USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 22
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a fifth edition was published under the editorial care of John Davis, who added copious notes of great in- terest and valuc. Nathaniel Morton was the son of George Morton, the presumed editor of Mourt's " Rela- tion," who came to Plymouth in the " Ann," in 1623, bringing, with his other children, his son Nathaniel, then ten years of age. He was the secretary of the colony from 1645 to 1685, the year of his death, and also clerk of the town of Plymouth. The records and papers relating to the colony and town are full of his writing, and bear testimony which his memorial rein- forces and confirms to his intelligence, fidelity, and usefulness.
These books, together with here and there a pub- lished letter, tract, pamphlet, or sermon, constitute the literature of the Old Colony up to the time of the union with Massachusetts in 1692. No other evi- dence is needed to show the intelligence and culture of a community than that found in its demand for intellectual effort and its ability to furnish the men to supply it. No other colony before or since can furnish so complete and exhaustive a record of its acts and events as that of the Old Colony, in which the fate of every man, woman, and child is accounted for,-a record which neither cold, nor hunger, nor sick- ness, nor sorrow over the dead could silence or even interrupt.
On the 22d of May, 1627, it was " concluded by the whole company that the cattle which were the companies, to wit, the cows & the goats, should be equally divided by lot to all the psons of the same company, and so kept until the expiration of ten years after the date above written. That the old stock with half the increase should remain for com- mon use, to be divided at the end of the said term or otherwise as occasion falleth out, and the other half to be their own forever."
"1. The first let fell te Francis Coeke and his company joined to him, his wife, Hester Ceoke.
3. Jehn Ceoko.
4. Jaceb Ceekc.
5. Jane Ceoke.
6. Hestor Ceeke.
Te this let fell the least ef tho 4 black Heifers which came en the Jaceb and twe she- goats.
7. Mary Ceeke.
8. Meses Simenson.
9. Philip Delanoy.
10. Experience Mitcholl.
11. John Faunce.
12. Joshua Pratt.
13. Phinoas Pratt.
" 2. The secend lot fell te Mr. Isaae Allorten & his company jeined to him, his wifo, Fear Allerten. Te this lot fell tho groat oew 3. Barthelemew Allerten. which eamo in the Ann, te which they must koop the 4. Remember Allerton.
10 1 12
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HISTORY OF PLYMOUTH.
5. Mary Allerton. lesser of the two steers and 6. Sarah Allerton. two she-goats.
7. Cnthbert Cuthbertson.
S. Sarah Cnthbertson.
9. Samnel Cnthbertson.
10. Mary Priest. 11. Sarah Priest.
12. Edward Bompasse.
13. John Crackstone. "3. The third lot fell to Capt. Standish and his company joined to him, his wife,
2. Barbara Standish.
3. Charles Standish.
4. Alexander Standish.
5. Jobn Standish.
6. Edward Winslow.
.. Snsanna Winslow.
S. Edward Winslow, Jr.
9. John Winslow.
10. Resolved White.
11. Peregrine White.
12. Abraham Peirce.
13. Thomas Clarke.
"4. The fourth lot fell to John Howland & his company joined to him, his wife,
2. Elizabeth Howland.
3. John Howland, Jr.
4. Desire Howland.
5. William Wright. 6. Thomas Morton, Jr.
.. John Alden.
S. 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.
3. Wrestling Brewster.
4. Richard More.
5. Henry Samson. 6. Jonathan Brewster.
7. Lucretia Brewster.
8. William Brewster.
9. Mary Brewster. 10. Thomas Prence.
11. Patience Prence.
12. Rebecca Prence.
13. Humilitie Cooper.
"6. The sixth lot fell to John Shaw and his company joined
1. To him.
2. John Adams. 3. Elinor Adams.
4. James Adams.
5. John Winslow. 6. Mary Winslow.
7. William Bassett.
8. Elizabeth Bassett.
9. William Bassett, Jr. 10. Elizabeth Bassett.
11. Francis Sprague.
12. Anna Sprague. 13. Mercy Sprague.
To this lot fell the lesser of the black cows which came at first in the Ann, with which they must keep the biggest of the two steers. Also to this lot was two she-goats.
"7. The seventh lot fell to Stephen Hopkins and his com- pany joined to him, his wife, Elizabeth Hopkins.
3. Gyles Hopkins.
4. Caleb Hopkins.
5. Deborah Hopkins.
6. Nicolas Snow.
7. Constance Snow.
8. William Palmer.
9. Frances Palmer.
10. William Palmer, Jr.
11. John Billington, Sr.
12. Helen Billington.
13. Francis Billington.
To this lot fell a black wean- ing calf, to which was added the calf of the year to come of the black cow which fell to John Shaw and his company, which proving a Bull, they were to keep it ungelt five years for common use, and after to make their best of it. Nothing belongeth of these two for the company of the 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.
To this lot fell a red Heifer which came of the cow which belongeth to the poor of the colony, and so as of that con- sideration (viz.) these persons nominated to have half the increase, the other half, with the old stock, to remain for the use of the poor. To this lot also two she-goats.
"8. The eighth lot fell to Samuel Fuller and his company joined to him, his wife,
2. Bridget Fuller.
3. Samuel Fuller, Jr.
4. Peter Brown.
5. Martha Brown.
6. Mary Brown.
7. John Ford.
8. Martha Ford.
9. Anthony Annable.
10. Jane Annable.
11. Sarah Annable.
12. Hannah Annable.
13. Damaris Hopkins.
"9. The ninth lot fell to Richard Warren and his company joined with him, his wife,
2. Elizabeth Warren.
3. Nathaniel Warren.
4. Joseph Warren.
5. Mary Warreu.
6. Anna Warren.
7. Sarah Warren.
8. Elizabeth Warren.
9. Abigail Warren.
10. John Billington.
11. George Soule.
12. Mary Soule.
13. Zachariah Soule.
" 10. The tenth lot fell to Francis Eaton and those joined with him, his wife,
2. Christian Eaton.
3. Samuel Eaton.
4. Rachel Eaton.
5. Stephen Tracie.
6. Triphosa Tracie.
7. Sarah Tracie.
8. Rebecca Tracie.
9. Ralph Wallen.
10. Joyce Wallen.
11. Sarah Morton.
12. Robert Bartlett.
13. Thomas Prence.
5. Joseph Rogers.
To this lot fell an Heifer of the last year, called the white- bellied Heifer, and two she- goats.
"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 great black cow that was
To this lot fell one of the four black Heifers that came in the Jacob, called the smooth- horned Heifer, and two she- goats.
To this lot fell one of the four heifers which came in the Jacob, called the blind Heifer, and two she-goats.
To this lot fell the red cow which belongeth to the poor of the colony, to which they must keep her calf of this year, being a Bull, for the company. Also to this lot came two she- goats.
(This was the cow presented to the colony by James Sher- ley.)
To this lot fell one of the fonr heifers which came in the Jacob, called Raghorn.
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HISTORY OF PLYMOUTH COUNTY.
6. Thomas Cushman.
brought ovor in the Ann and two she-goats.
7. William Latham.
8. Manassalı Kempton.
9. Julian Kempton.
10. Nathaniel Morton.
11. John Morton.
12. Ephraim Morton.
13. Patienee Morton. "12. The twelfth lot fell to John Jenney and his company joined to him, his wife,
2. Sarah Jenney. To this lot fell the great 3. Samuel Jenney. white-hacked eow which was 4. Abigail Jenney. brought over with the first in 5. Sarah Jenney. the Ann, to which eow the 6. Robert Hiekes. keeping of the Bull was joined 7. Margaret Hickes. for these persons to provide 8. Samuel Hickes. for ; here also two she-goats.
9. Ephraim IFickes.
10. Lydia Hiekes.
11. Phebe Hiekes.
12. Stephen Deane.
13. Edward Bangs.
NOTE .- It is probable that the " Ann" mentioned in this di- vision should be the "Charity." Bradford himself, in whose handwriting the record of the division was made, says that Ed- ward Winslow brought with him from England three heifers and a hull, "the first beginning of any eattle of that kind in the land." The "Ann" came in 1623, and the "Charity" in 1624. Either the statement of Bradford in his history or that in his record is ineorreet.
On the 3d of January, 1627/8, "it was agreed, in a full eourt about division of lands as followeth :
" Imp" That the first division of the aeres should stand and continue, and continue firm aeeording to the former division made unto the possessors thercof 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 General Court of the division made by the Governor in 1624. It was also agreed "that the second division should consist of twenty aeres to every person, and to contain five in breadth and four in 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 twiee that quantity he shall or may use within the said term, and then to take to him such neighbors as shall have need and he think fit; but if they cannot agree then the Governor and Council may appoint as they think meet, provided that the woods be ordered for fell- ing and lopping according as the owner shall appoint, for neither fire-wood nor other timber, either for building
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 Howland, Francis Cooke, Joshua Pratt, and Edward Bangs were chosen a committee to make the division. It was also agreed that fowling, fishing, and 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, 1623, it was ordained by the court then held " that all crim- inal facts, and also all matters of trespass and 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 eourt, 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, eanoes, or whatsoever may tend to the destruc- tion of timber, without the consent" of the Governor and Council. It was further decreed at the same court that no handicraftsmen, as tailors, shoemakers, earpenters, 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 6th 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, ete., but with either board, pale, or the like, to wit, of all that were to be new built in the town."
These decrees, and orders and laws, together with certain transfers of lands and shares in cattle, make up all the entries in the Colony Records before the. issue of the new patent from the President and 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 these presents shall come, greeting :
" Whereas, our late sovereigne lord King James, for the ad- vancemente of a colonie and plantaeon in the country, called or knowne by the name of New Englande in America, by his high - nes Iotters pattents, under the greate seale of Englande, boar- inge date at Westminster the third day of November, iu tho eighteonth yeare of highnes raigne of England, &c., did give, graunte, and confirmo unto the right honoblo Lodowieke, late lord duke of Lenox ; Georgo, late lord marquis of Buckingham ;
97
HISTORY OF PLYMOUTH.
James, marquis Hamilton ; Thomas, earle of Arnndell ; Robert, earle of Warwicke; and Ferdinand Gorges, 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 perpetuall 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, rnleinge, orderinge, an I governing of New Eng- lande in America, and allso of his spetiall grace, certaine knowl- edge, and mere motion, did give, graunte, and confirme unto the said presidente and conncill, and their successors forever, under the reservations, limitations, and declaracons in the said letters pattents expressed, all that part and portion of the said cuntry now called New England in America, scituate lyinge and being in breadth from ffourty degrees of northerly latitude from the aqninoctiall line to ffourty-eight degrees of the said northerly lat- itude idelnsively, and in length of and in all the breadth afore- said throngbont the maine lande from sea to sea, together alsoe with all the farme landes, soyles, gronnds, creeks, inletts, havens, portes, seas, rivers, islands, waters, fishinges, mynes, and miner- alls, as well royall mines of gold and silver, as other mines and mineralls, pretions stones, quarries, and all and singular, the commodities, jurisdiccons, royalties, privileges, ffranchises and preheminencies, both within the said tracte of lande upon the maine, as alsoe within the said islands and seas adioyninge : To have, hold, possesse, and enjoy, all and singular, the foresaid continent landes, territories, islands, hereditaments, and pre- cincts, sea waters, fishinges, with all and all manner, their com- modities, royalties, privileges, preheminences and proffitts that shall arise from thence, with all and singular their appurtenances and every parte and parcele thereof onto the said Councill and their successors and assignes forever : To be holden of his Ma- jestie, his heirs and successors, as of his mannor of East Green- wiche, in the connty of Kent, in free and common soccage and not in capite, nor by knights service, yieldinge and payinge there- fore to the said late King's Majestie, his heires and successors, the fifte parte of the oare of gold and silver, which from tyme to tyme and att all tymes from the date of the said letters pattents shal 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 Majestie, his heirs and successors, as in and by the said letters pattents amongst sundry other privileges and matters therein contained more fully and at large it doth and may appeare. Now, know yee that the said councell by virtue and anthority of his said Jate Majesties letters pattents, and for and in consideracon that William Bradford and bis associatts have for these nine yeares lived in New England aforesaid, and have then inhabited and planted a towne called by the name of New Plimouth att their own proper costs and charges ; And now, seeinge that by the special providence of god and their extraordinary care and industry, they have enereased their plantacon to neer three hundred people, and are, upon all occasions, able to relieve any new plantera, or others His Majesties subjects whoe may fall uppon that coaste ; have giren, graunted, bargained, sould, en- feoffel, allotted, assigned, and sett over, and by these presents doe cleerely and absolutely give, graunt, bargaine, sell, alien, enfooffe, allott, assigne, and confirm unto the said William Bradford, his beires, associatts, and assignes all that part of New England in America aforcsaid and tracte and tractes of land that lye within or betweene a certaine rivolet or rundlett, there commonly called Conhassitt, alias Conahasett, towards the north and the river commonly called Naragansets river towards the south ; and the great westerne oceau towards the east and 7
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 Englande called Pokenacutt, alias Sowamsett, westward and anothor 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 together with one- half of the said river, called Naragan- setts, and the said rivolett or rundlett, called Coahassett, alias Conahasset, and all lands, rivers, waters, havens, creeks, ports, fishings, fowlings, and all hereditiments, proffitts, comodoties, and emoluments 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 noe conveniente place, either of tradinge or ffishinge within their own precincts whereby (after soe longe travell and great paines) so hopefull a plantacon may subsiste, as also that they may bee incouraged the better to proceed in soe pious a work, which may especially tend to the propagation of religion and the great increase of trade to his Majesties realmes and advancemente of the publique plan- tacon. The said councell have further given, graunted, har- gained, sold, enfeoffed, allotted, assigned, and sett over, and by these presentes do cleerely and absolutely give, graunte, bar- gaine, sell, alien, enfeoff, allott, assigne, and confirme unto the said William Bradford, his heires, associats, and assignes all that tracte of lande or part of New Englande in America afore- said which lyeth within or betweene, and extendeth itself from the utmost limitts of Cobbinsconte, alias Comasee-conte, which adjoineth to the river of Kenebeke, alias Kencbekike, towards the westerne ocean and a place called the falls, att. Megamkike, in America, aforesaid, and the space of fifteene Englishe miles on each side of the said river commonly called Kenebek 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, waters, fishings, hereditiments, and proffitts whatsoever situate, lyinge, and beinge arisinge, happeninge, or accrueinge on which shall arise, happen, or accrue in or within the said limitts and boundes, or either of them, together with free en- gresse, egresse, and regresse, with shipps, boates, shallops, and other vessels from the sea, commonly called the westerne ocean, to the said river called Kennebek, and from the said river to the said westerne ocean, together with all prerogatives, rights, royalties, jurisdiccons, priviledges, ffranchises, liberties, and ymunities, and alsoe marine liberty with the escheats and cas- ualties thereof, th Admiralty Jurisdiccon excepted with all the 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 in or to any the said percons or tractes of land hereby menconed to be graunted or any the premisses in as free, large, ample, and beneficiall 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 tractes 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 behoofe of the said William Bradford, his beires, associates, and assignes forever. Yeelding and payinge unto our said soveraigne Lord th Kinge, his hears and successors forever one-fifte part of the oare of the mines of gold and silver, and one other fifte part thereof to the president and councell which shall be had, possessed, and obtained within the precincts afore-
98
HISTORY OF PLYMOUTH COUNTY.
said for all sorvices and demands whatsoever. And the said councell doe further graunt and agree to, and with the said Wil- liam Bradford, his heires, associatts, and assignes and every of them, his and their ffactors, agents, tenants, and servants, and all such as heo or they shall send and employ aboutt his said particular plantacon shall and may from tyme to tyme ffreely and lawfully goe and returne trade and traffique, 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 seas or islands adjacent and not beinge inhabited or otherwise disposed of hy order of the said presi- dente and councell; alsoe to importe, exporte, and transporte their goods and merchandise att their wills and pleasures, pay- ing only such duty to the kings Majestie, his heires and succes- sors as the said presidente and councell doe or ought to pay without any other taxes, impositions, hurdens; 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 assignes 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 employmente of th said William Bradford ad his associats, his heires, and assignes. Necessary defence of the cuntry, preservacon of the peace, suppressinge of tumults within th lands, trialls in matters of justice by appeals uppon spetiall occasion only excepted. Alsoe it shall be lawfull and frec for th said William Bradford, his associats, his heires, and assignes att all tymes hereafter to incorporate by some usnall or fitt name and title him or themselves or the people then inhabit- inge under him or them with liberty to them and their succes- sors from tyme to tyme to frame and make orders, ordenances, and constitucons, as well for the better governmente of their affairs here and the recoveringe or admittinge any to his or their society, as alsoe for the better governmente of his or their people and affairs in New Englande, or of his and their people att sea in goeinge thither or returninge from thence, and the same to putt in execucon or cause to he putt in execucon by such officers and ministers as he and they shall authorise and depute. Provided that the said lawes and orders be not repug- nante to the lawes of Englande or the frame of government by th said presidento and councell hereafter to be established. And, further, it shall be lawfull and free for th said William Bradford, his heires, associats, and assignes to transporte cattle of all kinds; alsoe powder, shot, ordnanco, and municon from tyme to tyme as shall be necessary for their strength and safety hereafter for their severall defence; to encounter, expulsc, repel, and resiste, by force of armes, as well by sea as by lande, by all waies and meanes whatsoever. And by vertue of the authority to us derived by his late Majesties letters pattents to take, apprehend, seise, and make prise of all such persons, their shipps and goods, as shall attompt to inbabite or trade with the savage peoplo of that country within the severall pre- cincts and limitts of his and their severall plantacon, or shall interfere or attempt, att any tymne, destruccon, invasion, detri- mont, or annoyance to his and their said plantacon; tbo ono moiety of which goods soe seised and takon it shall be lawfull for the said William Bradford, his heiros, associats, and as- signes to tako to their own uso and bohoofo; tbo othier moyety thereof to bo deliverod by the said William Bradford, his heires, associats, and assigns to such officor and officers as shal be appointed to roceavo the same for his Majostios use. And the said Councell doe hereby covenante and doclaro that it is thoir intente and meaninge, for the good of tho plantacon, that the said William Bradford, his associats, his or thoir hoires or assignes, shall have and enjoy whatsoovor privilege or privi-
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