Providence Plantation Agreement
27 August to 6 September 1640
Settlement of disputes,
Identification, and Establishment of governance for the "Town of
Robert Coles, Chad Browne, William
Harris, and John Warner, being freely chosen by the consent of
friends and neighbors the Inhabitants of Providence
Signed by 39 free
proprietors of 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 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 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.
1. 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.
2. 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.
Also wee agree for the towne to choose beside the other five men one or more
to keepe Record of all things belonging to the towne and lying in Common, Wee agree, as formerly hath bin the liberties of the town, so still, to hould
forth liberty of Conscience.
3. 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.
4. 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.
Instance, Thus, if any person abuse an other 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.
5. 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.
6. 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.
Instance. It may be, a man may be to depart the land, or to a fare parse of
the land; or his estate may lye uppon a speedy tryall or the like case may fall
7. 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
8. 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.
9. 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.
10. 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.
11. Agreed, that all acts of disposall on both sides to stand since the
12. 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 towne stocke.
These being those things wee have generally concluded on, for our peace, we
desireing our loving friends to receive as our absolute determination, laying
ourselves downe as subjects to it.