D. Hamilton (Duane Hamilton) Hurd.

History of Plymouth County, Massachusetts : with biographical sketches of many of its pioneers and prominent men (Volume 2) online

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5. Jane Cooke. goats.
0. Hester Cooke.

7. Mary Cooke.

8. Moses Simons. hi.

9. Philip Dolauoy.

10. Experience Mitchell.

11. John Faunce.

12. Joshua Pratt.

13. Phineus Pratt.

"2. The second lot fell to Mr. Isaac Allerton A. his company
joined to him, his wife,

Fear Allertou. To this lot fell tho great cow

3. Bartholomew Allerton. which came in the Ann, to

4. Hemembor Allerton. which they inuat keop the



lesser of the two steers and
two she-goats.

5. Mary Allertoo.

6. Sarah Allerton.

7. Cutbbert Cuthbertson.

8. Sarub Cuthbertson.

9. Samuel Cuthbertson.

10. Mary Priest.

11. Sarali Priest.

12. Edward Bompasse.

13. John Crackstone.

"3. The third lot fell to Capt. Standish and his company
joined to him, bis wife,

2. Barbara Standish. To this lot fell the red oow

3. Charles Standish. which belongeth to the poor of

4. Alexander Staudish. the colony, to which tbey must

5. John Standish. keep her calf of this year,

6. Edward Winslow. being a Bull, for the company.

7. Susanna Winslow. Also to this lot came two she-

8. Edward Winslow, Jr. goats.

9. John Winslow. (This was the cow presented
li). Resolved White. to the colony by James Sher-

11. Peregrine White. ley.)

12. Abraham Peirce.

13. Thomas Clarke.

"4. The fourth lot fell to John Howland i, bis company
joined to him, his wife,

2. Elizabeth Howland. To this lot fell one of the

3. John Howland, Jr. four heifers which came in the

4. Desire Howland. Jacob, called Hagborn.

5. William Wright.

6. Thomas Morton, Jr.

7. John Alden.

8. Priscilla Alden.

9. Elizabeth Alden.

10. Clement Briggs.

11. Edward Dalton.

12. Edward Holman.

13. John Alden.

" 5. The fifth lot fell to Mr. William Brewster and his com-
pany joined to him.

2. Love Brewster. To this lot fell one of the

3. Wrestling Brewster. four heifers which came in the

4. llichard More. Jacob, called the blind Heifer,

5. Henry Samson. and two she-goats.

6. Jonathan Brewster.

7. Lucretia Brewster.

8. William Brewster.

9. Mary Brewster.

10. Thomas Prence.

11. Patience Prenoo.

12. Rebecca Prence.

13. Humilitie Cooper.

" 6. The sixth lot fell to John Shaw and his company

1. To him. To this lot fell the lesser of

2. John Adams. the black cows which came at

3. Elinor Adams. tirst in the Ann, with which

4. James Adams. they must keep the biggest of

5. John Winslow. the two steers. Also to this
G. Mary Winsluw. lot was two she-goats.

7. William Basse tt.

8. Elizabeth Bassett.

9. William Bassett, Jr.

10. Elizabeth Bassett.

11. Francis Sprague.

12. Anna Sprague.

13. Mercy Sprague.

" 7. The seventh lot fell to Stephen Hopkins and his com-
pany joined to him, his wife,

Elizabeth Hopkins. To this lot fell a black wean-

3. Gyles Hopkins. ing calf, to which was added

4. Caleb Hopkins. the calf of the year to come of

5. Deborah Hopkins. the black cow which fell to

6. Nicolas Snow. John Shaw and his company,

7. Constance Snow. which proving a Bull, they

8. William Palmer. were to keep it ungeit five

9. Frances Palmer. years for common use, and

10. William Palmer, Jr. after to make their best of it.

11. John Billington, Sr. Nothing belongeth of these

12. Helen Billington. two for the company of the

13. Francis Billington. first stock, but only half the

increase. To this lot there
fell two she-goats, which goats
they possess on the like terms
which others do their cattle.
''8. The eighth lot fell to Samuel Fuller aud his company
joined to him, his wife,

2. Bridget Fuller. To this lot fell a red Heifer

3. Samuel Fuller, Jr. which came of the cow which

4. Peter Brown. belongeth to the poor of the

5. Martha Brown. colony, and so as of that con-

6. Mary Brown. sideration (viz.) these persons

7. John Ford. nominated to have hall the

8. Martha Ford. increase, the other half, with

9. Anthony Annable. the old stock, to remain for the

10. Jane Annable. use of the poor. To this lot

11. Sarah Annable. also two she-goats.

12. Hannah Annable.

13. Damaris Hopkins.

" 9. The ninth lot fell to Richard Warren and his company
joined with him, bis wife,

2. Elizabeth Warren. To this lot fell one of the

3. Nathaniel Warren. four black Heifers that came

4. Joseph Warren. in the Jacob, called the smooth-

5. Mary Warren. horned Heifer, and two she-

6. Anna Warren. goats.

7. Sarah Warren.

8. Elizabeth Warren.

9. Abigail Warren.

10. John Billington.

11. George Soule.

12. Mary Soulo.

13. Zacbariah Soule.

"10. The tenth lot fell to Francis Eaton and those joined
with him, bis wife,

2. Christian Eaton. To this lot fell an Heifer of

3. Samuel Eaton. the last year, called the white-

4. Rachel Eaton. bellied Heifer, and two she-

5. Stephen Trade. goats.

6. Triphosa Tracie.

7. Sarah Tracie.

8. Rebecca Tracie.

9. Ralph Wallen.

10. Joyce Wallen.

11. Sarah Morton.

12. Robert Bartlett.

13. Thomas Prence.

"11. The eleventh lot fell to Governor Mr. William Brad-
ford and those with him, to wit: his wife,

2. Alice Bradford.

3. William Bradford, Jr. To this lot fell an Heifer of

4. Mercy Bradford. the last year which was of the

5. Joseph Rogers. great black cow that was



brought over in the Ann and
two she-goats.

6. Thomas Cusbman.

7. William Latham.

8. Manassah Kcmpton.

9. Julian Keuipton.
ID- Nathaniel Morton.

11. John Morton.

12. Ephraini Morton.

13. Patience Morton.

"12. The twelfth lot fell to John Jenncy and hia coiLpany
joined to him, his wife,

2. Sarah Jenncy. To this lot fell the great

3. Samuel Jenney. white-backed cow which was

4. Abigail Jcnnoy. brought over with the first in

5. Sarah Jenney. tho Ann, to which cow the

6. Robert Hickcs. keeping of tho Bull was joined

7. Margaret llickes. for these persons to provide

8. Samuel Hickcs. for ; hero also two sho-goats.

9. Ephraim Hickcs.

10. Lydia llickes.

11. Phebo llickes.

12. Stephen Dennc.

13. Edward Bangs.

Note. вАФ It is probable that the " Ann" mentioned in this di-
vision should be the " Charity." Bradford himself, in whoso
handwriting the record of the division was made, says that Ed-
ward Winslow brought with him from Eugland three heifers
and a bull, "the first beginning of any cattle of that kind in
the land." The "Ann" came in 1G23, and the " Charity" iu
1U2J. Either the statement of Bradford in his history or that
in his record is incorrect.

On the 3d of January, 1627/8, " it was agreed, in
a full court about division of lands as followeth :

" Iuip r That the first division of the acres should
stand and continue, and continue firm according to
the former division made unto the possessors thereof
and to their heirs forever, free liberty being reserved
for all to get fire-wood thereon, but the timber trees
were excepted for the owners of the ground." This
was a mere confirmation by the Geueral Court of the
division made by the Governor in 1624. It was also
agreed " that the second division should consist of
twenty acres to every person, and to contain five in
breadth and four iu length, and so accordingly to be
divided by lot to every one which was to have a share
therein, the ground to be judged sufficient before the
lots were drawn, and the rest to be left to common
use ; this being done that for our better subsistence
and convenience those grounds which were nearest the
town in whose lot soever they fall shall be used by the
whole for the space of four years from the date hereof,
viz., first, that the right owner make choice of twice
that quantity he shall or may use within the said
term, and theu to take to him such neighbors as shall
have need aud he think fit ; but if they cannot agree
then the Governor aud Council may appoint as they
think meet, provided that the woods be ordered for fell-
ing aud lopping according as the owuer shall appoint, lor
neither fire-wood nor other timber, cither for buildiuir

or fencing, or any other use is to be felled or carried
off of any of these without the owner's leave & li-
cense, but is to preserve them to his best advantage."
William Bradford, Edward Winslow, John Howlaud,
Francis Cooke, Joshua Pratt, and Edward Bangs
were chosen a committee to make the division. It
was also agreed that fowling, fishing, aud hunting
should be free; that the old pathways be still allowed,
and that every man be allowed a convenient way to
the water wheresoever the lot fall.

At an earlier day, on the 17th of December, 1G23,
it was ordained by the court then held " that all crim-
inal facts, and also all matters of trespass aud debts
between man and man should be tried by the verdict
of twelve honest men to be impaneled by authority in
form of a jury upon their oaths." It was also decreed
by the same court, on the 29th of March, 1626, " that
no man shall sell or transport any manner of works as
frames for houses, planks, boards, shipping, shallops,
boats, canoes, or whatsoever may tend to the destruc-
tion of timber, without the consent" of tho Governor
aud Council. It was further decreed at the same
court that no handicraftsmen, as tailors, shoemakers,
carpenters, joiners, smiths, or sawyers, shall use their
trades at home or abroad for any strangers or foreign-
ers till such time as the necessity of the colony be
served, and that no corn, beans, or peas, be trans-
ported or sold out of the colony without the approval
of the Governor and Council. On the Gth of Jan-
uary, 1627, " it was agreed that from henceforward
no dwelling-house was to be covered with any kind
of thatch, as straw, reed, etc., but with either board,

I pale, or the like, to wit, of all that were to be new

j built in the town."

These decrees, and orders aud laws, together with
certain transfers of lands and shares in cattle, make
up all the entries iu the Colony Records before the

I issue of the new patent from the President aud
Council for New England, dated Jan. 13, 1629.
In that year Allerton was sent again to England to
obtain another grant, conferring larger powers than
the old patent, and defining the territorial limits of
the colony. He was finally successful in his mission,
and secured the following patent, issued to William
Bradford and his associates:

" To all to whom thette pretenta shall come, greeting :

"Whereas, our late sovcreigne lord King James, for the ad-
vanccmente of a colonic and plantacon in tho country, called or
knowuc by the name of Now Englandc iu America, by his high-
nes letters pattents, under the greate scale of Englandc, bear-
inge date at Westminster the third day of November, in the
eighteenth yeare of highnes raigne of Euglund, ,tc., did give,
graunte, and continue unto the right honoblc Loduwicku, late
lord duke of Lenox ; George, lato lord marquis of Buckingham ,



James, marquis Hamilton ; Thomas, earle of Arundcll : Robert,
earle of Warwickej and Ferdinand Gorge9, knight, and divers
others whose names are expressed in the said letters pattents,
and their successors, that they should be one bodie pollitique
and corporate perpetually, consistinge of forty persons, and
that they should have pernetuail succession, and one common
seale to serve for the said body, and that they and their succes-
sors should be incorporated, called and knowne by the name of
the Council established at Plymouth, in the county of Devon, for
the plantinge, ruleinge, orderinge, an I governing of New Eng-
landcin America, and allso of his spetiall grace, certaine knowl-
edge, and mere motion, did give, graunte, and continue unto the
said pre.-ddente and council), and their successors forever, under
the reservations, limitations, and declaracons in the said letters
patteuts expressed, all that part and portion of the said uuntry
now called New England in America, scituate lyingo and being
in breadth from fl'ourty degrees of northerly latitude from tho
aquinoctiall line to tt'ourty- eight degrees of the said northerly lat-
itude inclusively, and in length of and in all the breadth afore-
said throughout the maine lande from sea to sea, together alsoe
with all the farme landes, soyles, grounds, creeks, inletts, havens,
portes, seas, rivers, islands, waters, fishinges, mynes, and minor-
alls, as well royall mines of gold and silver, as other mines and
mineralls, pretious stones, quarries, and all and singular, the
commodities, jurisdiccons, royalties, privileges, (franchises and
preheminencies, both within the said tracte of lande upon the
maine, us alsoe within tho said inlands and seas adioyningo : To
have, hold, posscsse, and enjoy, all and singular, the foresaid
continent landes, territories, islands, hereditaments, and pre-
oincts, sea waters, fishinges, with all and all manner, theircoua-
modities, royalties, privileges, prcheiuiueuces and pruQitts that
shall arise from thence, with all and singular their appurtenances
and every parte and parccle thereof unto the said Council! and
their successors and assignes forever: To be holden of his Ma-
jestie, his heirs and successors, us of his mannor of East Green-
wichc, in the county of Kent, in free and common soccagoand not
in capite, nor by knights service, yieldinge ami payinge there-
fore to the said late King's Majcstie, his heires and successors,
the tifte parte of the oare of gold and silver, which from tyme to
tyme and att all tymesfrotu the date of tho said letters pattents
shai be there gotten, had, and obtained, for and in respect of
all and all manner of duties, demands, and services whatsoever
to be done made and paid unto his said late Majestic, his heirs
and successors, as in and by the said letters pattents amongst
sundry other privileges and matters tborcin contained more
fully and at large it doth and may uppcarc. Now, know yec
that the said councell by virtue and authority of his said
late Majesties letters pattents, and for and in consideracon
that William Bradford and his associotts have for these nino
yeares lived in New England aforesaid, and have then inhabited
and planted a tow no called by the name of New Ptimouth att
their own proper costs and charges; And now, seeingo that by
the special providence of god and their extraordinary care and
industry, they have encrcased their pluntacon to neer three
hundred people, and are, upon all occasions, able to relieve any
new planters, or others His Majesties subjects whoe may fall
uppon that coaste ; have given, graunted, bargained, sould, en-
feolVed, allotted, assigned, and sett over, and by these presents
doc clceiely and absolutely give, graunt, bargaine, sell, alien,
eufeoffc, allott, assigne, and confirm unto tho said William
Bradford, his heires, associatts, and assignes all that part of
New England in America aforesaid and tracte and trr.ctes of
land that lye within or betweene a certaine rivolet or ruudlett,
there commonly called Conhassitt, alias Conahasett, towards the
north and tho river commonly called Naraganscts river towards
the south; and the great westerne ocean towards the east and

betweene and within a straight line directly extendinge upp into
th maine land towards th west from the mouth of the said river
called Naragansetts river to the utmost limitts and bounds of a
country or place in New Euglande called Pokenacutt, alias
Sowamsett, westward and another like straight line extendinge
itself directly from the mouth of the said river called Coahas-
sett, alias Conahassett, towards the west so farr up into the
maine lande westwardes as the utmost limits of the said place
or cuntry commonly called Pokenacutt, alias Sowamsett, doe
extend togeather with one-half of the said river, called Narugan-
setts, and the said rivolett or rundlett, called Coahassett, alias
Conahasset, and all lands, rivers, waters, havens, creeks, ports,
fishings, fowlings, and all boreditiiueuts, profit tta, couiodotics,
and emolumeuts whatsoever situate, lyinge, and beinge or aris-
ing within or betweene the said limits and bounds or any of
them. And for as much as they have noo conveniente place,
either of tradinge or ffishingo within their own precincts whereby
(after soe looge travel! and great paines) so hopefull a plantaeon
may subsisie, as also that they may bee incouraged the better
to proceed in soe pious a work, which may especially tend to
tho propagation of religion and the great increase of trade to
bis Majesties realmes and advancemente of the publique plan-
taeon. The said councell have further giveu, graunted, bar-
gained, sold, enfeoffed, allotted, assigned, and sett over, and by
these prescntes do oleerely and absolutely give, graunte, bar-
gaine, sell, alien, enfeoff, allott, assigne, and confirme unto the
said William Bradford, his beires, associats, and assignes all
that tracte of lande or part of New Englande in America afore-
said which lyeth within or betweene, and extendcth itself from
the utmost limitts of Cobbinscoute, alias Comasce-eoute, which
adjoineth to tho river of Kcnebeke, alias Keuobekike, towards
the westerne ocean and a place called the falls, att Mogamkikc,
in America, aforesaid, and the space of fifteenc Englishe miles
on each side of the said river commonly called Kenebuk river,
and all the said river called Kenebek that lies within the said
limitts and bounds eastward, westward, northward, or south-
ward, laste above mentioned, and all lands, grounds, soyles,
rivers, wators, fishings, hereditituents, and protfitts whatsoever
situate, lyinge, and beiuge arisingo, happeniugc, or ticcrucinge
on which shall arise, happen, or accrue in or within the said
limitts and boundes, or either of them, together with free cn-
gresse, egresse, and rcgresse, with shipps, boutcs, shallops, and
other vessols from the sea, commonly called the westerne ocean,
to the said river called Kennebek, and from the said river to
the said westerne ocean, togeather with all prerogatives, rights,
royalties, jurisdiccons, priviledges, franchises, liberties, and
ymunitics, and alsoe marine liberty with the escheats and cas-
ualties thereof, th Admiralty Jurisdiccon excepted with all tho
interest, right, title, claime, and demande whatsoever which the
said councell, and their successors now have or ought to have
and claime or may have and acquire hereafter iu or to any the
said percons or traotosof land hereby menconed to be graunted
or any the premisses in as free, large, ample, and bencficiull
manner to all intents, constructions, and purposes whatsoever
as the said councell by virtue of his Majesties said letters pat-
tents may or can graunte; to have and to holde the said tracte
and trades of land and all and singular the premisses above
menconed to be graunted with them and every of their appur-
tenances to the said William Bradford, his heirs, associatts,
and assignes forever to the only proper and absolute use and
bohoofe of the said William Bradford, his heires, associates,
and assignes forever. Yeelding and payinge unto our said
soveraigue Lord th Kinge, his bears and successors forever
one-fifte part of the oare of the mines of gold and silver, and
one other tifte part thereof to the president and councell which
shall be had, possessed, and obtained within the precincts afore-



said for all services and demands whatsoever. And the said
counccll doe further graunt and agree to, and with the said Wil-
liam Bradford, his heires, associate, and assigned and every of
them, his and their Sudors, agents, tenants, and servants, and
all such afl hee or they shall send and employ aboutt his said
particular plantacon shall and may from tyme to tyme (Freely
;ind lawfully goe and returne trade nnd traflique, as well with
the Englishe as any of the natives within the precincts afore-
said with liberty of fishing uppon any parte of the sea coasto
and sea shores of any the seus or islands adjacent and not beinge
inhabited or otherwise disposed of by order of the said presi-
dente and counctll ; alsoe to importc, exporte, and transporte
their goods and merchandise att their wills and pleasures, pay-
ing only such duty to the kings Majestic, his heires and succes-
sors as the said presidente and councell doe or ought to pay
without any other taxes, impositions, burdens, and restraints
uppon them to be imposed. And further, the said councell doe
graunt and agree to, and, with the said William Bradford, his
heires, associatts, and assigncs that the persons transported by
him, or any of them, shall not be taken away, ymployed, or
commanded, either by th Governor, for the tyme being, of New
England, or by any other authority there, from the buisines
and cutploymente of tb said William Bradford ad his associats,
bis heires, and ossignes. Necessary defence of the cuntry,
preservacon of tbo peace, suppressinge of tumults within th
lands, trialls in matters of justice by appeals uppon spetiall
occasion only excepted. Alsoe it shall bo lawfull and free for
th said William Bradford, his associats, his heires, and assignes
att all tymes hereafter to incorporate by some usuall or litt
name and title him or themselves or the people then iuhabit-
ingo under him or tbem with liberty to them and their succes-
sors from tyme to tyme to frame and make orders, ordenances,
and coustitueons, as well for the better government*; of their
affairs here and the recoveringe or admittinge any to his or
their society, as alsoe for the bettor governmente of his or their
people and affairs in New Englande, or of his and their people
att sea in goeinge thither or returningo from thence, and the
same to putt in execucon or cause to be putt in cxecucou by
such officers and ministers as he and they shall authorise and
depute. Provided that the said lawes and orders be not rcpug-
nante to the lawes of Englande or the frame of government by
th said presidente and councell hereafter to be established.
And, further, it shall be lawfull and free for th said William
Bradford, bis heires, associats, and assignes to transporte cattle
of all kinds; alsoe powder, shot, ordnance, and municon from
tyme to tyme as shall be necessary fur their strength and safety
hereafter for their soverall defence; to encounter, expulse,
repel, and resistc, by force of armes, as well by sea as by lande,
by all waits and meanes whatsoever. And by vertue of the
authority to us derived by his late Majesties letters pattcntu to
take, apprehend, seise, and make prise of all such persons,
their shipps and goods, us shall attempt to inhabite or trade
with the savage people of that country within the 6everall pre-
cincts and limitts of his and their severall plantacon, or shall
interfere or attempt, att any tyme, destruccon, invasion, detri-
ment or annoyanco to his and their Baid plantacon; the ono
niuiety of which goods soe seised and taken it shall be lawfull
fur the said William Bradford, his heires, associats, and as-
signes to take to their own use and behoofe; the other rnoyety
thereof to be delivered by the said William Bradford, his
heires associats, and assigns to such officer and officers as shal
be appointed to rceoave the same for his Majesties use. And
the said Councell doe hereby covenante and declare that it id
their intente and meaninge, for the good of the plantacon, that
the said William Bradford, his associuts, his or their heires or
assignes, shall have and enjoy wbatsoevor privilege or privi-

leges of what kindo soever as are expressed or intended to be
graunted in and by his said late Majesties lettors pattents, and
that, in as large and ample manner as the councell thereby,
now, may, or hereafter can graunte coynninge of money, ex-
cepted. And the said councell, for them and their successors,
doe covenante and graunte to and with the said William Brad-
ford, his heires, associates, and assignes, by these presents, that
they, the said councell, shall at any time hereafter, uppon re-
quest, att the only proper costs and charges of the said William
Bradford, his heirs, associats, and assignes, doe make, suffer,
execute, and willingly convert unto any further acte or actes,
conveyance or conveyances, assurance or assurances whatsoever
for the good and perfect investinge, assureing, and conveyinge,
and sure making of all the aforesaid tracte and trades of lands,
royalties, mines, mineral Is, woods, fishinges, and all and singular
their appurtenances unto the said William Bradford, his heires,
associats, and assignes as by him or their or his or their heires
or his or their councell learned in the lawe shal be devised, ad-
vised, and required. And, lastly, know yee that we, tbo said

Online LibraryD. Hamilton (Duane Hamilton) HurdHistory of Plymouth County, Massachusetts : with biographical sketches of many of its pioneers and prominent men (Volume 2) → online text (page 23 of 118)