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 6
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The several laws enacted during this period in refer- ence to the disposition of the Warwick lands by the town, as well as some passed by the General Assembly in favor of its settlers, as well as others of a different character, may here be stated with but few comments, reserving for a more favorable opportunity such explanations as may seem necessary.
57
VARIOUS TOWN LAWS.
1648-63.]
" April 4, 1660. Ordered that henceforth any inhabitants that shall hereafter bee received shall not have any land, ac- cordinge to any former order, but so much onely as the Towne shall by particular order grant them, and where the Towne shall see fitt, any order formerly notwithstandinge."
" April 30, 1660. Ordered that the Clarke doe write any freeman's voate of the Town that cannot write himselfe, and that he shall call upon persons for their voates."
"Ordered, in answer to Mr. Holden's bill that forthwith those that are free to pay thare monies for Aqueadnesicke doe enter thare names and that tenn days be appointed for those that are absent to ye Clarke to enter thare names also, and bring in thare monies."
"At a Towne meeting held in Warwick the 2d of November Mr. Smith chosen moderator, the Towne tacking it into serious consideration the regeneration of the mill dame, and beinge it cannot be done untill the inhabitants doe generally assist in the worck, have therefore thought fitt to order that all the in- habitants doe generally assist in the worck ; and those that re- quier satisfaction for their time Mr. Harvi doth engage to pay them ; and for the better effectinge of the mater the Towne doth apoynt Mr. Weeks, Mr. John Greene, to give order when and who shall come in as ocation shall requier, as allso when all the inhabitants shall come in ; and if any refues upon such warning from the deputed men above sayd, they shall bee lya- ble to pay a fine at the discretion of the Towne, accordinge as the damage shall appear, for their neglect."
" Ordered that Mr. John Greene is apoynted to write to the President and Assistants about the Indians pressing in upon our lands and spoiling our timber-desiring their assistants to supres their violence."
" Jan. 6, 1661 -- 2. Ordered, whereas at a Towne meeting the 3d of February in the year 1657 there was granted a peace for a horse pasture for the Towne's use it is now ordered, that all those free inhabitants that are now willing to fence in a pasture for horses, heave liberty, granted by the Towne to tacke in either three quarters of a mile, or a mile square, more or less, on the west side of Massapoge pond; and that the said pasture bee only proper for them that fence."
" May 10, 1662. Ordered that Goodman Hedger is apoynted to give notis to ye inhabitants of ye Towne to repayer ye fence at Toskeunk and he to oversee the work."
" Ordered that any man's share of meddow at Potowomet and Papepieset alias Tosceunck * be recorded by ye Clarke in ye towne Booke."
* This land was situated not far from the present village of Pontiac. It was also written Tauskounk and also Toskiounke. See Providence Records, v. 9. Parsons says "there was an Indian tribe there." Prob- ably an Indian village merely and not a separate tribe.
.
58
HISTORY OF WARWICK.
[1648-63.
Ata meeting of the General Assembly * held in this town June 17, 1662, on petition of Mr. Edmund Calverly, Thomas Ralph, William Burton, James Sweet and John Sweet of this town and ten or twelve more of the free- men of this colony "permission was granted them to pur- chase of the natives a tract of land lying together and not exceeding fower thousand akers." At the same session John Greene, James Greene, Thomas Greene, with two others, obtained leave "to purchase fifteen hun- dred ackers according to the former rule."
" December 31. Ordered that ye Clarke shall heave for re- cordinge marridges 1s. Od and for recordinge the birth of a child 6d and for recordinge the death of a person 6d."
Gorton and his associates previous to their purchase of lands in this town were charged with denying the le- gality of all human governments. Their resistance to the several governments established in different portions of New England, where for a time they had taken up their temporary abode, arose from the peculiar views they held respecting legally organized governments. Since the adoption of the charter they had proved the charge against them to have been groundless, by freely acquiescing in the government of the colony, and lending their assistance in its establishment. They were, how- ever "strict constructionists", as the following order passed by the town on Oct. 12, 1663, indicates :
" Ordered in regard that there is a writing directed to ye Warden or Deputy Warden of ye Towne of Warwick and sub- scribed James J. R. Rogers, and not ye titell of any ofice annex- ed there to; the Towne doe therefore protest against it as being contrary to law. and order that report bee made hereof to ye next Court of Commissioners."
" It is further ordered that the Towne being sensible of mat- ters that doe depend which concerns our Agent, Mr. John Clarke, doe therefore conclude to choose commishioners to at-
* The "General Assembly " at first applied only to a meeting of all the people. The legislative body until 1650 was usually called the "Court of Commissioners," or "General Court of Commissioners." Subsequent to this date it styled itself the "General Assembly." The distinction was not clearly defined, and I have used the terms inter- changeably.
59
CHANGE IN CURRENCY.
1648-63.]
tend ye Court, notwithstandinge ye illegality of ye said writing, and that justice may proceed notwithstandinge ye said ne- glect, doe [illegible] order to chuse Jurymen to attend uppon ye Court of Tryalls."
The currency of the colony, wampum peage. which had been in use from the earliest settlement, had fallen so low in value that it was declared to be no longer legal tender. The other colonies had abandoned it some time previously .- Massachusetts had commenced the coining of silver ten years before. "All fines, rates, fees, dam- adges and costs of court in all actions now, were to bee accounted and payed in current pay according to mer- chants pay," that is, in sterling or New England currency.
As there was no restriction in relation to the manu- facture of peage, a large amount came early into circu- lation, and as early as 1649, a law was passed lowering the standard of black peage one third, and four instead of three per penny was made the legal rate. A con- siderable amount of broken, and much that showed less care or skill in its preparation, found its way into the circulation, and tended to depreciate its value. The coinage of silver in Massachusetts began in 1652, and shillings and sixpences bearing that date are still extant. Thirty shillings of New England silver was equal to twenty shillings sixpence sterling. Specimens of the Indian currency may be found in various collections of curiosities, both public and private.
60
HISTORY OF WARWICK.
[1663-67.
CHAPTER IV.
From 1663 to the close of Philip's War.
Down to even a comparatively late date the meetings of the General Assembly when convened in this town, as well as the town meetings, were held either in private houses, or in taverns. Whether a town house was built previous to the breaking out of Philip's war, is uncertain though probably not. The attention of the people how- ever was called to the necessity of some public building, and some preliminary measures were taken in regard to the matter. The earliest efforts in this direction were on Feb. 20, 1663, under which date Edmund Calverly and Goodman Westcott were added to a committee ap- pointed for this purpose. The record continues :
" It is ordered and agreed by those that were appointed by ye town to lay out Peter Burzecott's acker of land which is for a tenement, is laid out 8 poles wide on ye front; and ye side adjoininge to ye northerern end of Goodman Westcott's house lot being twentie one pole in length; and ye other side but nineteene poles in length joyninge to ye lott layd out for ye Towne house, which saide lott is six poles wide on ye front, that is to say, to ye way that leadeth through ye Towne, it being easterly from ye front of ye said Towne lott and ye length of ye sayde lott to be nineteene poles on that side next to Peter Burzecott's, and ye other end fower poles and half wide next to ye common, and ye other side bounded by ye high- way that leadeth into ye common by James Sweet's hous lott, which sayde highway is six poles wide at ye least, and ye bury- inge place layd out for ye Towne is eight poles squaer, joining to ye western end of Peter Burzecott's aker of land adjoininge to Goodman Waskott's hous lott, which is ye southern bounds of ye buryinge place and on ye west by ye common and northerly by common."
61
1663-67.] PREPARATIONS FOR A TOWN HOUSE.
Nothing further appears to have been done about the town house until March, 1675, when the town ordered "that every man in this Towne that hath not a teeme shall give a days work at digging and loading stones ; and every man that hath a teeme shall allow a day's work with his teeme to draw ye said stones into place, at such time when they shall be warned thereto by a beate of the drum or other ways which worke will be a good prepar- ative toward building the sayd house."
" May 18, 1663. Ordered that all ye inhabitants from Job Allmy's to Lippit's bridge doe goe forth to set up ye fence that goeth to ye great pond to ye head of ye Coeve by Aponahock [Apponaug] ye 21 of this instant, and Mr. John Greene is ye surveyor of them ; and ye 23d of ye same Mr. Edmund Calverly is to led forth all ye inhabitants to finish the fence."
Feb. 22, 1664-5. " Ordered that Mr. Walter Todd treasurer of ye Towne of Warwicke bee desired to agre with some worke- man to make a pair of stocks for ye use of ye Towne, and ye same to be delivered into ye constable's custody, who is hereby ordered to set them up in some convenient place in ye town of Warwick."
By act of the General Assembly all the towns were required to have a cage or pair of stocks .* Previously the town was entitled to the use of those in Providence, while the latter town was entitled to the use of the Warwick prison.
The lawless Pomham was notified that he was "in this Collonye jurisdiction ; and that hee take some speedye course to issue the difference betwixt the men of War- wick and himselfe concerning lands &c .; or else that hee may expect that upon a legal triall the courts of this col- ony are resolved to doe justice in the premises."}
The earliest book of records in the Town Clerk's office contains several entries of inquests that are models of simplicity and honesty. The following is under date of February 18, 1665. After such an explicit statement of the facts in the case one is hardly willing to doubt but that little Mary was lawfully and accidentally drowned,
* .Arnold, i, 312. + R. I. Col. Rec. ii, 32.
6
62
HISTORY OF WARWICK.
[1663-67.
though the verdict of the jury on the following day hard- ly exonerates her parents from blame. Eliza Collins, one of the jury, was not a woman. His name is written also Elyza in subsequent records ; also in his military ca- pacity he is styled Lieut. Eliza Collins .*
" Mary Samon, daughter of John and Ann Samon, aged nine years or thereabouts, was found drowned in ye brooke, by Mr. Anthony Low's; and ye nineteenth of February Capt. John Greene being Crowner or Coroner, with a jury of 12 men, did inquire into ye ocation of her death by drowning; ye jurymen's names here folleth: Richard Carder, foreman; Eliza Collins, John Lippitt, senior, John Potter, John Sweet, Sam. Stafford, James Sweet, Amos Westcott, Samuel Gorton, Jun., John Wickes, Jun., Jeremy Westcott, William Eaton .- Thomas Scranton adged 25 yeares or thereabouts being engaged, did testify before ye Crowner and jury that on ye 18th of February 1655, three howers within night John Read, father in law to Mary Samon, came to Mr. Anthony Low's house to desire him, ye said Thomas Scranton with a lanthorne and candle to seeke for his daughter in law Mary Samon, who was sent to fetch wa- ter at ye brooke and came not againe. When they came to ye brooke they found ye said Mary Samon drowned in ye middle of ye brooke; and Mr. Anthony Low testifyeth that it was three howers within night when John Read aforesaid came to borrow a lanthorne and cand'e which was readily lent. The verdict of ye jury February ye 18th 1665: Wee ye grand inquest doe find that Mary Samon being about eyght or nyne years of age was sent by her mother in a very dark night alone to a brooke by Mr. Low's to fetch water and was found in ye brooke drowned."
Anthony Low resided in Warwick from the year 1656, when he was admitted a freeman, until the breaking out of the Indian War. His house with others having been burnt by the Indians in March, 1676, he went to Swanzey, where he continued to re- side. He is the person referred to by Capt. Church, " who volunteered from friendship, and the interest he felt in the
* The name Eliza as a masculine prenomen and that of Philip as a feminine seems to have been in use at this time. The former occurs several times in the town records to designate the same individual, though written by different persons. He is referred to as "Lieut. Eliza Collins" in a few instances. Mr. Bartlett in R. I. Col. Rec. iii. 3, has it spelt Elza. Philip Greene was the wife of John Greene senior, as written in his last will. Eliza Collins was the son of Thomas Col- lins, who married Abigail House. Thomas Collins' children were, Eliza, born Nov. 17, 1693; William, February 8, 1695; Thomas, Jan. 31, 1696; Sarah, Oct. 31; 1698; Thankful, Aug. 27, 1700; Anna, July 16, 1707; Samuel, May 30, 1709; Abigail, Nov. 20, 1711; the last three by a sec- ond wife.
63
1663-67.] CORRESPONDENCE WITH WILLIAMS.
success of his cause, to carry him from Newport to Sognacate, and thence to Sandwich, in July, 1676, at the risk of vessel and cargo." Updike's Narragansett, p. 391.
Thomas Stafford came from Warwickshire, England. About 1626 he was an inhabitant of Plymouth colony, whence he re- moved to Providence, where he erected the first grist mill in Rhode Island, which was situated at the north end of the town, near the mill bridge. Without remaining there long, he re- moved to Old Warwick and spent the remainder of his days. He secured for himself a considerable tract of land at the head of mill cove, including the present mill site, where he erected another grist mill. He lived on the north side of the mill stream where stands the house owned by Amos Greene, and was formerly the property of the Lippitt family. He had three sons, viz .: Thomas, Samuel and Joseph; and three daughters, Deborah, Hannah and Sarah. Thomas married Jane Dodge, Samuel married Mercy Westcott, daughter of Stukely West- cott, and Joseph married Sarah Holden, daughter of Randall Holden.
Samuel Stafford succeeded to his father's estate, where he died at the advanced age of 83, leaving two sons, Thomas and Amos. Thomas inherited the homestead, including the mill, and Amos fixed his residence about half a mile northwest, where he built a house (which was burnt in the occupancy of his grandson Thomas, in the year 1767, being on the same spot where the mansion house now stands.) He (Amos) had thir- teen children, only five of whom survived him, viz .: two sons, Samuel and Amos, and three daughters, Mary, Marcy and Freelove."
During the early history of the colony the several towns comprising it were exceedingly jealous of their individual rights, and were on the constant lookout lest those rights should be infringed. They were free and outspoken in their condemnation of any measure that did not meet with their approval. In 1662 the town received a letter respecting the rate that had been levied upon the several towns in behalf of Mr. John Clarke, their agent in England. The town had delayed the matter of collecting the amount assigned to it, which had occasioned the use of somewhat strong language on the part of Mr. Williams. A letter was returned in answer to clear it from the "aspertion that seems to be layd upon the town for not levying the said rates." Further correspondence followed in regard to the matter,
64
HISTORY OF WARWICK.
[1663-67.
and, at a general training the 26th of March, 1666, " Mr. Williams, his letter being read at ye head of ye company, it was voated that ye saide letter was a per- nissious letter, and that what was contained therein, tended to stir up strifes, devisions and contentions in ye towne of Warwick, and that ye towne clarke doe record this vote and send Mr. Williams a coppie of ye same as ye towne's answer to ye same letter, no man dissenting from this voate."
The Warwick letter was considered by the General Assembly, which appears to have coincided with Mr. Williams' view in regard to the matter, as it was ordered " that a letter be sent to them from the court to provocke and stir them up to pay the rate speedylie."
"July 2, 1666. Ordered that John Garyardy who hath con- fessed himselfe to be a thiefe and stands convict in a court of record for stealing, bee not for ye future admitted to have any- thing to doe in ye towne meetings, but is by this order ex- punged ye socyety of honest men, which order did pass uppon a bill presented by Edmund Calverly Town Clarke."
On page 148 of town records (transcribed edition) the bound- aries of Edward Calverly's land are given. He had forty-two acres on " Horse Neck," the east line running from Oakland Beach point up Warwick cove to the lands of Samuel Gorton. He afterwards received forty-two acres adjoining from Anna Smith, widow of John Smith, and Eliza Collins. John Sweet's land was to the westward and adjoining Calverly's. Samuel Gorton's land was at the head of the cove. A portion of it still remains in possession of his descendants. The debris of an old dwelling destroyed many years ago may still be seen upon the estate, which was built at a period antedating the memory of any person now living.
In November, 1663, the colony of Rhode Island for- mally adopted the Royal Charter granted by Charles 2d, which was obtained through the agency of the Rev. John Clarke .*
In January, 1664-65, + Sir Robert Carr, George Cart - wright and Samuel Maverick arrived at Newport, autho-
* Mr. Clarke was the founder and first pastor of the First Baptist Church at Newport. Knowles' Roger Williams, p. 238.
t In Old Style the year commenced on the 25th of March. The cor- rection of the calender by Pope Gregory, in 1582, was not adopted by
65
TOWN RECORDS MUTILATED.
1663-67.]
rized to act as the king's commissioners to regulate the offices of the several colonies of New England. The commission had been appointed in view of the com- plaints that had been received by the home government. The commissioners were favorably received, and in due time presented several propositions to the General As- sembly of Rhode Island, among which were the follow- ing :
" It is his majesty's will and pleasure,
1. That all householders inhabiting this colony take the oath of allegiance, and that the administration of justice be in the king's name.
4. That all the laws and expressions in laws derogatory to his majesty, if any such have been made in these late troublous times, may be repealed, altered and taken off the files."
In view of this last proposition, the town, by a special order, caused a portion of its records, containing its sub- mission to the Commonwealth under Cromwell, to be destroyed. The portion destroyed was the 13th and part of the 14th leaf, the latter containing the signatures of the settlers. A portion of the " submission " remains, with a majority of the signatures. On a vacant portion of the preceding page is the following entry :
" This leafe was torn out by order of ye Towne the 29th of June, 1667, it being ye submition to ye stat of England with- out ye king's majesty, it being ye 13th page."
The Indians under Pomham still continued to reside at Shawomet, and were a source of much trouble. Pomham lacked many of those nobler qualities which
the British Parliament until 1751, when it was ordered that eleven days should be struck out of September, 1752, and the third of that month was recorded the fourteenth. The latter mode of reckoning is called New Style, and the year then commenced on the first of Janu- ary. Before the year 1752, a confusion of dates was liable, it being difficult to determine whether January, February and a part of March closed one year or began the next. Hence the mode of double dates as above, which is January, 1665, New Style. In order to find the day of the month in New Style corresponding to a given day of any month in Old Style, consider the latter as eleven days in advance of the former. For instance, Jan. 1st, 1664, Old Style, corresponds to Jan. 12, 1665, New Style.
*6
66
HISTORY OF WARWICK.
[1663-67.
distinguished several of the other sachems, and the time had now come when efforts were to be made for his removal. The settlers were not sufficiently powerful to reduce them to subjection, and the Assembly had been appealed to in vain to afford them protection. The policy of both the town and State had been one of peace toward them as far as the nature of the case would per- mit. But matters had arrived at such a state that it was clearly seen that the habits of the two races were such that little hope could be entertained of their dwelling together without the constant and increasing danger of an outbreak that would lead to the total destruction of the one or the other race. The arrival of the king's commissioners afforded the settlers an opportunity to lay their grievances before them, which they accordingly did, and negotiations were soon entered into between them that promised speedy relief. These efforts, as we shall see, though not immediately resulting in their re- moval, prepared the way for it. Clouds were gathering over the colony, and a storm, fearful and destructive, was soon to break forth which would forever settle the con- troversy, sending destruction to the homes of the settlers and death or banishment to Pomham and his followers.
The following order was issued :
" Wee, by the power given us by the King's Commissioners, haveing heard the complaint of the towne of Warwicke, doe order and appoint that Pumham and the Indians with him shall plant their corne this yeare upon the neck of land which they have so long detained from the said towne and that before the next planting time, he, and all the Indians with him shall re- move to some other place out of the King's Province provided for them by such as they have subjected themselves unto, or to some place appointed for them by Pessicus. We alsoe order and appoint, that as soone as they are ready to remove, and give notice to Mr. Gorton before they remove, the towne of Warwicke shall give unto the said Pumham twenty pound at eight penny; and if P'umham and those with him shall subject themselves to Pessicus, and that the said Pessicus provide a place for him, and them within the King's Province, then the town of Warwicke shall also give tenn pounds at eight a penny to Pessicus as a present. Given under our hands and seales at Warwicke April the 7th, 1665."
The above is signed by the three commissioners.
67
1663-67.] EFFORTS TO REMOVE THE INDIANS.
The following deed of acquittance was signed by Cheesechamut, Nawshwahcowet and Assowawet, and duly witnessed by Sir Robert Carr and five of the War- wicke men :
" Know all men by these presents, that I Cheesechamut eldest sonne of Pumham having received of the gentlemen of Warwick the summe of thirty pounds in peag at eight a penny and upon promise to receive the summe of ten pounds more in like pay of the said gentlemen, do hereby in the name, and on behalfe of my father and myselfe with the rest of our company, promise to depart from and quit that tract of land commonly called and known by the name of Warwicke neck, as also all the province now called the King's Province, formerly the Narragansett country, immediately on the receipt of the said summe of ten pounds; and not at any time thereafter to re- turne to inhabit in the aforesaid place or places. In witness whereof I the said Cheesechamut, have hereunto put my hand the 28th day of December, 1665, at Mr. Smith's trading house."
The foregoing, with a letter of Sir Robert Carr to Mr. Gorton and Capt. Holden ; a testimonial of five War- wick men that the ten pounds promised to Pumham had been delivered to him; an order from Commissioner Carr for Pumham to remove ; one from the missionary John Elliot interceding in behalf of Pumham ; Sir Rob- ert's reply to Elliot ; Roger Williams' letter to Carr relating to the matter, and one of Carr to Lord Arling- ton relative to Pumham and Warwick affairs, were col- lected by Hon. John R. Bartlett, late Secretary of State, and may be found in R. I. Col. Rec. II. 132-8.
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