A History of Barrington, Rhode Island/Chapter 7

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A History of Barrington, Rhode Island (1898)
by Thomas Williams Bicknell
2052569A History of Barrington, Rhode Island — Chapter 71898Thomas Williams Bicknell

CHAPTER VII

SOWAMS RECORDS

Plymouth Proprietors—Division of Lands and Land Titles—The Sowams Records — Rehoboth, Differences and Agreements—Titles to lands—Proprietors' Lands as Divided.

THE original proprietors of Sowams dwelt at Plymouth and the neighboring towns. As this was the capital town of the colony, it was the most convenient place for assembling the proprietors for the transaction of all business connected with the division and settlement of the territory under their charge, and here the first meetings of the original owners of all the Plymouth colony proprietorships were held. These joint stock companies purchased the lands, assumed all charges with reference to the survey and division of them, and sold, as occasion offered, to those who wished to become actual settlers on them. Often the same men held shares or interests in several proprietaries, just as now a man may hold shares and a control in several banks. The democratic principle of majority rule usually prevailed in their business relations, and their records were kept by an officer called the Proprietor's clerk. The settlers' titles to the lands were secured by the Indian deeds and confirmed by grants from the Plymouth Courts. The several divisions of the land were recorded by the clerk, and this record constituted each proprietor's claim to the lands. Legal sales were confirmed by deeds, which are the first land records in our town and county offices. The first business of the proprietors was the division of the whole of the land grant into shares, and the assignment to each share of a particular portion of the upland, both timbered and cleared. Each of these lots consisted originally of eighty acres, and a whole share was entitled to two lots or one hundred and sixty acres. The land was surveyed and divided on this plan, the length of the lots extended east and west, and they were numbered one, two, three, etc., commencing on the south line of the grant. The fresh and salt meadows adjoining the creeks and rivers, were divided into lots of ten acres each, as far as could be. Sometimes the share of meadow lands was in two localities, in order that an equal quality as well as quantity might be assigned to each.

While carefully consulting for their business prosperity, the early settlers did not forget that the highest success of their undertakings depended not only on the planting of good settlers as the basis of a thriving town, but also in the encouragement of education, morality, and religion as agencies in sustaining its truest interests; hence, we find their first acts were to establish a godly ministry and an efficient system of public schools. In order that the pastor and teacher might receive a part of their support, independent of the usual contributions of the people, certain lands were set apart, called "the pastor's and teacher's lands," and "school lands," the proceeds of which aided in their maintenance. These lands were set apart and used as funds for these noble purposes, until, by a multiplication of church interests, the establishment of several churches, and the divisions of the old town, they have been sub-divided and sold for the benefit of each particular interest which claimed them.

Besides the "home lots," as they were called, "the meadow lots" and "pastor's and teacher's lots," the remaining patches of undivided lands, lying in parcels of a few acres each in different parts of the town, were called "common lots," subject at any time to the disposal of a majority of the proprietors, and the proceeds to be used for their common benefit.

The proprietor's records of Sowams are of great value to Barrington, relating as they do to the acts of the first settlers, and the land divisions of the town of Barrington. This book of records is in the office of the town clerk of Barrington, The superscription on the old book is:

MEMORIALL OR BOOKE

OF RECORDS OF YE SEVERALL

DIVISIONS & BOUNDS OF YE

LANDS AT SAWOMES ALS. SA-

WAMSETT & PARTS ADJACENT

PURCHASED OF YE GREAT SACH

EM OSAMEQUiN & WAMSETTO

HIS ELDEST SONNE BY CERTAINE

GENTLEMEN OF YE ANCIENT INHABI-

TANTS OF YE COLONY OF NEW

PLYMOUTH IN N. E. BY ORDER OF YE

GEN'EL COURT. AS BY DEED BEARING

DATE TWENTY NINTH DAY OF

MARCH 1653

May Apeare.


Mr. James Brown, Mr. John Allen, Mr. John Viall, and Mr. John Saffin and divers other proprietors petitioned the Court at Plymouth to allow them the "choice of some person as a Cleark to enter and record the several! devitions and alienations of these their lands," "for the right and legal settlement of those our severall estates of land," "to the end that peace and good agreement may be continued amongst them as they are a Community and that every of them may legally and peacably enjoy his own." The original agreement or copartnership, is dated the 7th month 1652, and appears on page 59. Then the deed of Osamequin or Massassoit under date of March 20, 1653, follows, and appears on page 62.

The next record was an agreement made between Stephen Payne, Richard Bowen, Thomas Cooper, and William Sabine, delegates of Rehoboth, and Capt. Myles Standish, Captain Thomas Willett, and Josiah Winslow of the Sowams purchase, concerning such lands and all other matters as were in difference between them. The differences related first to the boundary line and fence dividing Rehoboth and Sowams purchases, and second to the rights of Rehoboth to salt meadows at the place now known as Hundred Acre Cove and along the banks of Runen's River. This agreement was as follows:

1. That all such marsh or meadow Lyeing on either side of the river Running under the Bridge commonly called Bowen's Bridge or the common ffence and usually called the hundred Acres, which said Meadow were Alloted in severall Allotments at the first settling of the Towne. All those Meadows are to Remain unto the Severall Inhabitants of the Towns as their true Proprities.

2. That all such Lands as the Towne of Rehoboth formerly passed over unto Mr. John Browne by an agreement of such Articles as now stand in the Towne Booke bearing the date the 29th, 10th month, 1645, and also recorded in the Court of Plymouth the Summe of the said Lands so many Acres as the said Lands shall arise unto when it is measured shall be Layd forth for the use of the said Capt. Miles Standish, Capt. Thomas Willett, Josia Winslow, and the rest, on the north side of the Lyne betwixt the Towne and the markt trees neere to Mr. Browne's ffence from the salt water to the river called Bownes Bridge River.

3. For all such marshes as lye on the west side of the river running down toward the Common ffence and Butting on the East End of some house Lotts now layd forth. If ye said Capt. Standish, Capt. Willett, Josia Winslow, and the rest shall desire the same at any tyme hereafter, they shall have them allowing the true valuation thereof out of such Meadows as lyes upon ye west shoare of Sawams River at the uper End of the same as shall be valued by two Indifferent men.

4. That the Towne of Rehoboth at any time within three years after the date hereof shall Remove the Common flfence and in the meantime Sufficiently repair the Same. And when they doe Remove ye same they shall Sett it upon their own Land in the Lyne betwixt the Towne and the Parties aforsad from the salt water at High water marke of Patuckitt into the River running under Bowens Bridge & uphold itt.

5. The Town of Rehoboth shall make a sufficient ffence to keepe horses and cattle from Rangeing into the neck of land called the new Meadow Neck and maintaine the same.

6. That Timber on Ether side shall be Lawfull to be made use of from time to time for the Meadows aforesaid for their fencing.

7. That ffor such meadows as Lye to the north Syde of the great Plaine it shall be Lawfull for the Towne to make vse of untill ye aforesaid Persons interested doe see cause to vse ye sd meadows, or if att any time they shall sell them, the Towne to have ye first refusall of Buying them.

Stephen Payne, Thomas Cooper,
Richard Bowen, William Sabin.
A supplementary agreement was made between the same parties nine years later, 1662, which set other important matters of dispute between Rehoboth and Sowams at rest. It was as follows.

January the 29th, 62, A new Contract or agreement was made betwixt Capt. Thomas Willett and the rest of the purchasers and the Towne of Rehoboth to prevent both preasant and future Trouble as also for the preservation of their mutual peace to them and their successors. At a full Towne meeting Lawfully warned it was voted and concluded by the Towne that Capt. Thomas Willett and the rest of the purchasers their heirs and successors should have seaven score Rod of Land and the fence upon the neck from their Line towards the Towne and soe rangeing from the river Commonly Called Patuxet river across the Neck to the river by Bowens Bridge and forty rod of Land on the New meadow Neck and the fence from there Lyne towards the Towne Cross the neck towards broad Cove.

Provided the Towne their heirs and successors should forever be freed from all former ingagements or Covenants of either making or upholding any fence or fences upon the forementioned Neck or Necks. To which proposition Capt. Willett and the rest of the purchasers assented and Capt. Willett promised to delivr to the Town the wrightings in convenient time.

Ensine Smith and Phillip Walker, Joseph Peck and Nicholas Peck were chosen by the Town and purchasers to Measure out the lands and the charges to be equally Divided.

This forementioned vote was assented to by the Towne save only Gilbert Brooks and John Woodcock who declared their dissent.

The differences between the Sowams and Rehoboth people need a little explanation. "The river running under the bridge called Bowen's Bridge River," now known as Runen's River, is the fresh water tributary of the Barrington river flowing South from Seekonk. It received its name from Richard Bowen, a large proprietor of lands along this stream. As is well known there were and are extensive fresh and salt meadows on both sides of this river and about Hundred Acre Cove, which were eagerly sought for by the early settlers of Rehoboth, to furnish food for cattle and horses in the winter. The possession and taxation of these meadows furnished occasion for dispute between the two communities for nearly a century. Many portions of these meadows at "The Tongue," east and south of Nockum Hill, are still owned by descendants of the proprietors of Rehoboth. "The Common Fence" was built to establish the south boundary line of Rehoboth and to prevent intrusion of cattle upon the lands of the Indians at Wannamoisett and Sowams.

It was built in obedience to the following vote of the town December 26, 1645. "Voted, that a fence shall bee made between the Indian lands, at the marked tree, from sea to sea, by the last day of the second month next, and the fence of five rails to be laid out by Robert Martin and Edward Smith and 2 more, and they shall begin at the East side of the Neck, and so to the West." This fence is described as a "five Rayle fence," extending from "Patuckquet," now Providence river, to the river by "Bowen's Bridge," now known as Runen's Bridge, across the upper end of New Meadow Neck to Broad Cove, the name given to that part of Palmer's River, near Barneysville. In 1662, the boundary line between Rehoboth and Sowams was removed about half a mile to the North, thus giving to the Wannamoisett settlers a larger amount of territory in their plantation, on condition that the people on the south of the line should build and keep the fence in repair. This line began on the Providence River between the Pomham rocks and Silver Spring and ran in an easterly direction to the upper part of Barrington River, thence easterly across New Meadow Neck to Palmer's River, not very far from the present village of Barneysville. This line, established in 1662, became the northern boundary line of Swansea when it was laid out in 1667. It will be understood that the territorial troubles grew out of the indistinctness of metes and bounds in the Indian deeds, and it is greatly to the credit of the good sense and honorable dealing of the proprietors of the two settlements that matters were adjusted so peaceably and satisfactorily. Stephen Payne of Rehoboth and Thomas Willett of Sowams were the peacemakers of these ancient towns, and their example has been helpful to a spirit of concession and comity between their successors in town affairs to the present day.

While the contents of the Sowams Proprietors' Records contain matter of great interest to our readers, it is possible in this connection to give only a brief outline of these ancient records. Under date of April 2, 1653, eight proprietors agreed to exchange certain common lands with John Brown.

Dec. 28, 1676, an agreement was entered into relative to the undivided lands, the lands obtained by conquest of the Indians, and the laying out of convenient highways.

Dec. 30, 1676, John Allen, Capt. John Brown, John Saffin, and Stephen Paine, Sen., or his son Nathaniel Paine, were chosen a committee to divide the lands, lay out the home lots, establish the bounds and describe the same, "and lay out convenient highways both public and private, as they shall in their judgement think needful."

April 11, 1679, it was agreed on laying out "the home lots butting upon the river," "the great lots extending from the large beach that buts upon the bay or great river," and run to a highway through the Dead Swamp, also, "that the lower part of the neck at the front of the said great lots that shall but upon the said lyne from the long beach, together with the little neck of land lying upon the river near Mr. Allen's meadow shall at present remain in Common."

On the same day it was agreed to draw lots for the division of the great lots at Popanomscutt, and the lots fell in order to the following persons: Lieut. Peter Hunt, Thomas Chaffee, John Allen, Nathaniel Peck, Samuel Newman, Stephen Paine, John Saffin, James and John Brown.

August 28th, the home lots at Popanomscutt were drawn in the following order by Lieut. Peter Hunt, Stephen Paine, John Saffin, Thomas Chaffee, Samuel Newman and partners, James Brown and John Brown, Capt. Willett's heirs, and Israel Peck and partners.

On the 15th of March, 1679, the proprietors of Popanomscutt or Peebees Neck agreed as to the general fence of the Neck near Mr. Anthony Low's land, the laying out of long lots and highways, that no lands should be sold until they had been proffered to a proprietor for purchase, and that the Neck should be kept enclosed "from the first of May to the nine and twentieth day of September, Michaelmas Day, and that the proprietors may each one have the benefit of the fence according to their respective shares."

Jan. 14, 1680, it was concluded to lay out a highway "through the midst of Chachapacassett Neck, of two rods wide," that a roadway be laid out for carting hay between the meadows and the upland, and that the lots begin on the west side of the highway of two rods wide and so around to Scamscammuck Spring; that Mr. Allen have his allotment on the south side of his house lot, and to others in the following order: Samuel Newman and partners, Nathaniel Paine and partners, John Allen, Nathaniel Peck and Israel Peck, James Brown, Lieut. Peter Hunt, John Saffin, and John Brown. Other lots were drawn by the same parties and by Jonathan Bosworth and Abraham Perren. These lands were at Rumstick or Little Neck.

Sept. 29, 1681, Captain John Brown was chosen as recorder of lands and highways, and was sworn to the duties of Clerk by Daniel Smith, Asst.

On Jan. 2, 1681, John Brown, John Allen, and John Saffin laid out the highways on Popanomscutt or Peebees Neck, first establishing the long lyne on the back side of the Dead Swamp and then "starting and marking out the meadows," (salt) extending around what is now known as Rumstick Point from Scamscammuck Spring, "about the neck, untill you come to the uttermost extent of the meadows as Nayeot." The Great Highway was laid out four rods wide, from "the longe lyne, or northerly bounds of the Neck," "down the said neck nearest upon a North and South lyne soe far as the home lots extend southerly," "to a highway four rods wide to the west side of Hydes Hole and from thence towards the beach eighteen chains and of the same width." Also from and out of the southerly highway down the Little Neck called Chachapacassett, another highway two rods broad was run extending down to the meadows. — Also a highway out of the grand way at the head of the home lots, two rods wide, by land of Mr. Saffin towards Mr. Low's land, and easterly to the river. — Also another highway from the grand highway to the river between the home lots of Thomas Chafee and John Saffin, two rods wide.

The Committee also did "run out and mark the easterly side of Capt. Myles Standish deceased his lot, which runsupon a South lyne by the compass aforesaid down from the long lyne."

The records continue, describing the sixteen divisions of the meadows salt and fresh at Kickemuit, Mount Hope, and Poppasquash Neck to Belcher's Creek and Popanomscutt. The original proprietors of these meadows in their order were Capt. Myles Standish, who sold to John Brown and Captain Thomas Willett; Experience Mitchell, who also sold to Brown and Willett; John Adams, who sold to John Allen and Joseph Peck; Resolved White, who sold to Stephen Paine; Thomas Willett; Stephen Paine and the Browns; Stephen Paine, who sold to Henry Smith and Philip Walker; Capt. Thomas Willett; John Adams; Thomas Clarke; John Winslow, who sold to Stephen Paine, Anthony Low; John Winslow, who sold to Stephen Paine; Capt. Thomas Willett and Josiah Winslow, who sold to Stephen Paine and Peter Hunt. The bounds of these meadows are various and "illusory,"—"A small black oak," "the head of a creek or cove which lyeth north and by east Easterly to Rocke Run," "below the said passage with canoes that is over against Job Winslow's now dwelling house," "a broakhen red oak tree ranging with three stakes or stones in the meadows," "a stake marked five on one side and six on the other," "the rocks by the ferry going over from Mt. Hope to Rhode Island which now belongs to the Paines," "a heap of stones at the poynt towards the North," "the elm tree and willow bushes," "a white oak blown up by the roots," "a great white oak marked ten on the one side and eleven on the other," "a stake by the beach side by the head of a flaggy pond," "an ould stump upon the upland of Brooks Pasture, running from the stump upon a flatt rock."

Under date of December 25, 1660, appears the following record:

John Brown, Peter Hunt,
Thomas Willett, Henry Smith,
Stephen Paine, Philip Walker,
Joseph Peck, Thomas Chaffee,
John Allen, Samuel Newman.

POPANOMSCUTT LANDS.

"We whose names are hereunder written the proprietors of these lands called and known by the name of Sowames lands do unanimously and jointly bind ourselves and covenant to perform these petitions. First. That none of us shall at any time let or sell any of the said lands to any stranger that is not already a proprietor with us, without the joint consent of us all subscribed under our hands, vid, neither uplands nor meadow. The meadows, fresh or salt, about Popanomscutt or Peebees Neck, alias Barrington, were divided and owned as follows:

The first lot, originally Thomas Clarke's and sold to John Allen, extended from Barrington Bridge along the Swansea or Sowams River to a point near Scamscammuck Spring.

The next lot south, on the east side of Chachapacassett Neck, was owned by John Adams and Joseph Peck.

Lot number three, beginning at "a great rock in the Bay," at the south end of the Neck, and extending about "Hide's Hole," was a common lot, and was bought by John Allen, the Pecks, Browns, Samuel Newman the Rehoboth minister, and others.

Gov. Bradford owned the fourth lot, which extended along the Bay, from "Hide's Hole" towards Nayatt, and sold it to Rev, Mr. Newman, Nathaniel and Israel Peck.

John Brown, Senior, was the proprietor of the lands from this tract to Nayatt Point, which were transferred to his sons, James and Capt. John Brown.

"The next lot, originally Capt. Miles Standishes, begineth at Nayat beach or creek and takes in all the meadow of any sort or kind on both sides of the creek and takes in all the meadow of any sort or kind on both sides of Mouscochuck northerly creek, and also on both sides the easterly creek and'all the meadow on Anawomscutt creek so far up as the moable land lyeth according to the tenor of the grand deed, all which meadow situate lying and being on the easterly creek and all the meadow on the east side of the northerly creek and all the meadow on Nayett side pertaineth to Mr. James Brown and Capt. Brown. And all the other meadows on the West side of the northerly creek and all the meadows lying upon Anawomscut creek pertains to Capt. Thomas Willett since Alliannated to William Allen."

LANDS UPON NEW MEADOW NECK AND WARREN AND PALMERS RIVERS.

The first lot, commencing at Tyler's Point and extending along the shore of Warren River to Kelley's Bridge, was owned by Experience Mitchel and sold to John Brown, Senior. Above this lay a common meadow, which adjoined a lot of Thomas Cushman's, bought by Thomas Willett.

Gov. Prince owned the next lot on the north, and sold it to John Brown, Senior.

Josiah and John Winslow owned the meadows about Barneysville, and Thomas Willett owned "two lots of meadow land called Broad Cove," supposed to be what is now the part of Palmer's River near Barneysville.

John Adams chose the lands on the west side of Palmer's river, "over against Rocky River," and sold to Joseph Peck and John Allen, Senior, His nearest neighbor on the north was John Winslow, who owned all the meadow and mowable land to the upper end of the Salt Marsh River, called New Meadow now Palmer's River.

On the East side of the river, Josiah Winslow owned a tract "near or by the clay pits," where bricks were manufactured, above Barneysville.

Lots two and three originally belonged to Thomas Cushman, which he sold to Capt. Willett. They extended from the clay pits "to a white oake marked and blown up by the roots on an island of upland in the said meadow to a certain white oake tree on the upland likewyse blown up." A special bounty is offered to the person who will identify the last named bounds.

The next lot begins "at the root of the white oak tree, where the two last lots end," and extends southerly. It was owned by the Whites, Peregrine and Resolved.

The fifth and sixth lots lay to the west of Rock Raymond and Judge Haile's residence, and were owned by Josiah Winslow and Governor Bradford, and bounded by flat rocks and pine trees.

The last lot in this section was owned by Governor Prince, and extended along Belcher's Creek and Cove.

Such is the summary of the meadow lands of the original proprietors, as attested by John Allen, Noah Floyd and John Brown, who were appointed in 1681 a committee to search, examine, and state these things to their best skill and ability.

I have thus traced out these proprietorships at Sowams, that the owners thereof of to-day may know through what a noble line their heritage has descended, and if their pleasure in knowing fully equals my own in the research, we shall both be repaid by what might seem to some a tedious trial of one's patience, if not "Love's labor lost."

TOWN AND LAND FENCES.

It was the custom in olden time, not only to fence the lands of individuals, but also to surround the whole township with a fence.

At the first meeting of the original planters of Rehoboth, held at "Weimoth the 24th of the 8th month (October) 1643." "It was ordered that those who have lottes granted and are . . . . . inhabitants, shall fence the one end of their lottes and their part in the common fence, in the same time, by the 20th day of April next, or else forfeit their lottes to the disposal of the plantation,"

It will readily be seen that fencing "one end of their lottes," secured the inclosure of the whole plantation, while the "common fence" spoken of, probably refers to the fence which inclosed the whole town, built in common by the settlers. As the south line of Rehoboth was the north line of Sowams and afterwards of Swansea, a part of the "common fence" or town fence here referred to, was the original boundary between the two settlements. This fence is described as a "five Rayle fence," extending from "Patuckquet," now the Providence River, to the river by Bowen's Bridge, which is now known as Runen's Bridge, across the upper end of New Meadow Neck towards Broad Cove, a name given to a part of Palmer's or Warren River, near the village of Barneysville. That portion of the line of fence between old Swansea and Seekonk, I have been able to trace a portion of the way between Providence and Runen's rivers, and suppose that it extended in nearly an east and west direction between these rivers, and a considerable distance north of the present boundary line between Barrington and East Providence. The eastern, western, and southern boundaries of Sowams and of Old Swansea had a water enclosure with the exception of that part which adjoined the Indian settlements, and the territory of Montop Neck. A fence was built across the Neck near the present boundary line between the towns of Bristol and Warren, and was the basis of it. These several fences prevented the cattle, horses and hogs, which were allowed to run at large on the common lands, from makin depredations upon the lands of the Indians, which were not fenced, and also aided in preserving friendly relations between them and their more civilized neighbors.

NAMES OF PROPRIETORS AT SOWAMS, PRIOR TO 1680.

William Bradford, John Winslow,
Thomas Prince, Experience Mitchell,
Edward Winslow, Knelm Winslow,
Thomas Cushman, Resolved White,
Thomas Clark, Peregrine White,
John Adams, Myles Standish, Sen.,
Josiah Winslow, James Brown,
Thomas Willett, John Saffin,
John Brown, Nathaniel Paine,
Stephen Paine, Stephen Paine, Jr.,
Joseph Peck, Israel Peck,
John Allen, Jona Bosworth,
Peter Hunt, Joseph Chaffee,
Henry Smith, Abraham Perrin,
Philip Walker, James Brown, Jr.,
Thomas Chaffee, John Vial,
Samuel Newman, Nicholas Tanner,
Noah Floyd, Samuel Luther,
Hugh Cole, John Myles, Jr.,
John Myles, William Ingraham,
Sampson Mason, Jno. Butterworth,
Obadiah Brown, Sen., Benjamin Albee,
Job Winslow, John Martin,
Richard Sharp, Gideon Allen,
John Paddock, Nathaniel Toogood,
John West, John Cole,
John Thurber, Joseph Carpenter,
Thomas Estabrook, Anthony Low,

VIEW AT NAYATT, LOOKING SOUTH.

Timothy Brooks, Richard Burgess,
John Crabtree, Robert Jones,
Thomas Barnes, Robert Jones,
John Wheaton, Nehemiah Allen,
Jacob Ingraham, Gideon Allen,
William Hayward, Thomas Mann,
Samuel Woodbury, Roger Kinnicutt,
George May, John Thurber, Jr.,
Joseph Wheaton, William Bartram,
Zachariah Eddy, Nehemiah Allen,
James Cole, John Dicks,
Thomas Manning, Hugh Cole, Jr.,
Nathaniel Lewis, Obadiah Bowen,
Richard Heath, Nicholas Peck,
Richard Johnson, Samuel Walker,
Hezekiah Luther, Eldad Kingsley,
John Martin, Caleb Eddy,
William Salisbury, Joseph Kent,
William Hammond, Jeremiah Child,
Nicholas Lange, John West.
William Cahoone.