Chapter 33

In y^e end boath Courts agreed to chose 2. comissioners of each side, and to give them full & absolute power to agree and setle y^e bounds betwene them; and what they should doe in y^e case should stand irrevocably. One meeting they had at Hingam, but could not conclude; for their comissioners stoode stiffly on a clawes in their graunte, That from Charles-river, or any branch or parte therof, they were to extend their limits, and 3. myles further to y^e southward; or from y^e most southward parte of y^e Massachusets Bay, and 3. mile further. But they chose to stand on y^e former termes, for they had found a smale river, or brooke rather, that a great way with in land trended southward, and issued into some part of y^t river taken to be Charles-river, and from y^e most southerly part of this, & 3. mile more southward of y^e same, they would rune a line east to y^e sea, aboute 20. mile; which will (say they) take in a part of Plimoth itselfe. Now it is to be knowne y^t though this patente & plantation were much the ancienter, yet this inlargemente of the same (in which Sityate stood) was granted after theirs, and so theirs were first to take place, before this inlargmente. Now their answer was, first, that, however according to their owne plan, they could noway come upon any part of their ancieante grante. [232] Secondly. They could never prove y^t to be a parte of Charles-river, for they knew not which was Charles-river, but as y^e people of this place, which came first, imposed such a name upon y^t river, upon which, since, Charles-towne is builte (supposing y^t was it, which Captaine Smith in his mapp so named). Now they y^t first named it have best reason to know it, and to explaine which is it. But they only tooke it to be Charles river, as fare as it was by them navigated, and y^t was as farr as a boate could goe. But y^t every runlett or small brooke, y^t should, farr within land, come into it, or mixe their stremes with it, and were by y^e natives called by other & differente names from it, should now by them be made Charles-river, or parts of it, they saw no reason for it. And gave instance in Humber, in Old England, which had y^e Trente, Ouse, and many others of lesser note fell into it, and yet were not counted parts of it; and many smaler rivers & broks fell into y^e Trente, & Ouse, and no parts of them, but had nams aparte, and divisions & nominations of them selves. Againe, it was pleaded that they had no east line in their patente, but were to begine at y^e sea, and goe west by a line, &c. At this meeting no conclution was made, but things discussed & well prepared for an issue. The next year y^e same co[=m]issioners had their power continued or renewed, and mett at Sityate, and concluded y^e mater, as followeth.

_The agreemente of y^e bounds betwixte Plimoth and Massachusetts._

Wheras ther were tow comissiones granted by y^e 2. jurisdictions, y^e one of Massachsets Govermente, granted unto John Endecott, gent: and Israell Stoughton, gent: the other of New-Plimoth Govermente, to William Bradford, Gov^r, and Edward Winslow, gent: and both these for y^e setting out, setling, & determining of y^e bounds & limitts of y^e lands betweene y^e said jurisdictions, wherby not only this presente age, but y^e posteritie to come may live peaceably & quietly in y^t behalfe. And for as much as y^e said comissioners on both sids have full power so to doe, as appeareth by y^e records of both jurisdictions; we therfore, y^e said comissioners above named, doe hearby with one consente & agreemente conclude, detirmine, and by these presents declare, that all y^e marshes at Conahasett y^t lye of y^e one side of y^e river next to Hingam, shall belong to y^e jurisdition of Massachusetts Plantation; and all y^e marshes y^t lye on y^e other side of y^e river next to Sityate, shall be long to y^e jurisdiction of New-Plimoth; excepting 60. acers of marsh at y^e mouth of y^e river, on Sityate side next to the sea, which we doe herby agree, conclude, & detirmine shall belong to y^e jurisdition of Massachusetts. And further, we doe hearby agree, determine, and conclude, y^t the bounds of y^e limites betweene both y^e said jurisditions are as followeth, viz. from y^e mouth of y^e brook y^t runeth into Chonahasett marches (which we call by y^e name of Bound-brooke) with a stright & directe line to y^e midle of a great ponde, y^t lyeth on y^e right hand of y^e uper path, or commone way, y^t leadeth betweene Waimoth and Plimoth, close to y^e path as [233] we goe alonge, which was formerly named (and still we desire may be caled) Accord pond, lying aboute five or 6. myles from Weimoth southerley; and from thence with a straight line to y^e souther-most part of Charles-river,[EF] & 3. miles southerly, inward into y^e countrie, according as is expresed in y^e patente granted by his Ma^tie to y^e Company of y^e Massachusetts Plantation. Provided allways and never y^e less concluded & determined by mutuall agreemente betweene y^e said comissioners, y^t if it fall out y^t the said line from Accord-pond to y^e sothermost parte of Charles-river, & 3. myles southerly as is before expresed, straiten or hinder any parte of any plantation begune by y^e Gove^rt of New-Plimoth, or hereafter to be begune within 10. years after y^e date of these ps^{nts}, that then, notwithstanding y^e said line, it shall be lawfull for y^e said Gov^rt of New-Plimoth to assume on y^e northerly side of y^e said line, wher it shall so intrench as afforesaid, so much land as will make up y^e quantity of eight miles square, to belong to every shuch plantation begune, or to [be] begune as afforesaid; which we agree, determine, & conclude to appertaine & belong to y^e said Gov^rt of New-Plimoth. And wheras y^e said line, from y^e said brooke which runeth into Choahassett saltmarshes, called by us Bound-brooke, and y^e pond called Accord-pond, lyeth nere y^e lands belonging to y^e tounships of Sityate & Hingam, we doe therfore hereby determine & conclude, that if any devissions allready made and recorded, by either y^e said townships, doe crose the said line, that then it shall stand, & be of force according to y^e former intents and purposes of the said townes granting them (the marshes formerly agreed on exepted). And y^t no towne in either jurisdiction shall hereafter exceede, but containe them selves within y^e said lines expressed. In witnes wherof we, the comissioners of both jurisdictions, doe by these presents indented set our hands & scales y^e ninth day of y^e 4. month in 16. year of our soveraine lord, king Charles; and in y^e year of our Lord, 1640.

WILLIAM BRADFORD, GOV^R. ED: WINSLOW. JO: ENDECOTT. ISRAELL STOUGHTON.

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

Wheras William Bradford, and diverce others y^e first instruments of God in the begi[=n]ing of this great work of plantation, togeather with such as y^e allordering hand of God in his providence soone added unto them, have been at very great charges to procure y^e lands, priviledges, & freedoms from all intanglments, as may appeare by diverse & sundrie deeds, inlargments of grants, purchases, and payments of debts, &c., by reason wherof y^e title to y^e day of these presents [234] remaineth in y^e said William Bradford, his heires, associats, and assignes: now, for y^e better setling of y^e estate of the said lands (contained in y^e grant or pattente), the said William Bradford, and those first instruments termed & called in sondry orders upon publick recorde, Y^e Purchasers, or Old comers; witnes 2. in spetiall, the one bearing date y^e 3. of March, 1639. the other in Des: the 1. An^o 1640. wherunto these presents have spetiall relation & agreemente, and wherby they are distinguished from other y^e freemen & inhabitants of y^e said corporation. Be it knowne unto all men, therfore, by these presents, that the said William Bradford, for him selfe, his heires, together with y^e said purchasers, doe only reserve unto them selves, their heires, and assignes those 3. tractes of land mentioned in y^e said resolution, order, and agreemente, bearing date y^e first of Des: 1640. viz. first, from y^e bounds of Yarmouth, 3. miles to y^e eastward of Naemschatet, and from sea to sea, crose the neck of land. The 2. of a place called Acoughcouss, which lyeth in y^e botome of y^e bay adjoyning to y^e west-side of Pointe Perill, and 2. myles to y^e westerne side of y^e said river, to an other place called Acushente river, which entereth at y^e westerne end of Nacata, and 2. miles to y^e eastward therof, and to extend 8. myles up into y^e countrie. The 3. place, from Sowansett river to Patucket river, (with Cawsumsett neck,) which is y^e cheefe habitation of y^e Indeans, & reserved for them to dwell upon, extending into y^e land 8. myles through y^e whole breadth therof. Togeather with such other small parcells of lands as they or any of them are personally possessed of or intressed in, by vertue of any former titles or grante whatsoever. And y^e said William Bradford doth, by y^e free & full consente, approbation, and agreemente of y^e said old-planters, or purchasers, together with y^e liking, approbation, and acceptation of y^e other parte of y^e said corporation, surrender into y^e hands of y^e whole courte, consisting of y^e free-men of this corporation of New-Plimoth, all y^t other right & title, power, authority, priviledges, immunities, & freedomes granted in y^e said letters patents by y^e said right Honb^le Counsell for New-England; reserveing his & their personall right of freemen, together w^th the said old planters afforesaid, excepte y^e said lands before excepted, declaring the freemen of this corporation, togeather with all such as shal be legally admitted into y^e same, his associats. And y^e said William Bradford, for him, his heiers, & assignes, doe hereby further promise and grant to doe & performe whatsoever further thing or things, acte or actes, which in him lyeth, which shall be needfull and expediente for y^e better confirming and establishing the said premises, as by counsel lerned in y^e lawes shall be reasonably advised and devised, when he shall be ther unto required. In witness wherof, the said William Bradford hath in publick courte surrendered the said letters patents actually into y^e hands & power of y^e said courte, binding him selfe, his heires, executors, administrators, and assignes to deliver up whatsoever spetialties are in his hands that doe or may concerne the same.

[235] In these 2. years they had sundry letters out of England to send one over to end the buissines and accounte with M^r. Sherley; who now professed he could not make up his accounts without y^e help of some from hence, espetialy M^r. Winslows. They had serious thoughts of it, and y^e most parte of y^e partners hear thought it best to send; but they had formerly written such bitter and threatening letters as M^r. Winslow was neither willing to goe, nor y^t any other of y^e partners should; for he was perswaded, if any of them wente, they should be arested, and an action of such a su[=m]e layed upon them as they should not procure baele, but must lye in prison, and then they would bring them to what they liste; or other wise they might be brought into trouble by y^e arch-bishops means, as y^e times then stood. But, notwithstanding, they weer much inclined to send, & Captaine Standish was willing to goe, but they resolved, seeing they could not all agree in this thing, and that it was waighty, and y^e consequence might prove dangerous, to take M^r. Winthrops advise in y^e thing, and y^e rather, because M^r. Andrews had by many letters acquaynted him with y^e differences betweene them, and appoynted him for his assigne to receive his parte of y^e debte. (And though they deneyed to pay him any as a debte, till y^e controversie was ended, yet they had deposited 110^li. in money in his hands for M^r. Andrews, to pay to him in parte as soone as he would come to any agreement with y^e rest.) But M^r. Winthrop was of M^r. Winslows minde, and disswaded them from sending; so they broak of their resolution from sending, and returned this answer: that the times were dangerous as things stood with them, for they knew how M^r. Winslow had suffered formerley, and for a small matter was clapte up in y^e Fleete, & it was long before he could gett out, to both his & their great loss and damage; and times were not better, but worse, in y^t respecte. Yet, that their equall & honest minds might appeare to all men, they made them this tender: to refferr y^e case to some gentle-men and marchants in y^e Bay of y^e Massachusetts, such as they should chuse, and were well knowne unto them selves, (as they perceived their wer many of their aquaintance and freinds ther, better knowne to them then y^e partners hear,) and let them be informed in y^e case by both sids, and have all y^e evidence y^t could be prodused, in writing, or other wise; and they would be bound to stand to their determination, and make good their award, though it should cost them all they had in y^e world. But this did not please them, but they were offended at it, without any great reasone for ought I know, (seeing nether side could give in clear accountes, y^e partners here could not, by reason they (to their smarte) were failed by y^e accountante they sent them, and M^r. Sherley pretened he could not allso,) save as they conceived it a disparagmente to yeeld to their inferiours in respecte of y^e place and other concurring circomstances. So this came to nothing; and afterward M^r. Sherley write, y^t if M^r. Winslow would mett him in France, y^he Low-Countries, or Scotland, let y^e place be knowne, and he [236] come to him ther. But in regard of y^e troubles that now begane to arise in our owne nation, and other reasons, this did not come to any effecte. That which made them so desirous to bring things to an end was partly to stope y^e clamours and aspertions raised & cast upon them hereaboute; though they conceived them selves to sustaine the greatest wrong, and had most cause of complainte; and partly because they feared y^e fall of catle, in which most parte of their estats lay. And this was not a vaine feare; for they fell indeede before they came to a conclusion, and that so souddanly, as a cowe that but a month before was worth 20^li., and would so have passed in any paymente, fell now to 5^li. and would yeeld no more; and a goate that wente at 3^li. or 50^s. would now yeeld but 8. or 10^s. at most. All men feared a fall of catle, but it was thought it would be by degrees; and not to be from y^e highest pitch at once to y^e lowest, as it did, which was greatly to y^e damage of many, and y^e undoing of some. An other reason was, they many of them grew aged, (and indeed a rare thing it was that so many partners should all live together so many years as these did,) and saw many changes were like to befall; so as they were loath to leave these intanglments upon their children and posteritie, who might be driven to remove places, as they had done; yea, them selves might doe it yet before they dyed. But this bussines must yet rest; y^e next year gave it more ripnes, though it rendred them less able to pay, for y^e reasons afforesaid.

_Anno Dom: 1641._

M^r. Sherley being weary of this controversie, and desirous of an end, (as well as them selves,) write to M^r. John Atwode and M^r. William Collier, 2. of y^e inhabitants of this place, and of his speatiall aquaintance, and desired them to be a means to bring this bussines to an end, by advising & counselling the partners hear, by some way to bring it to a composition, by mutuall agreemente. And he write to them selves allso to y^t end, as by his letter may apear; so much therof as concernse y^e same I shall hear relate.

S^r. My love remembered, &c. I have writte so much concerning y^e ending of accounts betweexte us, as I profess I know not what more to write, &c. If you desire an end, as you seeme to doe, ther is (as I conceive) but 2. waise; that is, to parfecte all accounts, from y^e first to y^e last, &c. Now if we find this difficulte, and tedious, haveing not been so stricte & carefull as we should and oughte to have done, as for my owne parte I doe confess I have been somewhat to remisse, and doe verily thinke so are you, &c. I fear you can never make a perfecte accounte of all your pety viages, out, & home too & againe, &c.[EG] So then y^e second way must be, by biding, or [237] compounding; and this way, first or last, we must fall upon, &c. If we must warr at law for it, doe not you expecte from me, nether will I from you, but to cleave y^e heare, and then I dare say y^e lawyers will be most gainers, &c. Thus let us set to y^e worke, one way or other, and end, that I may not allways suffer in my name & estate. And you are not free; nay, y^e gospell suffers by your delaying, and causeth y^e professors of it to be hardly spoken of, that you, being many, & now able, should combine & joyne togeather to oppress & burden me, &c. Fear not to make a faire & reasonable offer; beleeve me, I will never take any advantage to plead it against you, or to wrong you; or else let M^r. Winslow come over, and let him have such full power & authority as we may ende by compounding; or else, y^e accounts so well and fully made up, as we may end by reconing. Now, blesed be God, y^e times be much changed here, I hope to see many of you returne to you^r native countrie againe, and have such freedome & libertie as y^e word of God prescribs. Our bishops were never so near a downfall as now; God hath miraculously confounded them, and turned all their popish & Machavillian plots & projects on their owne heads, &c. Thus you see what is fitt to be done concerning our perticulere greevances. I pray you take it seriously into consideration; let each give way a litle that we may meete, &c. Be you and all yours kindly saluted, &c. So I ever rest,

Your loving friend, JAMES SHERLEY.

Clapham, May 18, 1641.

Being thus by this leter, and allso by M^r. Atwodes & M^r. Colliers mediation urged to bring things to an end, (and y^e continuall clamors from y^e rest,) and by none more urged then by their own desires, they tooke this course (because many scandals had been raised upon them). They apoynted these 2. men before mentioned to meet on a certaine day, and called some other freinds on both sids, and M^r. Free-man, brother in law to M^r. Beachamp, and having drawne up a collection of all y^e remains of y^e stock, in what soever it was, as housing, boats, bark, and all implements belonging to y^e same, as they were used in y^e time of y^e trad, were they better or worce, with y^e remaines of all co[=m]odities, as beads, knives, hatchetts, cloth, or any thing els, as well y^e refuse as y^e more vendible, with all debts, as well those y^t were desperate as others more hopefull; and having spent diverce days to bring this to pass, having y^e helpe of all bookes and papers, which either any of them selves had, or Josias Winslow, who was their accountante; and they found y^e sume in all to arise (as y^e things were valued) to aboute 1400^li. And they all of them tooke a voluntary but a sollem oath, in y^e presence one of an other, and of all their frends, y^e persons abovesaid y^t were now presente, that this was all that any of them knew of, or could remember; and Josias Winslow did y^e like for his parte. But y^e truth is they wrongd them selves much in y^e valuation, for they reconed some catle as they were taken of M^r. Allerton, as for instance a cowe in y^e hands of one cost 25^li. and so she was valued in this accounte; but when she came to be past away in parte of paymente, after y^e agreemente, she would be accepted but a 4^li. 15^s. [238] Also being tender of their oaths, they brought in all they know owing to y^e stock; but they had not made y^e like diligente search what y^e stocke might owe to any, so as many scattering debts fell upon afterwards more then now they know of.

Upon this they drew certaine articles of agreemente betweene M^r. Atwode, on M^r. Sherleys behalfe, and them selves. The effecte is as folloeth.

_Articles of agreemente made and concluded upon y^e 15. day of October, 1641. &c._