History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 23

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706

USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 23

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leges of what kinde soever as are expressed or intended to he graunted in and by his said late Majesties letters 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 presenta, tbat 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 tractes of lands, royalties, mines, mineralls, 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, the said counsell, have made, constituted, deputed, authorised, and ap- pointed Captaine Miles Standish, or, in his absence, Edward Winslow, John Howland, and John Allen, or any of them, to be our true and lawfull attorney and attornies, jointly and sev- erally, in our name and stead, to enter into the said tracte and tractes of land and other the premisses with their appurtenances, or into some part thereof in the name of the whole for us, and in our names to take possession and seisin thereof, and after such possession and seisen thereof, or of some parte thereof, in the name of the whole had and taken; then for us, and in our names, to deliver the full and peaceable possession of seisen of all and singular the said mentioned, to be graunted, preni- isses unto the said William Bradford, his heires, associatts, and assignes, or to his or their certaine atturney or atturnies in that bchalf, ratifyinge, allowinge and confirminge all whatsoever our said atturney doe in or about the premises. In witness whereof the said counsell, established att Plimouth, in the county of Devon, for the plantinge, ruleinge, orderinge, and governinge of New England, in America, have hereunto putt their seals the thirteenth day of January, in fiftb yeare of the raigne of our sovereigne, Lord Charles, by the grace of God, kinge of England, Scotland, Fraunce, and Ireland, defender of the ffaithe, &c., Anno Domi, 1629.

" R. WARWICKE." [Seal]

The patent bears the following indorsement :

" The within named John Alden, authorised as attorney for tho within mensioned counsill haveing in their name and stead entered into some part of the within mensioned tracts of land and other tho premises in the name of the whole, and for them and in theiro names taken possession and seizuro thereof, did, in the name of the said counsill, doliver tho full and peacoable possession and seizure of all and singular the within mensioned to be graunted prepisses unto William Bradford, for him, his heires, associates, and assignes. Secundom formam cartæ.

" In presence of

" JAMES CUDWORTH, " WILLIAM CLARKE, " NATHANIEL MORTON, Secretary."

The territory included in the earlier part of the patent was that which made up the Plymouth Colony until the union with Massachusetts in 1692, and which has been long known as the Old Colony. Its northern boundary line started at a point on Massa- chusetts Bay between Scituate and Cohasset, and ran

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HISTORY OF PLYMOUTH.

to Providence River. It iucluded all of Plymouth County, except the towns of Hingham and Hull, and a small part of Brockton, all of Bristol and Barnstable Counties, and the towns of Bristol, Warren, Barring- ton, Little Compton, and Tiverton, in Rhode Island. The latter part of the patent includes a grant of fifteen miles on each side of the Kennebee River for trading purposes, on which at a place called Cushenoc or Kous- sinoc, now Augusta. a trading-house was erected and furnished with commodities for a trade with the Indians. It was at this trading-post where the Pilgrims first in- troduced the use of wampum or wampampeake, the value of which they had learned from De Rasieres during his visit to Plymouth in 1627. Bradford says, in speaking of the business at Kennebee, " But that which turned most to their profit in time was an entrance into the trade of wampampeake, for they now bought about fifty pounds worth of it of them (the Dutch) ; and they told them how vendable it was at their fort, Orania ( Albany), and did persuade them they would find it so at Kennebee; and so it came to pass in time, though at first it stuck, and it was two years before they could put off this small quantity, till the inland people knew of it, and afterwards they could scaree even gett enough for them, for many years to- gether. And strange it was to see the great altera- tion it made in a few years among the Indians them- selves. for all the Indians of these parts and the Massachusetts had none or very little of it, but the sachems and some special persons that wore a little of it for ornament ; only it was made and kept among the Narrigansets and Pequots, which grew rich and potent by it, and these people were poor and beggarly and had no use of it. Neither did the English of this plantation, or any in the land till now that they had knowledge of it from the Dutch, so much as know what it was, much less that it was a commodity of that worth and value. And it bath now continued a current commodity about this twenty years (1650), and it may prove a drug in time. In the mean time it makes the Indians of these parts rich and power- ful and also proud thereby, and fills them with pieces ( muskets), powder, and shot, which no laws can re- strain by reason of the baseness of sundry unworthy persons, both English, Dutch, and French, which may turn to the ruin of many."

To this patent the king had given the agents of the Pilgrims reason to believe that he would give his royal sanction and affix his signature, but he at last refused, and as long as the colony existed it never had a royal charter. On the 2d of March, 1640/1, Governor Bradford assigned this charter to the free- men of the colony, with certain reservations for the

benefit of the " old comers," and from that time it was their possession. It always remained in the hands of the family of Governor Bradford, however, prob- ably as one of the colonial archives in his keeping at the time of his death, until 1741, when, during a con- troversy concerning the line between Massachusetts and Rhode Island, it was, as Josiah Cotton states in his diary, " after a deal of labor and cost," found at Plympton and used as evidence. In 1820 it was found where it now is-in the office of the register of deeds, in Plymouth-by the commissioners appointed by the Legislature of Massachusetts to superintend the work of copying a portion of the Old Colony Records for the State. It was then, as they say in their report, in a defaeed condition, with its seal of the president and Couneil for New England much broken. They further say " that the parts of the seal were carefully cemented and seeured together by them and inclosed in a case, so that the original im- pression may be seen." The legend on the seal, which is a little more than four inches in diameter and made of brown wax, it is impossible to decipher, but there seem to be on its face a representation of the hull of a vessel and two figures, one of an Indian carrying in one hand a bow and arrow, and in the other a club ; and the other of a white man bearing in his left hand an olive-branch, and in the other an artiele which cannot be distinguished.

The following is the assignment of this patent, made on the 2d of March, 1640/1 :

" Whereas divers and sondry treaties have beene in the puh- like & Generall Court of New Plymouth, his majestie our dread Soveraigne, Charles, hy the grace of God, King of England, Scotland, France and Ireland, &e., concerning the proper right and title of the lands within the bounds and limmitts of his said majesties' letters patents, graunted hy the right honble his majesties counsell for New England, ratifyed hy their comon seale, and signed by the hand of the Right Honble Earle of Warwiek, then president of the said counsell, to William Brad- ford, his heires, associats, and assigns, beareing date, &e .; and whereas the said Willm Bradford and divers others, the first instruments of God in the begininge of this great work of plan- tacon, together with such as the alorderinge hand of God, in his providence, soone added unto them, have heene at very greate charges to procure the said lands priviledges & free- domes, from all entanglements, as may appeare by divers and sundry deeds, enlargements of graunts, purchases, payments of debts, &c, by reason whereof the title to the day of this present, remayneth in the said Willm, his heircs, associats, and assignes, -now, for the better setling of the state of the said lands afore- said, the said Willm Bradford and those first instruments termed, and ealled in sondry orders upon puhlike record, the purchasers or old eomers, witnes two in especiall, those beareing date the third of March 1639, thother in December ye first 1640, where- unto these presents have speciall relacon & agreement, and whereby they are distinguished from others the freemen and inhabitants of the said corporation,-be it knowne unto all men, I therefore by these presents, that the said Willmn Bradford, for

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HISTORY OF PLYMOUTH COUNTY.

himself, his heires, togothor with tho said purchasers, do only resorvo unto themsolves, their heires and assignes, thoso three tracts of lands menconed in the said resolucon, order & agree- ment, bearcing date tho first day of December, 1640, viz, first from the bounds of Yarmouth, three miles to the eastward of Naemsheckett, and from sea to sea, crosse the said neck of land ; tho second, of a place called Acconquesse als Acockeus, wch lyeth in the bottome of the bay, adjoyneing to the west side of Poynt Perrill, and two miles to the westerne side of the said river, to another place, called Acqussent River wch entreth at the westerne end of Nickatay, and two miles to the eastward thereof, and to extend eight miles up into the countrey : the third place from Sowamsett River to Patucquett River, wth Causumpsit Neck, wch is the cheif habitacon of the Indians and reserved for them to dwell upon extending into the land eight miles through the whole breadth thereof, together wth such other smale parcells of lands as they or any of them are psonally pos- sessed of or interested in by verture of any former titles or graunts whatsoever. And the said Willm Bradford doth, by the free and full consent, approbacon, and agreement of the said old planters or purchasers, together wth the likeing, approbacon & acceptacon of the other part of the said corporacon, surrender into the hands of the whole Court, consistinge of the freemen of this corporacon of New Plymouth, all that their right & title, power, authorytie, priviledges, immunities & freedomcs granted in the said letters patents, by the said right honble counsell for New England, reserving his & their psonall right of freemen, together wth the said old planters aforesaid, except the said lands before excepted, declaring the freemen of this present corporacion, together wth all such as shalbe legally admitted into the same his associats. And the said Willm Bradford for him his heires and assignes doe further hereby promise and graunt to doe & performe whatsoever further thingo or thinges, act or acts, weh in him lyeth, which shalbe needful and expe- dient for the better confirmeing & establishinge the said pmisses as by counsell learned in the lawes shalbe reasonably advised and devised when he shalbe thereunto required. In witnes whereof the said Willm Bradford hath in publike Court sur- rendered the said letters patents actually into the hands and power of the said Court, bynding himself, his heires, executrs, administratrs and assignes to deliver up whatsoever specialties are in his hands that do or may concerne the same.

" Memorand : that the said surrender was made by the said Willm Bradford, in publick Court, to Nathaniell Sowther, es- pecially authorised by the whole Court to receive the same, to- gether wth the said letters patents in the name and for the use of the whole body of freemen.

" It is ordered by the Court, that Willm Bradford shall have the keeping of the said letters patents, wch were afterwards de- livered unto him by the said Nathaniell Sowther, in the pub- like Court."

After the issue of the new patent the colony be- came established on a firmer foundation, and its gov- ernment began to take on more of the forms and methods of a regularly organized body politic. In 1633 the records of the court had begun ; a Governor and seven assistants were annually ehosen by the whole body of freemen ; the General Court had been established, and trial by jury had been ordered. Few laws had been passed, and prior to 1636 such as were enacted related chiefly to police and military regula- tions, the division of lands, and the settlement of estates. On the 15th of October in that year, " the

ordinances of the colony and corporacon being read, divers were found worthy the reforming, others the neglecting, and others fitt to be instituted and made." This was the first revision of the laws, and as entered in the records contains many bearing the date of 1636 which had doubtless been in force for a number of years. In the earliest years the colony was little more than a voluntary association controlled by a majority, and only such laws were passed as related to necessities and conditions not met by the English code. Such as they were, however, until 1639 were passed by the whole body of freemen, constituting the General Court. One of the early enactments of this court deelared "that now being assembled according to order and having read the Combinacon made at Cape Cod (compact) the 11th of November, 1620, in the year of the reign of our late sovereign Lord King James of England, France, and Ireland the eighteenth, and of Scotland the fifty-fourth, as also our letters Patents confirmed by the honorable council, his said Majestie established and granted the 3rd of January, 1629, in the fifth year of the reign of our sovereign Lord King Charles. And finding that as free-born subjects of the state of England we hither came en- dowed with all and singular the privileges belonging to such in the first place, we think good that it be established for an aet, That according to the due priv- ilege of the subject aforesaid, no imposicon, law, or ordinance be made or imposed upon us by ourselves or others at present, or to come, but such as shall be made or imposed by consent according to the free liberties of the State and Kingdom of England and no otherwise." At the same time it was provided " that the laws and ordinances of the colony, and for the government of the same, be made only by the freemen of the corporation and no others." It is not difficult to discover in these enactments the germ of that free and democratic spirit which, under the fav- orable conditions to which they were destined to be subjeeted, has developed those popular institutions under which we live.

The Governor and seven assistants made up the Court of Assistants. There was at first no Deputy Governor, but in 1636 the Governor was authorized, with the consent of the assistants, to appoint one of their number to govern during his absence, and in 1651 authority was given to the Governor " to depute any one of the assistants whom he shall think meet to be in his room, when he is occasioned to be absent, as a Deputy Governor." In 1679 it was enacted " that the Deputy. Governor be under oath as such, and therefore annually chosen," and from that time that officer was a recognized part of the government.

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HISTORY OF PLYMOUTH.

The offices. both of Governor and assistants, were obligatory on the first election, and by one of the earliest laws a fine of twenty pounds was provided for a refusal of any one "to hold and execute the office of Governor for his year," and one of ten pounds for a refusal to act as assistant. Until 1636 all trials were had in the General Court, but in that year it was enacted that the Governor and two assist- ants might try civil cases involving an amount not exceeding forty shillings, and criminal cases involving a small fine. In the same year it was provided " that a great quest be panelled by the Governor and assist- ants, or the major part of them, and warned to serve the king by inquiring into the abuses and breaches of such wholesome laws and ordinances as tend to the preservation of the peace and good of the subject, and that they present such to the court as they either find guilty or probably suspect, that so they may be prosecuted by the Governor by all due means." In 1666, after provision had been made for the choice of selectmen, it was enacted that civil cases involving less than forty shillings should be tried by that board.

The General Court was composed of all the free- men of the colony. They chose the officers of the government and made the laws. The first list of freemen in the records is found under date of 1633, as follows :

Edward Winslow, Governor. Capt. Miles Standish, ) William Bradford, John Howland, Jobn Alden, John Done, Stephen Hopkins, William Gilson, Isaac Allerton. Thomas Prence. Ralph Smith.

Council or Assistants.

John Dunham. William Pontus. Francis Weston.

Joshua Pratt.

Phineas Pratt.

Peter Brown. George Soule. Edmund Chandler. Christopher Wadsworth. Thomas Clarke. Henry Howland. Kenelm Winslow. Josiah Winslow. Richard Sparrow. Humphrey Turner. Anthony Savery.

William Brewster. Samnel Fuller, Sr. John Jenny. Robert Hickes.

Manassah Kempton. William Wright. Francie Cooke. Francis Eaton.

Roger Chandler. Robert Bartlett.

Jonathan Brewster.

John Winslow. John Coombs. John Shaw.

Anthony Annable.

John Adams. Stephen Deane. Stephen Tracy. William Basset. Ralph Wallen.

Samnel Eddy. Philip Delano. Abraham Peirce.

Ralph Fogg. William Collier. John Cooke.

Edward Doty.

Thomas Willet. Thomas Cushman.

Admitted Afterwards.

John Barnes.

Richard Higgins.

George Watson.

Moses Simonson.

Isaac Robinson.

Richard Cluffe.

James Cole.

Thomas Atkinson. Jan. 5, 1635.

Samuel Fuller.

James Cudworth.

Timothy Hatherley.

Samuel Howse.

John Browne.

William Palmer, Jr.

Henry Samson.

John Holmes.

William Hatch.

William Hoskins.

George Kenrick.

John Cooper.

March 1. Love Brewster.

Henry Rowley.

Oct. 4. Nathaniel Sowther.

These men and their successors constituted the General Court, which was the original type and model of the General Court of Massachusetts to-day, as the Governor and assistants were the germ of the Governor and Council as they now exist. The free- men were at first the signers of the compact, and such persons as might be added by a majority vote. In 1656 it was ordered that " such as arc admitted to be freemen of the corporation, the deputies of such towns where such persons live shall propound them to the court, being such as have been also approved by the freemen in that town where such persons live,"and in 1658 these words were added, " And upon satisfying testimony given from the freemen of these towns by their deputies such to be forthwith received without any further delay at the same court when such testimony is given." It must be explained that the deputies were the representatives to the General Court, who, in 1639, after the population of the colony became scattered, and found it impracticable to attend in a body, it was provided by law should be chosen in each town. From that year the General Court became a representative body, as it is to-day. In 1658 it was further "enacted by the court and the authorities thereof that all such as shall be ad- mitted freemen of this corporation shall stand one whole year propounded to the court, viz., to be pro- pounded at one June Court, and to stand so pro- pounded until the June court following, and then to be admitted if the court shall not see cause to the contrary." In 1674 it was enacted "by the court and the authority thereof as to the orderly admit- tance of freemen ; first that the names of the freemen in each town be kept upon town record, and that no man's name shall be brought into the court to be propounded to take up his freedom, unless he have had the approbation of the major part of the frec- men at home, and the same to be signified to the court under the town clerk's hand by the Deputies." In 1658 it was still further enacted " that all such as

Experience Mitchell. Edward Bangs. Nicholas Snow. John Faunce. Richard Church. Joseph Rogers. Henry Cohb.

Samnel Nash.

William Palmer. Cuthbert Cuthbertzon. William Holmes.

James Hurst.

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HISTORY OF PLYMOUTH COUNTY.

refuse to take the oath of fidelity as Quakers, or such as are manifest encouragers of such, shall have no voice in choice of publie officers in the place where they dwell, or shall be employed in any place of trust while they continue such ; that no Quaker, Rantor, or any such corrupt person shall be admitted to be a freeman of this corporation ; that all such as are op- posers of the good and wholesome laws of this colony, or manifest opposers of the true worship of God, or such as refuse to do the country service being ealled thereunto shall not be admitted freemen of this eor- poration, being duly convicted of all or any of these ; and that if any person or persons that or shall be freemen of this corporation that are Quakers, or such as are manifest encouragers of them, and so judged by the court and of the laws thereof, and such as judged by the court gravely seandalous; as liers, drunkards, swearers, ete., shall lose their freedom of this corporation." Finally, in 1671, it was provided that freemen must be twenty-one years of age, of sober and peaceable conversation, orthodox in the fundamentals of religion, and possessed of twenty pounds of ratable estate in the colony.

Precisely what the powers and duties of the Gov- ernor and assistants were in the earliest days, it is difficult to say. In 1636, those of the Governor were defined by law as follows :

"The office of the Governor for the time being consists in the exeeueon of such laws and ordinances as are or shall he made and established for the good of the eorporaeon, according to the severall hounds and limits thereof, vizt. : In ealling together or advising with the Assistants or Conneell of the said eorpo- racon upon sueh materiall occasion (on so seeming to him) as time shall hring foorth. In which assembly and all others, the Governor to propound the occasion of the Assembly, and have a double voiee therein. If the Assistants judge the ease too great to he decided by them, and refer it to the Generall Court, then the Governor to summon a Court by warning all the ffreemen aforesaid that are then extant and these also to propound eauses and goe before the Assistants in the examination of ptieulars, and to propound such sentenee as shall be determined : ffur- ther, it shall be lawfull for him to arrest and comit to ward any offenders, provided that with all convent spede he shall bring the cause to heareing, either of the Assistance or General Court, according to the nature of the offenee. Allso, it shall he lawfull for him to examine any suspicious persons for evill against the Colony, as to intereept or oppose such as he conceiveth may tend to the overthrow of the same. And this offieer continue one whole yeare and no more without renewing by eleeon."

In the same year .it was also provided, " That no person or persons hereafter shall be admitted to live and inliabit within the government of New Plymouth, without the leave and liking of the Governor, or two of his assistants at least." The Governor was re- quired to take the following oath :

"You shall sweare to be truly loyall to our Sovereigne Lord

King Charles, the State and Government of England as it now stands, his heires and successors. Also, according to that measure of wisdom, understanding, and discerning, given unto you, faithfully, equally, and indifferently, without respeet of psons, to administer justice in all eases coming before you as the Governor of New Plymouth. You shall in like mnanner faith- fully stay and truly execute the lawes and ordnances of the same. And shall lahor to advance and further the good of the Colonies and Plantacions within the limits thereof, to the ut- most of your power, and oppose anything that shall seeme to hinder the same. So help you God, who is the God of truth and punisher of falsehood."

The assistants and freemen were also required to take an oath, and the law of 1636 provided that " the office of an Assistant for the time being, consisteth in appearing at the Governor's summons and in giving his best advice, both in publie Court and in private Couneil with the Governor, for the good of the colo- nies within the limits of this Government. Not to diselose, but to keep seeret such things as coneern the publie good, and shall be thought meet to be con- cealed by the Governor and Council of Assistants. In having a special hand in the examination of publie offenders, and in contriving the affairs of the colony. To have a voiee in the eensuring of such offenders as shall not be brought to publie Court. That if the Governor have occasion to be absent from the colony for a short time, by the Governor, with the rest of the Assistants, he may be deputed to govern in the absence of the Governor. Also, it shall be lawfull for him to examine and commit to ward where any occasion ariseth when the Governor is absent, provided the person be brought to further hearing with all convenient speed, before the Gov- ernor or the rest of the Assistants. Also, it shall be lawful for him, in his Majesties name, to direet his warrants to any constable within the Government, who ought faithfully to execute the same according to the nature and tenure thereof. And may bind over persons for matters of erime to answer at the next ensuing Court of his Majestie, after the faet committed on the persons apprehended." In the early years of the colony, all its offieers were chosen on the 23d of March, the day before the last in the old style of year, afterwards for a time on the 1st of January, then by the law of 1636, ou the first Tues-, day in March, and finally, after 1641, on the first Tuesday in June. Notwithstanding the establish- ment of the new General Court in 1639, composed of deputies from the various towns, the whole body of freemen constituted the eleetors and chose the officers. The new General Court had only the power to enaet laws, and even theu the freemeu might repeal or veto on the next annual election day. The law passed in 1638 establishing the uew court, is worthy of a place

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 23

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1884 Publisher: Philadelphia, J.W. Lewis & co. Number of Pages: 1706

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706