courte with respect to the summons."
" Ordered that Mr. Gorton, Mr. Weekes, Mr. Rand. Houlden, Mr. Warner, are chosen to draw up a letter to be sent to the Bay."
A committee was appointed to meet similar committees of the other towns at Portsmouth in reference to the summons, and in case they failed to send an answer to Massachusetts, the Warwick letter, signed by Mr. Wickes in behalf of the town, was to be forwarded.
Matters were assuming such importance that the Gen- eral Assembly deemed it necessary to appeal again to the Foreign Committee of Plantations, and Roger Williams was urged to go once more to England in behalf of the colony. Massachusetts was duly notified of this in- tention by John Greene in behalf of this town, in a letter setting forth the reasons that had led the colonists to this
* Mass. Col. Rec. ii. 275.
44
HISTORY OF WARWICK.
[1648-63.
conclusion. The letter stated that they "were bought and sold from one patent and jurisdiction to another ;" that they had been threatened with expulsion from their lands and exposed to violence since the order of Parliament was made for their protection, and they should seek redress from the home government, and the United Colonies might instruct their agents to act accordingly.
" Feb. 3, 1651. Agreement between the Towneof Warwicke with Mr. John Wickes, Mr. Randall Houlden, Mr. Walter Todd. John Greene, Jr., as undertakers to build a mill in the aforesaide Towne, at their own cost and charges, and to grind the Towne corne for two quarts in a bushelle, in consideration of which the town doth give and grant to the said undertakers for their encouragement that lott, that was formerly Mr. Gor- ton's" &c.
" Ordered that the undertakers of the mill have liberty to damme up the fresh river for their use anywhere above the lott, Mr. Holliman purchased of Peter Burzicot."
" The town ordereth that in case Richard Harcutt's meadow bee spoiled by the damminge the water at the mill, he shall have 2 akers for one in the most convenient place not granted, for all said damnifyinge."
The year 1651 is memorable in the history of the Rhode Island colony by the withdrawal of the towns of Newport and Portsmouth and their establishment of an independent government under a commission obtained by William Coddington, leaving Providence and War- wick to act alone. A considerable number * however, from the "defective towns" were dissatisfied, and sent Dr. Clarke as commissioner to England to obtain a re- peal of Coddington's commission. Williams, as agent of Providence and Warwick, sailed with him from Boston in November, their object now being to obtain a new charter that would reunite the dismembered colony. In the meantime the two towns remaining held their Gene- ral Assembly as usual. Samuel Gorton was chosen Pres- ident of the colony this year, and John Greene for clerk of the Assembly. To increase the anxiety of the settlers, Plymouth and Massachusetts rene wed their dis- pute about Warwick, and in September " Plymouth was
* Staples annals of Providence, p. 82.
45
CASE OF JOHN WARNER.
1648-63.]
advised to take possession of that plantation by force, unless the inhabitants would willingly submit themselves to their jurisdiction."
Over such turbulent waves did the little ship of State sail during the year 1651, tossed by billows on every side, but still bearing a crew of valiant men whose courage and wisdom were equal to the emergency.
In April, 1652, a somewhat curious affair occurred in the town that eventually led to the disfranchise- ment of one of the original purchasers. It appears that a Dutch vessel had arrived at Shawomet, on a trading excursion, the crew of which boarded for seve- ral months with John Warner, who was this year one of the magistrates of the town. A dispute arose in settling their accounts, and the Dutchmen finally ap- pealed to the court for assistance. A special session of the court was held, and Warner refusing to appear in his defence, judgment was entered against him by de- fault. Warner's wife was also implicated, and the case was carried before the General Court of trials for the colony. The result of the matter, with the specific charges, is given in the following extracts from the town records. The orthography is modernized.
" The 24th of April, 1652, at a town meeting of law-making assembly, ordered, that John Warner for his misdemeanors under-annexed, is degraded by the unanimous consent of the town from bearing any office in the town, and that he is wholly disenabled forever hereafter bearing any office in the town, until he give the town satisfaction.
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