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c. 1670 Plymouth Colony Descendants + Black Sachem, Wampanoag Indian Land Deed
Currency:USD
Category:Collectibles / Autographs
Start Price:3,500.00 USD
Estimated At:5,000.00 - 6,000.00 USD
SOLD
4,500.00USD+ buyer's premium + applicable fees & taxes.
This item SOLD at 2020 Jun 27 @ 10:41UTC-7 : PDT/MST
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Colonial America
Early New Plymouth Colony Descendants 1667 / 1669 True Copy Wampanoag Native American Land Deed Document From Tuspaquin (Black Sachem) Land Sale
(HENRY WOOD) (About 1619 - September 30, 1670 in Middleboro, Plymouth, MA, at about 76 years of age). REF: Mayflower Descendants, Volume XIII, Plymouth Colony Vital Records, page 86, "Henry Wood and Abigail Jenney the xxiiith April 1644", son of Johanem John Atwood. Henry and brothers Stephen and John came to Plymouth, Massachusetts in either 1641/43 with John Jenny and family and used the surname "Wood".
c. 1670 Manuscript True Copy Document Signed, “Nathaniel Morton” as Secretary of the Plymouth Colony, in confirmation of a “1667 but recorded 1669” Land Sale Deed Record, Fine. This Document is 1 page, measures about 9.5” x 7.5” where early Plymouth Colony member Henry Wood had purchased Six Acres of meadow from Namaskett (Namasket) (now Middleboro) to Agawam (now Wareham) from Tuspageen (Tispaquin) the Black Sachem. "This was bought August the 9th, 1667 but recorded in 1669" and Signed, “Nathaniel Morton” as Secretary. Also states at top Governor Prince (Thomas Prence, IV also known as "First Governor of the American Colonies," who arrived at Plymouth September 11th, 1621 on ship “Fortune"; 1st Governor of Plymouth with terms of, 1634-5, 1638-9, 1657-73, 4th, 8th & 12th Governor of New Plymouth Colony from (1634-1635, 1638-1639, 1657-1673). Also signed at its conclusion, by Samuel Tyley as Clerk. Docket notation on the blank reverse reads: “Henry Wood”.
Though the exact date is not known when this true copy was made, Henry Wood’s son Samuel and son-in-law John Nelson were appointed administrators of his estate, October 29, 1670. On March 4, 1673, four of his children, with his wife Abigail, were summoned into court to dispose of lands that they might contribute to the support of the widow Abigail. This Document appears to be properly executed as related to that circa 1670 timeframe. It is on extremely old watermarked (“GR” above an image of a British Royal Crown) laid period paper, having remnants of its original red sealing wax with a small tear in the paper corresponding to where opened, which is far away from any text the and near bottom edge. There is light expected tone and folds with no loss of the deep brown ink easily readable text. Today, the locations of the land mentioned approximate on the “path” now relate to Highway 495 between modern Middleborough and Wareham, Massachusetts, which partially runs along the nearby Myles Standish State Forest. An important early Plymouth Colony Descendants and Wampanoag Native American Indian, “Black Sachem” related Massachusetts Land Deed record. It reads, in full:
“1669 Prince (sic) Govr. --
Bought by Henry Wood dec.d of Tuspageen (sic) the black Sachem according to order (with other Land) Six Acres of meadow lying on the Fourth Side of the path that goeth from Namasskett (sic) to Agawam -- This was bought on the 9th of August 1667 but recorded 1669 as above written -- Sess me (Signed) Nathaniel Morton Secretary”. (Further Noted & Signed) “A true Copy -- Examd by Saml. Tyley Cler(k)”.
NATHANIEL MORTON. SECRETARY OF PLYMOUTH COLONY, 1645-1685.* GEORGE MORTON, father of Nathaniel, was a resident of Austerfield, Northern England, and came to Plymouth, Mass., with his family, in 1623. His wife was Sarah, sister of Governor Bradford, and their children were Nathaniel, John, Patience and Ephraim. Nathaniel Morton was born in England in 1612; died at Plymouth, Mass., June 23, 1685. Author of ‘THE NEW ENGLAND MEMORIAL... SPECIAL REFERENCE TO THE FIRST COLONY THEREOF, CALLED NEW PLYMOUTH... BY NATHANIEL MORTON, Secretary to the Court for the Jurisdiction of New Plymouth.” Morton came to America with his father in July, 1623; in 1645 he was chosen clerk, or secretary of the colony court.
REF: Doneva Shepard:
Henry Wood married twice. He married an unknown person. He married Abigail Jenny 28 April 1644 in Plymouth, Plymouth, MA. Abigail was born 16 April 1619 in Leyden, Zuid-Holland, Netherlands. Abigail was the daughter of John Jenney and Sarah Carey. Abigail died 1690 in Plymouth, Plymouth, MA, at 71 years of age. Henry sailed from Leyden, Holland in company with John Jenny and family. They arrived at Plymouth in the Bark "James", 44 tons, together with the "Ann", brig of 140 tons. Henry was in Plymouth as early as September 16, 1643, when he bought a house and land from John Dunham for 7 pounds. He removed to Yarmouth where his first two children were born. In 1649, he returned to Plymouth. In 1665, he settled at Middleborough. He was not among the twenty-six original purchasers, but received the share set out for John Shaw, and part of that original homestead is still in the possession of his descendants. He was admitted a freeman of Plymouth Colony in 1648; was grand juror 1648-56-59-68 and often on other juries. His son Samuel and son-in-law John Nelson were appointed administrators of his estate, October 29, 1670. On March 4, 1673, four of his children, with his wife Abigail, were summoned into court to dispose of lands that they might contribute to the support of the widow Abigail.
REF: "Genealogical Register of Plymouth Families" by William T. Davis, page 294
Lists only 7 children (David, 1651; Sarah; Samuel, 1647; John; Johathan, 1649; Isaac; and Abiel)
REF: “History of the Town of Middleboro” by Thomas Weston, pages 61 & 62, “HENRY WOOD”.:
The first mention of Henry Wood is in September 16, 1641, when he, residing in Plymouth, purchased of John Dunham, the younger, his house and land lying in Plymouth for seven pounds, but the time of his arrival and the time of his birth are unknown.
He married Abigail Jenney, a daughter of John Jenney, who at one time owned land in Lakenham, now Carver, April 28, 1644. At or about the time of his marriage, he moved to Yarmouth, where his daughter Sarah and his son Samuel were born. He moved to Plymouth before 1649, where his other children were born, and to Middleboro about 1655. (note: Middleboro was not set off from Plymouth until 1669)
Tradition has placed the site of his residence as not far from that of the late General Abiel Washburn. He was not among the Twenty-six Purchasers, but received the share that was set out to John Shaw, a portion of which subdivision has always been in the possession of his descendants. He was an original proprietor in the Little Lotmen's Purchase.
He was propounded as a Freeman in 1647, and admitted in 1648. Before the incorporation of Middleboro he was a member of the Grand Inquest in 1648, 1656, 1659, and 1668, and often served as a juror in different trials in the colonies. He was a surveyor of highways in Plymouth in 1655 and in 1659, and was one of the complainants to the General Court against the rates which had been established in Plymouth.
In 1665 he had one share of the thirty acres of land on the westerly side of Nemasket River. He was one of the ancient freemen to whom land was granted in Taunton "which should be hereafter purchased, which purchase should not be prejudicial to the Indians."
He is mentioned as one of the Freemen of Middleboro in 1670, with the mark "deceased" after his name. One of the records of Plymouth Colony refers to him as Henry Wood, alias Atwood. His name occurs as one of the commandant's council for the garrison in Middleboro, and evidently by a mistake, the name was continued on the list of those who took refuge within the fort upon the breaking out of the war. He died in 1670, and John Nelson, his son-in-law, and Samuel Wood, his son, were appointed administrators of his estate, October 29, 1670. His inventory, taken under the oath of Abigail Wood, his widow, by John Morton, Jonathan Dunham, Francis Coombs, and George Vaughan, amounted to sixty-three pounds, three shillings, and three pence, and is recorded in Plymouth Colony Records, vol. vi, p. 142.
March 4, 1673, four of his children, with his wife Abigail, were summoned into court to dispose of his lands that they might contribute to the support of the widow. His children were: Samuel, John, David, Joseph, Benjamin, Abiel, James, Sarah, Abigail, Susanna, and Mary.
His sons were probably in the garrison house, although no mention is made of them, and they were not married until after the resettlement of the town. Abiel and Samuel were among the original members of the “First Church."
Also SEE: [S92] Mayflower Descendant: A Magazine of Pilgrim Genealogy and History, (Name: Massachusetts Society of Mayflower Descendants, 1899-, (Online database: AmericanAncestors.org, New England Historic Genealogical Society, 2010); Location: Boston, MA;), Vol 13, Plymouth Colony Vital Records, [Marriages in the Court Orders], page 86. “Henry Wood and Abigail Jenney the xxiiith April 1644”.
[S132] The Great Migration Begins, Immigrants to New England, 1620-1633, Volumes I-III. (Online database: AmericanAncestors.org, New England Historic Genealogical Society, 2010), Robert Charles Anderson, (Name: New England Historic Genealogical Society; Location: Originally Published: Boston; Date: 1995;), p 1091.:
In his will, dated 28 December 1643 and proved 5 June 1644, John Jenney of New Plymouth bequeathed to “my eldest son Samuell Jenney” a double portion of all his lands; to “Sarah my loving wife" for life "my dwelling house and mill adjacent with all the lands thereunto belonging”; and to the rest "of my said children John, Abigall, Sarah and Susann” a single portion; “whereas Abigail my eldest daughter had somewhat given her by her grandmother and Henry Wood of Plymouth aforesaid is a suitor to her in way of marriage my will is that if the said Abigaile will dwell one full year with Mr. Charles Chauncey of Scituate before her marriage ... that then my said daughter Abigall have two of my cows and my full consent to marry with the said Henry Wood.” [MD 6:169-70, citing PCPR 1:50].
Tuspaquin (Black Sachem) - (Died 1676)
Tuspaquin (Watuspaquin) was the son of Pamontaquask, the Sachem of the Wampanoag at Nemasket. He succeeded his father’s leadership role inheriting significant tracts of land. His family gained significant prominence with his marriage to Amie, the daughter of Massasoit. The couple had at least two sons, Benjamin and William and lived with a principle residence in Assawompsett, what is present-day Lakeville, Massachusetts.
Through the marriage, Tuspaquin became brother-in-law to Metacom (Philip) and served faithfully to him during King Philip’s War. With his status as a Powwau, many Indians believed Tuspaquin to be impervious to bullets.
Tuspaquin led forces against the English at Scituate, Hingham, Weymouth, Bridgewater, Middleborough, and Plymouth. In mid-summer of 1676, Captain Benjamin Church captured a number of Tispaquin’s men and some members of the Wampanoag’s wife and children, holding them to negotiate the possibility of having Tispaquin lead Church’s forces against the Abenaki. When Tuspaquin did surrender himself, Church being absent, he was tried and executed. Benjamin Church, The History of King Philip’s War (Boston, MA: John Kimball Wiggin, 1865), 32. Pierce, Indian History, Biography, and Genealogy, 187-201. Bodge, Soldiers in King Philip’s War, 386. Nathaniel Philbrick, Mayflower: A Story of Courage, Community and War (New York, NY: Pequin, 2006), 255, 309, 338-339.
The Plymouth Colony originated as a land grant issued by the London Virginia Company to a group of English religious separatists who had fled to Holland to avoid religious persecution. Their migration to the New World in 1620 aboard the Mayflower was funded by the Merchant Adventurers, who sent additional settlers to engage in profit-making activities in the colony.
The settlers had intended to establish a colony near the mouth of the Hudson River, within the bounds of the London Virginia Company's territory, but conditions on the crossing led them to establish it instead on the shores of Cape Cod Bay at what is now Plymouth, Massachusetts. The colonists eventually acquired a land grant from the Plymouth Council for New England in 1621, but its early governance took place under the terms of the Mayflower Compact, a document drafted by the colonists aboard the Mayflower before they landed. In 1630 the colony acquired a formal charter with authority to govern from the Plymouth Council, but it was unsuccessful in attempts to acquire a royal charter that would guarantee its territory against other claimants.
The colony held annual elections for its offices. Between 1620 and 1680 the colony was ruled by a governor, who appointed a temporary replacement if he left the colony. In 1681 they began also electing a deputy governor, who would serve in the governor's absence. The colony's rule was dominated by William Bradford, who served more than thirty terms as governor. The colony was incorporated into the Dominion of New England in 1686.
After the dominion was dissolved in 1689, the colony temporarily reverted to its previous rule. In 1691 it was incorporated by charter into the Province of Massachusetts Bay, which took effect in 1692 with the arrival of the new royal governor, Sir William Phips
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"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
10. Disputes and Arbitration.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. If a dispute arises concerning ownership of a given Lot that has been Bid upon or concerning proceeds of any sale, EAHA reserves the right to commence a statutory Inter-Pleader or similar proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs.
b. Neither EAHA nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of these General Terms and Conditions, the Auction or the conduct thereof and in no event shall such liability exceed the original Purchase Price, premium, or fees paid.
c. If the Bidder fails to comply with one or more of these General Terms and Conditions, then, in addition to all other remedies which it may have at law or in equity, EAHA may at its sole option either rescind the sale, retaining all payments made by Bidder as liquidated damages; it being recognized that actual damages may be speculative or difficult to compute, or sell a portion or all of the Lot(s) held by EAHA, in a quantity sufficient in the opinion of EAHA to satisfy the indebtedness, plus all accrued charges, and EAHA may sell such portion at an Auction or private sale conducted by EAHA and charge a seller's commission that is commercially reasonable. More than one such sale may take place at the option of EAHA. Notice of the sale shall be by U.S.P.S. Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by EAHA. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder's breach, then to any other indebtedness owed to EAHA, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys' fees, costs, collection agency fees and costs and any other costs or expenses incurred.
d. It/he/she shall be liable to EAHA if the proceeds of such sale(s) insufficient to cover the indebtedness.
e. The rights granted to the Bidder(s) under the within General Terms and Conditions are personal and apply only to the Bidder(s) who initially purchase the Lot(s) at the Auction, and no rights may be assigned or transferred to any other person or entity, and any attempt to assign or transfer any such rights shall be absolutely void and unenforceable.
f. ANY DISPUTE ARISING OUT OF OR RELATED TO THESE GENERAL TERMS AND CONDITIONS, THE AUCTION OR ANY LOT, WITH THE SOLE EXCEPTION OF ACTIONS BY EAHA TO COLLECT THE PURCHASE PRICE AND OTHER DAMAGES, SHALL BE SUBMITTED TO BINDING ARBITRATION WITH THE VENUE OF ALL HEARINGS TO BE IN SAN DIEGO AND PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND/OR THE PROFESSIONAL NUMISMATICS GUILD ("PNG") AT"EAHA'S EXCLUSIVE OPTION.
11. Miscellaneous Terms.
All Bidders in the Auction acknowledge and agree, as a condition to the acceptance of a Bid by the Auctioneer, that:
a. These General Terms and Conditions and the Auction shall be construed and enforced in accordance with and governed by the laws of the State of California, regardless of the location of the Auction.
b. These General Terms and Conditions, and the information on EAHA's website, constitute the entire Agreement between EAHA and the Bidder(s) and supersede all other agreements, understandings, warranties and representations of and concerning the Auction and subject matter hereof.
c. EAHA will not be responsible for damage due to irradiation by the U.S. Post Office.
d. If any part of these General Terms and Conditions, or any term or provision of any part is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portion(s) shall remain and be in full force and effect.
12. Definitions
a. The term "Absentee Bid" shall mean all Bids placed via any communication including: mail, phone, fax, email and website.
b. The term "Auction" shall mean an auction or consignment sale authorized and conducted under the auspices of "EAHA" and under these General Terms and Conditions.
c. The term "Auction Date" shall mean the date the Auction is conducted or consignment item is sold.
d. The term "Auctioneer" shall mean an individual(s) duly licensed and/or employee designated by "EAHA" to conduct the Auction or any Sale.
e. The term "Bid" shall mean a bona fide Bid made by a "Bidder" which is officially acknowledged and accepted by the Auctioneer at the Auction on the Auction Date.
f. The term "Bidder" shall mean an individual or entity that submits a legally binding and bona fide Bid to the Auctioneer at the Auction or any direct buyer either physical or online.
g. The term "Catalog" shall mean the official publication issued by EAHA and transmitted to potential Bidder(s) in advance of the Auction.
h. The term "Cataloguer" shall mean the individual(s) that has described the "Lot(s)" contained in the Catalog for the Auction.
i. "Conservation" the Professional activities including the careful examination as supported by expertise, research and education, in treatment of an item using, "any methods that prove effective in keeping or bringing that property in as close to its original condition as possible, for as long as possible."
j. The term "Consignment Agreement" shall mean the written agreement(s) between "EAHA" and a given "Consignor" available at "EAHA's" offices.
k. The term "Consignor" shall mean the owner of the "Merchandise" offered for sale by "Lot" at the Auction.
l. The term "Description" shall mean the written remarks describing the features of a Lot combined with the corresponding photograph of said Lot.
m. The term "EarlyAmerican;s website." shall mean the Internet accessible service provided by EAHA.
n. The term "EAHA" shall mean collectively Early American History Auctions, Inc. and/or any subsidiary or affiliated entity and/or Officer(s), Director(s) and/or employee(s) of EAHA.
o. The term "Fair Market Value" shall mean the sale price a given Lot is expected by the Cataloguer to realize at the Auction from the Bidder(s).
p. The term "Hammer Price" shall mean the successful Bid in the Auction as determined by the Auctioneer on the Auction Date.
q. The term "Holder" shall mean the original frame, container, case or clear plastic sleeve, labeled with the "Lot" number, in which the "Merchandise" is delivered by the Consignor to the successful Bidder at an Auction.
r. The term "Lot(s)" shall mean the article(s) comprising the Merchandise offered for sale at the Auction.
s. The term "Low Estimate" shall mean the low range of the sale price that a Lot is expected by the Cataloguer to realize at the Auction.
t. The term "Merchandise" shall mean personal property described in the Catalog and offered for sale by Lot at the Auction.
u. The term "Purchaser" shall mean the successful Bidder at the Auction on the Auction Date.
v. The term "Purchaser's Premium" shall mean the commission that is automatically charged by "EAHA" to each successful Bidder at the Auction in a sum equal to twenty percent (20%) of the "Hammer Price" or twenty-five percent (25%) of the "Hammer Price" if bids are placed through a third party firm including Invaluable, LiveAuctioneers and iCollector.
w. The term "Reserve" is a confidential price below which the Auctioneer will not sell a given Lot, and/or will re-purchase on behalf of the Consignor or EAHA.
x. The term "Settlement Date" shall mean a time forty-five (45) days after the Auction Date.