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THE title having thus been confirmed by royal grant, the General Court of Plymouth at once appointed a committee to sell the newly acquired territory. This committee was not long in finding purchasers. The grant was made by King Charles, on the 12th day of January, 1680, in his Court at Whitehall; and on the fourteenth day of September, 1680, at Plymouth, Josiah Winslow, Thomas Hinckley, and William Bradford, three of the committee, conveyed them by the following deed to John Walley, Nathaniel Byfield, Stephen Burton, and Nathaniel Oliver, for the sum of £ 1,100, current money of New England:—
"This indenture made the fourteenth day of September, Anno Domini One Thousand Six hundred and Eighty, and in the thirty second year of the reign of our Sovereign Lord King Charles the Second, over England & c., Between Josiah Winslow Esq r , Governor of his Majestie's Colony of New Plymouth in New England, Thomas Hinckley Esq r , Deputy Governor, William Bradford Esq r , Treasurer — all of the aforesaid Colony, on the one part; and John Walley, Nathaniel Oliver, Nathaniel Byfield & Stephen Burton, all of Boston, in the Colony of the Massachusetts in New England aforesaid, Merchants on the other part — Witnesseth, that Whereas the said Josiah Winslow, Thomas Hinckley, William Bradford and James Cudworth Esq r , were nominated[,] elected and chosen by the Honorable General Court held at Plymouth (or any two of them) as a Committee to Consider of, treat about and finally to determine all matters and things respecting, or any ways relating to the Lands sometime pertaining to the Indians, late inhabiting the Colony aforesaid by Conquest, and also to sell, alienate, enfeoff and confirm the same Lands to such person or persons, and for such sum and sums of money, and with such liberties, privileges, benefits and immunities as to them shall seem most meet, as by the order of the said Court more fully may appear.
"Now be it known unto all men by these presents, that the said Josiah Winslow, Thomas Hinckley & William Bradford, by virtue of power granted unto them as aforesaid, for and in consideration of the sum of Eleven Hundred Pounds of current money of New England to them in hand, at and before the ensealing and delivery of these presents, by the said John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen Burton, well and timely paid, the receipt whereof they do hereby acknowledge, and themselves in behalf of the said Court and their successors to be fully satisfied and contented, and thereof, and of every part and parcel thereof, do in the name and in behalf of the said Colony, acquit, exonerate and discharge the said John Walley, Nathaniel Oliver, Nathaniel Byfield, and Stephen Burton, their heirs, executors, administrators & assigns, and each and every one of them by these presents, have given, granted, bargained and sold, aliened, enfeoffed and confirmed; and by these presents do fully, freely, clearly & absolutely give, grant, bargain, sell, alien, enfeoff & confirm unto the said John Walley, Nathaniel Oliver, Nathaniel Byfield & Stephen Burton, and to their heirs and assigns forever — all that tract or parcel of land, situate, lying & being within the aforesaid Colony of New Plymouth, commonly called and known by the name of Mount Hope Neck & Poppasquash Neck, with all the Islands lying near, or about the same Necks, not exceeding five acres and not already legally disposed of. And also all and singular the Land[,] pastures, meadows, feedings, marshes, swamps, ways, easements, Creeks, Coves, harbors, mines, stones, beaches, flats, fishings, fowlings, woods, underwoods, Trees, bushes, fences, profits, privileges, rights, commodities, hereditaments, emoluments & appurtenances whatsoever, growing, standing, lying, being, arising or issuing forth, in, upon, or out of the premises or any part or parcel thereof — or to the same, or any part or parcel thereof belonging or in any wise appertaining (Excepting only and reserving the Lands formerly granted to the Inhabitants of Swansey, according to the Lines already run at the north end or entrance of said Neck, and also the One hundred acres of Land now belonging unto the Family of the Gorham's, and the Meadows formerly purchased of the Indians, and his Majesty's part of Royal mines — together with all deeds, writings, Court orders, evidences, grants and Miniments whatsoever, touching or concerning the premises or any part or parcel thereof.
"And the said Josiah Winslow, Thomas Hinckley, and William Bradford, for themselves in the name and behalf of the said Court and Freemen of the said Colony and their successors[,] do hereby covenant, promise and grant to and with the said John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen Burton and their heirs & assigns forever, in manner and form following (that is to say) that they the said Josiah Winslow, Thomas Hinckley and William Bradford, or some or one of them, shall and will within the time & space of twelve months, next after the date hereof, cause good and sufficient highways to be laid out from all the adjacent towns unto the said Mount Hope Neck, within the said Colony for the country's use. And further, that the said John Walley, Nathaniel Oliver, Nathaniel Byfield, and Stephen Burton, and all such other person or persons as shall inhabit the said Neck or Necks of land, shall be free and clear from all ordinary and common country rates from or by the said Colony, from the first day of April next ensuing the day of the date hereof, unto the full end and term of seven years from thence next ensuing, and fully to be complete and ended. And also that all the inhabitants of the said Mount Hope Neck shall, from time to time and at all times forever hereafter be free and clear from all customs, payments, excise and impositions whatsoever from or by the said Colony, and authority by them there established; for, upon or by reason of any goods, wares or merchandise whatsoever, that shall be imported or exported to or from the said Necks, or any part thereof, or for entering or clearing any ship or ships or other vessel or vessels whatsoever, for coming into, lying in or going out of the Harbor or Harbors belonging to the said Neck, or to or from any person or persons inhabiting the said Neck.
"And further — that the said John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen Burton and their heirs and assigns forever, shall have, possess and enjoy the whole and sole benefit, privilege and advantage of each and every ye Ferries that shall be and be made within the precincts of the said Necks for the passing and repassing to and from the said Necks with whatever other benefits they shall make of the aforementioned premises or any part or parcel thereof. And that the Inhabitants of the said Necks shall have liberty, and hereby have full and free liberty from time to time, and at all times forever hereafter, to send Deputies to the General Court of the said Colony according to the number of Freemen, who shall have free liberties to act there as the Deputies of other Towns in the said Colony. And also that the Inhabitants of the said Necks shall have, and hereby have liberty annually to choose from amongst themselves, Commissioners who shall be fully empowered to keep a Commissioner's Court on the said Neck, for the Trial and determination of all actions and causes under ten pounds, which shall be brought unto the said Court (always allowing liberty of appeals unto the Court of New Plymouth aforesaid). And further, that when there shall be settled upon the Neck of Mount Hope the full number of Sixty Families that then that part of the Colony shall be a County, and there shall be liberty granted unto them to keep a County Court on the said Neck, and all Actions arising within the same to be tried there. And that the Town that shall be built on the said Neck shall be the County or Shire town. And all meadows lying adjoining to the said Neck shall belong to that township, saving the propriety thereof to the respective owners of the same. And also that no man's private interest of little or small value shall hinder the public good of the Plantation that shall be settled upon the said Neck, particularly for the setting up of Mills, or making of Mill ponds, or other public concerns whatsoever, as the Court shall think fit, the aforesaid purchasers of the said Neck, giving such satisfaction to the owners of said Land that shall be improved for the public benefit, as shall be agreed upon by the parties concerned, or as the General Court for New Plymouth aforesaid shall judge meet and reasonable. And also all the estate, right, title and interest, use, possession, claim, property and demands whatsoever of them the said Josiah Winslow, Thomas Hinckley, William Bradford and James Cudworth as a committee chosen by the said Court as aforesaid, or of the said Colony, or any that are or shall be in authority here, in or to the said lands, liberties, privileges and immunities, or any other the above mentioned premises, or any part or parcel thereof (excepting only as before excepted) To have and to hold the said Tract or parcel of land commonly called and known by the name of Mount Hope Neck and Poppasquash Neck, (reserving only as before reserved) with all the Islands lying near or about the said Necks, not exceeding five acres, and not already disposed of, with all and singular the Lands, pastures, meadows, feedings, marshes, swamps, ways, easements, creeks, coves, harbors, mines, stones, beaches, flats, fishings, fowlings, woods, underwoods, trees, bushes, fences, profits, privileges, rights, commodities, hereditaments, emoluments and appurtenances whatsoever, growing, standing, lying, being, arising or issuing forth in, upon or out of the premises or any part or parcel thereof, or to the same or any part or parcel thereof belonging or in anywise appertaining hereby granted, bargained & sold, or meant, mentioned or intended to be herein or hereby granted, bargained & sold, with their and each and every of their rights, members and appurtenances whatsoever unto the said John Walley, Nathaniel Oliver, Nathaniel Byfield & Stephen Burton, and their heirs and assigns forever, in as full, large, ample and beneficial manner and form whatsoever, as the said Colony hath, may or might have and enjoy the same. And to the only, sole and proper use, benefit and behoofs of the said John Walley, Nath 1 Oliver, Nath 1 Byfield & Stephen Burton and their heirs and assigns forever. And the said Josiah Winslow, Thomas Hinckley & William Bradford, in the name and behalf of the said General Court and their successors & Inhabitants of said Colony do hereby covenant, promise and grant to and with the said John Walley, Nath 1 Oliver, Nath 1 Byfield & Stephen Burton, their heirs and assigns in manner and form following (that is to say, that they the said John Walley, Nath 1 Oliver, Nath 1 Byfield & Stephen Burton and their heirs and assigns forever, shall and may by force and virtue of these presents, from time to time, and at all times forever hereafter, lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises, with their appurtenances and every part and parcel thereof, with all the liberties, priviledges, and immunities aforementioned, Free and clear and clearly acquitted & discharged of and from all, and all manner of former and other gifts, grants, bargains and sales, leases, mortgages, jointures, judgments, executions, entailes, forfeitures, and of and from all other titles, troubles, charges, and incumbrances whatsoever had made, committed, done, or (had made committed) or to be done by them, the said Josiah Winslow, Thomas Hinckley, and William Bradford, or either of them, or by any other person or persons by authority granted by the said Court of New Plymouth, at any time, or times, before the ensealing hereof (excepting only as before excepted)
"And Further, that the said Josiah Winslow, Thomas Hinckley and William Bradford, in the name and behalf of the said General Court do further covenant, that they shall and will from time to time, and at all times forever hereafter Warrant and defend the above granted premises and each and every part and parcel thereof with the liberties, privileges, rights, immunities and appurtenances above mentioned, in Manner and form aforesaid, unto the said John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen Burton, and to their heirs and assigns forever against all and every person and persons whatsoever anyways lawfully claiming or demanding the same or any part thereof.
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And Lastly, that they, the said Josiah Winslow, Thomas Hinckley and William Bradford, shall and will cause this present Deed of Sale and grant of the several liberties, privileges and immunities above mentioned to be ratified and confirmed by the next General Court to be holden at Plymouth aforesaid; and do and perform all such further and lawful Act and Acts, thing and things whatsoever for the better confirmation, and Sure making of the premises unto the said John Walley, Nathaniel Oliver, Nathaniel Byfield and Stephen Burton, their heirs or assigns. In Witness whereof, the said Josiah Winslow, Thomas Hinckley and William Bradford have hereunto set their hands and seals the day and year first above written JOSIAH WINSLOW
(and a seal) THOMAS HINCKLEY
(and a seal) WILLIAM BRADFORD
(and a seal)
"Signed, Sealed and delivered by the within named Josiah Winslow and Thomas Hinckley, on the day of the date within in the presence of us JOHN HAYWARD SER t
ELIEZER MOODY SER t
ANTHONY EAMES
"Signed, Sealed and delivered by the within named William Bradford on the 29th of September 1680 in the presence of us JOHN FREEMAN
JAMES B.
"The within named Josiah Winslow, Thomas Hinckley and William Bradford came before us y e 29 th day of September 1680 and did acknowledge they had passed this deed in the behalf of the Colony of New Plymouth, as their Committee thereunto instructed JOHN ALDEN } Assistants."
JAMES CUDWORTH
Footnotes:
--- (1) --- Editor's note— Printed in this part is the original grant of land in 1680 which included the area presently constituting Bristol, Rhode Island.