of the river, on Sityate side next to the sea, which we doe herby agree, conclude, and detirmine shall belong to the jurisdi[c]tion of the Massachusetts. And further, we doe hearby agree, determine, and conclude, that the bounds of the limites betweene both the said jurisdi[c]tions are as followeth, viz. from the mouth of the brook that runeth into Chonahasett marches (which we call by the name of Bound-brooke) with a stright and directe line to the midle of a great ponde, that lyeth on the right hand of the uper path, or commone way, that leadeth betweene Waimoth and Plimoth, close to the path as [233] we goe alonge, which was formerly named (and still we desire may be caled) Accord pond, lying aboute five or 6. myles from Weimoth southerley; and from thence with a straight line to the souther-most part of Charles-river,' and ·3. miles southerly, inward into the countrie, according as is expresed in the patente granted by his Ma[jes]tie to the Company of the Massachusetts Plantation. Provided allways and never the less concluded and determined by mutuall agreemente betweene the said comissioners, that if it fall out that the said line from Accord-pond to the sothermost parte of Charles-river, and 3. myles southerly as is before expresed, [shall] straiten or hinder any parte of any plantation begune by the Gover[nment] of New-Plimoth, or hereafter to be begune within 10 years after the date of these presents, that then, notwithstanding the said line, it shall be lawfull for the said Gov[ernment] of New-Plimoth to assume on the northerly side of the said line, wher it shall so intrench as afforesaid, so much land as will make up the quantity of eight miles square, to belong to every shuch plantation begune, or to [be] begune as afforesaid; which we agree, determine, and conclude to appertaine and belong to the said Gov[ernment] of New-Plimoth. And wheras the said line, from [the mouth of] the said brooke which runeth into Cho[n]ahassett saltmarshes, called by us Bound-brooke, and the pond called Accord-pond, lyeth nere the lands belonging to the tounships of Sityate and Hingam, we doe therfore hereby determine and conclude, that if any devissions allready made and recorded, by either the said townships [Townes], doe crose the said line, that then it shall stand, and be of force accordBRADFORD.

1 Which is Charles River may still be questioned.

ing to the former intents and purposes of the said townes granting them (the marshes formerly agreed on exepted). And that no towne in either jurisdiction shall hereafter

Sys for led exceede, but containe them selves 1. Oftast Shaughn.

within the said lines [before] expressed.

In

witnes wherof we, the comissioners

of both [the] jurisdictions, doe by these

presents indented set our hands and seales the ninth day of the 4. month in [the] · 16. year of our soveraine lord, king Charles; and in the year of our Lord, 1640.

WILLIAM BRADford, Govr.
ED: WINSLOW.

Jo: ENDECOTT.
ISRAELL STOUGHTON.

Wheras the patente was taken in the name of William Bradford, (as in trust,) and rane in these termes: To him, his heires, and associates and assignes; and now the noumber of free-men being much increased, and diverce tounships established and setled in severall quarters of the govermente, as Plimoth, Duxberie, Sityate, Tanton, Sandwich, Yarmouth, Barnstable, Marchfeeld, and not longe after, Seacunke (called afterward, at the desire of the inhabitants, Rehoboth) and Nawsett, it was by the Courte desired that William Bradford should make a surrender of the same into their hands. The which he willingly did, in this maner following.1

Wheras [the said] William Bradford, and diverce others the first instruments of God in the beginning of this great work of plantation,

1 This instrument is printed in Plymouth Col. Rec., II. 10, in connection with the General Court of March 2, 1640-41. The words in brackets show the variations in the two versions. Bradford omitted the following preamble:

"Whereas diuers and sondry treaties haue beene in the publike and Generall Courts of New Plymouth, his majestie, our dread soueraigne, Charles, by the grace of God King of England, Scotland, France and Ireland, etc., concerning the proper right and title of the lands within the bounds and limmitts of his said majestie's letters patents, graunted by the right honorable his majesties counsell for New England, ratifyed by their common seale, and signed by the hand of the Right Hon'ble Earle of Warwick, then president of the said counsell, to William Bradford, his heires, associates, and assignes, bearing date, etc.; and whereas [as above]."

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 proporcons 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