History of Barnstable County, Massachusetts - Chapter IV, 1890 | 16KB | Ray Sears - LRSears@CapeCod.net

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CHAPTER IV.
CHARTERS, GRANTS AND INDIAN DEEDS.
Spanish Claims.-Cabot’s Discoveries.-Plymouth Company.-Council of Plymouth-
The Pilgrims.-Patent of 1629-30.-Settlement of the Cape Towns and Purchases
from the Indians.- Charter of 1691.

By virtue of the discovery by Columbus, followed by a grant from
the pope and a general treaty with Portugal, Spain made a claim
to the whole continent of America, excepting Brazil, which was
granted to Portugal in the treaty. This assumption excited the
cupidity and curiosity of other European powers, and expeditions of
discovery were at once fitted out by France and England. John Cabot,
in 1496, set sail from Bristol, England, with full authority to take pos-
session, in the name of the king, of all lands and islands he might
discover. He sailed to the present coast of New England, and under
the doctrine that newly discovered countries belong to the discov-
erers, England put forward a claim to extensive regions of North
America, a portion of which they subsequently settled: but the colon-
ization necessary to complete the title by discovery was delayed, and
eight years elapsed before the English made attempts to settle these
lands to which they had such a questionable right.
The first charter of Virginia, in 1606, contemplated the planting
of two colonies. The persons mentioned in the charter of the second
or northern colony were: Thomas Hanham, Raleigh Gilbert, William
Parker and George Popham, while others not mentioned were active
in the company. In 1607 futile attempts were made by this Plymouth
Company-the name given to the one for the settlement of northern
Virginia-to plant a colony at the mouth of the Kennebec river.
The French also put forward a claim to certain portions of the New
England territory, and under a patent which France had granted to
De Monts, they made a settlement at Port Royal; but Argall, for the
English, burned it in 1613. Among these attempts to settle under the
patents of royalty, it was seemingly destined that a feeble band of
persecuted religionists, providentally thrown upon its shores, should
make the first permanent settlement within the limits of the new
province.

CHARTERS, GRANTS AND INDIAN DlEEDS. 	33

The Virginia company having renewed their charter, in 1619--the
first having been forfeited by the attainder of Sir Walter Raleigh--a
company was formed at London which applied for a similar grant of
the northern part of the so-called Virginia. This company, well
known in law and in history as the Council of Plymouth, was com-
posed of forty men, who had combined and engaged to invest money
in this new enterprise. After nearly two years’ solicitation this com-
pany succeeded, November 3, 1620, in obtaining a charter from King
James I., which put that part of North America between the 40th and
48th degrees of north latitude, except "all places actually possessed
by any other Christian prince or people,” into their absolute control.
This company was composed of the Duke of Lenox, Marquis of
Buckingham, Marquis of Hamilton, Earl of Arundel, Earl of War-
wick, Sir Fernando Gorges and thirty-four merchants, incorporated
as “ The Council established at Plymouth, in the county of Devon, for
the planting, ruling, ordering, and governing of New England, in
America.” This company, although formed prior to the departure of
the Mayflower, did not receive from the crown the promised charter
until about one week before that vessel had dropped anchor in Cape
Cod harbor. The occupants of the Mayflower, finding themselves out
of the jurisdiction of the Virginia company, under whose permission
they had expected to form their settlement, they entered into the
agreement in the cabin, as described in the previous chapter. The
Mayflower returned to England in the spring of 1621, and the Council
of Plymouth then learned that the pilgrims had formed a settlement
upon territory included within their charter. The council were quite
ready to take them under their protection, and the colonists were de-
sirous of receiving it, if a grant of territory could be procured. When
the Mayflower sailed from the Old World, many who came obtained
aid from Thomas Weston and others, called Merchant Adventurers.
This aid was to each man, or boy of sixteen, £10 for transportation
and outfit, which sum entitled the Adventurers to one-half interest or
share in all the lands, profits and labors of the person so aided for the
term of seven years.
The first patent for the pilgrims, as promised by the Council of
Plymouth, of which any record is given, bears date June 1,162l. This
was obtained by John Pierce and his associates ostensibly for the in-
fant colony, but was never delivered. Its conditions were onerous,
but in consideration that the pilgrims were hopefully settled, the same
individual sought another patent, in 1623, which would insure a
greater degree of success to his own selfishness. After two several
attempts to cross the Atlantic with the second charter in his posses-
sion, upon his return to England he was persuaded to relinquish it to
the council.
The pilgrims of 1620 received no patent for their lands until 1629-
30. The accrued indebtedness to the Merchant Adventurers at the
expiration of the seven years was £1,800, which was assumed in 1627,
and bonds for payment given extending over a period of nine years.
The eight of the colonists who assumed the indebtedness were Gov-
ernor Bradford, Edward Winslow, Thomas Prince, Miles Standish,
William Brewster, John Alden, John Howland and Isaac Allerton,
and to these persons a patent was issued by the Council of Plymouth
January 13, 1629-30, after three voyages by Mr. Allerton to England
for its procurement.
“The Council of New England, in consideration that Wm. Bradford
and his associates have for these nine years lived in New England,
and there have planted a town called New Plymouth, at their own
charges,-and now seeing that, by the special providence of God and
their extraordinary care and industry, they have increased their plan-
tation to near three hundred people * * * , do therefore seal a 
patent to the Said Wm. Bradford, his heirs, associates, and assigns of-
all that part of New England on the east side of a line drawn north-
erly from the mouth of the Narraganset river and southerly of a line
drawn westerly from the Cohasset rivulet to meet the other line at
the uttermost limits of country called Pocanoket.”  A tract on the
Kennebec was also included. This grant comprised the entire Cape
with all prerogatives, rights, royalties, jurisdictions and immunities;
also marine franchises that the council had, or ought to have, with
privileges of incorporation by laws and constitutions not contrary to
those of England.
This, the first charter received giving the pilgrims any definite
territory, was granted to Mr. Bradford and his associates who had
bound themselves to pay the indebtedness of the colony. This patent
was missing for many years, and is said to have been found in 1741
among Governor Bradford’s papers.
In 1640 the general court desired that William Bradford should
make to them a surrender of the charter, which he willingly did. In
Bradford's History of Plymouth Plantation, page 372, these quaint words
of the instrument may be found:
"Whereas William Bradford, and diverce others ye first instru-
ments of God in the begining of this great work of plantation, to-
geather with such as ye all adoring hand of God in his providence
soone added unto them, have been at very great charges to procure
ye lands, priviledges, & freedoms from all intanglements of grants,
purchases, and payments of debts, &c., by reason whereof ye title to
ye day of these presents remaineth in ye said William Bradford, his
heires, associats, and assignes: now, for ye better settling of ye estate
of the said lands (contained in ye grant or pattente,) the said William
Bradford, and those first instruments termed & called in sundry or-
ders upon public recorde, ye Purchasers, or Old comers; witnes 2,
in spetiall, the one bearing date ye 3. of March, 1639, the other in
Des: the 1, Ano 1640, whereunto the presents have spetiall rela-
tion and agreemente, and wherby they are distinguished from
other ye freemen & inhabitants of ye said corporation. Be it knowne
unto all men, therfore, by these presents, that the said William
Bradford, for him selfe, his heires, together with ye said pur-
chasers, doe only reserve unto them selves, their heires, and as-
signes, those 3 tractes of land mentioned in ye said resolution,
order, and agreemente, bearing date ye first of Des: 1640. viz. first,
from ye bounds of Yarmouth 3 miles to ye eastward of Naem-
schatet, and from sea to sea, cross the neck of land.”
Two other tracts of land were also reserved, and the closing
words of the long document are: “ In witness wherof, the said
William Bradford hath in publick courte surrendered the said let-
ters patents actually into ye hands & power of ye 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.”
It was conceded that the Indians had a natural right or title in the
lands, which must be obtained by the settlers after the court had
granted them permission to establish a plantation. A verbal grant
from the Indians was at first considered sufficient, but subsequently
the title from the natives was passed by instruments, which were
legal in their form, whether they were understood by the natives or
not. Doctor Holmes in his annals quotes the words of Governor
Winslow, "that the English did not possess one foot of land in the
colony but was fairly obtained by honest purchase from the Indian
proprietors.”
The first permission to settle on the Cape was given by the Ply-
mouth colony on the 3d of April, 1637, under which so-called grant
the first settlement at Sandwich was begun, and a committee was ap-
pointed to procure of the Indians a title to the lands. Grants were
given in 1639 for the settlement of Mattacheese-now Barnstable,
Yarmouth and Dennis. In settling these plantations a suitable loca-
tion was first purchased of the Indians; and subsequently, as occasion
required, deeds of adjoining territory were obtained. Reservations
were made for the Indians, provided that if they sell it be to the in-
habitants of the plantation; and, although all purchases were carefully
made by a committee appointed by court, misunderstandings arose
between the whites and Indians. In 1641, after purchasing of Ne-
paiton lands in Barnstable, other agreements were made to build for
him, "in addition to what said Nepaiton hath already had one dwel-

36 		HISTORY OF BARKSTABLE COUNTY.

ling house with a chamber floored with boards, with a chimney and
an oven therein.”
A deed or receipt, probably written by Anthony Thacher, for
lands in Yarmouth, will acquaint the reader with the form used when
other claimants might appear : “ Witnesseth these presents, that I,
Masshantampaigne, Sagamore, doth acknowledge that I have received
and had of Anthony Thacher, John Crow, and Thomas Howes, all and
every particular thing and things that I was to have for all and every
part and parcel of lands: * * * which said lands I sold to Mr. William
Bradford. I say I acknowledge myself fully satisfied and paid * *
and I do forever acquit the said Thatcher, Crow, and Howes. In witness
whereof, etc., May 8, 1657.” To this the sachem named made his mark
in presence of witnesses, who also signed the deed as such; and one or
more of these witnesses certified in 1674, before an officer, that the sa-
them “ set his hand to it ” and “ he heard him own it.” In similar form
and import were deeds or receipts given by Iyanough and sachems
of the South sea Indians. In 1640 a grant for the settlement of Nau-
set, and subsequently one for Monomoyick, were obtained from the
Plymouth court. Deeds were obtained from the sachems Quason,
Mattaquason and George, and the towns of Eastham, Orleans, Well-
fleet and Chatham were subsequently organized. Falmouth and Har-
with still later were purchased in the same manner. In 1660 a tract
of 10,500 acres was granted for the exclusive use of the Massipees, and
the following year a large tract was granted to Richard Bourne at
the west of the Massipee lands. The court gave grants for many
smaller portions of land during the growth of the towns on the Cape,
and in 1655, by order of the court, every town was required to pur-
chase a book in which all titles of land should be recorded. These
were called ” proprietors’ records,” and were very essential prior to
the formation of the county and establishment of an office for the
registry of deeds.
The usurpations of power by Andros in 1686, his decIaration that
“ Indian deeds were no better than the scratch of a bear’s paw,” and
his summons for the surrender of charters- occasioned alarm to the
colonists of the Cape, as well as the main land. In 1690 the Rev.
Ichabod Wiswall and others from this colony went to England to ob-
tain a restoration of the old or solicit a new charter. The restoration
of the old was refused and a new one promised. The towns of Barn-
stable county paid their proportion of the expenses to obtain a new
charter.
The charter of October 7, 1691, granted by William and Mary,
united the colonies of the Massachusetts Bay, the province of Maine,
Acadia, and New Plymouth, including the Cape, into one province,
called the Province of the Massachusetts Bay in New England. Four

CHARTERS, GRANTS AND INDIAN DEEDS. 	37

of the twenty-eight councillors elected were to be from the former
New Plymouth, which gave to the Cape its representation, and in
1692 the new privileges were enjoyed after the arrival of Sir William
Phipps, the new governor, with the charter.
The only privilege reserved to the consolidated colonies by the
new charter was the right of choosing representatives by the people,
the crown reserving the right of appointing the governor, lieutenant
governor and secretary. From the first settlement of the Cape until
1692 this part of the colony of Plymouth bore its full share of priv-
ileges under the charters enumerated; and then, when included in the
Massachusetts charter, this county was ably represented in public
affairs and responsibilities. The governors were appointed by the
crown, during the existence of the last charter, until October 25,1780,
when the federal constitution became the supreme law, vesting all
powers in the people and annulling all charters.