I.I I iK.\K\' Ol' Till-, University of California. (tI K'l" ( )1- Received (^t^ . iS^^'- zAcccssioiis No.^O^Sy . CLiss No. ( TOWN AND City Government IN PROVIDENCE By GEORGE G. WILSON. Providence : TIBBITTS & PRESTON, 1869. TOWN AND City Government PROVIDENCE. By GEORGE G. WILSON. ^^ Of thb"*^^ nFIVBRSITT] Providence : TIBBITTS & PRESTON. i8I8q. ^p' Copyriglit 1889, By Geo, G, AVilson. TJiriVBRSITT] CONTENTS. INTRODUCTION. Page. A. Eaely Settlement Causes. (a) Early New England Government 9 (6) Dissensions 9 (c) Williams Banished 9 THE SETTLERS. (a) Williams's Purpose , 10 (h) Difficulties 10 (c) Peculiarities of their Position 11 CHAPTEK I. BEGINNINGS OF SELF-GOVERNMENT. A. Fundamental Principles. (a) In Regard to Land 12 ijb) In Regard to Civil Power 12 B. Phases of Early Self-Government. (1) By Mutual Consent '. 13 (2) By Majority Without Delegated Authority 13 (a) Limitation of Power of Majority 15 (&) Town Actions and Powers 15 (c) Results of This Form 16 (3) By Majority With Delegated Authority 17 (a) General Provisions 17 (b) " Disposers " Authority • 17 (c) Hue and Cry 17 {d) Effectiveness Wanting 18 (e) Dangers Without. 18 (/) Tumult Within 18 {g) Charter Needed 19 C. The Charter of 1643-4. (1) Pov/ers Granted by it 19 (2) Its EfiEect 20 (3) Non-Union of Towns 21 D. Political Growth to 1647 21. it Contents. CHAPTEE II. PERIOD OF TOWN DEVELOPMENT, 1647-1700. A. Political Condition of Towns, 1647 22 B. Hindrances to Union of Towns 23 C. Steps Toward Union by Pkovedence 23 D. Adoption of " Code of 1047 " 23 E. Relation of Town to State 24 F. Town Organization 25 G. The Town Meeting 25 (1) Who May Attend 25 (3) Where Held 26 (4) When Held 27 (5) Business Transacted 27 (6) Character of the Meeting 28 H. The Officers Elected, 1647-1663. (1) The Presiding Officer 28 (2) The Town Clerk 29 (3) The Town Treasurer 29 (4) The Town Deputies 30 (5) Continuation of Previous Town Officers 30 (6) The Constable 31 (7) The Town Sergeant 31 (8) The Haywards 32 ^ (9) The Town Council of 1647 32 (a) How Chosen 32 • (&) Its Judicial Powers 34 (c) Other Functions 34 (d) Interests Represented 34 I. Town Government Under Charter of 1663, (1) The Town Council 34 (a) How Chosen 35 (6) Its Jurisdiction 35 (2) Other Officers, by Order of State, in Towns 35 (3) Other Officers,— Minor—Local 36 (4) The Surveyors of Land 37 (5) The Waywardens 37 J. Land Holding. (1) Title by Purchase from Indians 38 (2) Early Distribution 38 (3) Allotments 38 (4) Character of Holdings 38 (a) " Home Lots " 33 (6) " Six Acre Lots " 39 (c) Larger Division 39 (d) Special Appointments, 39 Contents. tit (e) The Common. 39 K. Land Regulations. (1) General 40 (2) Commoning 40 L. Taxation 41 M. Eelations to Chuech 41 N. Survival of English Institutions. (a) Not Seen in Name of Town 42 (6) Not Seen in Spirit of Town 42 (c; In Land Division 43 [d) In Town Officers 44 (e) In Nature of Meetings 44 O. Interruptions of Town Functions. {a) Coddington Episode 45 (&) King Philip's War 46 (c) Andros's Rule 47 P. Conclusion 47 CHAPTER IIL PERIOD OF MUNICIPAL GROWTH, 1700-1832. A. The Town at Beginning of Eighteenth Century 49 B. Commercial Growth 49 C. The Proprietors 50 D. The Freemen 51 E. Divisions of the Town 52 F. Attainment of Municipal Self-Consciousness. 52 G. Exercise of Town Functions 53 (a) In Town Meeting : 53 (b) Through Town Council 54 (c) Through Town Officers 55 (1) Judicial 55 (2) Financial 55 (3) Highway 56 (4) Poor 56 (5) Fire Department 56 (6) Clerk of Market 57 (7) Police 57 (8) Miscellaneous 57 REVOLUTIONARY PERIOD 1763-1790. A. Condition of the Town in 1763 59 B. Manifestation of Town Spirit 59 C. Town Administration 60 D. Paper Money 61 E. Town vs. Country 61 iv Contents. F. The Town Fbdkealist 62 PEACEFUL DEVELOPMENT. A. Pbooress of the Town 62 B. Impeovbments 62 C. School System . . ^ •. 63 D. Increase of Municipaij Duties 63 E. Movement foe a Charter 63 F. Phases of Government 64 CHAPTER IV. PROVIDENCE UNDER THE CHARTER. A. Voters 66 B. Transition to City Government ,67 C. The City Government 68 (a) Mayor 68 (5) Aldermen 68 (c) Common Council 69 (d) City CouncU 70 (e) Judicial Department 70 (/) Eecord Department 71 ig) Police 72 (/i) Fire 73 (i) Health and Poor 73 (j) Finance 74 (fc) Public Works . 74 (0 Education 74 (m) Other Officers 75 (n) General , 75 D. The Survival of the Town Meeting 75 E. Conclusion 77 [TJHI71RSITT] Town and City Government in Providence. Early Settlement. The local government of New England has always been vigorous. In some sections, for many years, the civil power exercised both political and religious authority. The colonies along Massachusetts Bay partook largely of the nature of religious communities. It was the object '* first to settle religion here, before profits or popularity."* Discussions in regard to the nature and limit of civil powers characterized the seventeenth century. Even before the first of the New England colonists disembarked there was found among them *'8ome appearance of faction which led to the agreement to submit to the government that should be estab- lished."^ This early **appearance of faction" soon became a reality. Attempts to extend religious authority led to opposi- tion, yet, for the most part, the religious element prevailed. In Massachusetts Bay colony the government was little less than theocratic. Here differences of opinion as to the func- tions of the civil magistrate in matters pertaining to religion became frequent. The expression of these ideas was deemed **dangerous" by the government and could not be tolerated. Among those who dared to express an opinion in regard to the authority of magistrates as exercised at the * ' Bay " was ^ Young's Chronicles, p. 26. 2 Mourt's Eelation, p. 2. Note. — Chapters I. and II. were read before the Ehode Island Historical Society, April 23, 1889. The writer desires to acknowledge his indebtedness to those who have kindly placed at his disposal documents and other material bearing upon the history of the town and city, especially to Henry V. A. Joslin, City Clerk of Providence. 10 Town and City Government in Providence. Roger Williams. Hie action in this and other *' matters of conscience " led to his departure from the jurisdiction of Mass- achusetts Bay colony. In accordance with a suggestion from Governor Winthrop, Williams was led *'to steer "his course to Narragansett Bay, **frOm the freedness of the place from any English claims or patents."^ Arriving at Seekonk, he *' began to build," but on information that he was in the edge of the ** bounds" of Plymouth, he crossed the river and made his settlement at the head of Narragansett Bay. This place, in acknowledgment of divine leading, he called Providence. In speaking of his settlement here, Williams says : '* My souls desire was to do the natives good." **It is not true, that I was employed by any, was supplied by any, or desired any to come with me into these parts," nor did he desire **to be troubled with English company, yet out of Pity "^ gave leave to several persons to accompany him. He did not desire to form a Puritan commonwealth. The settlement at Providence was not made with a definite purpose like that in the valley of the Connecticut river. The neighboring colonies had received a measure of assist- ,ance from the parent community. The settlement at Providence was not made under any such favorable circumstances. The government under which the early settlers had lived before taking up their abode at the mouth of the "MoTashausic " river was near enough to interfere in any questions where its inter- est might be involved. The band who formed the early body of citizens brought with them no system of government resolv- ing them into a *'body j)olitic." Money and supplies were wanting. There was no charter from a parent state upon which to base the authority for their acts. To institute a form of government under such adverse conditions would, at least, be difficult, but a still greater obstacle was to be overcome. The widely differing opinions of these settlers must be, in a meas- 1 Narragansett Club Pub., vol. vi., p. 335. 2 Hs-rris MSS., also R. X. Hist. Tracts, No. 14, p. 53. Town and City Government in Providence, 11 ure, harmonized. How difficult a task was before the organ- izers of the local government subsequent events amply showed. The early settlers at Providence were not so qualified by pre- vious experience in municipal affairs as to make the solution of the problem of self-government easy. Of the first comers, William Harris alone seems to have had a knowledge of ques- tions involving a considerable degree of education, so as to make him a rival and opponent of Williams on many occa- sions. There were some among those who came later who had held positions under the state and local governments, yet at no time in the early history of Providence did so distin- guished men grace its councils as were among the early legis- lators of Massachusetts Bay and Plymouth Colonies. The lands about '^Moshassuck" and at "Pawtuxet" Williams declares "were mine own as truly as any man's coat upon his back."^ He might, then, as proprietor have ruled this region over which he had acquired possession. He did not reserve to himself **a foot of land, or an inch of voice in any mat- ter, more than to servants and strangers."^ In this settlement there arose a peculiar condition of affairs. The proprietor of the land had parted with that and the power which it gave him ; the settlers were without the jurisdiction of the neighboring colonies ; at so great a distance from Eng- land the allegiance was merely nominal ; a theocratic form of government did not suit their ideas. Whatever form of gov- ernment was to be established must come from within. 1 Narragansett Club Pub., vol. vi., p. 263. 2 Ibid. 0? THK ^ CHAPTER 1. Beginnings of Self-Government. While Roger Williams was in Massachusetts he had main- tained **that the natives are the true owners of the land," and that a grant from the king in England did not confer a title to lands in America. Acting upon this doctrine he purchased from the Indian sachems, Canonicus and Miantonomi, a tract of land along the *'Mooshausick and Wanasquatucket " rivers. He admitted others **into the fellowship of his purchase." ^ Thus, at Providence, from its first settlement, there were the two fundamental characteristics of a State, a relation of men to the soil of a fixed territory and a measure of union between these men. A broad general principle as to the nature of civil govern- ment had already been asserted by Williams. This was not in harmony with the views commonly held in Massachusetts, for one of the charges upon which Williams had been brought before the General Court was that he had divulged the danger- ous opinion "that the magistrate ought not to punish the breach of the first table, otherwise than in such cases as did disturb the civil peace." After the land was acquired and dis- tributed this new settlement was to solve the problem pro- posed in the ** Model of Church and Civil Power" as to **what bounds and limits the Lord hath set between both administra- tions." Williams had become more and more convinced that the spiritual and civil authorities should be wholly separated. If, as has been said, the object for which emigration to New England was encouraged was in order that those who settled there might **lay out their estates, spend their time, labors and endeavors for the benefit of them that shall come after and in 1 K. I. Historical Tracts No. 14, p. 66. "Town and City Government in Providence. 13 desire to further the Gospel among those poor heathens," ^ then Roger Williams in the settlement of Providence ap- proached nearest to the ideal New England colonist, and was far from being a stranger **to the true New England spirit and the true New England theory." ^ From the time of the settlement of Providence in 1636, to the adoption of *'the code of 1647," this community seems to have passed through three phases of self-government: (1) government by mutual consent, (2) by majority of house- holders without delegated authority, (3) by majority with delegated authority. The government by mutual consent was such as would arise among men few in number, associated together, with common interests. It naturally would not be of long duration. The interests of men breaking ground for a settlement would be sufficiently harmonious to admit of such a form of govern- ment. This seems to have been the case at Providence, for hardly had the summer of 1636 passed when Williams writing to Winthrop says, **Hitherto [consultation] and mutual con- sent have finished all matters with speed and peace, "^ but now other influences began to appear in differences of opin- ion and * 'discontent." The mere ''fellowship of purchase" and "mutual consent" were no longer sufficient for the gov- ernment of this little community, and the inhabitants felt called upon "to be compact in a civil way." ^ This govern- ment by "mutual consent" yielded to one admitting of a more ready expansion. This was found in the agreement brought about, as Wil- liams says, by the discontent of "some young men (of whom we had much need) being admitted to freedom of inhabita- tion," who soon sought "freedom of vote also and equality, etc."^ A fac-simile of the original compact, the foundation of an organized government in Providence, is as follows : '^ Young's Chronicles, p. 257. 2 Porter, in New Englander, 1883, p. 305. 3 Narragansett Club Pub., vol. vi., p. 4. * Ibid. ^ Ibid. 14 Town and City Government in Providence, Acknowledgements are due for the use of the above cut, which appeared in the State Census, 1885. Town and Gity Government in Providence. 15 Supplying the words effaced the agreement reads ; <*We, whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and pas- sive obedience to all such orders or agreements as shall be made for public good of the body in an orderly way, by the major consent of present inhabitants, masters of families — incorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things." Thirteen names are subscribed. The little settlement now became a community with an established form of local government. The authority was limited to * 'civil things," thus marking the most important departure from existing ideas as to the powers of the civil magistrate. Whether the householders had before this and subsequent to Williams' letter to Winthrop, in which he mentions the necessity (>f some form of government, adopted some civil compact or not the meagre records do not show. The expressions "inhabitants incorporated," "masters of families — incorporated together in Towne fellowship " would seem to imply some form of organization, and there* can be no doubt that the limitation to "civil things" was binding before as well as after the agreement to^whith the thirteen subscribed. Under this agreement there was secured to the " masters of families " and such as should be admitted to them the right of governing the little community. Questions in regard to land occupy the leading place in the town-meeting records. To these town meetings all public business was brought. Here it was discussed and decided. The town thus assembled sat as judge upon such cases as arose. Here Joshua Verin was tried, convicted and deprived of the " libertie of voting, for restraining of the libertie of conscience," in that he would not allow his wife to attend frequent week-day meetings at the house of Roger Williams. In the town meetings titles to land were confirmed and further divisions made. The securing by the town of a re-confirmation of the deed from the Indians ^ 1 R. I. Colonial Records, toI. i., p. 18. 16 Town and City Government in Providence, and of the "Initial Deed" from Williams himself to his * Mov- ing friends and neighbours," shows that there was a grow- ing idea that the lands and rights should be more definitely guarded from encroachment. The townsmen desired a clear and unequivocal title to the section upon which they were building. If this title in all its bearings had been made still more explicit many contentions would have been pre- vented. Thus in 1638 we find a proprietary association at Providence. In the possessors of the soil, the right to administer public affairs seems to be vested. How far the thirteen who signed the agreement to submit in civil things were admitted into the management of public affairs does not appear, but it is sure that they were politically " dependent. The * 'privilege of inhabitation " did not carry with it the "right of voting." The vote resided in the householders and such as they should "admit unto them." While the "major part of the inhabitants of this Town of Providence " were the govern- ing body, yet their authority over others extended only to "civil things.'' This limitation naturally drew men to the little settlement over whom their consciences exercised little influence. Unde- sirable settlers came. Disputes were frequent. There was a lack of interest in any form of government. Non-attendance at the "Towne meeting" became so common that a fine was imposed to secure more prompt and more general response to the call. That all questions of public interest and many in which personal rights only were involved should be decided by the vote of a majority of the "inhabitants orderly assem- bled," necessitated too frequent meetings and the burdens of this form of self-government became too great to be borne. Frequent and spirited disagreements among the settlers led neighboring colonists to call Providence the home of misrule or no rule. The town too felt the need of a form of govern- ment possessing greater energy. A committee was appointed to devise a plan for settling "the many differences" amongst the " louving friends and neighbours." Town and City Government in Providence. 17 An attested copy of their report ^ bears the date of July 27, 1640, and to it thirty-nine names are subscribed as * 'laying themselves down as subjects to it." By this new form of government, '*five disposers " were to "meete every month- day uppon General things" at the call of *'the Gierke" who was to hold his office for one year. The *'five disposers" were to hold office for three months. "The Clerk " was to summon "the generall towne together every quarter," or if any man considered himself to have such "differences with any of the five disposers which cannot be deferred till general meeting of the towne, then he may have the Glerk call the towne together at his [discretion] for a tryall." It was also provided that "as formerly hath bin the liberties of the town, so still, to hould forth liberty of Gonscience." ^ This clause limits the magisterial power to civil things. The provision for summoning a general town meeting at the re- quest of one man shows how little authority was vested in the "disposers" and that cases involving any serious "differ- ences " would still be referred to the meeting of the inhabitants. Subject to this appeal to the town the "five disposers" were authorized to fix bounds, "betrusted with disposeall of lands and also of the townes Stockes, and all Generall things." They were not to admit any as "townesmen" until a six days' notice had been given to "the Inhabitants." Those, who were admitted were to subscribe to this plan of government. They also had power to give "every man a deed of his lands, lying within the bounds of the Plantation, to hould it by for after ages." They might call, certain "delinquents" to account by arbitration and provided for a complex system of thus settling questions. Every man that had not "paid in his purchase money for his Plantation " was to "make up his 10s. to be 30s. equal with the first purchasers." In case a "hue and cry " was \ City Clerk's office. 2 R. I. Colonial Rec, vol. i., p. 28, 18 Town and City Government in Providence. raised, all were to join in pursuit of the ** delinquent." As in England, if the '* hubbub" was raised without "just cause," the penalty fell upon the one who raised the cry, and that imprudent one must satisfy the men *'for their time lost in it."^ This agreement seems to have been the form of government in accordance with which the town acted for several years. ^ Many minor questions and such as would not meet with serious opposition might be settled by the "disposers." In these cases the town collectively would be relieved from a mere formal action upon matters in which they were of one mind, as in the admission of desirable settlers and in carrying out such plans as were known to be generally approved. Yet should any one object to the action he might "at the Generall towne meeting have a tryall," or if he deemed the matter such as could not be "deferred till the gen- eral meeting of the towne," he might have "the Clerk call the towne together." Thus what power had been delegated might revert to the town at the will of a single inhabitant. Callen- der speaks of this government of the settlers at Providence as "according to a model drawn up by some of themselves as most suitable to promote peace and order in their present cir- cumstances ; which, however, left them in a very feeble con- dition. "^ The feebleness of this form of government became more and more evident. Providence was threatened with dangers from without and within. The neighboring English colonies laid claim to territory within the jurisdiction of the town. They were inciting the Indians to war. The Rhode Island colonies were refused admission to the New England Union. The Dutch were near at hand ready to take advantage of the unsettled state of affairs. Within the little town discord prevailed. Appeals from 1 K. I. Colonial Rec, vol. i., p. 30. 2 Staples, Annals, 44. 3 Historical Discourse, 97. Town and City Government in Providence. 19 the decisions of the * 'disposers " and '^arbitrators " were made. The authority of the town itself was denied and defied. Blood- shed followed attempts to enforce law. A body of the colonists seceded and placed themselves under the protection of Massa- chusetts. Thus the authority of an unfriendly colony was brought to the very doors of the town. Williams himself, wearied by the strife, feared he would be forced to remove to *' little Patience " island. ^ There were those who denied the authority of Providence to make laws for its own govern- ment. The lack of chartered powers was made the ground of many lawless actions against the town. Lech ford in speak- ing of Providence, says: "This is within no Patent as they say ; but they have of late a kind of government also of their owne erection." ^ This "government of their owne erection " was no longer deemed sufficient. Aquidneck had already taken action toward procuring a charter. Providence joined with that Island in this effort and Roger Williams was sent to England to secure from the home government the right to hold and govern the region which they had obtained from the Indians. Charter of 1643-4. Williams returned from England in the autumn of 1644, bringing with him a charter for "The Incorporation of Provi- dence Plantations in Narraganeett Bay in New England.'' Under this title were included the towns of Portsmouth and Newport as well as Providence. As represented to the Earl of Warwick and Commissioners it was the desire of the inhabi- tants of these towns "to have their hopeful Beginnings approved and confirmed, by granting unto them a Free Charter of Civil Incorporation and Government ; that they may order and govern their Plantation in such a Manner as to maintain Justice and peace, both among themselves, and towards all Men . 1 Narragansett Club Pub., vol. vi., p. 141. 2 Plaine Dealing, p. 96. 20 Town and City Government in Providence, with whom they shall have to do."* In accordance with this desire they were granted the charter <'to encourage the good Beginnings of the said Planters — Together with full Power and Authority to rule themselves and such others as shall hereafter inhabit within any Part of said Tract of land, by such a form of Civil Government as by voluntary consent of all, or the greater Part of them, they shall find most suitable to their Estate and Condition." There was a later clause which provided *Hhat the said Laws, Constitu- tions and Punishments, for the Civil Government of the said Plantation, be conformed to the Laws of England, 80 far as the Nature and Constitution of the place will admit." This last proviso was thus left to the interpreta- tion of the colonists and amounted to a mere recommenda- tion that the laws made follow as closely as possible those of England. By this charter the broadest civil authority was conferred upon the struggling communities. As Arnold briefly says, **At their own request their powers were limited to civil matters. Beyond this a silence more significant than lan- guage proclaimed the triumph of soul-liberty." ^ Williams in a letter written in 1669, looking back Xo the time before the charter was secured says, *'our Government and Civil order which, at first, both here and at Rhode Island, we kept up upon Grace and Favor (until God was pleased to help me to procure a charter from the Parliament,) was all mere nothings and nullities and we lived in no order but Rout."^ This charter of 1643 introduced a new element into the acts of the town governments. These were no longer **mere nothings and nullities." They were based upon and recognized the authority of England. Under date of '*19th of 11 mo., 1645," those who receive a quarter share of land "promise to yield active or passive obedience ^ R. I. Colonial Records, vol. i., p. 144. 2 History of R. I., vol. i., p. 201. 3 To John Whipple, Jr., Aug. 24, 1669. Town and City Government in Providence, 21 to the authority of [King and Parliament] [The State of England] established in this colony, according to our charter, and to all such wholesome laws and orders, that are or shaU be made by the major 'consent of the Town of Providence." Although the towns in the territory incorporated under this charter did not unite under one general government until more than two years and a half had passed by, yet it doubtless gave to the town governments, from the first, an element of stability which they had not before possessed. It confirmed their right to the territory which they occupied, and thus secured a place for this colony among its neighbors as also under the royal protection. There was not sufficient harmony among the dif- ferent towns or among the inhabitants of the individual towns to bring about a union under a general government till 1647. Thus at Providence previous to the year 1647 the settlers were governed by mutual consent, by the will of the majority of the householders, by this same majority with certain dele- gated functions, and also under this same form modified by the recognition of the fact that their power to govern themselves in civil things was granted by the authority of England. Each of these steps removed the settlers farther from the phase of government in which no civil restraint influenced their action. This political growth at Providence took place under what would naturally be considered the most unfavorable cir- cumstances. It would almost seem that in this little settle- ment the words of Aristotle, after twenty centuries, are again echoed, and that '*man is, by nature, a political animal." ^ Cotton says, **Bani8hment in this country is not counted so much a confinement as an enlargement, where a man doth not so much loose civill comforts as change them." ^ However Williams may have **counted" his banishment, it is certain there had been a great change in both form and nature of his * 'civill comforts" since Massachusetts had permitted his * 'enlargement" in 1636. 1 Politics, 1, 2, §9. 2 Cotton's Answer, p. 8, CHAPTER II. Town Development. The lack of a spirit of harmony among the towns incorpor- ated under the name of Providence Plantations prevented the adoption of a general government till 1647. These towns had been largely independent of each other both in origin and in efforts at self-government. The towns upon Rhode Island had a form of government from the beginning of the settle- ment. Providence had been forced from time to time, and reluctantly, to take some steps to secure civil order. War- wick maintained that it had no power to establish any form of government without the sanction of the ruling power in England. Within the chartered territory there was upon Rhode Island a **Democracie or Popular Government," as it was called, at Providence such a form of government as events had com- pelled the settlers to adopt, and at Warwick none at all. Dis- putes and contentions were common among these towns, yet dangers from without, discords within, and a feeling that their interests were, in a measure, the same, led to a union of the different towns under a general governmeirt, in 1647. Providence was until this time, so far as other New Eng- land settlements were concerned, a wholly independent town. It acknowledged the authority of the English crown alone. Its position frequently excited the hostility of neighboring col- onies. By the charter of 1643-4 the independence of the town was rendered more secure. Williams says "now the country about us was more friendly, and wrote to us and treated us as an authorized colony ; only the differences of our consciences obstructed." In 1647 some of the powers hitherto residing in the town are handed over to the general government so far as to secure a degree of efficiency in its administration. Whatever concessions were made, neverthe- Town and City Government in Providence. 23 less, were well guarded. The inhabitants of Providence in their instructions to the committee who were to take part in the organization of the general government say they desire **to hold a correspondency with the whole colony " at the same time reserving "full power and authority to transact all our home affairs " and '*to have full authority to choose, ordain, authorize, and confirm, all our towne officers." These officers were to be responsible to the town and there was to be no '* intermixture of generall and particular officers."^ Although little power would thus be given up by the town, yet it gave evidence that there was a willingness to establish a general government by which an authority, differing from that of the town and from the acknowledgment of a mere allegiance to England, would be brought into town affairs. The Simple Cobbler of Aggawam gave voice to the almost universal opinion of his time when he said, **How all Reli- gions should enjoy their liberty. Justice its due regularity, Civil cohabitation, moral honesty, in one and the same Juris- diction, is beyond the Artique of my comprehension." ^ In the territory incorporated under the name of Providence Plan- tations that form of government which seemed so far removed from possibility was to be tested. To establish a government upon the principles of broadest liberty, delegates and inhabi- tants from the settlements about Narragansett Bay assembled at Portsmouth May 19, 1647. Some of the towns were anxious to withhold as much power as possible from this assembly, while Warwick must look to this body for authority sufficient to administer its local affairs. By the acts of this assembly the towns of Providence, Portsmouth, Newport and Warwick became a sort of confederation, bound together in a very loose way, as their subsequent falling apart showed. In this convention, nominally of all the inhabitants of the towns, the *'Code of 1647," establishing a legislative, executive and 1 R. I. Col. Rec, vol. i, p. 43. 2 Sirable Cobbler of Aggawam, p. 17. 24 Town and City Government in Providence. judicial system for the colony, was adopted. By this assembly it was agreed *'that the form of government established in Providence Plantations is Democraticall ; that is to say, a Government held by the free and voluntarie consent of all, or the greater part of the free inhabitants." * The code secured religious freedom by enacting that "all men may walk as their consciences persuade them, every one in the name of his God."'^ The laws were, for the most part, based upon English statute law, yet there seems to have been no hesitancy in departing from English precedent when the "nature and constitution of the place" demanded it. With the adoption of this code the towns might be said to be established. *'Providence Plantations " was now the legal name for the colony. It included not only the settlement begun by Roger Williams, but the islands in the Narragansett Bay and parts of the adjoining mainland. Providence was now merely one of the towns of the colony, though the authority of the general government over the town was very limited. The union ren- dered the local government more stable, and secured for it greater respect both within and without the town. Providence was entitled to nominate officers for the General Assembly and to representation in that body. The town was empow- ered to refer, to a General Court consisting of the President of the colony and assistants from the towns, such matters as were too weighty for the consideration of the town courts. To the General Court was also entrusted cases between town and town, between inhabitants of different towns and between citizens and strangers. The President of the colony was to have the general oversight of the "order and course of Law " in the colony. The assistants representing the towns in the General Assemply were ex officio conservators of the peace in their respective towns. ^ To the towns, all laws passed by 1 R. I. Col. Rec, vol. 1, p. 156. 2 Ibid p. 190. 3 R. I. Col. Rec, vol. 1, p. 192. Town and City Government in Providence. 25 the General Assembly must be submitted, and these laws must be ratified by the inhabitants of the towns before becoming legally binding. A town might propose a law, which it desired, to the General Assembly. If there approved, it was submitted to the other towns before going into effect. The Assembly and General Court met in different towns, and in this way the inhabitants were brought into a closer relation to the general government. Town Organization. The town of Providence retained, after the adoption of the **Code of 1647," nearly all the powers of self-government which it had had before. The people of the colony were the final law-makers of the colony. The inhabitants of the town still administered the internal affairs of the town. The judi- cial power was exercised by the town in all cases where merely local interests were involved. In some cases there might be an appeal to the General Court. The execution of town orders was entrusted to the town officers as were also some of the orders of the General Assembly. There was a charter of incorporation granted to the town of Providence by the Gen- eral Assembly in 1649. In effect, it was merely a confirma- tion of powers already exercised by the town and there seems to have been no action taken upon it by the inhabitants on that account. The consideration of all matters of local government first came before the town meeting. In this assembly, at Provi- dence, those who had been admitted to the privilege of a vote decided what action should be taken. Mere residence in the town did not constitute a man an inhabitant, nor did the priv- ilege to inhabit the town always carry with it the right to vote. Before a man could become an inhabitant in the town of Prov- idence it was generally necessary that he should petition for that right and that the petition should be granted. This bound the petitioner to active and passive obedience to the laws ordained by the majority of the freemen, and usually such as 26 Town and City Government in Providence, were admitted were allowed to vote. In all cases they were eligible to some of the minor town offices and to service upon the jury, and sometimes had certain rights to undivided lands. Regulations in regard to who should vote varied at different times. The freemen generally formed a close corporation for the man- agement of local affairs, though it would appear that the line between those who were not freemen and those who were was not always closely observed. Those not freemen occasionally voted when they were not hindered ; therefore the General Assem- bly passed a law that if anyone not a freeman should vote he should be fined £5.^ The moral character of those desiring to be admitted ^o dwell within the town was scrutinized, but religious belief was not considered.^ The "privilege of inhab- itation " was not a prerejjuisite for service as a town officer. In 1656 anyone, even if not an inhabitant, is ordered to fulfill the duties of such position as he may be elected to by the town. An act of May 15, 1658, makes the very general declaration "that all those that enjoy lands in the jurisdiction of this Town are Freemen."^ A gradual extension of the franchise in Providence took place during the first half century of its existence as a chartered town, though who should vote and who should not was not always clear apparently to the minds of the voters themselves. The statement that "the laws are passed by the votes of the inhabitants of the Town of Providence" seems, in general, to be true. The town meetings at Providence were held for many years in such places as would have astounded the inhabitants of some of the neighboring colonies. The records sometimes show that the meetings were held "under a tree by the water side before Thomas Field's house." In unpleasant weather a private house afforded the town a meeting place. The town clerk was at first appointed at each meeting ; afterwards he 1 R. I. Col. Rec. vol. 2, pp. 58,190. 2 Municipal Court Rec. June 17, 1682. 3 Town Rec. Book No. 1. Town and City Government in Providence. 27 held office for a longer period. When John Whipple became town clerk his house became a favorite place for hold- ing town meetings. There seem to have been two reasons for this choice. The town clerk's house was centrally located and a customary place of resort and Whipple who as the records say, **keeps a house of publick Entertainment," ^ no doubt found "town meeting days" among the most profitable of the year. Whether in open air or under cover convenience alone seems to have determined the place of these meetings. Whenever the town of Providence assembled in a church it was because it was the most available place and not because there was any idea of a union between the religious and secular powers. A man who deemed he had business of sufficient importance to warrant the calling of a town meeting might have such a meeting called. Sometimes he was to pay *'the cost of the meeting " if the business was such as concerned him alone. The regular meetings were summoned by a town officer and those not present at the time of the meeting were subject to a fine. The business transacted at these meetings was various in its nature and involved all the subjects in which the inhabitants might be interested. The first business seems to have been the election of town and general officers. A moderator, clerk, two town deputies, town sergeant, treasurer, town coun- cil of six, and assistants and commissioners for the General Assembly and General Court were the officers elected at the earlier town meetings after the adoption of the code. Jurymen, grand and petty, surveyors, hay wards, waywardens and other minor officers are elected at later meetings. Some of these offices are subject to frequent change both in name and holders. The relations of the town to other colonies and towns, the discussion of measures proposed by the general government, local improvements and administration, division of lands, settling of certain questions arising between the 1 Municipal Court Kec, 1032. 28 Town and City Government in Providence* inhabitants, and other items occupy the minds of the townsmen assembled. Ten were at first necessary to make a quorum. Seven was in 1657 made a sufficient number to transact business legally.^ Williams saj^s there are **many purchasers who ordinarily do not and others that will not come to our Towne Meeting." This state of peace pervaded the meetings for a time, but the very nature of the inhabitants themselves and the questions considered would prevent its long continuance. When ques- tions involving personal interests, especially land questions, were considered, the meetings seem to have been "rich in debate." Many were *'far from being swift to hear and slow to speak." Williams says,' *'Our peace was like the peace of a man which hath a tertian Ague. Every other day, yea, some- times every meeting we were all on fire and had a terrible burning fit ready to come to blows about our lines." ^ In 1667 two town meetings were held and two sets of officers elected, each claiming to be lawfully chosen. Gradually this *'headiness," as Sir Henry Vane calls it, subsides. The com- mon interest and general welfare are more and more respected , though discord and tumult at town meetings continue, some- times so great *'that the moderator was put upon to dissolve the meeting." ^ There can be no doubt that vigor generally characterized the local assemblies at Providence. The officers elected at the town meetings performed the usual duties appertaining to their respective positions, and sometimes exercised special functions delegated to them by the town. ^The moderator was usually chosen first. It was his duty to preside at the meeting and to use his judgment in accepting the engagement of such town officers as were elected. Some- 1 Town Rec, October, 1657. 2Letter of Williams. R. I. Hist. Tracts, No. 14, p. 37. 3 Town Meeting Rec. 1693. Town and City Government in Providence 29 times ^'engagements" ^ were not considered satisfactory, and refused because of the character, age, or political condition of the one elected. The assistant of the town, beside his duties in the General Assembly, might call town meetings and perform such duties as belong to the moderator. He was also coroner for the town which he represented, yet if he happened to be the nearest assistant, he might be called upon to perform the duties of coroner in another town. The assistant was also ex officio a member of the Town Council.^ The presiding officer at Providence also appears under the name of chief officer, head officer, general assistant, and warden. The town clerk was to keep a record of the meetings, to record deeds and land evidences and ** other publick matters transacted in the town."^ He was also to keep a record of marriages, births, and deaths.* It seems to have been the duty of the clerk to warn and provide a place for the town meet- ings when that was necessary. One clerk served in the town, the council, and proprietors' meetings for many years. The proprietors used the same record book as the town till 1718. The records of the actions of the town council are separated from the general records soon after King Philip's War, during which many of the town records were lost. The office of town treasurer seems sometimes to have been merely honorary. In one report the treasurer says '*he has received nothing as Town Treasurer and therefore he can give no other account."^ In January, 1679, an audit committee was appointed. This committee consisted of five, and a majority of their votes was necessary in favor of any expendi- ture by the town before it could be made. Apparently this ^ " E ngagem ent, " corresponding to oath of oflSce in other colonies, given because some of the inhabitants could not submit to the "forms and cere- monies of the Church of England, or take or subscribe the oaths and arti- cles made in that behalf." Charter, 1663. 2 R. I. Col. Rec, vol. ii., p. 28. 3 Mass. Hist. Soc. Col. xix. 189. • 4 R. I. Col. Rec. vol. 3, p. 362. ^^ " ^^^^ Town Meeting Rec. vol. 1. ^ *^ '^^^ 5 > 30 Town and City G-overnment in Providence, committee performed its duties faithfully, for three months later the town finding *'the power committed to the said Auditt, doth too much abridge the Towne of their power," declared that a vote of the town legally met should be necessary for the disposal of **the Towne's moneys or Towne's Stock."* The town treasurer usually performed such duties as the office demanded, though just how he disposed of the taxes when received in beef, pork and pease is not fully explained. The town deputies,^ two in number, sometimes called town magistrates, with the assistant seem to have been the chief officers. It is stated that '*Two deputies w^ere appointed from time to time whose duties were to call town meetings, to preside in them, to settle disputes and to see their orders exe- cuted."^ They certainly seem to have been a kind of court for settling some causes and for granting some privileges and rights. Questions in regard to land came before them when not of sufficient importance for the town council. Town dep- uties do not continue under the charter of 1663. Officers having duties somewhat similar to those of the moderator, clerk, treasurer and deputies seem to have been appointed very soon after the town was settled. In the earli- est records we find mention **of him that gave warning" for the town meeting, who Williams says is ** named the officer."* The second entry in the town records reads *Hhat a Treasurer should be appointed for receiving, and as the Towne shall appoint, for expending the Towne's stock." On **the 3 die of the 10th month " [1636] it is ordered that if any be absent from the town meeting "he who keeps the books for that month is to observe, and take notice who is wanting, and pre- sent his name to the Towne. "^ In the following year two men **were deputed "to exercise such authority as the town 1 Town Meeting Rec. vol. 3, Jan. 27, 1679. 2 Town Deputies seem to be officers peculiar to E. I. 3 Mass. Hist. Col. ix. 183. * Narragansett Club Pub. vol. vi. p. 5. s Town Rec. Book I, R. I. Col. Rec, vol. 1, p. 15. Town and City Government in Providence. 31 could not easily exercise as a body, — the laying out of lands which had been granted and some minor duties. The func- tions of these officers were enlarged and continued under the government of 1647. Besides these offices other minor duties had been performed by men chosen by the town before the union of the settlements in 1647. The adoption of the **Code of 1647 " served to formulate and render stable the forms of government already existing, while it rendered necessary still greater delegation of power. The offices of moderator, clerk, treasurer and town deputies might be said to be a continuation of those which were in 1647, in a measure, established though under different titles. Further delegation of power had not so clear a precedent to recommend it as had been found for the above. There had been a certain kind of police organization in the town before 1647. There was a regulation for raising a "hub- bub." The ''arbitrators" and ''disposers" appointed under the agreement of 1640 were to exercise their authority to secure the public peace. The election of a constable is a long step in the direction of delegated power, yet the town seems to have taken this step soon after it became a chartered com- munity. The constable seems to have been the especial police authority of the town. He had a general oversight of the order in the town. When an objectionable person is known to be within the limits of the town the constable usually brings such person before the court and if he is sentenced to be removed, the constable escorts the objectionable one to the borders of the next township where he entrusts him to the constable of that town. The authority of the constable does not seem to have been respected as the town desired at first, for in 1649 it was ordered "that the constable shall have a staflf made him whereby he shall be known to have the authority of the Town's Constable." ^ While the constable was more especially the criminal officer 1 Town Records, 27 of 2 mo., 1649. 32 Town and City Government in Providence, of the town, the civil processes were not left unserved. These were entrusted to the town sergeant. Apparently this office was not established until after that of the constable, and it was a somewhat higher office, though their duties were not dis- tinctly defined. The town sergeant was generally the execu- tive officer of the meetings of the town, and at these his pres- ence is required. A town order says, ''he should be at every Towne Meeting, give his attendance upon the Towne Court." ^ He sometimes received some pay for his services. Occasion- ally he "warns the town meetings," and not infrequently his duties and those of the constable seem to be identical, but gradually they become more and more distinctly marked. Among the other early officers appointed at Providence were the hay wards, generally two in number. They were to view the fences ^ and to settle disputes arising from neglect to keep up sufficient fences. Besides these duties strictly belonging to the hay wards or hedgewards, they seem sometimes to have had the care of the woods upon the common and undivided lands, and occasionally the pound was. also under their care.^ There was a pound established at Provi- dence as early as 1652, Doubtless the cattle had found some of the fences defective before this time. The hay wards with nearly the same duties continue for many years. Under the Charter of 1643-4 and in accordance with an order of 1647 each town of ''Providence Plantations" was to elect a Town Council to consist of six men, also to appoint surveyors of the highways and military officers and "to pro- vide carefully for the relief of the poor, to maintain the impo- tent and to employ the able." Of this Town Council Callen- der says : "Each town chose a Council of six to manage town affairs, having trial of small cases but with appeal to court of the President and Assistants." * Lechford says 1 Town Records, Book No. ii. Oct. 8, 1659. 2 Town Eecords, June 2, 1656 ; Oct. 27, 1656. 3 Town Records, 1652; Town Meeting Rec, No. 3, July 27, 1687, *■ Historical Discourse. Town and City Government in Providence. 33 of New England in general, * 'every towne almost hath a petie court for small debts and trespasses under twenty shillings." * The Town Court at Providence seems to have followed the New England model thus ffir, for in June, 1656, it is ordered that the Town Court "try cases under 40s." ^ Lechford also says that "Probates of Testaments and granting of Letters of Administration are made and granted in the generall or great quarter Courts." ^ The power of pro- bate resided for a time in the head officer, who, together with the two town deputies and three men chosen by the town, made up the Council, Unlike those towns where the powers of probate resided in the "general or great quarter Courts," at Providence the Town Council itself was a kind of court of probate in which the assistant was judge. Chief Justice Dur- fee says, "The town councils of the several towns were from the first courts of probate." * The "Code of 1647" infers that it is the duty of a property-holder to dispose by will of his possessions, and if he fails to do this, the Town Council is to draw up a form of will in accordance with which it is to be divided. This function of the Town Council of Providence seems to have been exceptional. An entry in the town records shows that still other judicial powers were entrusted to the Council. It declares,' "First, all actions, all cases shall be tried by six Townsmen as in the Nature .of a Jury, yet with the Liberty of not being put on swearing." ^ Occa- sionally appeals are taken from the Council's decision, and the question is brought before the town meeting. The decisions were sometimes submitted to the town for confirmation.^ Ignorance of the law, in some instances, seems to have been ^ Plaine Dealing, p. 25. 2 Town Records, June 2, 1656. 3 Plaine Dealing, p, 39. * Gleanings from Judicial History of R. I., p. 32. .5 Town Rec, Oct. 8, 1655. '« Town Rec, Oct. 1, 1657. 34 Town and City Government in Providence. a sufficient ground for acquittal in cases brought before this court. ^ Besides its judicial powers the Town Council seems, previous to 1663, to have had a general oversight in the care of the poor, to have regulated such military arrangements as the town undertook^ and to have granted licenses. Through the town deputies the Council was brought into a kind of advi- sory board for the laying out of lands and highways, and some- times they considered the advisability of admitting to inhabita- tion such as had taken up their residence within the town limits. Through the assistant who represented the town in the General Assembly and was ex officio a member of the Town Council, this body was brought into closer relation to the general government and obtained a better knowledge of state aflFairs. Many matters requiring official action and not of suf- ficient importance to warrant the calling of a town meeting were left to the Council. The Town Council of Providence previous to the Charter of 1663, seems in a large measure to give the town interests a representation proportional to their importance. Although all the members of the Council were in the last analysis chosen by the inhabitants of the town, yet as members of the Council the assistant especially represented the interests of the state, the two deputies the interests of the proprietors, and the remain- ing three members the general town interests. The relative importance of state, landholders and people of the town would be, as shown in the Town Council, as one, two and three. It would be difficult to conceive how the settlers could have obtained a better system than this which they naturally evolved. Town Government Under the Charter of 1663. After the adoption of the Charter of 1663 the Town Council undergoes a change both in the interests represented and in its 1 TownEec, July 4, 1655. 2 R. I. Col. Rec, vol. i., 153. Town and Oity Government in Providence, 35 functions. By the General Assembly it is ordered "That each towne is impowered to appoynt a day for election of ther towne officers and to elect as to chouse Towne Counsell men, so many as to make up sixe with the Assistants." The number of assistants which Providence was to send to the General Assembly was changed from one to three. Therefore the Town Council of Providence was to be made up of three state officers and three men chosen by the town to fill up the num- ber to six. The two town deputies, who had been ex officio members of the Council, are no longer members of this body and cease to be elected. Until 1681 six was the usual num- ber of councilmen. It was then increased to nine, thus giving the town interests twice as great a representation as those of the state. About this time the Council seems to have fixed upon a '*sett time" for its meetings which were to be *'upon Every first wensday in Each month for this ensueing yeare." ^ While the Town Council retained the jurisdiction which it had before 1663, it gradually assumed new functions. Some of the power that had previously been exercised by the town deputies passed over to the Town Council. It now became the one probate authority, where questions were not referred to the town meetings. With an increase of population came an increase of public business which was more and more left to the Council. It now looks to the character of auch as take up their residence in the town, and if necessary orders the constable or sheriff to present such persons.^ The Council sometimes makes a form of will in cases where men die intes- tate.-^ It interferes with matters before considered merely personal,* though it is not suffered to extend its powers far in this direction. By the act of March 1, 1664, the towns were empowered to choose in addition to this important department of town 1 Municipal Court Rec, Jan. 25, 1680, Mar. 25, 1678. 2 Municipal Court Records, June 17, 1682. • 3 Municipal Court Records, May 27, 1680. Town Rec. June 18, 1698. * Town Meeting Records, No. 1, Feb. 20, 1700. 36 Town and City Government in Providence, government — the Town Council — **alsoe a Clarke, Treasurer, Constable and Sargant ; and that sayd officers shall receive ther ingagement from one of the Assistants." * Of these offices that of the assistant was somewhat like that of a justice of peace in the town. Deeds might be signed in his presence, and contracts made so that they would **be as authentic to all intents and purposes unto the party receiving of the deed as if every man of the town did particularly set his hand and seal." ^ The duties of the constable were the same as before receiving the charter of 1663. He might also be required to act as a fence-viewer. ^ The duties of clerk, treasurer and sergeant remain practically unchanged. The number of constables and sergeants sometimes varies.* Besides the officers ordered by the colony to be chosen, the town chose such others as it deemed needful for its internal administration. Hay wards are from time to time elected, water-bailiffs are appointed to care for the harbor and anchor- ing grounds, a town sealer of weights and measures is elected towards the latter part of the seventeenth century. ^ The clerk of the market is a less common officer. As there had been provisions made for a "faire to be annually kept," ^ this officer was to have the general charge of its arrangements. Overseers of the general fields "^ were appointed to see that the fences about the common were kept in repair, that cattle are not pastured there contrary to town orders and that other general regulations are enforced. Justices of peace do not commonly occur before the year 1700 when the town meeting records show that *'John Dexter hath this day in the open 1 R. I. Col. Rec, vol. ii., p. 27. 2 Town Rec, June 4, 1666. 3 Ibid, March 28, 1664. 4 Town Meeting Rec., June 6, 1686 also 1693. ^ Town Meeting Rec, No. 1, Jun'e 5, 1699. « Town Meeting Rec, Sept. 23, 1696. i Town Meeting Rec, No. 1, Jan. 27, 1696-7. Town and Oity Government in Providence. 37 meeting given engagement to the office of Justice of peace and received his commission." * In addition to these minor officers there were waywardens and surveyors of the land. These surveyors of the land were at first chosen in the town meeting and performed such of the duties of the town deputies as had not passed to the Town Council and waywardens. They were to lay out and have the general charge of the assignment of lands. After a few years these officers, whose duties made them the executive officers of the proprietors, came to be elected by them, and the records declare that the "Purchasers and Proprietors of this towne being met together have chosen Capt. Arthur Fenner and Tho : Olney surveyors to lay out lands and doe what fur- ther the surveiors are to doe." The waywardens were the surveyors of the highways.^ As in the case of the surveyors of the lands there were usually two in number. They are sometimes called surveyors of the high- ways or men *'to see the repairing of the highways."^ They performed many of the duties entrusted to the selectmen in other New England colonies. While they were to see to the laying out and construction of new roads, and that the inhabi- tants did their proportionate amount of the work, they were also to see that the highways were not "damnified by build- ings or other hindrances." The waywardens were, chosen in open town meeting. This name for the officers does not seem to have been common in New England outside of Providence. Thus far there have been presented the general features of the government at Providence before the 18th century. The important subject of land administration has been considered only in a general way. In almost every case questions in regard to land had hastened the development of those forms of local government which appeared in Providence during the period before 1700. ^ June 18, 1698. They are elected by the General Assembly for many years. •2 Town Ree. June 7, 1669. Town Meeting Rec. June 7, 1686. 2 Town Meeting Rec. June, 1685. ::.::"•—-,. 38 Town and City Government in Providence, Land-Holding. The land had first been purchased by Roger Williams from the Indians. Subsequent Indian claims to sections over which the original deed gave Williams the title, were frequently set- tled by additional payments. The title to the land was then, at first, in Williams alone. He soon received the twelve other settlers into the * 'fellow- ship of his purchase," affirming that he did ''freely and fully, pass, grant and make over equal right and power of enjoying and disposing the same grounds and lands unto my loving friends and neighbors." ^ William Harris, one of his "loving friends and neighbors," thus describes this transfer: "Seeing actually and immediately he did put us into equal possession of the same with himself, each one with like rights and powers to dispose thereof as ours and his." ^ Though his companions were put into "equal possession" and became freeholders, yet Williams found that this did not prevent discord, for he says, "there was hardly ever in New England, William Harris, his equal, for monstrous evil in land business and matters of dis- order as to civil government." ^ In the assignment of land, Williams seems to have had the first choice, and subsequent allotments were made as impar- tially as possible. Sometimes, as was the custom, it was decided by lot "where every man should lie." * The landed rights of a full proprietor at Providence, seem to have embraced a "home lot" or place for a dwelling, a "six acre lot " usually a tract of arable land at some little dis- tance, and a right to a sufficient amount of the "general land " to make up one hundred acres and also if there should be a division of the "common lands " a share in this division. The "home lot" or "home share" usually contained about five acres. It had a frontage of 100 to 125 feet on the ^ "Initial Deed," Town Rec. 2 Harris MSS. Letter 1667, R. I. Hist. Soc. 3 Letter 1667, R. I, Hist. Tracts, No. 14. * Mourt's Relation, p. 25, Town Rec, Mar. 14, 1661. Town and City Govei-nmeni in Providence. 39 **Towne Streete " which ran **along the river side" and, therefore, extended well back from the highway. These lots were not always of the same proportions but always long in proportion to their width thus making the settlement compact along the street. The **8ix acre lots" were somewhat remote from the town and where the soil was considered best adapted to tillage. The share in the other lands, usually about eighty or ninety acres, was laid out by the town deputies or by the town sur- veyors so as not to interfere with the claims of others. Some- times these lots were not laid out for some years after the other allotments were made. Shares in meadow lands were held and sometimes these were granted by the town in exchange for other lands which the inhabitant might surrender. "Warehouse lots" too were not infrequently granted to such as would use them in the interests of trade. Other lots are sometimes granted under special conditions. An old deed shows the general character of the divisions. It signifies that the town has laid out and delivered to the grantee **as his purchase right, certain parcels of land accord- ing to the parcels of other Purchasers, namely, a five acre house lot, sixty acres, twenty acres, six acres and five acres "^ and **also a spot of meadow about one and one-half acres also about three-fourths of an acre of meadow," making in all ninety-eight and one-fourth acres **more or less" according to the survey. This was the usual amount of land to which the purchaser had a title in the town. Besides this he had certain rights in subsequent divisions of land and to the use of the common lands or ** general fields." Some other lands were considered the property of the town as a whole. Proceeds from the sales of these lands passed into the general treasury, not to the proprietors. 1 Town Records, Sept. 25, 1661. 40 Town and City Government in Providence, Regulations and orders involving land interests especially fill many pages of the early records. It was, soon after the division of the lands, ordered *'that none sell his lot granted in our Liberties to any person but to an Inhabitant without consent of the Town." ^ Nor did those who thus i)urchased land acquire a right to all the unsold lands in the limits of the town, for they were told that "they must not think that they bought and sold the right to all the lands and meadows in common and 100 acres presently and the power of voting and all for 30s." ^ If after obtaining land they did not occupy it, they might be fined, ^ or the land might revert to the town, as the record says, after eighteen months *'fall into the Town's hand again." * Exactness in the use of terms describing lands is not characteristic of the early records. The following is exceptional : 'Hhe right of Commoning within the Commons of this Town of Providence, that is to say, for Commonage for cattle, privileges for fire wood, for Building timber, for timber for fencing, etc., but no claim to be laid to any land thereby." ^ Right of commoning might be granted in pro- portion to the amount of land held, as in the case of the "quarter-right purchasers," who have "the right of common- ing according to the said proportion of lands," ^ or it might be a special privilege as upon petition of "John Smyth "it is ordered "that the said John Smyth shall have liberty for feed- ing four Cattle and taking of firing and fencing, etc., untill the Towne shall see Cause to the contrary," '' and in some cases is forbidden altogether,^ while instances where rights to land are much confused are not infrequent. In general it may 1 Town Rec, 3 die of the 10 month. 2 Letter of Williams, R. I. Hist. Tracts No. 14. 3 Town Rec, 3 die of the 10 month. 4 Ibid. •^ Ibid, Oct. 3, 1666. « Ibid, 19th 11 mo., 1645, 7 Ibid, Jan. 27, 1659. 8 Ibid, Oct. 27, 1659. Town and City Government in Providence. 41 be said that the land system at Providence was more simple than that in many sections ot New England.* Ownership of land was usually made the basis of taxation in the early years, for this was the source of the town's income. Its inhabitants were not capitalists nor were they supported by outside aid. Thus they order '