CHAPTER XX
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
EDWARD WINSLOW
JOHN ENDICOTT
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.