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'and were it not for the governor's going to New- York at this 'time, there would be a writ of intrusion against every man in 'the colony of any considerable estate, or as many as a cart 'could hold, and for the poorer sort of people said Sir Edmund 'Androsse would take other measures, or words to the same 'purpose. The said Lynde further saith, That after judgments 'obtained for small wrongs done him, triable by their own laws 'before a justice of the peace, from whom they allowed no ap'peals in small causes, he was forced out of his own county by 'writs of false judgment; and although at the first superiour 'court in Suffolk, the thing was so far opposed by judge 'Stoughton as illegal, as that it was put by, yet the next term 'by judge Dudley and judge Palmer, the said Lynde was forced 'to answer George Farewell attorney aforesaid, then saying in 'open court in Charlestown, that all causes must be brought to 'Boston in Suffolk, because there was not honest men enough 'in Middlesex to make a jury to serve their turns, or words to 'that purpose; nor did Suffolk, as appeared by their practice, 'for they made use of non-residents in divers cases there. I 'mention not any damage though it is great, but to the truth 'above written I the said Lynde do set my hand.
'Boston, }4th of January, 1789-90.
'Juratus coram me, John Smith, Assistant.'
And that the practices of these mpn have been according to their principles, destructive to the property of the subject, is now to be declared. It is a thing too well known to be denied, that some of Sir Edmund's council begged (if they had not had secret encouragement no man believes they would have done so) those lands which are called the commons belonging to several townships, whereby Plymouth, Lynn, Cambridge, Rhode-Island, fyc. would have been ruinated, had these men's projects taken effect. And not only the commons belonging to towns, but those lands which were the property of several particular persons in Charlestown, were granted from them. And ivrits of intrusion were issued out against Col. Shrimpton, Mr. Samuel Seawall, and we know not how many more besides, that their lands might be taken from them under pretence of belonging to king James. An island in the possession of John Pittomc auiently appropriated to the maintenance of a freeschool, was in this way seized. How such men can clear
themselves themselves from the guilt of sacrilegious Oppression, they had best consider. Mr. Palmer swaggers and hectors at a strange rate; for he hath these words, (p. 29.) ' I should be glad to see 'that man who would bare-faced instance in one particular 'grant of any man's right or possession passed by Sir Edmund 'Androsse during his government'—And what if we will shew him the men, that dare affirm as much or more than that? what will he do?
Me me adsum qui feci, in me convertite ferrum.
We will produce those that have said (and sworn) as much as all this comes to. For John Pittome hath upon oath declared, that James Sherlock, Sir Edmund's Sheriff, came on Dear Island on the 28th of January 1688, and turned him and his family afloat on the water when it was a snowy day, although he was tenant there to Col. Shrtmpton and that the said Sherlock put two men (whom he brought with him) into possession of the said Island (as he said) on behalf of King James the second. Let him also know, that Mr. Shepard and Mr. Burrill of Lynn, and James Russell, Esq ; of Charlestown in JVetoEngland have declared upon oath as followedl.
'Jeremiah Shepard aged forty-two years and John Burrill 'aged fifty-seven years, we whose names are subscribed being 'made choice of by the inhabitants of the town of Lynn in the 'Massachusetts colony in New-England to maintain their right 'to their properties and lands invaded by Sir Edmund Androsse 'governor, we do testify that (besides Sir Edmund Androsse 'his unreasonable demands of money by way of taxation, and 'that without an assembly, and deputies sent from our town 'according to ancient custom, for the raising of money or levy'ing of rates) our properties, our honest and just and true titles 'to our land were also invaded, and particularly a great and 'considerable tract of land called by the name of the Nahants, 'the only secure place for the grazing of some thousands of our 'sheep, and without which our inhabitants could neither provide 'for their own families, nor be capacited to pay dues or duties 'for the maintenance of the publick, but (if dispossessed of) the 'town must needs be impoverished, ruined, and rendered mise'rable, yet this very tract of land being petitioned for by Ed'ward Randolph, was threatened to be rent out of our hands, 'notwithstanding our honest and just pleas for our right to the 'said land, both by alienation of the said land to us from the 'original proprietors the Natives, to whom we paid our monies 'by way of purchase, and notwithstanding near fifty years
'peaceable and quiet possession and improvement, and also in-
'Jeremiah Shepard minister, and John Burrill, lieutenant, 'both of Lynn, personally appeared before us, and made oath 'to the truth of this evidence, Salem, Feb. 3, 1689-90.
John Hathorne, ) A .
'James Russell, Esq; on the behalf of the proprietors of the stinted pasture in Charlestown, and on his own personal account, declares as followeth, viz.
'That notwithstanding the answer made to Sir Edmund An
'drossc, 'drosse, his demand by some gentlemen of Charlestown on the 'behalf of the proprietors, which they judged satisfactory, or at 'least they should have a further hearing and opportunity to 'make out their rights, there was laid out to Mr. Lidget ad'joining to his farm in Charlestoivn a considerable tract of land i (as it is said one hundred and fifty acres) which was of conside'rable value, and did belong to divers persons, which when it 'was laid out by Mr. Wells, there were divers bound-marks • shewed by the proprietors, and some of them, and I had peti'tioned for a patent for my particular propriety, yet the whole 'tract was laid out to the said Lidget, who not only did cut 'down wood thereon without the right owner's consent, but ar'rested some for cutting their own wood, and so they were de'pri ved of any means to use or enjoy their own land. And not'withstanding there were about twenty acres of pasture land 'and meadow taken from the said Russell, and given to Mr. 'Lidget, yet afterwards there was a writ of intrusion served 'upon a small farm belonging unto the said Russell, unto which 'the aforesaid pasture land did belong, and had been long im'proved by Patrick Mark his tenant, (and others good part 'thereof) above fifty years, so that to stop prosecution, the said 'Russell was forced to petition for a patent, he having a tenant 'who was feared would comply in any thing that might have 'been to his prejudice, and so his land would have been con'demned under colour of law, and given away as well as bis 'pastorage was without law. Further the said Russell com'plains, that he having an island in Casco-bay, called Long'island, which his honoured father long since bought of Mr. 'Walker, and was confirmed to James Russell by the general 'court, and improved several years by Captain Davis, by 'mowing as tenant to the said Russell, and the said Russell 'hearing it was like to be begged away, caused his writ to be 'entered in the public records in Mr. West's ofEce, which he 'paid for the recording of; notwithstanding Sir Edmund An'drosse ordered Captain Clements (as he said) to survey the 'same, and he shewed me a plat thereof, and said, if I had a 'patent for it, I must pay three pence per acre, it being 650 'acres. He was further informed, that if the said Russell 'would not take a patent for it, Mr. Usher should have it.
Per James Russell. 'January 30, 1689-90. James Russell, Esq; personally ap'peared before me, and made oath to the truth of what is before 'written.
'William Johnson, assistant.'
Had not an happy revolution happened in England, and so in New-England, in all probability those few ill men would have squeezed more out of the poorer sort of people there, than half their estates are worth, by forcing them to take patents. Major Smith can tell them, that an estate not worth 2001. had more than 501. demanded for a patent for it. And if their boldness and madness would carry them out to oppress the rich after such a manner as hath been shewed, what might the poor look for? iNevertheless, their tyranny was beyond any thing that hath been as yet expressed: For if men were willing to bring their titles to their possessions to a legal trial, they were not only threatened, but lined and prosecuted, and used with barbarous cruelty. When some gentlemen in Boston resolved in a legal way to defend their title to an island there, Sir Edmund's Attorney threatened that it might cost them all that they are worth, and something besides, as appears by the following affidavit, viz.
'The deposition of Captain Daniel Turel, and Lieutenant 'Edward Willis, sworn, say, That upon a Writ of Intrusion 'being served on Deer-Island, belonging to the town of Boston, 'and let unto Colonel Samuel Shrimpton by the selectmen of 'the said town, the rent whereof being of long time appropria'ted towards the maintenance of a free school in the town, we 'the deponents two of the select-men of the said town, do testify, 'That meeting with Mr. James Graham upon the town-house, 'and telling him, that if Colonel Shrimpton did decline to per'sonate the case of the said island, we the select-men would. 'The said Graham said, Are you the men that will stand suit 'against the King? We the deponents told him we would 'answer in behalf of the town. The said Graham replied, 'There was no town of Boston, nor was there any town in the 'country; we made answer we were a town, and owned so to • be by Sir Edmund Androsse, governor, in the warrant sent us 'for the making a rate; then the said Graham told us, We 'might stand the trial if we would, but bid us have a care what 'we did, saying, it might cost us all we were worth, and some'thing else too, for ought he knew, and further these deponents 'say not.
Daniel Turel, 'Jan. 30, 1689. Edward Willis.
'Captain Daniel Turel and Lieutenant Edward Willis ap'peared personally before me, and made oath to the truth of 'what is above written.
'William Johnson, Assistant.'