A State of the Title of the Massachusetts-Bay, to Lands between Connecticutt and Hudsons Rivers, at the North West Corner of the Province

The particular Tract, at this Time to be considered, is bounded Easterly by Connecticutt River, Westerly by the Eastern Line of New York, Northerly by the Northern Boundary of the Massachusetts Bay, and Southerly by the whole Tract containing, about Fifty Townships, by Estimation near a Million Acres.

A Hackeluit and Purchase &c. 1497 Votes in 17621 The General Hist. of Virginia New England and the Summer Isles &c. by Captn. John Smith Sometymes Govr in those Countrys and Admiral of N. England Lond. 1627. page 1st. But we find by Records, Cullumbus offered his Service. Purchas, his Pilgrimage. Book 8. C. 3. ss. 2.2 London 3d. Edit. 1617. The first Discovery of the Continent of North-America, was undoubtedly made by the Cabots under the Authority and in Behalf of the Crown of England, by Commission from Henry the Seventh, in the fifteenth Century, ranging the Coast from the fortyeth to the Sixty Seventh Degree of North Latitude, within which the Lands between the two Rivers of Connecticutt and Hudson are included.

Sebastian Cabot reported to Ramusio that in the Year 1497. at the Charge of K. H. 7. he discovered to the Sixty Seventh deg. and half of Northerly Lat. and all along the Coast to that which, is since called Florida.

Purchas, Part 1. B. 8. C. 1. Purchas &c. 1602 Votes in 1762.— Vid. H. Hist. Mass Bay page 1.4 Smiths General Hist. &c. p. 16. 17. America is a more common than fitting Name &c.3

In 1602 Captain Gosnold, and in 1603 Captain Martin Pringle sailed from Dartmouth to the Coast of North America, both of them first Anchored came to an Anchor about the Latitude of 43. coasted along and made Discoveries. Gosnold landed first on the Eastern Coast which he call'd Mavoshen abt. 43 deg. North and after some Commerce with the Savages, sailed Southward, and landed on the Elisabeth Islands which he named, after his Mistress the Queen who was living when he left England. He also named Marthas Vine Yard—He built a Fort and began a settlement, but could not perswade his People to persevere. This Attempt was near Narragansett Bay.

1606. Mass. Hist. Votes in 1762. In 1606. King James 1st. granted all the Continent from 34 to 45 degrees, which he divided into two Colonies vizt the southern or Virginia to certain Merchants of London, the Northern or New England to certain Merchants of Plymouth.

Purchase, Smith. Hist. Mass. Bay. Votes in 1762 In 1607 Some of the Patentees of the Northern Colony, began a settlement at Sagadahoc. George Popham President. They laid the Plan of a great State. At this Time the English were possessed of Port Royal, St. Croix, Mount Mansell, or Mount Desert and Penobscot: and the French beginning to encroach upon the Places East Of Kennebeck, in 1613 sir Samuel Argal came with diverse Armed Vessells from Virginia, and entirely Votes in 17645 dispossessed them—particular Notice is taken of his expelling from Penobscot and Mount Desart. He then proceeded to Hudsons River to do the same with the Dutch, but they disclaiming all Pretence to the Country, and desiring to continue as English subjects, for the Sake of Trade he did not remove them. 6 Complaint was afterwards made by the King to the states of these Intrudors but the States disowned them and laid no claim to any Part of the Country.

Hist. Mass 1608 Bay. p. 3. 4. 5. In 1608 Persecution Drove Mr. Robinson and his Church went from England to Holland. They staied about a Year at Amsterdam and then removed to Leyden. 1617 In 1617 they began to think of removing to America. The Majority of them were in favour of removing to Virginia. The Dutch laboured to perswade them to go to Hudsons River and settle under their West India They tacked abt. to the southward for Hudsons Bay; but Mr. Jones the Master had been bribed by the Hollanders to carry them more to the North, the Dutch intending themselves to take Possession of these Parts, as they did some time after. Neal. 87.7 Company. But chosing rather to be under the English, they applied to the Virginia Company for a Patent of Part of the Country about Hudsons River. A Patent was taken out under the Companys Seal to John Wincob. They sailed the beginning of August 1620, intending for Hudsons River, or the Coast near to it; but the Dutch had bribed their Pilot, and he carried them farther Northward, so that they fell in about Cape Cod, and arrived in that Harbour about 11th. of November. They coasted about till they found a Place more agreable for a Plantation, which they called New Plymouth. Captain Smith had given the Name of Plymouth to the same Place in 1614.

1607. 1608. 1609. Mass. Journ. 1764.8 In 1609, Henry Hudson, an Englishman, having made one Voyage in the Year 1607 and another in 1608, in the service of English Merchants, on Discovery, made a third, in 1609 in the service of Dutch Merchants, and on his Return to Dartmouth in England, coasted along the shoar of North America and entered the River, since called by his own Name, Hudson River, and sailed up the same many Leagues.

Novr. 3d. 1620. King James the 1st made a new Patent, incorporating the Adventurers to the northern Colony, by the Name of the Council of Plymouth and grants “unto the Council established at Plymouth in the County of Devon, for the planting, ruling, ordering and Governing of New England in America, and to their successors and assigns, all that Part of America lying and being in Breadth from forty degrees of Northerly Latitude from the Equinoctial Line to the forty Eighth degree of the said Northerly Latitude, inclusively, and in Length, of and within all the Breadth aforesaid, throughout all the main Lands from Sea to Sea” &c.

19 March 1628. The Council established at Plymouth, by their Deed 55indented, under their Common Seal, bearing Date the Nineteenth day of March in the third year of King Charles the first, “give, grant, bargain, sell, enfeoff, alien, and confirm to Sir Henry Roswell, Sir John Young, Knights, Thomas Southcott, John Humphreys, John Endicott, and Simon Whetcomb, their Heirs and assigns, and their associates forever, all that Part of New England in America aforesaid, which lies and extends between a great River there, commonly called Manomuck alias Merimack, and a certain other River there, called Charles River, being in a Bottom of a certain Bay there, commonly called Massachusetts, alias Mattachusetts, alias Massatusett Bay, and also all and singular those Lands and Hereditaments whatsoever lying within the space of three English Miles on the south Part of the said Charles River, or of any and every Part thereof; and also all and singular the Lands and Hereditaments whatsoever, lying and being within the space of three English Miles to the southward of the southermost Part of the said Bay called Massachusetts, alias Mattachusetts, alias Massatusetts Bay; and also all those Lands and Hereditaments whatsoever, which lie and be, within the space of three English Miles to the Northward of the said River called Manomuck alias Merrimack, or to the Northward of any and every Part thereof, and all Lands and Hereditaments whatsoever lying within the Limits aforesaid North and South in Latitude, and in Breadth, and Longitude, of and within all the Breadth aforesaid, through out the main Lands there, from the Atlantic and Western sea and Ocean on the East Part to the south Sea on the West Part” &c.9

4 March 1629 King Charles the first by his Letters Patents 4. March 1629, for the Consideration therein mentioned of his especial Grace, certain Knowledge, and mere Motion granted and confirmed, unto the Said Sir Henry Roswell and others, and their associates, Sir Richard Saltonstall and others therein named, their Heirs and assigns, all that Part of New England in America, lying and extending between the Bounds and Limits in the said Indenture expressed—and made the Grantees one Body corporate politique in fact and Name, by the Name of 56the Governor and Company of the Massachusetts Bay, in New England: and therein expressly granted and declared, that the said Letters Patents shall be construed reputed and adjudged in all Cases most favourably on the Behalf and for the Benefit and Behoof of the said Governor and Company and their successors. &c.

And in the said Letters Patents is this Proviso—vizt. Provided always that if the said Lands, Islands, or any other the Premisses herein before mentioned, and by these Presents intended and meant to be granted, were at the Time of “the granting of the said former Letters Patents dated 3 November in the Eightteenth Year of our said dear Fathers Reign aforesaid actually possessed or, inhabited by any other Christian Prince or State, or were within the Bounds Limits or Territories of that southern Colonie then before granted by our said late Father to be planted by diverse of his living Subjects in the south Parts of America, that then this Present Grant shall not extend to any such Parts or Parcells thereof, so formerly inhabited or lying within the Bounds of the southern Plantation as aforesaid, but as to those Parts or parcells so possessed or inhabited by such Christian Prince or State or being within the Bounds aforesaid, shall be utterly void.” See the Additions10

7 Novr. 1629. The said Council of Plymouth, by another Indenture granted unto Captain John Mason and his Heirs “all that Part of the main Land between the Middle of Merrimack River and the Middle of Piscataqua River, from the Mouth of Piscataqua River to the Head thereof, and from thence Northwestward till 60 miles be finished, and from the Mouth of Merrimack River to the Head of it and from thence Westward till 60 Miles be finished and the Head line to cross over from thence to the End of the other 60 miles which Land the said John Mason called New Hampshire.

1677. 16 July Some Disputes having afterwards happened between the said Province of the Massachusetts Bay, and the said John Mason, as Proprietor of New Hampshire, and Vizt. printed State of the Case between Benja Rolfe Esq & the Town of Bow. page 2d. in 1762 by De Grey & Wedderburn. Ferdinando Gorge, who had a Grant from King Charles the first in 1639 of a Tract of Land in New England, 57then called the Province of Main, which Adjoined to New Hampshire on the North East, beginning at the Harbour of Piscataqua aforesaid and running from thence North East, along the sea Coast to Sagadahock extending inland 120 Miles.

And A Question arising, as to the Extent of the Boundaries and Limits of their said several Grants the said Mason and Gorge, petitioned his Majesty in Council, to have those Disputes determined: and it having been referred to a Committee of Council, they with the Assistance of two Lords Chief Justices, Rainsford and North, entered into the Consideration thereof, and heard all Parties; and the said Province of Massachusetts Bay having claimed before them to be intituled to all the Lands within two Parrellell Lines, to be drawn from the Atlantic sea on the East Part to the south sea on the West Part, three Miles South of every Part of Charles River and three Miles North of every Part of Merrimack River; the said two Parrellell Lines to be the South and North Boundaries of the said Province of Massachusetts Bay.

16, July 1677 By order of the King in Council, reciting a Report made by the Committee of the Privy Council and the said two Lords Chief Justices, taking Notice among other Things, that they had not thought fit to examine any Claims to the Lands, it being in their Opinion improper to judge of any Title of Land, without hearing of the Tertenants, but had examined the several Claims of the Parties to the Government, taking Notice that the said John Mason had waived before them all Pretence to Government, being convinced no such Power could be assigned to him from the Council of Plymouth.11 And after stating the two Grants from the Crown to the Massachusetts and Province of Main, and that it was insisted, that the Grant of Government to the Massachusetts could extend no further than the ownership of the soil, their Lordships reported that it seemed very clear to them, that the Grant of the Government by the Massachusetts Charter, extended no further than the Boundaries expressed in their Patent, and that those Boundaries could not be construed to extend 58further Northward along the River Merrimack than Three English Miles; for the North and south Bounds of the Lands, granted so far as the Rivers extend, are to follow the Course of the Rivers, which makes the Breadth of the Grant. And that the Words in the Charter describing the Length to comprehend all the Land from the Atlantic Ocean to the south Sea in all the Breadth aforesaid, did not warrant the overeaching those Bounds by imaginary Lines as the same would be against the Intent of the Grant; the Words “of and in all the Breadth aforesaid,” shewing that the Breadth was not intended an imaginary Line laid upon the broadest Part; but the Breadth respected the Continuance of the Boundaries by the Rivers, as far as they go; but when the known Boundary of Breadth determined, it must be carried on by imaginary Lines to the South Sea; and were of opinion, as to the Powers of Government that the Massachusetts, by the said Letters Patent, had such Right of Government as is granted them by their Patent, within the Boundaries of their Land expressed therein according to such description as their Lordships' had thereof made as aforesaid. And Gave the like opinion as to Gorge's Right of Government over the Province of Main; which Report was approved and confirmed by his Majesty in Council, and all Parties ordered to acquiesce therein.

1679, 18 Septr. King Charles 2d. soon after the aforesaid determination in the 31. Year of his Reign issued a Commission under the Great Seal, reciting (among other Things) that the Government of that Part of New Hampshire therein described, vizt extending from 3 miles northward of Merrimack River, or any Part thereof to the Province of Main, had not hitherto been granted, but remained under his Majestys immediate Care, created and constituted John Cuth Cutt Esqr President together with a Council to take Care of and govern the said Province of New Hampshire.12

1684. In the Year 1684, a Judgment was given in the Court of Chancery upon a Writ of Scire facias, that the said Letters Patents of King Charles 1st. and the Enrollment of the same, should be cancelled, vacated and an-59nihilated and should be brought into the said Court to be cancelled.” &c.13

In a Book entituled &c. as in the Margin, are these 1631. The Merchants Map of Commerce, by Lewis Roberts printed in London 3d. Edit. 1677 1st. Ed. 1637.15 Page 55 Words “There is a Dutch Plantation in the Latitude of 41 degrees, in a River called by the English Hudsons River &c.

Sir Ferdinando Gorge in his Description of New England, printed 165814 p. 30 says &c. vizt. as Captn. Dormer.

1633. Hutch Hist Mass Bay. p. 43. a Letter from Mr. Winslow &c.

1635. Hutch Hist. Mass Bay p. 48. 1683. The Dutch also sent hence16

See Additions Mem.

1691. 7. Octr. 3d. of Wm. & Mary King William and Queen Mary, by their Letters Patents, reciting the aforesaid Grant to the Council of Plymouth, and their aforesaid Indenture to Sir Henry Roswell and others, and also the aforesaid Letters Patents of King Charles the first, and the Bounds both in the said Indenture and Charter, did upon the Petition of several Persons employed as Agents, in behalf of said Colony of Massachusetts Bay, of their the said King and Queens Special Grace, certain Knowledge and mere Motion, will and ordain “That the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay, and Colony of New Plymouth the Province of Main, the Territory called Accada or Nova Scotia; and all that Tract of Land lying between the said Territories of Nova Scotia, and the said Province of Main, be erected, united and incorporated And their said Majestys did “by those Presents unite, erect and incorporate the same into one real Province by the Name of our Province of the Massachusetts Bay in New England And their said Majestys did, in and by said Letters Patents, “give and grant unto unfinished

1631. The Merchants Map of Commerce. By Lewis Roberts 3d. Edition, printed in London 1677. first Ed. in 1637. page 55. “There is Dutch Plantation in the Latitude of 41 degrees, in a River called by the English Hudsons River, by the Indians called Monahaton; and by the Dutch (who have intruded into that Place, being within the New England Patent) called New Netherland; they have in this Place diverse Towns, New Amsterdam, their chief Town, Grave Saint, Flushing, and Middleborrough; also Fort-Orania, situate 40 miles up Hud-61sons River. Their Religion is like the Religion in Old Amsterdam, in Holland. Their Government Subjected to the Holland West India Company. They have usurped there a great Trade of Bever from the English Nation, notwithstanding the late King Charles in the Year 1631, did declare to the States of Holland his Discontents for such Intrusion; whereupon the States of Holland did disclaim the owning or countenancing of that Plantation, imputing it to the particular Acts of some private Merchants, and so left them to their own Protection, and to be ejected at the Kings Pleasure.”

“The chief Commodity by which the Dutch engross and draw the said Trade from the Neighbouring Plantation, is Guns, Powder, shot and Rapier Blades, which Instruments of War have twice been fatal to themselves by two Massacres committed by the Indians upon them with the help of those Weapons, to the destruction of Half their People at each Time. And hath been also dangerous to the Adjoining Plantations of Maryland, Virginia and New England.”

Purchas, his Pilgrimage. Book 8. Chap. 3. ss. 2. This is by Samuel Purchas, Parson of St. Martin's by Ludgate London 3. Edition printed at London 1617. Sebastian Cabot reported to Ramusio that in the Year 1497 at the Charge of King Henry the Seventh, he discovered to the Sixty Seventh degree and a halfe of Northerly Latitude. Cabot discovered all along the Coast to that which since is called Florida.

Purchas Part 1. B. 8. C. 3. ss. 6. p 924. Henry Hudson 1607. discovered further North, towards the Pole, than perhaps any before him. He found himself in 80 deg. 23 Minutes.

Another Voyage he made 1609. and coasted Newfoundland, and thence along to Cape Cod.

His last and fatal Voyage was 1610.

1497 The general History of Virginia, New England, and the Summer Isles &c. by Captn. John Smith Sometyme Governor in those Countrys and Admiral of New England. London 1627. Page 1st. But we find by Records: “Cullumbus offered his Service in the year 1488. to King Henry the Seventh; and by Accident undertook it for the Spaniards. In the Interim King Henry gave a Commission to John Cabot and his three Sons, Sebastian, Lewis and Sautius. John and Sebastian well provided, setting sayle, ranged a great Part of this unknown World in the Year 1497. for though Cullumbus, had found certain Iles, 62it was 1498 e'er he saw the Continent, which was a Year after Cabot. Now Americus came a long time after, though the whole Continent to this day is called America after his Name, Yet Sebastian Cabot discovered much more than them all, for he sayled to about 40 deg. Southward of the Lyne, and to Sixty seven towards the North,” for which King H. 8. knighted him and made him grand Pilot of England. Being very aged K. Ed. 6. gave him a Pension of 166:13:4 Yearly.

A Description of New England, written by Sir Ferdinando Gorges Knight and Governor of the Fort and Island of Plymouth in Devonshire. printed in 1658. Page 30. But as Captaine Dormer, [(1620 Purch) a Note of Mr. Prince,]1 who, as I said, was coasting that Country, met with some Hollanders that were settled in a Place we call Hudsons River, in Trade with the Natives, whom the right of our Patent forbad them the Place as being by his Majesty appointed to us; their Answer was, they understood no such Thing, nor found any of our Nation there, so that they hoped they had not offended; However, this their Communication removed them not, but upon our complaining of their Intrusion to his Majesty, order was given to his Embassadours to deale with the States, to know by what warrant any of their Subjects took upon them to settle, within those Limits by him granted to his Subjects who were royally seized of a Part thereof; to which was answered that they knew of no such Thing, if there were any, it was without their Authority, and that they only had enacted the Company for the Affairs of the West Indies; this Answer being returned, made Us to prosecute our Business and to resolve of the removing of those Interlopers to force them to submit to the Government of those to whom that Place belonged.”

1633 Hutch. Hist. Mass. Bay. p. 43. “A Letter from Mr. Winslow of New Plymouth Sept. 26. 1633. mentions their having been up the River (i.e. Connecticutt). They forbad the Dutch making any Settlements there and set up a trading House themselves. The Governor of the Massachusetts also this Year 1635 sent a Bark round the Cape to the Dutch Governor, to acquaint him that the King had granted the River and Country of Connecticutt to his own Subjects, and desired him to forbear building any where thereabout.”

“The Commissioners of the united Colonies in a Declaration against the Dutch in 1653 say that 'Mr. Winslow, one of the Commissioners for Plymouth, discovered the Fresh River2 when the Dutch had neither Trading House, nor any Pretence to a foot of Land there.'”

1635 Page 48. The Dutch also sent home to Holland for Instructions intending to maintain their Claim to the River, or the Place where they had Possession, but upon a Treaty afterwards with the Commissioners of the united Colonies, they quitted all Claims to all Parts of the River resigning it up to the English.3

1639 Hutch. Hist. Mass. Bay. 108. 9. 10. In 1639 the Massachusetts People were enquiring into the Bounds of their Patent, and sent Persons to find out the Northernmost Part of Merrimack River. A Line to run East from 3 Miles north of the Head of the River will take in the whole of New Hampshire. They determined therefore that it came within their Jurisdiction, and from that Time they allowed Plantations to be settled, particularly at Hampton, as readily, as in any Part of the Colony.

1641 page 110. “The Massachusetts by extending its Wing over the Inhabitants of N. Hampshire nourished and cherished them for near 40 years and to this must be attributed the Growth and present flourishing state of that Colony. The Principal Inhabitants in 1680, when the Benefit was recent made a public and gratefull Acknowledgment of it.”

British Empire in America Vol. 1. page 117.4 This Country was at first called Nova Belgia; and the Dutch, who pretended to the Propriety of it, included Martha's Vineyard and Elizabeth Island: The former they called Henry Christians Island; and the latter Adrian Blocks, from the Name of two Masters of Ships, who, they say, discovered them: But it does not appear they had any Right to those Isles, or indeed to the Continent on Hudsons River, till they bought it of Captn. Hudson, who discovered it, and sold it to them about the Year 1608. which Sale being without the Kings Licence, was excepted against by the English; but there were no attempts made by them to settle here themselves, or hinder the Hollanders. The English, who 64sailed from Holland to the West Indies, and settled Plymouth Colony intended to take Possession of the Territories, lying on the Coast of the Bay formed by New Haven Colony, and Long Island; but the Master of the Ship being a Dutchman was bribed by some of his Countrymen to betray them, and land them further Eastward; which he did accordingly, and prevented their settling in Nova Belgia; where the Hollanders had begun to plant, but had been driven thence by Sir Samuel Argal, Governor of Virginia. They then applied themselves to King James 1st. who gave them Leave to build some Cottages, for the Convenience of their Ships touching there for fresh Water and Provisions in their Voyage to Brazil, under this Pretence, they encroached by little and little.”

A Purchas Part. 1. B. 8. C. 1. America is a more common than fitting Name, seeing Americus Vespucius the Florentine, from whom this Name is derived, was not the first Finder, nor Author of that Discovery: Columbus will challenge that, and more justly, with whom, and under whom Americus made his first Voyage, howsoever after that he coasted a great Part of the Continent which Columbus had not Seen, at the Charges of the Castilian and Portugal Kings. But so it might more rightly be termed Cabotia, or Sebastiana, of Sebastian Cabot a Venetian, which discovered more of the Continent than they both, about the same Time first employed by King Henry the seventh of England, and after by the Catholic King.