" [Footnote: Winthrop, ii. 146.] All the magistrates but
three thought that Gorton ought to die, but he was finally sentenced to an
imprisonment of barbarous cruelty. The invasion of Rhode Island was a
violation of an independent jurisdiction, the arrest was illegal, the
sentence an arbitrary outrage. [Footnote: See paper of Mr. Charles Deane,
_New Eng. Historical and Genealogical Register_, vol. iv.]
Massachusetts was also at feud in the north, and none of her quarrels
brought more serious results than this with the proprietors of New
Hampshire and Maine. The grant in the charter was of all lands between the
Charles and Merrimack, and also all lands within the space of three miles
to the northward of the said Merrimack, or to the northward of any part
thereof, and all lands lying within the limits aforesaid from the Atlantic
to the South Sea.
Clearly the intention was to give a margin of three miles beyond a river
which was then supposed to flow from west to east, and accordingly the
territory to the north, being unoccupied, was granted to Mason and Gorges.
Nor was this construction questioned before 1639--the General Court having
at an early day measured off the three miles and marked the boundary by
what was called the Bound House.
Gradually, however, as it became known that the Merrimack rose to the
north, larger claims were made.
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