Note D. p. 180.
[From Hazard’s State Papers, vol. i.]
Report of Arbitrators at Providence, containing proposals for a form of government:
“Providence, the 27th of the 5th month, }
in the year (so called) 1640. }
“We, Robert Coles, Chad Browne, William Harris, and John Warren, being freely chosen by the consent of our loving friends and neighbors, the inhabitants of this town of Providence, having many differences 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 endeavored to weigh and consider all these differences, being desirous to bring to unity and peace, although our abilities are far short in the due examination of such weighty things, yet so far 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 proprieties which some of our friends and neighbors have in Pawtuxet from the general common of our town of Providence, to run upon a straight line upon a fresh spring, being in the gully at the head of that cove, running by that point of land called Sassafras, unto the town of Mashapaug, to an oak tree standing near unto the corn-field, being at this time the nearest corn-field unto Pawtuxet, the oak tree having four marks with an axe, till some other landmark be set for a certain bound. Also we agree, that if any meadow ground lying and joining to that meadow that borders upon the river of Pawtuxet, 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 Pawtuxet, and so beyond the town of Mashapaug from the oak tree between the two fresh rivers Pawtuxet and Wanasquatucket, of an even distance.
“II. Agreed. We have with one consent agreed that for the disposing of those lands that shall be disposed, belonging to this town of Providence, to be in the whole inhabitants by the choice of five men for general disposal, to be betrusted with disposal of lands and also of the town’s stock, and all general things, and not to receive in any in six days as townsmen, but first to give the inhabitants notice to consider if any have just cause to show 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 neighbors do apprehend himself wronged by these or any of these five disposers, that at the general town meeting he may have a trial.
“Also, we agree for the town to choose, beside the other five men, one or more to keep record of all things belonging to the town and lying in common.
“We agree, as formerly hath been the liberties of the town, so still to hold forth liberty of conscience.
“III. Agreed, that after many considerations and consultations of our own State and also of other 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 do we. But if men refuse that which is but common humanity between man and man, then to compel such unreasonable persons to a reasonable way, we agree that the five disposers shall have power to compel him either to choose two men himself, or if he refuse, for them to choose two men to arbitrate his cause, and if these four men chosen by every party do end the cause, then to see their determination performed, and the faultive to pay the arbitrators for their time spent in it. But if these four men do not end it, then for the five disposers to choose three men to put an end to it. And for the certainty hereof we agree the major part of the five disposers to choose the three men, and the major part of the three men to end the cause, having power from the five disposers, by a note under their hand, to perform it; and the faultive not agreeing in the first to pay the charge of the last, and for the arbitrators to follow no employment until the cause be ended, without consent of the whole that have to do 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 in the last.
“IV. Agreed, that if any person damnify any man, either in goods or good name, and the person offended follow not the cause upon the offender, that if any person give notice to the five disposers, they shall call the party delinquent to answer by arbitration.
“Instance. Thus, if any person abuse another in person or goods, may be for peace sake a man will at present put it up, and it may so be resolve to revenge: therefore, for the peace of the State, the disposers are to look to it in the first place.
“V. Agreed, for all the whole inhabitants to combine ourselves to assist any man in the pursuit of any party delinquent, with all our best endeavors 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 five, then he may have the clerk call the town together at his for a trial.
“Instance. It may be a man may be to depart the land, or to a far part of the land, or his estate may lie upon a speedy trial, or the like case may fall out.
“VII. Agreed, that the town, by five men, shall give every man a deed of all his lands lying within the bounds of the plantation to hold it by for after ages.
“VIII. Agreed, that the five disposers shall, from the date hereof, meet every month day upon general things, and at the quarter day to yield a new choice, and give up their old accounts.
“IX. Agreed, that the clerk shall call the five disposers together at the month day, and the general town together every quarter, to meet upon general occasions, from the date hereof.
“X. Agreed, that the clerk is to receive for every cause that comes to the town for a trial, 4d.; for making each deed, 12d.; and to give up the book to the town at the year’s end, and yield to a new choice.
“XI. Agreed, that all acts of disposal on both sides to stand since the difference.
“XII. Agreed, that every man who hath not paid in his purchase money for his plantation, shall make up his 10s. to be 30s. equal with the first purchases; and for all that are received townsmen hereafter to pay the like sum of money to the town stock.
“These being those things we have generally concluded on for our peace, we desiring our loving friends to receive as our absolute determination, laying ourselves down as subject to it.”