1681-01-07[Town Meeting January 7, 1681]
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At a general town meeting of the inhabitants of Beverly the 7 of 11 mo. 1680 according to
the honored Major General’s warrant the Reverend Mr. Hale, Capt. Dixey and Mr. John Dodge sen.
were chosen by the said town to meet at Ipswich the second Wednesday in February to present such
pleas and evidences for the title of our land as the town hath agreed upon in writing and according
thereunto to join with others as then shall meet to draw up something to be presented to his majesty
by such messengers as the General Court shall send.
The humble petition of the inhabitants of Beverly in the County of Essex and Massachusetts
Colony unto the honorable General Court in the Massachusetts, sitting at Boston February the 22,
1680, humbly showeth that we need the loyal subjects of our dread Sovereign Lord King Charles the
second, King of England, Scotland, France & Ireland, defender of the faith, having seen his royal
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command by his letters, bearing date September 30: 1680, to the inhabitants between Merrimack
& Naumkeag Rivers requiring them to make improvement of their lawful defense for the lands they
possess before his Highness in council, and having intimation that we may possibly be concerned in
Mr. Mason his claim, to humbly declare that we know not by his majesty’s letters that we are
comprised under that command seeing there be sundry Rivers named Naumkeag and we know not
which the letter refers unto, we humbly conceive this answer might suffice until Mr. Mason or some
other in his behalf do show us his grant, or some exemplification thereof whereby we may know
whether we be claimed by him or no, yet that we may not seem unto such as suppose us to be
comprehended to be defective in our allegiance, we add that we being many have our several
particular titles to produce, if Robert Mason Esq. Puts us upon it, and he that hath but one acre
expects a fair legal trial for all that he can justly produce to plead for it. So that we can produce
quires, yea reams of paper, which we conceive it would be presumption in us to desire or expect our
dread sovereign to be diverted from the weighty affairs of three kingdoms for the hearing of, for we
have had above fifty years possession, and entered upon the place with the good liking of the Indians,
the ancient inhabitants of this country. We have adventured our lives and estates, and worn out much
time and strength in the subduing of a wilderness for the increasing of his majesty’s dominions and
customs, and in the late wars with the heathen have carried our lives in our hands to defend our
possessions with the loss of about twelve English lives of our town, and expended some hundreds of
pounds to maintain our lands, and in all this time of above 50 years, neither Mr. Mason nor any for
him did either take possession, or disburse estate or made demand of our lands or expended one
penny to defend them. We humbly conceive his majesty’s royal justice intends not to put us to the
charges of sending our deeds and evidences three thousand miles before any demand of Mr. Mason
upon the place to try, at least, whether we will own the lands his without putting us to so much
charge, but that which we humbly pray for, is that whoever lays any claim to our lands, the title may
be tried upon the place by his majesty’s government here.
First because when your last messengers were in England, the Lord Chief Justice and others
did judge it equal that whoever laid claim to any soil within the limits of the patent his title should be
tried by his majesty’s government upon the place, and seeing his majesty was graciously pleased to
confirm this determination and require all parties concerned, to acquiesce therein, we humbly plead
the benefit of that determination.
Secondly our Charter gives power to the governor and Company of the Massachusetts, to
make such laws and ordinances for the good and welfare of the said Company, and for the
government and ordering of the said lands and plantations, and people inhabiting, and to inhabit them
same, as to them from time to time shall be thought meet, now according to the laws and ordinances
made by his royal Authority and direction, have we a title to plead for our respective possessions,
humbly pleading our titles may be tried by those lives by which our lands are to be governed
according to our Charter.
3 our gracious Sovereign was pleased by his letters, dated February 15, 1660, thus to signify
his pleasure viz. “As we consider New England to be one of the chiefest, having enjoyed and grown
up in a long and orderly establishment, so we shall not come behind any of our royal predecessors in
a just encouragement and protection of all our loving subjects there,” and we by this our orderly
establishment did then hold our lands, and by the said orderly establishment have since those letters
held them twenty years more, and do humbly desire and expect to be tried by those laws here made,
which are the means of your work, and our orderly establishment & a branch of that just
encouragement and protection, which we hope for by the gracious promise of our dread Sovereign.
Wherefore our humble request to this honored Court, is that if Robert Mason Esq. pretends
a title to any lands in or possession, you will be instrumental in our behalf to present for these our
righteous pleas for the lands we possess for the just improvement of or lawful defense before his
Majesty in council. Interceding that his royal care and tenderness expressed toward us, his meanest
subjects, shall be still continued to confirm our long enjoyed privileges granted by his royal Highness,
and royal predecessors and we resolve through the Grace of God with our persons and estates to
approve ourselves in his loyal subjects even to the death, praying to the throne of grace for the
chiefest blessings of heaven and earth to be poured upon his royal head and heart, and remain your
honors humble petitioners.
In the name and per order of the town.
Paul Thorndike
John Dodge
John Hill
Exercise Conant
Thomas West