USA > Massachusetts > Plymouth County > Scituate > The early planters of Scituate; a history of the town of Scituate, Massachusetts, from its establishment to the end of the revolutionary war > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31
11
CAUSES OF EMIGRATING
other shall haue graunted and allowed to him & them and his & their heires respectyvelie for euy pson so transported or dyeing after he is shipped one hundred acres of Land, and also that euy pson or psons who by contract & agreamt to be had & made with the said Vndertakes shall at his & their owne charge transport him & themselves or any other and setle and plant themselves in New England with the said Seven Yeeres for three yeeres space as aforesaid or dye in the meane tyme shall haue graunted & allowed to him & them and his & their heires respectyvelie for euy pson so transported or dyeing after he is shipped one hundred acres of Land, and also that euy pson or psons who by contract & agreamt to be had & made with the said Vndertaker shall at his & their owne charge transport him & themselves or any other and setle and plant themselves in New England with the said Seven Yeeres for three yeeres space as aforesaid or dye in the meane tyme shall haue graunted & allowed vnto euy pson so transporting or transported and their heires & assignes respectyvely the like nomber of one hundred acres of Land as aforesaid the same to be by him & them or their heires & assignes respectyvely the like number of one hundred acres of Land as aforesaid the same to be by him & them or their heires & assignes chosen in any entyre place together and adioyning to the aforesaide Lande and not straglingly not before the tyme of such choyce made possessed or inhabited by any English Company or within tenne myles of the same (except it be on the opposite side of some great Navigable Ryver as aforesaid YIELDING and paying vnto the said President and Counsell for euy hundred acres so obtenyed and possessed by the said John Peirce and his Associats and by those said other psons and their heires & assignes who by Contract as aforesaid shall at their owne charge transport them-
12
THE EARLY PLANTERS OF SCITUATE
selves or others the Yerely rent of Two shillings at the feast of St. Michaell Tharchaungell to the hand of the Rentgatherer of the said President & Counsell and their successors foreu the first paymt to begyn after the expiracon of the first seaven Yeeres next after the date hereof AND further it shalbe lawfull to and for the said John Peirce and his Associats and such as contract with them as aforesaid their Tennte & srvante vpon dislime of or in the Country to returned for England or elsewhere with all their goods & chattels at their will & pleasure without lett or disturbance of any paying all debts that iustly shalbe demaunded AND likewise it shalbe lawful and is graunted to and for the said John Peirce and his Associats & Planters their heires & assignes their Tennts & srvants and such as they or any of them shall contract with as aforesaid and send and ymploy for the said plantacon to goe & returne trade traffiz import or transport their goods & mchaundize at their will & pleasure into England or elsewhere paying only such duties to the Kings matie his heires & successors as the President and Counsell of New England doe pay without any other taxes Imposicons burthens or restrains whatsoeu vpon them to be ymposed (the rent hereby resved being onely excepted) AND it shalbe lawful for the said Vnder- takers & Planters, their heires & successos freely to truck & traffiq with the Salvages in New England or neighboring theareabouts at their wills & Pleasures without lett or disturbance. As also to haue libtie to hunt hauke fish or fowle in any place or places not now or hereafter by the English inhabited. AND THE SAID President & Counsell do covennt & promyse to and with the said John Peirce and his Associats and others contracted wth as aforesaid his and their heires & assignes. That vpon lawful srvey to be had & made at the charge of the said Vndertakers & Planters and lawful informacon geven of the bownds, meete, and
13
CAUSES OF EMIGRATING
.
quantytie of Lands so as aforesaid to be by them chosen & possessed they the said President & Counsell vpon srender of this pnte graunt & Indenture and vpon reasonable request to be made by the said Vndertakers & Planters their heires & assignes within seaven Yeeres now next coming, shall and will be their Deed Indented and vnder their Comon seale graunt infeoffe I confirme all and euy the said lands so sett out and bownded as aforesaid to the said John Peirce and his Associats and such as contract with them their heires & assignes, Letters & Graunts of Incorporacon by some vsuall & fitt name & tytle with Liberty to them and their successors from tyme to tyme to make orders Lawes Ordynaunce & Constitucons for the rule government ordering & dyrecting of al psons to be transported & settled vpon the lands hereby graunted, intended to be graunted or hereafter to be graunted and of the said Lands & proffitt thereby arrysing. And in the meane tyme vntill such graunt made, Yt shalbe lawful for the said John Peirce his Associats Vndertakers & Planters their heires & assignes by cnsent of the greater pt of them & To establish such Lawes & ordynaunces as are for their better government, and by the same by most voyces elect & choose to put in execucon. And lastly the said President and Counsell do graunt and agree to and with the said John Peirce and his Associats and others contracted with and ymployed as áforesaid their heires & assignes. That when they haue planted the Lands hereby to them assigned & appoynted, That then it shalbe lawfull for them with the pryvitie & allowance of the President & Counsell as aforesaid to make choyce of to enter into and to haue an addi- tion of fiftie acres more for euy pson transported into New England with like resvacons condicons & priviledges as are aboue graunted to be had and chosen in such place or places where no English shalbe then setled or inhabiting or haue made choyce of and
-
14
THE EARLY PLANTERS OF SCITUATE
the same entered into a boke of Acts at the tyme of such choyce so to be made or within tenne Myles of the same (excepting on the opposite side of some great Navigable Ryver as aforesaid. And that it shall and mybe lawfull for the said John Peirce and his Associats their heires and assignes from tyme to tyme and at all tymes hereafter for their seuall defence & savetie to encounter expulse repell & resist by force of Armes as well by Sea as by Land and by all wayes and means whatsoeu such pson & psons as without the especiall lycense of the said President or Counsell and their successors or the greater pt of them shall attempt to inhabit within the seuall psincts & lymyette of their said plantacon. AND THE SAID John Peirce and his associats and their heires & assignes do covennt & promyse to & with the said President & Counsell and their successors That they the said John Peirce and his Associats from tyme to tyme during the said Seaven Yeeres shall make a true Certificat to the said President & Counsell into a Register book for that purpose to be kept. And the said John Peirce and his Associats Jointly and seually for them their heires & assignes do covennt promyes & graunt to and with the said President & Counsell and their successors That the psons transported to this their pticular plantacon shall apply themselves & their Labors in a large & competent mann to the planting setting making & procuring of good & staple comodyties in & vpon the said Land hereby graunted vnto them as Corne & silk- grasse hemp flaxe pitch & tarre sppeashes and potashes Yrn Clapbord and other the like materialls. IN WITNESS WHEREOF the said President and Counsell haue to the one pt of this pnte Indenture sett their seales and to th' other pt hereof the said John Peirce in the name of himself and his said Associats haue sett to his seale geven the day and yeeres first above written."
15
CAUSES OF EMIGRATING
Less than a year after this patent was issued, April 20, 1622, Peirce clandestinely obtained another similar patent from the Council for New England to himself personally. He did not profit by this perfidy : on May eighteenth, 1623, under compulsion because of it, he sold all his interest in both, to his Associates for five hundred pounds.
How little was known of the extent of this "wilderness" or else how unscrupulous was the aged James in alloting lands on the North American coast which he had previously patented to others, is apparent from the tangle in titles which followed the founding of Scituate in 1636. While the freemen of Plymouth and Duxbury held title to their lands through the grant from the Council for New England, the ownership of the soil of Scituate was, as to a certain part of it, long in dispute. Gorges and his Associates were, however, glad to have this nucleus of a successful colony firmly established north of their holdings in Virginia. They encouraged others to follow. f Some of these "were very useful persons, and became good members to the body ; some were the wives and children of such as were here already; and some were so bad as they were fain to be at charge to send them home again the next year." Some came "on their own particular" as it was called. Cushman says of these latter that they "came without my consent, but the importunity of their friends got promise of our Treasur- er in my absence. . All finally had title to the lands improved by them confirmed. cos
¡ Georges and his fellow patenties were all loyal Churchmen. They would have preferred for the new colonizers other than Sep- aratists. They took, however, whomsoever they could get. Pal- frey's New England Vol. 1, page 216.
Bradford History page 143.
The Georges' letters patent were confirmed by the Council for New England to the Plymouth Colony January 13, 1629. Plymouth Colony Records (Laws) Vol. XI page 6.
CHAPTER II
MERCHANT ADVENTURERS
Here, on this rock, and on this sterile soil, Began the Kingdom not of Kings, but men; Began the making of the world again.
Here struck the seed-the Pilgrim's roofless town, Where equal rights and equal bonds were set, Where all the people equal franchised met; Where doom was writ of privilege and crown; Where human breath blew all the idols down; Where crests were nought, where vulture flags were furled, And common men began to owen the world. t
HILE the Pilgrims were overcoming the obstacles and hardships incident to their new residence, the Mer- chant Adventurers of London and the Council for New England were engaged in strife in the mother country. The members of the former also quarrelled amongst themselves. A large number early disagreed with Weston and seem to have withdrawn from all business relations with him, fol- lowing the dispute over the charters of the Mayflower and Speedwell.
In 1622 the partners, forty-two in number, purchased all of Weston's interest in the Company and thereafter, with the exception of John Beauchamp, who engaged with him in fitting out the Sparrow, their ways diverged.
¡ From the poem "The Pilgrim Fathers" written for and read at the dedication of the Pilgrim Monument at Plymouth by John Boyle O'Reilly, August 1, 1889.
17
MERCHANT ADVENTURERS
Upon the return of the Mayflower with no cargo, Weston was much incensed and likewise little pleased at the meager lading of barrel staves and furs of the value of £500, which came later in the Fortune on her return to London. Before the arrival of the latter he had sold out to his partners, assigning at the same time the balance of the debt (£6500) still due to him on account of his original investment. With the exception of William Collier, John Revell, Thomas Andrews, Thomas Brewer, Henry Browning, John Knight, Samuel Sharp, Thomas Ward, John White and Timothy Hatherly, none of the Adventurers came to New England.
The latter came to Plymouth in the Anne in 1623 and remained two years. He suffered from fire and probably went back with Isaac Allerton in 1626. In that year Aller- ton was sent by the colonists to England who "gave him order to make a composition with ye adventurers, upon as goods termes as he could (unto which some way had ben made ye year before by Captain Standish) ; but yet injoined him not to conclud absolutly till they know ye termes, and had well considered of them; but to drive it to as good an issew as he could, and referr ye conclusion to them."t
Upon his return in 1627 he brought this agreement :-
To all Christian people, greeting, &c. Whereas at a meeting ye 26 of October last past, divers & sundrie persons, whose names to ye one part of these presents are subscribed in a schedule hereunto annexed, Adven- tures to New-Plimoth in New-England in America, were contented and agreed, in consideration of the sume of one thousand and eight hundred pounds ster- ling to be paid, (in manner and forme folling,) to sell, and make sale of all & every ye stocks, shares, lands, marchandise, and chatles, whatsoever, to ye said ad- venturers, and other ther fellow adventurers to New Plimoth aforesaid, any way accruing, or belonging to ye generalitie of ye said adventurers aforesaid; as well by reason of any sume or sumes of money, or marchan-
The Bradford History, page 252.
18
THE EARLY PLANTERS OF SCITUATE
dise, at any time heretofore adventured or disbursed by them, or other wise howsoever; for ye better expres- sion and setting forth of which said agreements, the parties to these presents subscribing, doe for themselves severally, and as much as in them is, grant, bargan, alien, sell and transfere all & every ye said shares, goods, lands, marchandice, and chatle to them belong- ing as aforesaid, unto Isaack Alerton, one of ye planters resident at Plimoth afforesaid, assigned, and sent over as agent for ye rest of he planters ther, and to such other planters at Plimoth afforesaid as ye said Isaack, his heirs, or assignes, at his or ther arrivall, shall by writing or otherwise thinke fitte to joyne or partake in ye premisses, their heirs, & assignes, in as large, ample, and beneficiall maner and forme, to all intents and purposes, as ye said subscribing adven- turers here could or may doe, or performe. All which stocks, shares, lands &c to the said adven: in severall- itie alloted, apportioned, or any way belonging, the said adven : doe warrant & defend unto the said Isaack Allerton, his heirs and assignes, against them, their heirs and assignes, by these presents. And therefore ye said Isaack Allerton doth, for him, his heirs & assigns, covenant, promise & grant too & with ye adven: whose names are here unto subscribed, ther heirs, &c. well & truly to pay, or cause to be payed, unto ye said adven : or 5 of them which were, at yt meeting afforsaid, nominated & deputed, viz. John Pocock, John Beauchamp, Robart Keane, Edward Base and James Sherley, marchants, their heirs, &c. too and for ye use of ye generallitie of them, the sume of 1800 £ of law- full money of England, at ye place appoynted for ye receipts of money, on the west side of ye Royall Ex- chanig in London, by 200 £ yearly, and every year, on ye feast of St. Migchell, the first payment to be made Ano: 1628. &c. Allso ye said Isaack is to indeavor to procure & obtaine from ye planters of N. P. aforesaid,
19
MERCHANT ADVENTURERS
securitie, by severall obligations, or writings obliga- tory, to make paiment of ye said sume of 1800 £ in forme afforsaid, according to ye true meaning of these presents. In testimonie whereof to this part of these presents remaining with ye said Isaack Allerton, ye said subscribing adven: have sett to their names, &c. And to ye other part remaining with ye said adven : the said Isaack Allerton hath subscribed his name, ye 15. Novbr. Ano. 1626 in ye 2 year of his Majesties raigne.
Hatherly was then in England and subscribed to it in London. It will be noticed that this agreement speaks of the signers as "Adventurers to New Plymouth in New England in America" and that it is proposed to "make sale" and "grant, bargain, sell and transfere all and every ye said shares, goods, lands, marchandice and chatles to them be- longing as aforesaid, unto Isaac Allerton, one of ye planters resident at Plimoth aforesaid, assigned, and sent over as agent for ye rest of ye planters ther, and to such other planters at Plimoth, aforesaid, as ye said Isaac, his heirs, or assigns, at his or ther arrivall shall be writing or other- wise think fitte to joyne or partake in ye premises." From this it must be apparent that the lands which had been conveyed to Allerton to be allotted and apportioned among those planters who "by writing or otherwise think ftte to joyne or partake in ye premises" were only those lands upon which the Plymouth men had actually settled and the patent to which, they had received in association with the London Company from Gorge's "Counsell for New England." The point is, that Hatherly, Andrews, Sherley and Beau- champ, who had succeeded to the title of the forty-two Merchant Adventurers of London, thus early claimed the land at Scituate through their original grant with and subsequent purchase from Peirce and Weston. They did not recognize the right of the Colony Court to dispose of it to others. Hence the apparent deference of that body to these gentlemen, when it was ordered July 1, 1633 "that the whole tract of land between the Brooke at Scituate on
20
THE EARLY PLANTERS OF SCITUATE
the Norwest side and Conahasset, be left undisposed of till we know the resolucon of Mr. James Sherley, Mr. John Beauchamp, Mr. Rich. Andrews and Mr. Tymothy Hatherly as also that porcon of land lately made choice of by Mr. Hatherly aforesaid." i "That porcon lately made choice of" by Hatherly was undoubtedly land which had been set off to him as a freeman and the "whole tract" above mentioned was that which he owned in common with his partners Beauchamp, Andrews and Sherley. ±
Hatherly had been largely concerned in the trading and colonization schemes of the Adventurers, yet he was, not less than Bradford, Winslow and Carver, a Separatist of the most pronounced character, entertaining determined views upon the subject of religious freedom. These views, coupled with a shrewd business instinct, constituted the force that impelled him finally and permanently to a land of unknown hardships.
Also, he and his remaining partners claimed title to a large tract of land. The Governor and Assistants, who to- gether constituted the Colony Court, did not however readily agree to this claim. Although they had deferred to the "resolution" of the partners, in 1635 the Governor (Mr. Prence), Mr. Collier, Mr. Alden, Mr. Brown and Mr. Howland were directed "by the Court to view that portion of the ground on the north side of North River §
+ Plymouth Colony Records Vol. 1, page 13.
Hon. Perez Simmons, counsel for the plaintiff in the case of Litchfield vs Scituate, held this view, although Justice Field held that "the foundation of Hatherly's title is a grant from the Colony of Plymouth to himself and his three associates." In the determination of this case it was unnecessary for the Court to go back into the years preceding the execution of that deed. Its de- livery by the Colony Court was based upon the recognition by that body of the justice of the Hatherly claim to title growing out of the original grant by King James to Gorges and The Counsel for New England, the grantors of the London Company.
§ This is manifestly an error of the Record. Satuit Brook is the stream intended and not the North River. By order of the Court dated April 12, 1633, Annable, Gilson and other men of Kent had already laid out Kent Street and were occupying the land north of the North River.
21
MERCHANT ADVENTURERS
and if they find it more beneficial for farms to Scituate than to these parts, then to allot it to them; if not to reserve it." They reserved it. On October second 1637 "It is enacted by the Court that the grant of land at Scituate made to Mr. Tymothy Hatherly, Mr. Andrews, Mr. Sherley and Mr. Beauchamp, shall extend three miles up into the woods from heigh water marke, provided that upon the view of Mr. Prince and Mr. Collyer, it do not too much pjudice the town of Scituate." This time Messrs, Prince and Collier must have been persuaded that the claims of Hath- erly and his associates were just, or perchance the court overruled them, for under date of March 6, 1638 the order of the previous October was confirmed, as it was found that it would not too much prejudice the town of Scituate:
"Forasmuch as by former order of this Court Mr. Prince & Mr. Collyer were appoynted to set bounds of lands at Scituate graunted to Mr. Hatherly, Mr. An- drews, Mr. Shurley and Mr. Beauchamp, three miles from the heigh water mark up into the land, which was in parte accordingly performed by them, and they measured aboute two miles from the heigh water mark, and found that by reason of the crookedness of the river, the land will so wynd towards Conahasset that it will not much prejudice the towneship of Scituate, -the Court doth herefore confirme the said lands unto the said Mr. Hatherley, Mr. Andrewes, Mr. Shurley and Mr. Beauchamp, to have and to hold to them and their heires & assignes forever." #
"No line appears to have been run at the time except the westerly line the record of which appears in a note to the last order." §
The Scituate freemen were ill content with this situation.
++ cascos Litchfield v Scituate 136 Mass. page 41.
Plymouth Colony Records, Vol. 1, pages 130, 136 and 147.
Plymouth Colony Records, Vol. 1, page 80.
Litchfield v Scituate 136 Mass. page 41.
22
THE EARLY PLANTERS OF SCITUATE
In 1652 they applied for and obtained a review by the Court of its order of October 2, 1637, but upon hearing and argument the Court held that "having seen and heard the review, we cannot but allow and ratify the line done by our order." Notwithstanding this decision the controversy with the town was not quieted. In 1654, the Colony Court, apparently seeking to pacify the inhabitants made an order "In regard to sundry contentions and entanglements betwixt 'Mr. Hatherly and sundry inhabitants of Scituate, the Court doth grant unto Mr. Hatherly, to satisfy the partners of Conihasset, a certain competency of land, out of the bounds of any particular township, on the westerly side of the town of Scituate aforesaid." Later, in 1656, it ordered "that the Town (Scituate) take some speedy course to run out their head or westerly line between the pond at Indian Head River and Accord Pond, otherwise, if they neglect it, and the Court grant land that may be found to prejudice them, they may blame themselves." Apparently the Colony Court having decided in favor of Hatherly in 1637, was bound to stand with him, for after this plain warning in July 1666, it further granted to him "a tract three miles square, extending from Accord Pond three miles Southerly."
These orders of the Court were acquiesced in during the lifetime of Hatherly. After his death in 1671 another re- view was had and a committee of eight persons, four from the Conihasset partners and four representing the town sat with the magistrates. It was an abortive attempt, however, to settle the dispute that had gone on for thirty-eight years. Twelve years later, it was accomplished. John Cushing and Samuel Clap were chosen by the town t with such others as the Court should appoint, as a committee ordered by the Court on March 8, 1683 to run the line. This committee, agreed and reported "that the line should extend three miles
7 Scituate Records Vol VI. The Court named Cushing, Capt. Josiah Standish and William Peabody of Duxbury, Marke Eames of Marshfield and Capt. John Briggs of Scituate. Plymouth Col- ony Records Vol. VI, page 103.
23
MERCHANT ADVENTURERS
from the high water mark in Satuit Brook, N. W. and W. then three miles N. and W. to Bound Brook." The Court not only confirmed this report but ordered a deed to be executed by the Governor and delivered to Hatherly's suc- cessors in title. This deed signed by Thomas Hinckley, Governor, and Nathaniel Clark, Secretary, was as follows:
"To all peoples to whom these presents shall come. Know ye that Whereas the Governor of the Colony of New Plymouth and his Associates assembled in General Court in June Anno Domini one thousand six hundred and eighty and five did order and empower the Court of Magistrates in said Colony from time to time, at the request of any concerned to view and ex- amine any former grants of land made by Court to any Town, Society or particular person. And upon exam- ination, as aforesaid, to confirm and ratify such grant or grants by causing the public seal of the said Colony to be affixed to such their confirmation, as per said Court Records may appear.
"And Whereas, in the year one thousand six hundred thirty and three Mr. William Bradford and his associ- ates did reserve a tract of land at Conihasset so-called for the use of Mr. James Shirley, Mr. John Beacham, Mr. Richard Andrews and Mr. Timothy Hatherly, and after said reservation did grant and confirm the said lands to the said Gentlemen and their heirs and assigns forever, as per Court Records may appear.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.