his heires, and associates and assignes; and now the noumber of free-men being much increased, and diverce tounships established and setled in severall quarters of the govermente, as Plimoth, Duxberie, Sityate, Tanton, Sandwich, Yarmouth, Barnstable, Marchfeeld, and not longe after, Seacunke (called afterward, at the desire of the inhabitants, Rehoboth) and Nawsett, it was by the Courte desired that William Bradford should make a surrender of the same into their hands. The which he willingly did, in this maner following.

Wheras William Bradford, and diverce others the first instruments of God in the beginning of this great work of plantation, togeather with such as the allordering hand of God in his providence soone added unto them, have been at very great charges to procure the lands, priviledges, and freedoms from all intanglments, as may appeare by diverse and sundrie deeds, inlargments of grants, purchases, and payments of debts, etc., by reason wherof the title to the day of these presents remaineth in the said William Bradford, his heires, associats, and assignes: now, for the better setling of the estate of the said lands (contained in the grant or pattente), the said William Bradford, and those first instruments termed and called in sondry orders upon publick recorde, The Purchasers, or Old comers; witnes 2. in spetiall, the one bearing date the 3. of March, 1639. the other in Des: the 1. An° 1640. wherunto these presents have spetiall relation and agreemente, and wherby they are distinguished from other the freemen and inhabitants of the said corporation. Be it knowne unto all men, therfore, by these presents, that the said William Bradford, for him selfe, his heires, together with the said purchasers, doe only reserve unto them selves, their heires, and assignes those 3. tractes of land mentioned in the said resolution, order, and agreemente, bearing date the first of Des: 1640. viz. first, from the bounds of Yarmouth, 3. miles to the eastward of Naemschatet,1 and from sea to sea, crose the neck of land. The 2. of a place called Acoughcouss, which lyeth in the botome of the bay adjoyning to the west-side of Pointe Perill, and 2. myles to the westerne

1 Naemschatet is the same as Naumskachett, referred to in the note on page 220; the reserved tract No. 1, in which it is mentioned, included the present townships of Eastham, Orleans, Brewster and probably Harwich and Chatham. The second reserved tract, in which Acoughcouss, Acushente and Nacata are mentioned, included the modern towns of Acushnet, New Bedford and Dartmouth. The third reserved tract, in which Sowansett and Cawsumsett are mentioned, included Swansea and Rehoboth, Massachusetts, and Barrington, Rhode Island.

side of the said river, to an other place called Acushente river, which entereth at the westerne end of Nacata, and 2. miles to the eastward therof, and to extend 8. myles up into the countrie. The 3. place, from Sowansett river to Patucket river, (with Cawsumsett neck,) which is the cheefe habitation of the Indeans, and reserved for them to dwell upon,) extending into the land 8. myles through the whole breadth therof. Togeather with such other small parcells of lands as they or any of them are personally possessed of or intressed in, by vertue of any former titles or grante whatsoever. And the said William Bradford doth, by the free and full consente, approbation, and agreemente of the said old-planters, or purchasers, together with the liking, approbation, and acceptation of the other parte of the said corporation, surrender into the hands of the whole courte, consisting of the free-men of this corporation of NewPlimoth, all that other right and title, power, authority, priviledges, immunities, and freedomes granted in the said letters patents by the said right Honble Counsell for New-England; reserveing his and their personall right of freemen, together with the said old planters afforesaid, excepte the said lands before excepted, declaring the freemen of this corporation, togeather with all such as shal be legally admitted into the same, his associats. And the said William Bradford, for him, his heiers, and assignes, doe hereby further promise and grant to doe and performe whatsoever further thing or things, acte or actes, which in him lyeth, which shall be needfull and expediente for the better confirming and establishing the said premises, as by counsel lerned in the lawes shall be reasonably advised and devised, when he shall be ther unto required. In witness wherof, the said William Bradford hath in publick courte surrendered the said letters patents actually into the hands and power of the 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.

In these 2. years they had sundry letters out of England to send one over to end the buissines and accounte with Mr. Sherley; who now professed he could not make up his accounts without the help of some from hence, espetialy Mr. Winslows. They had serious thoughts of it, and the most parte of the partners hear thought it best to send; but they had formerly written such bitter and threatening letters as Mr. Winslow was neither willing to goe, nor that any other of the partners should; for he was perswaded, if any of them wente, they

should be arested, and an action of such a summe layed upon them as they should not procure baele, but must lye in prison, and then they would bring them to what they liste; or other wise they might be brought into trouble by the arch-bishops means, as the times then stood. But, notwithstanding, they weer much inclined to send, and Captaine Standish was willing to goe, but they resolved, seeing they could not all agree in this thing, and that it was waighty, and the consequence might prove dangerous, to take Mr. Winthrops advise in the thing, and the rather, because Mr. Andrews had by many letters acquaynted him with the differences betweene them, and appoynted him for his assigne to receive his parte of the debte. (And though they deneyed to pay him any as a debte, till the controversie was ended, yet they had deposited 110li. in money in his hands for Mr. Andrews, to pay to him in parte as soone as he would come to any agreement with the rest.) But Mr. Winthrop was of Mr. Winslows minde, and disswaded them from sending; so they broak of their resolution from sending, and returned this answer: that the times were dangerous as things stood with them, for they knew how Mr. Winslow had suffered formerley, and for a small matter was clapte up in the Fleete, and it was long before he could gett out, to both his and their great loss and damage; and times were not better, but worse, in that respecte. Yet, that their equall and honest minds might appeare to all men, they made them this tender: to refferr the case to some gentle-men and marchants in the Bay of the Massachusetts, such as they should chuse, and were well knowne unto them selves, (as they perceived their wer many of their aquaintance and freinds ther, better knowne to them then the partners hear,) and let them be informed in the case by both sids, and have all the evidence that could be prodused, in writing, or other wise; and they would be bound to stand to their determination, and make good their award, though it should cost them all they had in the world. But this did not please them, but they were offended at it, without any great

reasone for ought I know, (seeing nether side could give in clear accountes, the partners here could not, by reason they (to their smarte) were failed by the accountante they sent them, and Mr. Sherley pretened he could not allso,) save as they conceived it a disparagmente to yeeld to their inferiours in respecte of the place and other concurring circomstances. So this came to nothing; and afterward Mr. Sherley write, that if Mr. Winslow would mett him in France, the Low-Countries, or Scotland, let the place be knowne, and he come to him ther. But in regard of the troubles that now begane to arise in our owne nation, and other reasons, this did not come to any effecte. That which made them so desirous to bring things to an end was partly to stope the clamours and aspertions raised and cast upon them hereaboute; though they conceived them selves to sustaine the greatest wrong, and had most cause of complainte; and partly because they feared the fall of catle, in which most parte of their estats lay. And this was not a vaine feare; for they fell indeede before they came to a conclusion, and that so souddanly, as a cowe that but a month before was worth 20li., and would so have passed in any paymente, fell now to 5li. and would yeeld no more; and a goate that wente at 3li. or 50s. would now yeeld but 8. or 10s. at most. All men feared a fall of catle, but it was thought it would be by degrees; and not to be from the highest pitch at once to the lowest, as it did, which was greatly to the damage of many, and the undoing of some. An other reason was, they many of them grew aged, (and indeed a rare thing it was that so many partners should all live together so many years as these did,) and saw many changes were like to befall; so as they were loath to leave these intanglments upon their children and posteritie, who might be driven to remove places, as they had done; yea, them selves might doe it yet before they dyed. But this bussines must yet rest; the next year gave it more ripnes, though it rendred them less able to pay, for the reasons afforesaid.

Anno Dom: 1641.

MR. SHERLEY being weary of this controversie, and desirous of an end, (as well as them selves,) write to Mr. John Atwode and Mr. William Collier, 2. of the inhabitants of this place, and of his speatiall aquaintance, and desired them to be a means to bring this bussines to an end, by advising and counselling the partners hear, by some way to bring it to a composition, by mutuall agreemente. And he write to them selves allso to that end, as by his letter may apear; so much therof as concernse the same I shall hear relate.

Sr. My love remembered, etc. I have writte so much concerning the ending of accounts betweexte us, as I profess I know not what more to write, etc. If you desire an end, as you seeme to doe, ther is (as I conceive) but 2. waise; that is, to parfecte all accounts, from the first to the last, etc. Now if we find this difficulte, and tedious, haveing not been so stricte and carefull as we should and oughte to have done, as for my owne parte I doe confess I have been somewhat to remisse, and doe verily thinke so are you, etc. I fear you can never make a perfecte accounte of all your pety viages, out, and home too and againe, etc.1 So then the second way must be, by biding, or compounding; and this way, first or last, we must fall upon, etc. If we must warr at law for it, doe not you expecte from me, nether will I from you, but to cleave the heare, and then I dare say the lawyers will be most gainers, etc. Thus let us set to the worke, one way or other, and end, that I may not allways suffer in my name and estate. And you are not free; nay, the gospell suffers by your delaying, and causeth the professors of it to be hardly spoken of, that you, being many, and now able, should combine and joyne togeather to oppress and burden me, etc. Fear not to make a faire and reasonable offer; beleeve me, I will never take any advantage to plead it against you, or to wrong you; or else let Mr. Winslow come over, and let him have such full power and authority as we may ende by compounding; or else, the accounts so well and fully made up, as we may end by reconing. Now, blesed be God, the times be much changed here, I hope to see many of you returne to your native countrie againe, and have such freedome

"This was but to pretend advantage, for it could not be done, neither did it need." (Br.)