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 5
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" It is further ordered that the above said John Warner is put out from having any vote in the town concerning its affairs. " The charges against John Warner are these :
First. For calling the officers of the town rogues and thieves with respect to their office.
Item. For calling the whole town rogues and thieves.
Item. For threatening the lives of men.
Item. For threatening to kill all the mares of the town.
Item. For his contempt in not appearing before the town now met, being lawfully summoned by a summons from the officer, with two magistrates' hands to it.
Item. For threatening an officer of the colony in open court, that if he had him elsewhere he would beat out his brains, as also calling him rogue.
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HISTORY OF WARWICK.
[1648-63.
Item. For his employing an agent in his behalf to write to the Massachusetts; thereby going about to enthral the liberties of the town, to the great indignity of the honored State of England, who granted the said privileges unto us."
On the 22d of June it was ordered, "That the house and land of John Warner situate and being in the sayd towne be attached forthwith upon suspicion of unsufferable treacherie against the town, to the forfeiture of the sayd house and land, and that notice may be given him of the attachment thereof that so hee by himself or aturney may answer at the next Court of Trials to be held in Warwicke the third Tuesday in August next ensuing the date hereof. It is also ordered that all persons are hereby prohibited from laying any claim or title unto it, or any part thereof by bargain and sale or otherwise until hee hath answered the law and be cleared by order of the court held as aforesayd, but remains in the hand and custody of the town in the mean time.
" Ordered. That the sergeant shall have a copie of this order and set it up upon the door of the house.
" Ordered, that if hereafter John Warner or any for him shall sell that house and land above sayd, any part or parcel of it, to any but such as shall subscribe to our order, it shall as before be wholly forteit to the town."
The property was released on the 5th of July by the following order : " Ordered by the town of Warwick that the house and land of John Warner situated in the said towne of Warwick, being of late atached upon suspicion of the breach of the grand law * of the town, be resigned to the said John Warner again."
The proceedings excited considerable interest through- out the colony. Randall Holden, Samuel Gorton and three others protested against the release of the prop- erty, but without effect. It was one of those affairs that would have been considered of little consequence, and passed over and been forgotten soon in a larger community, but in the weakness of the infant settle. ment was of considerable importance. It resulted in Warner's conveying his property to trustees for the use and support of his infant daughter on the 17th of the same month, with the intention of going to England. The deed of conveyance is recorded in the Clerk's office.
John Warner came from England, but at what date is un-
* The "grand law " was a compact made by the town in 1647, and confirmed the following year, by which the inhabitants bound them- selves not to convey their lands to any other jurisdiction, on pain of disfranchisement and of forfeiture of the whole estate to the town.
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THE WARNER FAMILY.
1648-63.]
known. He was an inhabitant of Providence in 1637, and had one of the "Home lots," near where the " What Cheer" build- ing now stands. He was the first Town Clerk after the organ- ization of the town, and also a member of the first Town Coun- cil; also a Deputy and Assistant; and in 1648 Clerk of the Gen- eral Court. He married Priscilla, daughter of Ezekiel Holli- man. He left a son John, who married Anna, daughter of Samuel Gorton, also three daughters, Susan, Mary and Rachel. He died during a vovage from England, in 1653 or '54. The three older children went to England with him. The son John was finally sent for by his grandfather Ezekiel Holliman to in- herit his property. The prenomen John was continued for not less than four generations. John Warner 2d had four children, viz. John, Ezekiel, Anna and Priscilla. John Warner 3d had ten children. viz. : John, Elizabeth, Anne, Susannah, Ra- chel, William, Samuel, Mary, Priscilla and William, the last three by a second wife. John Warner 4th, had the generous number of fourteen children, and lived on the north side of the road at the turn near Warners' brook. The old Warner burial ground is on the east side of the road leading to Conimicut.
The General Assembly met in this town December 20th, 1652, at the house of Robert Potter, having . been called by the President of the colony, John Smith, of Warwick. The President being absent, the Assembly sent him the following communication signed by John Greene, Recorder :
"HONORED SIR :- The commissioners of Providence and Warwick being assembled together at Robert Potter's house, according to your order, doe earnestly entreat that you will be pleased to afford us your presence to informe us of those weighty considerations invested in your warrant, wee being as- sembled together as aforesayed to advise and order for the peace of this Colony."
From the action subsequently taken by the Assembly it appears that the President and Mr. Gorton, who was General Assistant for Warwick, had examined Hugh Bewitt, one of the commissioners from Providence, and found him guilty of treason, and presented him for trial. After providing for the safe custody of the prisoner, the Assembly adjourned, to meet the next morning at the house of Mr. Warner. The trial continued several days and the prisoner was acquitted.
Robert Potter was admitted a freeman in Massachusetts, Sep- tember 3, 1631. He removed to Rhode Island in 1639. He
.
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HISTORY OF WARWICK.
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afterwards removed to Warwick, and was one of the original twelve purchasers .* When the Massachusetts soldiers came to arrest the settlers soon after their occupancy of the land, Mrs. Potter, with some of the other women, sought refuge in the woods, and soon afterwards died from exposure and fright. Potter was licensed in February, 1649, to keep an ordinary, or tavern, in Warwick. He died in the latter part of 1661, leaving a son John, and a daughter Deliverance, who married James, son of John Greene. John died in 1694, intestate, and his estate falling to John, Jr., he shared it with his brother Wil- liam, as per deed of April 10, 1694.
The mission of Williams and Clarke was successful. In the following February, a messenger arrived from England with the repeal of Coddington's commission and an order for the reunion of the towns under the charter. The division continued, however, another year. In May two distinct assemblies convened for a general election at the same time, one at Providence and the other at Newport. Finally, after a separation of three years, a reunion was effected, and a full court of com- missioners from the four towns was assembled in this town "ye last of August, A. D. 1654." It was then ordered "that a Court of Election be held uppon Tues- day, ye 12th of ye next month, and to be kept at War- wicke ; which officers then chosen shall be engaged and stand till ye Court of Election in May next.
The important positions held by persons from this town in the government of the colony during these years of unhappy discussions indicate the estimation in which they were held by the people. That the col- ony was not entirely broken up by its enemies within and without, may be ascribed to the wisdom and prudence of a few men of the two loyal towns, who firmlyheld the reins of government during this period of its weakness.
INDIAN DEED OF POTOWOMUT.
The following is a copy of the Indian deed of that por- tion of the town called Potowomut, recorded in the " booke of land evidences" in the Town Clerk's office :
* On page 11, deed of Miantouomi, by some oversight, the names of Robert Potter and Nicholas Power were omitted. They should have been inserted after the name of Sampson Shotteu.
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DEED OF POTOWOMUT.
1648-63.]
" Know all men by these presents that I Taccomanan, right owner of all ye meadows and mowable land upon a neck of ground commonly called by ye English, by ye name of Po- tawomett, situated and being upon ye great river called by ye naime of Narrheygansett Bay, lying over against ye South end of that necke of land called Shawomet, which bay is ye east bounder, and that river commonly called by ye English Potawo- mut river; being in ye southward bounder and Coessett bay, being ye norward bounder for ye space or length of fower miles, according to ye English accompt, by ye said Narrhy- gansett bay, which parsell of land as above saide with all ye right and privilidges thereto appertaining by land, water, wood or otherwise, I doe hereby, and by these presents ffreely ac- knowledge to have leagally and trewly sould, made over, and by these presents doe forever quit claime unto Randall Houl- den and Ezekiel Hollyman, both of Warwick, for themselves and ye rest of ye inhabitants of ye abovesaide towne of War- wicke, to them and to their heires, and to have and to hould forever, for ye just some of fifteen pounds dewly paid and re- ceived already, in wampumpeage; only I am to receive ye value of one coate of such cloth as ye Indians doe now commonly use to weare, annually as a gratuity hereafter; and I doe hereby binde and engagdge myselfe, that neither I nor any in my naime, nor in my behalfe shall forever hereafter disturbe or molest them or any of them in ye quiett and peaceable possession and enjoy- ment of this, their proper right and inheritance; Moreover I doe by these presents further binde and engage myselfe and allso my heires and suckcessors, and that in consideration of ye abovesaide some of money in payment received, never hereafter to sell, mortgage, let, or make over any moor, meadow or mowable land within my right, tytle or claims unto any, what or whomsoever, but only to ye parties abovenamed, their heires and assignes. In virtue whereof I have heare unto sett my hand and seale according to ye custom of ye English. Dated ye thirteenth day of July Anno 1654.
TACCOMANAN his marke
AWASHOTUST eldest soun to him aboue, his marke
WAWANOCKASHAW, another soun,
his marke.
Sealed and delivered in ye presence of Jeremy Westcott, William Baker, Samuel Ensall."
In the town records, under date of Feb. 8, 1657, Tac- 5
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HISTORY OF WARWICK.
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comanan is mentioned as the Sachem of Potowomut. The land was bought for the town .*
In 1655, the number of persons enrolled as freemen in this town was thirty-eight. Providence had forty- two, Portsmouth, seventy-one, and Newport, ninety- six. Their names are given in the first volume of the R. I. Col. Records. These do not include, however, the full number of residents, but simply those who had been formally "received" as inhabitants.
The Indians becoming exceedingly troublesome, the General Assembly issued a warrant to bring Pomham before the court to answer the complaints of the town, and a committee was subsequently appointed to treat with him. An order was also issued " that Warwick shall build a sufficient prison at ye charge of fortie pounds, whereof Providence is to pay six pounds ; in lieu whereof Providence shall have use of ye saide prison to putt their prisoners in ; and also it is ordered and con- cluded by engagement as aforesaide, that Providence shall build a sufficient cage or stocks at ye charge of fourteen pounds, which prison, cage, or stocks, Warwick alsoe shall have ye use of if occasion be."
In November additional efforts were made to come to an understanding with the natives, and Roger Williams, as President of the colony, wrote to the Massachusetts General Court in regard to the matter, calling the atten- tion of the court also to the suit against them by the town for £2,000 damages. Having received no reply, Williams in the spring wrote to Gov. Endicott, who in- vited him to come to Boston.
The following entry in the Warwick records of May 15, of this year (1656), refers to the provision made by the town to meet the expenses of the President for this journey in its behalf.
* Some difficulty arose subsequently in reference to this tract of land. It appears that another deed was given to Capt. Randall Holden, June 26, 1660, by Namowish, which "was surrendered up by said Capt Houlden unto Mr. Benedict Arnold, Assistant for the use of the Colony " There was also some contention in regard to the land be- tween the town and the "inhabitants of Kings 'Towne." See R. I. Col. Rec. III., 95, 104, 109.
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1648-63.] ROGER WILLIAMS' NEGOTIATIONS.
"Ordered that forty shillings be sent out of the treasury unto Mr. Roger Williams, and a pair of Indian Breeches for his Indian at seven shillings sixpence at 6 pr penny, as also a horse for his journey unto Boston and back again."
Before departing upon his errand to Boston Williams addressed a second letter to the General Court of Mas- sachusetts, in which he refers at length to the lawless- ness of the natives, as also to the trouble occasioned by the few English settlers at Pawtuxet, who still main- tained their former attitude against the settlers at Shaw- omet. In his letter he says, "I am humbly confident that all the English plantations in all New England put together suffer not such molestation from the natives as this one town and people. The settlers are so danger- ously and so vexatiously intermingled with the barbari- ans that I have long admired the wonderful power of God in restraining and preventing very great fires of . mutual slaughters breaking forth between them. The remedy is (under God) only your pleasure that Pum- ham shall come to an agreement with the town or col- ony, and that some convenient way and time be set for their removal."
Gratifying progress was made by the visit of Williams to Boston in reference to the Indian affairs, and it was agreed that the Pawtuxet controversy should be closed by arbitration. This, however, was not effected fully till two years after, when the Pawtuxet men withdrew their allegiance from Massachusetts and submitted to Rhode Island.
Roger Williams was born in Wales in 1599, and died in Provi- dence, April, 1683. " He was buried with all the solemnity the Colony were able to show." Callender in his Century Ser- mon says "he appears to have been one of the most disinter- ested men that ever lived, and a most pious and heavenly minded soul."
"All his study bent
To worship God aright, and know His works, Not hid, nor those things last which might preserve Freedom and peace to man."-Milton .*
As we write this page the subject of repealing the act
* See Knowles' Life of Williams, published in 1834.
i
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HISTORY OF WARWICK.
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of banishment of Roger Williams is before the Massa- chusett Legislature.
The meetings of the General Assembly when it met in this town, as well as the town meetings, were held at private houses. On Feb. 22, 1652, it was "ordered to adjourne the meetinge and forthwith to repair to the house of John Warner, where Thomas Avington dwells, and there being mett orderly it was ordered by the Towne, that henceforth their place of meeting be at the house of John Warner aforesaid, Thomas Avington con- senting thereto and the said Thomas Avington is to have twelve shillings for the use of the house ; and this to bee until the Towne see cause to alter it."
The constant danger to which the inhabitants were exposed from the Indians, and the generally unsettled state of affairs in the colony made it necessary to appoint a guard to be on the constant lookout for trouble. In April 5, 1653, the two following orders were placed upon record : "Ordered, that two men shall watch every day until they shall see cause to alter it." "Or- dered that the watch shall consist of eight men any order formerly notwithstanding."
In a bundle of miscellaneous papers stowed away in the Town Clerk's office, I find a somewhat important paper, dated March 22d, 1652, and signed by Samuel Gorton, Randall Holden and ten others, in which a proposition is made to sell out their lands and remove from the region. The paper is much defaced, and a portion, including parts of nearly all the lines are de- stroyed, including a part of the signatures. The paper speaks of the dangers to which they were exposed from the Indians, and the divisions among their own number, occasioned chiefly from the failure of those parties who had it in their power to render them the necessary as- sistance. The tone of the paper is one of discouragement, resulting from their peculiarly trying position.
What legal rights the Indians still retained in the lands or any portion of them, deeded in the original pur- chase, does not appear from the records, so far as I have
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RIGHTS OF CONSCIENCE.
1648-63.]
been able to ascertain. But it seems that they were permitted to remain upon the unoccupied portions, and were allowed certain other not very clearly defined priv- ileges. Under date of May 2, 1653, it was "ordered that these men namely Randall Houlden, Richard Townsend, Stuckely Wascote, James Sweete, Christopher Haux- hurst and John Cole are appointed to agree with the Indians about Nawsaucot and their way about fencinge in their fields." An appropriation of £12 10s was subsequently made on report of the committee to pay the Indians for fencing their lands.
The rights of conscience were sacredly regarded throughout the colony, and may sometimes have been the pretext for refusing to perform disagreeable duties. The plea, however, was unusually effective, as in the case mentioned in the town records under date of July 5, 1655, where "Goodman Erington refusing to serve as constable by reason of a scruple of his mind," he was excused from the service and another appointed in his stead.
A somewhat amusing case of conscience is related in Staples' Annals of Providence, p. 24. It appears that Joshua Verin refused to allow his wife to go to Mr. Williams' meeting as often as she wished. The woman thought it her duty to go, and her husband seemed to think it was his duty to restrain her. In this cross-fire the church censured Verin, and "some were of opinion that if Verin would not suffer his wife to have her liberty the church should dispose of her to some other man who would use her better." Arnold told them that Verin acted conscientiously, and their order was " that no man should be censured for his conscience." Verin soon after left Providence and went to Salem. Gov. Winthrop seems to have regarded this action on the part of Williams as a violation of the principle which he so strenuously advocated, but the facts will hardly justify the opinion.
On July 3d of this year, it was ordered that "by reason of the great inconvenience that hath been by means of allowance no Towne meetings without twelve
$5
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HISTORY OF WARWICK.
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men lawfully met, that henceforth eight Townsmen be- inge lawfully met, by lawful warninge have full authority to act as if the whole towne were present." A convenient provision was made the following year with regard to the number of men that should constitute a legal jury. Instead of the usual number of twelve, six jurors were to compose the body, and they were to be paid, each one shilling sixpence for each case tried before them.
By far the larger number of acts passed by the town up to this time related to the disposition of the lands. The grants were generally of six acres as house lots, to which were added other portions at different times. The consideration, if any, was not usually mentioned at the time the grant was made. Besides these the unoccupied lands were apportioned among the settlers for a limited time. The following, under date of May 17, 1656, illus- trates the point : "At a meetinge of the Townsmen of Warwicke it is ordered that the medows at Potowomet and Pawtuxet that are now lotted out to the inhabitants shall remain to each man, appropriated but for this yeare and be allotted the next year if the Towne see cause." In the following, passed the same year, a consideration is mentioned : " It is ordered that John Sweete shall have two ackers of medow for himself and Henry Townsend, in any place where he can find it, that is yet undivided, for some pains he has taken in surveying the medow at Pawtuxet river within the bounds of this towne." Also the following without a consideration in the same year: " Ordered that Mr. John Greene shall have the medow at the notheast side of the pond called by the Indians Cacouncke, lying by a brooke that runs out of the aforesaid pond."
The proprietors of the grist mill, to whom a land grant had been made in consideration of their agreement to grind the town corn at the rate of two quarts per bushel, were suspected of having too large a measure, and to meet this suspicion the following was passed : " It being complained of that the Toll Dish is too bigg : ordered that Mr. Holliman doe gett a pair of skaills for the mill by the sixst of May following."
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BOUNTIES ON WILD ANIMALS.
1648-63.]
The following bears the date of Feb. 8, 1557: " It is ordered that a parcell of land, adjoining to Massapoge pond westward, be for a horse pasture for the Towne's use accordinge as may be the most conveniently made use of, for to save fencinge, that the horses may be there kept during the time they are apt to damnify the corne."
To meet one of the less serious troubles to which the settlers were subject, it was ordered, Oct. 10, 1658, " that if any one kill the great gray woolfe that hath done so much mischiefe in the Towne hee shall have five pounds for his pains and for any other woolfe fower pounds." As John Sweete subsequently received five pounds for killing a wolf, it is probable that the old " gray" came to grief by his hands. An Indian re- ceived a reward of forty shillings the same day for a similar service.
Feb. 4, 1659. "Ordered that Mr. John Greene shall have as much land at his medow Cacowanch, known by the name of Coeset pond for to fence his medow in, he leaving out so much of his land at Occupasnetuxet."
The foregoing indicate the nature of the town laws passed during the years 1652-60, and incidentally throw light upon the condition of society during this period. If they are not expressed with that precision and ele-
* Wolves were so troublesome that Roger Williams was commis- sioned to arrange with Miantonomi for a grand hunt to exterminate them .- Arnold 1, 154.
Portsmouth petitioned Newport, January 1658, to assist her in driv- ing the wolves from the island; and the records of that town of Nov. 10, 1663, mention that "the island was to be driven the next fair day on account of the destruction of sheep by wolves and other ver- min." Every householder was required to kill twelve black birds and to bring in their heads or pay a fine of two shillings; and for all above twelve that were killed, he should receive one shilling each .- Ports- mouth Rec., April 16, 1697.
In 1716, the bounty (in Providence) on wolves was twenty shillings, and on grey squirrels, two pence. In 1724, there was a bounty of three pence on rats, and in 1729, one of ten shillings on wild cats .- Staple's Annals, 190.
In February, 1733-4, a bounty of one pound was offered for bears and the same for wild cats; in 1736, the bounty on bears was raised to three pounds; in 1764, a bounty of four pounds was offered for wolves.
*
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HISTORY OF WARWICK.
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gance of language that characterizes our modern stat- utes, they have at least the merit of conciseness and were sufficiently accurate in form to meet the emergencies of the times.
Previous to the organization of the town under its charter, an order had been passed regulating the dis- position of the lands among the inhabitants of the town. An individual before becoming an "inhabitant," was re- quired to be propounded and received by a formal vote. He was also required to pay the sum of £10 or its equi- valent. This entitled him to all the rights and privileges enjoyed by the original purchasers of the territory pur- chased of the natives. Certain portions of territory in the more compact part of the settlement were assigned him as a house lot, which it appears he was allowed to select from that which was yet unappropriated, with cer- tain not very clearly defined rights in the more distant wild la: ds. As the inhabitants increased in number other regulations were found to be necessary. The
meagre, indefinite records both of the town and colony in reference to the disposition of the lands, the boundaries of the several grants and the consideration in view of which they were made, render it difficult to determine always their exact character. The purchases from the Indians seem to have been especially indefinite and caused the colonists much trouble, making it necessary for the latter at times to purchase their lands over again from some subsequent claimant. Land at the time was plenty and cheap. The Indian title was not always clear, and hence arose innumerable misunderstandings in reference to them. It is not certain but that the settlers sometimes took advantage of the simplicity of the natives in these matters.
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