Agreement at Providence
|Wee, Robert Coles, Chad Browne,
William Harris, and John Warner, being freely chosen by the consent of
our loving friends and neighbors the Inhabitants of this Towne of Providence,
having many dig erences amongst us, they being freely willing and also
bound themselves to stand to our Arbitration in all differences amongst
us to rest contented in our determination, being so betrusted we have seriously
and carefully indeavoured to weigh and consider all those differences,
being desirous to bringe to unity and peace, although our abilities are
farr short in the due examination of such weighty things, yet so farre
as we conceive in laying all things together we have gone the fairest and
the equallest way to produce our peace.
I. Agreed, We have with one consent agreed that in the parting those particular properties which some of our friends and neighbors have in Patuxit, from the general Common of our towne of Providence, to run uppon a straight line from a fresh spring being in the Gulley, at the head of that cove running by that point of land called Saxafras unto the towne of Mashipawogt to an oake tree standing neere unto the corn field, being at this time the nearest corn field unto Patuxit, the cake tree having four marks with an axe, till some other land marke be set for a certaine bound. Also, we agree that if any meadow ground lyeing and joineing to that Meadow, that borders uppon the River of Patuxit come within the aforesaid line, which will not come within a straight line from long Cove to the marked tree, then for that meadow to belong to Pawtuxit, and so beyond the towne of Mashipawog from the oake tree between the two fresh Rivers Pawtuxit and Waanasquatucket of an even Distance.
II. Agreed. We have with one
consent agreed that for the disposeing, of those lands that shall be disposed
belonging to this towne of Providence to be in the whole Inhabitants by
the choise of five men for generall disposeall, to betrusted with disposeall
of lands and also of the towne Stocke, and all Generall things and not
to receive in any six dayes at townesmen, but first to give the Inhabitants
notice to consider if any have just cause to shew against the receiving
of him as you can apprehend, and to receive none but such as subscribe
to this our determination. Also, we agree that if any of our neighbours
doe apprehend himselfe wronged by these or any of these 5 disposers, that
at the Generall towne meeting he may have a tryall.
III. Agreed, that after many Considerations and Consultations of our owne State and alsoe of States abroad in way of government, we apprehend, no way so suitable to our Condition as government by way of Arbitration. But if men agree themselves by arbitration, no State we know of disallows that, neither doe we: But if men refuse that which is but common humanity betweene man and man, then to compel such unreasonable persons to a reasonable way, we agree that the 5 disposers shall have power to compel him to choose two men himselfe, or if he refuse, for them to choose two men to arbitrate his cause, and if these foure men chosen by every partie do end the cause, then to see theire determination performed and the faultive to pay the Arbitrators for theire time spent in it: But if these foure men doe not end it, then for the 5 disposers to choose three men to put an end to it, and for the certainty thereof, wee agree the major part of the 5 disposers to choose the 3 men, and the major part of the 3 men to end the cause haveing power from the 5 disposers by a note under theire hand to performe it, and the faultive not agreeing in the first to pay the charge of the last, and for the Arbitrators to follow no imployment til the cause be ended without consent of the whole that have to doe with the cause.
Instance. In the first Arbitration the offender may offer reasonable terms of peace, and the offended may exact upon him and refuse and trouble men beyond reasonable satisfaction; so for the last arbitrators to judge where the fault was, in not agreeing in the first, to pay the charge of the last.
IV. Agreed, that if any person
damnify any man, either in goods of good name, and the person offended
follow not the cause uppon the Vendor, that if any person give notice to
the 5 Disposers, they shall call the party delinquent to answer by Arbitration.
V. Agreed, for all the whole Inhabitants to combine ourselves to assist any man in the pursuit of any party delinquent, with all best endeavours to attack him: but if any man raise a hubbub and there be no just cause, then for the party that raised the hubbub to satisfy men for their time lost in it.
VI. Agreed, that if any man
have a difference with any of the 5 Disposers which cannot be deferred
till general meeting of the towne, then he may have the Clerk call the
towne together at his [discretion] for a tryall.
VII. Agreed, that the towne, by the five men shall give every man a deed of all his lands lying within the bounds of the Plantations, to hould it by for after ages.
VIII. Agreed, that the 5 disposers shall from the date hereof, meete every month-day uppon General things and at the quarter-day to yeeld a new choice and give up their old Accounts.
IX. Agreed, that the Clerke shall call the 5 Disposers together at the month-day, and the general! towne together every quarter, to meete uppon general occasions from the date hereof.
X. Agreed, that the Clerke is to receive for every cause that comes to the towne for a tryall 4d. for making each deed 12d. and to give up the booke to the towne at the yeeres' end and yeeld to a new choice.
XI. Agreed, that all acts of disposall on both sides to stand since the difference.
XII. Agreed, that every man
that hath not paid in his purchase money for his Plantation shall make
up his 10s. to be 30s. equal with the first purchasers: and for all that
are received townsmen hereafter, to pay the like summe of money to the
[Thirty-nine signatures follow.]