The following history of land ownership is helpful in
understanding the early (pre 1670 or so) tensions between Massachusetts and
those early inhabitants of the Rehoboth area, now a part of Rhode Island.
Students of the early (before 1700) history of the Pawtucket/Rehoboth area
may seem puzzled by the seeming lack of care of the early settlers in the
Pawtucket area to record their existence or seek legal purchases of land
in the area. In fact, they were being prudent.
The "Warwick Patent" of the King, in 1630, through the Council for
New England, in England, granted the entire territory of the Plymouth Colony to
"William Bradford, his heirs, assigns, associates and assigns", with
all the formal legal words that made Bradford the absolute and sole
owner. In other words he and those he chose were the owners of the
land. The description of the land he was granted was vague, because of the
lack of knowledge of the land. But whatever defect there may have been in
describing the northerly boundary (and hence the line to be drawn between the
Plymouth Colony and the later Massachusetts Bay Colony), it was reasonably clear
that he and his associates were to own land westward from the Plymouth Colony,
but not clear how far westward into or near Narragansett Bay.
Bradford immediately took in as his "associates" the previous
earlier purchasers under a prior patent, and they could have continued to regard
themselves as owning all the land. However, they regarded themselves as
only being trustees for the community, except they reserved for themselves,
as sole owners, three tracts of land running up to the east edge of Narragansett
Bay and the north-south line of what later became known as the Pawtucket and
Blackstone Rivers.
As new settlements were needed, by population pressure, outside of the
original Plymouth settlement, Bradford would assign an appropriate portion of
his titled lands to the new settlement. But the three tracts, to
which he and his associates had kept the full legal title, were not in the
assignments for new settlements in the Plymouth Colony.
In 1639 and 1640, the Massachusetts Bay Colony and the Plymouth colony
tried to settle their differences about the dividing line between their
lands. Among other things, they had a dispute about the land
immediately to the east of the Narragansett Bay. As part of the
settlement the commissioners asked Bradford to surrender his patent rights to
the Plymouth Colony, so it in turn could settle its land disputes with the Bay
Colony.
In March 1641, Bradford formally surrendered his patent rights to the
"Body of Freemen" of the Plymouth Colony, but --- again,
consistently reserved the three previously reserved lands to his sole
ownership. The third tract so reserved was described as:
"The third place, from Sowamsett River to Pawtucket
River, with Cawsumsett Neck.. . . . extending into the land eight miles
through the whole breadth thereof"
This reserved tract number three comprised the present Swansea, Rehoboth,
Seekonk and Attleboro, MA, and East Providence, Cumberland and Pawtucket, RI.
(Bradford 1650, pp 428 - 430 and Bowen, Early Rehoboth 50.]
Bradford was the Governor of the Plymouth Colony, so it is not surprising
that his ownership would be protected by the colony, acting through its General
Court. Governor Bradford and his son Major William were particularly
interested in the tract number three. [Bradford 1650, p 430]. The
west part of this tract was claimed by the Massachusetts Bay Colony, so settlers
in the area who did not claim to have title from Bradford were a threat to
Bradford's land title. English law of the time would recognize his
allowing settlers without title from him as either being an admission that he
did not own the property claimed by the Bay Colony, or else a relinquishment of
the by adverse possession of others, if the adverse possession lasted long
enough.
After Bradford surrendered his patent, in 1641, the Massachusetts Bay Colony was
recognized by the Plymouth Colony as having at least political and judicial
control to a mile or two on the east side of the Pawtucket River. This
included what would become the Pawtucket town on the east side of the River.
Now, for the first time, it was at least "awkward" for Bradford to be
able to throw settlers out of the land on the east side of the Pawtucket River
and the Narragansett Bay.
Now, with that understanding, it is easier for us to understand some of the
early history of the Rehoboth area, and why in about 1641 to 1644, there
was a shift in how one obtained a right to say that one "owned" land
in that Providence/Pawtucket/Rehoboth area. Let us follow the history
further.
When Roger Williams came, in 1636, to what is now Rhode Island, he bought
land from the Indians, who he recognized as owning this wild part of the
country. Williams settled in the Rehoboth/Seekonk area, on the east shore
of the Bay and the Pawtucket River. The Plymouth Colony claimed he was on
their land, and had to leave. Williams was forced to move across the Bay
and River to Providence. All who came after Williams and settled in the
area met the same fate until 1641. That is, they attempted settlement by
buying land from the Indians, the Plymouth Court (the general assembly),
probably at the behest of Bradford, took issue and forced the removal of
the settlers.
Shortly before Bradford's surrender of patent rights, noted above, the Rev.
Newman asked for permission to settle in this area. Newman was somewhat of
a thorn in the side of the Plymouth Colony, because although not an out and out
dissenter, his views were somewhat different than the established church, and he
was strong minded, intelligent, and vigorous in leadership of his flock.
In 1641, Newman purchased the right to settle, and received permission to settle
in the area, from the Plymouth Colony. He named the settlement
Rehoboth.
With the 1641 Newman purchase, and the settlement of the boundary dispute
with the Bay Colony, Bradford seemed to lose interest in protecting title
to the land immediately north of the Newman settlement and within the land now
in the Bay's legal jurisdiction.
The
map on the left (click to enlarge) shows how Bradford understood his reserved
tract number three to be in 1650. The yellow spot is what the Plymouth
Court would have understood, from descriptions, if persons were reporting where
Hazels (see discussion below) was located. The red line is the west
boundary of the Plymouth Colony after the settlement of 1641. The place
labeled as "Rehoboth 1638" near the left bottom corner of the tract
three is a reference to the place Williams originally settled. (The
Rehoboth of Newman's 1641 settlement was further north of the settlement of
Williams, although communications and mapping being what they were in 1641, that
may not have been understood back in Plymouth.) When Williams was thrown
out of the Massachusetts Bay Colony, he went to the specially reserved tract No.
3 of Governor Bradford of the Plymouth Colony! No wonder that Williams had
to move from "his" Rehoboth to found Providence across the
river/bay!
When Newman arrived, he found John Hazels living nearby, north of the
Rehoboth settlement, and claiming 600 acres as purchased from the prior
owner who had been forced to leave by the Plymouth Court, as not having good
title and they wanted him "out". There were a number of
practical reasons for Newman recognizing Hazel as a part of the Rehoboth
settlement, even though Hazels did not have his title through the Plymouth
Court. Newman treated Hazels as a sort of good neighbor participating in
the events of the settlement proper.
Hazels must have sold or given some sort of right to William Bucklin to have
a house on his land, for the Rehoboth Town Meeting Records of 1 Feb 1645
state:
"...At the same time the way to William Buckland's house is agreed on by
those partyes which it doth conform."
This notation was unusual, because the Newman congregation had organized as a
proprietary body, all the townspersons with Newman had definite allotments from
the purchase which Newman's congregation had jointly made, and there is no
record of Bucklin purchasing anything other than the Hazel land, as noted
below. Because Hazel's land was outside the Rehoboth title purchase, only
Hazel and Bucklin could seem to be involved in "agreeing" on the
easement to get to Bucklins house. The notation suggests two things:
that Bucklin was inside the Hazel 600 acres by 1645, not even wanting to be
an owner of record, probably because of the problems that would arise if the
Plymouth Court knew of the existence of people living in the area outside the
land granted the Plymouth to Newman (especially if the "outsiders"
were non-conformists); but
that the Rehoboth Town Meeting was being used by Bucklin as a friendly local
adjudicator to see that Bucklin had access to his house and would have some
standing if Hazel were to change his mind later.
(As an aside, Bucklin may have had unpleasant reasons in 1645 for
leaving Hingham, where he owned substantial property and had been living since
1634, and seeking a move to a more friendly neighbors. In 1645 the town of
Hingham was in deep and unseemly divisions, neighbor against neighbor, with some
men being jailed for disobedience in regard to who were to be the officers of
the town militia, and the town seeking the impeachment of Governor Winthrop.
And, perhaps more importantly, see the notes at the end of this page, which
refer to a religious reason why events leading up to 1645 may have pushed
William westward toward Williams.)
In 1649, the Plymouth Court (the general assembly) heard a complaint about
Hazel settling in the area, but confirmed in Hazels the right to be there on a
tract of 600 acres abutting the land previously granted to Newman. (Indeed, if
the Plymouth Court had sought to throw him out, it could have raised a problem
with the previous settlement with the Bay Colony, which gave the Bay Colony
legal and political control of that exact spot. Still Hazels seemed to be
uneasy in being in the jurisdiction of something other than Rhode Island.
He decided to move across the river to Rhode Island. He sold his 600 acres
to Edward Smith, who was the town clerk of Rehoboth, who immediately in turn
sold it to William Bucklin.
Volume 1 of the old Proprietary Records of Rehoboth, in a 1651 entry,
shows Bucklin entering a description of the land as being his (to wit: the
description recorded of his land Bucklin fits fairly precisely with the bounds
of the 600 acres of land described in the 1649 Plymouth Colony records as being
the land confirmed to Hazel) and saying he purchased it from Smith. The
use of Smith, who happened to be the town clerk, as the founding link of
Bucklin's land title, gave Bucklin the appearance of having title from the
Newman Colony, which title the Bay
and Plymouth colonies would respect if they did not inquire too much.
Read more about Bucklin's 600 acres.
William Bucklin's wife's parents were Quakers, and William himself never
joined the established churches, not even that of Rev. Newman. The early
Bucklins were staunch Baptists, so probably William himself was of
the Baptist persuasion. (Note, e.g., son Benjamin born in Hingham was
christened after his 1640 birth, not baptized, which would have marked William
and his wife as being Baptists.)
In about 1641, both the Bay Colony and the Plymouth Colony became more
concerned about "wickedness" and "offenses against
churches." Persons who were not outspoken enough to be
banished, like Williams had been, were still fearful of being punished for
unorthodox behavior. In particular, the Bay Colony was unfavorably
impressed with the "Islanders" in the colonies set up by Williams,
Hutchinson at Portsmouth, Coddington at Newport, and Groton at Warwick, and
debated whether to annex Rhode Island by force, or persuade Plymouth to do it,
or leave them alone. Read what the Bay Governor had to say about
these Islanders in 1642:
"[C]oncerning the Inlanders...Neither is it only in faction that they
are divided from us, but in very deed the rend themselves from all the true
churches of Christ . . . by some of their under workers or emissaries who have
lately come amongst us and have made public defiance agasint magistracy,
ministry, churches and church covenants, etc. as antichristian. Secretly,
also, sowing the seeds of Familism and Anabaptistry, to the infection of
some and danger of others." [March 1642 letter reprinted at 318 Bradford
1650].
Before the Bay Colony could reach a decision in their debates, Williams
obtained the Providence Plantations Patent from Parliament in 1644, giving
unassailable legal standing to protect those settlements as a separate land
patent. This was fortunate, since by the end of the 17th
century, Rev. Cotton Mather, the best known of the Massachusetts
ministers, called Rhode Island "the cesspool of New England".
With the protection of the1644 Patent, Williams and other religious
non-conformists might well have been swept out of the lands to which they had
fled. With the 1644 Patent of Williams, religious non-conformists were
much more in ease of mind if they were closer to William's Providence than to
Boston or Plymouth.