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THE NEW HAMPSHIRE

 

GENEALOGICAL RECORD.

 

Vol. II. Dover, N. H., July, 1904. No. 1.

 

DAVID THOMPSON'S INDENTURE.

 

1622.

 

 

 

[Published from the original manuscript by permission of the

Massachusetts Historical Society. This indenture between David

Thompson and his partners Abraham Colmer, Nicholas Sherwill

and Leonard Pomery, all gentlemen of Plymouth, England, is one of

the most important documents relating to New Hampshire. It was

written on parchment and was in duplicate; this being David Thomp-

son's own copy had the seals and signatures of his three partners,

while their copy which has not been preserved had his signature and

seal. The seals three in number are little slips of parchment, con-

siderably longer than broad, but broad enough to write one's Christian

name on, these were inserted or interwoven through several incissions

into the parchment instead of being stuck to the same with sealing

wax, and in signing the document, the Christian name was written on

the seal or slip and the surname after it on the parchment instead of

before the seal as now. The seal or slip of Abraham Colmer has been

taken out, consquently his Christian name does not appear in his sig-

nature. Later we shall publish the wills and other documents relating

to Abraham Colmer, Nicholas Sherwill and Leonard Pomery, and it

will be found that they were engaged in a thriving fishing and trad-

ing business, along the shores of New Hampshire and in the Piscat-

aqua river, which at that time was the center of the salmon fishery.

A certain cove in that river was for many years called Pomery's Cove.]

 

Articles of Covenannts Indenticl made and agreed on;

the fonreteenth daye of December, in the twentieth yeare of

the Raigne of our Soueigne Lord James by the grace of god

of England Frannce and Ireland King Defender of the faith

&c. And of Scotland the Sixe and fiftieth Betweene Dauid

Thomson of Plymouth in the County of devon gentleman of

thone Parte, And Abraham Colmer Nicholas Sherwill, and

Leonard Pomery of Plymouth aforesaid marchants of

th'other parte.

 

Imprimis whereas the Councell established, by the said

Kings Ma ties Lres patents, for the ruling, orderinge & dis-

posing of the terrytories and affayres of Newe England in

 

 

 

2 david Thompson's indenture.

 

America, have grannted vnto thaboue named Dauid Thom-

son, his heires and assignes, for ever, Sixe Thousand acres of

land, and one Hand lyeing & being in & vpon the coaste of

Newe England aforesaid, w th dyuers Royalties, ymmunities

priveledges franchises and liberties, As by the same grannt,

bearinge date the Sixteenth daye of October laste paste more

at large, it dothe & maye appeare, And farther wheareas also

the said Dauid Thomson by his deed Indentid beareing date

w th these p'sents hath freely and absolutely grannted the

foureth parte of all the said Hand w Ul . thapp ,u tenncs there-

vnto belonging or in any wise apperteyninge, vnto thaboue

named Abraham Colmer Nicholas Sherwill and Leonard

Pomery their heires & assignes forever, w th Covenannts also

therein expressed, to grannte and convey, vnto them their

heires and assignes in ffee simple, the foureth parte of the

before recyted Sixe thousand acres of land and other the

premysses w Ul thapp ur tenncs, As by the said deed thereof

Indentid to them made more plainely and at large it doth &

maye appeare, In Consideracon whereof it is fullie coue-

nannted & agreed by and betweene the said parties to these

presents in manner and forme followinge, that is to saie

 

First, that they the said Abraham Colmer Nicholas

Sherwill, and Leonard Pomerie their heires and assignes,

shall and will at their owne proper costes & charges, this

present yeare prouid and send, two men, w lh the said Dauid

Thomson, in the good shipp called the Jonathan of Ply-

mouth aforesaid (by gods permission) to be landed in Newe

England aforesaid, w th soe muche victualls & prouisions, as

shall suffice them, till they be their landed, And yf they land

there, w th in the space of three moneths, after the said shipp

shall passe Ramehed, The residue of the three moneths vict-

ualls (yf any be) shall be delyuered to the said Dauid

Thomson, at his landing there, the said men and victualls,

there to be disposed of, by the said Dauid Thomson, as well

towards the findinge, of a fitt place for thintended plantacon

there, as also to begin the same

 

Item, that they, the said Dauid Thomson, Abraham Col-

mer, Nicholas Sherwill, & Leonard Pomerie, their heires and

assignes, shall and will this present yeare, at their owne

proper costes & charge, find prouide and send, three men

more, in the good ship called the Prouidence of Plymouth

aforesaid, yf they maye be so sonne gotten, Or in some

other shipp w th the first expedicon that maye be, To be also

 

 

 

DAVID THOMPSON S INDENTURE. 3

 

(by god his permyssion) landed in Newe England, there to

be disposed of as aforesaid, the Charges of w ch men lastlie

mencoed are to be paid and borne equallie betweene them

the said parties to theis p r sents

 

Item, it is farther agreed, by and betweene the said par-

ties to theis pnts, that two men more (ouer & abone the

former three) shal be this p r sent yeare, prouided & sent, in

the aforesaid shipp the Jonathan; w th their vietualls proui-

sions, To be likewise (by gods permyssion) landed in Newe

England aforesaid, the charge of w ch two men lastlie men-

coed soe to be sent, shalbe equallie borne and paid, betweene

the said Dauid Thomson, Abraham Colmer, Nicholas Sher-

will, and Leonard Pomerie

 

Item, it is farther agreed by and betweene the said parties

to theis pnts, that after suche tyme, as the said Dauid Thom-

son, And the foresaid Seaven men or any of them, shall be

soe landed in Newe England as aforesaid The said persons

soe landed, shall and will vse their best Endeavor, (by the

dirreccon of the said Dauid Thomson), w Ul as mucheconven-

iencie as may be, to find oute some fitt place or places there,

for the choise of the said Sixe thousand acres of land, accord-

inge to th'intent of the grannt aforesaid; And also of some

fitt place, to settle and Builde, some houses or buildings for

habitacons, On w' h they are to begyn, w Ul as muche expedi-

con as they maye, To the lymits and precincts of w ch habi-

tacons or buildings soe intented to be there erected, there

shalbe allotted, of the landes next thereunto adioyninge, at

or before thend of five yeares, next ensuing the date hereof,

the full quantitie of Sixe hundred acres of land, or neere

tliereaboutes, W th said Sixe hundred acres of land, W th all

and singular the tenem* 8 and buildings, that maye be raised

thereupon, duringe the said space of five years, together w th

the Seas, Riuers harbor or harbors ports creeks, and all and

singeler other the premysses whatsoeu, conteyned w th in the

said sixe hundred acres of land, with the seas Anent the

same, shall at thend & expiracon of the said five yeares, Be

equallie deuided, betweene them the said Dauid Thomson,

Abraham Colmer, Nicholas Sherwill and Leonard Pomery by

lotts, And that all costs chargs and disbursments whatso-

euer, to be paid & layde forth, from and after the landing of

the said men or any of them in Newe England aforesaid,

towards the rinding oute of the said sixe thousand acres of

land, or for the buildinge planting and husbanding, of the

 

 

 

4 DAVID THOMPSON S INDENTURE.

 

said six hundred acres of land, shall During the said five

yeares be equallie borne and paid, betweene all the said par-

ties to theis p'sents The residue of the said sixe thousand

acres of land, to be also in such convenient tyme as maye be

Deuided betweene them the said parties in foure parts, and

by lots as aforesaid, w th all the seas & Riuers Anent the

same, and all other the premysses to the same belonging.

Whereof the said Dauid Thomson his heires an assignes, are

to haue three Quarters, And the said Abraham Cornier

Nicholas Sherwill & Leonard Pomerie, their heires & as-

signes, One quarter accordinge to the true intent & meaning

of the last before recyted grannt, to them thereof to be made

by the said Dauid Thomson his heires & assiynes

 

Item, it is farther agreed, by and betweene the said par-

ties to theis p r sents, that the said Hand w th the grounde

Soyles, Hauens, Rivers ports, Creeks, w th thapp ul 'tenncs there-

vnto belonging at thend of the said five yeares, shall alsoe be

Devided amongste them, the said parties in foure partes, by

lotts as aforesaid, Whereof the said Dauid Thomson his

heires & assignes are to haue three of the said foure partes,

And the said Abraham Cornier, Nicholas Sherwill and Leon-

ard Pomerie, their heires and assignes, thother foureth parte,

accordinge to the true intent & meaninge, of the laste before

recyted grannt thereof to them made

 

Item, farther it is fully couenated & agreed by and be-

tweene the said parties to theis pnts, That ail costes, chargs,

expenses, and disbursm* 8 whatsoeu w ch shall happen to be

expended laid forth or disburssed for and towards the plant-

ing & husbanding of the said Hand w th thapp" r tennes, And

for and towards the Erecting of habitacons or buildings there

Vntill the same be divided as aforesaid, shalbe borne and

paid betweene the said parties, in this sorte (viz), three

partes, by the said Dauid Thompson, his heires and assignes

and the other foureth parte, by the said Abraham Colmer,

Nicholas Sherwill & Leonard Pomerie their heires and

assignes.

 

Item, it is farther agreed by and betweene the said parties

to theis p r sents, that all benefitts and profitts whatsoeuer,

that shall or may, duringe the said terme of five yeares

happen to accrewe arise & growe oute of or upon the said

sixe hundred acres of land, be it more or lesse, and of the

Seas and Rivers therevnto belonging, or by trading, fishing,

Setting & Setling of the same landes & tenements, or any

 

 

 

david Thompson's indenture. 5

 

parte of them, or by any other industrie waies or meanss

whatsoever (the fishing of such shipp or shipps of the said

Abraham Colmer Nicholas Sherwill & Leonard Pomerie, or

of either or any of them or of either or any of their assignes,

sett forth onely at their costs & charges, and wherein the

said Dauid Thomson, doth not, or will not, put in his parte

of the coste and charges, onely excepted & foreprised,) shall

also be equallie divided betweene them the parties to these

presents parte and parte alike

 

Item, it is also agreed by and betweene the said parties to

theis p r sents, that all benefitts & profits, that shall or maye,

duringe the said terme of five yeares, happen to accrewe aryse

and growe, oute of or vpon, the residue of the said, sixe

thousand acres of land w th thapp ur tenncs or oute of, or upon

the said Hand w th thapp m tenncs shall be devided into foure

parts Whereof the said Dauid Thomson his heires and as-

signes shall haue three partes, And the said Abraham Col-

mer Nicholas Sherwill, and Leonard Pomery their heires &

assignes shall haue th'other foureth parte, And that every

of them, shall and will vpon reasonable request, delyuer to

th'other a iuste & perfect accompt of his receipts & pay-

ments concerning the premisses And for the true perform-

ance of all and singuler, the said Covenannts and agreements,

either of the said parties bindeth himself to th'other firmly

by these presents

 

In wittness wheareof the said parties interchangablie, to

theis p'sent coven a nts Indented, their handes and Seales haue

sett heoven the daye and yeare ffirst aboue wrytten

 

Annog. Dm 1622

 

P me [Abraham] Colmer P me Nicholas Sherwill Leon-

ard Pomery

 

Sealed and delyuered in p'sents of

 

John ffowell

 

Teste me Tho. Cruse

 

Teste Hugoe Bull

 

Michael Herring

 

 

 

TO OUR FRIENDS AND PATRONS.

 

In entering upon the second year's publication of The New

Hampshire Genealogical Record, the editor wishes to ex-

press his sincere thanks to his friends and patrons for the

 

 

 

6 TO OUR FRIENDS AND PATRONS.

 

support they have given the publication during the past

twelve months. We intend to make the magazine much

more interesting the coming year than heretofore, and to

improve it in every way possible. In this number we have

given David Thompson's indenture with his partners Abraham

Colmer, Nicholas Shenvill and Leonard P ornery, gentlemen

of Plymouth, England. This will be followed in the near

future (possibly beginning in October), by a series of

articles on "The Early Settlement of New Hampshire." We

are gathering data in England and elsewhere, concerning

David Thompson and his party (consisting of eight men in-

cluding himself, and four women), who in 1623 settled in

New Hampshire at Little Harbor, then called Pannaway,

now in the town of Rye. The story of his building a large

house at Pannaway, protected with palisades and flankers,

and fortified with four small cannon; of his building a second

house at Thompson's Point, in Dover, to accommodate his

salmon fishing industry, which point was specially included

in his charter; the sad loss of three of his men and their

burial at Thompson's Point; the accidental finding of their

graves and the exhumation of their remains; the dismantling

of the house at Pannaway and the removal of David

Thompson, in the early part of 1625, to Massachusetts,

Avhere, with one of his men he built another house with

palisades and fortified it with the four cannon before men-

tioned; his death, and the marriage of his widow to one of

the men of his party; the three men he left to look after his

interests in New Hampshire, and what became of them;

the final abandonment of Pannaway and Thompson's Point

and the commencement of the settlement at Hilton's Point,

and the reasons therefor; the efforts of Edward Hilton to

get a new charter for the members of the party remaining

in New Hampshire, and his final success on March 12,

1629/30; and the growth and success of the later settlements

in New Hampshire, together with a genealogical and bio-

graphical sketch of each of the early settlers will be giv-

en and proved by positive and circumstantial evidence

and will appeal to all lovers of history and genealogy. We

propose to cover the first fifty years of the history and

genealogy of New Hampshire with a thoroughness never

before attempted. The publication of an exact transcript

of the genealogical records of New Hampshire will re-

main the special province of the magazine.