Settlement of boundaries between New Plymouth and Massachusetts—First
steps towards winding up the partnership by a composition: 1639 and
1640.
I will combine these two years, because there occurred but little of
interest outside of the ordinary affairs of the colony. New Plymouth
had several times granted land for various townships, and, amongst
the rest, to the inhabitants of Scituate, some of them coming from
here. A large tract of land there had also been given to their four
London partners, Mr. Sherley, Mr. Beauchamp, Mr. Andrews, and Mr.
Hatherley. At Mr. Hatherley’s request, the locality was fixed upon
for himself and them, for the other three had given him power to
choose for them. This tract of land extended up to the border-line of
their neighbours of Massachusetts, who some years later established
a town called Hingam on the land next to it. This now led to great
disputes between these two townships, about their boundaries, and
some meadow lands that lay between them. The inhabitants of Hingam
began to allot some of these meadows to their people, measuring and
staking them out for that purpose. The people of Scituate pulled up
their stakes and threw them away. So it developed into a controversy
between the two governments. Many letters passed between them about
it, and it hung in suspense for about two years. The Court of
Massachusetts appointed men to fix their boundary line according
to their patent, and the way they went to work made it include all
Scituate itself, and I know not how much more. On the other hand,
according to the boundary lines of the patent of New Plymouth, theirs
would take in Hingam, and much more within the bounds they had set.
In the end both Courts agreed to choose two commissioners on each
side, and give them absolute power to settle the boundaries between
them, and what they decided was to stand irrevocably. They had one
meeting at Hingam, but could not agree; for their commissioners
stood stiffly on a certain clause in their grant: that their limits
should extend from Charles River, or any branch or part thereof, and
3 miles further to the southward; or, from the most southern part
of the Massachusetts Bay, and 3 miles further south. But they chose
to adhere to the former limit, for they had found a small river,
or brook rather, which a long way inland trended far southward and
entered some part of what was taken to be Charles River; and from
the most southerly part of this, and 3 miles further southward,
they wished to run a line eastwards to the sea, about 20 miles,
which would take in a part of New Plymouth itself. Now though the
patent and colony of New Plymouth was much the older, the patent for
the extension upon which Scituate stood was granted after theirs
of Massachusetts; so the latter took first place as regards this
extension.
The New Plymouth answer to the deputies of Massachusetts was, they
owned that their claims for Scituate could not be based in any way
upon their original grant; but, on the other hand, neither could the
others prove this stream to be a part of Charles River, for they did
not know which Charles River was, except so far as the people here,
who came first, gave the name to the river upon which Charlestown
was afterwards built, believing it to be that which Captain Smith so
named. Now those who first named it had best reason to know it, and
to explain which it was. But they only termed it Charles River as
far as it was navigated by them,—that is, as far as a boat could go.
But that all the small brooks that should flow into it, far inland,
and were all differently named by the natives, should now be made out
to be the Charles River, or parts of it, they saw no reason to allow.
They gave an instance of the Humber in old England, which had the
Trent, Ouse, and many other rivers of lesser note running into it;
and again many smaller brooks fell into the Trent and Ouse; but all
had their own names. Again, it was contended that no mention was made
of an east line in their patent; they were to begin at the sea and go
west by a line, etc.
At this meeting, however, no conclusion was reached; but things
were discussed and well prepared for an issue. Next year the same
commissioners were appointed, and met at Scituate, and concluded the
matter as follows.
_The agreement as to the boundaries between New Plymouth and
Massachusetts_:
Whereas there were two commissioners appointed by the two
jurisdictions; the one of Massachusetts Government, appointing
John Endicott, gent., and Israel Stoughton, gent.; the other of
New Plymouth Government, appointing William Bradford, Governor,
and Edward Winslow, gent.; for the setting out and determining
the boundaries of the lands between the said jurisdictions,
whereby this present age and posterity to come may live peaceably
and quietly. And for as much as the said commissioners on both
sides have full power so to do, as appears by the record of both
jurisdictions, we the said commissioners above named, do hereby
with one consent and agreement conclude, determine, and by these
presents declare, that all the marshes at Cohasset that lie on
the one side of the river next to Hingam shall belong to the
jurisdiction of Massachusetts, and all the marshes that lie in
the other side of the river next to Scituate shall belong to the
jurisdiction of New Plymouth, except sixty acres of marsh land at
the mouth of the river on the Scituate side next to the sea, which
we do hereby agree, conclude and determine, shall belong to the
jurisdiction of Massachusetts. And further we do hereby agree,
determine, and conclude, that the boundaries between the said
jurisdictions are as follows, viz.: from the mouth of the brook
that runs into Cohasset marshes, which we call by the name of Bound
Brook, with a straight and direct line to the middle of a great
pond that lies on the right hand of the upper path or common way
that leads between Weymouth and New Plymouth, close to the path
as we go along, which was formerly, and we desire may still be,
called Accord Pond, lying about five or six miles from Weymouth,
southerly; and from thence with a straight line to the southernmost
part of Charles River, and three miles southerly into the country,
as expressed in the patent granted by his majesty to the Company
of the Massachusetts Colony. Provided always, and nevertheless
concluded and determined by mutual agreement between the said
commissioners, that if it fall out that the said line from Accord
Pond to the southernmost part of Charles River and three miles
southerly, restrict or hinder any part of any settlement begun by
the Governor of New Plymouth, or hereafter to be begun within ten
years after the date of these presents, that then notwithstanding
the said line, where it shall so obtrude as aforesaid, so much land
as shall make up the quantity of eight square miles, to belong to
every settlement so begun, or to be begun as aforesaid; which we
agree, determine, and conclude, to appertain and belong to the
said Governor of New Plymouth. And whereas the said line from the
said brook which runs into Cohasset salt marshes, called by us
Bound Brook, and the pond called Accord Pond, lie near the lands
belonging to the townships of Scituate and Hingham, we do therefore
hereby determine and conclude, that if any divisions already made
and accorded by either of the said townships do cross the said
line, that then it shall stand and be in force according to the
former intents and purposes of the said towns granting them—the
marshes formerly agreed upon excepted; and that no town in either
jurisdiction shall hereafter exceed, but contain themselves within
the said lines expressed.
In witness whereof we, the commissioners of both jurisdictions, do
by these presents indented set our hands and seals, the ninth day
of the fourth month in the 16th year of our sovereign lord, King
Charles, and in the year of Our Lord, 1640.
WILLIAM BRADFORD, Governor JOHN ENDICOTT
EDWARD WINSLOW ISRAEL STOUGHTON
The extended New Plymouth patent having been taken out in the name
of William Bradford, as in trust, ran in these terms: “To him, his
heirs, associates, and assigns.” But the number of freemen having
now greatly increased, and several townships being established and
settled in several quarters such as New Plymouth, Duxbury, Scituate,
Taunton, Sandwich, Yarmouth, Barnstable, Marshfield, and not long
after Seekonk,—afterwards called at the wish of the inhabitants
Rehoboth,—and Nauset, it was desired by the Court that William
Bradford should make surrender of the same into their hands. This he
willingly did.
In these two years they had several letters from England, asking them
to send some one over to end the business of the accounts with Mr.
Sherley, who now professed he could not make them up without help
from them, especially from Mr. Winslow. They had serious thoughts of
it, and the majority of the partners here believed it best to send;
but they had formerly written such bitter and threatening letters
that Mr. Winslow was neither willing to go himself, nor that any
other of the partners should do so; for he was convinced that if
any of them went they would be arrested, and an action for such a
sum laid upon them that they would be unable to procure bail, and
would consequently be imprisoned, and that then the partners there
could force them to do whatever they wished. Or else they might be
brought into trouble by the archbishop’s means, as things then were
over there. But though they were much inclined to send, and Captain
Standish was willing to go, they decided, since they could not agree
about it and it was of such importance, and the consequences might
prove dangerous, to ask Mr. John Winthrop’s advice. It seemed the
more suitable because Mr. Andrews had in many letters acquainted
him with the differences between them, and appointed him his assign
to receive his part of the debt; and though they declined to pay
anything as a debt till the controversy was ended, they had deposited
£110 in money in his hands, for Mr. Andrews, to be paid to him in
part as soon as he should come to any agreement with the rest. But
Mr. Winthrop was of Mr. Winslow’s mind, and dissuaded them from
sending; so they abandoned the idea, and returned this answer. That
the times were dangerous in England as things stood with them, for
they knew how Mr. Winslow had suffered formerly, and for a little
thing had been clapped into the Fleet, and how long it had been
before he could get out, to his and their great loss; and things were
not better but worse in that respect. However, that their honesty
might be made manifest to all, they made them this offer: to refer
the case to some gentlemen and merchants at the Bay of Massachusetts,
such as they should choose, and were well-known to them, as they
had many friends and acquaintances there better known to them than
to the partners here; and let them be informed of the case by both
sides, and receive all the evidence that could be produced, in
writing or otherwise. The partners here would then bind themselves to
stand by their decision and make good their award, though it should
cost them all they had in the world. But this did not please them;
they were offended at it. So it came to nothing; and afterwards Mr.
Sherley wrote, that if Mr. Winslow would meet him in France, the Low
Countries, or Scotland, let him name the place, and he would come to
him there. But owing to the troubles that now began to arise in our
own nation, and other reasons, this did not come to any effect.
What made them especially desirous to bring things to an end was,
partly to stop the aspersions cast upon them about it,—though they
believed that they had suffered the greatest wrong and had most cause
for complaint; and partly because they feared a fall in the price
of cattle, in which the greatest part of their means was invested.
This was no vain fear; for it fell indeed before they had reached a
conclusion, and so suddenly, that the price of a cow which a month
before had been at £20, now fell to £5; and a goat that went at
£3 or fifty shillings, would now yield but eight shillings or ten
shillings at the most. Everyone had feared a fall in cattle, but
it was thought it would be by degrees, and not straight from the
highest pitch to the lowest. It was a great loss to many, and some
were ruined. Another reason why they so much wished to close their
accounts was that many of them were growing aged,—and indeed it was
a rare thing that so many partners should all live together so many
years. And they saw many changes were likely to occur, so they were
loth to leave these entanglements upon their children and posterity,
who might be driven to move their homes as they had done; indeed they
themselves might have to do so before they died. However, things had
still to be left open; but next year they ripened somewhat, though
they were then less able to pay for the reasons mentioned above.