togeather with such as the allordering hand of God in his providence soone added unto them, have been at very great charges to procure the [Said] lands, priviledges, and freedoms from all intangl[e]ments, as may appeare by diverse and sundrie deeds, inlargments of grants, purchases, and1 payments of debts, etc., by reason wherof the title to the day of these presents [this present] [234] remaineth in the said. William Bradford, his heires, associates, and assignes: now, for the better setling of the estate [State] of the said lands [aforesaid] (contained in the grant or pattente), the said William Bradford, and those first instruments termed and called in sondry orders upon publick recorde, The Purchasers, or Old comers; witnes 2. in [e]spetiall, the one bearing date the 3. [5] of March, 1639. the other in Des[ember]: the 1. Anno 1640. wherunto these presents have spetiall relation and agreemente, and wherby they are distinguished from 1 Not in second version. 2 The words in parenthesis are not in the second version. * If the entries in Plymouth Col. Rec., xI., follow a chronological order, at some time between 1633 and 1636, the question of recognizing the services and sacrifices of those who had borne the privations of the early settlement came before the freemen. The resolution took this form: "That whereas as well the lands within this patent as the municon etc. was bought by way of purchase by diverse the Inhabitants of new Plymouth and that the said purchasers are possessed but of smale proporčons of land and many of them meane. It is therefore thought meet that the said purchasers shall hold and haue reserved for themselues and their heires so much land in such place and places as they shall judge meete and convenient for themselues and their heires aforesaid. "That such children as are heer borne and next unto them such as are here brought up under their parents and are come to age of discretion allowed, and want lands for their accommodačon be provided for in place convenient before any that either come from England or elsewhere, then to seeke as they are. "That place and places convenient be reserved for the said purchasers and their heires. They [to] surrender the remainder of the lands to be disposed of within the limits of the letters patent dated to W. B. and his associates, to the Government consisting of the Majestrates and Freemen of this Corporacon." These paragraphs have against them in the margin "qr," apparently the mark of a clerk to denote what has been repealed or superseded (p. 16). The next action was taken in a resolution on a question raised by the Great Inquest of March 5, 1638-39, asking "by what vertue and power the Gouernor and Assistants do giue and dispose of lands either to particular persons or Towneshipps and Plantacons." The question put an end to all such grants other[s] the freemen and inhabitants of the said corporation.1 Be it knowne unto all men, therfore, by these presents, that the said William Bradford, for him selfe, his heires, together with the said until it could be examined in public court, and the controversies and differences among individuals and terms over their grants be heard. This resulted in the resolution of March 5, 1639-40, printed below. Plymouth Col. Rec., 1. 119. 1 The resolution of March 5, 1639-40, was as follows: "Whereas vpon a proposicon made by the Grand Inquest at the generall Court held the fift day of March 1638 by what vertue and power the Gouernor and Assistants do giue and dispose of lands either to particuler persons or Towneshipps and Plantacons wherevpon euer since there hath beene a Cessačon of the graunt of lands to any persons by the Gouernment: And now vpon heareing and debateing the controuersies matters and differences about and concerning the same in the Publike Court And whereas there was a larg summe of money disbursed by those that held the trade, vizt. Mr. Bradford Mr. Prence Captaine Standish and the rest of their partners for thenlargment of the Patent of New Plymouth in New England, In considera con that all controuersies and differences about the same may hereafter cease and determine, whether betwixt the Purchasers, old Commers, Freemen, or others about the same. The Court hath by mutuall assent and consent of all as well purchasers Old Commers as Freemen enacted and concluded that there shalbe three hundred pounds sterling (or so much as shalbe required not exceeding the said sume of three hundred pounds) payd to those that held the trade vizt. Mr. Bradford Mr. Prence Captain Standish and the rest of the partners towards the charge of thenlargement of the said Patent if the same shalbe required out of the personall estates of the said Mr. Bradford, Mr. Prence captain Standish and the rest of the partners which said three hundred pounds or lesser summe shalbe levyed vpon the plantacons by such equall way as shalbe thought meete. And that they Purchasers or old Commers shall make choyce of two or three places for themselues and their heires before the next December Court and that after such choyce made and established All the residue of the lands not formerly graunted forth either to plantacons or particuler persons shalbe assigned and surrendred into the hands of the whole Body of the Freemen to be disposed of either by the whole Body or by such persons as shalbe by the whole Body of Freemen assigned and authorised. And that all lands already graunted either to plantačons or particular persons shall stand and remayne firme to them their heires and assignes for euer to whom they are so giuen and graunted. Prouided that all lands shalbe now free to graunt to such persons as stand in neede in the Plantačons now made saue that there shalbe no more Plantacons erected vntill the Purchasers haue made their choyce as aforesaid. And whatsoeuer shalbe further materiall and requisite in law for the confirmeing and establishing this act and order It shalbe donn by Counsell to the intents and purposes herein contained purchassers, doe only reserve unto them selves, their heires, and assignes those 3. tractes of land mentioned in the said resolution, order, and agreemente, bearing date the first [day] of Des[ember,] and expressed if neede require." Lands in Plymouth and Duxbury were excepted from the restriction upon grants. Plymouth Col. Rec., XI. 34. The resolution of December 1, 1640, contains the description of lands as given in the text. In connection with this resolution the Records supply a list of the purchasers or old comers. Deane corrects a misapprehension of Judge Davis on the identity of these purchasers. Davis thought the term "purchasers" intended those who united in hiring the trade of the plantation for six years. But Deane shows that these "farmers" of the trade were eight in number, and were known as the "undertakers." With four London associates they conducted the trade for that period, without increasing their number beyond the original twelve. The purchasers, of whom fifty-eight names are given in the list, comprised those who purchased from the Adventurers all their interest in the plantation on the expiration of the term of seven years, imposed in the original articles of agreement (vol. 1. pp. 453-457). “All of these names will be found in the list relative to the division of cattle in 1627, with the exception of the names of six persons, who sustained a different relation to the colony, but who, if not interested in the purchase, were thought worthy to have a place in this list." DEANE. The names are as follows: Mr. William Bradford, -Mr. Thomas Prence, -Mr. William Brewster, - Jonathan Brewster,- Elizabeth Warren, widdow, Abraham Pearse, 433 Joseph Rogers, Steeven Deane, Thomas Cushman,33 Thomas Morton, -Anthony Annable, - -William Basset, Francis Sprague, The Heires of John Crackstone, -William Palmer, -Peter Browne, Henry Sampson, - Experience Mitchell, Philip Delanoy, 1640. viz. first, from the bounds of Yarmouth 3 miles to the eastward of Naemschatet, and from sea to sea, crose the [said] neck of land. The 2. of a place called Acoughcouss [Accouquesse, alias Acockus], which lyeth in the botome of the bay adjoyning to the west-side of Pointe Perill, and 2. myles to the westerne side of the said river, to an other place called Acushente [Acqussent] river, which entereth at the westerne end of Nacata [Nickatay], and 2. miles to the eastward therof, and to extend .8. myles up into the countrie. The 3. place, from Sowamsett river to Patucket river, (with Cawsumsett1 neck, which is the cheefe habitation of the Indeans, and reserved for them to dwell upon,) extending into the land .8. myles through the whole breadth therof. Togeather with shuch other small parcells of -Edward Dotey, -Cutbert Cutbertson, John Winslow, -John Shaw, -Josuah Pratt, - John Adams, Billington, -Phineas Pratt, Clement Briggs, Moyses Symonson, George Soule, Mr. James Sherley, Mr. Beauchampe, Mr. Andrewes, Mr. Hatherley, Mr. William Thomas.* In all 58. Plymouth Col. Rec., 11. 177. 1 Among the particular names, employed by the Indians amongst themselves, Roger Williams gives Cawasumseuck, which Trumbull believes to mean the Wampanoags or Pokanokets, whose principal village was Sowams. A copy of an entry in the "records of Sawoms alias Sawamsett and parts adjacent," attested by Benjamin Viall, clerk, is among the papers in the possession of the Massachusetts Historical Society. It reads as follows: "The Second Agreement of the Proprietors about the Devition of the Lands at Sowoms March 11, 1653. "It is agreed and concluded by the Company of Partners that are interested at Sawomes that there shall be twenty lots of land layd foarth each lot containing eighty Acres in as convenient a forme as may be, and for the deviding of it we are agreed that every halfe share shall put in a lot and the whole shares shall put in two lots and * One of the London Adventurers, who came from Yarmouth, England, to New Plymouth in the Mary Ann, in 1637, and with his son, Nathaniel, settled in Marshfield. Davis, Ancient Landmarks of Plymouth, Part 11. 262; N. E. Hist. Gen. Reg., XIV. 327. Savage, however, gives a different account. |