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Full text of "Documentary history of the state of Maine .."

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COLI.ECTIONS 

OF THE 

MAINE HISTORICAL SOCIETY 

SECOND SERIES 



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DOOUMENTAKY 

HISTORY OF TUE STATE OF MAINE 

VOL. VII 

CONTAINING 

The Farnham Papers 

1608 — 1688 

COMPILED 

By MISS MARY FRANCES FARNHAM 



Member of the Okbgon Historical Society and of 
THE American Historical Society 



PUBLISHED BY THE MAINE UXSTOKICAL SOCIETY, AIDED BY 
APPROPRIATIONS FROM THE STATE 



PORTLAND 

THE THURSTON PRINT 

1901 



MAINE .;^. 
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TABLE OF CONTENTS. 

PAOK. 

I. Extracts from the Patent of Acadia, by Henry IV. of 

France, November 8-18, 1603, 1 

IT. Extracts from tlie First Charter of Virginia, by .Taiiu's 

I. of England, April 10-20, 1006, .... 

III. Grant of Exclusive Trade to New Netherlands, by the 

States General of the United Netherlands, October 
11-21, 1G14, 12 

IV. Petition for a Charter of New England, by the Northern 

Company of Adventurers, March 3-13, 1619-20, 15 

V. Warrant for the Patent of New England, by James I. of 

England, July 23- August 2, 1620, . . . . 18 
VI. Great Patent of New England, by Jame.s I. of England. 

November 3-13, 1620, 20 

VTI. First Falmouth Patent, by the Great Council for New 

England, June 1-11, 1621, 4.0 

VIII. Extracts from the Charter of the Dutch West India 
Company, by the States General of the United Neth- 
erlands, June 3-13, 1621, 53 

IX. Extracts from the Charter of Nova Scotia, by James I. 

of England, September 10-20, 1621, . . ' . 57 

X. Minutes of the First Division of the Great Patent, by 
the Great Council for New England, June 24- 

July 4, 1622, 01 

XI. Grant of the Province of Maine, by the Great Council 

of New England, August 10-20, 1622, ... 04 

XII. Memorandum of the Grant to Christopher Levett, by 

the Great Council for New England, May 5-15, 1623, 72 

XIII. Second Division of the Patent, by the Great Council for 

New England, June 29-July 9, 1623, ... 73 

XIV. Extracts from the Novodamus Charter of Nova Scotia, 

by Charles I. of England, July 12-22, 1625, . . 76 
XV. Brown Deed at Pemaquid, by Samoset and Unongoit, 

Sagamores, July 15-25, 1625, .... 80 

XVI. Extracts from the Charter of Canada, by Charles I. of 

England, February 2-12, 1628-9, 82 



495<)yi 



VI 



CONTENTS. 



PAGE. 

XVII. Extracts from the Charter of Massachusetts Bay, by 

Charles I. of England, March 4-14, 1628-9, . 86 

XVIII. Treaty of Suza, between Louis XIII. of France and 

Charles I. of England, April 24-May 4, 1629, . . 92 
XIX. Extracts from the Grant of New Hampshire, by the 
Gi-eat Council for New England, November 7-17, 

1629, 95 

XX. Laconia Patent, by the Great Council for New Eng- 
land, November 17-27, 1629, 98 

XXI. Charter of Plymouth Colony, by the Great Council for 

New England, January 13-23, 1629-30, . . 108 

XXII. Grant of Land to Lewis and Bonighton, by the Great 

Council for New England, February 12-22, 1629-30, 117 
XXIII. Grant of Land to Oldham and Vines, by the Great 

Council for New England, February 12-22, 1629-30, 121 
XXIV. Extracts from the Muscongus Patent, by the Great 

Council for New England, March 13-23, 1629-30, . 125 
XXV. Grant to Claude La Tour, by Sir William Alexander, 

April 30-May 10, 1630, 128 

XXVI. Notes on the Lygonia Grant, by the Great Council 

for New England, June 26- July 6, 1630, . . 133 

XXVII. Black Point Patent, by the Great Council for New 

England, November 1-11, 1631, .... 137 

XXVIII. Pascataway Grant, by the Great Council for New Eng- 

land, November 3-13, 1631, 143 

XXIX. Abstract of the Grant to Richard Bradshaw, by the 
Great Council for New England, November 4-14, 

1631, 150 

XXX. Trelawny Patent, by the Great Council for New Eng- 
land, December 1-11, 1631, 152 

XXXI. Abstract of the Agamenticus Grant, by the Great 

Council for New England, December 2-12, 1631, . 159 

XXXII. Abstract of the Grant of Richmond's Island, by the 
Great Council for New England, December 2-12, 
1631 162 

XXXIII. Abstract of the Grant of Cape Porpoise, by the Great 

Council for New England, December 2-12, 1631, 163 

XXXIV. Grant of Pemaquid, by the Great Council for New 

England, February 29-March 10, 1631-2, . . 165 
XXXV. Concession of the River and Bay of St. Croix to 
Razilly, by the Company of New France, May 
14-24, 1632, 172 



CONTENTS. 



vu 



XXXVI. Extracts from the Treaty of St. Germain, between 
Louis XIII. of France and Charles I. of England, 

May 29-June 8, 1632, 175 

XXXVI I. Deposition Concerninj? the Pejepscot Patent, by the 
Great Council for New England, June 16-26, 

1632, 177 

XXXVIII. Livery of Land at Cape Porpoise by Walter Neale, 

May 23-June 2, 1633, 179 

XXXIX. Ratification in Favor of Viscount Stirling, by Par- 
liament of Scotland, June 28-July 8, 1033, . 181 
XL. Final Division of the Patent for New England, by 
the Great Council for New England, February 

3-13, 1634-.J, 183 

XLI. Extracts from the Patent of the County of Canada, 
by the Great Council for New England, April 

22-May 2, 1635, 189 

Xlill. Grant of Masonia, by the Great Council for New 

England, April 22-May 2, 1635, .... 191 
XLIII. Declaration for Resignation of the Great Charter, 
by the Great Council for New England, April 

20-May 6, 1635, 196 

XLIV. Humble Petition for Act of Surrender of the Great 
Patent, by the Great Council for New England, 

May 1-11, 1635, 201 

XLV. Act of Surrender of the Great Patent, by the Great 

Council for New England, June 7-17, 1635, . 203 

XLVI. Extracts from the Charter of New Hampshire, by 

Charles I. of England, August 19-29, 1635, . 205 

XLVII. Indenture of Land on the Newichewannock, by Sir 

Ferdinando Gorges, September 17-27, 1635, 208 

XLVIII. Concession of Acadia to Sir Charles La Tour, by the 

Company of New France, January 15-25, 1635-6, 212 
XLIX. Lease of Land at Casco Hay, by Sir Ferdinando 

Gorges, January 27-February 6, 1636-7, . . 214 

L. Commission to Sir Ferdinando Gorges as Governor 
of New England, by Charles I. of England, July 

23-August 2, 1637, 219 

LI. Charter of the Province of Maine, by Charles I. of 

England, April 3-13, 1639, 222 

LII. Conveyance of Lands at Pejepscot to Governor Win- 
throp, by Thomas Purchas, August 22-Septem- 
ber 1, 1639 243 



VIU 



CONTENTS. 



I-III. Commission to Sir Thomas, Jocelynand Others, by Sir 

Ferclinando Gorges, September 2-12, 1639, 
LIV. Commission, with Ordinances, to Thomas Gorges, by 
Sir Ferdinando Gorges, March 10-20, 1639-40, . 
LV. Assignment of Plymouth Charter to the Freemen, by 
Governor Bradford, March 2-12, 1040-41, 
LVI. Commission to Lord D'Auluey Charnizay, by Louis 
XIV. of France, February, 1047-8, 
LVir. Social Compact to Secure Independent Government, 

by Wells, Gorgeana and Piscataqua, July, 1649, 

LVIII. Petition to Parliament for Protection, by the General 

Court of the Province of Maine, December 5-15, 

1651, 

LIX. Letters Patent Confirming Sir Charles La Tour in 
Acadia, by Louis XIV. of France, February 25- 

March 7, 1651-2, 

LX. The County of Yorkshire Created, by the General 
Court of Massachusetts Bay, November 20-30, 

1652, 

LXI. Petition for Enlarged Privileges on the Kennebec 
River, by Edward Winslow for New Plymouth, 

March 8-18, 1652-3, 

LXI I. Extracts from the Treaty of Westminster, between 
Oliver Cromwell, Lord Protector of the Rei^ublic 
of England and Louis XIV. of France, November 

3-13, 1655, 

LXIII. Extract from the Grant of Acadia to La Tour and 
Associates, by Oliver Cromwell, Lord Protector of 

England, August 9-19, 1656, 

LXIV. Commission to Sir Thomas Temple as Governor of 

Nova Scotia, by Oliver Cromwell, Lord Protector 

of England, September 17-27, 1656, 

LXV. Jurisdiction Extended over Lygonia, by the General 

Court of Massachusetts Bay, October 19-29, 

1658, 

LXVI. Patent Constituting a Council for Trade, by Charles II. 
of England, November 7-17, 1660, 
LXVII. Indenture for the Purchase of Lands on the Kennebec 
River, by the General Court of Plymouth, October 

27-November 6, 1661, 

LXVIII. Commission to Francis Champernoon and Others, by 
Ferdinando Gorges, June 21-July 1, 1004, . 



PAGE. 

245 
248 
256 
259 
265 



207 



269 



277 

278 

280 

282 

288 
292 

29e 
301 



CONTENTS. 



IX 



.".17 



319 



LXIX. Extracts from tlie Grant of Pemaiiuid to .himcs, Duku 
of York, by Charles 11. of England, Marcli 12-22, 

1G64-5, :i04 

LXX. Report in Favor of Provincial Government in Maine, 
by the King's Commissioners, June 2;>-July .!, 

16G5, :;0T 

liXXF. Abstract of the Treaty of Breda, between Cliarlcs II. 
of England and liOuis XIV. of France, .Inly 

21-31, 1()67, -11 

I.XXTl. Extracts from the Peace of Breda, between Charles 
II. of England and the States General, July 21-31. 

1G67, •"14 

liXXIII. Order for Submission of the Province of Maine, by 
the General Court of Massachusetts l>ay. May 

27 -June 6, 166S, 

I.XXIV. Extracts from the Treaty of Westminster, between 
Charles II. of England and the States General, 

February 9-19, 1G73-4, 

LXXV. Order for Commissioners to Hold Court at Pema- 
quid, by the General Court of Massachusetts 

Bay, May 27-June 6, 1674, o22 

LXXVI. Extracts from the Grant of Pemaquid, Renewed to 
James, Duke of York, by Cliarles II. of Eng- 
land, June 29-July 9, 1674, ".23 

LXXVI r. Commission to Major Andros as Governor of Xew 
York, by James, Duke of York, July 1-11, 

1674, 326 

LXXVIIl. Commission to John Rhoades for Possession of 
Acadia, by the General West India Company, 

September 11-21, 1676, 328 

IjXXIX. Appointment of Cornelis Steenwyck, by the General 
West India Company, October 27-Xovember 7, 

1676, 330 

LXXX. Judgment in Favor of Ferdinando Gorges, by the 
Council for Trade and Plantations, July 20-30, 

1677, 334 

LXXXI. Abstract of the Treaty of Westminster, between 
Charles II. of England and the States General, 

March 3-13, 1677-S, 341 

LXXXII. Deed of the Province of Maine to John Usher, by 

Ferdinando Gorges, Marcli 13-23. 1677-8, . . 34^3 



CONTENTS. 



PAGE, 

LXXXIII. Deed of the Province of Maine to the Governor 

and Company of Massachusetts Bay, by John 

Usher, March 15-25, 1677-8, .... 350 

LXXXIV. Organization of Government in the Province of 

Maine, by the General Court of Massachusetts, 

February 4-14, 1679-80, 356 

LXXXV. Writ of Quo Warranto against Massachusetts, by 

Charles II. of England, June 27-July 7, 1683, . 859 
LXXXVI. Deed of Lands on the Androscoggin, by Worumbo 

and Other Sagamores, July 7-17, 1684, . . 361 

LXXXVII. Extracts from Commission for a President and 
Council for New England, by James II. of 
England, October 8-18, 1685, . . . .366 
LXXXVIII. Extracts from Commission to Sir Edmund Andros 
as Governor of 'New England, by James II. of 
England, June 3-13, 1686, .... 369 

LXXXIX. Order for Annexation of Pemaquid to New Eng- 
land, by James II. of England, September 19- 

29, 1686, 372 

XC. Abstract of the Treaty of London, between James 
II. of England and Louis XIV. of France, No- 
vember 16-26, 1686, 373 

XCI. Treaty of Whitehall, between James II. of Eng- 
land, and Louis XIV. of France, December 

1-11, 1687, 376 

XCII. Extracts from Commission to Sir Edmund Andros 
as Captain-General and Governor-in-Chief of 
New England, by James II. of England, April 

7-17, 1688, 379 

XCIII. Grant of Lands at Mt. Desert to Sieur de la Mothe 
Cadillac, by the Governor and Council of 
Canada, July 23-Augu8t 2, 1688, . . .382 



PREFACE. 

This compilation of " Documents Relating to the Terri- 
torial History of Maine " is the expansion of the results of 
a year's work under the direction of Professor Hart, in con- 
nection with the Seminary of American History and Institu- 
tions at Radclifle College. With the belief that such a 
collection may prove a valuable aid to students of Maine 
history the work has been completed in its present form. 
In order to bring the series into reasonable limits it has been 
necessary to exclude all grants which led only to discover^' 
or exploration, although England rests her claim to North 
America on the voyages of the Cabots. The beginning of 
the seventeenth century, under the patent to De Monts, 
witnessed the first permanent settlement within the limits 
investigated in connection with the present work. To bring 
together in chronological sequence documents that elucidate 
the leading facts, both in territorial development and the 
changes of government from 1603 to the present time, is the 
purpose of this compendium. 

In selecting the sources from which these documents have 
been taken, the method adopted has been to choose what 
seemed the best available text; in all cases the original, if 
that has been accessible, otherwise an authentic transcript 
or reprint. 

The head-notes which accompany each document arc 
mainly designed to give a history of the sources as well as 
their bearing upon Maine history. 

A special bibliography is also given in each case. The 
work of reading and investigation for that particular pur- 
pose has been materially lightened by the use of Dr. Justin 
Winsor'a "Narrative and Critical History of America"; 



Xll PREFACE. 

Channing and Hart's "Guide to the Study of American 
History"; and Hon. Joseph Williamson's "Bibliography 
of Maine." 

In the titles of documents the terms charter, patent and 
grant are employed somewhat interchangeably in accordance 
with common usage or the reading of the text. No attempt 
has been made to discern a legal distinction between them. 

A double set of dates is used until 1752, when the Julian 
calendar gave place to the Gregorian in England and 
Catholic Europe, 

The work of compilation could not have been carried for- 
ward to completeness without many favors, some of which 
have already beeo suggested. The wide range of obliga- 
tions makes it difficult to enumerate them all. Before all 
others, grateful thanks are rendered to Professor Hart, 
whose wise counsel and kindly assistance have guided the 
work at every stage ; to the late Dr. Justin Winsor, libra- 
rian of Harvard University, for personal suggestions of 
great value on sources and authorities ; to the Harvard 
College Library for the generous management which makes 
all books in the department of American History directly 
accessible to students of the Historical Seminary ; to Mr. 
Hubbard W. Bryant, librarian of the Maine Historical 
Society, for access to the Archives ; to Dr. Samuel A. 
Green, librarian of the Massachusetts Historical Society, for 
the privilege of examining " Colonial Letters and Papers," 
also for permission to make reprints from publications ; to 
the Boston Athenaeum for the privilege of consulting " The 
Acts of the Parliament of Scotland " ; and to Mr. Edmund 
L. Barton, librarian of the American Antiquarian Society 
at Worcester, for the opportunity to transcribe a notarial 
copy of the Pemaquid Patent. 

Among other favors, Hon. Joseph Williamson has gen- 
erously loaned advance sheets of his "Bibliography of 



PREFACE. XI 11 

Maine," with other papers of great assistance; Mr. Justin 
M. Leavitt, register of deeds for York County, courteously 
exphiined the condition and history of the " York Deeds," 
and arranged for the use of MS. volumes; at the Middlesex 
and Plymouth registries similar favors have also been 
extended. In the Boston Public Library, where much time 
has l)een spent, every opportunity has been given for con- 
sulting special libraries, especially the unsurpassed collection 
of United States Documents ; the Massachusetts State 
Library has also afforded great facilities for studying legis- 
lative enactments of Massachusetts and Maine ; and nuich 
kindness has been shown by the custodians of the Massa- 
chusetts Archives, which are so rich in Colonial documents. 

A few extracts have been made from publications of the 
Prince and Gorges Societies, from " New Hampshire Docu- 
ments," and from private sources ; such flivors are cordially 
recognized. 

Finally, grateful acknowledgments are due to President 
Hyde, of Bowdoin College, and lion. James Phinney Bax- 
ter, of Portland, for their kindness in examining manuscripts 
and valuable suggestions. 

Errors and omissions wnll undoubtedly appear, but the 
aim of the compiler has been to present an accurate and 
painstaking study from the sources. 

Maky Frances Farnham. 

Pacific University, Forest Grove, Oregon. 



INTRODUCTION. 

The desire for fuller knowledge of the every-day life of 
people whom the world has known through their works has 
created ii most iuteresting department in literature. By 
means of published letters, youthful ambitions are made 
known, and the course of circumstances which have shaped 
eventful lives is traced. In the history of an individual 
State, documentary sources furnish opportunities to indulge 
somethino; of the same inclination. Such material, far from 
being the dry bones of a dead past, becomes by the aid of 
an intelligent imagination a living personality. The record 
of beginnings is not only interesting, but is important, when 
read in the light of events which have developed from seem- 
ingly insignificant sources. The history of an industrious 
and law-abiding State of the present day hardly suggests the 
varied and stormy past that documentary evidence plainly 
reveals. By such an agency the progress from a passive 
submission to usurping authority, to an active resistance in 
the struggle for individual rights, is clearly set forth. The 
territorial history of Maine })resents many complicated ques- 
tions, not only from conflicting elements involved in the 
struggle for supremacy within her boundaries, but also from 
her frontier position. In the number of eventful crises the 
record of Maine is hardly surpassed by that ot any other 
State. 

The value of a documentary work, which is brought 
within the limits of. an octavo volume, and yet is sufficiently 
comprehensive to represent important facts in the history of 
a State, lies in the use that may be made of it by students 
who cannot have access to large libraries, or original records. 
The study of special topics is greatly facilitated by illustra- 
tive material, which is brought together in a compact form. 



XVI INTRODUCTION. 

When access can be had to a good public library such a 
handbook by means of bibliographies will serve as a guide 
to supplementary reading. It is believed that each docu- 
ment included in this compendium has a bearing on the 
ever-shifting policy of rival powers that dealt with provinces 
in the ancient limits of Maine like tennis balls given or 
returned in the game for territory ; or it serves to illustrate 
the development of an independent government and the 
preservation of State rights. 

One of the topics on which many students need informa- 
tion is the Great Council for New England which originated 
in the Northern, or Plymouth, Company under the first 
Virginia Charter, of 1606 [II.]. From the issuance of 
the Great Patent, in 1620, until its surrender in 1635 [VI.- 
XLV.] there are but few State papers directly relating to 
Maine that did not emanate from that body. In no other 
section of New England were so many grants conferred by 
the Great Council as within the limits of Maine, where from 
ignorance, or reckless disregard of geography, the Company 
issued, in quick succession, patents whose overlapping boun- 
daries caused long and bitter controversies. It was 
remarked with grim humor that " it would require more 
lawyers to adjust the claims of rival adventurers than there 
were inhabitants in their whole territory." In the hope 
that a more intelligent acquaintance will be made, not only 
with that important Company, but also with the claims of 
original proprietors of the soil, it is attempted in this com- 
pilation to give some record of each grant under the Great 
Council, so far as it had relation to Maine territory. Where 
the original document itself, or an authentic transcript, has 
not been found, a minute to that effect is inserted from the 
Council records. 

During the early Colonial period, not onl}^ Massachusetts 
Bay and New York ; the Dutch and the French ; Parliament 
and the King ; but Puritanism and Episcopacy, all struggled 



INTRODUCTION. XVII 

for precedence within the provinces of Maine and Sagadahoc. 
After Maine was consolidated with Massachusetts by the 
Royal Charter of 1691, her internal history was more peace- 
ful, except for Indian wars. The number of documents 
presented by both English and French commissioners after 
the Treaty of Aix-la-Chapelle [CV.] is evidence, how- 
ever, of the involved relations between Maine and Nova 
Scotia in regard to territorial claims ; such sources also 
indicate that boundary questions were destined to occupy 
a prominent place in later years. Vague ideas concerning 
the somewhat synonymous names of Acadia and Nova Scotia 
increased the difficulties of a settlement. On the west, 
claims of the neighboring province of New Hampshire gave 
rise to other boundary commissions which require an inspec- 
tion of the Gorges and Mason charters. 

The importance of public lands as an economic factor in 
the personal concerns of both Maine and Massachusetts is a 
subject which legislative documents exemplify. The " Mas- 
sachusetts School Fund " still derives a portion of its income 
from the sale of public lands in Maine. School and minis- 
terial funds were invariably provided for in grants by the 
Commonwealth to settlers. The usual arrangements were 
similar to those secured for such a purpose in the Bingham 
Deeds [CXV.J. One of these documents is inserted 
because it elucidates the principles by which townships were 
laid out in Maine ; it also explains the origin of the two 
extensive areas known as Bingham's Purchases. The various 
reports of Commissioners, appointed under the Act of Sep- 
aration to divide "in equal moities " the public lands 
belonging to the two States, are included for the benefit 
of those who wish to trace the history of townships 
[CXXXIIL-CXL.]. 

Certain public transactions suggest that eighteenth cen- 
tury legislation was not always in the line of the highest 
ideals of civic virtue, and indicate a change for the better 
Vol. 1. la 



XVllI INTRODUCTION. 

in ethical standards. In 1786, a gigantic land lottery was 
arranged by the Commonwealth of Massachusetts, for bring- 
ing money into the State treasury [CXII.]. Such ques- 
tionable methods of raising funds to carry on public works, 
or to endow institutions, the nineteenth century has stricken 
from the statute books. 

The study of civil government now occupies an important 
place in the curriculum of even a secondary school, and the 
formation of Good Citizenship clubs in many towns makes it 
desirable that opportunities should be afforded for the study 
of State papers. To a student in the history of American 
institutions all the steps in the formation of a sovereign 
State are no less interesting than important ; much space is 
therefore devoted to the various proceedings by which Maine 
arose from the rank of " District" to that of a separate and 
independent State. The documents connected with the Act 
of Separation alone are numerous, and relate not only to 
property, real and personal, but also to provisions for the 
two Indian tribes which are still wards of the State. As 
late as 1837 it was necessary to secure the consent of Mas- 
sachusetts in order that the Act of Separation could be so 
modified that greater freedom would be secured in the con- 
trol of ministerial and school funds. 

Interdependence of the two States is again exhibited 
during the Northeastern Boundary controversy. Personal 
interest on the part of Massachusetts in the disputed terri- 
tory was hardly of less moment than that of Maine, and on 
those grounds the cooperation of Massachusetts was solicited 
by the Twelfth Legislature of the State of Maine [CXLVII] . 
As an independent State the policy of Maine in settling 
public lands, and opening up the resources of the coun- 
try, is suggested by two interesting enactments [CLX., 
CLXL], which relate respectively to the construction of 
a great railway system, and the founding of the colony of 
New Sweden, in 1871. 



INTRODUCTION. XIX 

A docunienttiry work ati'onl.s au excellent opportunity for 
the stud}' of diplomacy. During several centuries there 
was hardly a ncjgotiation between England and European 
powers but had an inllucnce, direct or reflex, on Maine his- 
tory. In the cleaier light presented by State papers diplo- 
macy often appears as little else than intrigue, which the 
solemn introductions and formal conclusions of treaties but 
thinly disguise. Designations like " their High Mighti- 
nesses," " the most Christian King," and " the Lord Pro- 
tectoi' of the liepublic of EngUmd," are only surpassed by 
"James, by the Grace of God, King of England, Scotland, 
France and Ireland, Defender of the Faith," etc. As late 
as the Treaty of Paris, in 1783 [CX.], the long-extin- 
guished claim to France was preserved in the official title of 
English sovereigns no less punctiliously than " Defender of 
the Faith" — a privilege maintained alike by Protestants 
and Papists. 

Personal inspection of old documents is of itself an excel- 
lent object lesson in ancient usages. Several patents which 
were issued by the Great Council are now in the possession 
ot the Maine Historical Society, and the First Plymouth Pa- 
tent [VII.], as well as the New Plymouth, or "Warwick 
Patent" [XXI.], are readily accessible at Plymouth. 
The signatures and seals of Robert Warwick, the Puritan, 
and of the redoubtable Sir Ferdinando Gorges, make those 
personages more real. To see an ancient deed [LXVII.], 
with the outline across the top so "indented" that the tit- 
ting ot it to its counterpart would establish its validity, is 
a sufficient commentary on the original signification of the 
term " indenture." Comparison of state or official docu- 
ments, written by clerks in concise and even hand, with 
private letters from gentlemen of rank is convincing proof 
that many great men, like Hamlet, "once ditl hold it, as 
our statists do, a baseness to write fair." 



XX INTRODUCTION. 

If such sources are not available, the textual study of 
good secondary material has an educational value. Philol- 
ogy is enriched by a comparison of early texts with modern 
usage. The Great Patent of New England abounds in 
opportunities for word study. The meaning of " comfort " 
as a derivative from fortis is obvious from the context, 
" that it shall be lawful and free for all Princes to persecute 
with Hostility the said Offenders and every of their Procur- 
ers, Aiders Abettors and Comforters in that Behalfe " ; 
" undertaker" is removed from the j^rim significance ot our 
own times; an " adventurer" was not of necessity the reck- 
less personage these later years consider him, while a 
"planter" was not an agriculturist, but the promoter or 
founder of Colonial enterprise. The condition of the Eng- 
lish language in the seventeenth century is still further 
illustrated by ancient spelling with peculiar abbreviations 
and accent marks, as well as by methods of punctuation 
and capitalization which have grown obsolete. Apparent 
anachronisms are seen in the texts of royal charters to Sir 
William Alexander [IX., XIV., XVI.], which are contem- 
poraneous with grants by the Great Council ; the ditlerenee 
is explained by the fact that the less archaic form is a nine- 
teenth-century translation of the original Latin text. The 
English text of the Patent of Acadia [I.] is, however, an 
illustration of a seventeenth-century rendering of the orig- 
inal French. 

According to the somewhat liberal franchise of the Great 
Patent the tenure of early territorial rights was that of 
" soccage," or the plough [socca] , which, for personal secu- 
rity was preferable to " knight's service," otherwise des- 
ignated a per gladium comitatus, or sub capite. Charles 
Kingsley in " Hereward, the Last ot the English," and 
Conan Doyle in "The White Company," have revived 
"soccage" and "socman" from early times. Not only 



INTRODUCTION. XXI 

illustrations of feudal tenure, but methods of conveyance, 
are better un<lerstood b^' aid of grants and records 
Possession by "seisin," or "turf and twig" [XIV., 
XXXV., LXXXVI.] was the customary mode of \v<i-a\ 
transfer of property. A notal)le instance of the unique 
ceremonial was the " livery "by Worumbo at the Sagada- 
hoc, which was performed with all due regard to ancient 
custom. Range of geographical knowledge is indicated in 
numerous grants that confer territory from " sea to sea," 
and by the so-called charter of Canada which "disponed" 
to Sir William Alexander "all and sundry islands, lying 
within the said river Canada, from the said mouth and en- 
trance, up to the head, fountain and source thereof, wher- 
soever it be, or the lake whence it flows (which is thought 
to be towards the gulf of California, called the Vermilion 
sea), or within any other rivers," etc. . . . "and likewise 
all and sundry islands lying within the said Gulf of Cali- 
fornia ; as also and whole the lands and bounds adjacent to 
the said Gulf on the west and south, whether they be found 
a part of the continent or main land, or an island (as it is 
thought they are) which is comiiionly known and distin- 
guished by the name of California." The name of " Prov- 
ince of Maine " is tirst used in the grant to Gorges and 
Mason, 1622 [XI.] ; its origin is not diflScult to trace in 
the frequent use of maine as applied to " maine. land," 
and " along the main." 

Individual character is often revealed by a study of the 
sources. Documentary evidence alone shows that both in 
politics and religion Sir Charles La Tour was a trimmer 
between England on the one hand and France on the other 
[XLVIIL, LVl., LIX., LXIII.], while Colonel Tem- 
ple was uniformly loyal and so sincere that he was known 
as "honest Tom Temple." Such an estimate of these two 
commanders in Nova Scotia is corroborated by the " Calen- 
dar of State Papers." 



XXll INTRODUCTION. 

By all these means the true local color of England and 
America in the seventeenth century is perceived ; and 
through the atmosphere in which the makers of New Eng- 
land lived, Colonial history is studied in its true propor- 
tions. Reading between the lines, thoughts and purposes 
of that age of social, political and religious unrest are bet- 
ter understood, and it is easier to be tolerant of religious 
zeal so strangely tempered with a worldly prudence that 
the very document which sets forth the lofty design to con- 
vert the savages, makes hardly less apparent their hope of 
gain [II.] ; or with the " perusal " of the Massachusetts 
Charter [XVII.], which led to the incorporation of Maine 
into Massachusetts. 

Although the student, even in a Historical Seminary, 
cannot well have access directly to official documents now 
stored in that vast treasury of State papers, the new Rec- 
ord Office in London, or in the Depot de la Marine et Obl- 
onies in Paris, much valuable material has been carefully 
transcribed for Historical Societies, or published in Col- 
lections of State Documents. The work of such skilful 
copyists as Brodhead and Sainslniry, Pulsifer and Shurtleff, 
is hardly less authentic than the original, and more reliable 
than the copy of an amateur from archaic MSS. To tran- 
scrilie the seventeenth century chirography requires faithful 
apprenticeship and the habit of disciplined attention. 

Within reach of any student in the provincial history of 
Maine there are deposited within the State Archives all 
transactions relating to the separation of Maine from Mas- 
sachusetts, also copies of all transactions of the Land Office, 
and a transcript of the early records which were kept at 
York. Under the guardianship of the Maine Historical 
Society are rare papers which include carefully indexed 
volumes of MS. records of the Pejepscot and Kennebec 
Proprietors, the Gardiner and the Trelawny Papers ; a 



INTRODUCTION. XXIH 

series oi' ceiliticutcd dociiineiit.s in support of the Mason 
claims ; and papers used by Thomas Barclay, commissioner 
under the treaty of Ghent, besides a mass of correspondence 
and valuable individual [)apers. 

The history of the York Records is of especial interest. 
No trace has been found of the Commission to Sir Ferdi- 
nando Gorijes, but the rec(n'ds of his brief administration 
are the oldest that relate to any organized government in 
Maine. Those early records were made up of judicial, 
legislative and other transactions ; a separate registry of 
deeds was beiiun in 1G43. The Lease of Lands at Casco 
Bay [L.] was one of the earliest conveyances recorded 
by Roger Garde, the register of deeds, who also filled 
various offices in the province of Maine, at one time being 
the mayor of Agameuticus [York]. 

From the time when the province first came under the 
jurisdiction of Massachusetts until 1760, Yorkshire cm- 
braced the whole territory of Maine, and was the only place 
of registration. The " York Deeds" contain not only rec- 
ords of private conveyance, but grantees under the Great 
Council registered their " indentures" there to insure valid 
recognition of their claims. Muscongus Grant [XXIV.] 
and the Covenant of iNIadokawando with Governor Phi[)s 
[XCVL], were recorded together in 1721/2, and the 
Pemaquid Patent [XXXIV.] was not recorded until 1737, 
when rival claims under l)oth the Patent and the Brown 
Deed [XV.] were first contested. Registry of certain 
deeds of the territory in dispute, both at Suffolk and at 
Middlesex, show how active a conflict was aroused by the 
Drowne claimants at Pemaquid. 

Early records at York were kei)t on quires of paper which 
were stitched together, but were unbound; in 1731, the 
first volume had become so defaced that a transcript was 
made by the register, Joseph Moody, but the tattered original 



XXIV INTRODUCTION. 

is still preserved, and with it a quaiat index still tied 
as in olden time with a strip ot cloth. The other volumes 
are in excellent condition, and are open for consultation ; 
eleven volumes, as well as a volume of " Maine Wills," 
have been published under the direction of the Maine His- 
torical Society, assisted by the State. 

For years all the public records were deposited in the ell 
of a wooden house at York. Once during the Indian wars 
they were transferred to Massachusetts for safe keeping. 
En 1816, when the county seat was removed from York to 
Alfred, all the records were deposited in the hre-proof 
rooms provided for them. The special providence which 
has followed important manuscripts during so many defense- 
less years, when private malice or public intrigue often 
defeated rightful claims, which only recent discoveries have 
vindicated, proves that there are documentary romances 
quite as thrilling as those of individual lives. The finding 
of the long-lost Trelavvny Patent [XXX.] and the royal 
charter of New Hampshire are sufficient proofs of the fit- 
ness of such a parallel. 

The object of this introductory sketch on the value of 
woi'k from the sources, is to demonstrate that such a method 
of study is not only quite as interesting as from a detailed 
narration, but is more of an intellectual incentive. Per- 
sonal investigation teaches far more than appears on the 
surface; ])y such methods intelligent judgment in weighing 
evidence is acquired, imagination is awakened, and the mind 
is stimulated to explore new fields of research. 



DOCUMENTS RELATING 



Territorial History of Maine. 



I. 

EXTRACTS FROM THE PATENT OF ACADIA TO 
DE MONTS BY HENRY IV. OF FRANCE. 

November 8/18, 1603. 

Sources. 

The patent of Acadia granted ])y Henry IV. of France to 
De Monts, November 8/18, 1603, included all lands lying 
between tlie fortieth and the forty-sixth degrees of latitude. 
Under this commission the French estabhshed their first 
valid claims to lands within, or bordering upon, the State 
of Maine. 

The original patent, or a contemporary copy, is in the 
Bureau des Marines et Colonies in Paris. It was printed by 
Marc Lescarbot, " Histoire de la Nouvelle France" (Paris, 
1612), 433-439 ; and by the same author, " Nouvelle Edi- 
tion" (Paris, 1618) ; also by Edwin Tross, editeiw, a re- 
print of the first edition (Paris, 1866), II. 408-411. A 
transcript from Lescarbot is in the Massachusetts Archives 
under the rubric " Historical Documents, Collected in France 
for the Commonwealth," I. 443-445. Ben : Perley Poore, 
editor. 

The patent has been many times printed from Lescarbot ; 
by Ebenezer Hazard, " Historical Collections, Consisting of 
State Papers and Other Documents" (Philadelphia, 1792), 

I. 45-48 ; Memoires des Commissaires du Roi et ceux de 
sa Majesty Britanuique, sur les possessions et les droits 
respectifs des deux Couronnes en Amerique " (Paris, 1755), 

II. 441-445 ; and extracts are in Thomas C. Ilaliburton, 

Vol. I. 2 



2 DOCUMENTS RELATING TO THE 

'*An Historical and Statistical Account of Nova Scotia" 
(Halifax, 1829), I. Appendix 2, 203. 

An abstract of the first English translation is in Samuel 
Purchas, "His Pilgrimes " (London, 1625), IV. 1619-20; 
another translation is in William D. Williamson, " The 
History of the State of Maine " (Hallowell, 1832), I. Ap- 
pendix I. 651-654; also in William White, " A History of 
Belfast, with Introductory Remarks on Acadia " (Belfast, 
1827), Appendix I. 89-97. 

Both the French and the contemporary English transla- 
tions in British State Papers, Colonial Series, 1574-1621, 
Vol. I. No. 10, are in Charles W. Baird, "The Huguenot 
Emigration to America " (New York, 1885), I. 341-347, 
which is the text adopted for these extracts from the patent 
of Acadia. 

Text. 

Henery by the grace of God Kinge of ffrance and Navarre. 
To our cleare and welbeloved the Lord of Monts, one of the 
Ordinary Gentlemen of our Chamber, greetinge. As our 
greatest care and labour is, and hath alwaies beene, since 
our cominge to this Crowne, to maintaine and conserueitin 
the anntient dignity, greatnes and splendour thereof, to ex- 
tend and amplifie, as much as lawfully may bee done, the 
bounds and limitts of the same. Wee beinge of a long time 
informed of the situa^on and condi9on of the lands and ter- 
ritories of La Cadia, moved above all thinges with a singu- 
ler zeale, and devout and constant resolu^on w'='^ wee have 
taken with the helpe and assistance of God Authour Dis- 
tributour and Protectour of all Kingdomes and estates to 
cause the people w'^'' doe inhabite the countrey, men at this 
piite time barbarous. Atheists without faith or religion, to 
be conuerted to Christianity, and to the beliefe and profes- 
sion of our faith and religion, and to drawe them from the 
ignorance and vnbeliefe wherein they are, havinge also of a 
longe time knowen by the relagon of the Sea Captaines, 
Pylotts, Merchants and others, who of longe time have 



TERRITORIAL HISTORY OF MAINE. 3 

haunted, frequented, and trafficked with the people that are 
found in the said places, how fruitfull, commodious, and 
profitable may bee with vs, to our estates and subiects, the 
dwellinge possession and habitagon of those countries, for 
the great and apparant profit w'^'' may bee drawen by the 
greater frequenta9on and habitude w'^'' may l)o had with the 
people that are found there, and the Trafficke and commerce 
w'^'' may bee, by that means safely treated and negotiated. 
Wee then for these causes fully trustinge on your great 
wisedome, and in the knowledge and experience that you 
have of the qualitie, condicon and situa^on of the said coun- 
trie of La Cadia : for the divers and sundry navigarons, 
voyages, and frequentaoons that you have made into those 
parts and others neere and borderinge vpon it. Assuringe 
our selues that this our resolu9on and intention, beinge com- 
mitted vnto you, you will attentively, diligently, and no less 
couragiously and valorously execute and bring to such per- 
feccon as wee desire : Have expressly appointed and estab- 
lished you, and by these presents signed with our owne 
hands, doe committ, ordaine, make, constitute and establish 
you, our Lievtenant generall, for to represent our person in 
the countries, territories, coasts, and confines of La Cadia. 
To begin from the 40 degree to the 46. And in the same 
distance, or part of it, as farre as may bee done, to establish, 
extend, and make to bee knovven our name, might and 
authoritie. And vnder the same to subiect, submitt and 
bringe to obedience all the people of the said land and the 
borderers thereof: And by the meanes thereof and all law- 
full waies, to call, make, instruct, provoke and incite them 
to the knowledge of god, and to the light of the faith and 
Christian religion, to establish it there : And in the exercise 
and profession of the same, keepe and conserue the said 
people, and all other inhabitants in the said places, and 
there to commauud in peace, rest and tranquillity as well by 



4 DOCUMENTS RELATING TO THE 

sea, as by land : to ordaine, decide and cause to be executed 
all that w'^'^ you shall iudge fitt and necessary to bee done, 
for to maintaine, keepe and conserue the said places vnder 
our power & authority by the formes, waies and meanes 
prescribed by our lawes. And for to have there a care of 
the same with you to appoint, establish and constitute all 
Officers, as well in the atfaires of warre, as for Justice and 
policie, for the tirst time, and from thence forward to name 
and present them vnto vs, for to bee disposed by vs, and to 
give Ires, titles, and such provisoes, as shalbee necessarie. 
And accordinge to the occurrences of affaires your selfe with 
the aduice of wise, and capable men, to prescribe vnder our 
good pleasure, lawes, statutes, and ordinances conformable, 
asmuch as may be possible, vnto ours, specially in thinges 
and matters that are not provided by them. To treate and 
contract to the same effect, peace, alliance, and confederacy, 
good amity correspondency, and communica9on with the 
said people and their princes, or others, havinge power or 
commaund over them : To entertaine, keepe and carefully to 
obserue, the treatises, and alliances wherein you shall cove- 
nant with them ; upon condicon that they themselves per- 
forme the same of their part. And for wont thereof to make 
open warre against them, to constraine and bring them to 
such reason as you shall think needful!, for the honour, 
obedience and service of god, and establishment, mainte- 
nance and conseruaQon of our said authoritie amongst them : 
at least to haunt and frequent by you, and all our subiects 
with them, in all assurance, libertie, frequentacou, and com- 
munica9on there to negotiate and trafficke lovingly and 
peaceably. To give and graunt vnto them fovours, and 
priviledges, charges and honours, w^"^ intire power above- 
said, we will likewise and ordaine, that you have over all 
our said subiects that will goe in that voyage with you and 
inhabite there, trafficke, negogiate and remaine in the said 



TERRITORIAL HISTORY OF MAINE. 5 

places, to retaine, take, leserue, and appropriate vnto you, 
what you will and shall see to bee most commodious for you, 
and proper for your charge, qualitie and vse of the said 
lands, to distribute such parts and por9ons thereof, to give 
and attribute vnto them such titles, honors, rights, powers 
and faculties as you shall see necessary, accordinge to the 
qualities, condi^ons and meritts of the persons of the same 
Countric or others. Chiefly to populate, to manure, and to 
make the said lands to be inhabited as spedily, carefully, 
and skillfully, as time, places and commodities may permitt : 
To make thereof, or cause to be made to that end, discoverie 
and view alonge the maritime Coasts and other Countries of 
the maine land, w*=^ you shall order and prescribe in the 
foresaid space 0/ the 40 degree to the 46 degree or otherwise^ 
asmuch and as farre as maybee alonge the said Coast, and in 
the firme land. To make carefully to be sovght and 
marked all sorts of mines of gold and siluer, copper, and 
other Metalls and Mineralls, to make them to be digged, 
drawne from the earth, purified, and refined for to bee con- 
uerted into vse, to dispose accordinge as wee have pre- 
scribed by Edicts and orders, w*''' wee have made in this 
Realme of the profitt and benefitt of them, by you or them 
by whom you shall establish to that effect, reseruinge vnto 
vs only the tenth peny, of that w'='' shall issue from them of 
gold, silver and copper, leavingo vnto you that w'*' wee 
might take of the other said Metalls and Mineralls, for to 
aide and ease you in the great expenses that the foresaid 

charge may bringe vnto you ; 

And to the end no body may })retend cause of 
ignorance, of this our intention, and to l)usie himself in all, 
or in parte of the charge, dignitie, and authoritie w*^'' wee 
give vnto you by these presents : We have of our certain 
knowledge, full power, and rogall authoritie, revoked, sup- 
pressed and declared voide, and of none ctlect hereafter and 



6 DOCUMENTS RELATING TO THE 

from the present and all other powers and Comissions, 
Itres and expedi^ons given and delivered to any person 
soeuer, for to discover, people and inhabite in the aforesaid 
extension of the said lands scituated from the said 40 deg-ree 
to the 46, whatsoever they bee. And furthermore wee 
command and ordaine all our said officers of what qualitie 
and condi90u soever they bee, that after these pnts or the 
duplicate of them shallbee duely examined by one of our be- 
loved and trustie Counsellors, Notaries, and Secretaries, or 
other Notarie Royall, they doe vpon our request, demaund, 
and sute, or vpon the sute of any our Atturneys, cause the 
same to be read, published, and recorded in the records of 
their iurisdic9ons, powers, and precincts, seekinge, as m [u]ch 
as shall apperteine vnto them, to quiet and appease all 
troubles and hinderance w'^'^ may contradict the same. fFor 
such is our pleasure. Given at ffountain-bleau the 8 day of 
November: in the yeare of our Lord 1603: And of our 
Raigne the 15. signed Henery : and vnderneath, by the 
Kinge, Potier ; And sealed upon single labell with yellow 
Avaxe. 



II. 

EXTRACTS FROM THE FIRST CHARTER OF VIRGINIA 
BY JAMES I. OF ENGLAND. ■ 

April 10/20, 1606. 

Sources. 

By the First Charter of Virginia, given by James I., 
April 10/20, 1606, provision was made for two distinct 
companies with separate powers and government. The sec- 
ond, or Northern Company, established English territorial 
rights to the region bordering on the Gulf of Maine. 



TERRITORIAL HISTORY OF MAINE. 7 

An extract from the charter was first printed by Samuel 
Purchas, "His Pilgrimcs " (London, 1G25), IV. 1683-84. 

It was first printed entire by William Stith, " History ol" 
Virginia " (Williamsburg, 1747), 1-8. As Stith had access 
to the records of the Virginia Company his transcript was 
undoubtedly from the original document. Extracts l)oth in 
Knjilish and French from the original arc in " Memoires des 
Commissaires du Koi et ceux de sa Majeste Britannique " 
(Paris, 1755), II. 185-192; also in "Memorials of the 
English and French Commissaries Concerning the Limits of 
Nova Scotia or Acadia" (London, 1755), I. 545-552. The 
charter is also found in John Almon, "The Charters of the 
British Colonies in America" (London, 1775), 67-75; 
Ebenezer Hazard, " Historical Collections, Consisting of 
State Papers and Other Documents" (Philadephia, 1792), 
I. 51-58 ; Ben : Perley Poore, " The Federal and State 
Constitutions, Colonial Charters and Other Organic Laws of 
the United States" (Washington, 1877), 1888-93; John 
Alfred Poor, "A Vindication of the Claims of Sir Ferdi- 
nando Gorges" (New York, 1862), Appendix A, 93-97; 
Howard W. Preston, "Documents Illustrative of American 
History with Introduction and References, 1606-1863 " 
(New York, 1886), 2-13; and Alexander Brown, "The 
Genesis of the United States" (Boston and New York, 
1890), I. 52-63. The text adopted is from Stith's transcript. 

Text. 

I. JAMES, by the Grace of God, King of England, 
Scotland, France and Ireland, Defenders of the Faith, cf'c. 
Whereas our loving and well-disposed Subjects, Sir 
Thomas Grates, and Sir George Somers, Knights, JRichard 
Hackluit, Clerk, Prebendary of Westminster, and Edicard- 
^[aria Wingfield, Thomas Haiiham, and Haleigh Gilbert, 
Esqrs. William Parker, and George PopJiam, Gentleman, 
and divers others of our l6ving Subjects, have been humble 
suiters unto us, that we would vouchsafe unto them our 
Licence, to make Habitation, Plantation, and to deduce a 
Colony of sundry of our People into that Part oi America, 
commonly called Virginia, and other Parts and Territories 



8 DOCUMENTS RELATING TO THE 

in America, either appertaining unto us, or which are not 
now actually possessed by any Christian Prince or People, 
situate, lying, and being all along the Sea Coasts, between 
four and thirty Degrees of Northerly Latitude from the 
Equinoctial Line, and five and forty Degrees of the same 
Latitude, and in the main Land between the same four and 
thirty and five and forty Degrees, and the Islands there- 
unto adjacent, or within one hundred Miles of the Coast 
thereof; 

II. And to that end, and for the more speedy Accom- 
plishment of the said intended Plantation and Habitation 
there, are desirous to divide themselves into two several 
Colonies and Companies ; the one consisting of certain 
Knights, Gentlemen, Merchants and other Adventurers, of 
our City of London, and elsewhere, which are, and from 
time to time, joined unto them, which do desire to begin 
their Plantation and Habitation in some fit and convenient 
Place, between four and thirty and one and forty Degrees 
of the said Latitude, alongst the Coasts of Virginia and 
Coasts oi America aforesaid; And the other consisting of 
sundry Knights, Gentlemen, Merchants, and other Adven- 
turers, of our Cities of Bristol and Exeter, and of our 
Town of Plimouth, and of other Places, which do join 
themselves unto that Colony, which do desire to begin their 
Plantation and Habitation in some fit and convenient Place, 
between eight and thirty Degrees and five and forty Degrees 
of the said Latitude, all alongst the said Coast of Virginia 
and America, as that Coast lyeth : 

III. We, greatly commending, and graciously accepting 
of, their Desires for the Furtherance of so noble a Work, 
which may, by the Providence of Almighty God, hereafter 
tend to the Glory of his Divine Majesty, in propagating of 
Christian Religion to such People, as yet live in Darkness 
and miserable Ignorance of the true Knowledge and 



TERRITORIAL HISTORY OF MAINE. 9 

Worship of God, and may in time bring the Infidels and 
Savages, living in those Parts, to human Civility, and to a 
settled and quiet Government ; DO, by these our Letters 
Patents, graciously accept of, and agree to, their humble 
and well intended Desires : 

IV. And do therefore, for Us, our Heirs, and Succes- 
sors, GRANT and agree, that the said Sir Thomas Gates, 
Sir George Somers, Hichard IlacMuit, and Edivard-Maria 
Wingjield, Adventurers of and for our City of London, 
and all such others, as are, or shall be, joined unto them of 
that Colony, shall be called the first Colony; And the}' 
shall and may begin their said first Plantation and Habita- 
tion, at any Place upon the said Coast of Virginia or Amer- 
ica, where they shall think fit and convenient, between the 
said four and thirty and one and forty Degrees of the said 
Latitude ; And that they shall have all the Lands, Woods, 
Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, 
Marshes, Waters, Fishings, Commodities, and Heredita- 
ments, whatsoever, from the said first Seat of their Planta- 
tion and Habitation by the Space of fifty ]Miles of English 
Statute Measure, all along the said Coast of Virginia and 
America, towards the West and Southivest, as the Coast 
lyeth, with all the Islands within one hundred Miles directly 
over against the same Sea Coast; And also all the Lands, 
Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, 
Woods, Waters, Marshes, Fishings, Commodities, and 
Hereditaments, whatsoever, from the said Place of their 
first Plantation and Habitation for the space of fifty like 
English Miles, all alongst the said Coast of Virginia and 
America, towards the East and JVbrtheast, or towards the 
North, as the Coast lyeth, together with all the IshuKN 
within one hundred Miles, directly over against the said 
Sea Coast; and also all the Lands, Woods, Soil, Grounds, 
Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, 



10 DOCUMENTS RELATING TO THE 

Fishings, Commodities, and Hereditaments, whatsoever, 
from the same fifty Miles every way on the Sea Coast, di- 
rectly into the main Land by the space of one hundred like 
English Miles ; And shall and may inhabit and remain 
there ; and shall and may also build and fortify within any 
the same, for their better Safeguard and Defence, according 
to their best Discretion, and the Discretion of the Council 
of that Colony ; and that no other of our Subjects shall be 
permitted, or suffered, to plant or inhabit behind, or on the 
Backside of them, towards the main Land, without the 
Express Licence or Consent of the Council of that Colony, 
thereunto in Writing first had and obtained. 

V. And we do likewise, for Us our Heirs, and Success- 
ors, by these Presents, Grant and agree, that the said 
Thomas Hanham, ^nA Raleigh Gilbert, William Parker, and 
George Popham, and all others of the Town of Plimouth, 
in the County oi Devon, or elsewhere, which are or shall be, 
joined unto them of that Colony, shall be called the second 
Colony ; and that they shall and may begin their said Plan- 
tation and Seat of their first Abode and Habitation, at any 
Place upon the said Coast of Virginia and America, where 
they shall think fit and convenient, between eight and thirty 
Degrees of the said Latitude, and five and forty Degrees of 
the same Latitude ; And that they shall have all the Lands, 
Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, 
Woods, Marshes, Waters, Fishings, Commodities, and 
Hereditaments, whatsoever, from the first Seat of their 
Plantation and Habitation, by the space of fifty like English 
Miles, as is aforesaid all alongst the said Coast of Virginia 
and America, towards the West and Southwest, or towards 
the South, as the Coast lyeth, and all the Islands within 
one hundred Miles, directly over against the said Sea Coast ; 
And also all the Lands, Soils, Grounds, Havens, Ports, Riv- 
ers, Mines, Minerals, Woods, Marshes, Waters, Fishings, 



TERRITORIAL HISTORY OF MAINE. 11 

Commodities, and Hereditaments, whatsoever, from the 
said Phicc of their first Plantation and Hal)itation for the 
Space of fifty like Miles, all alongst the Said Coast of Vir- 
(jinia and America, towards the East and JVbrtheast, or 
towards the North, as the Coast lyeth, and all the Islands 
also within one hundred Miles directly over against the 
same Sea Coast ; And also all the Lands, Soils, Grounds, 
Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, 
Waters, Fishings, Commodities, and Hereditaments, what- 
soever, from the same fifty Miles every way on the Sea 
Coast, directly into the main Land, by the space of one 
hundred like Englisli Miles ; And shall and may inhabit 
and remain there ; and shall and may also Iniild and fortify 
within any the same for their better Safeguard, according 
to their best Discretion, and the Discretion of the Council 
of that Colony ; And that none of our Subjects shall be 
permitted, or suffered, to plant or inhabit behind, or on the 
Back of them, towards the main Land, without the express 
Licence of the Council of that Colony, in writing thereunto 
first had and obtained. 

VI. Provided always, and our will and Pleasure herein 
is, that the Plantation and Habitation of such of the said 
Colonies, as shall last plant themselves, as aforesaid, shall 
not be made within one hundred like Englislt Miles of the 
other of them, that first began to make their Plantation, as 
aforesaid. 

And moreover, we do Grant and agree, for Us, our Heirs 
and Successors ; that the said several Councils of and for the 
said several Colonics, shall and lawfully may, by Virtue hereof, 
from time to time, without any Interruption of Us, our 
Heirs or Successors, give and take Order, to dig mine, and 
search for all Manner of Mines of Gold, Silver, and Copper, 
as well within any Part of their said several Colonies, as 



12 DOCUMENTS RELATING TO THE 

of the said main Lands on the Backside of the same Colonies ; 
And to Have and enjoy the Gold, Silver and Copper, to 
be gotten thereof, to the Use and Behoof of the same 
Colonies, and the Plantations thereof; Yielding therefore 
to Us, our Heirs and Successors, the fifth Part only of all 
the same Gold and Silver, and the fifteenth Part of all the 
same Copper, to be gotten or had, as is aforesaid, without 
any other Manner of Profit or Account, to be given or 
yielded to Us, our Heirs, or Successors, for or in Respect 
of the same. 

And that they shall, or lawfully may, establish and cause 
to be made a Coin, to pass current there between the peo- 
ple of those several Colonies, for the mere Use and Traffick 
and Bargaininoj between and amongst them and the Natives 
there, of such Metal, and in such Manner and Form, as the 
said several Councils there shall limit and appoint. 



HI. 

GRANT OF EXCLUSIVE TRADE TO NEW NETHER- 
LAND BY THE STATES GENERAL OF THE 
UNITED NETHERLANDS. 

October 11/21, 1614. 

Sources. 

The Grant of Exclusive Trade to New Netherland, Octo- 
ber 11/21, 1614, by the States General of the United 
Netherlands is found in E. B. O'Callaghan, editor, " Docu- 
ments Relating to the Colonial History of the State of New 
York" (Albany, 1853-87), I. 11, 12, among papers col- 
lected by John Romeyn Brodhead from the Royal Archives 
at The Hague and translated by Dr. O'Callaghan. The 



TERRITORIAL HISTORY OF MAINE. 13 

source used by Mr. Brodheiid is the minute on a half-sheet 
of paper, "File, Loopcnde." A duplicate document from 
the " Act Book of the States General" is also in the Royal 
Archives. 

An extract is given by Albert Bushnell Hart and Edward 
Channing, "American History Leaflets," No. 16; also in 
" Report of the Regents of the University on the Boundaries 
of the State of New York" (Albany, 1874), 5, 6. 

The limits assigned to the company of traders extended 
to the forty-iifth degree of latitude, which crosses the State 
of Maine from Passamaquoddy Bay westwards to a point 
above the Rangeley Lakes. 

Earlier Resolutions from "Their High Mightinesses" 
" orranting and allowing that the Petitioners alone have the 
right to resort to, or cause to be frequented the aforesaid 
newly discovered countries situate in America between New 
France and Virginia " with " Figurative Maps " are found in 
both the above named collections. 



Text. 

The States General of the United Netherlands to all 
to whom these presents shall come, Greeting, Whereas 
Gerrit Jacobz Witssen, antient Burgomaster of the City 
Amsterdam, Jonas Witssen, Simon Morrissen, owners of 
the Ship named the Little Fox whereof Jan de With has 
been Skipper ; Hans Hongers, Paulus Pelgrom, Lambrecht 
van Tweenhuyzen, owners of the two ships named the Tiger 
and the Fortune, whereof Aedriaen Block and Henrick 
Corstiaenssen were Skippers ; Arnolt van Lybergen, Wessel 
Schenck, Hans Claessen, and Berent Sweertssen, owners of 
the Ship named the Nightingale, whereof Thys Volckertssen 
was Skipper, Merchants of the aforesaid City Amsterdam, 
and Pieter Clcmcntssen Bronwer, Jan Clementssen Kies, 
and Cornells Volckertssen, Merchants of the City ofHoorn, 
owners of the Ship named the Fortuyn, whereof Cornelis 
Jacobsscn May was Skipper, all now associated in one 
Company, have respectfully represented to us, that they, 



14 DOCUMENTS RELATING TO THE 

the petitioners, after great expenses and damages by loss of 
ships and other dangers, had, during the present year, dis- 
covered and found with the above named five ships, certain 
New Lands situate in America, between New France and 
Virginia, the Sea coast whereof lie between forty and forty 
five degrees of Latitude, and now called New Netherland : 
And whereas We did, in the month of March last, for the 
promotion and increase of Commerce, cause to be published 
a certain General Consent and Charter setting forth, that 
whosoever should thereafter discover new havens, lands, 
places or passages, might frequent or cause to be fre- 
quented, for four voyages, such newly discovered and found 
places, passages, havens or lands, to the exclusion of all 
others from visiting or frequenting the same from the United 
Netherlands, until the said first discoverers and finders 
shall, themselves, have completed the said four Voyages, or 
cause the same to be done within the time prescribed for 
that purpose, under the penalties expressed in the said Oc- 
troy, &c. they request that we would accord to them due 
Act of the aforesaid Octroy in the usual form : 

Which, being considered. We, therefore, in our Assembl}^ 
having heard the pertinent Report of the Petitioners, rela- 
tive to the discoveries and finding of the said new Countries 
between the above named limits and degrees, and also of 
their adventures, have consented and granted, and by these 
presents do consent and grant, to the said Petitioners now 
united into one Company, that they shall be privileged ex- 
clusively to frequent or cause to be visited, the above newly 
discovered lands, situate in America between New France 
and Virginia, whereof the Sea coasts lie between the fortieth 
and forty fifth degrees of Latitude, now named New Nether- 
land, as can be seen by a Figurative Map hereunto annexed, 
and that for four Voyages within the term of three Years, 
commencing the first of January, Sixteen hundred and 



TERRITORIAL HISTORY OF MAINE. 15 

fifteen next ensuing, or sooner, without it being permitted to 
any other person from the United Netherlands, to sail to, 
navigate or frecjuent the said newly discovered lands, havens 
or places, either directly or indirectly, within the said three 
Years, on pain of Confiscation of the vessel and Cargo 
wherewith infraction hereof shall he attempted, and a fine 
of Fifty thousand Netherland Ducats for the benefit of said 
discoverers or finders ; provided nevertheless, that by these 
presents We do not intend to prejudice or diminish any of 
our former giants or charters ; And it is also Our intention, 
that if any disputes or differences arise from these Our 
Concessions, they shall be decided by Ourselves. 

We therefore expressly command all Governors, Justices, 
OflBcers, Magistrates and inhabitants of the aforesaid United 
Countries, that they allow the said Company peaceably and 
quietly to enjoy the whole benefit of this Our Grant and 
consent, ceasing all contradictions and obstacles to the con- 
trary. For such we have found to appertain to the public 
service. Given under Our Seal, paraple and signature of 
our Secretary at the Hague the XP'' of October 1614. 



IV. 

PETITION FOR A CHARTER OF NEW ENGLAND BY 
THE NORTHERN COMPANY OF ADVENTURERS. 

March 3/13, 1619/20. 

Sources. 

The petition to James I. by the Northern Company of 
" Adventurers for settling Colonies in Virginia " for a char- 
ter of "New England" is preserved among the "Trade 



16 DOCUMENTS RELATING TO THE 

Papers " now lodged in the Public Record Office, Fetter 
Lane, London. 

The text adopted is Brodhead's certified transcript from 
the original for Edmund Bailey O'Callaghan, editor, " Docu- 
ments Relating to the Colonial History of the State of New 
York" (Albany, 1853-87), III. 2-4. The petition has also 
been published by John Alfred Poor, "A Vindication of 
the Claims of Sir Ferdinaudo Gorges" (New York, 1862), 
Appendix D, 108, 109. 



Text. 

To the Kinges most Excellent Majestic. 

The most humble peticon of yo"" Ma"*^* counsell for the 
second colonic, and other the adventurers in the Western 
partes of England for the plantacon in the North Partes of 
Virginia in America 

Maye it please yd'' most Excellent Majestie, 

Whereas it pleased yo'' Ma"® by 3^0'" most gratious L""" 
patentes bearing date the of Aprill in the fowerth 

yeare of yo'' Mat'"^ most blessed raigne to give lycence for 
the establishinge of two Colonies in Virginie in America, 
the one called the First Colonic undertaken by certaine no- 
ble men knightes and merchants about Loudon ; the other 
caled the Second Colonic likewise undertaken by certaine 
knightes and merchants of the western partes ; by vertue 
whereof some of the western partes hath at their great 
charg and extreme hazard continewed to endeavour to des- 
cov"^ a place fitt to entertaine such a designe, as also to find 
the meanes to bring to passe soe noble a worke : in the con- 
stant pursuite whereof it hath pleased God to aj^de them 
w"^ his blessing soe far as, in the confidence of the contin- 
ewance of His Grace, they are resolved to pursue the same 
with all the power and meanes they are able to make, to 
His glorie, yo'' ma"®^ honour and the publique good of the 
country e. 



TERRITORIAL HISTORY OF MAINE. 17 

And as it pleased yo"^ ma"" to be gratious to those of the 
first colon ie in enhuginge of the first patent two seav''all 
times with many ])rivileges & immunities according to yo' 
princely bountye, whereby they have bin incouraged in 
their proceedingcs : Yo"" Pcticoners doe in all humillitie de- 
sire that yo'' Ma"* will voutchsafe unto them the like, that 
they maye w"' more boldnes goe on as they have begun, to 
the satisfaction of yo"" Ma'"^' most religious expectacon, w'" 
the alteracon onely of some few things & the additions here 
insueing. 

First, that the territories where yo"" peticoners makes 
their plantacon may be caled (as by the Prince His High- 
nes it hath bin named) New England, that the boundes 
thereof may l:»e setled from 40 to 45 degrees of Northerly 
latitude & soe from sea to sea through the maine as the 
coast lyeth, & that yo"" Ma'' counsell residing here in Eng- 
land for that plantacon may consist of a President, Vicpres- 
ident, Treasurer, Secretary & other their associates, to be 
chosen out of the noble men & knights adventurers home 
about Loudon, & others the adventurers both knightes gen- 
tlemen and merchants in the western couutryes : Soe as the 
said counsell doe not exceede the number of 40, who as one 
incorporate bodye maye as often as neede requires be assem- 
bled when and where the P'sident or Vicp'sident, w"* the 
Treasurer and Secretary or any two of them, to be assisted w*** 
five or three others of the counsell shall think most conven- 
ient for that service ; wherby yo'' ma^ most humble peticon- 
ers doth verily hope, by Gods holy assistance to settle their 
plantacon to the imployeing of many of yo' Ma*' Subjects 
and the content of all that are well disposed to the prosper- 
itie of yo"" Ma*" most happie raigne. 

And soe yo' Ma*' most humble peticoners shalbe bownd 
(as in duty they are) to pray for all increase of glory & 
perpetuall happiness to yo' Ma"« blessed posteritie for ever. 
Vol. I. 3 



18 DOCUMENTS RKLATING TO THE 

March 3, 1619. Upon readeinge of this peticon, their 
Lips, did order that the Lo. Duke of Lenox, Lo. Steward 
of his Ma*"* Household, and the Earle of Arundell shall take 
notice of the peticon, consider of the demands for privi- 
ledges, and thereupon certefie their opinions to their Lips, 
that such further order may be taken as shalbe meete. 

(Signed) 

C. Edmonds. 



WARRANT FOR THE PATENT OF NEW ENGLAND BY 
JAMES I. OF ENGLAND. 

July 23 1620. 
August 2 

Sources. 

For the warrant by James I., August f 1620, to prepare a 
patent for the Northern Company of Virginia, a judicial 
copy is, according to Brodhead, in Council Register, Jac. 1. 
R. 161«-20, IV. 576, now in the Public Record Office, 
London. 

The warrant was first printed by Sir Ferdinando Gorges, 
"ABriefe Narration" (London, 1658), 21, from which 
source it was reprinted by Ebenezer Hazard, " Historical 
Collections, Consisting of State Papers and Other Docu- 
ments " (Philadelphia, 1792), I. 99, and by John Alfred 
Poor, ** A Vindication of the Claims of Sir Ferdinando 
Gorges" (New York, 1862), Appendix D, 109. 

The text adopted is Brodhead's transcript from the judi- 
cial copy printed in Edmund Bailey O'Callaghau, editor, 
" Documents Relating to the Colonial History of New York, 
procured in Holland, England, and France " (Albany 1853- 
87), III. 2-4. 



TERRITORIAL HISTORY OF MAINE. 19 

Text. 

At Whitehall the 23 July 1620 Present.— 
Lo. Chancellor Lo. Digby 

Lo. Privy Scale M"" Coraptroler 

E. of Arundell M"" Sec^ Naunton 

E. of Southampton M"" Sec^ Calvert 

Lo. fip of Wintoii M"- of the Roles 

M' of the Wardes. 

A Lef to Sir Thomas Coventrte, Knight, his majes So- 
licitor General. 

Whereas it is thought fitt that a Patent of Incorporation 
be granted to the Adventurers of the Northern coUonye in 
Virginia to containe the like liberties priviledges, power, 
authorities, Landcs, and all other thinges within their 
lymitts viz' betweene the degrees of 40 and 48 as were here- 
tofore granted to the conipanie of Virginia, Excepting only 
that whereas the said corapanie have a freedom of custome 
and subsidie for XXI yeare, and of impositions for ever, 
this new companie is to be free of custome and subsidie tor 
the like term of yeares, and of Impositions for so long tyme 
as his ma*'^ shall be pleased to grant unto them. 

These shal be theretofore to will and require you to pre- 
pare a Patent readie for his Ma'*' royall signature, to the 
purpose aforesaid, leavinge a blanke for the tyme of free- 
dom from Impositions to be supplied and put in by his Ma"* 
and for which this shall be your Warrant. Dated, &c. 



20 DOCUMENTS RELATING TO THE 



VI. 

GREAT PATENT OF NEW ENGLAND BY JAMES I. OF 

ENGLAND. 

NoVExMBER 3/13, 1620. 

Sources. 

The Great Patent of New England was issued by James 
I. of England to the "Council established at Plymouth in 
the County of Devon, for the planting, ruling, ordering and 
governing of New England in America." By this grant the 
Northern, or Plymouth Company, was placed on an equal 
footing with the Virginia Company which had been reincor- 
porated in 1()09, and, with enlarged boundaries in 1612. 
The privileges of the Northern Company under the new 
patent were of a liberal kind, with a tenure "in free and 
common soccage, and not in capite, nor by knight's service." 
Not only were so many of the grants issued by the Great 
Council for New England modeled after the provisions of 
the patent of 1620, but many land titles in Maine were de- 
rived from that source. It is printed entire in this compen- 
dium. The name of New England which was officially 
given to the country by the patent was tirst applied by 
Captain John Smith in " A Description of a Voyage into 
New England" (London, 1616). 

The grantor's copy is in the Public Record Office, Fetter 
Lane, London ; it is simply an unattested copy of the words 
of the patent. The earliest published text, which is the 
source adopted for this reprint, is that of Ebenezer Hazard, 
" Historical Collections, Consisting of State Papers and 
Other Documents" (Philadelphia, 1792), I. 103-118. Ben- 
jamin Trumbull, "Complete History of Connecticut " (New 
Haven, 1818), I. Appendix XXVI, 546-567, gives an 
authentic copy of the patent, which he says was " never be- 
fore published in America," although Hazard had alread}'' 
printed it from the grantor's copy then in the " Chapel of 
the Rolls." 



TERRITORIAL HISTORY OF MAINE. 21 

The document was also printed from the same source by 
John A. Poor, " A Vindication of the CMaims of Sir Ferdi- 
nando Gor^res " (New York, 18G2) ; and hy Francis Baylies, 
" An Historical Memoir of the Colony of New Plymouth" 
(Boston, 18(36), I. 1()0-185; a.irain by William T. Davis, 
" A History of the Town of Plymouth, with a Sketch of 
the Origin and Giowth of Sei)aratism " (Philadelphia, 
1885), Appendix V. 137-145. It is also in Ben : Perley 
Poore, " 'J'he F'ederal and State Constitutions, Colonial 
Charters and Other Oriranic Laws of the United States" 
(Washington, 1877), i)22-931. 

Text. 

Sexta decima Pars Paten de Anno JRegni J a,coh\, Angliae&c. 

Decinio Octavo. 
D. Con. Ludovico Duel Lenox, et al. Consiliar de 
PlymoufJi, Con neiv Colon de Newe-England, sibi et Succes- 
sorih. JAMES by the Grace of God, King of England, 
Scotland, France, and Ireland, Defender of the Faith, &c. 
to all whom these Presents shall come, Greeting, whereas, 
upon the humble Petition of divers of our well disposed 
Subjects, that intended to make several Plantations in the 
Parts of America, between the Degrees of thirty-lfoure and 
fiourty-five ; We according to our princel}^ Inclination, 
favouring much their worthy Disposition, in Hope thereby 
to advance the in Largement of Christian Religion, to the 
Glory of God Almighty, as also by that Means to streatch 
out the Bounds of our Dominions, and to replenish those 
Deserts with People governed by Lawes and Magistrates, 
for the peaceable Commerce of all, that in time to come 
shall have occasion to traffique into those Territoryes, 
granted unto Sir TJiomas Gates, Sir George Somers, 
Knights, Thomas Humon, and Italeigh Gilbert, Esquires, 
and of their Associates, for the more speedy Accomplish- 
ment thereof, by our Letters-Pattcnt, bearing Date the 
Tenth Day of Aprill, in the Fourth Year of our Keign of 



22 DOCUMENTS RELATING TO THE 

England, France, and Ireland, and of Scotland the ffour- 
tieth, free Liberty to divide themselves into two several 
Collonyes ; the one called the first Collonye, to be under- 
taken and advanced by certain Knights, Gentlemen, and 
Merchants, in and about our Cyty of London ; the other 
called the second Collonye, to be undertaken and advanced 
by certaine Knights, Gentlemen, and Merchants, and their 
Associates, in and about our Citties of Bristol, Exon, and 
our Towne of Plymouth, and other Places, as in and by our 
said Letters-Pattents, amongst other Things more att lar^e 
it doth and may appeare. And whereas, since that Time, 
upon the humble Petition of the said Adventurers and 
Planters of the said first Collonye, We have been graciously 
pleased to make them one distinct and entire Body by 
themselves, giving unto them their distinct Lymitts and 
Bounds, and have upon their like humble Request, granted 
unto them divers Liberties, Priveliges, Enlargements, and 
Immunityes, as in and by our severall Letters-Patents it 
doth and may appeare. Now forasmuch as we have been 
in like manner humbly petitioned unto by our trusty and 
well beloved Servant, 'S'w fferdinando (ro^'^/es. Knight, Cap- 
tain of our ffbrt and Island by Plymouth, and by certain 
the principal Knights and Gentlemen Adventurers of the 
said Second Collonye, and by divers other Persons of qual- 
ity, who now intend to be their Associates, divers of which 
have been at great and extraordinary Charge, and sustained 
many Losses in seeking and discovering a Place fitt and 
convenient to lay the Foundation of a hopeful Plantation, 
and have divers Years past by God's Assistance, and their 
own Endeavours, taken actual Possession of the Continent 
hereafter mentioned, in our Name and to our Use, as Sov- 
ereign Lord thereof, and have settled already some of our 
People in Places agreeable to their Desires in those Parts, 
and in confidence of prosperous Success therein, by the 



TERRITORIAL HISTORY OF MAINE. 23 

Continuance of God's Devine Blessing, and our Royall Per- 
mission, have resolved in a more plentifull and eflectual 
manner to prosecute the same, and to that Purpose and In- 
tent have desired of Us, for their l)etter Encouragement 
and Satisfaction herein, and that they may avoide all Confu- 
sion, Questions, or Differences between themselves, and 
those of the said first Collonye, We Avould likewise be 
graciously pleased to make certaine Adventurers, intending 
to erect and establish ffishery. Trade, and Plantacion, 
within the Territoryes, Precincts, and Lymitts ot the said 
second Colony, and their Successors, one several distinct 
and entire Body, and to grant unto them, such Estate, 
Liberties, Piiveliges, Eniai'gemcnts, and Inimunityes there, 
as in these our Letters-Pattents hereafter particularly ex- 
pressed and declared. And forasmuch as We have been 
certainly given to understand by divers of our good Sub- 
jects, that have for these many Yeares past frequented those 
Coasts and Territoryes, between the Degrees of Fouity and 
Fourty-Eight, that there is noe other the Subjects of any 
Christian King or State, by any Authority from their Sov- 
ereignes. Lords or Princes, actually in Possession of any of 
the said Lands or Precincts, whereby any Right, Claim, 
Interest, or Title, may, might, or ought by that Meaues ac- 
crue, belong, or appertaiue unto them, or an}' of them. 
And also for that We have been further given certainly to 
knowe, that within these late Yeares there hath b}' God's 
Visitation raigned a wondcrfull Plague, together with many 
horrible Slaughters, and Murthers, committed amoungst 
the Savages and briiitish People there, heretofore inhabit- 
ing, in a Manner to the utter Destruction, Deuastacion, 
and Depopulacion of that whole Territorye, so that there is 
not left for many Leagues together in a Manner, any that 
doe claime or challenge any Kind of Interests therein, nor 
any other Superiour Lord or Souveraigne to make Claime 



24 DOCUMENTS RELATING TO THE 

thereunto, whereby We in our Judgment are persuaded 
and satisfied that the appointed Time is come in which Al- 
mighty God in his great Goodness and Bountie towards Us 
and our People, hath thought fitt and determined, that 
those large and goodly Territoryes, deserted as it were by 
their naturall Inhabitants, should be possessed and enjoyed 
by such of our Subjects and People as heertofore have and 
hereafter shall by his Mercie and Favour, and by his Power- 
full Arme, be directed and conducted thither. In Contem- 
placion and serious Consideracion whereof. Wee have 
thought it fitt according to our Kingly Duty, soe much as in 
Us lyeth, to second and followe God's sacred Will, rendering 
reverend Thanks to his Divine Majestic for his gracious 
favour in laying open and revealing the same unto us, be- 
fore any other Christian Prince or State, by which Meanes 
without Offence, and as we trust to his Glory, Wee may 
with Boldness goe on to the settling of soe hopefull a work, 
which tendeth to the reducing and Conversion of such Sau- 
ages as remaine wandering in Desolacion and Distress, to 
Civil Societie and Christian Religion, to the Inlargement of 
our own Dominions, and the Aduancement of the Fortunes 
of such of our good Subjects as shall willingly intresse 
themselves in the said Imployment, to whom We cannot but 
give singular commendations for their soe worthy Intention 
and Enterprize ; we therefore, of our especiall Grace, mere 
motion, and certaine knowledge, by the Aduice of the 
Lords and' others of our Priuy Councell have for Us, our 
Heyrs and Successors, graunted, ordained, and established, 
and in and by these Presents, Do for Us, our Heirs and 
Successors, grant, ordaine and establish, that all that Cir- 
cuit, Continent, Precincts, and Limitts in America, lying 
and being in Breadth from Fourty Degrees of Northerly 
Latitude, from the Equnoctiall Line, to Fourty-eight De- 
grees of the said Northerly Latitude, and in Length by all 



TERRITORIAL HISTORY OF MAINE. 25 

the Breadth aforesaid throughout the Maine Land, from 
Sea to Sea, with all the Seas, Rivers, Islands, Creekes, 
Inletts, Ports, and Havens, within the Degrees, Precincts, 
and Limitts of the said Latitude and Longitude shall be the 
Limitts, and Bounds, and Precincts of the second Collony ; 
And to the End that the said Territoryes may forever here- 
after be more particularly and certainly known and distin- 
guished, our Will and Pleasure is, that the same shall from 
henceforth be nominated, termed and called by the Name of 
New-England, in America ; and by that Name of New-Eng- 
land in America, the said Circuit, Precinct, Limitt, Conti- 
nent, Islands, and Places in America, aforesaid. We do by 
these Presents, for Us, our Heyrs and Successors, name, 
call, erect, found and establish, and by that Name to have 
Continuance for ever. And for the better Plantacion, rul- 
ing, and governing of the aforesaid New-England, in Amer- 
ica, We will, ordaine, constitute, assigne, limitt and ap- 
point, and for Us, our Heyrs and Successors, Wee, by the 
Advice of the Lords and others of the said priuie Councill, 
do by these Presents ordaine, constitute, limett, and ap- 
point, that from henceforth, there shall be for ever here- 
after, in our Towne of Plymouth, in the County of Devon, 
one Body politicque and corporate, which shall have per- 
petuall Succession, which shall consist of the Numbre of 
fourtie Persons, and no more, which shall be, and shall l)e 
called and knowne by the Name the Councill established at 
Plymouth, in the County of Devon for the planting, ruling, 
ordering, and governing of New-England, in America ; and 
for that Purpose Wee have, at and by the Nomination and 
Request of the said Petitioners, granted, ordained, estab- 
lished, and confirmed ; and b}^ these Presents, for Us, our 
Heyres and Successors, doe grant, ordaine, establi;>li, and 
contirme, our right trusty and right well beloved Cosins 
and Councillors Lodowick, Duke of Lenox, Lord Steward 



26 DOCUMENTS RELATING TO THE 

of our Household, George, Lord Marquess Buckingham, 
our High Admiral of England, James Marquess Hamilton, 
William Earle of Pembrocke, Lord Chamberlaine of our 
Houshold, Thomas Earl of Arundel, and our right trusty 
and right well beloved Cosin, William Earle of Bathe, andright 
trusty and right well beloved Cosin and Councellor, Henry 
Earle of Southampton, and our right trusty and right well be- 
loved cousins, William Earle of Salisbury, and Robert Earle 
of Warwick, and our right trusty and well beloved John 
Viscount Haddington, and our right trusty and well beloved 
Councellor Edward Lord Zouch, Lord Warden of our 
Cincque Ports, and our trusty and well beloved Edmond 
Lord Sheffield, Edward Lord Gorges, and our well beloved 
Sir Edward Seymour, Ivnight and Barronett, Sir Robert 
Manselle, Sir Edward Zouch, our Knight Marshall, Sir 
Dudley Diggs, Sir Thomas Roe, Sir fferdinando Gorges, 
Sir Francis Popham, Sir John Brook, Sir Thomas Gates, 
Sir Richard Hawkins, Sir Richard Edgecombe, Sir Allen 
Apsley, Sir Warwick Hale, Sir Richard Catchmay, Sir 
John Bourchier, Sir Nathaniel Rich, Sir Edward Giles, Sir 
Giles Mompesson, and Sir Thomas Wroth, Knights ; and 
our well beloved Matthew Sutcliffe, Dean of Exeter, Robert 
Heath, Esq ; Recorder of our Cittie of London, Henry 
Bourchier, John Drake, Rawleigh Gilbert, George Chud- 
ley, Thomas Hamon, and John Argall, Esquiers, to be in 
and by these Presents ; We do appoint them to be the first 
moderne and present Councill established at Plymouth, in 
the County of Devon, for the planting, ruling, ordering, 
and governing of New-England, in America ; and that they, 
and the Suruiours of them, and such as the Suruiours and 
Suruiour of them shall, from tyme to tyme elect, and chuse 
to make up the aforesaid Number of fourtie Persons, when, 
and as often as any of them, or any of their Successors 
shall happen to decease, or to be removed from being of 



TERRITORIAL HISTORY OF MAINE. 27 

the said Council!, shall be in, and by these Presents, incor- 
porated to have a perpetual Succession for ever, in Deed, 
Fact, and Name, and shall I)e one Bodye corporate and 
politicque ; and that those, and such said Persons, and their 
Successors, and such as shall be elected and chosen to suc- 
ceed them as aforesaid, shall be, and by these Pesents are, 
and be incorporated, named, and called by the Name of the 
Councill established at Plymouth, in the County of Devon, 
tor the planting, ruling, and governing of New-England, in 
America; and them the said Duke of Lenox, Marquess 
Buckingham, INIarquess Hamilton, Earle of Pembroke, Earl 
of Arundell, Earle of Bathe, Earle of Southampton, Earle 
Salisbury, Earle of Warwick, Viscount Haddington, Lord 
Zouch, Lord SheiEeld, Lord Gorges, Sir Edward Seymour, 
Sir Robert Mansell, Sir Edward Zouch, Sir Dudley Diggs, 
Sir Thomas Roe, Sir ffcrdinando Gorges, Sir ffrancis Pop- 
ham, Sir John Brooks, Sir Thomas Gates, Sir Richard 
Hawkins, Sir Richard Edgcombe, Sir Allen Apslcy, Sir 
Warwick Heale, Sir Richard Catchmay, Sir John Bourchier, 
Sir Nathaniell Rich, Sir Edward Giles, Sir Giles Mompes- 
son, Sir Thomas AVroth, Knights; Matthew SuttclifFe, 
Robert Heath, Henry Bouchier, John Drake, Rawleigh 
Gilbert, George Chudley, Thomas Haymon, and John Ar- 
gall, Esqrs. and their Successors, one Body corporate and 
politick, in Deed and Name, by the Name of the Councell 
established att Plymouth, in the County of Devon, for the 
planting, ruling and governing of New England in America. 
We do by these Presents, for Us, our Heyres and Succes- 
sors, really and fully incorporate, erect, ordaine, name, con- 
stitute, and establish, and that by the same Name of the 
said Councill, they and their Successors for ever hereafter 
be incorporated, named, and called, and shall by the same 
Name have perpetual Succession. And further. Wee do 
hereby for Us, our Heires and Successors, grant unto the 



28 DOCUMENTS RELATING TO THE 

said Councill established att Plymouth, that they and their 
Successors, by the same Name, be and shall be, and shall 
continue Persons able and capable in the Law, from time 
to time, and shall by that Name, of Councill aforesaid, have 
full Power and Authority, and lawful Capacity and liabil- 
ity, as well to purchase, take, hold, receive, enjoy, and to 
have, and their Successors for ever, any Manors, Lands, 
Tenements, Rents, Royalties, Privileges, Immunities, Re- 
versions, Annuities, Hereditaments, Goods and Chatties 
whatsoever, of or from Us, our Heirs and Successors, and 
of or from any other Person or Persons whatsoever, as well 
in and within this our Realme, of England, as in and within 
any other Place or Places whatsoever or wheresoever ; and 
the same Manors, Lands, Tenements, and Hereditaments, 
Goods or Chatties, or any of them, by the same Name to 
alien and sell, or to do, execute, ordaine and performe all 
other Matters and Things whatsoever to the said Incorpora- 
tion and Plantation concernins; and belonijing. And further, 
our Will and Pleasure is, that that the said Councill, for the 
time being, and their Successors, shall have full Power and 
lawful Authority, by the Name aforesaid, to sue and be 
sued ; implead, and to be impleaded ; answer, and to be 
answered, unto all Manner of Courts and Places that now 
are, or hereafter shall be, within this our Realme and else- 
where, as well temporal and spiritual, in all Manner of Suits 
and Matters whatsoever, and of what Nature or Kinde so- 
ever such Suite or Action be or shall be. And our Will 
and Pleasure is, that the said fiburty Persons, or the greater 
Number of them, shall and may, from time to time, and at 
any time hereafter, at their owne Will and Pleasure, ac- 
cording to the Laws, Ordinances, and Oi'ders of or by them, 
or by the greater Part of them, hereafter in Manner and forme 
in these Presents mentioned, to be agreed upon, to elect 
and choose amongst themselves one of the said flburty 



TERKITOIUAL HISTORY OF MAINE. 29 

Persons for the Time l)eing, to be a President of the said 
Counciil, which President soe elected and chosen, Wee will, 
shall continue and be President of the said Counciil for so 
long a Time as by the Orders of the said Counciil, from 
time to time to be made, as hereafter is mentioned, shall be 
thought fitt, and no longer; unto which President, or in his 
Absence, to any such Person as by the Order of the said 
Counciil shall be thereunto appointed, wee do give Author- 
ity to give Order for the warning of the said Council, and 
summoning the Company to their meetings. And our will 
and Pleasure is, that from time to time, when and so often 
as any of the Counciil shall happen to decease, or to 
be removed from being of the said Councell, that then, 
and so often, the Survivors of them the said Counciil, and 
no other or the greater number of them, who then shall be 
from time to time left remaininge, and who shall, or the 
greater Number of which that shall be assembled at a public 
Court or Meeting to be held for the said Company, shall 
elect and choose one or more other Person or Persons to be 
of the said Counciil, and which from time to time shall be of 
the said Counciil, so that the Number of ffourty Persons 
of the said Counciil ma}' from time to time be supplied : 
Provided alwa^'s that as well the Persons herein named to 
be of the said Counciil, as every other Councillor hereafter 
to be elected, shall be presented to the Lord Chancellor of 
England, or to the Lord High Treasurer of England, or to 
the Lord Chamberlaine of the Household of Us, our Heires 
and Successors for the Time being, to take his and their 
Oath and Oalhes of a Councellor and Councellors to Us, our 
Heirs and Successors for the Time being, to take his and 
their Oath and Oathes of a Councellor and Councellors to 
Us, our Heirs and Successors, for the said Company and 
Collonye in New-England. And further, wee will and 
grant by these Presents, for Us, our Heires and Successors, 



30 DOCUMENTS RELATING TO THE 

unto the said Councill and their Successors, that they and 
their Successors shall have and enjoy for ever a Common 
Scale, to be engraven according to their Discretions ; and 
that it shall be lawfull for them to appoint whatever Scale 
or Scales, they shall think most meete and necessary, either 
for their Uses, as they are one united Body incorporate 
here, or for the publick of their Gouvernour and Ministers 
of New-England aforesaid, whereby the Incorporation may 
or shall scale any Manner of Instrument touching the same 
Corporation, and the Manors, Lands, Tenements, Rents, 
Reversions, Annuities, Hereditaments, Goods, Chatties, 
Affaires, and any other Things belonging unto, or in any 
wise appertaininge, touching, or concerning the said Coun- 
cill and their Successors, or concerning the said Corporation 
and Plantation in and by these our Letters-Patents as afore- 
said founded, erected, and established. And Wee do fur- 
ther by these Presents, for Us, our Heires and Successors, 
grant unto the said Councill and their Successors for the 
Time being, in their discretions, from time to time to admit 
such and so many Person and Persons to be made free and 
enabled to trade traflSck unto, within, and in New England 
aforesaid, and unto every Part and Parcell thereof, or to 
have, possess, or enjoy, any Lands or Hereditaments in 
New-England aforesaid, as they shall think fitt, according 
to the Laws, Orders and Constitutions, and Ordinances, by 
the said Councill and their Successors from time to time to 
be made and established by Virtue of, and according to the 
true Intent of these Presents, and under such Conditions, 
Reservations, and agreements as the said Councill shall set 
downe, order and direct, and not otherwise. And further, 
of our especiall Grace, certaine Knowledge, and mere Mo- 
tion, for Us, our Heires and Successors, wee do by these 
Presents give and grant full Power and Authority to the 
said Councill and their Successors, that the said Councill for 



TERRITORIAL HISTORY OF MAINE. 31 

the Time l)eing, or the greater Part of them, shall and may, 
from time to time, nominate, make, constitute, ordaine, and 
confirme by such Name or Names, Sale or Sales, as to them 
shall seeme Good ; and likewise to revoke, disdischarge, 
charge and alter, as well all and singular. Governors, Offi- 
cers, and Ministers, which hereafter shall be by them 
thought fitt and needful to be made or used, as well to at- 
tend the Business of the said Company here, as for the 
government of the said Collony and Plantation, and also to 
make, ordaine, and establish all Manner of Orders, Laws, 
Directions, Instructions, Forms, and Ceremonies of Gov- 
ernment and Magistracy fitt and necessary for and concern- 
ing the Government of the said Collony and Plantation, so 
always as the same be not contrary to the Laws and Stat- 
utes of this our Realme of England, and the same att all 
Times hereafter to abrogate, revoke, or change, not only 
within the Precincts of the said Collony, but also upon the 
Seas in going and coming to and from the said Collony, as 
they in their good Discretions shall thinke to be fittest for 
the good of the Adventurers and Inhabitants there. And 
wee do further of our especiall Grace, certaine Knowledge, 
and mere Motion, grant, declare, and ordain, that such 
principall Governor, as from time to time shall be author- 
ised and appointed in Manner and Forme in these Presents 
heretofore expressed, shall have full Power and Authority 
to use and exercise martiall Laws in Case of Rebellion, In- 
surrection and mutiny, in as large and ample Manner as 
our Lieutenants in our Counties within our Realme of Eng- 
land have or ought to have by Force of their Commission 
of Lieutenancy. And for as much as it shall be necessary 
for all our lovinge Subjects as shall inhabit within the said 
Precincts of New-England aforesaid, to determine to live 
together in the Feare and true worship of Allmighty God, 
Christian Peace, and civil Quietness, each with other. 



32 DOCUMENTS RELATING TO THE 

whereby everyone may with more Safety, Pleasure, and 
Profitt, enjoye that whereunto they shall attaine with great 
Pain and Perill, Wee, for Us, our Heires and Successors, 
are likewise pleased and contented, and by these Presents 
do give and grant unto the said Council and their Successors, 
and to such Governors, Officers, and ministers, as shall be 
by the said Councill constituted and appointed according to 
the natures and Limitts of their Offices and Places respec- 
tively, that they shall and may, from time to time for ever 
hereafter, within the said Precincts of N,ew-England, or in 
the way by the Seas thither, and from thence have full and 
absolute Power and Authority to correct, punish, pardon, 
governe, and rule all such the Subjects of Us, our Heires 
and Successors as shall from time to time adventure them- 
selves in any Voyage thither, or that shall att any Time 
hereafter inhabit in the Precincts or Territories of the said 
Collony as aforesaid, according to such Laws, Orders, Or- 
dinances, Directions, and Instructions as by the said Coun- 
cill aforesaid shall be established ; and in Defect thereof, in 
Cases of Necessity, according to the good Discretions of 
the said Governors and Officers respectively, as well in 
Cases capitall and criminall, as civill, both marine and oth- 
ers, so allways as the said Statutes, Ordinances, and Pro- 
ceedings, as near as conveniently may be, agreeable to the 
Laws, Statutes, Government and Policie of this our Realme 
of England. And furthermore, if any Person or Persons, 
Adventurers or Planters of the said Collony, or any other, 
att any Time or Times heereafter, shall transport any Mon- 
eys, Goods, or Merchandizes, out ot any of our Kingdoms, 
with a Pretence or Purpose to land, sell, or otherwise dis- 
pose of the same within the Limitts and Bounds of the said 
Collony, and yet nevertheless being att Sea, or after he hath 
landed within any Part of the said Collony shall carry the 
same into any other floraigne Country with a Purpose there 



TERRITORIAL HISTORY OF MAINE. 33 

to see and dispose thereof, that then all the Goods and 
Chatties of the said Person or Persons so offending and 
transported, together with the Ship or Vessell wherein such 
Transportation was made, shall be forfeited to Us, our 
Heires and Successors. And wee do further of our espe- 
ciall Grace, certaine Knowledge, and nieere motion for Us, 
our Heirs and Successors for and in Respect of the Consid- 
erations aforesaid, and for divers other good Considerations 
and Causes, us thereunto especially moving, and by the 
Advice of the Lords and Others of our said Privy Councill 
have absolutely giuen, granted, and confirmed, and do by 
these Presents absolutely give, grant, and confirm unto the 
said Councill, called the Councill established att Plymouth 
in the County of Devon for the planting, ruling, and gov- 
erning of New-England in America, and unto their Suc- 
cessors for ever, all the aforesaid Lands and Grounds, 
Continent, Precinct, Place, Places and Territoryes, viz. 
that aforesad Part of America, lying, and being in Breadth 
from fiburty Degrees of Northerly Latitude from the Ecjui- 
noctiall Line, to ffourty-eight Degrees of the said Northerly 
Latitude inclusively, and in Length of, and within all the 
Breadth aforesaid, throughout all the Maine Lands from 
Sea to Sea, together also, with the Firme Lands, Soyles, 
Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines, 
and Mineralls, as well Royall Mines of Gold and Silver, as 
other Mine and Mineralls, precious Stones, Quarries, and 
all, and singular other Comodities, Jurisdictions, Royalties, 
Priveliges, Franchises, and Preheminences, both within the 
same Tract of Land upon the Maine, and also within the 
said Islands and Seas adjoining : Provided always, that 
the said Islands, or any of the Premises herein before men- 
tioned, and by these Presents intended and meant to be 
granted, be not actually possessed or inhabited by any other 
Christian Prince or Estate, nor be within the Bounds, Limitts 
Vol. I. 4 



34 DOCUMENTS RELATING TO THE 

or Territoryes, of that Southern Collony heretofore by 
us granted to be planted by diverse of our loving Subjects 
in the South Part, to have and to hold, possess and enjoy, 
all, and singular, the aforesaid Continent, Lands, Territo- 
ryes, Islands, Hereditaments and Precincts, Sea Waters, 
Fishings, with all, and all Manner their Commodities, Roy- 
alties, Liberties, Preheminences, and Profitts, that shall 
arise from thence, with all and singular, their Appurtenances, 
and every Part and Parcel thereof, and of them, to and 
unto the said Councell and their Successors and Assignes 
for ever, to the sole only and proper Use, Benefit, and Be- 
hooffe of them the said Council and their Successors and 
Assignes for ever, to be holden of Us, our Heires, and Suc- 
cessors, as of our Manor of East Greenwich, in our County 
of Kent, in free and comon Soccage and not in Capite, nor 
by Knight's Service ; yielding and paying therefore to Us, 
our Heires, our Successors, the fifth Part, of the Ore of 
Gold and Silver, which from time to time, and att all times 
heereafter, shall happen to be found, gotten, had, and ob- 
tained, in or within any the said Lands, Limitts, Territo- 
ryes, and Precincts, or in or within any Part or Parcell 
thereof, for, or in Respect of all, and all Manner of Dutys, 
Demands, and Services whatsoever, to be done, made, or 
paid to Us, our Heires, and Successors. And wee do fur- 
ther of our especiall Grace, certaine Knowledge, and meere 
Motion, for Us, and our Heires, and Successors, give and 
grant to the said Councell, and Successors for ever by these 
Presents, that it shall be lawfull and free for them and their 
Assignes, att all and every time and times hereafter, out of 
our Realmes or Dominions whatsoever, to take, load, carry, 
and transport in, and into their Vo3'ages, and for, and 
towards the said Plantation in New-England, all such, and 
so many of our loveing Subjects, or any other Strangers 
that will become our loving Subjects, and live under our 



TERRITORIAL HISTORY OF MAINE. 35 

Allegiance, as shall willingly accompany them in the said 
Voyages and Plantation, with Shipping, Ai-mour Weapons, 
Ordinance, Munition, Powder, Shott, Victuals and all Man- 
ner of Cloathing, Implements, Furniture, Beasts, Cattle, 
Horses, Mares, and all other Things necessary for the said 
Plantation, and for their Use and Defence, and for Trade 
with the People there, and in passing and returning to and 
fro, without paying or yeilding, any Custom or Subsidie 
either inward or outward, to Us, our Heires, or Successors, 
for the same, for the Space of seven Years, from the Day 
of the Date of these Presents, provided that none of the 
said Persons be such as shall be hereafter by special Name 
restrained by Us, our Heire, or Successors. And for their 
further Encouragement, of our especiall Grace and Favor, 
wee do by these Presents for Us, our Heires, and Successors, 
yield and grant, to and with the said Councill and their Suc- 
cessors, and every of them, their Factors and Assignes, 
that they and every of them, shall be free and quitt from 
all Subsidies and Customes in New-England for the Space 
of seven Years, and from all Taxes and Impositions for the 
Space of twenty and one Yeares, upon all such goods and 
Merchandizes, as shall be brot and imported into our Realme 
of England, or any other of our Dominions, according to 
the ancient Trade of Marchants ; which five Pounds per 
cent, only being paid, it shall be thenceforth lawful and free 
for the said Adventurers, the same Goods and Merchandize 
to export and carry out of our said Dominions into fforaigne 
Parts, without any Custom, Tax, or other Duty to be paid 
to Us, our Heires, or Successors, or to any other Officers or 
Ministers of Us, our Heires, or Successors; provided, that 
the said Goods and Merchandizes be shipped out within 
thirteene months after their first Landing within any Part 
of these Dominions. And further our Will and Pleasure 
is, and Wee do by these Presents charge, comand, warrant, 



36 DOCUMENTS RELATING TO THE 

and authorize the said Councill and their Successors, or the 
major Part of them, which shall be present and assembled 
for that Purpose, shall from time to time under their comon 
Scale, distribute, convey, assigne, and sett over, such par- 
ticular Portions of Lands, Tenements, and Hereditaments, 
as are by these Presents, formerly granted unto each our 
loveing Subjects, naturally borne or Denisons, or others, as 
well Adventurers as Planters, as by the said Company upon 
a Comission of Survey and Distribution, executed and re- 
turned for that Purpose shall be named, appointed, and 
allowed, wherein our Will and Pleasure is, that Respect be 
had as well to the Proportion of the Adventurers, as to the 
speciall Service, Hazard, Exploit, or merit of any Person 
so to be recompensed, advanced, or rewarded, and wee do 
also, for Us, our Heires and Successors, grant to the said 
Councell and their Successors and to all and everysuch 
Governours, or Officers, or Ministers, as by the said Coun- 
cill shall be appointed to have Power and Authority of gov- 
ernment and Command in and over the said Collony and 
Plantation, that they and every of them, shall, and lawfully 
may, from time to time, and att all Times hereafter for ever, 
for their severall Defence and Safety, encounter, expulse, 
repel, and resist by Force of Arms, as well by Sea as by 
Land, and all Ways and Meanes whatsoever, all such Per- 
son and Persons, as without the speciall Licence of the said 
Councell and their Successors, or the greater Part of them, 
shall attempt to inhabit within the said severall Precincts 
and Limitts of the said Collony and Plantation. And also 
all, and every such Person or Persons whatsoever, as shall 
enterprize or attempt att any time hereafter Destruction, 
Invasion, Detriment, or Annoyance to the said Collony and 
Plantation ; and that it shall be lawfull for the said Councill, 
and their Successors, and every of them, from Time to 
Time, and att all Times heereafter, and they shall have full 



TERRITORIAL HISTORY OF MAINE. 37 

Power and Authority, to take and surprize by all ways and 
meanes whatsoever, all and every such Person and Persons 
whatsoever, with their Ships, Goods, and other Furniture, 
trafficking in any Harbour, Creeke, or Place, within the 
Liuiitts and Precincts of the said Collony and Plantation, 
and not Ixiing allowed by the said Councill to be Adven- 
turers or Planters of the said Collony. And of our further 
Royall Favor, wee have granted, and for Us, our Fleires, and 
Successors, wee do grant unto the said Councill and their 
Successors, that the said Territoryes, Lands, Rivers, and 
Places aforesaid, or any of them, shall not be visited, fre- 
quented, or traded unto, by any other of our Subjects, or the 
Subjects of Us, our Heires, or Successors, either fi'om 
any the Ports and Havens belonging or appertayning, 
or which shall belong or appertayne unto Us, our Heires, 
or Successors, or to any forraigne State, Prince, or Pot- 
tentate whatsoever : And therefore w-ee do hereby for 
Us, our Heires, and Successors, charge, command, pro- 
hibit, and forbid all the Subjects of Us, our Heires, and 
Successors, of what Degree and Quality soever, they be, 
that none of them directly, or indirectly, presume to vissit, 
frequent, trade, or adventure to traffick into, or from the 
said Territoryes, Lands, Rivers, and Places aforesaid, or any 
of them other than the said Councill and their Successors, 
flfactors, Deputj's, and Assignes, unless it be with the License 
and Consent of the said Councill and Company first had and 
obtained in writing, under the couion Seal, upon Pain of our 
Indignation and Imprisonment of their Bodys during the 
Pleasure of Us, our Heires or Successors, and the Forfeiture 
and Loss both of theire Ships and Goods, wheresoever they 
shall be found either within any of our Kingdomes or Do- 
minions, or any other Place or Places out of our Dominions. 
And for the better effecting of our said Pleasure heerin, wee 
do heercby for Us, our Heires and Successors, give and 



38 DOCUMENTS RELATING TO THE 

grant full Power and Authority unto the said Councill, and 
their Successors for the time being that they by themselves, 
their Factors, Deputyes, or Assignes, shall and maj^ from 
time to time, and at all times heereafter, attach, arrest, take 
and seize all and all Manner of Ship and Ships, Goods, 
Wares, and Merchandizes whatsoever, which shall be bro't 
from or carried to the Places before mentioned, or any of 
them, contrary to our Will and Pleasure, before in these 
Presents expressed. The Moyety or one halfe of all which 
Forfeitures wee do hereby for Us, our Heires and Succes- 
sors, give and grant unto the said Councill, and their Suc- 
cessors to their own proper Use without Accompt, and the 
other Moyety, or halfe Part thereof, wee will shall be and 
reraaine to the Use of us, our Heires and Successors. And 
we likewise have condiscended and granted, and by these 
Presents, for Us, our Heires and Successors, do condiscend 
and grant to and with the said Councill, and their Succes- 
sors, that wee, our Heires or Successors, shall not or will not 
give and grant any Lybertye, License, or Authority to any 
Person or Persons whatsoever, to saile, trade, or trafficke 
unto the aforesaid parts of New-England, without the good 
will and Likinge of the said Councill, or the greater Part of 
them for the Time beinge, att any their Courts to be assem- 
bled. And wee do for Us, our Heires and Successors, give 
and grant unto the said Councill, and their Successors, that 
whensoever, or so often as any Custome or Subsidie shall 
growe due or payable unto Us, our Heires or Successors, 
according to the Limitation and appointment aforesaid, by 
Reason of any goods. Wares, Merchandizes, to be shipped 
out, or any Returne to be made of any goods, Wares, or 
Merchandizes, unto or from New-England, or any the Lands 
Territoryes aforesaid, than then so often, and in such Case 
the ifarmers. Customers, and Officers of our Customes of 
England and Ireland, and every of them, for the Time 



TERRITORIAL HISTORY OF MAINE. 39 

being, upon Request made unto them by the said Council!, 
the Successors, ffactors, or Assignes, and upon convenient 
Security to l)e given in that Behalfe, shall give and allowe 
unto the said Councill and their Successors, and to all Per- 
son and Persons free of the said Company as aforesaid, six 
Months Time for the Payment of the one halfe of all such 
Custotne and Subsidie, as shall be due and payable unto Us, 
our Heires and Successors for the same, for which these our 
Letterspattent, or the Duplicate, or the Enrolment thereof, 
shall be unto our said Officers a sufficient warrant and Dis- 
charge. Nevertheless, our Will and Pleasure is, that if any 
of the said Goods, Wares and Merchandizes, which be, or 
shall be, att any time heercafter, landed and exported out 
of any of our Realmes aforesaid, that then such Payment, 
Duty, Custome, Imposition, or Forfeiture, shall be paid, 
and belong to Us, our Heires, and Successors, for the said 
Goods, Wares, and Merchandises, so fraudulently sought to 
be transported, as if this our Grant had not been made nor 
granted : And Wee do for Us, our Heires and Successors, 
give and grant unto the said Councill and theire Successors 
for, ever, by these Presents, that the said President of the 
said Company, or his Deputy for the Time being, or any 
two others of the said Councill, for the said Collony in New- 
England, for the Time being, or any two others of the said 
Councill, for the said Collony in New-England, for the tiQie 
beinge, shall and may, and att all Times heereafter, and 
from time to time, have full Power and Authority, to min- 
ister the Oath and Oaths of Allegiance and Supremacy, or 
either of them, to all and every Person and Persons, which 
shall att any Time and Times heereafter, goe or pass to the 
said Col lony m New-England. And further, that it shall be- 
likewise be lawful for the said President, or his Deputy for 
the Time being, or any two others of the said Councill for 
the said Collony of New-England for the Time being, from 



40 DOCUMENTS RELATING TO THE 

time to time, and att all times heereafter, to minister such a 
formal Oath, as by their Discretion shall be reasonably de- 
vised, as well unto any Person and Persons imployed or to 
be imployed in, for, or touching the said Plantation, for their 
honest, faithfull and just Discharge of their Service, in all 
such Matters as shall be committed unto them for the Good 
and Benetitt of the said Company, Collony, and Plantation, 
as also unto such other Person or Persons, as the said Pres- 
ident or his Deputy, with two others of the said Councill, 
shall thinke meete for the Examination or clearing of the 
Truth in an}^ Cause whatsoever, concerning the said Planta- 
tion, or any Business from thence proceeding, or thereunto 
belonging. And to the end that no lewd or ill-disposed 
Persons, Saylors, Soldiers, Artificers, Labourers, Husband- 
men, or others, which shall receive Wages, Apparel, or other 
Entertainment trom the said Councill, or contract or agree 
with the said Councill to goe, and to serve, and to be im- 
ployed, in the said Plantation, in the Collony in New-Eng- 
land, do afterwards withdraw, hide, and conceale themselves, 
or refuse to go thither, after they have been so entertained 
and agreed withall ; and that no Persons which shall be sent 
and imployed, in the said Plantation, of the said Collony in 
New-England, upon the Charge of the said Councill, doe 
misbehave themselves by mutinous Seditions, or other noto- 
rious Misdemeanors, or which shall be imployed, or sent 
abroad by the Governour of New-England or his Deputy, 
with any Shipp or Pinace, for Provision of the said Collony, 
or for some Discovery, or other Business or Affaires con- 
cerninge the same, doe from thence either treacherously 
come back againe, or returne into the Realme of Englande 
by Stealth, or without Licence of the governour of the said 
Collony in New-England for the Time being, or be sent 
hither as misdoers or Offendors ; and that none of those 
Persons after theire Returne from thence, being questioned 



TERRITORIAL HISTORY OF MAINE. 41 

by the said Council) heere, for such their Misdemeanors and 
Offences, do, by insolent and contemptuous Carriage in the 
Presence of the said Councill shew little Respect and Rev- 
erence, either to the Place or Authority in which we have 
placed and appointed them and others, for the clearing of 
their Lewdness and Misdemeanors committed in New-Eng- 
land, divulge vile and scandalous Reports of the Country of 
New-England, or of the Government or Estate of the said 
Plantation and Collony, to bring the said Voyages and Plan- 
tation into Disgrace and Contempt, by meanes whereof, not 
only the Adventurers and Planters already engaged in the 
said Plantation may be exceedingly abused and hindered, 
and a great number of our loveing and well-disposed Sub- 
jects, otherways well aff*ected and inclined to joine and ad- 
venture in so noble a Christian and worthy Action may be 
discouraged from the same, but also the Enterprize itself 
may be overthrowne, which cannot miscarry without some 
Dishonour to Us and our Kingdome ; wee, therefore, for 
preventing so great and enormous Abuses and Misde- 
meanors, Do, by these Presents for Us, our Heires, and 
Successors, give and grant unto the said President or his 
Deputy, or such other Person or Persons, as by the Orders 
of the said Councill shall be appointed by warrant under his 
or their Hand or Hands, to send for, or cause to be appre- 
hended, all and every such Person or Persons, who shall be 
noted, or accused, or found at any time or times heereafter 
to offend or misbehave themselves in any the Aff'aires before 
mentioned and expressed ; and upon the Examination of 
any such Offender or Offenders, and just Proofe made by 
Oathe taken before the said Councill, of any such notorious 
misdemeanours by them committed as aforesaid, and also 
upon any insolent, contemptuous, or irreverent Carriage or 
Misbehavior, to or against the said Councill, to be shewed 
or used by any such Person or Persons so called, couvened, 



42 DOCUMENTS RELATING TO THE 

and appearing before them as aforesaid, that in all such 
Cases, our said Councill, or any two or more of them for the 
Time being, shall and may have full Power and Authority, 
either heere to bind them over with good Sureties for their 
good Behavior, and further therein to proceed, to all Intents 
and Purposes as it is used in other like Cases within our 
Realme of England, or else at their Discretions to remand 
and send back the said Offenders, or an}^ of them, to the 
said Collouy of New-England, there to be proceeded against 
and punished us the Governour's Deputy or Councill there 
for the Time being, shall think meete, or otherwise accord- 
ing to such Laws and Ordinances as are, and shall be, in 
Use there, for the well ordering and good government of 
the said Collony. And our Will and Pleasure is, and Wee 
do hereby declare to all Christian Kings, Princes and 
States, that it any Person or Persons which shall hereafter 
be of the said Collony or Plantation, or any other by License 
or Appointment of the said Councill, or their Successors, or 
otherwise, shall at any time or times heereafter, rob or spoil, 
by Sea or by Land, or do any Hurt, Violence, or unlawfull 
Hostility to any of the Subjects of Us, our Heires, or Suc- 
cessors, or any of the Subjects of any King, Prince, Ruler, 
or Governour, or State, being then in League or Amity 
with Us, our Heires and Successors, and that upon such In- 
jury, or upon just Complaint of such Prince, Ruler, Gov^- 
ernour, or State, or their Subjects, Wee, our Heires, or 
Successors shall make open Proclamation within any of the 
Ports of our Realme of England commodious for that Pur- 
pose, that the Person or Persons having committed any such 
Robbery or Spoile, shall within the Term limited by such a 
Proclamation, make full Restitution or Satisfaction of all 
such Injuries done, so as the said Princes or other, so com- 
plaining, may hold themselves fully satisfied and contented. 
And if that the said Person or Persons having committed 



TERRITORIAL HISTORY OF MAINK. 43 

such Robbery or Spoile, shall not make or cause to be made 
Sutisfactioii accordingly within such Tciine so to be liniitcd, 
that then it shall be lawful for Us, our Ileires or Successors, 
to put the said Person or Persons out of our Allegiance and 
Protection ; and that it shall be lawful and free for all 
Princes to prosecute with Hostility the said Offenders and 
every of them, their, and every of their Procurers, Aiders, 
Abettors, and Comforters in that Bchalfe. And also. Wee 
do for Us, our Heires and Successors, declare by these 
Presents, that all and every the Persons, beinge our Sub- 
jects, which shall goo and inhabitt within the said Collony 
and Plantation, and every of their Children and Posterity, 
which shall happen to be born within the Limitts thereof, 
shall have and injoy all Liberties, and ffranchizes, and Im- 
munities of free Denizens and naturall Subjects within any 
of our other Dominions. And lastly, because the principall 
efiect which we can desire or expect of this Action, is the 
Conversion and Reduction of the People in those Parts unto 
the true Worship of God and Christian Religion, in which 
Respect, wee would be loath that any Person should be per- 
mitted to pass that Wee suspected to atiect the Superstition 
of the Chh of Rome, wee do hereby declare that it is our 
will and Pleasure that none be permitted to pass, in any 
voyage from time to time to be made into the said Country, 
but such as shall first have taken the Oathe of Supremacy ; 
for which Purpose, wee do by these Presents give full Power 
and Authority to the President of the said Councill, to 
tender and exhibit the said Oath to all such Persons as shall 
at any time be sent and imployed in the said Voyage. And 
Wee also for Us, our Heires and Successors, do covenant 
and grant to and with the Councill, and their Successors, or 
any of them, shall at any time or times heereafter, upon any 
doubt which they shall conceive concerning the Strength or 
Validity in Law of this our present grant, or be desirous to 



44 DOCUMENTS RELATING TO THE 

have the same renewed and confirmed by Us, our Heires 
and Successors, with Amendment of such Imperfection and 
Defects as shall appeare fitt and necessary to the said Coun- 
cill, or their Successors, to be reformed and amended on the 
Behalfe of Us, our Heires and Successors, and for the fur- 
thering of the Plantation and Government, or the Increase, 
continuing, and flourishing thereof, that then, upon the 
humble Petition of the said Councill for the time being, and 
their Successors, to Us, our Heires and Successors, Wee, 
our Heires and Successors, shall and will forthwith make 
and pass under the Great Seale of England, to the said 
Councill and theire Successors, such further and better As- 
surance, of all and singular the Lauds, Grounds, Royalties, 
Priveliges, and Premisses aforesaid granted, or intended to 
be granted, according to our true Intent and Meaneing in 
these our Letters-patents, signified, declared, or mentioned, 
as by the learned Councill of Us, our Heires, and Succes- 
sors, and of the said Company and theire Successors shall, 
in that Behalfe, be reasonably devised or advised. And 
further our Will and Pleasure is, that in all Questions and 
Doubts, that shall arise upon any Difficulty of Instruction 
or Interpretation of any Thing contained in these our 
Letters-pattents, the same shall be taken and interpreted in 
most ample and beneficial manner, for the said Councill and 
theire Successors, and every Member thereof. And Wee 
do further for Us, our Heires and Successors, charge and 
command all and singular Admirals, Vice-Admirals, Gen- 
erals, Comanders, Captaines, Justices of Peace, Majors, 
Sheriffs, Bailiffs, Constables, Customers, Comptrollers, 
Waiters, Searchers, and all the Officers of Us, our Heires 
and Successors, whatsoever to be from time to time, and att 
all times heereafter, in all Things aiding, helping, and 
assisting unto the said Councill, and their Successors, and 
unto every of them, upon Request and Requests by them to 



TERRITORIAL HISTORY OF MAINE. 45 

be made, in all Matters and Things, for the Furtherance and 
Accomplishment of all or any the Matters and Things by 
Us, in and by these our Letters-pattents, given, granted, 
and provided, as they our said Officers, and the Officers of 
Us, our Heires and Successors, do tender our Pleasure, and 
will avoid the Contrary att their Perills. And wee also do 
by these Presents, ratifye and confirm unto the said Coun- 
cill and their Successors, all Priveliges, fJVanchises, Liber- 
ties, Immunities granted in our said former Letters-patents, 
and not in these our Letters-patents revoaked, altered, 
changed or abridged, altho' express Mention, &c. 

In Witnes &c. 
Witnes our selfe at Wesfmtnsfer the Third Day of No- 
vember, in the Eig-hteenth Yeare of our Reia^n over 
England, &c. 

JPai' Breve de Privato Sigello, &c. 

This is a true Copy from the Original Record remaining 
in the Chapel of the Rolls having been examined. 

HEN. ROOKE, Clerk of the Rolls. 



VII. 

FIRST PLYMOUTH PATENT BY THE GREAT COUNCIL 
FOR NEW ENGLAND. 

June 1/11, 1621. 

Sources. 

In respect to the First Plymouth Patent to John Pierce, 
"citizen and clothworUer of London," June 1/11, 1021, it 
is interesting to note that it is the first grant of which any 



46 DOCUMENTS RELATING TO THE 

record is made by the Great Council under tiieir charter of 
1620. It is also believed to be the ' oldest State document 
in the United States. 

For many years the patent was lost, and only after much 
search was discovered in 1741, among a mass of old papers 
in the land office, Boston ; in 1853 it was deposited in Pil- 
grim Hall, Plymouth. 

Although the patent was little more than a general com- 
mission to Pierce to establish himself anywhere in New 
England on land not already occupied by " any English," it 
has been claimed that a settlement was begun under its pro- 
visions at a place called Broad Bay within the limits of 
ancient Pemaquid. The document is accordingly printed 
entire. 

The text adopted is that of Charles Deane, editor, the 
" Massachusetts Historical Society Collections" Series IV., 
II. 158-163, where it was first published. That text has 
also been carefully compared with the original document at 
Plymouth. 

Another copy is found in John A. Poor, " A Vindication 
of the Claims of Sir Ferdinando Gorges" (New York, 
1862), Appendix D, 118-120. It has also been printed by 
William T. Davis, "History of the Town of Plymouth, 
with a Sketch of the Origin and Growth of Separatism " 
(Philadelphia, 1885), 27,^28 ; and in "Ancient Landmarks 
of Plymouth" (Boston, 1883), 40-44. 

Text. 

This Indenture made the First Day of June 1621 And in 
the yeeres of the raigne of our soiiaigne Lord James by the 
grace of God King of England Scotland Fraunce and Ire- 
land defender of the faith &cs That is to say of England 
Fraunce and Ireland the Nynetenth and of Scotland the 
fowre and fiftith/ Betwene the President and Counsell of 
New England of the one ptie And John Pierce Citizen and 
Cloth worker of London and his Associats of the other ptie 
WITNESSETH that whercas the said John Pierce and his 
Associats haue already transported and vntertaken to trans- 
porte at their cost and chardges themselves and dyvers 



TERRITORIAL HISTORY OF MAINE. 47 

gsons into New England and there to erect and ])uild a 
Tovvne and settle dyverspsons Inhabitants for the advanceni' 
of the genall plantacon of that Country of New England 
NOW THE SAYDE President and Counsell in consideracon 
thereof and for the furtherance of the said plantacon and 
incoragem* of the said Vndertakers haue agreed to graunt 
assigne allott and appoynt to the said John Peirce and his 
associats and eOy of them his and their heires and assignes 
one hundred acres of grownd for eliy gson so to be tran- 
ported besides dyvers other pryviledges Liberties and com- 
odyties hereafter nienconed/ And to that intent they have 
graunted allotted assigned and confirmed/ And by this 
pnts doe graunt allott assigne and confirme vnto the said 
John Peirce and his Associats his and their heires & assignes 
and the heires and assignes of eCy of them sevally & respec- 
tyvelieone hundred sevall acres of grownd in New England 
for eQy gson so transpcu'ted or to be transported (Yf the 
said John Peirce or his Associats contynue there three whole 
yeeres either at one or seuall tymes or dye in the meane 
season after he or they are shipped with intent there to 
inhabit The same Land to be taken & chosen by them their 
deputies or assignes in any place or places wheresoQ not 
already inhabited by any English and where no English 
gson or gsons are already placed or settled or haue by order 
of the said President and Councell made choyce of, nor 
within Tenne rayles of the same (vnles it be on the opposite 
syde of some great or Navigable Ryver to the former pticu- 
ler plantacon, together with the one half of the Ryver or 
Ryvers, that is to say to the middest thereof as shall adioyne 
to such lands as they shall make choyce of together with all 
such Liberties pryviledges pflStts & Comodyties as the said 
Land and Ryvers which they shall make choyce of shall yeild 
together with free libtie to lishe in and vpon the Coast of 
New England and in all havens ports and creekes Therevnto 



48 DOCUMENTS RELATING TO THE 

belonging and that no gson or gsons whatsoeQ shall take 
any benefitt or libtie of or to any of the grownds or the one 
half of the Ryvers aforesaid (excepting the tree vseof high- 
wayes by land and Navigable Ryvers, but that the said 
vndertakers & planters their heires & assignes shall haue 
the sole right and vse of the said grownds and the one half 
of the said Ryvers with all their pffitts & appe''tenncs/ And 
forasmuch as the said John Peirce and his associats intend 
and haue vndertaken to build Churches, Schooles, Hospi- 
talls Towne howses. Bridges and such like workes of Char- 
ytie As also for the niaynteyning of Magistrats and other 
inferio'' Officers/ In regard whereof and to the end that the 
said John Peirce and his Associats his & their heires & 
assignes may have wherewithall to beare & support such 
like charge/ Therefore the said President & Councell 
aforesaid do graunt vnto the said Vndertakers their heires 
& assignes Fifteene hundred acres of Land moreover and 
aboue the aforesaid proporcon of one hundred the pson 
for eQy vudertaker & Planter to be ymployed vpon such 
publiq vses as the said Vndertakers & Planters shall thinck 
fitt/ And they do further graunt vnto the said John Peirce 
and his Associats their heires & assignes, that for eOy pson 
that they or any of them shall transport at their owne prop 
costs & chargs into New England either vnto the Lands 
hereby graunted or adioyninge to them within Seaven 
Yeeres after the feast of S' John Baptist next Coining Yt 
the said pson transported Contynue there three whole yeeres 
either at one or seuall tymes or dye in the meaue season 
after he is shipped with. intent there to inhabit that the said 
pson or psons that shall so at his or their owne chargs 
transport any other shall have graunted and allowed to him 
& them and his & their heires respectyvelie for eQy pson so 
transported or dyeing after he is shipped one hundred acres 
of Land, and also that eQy pson or psons who by contract 



TEKKITOUIAL HISTORY OF MAINE. 49 

& agreani* to be had & made with the said Vndertakrs shall 
at his & their owiie charge transport him & themselves or 
any other & sctle and plant themselves in New England 
within the said Seaven Yeeres for three yeeres space as 
aforesaid or dye in the meane tyme shall have grauuted & 
allowed vnto eOy pson so transporting or transported and 
their heires & assignes respectyvely the like number of one 
hundred acres of Land as aforesaid the same to be by him 
& them or their heires & assignes chosen in any entyre place 
together and adioyning to the aforesaid Lands and not strag- 
lingly not before the tyme of such choyce made possessed 
or inhabited by any English Company or within tenne myles 
of the same (except it be on the opposite sides of some great 
Navigable Ryver as aforesaid Yeilding and paying vnto the 
said President and Counsell for eGy hundred acre so ob- 
teyned and possessed by the said John Peirce and his said 
Associats and by those said other psons and their heires & 
assignes who by Contract as aforesaid shall at their own 
chargs transport themselves or others the Yerely rent of 
Two Shillings at the feast of St. Michaell Tharchaungell to 
the hand of the Rentgatherer of the said President & 
Counsell and their successo'"s forefi)/ the first paym' to 
begyn after the 'xpiracon of the first seaven Yeeres next 
after the date hereof And further it shalbe lawfull to and for 
the said John Peirce and his Associats and such as contract 
with them as aforesaid their Teiints & srvants vpon dislike 
of or in the Country to returne for England or elsewhere 
with all their goods & chattels at their will & pleasure with- 
out Ictt or disturbaunce of any paying all debts that iustly 
shalbe demaunded And likewise it shalbe lawfull and is 
graunted to and for the said John Peirce and his Associats 
& Planters their heires & assignes their Teiits & srvants and 
such as they or any of them shall contract with as aforesaid 
and send and ymploy for the said plantac-on to goe & returne 
Vol. I. 5 



50 DOCUMENTS RELATING TO THE 

trade traflSq import or transport their goods & mchauri- 
dize at their will & pleasure into England or elsewhere 
paying onely such dueties to the Kings ma"® his heires & 
successo'"8 as the President and Counsell of New England 
doe pay without any other taxes Imposicons burthens or 
restraints whatsoeQ vpon them to be ymposed (the rent 
hereby resved being onely excepted) And it shalbe lawfull for 
the said Vndertakes & Planters, their heires & successo''s 
freely to truck trade & traffiq with the Salvages in New 
England or neighboring thereabouts at iheir wills & pleas- 
ures without lett or disturbaunce/ As also to haue libtie 
to hunt hauke fish or fowle in any place or places not now 
or hereafter by the English inhabited/ And the said Pres- 
ident & Counsell do coveiint & promyse to and with the said 
John Peirce and his Associats and others contracted w**' as 
aforesaid his and their heires & assignes/ That vpon law- 
full srvey to be had & made at the charge of the said Vnder- 
takers & Planters and lawfull informacon geven of the 
bownds, meets, and quantytie of Lands so as aforesaid to be 
by them chosen & possessed they the said President & 
Counsell vpon srrender ot this pnte graunt & Indenture 
and vpon reasonable request to be made by the said Vn- 
dertakers & Planters their heires & assignes within seaven 
Yeeres now next coming, shall and Avill by their Deede 
Indented and vnder their CoiTion scale graunt infeoffe & 
confirme all and euly the said lands so sett out and bownded 
as aforesaid to the said John Peirce and his Associats 
and such as contract with them their heires & assignes 
in as large & beneficial I manner as the same are in theis 
pnte graunted or intended to be graunted to all intents 
& purposes with all and euly pticler pryviledge & freedome 
resvacon & condicon with all dependances herein specyfyed 
& graunted/ And shall also at any tyme within the said 



TEKKITOKIAL HISTORY OF MAINE. 51 

termc of Scaven Yeeres vpon request vnto the said Presi- 
dent & Counsell made, graunt vnto them the said John 
Peirce and his Associats Vndertakers & Phmters tlieir heires 
& assignes, Letters & Graunts of lucorporacon by some 
vsuall & fitt name & tytle with Liberty to them and their 
successors from tyme to tyme to make orders Lawes Ordy- 
naunces & Constitucons for the rule "^overnement orderinjj 
& dyrecting of all psons to be transported & settled vpon 
the lands hereby graunted, intended to be graunted or here- 
after to be granted and of the same Lands & proflStts thereby 
arrysing/ And in the meane tyme vntill such graunt made, 
Yt shall)c lawfull for the said John Peirce his Associatts 
Vndertakers & Planters their heires & assignes by consent 
of the greater pt of them/ To establish such Lawes & or- 
dynauncs as are for their better governem', and the same by 
such Officer or Officers as they shall by most voyces elect 
& choose to put in execucon/ And lastly the said Presi- 
dent and Counsell do graunt and agree to and with the said 
John Peirce and his Associats and others contracted with 
and ymployed as aforesaid their heires & assignes/ That 
when they have planed the Lands hereby to them assigned 
& appoynted. That then it shalbe lawful! for them with the 
pryvitie & allowaunce of the President & Counsell as afore- 
said to make choyce of to enter into and to haue an addi- 
tion of fiftie acres more for eGly pson transported into New 
England with like resvacons condicons & pryviledges as are 
aboue graunted to be had and chosen in such place or places 
where no English shalbe then setled or inhabitinir or haue 
made choyce of and the same entered into a booke of Acts at 
the tyme of such choyce so to be made or within tenne 
myles of the same (excepting on the opposite side of some 
great Navigable Ryvcr as aforesaid/ And that it shall and 
may be lawfull for the said John Peirce and his Associats 



52 DOCUMENTS RELATING TO THE 

(their heires and assignes from tyme to tyme and at all 
tymes hereafter for their seQall defence & savetie to encoun- 
ter expulse repell & resist by force of Armes aswell by Sea 
as by Land and by all wayes and meanes whatsoeS all such 
pson & psons as without the especiall lycense of the said 
President or Counsell and their succeso''^ or the greater pt 
of them shall attempt to inhabit within the seQull psincts & 
lymytts of their said Plantacon/ Or shall enterpryse or at- 
tempt at any tyme hereafter distruccon, Invation, detryment 
or annoyaunce to the said Plantacon/ And the said John 
Peirce and his associats and their heires & assignes do cove- 
nnt & promyse to & with the said President & Counsell and 
their successo''s/ That they the said John Peirce and his 
Associats from tyme to tyme during the said Seaven Yeeres 
shall make a true Certificat to the said President & Counsell & 
their successors from the Chief OflScers of the places re- 
spectyvely of efily pson transported & landed in New Eng- 
land or shipped as aforesaid to be entered by the Secretary 
of the said President & Counsell into a Eegister book for 
that purpose to be kept and the said John Peirce and his 
Associats Jointly and seQally for them their heires & as- 
signes do covennt promyse & graunt to and with the said 
President & Counsell and their successors That the psons 
transported to this their pticuler Plantacon shall apply them- 
selves & their Labors in a large & competent manfJ to the 
planting setling making & procuring of good & Staple coiu- 
odyties in & vpon the said Land hereby graunted vnto them 
as Corne & silkgrasse hemp flaxe pitch & tarre sopeashes 
and potashes Yron Clapbord and other the like materialls/ 
In WITNESS whereof the said President & Counsell haue to 
the one pt of pnte Indenture sett their scales ^ And to th' 

• This word looks a little like scale, with a punctuation mark following it. The 
sense would seem to require the plural; there were originally six seals affixed to 
the instrument.— C. D. 



TERRITORIAL HISTORY OF MAINE. 53 

other p* hereof the said John Peirce in the name of himself 
and hib said Associats haue sett to his seale geven the day 

and yeeves first aboue written/. 

Lenox Hamilton 

Rt Warwick Sheffield 

Ferd : Gorges 

[On the Verso of the instrument is the following indorse- 
ment :] 

Sealed and Delivered by my Lord Duke in the Psence 
of Edward Collingwood Clerk. 



vin. 

EXTRACTS FROM THE CHARTER OF THE DUTCH WEST 
INDIA COxMPANY, BY THE STATES GEN- 
ERAL OF THE UNITED NETHERLANDS. 

June 3, 1621. 

/Sowces. 

The charter of the Dutch West India Company which 
was given by the High and Mighty Lords the States Gen- 
eral, June 3/13, 1621, was on a purely commercial basis, 
and has been considered unfriendly to freedom. It was, 
however, in its terms no more of a restriction to the lil)er- 
ties ot its subjects than other documents of that era. 

The original "octroy" with amendments is, according to 
E. B. O'Callaghan, in the "Groat Placoat Book," or Book 
of Resolutions and Acts of the States, I., 566, a translation 
of which is in the State Library of New York ; it is i)rinted 
by him in " The History of New Netherland " (New York, 
1848), I., Appendix A, 399-407: it is also in Ebenezer 
Hazard, " Historical Collections, Consisting of State Papers 
andOtherDocuments" (Philadelphia, 1792), L, 121-123, and 



54 DOCUMENTS RELATING TO THE 

extracts are given in " Report of the Regents of the Uni- 
versity of New York on the Boundaries of New York " 
(Albany, 1874), I., 6, 7. Various copies are found in early 
Dutch works. 

The extracts in this collection are reprinted from the 
" History of New Netherland." 

Text. 

The States General of the United Netherlands, to all who 
shall see these presents or hear them read, greeting : Be it 
known, that We, knowing that the prosperity of these coun- 
tries, and the welfare of their inhabitants, depend princi- 
pally on navigation and trade, which in all former times by 
the said countries were carried on happily, and with a great 
blessing to all countries and kingdoms ; and desiring that 
the aforesaid inhabitants should not only be preserved in 
their former navigation, traffic, and trade, but also that their 
trade may be increased as much as possible in special con- 
formity to the treaties, alliances, leagues, and covenants, 
for traffic and navigation formerly made with other princes, 
republics, and people, which We give them to understand 
must be in all parts punctually kept and adhered to : And 
We find by experience, that without the common help, assis- 
tance, and mterposition of a General Company, the people 
designed from hence for those parts cannot be properly pro- 
tected and maintained in their great risk from pirates, ex- 
tortion, and otherwise, which will happen in so very long a 
voyage We have, therefore, and for several other impor- 
tant reasons and considerations us thereunto moving, with 
mature deliberation of counsel, and for highly necessary 
causes, found it good, that the navigation, trade, and com- 
merce, in the parts of the West Indies, and Africa, and 
other places hereafter described, should not henceforth be 
carried on any otherwise than by the common united 
strength of the merchants and inhabitants of these coun- 



TEKRITOKIAL HISTOUY OF MAINE. 00 

tries, and that for that end there shall be erected one Gen- 
eral Company, which we, out of special regard to their 
common well-being, and to keep and preserve the inhabi- 
tants of those places in good trade and welfare, will main- 
tain and strengthen with Our help, favor, and assistance, as 
far as the present state and condition of this country will 
admit : and, moi-eover, furnish then) with a proper charter, 
and with the following privileges and exemptions, to wit : 
That for the term of four and twenty years, none of the 
natives or inhabitants of these countries shall be permitted 
to sail to or from the said lands, or to traffic on the coast 
and countries of Africa, from the Tropic of Cancer to the 
Cape of Good Hope, nor in the countries of America, or 
the West Indies, beginning at the fourth end of Terra 
Nova, by the Straits of Magellan, La Maire, or any other 
straits and passages situated thereabouts to the Straits of 
Anian, as well on the North Sea as the South Sea, nor on 
any islands situated on the one side or the other, or between 
both : nor in the western or southern countries, reaching, 
lying, and between both the meridians, from the Cape of 
Good Hope, in the east, to the east end of New Guinea, in 
the west inclusive, but in the name of this United Company 
of these United Netherlands. And whoever shall presume, 
without the consent of this company, to sail or to traffic in 
any of the places within the aforesaid limits granted to this 
company, he shall forfeit the ships and the goods which 
shall be found for sale upon the aforesaid coasts and lands ; 
the which being actually seized by the aforesaid company, 
shall be by them kept for their own benefit and behoof. 
And in case such ships or goods shall be sold either in other 
countries or havens they may touch at, the owners and part- 
ners must be fined for the value of those ships and goods : 
Except only, that they who ))efore the date of this (.•luutor, 
shall have sailed or been sent out of these or any other 



56 DOCUMENTS RELATING TO THE 

countries to any of the aforesaid coasts, shall be able to 
continue their trade for the sale of their goods, and come 
back again, or otherwise, until the expiration of their char- 
ter, if they have had any before, and not longer : Provided, 
that after the first of July, sixteen hundred and twenty-one, 
the day and time of this charter's commencing, no person 
shall be able to send any ships or goods to the places com- 
prehended in this charter, although that before the date 
hereof, this company was not finally incorporated ; but shall 
provide therein, as is becoming, against those who know- 
ingly by fraud endeavor to frustrate our intention herein 
for the public good : Provided that the salt trade at Ponte 
del Ke may be continued according to the conditions and 
instructions by Us already given, or that may be given re- 
specting it, anything in this charter to the contrary not- 
withstanding. 

XLV. 

charging and expressly com- 
manding all governors, justices, oflScers, magistrates, and 
inhabitants of the aforesaid United Netherlands, that they 
permit the aforesaid company and managers peaceably and 
freely to enjoy the full effect of this charter, agreement, and 
privilege, without any contradiction or impeachment to the 
contrary. And that none may pretend ignorance hereof. We 
command that the contents of this charter shall be notified 
by publication or an advertisement, where and in such man- 
ner as is proper ; for We have found it necessary for the 
service of this country. 

Given under Our great seal, and the signature and seal 
of Our recorder, at the Hague, on the third day of the 
month of June, in the year sixteen hundred and twenty-one 

Was countersigned, 

J. Magnus, Sec. 



TEKklTOUIAL HISTORY OF MAINE. 57 

Underneath was written, 

The Ordinance of the 
High and Mighty Lords 
the States General. 

It was subscribed, 

C. Aekssen, 
And had a seal pendent, of red wax, and a string of 
white silk. 



IX. 

EXTRACTS FROM THE CHARTER OF NOVA SCOTIA 

TO SIR WILLIAM ALEXANDER BY JAMES I. OF 

ENGLAND. 

September 10/20, 1 621. 

Sources. 

It has been claimed that the attention of Sir William 
Alexander was first directed to Nova Scotia by Claude La 
Tour, who had been in that country with Poutrincourt ; in 
1621 he was in Scotland where Sir William Alexander of 
Meustrie was then Secretary of State to King James. 
Through royal favor an extensive grant in Nova Scotia was 
given to Alexander, who had engaged to support La Tour 
in his rights established by settlement at Fort St. John's. 
The name Nova Scotia or "New Scotland '■ begins with the 
charter of 1621, and the western boundary, ''the river 
commonly called by the name of Sancta Crux, and to the re- 
motest source or fountain " has served as the basis of nego- 
tiations under different treaties. 

The Latin text of the original charter is recorded in the 
" Great Seal Register," from which source it has been re- 
printed many times ; the earliest is in a compemliuni by 
Sanuiel Purchas, -' His Pilgrimes" (London, 1625). IV. 
1871-72; and by Joannes de Laet, " Novus Orbis, sen 



58 DOCUMENTS RELATING TO THE 

Descriptiones Indiae Occidentalis " (Batav. apud Elzeverios, 
1633). 

Extracts in English and French translations were printed 
in " Menioires des Comniissaires du Roi et ceux de sa 
Majeste Britannique, sur les possessions et les droits re- 
spectifs des deux Couronnes en Amerique " (Paris, 1755), 
II. 185-192 ; from which an extract was reprinted by Eben- 
ezer Hazard, " Historical Collections, Consisting of State 
Papers and Other Documents" (Philadelphia, 1792), I. 
134, 135. The text is printed in Latin in a " Statement on 
the Part of the United States of the Case Referred in Pur- 
suance of the Convention of 1827," Appendix X. 74-82 ; by 
Sir Thomas Christopher Banks, " Copies and Translations of 
the Royal Charters (Confirmed in Parliament) .... to 
the Right Honorable Sir William Alexander, Knight " (Lon- 
don, 1831), 1-9, with an English translation by "a Gentleman 
in London," 25-34; also by the same, " Baronia Anglica 
Concentrata," II. The Charter is printed entire from the 
" Great Seal Register" in " A Narrative of Law Proceed- 
ings," with an English translation (Edinburgh, 1836) ; 
also by the Bannatyne Club, David Laing, editor, "Royal 
Letters, Charters and Tracts, Relating to the Colonization 
of New Scotland, Etc., 1621-1638" (Edinburgh, 1867), 3-15. 
A translation of the Latin transcript of the Bannatyne Club 
was made by Rev. Carlos Slafter of Dedham, and printed 
by Edmund F. Slafter, editor, " Sir William Alexander and 
American Colonization" (Prince Society, 1873), 127-148; a 
translation is reprinted from John Palairet, "Description 
of P]nglish and French Possessions in North America," by 
William D. Williamson, "The History of the State of 
Maine" (Hallowell, 1832), I. Appendix 2, 655-657. 

The text adopted for this compilation is the English 
translation printed by Sir Thomas Banks. 

Text. 

James, by the Grace of God, of Great Britain, France 
and Ireland, King &c., and Defender of the Faith. To all 
good men of all his territories, clergy and laity, greeting. 
Know 3'e, that we have always been intent on embracing 
every occasion which might tend to the honour and advan- 
tage of our Kingdom of Scotland, 



TEURITOHIAL HISTOliY OF MAINK. 09 

for these causes, as well as on account of the faithful 
and acceptable service of our l)eioved Counsellor, Sir 
William Alexander, Knight to us rendered, and to be 
rendered, who, first of our subjects, at his own expense, 
endeavoured to plant this foreign colony, and sought out 
for colonization the divers lands circumscribed by the lim- 
its hereinafter designated. We, therefore, out of the opu- 
lence, prosperity, and peace of our natural .sul)jects of 
our said Kingdom of Scotland, as other foreign princes 
have heretofore done in such cases, with the advice and 
consent of our right well-beloved Cousin and Counselloi-, 
John, Earl of Mar, Lord Erskyn and Gareoch, &c., our 
High Treasurer, Comptroller, Collector, and Treasurer, of 
our new augmentations of this our kingdom of Scotland, 
and of the other Lords, our Commissioners, of the same our 
kingdom, have given, granted, and disposed, and, by the 
tenor of our present Charter, do give, grant, and dispose to 
the aforesaid Sir William Alexander, his heirs or assigns, 
whomsoever, hereditarily, all and singular the lands, conti- 
nents, and islands, situate and lying in America, within the 
cape or promontory, commonly called Cap de Sable, lying 
near the latitude of forty-three degrees, or thereabout, 
from the equinoctial line, northward, from which promon- 
tory, toward the coast, verging to the west, to the harbour 
of Sancta Maria, commonly called Sanctmareis Bay, and 
thence northward, traversing, by a right line, the entrance, 
or mouth of that great naval station which runs out into the 
eastern tract of the land between the countries of the 
Suriqui and Steehimini, commonly called Surequois and 
Stechimines, to the river conunonly called by the nanu' of 
Sancta Crux, and to the remotest source or fountain on the 
western side of the same, which first discharges itself into 
the aforesaid river, and thence, by an imaginary right line, 
which might be conceived to proceed through the land, or 



60 DOCUMENTS RELATING TO THE 

to run northward to the nearest naval station, river, or 
source, discharging itself into the great river of Canada, 
and proceeding from it by the sea shores of the same river 
of Canada, eastward to the river, naval station, port, or 
shore, commonly known and called by the name of 
Gathepe, or Gaspie, and thence south eastward to the 
islands called Baccaloes, or Cap Britton, leaving the same 
islands on the right, and the gulph of the said great river of 
Canada, or great naval station, and the lands of Newfound- 
land, with the islands pertaining to the same lands, on the 
left, and thence to the cape or promontory of Cap Britton 
aforesaid, lying near the latitude of forty-five degrees, or 
thereabout, and from the said promontory of Cap Britton, 
toward the south and west to the aforesaid Cap Sable, 
where the circuit began, including and comprehending 
within the said sea coasts, and their circumferences, from 
sea to sea, all lands, continents, with rivers, torrents, bays, 
shores, islands, or seas, lying near, or within six leagues to 
any part of the same, on the western, northern, or eastern 
parts of the coasts, and precincts of the same, and on the 
south-east {where Cap Britton lies,) and on the southern 
part of the same, (where Cap de Sable is,) all seas and 
islands towards the south, within forty leagues of the said 
sea coasts of the same, including the great island, commonly 
called Isle de Sable, or Sablon, lying towards the Carbas, 
south-south-east, about thirty leagues from the said Cap 
Britton, in the sea, and being in the latitude of forty-four 
degrees, or thereabout ; which lands aforesaid, in all time to 
come, shall enjoy the name of Nova Scotia, in America, 
which also the aforesaid Sir William shall divide into parts 
and portions, as to him may seem meet, and give names to 
the same, according to his pleasure ; 



TERRITORIAL HISTORY OF MAINE. 61 



MINUTES OF THE FIRST DIVISION OF THE GREAT 

PATENT FOR NEW ENGLAND, BY THE GREAT 

COUNCIL FOR NEW ENGLAND. 

jll- X' 1622. 

Sources. 

Although the first division of the Great Patent for New 

England, Ju"/4\ 1622, was never consummated it is here 
iriven entire because it throws liffht on the affairs of the 
Great Council. 

The Records of the Great Council for New England were 
transcribed under the direction of W. Noel Sainsbury from 
the notarial copy in Her INIajesty's Public Record Office, 
London, for S. F. Haven and were published ])y Charles 
Deane, editor, in American Antiquarian Societ}' "Proceed- 
ings," 1867. The discovery of the Carew MS. in 1875 fur- 
nished means of verification of certain portions which Mr. 
Sainsbury made use of for a careful revision of his earlier 
transcript. Mr. Sainsbury's work as editor of "Calendar 
of State Papers "is so accurate that his text is uniformly 
adopted in this collection in preference to the work of other 
transcribers. 

The First Division of the Patent was also published from 
the copy in the Public Record Office ])y John Alfred Poor, 
" A Vindication of Sir Ferdinando Gorges," (New York, 
1862), Appendix D, 123, 124. 

Text. 

Minutes of the Council of New England 
Wednesday ye 24'" of July 1622. The 
Earle of Arundel 1. Sr. Ferd : Gorges. Mr. 
Secretary Calvert. Sr. Sam' Argall. 

It is ordered and agreed that the Lord 
Duke of Lenox have for his devident and 



fi2 



DOCUMENTS RELATING TO THE 



Lord Dukes 
Devition 



Mr Secretary 
Cal verts 
Devedent. 



The Earl of 

Arundles 

Devidt 



Tenure of the 
grand pattent 



Tenure of private 
planters. 



Nova Albion 



part of the Mayne Land of New England in 
America, from ye middle of Sawahquatock 
towards Sagadahoc, and his bounds that way 
to reach mid way betweene Sawahquatock 
and Sagadahoc upon ye Coast. And to reach 
30 miles backward into ye Mayne. And 3 
Leagues into ye sea. 

Mr. Secretary Calvert to begin his devi- 
dent y^ middle of Sagadahoc and to goe close 
to y*^ Lord Duke his bounds. And to have 
further into his devident the Island called 
by ye name of Setquin. 

The Earle of Arundele to have for his 
devident from ye middle of Sagadahoc, and 
to goe northeast soe much on his side, as 
Mr. Secretary goes on y*^ other side upon y' 
Coast. And to reach miles backward into ye 
Mayne, and 3 leagues into ye Sea. And to 
have furter into his Devident y* Hand called 
Menehigan. 

It is propounded that ye Tenure in ye 
grand pattent is thought meet to bee held 
of ye Crowne of England by ye sword. 

And that private Planters shall hold of the 
Chamber of State to bee established there, 
and shall have power to create their owner 
Tenures to such as shall hold under them. 

The Country to be called Nova Albion. 
That there may bee power given in the 
grand pattent to create Titles of Honour and 
precedency soe as ye differ in nominacon 
from the titles used heere in Ensjland. 

M'. Rattcliffe is sent for by a Messinger of 
the Chamber to attend Earle of Arundell, to 



TERRITORIAL HISTORY OF MAINE. 



63 



Touching of the 
.staying of tbe 
limber. 



Two Islands re- 
served for publike 
plantacon. 



A place for the 
publike Citty. 



Touching; ye re- 
newing of the 
pattent. 



The Lord Dukes 
^evident. 



morrow hy two of ye clock, touching Timber 
stayd by his appointment in ye wood-s at 
White by. 

It is thought meet that the two great 
Islands lying in ye river of Sagadahoc bee 
reserved for the publike plantacon. 

Further that a place bee reserved be- 
tweenc the branches of the two rivers for a 
publike Citty. 

iVr Thompson is appointed to attend the 
Lords for a Warrant to M"" Attorney gcncrall 
for drawing ye new Pattents, and S"^ Henry 
Spilman is desired to attend M"^ Attorney 
thereabouts. 

The Lord Dukes and ye Earle of Arun- 
dells devidents, sett down by S"" Ferd : 
Gorges upon view of y® mapps. 

The Lord Duke of Lenox is to have for 
a part of his Devident of ye lands in New 
England, from the midst of the river called 
Sawahquatock 15 English Miles in a straight 
line upon the sea coast, to ye Eastward of 
ye River. And 30 English miles backward 
of all the breadth afore-sd upp into the 
Mayne Land, North or North and by west, 
as y* Coast and River of Sawahquatock lyeth, 
accounting 1760 yards to every mile, with 
all ye fishings, Bayes, Havens, Harbours 
and Islands lyeing or being within 9 miles 
directly into ye sea (Excepting such Island, 
as are allready granted etc. All lyeing be- 
tweene the degrees of 43 and 44 etc.) 

The Earl of Arundell to have for a part 
of his devident from ye Southermost poynt 



64 DOCUMENTS RELATING TO THE 

of Pethippscott East 12 Miles in a straight 
lyne as the coast lyeth on ye sea shoare. 
And 30 miles by all that breadth upp into 
the Mane Land due North, accounting 1760 
yards to every mile, with all ye Fishings, 
Havens, Islands, etc. Lying and being within 
9 miles directly into the sea, etc. Together 
with ye Islands of Menehiggan etc. All lye- 
ing betweene the Degrees of 43 & 44. 



The Earle of Arun- 
dles Devidt. 



XI. 

GRANT OF THE PROVINCE OF MAINE BY THE GREAT 
COUNCIL OF NEW ENGLAND. 

August 10/20, 1622. 

Sources. 

The original grant of the Province of Maine to Sir Ferdi- 
nando Gorges, and John Mason, Esq., August 10/20, 1622, 
is in the "Colonial Entry Book," 59, 101-108, Public Record 
Office, London. 

The text adopted is that of John Alfred Poor, " A Vindi- 
cation of the Claims of Sir Ferdinando Gorges" (New York, 
1862), Appendix D, 121-123, which is a transcript of the 
original record and is the source of all other reprints. 

His text has been copied by Nathaniel Bouton, D.D., 
" Documents and Records Relating to the Province of New 
Hampshire. Provincial Papers" (Concord, 1867), 1, 10-15. 
It is also found in John Ward Dean, editor, " Capt. John 
Mason, the Founder of New Hampshire" (Prince Society, 
1887), 121-123. 

It is interesting to note that the name " Province of 
Maioe" is first used in this document, and was inserted from 
that source in the royal charter issued in 1639 to Gorges ; 
otherwise the grant of 1622 had little influence on Maine 



TERKITOKIAL HISTORY (JF MAINE. 85 

history, althoiif^h .some of the early historians evidently con- 
fubed it with the Laconia grant of November 17/27, 1()20. 

Text. 

This Indenture made the 10"' day of August Anno Dom : 
1622, & in the 20"' yeare of the Reigne of our Sovereigne 
Lord lames by the grace of God Kingof England, Scothmd, 
France and Ireland, Defender of the Faith &c", Betvveene 
the President and & Councell of New England on y"" one 
part, & S"" Ferdinando Gorges of London, Knight, and Cap- 
taine John Mason of London Esquire on y*^ other part Witt- 
nesseth that whereas our said Sovereigne Lord King lames 
for the makeing a Plantacon & establishing a Colony or 
C/olonyes in y" country called or knowne l)y y*^ name of New 
England in America hath by his Highness Letters Patents 
under the great Scale of England bearing date at Westm"' : 
the 3'' day of Novembe'" in the 18"' yeare of his Reigne 
given granted and contirmed vnto the Right Honorable Lo- 
dowick Duke of Lenox George Marquiss of Buckingham, 
James Marquiss Hamilton, Thomas Earle of Arundell, Rob- 
ert Earle of Warwick, S"" Ferdinando Gorges Kn' and 
diverse others whose names are expressed in y^ said Letters 
Patents, their successors an<l assignes that they shalbe one 
Body Politique and Corporate perpetuall and that they 
should have perpetuall Succession & one Coinon Scale or 
Scales to serve for the said Body and that they and their 
Successors shalbe knowne called and incorporated by the 
name of the President & Councill established at Plymouth 
in the County of Devon for the planting ruling and govern- 
ing of New England in America. And also hath of his 
especiall grace certaine knowledge and meer motion for him 
his heyres and succcsso''^ : & given granted and contirmed 
vnto the said President and Councill and their Successo*^ 
under the rcservacons, limitacons and declaracons in the said 
Vol. I. 6 



66 DOCUMENTS RELATING TO THE 

Letters Patents expressed. All that part or porcon of that 
country now comonly called New England w'^'' is situate ly- 
ins: and beins: between the Latitude of 40 and 48 Degrees 
northerly Latitude together w*'' the Seas and Islands lying 
w"' in one hundred miles of any part of the said Coasts of 
the Country aforesaid and also all y*" Lands, Soyle, grounds, 
havens, ports, rivers, mines as well Royal mines of Gold 
and Silver as other mines minerals pearls and pretious stones 
woods, quaryes, marshes, waters fishings hunting, hawking 
fowling comodities and hereditaments whatsoever together 
w*'' all prerogatives jurisdictions royaltys privileges fran- 
chises and preheminences within any of the said Territoryes 
and precincts thereof whatsoever. To have hold possess 
and enjoy all and singular the said lands and premises in the 
said Letters Patent granted or men coned to bee granted 
unto y" said President and Councill their Successo" and 
assignes for ever to be holden of his Ma'^^ his heyres and 
successo""^ as of his highness Mano"^ of East Greenwich in the 
County of Kent in free and common Soccage and not in 
capite or by Kn^' service — Yeilding & paying to the King's 
Ma"® his heyers and successo'"^ the one fifth part of all Gold 
and Silver oare that from time to time and att all times from 
the date of the said Letters Patents shall be there gotten 
had or obtayned for all services dutyes or demands as in & 
by his highnes said Letters Pattents amongst other divers 
things therein contayned more fully and at large it doth 
appeare. And whereas the said President & Councill have 
upon mature deliberacon thought fitt for the better furnish- 
ing and furtherance of the Plantacon in those parts to ap- 
propriate and allot to severall and particuler persons diverse 
parcells of Lands within the precincts of the aforesaid 
granted p''misses by his Ma*' said Letters Patents. Now 
this Indenture witnesseth that ye s*^ President and Councill 
of their full free and mutuall consent as well to the end that 



TERKITOJUAL IIISTOUY OF MAINE. 67 

;ill the Liuuls, woods, lakes, rivers, wjit(;rs, Islands and 
fishings \v"' all other the Traflfiques proffits & coniodityes 
whatsoever to them or any of them belonging and hereafter 
in these presents menconed may he wholly and intirely in- 
vested appropriated severed and settled in and upon y'' said 
S' Ferdinando Gorges & Cap' lohn Mason their heyres and 
assignes for ever as for diverse special! services for the ad- 
vanceni' of the s'' Plantacons and other good and sufficient 
causes and consideracons them especially thereunto moveing 
have given granted bargained sould assigned aliened sett 
over enfeotfed & confirmed — And by these presents doe 
give grant bargaine sell assigne alien sett over and confirme 
unto y^ s'' S"" Ferdinando Gorges & Cap' lohn Mason their 
heirs and assignes all that part of y® maine land in Xcw 
England l^'ing vpon y*" Sea Coast betwixt y'' rivers of Meri- 
mack & Sagadahock and to y^ furthest heads of y^ said 
Rivers and soc forwards up into the land westward untill 
threescore miles be finished from y^ first entrance of the 
aforesaid rivers and half way over that is to say to the midst 
of the said two rivers w*^'' bounds and limitts the lands afore- 
said togeather w"' all Islands and Isletts w"" in five leairues 
distance of ye premisses and abutting vpon y** same or any 
part or parccU thereoff. As also all the lands, soyle, 
grounds, havens, ports, rivers, mines, minerails, pearls, 
pretious stones woods quarreys marshes waters fishings 
hunting hawking fowling and other comodityes and hinedi- 
tam'* whatsoever w"' all and singular their apurtenances to- 
gether w"' all prerogatives rights royaltyes Jurisdictions 
privileges franchises libertyes preheminences marine power 
in and vpon y*^ said seas and rivers as alsoe all escheats and 
casualtyes thereof as flotson jetson lagon w"' anchorage and 
other such dutyes immunityes sects isletts and apurtenances 
whatsoever w"' all ye estate right title interest chiiiue and 
demands whatsoever w'''' y'' said President and Councell and 



68 DOCUMENTS RELATING TO THE 

their successo" of right ought to have or'claime in or to y® 
said porcons of lands rivers and other y*' premisses as is 
aforesaid by reason or force of his highnes said Letters 
Patents in as free large ample and beneficiall maner to all 
intents constructions and purposes whatsoever as inland by 
the said Letters Patents y® same are among other things 
granted to y^ said President and Councell afores*^ Except two 
fifths of y^ oare of Gold and Silver in these pnts hereafter 
expressed w'^'^ said porcons of lands w*'' y'' appurtenances 
the said S"" Ferdinando Gorges and Capt lohn Mason w**" 
the consent of y^ President & Councell intend to name y® 
Province of Maine To have and to hould all the said por- 
cons of land, Islands rivers and premises as aforesaid and 
all and singler other y^ comodytyes and hereditam*' hereby 
given granted aliened enfeoffed and confirmed or menconed 
or intended by these presents to be given aliened enfeoflTed 
and confirmed or menconed or intended by these presents 
to be given granted aliened eufeofi*ed and confirmed w**^ all 
and singuler y*^ appurtences and every part and parcell 
thereof unto y^ said S"" Ferdinando Gorges and Capt lohn 
Mason their beyres and assignes for ever, to be holden of 
his said Ma"''^ his heyres and successo" as of his Highnes 
Mano' of East Greenwich in ye County of Kent in free and 
common Soccage and not in capite or by Kn'' service. 
Neverthelesse w^*' such exceptions reservacons limitacons 
and declaracons as in y^ said Letters Patents are at large 
expressed yeilding & paying unto our Soveraigne Lord the 
King his heyres & successo""' the fifth part of all y'^ oare of gold 
and silver that from time to time and att all times hereafter 
shall be there gotten had and obtayned for all services 
dutyes and demands. And alsoe yieldmg and paying unto 
the said President and Councill and their Successors yerely 
the sum of Tenn shillings English money if it be demanded. 
And the said President and Councill for them and their 



TERRITOKIAL HISTORY OF MAINE. 69 

Succesao" doe covenant and grant to and w*" the said S' Fer- 
dinando Gorges and Capt. lohn Mason ther heires and 
assignes from and after the ensealing and delivery of these 
presents according to y* purport true intent and meaning of 
these presents that they shall from henceforth from time to 
time for ever peaceably and quietly have hold possess and 
enjoye all y*-" aforesaid Lands Islands rivers and premises w^'' 
y* appurtenances hereby before given and granted or men- 
coned or intended to be hereby given and granted and every 
part & parcell thereof w'^ out any lett disturbance denyall 
trouble interrupcon or evicon of or by y*" said President and 
Councill or any person or persons whatsoever claiming by 
from or under them or their successo" or by or under their 
estate right title or Interest. And y® said President and 
Councill for them and their Successo'' doe further Covenant 
and grant to & w"' y'' said S' Ferdinando Gorges & Capt. 
lohn Mason their heyres and assignes by these presents that 
they y* said President and Councill ^shall at all times here- 
after vpon reasonable request at y^ only proper cost and 
charges in the Law of y*' said S*" Ferdinando Gorges & Capt. 
lohn Mason their heyres and assignes doe make performe 
sufier execute and willingly consent unto any further act or 
acts conveyance or conveyances assurance or assurances 
whatsoever for y^ good and perfect investing assuring and 
conveying and sure making of all the aforesaid porcons of 
Lands Islands rivers and all and singuler their appurtences 
to y' said S"" Ferdinando Gorges and Capt. lohn Mason their 
heyres and assignes as by them their heyres and assignes or 
by his their or any of their Councill learned in y'' Law shall 
bee devised advised or required. And further it is agreed 
by and between the said partycs to these presents and y* 
said S' Ferdinando Gorges and Captaine lohn Mason for 
them their heyres executors administrators and assignes doe 
covenant to and w'" y*" said President and Councill and their 



70 DOCUMENTS RELATING TO THE 

successo'^ by these presents that if at any time hereafter 
there shall be found any care of gold and silver within y* 
ground in any part of y*^ said premises that then they y*^ 
said S"" Ferdinando Gorges and Capt. lohn Mason their 
he3n-es and assignes shall yield & pay vnto y* said President 
and Councill their successo''* and assignes one fifth part of 
all such gold and silver oare as shall be found within and 
vpon y"" premises and digged and brought al)ove ground to 
be delivered above ground & that always within reasonable 
and convenient time it it be demanded after v^ finding get- 
ting and digging vp of such oare as aforesaid w^^out fraud 
or covin and according to y*" true intent and meaning of 
these Presents. And y*" s*^ S' Ferdinando Gorges and Capt. 
lohn Mason doe further covenant for them their heyres and 
assignes that they will establish such government in y^ s*^ 
porcons of lands and Islands granted unto them and y^ 
same will from time to time continue as shall be agreeable 
as nere as may be to y*^ Laws and Customs of y** realme of 
England, and if they shall be charged at any time to have 
neglected their duty therein that then they will reforme the 
same according to y*^ directions of the President and Coun- 
cill or in defaulte thereof it shall be lawfull for any of y^ 
agrieved inhabitants or planters being tenn*' vpon y^ said 
Lands to appeale to y** Chief Courts of Justices of y* Presi- 
dent and Councill. And y'^ s'' S' Ferdinando Gorges and 
Capt. lohn Mason doe covenant and grant to and w"' y^ said 
President and Councill their successo''' & assignes by these 
presents, that they y" said S"^ Ferdinando Gorges and Capt. 
lohn Mason shall and will before y^ expiracon of three years 
to be accompted from y'' day of y*' date hereof have in or 
vpon the said porcons of lands or some p* thereof one part 
with a competent guard and ten famillyes at y*^ least of his 
Ma''*"^ resident and being in and vpon y® same premises or 
in default thereof shall and will forfeite and loose to the said 



TERKITOKIAL HISTORY OF MAINE. 71 

President & Councill the sum of one hundred sterling 
money and further that if y' said S' Ferdinando Gorges and 
Capt. lohn Mason their heyres and assignes shall at any 
time hereafter alien these premises or any part thereof to 
any forraigne nations or to any person or persons of any 
forraigne nation without y^ speciall lieense consent and 
ao^reement of v*" said President and Councill their successo" 
and assigns that then y"' part or parts of the said lands so 
alienated shall immediately returne back again to y^ use of 
y'^ said President and Councill. And further know ye that 
y^ said President and Councill have made constituted de- 
puted authorized and appointed and in their place & stead 
doe put Capt. Rob' Gorges or in his absence to any other 
person that shall be their Governo'' or other officer to be 
their true and lawful 1 attorney and in their name and stead 
to enter the said porcons of Lands and other the premises 
w"* their appurtences or into some part thereof in y* name 
of y** whole soe had and taken there for them and in their 
names to deliver the full and peaceable possession and 
seizin of all and singuler the said granted premises unto y* 
said S"" Ferdinando Gorges and Capt. John Mason or to 
their certaine attorney or attorneys in that behalf according 
to y'' true intent and meaning of these presents, ratifying 
confirm inir all and allowing and whatsoever their said attor- 
ney shall doe in or about y* premises by these presents. In 
Witnesse whereof to one part of these present Indentures 
remaining in the hands of S"" Ferdinando Gorges and Cap- 
taine John Mason the said President and Councill have 
caused their comon scale to be affixed and to the other of 
these present Indentures remaining in the custody of the 
said President and Councill the said S"" Ferdinando Gorges 
8c Capt. John Mason have put to their hands and scales. 
Given y^ day and yeare tirst al)ove written. 



72 DOCUMENTS RELATING TO THE 



XIL 

MEMORANDUM OF THE GRANT TO CHRIS- 
TOPHER LEVETT. BY THE GREAT 
COUNCIL FOR NEW ENGLAND. 

May 5/15, 1623. 

Sources. 

For the grant of six thousand acres of land to Chris- 
topher Levett, by the Great Council, May 5/15, 1623, no 
documentary evidence has yet been found beyond the meager 
"memorandum" in the "Records of the Great Council" 
and in the " Calendar of State Papers," I. 45 ; contemporary 
writers, however, add a little more to our knowledge of 
Levett's connection with the early history of Maine. Sam- 
uel Maverick in "A Description of New England" in " New 
England Historical and Genealogical Register" (1885), p. 
35, describes the grant in terms which are nearly identical 
with the memorandum of the Great Council ; Edward 
Godfrey includes the grant (No. 15) in his " Cattalogue of 
Such Pattentes as I know granted for making Plantacons 
in New England." A fuller account is Christopher Levett's 
own work, "A Voyage into New England Begun in 1623, 
and ended in 1624" (London, 1628). The Conway Let- 
ters, transcribed from the MSS. in the Public Record Of- 
fice, London, and published by the Massachusetts Historical 
Society, "Proceedings" XX., state that Levett was 
appointed " councillor " for New England; moreover, that 
he purposed to erect a city, which was to bear the name of 
his native city, York. 

These, and many other facts which throw light on the 
history of Levett at Portland have been collected and 
published by James Phinney Baxter, editor, " Christopher 
Levett, of York, the Pioneer Colonist in Casco Bay," 
Gorges Society (Portland, 1893). 

Political circumstances prevented the success of Levett's 
plans, and House Island in Casco Ba}^ where he built 
a house in 1624 was the only part of the grant which he 



TERRITORIAL HISTORY OF MAINE. 73 

occupied. There is, however, no doubt but Levett was the 
first P^noflish owner of the soil where George Cleeve tbuii<led 
Fahnouth on the site of the present city of Porthind. 

Maverick says Levett's patent was purchased by the 
Company of Plymouth Adventurers, in ^.X^V^* 163^; after 
the final division of the Great Patent Gorges conveyed the 
territory by deed to Cleeve and Tucker, "York Deeds," 
I, Part II, fol. 4, by whom it was held notwithstanding 
various controversies. 

The brief memorandum here printed is from the text of 
W. Noel Sainsbury, " Records of the Great Council," 
Charles Deane, editor, American Antiquarian Society, 
*' Proceedings," 1867, 94. 

Text. 

Memorand 

In consideracon of a Statute given by M' Christopher 
Levitt, Esq"' for £110, to bee a principall pattentee, rrout 
p' Statute, It is ordered that a grant bee made unto M' 
Levitt for 6000 Acres of \ji\m\, proiU, &c. This grant was 
drawne by S"" Henry Spehnan and signed j^rou^ &c. 



XIII. 

SECOND DIVISION OF THE PATTENT FOR NEW 

ENGLAND BY THE GRP:AT COUNCIL 

FOR NEW ENGLAND. 

fuS 'I 1623 

Sources. 

The second division of the Great Patent of Now Kng- 
land was made at Whitehall, in the King's presence, Sunday, 
JX"^^, 1623. The records of the Great Council state, '' for 
that some of the adventurers excuse their non-payment in 
of their adventures because they know not their shares for 
which they are to pay, which much prejudiceth the proceed- 
ings, it is thought that the land be divided " 



74 DOCUMENTS RELATING TO THE 

The division was never consummated but it has a sreo- 
graphical importance in connection with the early maps of 
New England where the divisions were marked according 
to the lots. The records say that the territory was "di- 
vided according as the division is made in the plot remain- 
ing with Dr. Goche." 

"Capt. John Smith " Generall Historic" (1624), says 
New England was " at last engrossed by twenty patentees, 
that divided my map into twenty parts and cast lots for 
their shares," Sir William Alexander first published the 
map of New England with the portions and names of the 
proprietors. Lescarbot had published a map in 1612 which 
Sir William Alexander's more nearly resembles than 
Smith's; his own, however, is more accurate. Sir William 
Alexander, "Encouragement to Colonies" (London, 
1624) ; and in 1630 under a new title-page, but the same 
impression, " The Map and Description of New England." 

The map entire or in part has been many times reprinted, 
first, in part by Samuel Purchas, " His Pilgrimes " (Lon- 
don, 1624), 1876 ; entire by John Wingate Thornton, " The 
Landing at Cape Ann" (Boston, 1854) ; by Samuel G. 
Drake, " Founders of New England " (Boston) ; David 
Laing, editor, "Royal Letters, Charters and Tracts" 
(Edinburgh, 1867) ; Prince Society Publications, Edmund 
F. Slafter, editor, " Sir William Alexander and American 
Colonization," heliotype facsimile, and elsewhere. 

For the division itself the records for the day of drawing 
the lots were missing from the rolls in the Public Record 
Ofiicc, but were supplied by Mr. Sainsbury in 1875 from 
the newly discovered Carew MS., now believed to be the 
original records of the Great Council for New England. 

The text adopted is that made under the direction of Mr. 
Sainsbury. 

Text. 

Att Greenwich. 

Sundaie 29° Junii 1623 i 

There were presented to the Kings most excellent Ma"® a 
Plott of all the coasts and lands of New England, devided 

> Proceedings American Antiquarian Society, 18G7, 9G; cf. do. 1875, 49; properly 
June 28, Saturday . 



TERRITORIAL HISTORY OF MAINE. 75 

into twenty parts each part contcyning two shares, And 
twenty lotts eonteyning the said double shares make upp in 
little hales of wax, and the names of twenty Pattentees by 
whom these lots were to be drawne. And for that the 
Lord Duke of Buckingham was then absent, his Ma"'' was 
gratiously pleased to drawe the tirst lott in his Graces be- 
half, which conteyned the eight nuniber or share. And the 
rest of the lotts were drawne as followeth : 
The Lord Duke of Richmond for himself the nunibor of 6 
The Earl of Arundle and Surrey 20 

For the Lord Keep, drawne by His Ma"'= 17 

The Earl of Middlesex 13 

The Earl of Warwick 7 

The Earl of Holdernes 14 

The Earl of Garble 18 

For the Lord Sheffield, drawne by Sir John Bouchier 12 
For the Lord Gorges drawne by the Kinges Ma''*^ 3 

For Sir Robert Mansell drawne by Sir Samuell Argall 15 
Sir P^erdinando Gorges 19 

Sir Alleyn Apsley 10 

For Sir Henry Spelman drawne b}' the Lord Duke of 

Richmond 11 

Sir Samuell Argall 2 

Sir William Bellasys 16 

Doctor Barnabe Goche 1 

For Doctor Matthewe Sutcliffe drawne b}'^ Doctor Goche 4 
For Cap' Thomas Love drawne by Sir Sam Argall 9 

For M"" Abraham Jenings drawne by Sir Sam. Argall 5 

[The Lord Duke of Buckingham drawn by his Ma"" as 

above] 8 



76 DOCUMENTS RELATING TO THE 



XIV. 

EXTRACTS FROM THE NOVODAMUS CHARTER OF 
NOVA SCOTIA BY CHARLES I. OF ENGLAND. 

July 12/22, 1625. 

Somxes. 

The so-called Novodamus Charter of Nova Scotia, 
issued to Sir William Alexander by Charles I., July 12/22, 
1625, is little more than a confirmation of the charter of 
James I., September 10/20, 1621. The boundaries of ter- 
ritories which were reaffirmed in nearly the same terms as 
the previous grants are here omitted. The preamble, which 
oives a good idea of the motives for encouraofino; coloniza- 
tion is inserted, also the novodamus clause which incorpo- 
rates Nova Scotia with Scotland for the purpose of seisin. 
The charter was expressly designed to secure all rights and 
privilege which had become void through " non-entr}'." 

The orijT-inal text of the Novodamus Charter is in the 
" Great Seal Register," from which it was transcribed for 
Sir Thomas Christopher Banks, "Copies and Translations 

of the Royal Charters, (confirmed in Parliament) 

to the Right Honorable Sir William Alexander, Knight " 
(London, 1831), 11-23, translated " by a professional gen- 
tleman of Scotland," 5-18; by the same also, " Baronia 
Anglica Concentrata, II. ; again from the " Great Seal Reg- 
ister," " A Narrative of Law Proceedings" (Edinburgh, 
1836), with an English translation in the appendix, which 
has been reprinted by Edmund F. Slafter, editor, " Sir 
William Alexander and American Colonization " (Prince 
Society, 1873), 217-231; and by the Bannatyne Club, 
David Lalng, editor, "Royal Letters, Charters, and Tracts, 
Relating to the Colonization of New Scotland, &c. 
1621-1638" (Edinburgh, 1867), 27-45. An extract from 
the Novodamus Charter was printed from the records in the 
Plantation Office, Whitehall, with a French translation also, 
in " Memoires des Commissaires du Roi et ceux de sa Maj- 
este Britannique, sur les possessions et les droits respectifs 



TEKKITOIMAL I1I8TOKY OF MAINK. 77 

d(!S deux Couronncs en Aiiiericiue " (Paris, 1755), II., 22»)- 
275; reprinted by Ebenezer Hazard, " Historieal Collec- 
tions, Consisting of State Papers and Other Documents" 
(Philadelphia, 1792), I., 206-224. 

The text from which these extracts are reprinted is the 
translation used by Banks. 

Text. 

Charles, by the Grace of God, King of Great Britain, 
France, and Ireland, and Defender of the faith. To all good 
men of his whole land, clergy and laity. Greeting. Know y 
that we have always been intent to embrace every occasion 
that might tend to the honour and profit of our kingdom of 
Scotland, and have been of opinion that there is no acquisi- 
tion either easier or more unprejudicial than what may be 
made by conducting new colonies into foreign and unculti- 
vated realms, whei'C conveniences for life and food are suffi- 
cient, especially if either those realms were before destitute 
of cultivators, or were settled in by Infidels, whom it is of 
the greatest concern that they be converted to the Christian 
faith, to the glory of God ; but when both some other king- 
doms, and not long since, this our (kingdom of) England, 
have laudably imposed their names on new lands, acquired 
and subdued by them, considering how numerous and dense 
this people, by the Divine blessing, at this time, are, and 
how they may be diligently exercised in any honourable and 
useful employment, lest, from sloth and indolence, they de- 
cline into worse, it may be expedient, and we have reckoned 
it an object of estimation, that many of them should be con- 
ducted into a new country, which they may fill with colonies, 
who, both by readiness and alacrity of mind, and by strength 
and ability of body, ma}' dare to oppose themselves to what- 
soever difficulties beset other mortals any where. Wo thence 
judge this undertaking to be exceedingly suital)lc to this 
kingdom, which calls for the transportation of men only, 



78 DOCUMENTS KELATIMG TO THE 

and women, beasts of burthen, and corn ; not so of money ; 
and may not make a disadvantageous return for the mer- 
chandize of the kingdom itself, at this time, when trade is 
so diminished. For these causes, namely, and on account 
of the faithful and grateful service rendered, and to be ren- 
dered to us by our well-beloved Councillor, Sir William 
Alexander Knight, who, at his own expenses, the first 
of those of our countrj'', undertook the conducting of this 
foreign colony, and sought out divers lands, circumscribed 
within particular designed limits, to be inhabited. We, there- 
fore, of our royal care for the propagating of the Christian 
religion, and for promoting the opulence, prosperity, and 
))eace of our natural subjects of our said kingdom of Scot- 
land, as other foreign princes in the like cases heretofore 
have done, with advice and consent of our well-beloved 
Cousin and Councillor, John, Earl of Mar, Lord Erskyn 
and Garenoch, &c. our High Treasurer, Comptroller, Col- 
lector, and Treasurer of our new augmentations of this our 
kingdom of Scotland, and the remanent Lords our Commis- 
sioners of our said kingdom, have given, granted and dis- 
poned, and by our present charter give, grant, and dispone 
to the aforesaid Sir William Alexander, his heirs and 
assignees whatsoever heritably, all and sundry continents 

and islands, situate and lying in America 

And seeino; by reason of the greart 

remoteness and distance of the said country and lordship of 
Nova Scotia, from our said ancient kingdom of Scotland, 
both that the said country can neither easily nor convenient- 
ly be reached except in the summer time ; and that the said 
country is altogether destitute of public scriveners and 
notaries, requisite for taking seisins, so that seisin, at all 
times, cannot conveniently be taken on the ground of the 
said country ; and also, respect being had to the great and 



TERRITORIAL HISTORY OF MAINK. 70 

luaiiifold (lisadvjinlaj^'cs which may result, 1)\' (Icfault, of 
timely seisin being taken ui)on this present Patent, and upon 
other Charters, and similar infeftments granted, and to he 
granted, of the foresaid hmds and h)rdship of Nova Scotia, 
or any part thereof: Therefore that this, our present Char- 
ter, may l)e more etlectual, and that seisin thcreup may he 
more conveniently taken, it is necessary, that seisin of all 
and sundry the foresaid lands, of the said country and lord- 
ship of Nova Scotia, be taken within our said kingdom of 
Scotland, and on the grounds and lands of the same, in the 
most eminent place thereof, which can neither conveniently 
nor lawfully be done without an express union of the snid 
country and lordship of Nova Scotia to the said kingdom of 
Scotland : Wherefore, and for the advantage and readier 
convenience of the aforesaid seisin, we with advice foresaid, 
have annexed, united, and incorporated, and, by our pres- 
ent Charter, unite, annex, and incorporate with our said 
kingdom of Scotland all and sundry the foresaid country 
and lordship of Nova Scotia, with the teinds and teind 
sheaves thereof included, and all and sundry parts, perti- 
nents, privileges, jurisdictions, and liberties of the same, 
and others generally and specially above mentioned ; and, 
by our present Charter, will, declare, decern, and ordain, 
that one seisin, now to be taken at our Castle of Edinburgh, 
as the most eminent and principal place of our said kingdom 
of Scotland, of all and sundry the said lands, country and 
lordshij) of Nova Scotia, or any part of the same, with the 
teinds and teind sheaves thereof, included, respectively, is, 
and shall be sufficient seisin for all and whole the foresaid 
lands, country and lordship of Nova Scotia, with the teinds 
and teind sheaves thereof included, or any part of the said 
lands and countr} :iforesaid, and all the privileges, juris- 
dictions, and liberties thereof respectively, and others 



80 DOCUMENTS RELATING TO THE 

specially and generally above mentioned, notwithstanding the 
said lands, country, and lordship of Nova Scotia, are far 
distant and lie discontiguous from our said kingdom of 
Scotland : . . . 



XV. 

BROWN DEED AT PEMAQUID BY SAMOSET AND 
UNONGOIT, SAGAMORES. 

July 15/25, 1625. 

Sources. 

For the deed of land at Pemaquid to John Brown, by 
Captain John Somerset [Samoset] and Unongoit, Saga- 
mores, July 15/25, 1625, the best text is undoubtedly found 
in a somewhat rare pamphlet in the Massachusetts State 
Library, entitled "An Order of Both Branches of the Leg- 
islature of Massachusetts to Appoint Commissioners to 
Investigate the Causes of the Difficulties in the County of 
Lincoln; and the Report of the Commissioners Thereon, 
with the Documents in Support Thereof" (Boston, 1811), 
106, 107. A reprint of that text is found in John Wingate 
Thornton, "Ancient Pemaquid, An Historical Review," in 
"Maine Historical Society Collections," V., 191 ; also sepa- 
rately printed (Portland, 1857), 59, 60. Mr. Thornton says 
that the acknowledgment before Mr. Shurt entitles him to 
be considered " the father of American conveyancing." 
Another reprint is in John Johnston, "A History of the 
Towns of Bristol and Bremen in the State of Maine, Includ- 
ing the Pemaquid Settlement" (Albany, 1873), 54, 55. 

The deed was recorded at Charlestown, December 2'o, 
1720; in York County, August 3, 1739; and in Lincoln 
County, Lib. 74, fol. 6, June 12, 1810. 

Text. 

To all people whom it may concern. Know ye, that I 
Captain John Somerset and Unongoit, Indian sagamores, 



TERRITORIAL HISTORY OF MAINE. 81 

they being the proper heirs to all the lands on both sides of 
INIusfongus river, have bargained and sould to John Brown, 
of New-Harl)Our, this certain tract or parcel I of land as 
followeth, that is to say, beginning at Peniaquid Falls and 
so running a direct course to the head of New-Harbour, 
from thence to the south end of xMuscongus Island, taking 
in the island, and so running live and twenty miles into the 
country north and by east, and thence eight miles north- 
west and by west, to Peniaquid, where first begun — To all 
which lands above bounded, the said Captain John Somer- 
set and Unnongoit, Indian sagamores, have granted and 
made over to the above said John Brown, of New-Harbour, 
in and for consideration of fifty skins, to us in hand paid, to 
our full satisfaction, for the above mentioned lands, and we 
the above said Indian sagamores, do bind ourselves and our 
heirs forever, to defend the above said John Brown and his 
heirs in the quiet and peaceable possession of the above 
said lands. In witness whereunto, I the said Captain John 
Somerset and Unnongoit, have set our hands and seals, this 
fifteenth da}'^ of July, in the year of our Lord God, one 
thousand six hundred and twenty-five. 

Captain John Somerset^ (his mark and a seal.) 

Unnongoit^ (his mark and a seal.) 
Signed and Sealed in 

presence of us, 

Matthew Newman, 
William Cox. 

July 24, 1626. Captain John Somerset and Unnongoit, 
Indian sagamores, personally appeared, and acknowledged 
this instrument to be their act and deed, at Pemaquid, 
before me. 

Abraham Shurt. 



Vol. I. 



82 DOCUMENTS RELATING TO THE 



XVI. 

EXTRACTS FROM THE CHARTER OF CANADA 

TO SIR WILLIAM ALEXANDER, BY 

CHARLES I. OF ENGLAND. 

February 2/12, 1628/9. 

Sources. 

The charter in favor of Sir William Alexander " of the 
Country and Lordship of Canada in America," which was 
issued by Charles I. of England, February 2/12, 1628/9, 
extended the bounds of his territory to the Gulf of Cali- 
fornia, with full and absolute power of jurisdiction. The 
original Latin text, with the other royal charters to Sir 
William Alexander, is in the " Great Seal Register"; from 
that source it was first printed in "A Narrative of Law 
Proceedings" (Edinburgh, 1836), with an English transla- 
tion in the appendix, which was reprinted by Edmund 
F. Slafter, editor, " Sir William Alexander and American 
Colonization" (Prince Society, 1873), 239-249. It was 
reprinted again from the " Register" by Sir Thomas Chris- 
topher Banks, "Copies and Translations of the Royal 
Charters (Confirmed in Parliament) . . . to the Right 
Honorable Sir William Alexander Knight" (London, 1831), 
1-5, with translation by a "professional gentleman in Scot- 
land," 19-23 ; also by the Bannatyne Club, David Laing, 
editor, "Royal Letters, Charters and Tracts, Relating to 

the Colonization of New Scotland, etc 1621- 

1638" (Edinburgh, 1867), 46-51. 

The extracts reprinted in this compilation are from the 
text of Sir Thomas Banks. 

Text. 

Charles by the Grace of God King of Great Britain, 
France and Ireland, and Defender of the Faith. To all 
good men of his whole land, clergy and laity, greeting ; 



TERRITORIAL HISTORY OF MAINE. 83 

Know ye, that we, beino^ perfectly mindful by what engage- 
ment our faithful and well-beloved Councillor, Sir William 
Alexander of Menstrie, Knight, our Principal Secretary 
for our kingdom of Scotland, and Hereditary Lieutenant 
of our country and dominion of Nova Scotia in America, 
has sustained great charges and expenses in his various 
undertakings, in the providing of ships, engines of war, 
ordnance and munitions, in the conducting of colonies ; as 
also, in exploring, settling and taking possession of the 
said country ; and, whereby, he, and our other subjects, 
who alongst with him were to find a settlement in the said 
country, might be assisted for the further diffusion of the 
Christian religion, in those parts of our dominions, its 
propagation therein, and the expected revealing and discov- 
ery of a way or passage to those seas, which lie upon 
America on the west, commonly called the South Sea, from 
which the head, or source of that Great River or Gulf of 
Canada, or some river flowing into it, is deemed to be not 
far distant ; and since by the example already exhil)ited by 
the said Sir William in the exploring and settling of the said 
country of Nova Scotia terminating at the foresaid Gulf and 
River Canada, he has proposed establishments by him in 
those parts of the plantation which seem to be favourable 
to the propagation of the said religion, and tending only to 
the great honour and profit of our ancient kingdom of" 
Scotland, whence it may come to pass that the said colonies 
to be planted by him and his successors, may by this means 
in process of time discover the foresaid way or passage to 
the said seas, nmch hitherto, for very weighty considera- 
tions, desired and so often by various persons undertaken. 
Therefore, and for exciting the more earnest resolutions of 
the said Sir William, his heirs, assignees, portionors and 
associates, to further progress in such and so great an enter- 
prise, we have given, granted and 



84 DOCUMENTS RELATING TO THE 

disponed, and by our present charter, give, grant, and dis- 
pone to the foresaid Sir William Alexander, his heirs and 
assignees, heritably, for ever, all and sundry islands within 
the Gulf of Canada, lying between Nova Scotia and New- 
foundland, at the mouth and entrance of the great river 
Canada aforesaid, where it falls and enters into the said 
Gulf (including therein the great island Anticosti). Also 
we have given, granted, and disponed, and by our present 
charter, give, grant, and dispone to the beforenamed Sir 
William Alexander, all and sundry islands, lying within the 
said river Canada, from the said mouth and entrance, up to 
the head, fountain and source thereof, wheresoever it be, or 
the lake whence it flows (which is thought to be towards 
the Gulf of California, called by some the Vermilion Sea,) 
or within any other rivers flowing into the said river Canada, 
or in whatsoever lakes, waters, or arms of the sea, through 
which either the said great river Canada, or in whatsoever 
lakes, waters, or arms of the sea, through which either the 
said great river Canada, or any of the said other rivers pass, 
or in which they discharge themselves. And further we 
have given and granted, and by our present charter, give 
and grant to the foresaid Sir William, and his foresaids, 
fifty leagues of bounds on both sides of the foresaid river 
Canada, from the said mouth and entrance, to the said head, 
fountain, and source thereof; also on both sides of the said 
other rivers flowing into the same ; as also on both sides of 
the said lakes, arms of the sea, or waters through which any 
of the said rivers have their course, or in which they termi- 
nate ; and in like manner we have given and granted, and, 
by our present charter, give and grant to the foresaid Sir 
William Alexander, and his foresaids, all and whole the 
bounds and passages, as w^ell in waters as on land, from the 
foresaid head, fountain or source of (the river) Canada, 
wheresoever it is, or from whatsoever lake it flows, down to 



TERRITORIAL HISTORY OF MAINE. 85 

the foresaid Gulf of California, whatsoever the distance shall 
be found to be, with fifty leagues altogether on ))oth sides 
of the said passage, before the said head of (the river) 
Canada, and Gulf of California ; and likewise all and sundry 
islands lying within the said Gulf of California ; as also, all 
and whole the lands and bounds adjacent to the said Gulf, 
on the ^^'"est and South, whether they be found a part of 
the continent or main land, or an island (as it is thought 
they are) which is commonly called and distinguished by 
the name of California. Moreover we have given and 
granted, and by our present charter, give and grant, and 
for us and our successors, with advice and consent foresaid, 
perpetually confirm to the foresaid Sir William Alexander, 
his heirs and assignees whatsoever, heritably, all and sundry 

other lands bounds, <S;c that shall be 

found concjuered or discovered at any further time by him 
or his successors, their partners, associates, or others in 
their name, or having power from them, upon both sides of 
the whole bounds and passages foresaid, from the mouth and 
entrance of the said river Canada, where it discharges itself 
into the said Gulf of Canada, to the said Gult of California, 
or the islands in the seas thereto adjacent, which are not yet 
really and actually possessed by others, our subjects, or the 
subjects of any other Christian Prince, or constituted Orders 
in alliance and friendship with us, with full and absolute 
power to him the said Sir William Alexander, and his 
foresaids, (and to no others,) their stewards, &c. 



86 DOCUMENTS RELATING TO THE 



XVII. 

EXTRACTS FROM THE CHARTER OF MASSACHU- 
SETTS BAY, BY CHARLES I. OF ENGLAND. 

March 4/14, 1628/9. 

Sources. 

The Charter of Massachusetts Bay, sometimes called the 
" ColoDy Charter," was issued by Charles I. to the Governor 
and Company of the Massachusetts Bay in New England, 
March 4/14, 1628/9. 

The charter was brought to Massachusetts by Governor 
Winthrop in 1630, and is now in the custody of the 
Secretary of State for Massachusetts. John Eudicott had 
brought with him to Salem in 1629 a duplicate charter which 
is in the Salem Athenaeum. An engrossed copy on a 
parchment roll is in the Public Record Office, London. A 
transcript was prefixed to the " Records of the Governor 
and Company of the Massachusetts Bay in New England," and 
is in the printed edition (Boston, 1854), I., 3-20. 

The first printed copy was made from a " dupl. parchment " 
by " S. Green for Benj. Harris, at the London Cofi'ee 
House, near the Town House in 1689." As but few MS. 
copies existed Governor Hutchinson feared the charter might 
be irrecoverably lost, accordingly he printed it, from a copy 
attested by Governor Winthrop, in "A Collection of Orig- 
inal Papers, Relative to the History of the Colony of Mas- 
sachusetts Bay" (Boston, 1769), 1-23. Another early text 
is by John Almon, " The Charters of the British Colonies 
in America " (London, 1775), 48-66. A reprint of the 
Maduit copy is in " Masere Papers," " Occasional Essays 
on Various Subjects, Chiefly Political and Historical " (Lon- 
don, 1809), 65-92. It is in Ben; Perley Poore, "The 
Federal and State Constitutions, Colonial Charters and 
Other Original Laws of the United States of America " 
(Washington, 1877) , 932-942. The directors of Old South 
work have printed the charter entire in "Old South Leaf- 
lets" General Series, No. 7. A heliotype of one section of 



TERRITOKIAL HISTOUY OF MAINE. 87 

the original parchment is in the "Memorial History of 
Boston," I., 329. 

By a liberal interpretation of the northern limits of the 
colony, the Province of Maine fell under the jurisdiction of 
Massachusetts, after the death of Sir Ferdinando Gorges ; 
extracts relative to the hounds of Massachusetts Bay 
are accordingly included in this compilation from the 
♦* Massachusetts Records." 



Text. 

Charles by the Grace of God, Kingc of England, 
Scotland, Fraunce, and Ireland Defender of the Fayth &c. 
To ALL to whome theis presents shall come. Greeting. 
Whereas our most deare and royall father Kinge James, 
of blessed memory, by his Highnes letters-patents beareing 
date at Westminster the third of November in the eighteenth 
yeare of his raigne Hath given and graunted vnto the 
Councell established at Plymoth in the County of Devon, 
for the planting, ruling ordering and governing of Newe 
England in America, and to their successors and assignes 
for ever : All that parte of America lyeing and being in 
bredth from forty degrees of northerly latitude from the 
equinoctial lyne, to forty eight degrees of the saide 
northerly latitude inclusively and in length of and within all 
the breadth aforesaid through out the maiue landes from sea 
to sea ; together also with all the firme landes soyles 
groundes havens portes rivers waters fishing mynes and 
myneralls as well royal mynes of gould and silver as other 
mynes and mineralls precious stones quarries and all and 
singular other comodities jurisdiccons royalties priviledges, 
franchisis and prehemyneuces, both within the said tract of 
land vpou the mayne and also within the islands and seas 
adioining : 

Provided alwayes. That the saide islandos or any the prem- 
isses by the said letters-patents" intended and meant to 



88 DOCUMENTS RELATING TO THE 

be graunted were not then actuallie possessed or inhabited 
by any other Christian Prince or State nor within the 
boundes, lyraitts or territories of the Southerne Colony 
then before graunted by our saide deare father, to be planted 
by divers of his loveing subiects in the south partes To 
HAVE and to houlde possess and enioy all and singular the 
aforesaid continent, landes, territories, islandes, heredita- 
ments and precincts seas 

And whereas the saide Councell established at 
Plymouth in the County of Devon for the plantinge, ruling, 
ordering, and governing, of Newe England in America have 
by their deede, indented vnder their coinon seale, bearing 
date the nyneteenth day of March last past in the third 
yeare of our raigne given graunted, bargained, soulde, 
enfeoffed, aliened, and confirmed to Sir Henry Rosewell 
Sir John Young and Symon Whitcombe, their Heirs 
and associats forever, all that parte of Newe England 
in America aforesaid which lyes and extendes betweene a 
greate river there coilionlie called Mononiack alias Merrie- 
mack, and a certen other river there called Charles river, 
being in the bottome of a certayne bay there comonlie called 
Massachusetts abas Mattachusetts alias Massalusetts bay, 
and also all and singular those landes and hereditaments 
whatsoever, lyeing within the space of three English myles 
on the south parte of the said Charles River, or of any or 
everie parte thereof: And also all and singuler the landes 
and hereditaments whatsoever lyeing and being within the 
space of three English myles to the southwarde of the 
southermost parte of the saide bay, called Massachusetts, 
alias Mattachusetts alias Massatusets bay : and also all 
those landes and hereditaments whatsoever which lye and 
be within the space of three English myles to the northward 
of the said river called Monomack, alias Merrymack, or to 
the northward of any and every parte thereof: And all 



TEKRITOKIAL HISTOUY OF MAINE. 89 

landes and hereditaments whatsoever, lyehig within the 
lymitts atbrcsaidc north and south, in latitude and bredth, 
and in length and longitude, of and within all the Bredth 
aforesaide, throughout the mayne landes there, from the 
Atlantick and Westerne sea and ocean on the east parte, to 
the south sea on the west parte, and all landes and groundes, 
havens, portes, rivers, waters, fishings, and hereditaments 
whatsoever, lyeing within the said boundes and lymitts, and 
everie parte and parcell thereof: And also all islandes lyeing 
in America aforesaide, in the saide seas, or either of them, 
on the westerne or eastern coastes or partes of the said 
tractes of lande by the saide indenture mencoed to be given, 
graunted, bargained, sould, enfeoffed, aliened, and con- 
firmed, or any of them ; and also all mynes and myneralls 
as well royall mynes of gould and silver, as other mynes 
and myneralls whatsoeuer in the saide lands and premisses, 
or any parte thereof: Andall jurisdiccons, rights, royalties, 
liberties, freedomes, ymmunities, priviledges, franchises, 
preheminences, and coiuodities whatsoever, which they, 
the saide Councell, established at Plymouth, in the County 
of Devon, for the planting, ruling, ordering, and governing 
ot Newe England in America, then had or might vse, exer- 
cise, or enioy in and within the saide landes and premisses 
by the saide indenture mencoed to be given, graunted, 
bargained, sould, enfeoffed, and confirmed, or in or within 
any parte or parcell thereof. To have and to hould the 
saide parte of Newe England in America which lyes and 
extendes and is abutted as aforesaide, and every parte and 

parcell thereof 

. . . NowE knowe yee, that wee, at the humble suite 
and peticon of the saide Sir Henry Rose well. Sir John 
Younge, Thomas Southcott, John Humfrey, John Endocott, 
and Simon Whetcombe, and of others whome they have 
associated vnto them, Have, for divers good causes and 



90 DOCUMENTS RELATING TO THE 

consideracons vs moveing, graunted and confirmed, And by 
theis presents of our especiall grace, certen knowledge, 
and meere mocon, doe graunt and confirme vnto the saide 
Sir Henry Rosewell, Sir John Youuge, Thomas Southcott, 
John Humfrey, John Endecott, and Simon Whetcombe, 
and to their associatts hereafter named, (videlicet,) Sir 
Richard Saltonstall, knight, Isaack Johnson, Samuel Alder- 
sey, John Ven, Matthew Cradock, George Harwood, 
Increase Vassall, Theophilus Eaton, Thomas Gofie, Thomas 
Adams, John Browne, Samuell Browne, Thomas Hutchins, 
William Vassall, William Pinchion, and George Foxcrofte, 
their heires and assignes. All the said parte of Newe Eng- 
land in America, lyeing and extending betw^eene the boundes 
and lymitts in the said recited indenture expressed, . . 

To be holden of vs, our heires and successors, 

as of our manor of Eastgreenwich aforesaid, in free and 
comon Socage, and not in Capite nor by knights service, 
AND ALSO YEiLDiNG aud paying therefore to vs, our heires 
and sucessors, the tifte parte onlie of all oare of gould and 
silver, which, from tj^me to tyme, and att all tymes here- 
after, shalbe there gotten, had, or obteyned, for all services, 
exaccons, and demaunds whatsoever, according to the tenure 
and reservacon in the said recited indenture expressed. . . 
To the ende that the aftaires and buyssinesses 
which, from tyme to tyme, shall happen and arise concern- 
ing the saide landes and the plantation of the same, maie 
be the better mannaged and ordered. Wee have further 
hereby, of our especiall grace, certen knowledge, and meere 
mocon, given, graunted, aud confirmed, And for vs, our 
heires and successors, doe give, graunt, and confirme vnto 
our saide trustie and well beloved subiects. Sir Henry Rose- 
well, &c And for vs, our heires and 

successors, wee will and ordeyne, That the saide Sir Henry 
Rosewell, Sir John Yong, Sir Richard Salstonstall, Thomas 



TERRITORIAL HISTORY OF MAINE. 91 

Southcott, John Humt'rey, John Endicott, Synion Whet- 
combc, Isaiick Johnson, Samuell Aldersey, John Ven, 
Mathewe Cradock, George Harwood, Increase Noell, 
Kichard Pery, Bichard Bellingham, Nathaniell Wright, 
Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Browne, Samuell Browne, Thomas Hutchins, 
William Vassall, William Pinchion, and George I'oxcrofte, 
and all such others as shall hereafter be admitted and made 
free of the Company and Society hereafter mencoed, shall 
from tyme to tyme, and at all tymes for ever hereafter, be, 
by vertue of theis presents, one body corporate and poli- 
tique in fact and name, by the name of the Governor and 
Company of the Mattachusetts Bay in Newe England : And 
them by the name of the Governor and Company of the 
Mattachusetts Buy in Xewe England, one bodic politique 
and corporate in deede, fact, and name. AVee doe for vs, 
our heires and successors, make, ordeyne, constitute and 
contirme by theis presents, and by that name they shall 

have perpetuall succession : 

And avee doe further, for vs, our heires 

and successors, ordeyne and graunte to the said Governor 
and Company, and their successors, by theis presents. That 
theis our letters patents shalbe firme, good, effectuall, and 
availeable in all thinges, and to all intente and construc- 
cons of lawe, according to our true meaning herein before 
declared, and shalbe construed, reputed, and adiudged in 
all cases most favourablie on the behalf and for the benefitt 
and behoofe of the saide Governor and Company and their 
successors. 

Although expresse mencon of the true yearely value 
or certenty of the premisses, or of any of them, or of 
any other guiftes or grauntes by vs or any of our 
progeniters or predecessors to the foresaid Governor or 
Company before this time made, in theis presents is not 



92 DOCUMENTS RELATING TO THE 

made, Or any statute, acte, ordinnee, provision, proclama- 
con, or restrainte to the contrarie thereof heretofore had, 
made, published, ordeyned, or provided, or any other 
matter, cause, or thinge whatsoever to the contrarie thereof 
in any wise notwithstanding. In Witnes whereof, wee 
have caused theis our letters to be made patente. Witnes 
ourself at Westminster, the fourth day of March, in the 
fourth yeare of our raigne. 

Per Breve de Privato Sigillo. 

WOLSELEY. 

PRAEDICT' Matthaeus Cradocke Juratus est de Fide et 
Obedientia Regi et Successoribus suis, et de Debita Exequu- 
tione Officij Gubernatoris iuxta Tenorem P''sentium, 18° 
Martij, 1628. Coram me, Carolo Caesare, Milite, in Cancel- 
laria Mfo. 

[In his hand] CHAR. CAESAR. 

[Indorsed] A perpetuity graunted to Sir Henry Rose- 
well & others, of parte of Newe England in America. 

[in his hand] WOLSELEY. 



XVIII. 

TREATY OF SUZA, BETWEEN LOUIS XIII. OF FRANCE 
AND CHARLES I. OF ENGLAND. 

April 24 ,/>9q 
May 4' ^o^^- 

Sources. 

For the Treaty of Peace and Confederation between Louis 
XIII. of France and Charles I. of England, made at Suza 
in Piedmont, ^^y 4*5 1629, the earliest text is undoubtedly 



TERRITORIAL HISTORY OF MAINE. 93 

that of M. J. Dumont, "Corps Diploinutiquo," V., Part II. 
580, which was adopted by the French Commissioners, 
"Mcmoires des Commissaires du Koi et ceux de sa Majesty 
Britannique sur les possessions et les droits respectifs des 
deux Couronnes en Amerique " (Paris, 1755), II., 1-5. 
The text is also printed by Leonare, " Recuojl des Traites 
de Paix" (Paris, 1()92), V. ; and Ebenezer Hazard, " His- 
torical Collections, Consisting of State Papers and Other 
Documents" (Philadelphia, 1792), I., 319. An English 
translation is by John Kushworth, " Historical Collections" 
(London, 1680), II., 1629-1640, 25. No other English text 
having been found, that is the one adopted. 

Text. 

1. That the two Crowns shall remain agreed to renew 
the ancient Alliances betwixt them, and to keep the same 
inviolal)ly, opening again the Commerce sure and free. And 
concerning the said Commerce, if there is anything to be 
added or diminished about the same, it shall be done on both 
Parts freely and willingly, as it shall be thought convenient. 

2. And forasmuch as it should be difficult to make the 
restitution on the one and the other part of the divers Prizes, 
which during this War have bin taken, the two Crowns are 
agreed that there shall be made no Restitution. And there 
shall also not be granted any Reprisal by Sea, nor by any 
other ways whatsoever, for what is past between the two 
Kings and their Subjects during this last war. 

3. Concerning the Articles and Contract of the marriage 
of the Queen of Gi^eat Britain, the same are to be con- 
firmed faithfully. And as for the said Queen's Household, 
if there be anything to be added or diminished, it shall be 
done by mutual consent freely and willingly, as it may be 
judged fit and convenient for the service of the said Queen. 

4. All former and ancient Alliances both of the one and 
the other Crown, shall remain in their full force, they 
receiving no Alteration by the present Treaty. 



94 DOCUMENTS RELATING TO THE 

5. The two Kings being by this present Treaty reunited 
in the same good Affection and Intelligence where they were 
formerly in, shall imploy themselves, and endeavour mutu- 
ally to give Aid and Assistance unto their Allies and Friends, 
according as by the Constitution of Affairs, and by the 
advantage of a common Good shall be required and suffered. 
And all this to the end thereby to procure an entire Quiet- 
ness for Christendom ; for the good whereof the Ambassadors 
of the two Crowns shall receive Propositions and Overtures. 

6. All these things being re-established and accepted on 
the one and the other Part, there shall be sent reciprocally 
extraordinary ambassadors. Persons of Quality, with the 
Ratification of the present Agreements ; the which shall 
bring with them the denomination of Ordinary Ambassadors, 
that are to reside in the one and the other Royal Court, 
thereby to confirm again the Union, and to hinder all occa- 
sions that might trouble the same. 

7. And whereas there are yet many Ships abroad in the 
Sea with Letters of Mart, and Commission to fight against 
their Enemies, which cannot so soon have knowledge of this 
Peace, nor receive Order to abstain from all Hostility ; 
therefore it shall be agreed upon by Article, That whatso- 
ever shall be taken during the space of two months after the 
signature of this present Treaty, shall be restored on the 
one and the other side. 

8. The two Kings shall sign these present Articles on 
the 24'*^ day of the month of April, which shall afterwards 
be consigned and delivered at the very same time by their 
Commandments into the hands of the Lords Ambassadors 
of Venise, residing near their Royal Persons, to be mutually 
delivered to the said two Kings at their prefixed day, as 
soon as each of them shall have knowledg of the other that 
they have the said Articles in their hands, and from the day 
of the signature, all Acts of Hostility both by Sea and Land 



TERRITORIAL HISTORY OF MAINE. 95 

shall cease, and Proclamations needful to this effect shall be 
published upon one day within the two Kingdoms. Given, 
&c. 

His Majesty at the instance of the Queen, in regard of 
the Peace concluded between the two Crowns, is graciously 
pleased that certain Priests and Recusants, who then were 
in several Prisons, should be released, and delivered to the 
French Ambassador to be transported beyond Seas, not- 
withstanding any former Orders against such Releases and 
Deliverances. 



XIX. 

EXTRACTS FROM THE GRANT OF NEW HAMPSHIRE, 
BY THE GREAT COUNCIL FOR NEW HAMPSHIRE. 

November 7/17, 1629. 
Sources. 

For the grant of New Hampshire to Captain John Mason, 
November 7/17, 1629, an early transcript, which is the 
source of all printed texts, is in the Files, in the office of 
the Secretary of State for New Hampshire. It was first 
printed by Ebenezer Ilaziird, " Historical Collections, Con- 
sisting of State Papers and Other Documents " (Philadelphia, 
1792),!., 289-293; it is reprinted in Nathaniel Bouton, 
compiler, "Documents and Records, Relating to the 
Province of New Hampshire" (Concord, 1867), I., 21-26; 
New Hampshire Historical Society, " Collections," I., 304- 
310 ; Ben : Perley Poore, " The Federal and State Constitu- 
tions, Colonial Charters, and Other Organic Laws of the 
United States" (Washington, 1877), 1270-1273; and John 
Ward Dean, editor, " Capt. John Mason, the Founder of 
New Hampshire" (Prince Society, 1887), 183-189. 

The extracts relating to New Hampshire boundaries are 
from Hazard's text. 



96 DOCUMENTS RELATING TO THE 

Text. 

This Indenture, made the Seventh Day of November, 
Anno Domini One Thousand Six Hundred Twenty Nine, 
and in the Fifth Year of the Reign of our Sovereign Lord, 
Charles, by the Grace of God, King of England, Scotland, 
France, and Irehind, Defender of the Faith &c, &c. 
Between the President and Council of New-England, on 
the one Part, and Captain John Mason, of London, Esquire, 
on the other Party : Witnesseth, That whereas our late 
Sovereign Lord, of famous memory, King James, for the 
making of a Plantation, and establishing of a Colony or 
Colonys, in the Country called or known by the Name of 
New-England, in America, did by his Highness' Letters- 
pattents, under the Great Seal of England &c . . . . 

Give and Grant and confirm unto the Sir 

Ferdinando Gorges, Knight and divers others, whose Names 
are expressed in the said Letters-pa ttents, their Heirs and 
Assigns, that they shall be one Body Politick and Corporate 
perpetuall, and that they should have perpetuall Succession, 
and one Common Seal or Seals to serve for the said Body ; 
and that they and their Successors shall be known, called, 
incorporated by the Name of the President and Council, 
established at Plimouth, for the planting, ruling, and gov- 
erning of New-England, in America ; And also did of his 
especial Grace, certain Knowledge, and meer Motion, for 
Him, his Heirs and Successors, give, grant, and confirm 
unto the said President and Council, and their Successors, 
under the Reservations, Limitations, and Declarations, in 
the said Letters-patents expressed, all that Part and Portion 
of that Country, now commonly called New-England, which 
is situate, lying, and being between the Latitudes of Forty 
Degrees and Forty-Eight Degrees North Latitude &c . 

Now this Indenture Witnesseth, That the said 
President and Council, of their free and mutual Consent, as 



TERKITOKIAL HISTOHY OF MAINE. 97 

well as to the End, that all the Lands, VVoods Lakes, 
Rivers, Waters, Islands and Fishings, with all the Tratick, 
Profits, and Commodities whatsoever, to them or any of 
them belon^inor and hereafter in these Presents mentioned, 
may be wholly and entirely invested, appropriated, served, 
and settled, in and upon the said Captain John ^lason, his 
Heires and Assigns forever, as for divers special services 
for the Advancement of the said Plantation, and other good 
and sufficient Causes and Considerations them especially 
thereunto moving, have given, granted, bargained, sold, 
assigned, aliened, set over, enfeof, and confirmc unto the 
said Captain John Mason, his Heires and Assigns, all that 
Part of the main Land in New England, lying upon the 
Sea Coast, beginning from the middle Part of ^Merrimack 
River, and from thence to proceed northwards along the 
Sea Coast to Piscataqua River, and so forwards up within 
the said River, and to the furthest Head thereof, and from 
thence northwestwards, until three Score Miles be finished 
from the first Entrance of Piscataqua River, and also from 
Merrimack through the said River, and to the furthest head 
thereof, and so forwards up into the Land w^estwards until 
three Score Miles be finished ; and from thence to cross 
over all Islands and Islets within Five Leagues Distance of 
the Premisses, and abutting upon the same or any Part or 
Parcel thereof, as also all Lands, Soyles &c . . . . ; 
which said Portions of Lands with the Appurtenances, the 
said Captain John Mason, with the Consent of the Presi- 
dent and Council, intends to name New Hampshire. &c 

In Witness whereof to one part of this present Indenture, 
remaining in the hands of Captain John ^lason, the said 
President and Council have caused their Common Seal to 
be affixed ; and to the other Part of these present Indent- 
ures remaining in the Custody of the said President and 
Vol. I. 8 



98 DOCUMENTS RELATING TO THE 

Council, the said Captain John Mason hath put to his Hand 
and Seal, given the Day and Year first above written. 

A true Copy of the File in the Secretary's Oflace in New- 
Hampshire 

Attest Eben. Thompson, 

Secretary. 



XX. 

LACONIA PATENT, BY THE GREAT COUNCIL FOR 
NEW ENGLAND. 

November 17/27, 1629. 

Sources. 

In respect to the grant of the Province of Laconia to Sir 
Ferdinando Gorges and Captain John Mason, November 
17/27, 1629, the original document is, according to Jenness, 
in " Colonial Entry Book," 59, 115-121. 

The text adopted is the manuscript copy in the " Massa- 
chusetts Archives," III., 140-148, indorsed, "These are to 
certify that the foregoing is a true copy of the Original 
Entered upon record in the OflBce of the Lord's Commis- 
sioners for Trade and Plantations." It is the only source 
from which entire transcripts of the text have been made. 

The manuscript was transcribed by Charles Wesley Tuttle, 
the proof compared and corrected by Mr. William B. Trask, 
editor " Suflblk Deeds," and published by John Ward 
Dean, editor, " Capt. John Mason, the Founder of New 
Hampshire" (Prince Society, Boston, 1887), 189-197. 

Extracts transcribed from the original are given by John 
Scribner Jenness, "Transcripts of Original Documents in 
the English Archives, relating to the Early History of the 
State of New Hampshire" (New York, 1876), 3-7, and 
"The Isles of Shoals, an Historical Sketch" (New York, 
1875), second edition, Appendix II., 180-182. 



TERRITORIAL HISTORY OF MAINE. 99 

No settlements resulted from the Laconiii <^rant, ])ut the 
earlier historians confused it with the grant of the Province 
of Maine in 1622 ; for that reason the document is included 
in this compilation. 

Text. 

This Indenture made the seventeenth day of November 
Anno Dom. 1629 and in the fifth Year of the Reign of our 
Sovereign Lord Charles by the grace of God King of Eng- 
land Scotland France & Ireland Defender of the Faith &c 
Between the President and Councill of New England in the 
one party & S"" Ferdinando Gorges of London Kn' and Cap' 
John Mason of London Esq^ : on the other party — Wit- 
nesseth that whereas Our late sovereign Lord of famous 
memory King James for the making a Plantation and an 
establishing of a Colony or Colonys in the Country called 
or known by the name of New England in America did by 
his Highnesses Letters patent under the great Seal of Eng- 
land bearing date at Westminster the third day of November 
in the Eighteenth Year of his Reign, give grant & confirm 
unto the Right Hon'''* Lodowick Duke of Lenox George 
Marquis of Buckingham James Lord Marquis of Hamilton 
Thomas Earl of Arundell Robert Earl of Warwick S"" 
Ferdinando Gorges Kn' : and divers others whose Names 
are Expressed in the said Letters Patent their Heirs and 
Assigns that they shall be one body politicque and corporate 
perpetual and that they should have perpetual Succession 
and one Common seal or seals to serve for the said l)ody 
and that they and their Successors shall be known called 
Incorporated by the name of the president & Councill 
established at Plym° : for the planting ruling & governing 
of New England in America and also did of his sjiecial 
grace certain knowledge and mere motion tor him his heirs 
& Successors give grant & confirm unto the said president 
Si. Councill & their Successors under the reservations and 



100 DOCUMENTS RELATING TO THE 

limitations & declarations in the said Letters patent ex- 
pressed. All that part & portion of that Country now 
commonly called New England which is Situate lying and 
being between the latitude of Forty degrees & forty eight 
of Northerly latitude together with the Seas & Islands lying 
within one hundred Miles of any part of the said coast of 
the Country aforesaid And also all the Lands Soils grounds 
Havens Ports Rivers Mines as well Royal Mines of Gold 
& Silver and other Mines Minerals pearls and precious 
Stones Woods Quarrys Marshes Waters Fishing Hunting 
Hawking Fowling Commodytes & Hereditaments whatsoever 
together with all perogatives luridictions royalties, priva- 
leges Franchises and Preheminences within any of the said 
Territorys & Precincts thereof whatsoever. To have hold 
possess enjoy all and Singular the said Lands and premises 
in the said Letters patent granted or mentioned to be 
granted unto them the said president & Councill their 
Successors & Assigns for ever. To be holden of his 
Majesty his heirs & Successors as of his Highnesses manuor 
of East Greenwich in the County of Kent in free & Common 
Soccage and not in Capite or by Knights service Yealding 
and paying to his Majesty his Heirs & Successors the one 
fifth part of all Gold & Silver ore that from time to time and 
at all times from the date of the said Letters patent shall 
be there gotten had or Obtained for all services dutys or 
Demands as in and by his Highnesses said Letters patent 
amongst divers other things therein contained more full and 
at large it doth and may appear And whereas the said 
president and Councill have upon mature deliberation 
thought fit for the better furnishing & furtherance of the 
Plantation in those parts to appropriate & allot to Several 
and particular persons divers parcells of Lands within the 
precincts of the aforesaid granted premisces by his Majesty's 
said Letters patent. Now this Indenture Witnesseth that 



TERRITORIAL HISTORY OF MAINE. 101 

the said president & Councill of their full free and mutual 
consent as well to the end that all the Lands Woods Lakes 
loucks Rivers waters Islands & Fishings with all other the 
Traficks profits and comoditys whatsoever to them or any 
of them belonging & hereafter in these patents mentioned 
may be wholly and entirely invested appropriated severed 
& settled in and upon the said S' Ferdinando Gorges & 
Cap* lohn Mason, their Heirs and Assign's for ever as for 
divers special services for the advancment of the said Plan- 
tation and other good and suflScient causes and Considera- 
tions them especially thereunto moving have given granted 
bargain'd sold assign'd alienated sett over enfeofed & 
confirmd by these presents do give grant bargain sell 
assign alien sett over enfeofed and confirm unto the said S"^ 
Ferdinando Gorges & Cap* lohn their Heirs & Assigns 
and to their Associates and such as they shall allow of & 
take in to adventure & joyn with them in their Plantation 
traficks & Discoverys in the parts hereafter express'd and 
their Heirs & assign's according to contracts with them to 
be made All those Lands & Countrys lying adjacent or 
bordering upon the great Lake or Lakes or Rivers commonly 
called or known by the name of the River & Lake or Rivers 
& Lakes of the Irroquois a Nation or Nations of Savage 
people inhabiting into the Landwards betwixt the lines of 
West and Northwest conceiv'd to pass or lead upwards from 
the Rivers of Sagadahock and Merimack in the Country of 
New England aforesaid Together also with the Lakes and 
Rivers of the Lroquois and other Nations adjoyning the 
middle part of which Lakes situate & lying neer about the 
Latitudes of Forty four or forty five degrees reckoned from 
the Equinoctial line Northwards as also all the Lands Soiles 
& Grounds within ten miles of any part of the said Lakes 
or Rivers on the South or East part thereof and from the 
West end or Sides ot the said Lakes or Rivers so farr forth 



102 DOCUMENTS RELATING TO THE 

to the West as shall extend half way into the next great 
Lake to the westward and from thence Northwards unto the 
North side of the Main River which runneth from the great 
& vast Western Lakes & falleth into the River of Canada 
including all the Islands within the precinct or preambula- 
tion described. As also all the Lands Soil Grounds Havens 
Ports Rivers Mines Minerals Pearls & precious Stones 
Woods Quarrys Marshes Waters Fishings Hunting Hawking 
Fowling Trade & Traffick with the Savages and other 
Commoditys & Hereditaments whatsoever with all and Sin- 
gular their appurtenances together with all perogatives Rights 
Royaltys luridictions priveleges franchises preheminences 
Libertys Marine power in & upon the said Rivers & Lakes. 
As also all escheats and Casualtys thereof Flotson letson & 
Lagon with Anchorages & other such Dutys Immunitys 
sects isletts and appurtenancys whatsoever with all the 
Estate right title Interest Claim & Demand whatsoever w"^** 
the said President & Councill & their Successors of Right 
ought to have or claim in or to the said portions of Lands 
Rivers & Lakes and other the premises as is aforesaid by 
reason or force of his Highnesses said Letters patent in as 
free large ample & beneficial Manner to all intents construc- 
tions & purposes what soever as in & by the said Letters 
patent the same are amongst other things granted to the 
said president & Councill aforesaid Except two fifths of the 
ore of Gold & Silver in these parts hereafter expressed 
which said portions of Lands Rivers Lakes with the appurt- 
enences the said S"^ Ferdinando Gorges and Cap' In" Mason 
with the consent of the president & Councill intend to name 
THE Province of Laconia To have & to hold all the said por- 
tions of Land and all the Lakes & Islands therein contained 
as aforesaid and all & Singular other the premises hereby 
given granted alien'd enfeoflfed & confirmed or mentioned 
or intended by these presents to be given granted aliened 



TERRITORIAL HISTORY OF MAINE. 103 

enfeoffed and confirmed with all & singular the appurtenances 
& every part & parcell therof unto the said S"" Ferdinando 
Gorges & Capt lohn Mason their Heirs and Assign's & their 
associates contracts with thera forever. To be holden of 
his said Majesty his Heirs and successors as of his high- 
nesses mannor of East Greenwich in the County of Kent in 
free and common soccage and not in Capite or by Knights 
service Nevertheless with such exceptions reservations Lim- 
itations & Declarations as in the said Letters patent are at 
large expressed Yeilding and paying into our Sovereign 
Lord the King his Heirs & Successors the fifth part of all 
the Ore of Gold & Silver that from time to time hereafter 
shall be there gotten & obtained for all Services Dutys & 
demands. And also Yealding & paying unto the said 
president & Councill & their Successors yearly the sum of 
Ten pounds of Lawfull money of England at one iutire 
paym' within ten days after the feast of S' Michael the 
Archangel Yearly. And the said President and Counceil 
for them & their Successors do covenant and grant to & 
with the said S"" Ferdinando Gorges and Cap* lohn Mason 
their Heirs & assigns and their Associates from & after then 
sealing & delivering of these presents according to the pur- 
port true intent and meaning of these presents that they 
shall from henceforth from time to time for ever peacably 
and quietly have hold possess & enjoy all the aforesaid 
portions of Lands Lakes & Rivers with all the Islands and 
premises with the appurtenences hereby before given & 
granted or mentioned or intended to be hereby given and 
granted & every Part & Parcell therof without any Lett 
Disturbance denyal troui)le interruption or eviction of or by 
the said president & Councill or any person or persons 
whatsoever claiming by from or under their Estate right 
Title or interest And the said president & Counceil for them 
& their Successors do further covenant & grant to & with 



104 DOCUMENTS RELATING TO THE 

the said S"" Ferdinando Gorges & Cap* lohn Mason their 
Heirs & Assigns & their Associates contractors as aforesaid 
by these presents. That they the said president & Counceil 
shall at all times hereafter upon reasonable request at the 
only proper costs and charges in the Law of the said S"^ Fer- 
dinando Gorges and Cap* lohn Mason their Heirs & Assign's 
& their Associates do make perform suffer execute & will- 
ingly consent unto any further Act or Acts conveyance or 
conveyances assurance or assurances whatsoever for the good 
& perfect investing assuring conveying & sure making of all 
the aforesaid portions of Land Lakes Islands & all & Singular 
their Appurtenances to the said S' Ferdinando Gorges & 
Cap* lohn Mason their Heirs & Assign's & their Associates 
as by them their Heirs & Assign's & their Associates or by 
his their or any of their Counceil learned in the Law shall 
be devised advised or required And further it is agreed by 
& between the said Partys to these Presents & the said S"^ 
Ferdinando Gorges & Cap* lohn Mason for them their 
Heirs Executors Administrators and Assign's & their Asso- 
ciates do covenant to & with the said president & Counceil 
and their Successors by these presents that if at any time 
hereafter there shall be found any ore of Gold & Silver 
within the ground wherein any part of the said premisses 
that then they the said S"" Ferdinando Gorges & Cap* John 
Mason their Heirs & Assign's and Associates shall yeald & 
pay unto the said president & Counceil their Successors & 
Assign's One fifth part of all such Gold & Silver ore as shall 
be found within & upon the premises & digged & brought 
above Ground to be deliver'd above ground and that always 
within reasonable and convenient time if it be demanded 
after the finding getting & digging up of such ore as afore- 
said without fraud or cunning and accordingly to the true 
intent and meaning of those Presents. And the said S"" 
Ferdinando Gorges & Cap* lohn Mason do further covenant 



TERRITORIAL HISTORY OF MAINE. 105 

for them their Heirs & Assign's & their Associates that they 
will establish such Government in the said Portion of Land 
& Islands orranted unto them and the same will from time 
to time continue as shall be agreeable as neer as may be to 
the Laws & Customs of the Relm of England & if they 
shall be charged at any time to have Neglected their duty 
therin that then they will reform the same according to the 
Directions of the president & Counceil or in default therof 
it shall be Lawfull for any of the agreiv'd Inhabitants 
planters being Tenants upon the said Lands to appeal to the 
Chief Courts of Justice of the said president and Counceil 
and the said S"" Ferdinando Gorges and Cap* lohn Mason 
do Covenant & Grant to and with the said President & 
Counceil their Successor's and Assign's by these Presents 
that the said S"^ Ferdinando Gorges & Cap* lohn Mason 
shall & will before the expiration of three Years to be 
accounted from the day of the Date hereof have in or upon 
the said portions of Lands or some part therof one Fort 
with a competant guard & ten Familys at the least of his 
Majestys Subjects resident and being in & upon the same 
premises or in default therof shall & will Forfit & lose to 
the said president & Counceil the Sura of One Hundred 
Pounds Sterling Money & further that if the said S"^ Ferdi- 
nando Gorges & Cap* lohn Mason their Heirs and Assigns 
or Associates shall at any time hereafter alien these prem- 
ises or any part therof to any Foreign Nation or to any 
person or persons of any Foreign Nation without the Special 
licence consent and agreement of the said President & 
Counceil their Successors or Assign's that then the part or 
parts of the said Lands so alien'd shall Immediately return 
back again to the use of the said president & Counceil and 
the said President & Counceil for themselves and their Suc- 
cessors do further covenant & grant to and with the said S"" 
Ferdinando Gorges & Cap* lohn Mason their Heirs & 



106 DOCUMENTS RELATING TO THE 

Assign's and Associates And by these Presents that it shall 
& may be Lawfull at all times hereafter to and for the said 
S"" Ferdinando Gorges & Cap* lohn Mason their Heirs 
Assign's & their Associates and the Deputys Factors Ser- 
vants & Tenants of them or any of them to have free Egress 
Regress way & passage to enter & pass into & Return from 
and to any of the said demised Lands Lakes & Rivers with 
their Ships boats Barkes or other Vessels with their muni- 
tion & their Cattle and Commoditys of what nature soever 
from by & through any of the Lands Rivers Harbours 
Creeks or Sea Ports upon the Sea Coasts or Fronteir parts 
of New England aforesaid belonging to the President & 
Counceil aforesaid without any Lett trouble — Interruption 
molestation or hindrance of them the said President & 
Counceil their Successors or Assigns or if any other person 
or Persons claiming under them or by their Means or pro- 
curement. And for the better accommodation of them the 
said S'' Ferdinando Gorges & Cap' lohn Mason their 
Heirs Assigns and Associates in their intended Traficks & 
Plantations above in the said Lakes of the Irroquois whither 
their Goods Merchandizes from the Sea Ports are to be 
after Landing Transported, it shall be Lawfull for them to 
make chois of & take & possess for the use of them the 
said S'' : Ferdinando Gorges & Cap*^ : lohn Mason their Heirs 
Assign's & Associates and their Deputys Factors Tennants 
and Planters of their Colonys in any of the Ports Harbours 
or Creeks in New England lying most Commodious for their 
Passage up into the said Lakes One Thousand Acres of 
Land upon the side or sides of such Harbours Ports Rivers 
or Creeks where the same is not yet disposed of to any 
other persons by the said President & Counceil. And the 
Lands by them shall be Holden Possessed & enjoy'd as 
freely and with as ample privileges luridictions and Com- 
moditys in all respects as any other the Lands above in 



TERRITORIAL HISTORY OF MAINE. 107 

these Presents demised & granted unto them. And further 
know ye that the said president and Counceil have made 
constituted deputed Authorized and Appointed And in their 
place and stead depute Edward Godfrey or in his abscence 
to any other person that shall l)e their Governor or other 
Officer to the President and Counceil to be their true & 
Lawfull Attorney and in their Name and Stead to enter the 
said Portion of Land and other premises with their Appur- 
tenances or into some part therof in Name of the whole for 
them & in their Name to have & take possession and Seizing 
therof or some part therof in the name of the whole so had 
& taken there for them & in their Name to deliver the full 
& peaceable possession & Seizing of all & Singular the said 
granted premises unto the said S"" Ferdinando Gorges & 
Cap' lohn Mason or to their certain Attorney or Attorneys 
in that behalf according to the true intent and meaning of 
these presents ratifying confirming & allowing all and what- 
soever their said Attorney shall do in or about the premises 
by these Presents. In witness wherof to one of these 
present Indentures as remaining in the Hands of the said 
S' Ferdinando Gorges & Cap' lohn Mason the said presi- 
dent and Counceil have caused their Common Seal to be 
affixed and to the other part of these Present Indentures 
remaining in the Custody of the said President & Counceil 
the said S"" Ferdinando Gorges & Cap' lohn Mason have 
put to their hands & Seals giving the day and Year first 
above written. 



108 DOCUMENTS RELATING TO THE 



XXI. 

THE CHARTER OF PLYMOUTH COLONY BY THE 
GREAT COUNCIL FOR NEW ENGLAND. 

January 13/23, 1629/30. 

Sources. 

The original Charter for the Old Colony of Plymouth, 
with lands on the Kennebec, which was confirmed to Wil- 
liam Bradford and associates by the Great Council, January 
13/23, 1629/30, is in the Registry of Deeds at Plymouth. 
With the charter is the box in which it was brought from 
England, also the only known seal of the Great Council, 
but so imperfect that the device cannot be fully deciphered. 
The charter itself has become somewhat defaced, but the 
signature of the Earl of Warwick, then the president of the 
Council, from which circumstance the charter has been 
designated the " Warwick Charter," is still distinct. 

After Governor Bradford assigned the charter to the 
freemen of the Plymouth Colony, March 2/12, 1641/2, 
according to provisions of the Act of Assignment, the char- 
ter was still kept in the possession of the Bradford family. 
After a time it was lost sight of, but in 1741, according to 
the diary of Josiah Cotton, it was found at Plympton, 
" after a deal of labor and cost." It was used in settling 
the boundary disputes between Massachusetts and Rhode 
Island, and in 1820 was lodged in the office of the Registry 
of Deeds. 

A transcript of the charter, attested by Thomas Hinckley, 
the last governor of the Plymouth Colony, is in the Massa- 
chusetts Archives, Vol. 87, 123-129. " The charter was 
first printed by Ebenezer Hazard, " Historical Collections, 
Consisting of State Papers and Other Documents " (Phila- 
delphia, 1792), I., 298-303 ; other texts are William Brigham, 
" The Compact with the Charter and Laws of the Colony of 
New Plymouth" (Boston, 1836), 21-27 ; William T. Davis, 
"The History of the Town of Plymouth, with a Sketch of 
the Origin and Growth of Separatism ' (Philadelphia, 1885), 



TERRITORIAL HISTORY OF MAINE. 109 

41-43 ; and " The History of Plymouth County " (Philadel- 
phia, 1884), 96-98. An abstract of the charter ap[)eais in 
" A forme to l)e placed l)efore the Records of the several 
inheritances granted to all and every the king's sul>jects 
inhabiting with the government of New Plymouth," 
«' Plymouth Records," I., 21-24, also in William BrJLdiam, 
" Plymouth Colony Laws," 21-27. 

The charter is printed entire in this collection because of 
its relation to Maine history. The territory on ])otli sides 
of the Kennebec, and the tract of land which extended from 
the utmost of the " Comasecont " gave to the Plymouth 
settlers opportunity to establish trade with the Indians. 

The text adopted is the manuscrijit in the Massachusetts 
Archives which is an authenticated transcript of the original 
document, and the earliest that has been preserved. An 
examination has been made of the worn original at Plymouth. 

Text. 

To all to whom these presents shall come Greeting ; 
Whereas Our Late Souveraigne Lord Kins: James for 
aduancement of a Collony & Plantation in the Country 
Called or known by the name of New England in America 
By his Highness Letters Pattents under the great Scale of 
England bearing date att Westminster, the Third Day of 
November in the Eighteenth yeare of his Highnesses Reigue 
of England &c., Did giue grant & continue unto the Right 
Hon''''-" Lodwick late Lord Duke of Lenox George late Lord 
Marques of Buckingham James Marques Hamilton Thomas 
Earle of Arundell Robert Earle of Warwick S"^ fferdinando 
Gorges Kn' & diuers others whose names are Expressed in 
the s'' Letters Pattents, and their Successors that they should 
be one Body Politique and Corporate Perpetually Consisting 
of forty persons & that they should haue perpetuall Succes- 
sion and One Comon Scale to Serue for the said body and 
that they and their Successors should be Jncorporated Called 
and knowne by the name of the Councill Established att 
Plymouth in the County of Deuon for the Planting Ruling 



110 DOCUMENTS RELATING TO THE 

ordering and gouerning of new England Jn America, And 
also of his Speciall Grace Certaine Knowledge and meere 
motion did giue grant and Confirme unto the said President 
and Councill, and their Successors for Euer, under the 
Reseruations Limitations and Declarations in the said Letters 
Patents Expressed All that part and portion of the Said 
Country now Called New England in America, Scituate 
Lyeing and being Jn breath from forty Degrees of Northerly 
Latitude from the Equenoctiall Line to forty Eight Degrees 
of the said northerly Latitude Jnclusively, and in Length 
of and in all the Breadth aforesaid throughout the maine 
Land from Sea to Sea together also with all the firme Lands 
Soyles Grounds Creeks Jnletts Hauens Ports Seas Riuers 
Jslands Waters ffishings Mines and Mineralls Pretious Stones 
quarries and all and Singular the Commodities Jurisdictions 
Royalties Priuiledges ffranchises & Preheminences both 
within the said Tracts of Land upon the Maine as also within 
the said Jslands adjoyning, To hauehold possess and Jnjoy ; 
all and Singular the aforesaid Continent Lands Territorys 
Jslands Hereditaments and Precincts Sea water ffishing with 
all and all manner their Commodities Royalties Preuiledges 
Prehemenences and Proffitts that shall or may arise from 
thence with all and Singular their appurtenances and Euery 
part and parcell thereof unto the said Councill and their 
Successors and assignes for Euer To be holden of his Maj- 
esties his heires and Successors as of his Manner of East 
Greenwich Jn the County of Kent Jn ffree and Comon 
Soccage & not in Capite nor by Knight Seruice. Yeilding 
and payeing therefore unto the late Kings Majesties his 
heires & successors a ffifth part of the Oare of Gold and 
Siluer which from time to time and att all times from the 
Dates of the said Letters Pattents Shall be there gotten had 
and Obtained for and in Respect of all and all manner of 
Dutyes Demands and Seruices whatsoeuer to be Done and 



TERRITORIAL HISTORY OF MAINE. Ill 

paid unto his s"* Late Ma*'® his heires and Successors as in 
and by the said Letters Pattents amongst Sundry other 
Priuiledges and matters therein Contained more fully and 
att Large it doth and may appeare Now Know yoc that 
the said Councill by Virtue and Authority of his said Majes- 
ties Letters Pattents for and in Consideration that William 
Bradford and his Associates haue for these nine yeares Hued 
in New England aforesaid and haue there Jnhabited and 
planted a Towne Called by the Name of New Plym° at 
their Owne proper Costs and Charges and now Seeing that 
])y the Speciall Prouidence of God and their Extraordinary 
Care and Jndustry they haue incressed their Plantation to 
neere three hundred People and are ujion all Occasion able 
to relciue any new Planters or other his Ma-jesties Subjects 
who may fall upon that Coaste haue giuen granted Bar- 
gained and Sold Enfeoffed allotted assigned and Sett Ouer 
and by these presents Doe Clearely and absolutely Giue 
grant Bar£:aine Sell Allien in tfeeof alott Assiijn And Con- 
firme unto the said W" Bradford his heires associates & 
assignes all that part of New England in America aforesaid 
and Tract and Tracts of Land that lyes within or betweene 
a certaine Reuolett or Runlett there commonly called Coha- 
sett alias Conahasett towards the North and the Riuer 
commonly called Narragansett Riuer towards the South and 
the great Westerne Ocean towards the East, and betweene, 
and within a Streight Line directly Extending up Jnto the 
Maine Land towards the west from the mouth of the said 
Riuer called Narragansett Riuer to the uttmost bounds of a 
Country or place in New England Commonly called Poco- 
nockett ats Sawnonsett ; westward and an other Streight 
line Extending it Self Directly from the mouth of the said 
Riuer called Cohasett ats Conahasett towards the West So 
farr up into the Maine Land Westwards as the Vtmost 
Limitts of the said place or Country CoiTionly called 



112 DOCUMENTS RELATING TO THE 

Poconockett ais Sawamsett Do Extend together with one half 
of the s"* Riuer called Narragansett Riuer and the s** Reuolett 
or Runlett called Cohasett als Conahasett and all Lauds 
Riuers waters hauens Ports Creeks ffishings fowliags and all 
hereditaments ProflStts Comodityes and Jmoluments What- 
soeuer Scituate Lyeing and being or ariseing within or 
betweeue the said Liinitts or bounds or any ot them and 
for as much as they haue no Conuenient Place either of 
Trade or of ffishing within their Owne precincts where by 
after Soe Long trauell and great pains so hopefull a planta- 
tion may Subsist, as also that they may be incouraged the 
better to proceed in soe pious a worke which may Especially 
tend to the propagation of Religion, and the great Jncrease 
of Trade to his Majesties Realms, and aduancement of the 
publick Plantation, the said Councill hath further Giuen 
granted Bargained sold Enfeofed a Lotted and Sett ouer and 
by these presents doe Clearely and absolutely giue grant 
bargaine Sell Alien Jnfeofte a Lott assigne and Confirme 
unto the said W™ Bradford his heirs Associates and Assignes 
all that Tract of Land or part of New England in America 
afores"* which lyeth within or betweene and Extendeth it 
Self from the utmost of Cobestcont alias Comasecont Which 
adjoyneth to the Riuer Kenibeck alias Kenebeckick towards 
the Westerne Ocean and a place called the falls of Nequam- 
kick in America aforesaid and the Space of ffifteen English 
milles on Each Side of the said Riuer CoiTionly called Ken- 
ebeck Riuer and all the said Riuer Called Kenebeck that 
Lyes within the said Limitts and Bounds Eastward West- 
ward Northward and Southward Last afore mentioned, and 
all Lands Grounds Soyles Riuers Waters ffishing heredita- 
ments and profitts whatsoeuer Scituate Lying and being 
arising hapening and accrueing or which shall arise hapen 
or Accrue in and within the said Limitts and bounds or 
either of them togeather with free Jngress ; Egress & regress 



TERRITORIAL HISTORY OF MAINE. 113 

with Shipps Boats Shallops and other Vessels IVoni the Sea 
Commonly Called the Westerne Ocean to y" s'* Riuer called 
Kcnebeck and from the Riuer to the said Westerne Ocean 
togeather with all prerogatiues Rights Royalties Jurisdictions 
Priuiledges ffranchises Libertyes and Emunities ; and also 
Marine L3'berty with the Escheats and Causal ityes thereof 
(the Admiralty Jurisdiction Excepted) with all the Jnterests 
Rights titles Clame and Demand whatsoeuer which the s** 
Councill & their Successors now liaue or ought to haue and 
Clayme and may haue and acquire hereafter in or to any the 
a'^ Portions or Tracts of Lands hereby mentioned to be 
granted or any the preheminences ; Jn as tree Large Ample 
& benetitiall manner to all .Interests and purposes Whatso- 
euer, as the Said Councill by virtue of his Majesties Letters 
pattents may or can grant To haue and to hold the said 
Tract and tracts of Laud and all and Singuler y^ premisses 
aboue mentioned, to be granted with their & euery of their 
appurtenances to the said W"' Bradford his heires associates 
and assignes for Euer to the Onely proper and absolute vse 
and behoof of the s'' W°^ Bradford his heires Associates and 
assignes for Euer. Yeilding and payeing unto Our lat Souer- 
aigne Lord the King his heires and Successors for Euer One 
fifth part of the Oare of the Mines of Gold and Siluer, and 
one other fifth part thereof to the president and Councill, 
which shall be had possest & obteined within the precincts 
aforesaid for all Seruices & demands Whatsoeuer And the 
said Councill Do further Grant And agree to and With the 
said W*" Bradford his heires associates and assignes and 
Euery of them his and their ftactors Agents Tenants and 
Seruants and all such as he or they shall send or Jmploy 
about his s'' perticular Plantation Shall and may from time 
to time freely and Lawfully Trade and trafique as well with 
the English as any of the Natives within the precincts 
afores"* with Liberty of fiishing upon any Part of the Sea 
Vol. I. 9 



114 DOCUMENTS RELATING TO THE 

Coasts and Sea Shores of any of the Seas or Jslands ajacent 
& not being Jnhabited or otherwise disposed by order of 
the said president and Councill & also to Jmport Export 
and transport their Cattle and Merchandize att their Will & 
pleasure paying Onely such Duty to the Kings Majestie his 
heirs & Successors as the said president and Councill doe or 
ought to pay, without any other taxes Jmpositions Burdens 
or Restrictions upon them, to be Jmpressed, And further 
the said Councill doe grant and agree, to & with the said 
W™ Bradford his heires Associates and Assignes, that the 
Persons transported by him or any of them shall not be 
taken away Jmployed or Comanded Either by the Gouer- 
nour for the time being of New England or by any other 
Authority there from the Bussiness and Jmployements of 
the said W™ Bradford and his Associates his heires and 
assignes ; Nessasary deffence of the Country Preseruation 
of peace Supresseing of tumults with in the Land, Tryalls 
in matters of Justice by appeall upon a Speciall Occassion 
onely Excepted, also it shall be Lawfull and free for the said 
W™ Bradford his associates heires and assignes att all times 
hereafter to Jncorporate By some usuall and fitt name and 
title him & themselves or the people there Jnhabiting under 
him or them, with Liberty to them and their Successors 
from time to time to frame and make Orders Ordinances 
and Constitutions as well for the better gouernmen' of their 
affiiires here and the Receiuing or admitting any to his or 
their Society, as Also for the better Gouernment of his or 
their People and affaires in New England or of his and their 
people att Sea in goeing thether or Returning from thence 
and the Same to be put in Execution by such OflScers and 
Ministers as he and they shall Authorize and Depute Pro- 
vided the said Laws and Orders be not repugnant to the 
Lawes of England or the forme of Gouernm'by y^ President 
and Councill hereafter to be Established ; And further itt 



TERRITORIAL HISTORY OF MAINE. 115 

shall be Lawfull and free for the said AV"' Bradford his 
heires Associates and Assignes to transport Cattle of all 
kinds and powder Shott Ordinances and aniunition from 
time to time as shall be necessary for their Strength and 
Safty hereafter ; for their Seuerall Defi'ences and Safty to 
Encounter Expulse repell and resist by force of Arms as 
well by Sea as by Land by all Wayes and means whatsoeuer, 
And by Virtue of Authority to us deriued by his Late 
Majesties Letters Pattents To take apprehend Seize and 
make prisse ; of all such persons their Shipps and goods as 
shall attempt to Jnhabit and trade with the Saluages people 
of that Country within the Seuerall precincts and Limitts 
of his and their Seuerall plantacous or shall Jnterprisse or 
attempt att any time destruction Jnuasion detrement or an- 
noyance, to his or their plantations the one moyety of which 
goods so Seized or taken it shall be Lawfull for the Said 
W° Bradford his heires Associates and assignes to take to 
their Owne use and behoofe and the other moyetie thereof 
to be deliuered by the said W" Bradford his heu-es asso- 
ciates and assignes to such Officers as shall be appointed to 
receiue the same for his Majesties Vse And the said Councill 
doe hereby Couenant and Declare that is their Jntent and 
meaning for the good of the plantations that the said W" 
Bradford his heires associates his or their heires and assignes 
shall haue and Jnjoy whatsoeuer priuiledge or priuiledges 
of What Kind so Euer as are Expressed or intended to be 
Granted in and by his said Late Majesties Letters Pattents 
and that Jn as Large and ample manner as the said Councill 
thereby now may or hereafter Can grant (Coyning of money 
Excepted) and the Said Councill for them and their Suc- 
cessors Do Couenant and grant to & with the said W" 
Bradford his heires Associates and assignes by these presents 
that they the said Councill shall att any time hereafter upon 
Request, att the onely proper Charge and Costs of the said 



116 DOCUMENTS RELATING TO THE 

\yni Bradford his heires associates and assignes Do make 
Suffer Execute and Willingly Consent unto any other Act 
or Acts Conueyances assurance or assurances, whatsoeuer ; 
for the good and perfect Jnuesting assureingand Conueyeing 
and Sure making of all the aforesaid Tract or Tracts of 
Lands Royaltyes mines and Mineralls Woods flSshings and 
all & Singular their appurtenances unto the said W"" Brad- 
ford his heires associates and assignes as by him or them or 
his or their heirs and Assignes or his or their Councill 
Learned in the Law shall ))e deuised aduised or required 
and Lastly Known Ye that wee the Councill haue made 
Constituted and Deputed authorized and appointed, Capt" 
Miles Stand ish or in his absence Edward Winslow, John 
Rowland and John Alden or any of them to be Our true 
and Lawfull Attorney & Attorneys Joyntly & Seuerally in 
Our Name and Steed to enter into the said Tract or Tracts 
of Land & their premisses with their appurtenances or into 
Some part there of in the name of the whole for Us and in 
Our name to take possion and Seizen there of and after such 
possession & Seizen thereof or Some part thereof in the 
Name of the Whole, had and taken there for Us and in Our 
Names to deliuer the full and peaceable possession and 
Seizen of all & Singular the s*^ mentioned to be granted 
premisses unto the said W"" Bradford his heires associates 
and assignes or to his or their Certaine attorney in that 
behalf Ratifieing allowing Confirming all whatsoeuer Our 
said attorney shall doe in or about the premisses Jn Wit- 
ness whereof the Councill established att Plym" in the 
County of Deuon for the Planting ruling Ordering and 
Gouerning of New England Jn America haue hereunto put 
their hand and Seale this thirteenth Day of January in the 
fifth yeare of the Reigne of our Soueraigne Lord Charles by 
the Grace of God Kinjr of England Scottland ifrance cS; 
Jreland y* Deffender of the faith y^ Anno Domini 1629./ 
Robert Warwick L. S. 



TERRITORIAL HISTORY OF MAINE. 117 



XXII. 

GRANT OF LAND NORTH OF THE SACO TO THOMAS 

LEWIS AND RICHARD BONIGHTON BY THE 

GREAT COUNCIL FOR NEW ENGLAND. 

February 12/22, 1629/30. 

/Sources. 

The grant to Thomas Lewis and Richard Bonighton ot 
land on the north side of the Saco River, February 12/22, 
1629/30, by the Great Council included the area now occu- 
pied by the city of Saco. 

The original parchment grant is in the archives of the 
Maine Historical Society. It was printed by James Phinney 
Baxter, compiler " Baxter Manuscripts," in " Documentary 
History of Maine," Maine Historical Society, Series II. 
*' Collections," IV., 1-4. An early transcript is in the 
Massachusetts Archives, III., 149-151. A copy of the 
original was recorded at York, ^^"r"]!' ^g, 1672, and is found 
in "York Deeds," II., fols. 110, 111. It was first printed 
by George Folsom, "History of Saco and Biddeford " 
(Saco, 1830), Appendix B, 315-317. 

The text adopted is the original document which has been 
made available by the courtesy of Mr. Hubbard W. Bryant, 
librarian of the Maine Historical Society. 

Text. 

To all Christean people, to whome this Present writeing 
Indented shall come/ the Counsell for the aflfayres of New 
England in America send greeteing. In our Lord God 
euerlasting. Where as King James of famous Memory, late 
King of England, Scottland, France & Ireland, by his High- 
ness letters Patents, & Royall Grant vnder the great seal of 
England, beareing date the 3'' day of Novemb''In ye eighteen 
yeare of his Reign of England, France & Ireland &c ; for the 



118 DOCUMENTS KELATING TO THE 

causes y"^ in expressed did absolutely giue grant & Confirme 
vnto the s^ Counsell for the aiFayres of New England in 
America & thejr successossors for euer, all the Land of New 
England, lijng & being from fourty to forty eight degrees 
of Northerly latitude & in length by all that breadth aforesd 
from sea to sea through out y'' mayu land togeather with all 
the woods waters, Rivers soyles hauenes, harbours Yslands 
& other CoiTioditys wVsoeuer therevuto belonging, with 
diverse other priuiledges Preheminences profetts & lib- 
ertys, by sea & Land, as by the sayd letters Pattents 
amongst other things Contayned, w''vnto due relation being 
had, more at large It doth & may appeare ; Now know yee 
that y® sayd Counsell for the affayres of New England In 
America, as well for & In consideration that Thomas Lewis 
Gentle : hath already l^een at the Charge to transport hira- 
selfe & others to take a vew of New England in America, 
aforesd, for the bettering of his experience in aduanceing of 
a plantation, & doth now wholly Intend by gods assistance 
with his Associates to plant there, both for the good of 
Majesty's Realmes & dominions, & for the propagation of 
Christean religion amongst those Infidells, & In considera- 
tion alsoe y' the sayd Thomas Lewis, togeather with Cap' 
Richd Bonighton, & alsoe with there assotiates & Company 
have vndertaken at thejr own proper Costs & Charges to 
transport fiuety Prsons thither with in seaven yeares next 
Insewing, to plant & Inhabitt there, to y^ advancement of 
the Generall plantation of y' Country, & the strength & 
safety y"" of amongst the Natiues or any other Invaders : 
Alsoe for the Incoragement of the sd Thorn' Lewis, & Cap* 
Ric : Bonighton & other Considerations the s*^ Consell there 
vnto moueing, haue given granted Infeotfed & Confirmed, 
& by this Prsent writeing, doe fully clearly & absolutely 
give grant Inf eoff & Confirme vnto the sayd Thomas Lewis 
& Cap' Ric : Bonighton thejr hey res & Assignes for ever : 



TERRITORIAL HISTORY OF MAINE. 119 

All that part of the Mayn Land In New Eiif^hind In America 
aforesd, commonly Called or known by the name of Swanck- 
adocke, or by w*3oever other name or names the same is or 
shall bee hereafter Called or known by, scitiiate lijng & 
being between the Cape or bay comanly called Cape Eliza- 
beth & the Cape or bay coiTianly called Cape Porpus 
Conteyneing In breadth from North East to South West 
along by the sea fourc Miles In a streight lyne, or accompt- 
ing seaventeen hundred & three scoore yards according to y'' 
standerd of England, to every mile, & eight English miles 
vpon the Mayn Land on the North side of the Kiver 
Swanckadock after the same rate, from the sea through all 
the breadth aforesayd, togeather with all the Shoares, 
Cricks, bays Harbours & Costs alongst the sea, with in y^ 
lymitts, & bounds aforesd, with the woods & Yslands next 
adioyneing to the sd Lands, not being already granted by 
the sd Counsell, vnto any other Prson or Prsons, togeather 
alsoe with all the Lands Rivers Mines Mineralls of what 
kind or nature soeuer woods quarries. Marshes waters 
Lakes, fishings huntings haukeings fowlings Coiiioditys 
Emoluments, & haeriditaments whatsoeuer, with all & sin- 
gular thejr & every of thejr appurtenances in or with in the 
lymitts or bounds aforesayd, or to the saydLand lijng with 
in the sayd Lymitts or bounds belonging, or in any wise 
app^'tayneing : To haue & to houid all & singular y* sayd 
Lands & Premisses, with all & singular the woods quarries 
Marshes Waters Rivers, Lakes, lishings, fowleings, Hawkines 
Huntings, mines Mineralls of what kind or nature soever, 
priviledges Rites lurisdictions, lybertys Royaltys & all other 
pfetts, commoditys Emoluments, & hereditaments w'soever, 
before in & by these Presents, given & granted, or here in 
ment, mentioned or Intended, to bee hereby given, or 
granted with thejr & every of thejr appurtenances & every 
part & Prcell thereof (except before excepted) to ye onely 



120 DOCUMENTS RELATING TO THE 

proper vse & behoofe of the sd Thomas Lewis, & Cap* 
Richard Bonighton, thejr hey res Assotiates & assignes for 
ever, vnto the s*^ Tho : Lewis & Cap* Richd Bonighton thejr 
heyres Assotiates & assignes for ever/ Yeilding & paijng 
vnto o"" Soveraign Ld the King, one fifth part of gould & 
silver oare, & another fifth part to the Counsel! aforesayd, 
& thejr successors ; to bee houlden of the sd Covnsell & y' 
successors by the rent hereafter in these Prsents reserved 
Yeilding & paijng therefore yearly for ever vnto the sayd 
Counsell thejr successors or assignes, for every hundred 
acres of the sd Land in vse Twelue peence of Lawfull mony 
of England (Into the hands of the rent gatherer (for the 
tyme being) of the sayd Counsell thejr heyres or successors 
for all scervice whatsoeuer : And the sayd Counsell for the 
Affayres of New England in America aforesd, do by these 
Prsents nominate, depute, authorize appoynt & in thejr 
place & steade putt Willia : Blackestoon of New England 
aforesd Clerke, William Jefi'erys & Edw : Hilton of the same 
Gentle : & either or any of them Joyntly or severally, to 
bee thejr true & Lawfull Atturney or Atturneys, & in thejr 
name & stead to enter into the sayd part or portion of Land, 
<fe other the ^misses, with the appurtenances by these 
Prsents, given & granted, or into some part there of in the 
name of the whoole, & peaceable & quiett possession & 
seazin there of for y™ to take & y* same soe had & taken in 
y' names & stead to deliver possession & seazin there of 
vnto the sd Thomas Lewis & Cap* Richard Bonighton, thejr 
heyres Assotiates & assign according to the Teno*^ forme and 
aeffect of these Prsent, ratifijng confirming & allowing all & 
w*soever the sayd Atturney or Atturneys or either of them 
shall doe In or about y* jiemisses by vertue here of ; In 
witness w'"of the sayd Counsell for the affayres of New 
England aforesayd, haue here vnto caused thejr coman 
Scale to bee putt yeovon the Twelfth day of fiebrua : Ano 



TERRITORIAL HISTORY OF MAINE. 121 

Dom~; 1629 : & In the fifth yeare of the Reign of our Sou- 
eraign Ld Charles by the grace of god King of England 
Scottland France & Ireland Defend"" of the foith &c : 
R ; Warvvicke Edw : Gorges/ 

June 28 : 1631 : 

Possession Levery & seazin had & Delivered by the with 
in named Edw : Hilton Gentle : one of the Commissioners 
nominated by the Lords of y^ Consell for y^ afiayres of New 
England, vnto y^ with in named Thomas Lewis Gentle 

In y* psents & sight of the Prsons vnder named/ 
Tho : Wiggin James Parker/ 
Henery Watts/ George Vahan/ 

This is a true Coppy of a Pattent exhibited by Mr. John 
Bonighton vnto the commissioners of the Generall Court, 
being examined y*^ with word for word Attests/ 

9 : 5^^ m° 1660 Thomas Savage 

A true Coppy of this Pattent transcribed out of a coppy of 
y' originall Attested by Cap* Tho : Sauage/ & y"^ with com- 
pared word for word this 29"' of March 1672 : p Edw : 
Rish worth ReCor : 



XXIII. 

GRANT OF LAND SOUTH OF THE SACO TO JOHN 

OLDHAM AND RICHARD VINES, BY THE GREAT 

COUNCIL FOR NEW ENGLAND. 

February 12/22, 1629/30. 

Sources. 

The grant to Oldham and Vines of land on the south side 
of the Saco, February 12/22, 1629/30, by the Great Coun- 
cil, included the area now occupied by the city of Biddeford. 



122 DOCUMENTS RELATING TO THE 

The original document was recorded at York, July 19/29, 
1643, and is found in " York Deeds,"!., Part II., folios 7, 
8. A copy from the manuscript deeds was printed by 
Georire Folsom, " History of Saco and Biddeford" (Saco, 
1830), Appendix B, 317-319. 

This reprint of the grant is from the " York Deeds.'' 

Text. 

To all Christian people to whome this p^sent writeing 
Indented shall come The Councell for the affaires of New 
England in America send greeting in our Lord God euerlast- 
ing. Whereas king James of famous memory late King of 
England Scotland ffrance and Ireland by his highnes Ires 
Patte[nt]s and Royall grant vnder the greate scale of Eng- 
land beareing Date the third Day of Nouember in the 
eighteenth yeare of his Raigne of England, ffrance and 
Ireland, for the causes therein expressed, did absolutely 
giue orant and confirme vnto the said Councell for the 
affaires of New England in America and their successors for 
euer All the land of New England in America lyeing and 
being from forty to forty eight Degrees of northerly lati- 
tude And in length by all that breadth aforesaid from sea to 
sea through out the Mayne land Together w*^ all the woods, 
waters, Riuers, Soiles Havens harbours Islands and other 
comodities whatsoeuer therevnto belonging, w'^ Diuers 
other priuiledges, p'^heminencs profitts and liberties b}' sea 
and land as by the said Ires Pattents (amongst other things 
contained whereunto Due relacon being had) more at large it 
Doth and may appeare. Now know ye that the said Councell 
for the affaires of New England in America As well for and 
in consideracon that John Ouldham Gen? a planter in New 
England in America aforesaid and other his seruants haue 
for these six yeares now last past liued in New England 
aforesaid. And for that the said John Ouldham hath hereto- 
fore at his owne proper costs and charges transported thither 



TERRITORIAL HISTORY OF MAINE. 123 

and planted there Diuers psons and hath for the effecting of 
that soe good a worke vndergone greate labour and Dangers 
And in consideration alsoe, that the said John OuUlhani to- 
gether w'*' Richard Vines Gent and their heires Associatts and 
company haue vndertakcn at their owne costs and charges to 
transport fifty psons thither in the space of seauen yeares 
now next ensueinge, to plant and inhabite there, to the 
aduancenient of the generall Plantacon of that Countrey, 
and the strength and safety thereof, against the natiues or 
any other invaders, alsoe for the better encouragement of 
the said John Ouldham Richard Vines and other their asso- 
ciats and assigncs, and other good causes and consideracons 
the said Couucell therevnto moueinge Haue iriuen jiranted 
enfeofted and confirmed, and by this their p^sent writeinge 
Doe fully clearly and absolutely giue, grant enfeoffe and 
contirme vnto the said John Ouldham and Richard Vines 
their heires and assignes for euer, all that pte of the Mayne 
land in New Enghmd aforesaid comonly called or knowne by 
the name of Swackadock, or by whatsoeuer other name or 
names, the same is or shalbe hereafter called or knowne by, 
scituate lyeinge and being betweene the Cape or bay com- 
only called Cape Elizabeth, and the Cape or bay coiTionly 
called Cape porpus, containeing in breadth from northeast 
to southwest along by the sea fl:bwre miles in a straight line, 
accounting seaventeene and threescore yards (according to 
the standard of England to euery mile, and eight English 
miles vpp into the Maine land of the south south side of the 
Riuer Swackadock after the same Rate from the sea through 
all the breadth of ffoure miles aforesaid Together w"' all the 
Shoares, Creekes, Bayes, harbours and coasts alongst the 
sea within the liniitts and bounds aforesaid, with the woods 
and Islands next adioyneing to the said lands not being 
already granted by the said Councell vnto any other psou or 
psons, Togeather alsoe w'^ all the lands Riuers, Mines , 



124 DOCUMENTS RELATING TO THE 

mineralls of w' kind or nature soeuer, woods, quarries, 
marshes, waters, Riuers, lakes, ffishings, huntings, hawk- 
ings, flfowleings, Commodities, emoluments and heridita- 
ments whatsoeuer with all and singular their and every of 
their appurtnances in or within the limitts and bounds 
aforesaid or to the said lands, lyeing with in the same limitts 
or bounds belonging or in any wise appertaineing. To haue 
and to hold all and singular the said lands and p'^misses, w*'* 
all and singular the woods, quarries, marshes, waters, 
Eiuers, lakes, ffishings, ffowleings, hawkings, huntings, 
Mines, Mineralls, of what kind or nature soeuer, priuiledges, 
rights, Jurisdiccons, liberties, Roialtyes, and all other prof- 
itts, commodities emoluments and heriditaments whatsoeuer 
before in and by theis pnts giuen and granted, or herein 
meant mencond or intended to be hereby giuen or granted 
w**" their and euery of their appurtnances, and euery pte 
and pcell thereof except before excepted vnto the said John 
Ouldham and Richard Vines their heires associats and as- 
signes for euer, to the only proper vse and behoofe of the 
said John Ouldham Richard Vines their heires Associats and 
assignes for euer, yeilding and payinge vnto our soueraigne 
lord the King one fift pte of gould and siluer oares, and 
another fift pte to the Councell aforesaid and their succes- 
sors To be holden of the said Councell and their successors 
by the rent hereafter in theis presents reserued, yeilding 
and payeing therefore yearely for euer vnto the said Coun- 
cell their successors or assignes for euery hundred acres 
ot the said land in vse twelue pence of lawfuU money of 
England into the hands of the rent gatherer for the time 
beinge of the said Councell their successors or assignes for 
all seruice whatsoeuer/ And the said Counsell for the 
affaires of New England aforesaid Doe by theis pnts nomi- 
nate Depute, authorize appoint and in their place and steed 
put William Blackstone of New England aforesaid Clerke, 



TERRITORIAL HISTORY OF MAINE. 125 

William Jefferris and Edward Hilton of the same place gen- 
tlemen and either or any of them ioyntly or seuerally to be 
their true and lawfull atturney or atturneyes and in their 
name and steed to enter into the said pte or porcon of land 
and other the p''misses with appurtnances l)y theis pnts giuen 
and granted, or into some pte thereof in the name of the 
whole, and peaceable and quiett possesion and seisin 
thereof for them to take, and in the same soe had and 
taken in their mime and steed to Deliuer possession and 
seisin thereof vnto the said John Ouldham Richard Vines 
their heires, associats, and assignes accordinge to the tenor 
forme and effect of theis pnts, Ratifieing confirmeing and 
allowinge, all and whatsoeuer the said atturney or attur- 
neyes or either of them shall Doe in or about the p'misses 
by virtue thereof. In wittnes whereof the said Councell for 
the affaires of New England aforesaid haue herevnto caused 
their Coiiion scale to be putt yeouen the twelueth Day of 
ffebruary, Anno Doinni 1(329, And in the fift yeare of the 
raigne of our soueraigne Lord Charles by the grace of God 
of England Scotland ffrance and Ireland Defender of the 
liiith &c : 

Ro : Warwicke : Ed : Gorges : fferd : Gorges 

Tho. Smith : 



XXIV. 

EXTRACT FROM THE MUSCONGUS PATENT BY THE 
GREAr COUNCIL FOR NEW ENGLAND. 

March 13/23, 1629/30. 

Sources. 

The grant of lands at Muscongus to John Beauchamp and 
Thomas Leverett by the Great Council, March 13/23, 



126 DOCUMENTS EELATING TO THE 

1629/30, has also been known as the " Lincoln Grant "from 
the English residence of one of the grantees, and later it 
was called the " Waldo Patent." 

The patent was destroyed by fire about 1833 after it came 
into the possession of the Knox family. It had been recorded 
at York, "according to ye Origanall " January 17/28, 
1721. Although the York record shows siccus of careless- 
ness, and is incomplete, it is the source from which other 
existing copies have been taken, unless that of William 
White, " A History of Belfast, with Introductory Remarks 
on Acadia" (Beltast, 1827), Appendix II., 98-100. An 
" abstract" was printed by Ebenezer Hazard, "Historical 
Collections, Consisting of State Papers and Other Docu- 
ments" (Philadelphia, 1792), I., 304, 305 ; an attested copy 
is in Joseph Williamson, "History of the City of Belfast 
in the State of Maine, ^from Its First Settlement in 1770 to 
1875" (Portland, 1877), 37, 38. 

The text adopted is from the " York Deeds," X., fol. 236. 



Text. 

To all to whom these Presents Shall Come Greeting Know 
ye yi ye Counscll established at Plimoth in y* County of 
Devon for y* planting Ruling Ordering and Governing 
of New England in America for divers good Causes & Con- 
siderations them thereunto especially moving Have given 
granted Bargained Sold Enfieffed allotted and Sett over & 
by these presents do clarly & absolutely give grant Bar- 
jjaine Sell alliene enfiffe allott & assio-ne & Confirm unto 
John Beauchainp of London Gentlemen, & Thomas Leverett 
of Boston in y® County of Lincorn gen* their heirs associates 
& assigns all & Singular those lands Tenements & herediti- 
ments whatsoever with y"^ appurtenances thereof in New 
England afores'' which are Cittuate Lying & being within 
or between a place thence Commonly Called or known by y^ 
name of Musrongruss towards y'^ South orr Southwest & a 
strait line Extending from thence directly ten Leaugs — 
up — into y* Maine land & Contains thence toward y* 



TERRITORIAL HISTORY OF MAINE. 127 

great Sea Comonly Called y'' South Sea & y" utmost Limits 
of y* space ten Leauges — — — — 

on y*' North and North East — of a River in New England 
afores'' Commonly Called Penobscott Towards y* North & 
Northeast & y*" great Sea Commonly Called y* westarn 
ocean, towards y*' east & astait & direct line extending from 
y^ most westeran part & Point of y* S'' Straight line which 
extends from Mecongoss afores'' towards y*' South Sea to y'^ 
uttermost northerara limmits of y^ S'* ten leagues on y'' 
North side of y*^ S'' River of, Penobscott towards y^ west & 
all land & ground wood Soiles River waters Fishings Herre- 
dittments Profitts Commodityes Priviledges Fraimchises — 
& Emoliments whatsoever Situate Lying & being arising 
happening or Remaining or which Shall arise or Remain 
within y'' Limmits & bounds afores*^ or any of them together 
with all S'' land y' ly & be within y*" Space of Three miles 
within y'^ Space of s'' land & pmisses or any of them to have 
& to hold all & Singulary y*" S** land Teniments & heredit- 
ments & pmisses whatsoever with y'^ appurtanances & every 
part & parcell thereof unto y'^ S*^ John Beauchamp & Thomas 
Leverett their heirs associates & assigns forever to their 
only proper & absolute use & behoofe of y* s*^ Jn" Beau- 
champ & Tho^ Leverett their heirs associates & assigns 
forevermore to be Holden of y^ Kings most Exellent 
Majesty & Successors as of his manner of East greenwich 
by ffealtie only & not in Capite nor by length of Service 
Yielding & paying unto his majesty his heirs & Successors 
y*- fifth part of all Such Oare of Gold & Silver y^ Shall be 
gotten & obtained in or upon y*' pmisses or any part there- 
of Li Wittness whereof y" s'' Counsell established at Plymoth 
in y' County of Devon for y" Planting Ruling ordering and 
Governing of New England in America have hereunto putt 
y* Common Seal y*" Thirteenth day of March in y' first year 
of y*" Reign of our Soveraign Lord Churls by y*" Grace of God 



128 DOCUMENTS RELATING TO THE 

King of England Scotland France & Irland Defender of y* 
Faith &c. Anno Domini 1629. 

R. Warwick. 

Seal 

Recorded according to y^ Oraganall Jan"^ 17*^ 1721. 

p Abra™ Preble Reg"" 



XXV. 

GRANT TO CLAUDE LA TOUR, BY SIR WILLIAM 
ALEXANDER. 

April 30 -■ noc\ 
May 10' J^odU. 

Sources. 

The grant of lands on the coast of La Cadie, extending 
from Canso to New England, was made by Sir William 
Alexander to Claude La Tour and son, ^P//fg, 1630. 
Although the transaction was of so little importance to the 
grantor that no reference to it is found in his own works, it 
was nevertheless the basis of a subsequent grant by Crom- 
well to Charles La Tour ; it is therefore included in this 
collection of documents, relating to Maine history. 

The original French deed, with an English translation, 
was recorded in Boston, se"p°tember^3> 1659, in order to secure 
an English registry, because Acadia had become subject to 
England by the advantages gained by Sedgwick in 1654. 
The document was first printed by Ebenezer Hazard " His- 
torical Collections " (Philadelphia, 1792), I., 294-298. The 
English translation is in "Suffolk Deeds," HI., folio 276, 
and the French instrument of the same date is in folios 
272-275. Among other documents proving the English 
claim to Acadia there is also recorded the patent by which 
Alexander conferred the title of baronet on La Tour, 
1629/30. 

The text adopted is the English translation in the 
" Suffolk Deeds." 



TERRITOUIAL HISTORY OF MAINE. 129 

Text. 

In the name of God Amen know all those who these 
Lett" Patients shall see or shall heare read, that vpon this 
p'^sent thirtie day of Aprill in the yeare of our Lord one 
thousand Sixe hundred and thirtie before me Josh Maynet 
Notary & Tabellion Royall dwelling in London Admitted 
and sworne by the Authoritie of o"^ SoQaigne Lord the King, 
& in the p''nce of the witnesses, herevnder named were p'sent 
in pson My Lord W"" Allexauder Knight Lord of Menstrie 
& Cheife Secretary of State for the Kingdome of Scotland 
for his said Ma"*'* ot great Bretany privy Counsel lo"" of 
State, & Leiu' vnto his said Ma"^ in New Scotland in Amer- 
ica on the one pt who haueing by Lett" Pattents, from 
[lis said ma"" under the great scale of Scotland, the Dona- 
tion of all the Said Countrey of New Scotland called by the 
french the Countrey of Accadye, in America, vnto him & 
his heyres in ffief & ppetuall inheritance, bearing date the 
tenth of the Moueth of September in the yeare One thousand 
Sixe hundred twentie & one, he hath out of the respect & 
amitie w*''* he beareth vnto S'' Claude de Sainct Estieune 
Knight Lord of La Tour & of Vuarre, & Vnto Charles de 
Sainct Estienne Esq% Lord of Samt Denicourt his Sonne 
on the other p^ the Said S'' Claude de S* Estienne being 
p''sent accepting & by these p'^nts Stipulating for his Said 
Sonne Charles being absent & for their heyres, & as well 
for the merit of their psons & for theire assistance to the 
better discovery of the said Countrey, & vpon other con- 
sideracons, the said Lord Allexander hath giuen & by these 
p^uts, franckely & freely doth giue vnto the said Knight de 
La Tour & vnto his said Sonne & vnto theire heyers, they 
seeing Cause ppetually & for euer to dispose of as of theire 
owne proprietie, true & Loyall acquest, & Conquest all the 
Country Coasts & Islands, from the Cape & River of Ingo- 
gon nere vnto the Cloven Cape in the said New Scotland 
Vol. I. 10 



130 DOCUMENTS RELATING TO THE 

Called the Countrey & Coast of Accadye, following the Coast 
& Islands of the said Countrey towards the East vnto Port 
de La Tour formerly named L'omeroy & further beyond the 
said Port ffollowing along the said Coast vnto Mirliquesche 
nere vnto & beyond the Port & Cape of L Heue drawing 
forward fifteene leagues within the Said Lands towards the 
North, of all the w*^*' said lands & seas the said Knight de la 
Tour & his sonne shall receiue all the fruicts, profits emol- 
uments that may provene generally and whatsoeuer as of 
theire owne proper & loyall acquest in all right & Jurisdic- 
con & priviledges whatsoeu' as much or more then any 
Marquis, Earle or Baron holds or rayseth from the Crowne 
of Scotland, according to the Lawes or Letf' Pattents vnto 
the said Lord Allexander, & vnto them graunted by the 
Kings of Scotland, within the w'''^ Countrey, Lands & seas 
aboue named, they may make build & erect villages, 
Townes, & Castles & ifortresses as they shall see good, w'"* 
said Knight de La Tour, and his said Sonne shall hold & 
enjoye, all the said Countrey here aboue Avithin the said 
Limitts named from the King & the succession of the said 
Crowne of Scotland in tfief &, title of honnor & right of 
inheritance with the said S"" W™ Alexander to them by vertue 
of the power to him by the said Pattents giuen hath erected 
and entitled by two Barronnies, namely the Baronny of 
Sainct Estienne & the Baronny of de La Toure, w'='^ may be 
Limitted & bounded equally betweene the said Knight de 
La Tour & his Said Sonne, if they shall see cause, vpon 
Condition that the said Knight de la Tour, & his said sonne, 
as he hath pmissed & for his Said Sonne by these p''fits doth 
gmisse to be good & faithful Vassalls of the said Sov^'ai^ne 
Lord the King of Scotland & theire heyres and successo", 
& to giue vnto him all obedjence & assistance to the reduce- 
ing of the people of the said Countrey & to entertaine good 



TERRITORIAL HISTORY OF MAINE. 131 

Amitie & Correspondency with the said Lord Alexander & 
his heyres, and all his subjects w'^'' there shall be planted 
& resident, & shall maintaine good & faithfull Societie & 
Vnion & the respect due vnto the said Lord Alexander 
as vnto the Leiu^ of the King, the said Lord Alexander 
gmissing also on his part Amitie Societie Correspondency 
assistance & protection from his said Ma"*" & from him selfe 
his Leiu* flurthermore & over & abone the said Lord Allex- 
ander graunteth vnto the said Knight de La Tour & vnto his 
said Sonne & vnto theire heyres & successo" & Assignes for 
euer the right of Admiraltie in all the extent of theire said 
Lands & Limitts The said Lord Allexander & Knight de La 
Tour to hold & fullfill the Contents of what is aboue, with- 
out euer in any sort whatsoeuer violating thereof vpon the 
obliging of all theire goods p'"iit & to come &, vpon the pgen- 
altie of the Ordinances appointed by the Lawes Established 
on the one p' & the other to the violation hereof, the said 
Lord Allexander pmissing over & aboue to make or Cause 
to be made more ample Writing in good & due forme, 
according and Conformably vnto the said Lett" Patients 
vnto him graunted by his said Ma''% whereof a Coppie 
Collationed with the Originall shall be giuen vnto the Said 
Knight de La Tour & his said Sonne & the said Lord Allex- 
ander shall cause these p''iits to be agreed vnto, & ratifyed 
by his said Ma"*' vnder the great Seale of Scotland, it need 
shall require, in witnes of the truth hereof there are two 
writtings of the same tenor made & jndented w*^*^ each ptie 
hath respectiuely signed sealed & delivered, this made & 
passed in Martins Lane nere vnto this Cittie of London in 
the pMlce of s"^ Allexander Strachan Baronet of Thornton, 
George Angush Peter James & Kich' Grimes witnesses 
herevnto Called & admitted 

Signed W Alexander a litle seale 



132 



DOCUMENTS RELATING TO THE 



In testimony of the p''misses I the 
aboue named Notary being required A Strachan 
haue Signed this p''iit instrin' w"^ my Rich Grames 
nianuall vsuall : signe I doe approve 
of these words (theire heires & Rich : 
Grimes) being interlyned 



the m'"ke 
Georofe An^ush 



A 



of 



A Great Scale in green wax 
affixed and pendant below \ Peter James 




endorced 

Wee the vndersigners doe Certifie that Josh : Maynet who 
hath vndersigned this instrum* here before, written with his 
owne hand is a Notary Royall dwelling at London by the 
Authoritie of the King our Soveraigne sworne and admitted, 
& that full faith & Credit ought to be giuen both in judge- 
m*, & out of the same vnto the acts & jnstrum** & other 
writings by him so vndersigned — 

made at London the 30*'' day of Aprill 1630 

Carolus Demetrius Not pub°"' 

Tho : de waiuter No? pub°"* 

This deede before mentioned being translated hath beene 
read & Comped w*'' y'' Original! in french by me, & I finde 
it no way differing in substance y*" from 27 : 6 : 1659. 

Jo : Endecott Gov"" 

This deede so translated is Entred & Recorded in the 
booke of Reccords for the County of Suffolke in New Eng- 
land at Request of the sajd Joshua Scottow Attourney to S' 
Charles de S' Estienne Lord of La Tour Barronet of New 
Scotland word for word Compared w*'' the originall this 24*'' 
of August 1659. 

p Edw. Rawson Recorder 



TEKKITOKIAL HISTORY OF MAINE. 133 



XXVI. 

NOTES ON THE LYGONIA GRANT BY THE GREAT 
COUNCIL FOR NEW ENGLAND. 

June 2G -. p^rx 
JULV 6' -^"^^ 

jSources. 

Of the grant of land by the Great Council ^^'c. 1^30, 
under the title of the Province of Lygonia hut little is known 
from contemporary records. The names of the grantees 
and the exact date are best supplied by a document in the 
possession of the Maine Historical Society, " Abstract of the 
Title of Edward Rigby to the Province of Ligonia " (Pejep- 
scot Papers, VIL, 8 a), which is referred to by Charles 
Edward Banks in a series of able articles on " The Plough 
Patent" in " Maine Historical and Genealogical Recorder," 
1885. 

That a company was formed and sailed for New England 
in the ship Plough is known from John Winthrop, " History 
of New England," edited by J. Savage (Boston, 1825-26), 
I., 69-72 ; and from letters published in " Winthrop Papers " 
Massachusetts Historical Society, " Collections," Series IV. 
VII., 88, 89. 

The name, Lygonia, was bestowed on the province in 
honor of Cicely Lygon, mother of Sir Ferdinando Gorges. 
The common designation. Plough Company, or Plough 
Patent, was probably from the ship which conveyed the 
company of " familists" to New England, although James 
Sullivan, " History of Land Titles in Massachusetts," sug- 
gests the tenure " in free and common soccar/e" or br/ the 
plough may have given rise to such an appellation. 

In 1643, when the survivors of the original grantees sold 
the province of Lygonia to Sir Alexander Rigby. the patent 
which, according to Hubbard, had been in the hands of 
Richard Dummer, of Newbury, as agent of the company, 
was "ordered home," and no trace of it has since been dis- 
covered. In 1677/8, the purchase of the Province of Maine 
by Massachusetts extinguished all claims arising under the 
Plough Patent. 



134 DOCUMENTS RELATING TO THE 

" The Abstract of the Title of Edward Rigby " was drawn 
up in 1686 by George Turfrey, who was the attorney of 
Edward Rigby, grandson of Sir Alexander Rigby. Banks 
draws attention to the disparity of statements between Tur- 
frey and contemporary writers in certain particulars. The 
document however throws some light on the early history 
of the province of Lygonia, and is accordingly inserted 
under the belief that this is the first time it has been printed. 



Text. 



1620 
Nov. 3 



King James the First, by Letters Patents in 
the 18"* year of his Reign grants unto the Duke 
of Lenox, the Earle of Warwick, S'' Ferdinando 
Gorges & als all the Tract of Land called New 
England in America, incorporating them into a 
Body Politique to be known by the Name of the 
Councill of Plymouth, giving them Power to grant 
Plantations, make Laws &c. 

The Earle of Warwick, S^ Ferdinando Gorges leso 
for themselves & the rest of the Councill of Plym- 
outh, by Indents dated 26"' June in the Sixth 
year of the Reign of King Charles the First, Grant 
unto Bryan Bincks, John Dye, John Smith & 
others their Associates their heirs & Assigns for 
Ever, Two Jslands in the River Sagedahock, 
near the South Side thereof about 60 miles from 
the Sea & also all the Tract containing 40 miles 
in Length & 40 miles in breadth upon the South 
side of the River Sagedahock, with all Bayes, 
Rivers, Ports, Inletts, Creeks &c together ^vith 
all Royalties & Priviledges within the Precincts 
thereof calling the same by the Name of the 
Province of Ligonia with j)ower to make Laws &c. 

In the Year 1630, The S'^ Bryan Bincks, John 
Smith & others, Associates go personally into New 



Ai)r. 7 



TERRITORIAL HISTORY OF MAINE. 135 

England & settle themselves in Cusco Bay near 
unto the South Side of Sagcdabock, & lay out 
cousideral)le Sums of Money in planting there, 
& make laws & constitutions for the well ruling 
& governing their S*^ Plantations & Province. 

S"" Ferdinando Gorges obtaineth from the King imo 
Letters Patents under the Great Seal of England, 15 (-ar: ut 
purporting a Grant to him & his heirs of all the 
Lands between the River Piscataway & Sagade- 
hock & extendins: 160 miles from the Sea into the 
Main Land & that Territory is by those Letters 
Patents named the Province of Main. 

John Dye & John Smith, Tho : Tupe & other ims 
Survivors of Bryan Bincks & others with their 
Associates Grantees of the S** Province of Ligo- 
nia, do grant unto Alexander Rigby of Rigby in 
the County of Lancaster Esq"^ & his heirs forever, 
the S"* Province of Ligonia, with all their Estate 
interest & claim to the S'' Land & Bays & 
Premises 

Afterwards Alexander Rigby makes several loans ism 
and grants of several 1 parcells of Land within the 
S"* Province of Ligonia to divers persons reserving 
small Quitrents & imploys much time & expends 
considerable Sums of nioney in furthering & pro- 
moting plantations there, & he drew up severall 
constitutions for the well sroverninff of the Inhab- 
itants of S'' Province which were about the 30"' 
July 1644 contirmed by the Earle of Warwick & 
others the Comissioners appointed by Parliament 
for Foreign Plantations, by which S'^ constitutions 
the S** Alexander Rigby his heirs & Assignes are 
appointed to be President & Presidents of the S'^ 
Province of Liironia. 



July 30 



13a 



DOCUMENTS RELATING TO THE 



1646 
Mar. 27 th 



There arising some differences between the s*^ 
Alexander Rigby & John Gorges Son & Heir of S*^ 
Ferdinando Gorges concerning the Title & bound- 
aries of the Province of Ligonia & the Province of 
Maine the same was heard before the Earle of War- 
wick & the then Comission""' for settling affairs of 
Foreign Plantations : And they did by a Deed in 
Writing, Dated 21^^ March 1646 declare & adjudge, 
That the Right & Title of the Province of Ligonia 
was in the s" M'' Rigby & his heirs & all the In- 
habitants thereof were then commanded to Submit 
to the Governm* & Jurisdiction of the s** M' 
Rigby, which all or most of the Inhabitants in 
Anno 1645 had done, by consenting unto the s*^ 
Constitutions then sent them & subscribing their 
Names thereunto. 

Alexander Rigby afores" enjoyed the same 
during his lifetime & dyed Aug 18*'^ 1650, 
whereby the Premises descended to Alexander 
Rigby his Son & heir, Who by his Deeds granted 
the Premises unto Edward Rigby of Grays-Inne 
in the County of Middlesex Esq', his younger 
Brother, his heirs & assignes. Who sent ouer 
George Cleves Gent" as Deputy President of the 
same Province. And from time to time supplys 
them with severall effects, for the better encour- 
agement & promotion of the Inhabitants & Planters. 

The s" Edward Rigby Dyed & then the Premises 
descend to Edward Rigby his Son & heir. 

Pr George Turfrey Attorney 
to the s"^ Edw'^ Rigby 
Recorded in the Secretaries Office 



1650 
August 18 



1686 
June 8 



TERRITORIAL HISTORY OF MAINE. 137 



XXVII. 

BLACK POINT PATENT, BY THE GREAT COUNCIL 
FOR NEW ENGLAND. 

November 1/11, 1631. 

Sources. 

For the patent to Thomas Canimock by the Great Coun- 
cil orranting him fifteen hundred acres of land on the east 
side of the Black Point River (now Nonesuch), November 
1/11, 1631, an authenticated copy of the original is among 
the " Trelawny Papers," in the archives of the ]\Iaine 
Historical Society. It was published in 1884 by James 
Phinney Baxter, editor " Trelawny Papers," Maine Histor- 
ical Society, Docuinentar>^ Series, HI., 10-14. The |)atent 
was entered at York ScK'"^6' 1670, and is printed in 
"York Deeds," II., folios 87, 88. 

Thomas Cammock was a nejjhew of the Earl of Warwick, 
president of the Great Council when the patent was issued. 
That circumstance doubtless gained other favors for Cam- 
mock. March 15/25, 1640/4i, Thomas Gorges, the deputy 
of Sir Ferdinando Gorges, confirmed to him by a new deed 
all the lands granted by the Great Council, with Stratton's 
Island in addition, " York Deeds," II., folios 85,86. A 
deposition of Francis " Robbinson " in 1670, concerning 
bounds of patent granted to Thomas Cammock on Mills 
River and Spurwink River in Maine, is in " Suffolk Deeds," 
VI., 217, and gives additional value to claims under the 
Black Point patent. 

Cammock died at Barbadoes in 1643, and Margaret, his 
widow, afterwards married his friend, Henry Jocelyn, the 
first and only royal magistrate of Maine, who came into 
possession of the estate. 

The text adopted for this reprint is Mr. Baxters, in the 
" Trelawny Papers." 

Text. 
To ALL Christian Peopell to whome this present writ- 
ings Indented shall come, the Counsell for the art'aires of 



138 DOCUMENTS RELATING TO THE 

New Ingland in America, Send grettinge in our Lord God 
Euerlasting : Wher as Kinge James of famous raemmory, 
late Kinge of England, Scotland, ffrance, and Ireland, by 
his Highnes leters pattents, and Royall grante vnder the 
greate scale of Ingland, bearinge Datte the 3^^' Day of 
Noumber in the Eighttenth yeare of his Raigne of Eng- 
land, France, and Ireland, @c., for the Causes there in Ex- 
pressed Did Absolutly giue, grante, and confirme Vnto the 
said Counsell for the Affairs of New Ingland in America, 
and the Successors for euer, all the land in New Eng- 
land in America, lyinge And beinge from fourty to fourty 
Eight Degrees of Northerly Lattitude, and in length by 
all that bredth afore said from Sea to Sea through out 
the Maine land, to geather With all the Woods, Waters, 
Riuers, Soyles, Hauens, Harbours, Isle land, and other 
comodityes what soeuer there two belonginge With Diuers 
other priueledges, preheminencies, proflStts, and libbertyes, 
by Sea and land, as by the said letters pattents, A Mongste 
other thinges Contained, where vnto Due relacon ^ beinge 
had more at large itt doth and maye appeare : Now Knowe 
YEE that the said Counsell, by vertue and Authoritie of his 
said latte Ma'* lettrs Pattents, and for an In consideration 
that Cap' Thomas Camocke and his Associatts haue for 
these two years last past liued in New England Aforesaid, 
and haue there Inhabbitted, Planted, and builte in the 
Countrye off New Ingland aforesaid some Conveniente 
Houseinge, and for that Hee hath Venttred himselfe, Has- 
arded his life, and Expended Seuerall Somes of Monny in 
the More Ample discouerie of the Coast and Harbor of 
those partes, and is for the Efectinge of soe good A worke 
minded two vndergoe the flfarther Charge of Settling him 
selfe, his fi'araily and ffrinds, in those partes, in Considera- 
tion Whereof, And for the Better Incoragement of the said 

iln the original written le laton. 



TERRITORIAL HISTORY OF MAINE. 139 

Cap^ Thomas Caniocke and his said Associatts and Assignes, 
and other good causes and consideration the said Counsell 
there vnto Moueinge, IIaue giuen, Granted, Allotted, As- 
signed, and Conternied, and i)y these presents Doe fully, 
Clearely, and Abbsolutly giue, grante, Allote, Assigne, 
and Conferme vnto the said Captaine Thomas Camocke, his 
Heirs, Associatts, and Assignes for euer, all that one Thou- 
sand fine Hundred Acckers of land Sittuatted and b(ndering 
vpon the East side of the Kiuer Comonly Called ore known 
by the Name ofl' the Riuer of Blacke Poynte, ore by what- 
soeuer other name ore names the same is ore haue byne ore 
here aft'ter shalbe Called or knowne, by which the Libberty 
of fishinge And fouleinge in and vpon the said Riuer of 
Blacke Poynte Easteward soe farr as the Extente of the 
lymetts lyeth, together With all the Shoures, Creckes, bayes, 
ore Hauens, and Coasts, alonge the Sea ore v}) in the land 
with in the bounds and limitts of the said one Thousand tiue 
Hundred Accarrs of land, with the Woods and Isle lands with- 
in the said bounds, together also with all the IVIynes, Myner- 
alls, Trade of what Kind or Nature soeuer. Woods, quarries. 
Marshes, watter Lakes, tishinge vpon the Sea Coast, Hunt- 
inges, Hakinges, fouleinges, Commodityes, Emoluments, 
and Hereditaments what soeuer. With all and singular ther 
and euery of there Appertinances, in ore with in the Limetts 
ore bounds Aforesaid, ore to the said land lyinge within the 
said limetts, ore bounds belonginge ore in Any wise apper- 
taininge. With ftree passage and Repassage two and from 
the place of Plantation, through the said teritoryes of New 
England by watter ore by land as his ore ther Occasion 
shall Require, To haue and to Holue all and singular 
the said Maine land and premises with all and singular the 
Woods, quaris. Marshes, watters, Riuers, Lakes, tishinge, 
fouleinges, Hakings, Huntings, Mynes, Myneralls, trade of 
Whatt kind ore nature What Soeuer, Preueliges, Rightes, 



140 DOCUMENTS RELATING TO THE 

Jurisdictions, libertyes, Koyalltyes, and all other ProflBtts, 
Commodityes, Emoluments, and Heriditements what soeuer 
befor in and by these presents giuen And granted, or here 
in Mente, Mentioned, or Intended to be here by giuen ore 
graunted, with there and euery of there Appurtenances, and 
euery parte and p'cell thereof, vnto the said Capt Thomas 
Camocke, His Heirs, Assosiatts, and Assignes for euer, to 
thonly proper vse and behoufe of the said Cap* Thomas 
Camocke, Heirs, Associatts, and Assignes for euer, Yeald- 
INGE and payeinge vnto oure Soueraigne Lord theKingeone 
ffifte parte of Gould and Silluer Oare, and another fifte parte 
to the Counsell Aforsaid and theire Succssors To be 
HouLDEN of the Counsell and there succesors, by the Rent 
here After in these presents Reserued, Yealdinge and 
payinge there for yearly for euer vnto the said Coun- 
sel!, ther succesors ore Assignes, for euery Hundred 
Accars of the said land in vse twelue pence of laufull 
Money of Ingland into the Hands of the Rente gatherer for 
the tyme beinge of the said Counsell, ther Successors ore 
Assignes, for all seruice what so euer. And the Said Coun- 
cell for the Afairs of New Ingland afor said, Doe by these 
presents nominate, Debute, Authorize, and Apointe, and 
And in there place and stead putt Cap* Walter Neale, 
Richard Vynes, gent, and Henry Joslyne, Lififtennatt, all 
of New England, ore any of them Joyntly ore seuerally, 
to be there true and lawefull Attornye ore Attornyes, and 
in there name and Stead to Enter into the said p'te ore Por- 
tion of land and other the premises with the Appurtenances 
by these presents giuen And granted, ore into some parte 
there of in the name of the whole, and peaceable and quiett 
possesion and seazon there of for them to take, and the 
same soe had and taken in there name and stead to Deliuer 
possesion and season thereof vnto the said Cap* Thomas 
Camocke, his Heirs, Associatts, and Assignes, Accordinge to 



TERRITORIAL HISTORY OF MAINE. 141 

the tennor, forme, and effecte of these presents, Rattifining, 
Conferminge, and Alowinge all and what soeuer the said 
Attornye ore Attornyes, Or any of them, shall Doe in Ore 
Aboutte the premises by Vertue Here of: Prouided all 
wayes that the said Cap* Thomas Camocke, his Heirs, Asso- 
ciatts, ore Assignes, ore any of them, shall not att any 
tyme or tymes Here After Allien or Conuaye awaye the 
said Premises soe giuen and granted as Afor said, ore any 
parte there of, with out the Consent, or Assent, of the said 
Counsell, ore the Maior parte of them, or other ther Gouer- 
nor settled In those partes for the Gouernmente of those 
Afijiires, first had and Obtained on Writtinge vnder there 
hands, and Comone seale of them ore of there said Gou- 
ernor. And lastly the said Counsell for the Afairs of 
New Ingland Aforsaid, for them and there succesors, Doe 
Couenante and Grante to and with the said Captaine Cam- 
ocke, his Heirs and Assignes, by these presents shall, If 
hee, his Heirs Ore Assigns, ore any of them, att any tyme 
or tymes here After vpon any doubte which the shall 
conseaue, Conserninge the strength and Vallidity in the 
Lawe of this there present grante, or elce be Desirous to 
haue the same Renewed by them or there successors, which 
amendment of Such Imparfections and Defects as shall 
appeare fitt and Nessary to him, the said Cap' Thomas 
Camocke, His Hirs ore Assignes, to be Reformed and 
Amended, one the behalfe of them and theire successors, 
and for the fartheringe of the said plantation and gouern- 
mente, ore the Increase, Continewiuge, ore fflorishinge 
there of, that then vpon pettion of him the said Cap' Thomas 
Camocke, his Heirs ore Assignes, to them and there 
successors, ore Gouernor Aforsaid, made, they the said 
Counsell And there Successors shall and will forth with 
make and pase vnder there Common Seale to him, his 
heirs and Assignes, such further and Better Assurance of 



142 DOCUMENTS RELATING TO THE 

all and singulare the Before granted and Recitted Premises, 
and of Euery parte and parcell there of, with there Apport- 
tanances, accordinge twoe the trewe Intente and Meaninge 
In this there Grante ore Convayance signified, Declared, 
ore Menchoned, as by the learned Counsell of them, and 
there suckesessors, and of him the said Cap* Thomas Cam- 
ocke, his Heirs and Assignes, shalbe Reasonablye in that 
behalfe Denized ore Aduized, and that in all questions and 
Dovbts which shall Arise vpon any DiflBculty of Construction 
ore Interpetation of any thinge menchoned in this there 
presente Grante, the same shalbe taken and Interpreted in 
moste Ample and Benifishall manner for him the said Cap- 
taine Thomas Camocke, his Heirs and Assignes. Inwittness 
WHERE OF the said Counsell haue here vnto fixed ther Scale, 
Datted the first daye of Nouimber, Anno Domini 1631, 
And in the years of the Raighne our Soueraigne Lord 
Charles, by the grace of God Kinge of England, Scottland, 
France, and Ireland, Defender of the ffaith, @ the 7"' 

This is a true Coppie of Cap* Thomas Cammocks Pattent 
for New Ingland, taken out of the Originall in Plymouth, 
the 4*"^ of January, 1631, By the speciall leaue and Consent 
of the said Cap* Thomas Cammocke, Examined and agreed 
on by vs herevnder 

Robert Trelawny. Thomas Coga. John Kinge. 



TERRITORIAL HISTORY OF MAINE. 143 



XXVIII. 

THE PASCATAWAY GRANT BY THE GREAT COUNCIL 
FOR NEW ENGLAND. 

November 3/13, 1631. 

Sources. 

In respect to the grant and confirmation of" Pascataway 
to Sir Ferdinando Gorges, Captain Mason and others, No- 
vember 3/13, 1631, the original document is in "Colonial 
Papers," VI., 28, Public Record Office, London. 

The text has been several times printed by John Scribner 
Jenness, in "Isles of Shoals, an Historical Sketch" (New 
York, 1875), second edition. Appendix III., 182-185; 
"Transcripts of Original Documents in the English Arch- 
ives, Relating to the Early History of the State of New 
Hampshire" (New York, 1876), 8-14; and in " Notes on 
the First Planting of New Hampshire and on the Piscataqua 
Patents" (Portsmouth, 1878), Appendix II., 82-84. 

The grant was also transcribed from the original for 
Charles Wesley Tuttle, compiler, " Capt. John Mason, the 
Founder of New Hampshire," John Ward Dean, editor, 
(Prince Society, 1887), 198-204, which is the text adopted. 

Text. 

This Indenture made the 3*^ day of Nouem"" An° Din 1631 : 
and in y" 7'^ yeere of y" Reigne of our Souaigne Lord Charles 
by the Grace of God of England Scotland France and Ire- 
land King Defender of the ffaith &c : Betweene the presid', 
& Councill of New England on y'" one p'^' and S'' Ferdinando 
Gorges Kn' Cap' John Mason of London Esq' and their 
Associates John Cotton, Henry Gardner, Geo. Griffith, 
Edwin Guy, Thomas Wannerton, Thomas Eyre and Eliez' 
Eyer on y*" other p'-' Witnesseth. That whereas our late 
Soueraigne Lord of famous meinorv Kins: James for the 



144 DOCUMENTS RELATING TO THE 

makeing of a Plantacon and establishing of a Colonic or 
Colonies in y*^ Countries called or knowne by the name of 
New England in America, did by his Highnesses Lres pat- 
ents under the Great Scale of England, bearing Date at 
Westm y® 3*^ day of Nou"" 1620 giue grant and confirme unto 
the R* Hon'''° Lodwicke Duke of Lenox, Geo. Marques of 
Buckingham, James L*^ Marques of Hamilton, Thomas Earle 
of Arundale, Robert Earle of Warwicke, S"" Ferdinando 
Gorges Kn* and diuerse others whose names are expressed 
in the s*^ Lres Pa?, their Heircs and Assignes, that they 
shalbe one body Politique, and Corporate perpctuall, and 
that they should haue perpctuall Succession, and one Com- 
mon Scale or Scales, to serve for the said Body, And that 
they and their Successors shalbe knowne, called and incor- 
porated by y® name of the presid* & Councill established at 
Plym*' for the planting ruling and gouerning of New England 
in America, and did of his espcciall Grace, certaine knowl- 
edge, and mere mocon for him his Heires and Success""* give, 
grant, and confirme unto the s*^ presid. and Councill and 
their Success'''* under y**, Rescrvacons, Limitacons and Decla- 
racons in the s*^ Lres pat. expressed All that part and porcon 
of y*" Countrie now commonly called New England w^'' is 
situate, lying, and being betweenc y*^ latitude of 40 gr and 
48 of North''ly latitude, Togeather w*"" y® Seas and Islands 
lying w**^ in 100 Miles of any port of y® s** Coasts of y® 
Countrie afores** And also all y® Lands, Soyles, Grounds, 
Havens, Ports, Rivers, Mines as well Roy" Mines of Gold 
and Silver as other Mines, Min''alls Pearles and precious 
stones. Woods, Quarries, Marshes, Waters, ffishings, Hunt- 
ing, Hawking Howling, Commodities and Hereditam^* w*so- 
ever, togeather w*-^' all Prerogatiues, Jurisdicons, Royallties, 
priuiledges, ffranchises, and Preheminances w'4n any of the 
s'^ Territories and y^ p''cincts thereof w'soeuer. To have 
hold possess and enjoy all and singuler the said Lands and 



TERRITORIAL HISTORY OF MAINE. 145 

p'misses in y*' s'' Lres pul granted or menconed to be granted 
unto them y*" s'' prcsid' and Councill tlieir Successors and 
Assign for euer. To be holden of his Mu"^ his heires and 
Successors as of H*'* owne raan"" of East Greenw'^'^ in the 
Countie of Kent, in the free and Common Soccage and not 
in Capite or by Knights Service. Yeilding and paying to 
the King's Ma""^ his Heires and Success" the one 5^'' part of 
all y*" Gold and Siluer Oar that from time to time, and at 
all times from ye date of the s'^ Lres pal shalbe there gotten 
had or obteined for all Services duties or demands as in and 
and i>y his H"' Lres pal : amongst divs other things therein 
conteined more fully and at large it doth and may appeare, 
and whereas the s** Presid' and Councill have upon mature 
deliberacon thought fitt for the better furnishing and fur- 
therance of y'' Plantacon in these parts to appropriate and 
allott to seQall pticuler psons diuerse pcells of land w"'in 
the p'^cincts of the afores'* granted p'^misses by his Ma'* 
s** Lres paL Now this Indenture Witnesseth that the s*^ 
Presid* and Councill of their full free and mutuall consent, 
as well to y*" end that all the lands, Woods, Lakes, louches, 
Rivers, Waters, ponds. Islands and Fishings, w*^ all other 
Traffique, ProflStts, and Commodities whatsoeuer to them 
or any of them belonging, and hereafter in these pnts men- 
coned may be wholly and entirely invested appropriated 
seauered and settled in & vpon y'' s'' Sir fterdinaudo Gorges 
Capt. John Mason and their Associates, John Cotton Henry 
Gardner, George Griffith, Edwin Guy, Thomas Wanuerton, 
Thorn : Eyre & Eliezer Eyre as by diuers speciall Seruices 
by them already done for the aduancement of the s'' i^lanta- 
con by makeing of Clapboards and Pipe-staues — makeing 
of Salt panns, and Salt, transporting of Vines for makeing of 
Wines searching for Iron Oare being all businesse of very 
great Consequence for causeing of many Soules, both men, 
women and boys and store ot Shipps to be employed thither, 
Vol. I. 11 



146 DOCUMENTS KELATING TO THE 

and so in short time to proue a great Nursery for Shipping 
and Mariners, and also a great helpe to such as in this King- 
dome want good Imploym* And further for y* the s^ S^ 
fferd : Gorges, Capt. John Mason and their said Associates 
John Cotton, Henry Gardiner, Geo: Griffith Edwin Guy, 
Thom. Wannerton, Tho. Eyre and Eliezer Eyer haue by 
their Agents there taken great paines and spent much tyrae 
in the discouering of the Countrie all w'^*^ hath cost them 
(as we are credibly Informed) 3000' and upwards, which 
hitherto they are wholly out of purse, upon hope of doing 
good in time to come to y® publique, and also for other good 
and sufficient Causes and Consideracons the s'^ presid* and 
Councill especially thereunto moueing, Haue giuen granted 
bargained sold assigned, aliend, sett ouer enfeoffed and con- 
firmed and by these pnts do giue grant, bargaine, sell assigne, 
aliene sett ouer enfeofFe and confirme unto the s** fferdinando 
Gorges Capt John Mason, John Cotton, Hen : Gardner 
Geo. Griffith, Edwin Guy, Thom. "Wannerton Thom Eyere 
and Eliezer Eyre their Heiresand Assignes for ever All that 
house and chiefe habitacon situate and being at Pascataway als 
Passataquack Bassataquacke in New England aforesaid. 
Wherein Capt. Walt. Neale and y® Colony w"^ him now doth 
or lately did reside togeather w^*" the Gardens and Corne 
ground occupied and planted by the s'^ Colonic, and the Salt 
workes all ready begun as afores'^ And also all that porcon 
of Land lying w^*^ in the precincts hereafter menconed, 
beginning vpou the Sea coast about 5 miles to the w*ward 
of or from the s*^ cheife Habitacon or Plantation now 
possessed by the s** Capt. Walter Neale for y" use of the 
Aduenturers to Liconia (being in the latitude of 43 degr 
or thereabouts in the Harbour of Passataquack als Bassata- 
()uack aly Passataway, and so forth from y*^ s"* beginning 
Eastw'^ & North Eastw'' and so proceeding Northw'^' or 
North Westw'^' into y^ Harbour and River along the Coasts 



TERRITORIAL HISTORY OF MAINE. 147 

& Shoares thereof includin<? all the Islands and Islets 
lying w*'' in or neere unto the same vpwards unto the 
head land opposite unto the plantation or Habitacon now 
or late in the Tenure or Occupation of Edw"* Hilton, & from 
thence, W^w''* and South W^w''* in ye midle of the Riuer and 
through the midle of y^ Bay or Lake of Bequacack als Bassa- 
quack or by what other name or names it hath towards the 
bottome or westermost part of y*" Riuer called Pascassockes 
to the falls thereof, and from thence by an Imaginary Line 
to pass ouer, and to the Sea, where the pambulacon begann 
Togeather w"' all ye Lands, Soyle, Ground, Wood, Quar- 
ries, Mines, ffishing Hunting Hawking ffowling Comodities 
and Hereditam^' whatsoeuer, Togeather also w"' all Pro<ra- 
tiues, Jurisdicons Royallties, Priuileidges, ffranchises and 
preheminences w"'in y^ precincts of land conteined w^^'in 
y' limits or bounds afores'^ And also the Isles of Shoales, and 
ye ffishings thereabouts and all the Seas w"'in 15 miles 
of the fores'* Sea Coasts, and also all the Sea Coasts and 
land lying on y^ East and Northeast side of the Harbour 
and River of Pascataway afores'' and opposite to the bounds 
above menconed, beginning 15 miles to y^ S : eastwards of 
y^ mouth or first entrance and beginning of the said Har- 
bour, and so vpp to y" falls and into the ponds or Lakes 
that feed the s'* ffalls, by the space of 30 miles, including 
the s** ponds or Lakes and the Shoares thereof, and so 
crossing into the landward, at a right angle by the space 
of 3 miles the whole length thereof from y' s** mouth or first 
entrance from the Sea and Eastw''" into y*" Sea w'^'' s''3 miles 
shalbe allowed for y'' breadth of y*' s'' land last menconed 
both vpon y*^ land and Sea, As also all yc Land, Soyle, 
Ground, AVoods, Quarries, Mines, ffishinge, Hunting 
Hawking ffowling Commodities and Hereditam*^ whatsoeuer 
togeather w"' all prerogatiues Jurisdicons Royallties Priui- 
leidges flVanchises and pheminences w"'in the pcincts of land 



148 DOCUMENTS RELATING TO THE 

last menconed, conteined. To haue and to hold all y® s'^ 
House and Habitacon porcons of Land and all Lakes and 
Islands therein conteined as aforesaid, and all and sinffuler 
other y*" pniisses hereby giuen, granted, bargained, sold, 
aliened, enfeoffed, and confirmed, w''' all and singular thap- 
purtences and every part and pcell thereof unto y" s*^ S"" 
fferdinando Gorges, Capt. John Mason John Cotton, Henry 
Gardner Geo. Griffith Edwyn Guy, Thomas Wannerton, 
Thomas Eyre and Elyezer Eyer to y® only vse & behoofe 
of them -y*^ s'^ S'' fferd : Gorges &c for ever. Yeildins: and 
paying unto our Souer L'' y** King his Heirs and Succes- 
sors ^ of all y*^ Oare of Gold and Silver that from time to 
time and at all tymes hereafter shalbe there gotten had & 
obteined for all Seruices, duties and demands, and also 
yeilding & paying unto the s'^ presid' Councill and their 
Successo" euery yeere yeerely for ever 40* sterl- at y** ffeast 
of S' Mich : tharchangell if it shalbe lawfully demanded, at 
the Assurance House on the West side of the Roy" Ex- 
change in London. And the s'' presid' & Councill for them 
& their Success""^ do Covenant and Grant to and w*** y^ s'^ S"^ 
fferdin : Gorges, Capt. John Mason and their said Associates 
John Cotton Hen"" Gardner Geo. Griffith Edwyn Guy Thom. 
Wannerton, Thom. Eyer and Eliezer Eyre their Heires & 
Assignes by these piits that from thensealing and deliuery 
hereof according to y^ purport, true intent and meaning of 
these piits they the s'^ S"" Ferdinau. Gorges, Capt. John 
Mason and their s*^ Associates John Cotton Henry Gardner, 
Geo. Griffith, Edwin Guy, Thom. Wannerton Thom. Eyer 
and Eliezer Eyre, their Heires and xlssignes shall from 
tyme to tyme for euer peacably and quietly haue hold pos- 
sesse and enjoy all thafores"* House and Chiefe Habitacon 
porcons of Land w*^ all y" Islands andp''misses w"' thappur- 
tenaiices hereby before giuen and granted, or menconed, 
meant or intended to be hereby giuen and granted, and every 



TERRITORIAL HISTORY OF MAINE. 149 

part and parcell thereof, w'^outany Lett, disturbance, denyall 
trouble interrupcon or eviccon of or by y*= s'' President and 
Councill or any pson or gsons whatsoeuer claymingby from 
or vnderthena or their Successors or by or under their Estate, 
Right, Title or Interest And the s" presid' and Councill for 
them and their Successors do further Covenant and grant to 
and w"' y** s'' S"" ftcrd. Gorges, Capt. John Mason, and their 
Associates John Cotton, Henry Gardner, Geo. Griflfith Ed- 
wyn Guy, Tho. Wannerton, Thom : Eyre and Eliezer Eyre 
their Heirs and Ass by these piits that they the s*^ presid* 
and Councill shall at all time & times hereafter vpon reason- 
able request at the only proper Cost and Charges in the Law 
of the sd S"^ ferdin. Gorges, Capt. John Mason and their s*^ 
Associates John Cotton Henry Gardner, Geo. Griffith, 
Edwin Guy Tho. Wannerton Tho : Eyre and Eliezer Eyre 
their Heires and Ass' do, make pforme, suffer execute, and 
willingly consent unto any further Act or Acts, Conveyance 
or Conveyances, Assurance or Assurances for the good and 
pfect Investing, Assuring, Conveying, and sure making of 
all the afores*^ Houses and Habitacon, porcons of Land, 
Islands and all and singular other the pmisses w"' thappur- 
tences to the s^ S' fferd. Gorges Capt. John Mason and their 
s** Associates John Cotton Henry Gardner George Griffith 
Edwyn Guy, Thomas Wannerton Tho. Eyere and Eliezer 
Eyre their Heires and Assignes, or by his or their or any of 
their Councill learned in the Law shalbe devised or advised 
or required, And further Know y*^*^ that the s'' presid' and 
Councill haue made, constituted deputed, authorized ap- 
pointed, and in their place and deed do putt Capt. Thom : 
Camack Henry Jocelin, or in their absence to any other 
pson that shalbe their Gouerner or other Officer, to the 
Pres'" and Councill to be their lawful! attorny and in tiieir 
name & stead to enter into the s"^ House and Habitation 
persons of Land and other y*" pmisses aboue giuen and 



150 DOCUMENTS RELATING TO THE 

granted w"> their apptences, or into some pt thereof, in the 
name of the whole for them and in their name to haue and 
take possession and seizin thereof, and after such Possession 
and Seizin so thereoforof some part thereof in the name of the 
whole so taken and had, then for them and in their names, 
to deliuer full and peaceable possession and Seizin of all and 
Singular the s'^ granted pmisses unto y® s"* S*^ Ferdiuando 
Gorges Capt. John Mason and their said Associates John 
Cotton Henry Gardner, Geo. Griffith, Edwyn Guy Thomas 
Wannerton, Thomas Eyre, and Eliezer Eyre, or vnto their 
certaine Attorny or Attornys in that Vjehalfe, according to 
the true interest and meaning of theise gnts, Ratifying Con- 
firming and Allowing all and whatsoeuer their said Attorny 
shall do in or about the pmisses by these piits. In Witnesse 
wherof the said president and Council! to two parts of these 
presents both of one Tenor haue Sett their Common Scale 
and to one part thereof the s'' S"" Ferdin : Gorges, Capt. 
John Mason, John Cotton, Henry Gardner, Geo. Griffith, 
Edwin Guy, Tho : Wannerton, Thorn: Eyre and Eliezer 
Eyre, haue sett their hands and Scales the day and yeere 
first aboue written. 



XXIX. 

ABSTRACT OF THE GRANT TO RICHARD BRADSHAW, 
BY THE GREAT COUNCIL FOR NEW ENGLAND. 

November 4/14, 1631. 

Sources. 

Of the grant of fifteen hundred acres of land on the 
Pashippscot (Pejepscot) to Richard Bradshaw by the Great 
Council, November 4/14, 1631, but little is known, and the 



TERRITORIAL HISTORY OF MAINK. 151 

manuscript records of the Council for New Enjrland give but 
II brief abstract. That the grant was never made use offer 
any occupation at Pejepscot is clearly established. Corre- 
spondence between John Winter and Robert Trelawny 
proves conclusively that Walter Neale gave Bradshaw pos- 
session of lands on the Spurwink in exchange for the head 
waters of the Pejepscot, and that this land was afterwards 
conveyed to Tucker ; James Phinney Baxter, editor, 
" Trelawn}^ Papers," Maine Historical Society, Docu- 
mentary Series, HI., 32 ; 206, 207 ; 228-230. 

The abstract here printed is from Charles Deane, editor, 
** Records of the Council for New England," American 
Antiquarian Society, " Proceedings " (18(37), 98. No other 
record has been found except in VV. Noel Sainsbury, editor, 
" Calendar of State Papers," Colonial Series, I. 135. 

Text. 

Another Pattent granted & sealed the same day to 
Richard Bradshaw of New England, of 1500 Acres of Laud, 
to be allotted above the hedd of Pashippscot, on y^ north 
Side thereof (not formerly granted to any other) with all 
Comodityes and priviledges proper for his necessary occa- 
sions, as by the Counterpart of y*^ saide grant may appeare. 
The consideration for and in respect of the charge he had 
been at in his liveing there some yeares before, & tor y' he 
purposed to settle himselfe there with other his friends & 
servants, & for y' he is to pay 12*^ for every hundred Acres 
of Land in use by the yeare (when it shall be demanded by 
the Rent-gatherer,) and the one fifth part of y® Gold and 
Silver oare there shall be found to his Ma'^, and another 
lifth part to the President & Councell, and not to alyen the 
same without consent first had and obtained. 



152 DOCUMENTS RELATING TO THE 



XXX. 

TRELAWNY PATENT, BY THE GREAT COUNCIL FOR 
NEW ENGLAND. 

December 1/11, 1632. 

Sources. 

According to Willis the original patent for the grant of 
lands at Cape Elizabeth to Robert Trelawny and Moses 
Goodyear, December 1/11 , 1632, was destroyed by the wife 
of a descendant of Robert Jordan, who had, with house- 
wifely zeal, used it to keep her pastry from burning. In 
1872, however, Mr. John Wingate Thornton, who was then 
in London, came most happily upon the clue to the original 
patent. By the generosity of the Rev. C. T. Collins 
Trelawny this document, and extensive correspondence 
between John Winter, governor of the Cape Elizabeth 
plantation, and Robert Trelawny, were presented to the 
Maine Historical Society. All these papers were carefully 
edited by James Phinney Baxter and published by the His- 
torical Society in 1884 under the title of " Trelawny Papers." 

The text adopted is that of the original patent, which the 
courtesy of Mr. Hubbard W. Bryant, librarian of the 
Society, has made accessible. It is also found in James 
Phinney Baxter, editor, "The Trelawny Papers," Maine 
Historical Society, Documentary Series, III., 1-9, with 
photographic facsimile to face page 9. 

Text. 

This Indenture made the ffirst dale of December Anno 
Dm 1631 And in the Seaventh Yea re of the Raigne of our 
Souraigne Lord Charles by the grace of God of England 
Scottland ffraunce and Ireland King defendor of the faith 
&c. Bktweene the President and Councell of New England 
of th'one parte And Robert Trelawny of Plymouth in the 
Countie of Devon Marchant Moyses Goody eare of Plymouth 



TERRITORIAL HISTORY OF MAINE. 153 

aforesaid Marchant and their Associatts of thother Parte 
WITNESSETH That Whereas our Soueraifrne lord King 
James of famous memorie hite King of England Scotland 
ffraunce and Ireland by his highness Letters Pattents and 
Royall graunte vnder the greate Seale of England bearing 
date the Third daie of November In the eighteenth yeare 
of his Raigne of England ffraunce and Ireland &c for the 
causes therein expressed did absolutely give graunte and 
confirme vnto the said President and Councell and their 
Successors foreuer. All the land in New England in Amer- 
ica lying and being from ffortie to ffortie Eight degrees of 
Northerly latitude, and in length by all that breadth afore- 
said from Sea to Sea throughout the Maine land, Togeather 
w'*' all the Woods, Waters, Rivers, Soyles, Havens, Har- 
boures, Ilelands and other Coinodities -vvhatsoeuer therevnto 
belonging, w"' diuers other Priviledges, prehemmeneneies, 
proffitts and liberties by Sea and land, As by the said letters 
Pattents (amongst other things contayned) herevnto due 
Relacon being had more at large it doth and maie appeare 
And whereas the said President and Councell 1)\^ vertue and 
Authoritie of his said Ma*^ Letters Pattents Ilaue by their 
deed indented Dated the ffirst daie of Nouember Anno Dm 
1631 And in the said Seauenth Yeare of the Raigne of our 
Soueraigne Lord king Charles giuen graunted allotted 
assigned and confirmed vnto Captaine Thomas Camocke his 
heires Associatts and assigues foreuer All that one Thou- 
sand ffive hundred acres of land scituate and bordering vpon 
the Eastside of the River Comonly called or known by the 
name of the River of Black Point or by vvhatsoeuer other 
name or names the same is or haue beene or hereafter 
shalbee called or knowne w"^ the libertie of ffishing and 
fowling in and vpon the River of Black Point Eastward soe 
farr as the extent of the limitts lyeth, Togeather w'" all the 
Shoaies, Creekes, Bayes or Havens, and Coasts along the 



154 DOCUMENTS RELATING TO THE 

Sea or vpp iu the land w'*' in the bounds and limitts of 
the said One thousand ffive hundred acres of land w'*" the 
Woods and Ilelands w"'in the said bounds, Too^eather alsoe 
W^^ all the Mines, Mine rails Trade of what kind or nature 
soeuer. Woods, quarries, Marshes, waters, lakes, flSshings 
vpou the Sea Coast, huntings, hawkings, fowliugs, Comod- 
ities, emoluni*^ and hereditam*' whatsoeuer w^'^all and singular 
their and everie of their appurtenncs in or w"' in the limitts 
or bounds aforesaid, or to the said land lying w^'^in the said 
limitts or bounds belonging or in anie wise appertayning 
w"' free Passage and repassage to and from the Place ot 
Plantacon thrrowe the said Terretories of Nevv= England by 
water or by land as his or their occasions shall require. To 
HAUE AND TO HOULD all and singuler the said maine land 
premisses vnto the said Captaine Thomas Camock his heires 
Associatts and assignes foreuer to there proper vse and 
behoofe of the said Captaine Thomas Cainock his heires 
Associatts, and assignes foreuer. As by the said deed in- 
dented doth and may now at large appeare This indent- 
ure [witnesseth]! that the said President and Councell of 
New-England by vertue and Authoritie of the said letters 
Pattents, and for and in consideracon That the said Robert 
Trelawny, Moyses Goody eare and their Associatts haue 
adventured and expended greate somes of mony in the Dis- 
couery of the Coasts and Harbours of those parts and are 
minded to undergoe a further Charge in settling a Planta- 
tion in the Maine land heereafter menconed Jn Consideracon 
whereof and for the better encoragem' of the said Robert 
Trelawny and Moyses Goodyeare, their heires Associatts 
and Assignes in effecting soe good aworke and for other 
good causes and consideracons the said President and Coun- 
cell thereunto moueinge Haue given graunted, allotted 
assigned and confirmed and by theis pfts doe fully Cleerely 

1 The om iasioa i8 in original document. 



TERRITORIAL HISTORY OF MAINE. 155 

and absolutely give graunte allott assigne and confirme vnto 
the said Robert Trelawny and Moyses Goodyeie their 
heires Associatts and assignes forever All those lands and 
hereditamets w"' Thappurtemnts scituate lying and being 
alonjre the Sea Coast Eastwards betweene the land before 
menconed to be graunted to the said Captaine Thomas 
Camock his heires Associatts and assignes, And the Bay, 
and River of Cascoe extending and to bee extended North- 
wards into the Maine land soe fair as the limitts and bounds 
of the lands graunted to the said Captaine Thomas Camocke 
as aforesaid doe or ought to extend towards the North, And 
alsoe all and singuler the Shoares, Creeks, Rivers, Bayes, 
Harbours, and Coasts along the Sea, or upp in the land 
w^*'in or adioyning to the bounds, and limitts aforesaid, 
And all and singuler Trees, Woods Mines, Mineralls aswell 
of Gould and silver Oare as of all or any other mettall kind 
or nature whatsoever. Quarries, Rivers, Waters, lakes, 
Comodities, emolum'' and hereditam'^ whatsoeuer arrising, 
growinge, renewing or being in or on the p'^misses or anie 
part thereof w"* in the bounds and lymitts aforesaid or to 
the said premisses. And the full free and sole libertie and 
Priviledge of Hawking and huntinge and to sett upp use and 
exercise any lawfull Trade Arte or mistery of what kind or 
nature soever in and vpon the said lands and premisses 
before menconed to be graunted or anie parte thereof, To- 
geather w**" free libertie to and for the said Robert Tre- 
lawny and Moyses Goodyearo their heires Associatts and 
assignes to fowle and ffishe, and stages Kayes and places for 
taking, saving and preseruinge of ffish to erect make main- 
taine and vse in vpon and neere the Ilelands Comonly called 
Richmond's Ileland and all other Ilelands w'*' in or neere 
the limitts and bounds aforesaid w'^'' are not formerly 
graunted to the said Captaine Thomas Camock as aforesaid 
And free Passage and Repassage to and from the premisses 



156 DOCUMENTS RELATING TO THE 

or anie part thereof ouer and throughe the said Terretories 
of New-England or anie parte thereof by Water Sea and 
land or anie or either of them at the will and pleasure of the 
said Robert Trelawny and Moyses Goodyeare their heires 
Associatts and assignes foreuer To haue and to hould all 
and singuler the said lands, Shoares, Creekes, Rivers, Bayes, 
Havens, Coasts, Trees, Woods, Mines, Mineralls, Quarries, 
Rivers, Waters, Lakes, Commodities, emolum^ fishings 
fowlings, Hawkings, Huntings, Trades, liberties, privi- 
ledges, Rights, Jurisdiccons, Royalties, Commodities here- 
ditam'* and premisses before menconed to bee graunted, and 
every parte and parcell thereof to the said Robert Trelawny 
and Moyses Goodyeare their heires Associatts and assignes 
foreuer to the onely proper vse and behoofe of the said 
Robert Trelawny and Moyses Goodyeare their heires Asso- 
ciatts and assignes foreuer Yealding and Payeinge vnto our 
Souveraio^ne lord the kinoj his heires and Successors one 
flSfte parte of all the Gould and silver Oare to bee found or 
had in or on the premisses or anie parte thereof and one 
other ffifte Parte of the Same to the said President and 
Councell aforesaid and their Successors foreuer To bee 
HOULDEN of the said President and Councell and their Suc- 
cessors by the Rent heereafter in theis pfits reserued 
Yealding and Payeing therefore Yearely foreuer vnto the 
said President and Councell iheir Successors or assignes for 
everie hundred acres of the said land in vse Twelue pence 
of lawfull money of England into the hands of the Rent- 
gatherer (for the time being) of the said President and 
Councell their Successors or assignes for all seruice What- 
soeuer And the said President and Councell for them and 
their Successors doe coveiint and graunte to and w"^ the said 
Robert Trelawny and Moyses Goodyeare their heires Asso- 
ciatts and assignes by theis pfits That they the said Presi- 
dent and Councell shall att all time and times heereafter 



TERRITORIAL HISTORY OF MAINE. 157 

vpon reasonable request, and att the only proper Costs and 
Charges in the Lavve of the said Robert Trelawny and 
Moyses Goodyoare, their heires and assignes doe make 
perforrae suffer execute and Willingly consent vnto anie 
further acte or acts, Conveyaunce or Conveyaunces assuraunce 
or assuraunces whatsoeuer for the good and perfect investing, 
assureing conveying and sure making of all the aforesaid 
premisses w*'' Thappurtefints, and of euery Parte and parcell 
thereof to the said Robert Trelawny and Moyses Goodyeare 
their heires and assignes as by them their heires or assignes 
or by his or their or anie of their Councell learned in the 
lawe Shalbee Deuised aduised or required Prouided allwaies 
That the said Robert Trelawny and Moyses Goodyeare their 
heires Associatts and assignes or anie of them shall not utt 
anie time or times heereafter allien sell or Convaye awaie 
the said premisses soe giuen and graunted as aforesaid or 
any parte thereof w"' out the Consent or assent of the said 
Premdent and Councell or the Maior Parte of them, or other 
the Governour settled in those Parts for the Gouvernmt of 
those Affaires first had and obteyned in writing vnder their 
hands and Comon scale of them or of their said Governour : 
And further knowe yee that the said President and Councell 
Haue made Constituted, deputed Authorized, and appointed 
and in their Place and stead Doe Putt Captaine Walter 
Neale Henry Josline, Leifeteiint and Richard Vines gentle- 
man and every or anie of them, and in Case of their death 
or absence Doe nominate and appointe The Governour or 
other Cheife Officer for the time there being vnder the said 
President and Councell Joyntly and selially to bee their 
true and lawfull Attorney or Attorneys and in their name 
and stead to enter into the said premisses aboue menconed 
to bee giuen and graunted w"^ their appurteniice or into 
some Parte thereof in the name of the whole, And for tliom 
and in their names to haue and take Possession and seizon 



158 DOCUMENTS RELATING TO THE 

thereof, and after such possession and seizon soe thereof or 
of some parte thereof in the name of the whole soe taken 
and had Then for them and in their names to deliuer full 
and peaceable possession and seizon of all and singuler the 
said premisses vnto the said Robert Trelawny and Moyses 
Goodyeare or to their Certaine Attorney or Attorneyes in 
that behaulfe ; To haue and hould to the said Robert Tre- 
lawny and Moyses Ooodyeare their heires Associatts and 
assignes according to the true intent and meaninge of theis 
pfilts Pats 

Ratefying, Confirming, and allowing all and Whatsoeuer 
their said Attorneyes, or anie or either of them shall doe in 
or a1)out the premisses by theis pfilts In Wittnes whereof 
the said President and Councell haue to the one Parte of 
theis pfilte Indenture sett their Scale, And to the other 
Parte thereof the saide Robert Trelawny and Moyses Good- 
yeare haue sett to their hands and scales Given the day and 
yeare ffirst aboue written 
R Warwicke Ed. Gorges . Ferd Gorges 



Seal 




[Indorsed :] 

A Grant from the President and Council oi New England 
to Mr. Robert Trelawny and Moses Goodyear of Lands in 
New England 7'*> Dec. 1631 



TERRITORIAL HISTORY OF MAINE. 159 



XXXI. 

ABSTRACT OF THE AGAMENTICUS GRANT, BY THE 
GREAT COUNCIL FOR NEW ENGLAND. 

December 2/12, 1631. 

Sources. 

Of the grant of land on the " eastermost" side of the 
Ajramenticus Rivei to Ferdinando Gorges, grandson and 
heir of Sir Ferdinando Gorges, Walter Norton and others, 
by the Great Council, December 2/12, 1631, no traces of 
the original document have ever been discovered. That 
such a grant was issued is evident from a study of W. 
Noel Sainsbury, editor, " Calendar of State Papers," Colo- 
nial Series, Vol. I., and Charles Deane, editor, " Records 
of the Council for New England," American Antiquarian 
Society, "Proceedings" (1867), 101, 102, 105. These 
fragmentary records are further corroborated by references 
to such a grant in conveyances of land recorded in the 
York Deeds. 

On account of changes among the grantees a new patent 
of nearly the same tenure was issued March 2/12, 1631/2. 

Under date of Ap^f '^n 1^39, there is a brief record in 
"Calendar of State Papers," Colonial Series, I., 266, of a 
renewal of the patent to Edward Godfrey and others. 
There is also a reference to the renewal of 1639 in Sir Fer- 
dinando Gorges, "A Briefe Narration " (London, 1658), 38. 

For the connection of Edward Godfrey with the province 
of Maine the best narration is Charles Edward Banks, 
" Edward Godfrey, His Life, Letters and Public Services, 
1534-1664," Maine Historical Society, "-Collections, IX., 
297-335 ; also privately printed, 1887. To Godfrey belongs 
the distinction of being the first governor of ]\Laine by vir- 
tue of election by the people. 

This abstract of the Agamenticus grant is reprinted from 
the " Records of the Great Council," in American Antiqua- 
rian Society, "Proceedings" (1867), 101, 102. 



160 DOCUMENTS RELATING TO THE 

Text. 

Att Warwick House the 2<> of Dec. 1631. 

There bein^ present 
The Earle of Warwick, Presid' The L*^ Gorges, & S"" 
Ferdinando Gorges, Threr. 

There was this p''sent day sealed a Patt*^ granted to Fer- 
dinando Gorges, sonn and heire of John Gorges of London, 
Esq"", Walter Norton, Lieut. CoHTho. Coppyn, Esq, Samuel 
Maverick, Esq, Thomas Graves, Gent, an Ingineer, Raphe 
Glover, MerchS W'" Jeffryes, gen?, John Busley, geuL Joell 
Woolsey, gen?, all of New England, Robert Norton, Esq"", 
Richard Norton gent, George Norton of Sharpenhow in y® 
County of Bedford, and Robert Rainsford y® younger of 
London, gen? ; first 100 acres of Land for every person trans- 
ported or to be transported b}- them or any of them within 
7 yeares next insueing, soe that the said person or persons 
abide there 3 yeares, either at one or several! times ; y® 
same land to be taken & chosen in any place adjacent to the 
12,000 acres of Land hereafter meuconed, & y® same not to 
be inhabited by any ; secondly 12,000 acres of Land more 
over and above y® 100 acres y^ person as afores*^ to y® s** 
Ferd. Gorges, and the rest to be taken togeather and not 
straglingly on the Eastermost side of y*^ River called by the 
name of Aquamentiquos in New England, extending along 
y^ coast easterly 3 miles, fro thence m'^ into y® maine Land 
soe high as may containe y*" number of 12,000 acres, and 
3 00 acres for every person to be transported as afores*^, w'** 
all y'^ Islands or Isletts within y"" Limitts next adjoyning y^ s'^ 
Land, 3 leagues into y^ Maine Ocean. 3*"^ to y*" s"* Ferdinando 
Gorges particularly over and above y^ aforesaid Limitts and 
grants 12,000 Acres ot Land more, to be chosen abound & 
lye opposite against y^ s'' 12000 Acres of Land granted as 
aforesaid to the said Ferdinand Gorges & the rest, on the 



TERRITORIAL HISTORY OF MAINE. 161 

Westmost Side ot the River Called Aquamentiquos, extending 
along the Sea Coast Westerly to the bounds of the Lands 
appropriated to the Plantacon of Pascataquack, and so along 
the River of Aquamentiquos into the Maine Land Northerly, 
and along by the bounds of Pascataquack westerly, so farr 
up into the Maine Land as may containe the number of 
12,000 Acres of Land, granted to y*" said Fer'' Gorges, with 
all the Islands or Isletts next adjoining the said Land east- 
erly, within the said Limitts, three leagues into the Mayne 
Ocean, with all commodities and priviledges proper for 
their necessary occasions, as by the Counterpart of their 
said Grant appeareth. 

The consideration for and in respect that they have 
undertaken to transport divers persons into New England, 
and there to erect and ))uild a Towne, and settle divers In- 
habitants for the generall good ol that Country ; and for that 
they are to pay one fifth part of the Gold and Silver oare 
to be found or had on the premisses to the King's Ma"^ ; 
and one other fifth part to the President and Councell, and 
also to pay two shillings yearly for every hundred Acres of 
Arable Land ; the first payment to begin at the Feast of S* 
Michie' the Archangell next after the first seaven years are 
expired as aforesaid, the same to be paid into the hands of 
the Rentgatherer (if he demand the same) and not to alien 
the same without consent, &c. 



Vol. I. 12 



162 DOCUMENTS RELATING TO THE 



XXXII. 

ABSTRACT OF THE GRANT OF RICHMOND'S ISLAND 
BY THE GREAT COUNCIL FOR NEW ENGLAND. 

December 2/12, 1631. 

Sources. 

Of the grant of Richmond's Island, " with 1500 acres upon 
the Maine," by the Great Council, December 2/12, 1631, 
but a brief abstract is given in the Manuscript Records of 
the Great Council (Public Record Office, London), and 
occasional references in the works of contemporary historians. 

Winthrop speaks of Bagnall as a turbulent fellow, and 
narrates his murder by the Indians, October 4/14, 1631. 
Although Bagnall's death occurred several months previous 
to the issuance of his grant, the news had not then reached 
England. The patent issued to Robert Trelawny one day 
earlier gave to him and his associates the " liberty to fowle, 
ffishe, and erect stages, Kayes and places for taking, saving, 
and preserving of fish " on Richmond's Island, and other 
islands in the vicinity. Correspondence published by James 
Phinney Baxter, editor, " Trelawny Papers," Maine Histor- 
ical Society, Documentary Series, III., furnishes evidence 
that Richmond's Island at least was occupied by Winter as 
agent for Trelawny, and it was probable that the whole 
grant was held as part of the Trelawny possessions. 

An interesting sketch of " Big Walt" is by Charles Ed- 
ward Banks " Walter Bagnall," in " Maine Historical and 
Genealogical Recorder" Vol. I. (1884), 61-64. 

The Abstract of the Grant of Richmond's Island here 
printed is from Charles Deane, editor, " Records of the Great 
Council," American Antiquarian Society, "Proceeding's" 
(1867), 100. 

Text. 

The second oj December, 1631. 
The L'^ Gorges and S"" Ferdinando Gorges, according to 
y* order of the first of this instant December, sett downe 



TERRITORIAL HISTORY OF MAINE. 163 

their opinions and gave ord'' for two Pattents to be drawne 
thereafter, y" one for Walter Bagnall for a small island 
called by y" name of Richni'^ Island, with 1500 acres of 
ground more upon y'= Maine, to be allotted and chosen in any 
convenient place near unto y*" said Island as Capt. Walter 
Neale and Richard Vines, Gent, should thinke fitt, according 
to a Com°° of Survey to them and others in that behalfe 
directed, with all comodityes & priviledges for his necessary 
occasions, as by his said Grant more at large appeareth. 
The consideration for :ind in respect y' he had lived in New 
EngF for y space of 7 years and there planted and built 
some convenient houseing in y** said Islands, and purposed 
by God's grace to settle himselfe and family there with other 
his friends and associates, and for that he is to pay the one 
fifth part of y"' Gold and silver oare there to be found to the 
King's Mn^y, and one other fifth part to the President and 
Councell, and also to pay 2^' for every hundred acres of land 
in use by y'^ yeare when it shall be demanded by the Rent- 
gatherer, and not to alycn y'^ same without consent first had 
and obtained. 



XXXIII. 

ABSTRACT OF THE GRANT OF CAPE PORPOISE, BY 
THE GREAT COUNCIL FOR NEW ENGLAND. 

December 2/12, 1631. 

Sources. 

For the grant of two thousand acres at Cape Porpoise to 
John Stratton, December 2/12, 1631, a reference to the 
transaction is found in W. Noel Sainsbury, editor, " Minutes 
of the Council," in " Calendar of State Papers," Colonial 
Series, I., 137, in addition to the abstract in Charles Deane, 



164 DOCUMENTS RELATING TO THE 

editor, "Records of the Great Council," American Anti- 
quarian Society, "Proceedings" (1867), 100, 101. 

Although the considerations for issuing the grant were 
that Stratton had lived at Cape Porpoise three years and 
had expended £1000 on the settlement, it does not appear 
that he made the lands thus derived his permanent residence, 
for, according to J. B. Felt, "Annals of Salem," his name 
was on the list of inhabitants there in 1637. In "York 
Deeds," I., folios 85, 86, there is a record of the conveyance 
of Stratton's Islands to Thomas Cammock in 1640. 

This abstract of the grant of Cape Porpoise is from the 
"Records of the Great Council." 

Text. 
There was another Pattent agreed upon for John Stratton 
for a proporcon of Land containing 2000 Acres, butting 
upon y^ south side of border of y^ River or Creeke called 
by the name of Cape Porpus, and on y* other side North- 
wards Creeke mouth of Cape Porpus, into the south side of 
the Harbours mouth of Cape Porpus aforesaid, with all 
Comodityes & priviledges proper for his necessary occasions, 
as by his Said Grant more at large appeareth. The consid- 
eration for and in respect that he had lived in New England 
these 3 yeares last past, and had expended £1000 in trans- 
porting of Cattle and maintaining of servants in that 
employment. And for y' he now purposeth to transport more 
cattle and to settle a plantacon there according to his grant, 
and for that he is to pay the one fifth part of y^ Gold and 
Silver Ore there to be found to the King's Ma*-'^', and one 
other fifth part to the President & Councell, and also to pay 
11'' for every hundred acres of land in use by the yeare, 
when it shall be demanded by the Rentgatherer, and not 
to alien the same without consent first had and obtained ; 
which said Pattents were signed by the Lord Gorges and S"" 
Ferdiuando Gorges, and ready to pass the scale, and after- 
wards were left with jVP Walter Will'"' to be dispatcht by 
the Earlc of Warwicke, Presid* 



TERRITORIAL HISTORY OF MAINE. 105 



XXXIV. 

GRANT OF PEMAQUID TO ALDWORTH AND ELHRIDGE, 
BY THE GREAT COUNCIL FOR NEW ENGLAND. 

February 20 ■\a^^/•^ 
March 10' ^0^^/^- 

Source.'i. 

Of the patent of lands at Pemaquid to Robert Aldworth 
and Gyles Elbridge (Eld ridge) by the Great Council for 
New England, 'mh™To' 1631/2, a certified transcript on 
parchment made in 1(548 for notarial purposes is in the 
Library of the American Antiquarian Society at Worcester, 
with two volumes of the records of its proprietors. In 
1737 the patent was recorded at York, manuscript volume 
of York Deeds XVIII., fols. 112-114. An examination of 
the transcript shows marks of carelessness on the part of 
the recorder ; whereas the notarial copy at Worcester con- 
forms in spelling and general stjde with original documents 
of other grants by the Great Council. 

An " abstract" denoted " original" is given by Ebenezer 
Hazard, "Historical Collections" (Philadelphia, 1792), I., 
315-318 ; the text is printed entire from the York Deeds in 
" An Order of Both Branches of the "Legislature of Massa- 
chusetts, to Appoint Commissioners to Investigate the Causes 
of the Ditficulties in the County of Lincoln ; and the Report 
of the Commissioners thereon with the Documents in Sup- 
port thereof" (Boston, 1811), 33-39. A text based on the 
notarial copy is given by John Wingate Thornton, " Ancient 
Pemaquid, an Historical Review," in Maine Historical 
Society, *' Collections," V., 207-214, also bound separately, 
(Portland, 1857), 75-82; another copy is found in John 
Johnston, "' A History of the Towns of Bristol and Bremen 
in the State of Maine, Including the Pemaquid Settlement" 
(Albany, 1873), 70-74. 

The source selected for this collection of documents is the 
notarial copy at Worcester. 



166 DOCUMENTS RELATING TO THE 

Text. 

This Indenture made the Nine and twenteth day of 
February Anno D'm 1631, And in the Seaventh yeere of 
the Raigne of our Sovraigne Lord Charles by the grace 
of God King of England Scotland ffraunce and Ireland, De- 
fender of the fFaith, &c. Betweene the President and 
Council! of New England on the one parte. And Robert 
Aldworth and Gyles Elbridge of the City of Bristoll mer- 
chants, on the other parte, Witnesseth that whereas our 
Souvraigne Lord King James of famous memori late King 
of England Scotland ffraunce and Ireland, by his highnes 
Letters Pattente and Royall graunt vnder the great Scale of 
England bearing date the Third day of Nouember In the 
eighteenth Yeare of his Raigne of England ffraunce and 
Ireland &c for the causes therein expressed did absolutely 
giue graunt and confirme vnto the said President and Coun- 
cell and their Successors forever. All the land of New 
England in America lying and being from fortie to fortie 
eight degrees of northerly Latitude, and in length by all that 
breadth aforesaid from Sea to Sea throughout the main land, 
together with all the woods, waters, soils, rivers, havens, 
Harbors, Iselands, and other commodities whatsoever there- 
vnto belonging with divers other priviledges preheminences 
profits and timbers, by Sea and land As by the said Letters 
pattents amongst other things contayned wherevnto due 
relacon being had it doth and may appeare NOW this In- 
denture Witnesseth That the said President and Councell 
of New England by virtue and authoritie of the said Lres 
Pattents and for and in consideracon that the said Robert 
Aldworth and Giles Elbridge have and will transport 
and doth ondertake to Transporte att their owne Costs and 
Chardges divers persons into New England and there to 
erect and build a Town and settle diuers Inhabitants for 
their own safetie better assurance and advancement of the 



TEIIKITOUIAL HISTORY OF MAINE. 167 

generall plantacon of that Country and for the furtherance 
of the said Phmtacon and encouragemen' of the said vnder- 
takers Have agreed and doe hereby agree graunte assigne 
allott and appoints to the said Robert Aldworth and Giles 
Elbridge theire heires and assignes and every of them one 
hundred acres of ground for every Person soe by them or 
anie of them Transported or that shall now or hereafter be 
Transported besides diurse other priviledges liberties and 
Comodities hereafter menconed And to that intent they have 
graunted allotted assigned and confirmed And by theis 
P'sents doe grantc allot assign And confirme vnto the said 
Robert Aldworth and Giles Elbridge their heires and 
assignes and eueric of them One hundred seueral acres of 
ground in New England for every p'^son transported or to 
be transported within the space of Seaven yeeres next en- 
suing That shall abide and continew there Three yeares 
either att one or severall times or dye in the meane season 
after hee or they are Shipped w*"" an Intent there to inhabite 
The same lands to be taken and chosen by them or either or 
anie of them their deputies or assignes in anie place adjacent 
to the said Twelve thousand acres of land hereafter menconed 
to be granted and not lately granted setled and inhabited 
by anie English and wherein noe English person or persons 
are allreadie placed or settled Togeather with free libertie 
to ffish in and uppon the Coste of New England in all 
Havens Ports Rivers & Creekes thereunto belonging and 
not granted to any others And that noe person or persons 
whatsoever shall take anie benefit or libtie of or to anie of 
the said grounde (excepting the free use of highe waies by 
land and Navigable Rivers) but that the said Robert Aid- 
worth and Gyles Elbridge their heires and assigns shall haue 
the Sole right and use of the said grounds with all their 
proltits and appurteficcs And the said President and Coun- 
cell doe further jrraunt assigne allott and confirme vnto the 



168 DOCUMENTS RELATING TO THE 

said Robert Aldvv^orth and Gyles Elbridge theire heires and 
assignes Twelve Thousand acres of land more over and 
above the foresaid proporcon of One hundred the person for 
every person Transported or to be Transported as foresaid 
as his or their proper inheritance forever The same land to be 
bounded Chosen taken and laid out neare the River Com- 
only called or known by the name of Pemaquid or by what 
other name or names the same is or haue ben or hereafter 
shal be called or knowne by and next adioyning to the lands 
where the people or servants of the said Roberd Aldworth 
and Gyles Elbridge are now seated or have inhabited for the 
space of three yeares last past and the same to be taken and 
chosen together and not straglingly both along the Sea 
Coast as the Coast lyeth and soe upp the River as farr as 
may Containe the said Twelve Thousand acres within the 
said bredth and length Togeather with the said hundred 
acres for every person by them the said Robert Aldworth 
and Gyles Elbridge to be Transported as aforesaid Togeather 
alsoe with all the Iselands Iseletts within the lymitts next 
adioyning the said land butting within the lymitts aforesaid 
Three leagues into the Main Ocean Yealding and paying 
vnto our Sovraigne Lord the King his heires & Successors 
One filth parte of all the Gould and silver Oare to bee 
found and had in or on the premises or any parte thereof 
and one other ffith part of the same to the said President 
and Councell aforesaid and their Successors fore ever And 
alsoe Yielding and paying to the said President and Coun- 
cell in the name of all other rents services duties and 
demands whatsoever for every hundred acres of Arrable 
lands soe obtayned by the said Robert Aldworth and Gyles 
Elbridge their heires and assignes and every or any of them 
and by those said other p^'son or p'sons their heires and 
assigns The yearely rent of two shillings of lawfull money 
of England At the fi'east of S' Michaell the Archan^ell To 



TERRITORIAL HISTORY OF MAINE. 169 

the hands of the Rent gatherer of the said President and 
Councell and their successors forever (when it shall be by 
him the said Rent gatherer lawfully demanded) The tirst 
payment to begin after the expiracon of the ffirst Seavea 
yeares next after the date hereof And it shall and may be 
lawful for the said Vndertakers and Planters their heires and 
Successors ftreely to Trucke Trade and Traffique in all law- 
ful comodities with the salvages in any parte of New Eng- 
land or neigbouring thereabouts att their wills and 
pleasures without left or disturbance As also to have lib- 
ertie to hunte hawke ffish or ffowle in any place or places 
whatsoever now or hereafter, by any English Inhabited and 
the said President and Councell doth Covenant and promise 
to, and with the said Robert Aldworth and Gyles Elbridge 
their heires and assignes and everye of them and others the 
prson or prsons as aforesaid his and their heires and 
assignes ; That theire Tenants or servants shall not be taken 
from their owne imployments, by any Governor or other 
there to be established but only for the publique defence of 
these Countries, or suppression of Rebellion, Riotts, or 
Routs, or other unlawful assemblies and further it is Cove- 
nanted uppon lawful survay to be had and made att the 
chardffe of the said vndertakers and Planters, and lawful 
Informacon given of the bounds meets and quantitie of the 
lands soe as aforesaid to bee by them Chosen and Possessed, 
They the said President and Councill uppon surrender of 
this present grante and Indenture and upon reasonable 
request made by the said Robert Aldworth and Giles 
Elbridge their heires or assignes or any of them, within 
Seaven yeares now next comeing shall by their deede 
Indented and Vnder theire Common Scale graunte, enfeoffe 
and confirme All and every of the said lands sett out, and 
bounded as aforesaid to the said Robert Aldworth and Giles 
Elbridge and their associats and such as Coutracte with them, 



170 DOCUMENTS RELATING TO THE 

their heires and assignes in as large and beneficiall manner 
as the same are in theis prsents granted or intended to be 
granted or hereafter to be granted to all intents and pur- 
poses with all and every pticular priviledges and ffreedomes 
reservacons and condicons with all dependacies herein 
specified and graunted And shall also att any time within 
the said Terme of Seaven yeares vppon request vnto the said 
President and Councell made, graunte vnto them the said 
Robert Aldworth and Gyles Elbridge their heires and 
assignes letters and grants of Incorporacon by some usuall 
and fitt name and title with libertie to them and their Suc- 
cessors from time to time to make orders, Laws, Ordinances, 
and Constitucons for the rule, government, ordering, and 
directing of all persons to be Transported and setled upon 
lands hereby graunted intended to be granted, or hereafter 
to be granted And of the said lands and profits thereby 
arising, And in the meane tyme and untill such grant be 
made, it shall be lawful for the said Robert Aldworth and 
Giles Elbridge their heires and assignes from time to time, 
to establish such laws and ordinances as are for the better 
Governme' of the said prsons soe Transported and the same 
by such oflScer or officers as they shall by most voices Elect, 
and choose to putt in execution. 

And it shall be lawful for the said Robert Aldworth and 
Giles Elbridge their heires and assignes or either or any of 
them from tyme to tyme and at all tymes hereafter for their 
several defence and safetye to encounter expulse expel 
fortifie defend and resist by force of Armes as well by sea 
as by land, and by all wayes and meanes whatsoever and to 
take apprehend seize and make prize of to their owne use, 
and behoofe All such prson and prsons, their Ships and 
goods, as without the Speciall license of the said President 
and Councell and their Successors or the greater parte of 
them, shall attempt to inhabite or Trade with any of the 



TERRITOKIAL HISTORY OF MAINE. 171 

Salvadge people of that country within the several precincts 
or lymits of their said Plantacon, or shall enterprize or at- 
tempt att any tyme hereafter destrucon invacon or annoy- 
ance to the said Plantacon And further that it shall be 
lawful to and for the said Robert Aid worth and Gyles 
Elbridge their heires and assignes, or either of them from 
tyme to tyme to Transport and carry such powder, shott, 
provision and Ordinances as shall be necessarie for their 
defence And further That the said Robert Aldworth and 
Giles Elbridge theire heires or assignes shall not anye tyme 
hereafter aliene theis p'lnises or any parte thereof to any 
foraigne Nation [especially the French] or to any other 
prson or prsons whatsoever without the Spetiall License 
consent and agreem* of the said President and Councill and 
their Successors and assignes, Except it be to their owne 
Tenants or Vndertakers, belonging to the said Towne by 
them to be Erected as aforesaid uppon paine of forfeiture of 
the said Land soe Aliened, To the Vse of the said President 
and Councell againe And further know yee that the said 
President and Councell have made constituted and deputed 
Authorized and appointed and in their steade and place, 
doe put Captaine Walter Neale and Richard Vines, gent, or 
in his or their absence to anie person that shall be theire 
Governour or other officer to the said President and Coun- 
cell to be their true and lawful Attorney or Attorneys and 
in their name and steade to enter the said Porcon of land, 
and other the premises, apprtenances or into some Part 
thereof in the name of the whole soe had and taken then for 
them, and in their names to deliver the full and i)eaceable 
possession and seizen of all and singular the said granted 
premises vnto the said Robert Aldworth and Giles Ell)ridge 
or to their certain Attorney or Attorneys in that behalf 
according to the true intente and meaning of these psents 
Ratifying allowing and confirming all, and whatsoever their 



172 DOCUMENTS RELATING TO THE 

said attorney or Attorneys shall doe in or about the p''mises 
by theis p''sents. In AYitness whereof, the President and 
Couneell to the one part of these p'"sent Indentures have set 
their Seale and to the other part thereof the said Robert 
Aldworth and Giles Elbridge have sett their hands and seals. 
Given the day and year tirst above written. 

R. Warwick. [L. S.] Ferd. Gorge. 

This is a true copy of the Letters pattents under the Seale 
of the President and Couneell of New England signed by 
the Earle of Warwicke and S"" Ferdinando Gorge, examined 
with the same Letters patents this twenty and sixth day of 
March 1648, By us whose names are subscribed viz 

Fra. Yeamans, No^ Pubb. 
Robt. Dennis, 
Dew Tony, servants to the 
said No. P^ 



XXXV. 

CONCESSION OF THE RIVER AND BAY OF ST. CROIX 

TO COMMANDER DE RAZILLY, BY THE 

COMPANY OF NEW FRANCE. 

May 14/24, 1632. 

Sources. 

The original concession in favor of Commander de Razilly, 
May 14/24, 1632, by the Company of New France, is in 
the Depot de la Marine in Paris. A certified copy was used 
by the commissioners under the treaty of Aix-la-Chapelle, 
and is found both in the English and the French collections. 

The Company of New France was formed in 1627 by 
Cardinal Richelieu, to put an end to the disturbances be- 
tween the Recollets and the Roman Catholics, who were 



TERRITORIAL HISTORY OF MAINE. 173 

menacing the peace of the settlements. Their charter not 
only gave the company all New France, the fort and set- 
tlement of Quebec and all great rivers, both on the east and 
the west coasts of the continent, but also the right to confer 
titles of distinction. 

Privileges conferred by the Company of New France 
often covered the same territory claimed under Sir William 
Alexander's grants. 

The text adopted for the concession is from " The Me- 
morials of the English and French Commissaries" (London, 
1775), 707, 708. 

Text. 

La Compagnie de la Nouvelle France : A tous ceux qui 
ces preseutes lettres verront ; Salut. Le desir que nous 
avons d'aporter toute la diligence possible a I'etablissement 
de la colonic de la Nouvelle France, nous faisant rechercher 
ceux qui ont la volonte d'y coutribuer de leur part, & I'obli- 
gation que nous avons de recompenser, par toutes voies, les 
travaux de ceux qui nous assistent, & d'embrasser les occa- 
sions de leur temoiguer par effets, etant bien informe des 
bonnes intentions que Monsieur le Commandeur de Razilly, 
Lieutenant general pour le Roi en la Nouvelle France, a 
toujours eu pour faire reussir cette enterprise, en desirant 
Ten reconnoitre par les gratifications a nous possibles. A 
ces causes avons audit sieur de Razilly donne & octroj^e, 
donnons & octroyons par ces presentes, I'etendiie des terres 
& pays qui ensuivent, a sgavoir la riviere & bale Sainte- 
Croix, isles y contenues, & terres adjacentes d'une part & 
d'autre en la Nouvelle France, de I'etendiie de douze lieiies 
de larges, a prendre le point milieu en I'isle Sainte-Croix, ou 
le sieur de Mons a hiverne, & vingt lieiies de profondeur 
depuis le port aux coquilles, qui est e I'une des isles de 
Ten tree de la riviere & bale Sainte-Croix, chaque lieiies de 
quatre mille toises de long. Pour jouir desdits lieux par 
ledit sieur de Razilly, ses successeurs ay ant cause, en toute 



174 DOCUMENTS RELATING TO THE 

propriete justice & seigueurie a perpetuite, tout & ainsi, & 
a pareils droits qu' il a plu au Roi donner le pays de la Nou- 
velle France a la Compaguie ; a la reserve de la foi & 
houimage que ledit sieur Commaiideur, ses successeurs ayans 
cause, seront tenus porter au fort Saint-Louis a Quebec, ou 
autre lieu qui sera destine par ladite Compagnie, par un seul 
hommage tige a chaque mutation de possesseur desdits lieux 
avec une maille d'or du poids d'une once, & le revenu d'une 
annee de ce que ledit sieur Commandeur se sera reserve, 
apres avoir donue a fief ou a cens & rente, tout ou partie 
desdits lieux ; que les appellations du juge qui sera etabli 
desdits lieux par ledit sieur de Razilly, resortiront nuemeut 
a la cour & justice souveraine qui sera etabli ci apres au 
fault Saint-Louis ou ailleurs ; que les hommes que ledit sieur 
Commandeur fera passer en la Nouvelle France tourneront 
a la decharge & diminution du nombre de ceux que la Com- 
pagnie doit laire passer, sans que ledit sieur Commandeur 
ou les siens puissent traiter des peaux & pelleteries qu' aux 
conditions portes par I'edit de I'etablissement de la Com- 
pagnie de la Nouvelle France ; & en cas que ledit sieur 
Commandeur desire faire porter a cette etendiie de terre 
quelque nom & titre plus honorable, se retirera vers le Roi 
& Monseigneur le Cardinal de Richelieu, Grand-Maitre, 
Chef & Surintendant general de la navigation & commerce 
de France, pour lui etre pourvii conformement aux articles 
accordes a ladite Compagnie. En temoin de quoi nous avons 
signe ces presentes. A Paris, au Bureau de la Nouvelle 
France, le dixneuvieme mai mil six cent trente-deux. 
Signe Lamy avec par araphe Secretaire. 



TERRITORIAL HISTORY OF MAINE. 175 



XXXVI. 

EXTRACT FROM THE TREATY OF ST. GERMAIN 

BETWEEN LOUIS XII. OF FRANCE AND 

CHARLES I. OF ENGLAND. 

May 29 -i /jQQ 
June 8' ^^^^' 

Sources. 

The treaty which was made at St. Germain-en-Laye 
j*ime^' 1632, restored New France, Acadia aud Canada, to 
France. In accordance with the treaty France immediately 
took possession of Pentagoet, which was the lirst active 
movement in the controversy which lasted more than a 
century. 

According to Leonard " Recueil des Traites de Paix" 
(Paris, 1692), V., the original document is in the Depot de 
la Marine in Paris. The copy used by the Commissioners 
is from Leonard, " Memoires des Commissaires du Roi, et 
ceux de sa Majeste Britannique sur les possessions et les 
droits respectifs des deux Couronnes en Amerique," XL, 
5-10. 

In the Massachusetts Archives is a set of manuscripts 
collected by Ben : Perley Poore, under the title, " Historical 
Documents Collected in France for the Commonwealth of 
Massachusetts." He has inserted printed pages I., 547-554, 
from " Le Mercure Franc^ais," containing the text of the 
treaty of St. Germain. A certified copy from the original 
is in Thomas Rymer, " Foedera" (The Hague, 1745), VIII. , 
Part HI., 228. It was reprinted by Ebenezer Hazard, 
" Historical Collections, Consisting of State Papers and 
Other Documents" (Philadelphia, 1792), I., 319, 320; and 
Charles Lindsey, "An Investigation of the Unsettled Bound- 
aries of Ontario" (Toronto, 1873), Art. III., with English 
translation, 107, 108. 

Article HI., which relates to the restitution of Acadia to 
France, is here reprinted from Lindsey's English text. 



176 DOCUMENTS RELATING TO THE 

Text. 

Art. III. On the part of the King of Great Britain, the 
said ambassador, in virtue of the powers with which he is 
vested, and which shall be inserted at the end of these 
presents, has promised and promises in the name of his said 
Majesty to give up and restore {rendre et i^eslituer) all the 
places occupied in New France, Acadia and Canada by the 
subjects of the King of Great Britain, by whom these 
places shall be restored ; and to this end the said ambassa- 
dor shall deliver at the time of the signature of these pres- 
ents to the commissioners of His Most Christian Majesty, 
in due form, the authority which he received from the King 
of Great Britain for the restitution of the said places, 
together with the orders of his said Majesty to all those 
who had command in Fort Roj^al, the Fort of Quebec and 
Cape Breton, for the restoration of the said places and 
forts given up into the hands of those whom it may please 
His Most Christian Majesty to appoint, eight days after 
these orders shall have been notified to those who command, 
or may then command ; the said time of eight days being 
given to them to remove from those places and forts, their 
arms, baggage, merchandize or money, utensils, and gener- 
ally everything that belongs to them ; to whom and to all 
who are in the said places, the term of three weeks, after 
the expiration of the eight days, is given that they may 
during that time, or sooner if possible, retire to their vessels 
with their arms, munitions, baggage or money, utensils, 
merchandize, furs, and generally everything that belongs to 
them, for the purpose of going thence to England without 
remaining longer in this country. And as it is necessary for 
the English to send to those places to fetch their people and 
take them back to England, it is agreed that General de 
Coen shall pay the necessary expense of equipping a vessel 
of two hundred tons or two hundred and fifty tons burthen 



TERRITORIAL HISTORY OF MAINE. 177 

which the Enirlish shall send to those places ; that is to say, 
the cost of chartcrii)<i: a vessel for the passage to and fro, 
the provisions of the sailors who work the vessel as well as 
of those who being on land are to be taken away, the wages 
of the men, and generally all that is necessary for the 
equippage of a vessel of the said tonnage for such a voyage, 
according to the usages and customs of England ; and be- 
sides for the merchandize remaining unsold in the hands of 
the English, satisfaction shall l)e given, according to the 
cost in England, with thirty per cent of profit, in consid- 
eration of the risk of the sea and port charges. 



XXXVII. 

DEPOSITION CONCERNING THE PEJEPSCOT PATENT 
BY THE GREAT COUNCIL FOR NEW ENGLAND. 

June 16/26, 1632. 

Sources. 

For the patent issued by the Great Council to George 
Way and Thomas Purchase, June 16/26, 1632, l)ut a brief 
record exists in "W. Noel Saiusbury, editor, " Calendar of 
State Papers," Colonial Series, I., 152, "Grant ot the 
Council for New England to George Way and Thomas Pur- 
chase of certain lands in New England called the River 
Bishopscotte [Pojepscot], and all that l)ounds and limits 
the main land adjoining the river to the extent of two miles." 

Other proofs that such a patent had been given are from 
conveyances recorded at York, " York Deeds," VIII., fols. 
56-59 ; it was included in Edward Godfrey's " Cattalogue 
of Such Pattentes as I Know Granted for Making Plantacons 
in New England," which is a manuscript among the Colonial 
Papers in the Public Record Oiiice, II., 16; still another 
proof is the indenture between John Winthrop and Purchase 
in 1639. 

After the lands on the Androscoggin came into the [pos- 
session of the Pejepscot proprietors, much litigation ensued 
Vol. I. 13 



178 DOCUMENTS RELATING TO THE 

until the iiDal settlement of the controversy in 1814. At 
least one hundred depositions in proof of early claims are in 
Vol. VII., 492a, of the manuscript " Pejepscot Papers," of 
which seven volumes, carefully arranged, are in the posses- 
sion of the Maine Historical Society. 

Much information on the Pejepscot patent is given by 
John McKeen, " Early Settlements at Sagadahock," Maine 
Historical Society, "Collections," III., 316,317; also by 
George Augustus Wheeler and Henry Warren Wheeler, 
" History of Brunswick . . . including the Ancient 
Territory known as Pejepscot" (Boston, 1878). 

A deposition by John Archdale, who was in New Eng- 
land in 1664 as the agent of his brother-in-law, Sir Ferdi- 
nando Gorges, was for a long time in the possession of Isaac 
Story of Boston, and was printed by him from the original 
in the " New England Historical and Genealogical Regis- 
ter " (1859), XIII., 303. " Purchase's Patent of Lands in 
Maine " gives so good a summary of popular belief in Arch- 
dale's time that it is here printed from the " Register." 

Text. 

These may Certifye whom it may Concern, That Whereas 
King Charles the first of ever Blessed memory by his L'res 
Pattents under the great Scale of England beareing date the 
third day of Aprill in the 15'^ yeare of his Reign e , [did] 
Give, grant & Confirm unto S'' Ferdinando Gorges Kn', his 
heires and Assignes for ever the Propriety & Governm*^ 
of all that Country called the Province of Maine lyeing be- 
tween the River of Kennebecke Eastward and Pisscataway 
westward Saveing and reserving to the Severall Proprieto" 
their Right who held by former Grants or Pattent as by the 
said Patent relaton being therevnto had doth and may 
appear. And Whereas John Archdale Esq'' by a legall 
Comission had and obteined by Ferdinando Gorges Esq"" 
Grandson & heire to the said S"" Ferdinando Gorges who 
was then the right owner and proprief thereof, and by 
vertue of which Comission Soe had and obteined as aforesaid 
The said John Archdale was resident there for the space 



TERRITORIAL HISTORY OF MAINE. 179 

of a twelve month or thereabouts, And Whereas one m"" 
Thomas Purchase in his own right by vertue of a prior 
Pattent was seized and possessed of certaine Lands and 
Teneraen" within the said Province as the said John Arch- 
dale was Credibly informed and doth veryly beleive. And 
alsoe the said John Archdale hath been Credibly informed 
and doth veryly beleive it to be true that the Tenem' of the 
said Thomas Purchase was unfortunately burnt downe and 
destroyed by fire, and that he heard the said Thomas Pur- 
chase say that his Pattent was at that time burnt and 
destroyed therein. AVittnesse my hand this fourth day of 
February Annoq. Din 1687/8 

And I doe not question but that my Brother Gorges upon 
the Credible information giuen mee as aboues'^ ; had hee 
continued Proprietor would haue confirmed y® said tract of 
Land unto him. Wittnesse my hand y* day and yeare above 
written . 

John Archdale. 

Witnesse F. Gorges Jun"" 



xxxvin. 

LIVERY OF LAND AT CAPE PORPOISE TO THOMAS 

CAMMOCK, by WALTER NEALE, GOVERNOR 

OF PISCATAQUA. 

May 23 -.^qq 
June 2' ^^oo. 

Sources. 

The deed of "livery" by Walter Neale, governor of 
Piscataqua, to Thomas Canunock, ^{."fe*^, 1633, was an act of 
confirmation in behalf of the Great Council for lands given 
to Cammock by the patent of November 1/11, 1631. 

Until the union with Massachusetts by the charter ot 
1691 the ceremony of " livery of seizin " was generally at- 
tended to in all conveyances within the province of Maine 



180 DOCUMENTS RELATING TO THE 

The early volumes of " York Deeds" abound in records of 
this method of conveyance, familiarly known as " turf and 
twig." In the conveyance by Worumbo, the ceremony was 
performed according to the ancient custom of handing over 
to the new possessor a twig and some of the turf, to repre- 
sent the complete transference of rights of ownership. 

The deed of delivery to Cammock was recorded at York, 
octob"''"!' 1670, and is found in "York Deeds," II., folios 
84, 85. In 185.3 the deed was in the possession of Mr. 
William S. Southgate, who printed it in Appendix A of 
his "History of Scarborough," Maine Historical Society, 
"Collections" III., 229. 

The text adopted for this collection of documents is that 
of the "York Deeds." 

Text. 

These are to Certify that the 23^'^ of May 1633 : Cap' 
Walter Neale did according to order directed from the Pres- 
ident & Counsell of New England deliver possession vnto 
Cap' Thomas CaiTiocke of all the Lands Contayned in a 
Pattent granted vnto the sd Thomas Cammocke dated the 
prime of Novemb'' 1631 : consisting of fiueteen hundred 
Acers being bounded to the Southward with the Bay of 
Sacoe, on the Westward with bla : Poynt Eiver, To the 
Eastward with the small brooke Called Spurwinke, & soe 
running vp one mile from the Entrance, & on the West side 
of the sayd Spurwinke, & from thence crossing over with 
a streight lyne to the nearest part of the aforesayd bla : 
Poynt River, is appoynted the Northern Lymitts/ In tes- 
timony w''of I haue here vnto subscribed/ 
Witnesses to the Delivery of the 

possession/ p mee John Winter Wa : Neale/ 

Abraham Shurt/ 

The marke of 




Richd Smyth 



TERRITORIAL HISTORY OF MAINE. 181 

A true Coppy of this Instrument of delivery aboue writ- 
ten transcribed out of the origfinall, & y''with Compared 
this 22 : Septemb^ 1670 : p Edw : Kishworth ReCor : 



XXXIX. 

RATIFICATION IN FAVOR OF THE VISCOUNT STIR- 
LING, BY THE PARLIAMENT OF SCOTLAND. 

June 28 i/»qo 
July 8 ' A"^^- 

Sources. 

The rights and titles of Alexander, Earl of Stirling, which 
had been confirmed to him by royal charters, were still fur- 
ther strengthened by an act of the Scottish parliament, 
July's^' 1^33- Although the two crowns wore united l)y the 
accession of James Stuart to the English throne, there were 
two distinct parliaments until the reign of Queen Anne, 
1702-14. 

An exact transcript of the original " Acta Parliamento- 
rum Caroli I. " was made for " The Acts of the Parliaments 
of Scotland, Printed by Command of His Majesty King 
George the Third, in Pursuance of an Address of the House 
of Commons of Great Britain " (1817). The " Ratification " 
is in Vol. v., 43. It was printed in a slightly modernized 
form from the same source by the Bannatyne Club, David 
Laing, editor, "Royal Letters, Charters, and Tracts" 
(Edinburgh, 1867), 81,82; and by Sir Thomas Christopher 
Banks, " Copies and Translations of the Royal Charters, 
(confirmed in Parliament) .... to the Right Hon. Sir 
William Alexander, Knight" (London, 1831), Prospectus 2 ; 
also by the same, "An Analytical Statement of the Case 
of Alexander, Earl of Stirling and Dovan " (London, 1832), 
14, 15. 

The text adopted for this reprint is that of " The Acts 
of the Parliaments of Scotland." 



182 DOCUMENTS RELATING TO THE 

Text. 

RATIFICATIOUN in favours of the vicount of Sterling of 
the infeftments and signatur grantit To him of the Donain- 
iones of Newscotland and Canada in America And priue- 
ledges thairincontenit AND of the dignitie and order of knicht 
Baronets and Act of conventione of estaits maid thairanent 

OURE SOVERANE LORD And estaits of this present parli- 
ament Ratifie and approue All letters patents and infeftments 
grantit by king James the saxt of Blissed memorie or by 
our said Soverane lord wnto Williame vicount of Sterling 
and to his airs and assignais of the territories and domin- 
iones of New Scotland and Canada in America And espec- 
iallie The patent charter and infeftraent grantit by his 
Majesties vmquhyle dearest father of worthie memorie of 
New Scotland Of the dait the tent day of September the 
year of god 1621 ITEM ane other chartor of the same grantit 
by his Majestic wnder the great scale of the dait the tuelf 
day of July 1625 years ITEM ane other chairtor and infeft- 
ment grantit by his Majestic of the cuntrie and dominione 
of New Scotland wnder the great scale of the dait the thride 
day of may 1627 years ITEM another chartor and infeftment 
grantit by his Majestic wnder the great scale of the river 
and gulfe of Cannada bounds and priveledgcs thairof men- 
tionat in the said patent of the dait the second day of februar 
1628yeirs ITEM a signature past wnder his Majesties hand 
of the said cuntrie and dominione Which is to be with all 
diligence exped through the scales of the dait at Whytehall 
the tuentie fourt day of Apryll 1633 years With all liberties 
priveledgcs honours jurisdictiones and dignities respective 
thairin mentionat Togither also with all executione precepts 
instruments of seasings and seasings following or that fall 
happin to follow thairvpou And also Ratifies and approves 
the act of generall conventione of estates At Holyrudhous 



TERRITORIAL HISTORY OF MAINE. 183 

the saxt day of July the yeir of god 1630 Whairby the saids 
estates haue ratified and approved The dignities and order 
of knicht baronet With all the actes of Secreit counsall and 
proclamations following thairvpon maid for mainteining of 
the said dignitie place and precedencie thairof And his 
Majestic and estates forsaids Will statuit and ordaiue that 
the saids letters patents charters and infeftments And the 
said dignitie title and order of baronetts And all letters 
patents and infeftments of lands and dignities grantit thair- 
with To any persone quhatsumever sail stand and continew 
in full force With all liberties haill priveledges and prece- 
dencies thairof According to the tenour of the same And 
in als ample maner as if the bodies of the saids letters 
patents infeftments and signatur abouementionat wer heirin 
particularlie ingrost and exprest And ordaines intimatione 
to be maid heirof by open proclamatione to all his Majesties 
lieges at the mercat crose of Edinburgh and other places 
neidfull that none pretend ignorance heirof 



XL. 

FINAL DIVISION OF THE PATENT FOR NEW ENG- 
LAND, BY THE GREAr COUNCIL FOR NEW 
ENGLAND. 

February 3/13, 1634/5. 

Sour'ces. 

The division of the patent for New England by the Great 
Council took place at Lord Gorges' house in London, Feb- 
ruary 3/13, 1634/5. The territory upon the coast included 
within the limits of the patent was divided into eight parcels, 
each of which, except the last two, was to have an additional 



184 DOCUxMENTS RELATING TO THE 

grant of ten thousand acres on the east side of Sagadahoc. 

Parcel No. 6 was assigned to Captain Mason, No. 7 to 
Sir Ferdinando Gorges, and No. 8 to William, Lord Alex- 
ander ; each of these lots relates to the territorial history of 
Maine. The division was confirmed to the proprietors by 
confirmatory grants from the king or from the Great Council. 

The authoritative source is the "Records of the Great 
Council for New England," preserved in the Public Record 
OflBce, London, of which the only complete reprint is that of 
Charles Deane, editor, in American Antiquarian Society, 
"Proceedings" (1867), 114-118. 

Text. 

Att a Meetinge att the Lord Gorges House 
y' 3'' Feb. 1634. 
present. 
Earle of Sterline. 
Lord Maultrovers. 
Lord Gorges. 
S"^ Ferd : Gorges. 
Cap* John Mason. 
This day was an Agreem* made for y^ several! divisions 
upon y® seacoals [seacoasts] of New England as followeth. 

For as much as by a mutuall agreem* wee, whose names 
are subscribed Pattentees or Adventurers and of y*" Councell 
of New England, are to joyue in y® surrend"" to his Ma^^ of 
y*^ great Charter of y' countrey w*^*^ was granted unto us in the 
gth [^i8*hj yeare of y*" raigne of King James of Blessed mem- 
ory, in whose p'^sence Lotts were drawne for setling of divers 
and sundry divisions of Lands on y* sea coast of y*^ s*^ coun- 
try upo most of us, w'^^ hitherto have never been confirmed 
in y'' sd hinds soe alotted, and to y'^ intent y* every one of 
us according to equity and in some reasonable manner 
answerable to his adventures or other interest may enjoy 
a pportion of y** lands of y^ s*^ country to bee immediatly 
holden of his Ma''', wee therfor doe condiscend ["and 
agree." — Hubbard] y* all y' part of y" sea coast of y^ said 



TEKKITOKIAL HISTOUY OF MAINE. 185 

country hereafter expres^sed shall l)elon<,' unto y- right hon''''' 
the Earle of Arrundell and Surry, vidclicett ; To beginne at 
y* fortyeth degree where y*^ Lymits of New England, Arrun- 
dell & Surrey, begins, and so to proceed along y^sea shoare 
to Hudson's River, and upo y* same in y® middle thereof, 
untill 60 miles be ended, to bee reckoned from the mouth 
of the s'' river or entrance thereof, and from thence to crosse 
over land south westwards to y* Ld Baltimore's plantacon 
of Mery Land, and hereunto is to belonge y® Island of Man- 
hatas lying w**'in the mouth of the river aforesaid, alsoe 
hereunto is to belong 10,000 Acres to bee laid out on y* 
east parte of Sagadahock. 

Signed by Lenox, Hamilton, Carlisle, Sterline, Ed. 
Gorges, S* Ferd. Gorges, Cap^ John Mason. 

To begin at the middle of y*" entrance of Hudson's River 
and soe to proceed eastwards to a river or Creeke neare to 
a place called Reduues or Reddownes, about 60 miles east 
from Hudson's River, and from teuce up into y' lands North 
Westwards 60 miles, and soe to crosse over lands South 
vv^estwards to meet w"' y^ end of y® 60 myles reckon from y* 
mouth or entrance of y'' s'' River called Hudson's, and up- 
wards alongst y*" Easterne shoare of y'' same ; and here unto 
is added 10,000 Acres upon the east part of Sagadahocke. 

Signed by Hamilton, Arundell & Surrey, Carlisle, 
Sterline, Ed. Gorges, S'* Ferd. Gorges, Capt. 
John Mason. 

To begin at y** middle of y^ River or Creeke neery'' place 
called Roduues or Reddownes, and soe to goe eastwards 
about 45 myles to a creeke or river called fresh river, & 
from thence up into y® Land Northwestwards 60 myles, and 
soe to crosse over land south westwards to meet w"' ye end 
ot y" 60 miles to be reckoned upwards noi'thwest fro y* 
mouth or entrance of y® said river ueer y^ Redd downes ; 



186 DOCUMENTS RELATING TO THE 

And hereunto is added 10,000 Acres in some of y^east parte 
of Sagadahock. 

Signed by Lenox, Hamilton, Arundell and Surrey, 

Sterline, Ed. Gorges, S*' Ferd. Gorges, Capt. 

John Mason. 

To begin at the middle of y^ entrance of y" river of Co- 
nectecult, and soe to proceed eastwards to y^ Naragansetts 
River or harbour accompted about 60 miles, and soe up y^ 
westerne arme of y'^ river to y** head thereof and into y® land 
north westwards till 60 miles be finished, being reckoned 
fro y^ entrance, and soe to y*" crosse over y*' land south 
westwards to meet w"' the end of 60 miles to be accomted 
from the mouth of Covectecult up Northwest ; & hereunto 
is to be added 10,000 Acres on y"" east part of Sagadahocke. 

Signed by Lenox, Arundell and Surrey, Carlisle, 
Ed. Gorges, Sterline, S^ Ferd : Gorges, Capt. 
John Mason. 

[5. Gorges] 

To begin at y*" middle of the west entrance of the Nara- 
gansetts & so to proceed along the Coast Eastwards to Cape 
Codd & round ab' the same, keeping on Northeastheards 
to Namebeck, which is on y*" East side ot the Massachusetts, 
& from thence N. E. into the Land 60 miles. Also from the 
Westmouth or entrance of y^ Naraganzetts, continuing up 
y^ Western arm of y*" same to the head therof, & from 
thence into y^ Lands N. Wards till 60 miles be finished from 
the first Entrance, from which period to crosse over land to 
y" 60 miles end accounted West from Xamebeck as afore- 
said ; and hereunto is to be added 10,000 acres on the east 
part of Sagadahocke. 

Signed by Hamilton, Arundel & Surrey, Carlile, 

Sterline, S^ Ferdinando Gorges, Capt. John 

Mason. 



TERRITORIAL HISTORY OF MAINE. 187 

[6. Capt. John Mason.] 

To beofinn at v* middle of Namekeck harbour or river & 
from thence to proceed E. ward along y" sea coast to Cape 
Anne, & round about y*" same into Pascataway Harbour, & 
so forth wards up within y^ river of Newichewanock, & to 
y*" furthest head of y^ said river, & from thence N. \V. ward 
till 60 miles be finished from the tirst entrance of Pascataway 
harbour. Also from Namekeck from the Harbour & river 
thereof up into y" Land west 60 miles, from which period 
to crosse over land to the 60 miles end accounted from Pas- 
cataway throG) Newichewanock River into y'' Land N. West 
as aforesaid ; & hereunto is to belong y" south halfe of y' 
Isles of Shoales & 10,000 Acres on y*^ S. East part of y' 
River Sagadahock at y^ Mouth or Entrance therof. 

Signed by Lenox, Arundell & Surrey, Carlile, Ster- 
LiNE, Ed. Gorges, S^ Ferd. Gorges. 

[7. Sir Ferdinando Gorges.] 

To begin at y® midle of y*^ Entrance of Pascataway har- 
bour & so to passe up y® same into y*" River of Newichewa- 
nock & throQ y" same und [unto] the furthest head, & 
from thence N. W. ward till 60 miles be finished : also from 
Pascataway harbours mouth afores'' along y" sea coasts to 
Sagadahock, & up y® River therof to Kinebequi river, and 
throQ y"^ same unto y*" head therof & into y land N.W wards, 
untill 60 miles be ended, being accounted from y** mouth of 
Sagadahoc & from y* Period of 60 miles afores"^ to crosse 
overland to the 60 miles end formerly reckond up into y* 
Land from Pascataway the harbour to new Chawanock 
river ; & herunto is to be added the North Halfe of y* Isles 
of Shoals, & also the Isles of Capawock, Nautican &*" near 
unto Cape Codd. 

Signed by Lenox, Hamilton, & Arundel & Surrey, Car- 
lile, Sterline, Ed. Gorges, Cap^ John Mason. 



188 DOCU3IENTS RELATING TO THE 

[8. Lord Alexander.] 

To begin at St. Croix next to New Scotland, & so to 
passe along y* sea Coast to Pemaquid, & up the river therof 
to the furthest head of y^ same as it tendeth Northwards, 
and from thence at y* nearest to Kenebecqui, & up that river 
by y* shortest course to the river of Canada : & herunto is 
to belong the Island called Mattawack or the Long Island. 

Signed by Lenox, Hamilton, Arundel & Surrey, Car- 
LiLE, Edw. Gorges, S^ Ferd. Gorges, Capt. John 
Mason. 

Saving & reserving out of this division to every one 
that hath any Lawfull grant of Lands or plantations lawfully 
setled in y*" same, y*" freeholding & enjoying of his right 
with y^ libertyes therunto appertaining, laying down his 
Jura regalia (if he have any) to y*" Proprietors of this divi- 
sion, wherin his Land lyeth, & paying some small acknowl- 
edgment for y' he is now to hold bis said Land anew of the 
proprietor of this division. 

Memorandum, that to all these particular grants of the 
Divisions aforesaid did signe with their own hands upon y® 
14*'* of Aprill following all y^ above named Lords and others, 
and theruppon they had every one his particular division 
delivered out unto them. 

Memorand. the 18^^ day of Aprill following Leases lor 
3000 years were made of the several divisions to severall 
psons intrusted for their benetitts. 

Memorand. the 22^ day of Aprill several deeds of feofment 
were made unto the several proprietors of their severall 
parts so to them allotted by the Divisions aforesaid. 



TERRITORIAL HISTORY OF MAINE. 189 



XLI. 

EXTRACTS FROM THE PATENT OF THE COUNTY OF 

CANADA TO WILLIAM, LORD ALEXANDER, BY 

THE GREAT COUNCIL FOR NEW ENGLAND. 

April 22 ^635^ 
May 2' 

Sources. 

William, Lord Alexander, who received the patent of 
Nova Scotia, M^yf , 1635, was the eldest son of the Earl of 
Stirling. He, with his father, became a mcml)er ot the 
Great Council but a short time before the division of the 
patent. A memorandum shows that his grant was one of 
the "deeds of feofment " under that division. Alexander's 
rights in Nova Scotia, under royal charter, were practically 
nullitied by the treaty of St. Germain. The new grant 
from the Great Council was westward from the St. Croix, 
a circumstance which extended the name Nova Scotia to the 
Penobscot country. 

The last meeting of the Great Council was held at Lord 
Stirling's house after the patent was suri-endered. An 
*' augmentation," which included the area on the east side 
of the Sagadahoc, granted to the other proprietors under 
the final division but never appropriated, was conveyed to 
the Earl of Stirling at that meeting. 

The parchment deed of the " County of Canada " is pre- 
served in the Public Record OflBce, London ; it was printed 
for the Bannatyne Club, David Laing, editor, "Royal 
Letters, Charters and Tracts" (Edinburgh, 1867), Preface, 
89-91, and reprinted by Edmund F. Shifter, editor, "Sir 
William Alexander and American Colonization " (Prince 
Society, 1873), 251-255. 

The text adopted is that of Laing for the Bannatyne Club. 

Text. 
To all Christian people vnto whom theis presents shall 
come The Councell for the AfJaires of New England send 



190 DOCUMENTS RELATING TO THE 

greetinge in our Lord God everlastinge. Whereas our late 
Souraigne Lord Kinge James of blessed memory by his 
highnes Letters Patente vnder the greate seale of England, 
bearing date att Westminster the Thirde daye of November 
in the eighteenth yeare of his Ma"*^'* raigne ouer his highnes 
Realme of England, for the consideration in the said Let- 
ters Patente expressed and declared hath absolutely given 
graunted and confirmed vnto the said Counsell and theire 
successors for euer all the lands of Newe England in Amer- 
ica lyinge and beinge in breadth from fortie degrees of 
Northerly latitude from the Equinoctiall lyne to fortie eight 
degrees of the said Northerly latitude inclusivelie . . . 
Now Knowe all men by these presents that the said Coun- 
sell of New England in America beinge assembled in 
publique Courte, accordinge to an acte made and agreed 
vppon the thirde day of ffebruary last past before the date 
of theis presents for diuers good causes and consideracions 
them herevnto especially moveinge have given, graunted, 
aliened, bargayned, and sold And in and by theis presents 
doe for them and theire Successors give, graunt alien bargaine 
sell and confirme vnto the right honorable William Lord 
Alexander his heires and assignes. All that part of the 
Maine Land ofNewe England aforesaid beginninge from a cer- 
taine place called or knowne by the name of Saint Croix next 
adjoininge to New Scotland in America aforesaid and from 
thence extendinge alonge the sea coast vnto a certaine place 
called Pemaquid, and soe vpp the River thereof to the fur- 
thest head of the same as it tendeth North warde and 
extendinge from thence att the nearest vnto the River of 
Kinebequi and soe upwards alonge by the shortest course 
which tendeth vnto the River of Canada ffrom henceforth 
to be called and knowne by the name of the Countie of 
Canada. And allsoe all that Island or Islands heretofore 
comonly called by the severall name or names of Matowack 



TERRITORIAL HISTORY OF MAINE. 191 

or Longe Island and hereafter to be called by the name of 
the Isle of Start inge situate lyinge and beinge to the west- 
ward of Cape Codd or the Narohiganlets within the latitude 
of ffortie or fortie one degrees or thereabouts abuttinge 
vpon the Maineland betweene the two Rivers there knowne 
by the severall names of Conectecutt and Hudsons River 
and conteyninge in length from East to West the whole 
length of the Sea Coast there betweene the said two Rivers. 
Together with all and singular havens, harbours creekes, and 
Islands, imbayed and all Islands and Iletts lyinge within 
ffive leagues distance of the Maine beinge opposite and 
abuttinge vpon the premises or any part thereof not for- 
merly lawfully graunted to any by speciall name . . . 
. . . . To be holden of the said Councell and theire suc- 
cessors, per Gladium Comitatus, that is to say by findeinge 
foure able men conveniently armed and arrayed for the 
warre to attend vppon the Governor of New England for 
the publique seruice within ffourteene dayes after any warn- 
inge given .... 



XLII. 

GRANT OF MASONIA TO CAPTAIN JOHN MASON, BY 
THE GREAT COUNCIL FOR NEW ENGLAND. 

May 2' 

Soiu'ces. 

The grant of New Hampshire, with that of ^Nlasonia, by the 
Great Council, ■''^l^y% 1635, was mainly to confirm to Captain 
John Mason the right to territory assigned to him at the meet- 
ing of February 3/13, 1634/5, when the great patent was 
divided. The portion to be known as Masonia was the 



192 DOCUMENTS RELATING TO THE 

"augmentation" east of the Sasfadahoc to be added to bis 
original grant of New Hampshire. On the same date a deed 
of nearly the same tenor was also issued by the Great 
Council. 

Notarial transcripts of the original documents were re- 
corded at York in 1667, and are found in "York Deeds," 
II., fols. 15-] 7. A transcript from the manuscript records 
at York was printed by Ebenezer Hazard, " Historical Col- 
lections, consisting of State Papers and Other Documents " 
(Philadelphia, 1792), I., 384-387; also {ibid, 383), the 
" allotment" from the records of the Great Council. From 
Hazard the grant was reprinted by Nathaniel Bouton, com- 
piler, "Records of New Hampshire, Provincial Papers," I., 
33-36, and in New Hampshire Historical Society, " Collec- 
tions," I., 313-317 ; it is also in Ben : Perley Poore, compiler, 
" The Federal and State Constitutions, Colonial Charters, 
and Other Organic Laws of the United States " (Washing- 
ton, 1877), 1273, 1274. Mr. AYilliam M. Sargent, editor 
of the " York Deeds," transcribed both the grant and the 
deed of Masouia for John Ward Dean, editor, " Capt. John 
Mason, the Founder of New Hampshire" (Prince Society, 
1887), 209-215. 

The text adopted is that of the " York Deeds," to which 
all other texts are traced. 

Text. 

To all Christean people vnto whom these Presents shall 
come, the Councell for the affayres of New England In 
America send greeteing in o"" Lord god everlasting/ W''as 
our late Soueraign Ld King James of blessed memory, by 
his highness letters pattents vnder the great seal of England 
beareing date at Westminster the third day of Novemb'' In 
the eighteenth yeare of his Reign over his highness Real me 
of England, for the Consideration In these letters Pattents 
expressd, & declared, hath absolutely given granted & 
Confirmed vnto the said counsell, & their successors for 
ever. All the land of New England In America, lijng & 
being in breadth from fourty degrees of Notherly Latitude 
from the equinoctiall Lyne to fourty eight degrees of the sd 



TEKUlToiaAL IIISTOUY OF MAINE. 1*J3 

Nothcrly latitude Inclu.scively, & In length of and with in all 
the breadth at'oresd, from sea to .sea, togeather al.soe with 
all the iirme Lands Soyles grounds, havens ports Rivers, 
Waters, fishings. Mines, & Mineralls as Well Uoyall Mines 
of o-ould & silver as other Mines, & Mineralls pretious stoons 
quaries, & all singular other conimoditys, Jurisdictions Roy- 
altys, priviledges Frantisces, preheminonces, both with in 
the sd Tract of Land, vpon y'' Mayn & alsoe within the 
Yslaiids & seas Adioyneing, as l)y the sd letters pattents, 
amongst diverse other things therein Coniayned, more at 
large, doth & may ai)peare ; Now know all men by these 
^sents. That y^ sd Counsell, of New England in America 
beino; assembled In ])ublick Court, according to an act 
made & agreed vpon the third day of February last past 
before the date of these Presents, for diverse good causes 
& considerations, them y''vnto espctially moueing. Have 
given, granted, aliened barganed & sould, & in & by these 
Presents do for them & thejr successors, give, grant, aliene 
bargane sell & contirme vnto Cap' John Mason Esq"", his 
heyres & assignes, all that part of the Mayn Land of New 
England aforesd, begining from the Middle part of Naviu- 
keck River, & from thence to proceed Eastwards along the 
sea Coast to Cape Anne & round about the same to Pis- 
chataw^ay Harbor, & soe forwards vp with in the River of 
Newgewanacke, & to y" furthest head of the sd River, & 
from thence North Westwards, till sixty Miles ])ee tinished, 
from the first entrance of Pischataqua Harbor & alsoe from 
Naundvccke through the River thereof vp into the Laud 
West sixty Miles, from which period to cross over Land to 
y« sixty Miles End, accompted from Pischataway, through 
Newgewanack River to the Land North West aforesd, & 
alsoe all that the South halfe of the Yles of shoales, all which 
Lands with the Consent of the Counsell shall from hence- 
forth bee Called New Hamshyre/ And alsoe teuu Thousand 
Vol. L 14 



194 DOCUMENTS RELATING TO THE 

Acers more of Land In New England aforesd, on the South 
East part of Sagadihoc, at the Mouth or entrance y"" of, 
from henceforth to bee Called by the name of Massonia/ 
togeather with all & singular Havens Harbors, Cricks, & 
lylands Irabayd, & all Islands & Isetts, lijng with in fiue 
leagues distance of the Mayne land opposite & abbutting vpon 
the Premises or any part thereof, Not formerly lawfully 
granted to any, by spetiall name, & all Mines, Mineralls, 
quaries soyles, & woods, Marshes waters Rivers lakes, 
fishing, hawkings hunting, & fowling, & All other Royaltys, 
Jurisdictions previledges, Preheminences profitts, coiiiod- 
itys, & hoeriditaments w^soever, with all & singular thejr & 
every of y'' app''tenances & togeather alsoe with all rents 
reserved, & the benefitt of all profitts due to the sd Coun- 
sell, & thejr successors, with pouer of Judicature in all 
causes & matters w^soever, as Well Criminall Capitall & 
civill, ariseing or which may hereafter arise with in the 
Lymitts, bounds & p''cincts aforesayd, to bee exercized, & 
executed according to the Laws of England, as neere as 
may bee, by the sd Cap' John Mason his heyres & assignes, 
or his or thejr Deputys Leeften'** Judges, Stewards or officers 
therevnto by him or them assiguned, deputed or appoynted 
from tyme to t3^me, with all other priviledges frantises, 
Lybertys, Immunitys, Escheats, & causuallitys, there of 
ariseing or which shall or may hereafter arise with in the sd 
Lymitts & |3cincts with all the Right title Clayme & de- 
mand w'soever, which the sd Counsell & thejr successors 
now of right haue or ought to haue or Claime, or may haue 
or acquir hereafter in or to the sd portion of Lands, or 
Islands, or any of the jpmisses, and In as large free ample 
benefitiall a manner, to all Intents Constructions & purposes 
w^soever, as the sd Counsell, by vertue of his Majestys sd 
letters Pattents may or Can grant the same saveing & always 
reserving vnto y*^ sd Counsell & thejr successors pouer to 



TERRITORIAL HISTORY OF MAINK. 195 

receive heare & determine & .sini,ail:ir !ii)i)C!ile & appeules of 
every pson & Prsons w'soeuer, dwelling or Inhabiting with in 
the sd Teritorys & Yshmds or any Prt thereof, soe granted 
as aforcsd, of & from all Judgments & sentences w'soeuer 
eriven with in the sd Lands, & lerritorvs aforcsd, To haiie 
& to hould all & singular the Lands & jimisses aboue by 
these jisents granted (cxce[)t before excepted) with all & all 
manner of Profetts, commoditys & hteriditaments, whatso- 
euer, with in the Lands & pcincts aforcsd, to the sd Lands 
Yslands tmd [imisses, or any Part of them any wise l)eloug- 
ing, or appertayning vuto the sd Cap' John Mason his 
heyres & assignes, to the onely pper vss & behoofe of him 
the sd Cap' John Mason his heyres & assignes for ever, to 
bee houlden of the sd Counsel! & thejr successors p gladium 
Commitatis, that is to say by finding foure able men con- 
veniently armed & arayed for the w'arr to Attend vpon the 
Gouerii' of New- England, for the publick service of, within 
foureteen days after any warneing given/ Yejlding & paijng 
vnto the sd Counsell & y"" successors for ever one fift Part 
of all the oare of the Mines of gould & silver, which shall 
bee had possessed or obtayned, w^ith in the Lymitts or 
pcincts aforesd, for all Rents services, dutys & deiuands 
w'soeuer, due vnto the sd Counsell & thejr successors, from 
any plantation within the Precincts aforesd, the same to bee 
delivered vnto his Majestys Receiver his Deputy or Deputys 
assigned for the receipt there of to the vss of his Majesty 
his heyres & successors from tyme to tyme with in the 
Lands pcincts & territorys of New England, aforesd ; And 
lastly the sd Counsell haue deputed & authorized & ap- 
poynted & In thejr place & stead haue putt Henery Jocelyn 
Esq% & Ambrose Gibbines Gentle" or either of them to bee 
y"" true & lawfuU Atturney, & Atturneys for them i.<: In y"" 
name & stead to enter into the sd Lands & other the i)misses 
with thejr appurtenances or any Part thereof in the name 



196 DOCUMENTS RELATING TO THE 

of the whool, & to take quiett & peaceable possession & 
seazin thereof soe had & taken as aforesd/ then to deliver 
the same vnto the sd Cap' John Mason his heyres or assigns, 
or to his or thejr Certen atturney or Atturnys to bee by 
him or y™ deputed on that ])ehalfe, according to the purport 
trve Intent & meaning of these jisents/ In witness w"" of 
they the sd Counsel! haue here vnto afixed thejr coinan 
seal/ Dated the Two & Twenteth day of Aprill, In the 
Eleaventh yeare of the Reigne of o'' Soueraign Ld Charles 
by the grace of god King of England Scottland, ifrance & 
Ireland Defend'' of the faith Anno : Doin : 1635 : 
Sealed with the seal of the sd Counsell there to appended/ 

Vera Copia/ 

Fred : Ixeni Notoio* 

Publicus/ 
A trve Coppy transcribed out of the original! Coppy & 
there with Compared this 27 ; May : 1667 : 

p Edw : Rishworth ReCor : 



XLIII. 

DECLARATION FOR RESIGNATION OF THE GREAT 

CHARTER, BY THE GREAT COUNCIL FOR 

NEW ENGLAND. 

April 25 1(335^ 

May 5' 

Sow'ces. 

For "A Declaration of y® Council! of New England fory* 
Resignation of y'^ great Charter & y^ Reasons moving y"* 
y'to," fp^"2|, 1635, "the best text is that made under" the 
direction of W. Noel Sainsbury of her majesty's Public 
Record Office, and published by Charles Deane, editor, 



TERKlTOniAL HISTOIIY OF MAINE. 197 

"Records of the Council for New En^Hnnd," American An- 
tiquarian Society, " Proceedin<rs " (18G7), 123-12G. An 
early manuscript copy is in the library of the Massachusetts 
Historical Society, "Letters and Papers," 1632-78, p. 2. 

The Declaration was first |)rinted in America from a 
manuscript copy by Ebonezcr Hazard, " Historical Collec- 
tions, Consisting of State Papers and Other Documents " 
(Philadelphia, 1792), I., 390-392; it has also been printed 
l)y William T. Davis, "A History of the Town of Plymouth, 
with a Sketch of the Origin and Growth of Sei)aratism " 
(Philadelphia, 1885), Appendix V., 145, 14(i. 

The complaints against the colony of Massachusetts Bay, 
as stated in the Declaration, resulted in a writ of quo ivar- 
ranfo, issued in June, 1(535, by Sir John l?anks, attorney- 
general. That document was i)rinted from the " Danforth 
Papers," by the Massachusetts Historical Society, " Collec- 
tions," 2d Series VHL, 97. There was no service of the 
writ in Massachusetts, and possession of the charter gave a 
security to the colony, a fact which, in sul)sequent years, 
proved dangerous to the settlements lying north of the 
Merrimac. 

The text adopted here is that of the manuscript in the 
Massachusetts Historical Society. 

Text. 

Forasmuch as we have found by a long experience, y* y* 
faithfuU endeavours of some of vs y' have sought y*" ad- 
vancem' of y'' Plantation of N : E have not been w"'out 
frequent & inevitable troubles of Com[)anions to o"" vnder- 
takings from o'' first discovery of y^ Coast to y" p''sent by 
great charges & necessary expences, but also depriving us of 
diverse of o"" freinds & faithfull servants imployed in y^ 
worke abroad, whilest o''selves at home were Assaulted w*'' 
sharp litigious questions before y*^ Lords of his Maj"''* most 
Hon'''*" Privy Councill, by y"= Virginia Company, & y' in y"' 
very infancy thereof, who finding they could not p'vaile in y' 
way, they fayled not to psecute y*^ same in the House of 
Parliam', p''tending o'' said Plantation to be a greivance to 
y" Comouwealth, & for such p'^sented it unto K: James of 



198 DOCUMENTS RELATING TO THE 

blessed memory, who altho his justice & Royal ntiture could 
[uot] so relish it, but was otherwise pleased to give his 
gracious iucouragement for gsecution thereof, yet such was 
the times, as the affeccons oi the multitude were thereby dis- 
heartened, & so much the more by how much it pleased god 
about that tyme to bereave as of y*" most noble & })rincipal 
props thereof, as y° Duke of Lenox, Marquis Hamilton, & 
many other strong stais to y^ weake of Building Then fol- 
lowed y" Clayme of y French Ambassadour, taking advantage 
of the Divisions made of the Seacoasts between o"" selves, to 
wdiome we made a just & satisftictory Answer (as it seemes) for 
y^ he rested contented therewith, & since y* we have heard no 
more thereof. Neverthelesse these crosses did draw upon us 
such a disheartned weakenesse, as there only remained a Car- 
cas in a manner breathlesse, till y*^ end of the last Parliam'. 
when y"" were certain y* desired a Patent of some Lands 
in the Massachusets Bay to Plant upon, who p''senting the 
names of Honest & Religious men, easily obtained their 
first desires, but these being once gotten they used other 
meanes, to advance them selves & step beyond their first 
proportions to a second Grant surreptitiously gotten of 
other Lands also justly past unto Cap^ : Robert Gorges long 
before, who being made Govern"" of those parts, went in 
person & tooke an absolute seizure, & actuall possession of 
y' country, by a setled Plantation he made, in the Massa- 
chusets Bay, w^"'' afterwards he left to the charge & cus- 
tody of his servants & certain other undertakers & Tenants 
belonging unto some of us, who were thrust out by those 
Intenders that had exorbitantly Bounded their Grant from 
East to West through all that main Land from Sea to Sea, 
being neer al)out three thousand Miles in length, with all 
riding over y*' heads of all those Lords & others that had 
their portions assigned unto them in his late Ma^"'' presence, 
& w**^ his Highnesse approbation by lot, upon the South 



TEUKITOKIAL lll.ST(JKY OK MAINK. 199 

coast from Etist to AVest, some eighty or one hundred 
leagues long. But herewith not yet content, they laboured 
& ol)tained unknown to us a confirmation of all this from 
his Ma''% & unwitting thereof, by w'='' meanes they did not 
only Enlarge their first extents to the West limits spoken of, 
but wholy excluded themselves from y" Publick Goverm'. 
of y° Councill Authorized for those affairs. & niade y'"selves 
a free people, & for such hold themselves at y'^ p'sent. 
Wherel)y they did rend in pcoces the Hrst foundation of the 
Building & so framed untoy™selves both new Lawes, and new 
conceits of matters of religion, and formes of Eclesiastical 
& Temporal Orders & goverment. Punishing diverse y' would 
not approve thereof, some by whipping others by burning 
their Houses over their Heads & some by banishing & the 
like, And all this partly under other pretences, tho indeed 
for no other cause save only to make y'"selves al)solute Mas- 
ters of y^ Country, & unconscionable in y"" new Lawes. So 
as those complaints posting first unto o''selves, y' had no 
sufficient meanes to redresse or give satisfaction to y« per- 
sons aggreived, they were at last of necessity petitioners 
unto his Ma'*" who pitt3ing y*" cases referred y™ to y*" Lords, 
to examine y'^ truth thereof, & to consider of y® meanes of 
reformation, who calling some of us to give acco', by w' 
Authority, or by whose meanes these People were sent over, 
& conceiving some of us to be guilty thereof, W3 were called 
for from o"" houses farre remote in y^ country at unseasona- 
ble times to o'" great charge & trouble. But as innocence 
is confident, so we easily made it appear y' we had no share 
in y*^ evils coinitted, & wholy disclaimed having any hand 
therein, humbly referring to y' Lrd^' to doe w' might best 
sort w"' y"' wisedoms who found matters in so desperate a 
case, as that they saw as that they saw [sic] a necessity for 
his Ma"° to take y* whole buisnesse into his own hands, if 
otherwise we could not undertake to Rectify w' was brought 



200 DOCUMENTS RELATING TO THE 

to ruine But findinoj it a taske too great for us to per- 
forme, we rather chose to resigne all into his Ma"*^^ hands 
to doe therein as he pleased, to w"^ we conceaved it did 
principally belong to have care of a buisnesse of so high a 
consecjuence as it is now found to be. 

After all these troubles & upo these consideracons it is 
now resolved y* y" Patent shall be surrendred unto his 
jyfj^tie^ w"' reservation of all such lawfuU rights as any is 
or hath been seized w^'^ eyther before or since the Patent 
Granted to those of y*' Bay of Massachusets. And that it 
may please his Ma"^ to Passe particular Grants unto us of 
such proportions of Lands as we have mutually agreed 
upon & are recorded before in y^ Booke That we having his 
jyjj^ties gi-ants of the same under a setled Goverment, may 
the more cheerfully proceed in y** planting of o"" severall 
Provmces, & w"^ y*^ better courage & assurance prosecute 
y^ same to a full setling of the slate of those countries, & 
a dutifull obedience of all such as shall come under us to 
his Majesties Lawes & ordinances there to be establish^'', & 
put in execution by such his Maj''^^ Lieftn'" or Governo as 
shall be imployed for those services, to y*^ glory of Allmighty 
god, the Honor of his Ma''% & Publick good of his faithfuU 
Subjects. And thus nmch we have thought fit to be Recorded, 
& in convenient tyme published, y* Posterity may Know y* 
Reasons & necessities moving us to quit o'^selves of these 
inconveniences & dangers that might have fallen upon the 
Plantations for want of power in us to reforme the same. 



TEUKITOUIAL HISTOIJY OF MAINE. 201 



XLIV. 

HUMBLE PETITION FOR THE ACT OF SURRENDER 
OF THE GREAT PATENT, BY THE GREAT COUN- 
CIL FOR NEW ENGLAND. 

May l/ll, lG3a. 

Sources. 

For the liuniblo ])etition tor the act of surrender of" the 
great patent, which was presented to King Charles I., 
May 1/11, 1635, the best text is that made under the direc- 
tion of W. Noel Sainsbury, and published by Charles 
Deane, editor, " Records of the Council lor New England," 
American Anti(]uarian Society, " Proceedings" (1867), 119, 
120. It was tirst printed l)y Ebenezer Hazard, " Historical 
Collections, Consisting of State Papers and Other Docu- 
ments" (Philadelphia, 1792), I., 392, and reprinted by 
Nathaniel Bouton, compiler " Records of New Hampshire, 
Provincial Papers" L, 40. 

Text. 

At a Meeting in the Earl of Carlile's 
Chamb-^ at Whitehall 
the 26''> day of April 1635 
present 
Earl Marshall. 
Earl of Carlile. 
Earl of Sterline. 
L'' Matrevers. 
L'' Gorges. 
S"^ Ferd. Gorges. 
Capt. J. Mason. 

Memorandum, ye Marq. Hamilton being in I'hysick sent word to this meeting by 
Jobu Winnin};ton th.it he would agree to whatever they should resolve on. 



202 DOCUMENTS RELATING TO THE 

This clay a draught of y° Petition following was read to 
their Lopps, which is to be presented to his Ma*^ & was 
approved of. 

To the Kings most Excellent Ma'^. The humble petition 
of S"" Ferdinando Gorges in y'' name of himselfe & 
divers Lords & others, ancient patentees and adven- 
turers in the plantation of New England. 

Humbly prayeth that in as much as they are presentl}^ to 
joyn in a voluntary surrender of y® Grand Patent of their 
Corporation to y"" Ma*y, that y"" Ma'^ would be pleased to 
give orders to M*" Attorney Genlt to draw such patents for 
confirmation of such parcels of Lands as by mutuall consent 
in their Court have been allotted unto them, and to have 
the said Patents prepared for y*" Ma*y* Royall signature, with 
such priviledges & immunityes as heretofore they have or 
might have enjoyed with their Land, by vertue of the said 
Grand Patent. The said Land to be holden immediatly of y"" 
Ma'y & submitting themselves to y'" Ma^^' Govern"" or Lieu- 
ten* of New England for the time being. Also with reser- 
vation of the right of every one lawfully planted in any of 
the said Lands, according to any act provided in that Case 
by y*' said patentees and adventurers in their Court, by 
means wherof every of them knowing their own inter- 
ests and authority may be the better able to plant their 
Lands & govern their Tenants and servants in the same, to 
the Honour of y'' Ma'^ & the rendring of such obedience to 
y"" highnesse laws as shall be approved off & to their own 
particular profits. 



TKUiaTOKlAL Hl.STOUY OF iMAlNE. 203 



XLV. 

ACT OF SURRENDER OF THE GREAT PATENT, BY 
THE GREAT COUNCIL FOR NEW ENGLAND. 

June 7/17. 1035. 

Sources. 

For the act of surrender to His Majesty of the great pat- 
ent of New England, June 7/17, 1635, the l)est text, as in 
the case ot other records of the Great Council, is by Charles 
Deane, editor, in American Antiquarian Society, " Proceed- 
ings" (18()7), 127, 128. An early transcript is in the library 
of the Massachusetts Historical Society, "Letters and 
Papers," 1632-78, 2. The act of surrender was first 
printed in America from a manuscript copy by El^enezer 
Hazard, " Historical Collections, Consisting of State Papers 
and Other Documents" (Philadelphia, 1792), I., 393. 

The text here used is that of the manuscript in the 
Massachusetts Historical Society. 

Text. 

To All christian People to w™ this Present writing shall 
come the President & Council I established at Plymouth in 
y'= County of Devon for the Planting Ruling & Governing 
of New England in America send Greeting in o"" Lord god 
Everlasting. Whereas o"" late soveraign Lord King Jaraes 
of ever blessed memory by his Highnesse Letters Patents, 
under the great Seal of England bearing Date at Westmin- 
ster 3" of Nov : in y" 18'" year of his Ma"" Reign of England 
France & Ireland, & of Scotland y*" 54"' upon y« motions 
Reasons & Causes in y" sayd letters Patents menconed & 
contayned, did for him his Hey res & Successors grant ordain 
estal)lish & confirme his then Right Trusty & right wel- 
beloved Cosens & Councillors Lodowick then Duke of Lenox 



204 DOCUMENTS RELATING TO THE 

&c : & diverse others of his nobility & Gentry of this Reulme 
of England therein named to be the first & present Councill 
established at Plymouth At Plymouth [sic'] aforesayd, for 
the Planting Ruling Ordering & Governing of New England 
in America aforesayd, & them the sayd Duke of Lenox &c : 
therein named & the survivors of them & their Successors to 
be Elected as in the sayd Letters Patents is Expressed Did by 
the sayd Letters Patents incorporate Erect ordain name con- 
stitute & establish to be one Body Politick & Corporate in 
Deed & name, by the name of y'^ Council Established at 
Plymouth aforesayd in the sayd County of Devon, for the 
Planting Ruling & Governing of New England in America 
aforesayd, to have perpetual Succession, w*'' diverse other 
Powers Priviledges, Lnunities, Provisions & Restrictions 
for the propagation & establishing of true Religion in those 
parts, & for the better Regulating of the same Plantation, 
As in & by y*^ same Letters Patents, due reference thereunto 
had more plainly & at large appeareth 

Now Know Ye that the sayd Presid' & Councill, for diverse 
good Causes & Considerations, them therunto moving have 
given granted assigned, yeelded up & surrendred. And by 
these presents doe give grant Assigneyeeld up & Surrender, 
unto o"" most gracious Soveraign Lord Charles by the grace 
of god K: of England Scotland France & Ireland Defender 
of the faith &c ; The sayd Letters Patents to the Duke of 
Lenox, Marquis of Buckingam &c : therein named for the 
Planting Ruling Ordering & Governing of New England in 
America aforesayd, & all & every the liberties Licences, 
Powers, Priviledges & Authorities therein & thereby given 
granted or mentioned to be given & granted, & all their & 
every of their right estate title, interest clayme & demand 
whatsoever, of in & to the same Letters Patents Licences 
Powers, Priviledges & Authorities, & of in & to every or 
any part or parcel of them or any of them 



TEKRITOKIAL HISTORY OF MAINE. 205 

III witnesse whereof the sayd Presitlt & Council have 
caused their CoiTioii Seal to l)e put to these Presents, the 
seaveuth day of June in y" 11"' year of the reign of o' sov- 
eiaisi^n Lord King Charles & in the year of o"^ Lord God : 
1635/; 



XLVL 

EXTRACTS FROM THE CHARTER OF NEW HAINIP- 
SHIRE, BY CHARLES I. OF ENGLAND. 

August 19/29, 1635. 

/Sources. 

The only certified copy which is known to exist of the 
royal charter of New Hampshire to Captain John Mason, 
August 19/29, 1635, is in a manuscript folio of 84 pages 
containing documents in proof of Mason's claims in New 
England. The collection, which is now in the possession of 
the Maine Historical Society, was formerly owned by Mr. 
jNIoses A. Sattbrd, of Kittery, Maine. In 1887, when Mr. 
William M. Sargent was superintending the publication of the 
" York Deeds," these documents were brought to his notice ; 
and the royal charter, whose existence had long been 
denied, was thus discovered. Although the New Hampshire 
historians had claimed that such a charter had been granted, 
the evidence had been too slight to establish a basis of 
direct proof. 

The charter, which was a royal confirmation of the grant 
l)y the Great Council, \^i[yf, 1635, was ))rintcd by Mr. 
Sargent, "York Deeds," II., Introduction, 20-39, from 
which text the following extract is reprinted. By permis- 
sion of Mr. Sargent, it w\as also printed by John Ward 
Dean, editor, " Capt. John Mason, the Founder of New 
Hampshire" (Prince Society, 1887), 360-378. 

Text. 
Charles by the Grace of God King of England Scotland 
tirancc & Ireland Deteuder of the tl'aith &c To all to whome 



206 DOCUMENTS RELATING TO THE 

these presents shall come Greeting Whereas our trusty and 
welbeloved Servant Captain lohn Mason Esq"" Treasurer 
and Paymaster of Our Armies hath been an humble Suitor 
unto Us to grant and confirme unto him and his heyres a 
part and portion of the Country of America now commonly 
called or known by the name of New England in America 
hereafter in these presents described and to be described 
by the Meetes and bounds thereof with diverse and Sundry 
privileges and Jurisdictions for the welfare of the State of 
those Colonies that are and shalbe drawne thither and for 
the better Government of the people that shall live and in- 
habit within the Limits and precincts thereof Which part or 
portion Wee have heretofore amongst other things for Us 
our Heyres and Successors taken into Our actual and real 
possession and in default of Such actuall & reall possession 
formerly taken doe by these presents for Us our Heyres 
and Successors take the same into Our actuall and reall 
possession Knowe yee that of Our Special 1 grace certain 
knowledsfe and mere motion Wee have ojven granted and 
confirmed and by this Oar present Charter for Us our 
Heyres and Successors Wee doe give grant and confirme 
unto the said Captain lohn Mason his Heyres and Assignes 
All that part purport and portion of the Main land of New 
England aforesaid begining from the midle part of Naum- 
keck River and from thence to proceed Eastward along the 
Seacost to Cape Anne and round about the same to Pascat- 
away harbour and Soe forwards up within the River of 
Newichewanock and to the furthest head of the said river 
and from thence Northwestwards till Sixty miles be finished 
from the ffirst Entrance of Pascataway harbour And also 
from Naumkeck through the River thereof up into the Land 
West Sixty miles from which period to cross over land to 
the Sixty miles End accounted from pascataway through 
Newichewanock river to the Land Northwestwards afore- 



TERRITORIAL HISTORY OF MAINE. 207 

said And also all that the South halt of the Isles of Shoulds 
T()<,^('thcr with all Islands and Islets as well iinbayed as 
adjoining lying or abutting upon or neare the premises or 
any part or parcell thereof within five Leagues distance not 
otherwise lawfully granted to any by Speciall name All 
which part purport and portion of Lands Islands and prem- 
ises now are and from henceforth shalbe called by the name 
of Newhampshire And also of Our especial grace certaine 
knowledge and mere luotioii ^^'('(• have given granted and 
confirmed and by this Our present Charter for Us our 
Heyres and Successors Wee doe give grant and confirme 
unto the said Captain lohn Mason his heyres and assignes 
All that other });ucell or i)orti<)n of Lands woods and Wood- 
grounds lying on the Southeast part of the River of Saga- 
dahock in New England aforesaid at the mouth or entrance 
thereof containing there Tenn Thousand Acres whichsaid 
other parcell of land now is and from henceforth shalbe 
called by the name of Masonia And also the Reversion and 
Reversions remainder and remainders of all and Singular 
the said lands Islands and premises dependant or expectant 
upon any estate or estates whatsoever upon record or not 
upon record be it for lease life or lives yeare or years ffee 
taile or fee tailes or otherwise Together also with all the 
firme lands Soyles and grounds as well under water as 
above water and dry all the Shoares Creeks havons harbours 
bayes ports . . . together also with all such and 
as ample Jurisdictions prerogatives Royall rights royal- 
ties privileges ffranchises prcheminences liberties powers 
Exemptions and immunities temporalities and hereditaments 
aswell by Sea as land and aswcll within the said tracts of land 
upon the main aswell within the said Islands or any of 
them and the coasts of or on the same or any part or 
])arcell thereof as now are or at any time heretofore have 
been had used or enjoyed or of right ought to be or to have 



208 DOCUMENTS RELATING TO THE 

been had used or enjoyed by the now or any former Bishop of 
Duresme within the Bishoprick of Duresme or the County 
Puhitine of Duresme within Our Reahue of England or that 
Wee or any of Our Pros-enitors have heretofore g-ranted or 
mentioned to be granted unto the now or \aie Company of 
Virginia .... 



XL VII. 

INDENTURE OF LAND ON THE NEWICHEWANNOCK, 
BY SIR FERDINANDO GORGES. 

September 17/27, 1635. 

Sources. 

The indenture between Sir Ferdinando Gorges and Cap- 
tain John Mason for lands on the Newichewannock (Salmon 
Falls) River, September 17/27, 1635, is, according to 
William M. Sargent, editor of " York Deeds," another of the 
documents " bearing upon the unwritten history of Maine." 
The indenture is in the collection of "muniments" of the 
Mason titles, formerly in the possession of Mr. Moses A. 
SafFord, of Kittery, Maine. Together with the royal char- 
ter to Captain Mason, it was printed in the introduction to 
" York Deeds," II., 39-42. Mr. Sargent calls attention to 
folios 174, 175, where reference is made to this indenture, 
which was never recorded because at the time of the 
transaction there Avas no place of record and Captain Mason 
died before Gorges established his court and registry. 
Although an indorsement says " it was made use of in the 
suit Allen vs. Spencer, tried at Wells, 1704," the convey- 
ance was generally overlooked until Mr. Sargent brought 
it to light in 1887. By permission it was printed by John 
Ward Dean, editor, " Capt. John Mason, The Founder of 
New Hampshire" (Prince Society, 1887), 387-390. 

The text adopted is that of Mr. Sargent in the " York 
Deeds." 



TKKUITOIMAL IIISTOUY OF MAINK. 209 

Text. 

This Indenture ni:ule the Seaventoenth day of September 
Anno Doui 1635 and in the Eleaventh yeare of the Reigne 
of Our Sovereigne Lord Charles I)y the grace of God King 
of Enghmd Seothmd Ifrance and Ireland Defender of the 
Ifaith &c Between Sir tferdinando Gorges of London knight 
on the One part and Captain lohn Mason of London Es- 
(juire on the other part Wittnesseth That whereas our hite 
Sovereign Lord King Limes of lih'ssed memoi'V hy his 
highness Letters patents under the Great Seal of England 
bearing date at Westminster the Third day of November in 
the Eighteenth Yeare of his highness reigne over the Kealme 
of England ffor the considerations in the same Letters 
patents expressed hath absolutely given granted and con- 
firmed unto the Councill cstabli;^hed at Plimouth in the 
County of Devoii ffor the planting ruling ordering and gov- 
erning of New England in America and to their Successors 
and assignes for ever All the Land of New England aforesaid 
lying and being in breadth from ffourty Degrees to ffourty 
Eight Degrees Northerly Latitude inclusivel}' Together with 
all ffirm lands Soyles grounds havons ports rivers waters 
ffishinirs huntin<>- hawking- flbwliniz: and all mines and miner- 
als aswell Royall mines of Gold and Silver as other mines 
& minerals and all and Singular other commodities Juris- 
dictions Royalties priviledges and prehemincnces as by the 
said Letters patents amongst diverse other things therein 
contained nu)re at large it doth and may appeare And 
Whereas the said Councill established at plimouth in the 
County of Devon fJbr the planting ruling ordering and gov- 
ernina: of New Enoland in America of the One part and the 
said Sir fi'erdinando Gorges of London knight on the other 
part ffor the considerations in the Same Indenture contained 
have given granted aliened barganed sold Enfeoffed and 
confirmed unto the said Sir tferdinando Gorges his heyres 
Vol. I. 1.) 



210 DOCUMENTS KELATING TO 'J HE 

and assignes for ever All that part purpart'or portion of the 
main land of New England aforesaid begining at the En- 
trance of pascataway harbour and soe to|pass up the same 
into the river of Newichewanock and through the same unto 
the flurthest head thereof and from thence Northwestwards 
till Sixty miles be finished And from pascataway harbour 
aforesaid Northeastwards along the Sea coast to Sagadahock 
and up the river thereof to the river of Kenebeck and 
through the Same unto the head thereof and soe up into the 
land Northwestwards until 1 Sixty miles be finished ffrom the 
mouth or Entrance of Sagadahock ffrom which period to 
cross over land to the Sixty miles End formerly accompted 
up into the Land firom pascataway harbour through Newich- 
ewanock Eiver (which amongst other Lands are granted unto 
the said Sir fferdinando Gorges) Together with all mines and 
minerals aswell royall mines of Gold and Silver as other 
mines and minerals precious Stones Woods marishes rivers 
waters ffishings hawking hunting and flbwling and all other 
Royalties Jurisdictions privileges preheminces profits and 
commodities whatsoever with all and Singular their appur- 
tenances with all other privileges liberties and immuni- 
ties which shall or may arise within the said Limits and 
precincts aforesaid as by the Said Indenture more at large it 
doth appeare Now therefore this Indenture ffurther Witt- 
nesseth That the Said Sir fferdinando Gorges for diverse 
good causes and considerations him hereunto especially 
moving hath granted aliened bargained Sold enfeoffed and 
confirmed and by these presents doth grant alien bargain 
Sell enfeoflfe and confirrae unto the Said Captain lohn Mason 
his heyres and assignes All that part or portion of land 
begining at the Entrance of Newichewanock river and Soe 
upwards alongst the Said river and to the ffurthest head 
thereof and to containe in breadth through all the length 
aforesaid Three miles within the land from every part of the 
said River and half way over the said river Together with 
all and Singular harbours creekes marishes woods rivers 
waters lakes mines and minerals aswell royal mines of Gold 



TEKIUTOHIAL IIISTOHY OF MAINE. 211 

& Silver as other mines aiid minerals preeious Stones ffish- 
insfs hawkinir and tt*()\vlin<r and all other royalties Jurisdie- 
lions privile<res preheminenees ])rotits commodities and 
hereditaments whatsoever willi all and Sinizular their and 
every of their appurtenances with all other privilci^es liber- 
ties immunities escheats and casualties thereof which shall 
or may arise within the Limits and [)recincts aforesaid To 
be holdeu of his Majesty his heyres and Successors as of 
his highness Mannor of East Greenwich in the County of 
Kent in fiVee and Common Soccage and not in Capite or by 
knights Service yeelding and paying to his Majesty his 
heyres and Successors the fEfth part of the Oare of Gold and 
Silver that from time to time and at all times hereafter 
shalbe there gotten had and obtained ffor all services duties 
and demands as in and by the said recited Letters patents are 
reserved To have and to hold all the said part or portion of 
Land and all other the said bargained premises with their 
and every of their appurtenances unto the said Captain lohn 
Mason his heyres and Assignes To the onely and proper 
use and behoof of him the said Captain lohn Mason his 
heyres and assignes for ever And to be injoyed as fully 
fi'reely and in as large ample and beneficiall manner and 
forme to all intents and purposes whatsoever as he the said 
Sir fierdinando Gorges by virtue of the said recited Lulent- 
ure might or ought to have hold and enjoy the same or an}^ 
part thereof In Wittness whereof the said parties to these 
present Indentures interchangeably have Sett their hands 
and Seals the Day and Yeare ffirst above written 
Sealed and Delivered fferd. Gorges. 

in the presence of 

jNIathew Bradley 

Roger Beal 

lohn Moor/Ser. 

This is a true Copie 
Edw Craufield/ 

B : Sargeant. 
Rich : Povev. 



212 DOCUMENTS RELATING TO THE 



XL VIII. 

CONCESSION OF ACADIA TO SIR CHARLES LA TOUR, 
BY THE COMPANY OF NEW FRANCE. 

January L5/25, 1635/6. 
Sources. 

The concession of Acadia to Sir Charles La Tour, son of 
Chiude La Tour, by the Compan}^ of New France, January 
15/25, 1635/6, was doubtless a confirmation of a privilege 
conferred by De Razilly, under whom La Tour held command 
in the west of Acadia. Although La Tour professed him- 
self a good Protestant while Acadia was under English 
supremacy, the new privileges accorded to him in 1635/6 
show that he was then in sympathy with the Roman Catholic 
religion. 

The original concession is in the Depot de la Marine, 
Paris, with the records of the Company of New France. 
The text adopted here is a certified copy of the original, in 
" Memorials of the English and French Commissaries Con- 
cernino; the Limits of Nova Scotia or Acadia " (London, 
1755)^1., 709, 710. 

Text. 

La Compagnie de la Nouvelle France : A tous ceux qui 
ces presentes lettres verront, Salut. Le desir que nous avons 
d' accroitre la colonic de la Nouvelle France, nous faisant 
recevoir ceux qui nous peuvent aider en ce loiiable dessein ; 
& voulant les inciter d' avantage, en les gratifiant de quelques 
portions de terres a nous concedees par le Roi, apres avoir 
ete certifies des bonnes intentions de Charles de Saint- 
Etienne sieur de la Tour, Lieutenant General pour le Roi es 
c6tes de 1' Acadie en la Nouvelle France, nomme par Mon- 
seigneur le Cardinal Due de Richelieu, Pair de France, 
Grand-Maitre, Chef & Surintendant general de la naviofa- 
tion & commerce de ce Royaume, sur la presentation de 



TERRITOKIAL UlSTOItY OF .MAINE. 213 

ladito Conipagnie, & avoir leconnu Ic zele dudit sieur de la 
Tour H la Reliirion Catholique, Apostolique & Romaine, & 
au service de Sa Majestd, avons donne & octroy^, don- 
nons & octroyons par ces pr^sentes, eu vertu du pouvoir a 
nous donnd par Sa Majesty, le fort & habitation de la T(nir, 
situ^ en la riviere Saint-Jean en la Nouvelle France, entre 
les 45 & 4G, degr^s de latitude, ensemble des terres pro- 
chainenient adjacentes Ti icelui dans I'dtcndiie de cinq lieiies 
au dessous le long dc ladite riviere, sur dix lieiies de pro- 
fondeur dans les terres : le tout selon les bornes qui en 
seront assign(^es, pour en jouir par ledit sieur de la Tour, 
ses successeurs ou ayans cause, en toute propridt^, justice 
& seigneurie, & tout ainsi qu' il a pICi au Roi donner & con- 
c^der ledit pays de la Nouvelle France en notredite Com- 
pagnie ; tenir le tout en fief mouvant & relevant de Quebec, 
ou autre lieu qui sera ci-apres designd par ladite Compagnie, 
a la charge de la foi & homniage que ledit sieur de la Tour, 
ses successeurs ou ayans cause seront tenus de porter audit 
fort de Quebec ou ailleurs, & de payer les droits & profits 
de fiefs, ainsi qu'il se pratique aux mutations de personnes ; 
& que ledit sieur de la Tour, ses successeurs ou ayans cause 
ne pourront faire cession ou transport de tout ou de partie 
des choses ci-dessus Ti lui conc^d^es pendant dix ans, Ti 
compter du jour & date des pr^sentes, sans le gre t^ le con- 
sentement de ladite Compagnie ; & apres dix ans il lui sera 
loisible, a ses successeurs ou ayans cause, d'en disposer avee 
les niemes charges ci-dessus, au })rofit des personnes capa- 
ble, & faisant profession de la Religion Catholique. Apos- 
tolique t*c Romaine. Fait & aecorde le (luiiizienie Janvier mil 
six cent trente-cinq. 

Extrait des delil)erati()ns de la Compagnie de la Nouvelle 
France. Si'jue A. Cheffault avee paraphe. 



214 DOCUMENTS RELATING TO THE 



XLIX. 

LEASE OF LAND AT CASCO BAY TO GEORGE 
CLEEVE, BY SIR FERDI NANDO GORGES. 

January 27 •\roc/7 
Ferruarv 6' -^"^^/ '• 

Sources. 

The lease of laud at Casco Bay, together with that of 
Hogg Island, Avas made PZullyl'^ '^^^^^/'^ , by Sir Ferdi- 
nando Gorges to George Cleeve and Richard Tucker for 
two thousand years. The document not only affords an 
interesting study of Goi'ges and his relation to the province 
of New Somersetshire, but it is also an important chapter 
in the record of a man who pla3^ed a prominent part in pro- 
vincial history. 

The lease was first recorded at York, ^^,-;^% 1G43, by 
Roger Garde, the first recorder of Gorges' province, and is 
found in ''York Deeds," I., Part II., folios 4, 5. with a 
renewal from Sir Alexander Rigby of Lygonia, j^.Y^^I, 1643 ; 
it was again recorded, juJy "^5, 1660, b}^ Edward Rish worth 
(Ibid., Part I., folios US, 96). A grant from Edward 
Rioby, Esq., of one thousand acres adjoining the former 
grant, February 20/30, 1652/3, was recorded September 
3, 1658 (Ibid., folios 74,75). The lease was first printed 
by William Willis, "History of Portland," Maine Histor- 
ical Society," Collections," 1st Series, L, A})pendix 233- 
235; and by James Phinney Baxter, "George Cleeve of 
Casco Bay, 1630-67" (Gorges Society, 1885), Appendix 
H., 216-222. In the latter book the conveyances from Sir 
Alexander Rigl)y are also included ; the work itself is a 
careful narrative of the life and times of the founder of 
Portland. 

The text adopted for this reprint is the transcript made 
by Roger Garde, in "York Deeds." 

Text. 

This Indenture made the twenty seaventh Day of Janu- 
arv in the twelueth veare of the Raiirne of our Souerais^ne 



TEKRITOKIAL IIISTOKV OF MAINE. 215 

Lord Charles by the grace of God King of Enghind Scotland 
flfraiu'c and Irohmd Defender of the faitli &c, Betweene S' 
ilerdinando Gorges of Ashton rhini))pes in the County of 
Somersett knight of the one ptie, And George Cleeue of 
Cascoe in^the gvince of New Soniniersett in New England in 
America Esquire , and Richard Tucker of Casco aforesaid 
of the said gvince of New Somersett in New England in 
America genf of the other ptie, Wittnesseth that the said 
Sir fferdinando Gorges for and in consideration of the same 
ol one hundred pounds of good and lawfull money of Eng- 
land to him HI hand payd before thensealing and Deliuery 
ot theis puts, as also for Divers other good causes and con- 
sideracons him the said S"" flferdinando Gorges hercvnto 
especially moucing, Ilath given granted ])argained sold and 
confirmed vnto the said George Cleeue and Richard Tucker 
their heires and assignes All that parte purparte and porcou 
of lands in America pcell of New England in America 
hereafter in theis puts Described and to be Descril)ed by 
the limitts and bounds thereof, that is to say, all that parte 
purparte and porcon of lands begining at the furthermost 
poynt of a necke of land called by the Indians Machegonne. 
and now and for euer from henceforth to l)e called or 
knowne by the name of Stogummor, and so along the same 
westerly as it trendeth to the first tFall of a little River 
issueinir out of a verie small Pond And from thence ouer 
land to the fFalls of Pesumpsca, being the first flails in y' 
River, vpon a straight line containeing by estimacon from 
fl:all to flail as aforesaid neare :iboute an English mile (W^" 
together w'*" the said necke of land that the said George 
Cleeue and the said Richard Tucker haue planted tor Diuers 
yeares already expired) is estimated in the whole to be 
fifteene hundred acres or thereabouts/ As also one Island 
adiacent to the said p''misses and now in the tenure or 
occupacon of the said George Cleeue and Richard Tucker 



216 DOCUMENTS KELATING TO THE 

commonly called or knowne by the name of Hogg Island, w"^ 
said p'"niisses w"' their appur^nances are not already possessed 
or passed to any other pson or psons whatsoever, but now 
granted by me and this my speciall order for confirmacon 
thereof vnder my hand and scale/ All w^'' p^'misses now are 
and hereafter shalbe deemed reputed and taken to lie parts 
parcells and members of the pvince of New Souiersett shire 
in New England aforesaid And also the said S'' fferdinando 
Gorges for the consideracons aforesaid Hath giuen granted 
bargained sold and confirmed And by these puts Doth glue 
grant bargaine sell and confirme vnto the said George Cleeue 
and the said Kichard Tucker their heires and assignes 
Together w"^ the said porcon of lands and p''misses all the 
soyles grounds woods and vnderwoods, Havens Ports, 
Elvers, waters, lakes, fBshings ffowleings. Mines and Min- 
eralls As well Royall Mines of Gold and siluer as other 
Mines and Mineralls, precious stones, Quarries, and all and 
singular other commodities Jurisdiccons Royalties, Priui- 
ledges, tiVanchises and Preheminences whatsoeuer within 
the said tract of landes and p''misses, or within any pte or 
pcell thereof, Saveing excepting and reserueing only out of 
this present grante the fift pte of all the oare of gold and 
siluer found and to be found in or vpon the p''misses or any 
pte or pcell thereof Due vnto his Ma"*^ his heires and suc- 
cessors, and now or at any other time hereafter reserued, 
or to be reserued. To haue and to hould all and sinouhir the 
said parte purparte and porcon of lands, and all other the 
p''misses herein menconed to be bargained sold or granted 
w"' their and every of their appurtnances vnto the said 
George Cleeue and Richard Tucker their heires and assignes 
To the only and prop vse and l)ehoofe of them the said 
George Cleeue and Richard Tucker their heires and assignes, 
to the end and full terme of two thousand yeares fully to be 
compleate and ended. To be holden of the said S' fferdinando 



TEKKITOHIAL HLSTOKY OF MAINE. 217 

Gorges and his heirs Lord or Lords of the said pvince of 
New Somersett shire as of his or their Mannor of Willitton 
and ftVee Mannois in free and coiTion Soccage by ffealty only 
for all niamicr of services And the yearely rent of two 
shillings the hundred for every hundred acres thereof be it 
in wood nieadowing pasture or tillage, the same to be levyed 
by Distres or otherwise according to the lawes and cus- 
tomes of the Realnie of England vsed and approued within 
the same for tenants of like nature/ And the said S"" ticrd- 
inando Gorges for himselfe his heires and assignes Doth 
couenant pmise and grante to and w"' the said George Cleeue 
and Richard Tucker their heires and assignes by theis pnts, 
That he the said S"" fferdinando Gorges his heires and 
assignes shall and will from time to time, and at all times 
hereafter Doe make acknowledge execute and suffer, or 
cause to be Done made acknowledged executed and suffered 
all and every such further and other reasonable actc and 
actes, thing and thing[s] Devise and Devises in the law 
for the farther and better assureance and sure makeing of 
all and singular the said lands and other the said p'misses 
w"' their and every of their appurtnances vnto the sai[d] 
George Cleeue and the said Richard Tucker their heires 
and assigne[s] As by his and their Councell learned in 
the lawes shalbe reasonably Devised advised or required/ 
And lastly the said S'' fferdinando Gorges hath consti- 
tuted ordained and appointed, And by theis pnts Doth 
constitute ordaine and appoint his trustie and welbeloued 
Isaack Allerton and Arthur Mackworth genl his true and 
lawfuU atturney and atturneys, Joyntly or seuerally for 
hiiu and in his name to enter into the said lands and other 
the said l>ai'gained p''misses, or into any pte or pcell thereof 
in the name of the whole, and thereof to take full and 
peaceable possession and seisin. And after such possession 
and seisin so had and taken Then tor him ami in his name 



218 DOCUMENTS RELATING TO THE 

to Deliuer full aud peaceable possession and seisin of the 
same lands and p''niisses vnto the said George Cleeue and 
Richard Tucker their heires and assio^nes accordingf to the 
tenor eft'ecte and true raeaneing of theis pnts In wittnes 
whereof the said pties to theis present Indentures Inter- 
changeably haue sett their hands and seales/ Dated the 
Day and yeare first herein aboue written Annoque Domni 
1636 
Sealed signed and Deliuered 

in the presence of fferd : Gorges (ffy 

William Withington 

John Wiuington 

MemoranS that I Arthur Mackworth gent haue taken and 
Deliuered possession and seisin vnto George Cleeue Esquire 
and Richard Tucker gen? according to the order w^ithin pre- 
scribed/ In wittnes whereof I haue herevnto sett my hand 
this eight Day of June 1637 
In the p'^sence of 

Thomas Lewis Arthur Mackworth 

John Hickford 

George ffrost 

This is a true coppie of the originall Deed examined and 
Recorded the 24"' Day of May by me 

Roofer Garde Recorder : 



TEKKlTOItlAL HISTOKY OF MAINE. 219 



COMMISSION TO SIR FERDINANDO GORGES AS GOV- 
ERNOR OF NEW ENGLAND, BY CHARLES I. 
OF ENGLAND. 

July 2:3 -ifoj 
August 2 ' ^^o/. 

The roytil commission to Sir FerdiiiMiulo Gorges as 
governor of New Enaland, Au^st^^^' 1637, is in the Public 
Record Office, London, " Cok)nial Entry Boolv," III., 60. 
It was first printed by Samuel G. Drake, " Founders of 
New Eni^land," in the " New Entiland Historical and Genea- 
lo.irical iteoister"(1860), XIV. i 345, 346; afterwards by 
John A. Poor, " A Vindication of the Claims of Sir Ferdi- 
nando Gorges " (Popham ^Memorial Volume, New York, 
18()2), Appendix F, 127. An abstract is in AV. Noel Sains- 
bury, editor, " Cah'ndar of State Papers," Colonial Series, 
I., 256. 

The text adopted is that of Samuel G. Drake, who first 
transcribed the commission from the " Colonial Entry Book." 

Text. 

Manyfesting Our Royall pleasure for the establishing a 
gencrall Govern'mt in Our Territorye of New Enghmd for 
prevention of those evills that otherwise might Ensue for 
default thereof — 

Forasmuch as Wee haue vnderstood and been credibly in- 
formed of the many inconueniences and mischiefs that haue 
growne and are like more and more to arise amongst Our 
Subjects allready planted in llic parts of New England by 
reason of the severall oijjnions ditfering humors and many 
other ditl'erenccs springing u}) betweene them and daily like 
to encrease, and for that it rested not in the power of the 
Councill of New England (By our Gracious flathers royall 



5^20 DOCUMENTS RELATING TO THE 

Charter established for those affaires) to redress the same, 
Without wee take the whole manageing thereof into Our owne 
hands, and apply therevnto Our immediate power and 
authority, Which being perceived by the principall under- 
takers of those businesses, They haue humbly resigned the 
said Charter unto us, that thereby there may bee a speedy 
order taken for reformation of the aforesaid Errors and 
mischeifs. And knowing it to l)ee a Duty proper to our 
Royall Justice not to suffer such Numbers of Our people to 
runne to ruine and so religious and good intents to lano-uish 
for want of timely remedie and Soueraigne assistance Wee 
haue therefore graciously accepted of the said Resignation 
and doe approue of their good affections to a seruice soe 
acceptable to God and vs, And wee haue seriously aduised 
with Our Councill both of the way of Reformation and of a 
person meet and able for that imployment by whose grauity, 
nioderation and experience Wee haue hopes to repair what 
is amiss and settlem* of those affiiires to the good of Our 
people and honour of Our Gouernm*. And for that purpose 
Wee have resolued with Our selfe to imploye Our Servant 
fferdinando Gorges knight, as well for that Our Gracious 
ffather of blessed memory as Wee haue had for a long time 
good experience of his fidelity, circumspection and knowl- 
edge of his GouernemMn niartiall and civill affaires, besides 
his understanding of the State of those Countreys wherein 
he hath been an immediate mover and a principall Actor, 
to the great prejudice of his estate, long troubles and the 
loss of many of his good ffreinds and servants in making the 
first discovery of those Coasts, and taking the first seizure 
thereof as of right belongs to vs Our Crown and dignity, 
and is still resolued according to Our Gracious pleasure to 
prosecute the same in his owne person, Which resolution and 
most coinendable affection of his to serve vs therin, as We 
highly approve, Soe Wee hold it a property of Our princely 



TEKKITOUIAL HISTORY OF MAINE. 221 

care to second him with Our Royall and ample authority 
Such as shalhee meet for an employment soe eminent and 
the performance of Our Service therin, wherot Wee haue 
thought itt fitt to make puhlick Declaration of Our said 
pleasure, That therhy it may appear to our good Subjects 
the resolution Wee haue graciously to prouide for the peace 
and future good of those whose aff'ection leads them to any 
such vndertaking, and withall to Signifye that Our further 
w ill and pleasure is, That none bee permitted to goe into 
any those parts to plant or inhabitt. But that they first 
acquaint Our said Goucrno"' therwith, or such other as shal- 
bee deputed for that purpose during his aboad heer in 
England, And who are to receiue from him or them allow- 
ance to pass with his or their further directions where to sitt 
downe most for their perticuler commodities and publick 
good of our Service (Sauing and reseruing to all those that 
haue Joyned in the Surrender of the Great Charter of New 
England and haue Grants immediately to bee holden of 
us for their Severall plantations in the said Countrye, firee 
liberty at all times hereafter to go themselues and also to 
send such Numbers of people to their plantacoiis as by 
themselues shall bee thought conuenient Heerby strictly 
charging and commanding all our Officers and others to 
whom it shall or may appertaiue, to take notice of this our 
pleasure and to be careful the same bee firmely obserued as 
they or any of them shall answer the same at their vttermost 
perill. Giucn at the Court of Whitehall the 23. day of July 
1637. and in the Thirteenth veare ot Our Kaigne. 



222 DOCUMENTS RELATING TO THE 



LI. 

THE CHARTER OF THE PROVINCE OF MAINE, BY 
CHARLES I. OF ENGLAND. 

April 3/13, 1639. 

Sources. 

The Royal Charter of the province of Maine, to Sir Fer- 
dinando Gorges, April 3/13, 1639, was designed to confirm 
allotment No. 7, according to the division of the Great 
Patent, February 3/13, 1634/5. The privileges under the 
new charter were as ample as those of the Bishop of Durham, 
a comparison which was a common formula in issuing pro- 
prietar\' grants. Maryland held the same rights of " County 
Palatine." The name "Province of Maine " is repeated 
from the grant of 1622. By reference to the earlj' charters 
it is easy to arrive at a correct idea of the origin of the 
name, which has survived all the changes of colonial rule, 
and is perpetuated in the phrase " State of Maine." 

The original charter, or a duplicate, is in the Public 
Record Office, London ; an early transcript, in the " Massa- 
chusetts Archives," III., 152-178, is certified to be a true 
copy of the records ; a transcript was also lodged in the 
"Records of the Inferior Court of York County, Mas- 
sachusetts," I., 16-24. It has been printed by Ebenezer 
Hazard, " Historical Collections, Consisting of State Papers 
and Other Documents" (Philadelphia, 1792), I., 442-455, 
also by James Sullivan, " History of the District of Maine " 
(Boston, 1795), Appendix I., 397-408. Another text is 
in a " Statement on the Part of the United States of the 
Case Referred in Pursuance of the Convention ot 1827, 
Between the Said States and Great Britain to His Majesty, 
King of the Netherlands for His Decision Thereon," printed 
but "not published (Washington, 1829), Appendix II., 82- 
93 ; and another is printed by James Phinney Baxter, edi- 
tor, " Sir Ferdinando Gorges and His Province of Maine" 
(Prince Society, 1890), II., 123-148. 

The text adopted is the manuscript copy of the original 
in the "Massachusetts Archives." 



TERRITORIAL HI^iTORY OF MAINK. 223 

Text. 

Chiirk'S l)y the Grace of God, King of England Scotland, 

France & Jreland, Defender of the Faith &c To all to 

whom these Presents shall come Greeting ; Whereas Sir Fer- 

dinando Gorjxes Kniiz^ht hath l)ecn an humble Suiter unto us 

to grant & confirm unto him & his Heirs a part & Portion of 

the Country of America now commonly called or known by 

the the Name of New Elngland in America, hereafter in these 

Presents described by the Metes & Bounds thereof, wMth 

diverse & sundry Priviledges & Jurisdictions for the Welfare 

& Good of the State of those Colonies that shall be drawn 

thither, & for the better Governni' of the People that shall 

live & inhabit within the Limits & Precincts thereof, which 

part or Portion of the said Country, we have heretofore 

amongst other things for us Our Heirs &, Successors taken 

into Our actual and real Possession, or in default of such 

actual & real Possession formerly taken, We do l)y these 

Presents for us Our Heirs & Successors take the same into 

Our actual & real Possession. Know' Ye therefore that of 

Our special Grace, certain Knowledge & mere Motion, We 

have given, granted & confirmed; And by these Presents 

for Us, Our Heirs & Successors do give, grant & confirm 

unto the said Sir Ferdinando Gorges his Heirs & Assigns, 

all that Part, Purpart, & Portion of the Main Land of New 

England aforesaid beginning at the Entrance of Piscataqua 

Harbour, & so to pass up the same into the River of 

Newichewannock, & through the same unto the furthest 

Head thereof, & from thence North wcstAvard untill One 

hundred & twenty Miles be finished, and from Piscataqua 

Harbour Mouth aforesaid North-Eastward along the Sea 

Coast to Sagadahoc, & up the River thereof to Kynybequy 

River, & thro' the same unto the head thereof, & unto the 

Land Northwestward untill One hundred & twenty Miles 

be ended, being accounted from the Mouth of Sagadahoc, & 



224 DOCUMENTS RELATING TO THE 

from the Period of One hundred & twenty Miles afores'^ to 
cross over Land to the One hundred & twenty Miles End 
formerly reckoned up, into the Land from Piscataqua Har- 
bour thro' Newichawannock River ; And also the North half 
of the Isles of Shoales, together with the Isles of Capawock 
& Nautican near Cape Cod, as also all the Island & Isletts 
lying within live Leagues of the Main all along the aforesaid 
Coasts between the afores'^ Rivers of Piscataqua & Sagada- 
hoc, with all the Creeks, Havens & Harbours thereunto 
belonging, & the Reversion & Reversions, Remainder & 
Remainders of all & singular the s'^ Lands Rivers & Prem- 
ises, all which s"^ Part Purpart or Portion of the said Main 
Land, & all & every the Premises herein ])efore named We 
do for us Our Heirs & Successors create & incorporate into 
one Province or County, And We do name, ordain & 
appoint that the Portion of the Main Land & Premises 
aforesaid shall forever hereafter be called & named the 
Province or County of Maine, & not l^y any other Name or 
Names whatsoever, with all & singular the Soil and Grounds 
thereof as well dry as covered with Water, & all Waters, 
Ports, Havens & Creeks of the Sea & Jnlets of the said 
Province of Maine & Premises, or to them or any of them 
belonging or adjacent, As also all Woods, Trees, Lakes & 
Rivers within the said Province of Maine & Premises, & the 
Limits of the same, together with thefishins^, of whatsoever 
kind, as well Pearls as Fish as Whales Sturgeons, or any 
other either in the Sea or Rivers, And also all Ro3^alties of 
Hawking, hunting. Fowling Warren & Chaces within the 
said Province of Maine & Premises aforesaid, Deer of all 
Sorts, & all other Beasts & Fowles of Warren & Chase, & 
all other Beasts there. And also all Mines & Oar of Gold 
Silver, Precious Stones, Tin, Lead, Copper, Sulphur, Brim- 
stone, or any other Metal or Mineral matter whatsoever 
within the said Province or Premises or any of them opened 



TKHKITOItlAL JIISTOKY OF MAINE. 225 

or hidden, & all Qiuinies there, & all Gold Silver, Pearls, 
Precious Stones & Anibergrease which shall be found within 
the s'' Province & Premises or any of them & the Limits & 
Coasts of the same or any of them, or any part of tiiem or 
any of them, & all & sinirular other Profitts, Benefits & 
Commodities growing, coming accruing or happening, or to 
be had perceived or taken within the said Province & Prem- 
ises Limitts & Coasts of the same or any of them. And 
also all Patronages & Advowsons, free dispositions & Do- 
nations of all & every such Churches & Chapels as shall be 
made & created within the said Province or Premises or any 
of them, with full Power, licence & Authority to build & 
erect or cause to be built & erected so many Churches & 
Chapels there, as to the said Sir Ferdinando Gorges his 
Heirs & Assigns shall seem meet & convenient, & to dedi- 
cate and consecrate the same, or cause the same to be 
dedicated & consecrated according to the Ecclesiastical 
Laws of this our Realm of England, together also with all 
& singular & as large & ample Right, Jurisdictions Priv- 
iledges. Prerogatives, Royalties, Liberties, Immunities, 
Franchises, Preheminences & Hereditaments as well by Sea 
as by Land within the s'' Province & Premises, & the Pre- 
cinct & Coasts of the same or any of them, & within the 
Seas belonging or adjacent to them or any of them, as the 
Bishop of Durham, within the Bishoprick or County Pal- 
atine of Durham in our Kingdom of England now hath, 
useth occupieth, or of Right he ought to have, use, enjoy 
within the said County Palatine, as if the same were here- 
in particularly mentioned & expressed, to have & to hold, 
possess & enjoy the said Province & Premises & every of 
them & all & singular other the Premises before by these 
Presents granted or mentioned or intended to be granted, 
with their & every of their rights, members & Appurtenances 
unto the said Sir Ferdinando Gorges his Heirs & Assigns to 
Vol. I. 16 



226 DOCUMENTS RELATING TO THE 

the sole & only use of the said Sir Ferdinando Gorges his 
Heirs & Assigns for ever, To be holden of Us Our Heirs 
& Successors as of the Mannor of East Greenwich in the 
County of Kent by fealty onl}^ in free and common Soccage, 
& not in Capite nor in Knights Service for all manner of 
Services whatsoever, yeilding & paying therefor yearly to 
Us Our Heirs & Successors One Quarter of Wheat, & also 
yeilding & paying unto Us Our Heirs & Successors the fifth 
Part of the clear yearly Proffit of all Royal Mines of Gold 
& Silver that from time to time & at all times hereafter 
shall be there gotten & obtained (if any such shall be there 
found) & the fifth Part of all Gold & Silver found upon the 
Sea, Ashoar or in Rivers or elsewhere within the bounds & 
Limits of the said Province & Premises, & the fifth part of 
the clear yearly ProfSt of Pearl Fishing ; And We do for 
us Our Heirs & Successors further grant unto the said Sir 
Ferdinando Gorges his Heirs and Assigns tor ever all Treas- 
ure, Trove, Goods & Chattels of Felons & of Felons of 
themselves, Waifes, Estraies Pirates Goods, Deodands, 
Fines & Amerciaments of all the Jnhabitants & others hap- 
pening growing or arising in the said Province & other the 
Premises or any part thereof, or in any Voyage or Passage 
to or from the same, as well for Oflences coinitted against 
Ourself Our Heirs & Successors, or things concerning Our 
self Our Heirs or Successors, or our ProfBt as against 
others, or things concerning others or the Proffits of others, 
& all & all Manner of Wrecks of Ships or Merchandize, and 
all that which to Wreck belongeth, by what means soever 
happening within or upon the Havens, Coa[s]ts, Creeks or 
Shoars of the Premises or any Part thereof, And We do 
for us Our Heirs & Successors, create, ordain & constitute 
the said Sir Ferdinando Goro;es his Heirs & Assio-ns the 
true & absolute Lords and Proprietors of all & every the 
aforesaid Province of Mayne & Premises aforesaid, & all & 



TKHItITf)HIAL HISTORY OF MAINE. 227 

every the Limits & Coasts thereof, Saving always the Faith 
& Allegiance of the Supreani Dominion due to Us Our 
Heirs & Successors ; And for the better Government of such 
our Sul)jects & others as at an^^ time shall happen to dwell 
or reside within the s"' Province & Premises or pass to or 
from the same, our AVill & Pleasure is that the lielijjion 
now professed in the Church of England & Ecclesiastical 
Governm* now used in the same shall he for ever hereafter 
Professed, & with as much convenient Speed as may [be], 
settled & established in & throughout the said Province & 
Premises & every of them. And We do for us our Heirs & 
Successors by these Presents give & grant unto the s'' Sir 
Ferdinando Gorges his Heirs cS; Assigns, Power & Author- 
ity with the Assent of the greater Part of the Freeholders 
of the said Province & Premises for the time being (when 
there shall ))e any) who are to be called thereunto from 
time to time, when & as often as it shall be requisite, to 
make, ordain & publish Laws, Ordinances & Constitutions 
reasonable & not repugnant or contrary l)ut iigreal)le as 
near ns conveniently may be to the Laws of England, for 
the publick Good of the said Province & Premises & of the 
Jnhabitants thereof by imposing of Penalties Jmprisonments 
or other Correction, or if the Oflence shall require by tak- 
ing away of Life or Member, The said Laws & Constitu- 
tions to extend as well to such as shidl be passing unto or 
returning from the said Province or Premises, as unto the 
Inhabitants or Eesidents of or within the same, & the same 
to be put in Execution by the said S' Ferdinando Gorges 
his Heirs & Assigns or by his or their Deputies Lieutenants, 
ludges Officers or Ministers in that behalf lawfully author- 
ized, & the same Laws, Ordinances and Constitutions or any 
of them to alter, change revoke or make void, & to make 
new not repugnant nor contrary but agreable as near as 
may be to the Laws of Enirlaud as the s^' S' Ferdinando 



228 DOCUMENTS RELATING TO THE 

Gorges his Heirs or Assigns — together with the Freeholders 
or the greater Part of them for the time being shall from 
time to time think fit & convenient ; And we do further by 
these Presents for us our Heirs & Successors s'lve & grant 
unto the said S"" Ferdinando Gorges his Heirs & Assigns 
full Power & Authority, & that it shall be lawfull to & for 
him the s'^ S"" Ferdinando Gorges his Heirs & Assigns to 
erect Courts of Justice, as well Ecclesiastical as Civil & 
Temporal whatsoever, & to appoint & constitute from time 
to time ludges. Justices, Magistrates & Officers as well of 
the said Court & Courts of lustice as otherwise, as well by 
Sea as by Land, for the hearing & determining of all man- 
ner of Causes whatsoever within or concerning the said 
Province & Premises or any of them, or the Jnhabitants and 
Residents there, & Passengers to or from the same as well 
by Land as by Sea, and to order & appoint what Matters or 
things shall be heard determined done or ordered in any of 
the said Courts, or by any of the said Judges Magistrates 
& Officers with such Power & in such Form as it shall seem 
good to the said S"" Ferdinando Gorges his Heirs & As- 
signs, And the said Judges, Justices, Magistrates & Officers 
& every or any of them from time to time to displace & 
remove when the said S'' Ferdinando Gorges his Heirs or 
Assigns shall think fit, & to place others in their Room & 
Stead, & that the Jnhabitants & Residents within the s** 
Province & Premises & Passengers to & from the same may 
within forty days after Sentence given in said Courts where 
Appeals in like Courts within this ICingdom are admitted 
appeal to the said S"" Ferdinando Gorges his Heirs and As- 
signs, or his or their Gen'^ Governor or cheif Deputy of 
the said Province and Premises for the time being. To 
whom we do by these Presents for us our Heirs & Succes- 
sors give full Power & Authority to proceed in such Ap- 
peals, as in like Cases of A))poals within this Our Realm of 



TEUIilTOKIAL III.STOUY OF MAINE. 229 

Enirland ; And We do further for us Our Heirs & Successors 
give & grunt unto the said S"" Ferdinaudo Gorges his Heirs & 
Assigns full Power & Authority to pardon remit & release all 
Offences & Offenders within the said Province & Premises 
ag"*^ all, every or any the said Laws Ordinances or Constitu- 
tions, & to do all & singular other things unto the Execution 
of Justice appertaining in any Courts of Justice, according to 
the Form & Manner of Proceedings in such Courts to l)e used, 
altho' in these Our Letters patent there be no particular men- 
tion of the same; But we do nevertheless here))y signify & 
declare our Will & Pleasure to be that the Powers & Author- 
ities hereby given to the said S"" Ferdinando Gorges his Heirs 
& Assigns for & concerning the Governni' both Ecclesiastical 
& Civil within the s'' Province & Premises shall be subordi- 
nate & subject to the Power & Reglem'of the Lords & others 
Commiss" here for forreign Plantations for the time being, 
but for all & whatsoever doth, shall or may concern the Pro- 
priety of the s'' Province, Parts & Coasts of the same or 
any of them, or any Owner-ship or Literest in any Lands, 
Tenements or other Hereditaments, Goods or Chattels, or 
the nominating or appointing of any Officer or Officers, the 
same is left wholly to the said Sir Ferdinando Gorges his 
Heirs and Assigns according to the Tenour, Jntent & true 
Meaning of these Presents ; And because such Assen;blies of 
Freeholders for making of Laws cannot always be so sud- 
denly called as there may be occasion to require the same, 
We do therefore for us Our Heirs & Successors give «&; grant 
unto the said Sir Ferdinaudo Gorges his Heirs & Assigns 
full Power & Authority that he the said S' Ferdinando 
Gorges his Heirs & Assi2:ns by liim & themselves, or 1)\- his 
or their Deputies, Magistrates or Officers in that behalf" law- 
fully constituted shall or may from time to time make &. 
ordain fit & wholsome (Ordinances within the said Province 
or Premises aforesaid to be kept & observed as well for the 



230 DOCUMENTS RELATING TO THE 

keeping of the Peace as for the better Governm'^ of the Peo- 
ple there abiding or passing to or from the same, & to 
publish the same to all to whom it may concern, which 
Ordinances we do for us Our Heirs & Successors streightly 
command to be inviolably observed within the s'^ Province 
or Premise.^ under the Penalty therein expressed, so as the 
same Ordinances be reasonable & not repugnant or con- 
trary but as near as may be agreable to the Laws & 
Statutes of Our Kingdom of England & so as the same Or- 
dinances do not extend to the binding, charging or taking 
away of the Right or Jnterest of any Person or Persons in 
their Lives, Mem1)ers, Freeholds, Goods or Chattels whatso- 
ever ; And because in a Country so far distant & seated 
amongst so many barbarous Nations, the Jncursions or 
Invasions as well of the barbarous People as of Pirates & 
other Enemies may be justly feared, we do therefore for us 
Our Heirs & Successors give & grant unto the said Sir Fer- 
dinando Gorges his Heirs & Assigns full Power & Authority, 
y^ he the s^ Sir Ferdinando Gorges his Heirs and Assigns, as 
well by him & themselves as l^y his and their Deputies, 
Captains or other Officers for the time being shall or law- 
fully may muster, levy, raise, arm & employ all Person & 
Persons whatsoever inhabiting or residing within the said 
Province or Premises for the resisting f)r withstanding of 
such Enemies or Pirates both at Land & at Sea, & such 
Enem ies & Pirates if Occasion should require to pursue & 
prosecute out of the Limits of the said Province or Premises, 
& them if it shall so please God to vanquish, apprehend & 
take, & being taken, either according to the Law of Arms 
to kill or to keep & preserve them at their Pleasures And 
likewise by force of Arms to recover from any Person or 
Persons all such Territories, Dominions Lands, Places, 
Goods, Chatties & Wares which hereafter shall be taken 
from the said S"" Ferdinando Gorges his Heirs or Assigns, or. 



TERRITORIAL IIISTOUY OF MAINE. 231 

from his or their Doputios Officers or Servants, or from any 
the Planters, .Inhabitants or Residents of or within the 
said Province or Premises, or from any other Mem])er.s, 
Aiders, or Assisters of the said .Sir Ferdinando Gorges his 
Heirs or Assigns, or from any other the Subjects of Us, Our 
Heirs & Successors, or others in Amity with us Our Heirs & 
Successors in the said Province & Premises & Coasts or any 
of them, or in their Passage to or from tlie same ; And We 
do further for Us Our Heirs & Successors jjive tte jjrant unto 
the said Sir Ferdinando Gorges his Heirs & Assigns in Case 
any Rebellion, sudden Tumult or Mutiny shall hap})en to 
arise either upon the said Land within the s'' Province & 
Premises or any of them, or Coasts of the same, or upon 
the main Sea in passing thither or returning from thence, or 
in any such Expedition or Service as afores'', it shall & may 
be lawful! to &for the said Sir Ferdinando Gorges his Heirs 
and Assigns, as well by him & themselves, as by his &, their 
Deputies, Captains, or other Officers under his or their 
Seals in that behalf to be authorized, to whom we also for 
Us Our Heirs & Successors do give & grant full Power and 
Authority to do & execute the same, to use 6c execute Mar- 
tial Law ag*' such Rel)els, Traytors Mutiners & Seditious 
Persons in as ample Manner & Form as any Cap* General in 
the Wars or as any Lieut', or Lieutenants of any County 
within this Our Realm of England by Virtue of his or their 
Office or Place may or have been accustomed in time of 
W:ir, Rebellion or Mutiny to do & perform ; And We do for 
us Our Heirs & Successors further give & grant unto the 
said Sir Ferdinando Gorges his Heirs & Assigns, & to all & 
every Conuuander, Gov'' Officer, Minister, Person & Persons 
which shtill l)y the said Sir Ferdinando Gorges his Heirs 
or Assigns be thereunto authorized or appointed Leave, 
Licence & Power to erect raise & build from time to 
time in the Province Territories & Coasts aforesaid, c*c every 



232 DOCUMENTS KELATING TO THE 

or any of them such & so many Forts, Fortresses, Plat- 
forms, Castles, Cities, Towns & Villages & all Fortifica- 
tions whatsoever, & the same & every of them to fortify & 
furnish with Men, Ordinances, Powder, Shott, Armour, & 
all other Weapons, Munition & Habiliments of War both 
for defence & Oflence whatsoever, as to the said Sir Ferdi- 
nando Gorges his Heirs & Assigns & every or any of them 
shall seem meet & convenient, & likewise to commit from 
time to time the Governm' Custody & Defence thereof unto 
such Person & Persons as to the said Sir Ferdinando Gorges 
his Heirs & Assigns shall seem meet, & to the said several 
Cities, Burroughs & Towns to grant Letters or Charters of 
Jncorporations with all Liberties & things belonging to the 
same, & in the said several Cities Burroughs & Towns to 
constitute such & so many Markets, Marts & Fairs & to grant 
such meet Tolls, Customes, Duties and Priviledges to or with 
the same, as by the said Sir Ferdinando Gorges his Heirs or 
Assigns shall be thought fit. And for that the Plantations 
are subject to diverse Difficulties cS; Discommodities, there- 
fore, We favouring the present beginning of the said Plan- 
tation, & having a provident Care that those who are 
greived in one thing may be releived in another, do of our 
special Grace, certain Knowledge & meer Motion, for us 
Our Heirs & Successors give & grant unto the said S'' Fer- 
dinando Gorges his Heirs & Assigns & unto all other our 
Subjects the Dwellers or Inhabitants that shall at any time 
hereafter be the Planters of or in the said Province or any 
of the Premises free Licence & Liberty for the landing, 
bringing in & unlading or otherwise disposing of all the 
Wares & Merchandizes, Profitts & Coiiiodities of the s^ 
Province or any the Premises both by Sea & Land, either 
by themselves or their Servants, Factors or Assigns, in any 
of the Ports of us Our Heirs & Successors within Our King- 
doms of England & Jreland, paying only such Customs & 



TEKKITOlilAL JIISTOliY OF MAINE. 233 

Subsidies & Duties as our natural Subjects of this Our 
Realm of England shall or ought to pay & none other, & to 
have & enjoy all such Liberties, Freedoms & Priviledges 
for or concerning the exporting of the same again, without 
Paym' of any more Customs or Duties, & for having again 
of Jmpost in such manner, & in the like beneticial Sort as 
any of our natural Subjects of this Our Realm shall then 
have & enjoy, And We do also for l^s Our Heirs & Suc- 
cessors give & grant unto the said S"" Ferdinando Gorges 
his Heirs & Assigns full & absolute Power & Authority to 
make erect & appoint within the s^' Province & Premises 
such & so many, Ports, Havens, Creeks & other Places for 
the Laading & unlading of Ships Barques & other Vessels, 
and in such & so many Places, & to appoint such Rights 
Jurisdictions, Priviledges & Liberties unto the said Ports 
Havens & Creeks belonging, as to him or them shall seem 
meet, & that ail and singular Ships Hoys Barques & other 
Vessels to be laden & unladen in any way of Merchan- 
dize shall be laden or unladen at such Ports Havens & 
Creeks so by the said S"" Ferdinando Gorges his Heirs or 
Assigns to be erected & appointed, & not elsewhere within 
the said Province Premises & Coasts, & to appoint what 
reasonable Tolls shall be paid for the same, & the same Tolls 
to receive take & enjoy to the said Sir Ferdinando Gorges 
his Heirs & Assigns to his & their own use, without Accompt 
to be therefor made to L^sOur Heirs or Successors, any use, 
Custom, Matter or thing to the contrary thereof notwith- 
standing, Saving always to all Our Subjects of this our 
Kingdom of England liberty of tishing as well in the Sea as 
in the Creeks of the said Province & Premises aforesaid, & 
the Priviledge of Salting & drying of their Fish & drying of 
their Nets upon the Shoar of the said Province & any the 
Premises, any thing to the contrary thereof notwithstand- 
ing, which said Liberties & Priviledges our Pleasure is that 



234 DOCUMENTS RELATING TO THE 

the said Subjects of us our Heirs &^ Successors shall enjoy 
without any notable Damage or Jnjury to be done to the 
said Sir Ferdiuando Gorges his Heirs & Assigns or the 
Jnhabitants of the said Province or any of the Premises 
or in any of the said Ports, Creeks, or Shoars aforesaid, 
but cheifly in the Woods there growing ; And We do further 
for us Our Heirs & Successors give and grant unto the said 
Sir Ferdinando Gorges his Heirs & Assigns full Power 
& Authority to divide all or any part of the Territories 
hereby granted or mentioned to be granted as aforesaid into 
Provinces, Counties, Cities Towns, Hundreds & Parishes, 
or such other Parts or Portions as he or they shall think fit, 
& in them, every or any of them to appoint & allot out such 
Portions of Land for publick Uses, Ecclesiastical & Tem- 
poral of what kind soever & to distribute grant assign & 
set over such particular Portions of the said Territories, 
Counties, Lands & Premises unto such our Subjects or the 
Subjects of any other Prince or State then in Amity with 
us our Heirs or Successors for such Estates & in such man- 
ner & formes as to the s'* Sir Ferdinando Gorges his Heirs 
or Assigns shall seem meet and Convenient, & the s*^ Person 
& Persons according to the said Estate & Estates so assigned 
& granted to have & enjoy the same, & to make, erect & 
ordain in & upon the said Province & Premises, or in & upon 
any of them or any part or parcell of them so many several 
& distant [distinct?] Mannors as to the s'' S'' Ferdinando 
Gorges his heirs & Assigns from time to time shall seem 
meet, & to the same sev" Mannors to assign, Imiit & appoint 
so much Land distinctly & severally for Demesne Lands ot 
the said several Mannors, & every of them, as to the s*^ S'' 
Ferdinando Gorges his Heirs & Assigns shall & may seem 
necessary & fit, & the said Mannors or any of them to call 
by such Name & Names as the said S'' Ferdinando Gorges 
his Heirs & Assigns shall please. The said Mannors to be 



TERRITORIAL HISTORY OF MAINE. 235 

holclen of the said S'' Ferdiniindo Goriros his Heirs & Assigns 
by such Services & rent us to him or tiiem shall seem meet, 
& also that the said S'' Ferdiiiaiido Gorjjes his heirs & 
Assigns shall & may at their Pleasure grant in Freehold so 
much of the said Demesne Lands. Uents & Hereditaments 
belonging or to I)e l)elong^' to any of the said Mannors or 
any Person or Persons their Heirs & Assigns for & under 
such Rents & Services as to the said Sir Ferdinando Gorges 
his Heirs or Assigns shall be thought fit to be holden of the 
said Sir Ferdinando Gorges his Heirs & Assigns as of the 
said Mannors or any of them respectively, the Act of Par- 
liam' made & enacted in the eighteenth Year of King Edward 
the first commonly called Quia emptores Terrarum or any 
other Statute whatsoever, or any other matter or things 
whatsoever to the contrary thereof in any wise notwith- 
standing ; And that he the said Sir Ferdinando Gorges his 
Heirs & Assigns shall have, hold & keep within the said sev- 
eral Mannors so to be made & erected such & so many Courts, 
as well Courtlates as Court Barons as to our Laws & 
Statutes of England shall be agreable ; And We do further 
for Us, Our Heirs & Successors give & grant unto the said 
Sir Ferdinando Gorges his Heirs & Assigns for ever all 
Admiral Eights, Benefits & Jurisdictions & likewise all 
Priviledges & Commodities unto the said Admiral Jurisdic- 
tions in any wise ])elonging or appertaining in & upon the 
Seas, liivers & Coasts of or belonging to the said Province 
& Premises, & every or an}' of them, or to the same ad- 
joining within twenty leagues of the said Province or 
Premises or any of them, & in & upon all other Rivers & 
Creeks thereof &, likewise power to hear & dotermine all 
manner of Pleas for & concerning the same Saving always 
to Us, Our Heirs & Successors & to the Lord high Admiral 
of England for the time being of Us Our Heirs & Successors 
all and all Manner of lurisdictions. Rights, Powers Benefits 



236 DOCUMENTS RELATING TO THE 

& Authorities whatsoever incident or belonging to the said 
Office of Admiral, which it shall be lawfull from time to 
time to Us, Our Heirs & Successors, or to the Lord High 
Admiral of England for the time being to have use and 
exercise within the said Province & Premises, & the Seas or 
Rivers thereof, or within twenty Leagues of the same as 
af ores'' when we shall think fit ; And We do for us, our Heirs 
and Successors give & grant unto the said Sir Ferdinand© Gor- 
ges his Heirs & Assigns full Power and Authority at any time, 
or times hereafter by him or themselves or by his or their 
Deputies to administer reasonable Oaths to all ludges Jus- 
tices, Magistrates & other Officers whatsoever by the s'^ S"" 
Ferdinando Gorges his Heirs & Assigns his or their Dep- 
uties to be elected at y*^ Election of them or [to ?] their several 
Offices or Places, or within convenient time after, & also 
that he the said Sir Ferdinando Gorges his Heirs and Assigns 
shall have full Power & Authority as well by him & them- 
selves as by his or their Deputies or other cheif Magistrate 
or Officer by him or them to be in that behalf appointed 
to give & administer reasonable Oaths to all or any Person 
or Persons of what degree or Qualit}^ soever employed, or 
to be employed in or about the said Province, Premises & 
Territories aforesaid or any of them, or in or about the 
Coasts of the same, & likewise to all or any Inhabitants & 
others that shall be or remain within the s'' Province & 
Premises or any of them, for the true & faithfull Execution 
& Performance of their sev" Charges & Places, as for the 
Examination & clearing the truth, & likewise for the In- 
formation & better direction of his & their ludgm*' in any 
matter or cause whatsoever Cerning the said S"^ Ferdinando 
Gorges his Heirs or Assigns, or any Inhabitant, Member or 
Person belonging or repairing unto the s'^ Province & Prem- 
ises, or any of them, or any part of them, & in all Causes, 
Actions, Suits & Debates there to be begun & prosecuted 



TERRITORIAL HISTORY OF MAINE. 237 

as the Nature of the Cause shiiU require, And further of 
our more especial Grace, certain Knowledge & mere Mo- 
tion, We do hereby for us Our Heirs & Successors grant 
unto the said Sir Ferdinando Gorges his Heirs & Assigns, 
that it shall & may be lawful! to & for the said Sir Ferdi- 
nando Gorges his Heirs & Assigns & every of them from 
time to time to set to Sea such & so many Ships Pinaces, 
Barges, Boats & other Vessels as shall be thought tit by the 
said S'' Ferdinando Gorges his heirs & Assigns, prepared 
& furnished w*'' Ordnance, Artillery, Powder, Shott, Vict- 
ualls, Ammunition or other Weapons or Habilimentts of War 
as well invasive as defensive in warlike manner or otherwise, 
& with such Number of Men, AVomen & Children as the 
s** S"" Ferdinando Gorges his Heirs or Assigns shall think 
fit in such Voyage into the s'' Islands & Places or any part 
thereof, as well for the Plantation & Fortification thereof as 
otherwise, & that these Presents shall be a sufficient 
Licence & Warrant for any Person & Persons that shall be 
by him or them sent & employed thither to go beyond y® 
Seas & in that manner so as the Persons so to be shipped, 
sent or transported as afores'' be not such as are or for the 
time being shall be prohibited by Proclamation of Us, Our 
Heirs or Successors, or by any Order or Orders of the Lords 
or other Comm''^ for foreign Plantations for the time being, 
And We do for us our Heirs & Successors further grant 
to & with the said Sir Ferdinando Gorges his Heirs & 
Assigns that only he the s^ S"" Ferdinando Gorges his heirs 
& Assigns, & his & their Factors, Agents, & such as shall 
be employed sent, licenced or allowed b}^ him or them, & 
no other Person, or Persons whatsoever, except as before 
excepted, shall repair or go into the said Province of Mayne 
& Premises aforesaid, & the Places within y* Limits & 
Coasts thereof, or any of them, to dwell, inhabit or abide 
there, nor have use & enjoy the Liberty, Use & Priviledge 



238 DOCUMENTS RELATING TO THE 

of Trade or Traffick unto in or from the said Province & 
Premises or any of them, or buying selling, bartering or 
exchanging for or with any Wares Goods or Merchandizes 
there whatsoever ; And likewise that it shall & may be 
lawfull to & for the said Sir Ferdinando Gorg-es his Heirs 
& Assigns, & for all & every other Person or Persons that 
shall be licenced or allowed by the said S"" Ferdinando 
Gorges his Heirs or Assigns from henceforth & at all times, 
& from time to time after the date of these our Letters 
Pattents according to the Orders & Constitutions of the said 
S"" Ferdinando Gorges his heirs & Assigns not being repus:- 
nant to Our Proclamations & Orders of the Lords & others 
our Comm" as afores'^ to take, convey, carry & transport 
for & towards the Plantation of the said Province & Prem- 
ises or any of them, or to be used there or in the Passage 
thither, or returning from thence, & there to leave, abide 
and inhabit all such & so many of our loving Subjects, or 
any other Strangers that will become our Subjects, & live 
under our Allegiance as shall willingly transport themselves 
or be transported thither, & that such our Subjects or 
Strangers may together with their Persons send, carry or 
convey thither as well Shipping, Armour, Weapons, Ord- 
nance, Ammunition, Powder, Shottand Habiliments of War 
as Victuals, Canvas, Linnen, Woolen Cloth, Tools, Imple- 
ments, Furniture, Swine & Pullen, Goods, Wares, Mer- 
chandizes of all Kinds and Sorts whatsoever fit & necessary 
for the Food, Livelyhood, Habitation, Apparel or Defence 
of Our Subjects which shall there inhabit & be, & all other. 
Wares, Merchandizes and Goods whatsoever not prohibited 
by the Laws or Statutes of this our Kingdom, paying Cus- 
toms and other Duties as other our Subjects do in such 
Cases And of Our further royal favour we have granted & 
by these Presents for us Our Heirs & Successors we do grant 
unto the said S"" Ferdinando Gorges his Heirs & Assigns 



TEUKITOUIAL HISTOUY OF MAINE. 239 

that the aforesaid Province, Rivers & Places iierel)y before 
mentioned to be granted or any of y'" shall not be traded in 
or unto, uor inhabited by any of the Subjects of us our 
Heirs & Successors without the special Licence of the said 
S'' Ferdinando Gorges his Heirs & Assigns, And therefore 
we do here})y for us our heirs & Successors, charge & 
command, prohibit & forbid all the Subjects of us our Heirs 
and Successors of what degree Quality or Condition soever 
they be, that none of them directly or indirectly presume to 
trade or adventure to traffick into or from, nor to inhabit or 
a])ide in the s*' Province of Mayue, Jsland, Dominions or 
Places herel)y mentioned or intended to be granted or any 
of them, other than the s'* S"" Ferdinando Gorges his Heirs 
and Assigns, & his & their Deputies & Factors, unless it be 
with the licence & consent of the s*' S"" Ferdinando Gorges 
his heirs & Assigns first had & obtained in that behalf in 
Writing under his or their hands & Seals under Pain of our 
Indignation, & also of such Penalties & Punishments as by 
the Laws & Ordinances of the said Sir Ferdinando Gorges 
his Heirs & Assigns to be made in that behalf, shall be 
appointed ; And We do further for Us, Our Heirs & Suc- 
cessors grant unto the s*^ S"" Ferdinando Gorges his Heirs & 
Assigns, that all & every the Persons })eing the Subjects of 
Us Our Heirs & Successors, which shall go or inhal)it within 
the s** Province & Premises or any of them, & all & every 
the Children & Posterity descending of English Scottish or 
Jrish Parents which shall happen to be born within the 
same or upon the Seas in passing thither or from thence, 
from henceforth ought to be & shall be taken & reputed to 
be of the Allegiance of Us, Our Heirs & Successors, & shall 
be & so shall be for ever hereafter esteemed to be the natural 
born Subjects of Us, Our Heirs & Successors, & shall be 
able to plead & be impleaded, & shall have Power & be able 
to take by descent, Purchase or otherwise Lands Tenements 



240 DOCUMENTS RELATING TO THE 

& Hereditaments & shall have & enjoy all Liberties, Fran- 
chises & Jmmunities of or belonging to any of the natural 
born Subjects of this our Kingdom of England within this 
Our Kingdom, & within all or any other of Our Dominions 
to all Intents & Purposes as if they had been abiding 
& born within this Our Kingdom or any other of Our 
Dominions ; And We do further for us Our Heirs & Suc- 
cessors give full Power & Authority to the s*^ S"" Ferdinando 
Gorges his Heirs & Assigns or any Person or Persons to be 
thereunto nominated by the s'^ S"" Ferdinando Gorges his 
Heirs & Assigns to minister & give Oaths of Allegiance and 
Supremacy according to the Forms now established in this 
our Realm of England to all & every such Person & Persons 
as they shall think tit, that shall at any time or times go or 
pass into the s'^ Province & Places or any of them, or shall 
be resident or abiding there ; And Our further Will & 
Pleasure is, & We do by these Presents for us, our Heirs 
& Successors covenant, promise & grant to and with the 
said S'' Ferdinando Gorges his heirs & Assigns, that if he 
the said Sir Ferdinando Gorges his heirs or Assigns shall at 
any time or times hereafter upon any doubt which he or 
they shall conceive concerning the Validity and Strength of 
this present Grant be desirous to i-enew the same from Us 
Our Heirs or Successors with Amendment of such Jmper- 
fections & Defects as shall appear fit & necessary to be 
reformed & amended by Us, Our Heirs & Successors, 
that then upon the humble Pet" of the said S"" Ferdinando 
Gorges his Heirs & Assigns, such further & better Assur- 
ance of all & singular y^ Premises hereby granted or men- 
tioned or intended to be granted according to the true 
Meaning of these Our Letters Patents shall from time to 
time by Us, Our Heirs & Successors be made & granted 
unto the said Sir Ferdinando Gorges his Heirs & Assigns, 
as by the Attorney Gen" of us Our Heirs & Successors for 



TEKIUTUKIAL IIISTOIJY OF MAINE. 241 

tlio time being & the learned Council of the s'' Sir Fcrdinando 
Gorges his Heirs & Assigns shall in that behalf he reasonably 
devised or advised, And further We do herel)y for Us, Our 
Heirs & Successors, charge & command all & singular Ad- 
mirals, Vice Admirals, Generals, Commanders, Captains, 
Justices of the Peace, Mayors, Sheriffs, Baillifl's, Constables 
Customers, Comptrollers, Collectors, Waiters, Searchers & 
all other the Officers & Ministers of us our Heirs & Succes- 
sors whatsoever as well now as hereafter for the timel)eing, 
to be from time to time in all things aiding & assisting unto 
the said Sir Ferdinando Gorges his heirs & Assigns, & their 
Officers Factors & Agents, & to every or any of them upon 
Request made, as they tender our Pleasure, & will avoid 
the contrary at their Peril — And We do Will & for Us, Our 
Heirs & Successors do declare & ordain that the s'' Province 
& Premises shall be immediately subject to our Crown of 
England & dependant upon the same for ever. And further 
We Will, & by these Presents for us. Our Heirs & Succes- 
sors do grant to the s*^ S"" Ferdinando Gorges his Heirs & 
Assigns that this Our Letters Pattents or the Enrolment of 
them shall be in all things, & to all Jntents& Purposes firm 
good & eflfectual & sufficient in the Law against Us, Our 
Heirs & Successors, as well in all Courts as elswhere within 
our Kingdom of England or in any other Our Kingdoms & 
Dominions as in the said Province & Premises aforesaid or 
in any of them, & shall be construed reputed & taken as 
well according to the true meaning & Jntent as to the Words 
of the same most benignly, favourably & beneficially to & 
for the s'' Sir Ferdinando Gorges his Heirs & Assigns, no 
Jnterpretation being made of any Word or Sentence whereby 
Gods word, true Christian Religion now taught, professed 
& maintained, y'' fundamental Laws of this Realm, or Alle- 
giance to us. Our Heirs & Successors may suffer prejudice 
or diiuinul ion any Omission, Misinformation, want of cer- 
VoL. I. 17 



242 DOCUMENTS RELATING TO THE 

tain Expression of the Contents, Limits & Bounds or the 
certain Situation of the said Province & Premises aforesaid, 
hereby meant or mentioned to be granted, or in what heigh th, 
Latitude or Degrees the same are, or any Defect in these 
Presents or any Law, Statute or other Cause or matter to 
the contrary notwithstanding ; And altho' express Mention 
be not made of the true yearly Value or Certainty of the 
Premises, or any of them, and notwithstanding any mis- 
naming & not certain or particular naming of the said 
Province, Places Lands, Territories, Hereditaments & Prem- 
ises whatsoever before by these Presents given, granted, 
confirmed or mentioned & intended to be granted or con- 
firmed or any part thereof, or the misnaming or not naming, 
or not rightly naming of the degrees & Coasts wherein or 
whereupon the same or any of them do lye, or any Act of 
Parliam* Statute Ordinance, Proclamation or Restraint here- 
tofore made or denied [ordained?] or provided, or any other 
thing cause or Matter to the contrary notwithstanding ; Nev- 
ertheless Our Intent & Meaning is that out of the Premises 
hereby granted or mentioned to be granted there shall be 
always saved & reserved to all & every such Person or 
Persons as have or hath any lawfull Grant or Grants of Land 
or Plantations, lawfully settled in the division & Premises 
aforesaid the Freeholding & enjoying of his & their Right 
with the Liberties thereunto appertaining, he & they re- 
linquishing & laying down all his or their lura Regalia, if 
he or they have any, to the said Sir Ferdinando Gorges his 
Heirs & Assigns, w^hom we have hereby made Proprietors 
of the Province or Division and Premises aforesaid and' pay- 
ing some small Acknowledgment to the said Sir Ferdinando 
Gorges his Heirs & Assigns, for that he & they are now to 
hold their said Land anew of the said Sir Ferdinando Gorges 
his Heirs & Assigns. Jn Witness whereof We have caused 
these our Letters to be made Patents. Witness Ourself at 



TERRITORIAL HISTORY OF MAINE. 243 

Wcstminstor the third day of April, Jn the fifteenth Year 
of Our Keigij. 

Per breve de private Sigillo 

Wolseley 

Examined g J Willard Secry 

A true Copy as of Record 

Examined J Willard Secry. 



LII. 

CONVEYANCE OF LANDS AT PEJEPSCOT, BY 
THOMAS PURCHASE. 

August 22 -• con 
September 1' ^^*^^' 

Sources. 

By the conveyance of lands at " Pagiscott" (Pejepscot) 
from Thomas Purchase to Governor Winthrop, so"ptemher'^i» 
1639, Massachusetts acquired her first right of jurisdiction 
in Maine. 

The original deed was entered in the " Records of the 
Governor and Company of the Massachusetts Bay in New 
England," I., 124, and is found in the printed " Rec- 
ords," I., 272, 273. An early manuscript copy from the 
original records is in the possession of the Maine Historical 
Society, " Pejepscot Papers," VII., 489 ; it was printed by 
Ebenezer Hazard, " Historical Collections, Consisting of 
State Papers and Other Documents" (Philadelphia, 1792), 
I., 457, and by George Augustus Wheeler and Henry War- 
ren Wheeler, " History of Brunswick, .... Including 
the Ancient Territory Known as Pejepscot" (Boston, 
1878), 9. 

The text adopted is that of the printed " Massachusetts 
Records." 

Text. 

This indenture, made the 22"^ day of the 5"^ m°, (a\ 1639, 
betweeue Thomas Purchase, of Pagiscott, gentleman, of 



244 DOCUMENTS RELATING TO THE 

the one parte, and John Winthrope, Esq,, Governo'' ot the 
Massachusets, on the behalfe of hiraselfe, the Governo"' & 
Company of the Massachusets, on the other parte, witness- 
eth, that the said Thomas, for divers good causes & consid- 
erations him there vnto mo vein g, hath given & granted, & 
by these jisents doth give & grant, vnto the said John 
Winthrope & his successors, the Governo"" & Company of 
the Massachusets, forever, all that tract of land at Pagiscott 
aforesaid, vpon both sides of the ryver of Androscoggin, 
being four miles square towards the sea, w'^ all liberties & 
priviledges therevnto belonging ; so as they may plant the 
same w'*' an Inglish colony when they shall see fit, and shall 
have as full power forever to exercise iurisdiction there as 
they have in the Massachusets ; provided, that the interest 
& possession of such lands as the said Thomas now vseth, 
or shall make vse of, for his owne stock, & improvement 
w^^'in seaven yeares next ensuing the date hearof, shall bee 
& remaine to the said Thomas, & his heires & assignes for- 
ever, vnder the iurisdiction aforesaid ; and as well the said 
Thomas himselfe, & his family, & his heires & assignes, as 
all other the inhabitants vpon the said lands, are forever to 
bee vnder the due gtection of the said Governo"" & Com- 
pany, by order of the Generall Court, as other inhabitants 
of the same iurisdiction are : This grant by approbation of 
the said Generall Court to bee recorded & exemplified vnder 
the coinon scale, or otherwise to bee voyde. In witnes 
whereof the parties abovesaid have hearvnto interchangably 
set their hands & scales the day & yeare first above written./ 

THOMAS PURCHES. 
Signed, sealed, & deliv''ed, in the psence of 

STEPHEN WINTHROPE, 

THOM: LECHFORD, 

AMOS RICHARDSON. 



TERRITORIAL HISTORY OF MAINE. 245 



LIII. 

COMMISSION TO SIR THOMAS JOCELYN AND OTHERS, 
BY SIR FERDINANDO GORGES. 

September 2/12, 1639. 
Sources. 

The commission to Sir Thomas Jocelyn and his council- 
lors, Septenibei- 2/12, 1639, by Sir Ferdinando Gorges, 
" for the government of the Province of Maine according to 
his ordinances," was transcribed in the ancient records of 
York. The commission has been printed from that source 
by James Sullivan, "History of the District of Maine" 
(Boston, 1795), Appendix VI., 417-421 ; and by Ebenezer 
Hazard, " Historical Collections, Consisting of State Papers 
and Other Documents" (Philadelphia, 1792), I., 458-462. 
It is mentioned by George Folsom, " History of Saco and 
Biddeford" (Saco, 1830), 53, 54; and by William Willis, 
" History of Portland " (Portland, 1831), I., 46, 47. 

The text adopted is Sullivan's print from the York 
records. 

Text. 

To all christian people to whome this present writinge 
shall come, I Sir Ferdinando Georges, lord proprietor and 
owner of the Province of Maine in New England in America, 
do send greeting in our Lord God everlasting. Know yee, 
that whereas it hath pleased the king's most excellent 
majestic to take into his owne actuall and reall possession, 
all the terretories and tracts of land, now called New Eng- 
land in America ; and hath, out of his royall ftivour, by his 
royall charter under the great scale of England, bearing date 
the third day of April, in this present fifteenth yeare of his 
highness' raigne, graunted and confirmed unto me the said 
Sir Ferdinando Georges, all that part and porcion of laud 
lying and being in New England aforesaid, which by the 



246 DOCUMENTS RELATING TO THE 

meetes and bounds thereof, extendeth itself from the en- 
trance of Pascataway Harbour unto the river of Sagadeba- 
docke, and soe up into the maine land one hundred and 
twentie milles, and hath declared his royall pleasure that the 
said portion of maine land aforesaid shal be henceforth 
called and named the Province of Maine, with all the soyles, 
rivers and brookes thereof, and hath also, by his said royall 
charter, given me power and authoritie to make and estab- 
lish ordinances for the better government and wellfare of 
the inhabitants of the said province, and publique peace 
thereof, with divers other royalties, priviledges and imuni- 
ties, as by the said royall charter, a true copy whereof is 
hereunto annexed, wherunto relation being had more at 
large, it doth and may appeare ; by vertue whereof, I have 
upon deliberate consideration, made and established the or- 
dinaunces unto this commission subscribed, for the better 
government of my said province, and until my further 
pleasure shall be signified for the revocation and making 
voide thereof, or untill I shall assemble the freeholders of 
my said province for enacting such lawes and statuts as 
may agree with the welfare of the publique state of the said 
province : wherefore, of the speciall good opinion which I 
have conceived of my trusty and well-beloved Sir Thomas 
Josselin knight, Richard Vines, Esq. my steward general, 
Francis Chapernoon, Esq. my loving nephew, Henry Jos- 
selin, and Richard Bonithton, Esquires, William Hooke 
and Edward Godfree gentlemen, I doe hereby constitute, 
ordaine and appoint them, the said Thomas Josselin 
knight, Richard Vines, Francis Champernoone. Henry 
Josselin and Richard Bonithton, Esquires, William Hooke 
and Edward Godfree, gentlemen, to be my councellors for 
the due execution of justice in such manner and forme as 
by my ordinances hereunto subscribed is directed, and 
as by the said annexed royall charter I am inabled, and 



TERRITORIAL HISTORY OF MAINE. 247 

doe alsoe give them power and authoritic to administer 
oaths to any person or persons within my said province 
for there better direccon and clearing of the truth in any 
cause or matter that shall depend l)efore them, and to 
doe and perfonne all other things unto the execution of 
justice belonging in such manner and form as by my said 
subscribed ordinances is ordeyned, and the said royall 
charter I am authorised, and I do alsoe give full power 
and authoritie unto the said Richard Vines, Esq. my said 
steward generall, to administer the oaths of allegiance ac- 
cording to the form used in this his majesties realme of 
England, and the oath in the said ordinances expressed unto 
the rest of my said councellors, and after the administration 
thereof unto them as aforesaid, I doc will and authorize them 
or any two of them to administer the said oaths unto the 
said Richard Vines, and soe to proceed to the execution of 
justice according to the power unto them given in my said 
ordinances, as by the said annexed copy of royall charter 
I am appointed. And for so much as there hath been 
several complaints, to me exhibited, against the piracies, 
spoyles, and other dangerous attempts that have bin made 
upon the inhabitants of my said province by the natives and 
other ])iraticall persons, contrary to the law of nations, and 
to the disheartening of other good subjects to be planters 
therein, for prevention whereof I do by the vertue of the 
power to me given by his majesties said royall charter, give 
full power and authoritie unto my said councellors, or any 
five of them, whereof the said Sir Thomas Josselin, or 
Richard Vines, Esquires, to be one, by there commission 
under there hands and scales, directed to the provost mar- 
tiall, or such other person or persons as they shall thinke 
fitt, to leavy armes, and take such forces as the said prov- 
ince will afoard, and therewith to make head, either by 
land or by sea, against such piratts or other persons, and to 



248 DOCUMENTS RELATING TO THE 

use all the means they can, for the vanquishing of them, or 
driving them out of the said province, and if it shall soe 
please God, to apprehend, kill or take them, and being 
taken, to proceed against them according to marshall law, 
or otherwise to determine of them as by the said councell 
shal be thought convenient, or the major voyce of them 
shall adjudge at there next assembly or sessions, to be held 
after apprehention of such piratts or other persons. All 
which sessions or other assemblies are by them to be held 
at such convenient tymes as they or the greater parte of 
them, whereof the said Sir Thomas Josselin, or Richard 
Vines, Esquires, to be one, shall thinke fitt for the due 
execution of the said ordinances, which ordinances doe 
follow in these words. , . . 



LIV. 

COMMISSION TO THOMAS GORGES AND OTHERS, WITH 
ORDINANCES, BY SIR FERDINANDO GORGES. 

March 10/20, 1639/40. 

Sources. 

The commission by Sir Ferdinando Gorges, March 10/ 
20, 1639/40, for the government of the Province of Maine, 
is similar in tenor to the one issued the preceding Septem- 
ber. Sir Thomas Jocelyn was at this time in England ; 
accordingly Sir Ferdinando appointed in Jocelyn's place 
his cousin, Thomas Gorges, who was sent to the province. 

A copy of the original commission is in the Public Record 
Office, London. A memorandum states that " ordinances 
lately expressed were renewed and sent into the Province of 
Maine with a copy of the patent." For expedition of suits 
Gorges gave to the secretary of the council his seal, with- 
out which no document would l)e valid. 

The commission, with the ordinances, was transcribed 
into the book of records at York. From that source it 



TERRITORIAL HISTORY OF MAINE. 249 

was printed by Jjunes Sullivan, " History of the District 
of Maine" (Boston, 1795), Appendix VI., 413-417. Sul- 
livan evidently mistook this conunission for the preceding 
one ; but the date, March 10, 1(539, proves, according to the 
Julian cah'iidar, that this is the later document. 

The ordinances are reprinted, with the Commission, from 
Sullivan's text. 

Text, 
To all christian people to whom this present writing 
shall come; I Sir Ferdinando (xorges, knight, lord, and 
owner of the Province of Mayne in New England in Amer- 
ica, doe send greeting in our Lord God everlasting : — 
Know yee, that whereas by my commission and ordinances, 
bearing date in September last past, I have made and estab- 
lished a councell in my said province for the due execution 
of justice there, according to the power unto me given by 
his majesties letters pattents, bearing date the third day of 
Aprill, in this present fifteenth yeare of his highness raigne. 
Now for that I am not certaine whether my said commission 
and ordinances be safely arrived within my said provmce, 
whereby justice may be duly executed according to the 
tenor thereof, I have thought fit to reestablish a councell 
therein for the execution of justice according to tiie ordi- 
nances hereunto subscribed, and according to the power 
unto me given by the said letters pattents, a true coppie 
whereof is hereunto annexed : by virtue of which power, I 
hereby nominate and appointe my trustie and wellbeloved 
cosen Thomas Gorges, Esq. Richard Vines, Esq. my servant 
and steward general, Henry Joselin, Esq. Francis Cham- 
pernoone, Esq. my loving nephew, Richard Bonithon, 
William Hook and Edward Godfrey, Esqs. to be my coun- 
cellors for the due execution of justice in such manner and 
form as by my subscribed ordinances is directed, and as hy 
the said letters pattents I am enabled, and I doe alsoe give 
them power to administer oathes to any person or persons 



250 DOCUMENTS RELATING TO THE 

within my said province for their better direccon and clear- 
ing of the truth in anie cause or matter which shall depend 
before them, and to doe and performe all other things unto 
the execution of justice in such manner and forme as by my 
said subscribed ordinances is ordained, and the said royall 
charter I am enabled or authorised ; and doe alsoe give my 
said kinsman Thomas Gorges, Esq. and my said steward, 
general, or either of them, full power and authoritie to 
administer the oath of allegiance, according to the form now 
used in this his highness' realme of England, and the oath 
in the said subscribed ordinances inserted unto the rest of 
the said councellors, and after the administration thereof 
unto them, as aforesaid, I do will and authorize them or 
any two of them to administer the said oathes to the said 
Thomas Gorges and Richard Vines, and so to proceed unto 
the execution of justice according unto the power unto them 
given in the said subscribed ordinances, as by the said let- 
ters })attents, I am appointed or enabled. And forasmuch as 
there have bin sundry complaints unto me exhibited, of the 
piracyes, spoiles and other dangerous attempts that have 
bin made upon the inhabitants of my said province by the 
natives and other piraticall persons, contrary to the law of 
nations, and to the disheartening of other good subjects to 
plant therein; for prevention whereof, I do, by virtue of 
the power unto me given by the said letters pattents, 
authorize my said councell or any five or more of them, 
whereof the said Thomas Gorges or Richard Vines, Esqs. 
to be one, by commission under the publique seale of my 
said province, directed to the provost marshall or such other 
person or persons as tliey shall thinke meete, to leavy and 
take such forces as the said province will afford, and there- 
with to make head by land or sea against such piratts, and 
them to pursue by all good wayes and means out of the 
said province, and if it shall soe please God to apprehend, 



TERRITORIAL HISTORY OF MAINE. 251 

kill or tako them, and Ijcing apprehended either according- 
to luartiall law to proceede against them, or otherwise to 
dispose of them as by my said eouncell or the greater part 
of them shal l)e thought meete at their next sessions or 
assembly to be held for puhliiiue determination^ of causes 
within the said province, according to the said subscribed 
ordinances, which ordinances doe follow in these words : 

Ordinances made and cstal)lished and ordained I)y me Sir 
Fcrdinando Gorges, knight, lord, and proprietor of the 
Province of Mayne in New England in America, and to be 
put in execucon by the persons hereafter menconed. 

First. Having desired nothing more than the happiness 
and prosperity of my said province, and that the inhabi- 
tants thereof may be peaceably and prosperously governed, 
I have thought fit, according unto the power unto me given 
by his majesty's said letters pattents bearing date as afore- 
said, to nominate and appoint my trusty and well beloved 
osen Thomas Gorges, Esq. Richard Vines, Esq. my ser- 
vant and steward gcnerall, Henry Joselin, Esq. Francis 
Champernoon, Esq. my loving nephew, Richard Bonithin, 
William Hooke, and Edward Godfrey, Esqs. and such 
others as I shall hereafter appoint, to be of my said eoun- 
cell duringe my will and pleasure only : and I doe hereby 
give my said cosen Thomas Gorges, Esquire, and my said 
steward generall Richard Vines, Esq. or either of them 
power and authority to call together so many of my said 
eouncell as shal be suflScient to determine and order any 
suite or matter depending before them or which shall 
hereafter depend before them (according to these my ordi- 
nances) and that there may be a certaine place and time for 
determininge of suites and causes, I have thought fitt to 
assigne the place to be as neare as may be unto the midst ot 
that partt of the said province which is most inhabited, and 

> •• Detetiniuatiou " in SuUivan. 



252 DOCUMENTS RELATING TO THE 

that your meetings be upon a day certaine once a month to 
be appointed by my said councellors or any three of them, 
whereof the said Thomas Gorges or Richard Vines to be 
one ; and at those meetings I doe give my said councell, or 
any three of them, whereof the said Thomas Gorges 
or Ricliard Vines to be one, power and authoritie, and do 
ordaine, that they shall examine, determine and punish all 
blasphemyes, mutinies, murders, felonyes, burglaryes, man- 
slaughters, robberyes, pettilarcenyes, rapes and ravish- 
ments, swearing, drunkenness, adultereyes, fornication, 
incest, riots, routs, unlawful assemblyes, spreaders of false 
newes, oppressions, exaccons, extorcons, forestallinge, re- 
grateinge, and all other undue raisinge the prices of the 
commodities whatsoever, and alsoe all forgeryes, perjuryes, 
and all other offences don or committed within the said 
province, contrary to the peace of our soveraigne lord the 
king, his royall crowne and dignitie ; and that my saide 
councell or any three of them, as aforesaid, whereof the 
said Thomas Gorges or Richard Vines, to be one, shall and 
may inflict such paines and punishments, upon any person 
or persons duly convicted or found guilty before them, for 
committing anie of the offences aforesaid, as by his majes- 
tyes laws or statutes now in force in this his highness' 
realme of England are made and provided for such offend- 
ers in as large and ample manner as by the said letters pat- 
tents I am enabled and no otherwise. And I doe further 
ordeyue that my said councell or anie three of them w^hereof 
the said Thomas Gorges or Richard Vines, to be one, shall 
heare, determine and order all complaints to them exhib- 
ibited within the said province for controversies arising 
between party and party, touching breach of covenants, 
debts, detinues, assumptsits, bonds, bills, legacyes and all 
other causes and actions whatsoever that doth or may 
concerne any person or persons in their goods chattels or 



TERRITORIAL HISTORY OF MAINE. 253 

Irocholds, within the said province, and to niako such orders 
upon hearing thereof tor the relief of the coniphiinant as 
the justness of the cause shall require, and as to the lanes 
and statutes of this his highness' realme of England are 
agreeal»le, and to award such costs and damages to the 
plaintitJe or defendant upon hearingc thereof as they shall 
thinke meete. But I doe limitt and restraine the power 
before menconed for [)unishinge the offences ))efore expressed 
and hearinge and deterniininge differences arising betweene 
party and party from extending to the punishinge, order- 
inge, or arl)itrating any cause or offence which shall depend 
])efore n)y said councell (saving such ofl'ences and causes as 
they shall jiunish and order according to the power unto 
me given by the said letters pattents, not exceeding or 
varyinge any thing from the same according to the intent 
and true meaning thereof. And I do further ordayne that 
my said councell or any three of them as aforesaid, whereof 
the said Thomas Gorges or Richard Vines, Esqs. to be one, 
shall punish all persons that contemptuously refuse to give 
obedience unto such orders as my said councell shall make 
at their sittings or sessions, and to impose fynes, and com- 
mitt the parties soe contemninge them, to prison, until they 
give obedience thereunto : and that there may be an orderly 
course held, for summoninge of appearance to any that 
shall be called to answer before my said councell, I have 
assigned this shorte forme of process to be there used : — 

To A. B. of D. in the said province, greeting. These are 
to will and command you to come and appeare before us 
the councell established for the Province of Mayne upon 
the first day of, &c. to answere to the complaint of E. 
Given under the scale of the secretary of our said councell 
the day of, &c. 

But in case of fellony or any cai)itall offence, the warrant 
is to be directed to the provost marshal 1 or constable of the 
peace, and to be after this forme : 



254 DOCUMENTS KELATING TO THE 

These are to command you, presently upon receipt hereof, 
to take with you a sufficient guard, and to use your best 
meanes for apprehending of A. B. and him to bringe before 
us to answer unto such matters of fellony as shall be ob- 
jected against him. Hereof fail not, &c. Given under the 
scale, &c. 

And I doe further ordeyne that you appointe some able 
sufficient clarke, to register all your proceedings, and record 
all your orders of courte ; and to assigne such other officers 
as shall be fitt, to attend your courte : and I doe alsoe 
ordeyne that if any person or persons shall contemne any 
of your orders, made according to the power unto me 
given by the said letters pattents, that you then assigne 
your provost martiall, to goe with a sufficient guard for 
apprehencon of such delinquents, and him or them to de- 
teyne in safe prison, till you further determine of them ; 
but in case resistance be made, then the provost martiall is 
to proceede to the killinge of such resisters as in like case 
of rebellion, you giving him warrant for soe doinge, which 
warrant is to be after this manner : 

To the provost martiall, &c. Forasmuch as sufficient 
proofe hath been made before us of the mutinous demeanors 
of E. D. contrary to the honour of justice, and to the 
breach of severall orders in that behalf provided. These are 
therefore strictly to charge and command you, to take w'ith 
you a stronge guard well armed, and that you omit not to 
apprehend the said E. JD. and him to bringe before us or 
some of us to be dealt withall accordinge to the nature of 
his cryme : and in case resistance, be made, or that he for- 
tify his house against you, that you then omit not by fire 
or otherwise to proceed against him, as against a dangerous 
rebell. 

But before this be granted, the court is to procede unto 
a diligent hearing of the complainte and to be well assured 



TERRITORIAL IIISTORT OF MAINE. 255 

of the proofes made of the matters he stands accused of, 
which done, sentence is to be given specyfieinir the proofes 
whereupon the order is grounded : and for the execution of 
such orders, and keeping of prisoners, you arc to make a 
provost nuirtiall, wdio is to have a house built for that pur- 
pose at the common charge, for that it is for the pul)li(iue 
good. And I doe further ordeyne that my said councelk)rs 
before they procede to the orderinge or punishinge any of 
the offences or causes before expressed, shall take the oath 
of allegiance according to the forme now used in this his 
high[njess' realme of England for their loyaltie to his maj- 
estic, and also the oath hereafter expressed for the due 
execution of justice without respect of persons, which oath 
doth follow in these 'words : 

I doe sweare to be a faithful servant and councellor unto 
Sir Ferdinando Gorges, knight, my lord of the Province of 
Maine, and to his heirs and assignes, to doe and perform 
all dutiful respects to him or them belonginge, concealing 
their councells, and without respect of persons to give my 
opinion in all cases according to my conscience and best 
understandinge, both as I am a judge for hearinge of causes, 
and otherwise freely to give my opinion as I am a councel- 
lor for matters of the state, or commonwealth ; and that I 
will not conceale from him and his said councell any matter 
of conspiracy or mutinous practise against ray said lord, his 
heires or assignes, but will instantly after n)y knowledge 
thereof discover the same unto him and his said councell, 
and seeke to prevent it, and by all means prosecute the 
authors thereof with all severity, according to justice : and 
thereupon I kisse the booke. 

And that all suites or causes that shall depend before my 
said councell may proceed in an orderly manner without 
confusion or uncertainty, I do hereby nominate and appoint 
my said kinsman Thomas Gorges, Esq. to be secretary of 



256 DOCUMENTS RELATING TO THE 

my said councell, and have delivered him a seale for sealing 
of all processes or warrants which shall issue from my said 
councell ; and doe ordayne that all processes or warrants 
which shall issue there without being duly sealed with the 
said seale, after the publishinge of these my ordinances, 
shall be utterly void and frustrate, and such persons as 
refuse to give obedience thereunto, not to be punished for 
their soe doinge. In witness whereof, I have hereunto put 
my hand and seale, the tenth day of March, in the fiftenth 
3^eare of the raigne of our most gracious soveraigne lord, 
king Charles, annoque Domini, 1639. 



LV. 

ASSIGNMENT OF THE PLYMOUTH CHARTER, BY 
WILLIAM BRADFORD. 

March 2/12, 1640/41. 

Sources. 

The assignment of the charter, by William Bradford, to 
the freemen of Plymouth, with certain reservations to the 
'<old comers," was made March 2/12, 1640/41. A record 
of the proceeding is found at Plymouth in the original 
"Court Orders," II., 10, 11, printed in "Plymouth Col- 
ony Records," II., 10, 11. 

The assignment was published by Ebenezer Hazard 
" HistoricafCollections " etc. (Philadelphia, ]792), I., 468, 
469; William Brigham, " The Compact with the Charter 
and Laws of the Colony of New Plymouth " (Boston, 1836) , 
305-307 ; and William T. Davis, " History of the Town of 
Plymouth, with a Sketch of the Origin and Growth of Sep- 
aratism " (Philadelphia, 1885), 44,45. There is also a 
manuscript copy in the British Museum, in a collection of 



TKKKlTOIilAL HISTOUY OF MAINE. 257 

papers marked " New Enirliind Papers, transcribed froiii 
ancient records of" Plymouth Colony," 1-if. 

The text adopted is that of" the " Plymouth C(dony 
Records." 

Text. 

Whereas diners and sondry treaties haue beene in the 
publike & Gefilall Courts of" New Plymouth, his ma"^, our 
dread soQaigne, Charles, by the grace of God King of Eng- 
land, Scotland, France, and Ireland, &8, concerning the 
gper right and title of the lands vv"'in the bounds and limm- 
itts of his said ma"'"' Ires patents, graunted by the right 
hon''''' his ma"" counsell for New England, ratifyed by their 
coinon scale, and signed by the hand of the Right Hon'''^ 
Earle of Warwick, then president of the said counsell, to 
William Bradford, his heires, associats, and assignes, beare- 
ing date, &6 ; and whereas the said Willm Bradford and 
diuers others, the first instruments of God in the beirinin^e 
of this greate work of plantacon, together w"' such as the 
alorderinge hand of God, in his puidence, soone added vnto 
them, haue beene at very greate charges to gcure the said 
lands, jiviledges, & freedomes, from all entanglements, as 
may appeare by diuers and sundry deeds, enlargements of 
graunts, purchases, payments of debts, &6, by reason 
whereof the title to the day of this p''nt, reraayneth in the 
said Wiltm, his heires, associats, and assignes, — now, for 
the better setling of the state of the said lands aforesaid, 
the said Wiltm Bradford and those first instruments termed 
and called in sondry orders vpon publike record, the pur- 
chasers, or old comers, witnes two in especiall, thonc beare- 
ing date the third of March, 1639, thother in Dcceml/ y" 
first, 1640, wherevnto these p''nts haue speciall relacon & 
agreement, and whereby they are distinguished from others 
the freemen and inhabitants of the said corporation, — be 
it knowne vnto all men, therefore, by these p''nts, that the 
Vol. I. 18 



258 DOCUMENTS RELATING TO THE 

said Wiltm Bradford, for himself, his heires, together w*'' 
the said purchasers, do onely reserue vnto themselues, their 
heires and assignes, those three tracts of lands menconed in 
the said resolucon, order, & agreement, beareing date the 
first day of December, 1640, vizs, first, from the bounds ot 
Yarmouth, three miles to the eastward of Naemskeckett, 
and fi'om sea to sea, crosse the said neck of land ; the sec- 
ond, of a place called Acconquesse, aP Acockcus, w^'' lyeth 
in the bottome of the bay, adjoyneing to the west side of 
Poynt Perrill, and two miles to the westerne side of the 
said riuer, to another place, called Acqussent Riuer, w*^'' 
entreth at the westerne end of Nickatay, and two miles to 
the eastward thereof, and to extend eight miles vp into the 
countrey ; the third place from Sowamsett Riuer to Patuc- 
quett Riuer, w"' Causumpsit Neck, w'^'' is the cheef habitacon 
of the Indians, and reserued for them to dwell ypon, extend- 
ing into the land eight miles through the whole breadth 
thereof, together w*^ such other smale jx.'ells of lands as 
they or any of them are psonally possessed of or interested 
in by vertue of any former titles or graunts whatsoeuer. 
And the said Willm Bradford doth, by the free and full 
consent, approbacon, and agreement of the said old planters 
or purchasers, together vv*'' the likeing, approbacon, & accep- 
tacon of the other part of the said corporacon, surrender 
into the hands of the whole Court, consistinge of the free- 
men of this corporacon of New Plymouth, all that ther 
right & title, power, authorytie, p'viledges, immunities, & 
freedomes granted in the said Ires patents by the said right 
hon''''^ counsell for New England, reserueing his & their 
psonall right of freemen, together w*'' the said old planters 
aforesaid, except the said lands before excepted, declareing 
the freemen of this present corporacon, together w*** all such 
as shalbe legally admitted into the same, his associats. And 
the said Willm Bradford, for him, his heires and assignes, 



TEKUITOKIAL MISTOKY OF MAINE. 259 

doe further hereby jjinise jind graiint to doe & pfornie wluit- 
soeuer farther thinge or thiiiges, act or aet.-^, w'^'' in him 
lyeth, which shalbe needtull and expedient for the hcttcr 
confirnieing & establi.-ihinge the said jiniisses as by counsell 
learned in the lavves shalbe reasonably aduised and deuised, 
when he shalbe thcrevnto required. In witnes whereof, 
the said Wiltni Bradford hath in publikc Court surrendred 
the said Ires [)atents actually into the hands and power of the 
said Court, bynding himself, his heires, cxecut", adminis- 
trat"^, and assignee, to deliG) vp whatsoeuer specialties are 
in his hands that do or may concerne the same. 

Meraorand : that the said surrender was made by the said 
Willra Bradford, in publick Court, to Nathaniell Sowther, 
especially authorized by the whole Court to receiue the 
same, together w"' the said tres patents, in the name and 
for the use of the whole body of freemen. 

It is ordered by the Court, that M"- Willm Bradford shall 
haue the keepeing ot the said tres patents, w*^'' were after- 
wards deliOcd vnto him by the said XatliMnieJl Sowther in 
the publike Court. 



LVl. 

COMMISSION TO LORD D'AULNEY CHARNIZAY, BY 
LOUIS XIV. OF FRANCE. 

February, 1647/8. 

Sources. ■ 

The commission to Lord D'Aulnev Charnizay, Februarys 
1647/8, by Louis XIV. of Franc(\ with the a})proval of his 
mother, the queen regent, extended the western limits ot his 
territory as far as "North Virginia," or New England. 
The document was brought forward by the English com- 
missioners under the treaty of Aix-la-Chaix'Ile, as a proof 
that Acadia and Nova Scotia were identical. 



260 DOCUMENTS RELATING TO THE 

The commission is of further interest because of its con- 
nection with the controversy between Sir Charles La Tour 
and D'Aubiey. It is believed that De Razilly, at the same 
time at which he made La Tour commander in West Acadia, 
appointed D'Aulney his lieutenant in East Acadia. While 
D'Aulney was always unwavering in his allegiance to the 
church of Rome, La Tour was ready at any time to change 
his religious belief for his own advantage. 

Many papers which relate to the D'Aulney controversy, 
including the commission, are in the " Massachusetts 
Archives," from which source they were printed by the 
Massachusetts Historical Society " Collections," 3d Series, 
VIL The commission is also included in " Collection de 
Manuscrits Contenant Lettres, Memoires, et Autres Doc- 
uments Historiques " (Quebec, 1883), I., 120-124; and a 
cop3' from the original is in " Memorials of the English 
and French Commissaries Concerning the Limits of Nova 
Scotia or Acadia" (London, 1755), L, 571-576. 

The text adopted is from the transcript in the " Massa- 
chusetts Archives," IL, 492-498, which is an English 
translation. 

Text. 

Lewis by the Grace or God King of France & 
Navarr to all People present and to com greeting. Being 
well informed & assured of the laudable & commendable 
aflection, trouble & diligence that our dear and well beloved 
Charles de Menou Knight Lord d'Aunay Charnisay apointed 
by the late King of blessed memory our most honoured 
Lord & Father (whom God absolve) Gouvernor and our 
Lieutenant General in the Country & Caost of La Cadie 
in New France hath used both to the conversion of the 
Savages in the said Country to the Christian Religion and 
Faith, and the establishing of our authority in all the extent 
of the said Country, having built a Seminary under the 
direction of a good number of Capucine Friars for the 
instruction of the Said Savages's Children, and by his care 
and courage driven the Forein Protestants out of the Pen- 
tegoet Fort which They had seized to the preiudice of the 



TERRITORIAL HISTORY OF MA INK. 261 

rights and authority of our Crown, & hy our oxpres com- 
mandment taken again by force of arms, and put again 
under our power the Fort of the River Saint John which 
Charles of Saint Etienne Lord de la Tour was possessed of, 
and by open rebellion endeavoured to keep against our will 
and to the great contempt of the declarations of our Council 
by the help and countenance of Forein Protestants with 
whom he had made a confederacy for that purpose, and that 
moreover the said Lord d'Aunay Charnizay hath happily 
began to form and settle a French Colony in the said Coun- 
try, cleared and improuved great parcels of lands, and 
for the defence and conservation of the said Country, 
under our authority and power built and strenuously Kept 
against the endeavours and assaults of the said Forein 
Protestants four Forts in the most necessary places, and 
them furnished with a sufficient number of Soldiers, sixty 
great guns & other things requisit to that, all with great & 
immense charges, the which to bear he hath been forced to 
borrow of severall persons great sums of money, we not 
having been able to give him all the assistance in that occa- 
sion that we had given, if the necessity of our affairs had 
permitted Us. Make Known that we desire with all our 
heart for the glory of God the encreasing of the Christian 
Faith and Relligion the Salvation of those poor Savages's 
Souls, who live in ignorance withour[t] any Religion & 
knowledge of our Maker, as also for the honour and great- 
ness of our Crown that so pious and honorable a work 
be carried on and finished as perfectly as possible, fully 
trusting in and assured of the zeal care industry courage 
good & wise behaviour of the said d'Aunay Charnizay, & 
being willing, as it is l)ut reasonnable to reward his good 
and faithfuU services, have by the advice of the Quen Kegent 
our most honoured Lady and Mother, and with certain 
knowledge full power and Royall Authority the said Lord 



262 DOCUMENTS RELATING TO THE 

d'Aunay Chavnizay confirmed, and do confirm a new as 
much as need is or might be, and have apointed and do 
apoint by these presents signed by our own hand Gouvernor 
and our Lieutenant General representing our Person in all 
the above said Countrys Territorys Caosts and bounds of 
i'Acadie, beginning from the brink of the great River Saint 
Laurens, both along the Sea-caost and adiacent jslands, and 
innerpart of the main Land, and in that extent as much 
and as far as can be as far as the Virginias,^ to settle and 
make known our name, power and Authority and submitt 
to it the People that dwell there, to bring them and cause 
Them to be instructed in the knowledge of the true God 
and light of the Christian Relligion and Faith, and command 
there upon the sea as well as upon the Land, to order and 
put in execution all that he knoweth that can and ought to 
be done for the maintaining and keeping the said places 
under our Authority and Power, with power to appoint and 
settle all Officers both Civil & Military for the first time, 
and afterwards name Them to us and present Them for our 
confirmation and to give Them our Letters to that neces- 
sary : and according to the occurrences of aflairs with the 
advice & concill of the wisest and ablest persons make laws 
statutes and ordinances conform to ours as much as it is 
possible, make peace, alliance & confederacy with the said 
People Their Princes & others having power & command- 
ment over Them, to make open war against Them, to 
establish and maintain our Authority and the freedom of 
trade and conunerce between our Sublets and Them and in 
other cases as he will think fit, to grant our said Subiects 
who may live and trade in the said Country et to the 
Natives thereof privileges places & dignitys according [to] 
the qualitys & merits of Persons, all under our good pleas- 
ure. We do will that the said d'Aunay Charnizay may and 

' A word formerly used to denote New England as well as more southern 
colonies. 



TKKUITOKIAL MISTUKV OF MAINE. 263 

We (x'wc him power to keep and apjjropriatc to liiiiiself 
what he will think most convenient & i)roper to his Set- 
tlement and use of the said Countrys and places, and to 
distribute such parts thereof as he pleaseth both to our said 
Sublets that will settle there, and to the Natives, and to 
grant them such titles, honours, rights powers & facultys 
as he will think fit, according [to] the qualitys, merits & 
services of Persons ; to cause the mines of gold silver, 
copper & other metals and minerals to be carefully Sought 
after and to put them in use as it is prescrii)ed ])y our 
declarations. We reserve only the tenth [)art to our selves 
of the })r()tit arising of the gold silver & copper ories and 
leave to him what might belong to us as to the other metals 
& minerals to help him to l)ear the other expences of his 
Gouvernement. We do grant to the said Lord d'Aunay 
Charnizay leave to build Towns, Forts harbours & other 
places that he thinketh to be usefuU for ye above mentioned 
purposes, and there to Set such OflScers & garrisons as need 
shall be, and generaly to do for the settlement habitation 
& conservation ot the said Countrys, Lands & Caosts of 
I'Acadie from the said River S. Lawrens as far as the Vir- 
gines, their appartenances & dependences under our name 
& authority all that we could do our selves if we were there 
in person, giving him to that end all power & authority & 
special commission by these presents. Et for as much that 
the only way that he hath hitherto had & hath now and 
may have for the time to come, to bear part of the great 
charges that he hath been and is still at the said Lord 
d'Aunay Charnizay, for the keeping both of the said four 
Forts and garrisons there, and the Colony that is forming 
there and the Friars and Seminary abovesaid, all which 
things are maintained and do sul)sist at his own charge & 
cost, no body else having contril)uted to it any thing, is the 
trade and trafSck of furs with the said Savages, without 



264 DOCUMENTS RELATING TO THE 

which he could not maintain himself and would be fain' to 
leave and abandon all to the preiudice of God's honor and 
our Crown's and the Savat^es's souls who have already 
embraced Christianity, We have graciously given and 
gra\_n'\ted to the said Lord d'Aunay Charnizay exclusively 
of all Others and by these presents do give and grant in 
confii'ming his actual possession of the same the privilege 
power & faculty to trafick & trade in furs with the said 
Savages throughout the said Country of main Land and 
caost of I'Acadie from the River Saint Lawrens to the Sea, 
and as far as the said Countris & Caost may be extended to 
the Virginias, to possess it as well as the lands, gold silver 
& copper mines and other metals & minerals, and all other 
things above mentioned himself, his heirs & assigns and 
make homage of them to us either in person or by an 
Atorney considering the distance of the places and the dan- 
ger by reason of his absence ; to cause the said trade of furs 
to be menaged by Those he will appoint, and give power to 
do it. We do expresly forbid all merchants masters & 
Captains of ships and others our Sublets and the Natives 
of the said Country of whatsoever condition & quality They 
be to trade in the said furrs with the said jndians without 
his special leave and permission on pain of disobedience and 
entire confiscation of Their vessels, victuals arms, munitions 
and goods for the said Lord d'Aunay Charnizay and thirty 
thousand livers [livres] of fine. We do permit the Lord 
d'Aunay Charnizay to hinder Them by all means, to stop 
the Offenders, Their Vessels arms and victuals, in order to 
deliver them into the hand of justice, to be proceeded 
against the persons and goods of the said Offenders And in 
order that our intention and will be known and no body 
may plead ignorance, we command all our justices and offi- 
cers every one in his place that at the request of the said 
Lord d'Aunay Charnizay They shall cause these presents to 



TERRITORIAL HISTORY OF MAINE. 265 

be read published et registered, and what is contained in 
them to be kept and observed pounctually, causing to be 
post*''' up the contents Thereof in the seaports havens and 
other places of our Kingdom Lands & Countrys of our 
Dominions where need shall be, willing that credit be given 
to the coppys well collated by one of our beloved & faith- 
full Councellors & Secretarys or Notary Royall required to 
do it as to the present original. For such is our pleasure, 
jn witness whereof we have caused our seal to be set to 
these presents. Given at Paris in the month of February 
in the year of grace thousand six hundred forty seven, and 
the fourth of our reijrn 

Signed 

Lewis 
& lower By the King the Queen Regent his Mother being 
present De Lomenie. 



LVIL 

SOCIAL COMPACT TO SECURE INDEPENDENT 

GOVERNMENT, BY WELLS, GORGEANA 

AND PISCATAQUA. 

July, 1649. 

Soiu'ces. 

The " Social Compact" of Wells, Gorgeana and Piscata- 
qua, in 1649, was a voluntary association to secure inde- 
pendent government. Altliough in 1646 the name of the 
Piscataqua plantation had l)een changed to " Kittery," the 
earlier designation was retained in the compact. 

The document is preserved in manuscript among the 
ancient records of the Province of Maine, and was tirst 
published by the Massachusetts Historical Society, " Col- 
lections" (1792), 1st Series, L, 103. An abstract is in 



266 DOCUMENTS RELATING TO THE 

William D. Williamson, " History of the State of Maine " 
(Hallowell, 1832), I., 326. 

The reprint here o^iven is from the text of the Massachu- 
setts Historical Society, which is the best text available. 

Text. 

Whereas, the inhabitants of Piscataqua Gorgiana and 
Wells in the Province of Mayn, have here begun to ppogat 
and populict these parts of the country did formerly by 
power derivative from Sir Ferdinando Gorges Knight, 
exersise — the regulating the affairs of the country as ny 
as we could according to the laws of England, and such 
other ordinances as was thought meet and requisit for the 
better regulatino^ thereof. Now forasmuch as Sir Ferdi- 
nando Gorges is dead, the country by their generall letter 
sent to his heirs in June 1647 and 48. But by the sad 
distractions in England noe returne is yet come to hand. 
And command from the Parlaraent, not to meddle insoe- 
much as was granted to Mr. Rigley. Most of the commis- 
sioners being dep'ted the Province. The inhabitants are 
for present in sume distraction about the regulating the 
affairs of these sites ; For the better ordering whereof till 
further order power and authoryty shall come out of Eng- 
land ; the inhabitants with one free and universanimus 
consent due bynd themselves in a boddy pollitick a combi- 
nation to see these parts of the country and Province 
regulated according to such laws as formerly have been 
exercised and such others as shall be thovght meet, not 
repugnant to the fundamental lnws of our native country. 

And to make choyse of such Governor or Governes and 
Majistrates as by most voysses they shall think meet. 
Dated in Gorgiana alias Accoms. the day of Julie 

1649. The priviledge of Accoms. Charter excepted, 
(copied literatim) 



TERRITORIAL HISTORY OF MAINE. 267 



LVIII. 

PETITION TO PARLIAMENT, BY THE GENERAL 
COURT OF THE PROVINCE OF MAINE. 

December 5/1'), 1651. 

Sourcen. 

The petition to Parliament from tlic General Court of the 
Province of Maine, Deceml)er 5/15, 1651, for protection 
under the commonwealth, was not granted. It occasioned 
so much uneasiness in Massachusetts, however, that it led 
the colony to " a perusal " of its charter in order to discover 
some grounds by which the authority it wished to exercise 
might be established by legal right. For that reason the 
petition is of importance in the documentary history of 
Maine. It also marks the beginning of the active struggle 
between the Episcopalian party in the Province of Maine 
and the Puritans of Massachusetts. 

The petition was first ))riiited from the manuscript records 
at York, by James Sullivan, " History of the District of 
Maine" (Boston, 1795), 822, 323 ; later by Charles Edward 
Banks, "Edward Godfrey, his Life, Letters, and Public 
Services, 1584-1664," Maine Historical Society, " Collec- 
tions," IX., 338, 339. 

The text adopted for this re[)rint is that ot Banks. 

Text. 
To THE Right Honourable the Counsell of State 

APPOINTED BY PARLIAMENT : 

The Humble Remonstrance and Petition of the General 
Court assembled in and for the Province of Mayne in New 
England 5 December 1651. Whereas the Parliament have 
declared by an Act of the 3* of October 1650, that the 
Islands and other places in America where any English are 
planted are and ought to be subject to and dependent upon 
England and hath ever since the Planting thereof been aud 



268 DOCUMENTS RELATING TO THE 

ought to be subject to such Laws Orders and Regulations 
as are and shall be made by the Parliament of England and 
for as much as we take our selves to be members of that 
grand Body thinking it the greatest Honour and safety so 
to be: freely and willingly subjecting ourselves unto the 
present Government as it is now established without a King 
or House of Lords, and therefore we beg the Benefit of the 
Common Safety and Protection of our Nation and humbly 
crave Leave to present unto your Honours our Remon- 
strance and Petition as followeth : 

Humbly sheweth that whereas divers of the Inhabitants 
of this Province by Virtue of sundry Patents and otherwise 
have this Twenty Years engaged our Lives Estates and 
Industry here and regulated under the Power and Commis- 
sion of Sir Ferdinando Gorges who had these Parts assigned 
him for a Province, now he being dead and his Son by his 
great Losse here sustained hath taken no order for our 
Regement and the most of the Commissioners dead and 
departed this Province we were forced and necessitated to 
joyne our selves together by way of combination to govern 
and rule according to the Lawes of England. Our humble 
Request unto your Honours therefore is to confirm our said 
Power and Authority for our better Regement by Power 
from yourselves that you would be pleased to declare us 
Members of the Common Wealth of England and that we 
and our Posterities may enjoy our Imunities and Priviledges 
as freeborn Englishmen together with the continuation of 
such other Rights as we enjoy as Planters as also equal 
share of your Favours bestowed on the Colonies in these 
Parts. 

Per me Ed: Godfrey Gov. in Behalfe of the General 
Courte. 



TERRITORIAL HISTORY OF MAINE. 269 



LXIX. 

LETTERS PATENT CONFIRMING SIR CHARLES LA 
TOUR IN ACADIA, BY LOUIS XIV. OF FRANCE. 

Februauy 25 -ifFi-i /o 
March 7' ^"Oi/^. 

Sources. 

The letters patent to Sir Charles La Tour, by Louis XIV. 
of France, Sa^rTi^' ''^S 1651/2, confirmed to him the govern- 
ment of Acadia. They are simihir in tenor to those issued 
to D'Auiney in 1(347/8, after the banishment of La Tour. 
The death of D'Aubiey in 1650 left Nova Scotia without a 
governor ; and as La Tour in the meantime had been exon- 
erated from any Protestant bias, he was adjudged a suitable 
person for the new commission. The boundaries included 
his old station at Pentagoet (Penobscot), and by his subse- 
quent marriage with Madame D'Auiney, the widow of his 
rival, his position was still further strengthened. 

The original letters patent were in the Plantation Office 
at Whitehall until the removal of the records to the present 
office in Fetter Lane. The transcript for the " Memorials 
of the English and French Commissaries Concerning the 
Limits of Nova Scotia or Acadia" (London, 1755), 1., 576- 
579, is from that source, and is the text adopted. 

Text. 

LOUIS, par la grace de Dieu, Roi de France & de 
Navarre ; a tous presens & a venir, Salut. Etant bien 
informes & assures de la louable & recommendable atlection, 
peine & diligence que notre cher & bien am^ Charles de 
Saint-Etienne, Chevalier, Sieur de la Tour, qui etoit ci- 
devant institud & ^tabli par le feu Roi de tres-heureuse 
m^moire, notre trcs-honore Seigneur & pere (que Dieu 
absolve), Gouverneur & notre Lieutenant general au pays 
& cote de I'Acadie en la Nouvelle France, & lequel, depuis 



270 DOCUMENTS RELATING TO THE 

quarante-deux ans en 9a a apporte & utilement ein|)loye 
tous ses soins, tant a la conversion des Sauvages dudit pays 
a la foi & religion chretienne, qu'a Tetablissement de notre 
autorite en toute I'etendue dudit pays ; ayant construit deux 
forts, & contribue de son possible pour I'instruction des 
enfans desdits Sauvages, &, par son courage & valeur, 
chasse les etrangers religionnaires desdits forts, desquels ils 
s' etoient empares au prejudice des droits & autorites de 
notre Couronne ; ce qu' il auroit continue de faire, s' il n' en 
eut etc empeche par Charles de Menou, Sieur d'Aulnay 
Charnisay, lequel auroit tavorise ses ennemis en des accusa- 
tions & suppositions qu' ils n' ont pu verifier, & desquelles 
ledit de Saint-Etienne a ete absous le seizieme fevrier der- 
nier : Et que davantage, il est besoin d' etablir audit pays 
des colonies Francoises, pour defricher & cultiver les terres, 
& pour la defense & conservation dudit pays, munir & 
garnir les forts de nonibre suffisant de gens de guerre, & 
autres chores a ce requieses & necessaires, oii il convient faire 
de grandes depenses ; savoir faisons que Nous, en pleine 
confiance du zele, soin, Industrie, courage, valeur, l)oune & 
sage conduite dudit de Saint-Etienne, & voulant, comme 
il est bien raisonnable, reconnoitre ses bons & fideles ser- 
vices, avons, par I' avis de la Reine Regente, notre tres- 
honoree Dame & mere, & de nos certaine science, pleine 
puissance & autorite royale, icelui Sieur de Saint-Etienne 
confirrae & confirmons de nouveau, en tant que besoin est 
ou seroit, ordonne, & etabli, ordonuons & etablissons par 
cespr^sentes, signees de notre main, Gouverneur & Lieuten- 
ant general, representant notre personne en tous les pays, 
territoires, c8tes & confins de I'Acadie, suivant & confornie- 
ment aux patentes qui, si durement lui en ont ete expediees, 
pour y etablir & faire reconnoitre, notre nom, puissance & 
autorite, y assujetir, soumettre & faire obeir les peuples qui 
y habitent, & les faire instruire en la connoissance du vrai 



TEIiKlTOKIAL HISTORY OF MAINE. 271 

Dieu & a la liimiere de la tbi & reliirion chretienne, & y 
coinniander, tant par iiier que par terre, ordonner & faire 
execiitei" tout ce qu' il coniKutre se devoir & ])ouvoir faire, 
pour maintenir & ooiiscrver Icsdits lieux sous iiotre autorite 
& puissance, avec pouvoir de coniinettre & <ital)lir, & insti- 
tuer tous officlers, tant de guerre que de justice, pour la 
promir-rc tbis, &, dela en avant nous l(\s nouinier S:, presenter 
pour les pouivoir cNc Icur donncr nos lettres a ce necessaires ; 
& selon les occurences des affaires, avec I'avis & conseil des 
))lus prudens & capahles, faire & 6h\h\\v loix, statuts & 
ordonnances, le plus qu' il se pourra, conformes aux notres ; 
traiter & contracter paix, alliance & confederation avec lesdits 
peuples, ou autres ay.-mt pouvoir ou conimandenient sur eux ; 
leur faire guerre ouverte, pour ^tablir & conserver notre 
autorite, & la liberty du trafic & negoce entre nos sujets & 
eux, & autre cas qu' il jugera a propos ; jouir & octroyer a 
nos sujets qui hahiteront ou negocieront auxdits pays & aux 
originaires d' icelui, graces & privileges, et honneurs, selon 
les qualites et nierite des personnes : le tout sous notre bon 
plaisir, Voulons et entendons (pie ledit Sieur de 8aint-Etienne 
se reserve et approprie, & jouisse pleinenient & paisiblement 
de toutes les terres si lui ci-devant conc^dees, & d' icelles 
en donner & departir telle part cju' il avisera, tant a nosdits 
sujets qui s'y habitueront, qu' auxdits originaires, aiusi qu' 
il jugera bon etre, selon les qualites, nierite & services des 
personnes ; de faire soigneusement rechercher les mines 
d'or, argent, cuivre, & autres nietaux & mineraux, & de les 
faircs niettre & convertir en usage, coinine il est prescrit 
par nos ordonnances ; nous reservant du profit (jui provien- 
dra de celles d'or, argent ift; cuivre seulement, le dixieme 
dernier : & lui deiaissons & affectons ce qui nous pourroit 
appartenir dos autres nietaux & mineraux, pour lui aider a 
supporter les autres dei)enses (pie sadito charge lui apporte. 
Voulons que ledit Sieur de Saint-Etienne, privativement a 



272 DOCUMENTS RELATING TO THE 

tous autres, jouisse du privilege, pouvoir & faculty de traf- 
iquer & fuire la traits de pelleteries avec lesdits Sauvages, 
dans toute I'^teodue dudit pays de terre ferrae & c6te de 
I'Acadie, pour en jouir & de toutes les choses ci-dessus 
ddclar^es, & par ceux qu'il commettra & a qui il en voudra 
donner la charge : faisant tres-expresses inhibitions & 
defenses a tous marchands, maitres & capitaines de navires 
et autres nos sujets originaires dudit pays, de quelque etat, 
quality & condition qu' ils soient, de faire trafic et la traite 
desdites pelleteries avec lesdits Sauvages, audit pays & c8t^ 
de I'Acadie, sans son expres cong^ & permission, a peine 
de desob^issance & confiscation de leurs vaisseaux, vivres, 
armes, munitions & marchandises, au profit dudit Sieur 
Saint-Etienne, & de dix mille livres d' amende : permettons 
a icelui Sieur de Saint-Etienne de les empecher par toutes 
voies, & d' arreter les contrevenans a nosdites defenses, 
leurs navires, armes & victuailles, pour les remettre es 
mains de la justice, & etre procede contre les personnes & 
biens desdits d^sob^issans, ainsi qu' il appartiendra. Et a 
ce que cette notre intention & volont6 soit notoire, & qu' 
aucuns n'en pretendent cause d' ignorance, mandons cS; 
ordonnons a tous nos officiers & justiciers qu' il appartien- 
dra, qu'a la requete dudit de Saint-Etienne ils ayent a faire 
lire, publier, registrer ces pr^sentes, & le contenu en icelles 
faire garder & observer ponctuellement, faisant mettre & 
aflScher es ports, havres & autres lieux de notre royaume, 
pays & terres de notre ob^issance que besoin sera, un extrait 
sommaire du contenu en icelles : Voulant qu'aux copies, qui 
en seront duement coUationnees par 1 'un de nos am^s & 
feaux Conseillers & Secretaires ou Notaire royal sur ce 
requis, foi soit ajout^e comme au present original : Car tel 
est notre plaisir ; en t^moin de quoi nous avons fait mettre 
notre seel a ces pr^sentes. Donn^ a Paris, le vingt-cin- 
quieme jour de f^vrier I'an de grace mil six cens cinquante-un, 



TERRITORIAL HISTORY OF MAINE. 273 

& de notre regne le huitieme. Sign6 Louis ; & sur le 
rcpli est <*crit, Par le Roi & la Keine Regente sa More pr^- 
sente, le Tellier, avec visa, & scell^ de ciie verte en lacs de 
sole. 



LX. 

THE COUNTY OF YORKSHIRE CREATED, BY THE 
GENERAL COURT OF MASSACHUSETTS. 

November 20/30, 1652. 
Sources. 

For the circumstances which led to the creation of the 
County of Yorkshire by the General Court of Massachusetts, 
November 20/30, 1652, reference must be made to the 
" Records of the Governor and Company of the Massachu- 
setts Bay in New England." ^^^l^'l, 1652, the Court passed 
the following order about the uortli line : " Concerning the 
north lyne of this jurisdiccon, itt was this day voted, vppon 
prvsall of our charter, that the extent of the Ijne is to be 
from the northermost parte of the Riuer Merremacke and 
three miles more north, where it is to be found, be it a 
hundred miles, more or Icsse, from the sea, and thence 
vppon a streight Ijne east & west to each sea." 

In acordance with this liberal interpretation of the bound- 
aries laid down in the " colony charter," John Sherman of 
Watertown, and Jonathan Ince, a .student at Harvard 
College, were employed as "artists" "to tindc out the 
most northerly part of Merremacke Riuer." They made 
return that on the first day of August, 1652, they found the 
latitude ro(iuired to be 43° 40' 12" N., " besides those min- 
utes whicli are to be allowed for the three miles more 
north which runn into the lake [' A\'inna))uscakit ']." 

A commission was immediately issued by Governor Endi- 
cott, with full power to settle the civil government to the 
most northerly limit of the patent. In November the town 
of Kittcry acknowledged the government of Massachusetts, 
and the County of Yorkshire in western Elaine was for- 
mally created, with the same rights and privileges that 
the inhabitants south of the Piscataqua enjoyed. Subse- 
quently other settlements submitted to the authority of 

Vol. I. 19 



274 DOCUMENTS RELATING TO THE 

Massachusetts, and the name and power of Gorgeana were 
extinguished. 

The special grant of privileges to Kittery is in " Massa- 
chusetts Records," IV., part L, 124-126; "York Deeds," 
I., folios 26, 27 ; Ebenezer Hazard, " Historical Collections," 
etc. (Philadelphia, 1792), I., 573, 574; James Sullivan, 
"History of the District of Maine" (Boston, 1795), 335- 
337 ; and James Phinney Baxter, editor, " Baxter Manu- 
scripts," Maine Historical Society, "Documentary Series," 
IV., 25-28. 

The "Massachusetts Records" contain the earliest 
authentic copy, which is the text adopted. 

Text. 

The graunt to Kittery, 20"^ Nouember, 1652. 

Whereas the toune of Kittery hath acknowledged them- 
selves subject to the gouernment of the Massachusetts Bay 
in New England, as by the subscripti(m vnder theire hands, 
bearing date the 16"^ of this instant, it doth appeare, wee, 
the comissioners of the Gennerall Court of the Massachusetts 
for the setling of gouernment amongst them and the rest 
w^'^in the bounds of theire charter northerly to the full and 
just extent of theire lyne, haue thought meete and actually 
doe graunt as followeth : — 

1^'. That the whole tract of land beyond the Riuer of 
Piscataq, northerly, together with the Isle of Shoales, w^'^in 
our sajd bounds, is and shallbe henceforth a county, or 
shire, called by the name of Yorkshire. 

2. That the people inhabiting there shall enjoy protec- 
con aequall acts of favor, & justice w"' the rest of the people 
inhabitting on the south side of the Riuer Piscataqe, w^^n 
the Ijmitts of our whole jurisdiccon. 

3. That Kittery shallbe and remajne a touneship, & 
haue and enjoy the priviledges of a toune, as others of the 
jurisdiccon haue and doe enjoy. 

4. That they shall enjoy the same bounds that are cleere 
betweene toune and toune, as hath binn formerly graunted 



TEKUITOltlAL HISTORY OF MAINE. 275 

when comissioneis of each l^ordei'ing toune hath vejwed and 
retourned to va or to the Gennenill Court theire survey. 

5. That both each toune and euery inhabitant shall haue 
and enjoy all theire just proprieties, titles, and interests in 
the howses and lands which they doe possesse, whither by 
graunt of the toune, or of the Indeans, or of the former 
Gennerall Courts. 

6. That the town of Kittery, by theire freeman, shall 
send one deputy yearely to the Court of Election, and that 
it shallbe in theire libertje to send to each Court two depu- 
tjes, if they thinke good. 

7. That all the present inhabitants of Kittery shall be 
fi'eemen of the countrje, and, having taken the oath of 
freemen, shall have libertje to give theire votes for the 
election of the Gouerno'', Assistants, and other gennerall 
oflficers of the countrje. 

8. That this county of Yorke shall haue County Courts 
w^'^in themselves, in the most coiHodious and fitt places, as 
authoritje shall see nieete to appointe. 

9. That euery touneshipp shall haue three men, ap- 
prooved by the County Court, to end smale cawses, as 
other the touneshipps in the jurisdiccon hath, where no 
magistrate or coiTiissioncr resideth. 

10. That the shire shall or may haue three associates to 
asist such coiTiissioners as the present coiTiissioners or 
authoritje of the Massachusetts shall send, and such magis- 
trates as shall voluntarilly come vnto them from tjme to 
tjme. 

11. That the inhabitants of the county of Yorkshire 
shall not be draune to any ordjnary gennerall traynings out 
of theire oune county w'^'out theire consent. 

12. That the inhabitants of Kitter}' shall also haue & 
enjoy the same priviledges that Doner hath, vppon theire 
coming vnder this gouernment. 



276 DOCUMENTS RELATING TO THE 

13. That all such as haue or shall subscribe voluntarily, 
as the rest haue donne, before the ending this Courte, shall 
haue the priviledge of indempnitje for all acts of power 
excercised by the former gen? vntill the protest, and for 
and in respect of such criminall matters as are breaches of 
pcenall lawes w*^in the whole gouernment ; provided, that 
Abraham Cunly hath libertje to appeale in respect of his 
case wherein he was fined tenn pounds, ann° 51. 

14. Provided alwajes, that nothing in this our graunt 
shall extend to determine the infringing of any persons 
right to any land or inheeritaunce, whither by graunt, by 
patteut, or otherwise, where possession is had, but such 
titles shallbe left free to be heard and determined by due 
course of lawe. 

Provided, and it is heereby declared, that nothing in this 
graunt shall extend to restrajne any civill action, or revejw 
for former civill cawses, which reveiw shall be brought to 
any of our Courts w^''in one yeere now ensuing. And 
whereas there are certajne debts and imposts due to the 
inhabitants of Kitterje and Accomenticus, and some debts 
which are owing from them to pticular persons for publicke 
occasions, itt is therefore ordered and agreed, that M' 
Niccolas Shapleigh shall haue power forthwith to collect 
such some or soiiies of monej'^ as are due to the aforesajd 
inhabitants, and pay such debts as are justly dew from 
them, and give an accompt thereof, w*'4n one month, to the 
comissioners that shallbe then in present being ; and if it 
shall then appeare that there is not sufficyent to discharge 
the peoples engagement, it shall be suppljed by way of rate, 
according to the former custome. 

SYMON BRADSTREET, 
THO: WIGGIN, 
SAMUELL SYMONDS, 
BRJAN PENDLETON. 



TEKKITOIilAL HISTOKY OF MAINE. 277 



LXI. 

PETITION FOR ENLARGED PRIVILEGES ON THE 

KENNEBEC, BY EDWARD WIN8L0W 

OF NEW PLYMOUTH. 

March 8/18, 1652/3. 
Sources. 

For the petition of Edward Winslow, in behalf of New 
Plymouth, for enlaro;ed privilei^es on the Kennebec River, 
March 8/18, 1652/3, the only records are found in the 
"Interregnum Entry Book" (now in the Public Record 
Office, London), XCIV., 425, 426. Abstracts arc printed 
by George Folsom, "A Catalogue of Original Documents 
in the English Archives, Relating to the Early History of 
the State o( Maine " (New York,l858). 

The text adopted is that of the abstracts from the public 
records, by W. Noel Sainsbury, editor, " Calendar of State 
Papers," Colonial Series, 1574-1660, pages 376, 378, 401. 

Text. 

Order of the Council of State. For their report to be 
presented to Parliament upon petition of Edward Winslow, 
on behalf of William Bradford, governor of New Plymouth, 
in New England, and his associates, wherein he sets forth 
that for many years the plantation has had a grant for a 
trading place in the river Kennebec, but not having the 
whole of the river under their grant and government, many 
excesses and wickednesses have been committed, and the 
benefit of the trade for furs, one of the greatest supports 
of their plantation, has been taken from the inhabitants of 
New Plymouth, and prays for a grant of the whole river of 
Kennebec ; recommending the desire of the petitioner to be 
granted, with a saving in the grant of the rights of any of 



278 DOCUMENTS RELATING TO THE 

the people of the Commonwealth, the grant to pass under 
the Great Seal, if Parliament think fit. . . . 

May" ^9- Order of the Council of State. Referring the 
desire [of Edward Winslow] to have a patent for Kennebec 
river, in New England, sealed with the seal of the Council, 
to the Committee for Foreign Affairs, for their report upon 
what has been done in cases of the like nature. . . . 

March 16/26. Minutes [of a Committee for Foreign 
Affairs] . To report to the Council of State the opinion of 
this Committee, that the government of the whole river of 
Kennebec in America be granted to the town of New 
Plymouth, in New England, for seven years, by way of 
probation. . . . 



LXII. 

EXTRACTS FROM THE TREATY OF WESTMINSTER, 
BETWEEN OLIVER CROMWELL, LORD PROTEC- 
TOR OF ENGLAND, AND LOUIS XIV. OF FRANCE. 

November 3/13, 1655. 
Sources. 

By the treaty of peace between Louis XIV. of France 
and Oliver Cromwell, lord protector of England, made at 
Westminster, November 3/13, 1655, the English were vir- 
tually left in possession of Acadia. Although the treaty 
provided for commissioners to settle terms, including those 
as to " the right of either to the three forts of Pentacost 
[Pentagoet?] St. John, and Port Royal in America," these 
questions were not determined until the treaty of Breda. 

The earliest text of this treaty is in Frederic Leonard, 
"Recueil de Traites de Paix " (Paris, 1693). A Latin 
translation is in Jean Dumont, "Corps Universel Diplo- 
matique du Droit des Gens" (Amsterdam, 1728), VI., 
Part ii., 121-124; this is reprinted in " Mdmoires des 
Commissaires du Roi et de ceux de sa Majesty Britannique, 



TERRITORIAL HISTORY OF MAINE. 279 

sur les Possessions & les Droits respectifs des deux Cou- 
ronnes en AnK^rique " (Paris, II., 1755), 10-31. An English 
translation is in Charles Jenkinson, "A Collection of All 
the Treaties of Peace, Alliance, and Commerce, between 
Great-Britain and Other Powers," from 1648 to 1783 (Lon- 
don, 1785), I., 81-85. It is also entire (in English) in 
"A General Collection of Treatys of Peace and Commerce, 
Renunciations, Manifestos, and Other Publick Papers, from 
the Year 1642, to the P^nd of the Reign of Queen Anne " 
(London, 1732), III., 149-160. 

The text of Jenkinson is adopted for this reprint. 

Text. 

I. That from this time there be a tirm peace between 
the Republic and France, and that the subjects of both 
nations be at liberty to travel through the dominions of each 
other, and that the judges and officers do take care that 
they be rather favoured every where, and all manner of jus- 
tice be done them. 

II. Neither party shall directly or indirectly assist such 
as are now, or shall be hereafter declared rebels, enemies, 
or adherents against the other. 

III. All manner of hostilities shall cease, and whatsover 
shall be taken after fourteen days next ensuing the publica- 
tion of this treaty, shall be restored within three months 
after the parties interested shall demand the same, but if 
legal satisfaction be refused, cither party may issue letters 
of marque and reprisal, to attect only the particular delin- 
quents, not the cftects of the subjects ot either unconcerned. 

XXIV. Whereas since the year 1640 niany prizes have 
been taken on both sides, commissioners shall be appointed 
to settle the same at London, and if they do not determine 
in six months and a fortnight, the city of Hamburg shall 
be desired to delegate commissioners, whose arbitration 
shall be tinal, and their award made within four mounths ; 



280 DOCUMENTS RELATING TO THE 

but if neither shall make an award, no force shall be used 
on either side until after the expiration of four months more. 

XXV. The right of either to the three forts of Pen- 
tacost, St. John, and Port Royal in America, shall be 
determined by the same commissioners. 

XXVI. In case of a war breaking out, the merchants 
shall have six months time to remove their effects. 

XXVII. Contraveners of this treaty shall be obliged to 
make satisfaction, and refusing so to do, shall be deemed 
enemies to both parties, and punished accordingly, but the 
same shall not affect the league in any sense. 

XXVIII. This league shall be ratified within a fortnight, 
and immediately after published and proclaimed, and it is 
agreed, that the Lords the States General shall be included 
herein. 



LXIII. 

EXTRA.CT FROM THE GRANT OF ACADIA, BY 
OLIVER CROMWELL. 

August 9/19, 1656. 

Sources. 

The grant by Oliver Cromwell, lord protector of Eng- 
land, to Sir Charles La Tour, Sir Thomas Temple and 
William Crown, August 9/19, 1656, was made under the 
condition that La Tour should show right by purchase from 
Sir William Alexander. The grant by Cromwell was a 
recognition both oi the conveyance by Alexander in 1630, 
and of the title of " baronet of Scotland," conferred on La 
Tour. Notwithstanding the fact that La Tour, who had 
held a commission from Louis XIV. of France, had been 
defeated in 1654 by Major Sedgwick, his religious con- 
victions were sufficiently elastic for him to become a good 
Protestant again under the lord protector. 



TEKRITOKIAL HISTOUY OF MAINE. 281 

Althouii'h Cromwell defines the river St. Geor<J^e.s as the 
western liniit, yet, after the cession to France " with unde- 
fined limits," by the treaty of Breda, a controversy beo^an 
which continued for nearly a century. 

The <rrant, in French, is in the D^pot de la Marine in 
Paris, from which source it was printed in Ebenezcr Hazard, 
"Historical Collections," etc. (Philadelphia, J792), I., 
616-619, and in " Mdmoires des Commissaires du Roi et de 
ceux de sa Majesty Bi'ittaniqiie, sur les Possessions & les 
Droits respectifs des deux Couronnes en Am(irique " (Paris, 
1755), II., 511-516. An abstract, in connection with 
other documents showing the title of England to Acadia, is 
in W. Noel Sainsbury, editor, " Calendar of State Papers," 
Colonial Series, 1574-1660, jiage 447. Extracts are in 
Thomas C. Haliburton, "An Historical and Statistical 
Account of Nova Scotia" (Halifax, 1829), I., 64; William 
D. Williamson, "History of the State of Maine" (Hallo- 
well, 1832), I., 362; and Joseph W. Porter, editor, 
" Bangor Historical Magazine" (1889), IV., 161. 

That portion of the grant which contains reference to the 
boundaries is taken from a translation " by the best French 
scholars," in the " Bangor Historical Magazine." 



Text. 

The country and territory called Acadia and part of Nova 
Scotia, from Melliguesche, (now Lunenburg) on the coast 
to Port and Cape La Heve, following the shores of the sea 
to Cape Sable, and from there to a certain Port called La 
Tour, and at present called Port L'Esmeron, and from 
there following the shores and islands to Cape Fourchere, 
and from thence to Cape and river Saint Mary, following 
the shores of the sea to Port Royal; (now Annapolis,) 
and from thence following the shores to the innermost 
point of the Bay, (now Bay of Fundy) and from thence 
following the said Bay to Fort Saint John, and from thence 
following all the shore to Pentagoet and river Saint George 
in Mescorus (Muscongus,) situated on the confines of New 
England on the west and inland all along, the said shores 



282 DOCUMENTS RELATING TO THE 

one hundred leagues in depth, and farther to the first hab- 
itation made by the Flemings or French, or by the English 
of New England ; and the space of thirteen leagues into 
the sea, the length of the said shores aforesaid, etc. 

At Westminister, Aug. 9, 1656. 



LXIV. 

COMMISSION TO COLONEL TEMPLE, BY OLIVER 
CROMWELL. 

September 17/27, 1656. 

/Sources. 

The commission by Oliver Cromwell, lord protector of 
England, to Colonel Thomas Temple, as governor of Nova 
Scotia, September 17/27, 1656, also gives the St. Georges 
as the western limit of territory under his command. The 
language of the commission conforms closely to that of the 
grant of August 9/19 of the same year. By reference to 
W. Noel Sainsbury, editor, " Calendar of State Papers," 
Colonial Series, 1574-1660, page 453, it appears that La 
Tour gave up all right and title to Acadia, September 20/30, 
only a few days subsequent to the date of the commission. 
In "Suffolk Deeds, III., 108-112, there is recorded a 
"Division of the Patent" between Temple and Crowne, 
made September 12/22, 1657, and contirmed February 
15/25, 1657/8. From that time "honest Tom Temple" 
was both governor and proprietor ot Nova Scotia until the 
Restoration. 

The commission was entered at Boston, July 6/16, 1657, 
from the original document, in order that an English regis- 
try might give stronger validity to the title. It is in 
" Suffolk Deeds," III., 22-26, which is the only text noted. 

Text. 
Oliuer P. 

Oliuer Lord Protecto"" of the Commonwealth of England 
Scotland and Ireland and the Dominions thereto belonging 



TERRITORIAL HISTORY OF MAINE. 283 

To all to whom these, [/esen^. shall Come. Greeting Know, 
yee. that wee reposing especiall. trust and. Confidence in 
the wisedome prudence loyalty and abillity of ou"^ trusty 
and welheloued Coloncll Thomas Temple, of ou' especiall 
Grace certajne knowledge and meere. mocon. Haue by and 
w'** the Advice and Consent of ou"^ Councell Graunted and 
Comitted And by these p''esents. Doe for vs. and ou"" suc- 
cesso""" Graunt and Comitt vnto him the sajd Thomas Temple 
the Care charge Custody and Gouernmen' of all and singu- 
lar the Countrjes Lands Islands fForts. and territoryes in 
America, heerin after menconed bounded and Lymitted 
that is to say the Countrjes and territorjes called Lacadye 
otherwise Accadja and part of the Countrey . called Noua. 
Scotia from Mereliquish on the F^ast to the Port, and Cape 
of La Stere leading along the Coast to Cape Sable from 
thence do a Por' now Called La Tour heretofore L^ 
meray & from thence following the Coast and Island to the 
Cloven Cape and thence to the Cape and Riuer of Ingogen 
following the Coast to Port Royall and thence following the 
Coas* to the bottome of the bay. and thence along the baye' 
to S* Johns tforts and thence all along the Coast, to. Ponta- 
cost and the Riuer of S' George to Muscontus. Scittuate 
vpon the Confines of New England on the west and extend- 
ing from the Sea Coast vp in the land all along in the 
ly mitts and bounds aforesajd one hundred leagues and 
thirty leagues into the Sea all along the Coasts, afores"^ And 
of all and singular the Territoryes. Lands. Islands. Seas 
Riuors. Lakes fforts and ffortresses. whatsoeuer. w"'in the 
Boundarycs and Lymitts Aforesajd And the Jurisdiccon of 
ou"" Admiralltje and all other Jurisdiccons Rights, fran- 
chises, and libertjes wha*soeuer w"'in the bounds, and Ijmitts 
afforesajd And to the end he the sajd Thomas Temple may 
be the better Incouraged Awthorized and enabled to vnder- 
take and mannage the Trust heere by in him reposed in 



284 DOCUMENTS RELATING TO THE 

such manner tha' the Gospell and true Religion of christ 
maybe propagated amongt the heathen and Savage people 
there, the honor of vs and good of this Comonvvealth 
Advanced, Trade promoted, and the natjves. and Inhab- 
itants in those parts reduced and brought vnder"" ou'" 
Gouerment and protection and kept, in theire due oV)edjence 
to vs and this Comon wealth Wee haue made ordajned con- 
stituted Assigned and Appointed And by theise presents 
Do make Ordeyne Constitute Assigne and Appoint him the 
sajd Thomas Temple to be ou*" Leiftennant of and in the 
Aforesajd Countrjes Lands Islands fforts Territo'jes and 
limitts aforesajd, And Doe Giue and Graunt vnto him full, 
powe'' and Authoritje in our name and as ou'' Leftennan* to 
Rule Gouerne and orde' all and singular the Inhabitan*^ 
there as well the naturall borne people of this Comon 
Wealth as the natives and Savages and all othe""* that shall 
happen to be or abide there according to the lawes of 
England, and such other good wholesome and Reasonable 
orde""^ Articles and Ordinances as shall be most requisite 
and needefuU : And all such as shall be found Disobedient 
in the p''misses. to chastise correct and punish according to 
theire faults and demeritts and the lawes. Orde""' Articles, 
and ordinances afcn-esajd And also w"' force and strong 
hand to fight with kill, slay, suppresse. Subdue, and Annoy 
all such as in hostile manner shall Attempt or goe abou* to 
encounter the sajd Thomas Temple ; or his Company or our 
forces there, or to possesse and Invade the Countrje forts 
Territoryes and Seas Aforesajd or any of them, or in any 
wise to Impeach ou'' possession thereof; or ou'' Right and 
Title thereto, or to hurt or Annoy, him the sajd Thomas 
Temple or his Company ; or any the people there, being ; 
or tha*' heere after shall be setled or placed in the sajd forts 
Country' and Territory^ or any othe"" that shall Goe or 
transport themselves thither or, any part thereof vude" ou^ 
protection ; streightly charging and Commanding all manner 



TERRITORIAL HISTORY OF MAINE. 285 

of persons, w'^*' now nro ; or heereafter sliall be Abiding in 
the sajd Countrjes Islands or Territorjes, or any of them ; 
that they be obedient Ayding and Asisting, to the sajd 
Thomas Temple in all things as to ou"" Leittennan' And /fur- 
ther Wee Doe by theise p'"sen*'' Give and Graun' vnto him 
the sajd Thomas Temple full powe^and Authoritje all persons 
as Doe or shall Inhal)it there, or shall be Implojed ynde"" 
him to trayne trade and exercise in Armes according to the 
discipljne of warre from time [to ?] tjme and at all tjmes 
when and as often as neede shall requjre or by him shall be 
thought ffitt. for the p''ese/vacon of the publicque peace 
there and Safeguard ot the Countrjes forts Territoryes and 
Seas aforesajd And also to make constitute and Appointe 
vnde*" him fitt and Convenian' office""* and ministers of Jus- 
tice as well millitary as Civill ; for the peace Safety and 
Good GoQment of ou"" sajd Countrjes Territo'jes and people 
there And for the better execution, of ou"" Se'"vice, and 
Comand in the p''misses ; and securing ou"" Interest in 
the sajd Countrjes Islands fforts Seas and Territorjes Wee 
doe by theise presents Give and Graunt. further Powe"" and 
Authoritje vnto him the sajd Thomas Temple to Errect 
build rajse and make such Cittyes. Townes Villages Castles 
Ci?dells. tforts and fortiffications there as he shall Judo-e 
necessary and Convenient. And from tjme to tjme. in case 
of eminent dainger hapening or that any person, or persons 
shall be found mutinous or Incorrigible or notorious Dis- 
turbers of the publicque peace to cawse them to be proceeded 
against and chastized and punished for theire seuerall oflences 
being Souldje''s and vude"" millitary discipline : according to 
the law martiall and not being Souldjers nor vnde"^ millitary 
discipline according to the lawes of this Comon wealth And 
moreouer Wee doe by theise p'^sen'* streightly forbid all 
and euery person, and persons of what degree, estate or 
quallitje Soeuer That they nor any of them Doe in any 
wise p'^sumc to trade or Intermedle w*"" y" natives or Savages 



286 DOCUMENTS RELATING TO THE 

w"Mn the Countrjes hinds Ishinds. Territory^ seas, and p''e- 
cincts aforesajd by way of trade or Comerce in merchan- 
dize or otherwise w^'^out the special! license and Consent of 
the sajd Thomas Temple first had and obteined ; And wee 
flfurther wnll and Doe by theise p''sen'^^ expresly forbid the 
sajd Thomas Temple that he Doe no' in any wise give 
license to any Person or Persons so to trade as aforesajd 
w^ho are no' or shall no' be in Amity w"^ vs and this Comon 
Wealth And moreouer If any person or persons, shall trade 
or goe abou' to trade w"Mn any the bayes Riuers Lakes Seas 
or Coasts of the sajd Countrjes or Territorjes w'^'out the 
Ijcense and Consen? of the sajd Thomas Temple as aforesajd 
Then wee doe heereby. Give full powe'" and Authoritje vnto 
him the sajd Thomas Temple, and any the officers and 
Souldjers as he shall Imploy vnde"" him the Shipp^ Barcques. 
boates and other Vessells goods and merchandizes of any 
pe'"son or persons, there being and so trading or going about 
to trade w"^ the Natives and Savages, aforesajd or any of 
them contrary to this ou'' CoiSand the sajd persons having 
first Due notice of the same our Comand to seize and take 
as forfeite and Confiscate and the same to deteyne and 
keepe and Conve'"t to the bennefitt of the for'^ fi"ortifficacons 
souldiery and other publicque vses there vv"'out any Accomp* 
to be Rendered to vs. or ou"" Successo" and w"'ou? any 
trouble or question for the same by way of Accon or other- 
wise in New England or elswhere And fi'urthe'" wee will and 
by theise p''sen'^ Graunt for vs and ou"" successo" that m case 
of any opposicon or Resistance in the premisses by any 
person or persons in hostile or other manner then and so 
often as It shall so happen It shall and may be lawfull to 
and for the sajd Thomas Temple and the office'"^ and Souldje''s 
marriners and seamen as shall be Imployed. vnde'' him to 
fight w'^ kill and slay, the persons so opposing or resisting 
and to seize, take sincke or burne theire shipps. Barcqes 
boates or Vessells so tradeino: or Goingf about to Trade w"" 



TERKITOKIAL HISTORY OF MAINE. 287 

the natives and Savages aforesajd \v"'in the Countrjes Seas 
and Tenitorjes atoresajd or any of them \v"'out such licence 
and Consent as aforesajd And wee doe by theise p'esen^ for 
vs and ou"^ Successo" give and Graiui^ vnto the sajd Thomas 
Temple ffull povve"" and Authoritje in Case of sicknes. 
absence or other emergent cause from time to time to make 
and Ordeyue by writting Vnder his hand and scale any titt 
and discreete person his Deputy Leftennant or Gouerno'' 
vnder him And wee heereby also Authorize and Impowe"" 
the sajd Thomas Temple to doe and execute all and euery 
such further Lawfull Act and Ac^' thing and things as shall 
or may tend or conduce to the setling and establishing of 
ou"" Gouernmen' in those parts and the Inhabitan*^ and peo- 
ple thereof in peace and quietncs, and for Advancing of 
trade and Comerce there & as shall be found most fitt and 
necessary and beneticiall for the Honor of vs. and theise 
nations, and the Good and welfare of ou'^ people Given 
vnde"^ ou"^ Signett at ou"" Palace of Westminster the seven- 
teen'*' day of Septembe"" In the yeare of ou"" Lord one 
thousand Sixe hundred fifty Sixe And Sealed vv"* His High- 
ness Signett. 

Was Endorsed This Copie Conteyning one hundred 

twenty and one lynes. written on three sheetes of paper 
each, sheete being written but on one side and Anexed 
together at the Top w"' a scale Doth Verbatim Agree w*** y® 
originall Comission w*='* I Doe testify 

Johannes Emans No' Pub*="' 
1657 
6 July 1657. 

Entred & Recorded in the book of Records for y^ County 
of Suffolke in New England at the request of Capt Thomas 
Breedon & Agreeth Ve"^batim w"' the originall Copie aboue 
Attested as Attests 

Edward Rawson Recorde'" 



288 DOCUMENTS RELATING TO THE 



LXV. 

JURISDICTION OF MASSACHUSETTS EXTENDED OVER 

LYGONIA, BY THE GENERAL COURT 

OF MASSACHUSETTS. 

October 19/29, 1658. 

Sources. 

The year following the submission of Kittery to the 
authority of Massachusetts, Mr. Jonas Clarke and Mr. 
Samuel Andrews, " both well skild in the mathematticks, 
having had the comand of shipps vppon seuerall vojages," 
were appointed to take observations in order to determine 
the northerly bounds of the patent at the sea coast. Octo- 
ber 13/23, 1653, they found the required latitude, 43°, 43', 
12", to cross " a greyish rocke at a high water marke, cleft 
in the midle . . . the Ijne doth runne ouer the northermost 
pointe of an iland . . . called the Vpper Clapboard Hand, 
about a quarter of a mile from the majne in Casco Bay, 
about fower or five miles to the northward of M"" Macworth's 
house." 

The inhabitants of the settlements within the extended 
lines resisted for some time the efforts of Massachusetts to 
bring them under authority, but ultimately Black Point, 
Blue Point, Spurwink and Casco Bay (afterwards Fal- 
mouth), within the precincts of Lygonia, yielded submission. 
October 19/29, 1658, the General Court published an order 
which enlarged the privileges of the county of Yorkshire by 
providing for a county court at either Saco or Scarborough 
as well as at York. The jurisdiction which Massachusetts 
thus assumed over the ancient Province of Maine was con- 
tinued, except for the short time when the royal commissions 
established provincial government in 1665, until the final 
separation in 1820. 

The order of the General Court is in " Massachusetts 
Records," IV., part i., 360-362 ; "York Deeds," I., folios 
78, 79; and Maine Historical Society, "Collections,"!., 



TEKKITORIAL HI8TOKY OF MAINE. 289 

292-294, whore it was Hnst puhlished hv William Willis 
from tho York records. 

The text adopted is that of the " iMassachusetts Records," 
which is ail uutheutic source. 

Text. 

Whereas the county ot Yorkeshire is large & very remote 
from Boston, the place where the Generall Courts & councill 
of this comonwealth of the Massachusetts doe vsually 
assemble, whereby it is more difficult to ohtayne the pres- 
ence & helpe of any of the asistants of the gouernment, as 
occasion from tjme to tjmc doth require, wee, therefore, the 
comissioners of the Generall Court, considering the neces- 
sitje of a constant supply till the Generall take further 
order therein, do graunt & order as followeth : — 

1. That, with the consent of the inhabitants of the 
aforesajd tounes of Scarborow and Falmouth, wee doe con- 
stitute & appointe the right trusty Henry Jocelyn, Escj, M'^ 
Robert Jordan, M"" George Cleaue, M"" Henry Watts, & W 
Frauncis Neale coiTiissioners for the yeare ensuing, invested 
w**" full power, or any three of them, for the trjall of all 
cawses (w"'out a jury) w"'in the libertjes of Scarborough 
& Falmouth not exceeding the value of titfty pounds, & 
euery one of the sajd coruissioners haue graunted them 
magistraticall power to heare and determine smale causes as 
other magistrates and asistants haue, whither they be of a 
civil or criminall nature : any of the sajd comissioners may 
graunt warrants, soiTions, & executions, if neede re(iuire, & 
haue power to examine oflendors, & comitt t(> prison, except 
bayle be tendered, according to lawe ; also, any three of 
the sajd comissioners haue power to impowre millitary offi- 
cers vnder the degree of a captaine. The sajd comissioners 
are required to enjoyne each toune to procure the booke 
of lawes ; also, any of the sajd comissioners haue power 
to minister oathes, according to lawe, and it" they judge 

Vol. I. 20 



290 DOCUMENTS RELATING TO THE 

needefull, to binde ofFendors to the peace & good behaviour, 
or to solemnize marriage, according to hiwe. Any three of 
the comissioners haue also power to receive in all such per- 
sons living w"'in our Ijiie as betweene this present tjme & the 
last of September shall come in by theire voluntary sub- 
scriptions : our meaning is, that they should not be barred 
from having the priviledges that theire neighbors enjoy by 
occasion of theire necessary absenc at y*' Court. 

2. That when County Courts are called, &, through 
Providence hindering, that there is none of the Asistants 
present at Yorke or elsewhere, that the sajd county shall 
still proceed, & the acts thereof shall be valid notw^^'s tan cl- 
ing, the associats of the county, or any three of them at 
least, being then present. 

3. Wee doe order, that the associats chosen for this 
county, or any three of them, shall haue full power (w^'^out 
a jury) to try any such civill actions as shall not exceed 
the value of sixty pounds. 

4. Itt is hereby ordered for the easing of charges & 
trouble in this county, beinii f^o remote from the excersise 
of authoritje in some considerable cases, that the three com- 
issioners, or more, in each toune in this county, shall haue 
full power to graunt letters of administration, to receave 
probats of wills, to order such estates as County Courts 
haue power to doe in the like cases ; provided, when any 
such acts are putt forth by the three coiiiissioners of Scar- 
borough & Falmouth, M"" Henry Jocelyn or M'' Robert 
Jordan are to be one of the three ; for Saco & Cape Poipus, 
Cap? Nicholas Shapleigh to be one; for Wells, M"" Abraham 
Preble to be one. Wee doe likewise graunt the toune com- 
issioners of Yorke and Kittery to haue the same power 
therein ; and those particcular gen'", M' Henry Joselyn, AP 
Robert Jordan, Cap? Nicholas Shapleigh, M"" Edward Rush- 
worth, or M"" Abraham Preble, or either of then], shall 



TEKRITOaiAL HISTOKV OF MAINE. 291 

haue iiingistratticuU power throughout the whole county of 
york.shirc for this ycare ensuin<r, vntill others are chosen 
& swori)e in thcire phicos ; and tlie County Courts from 
tjme to tjme haue power to graunt & renew licenses for 
ordinarys for selling of wine & strong water, & for keeping 
of houses entertainment, according to lawe. 

5. And whei'eas henceforth there will be neede of more 
associats for County Courts then formerly, wee doe giue 
power & order, that there shall be fine chosen yearely, 
whereas there weie but three before, and that they may 
keepe a County Court at Saco or Scarborough, as at Yorke, 
in the moneth of September yerely, provided that the day 
and place be agreed on vnder the hand of three of the 
associates at least, signified to the recorder of the county, 
so that he may giue due notice thereof vnto the seuerall 
tounes sixe weekes before the sajd Court at the least. 

Signed, 

SAMUELL SYMONDS, 
TOO: WIGGIX, 
EDW : RISH WORTH. 

The Court, having pvsed this retourne of the coinission- 
ers appointed to setle y" gouernment in y^ eastern parts , 
doe approove thereof, & thankefuUy accept theire pajnes & 
endeavors thei-ein, & order it shall be recorded, & the bill 
of charges, w'='^ is on file, & amounts to forty fovver pounds 
fourteene shillings & eight pence, be sattisfied by the 
Tresurer. 



292 DOCUMENTS RELATING TO THE 



LXVI. 

PATENT CONSTITUTING A COUNCIL FOR TRADE, BY 
CHARLES II. OF ENGLAND. 

November 7/17, 1660. 

Sources. 

By letters patent issued November 7/17, 1660, his 
majesty, Charles II., created a Council for Trade; Decem- 
ber 1/11 a new patent was issued with especial reference to 
foreign plantations. At a meeting of the Council for For- 
eign Plantations the following March a committee was 
appointed under royal commission to visit the colonies. 
One result of the commission was the grant of 1664 to the 
Duke of York. Commissions were reissued at different 
dates until December 21/31, 1674, when the council was 
dissolved by royal decree, and all affairs of plantations were 
referred to a committee of the Privy Council. 

Commercial interests were so important a factor in all 
relations between England and other countries as well as 
her colonies that the tirst of this series of patents is printed 
to illustrate the policy by which her ascendency was gained. 

The original patent is in the " Trade Papers, State Paper 
Office," XV., 12, now in the Public Record Office, London. 
From this source it was transcribed for Edmund Bailey 
O'Callaghan, editor, "Documents Relative to the Colonial 
History of the State of New York" (Albany, 1853), III., 
30-32, which is the text adopted. 

Text. 

Charles the Second by the Grace of God, of England 
Scotland France and Ireland King, Defender of the Faith 
&c. Whereas by the good providence of God wee and our 
kingdomes are restored to peace and settlement after the 
unhappy revolutions of many yeares, wherein the greatest 
concernment of our Crowne and of our good people have 
many wayes suffered, and whereby evills and inconveniences 



TERRITORIAL HISTORY OF MAINK, 293 

have grownc upp, especially in matters of trade manufac- 
tures and navi«^ation, in w'^'' these kingdomes have been 
famous in all ages ; Wee have taken into our princely con- 
siderac6n the ])resent state of affayres in relacon to the trade 
and cumerce of our owiie kingdomes aswell as of other 
Nations & Governments, well weighing how considerable a 
part of our Crowne and Government doth arise from forraigne 
& domestick trade, and that they are the cheifc imployment 
and maintenance of our people ; Xature by a hap[)ie scitua- 
tion and by a bountiful 1 accomodacOn of ports and other 
extraordinary assistances having easily given us many 
eminent advantages above other nations. Wee therefore 
resolve upon most mature deliberation by all wayes possible 
to restore and advance the honour and interests of our 
severall dominions and to give the utmost encouragement 
and meanes to the industrie invencon and adventure of all 
our lovinge subjectes, and to those good ends and purposes 
wee shall not only bend our earnest affections and consulta- 
tions in our owne royall person, wee havinge had many 
extraordinary opertunities to informe ourselfe in matters of 
this nature, but shall very effectually recomcnd them to our 
Privie Councell and all our Ministers of State, that in all 
treaties and leagues with forraigne Princes and allies the 
securitie and prosperitie of trade and comerce shall be ten- 
derly considered and provided for. And because every 
mistery or difficultye may bee the more easily discerned and 
encountered, and that every interest may l)ee righted, wee 
have thought fitt to erect and establish a Counsell of 
Trade consisting of the persons hereafter named, who being 
diversly quallitied and fitted thereunto, will wee doubt not 
consult and propose such things as may tend to the rectify- 
ing those errors which the corruption of late tymes have 
introduced. It is therefore our will and pleasure and 
wee doe hereby of our especiall grace certyne knowledge 



294 DOCUMENTS RELATING TO THE 

and mere motion, authorize appoint constitute and ordayne 
our right trustie and right welbeloved Councellor Edward 
Lord Hide Lord Chancellor of Enoi:land, our riijht trustie 
and right welbeloved Cousin and Councellor Thomas Earle 
of Southampton Lord Treasurer of England [and others] 
... to bee a standing Councell of Trade, to take into 
their consideracon the Trade & Navigacfin of this king^dome, 
and what manner and by what ways and meanes the same 
may be encouraged regulated & improved, and they are 
hereby authorized to receave and prosecute all such propo- 
sitions and overture for the regulacOn and benefitt of Trade 
and Navigacon as shalbe oti'ered to them by any other per- 
son or persons, and to view all such books records or other 
writings of publique use as they shall hold necessary for 
their better information and to send for any person or per- 
sons whom they shall think to bee of experience and abilitye 
or otherwise capable to bee advised with in any thing that 
tends to the prosecution of this our COmission. And wee 
hereby require all officers and ministers whatsoever or any 
other of our lovinge subjectes who shalbee desired or shall 
receave any order or other summons from the said Councell 
of Trade, soe constituted by us, to advise or otherwise 
informe or assist the sayd Councell for the better under- 
standinge and discovery of the matters comitted to their 
care, enquirie, and prudence, that every such person or 
persons doe yield a ready conformitie thereunto as they 
tender our displeasure for their disobedience unto us and 
the authoritie derived from us. And when the said Coun- 
cell shall have drawne their consultacOns and debates into 
any resolution or proposition w'^'' they shall judge to bee for 
the rc2ulac6n and advancement of trade manufactures navi- 
gac6n or any other publique good relateing thereunto, they 
may and arc hereby directed and required to p''sent and 
certific the same their opinion and advice to us for our 



TEKRITOKIAL HISTOKY OF MAINE. 295 

fu [r]ther cotisideracon and detenuinacon. And ^)ecau.se soe 
good and laudable service may the more effectually be 
carried on. Wee doe hereby authorize our said Comm" to 
nominate and appoint such a Secretary, Clarks, Messengers 
or other usetull attendants and to pay unto every such per- 
son as they the sayd Councell shall assigne thereunt(i out 
of our Exchequer by wairant from our High Treasurer for 
the time beinge, such reasonable sallaries or allowances as to 
them shall seeme meet and expedient. Provided that all 
such payments or other incident charges relateing to the 
sayd Councell or the service thereof, shall not in the whole 
exceed the summe of one thousand pounds yearely. And 
wee doe hereb}^ further require the sayd Cclmissioners to 
meet and sitt at Mercer's Hall in our Cittie of London on 
Thursday the eight day of this instant November, and wee 
doe give them power to adjourne to any other place that 
shall to them appeare to be more convenient. And wee doe 
lastly appoint and ordaine that the persons above named or 
any seaven of them shalbe a sufficient quorum to all the 
intents and purposes of this our comission and the instruc- 
c6ns therein conteyned, or w*^'' are annexed thereunto, or 
any further mstrucc6ns w^'' shall from tyme to tjnne be given 
to them by us. In Witness whereof wee have caused these 
our letters to be made patents ; Witness Our selfe att West- 
minister the seaventh day of November in the Twelveth 
yeare of our raigne. 

[1660.] P"" ipsum Regem, 

Barker. 



296 DOCUMENTS RELATING TO THE 



LXVII. 

INDENTURE FOR THE PURCHASE OF LANDS ON 

THE KENNEBEC RIVER, BY THE GENERAL 

COURT OF PLYMOUTH. 

October 27 i ppi 
November 6' -Lo'^i- 

Sources. 

The orisrinal indenture made between the " General Court 
for the Jurisdiction of Plymouth " and Antipas Boyes and 
others, Novembe/e' l^fiU i« iu the possession of the Maine 
Historical Society. The parchment is still inclosed in the 
original leaden case, which is still further protected by the 
leather cover which has so long preserved the document in 
perfect condition. An early transcript from the "Ancient 
Records of Plymouth Colony," is among the manuscripts in 
the British Museum, "New England Papers," folio 14. 

Although the deed was executed in 1661, it was not 
delivered until June 15/25, 1665, and was not recorded at 
York until '^::]!Z,^ii, 1719. It is found in "York Deeds," 
IX., folios 2'2\S-'22'^. In 1753 owners of shares in the pa- 
tent were incorporated under the name of " The Proprietors 
of the Kennebec Purchase of the Late Colony of New 
Plymouth," more familiarly known as the "Kennebec Com- 
pany." The records of the " Proprietors," which have 
been carefully indexed by Rev. P^dward Ballard, are in the 
archives of the Maine Historical Society. 

The text adopted is that printed in " York Deeds." 

Text. 

This Indenture of y® Twenty Seventh day of Octob"" Anno 
Domini One thousand Six hundred Sixty & One made be- 
tween y'^ General Court for y'' Jurisdiction of Plymouth in 
NewEngland in America in the behalfe of y*" s'^ CoUony on 
y® One p* And Antipas Boys Edw'^ Tynge Thomas Brattle 
And John Winslow of y'' Town of Boston in the County 
of Suffolk in y" Jurisdiction of y® Massachusets in New 



TEKKITOKIAL IIISTOKY OF MAINE. 297 

England Afores"* Merch^ on y"' Other part Witnesseth that 
Whereas our Late Soveraign Lord King James for y*" 
Advancem' of A Collony & phmtation in this Country Called 
or known by y" Name of New England in America l)y his 
highness letters Pattents under y" Great Seal of England 
bareing date At Westminster y'' third day of Novemb'' in y'= 
Eighteenth year of his highness reign of England &c did 
give grant & Confirm unto y*" R' Hon'''*' Lodowick L' Duke 
of Lenox George Late L** Marquess of Buckingham James 
Marquess Hambleton Thomas Earle of Arundel Robert 
Earle of AVarrwick S"^ fFerdinando Gorges Knight And 
divers others whose Names Are Expressed in y* s'' Letters 
Pattents & their Successo"" that they should l)e One body 
polotick & Corporate perpetually Consisting of forty psons 
iSc* And further Also of his Special Grace Certaine Knowl- 
edge & Meer Notion did give grant & Confirm unto y^ s*^ 
president & Council And their Successors forever und' the 
reservations Limitations & Declarations in y*" s** Letters pat- 
tents Expressed all that part & portion of y" s'^ Country 
Now Called New England in America &c" Together Also 
with all y* firm land Soyles grounds &c As by y^ s"* Letters 
Pattents doth more Largely Appear, whereupon y" s"* Coun- 
cil! by vertue & Authority of y*" s'* Late Maj^^' Letter Pat- 
tents And for & in Consideration that William Bradford 
And his Associates for this Nine years have lived in New 
England Afores"* And have there Inhabited & i)lantc(l a 
Town Called by y'' Name of New plymouth at their own 
proper Cost & Chai-ges &c And upon other Considerations 
As is more Largely Ex))i-essed in a deed under y'' s*^ Coun- 
cills Scale bareing date y" thirteenth day of Jan'^' in y"" fifth 
year of y*" reign of Our Late Soveraign Lord Charles y* 
first b}^ y^ grace of God King of England Scotland trance 
& Ireland Defender of y" faith &c" Aunoq^ Domini 1()29 
Have given granted bargained & Sold Enfeoiied Aliened 



298 DOCUMENTS RELATING TO THE 

Assigned and Set over unto y® s** W"" Bradford his heirs 
Associates & Assigns All that Tract or Tracts of Land that 
by within or between a Certaine river or rundlet there 
Comonly Called Cohasset or Conahasset towards y^ North 
& y® river Comonly Called Narraganset Towards y^ South 
as by y^ s'' Charter may more fulh^ Appear And whereas y® 
s"* Councill in Consideration that y'* s'^ W"^ Bradford & his 
Associats have no Convenient place Either of Trading or 
ffishing within their own prescints whereby after So long a 
Travell and great pains So hopefull a plantation ma}'' Sub- 
sist As Also that they may be Encouraged y** better to pro- 
ceed in So Pious a w'ork w'^'' may Especially Tend to y® 
propagation of religeon & y^ Great Increase of trade to his 
jVjjjjtys realms & Advancem* of y*" Publick plantation did 
give grant bargaine Sell Enfeoffe Allott Assigne & Set over 
unto y'' s'' W™ Bradford his heirs Associates & Assigns All 
that tract of land or part of New England in America afores*^ 
which lyeth within or between And Extendeth its Selfe from 
y® utmost Limits of Cobbaseconte Al^ Conaseconte which 
Adjoyneth to y® river of Kenebeck Al' Kenebeckick Towards 
y^ Western Ocean & a place Called y® falls At Nequamkick 
in America A fores'' And y*^ Space of fifteen English miles on 
both Sides s'^ river Coiiionly Called Kenebeck river And All 
y** s** river Called Kenebeck river that lyeth within y^ s'^ Lim- 
its & bounds Eastward Westward Northward and Southward 
& All lands grounds Soyles rivers tradeing ffishing heridttm** 
& profits whatsoever Scittuate lying & being Ariseing hap- 
pening or Accrewing or which shall happen or Accrew in or 
within y'^ s'' Limits or bounds or Either of them Together 
with free Ingress Egress & regress with their Boats Shal- 
lops & other vessells from y'' Sea Coiiaonly Called y® West- 
ern Ocean to y'' s'^ river Called Kenebeck & from y^ s** river 
to y'' s'' Western Ocean./ Hereupon y" s^ Court & Collony 
of New plyinouth by vertue & Authority of y^ s'' deed 



TEKUITOKIAL IIISTOKY OF MAINE. 299 

granted to them by y^ Council I A fores'' for & in Considera- 
tion of y** Sum of four hundred pounds Starling to us in 
hand paid by y** s'' Antipas Boyes Edw'' Tynge Thomas 
Brattle & John Winslow Wherewith we do Acknowledge 
Our Selves Satisfied Contented & fully paid & thereof & of 
Every part & parcell thereof Exonerate Acquit and dis- 
charge y" Afores'' Antipas Boyes Edw"* Tying Thomas Brat- 
tle & John Winslow them their heirs Ex" Adm'" & Assigns 
forever by these presents Have freely & Absolutely l)ar- 
gained Alienated and Sold Enfeoffed & Confirmed And by 
these p'"sents do bargaine Sell Enfeoffe & Contirm from us 
y« s'* Collony & Our heirs to them y® s'' Antipas Boyes Edw** 
Tynge Thomas Brattle & John Winslow & their heirs & 
Assigns forever All those our lands lying & being in y* 
river of Kenebeck bounded As followeth viz' All that our 
Tract of Land in America which Lyeth in or between & 
Extendeth from y'^ Utmost bounds of Cobbaseconte Al* 
Comaseconte which Adjoyneth to y*" river of Kenebeck Al* 
Kenebeckick towards y*^ Western Ocean And a place Called 
y® falls in Nequamkick in America Afores'^ And y*^ Space of 
fifteen English ^liles on both Sides y° s'' river Comonly 
Called Kenebeck river And all y*' s'' river Called Kenebeck 
river that lyeth within y** s'" Limits & bounds Eastward 
Westward Northward & Southward & Also All land grounds 
Soyles rivers Tradeing ffishing heriditam'* & profits whatso- 
ever Scittuate lying & being Ariseing hapening or Acrew- 
ing or which shall hapen or Accrew in or within y"" s'' Limits 
or bounds Together with free Ingress Egress Sc regress 
with Ships boats Shallops ov other vessells from y*^ Sea 
Coinonly Called y® Western Ocean to y^ s'' river Called 
Kenebeck & from y*' s'' river to y** s'' Western Ocean As 
Also All y" lands on both Sides y*" s'' river from Cushena 
upwards to Weserunscut bought by us of Munguin Al* 
Matahameada As Appears by a deed bareing date Aug*' y" 



300 DOCUMENTS RELATING TO THE 

Eighth One thousand Six hundred forty & Eight And Con- 
sented unto by Essemenosque Agadodemagus & Tassuck 
Chief men of y'' place & proprietors thereof To Have & To 
Hold y^ Afores'' lands lying & being in y*^ river of Kenebeck 
bounded as afores^' And Also y^ Afores^ Lands on both Sides 
ye gd YJyQy. f^.fjj^^ Cushcua upwards to Weserunscut Together 
with All y'^ grounds Soyles rivers^tradeing fishing heridit- 
am*^ & profits benefits & Priviledges thereunto belonging or 
Accrewing or which Shall hapen or Accrew in or within y^ 
s*^ Limits or bounds or Either of them to y*^ s'^ Antipas 
Boyes Edw'^ Tynge Thomas Brattle & John Winslow to 
them & their heirs & Assigns forever thes*^ premisses with 
All our s'^ lawfull right in y^' lands Abovementioned Either 
by Purchase or pattent with All & Singular y'' Appurte- 
nances priviledges And Imunitys thereunto belonging to 
Appurtaine to them y'^ s'^ Antipas Boyes Edw'^ Tynge 
Thomas Brattle & John Winslow to them & Every of them 
their & Every of their heirs & Assigns forever to be holden 
of his Maj'y his Maiior of East Greenewick in y*^ County of 
Kent in free And Comon Soccage And not in Capite Nor 
by Knights Service by y« rents & Services thereof & thereby 
due & of right Accustomed Warranting y^ Sale thereof 
Against All People whatsoever that from us or und"" us y* 
s*^ Collony of New Plymouth or by our Lawfull right & 
Title might Claime Any right & Title thereunto/ To and 
for y^ performance of v'' premisses We have hereunto 
Affixed y^- Seal of Our Governm* this Twenty Seventh of 
Octol/ One thousand Six hundred Sixty And One 

Tho Prince Governo"" 
Signed Sealed & Deliv- 
ered the ffifteentb day ry c i 
of June Anno Dom. 
1665 



TEURITOKIAL III8TOKY OF MAINE. 301 

This Deed is Recorded According to Older p nie Nath' 
Morton Secr^' of the Court for y' Jurisdiction of New 
Plymouth 

Recorded According toy" Original Octob"- 22" 1719. 

p Jos : IlaiTiond Reg' 



LXVIII. 

COMMISSION TO FRANCIS CHAMPERNOON AND 
OTHERS, BY FERDINANDO GORGES. 

June 21 ■• nni 
July 1 ' ^^^^ 

Sources. 

The commission to Francis Champernoon and others, 
jiTy "p 1<^<^4, was an attempt by Ferdinando Gorges to 
restore the government of the Province of Maine according 
to its ancient prerogatives. Besides Francis Champernoon, 
whose name stands first on the commission, there were 
twelve other " loving friends," " inhabitants and residents" 
of the Province, to be associated with him as deputies and 
commissioners. The names of many of these have become 
well known from their connection with territorial history ; 
one of them, John Archdale, who was for one year the 
deputy of his brother-in-law, Ferdinando Gorges, a few 
years later was governor of South Carolina. 

The commission, with instructions, is among the ancient 
records at York. It is printed by James Phinney Baxter, 
editor, " Sir Ferdinando Gorges and his Province of Maine " 
(Prince Society, 1890), III., 303-306; instructions, ibid, 
30(5-315. 

The commission is reprinted in this collection from Mr. 
Baxter's text. 

Text. 
To all Christian People to whom these Presents shall 
come I Ferdinando Gorges of the City of Westm"" Lord Pro- 



302 DOCUMENTS RELATING TO THE 

prietor of the Province of Mayne in New England in 
America send Greetino;. Whereas our hite Sovereijjn King: 
Charles the First of blessed memory by his Chaiter Royall 
under the Great Seal of England bearing Date the Third 
Day of Apriil in the Fifteenth Year of his Reign did grant 
& confirme unto S'' Ferdinando Gorges Knight Dec*^ & unto 
his Heirs & Assigns for ever all that Part & Portion of Land 
in New England in America which by the s'' Letters Patents 
is bounded l)y the Rivers of Pascataway & Sagadahok the 
s*^ Rivers being included with the Extent of One Hundred 
and Twenty Miles up into the Main Land with several! 
Islands adjacent to the s** main Land & the Rivers & Shores 
thereof as also the Islands of Capawick & Nantican near 
Cape Codd w*^'^ Island of Capawick is since called Martins 
Vineyard all w'^'' Premisses are by the s*^ Charter Royall 
entituled the Province of Mayne in New England in America, 
and by ye same Charters are not only granted the Fee of 
the s*^ Lands to the s*^ S'' Ferdinando Gorges his Heirs & 
assigns for ever, But also the peipetuall Government thereof 
saving only the Faith & Allegiance to the Crowne of Eng- 
land by w*^'' Charter is also granted to the s'^ S"" Ferdinando 
Gorges, all the Powers, Rights, Franchisses, Immunities, 
Royalties & Priviledges w'^'' of Right apperteyne & are 
enjoyed or ought to be enjoyed by the Bishop of Duresme 
in the County Palatine of Duresme : with severall other 
Royalties Priviledges & Imnjunities in such large & ample 
Manner as gave Testimony of a singular Favour in his s*^ 
Majestic to the s'' S"" Ferdinando Gorges as by the s*^ Charter 
Respect being thereunto had may & doth at Large appear. 

And whereas upon the Decease of the s^ S'" Ferdinando 
Gorges the Right, Tytle & Interest of the s^ Province did 
lawfully descend & come unto John Gorges Esq'' Eldest 
Sonne & Heire of the s^ S"" Ferdinando Gorges. And 
whereas upon the Decease of the s** John Gorges the Right 



TEKKITOUIAL HISTOKY OF MAINK. 303 

Title & Interest to the s^ Province did lawinlly descend and 
come unto nie the s*^ Ferdinando Gorges oidy Son & Heire 
of the s** John Gorges. Now Know yee that I the s*^ Ferdi- 
nando Gorges reposing Trust & C"onti(hMice in my loving 
Friends Capt. Francis Chanipei'noon neer BraI)o:it limhnur, 
Henry Josslin of Black Point, John Archdah', Koheit .Jor- 
dan of Spurwinck, Thomas Piirchas of Pegipscott, Francis 
Neale of Casco Bay, Francis Ilooke of Saco, Henry Watts 
of Blew Point, Edward Ri>ii\voith of Gorgiana, Joseph 
Bowles of Wells, Francis Kaynes near Brahoat IIarl)our, 
Robert Cutts of Kittery & Thomas Withers of Pascafaway 
Gentlement all Inhabitants & Residents within the s*^ Prov- 
ince have constituted & appointed Si l)y these Presents do 
constitute & appoint them the s*^ Capt. Fran. Chamjjernoon 
Hen. Josslin John Archedale Rol)t. Jordan Tho. Purchas 
Fran. Neale Francis Hooke Hen. Watts Edw. Rishworth 
Jos. Bowles Fran. Raynes Rol)t Cutis & Tho. AVithers to 
be during my Will & Pleasure my Deputies & Com issioners 
for the Government of the s'' Province hereby empowering 
them or the maj"" Part of them, or the ^lajor Part of the 
Survivors of them to do c^ execute all such Authorities & 
Powers as by ye s^' Letters Patents are to be done & 
executed by my Lieutenant or Lieutenants De])utie or 
Deputies. 

Provided that in all such their Actings they proceed 
according to the Charter aforementioned, & the Instructions 
herewith sent & by me signed & sealed & accoiding to such 
further Instructions as they shall from Time to Time receive 
from me, hereby ratifying & contirming all w*"'' shall be 
lawfully done by my s"* Deputies or Comissioners in Pursu- 
ance of this my Authoritie. ProvicK'd ahvaies c^c my Intent 
& ^Nleaninir is that as soon as any other Comission beins: 
hereafter signed & sealed by me my Heirs or Assignes shall 
arrive & be publickly declared in the said Province that 



304 DOCUMENTS RELATING TO THE 

then this Comission shall cease & be noe further acted upon. 

But all the Authoritie herein granted to cease & the 
supream Authoritie & Government of the s'' Province under 
me to devolve upon such Persons as shall by such new 
Comission be thereunto appointed. 

Given under my Seal this One and Twentieth Day of 
June in ye Sixteenth year of the Reign of our Sovereign 
Lord Charles the Second by the Grace of God King of 
England, Scotland France & Ireland Defender of the Faith 
&c Annoq Dom. 1664 . . . 



[Instructions follow.] 



Ferdinando Gorges 

The Reliks of a seal appending 
on a Label in a Tinn Box. 



A true Copy of a Commission from Ferdinando Gorges 
late Lord Proprietor of the late Province of Main & 
of the Instructions thereto annexed (except a few Words 
obliterated). 

Received July 5, 1733. 

Attest Joseph Moody, Beg'' 



LXIX. 

EXTRACTS FROM THE GRANT OF PEMAQUID TO 

JAMES, DUKE OF YORK, BY CHARLES 

XL, OF ENGLAND. 

March 12/22, 1664/5. 

Sources. 

The grant to James, Duke of York, by Charles II., 
March 12/22, 1664/5, included the disputed portion from 
the St. Croix to the Kennebec, with the territory around 
the head waters of those rivers. When Henry, fourth Earl 



TEKKITOKIAL HISTOIiY OF MAINE. 305 

of Stirling, conveyed Long Lslaud to tlie Duke of York in 
16H3, the principal negotiator was the Karl of ClarcndcMi, 
whose daughter the Didce of York had married. It is 
believed that in tianscril)ing the hounds from the charter of 
Alexander, which had been lent for that purpose, the earl 
included the description of the St. Ci'oix and the Pemacpjid 
country, therel)y securing to liis son-in-law a title to terri- 
tory in Maine. Brodhead (" History of New York," II., 
17) says that this instrument was the " most impudent ever 
recorded in the colonial archives of England." 

The petition of William, Karl of Stirling, and other heirs- 
at-law of Henry the last Karl of Stirling, in 17()(), loi- the 
restitution of the " County of Canada," throws some light 
on the history of the " Duke's Territory." This petition 
is in Massachusetts Historical Society, " Collections," 1st 
Series, VI., 18H-189. 

The original |)atent tnarked " Patent Roll, 16 Car., II., 
Part 8, No. G," is in the Public Record Office, London. 
The parchment duplicate, which was given to the Duke of 
York as evidence of his title, is in the State Libi-ary at 
Albany, and the original record is in the office of the sec- 
retary of state of New York " New York Book of Patents," 
I., 109. Full copies are in the "Report of the Regi-nts of 
the University on the Boundaries of the State of New York" 
(All);iny, 1874), L, 10-21 ; and an abstract of the original 
parchment in the Record Office is in W. Noel Sainsbury, 
editor, "Calendar of State Papers," Colonial Series, 1()()1- 
16()8, 191, 192. 

The text is found entire in Learning and S[)icer, " The 
Grants, Concessions, and Original Constitutions of the 
Province of New Jersey" (Pliila(leii)hia, 1752), 3-8: John 
Romeyn Brodhead, "History of the State of New York" 
(New" York, 1853), II., (J51, 652; Edmund Bailey O'Cal- 
laghan, editor, " Documents Relative to the Colonial His- 
tory of the State of New York" (Albany, 1858), II., 
295-298; and Ben: Perley Poore, "The Federal and 
State Constitutions, Colonial Charters, and Other Organic 
Laws of the United States" (Washington, 1877), 783-785. 
A copy from the " New York Book of Patents" is in a 
" Statement on the Part of the United States, of the Case 
Referred, in Pursuance of the Convention of 1827 . . ." 
(printed but not pul)lished, Washington, 1829), Appendix 
XII., 100-103. An early manuscript copy of the grant is 

Vol. I. 21 



306 DOCUMENTS RELATING TO THE 

in " Massachusetts Archives," III., 303 ; it is printed by 
James Phinney Baxter, editor, " Baxter Manuscripts," 
Maine Historical Society, " Documentary Series," IV., 
190-195. 

The text adopted for extracts rehiting to Pemaquid is 
that of the " Regent's Report," 10-20 (left-hand pages only), 
which is a copy of the duplicate charter. 

Text. 

CHARLES THE SECOND BY THE GRACE of God 

King of Enoland Scotland ti'rance and Ireland defender 
of the ffaith etc To All to whome these presents shall 
come Greeting Know yee that wee for divers good Causes 
and Consideracons us thereunto moveing Have of our 
especiall grace certaine knowledge and meere mocon given 
and Graunted And by these presents for us our heires 
and Successors Doe give and Graunt unto our dearest 
Brother James Duke of Yorke his heires and Assignes All 
that part of the Mayne land of New England begining att 
a certaine Place called or knowne by the name of S* Croix 
next adioyneing to New Scotland in America and from 
thence extending along the Sea Coast unto a certaine Place 
called Petuaquine or Pemaquid and (soe) upp the River 
thereof to the furthest head of the same as itt tendeth 
Northwards and extending from thence to the River of Kin- 
ebequi and soe upwards by the shortest course to the River 
Cannada Northward And alsoe all that Island or Islands 
comonly called by the several 1 name or names of Matowacks 
or Long Island scituate lyeing and being towards the west 
of Cape Codd and the Narro Higansetts abutting upon 
the Mayne land betvveene the twoe Rivers there called 
or knowne by the severall names of Conectecutte and Hud- 
sons River Together alsoe with the said River called Hudsons 
River and all the land from the west side of Connectecutte 
River to the East side of De la Ware Bay And alsoe all 
those severall Islands called or knowne by the names of 



TEKKITOKIAL IlISTOUY OF MAINE. 307 

Martin Vinyards and Nantukes otherwise Nantukett To- 
gether with all the lands Islands Soyles Rivers Harbours 
Mynes Mincralls Quarries Woods Marishes Waters Lakes 
ffishings hawking hunting and tlbwleing and all other Koy- 
alties proffitts Comodities and hereditaments to the said 
severall Islands lands and premisses belonging and apper- 
taineing with their and every of their appurtenncs And all 
our Estate right title interest benefitt advantage Clayme 
and demaund of in or (to) the said lands and premisses or 
any part or parcell thereof And the Revercon and Revercons 
Remaynder and Remaynders together with the yearely and 
other the Rents Revenues and proffitts of all and singuler 
the said premisses and of every part and parcel thereof To 
HAVE AND TO HOLD . . . In WiTTNES whereof Wee 
have caused these our Letters to bee made Patents Witt- 
NES our Selfe att Westminster the Twelveth day of March 
in the Sixteenth yeare of our Raigne 

By the King Howard 



LXX. 

REPORT IN FAVOR OF PROVINCIAL GOVERNMENT 
IN MAINE, BY THE KING'S COMMISSIONERS. 

Juke 23 taoK 
July 3' 1^65. 

/Sources. 

The report of the " Kings Comissione's for Setling the 
affaires In New England," ;);j;;2|, 1665, is in the Public' Rec- 
ord Office, London ; an abstract is published by W. Noel 
Sainsbury, editor, "Calendar of State Papers," Colonial 
Series, 1661-1668, })age 306. A transcript from the origi- 
nal report is in " Massachusetts Archives," IIL, and is 
printed in "Records of the Governor and Company of the 
Massachusetts Bay in New England," IV., part ii., 249- 
251. It has also been printed by William D. Williamson, 



308 DOCUMENTS RELATING TO THE 

" History of the State of Maine " (Hallovvell, 1832), I., 416, 
417 ; and by Janie.s Phinney Baxter, editor, " Baxter Man- 
uscripts," Maine Historical Society, " Documentary Series," 
IV., 202-205. 

Important documents, includin<^ the royal commission 
issued ^fiy'io » 1664, are found in Edmund Bailey O'Callaghau, 
editor, " Documents Relative to the Colonial History of the 
State of New York " (Allwny, 1853), III. ; Thomas'Hutch- 
inson, "A Collection of Original Papers Relative to the 
History of the Colony of Massachusets-Bay " (Boston, 
1769) ; and in Sainsbury's " Calendar of State Papers." 

In accordance with the report of the commissioners, all 
the country west of the Sagadahoc, which included western 
Maine and Lygonia, was brought under a provincial govern- 
ment independent of the jurisdiction either of Massachu- 
setts or of the Gorges faction. 

The text adopted is that of the " Baxter Manuscripts." 

Text. 

Wee having seene the seuerall Charters granted to S' 
fferdinando Gorges & to the corporation of the Massachu- 
sets bay, & having receaved Seuerall petitions from the 
Inhabitants of the Province of Maine, which is layd claims 
vnto both by the heires of the said S'' fferdinando Gorges, 
& the said Corpoiation ; In which petitions they desire to 
be taken into his Majesties imediate protection, & govern- 
ment, having considered that it would be of 111 consequence, 
if the Inhabitants of this Province should be seduced by 
those of the Massachusets bay, who haue already by Sound 
of Trumpet denyed to submitt themselues to his Majesties 
authority, which by Comission vnder his great Seale of 
England he hath been pleased to entrust us with, looking 
vpon themselues as the Supreame Power in these parts, 
contrary to their alleagiances & derogatory to his Majesties 
Soueraignty, & being desirous that the Inhabitants of this 
Province may be at peace among themselves, & free from 
the contests of othe''s, & the Inconveniencies which thence 
must neceassrily ensue, to the end they may be so ; wee by 



TEKRITOKIAL HISTOKY OF MAINK. 309 

the power given us by his sacred Majesty vnder the great 
scale of England, doe by these presents receive all his 
Majesties good subjects living within the Province of Maine, 
into his Majesties more Iinediate protection & Gouernment, 
And by the same power & to the end this province may be 
well Gouernned, wee doe hereby nominate & constitute, 
m'' Fran : Champernoonc, & m' Robeit Cutt of Kittery, 
m"" Edward Johnson, & m"" Edward Kishworlh of yorke m"" 
Samiiell Whelewright of Wells, m"" flfran : Hooke, & m' 
William Phillips of iSacoe ; m'' George Munjoy of Casco, 
m"" Henry Jocelyn of fela : point m"^ Robert Jordan of Riche- 
mond Island, & m"^ John Wincoll Newgewanacke, Justices 
of the peace. 

And wee desire, and in his Majesties name require them 
& euery of them to execute the oflSce of a Justice of peace 
within the Province of Maine, And wee heereby Authorize 
& Impoure m"" Henry Josslin, & m"" Edward Rishworth 
Recor or either of them, to administer the oath vnderwrit- 
ten ; (which themselves haue taken before vs to all the 
forenamed Gentlemen, who haue not taken it, before they 
shall act as Justices of y*" peace :/ 

And wee hereb}^ give power & authority to any three, or 
more of the aboue named Justices of the peace, to meete at 
Convenient times & places, as heretofore other magistrates 
haue mett, or as they shall see most convenient & there to 
heare & determine all causes both civil & criminall, to order 
all the affaires of this said Province, for the peace, safety 
& defence thereof, proceeding in all cases according to the 
lawes of England, as neare as may be & thus to doe vntil 
his Majesty will please to Appoint another government. 

And In his Majesties name wee require & comand all the 
Inhal)itants of this province to yield obedience to the said 
Justices, acting according to the law of England as neare 
as may be. 



310 DOCUMENTS RELATING TO THE 

And In his Majesties name wee forbid as well the Comis- 
sione""^ of m"" Gorges, as the Corporation of the Massachusets 
bay, to molest any of the Inhabitants of this Province w*"* 
their pretences, or to execute any Authority within this 
Province vntill his Majesties pleasure be further knowne, 
by virtue of their p''tended rights. 

Given vude"" ou"" hands & scales at Yorke within the said 
Province the 23*^ Day of June in the seventeenth yeare of 
the Reigne of our Soverraigne Lord Charles the 2'"* by the 
grace of God King of England Scotland France & Ireland 
in the yeare of our Lord God 1665 

Wee also desire all who lay claime to any land in this 
Province by Paten'^ to haue them forth comeing by this 
time twelve month.// 

Roba Carr 
George Cartwright 
Samuell Mauericke 

You shall sweare, that as Justice of the peace in the 
Province of Mayne, yow shall doe oequall right to the poore 
& rich : after the Lawes & Customes of England, according 
to your Cunning, witt & power, & you shall not be of any 
quarrell hanging before you, you shall not let for gyft or 
other cause but well & truly you shall doe your office of 
Justice of the peace. So help you God &c 

Robe'"t Carr 
George Cartwright 
Samuell Mauericke 

A true Copy of this comission & oath aboue written tran- 
scribed out of the originall & therewith Compared this 4*'' 
day of June : 1665 ^ 

g Edw. Rishworth Re : cor : 

' Against this paragraph as printed in the " Massachusetts Records " is the fol- 
lowing note : 

"Surely it was intended y« 24"' or 4 July, in w">> act of y« commission's it is 
considerable." 



TERRITORIAL HISTORY OF MAINE. 311 



LXXI. 

ABSTRACT OF THE TRP:ATY OF IJREDA, BETWEEN 

CHARLES II. OF ENGLAND AND 

LOUIS XIV. OF FRANCE. 

July 21/31. l(i()7. 
Sources. 

By the treaty made at Breda, July 21/31, 1(567, between 
Charles II. of England and Louis XIV. of France, Acadia 
was resigned to France, and all ciainis which Cromwell had 
established on the basis of royal charters to Sir William 
Alexander were extinguished. February 17/27, 16(57/8, 
Charles II. issued a proclamation by which Pentagoet, St. 
John, Port Royal, La Iltive, and Cape Sable were released 
in favor of France, according to the treaty of Breda. Not- 
withstanding the royal proclamation, however, Colonel 
Temple still retained possession of the country until the 
following year, when the king issued an order to him for 
the surrender of Acadia. Thereupon, July 7/17, 1670, 
Colonel Temple, " by reason of present sickness of Body 
upon myself," gave a command to Captain Walker for the 
restitution to France of all the country of Acadia. 

There are numerous texts of this treaty. In 1667 it was 
deposited at the Hague, both in Latin and in Dutch. In 
French it is in Jean Dumont, " Cor[)s Universel Diploma- 
tique du Droit des Gens" (Amstenlam, 1731), VII., part 
i., 40-42, and is reprinted in " Memoires des Commissaires 
du Roi et de ceux de sa Majeste Britannique, sur les Pos- 
sessions et les Droits Respectifs des deux Couronnes en 
Amerique" (Paris, 1755), II., 32-39. It was published in 
English in "A General Collection of Treatys, Declarations 
of War, Manifestos, and Other Publick Papers, Relating to 
Peace and War" (London, 1732), 127-134; an al)stract is 
in "A Collection of Treaties of Peace and Commerce, Con- 
taining all those that have been Concluded from the Peace 
of Munster, inclusive to this time" (London, 1714), 101, 
102 ; and another is in Charles Jenkinson "A Collection of 
all the Treaties of Peace, Alliance and Commerce Between 



312 DOCUMENTS RELATING TO THE 

Great Britain and Other Powers, from . . . 1648 to . . . 
1783" (London, 1785), I., 186, 187. 

The text adopted is that of Jenkinson, who used an 
authentic transhition. 

Text. 

I. THERE shall be a sincere, perpetual and universal 
peace between the most Christian King, and the King of 
Great Britain, and their subjects. 

II. All hostilities, &c. to cease. 

III. All injuries and damages done shall be forgot. 

IV. Navigation and commerce shall be as free as before 
the late war. 

V. All prisoners on both sides shall be released without 
ransom. 

VI. All edicts published by either party, during the 
war, to the prejudice of the other shall be void. 

VII. The most Christian King shall restore to that part 
of the island of St. Christopher which the English were 
possessed of before the war. 

VIII. If the subjects of Great Britain have sold any 
estates there, they shall not be restored to them without 
returning the purchase money. 

IX. If the subjects of France should have been expelled 
the island of St. Christopher before or after the siofnins: of 
this treaty, they shall be restored as before the war. 

X. The King ot Great Britain shall restore to his most 
Christian Majesty the country of Acadia in North America. 

XL If any of the inhabitants of Acadia had rather live 
under the dominion of the King of Great Britain, they 
shall have liberty to depart and sell their effects. 

XII. The most Christian King shall restore to the King 
of Great Britain the islands of Antegoa and Montserrat if 
in his possession, and all others conquered by him since the 
war ; and the Kino; of Great Britain shall in like manner 



TERRITORIAL HISTORY OF MAINE. 313 

restore all that may have beeu taken by hi.s arms from the 
most Christian King. 

XIII. Slaves taken from the English being willing to 
return, shall be permitted ; l)ut if .sold, not without refund- 
ing the money. 

XIV. Subjects of Great Britain serving the French for 
wages, shall also have lil)erty to depart. 

XV. What is concluded and agreed on concerning the 
islands above-named, is to be understood of all other places 
on both sides. 

XVI. All letters of mart and reprisals already granted 
shall be void, and no more granted for the future. 

XVII. All ships taken on either side to remain in the 
possession of the captors, provided it be within twelve days 
after the signing of this treaty in the neighbouring seas, six 
weeks in the seas as fir as cape St. Vincent, and six months 
beyond the line. 

XVIII. If any new w^ar should break out, the term of 
six months shall be allowed the subjects on both sides to 
withdraw themselves and their effects. 

XIX. All those who shall be nominated on both sides 
"within six months after the ratification, to be admitted to 
this treaty. 

XX. The ratifications shall be exchanged within four 
weeks after signing. 



314 DOCUMENTS RELATING TO THE 



LXXII. 

EXTRACTS FROM THE PEACE OF BREDA, BETWEEN 

CHARLES II. OF ENGLAND AND THE STATES 

GENERAL OF THE UNITED NETHERLANDS. 

July 21/31, 1667. 

Sources. 

The " peace" between England and Holland was another 
of the treaties concluded at Breda, July 21/31, L667. 
The terms of the peace arranged by Charles II. of England 
and the States General were on the basis of mutual restitu- 
tion of all places taken during the late war. Thus, not only 
was the "Duke's Territory" of New York again in the 
hands of its former owners, the Dutch, but western Sagada- 
hoc was for a time without any organized government. 

The treaty was published " by authority" in England in 
1686, and from that source extracts have been reprinted by 
Georo:e Chalmers, " A Collection of Treaties between Great 
Britam and Other Powers " (London, 1790), I., 133-150. 
In Latin, it is in Jean Dumont, " Corps Universel Diplo- 
matique du Droit des gens" (Amsterdam, 1731), VII., 
part i., 44-53. 

This reprint follows the text of Chalmers. 

Text. 

I. FIRST, that from this day there be a true, firm, and 
inviolable peace, sincere friendship, a nearer and straiter 
alliance and union between the Most Serene King of Great 
Britain, and the High and Mighty States General of the 
United Provinces of the Netherlands, and the lands, coun- 
tries, and cities under the obedience of both parties, where- 
soever situate, and their subjects and inhabitants, of what 
degree soever they be. 

II. Also, that for the time to come, all enmities, hostil- 
ities, discords, and wars, between the said Lord the King, 



TEKRlTOltlAL HISTORY OF MAINK. 315 

and the foresaid Lords the Slates General, and their sub- 
jects and inhabitants, cease and be abolished ; and that both 
parties do altogether forbear and ab>tain from all plundering, 
depredation, harm-doing, injuries, and infestation whatso- 
ever, as well by land as by sea, and in fresh-waters, every- 
where ; and especially through all Inicts, dominions, places, 
and governments (of what condition soever they be) within 
the jurisdiction of either party. 

III. Also, that all offences, injuries, damages, losses, 
which his said Majesty and his subjects, or the foresaid 
States General and their subjects, have on either side sus- 
tained during this war, or at any time whatsoever heretofore, 
upon what cause or pretence soever, be buried in oblivion, 
and totally expunged out of remembrance, as if no such 
things had ever past. 

Furthermore, that the foresaid peace, friendship, and 
alliance may stand upon firm and unshaken foundations, and 
that from this very day all occasions of new dissention 
and difference may may be cut off; it is further agreed, 
that both the parties, and either of them, shall keep and 
possess hereafter, with plenary right of sovereignty, pro- 
priety, and possession, all such lands, islands, cities, forts, 
places, and colonies ( how many soever) as during this war, 
or in any former times before this war, they have by force 
of arms, or any other way whatsoever, gotten, and detained 
from the other party, and that, altogether after the same 
manner as they had gotten and did possess them the 10/20 
day of May last past, none of the same places being 
excepted. . . . 

VI. But if after the 10/20 day of May, expressed in the 
precedent third article, or after the peace is made, or this 
treaty signed, either party shall intercept and get from the 
other any lands, islands, cities, forts, colonies, or other 
places whatsoever, all and every of them, without any 



316 DOCUMENTS RELATING TO THE 

distinction of place or time, shall be restored bond fide in 
the same state and condition wherein they shall be found to 
be at the time whensoever it shall be known in those places 
that the peace is made. . . . 

IX. And whereas in countries far remote, as in Africa 
and America, especially in Guinea, certain protestations and 
declarations, and other writings of that kind, prejudicial to 
the liberty of trade and navigation, have been emitted and 
published on either side by the governors and officers in the 
name of their superiors ; it is in like manner agreed, that all 
and every such protestations, declarations, and writings 
aforesaid, be abolished, and held hereafter for null and void ; 
and that both the above-mentioned parties, and their inhab- 
itants and subjects, use and enjoy the same liberty of trade 
and navigation, as well in Africa as in America, which they 
used and enjoyed, or of right might use and enjoy, at that 
time when the treaty of the year 1662 was subscribed. . . . 

XI. That the said King of Great Britain, and the said 
States General remain friends, confederate, united, and 
allied, for the defence and preservation of the rights, liber- 
ties, and immunities of either ally and their subjects, against 
all whomsoever, who shall endeavour to disturb the peace 
of cither's state by sea or land, or such as living within 
cither's dominions, shall be declared public enemies to 
either. ... 



TERRITORIAL HISTORY OF MAINE. 317 



Lxxiir. 

ORDER FOR SUBMISSION OB^ THE PROVINCE OF 
MAINE, BY THE GENERAL COURT OF MAS- 
SACHUSETTS BAY. 

May 27 i /.,.o 
June 6' ^*^'^^- 

Sources. 

By an order of the General Conrt for the suhniis.sion of 
the Province of Maine, Massachusetts resumed trovernment 
over Gorires's original and entin* province. After the report 
of the Kinji's connnissioners in 16H5 the order ot the Gen- 
eral Conrt would seen), on its face, like an act of usurpation. 
However, a timely gift of masts, " as a manifestation of 
their loyalty and good atfection," completely disarmed his 
majesty of any susjjicion of dishonesty on the part of Mas- 
sachusetts. He acknowledged the present in most gracious 
words, — " What they have now done has been exceeding 
acceptable; he will always look on them as part of his care 
to pi-ovide for their peace and welfare in all things .... 
He shall be ready at any time to receive any of their just 
desires and requests;" '• Colonial Papers," Vol. XXHI. 

The order was entered in the records of the " Governor 
and Company of the Massachusetts Bay in New England," 
and is found in the printed "Records," IV., part ii., 870, 
371 ; it is also in Jan)es Sullivan, " History of the District 
of Maine" (Boston, 1795), 375, 376. 

The text adopted is that of the printed "Records." 

Text. 

"Whereas this colony of the Massachusetts, in observance 
of the trust to them cofnitted l)y his maj'^'* royall charter, 
w"* the free & full consent & submission of the inhabitants 
of the county of Yorke, for sundry yeares did exercise gov- 
ernmt ouer the i)eople of that county ; and whereas about three 
yeares now past some interruption haue binn made to the 



318 DOCUMENTS RELATING TO THE 

peace of that place, & order there established, by the impo- 
sition of some who, pretending to serue his maj'^ interest, 
w'*^ vnjust aspersions & reflections vpon this govermnt 
here established by his royall charter, haue vnwarrantably 
draune the inhabitants of that county to subjection vnto 
officers that haue no royall warranty, thereby infringing the 
libertjes of our charter, & depriuing the people there settled 
of their just priuiledges, — 

The effect whereof doeth now appeare to be not only a 
disservice to his maj'^, but also the reducing of a people 
that were found vnder an orderly establishment to a 
confused anarchy. 

The premisses being duely considered, this Court doe 
judge meete, as in duty the}' stand bound to God & his 
majesty, to declare their resolution againe to exert their 
power of jurisdiction ouer the inhabitants of the sajd county 
of Yorke, — 

And doe hereby accordingly, in his maj^^** name, require 
all and euery of the inhabitants there setled to yeild obe- 
dience to the lawes of this colony, as they haue been orderly 
published, and to all such officers as shall be there legally 
stated by the authority of his maj'^' royall charter, & the 
order of our coiSissioners, whom this Court hath nominated 
and impowered to setle all officers necessary for the gov- 
ernment of the people there, & to keepe a Court this pisent 
summer the first Tuesda}^ in July, at Yorke Toune, as haue 
been formerly accustomed. 

And for that end wee haue coinanded our secretary to 
issue out warrants to the inhabitants there in their respec- 
tive tounes, to meet & choose jurors, both grand & petit, 
constables & other officers, for the service of the country, 
as the lawe requireth ; the sajd warrants to be directed 
vnto Nathaniel Masterson, who is by this Court appointed 
the marshull of that county as fformerly, & by him the sajd 



TERRITORIAL HISTORY OF MAINE. 319 

warrants are to be deliuered to the seuerall constables, to 
be accordingly executed. A duo observance whereof, w"^ 
an orderly returne, to be made to the Court, to be held as 
abouesajd, is heereby required of all persons respectively 
concerned, as as they will answer the contrary at their 
perill. 

By the Court. 

EDW : RAWSON, Secrefy. 



LXXIV. 

EXTRACTS FROM THE TREATY OF WESTMINSTER, 

BETWEEN CHARLES II. OF ENGLAND AND 

THE STATES^GENERAL OF THE 

UNITED NETHERLANDS. 

February 9/19, 1673/4. 

Souixes. 

By the treaty of peace between Charles II., king of Eng- 
land, and the United Provinces of the Netherlands, made 
at Westminster, February 9/19, 1673/4, not only was the 
treaty of Breda renewed and in force, but all places cap- 
tured by either j^arty during the recent war were to be 
restored to the former })r()prictors. New Nethei-lands was 
again confirmed to the English, and the Duke of York was 
once more viceroy of the large territory of Sagadahoc. 

The treaty was published in England "by authority' " in 
1686, and that text was followed by George Chalmers, "A 
Collection of Treaties between Great Britain and Other 
Powers" (London, 1790), I., 172-177. Another transla- 
tion is adopted by Charles Jenkinson, "A Collection of all 
the Treaties of Peace, Alliance and Commerce, between 
Great-Britain and Other Powers, from . . . 1648 to . . . 
1783" (London, 1785), I., 202-207. 

The extracts given in the present collection were made 
from Jenkinson ; a comparison with Chalmers shows no 
essential difference. 



320 DOCUMENTS RELATING TO THE 

Text. 

I. IT is agreed and concluded, that from this day there 
shall be a firm, sincere and iuviolable peace, union and 
friendship, between the most serene and potent King of 
Great Britain, and the high and mighty Lords the States 
General of the United Netherlands, and their respective 
subjects, in all the countries, dominions and places whatso- 
ever of both parties in Europe, or any other part of the 
world. 

II. And to the end that this true union between the said 
most serene Lord the King of Great Britain and the said 
Lords the States General may the sooner take efiect, it is 
agreed and concluded by them, that, immediately after the 
promulgation of the treaty of peace, all acts of hostility 
shall be prohibited on both sides ; nor shall any writ, com- 
mission, or instruction be granted or promoted, or in any 
manner permitted by either party, privately or publicly, 
directly or indirectly, to infest, invade, attack or despoil 
the substance, dominions or subjects of either ; but on the 
contrary, the subjects of both nations shall be strictly com- 
manded, that in all places they behave themselves to one 
another peaceably and amicably. . . . 

VI. It is agreed and concluded, that whatsoever coun- 
tries, islands, towns, ports, castles or forts, have or shall 
be taken on both sides since the time that the late unhappy 
war broke out, either in Europe or elsewhere, and before 
the expirati(m of the terms above-mentioned for the cessa- 
tion of hostilities, shall be restored to the former lord and 
proprietor, in the same condition they shall be in when the 
peace itself shall be proclaimed. After which time there 
shall be no spoil nor plunder of the inhabitants, no demoli- 
tion of fortifications, nor carrying away of guns, powder, 
or other military stores, which belonged to any castle or 
fort at the time when it was taken. 



TEUKITORIAL HISTORY OF MAINE. 321 

VII. That the treaty of liroda concluded A. D. IGG?, 
as likewi.sc all other preceding treaties confinncd l)y that 
treaty, be renewed and icinaiii in lull force, as far as is 
consistent with the present treaty. . . . 

XI. That the most serene King- of Great Britain above- 
mentioned, and the said high and mighty Lords the States 
General of the United Provinces, shall sincerely and bona 
fide observe all and singular the articles contained and es- 
tablished in the present treaty, and cause them to be 
observed by their subjects and inhabitants ; and they shall 
not contravene them directly or indirectly; nor suffer them 
to be contravened by their subjects or inhabitants ; and shall 
ratify all and singular the conventions above-mentioned by 
letters patent drawn up in du(! form, signed with their own 
hands, and sealed with their great seals ; and reciprocally 
deliver, or cause the same to be delivered, within 

weeks after the date of these presents (or sooner if possi- 
ble) bona tide, really and effectually. 

XII. Lastly, as soon as the said ratifications are exhib- 
ited reciprocally, and duly exchanged on both sides, the 
peace shall be proclaimed at the Hague within twenty four 
hours after the ratifications are so delivered and exchanged. 
Done at Westminster, the Uth day of Feb. A. D. 1673/4 

Signed and Sealed, 
[Seven names.] 



Vol. I. 22 



322 DOCUMENTS RELATING TO THE 



LXXV. 

ORDER FOR COMMISSIONERS TO HOLD COURT 

AT PEMAQUID, BY THE GENERAL COURT 

OF MASSACHUSETTS BAY. 

May 27 ^pnA 
JUXE 6' J^*^'*- 

Sources. 

The surrender of Acadia in 1670, by Colonel Temple, in 
accordance with the treaty of Breda, gave the French claims 
to the country westward to the Kennebec. Massachusetts 
immediately caused a new survey of the northern line of 
the charter, an adroit measure by which Pemaquid was 
included within the limits and jurisdiction of Massachusetts. 

In pursuance of an order of the General Court, f^Z.^l, 1674, 
commissioners were appointed to keep a county court within 
the easterly limits of their patent, " according to God and 
the wholesome lawes of this jurisdiction." The region east 
of the Kennebec, while under the authority of Massachu- 
setts, was called the " County of Devon." 

Extracts relating to the court at Pemaquid are here re- 
printed from the " Massachusetts Records," V., 17. 

Text. 

Att a Court held at Pemaquid, 22'" July, 1674, by Majo"- 

Thomas Clarke, Humphry Davy, Richard Collecot, Thomas 

Gardiner, according to commission and order of the Gener- 

all Court of the Massachusetts colony, dated in Boston in 

New England, 27'" day of May, 1674. 

Boston, in New England. 

Att a Generall Court, held at Boston, 
27"' day of May, 1674. In pursuance 
of an order at (he Generall Court in Oc- 
tober, 1673, it is ordered, that Majo"" 
Thomas Clarke, M"" Humphry Davy, M"" 

Richard Collecot, and Leif? Thomas Gardiner, or any three 




TEKKITOUIAL III.STOUY OF .MAI.NK. 32H 

of them, whereof ]Maj(/ TIjoiums Chirko to he one, are fully 
heiehy inipowred to repajie to Periiaquid, Capenawaghen, 
Kenneheck, &c, or some one of them to the eastward, or 
there or some one of tho.se phices, to keej)e a Court as a 
County Court, to give oathes to the constahles there ap- 
pointed, as also to appoint and impower meet persons, 
inhabitants there, to such offices & places as farr as they be 
w*''in the Ijne of our patent, according to God and the 
wholesome lawes of this jurisdiction, that so the way of 
jTodlynes mav be cncouradired & vice corrected. And it is 
hereby further declared, that the gentlemen aboue men- 
tioned shall be and hereby are impowred to appoint Comis- 
sion'"s Courts for the ending of smale causes, which comis- 
sioners shall haue niagistratticall power in marrying such 
as are duel}^ and legally published according to law, as also 
to punish criminall offences ; and the County Court is 
hereby impowred to setle the militia in those places, and in 
all places where there are not freemen, they may make vse 
of any fitt men, prouided they haue taken the oath of fidel- 
ity, any thing in the law to the contrary notw^'standing. 
By the Court. 

EDWARD RAWSON, Secre*'. 



LXXVI. 

EXTRACTS FROM THE GRANT OF PEMAQUID, RE- 
NEWED TO JAMES DUKE OF YORK, BY CHARLES 
n., OF ENGLAND. 

June 29 -, nrj. 
July 9' l^^*' 

Sources. 

The grant of lands, including Pemaquid, renewed to 
James, Duke of York, ^X'^g, 1674, is nearly identical with 
the conveyance of 1G64/5. To remove any doubt of the 



324 DOCUMENTS RKLATING TO THE 

validity of the Duke's title, either from want of " seizin " to 
the crown, or on account of the conquest by the Dutch 
after the treaty of Westminster, the title was confirmed to 
his royal hii^hness by these further letters patent. 

Subsequently a government was established at Pemaquid 
under the name of the "County of Cornwall," with the 
privilege of having one representative to the General 
Assembly of New York. In " York Deeds " IX., folio 241, 
there is u conveyance of land " within y*^ bounds of New 
Town in or Near Sagadehoc in y*' County of Cornwall in y® 
Collony of New York in America." On the accession of 
James II., the unusual privileges of the grant were merged 
in the crown. 

The deed of renewal is in the office of the secretary of 
state, Albanv, "New York Book of Patents," I., 1, and 
" New York Collections of MSS.," XXIII., 362. It is 
included in a " Statement on the Part of the United States, 
of the Case referred, in Pursuance of the Convention of 
1827 ..." (printed but not published, Washington, 
1829) Appendix XII., 103-106. An extract is in the 
" Report of the Reiieuts of the University on the Boundaries 
of the State of New York" (Albany, 1874), 21, 22. The 
deed is also printed in Ben : Perley Poore, " The Federal 
and State Constitutions, Colonial Charters, and Other 
Organic Laws of the United States" (Washington, 1877), 
786-788. An early manuscript copy is in the archives of 
the Maine Historical Society, " Pejepscot Papers," VII., 
39a. 

The text adopted is that ot the " Regents' Report," which 
is from a duly attested copy of the deed in the " New York 
Book of Patents." 

Text. 

CHARLES THE SECOND BY THE GRACE of God, 
King of England Scotland, France and Ireland, Defender 
of the ffaith &c. To all to whom these presents shall come 
GreetiniT ; Know yke, that wee for divers sfood causes and 
consideracons. Have of our especiall Grace, certaine knowl- 
edge and meer motion. Given and granted, and by these 
p''<'sents, for us, our Heirs and Successo" Do give and 
graunt unto our Dearest Brother, James Duke of Yorke, 
his Heires and Assignes, all that part of the Maine Land 



TERRITORIAL HISTORY OF MAINK. 325 

of New England, begining at a certainc place called or 
knowne by the name of 8' Croix, next adjoyning to New 
Scotland in America ; and from thence extending; alonj; the 
Sea-Coast, unto a certaine place called Petuaquine or Pem- 
aquid, and so u}) the River thereof, to the furthest head oi 
the same, as itt tendeth Northwards, and extending from 
the River of Kinebeque, and so upwards by the shortest 
Course to the River Canada Northwards; And all that 
Island or Islands, commonly called by the severall name or 
names of Matowacks or Long Island, Scituate and being 
towards the West of Cape Cod, and the narrow Higansetts, , 
abutting upon the Maine Land between the two Rivers 
there, called or knowne by the severall names of Conecti- 
cutt and Hudsons River, together also with the said River 
called Hudsons River, and all the land from the west side 
of Conecticutt River, to the East side of Delaware Bay; 
And also all those severall Islands, called or known by the 
names of Martin-Vineyards and Nantukes, otherwise Nan- 
tuckett ; Together with all the Lands, Islands, Soiles, 
Rivers, Harbo""', Mines, IMineralls, Quarryes, woods, 
Marshes, waters, Lakes, ffishings. Hawking, Hunting & 
ffowling; And all other Royalties, profits. Commodities 
and Hereditam^% to the said severall Islands, Lands and 
premisses, belonging and appertaining, w*'' their and ever}- 
of their Appurtenances, and all our Estate, Right, Title & 
Interest, benefit and advantage, Claime and demand, of, in 
or to the said Lands or p''''misses, or any part or parcell 
thereof; And the Revercon and Revercons, remainder & 
remaind*^, together with the yearly and other Rents, Rev- 
enues and Proffitts of the p'^'misses, and of every part and 
Parcell thereof; To have and to hold . . . 

In witnesse whereof wee have caused these our L'res to 
bee made patents, witnesse our sell'e at westm. the lilt"' day 
of June, in the 2o"' yeare of our Reigne. 

PIGOTT. 



326 DOCUMENTS RELATING TO THE 



LXXVII. 

COMMISSION TO MAJOR ANDROS AS GOVERNOR OF 
NEW YORK, BY JAMES, DUKE OF YORK. 

July 1/11, 1674. 
Soui'ces. 

The commission of July 1/11, 1674, by James, Duke of 
York, to Major Edmund Andros, gave to the latter juris- 
diction over Pemaquid, the disputed area from the St. Croix 
westward, and other territory granted under the royal 
patent of j'^- 29^ 

The original commission is in the " New York Book of 
Patents," I., 171. From that source it was printed in a 
" Statement on the Part of the United States, of the Case 
Referred, in Pursuance of the Convention of 1827 ..." 
(printed but not published, Washington, 1829), Appendix 
XII., 106, 107; also in Edmund Bailey O'Callaghan, edi- 
tor, " Documents Relative to the Colonial History of the 
State of New York" (Albany, 1853), III., 215, which is 
the text adopted for the following rej)rint. 

Text. 

James Duke of Yorke and Albany, Earle of Ulster, S:f 
Whereas it hath pleased y"^ King's most Excellent Ma'^ my 
Soveraigne Lord and brother by his Lett"* Pattents to give 
and grant unto Mee and my heyres and assignes all that 
part of y® Maine Land of New England begining at a cer- 
taine place called or known by y'' name of S^ Croix next 
adjoyneing to New Scotland in America and from thence 
extending along y'' sea Coast unto a certaine place called 
Pemaquin or Pemaquid and soe up the River thereof to y* 
furthest head of the same, as it tendeth Northwards and 
extendmg from thence to the River Kinebequi and soe up- 
wards by y*^ shortest course to y^ River Canada northwards. 
And also all that Island or Islands comonly called or 



TKRUITOHIAL IIISTOKY OF MAINE. 327 

known by y" scverali names of Matovvacks or Long Island 
scituate lying and being towards y" West of Cape Codd 
and y'' Narrow Iligansetts abutting upon y'^ niaine land be- 
tweene y^" two rivers there called or knowne by y* severall 
names of Conecticut and Hudsons River together also w^"* 
y" said river called Hudsons River and all y" land from y* 
West side of Conecticut river to y'' East side of Delaware 
Bay, and also all those severall Islands called or knowne by 
y" name of Martine Vynyards and Nantukes otherwise 
Nantukett, together with all the Lands islands soiles rivers 
harbours mines mineralls (juarryes woods marshes waters 
lakes fishings hawking hunting and fowling and all royal- 
tyes and proflStts comodityes and hereditaments to y*^ said 
severall islands lands and premisses, belonging and apper- 
teyneing with their and every of their appurtenancies : To 
hold y*^ same to my owne proper use and behoofe w"' power 
to correct punish pardon govern and rule y'' inhabitants 
thereof by my selfe or such deputyes comiss" or officers as 
I shall think litt to appoint, as by his Ma"*"' said Letters 
Pattents may more fully appeare. And whereas I have 
conceived a good opinion of the integrity prudence ability 
and fittnesse of Major Ednmnd Andros to be employed as 
my Lieutenant there, I have therefore thought fitt to con- 
stitute and appoint him y*" said Major Edmund Andros to 
bee my Lieut' and Govcrnour within y*" lands islands and 
places aforesaid to perfonuo and execute all and every y* 
powers w'^'' are by y" said letters Patents graunted unto Mee 
to be executed by Me my Deputy Agent or Assignes To 
have and to hold y*^ said })lacc of Lieutenant and Governour 
unto him y*" said Edmund Andros Esq"" but dureing my will 
and pleasure only, Hereby willing and requireing all and 
every y*^ inhabitants of y^ said lands islands and jiiaces to 
give obedience unto him y^ said Edmund Andros Escj"^ in all 
things according to y® tenure of His Ma** Letters Patents. 



328 DOCUMENTS RELATING TO THE 

And y" said Edmund Andros Esq"" to observe follow and 
execute such orders and directions as he shall from time to 
time receive from myselfe. Given under my hand and 
scale at Windsor this first of July 1674. 

James. 
By command of His 
Roy" Highness 

Jo : Werden. 



LXXVin. 

COMMISSION TO JOHN RHOADES FOR POSSESSION 

OF ACADIA, BY THE GENERAL WEST INDIA 

COMPANY. 

September 11/21, 1676. 

)Soic7'ces. 

By the commission to John Rhoades from the General West 
India Company, September 11/21, 1676, the conquest of 
Acadia in 1674 by Jurriaen Aernouts, master of the frigate 
" The Flying Horse," was rendered effective. John 
Rhoades, who was a native of England although a member 
of the l)uccaneering expedition, was allowed to take posses- 
sion in the name of the company. 

The original ordinance is in the possessit)n of the New 
York Historical Society. A translation was first published 
by J. Watts de Peyster, in a paper read before the society 
March 3, 1857, entitled "The Dutch at the North Pole and 
the Dutch in Maine," 76 ; another translation was printed 
by Charles Wesley Tuttle, " The Dutch Conquest of Acadia, 
and Other Historical Papers" (Boston, 1889), Appendix 
XHL, 376, 377. 

For further knowledge of John Rhoades and his connec- 
tion with New England history, the " State Papers " in the 
Public Record Office, London, and "Massachusetts Rec- 
ords," v., will furnish abundant material. 



TERRITORIAL HISTORY OF MAINE. 329 

The text adopted is that of De Peyster's translation from 
the ori<2:inal. 

Text. 

To ALL THOSE who shiill sc'G or hear these presents — 
Greeting : 

Know, that whereas, in the year 1674, Captain 
JURRIAEN AERNOUTS, master of the frigate " The 
Flying Horse," from Cura9ao, and charged with a Commis- 
sion of his Highness the Prince of Orange, has conquered 
and subdued the coasts and countries of Nova Scotia and 
Acadie, in which expedition was also present and assisted, 
with advice and force, John Rhoade : 

Therefore w^e, after consulting the demand of aforesaid 
Rhoade, to establish himself in the aforesaid countries, and 
to remain there, and to maintain himself, have consented 
and permitted, and do consent and permit hereby, that the 
aforesaid Rhoade, in the name and 1)}^ the consent of 
the General West India Company, shall take possession of the 
aforesaid coasts and countries of Nova Scotia and Acadie, 
in whatever place of that district it may please him, to build 
houses and to establish, to cultivate, and to keep in repair, 
plantations ; that he ma}^ trade and negotiate with the 
natives, and all others with whom the State of the United 
Netherlands and the aforesaid Company is in peace and 
alliance; in the first place, to send hither and thither his 
own goods and merchandize, after paying the duties to our 
Company ; in the second place, to defend and maintain 
himself against every foreign and domestic power of 
enemies. Also, we charge and commend our Managers, 
Captains, Ship-Masters, and all other officers in the service 
of our Company, and we request all persons who do not 
belong to our Company, not to trouble, or to disturb the 
aforesaid Rhoade ; but, after shewing this Connnission, to 



330 DOCUxMENTS RELATING TO THE 

assist him in the execution thereof, and to give him all help, 
aid and assistance. 

Given at Amsterdam, Sept'r 11, 1676. 

(Signed) GASPAR PELLICORNE. 

For ordinance of the aforesaid Directors, 

(Signed) C. GANINE. 



LXXIX. 

APPOINTMENT OF CORNELIS STEENWYCK AS GOV- 
ERNOR OF NOVA SCOTIA AND ACADIA, BY THE 
GENERAL WEST INDIA COMPANY. 

OCTOBEK 27 -I nnn 

November 7' -'^'^'"• 

jSou7'ces. 

The " appointment of the installation " of Cornel is Steen- 
wyck by the directors of the privileged General West India 
Company of the United Netherlands, ^^oVtmWl. ^'^76, gave 
him jurisdiction over '• the coasts and countries of Nova 
Scotia and Acadie, including the subordinate countries and 
islands, so far as their limits are extended, to the east and 
north from the River Pountegouycet [Penobscot]." A 
letter of instruction which accompanied the commission to 
Steenwyck cautioned him against any measures that would 
prejudice the previous commission to John Rhoades. 

According to Brodhead, Steenwyck was a burgomaster 
of New Netherlands who held various positions under Dutch 
governors. His connection with Maine history was so brief 
that little or no mention has lieen made of it by most histo- 
rians. That the possibilities impending at that time may 
be better understood, the commission which gave a Dutch 
governor to eastern Maine is here inserted. 

The translation is from the original commission in the 
possession of the New York Historical Society. It was 
published by J. Watts de Peyster, in a })aper read before 
the society March 3, 1857, entitled "The Dutch at the 
North Pole and the Dutch in Maine, 73-75 ; and another 
translation was printed by Charles Wesley Tuttle, "The 



TEUKITOKIAL HISTORY OF MAINK. 331 

Dutch Conquest of Acadio and Other Ili.stoiieal Papers " 
(Boston, 1889), Appendix XIII., 378-380. 

The text adopted is that of De Peyster's translation from 
the original. 

Text. 

APPOINTMENT OF THK INSTALLATION OF 
CORNELIS STEENWYCK, 

As GOVEKNOR OF NoVA ScOTIA AND ACADIE. 

The Directors of the Priviliged General West India 
Company of the United Netherlands. 
All those who shall see or hear these presents, Greeting : 

Know, that we, being convinced that the wealth of this 
Company would be greatly increased by the cultivation of 
those lands and places under the jurisdiction of our afore- 
said grantees, and that it will l)e useful that these aforesaid 
lands and places should not remain uninhabited, but that 
somebody be duly settled there, and populate the country ; 
and afterwards thinking on expedients by which the naviga- 
tion, commerce and traffic of the aforesaid Company, and of 
all others who belong to it, may after some time be increased 
and augmented ; so is it that we, wishing to put our useful 
intention in execution, for the aforesaid and other reasons, 
by which we are persuaded ; following the second article of 
our aforesaid grant, and by the authority of the high and 
mighty States-General of the United Netherlands, and upon 
mature deliberation of the Council, have committed and 
authorized, and we do commit and authorize, CORNELIS 
STEENWYCK, in the name of, and for, the High and 
Mighty and the Privileged General West India Company, 
to take possession of the coasts and countries of Nova Scotia 
and Acadie, including the subordinate countries and islands, 
so far as their limits are extended, to the east and north 
from the River Pountegouycet ; and that he, STEENWYCK, 



332 DOCUMENTS RELATING TO THE 

may establish himself there, and select such places for him- 
self, in order to cultivate, to sow, or to plant, as he shall 
wish. 

Moreover, to trade with the natives of the country, and 
all others with whom the Republic of these United Nether- 
lands and the aforesaid Company are in peace and alliance, 
to negotiate and to traffic in the goods and merchandizes 
belonging to them, send them hither and thither, and fit out 
ships and vessels for the large and small fisheries, to set the 
cargo ashore, to dr}' and afterwards to sell them, so as he 
shall think it best ; and, generally, to sustain and to main- 
tain himself and his fjimily, by no other than honest means. 

Moreover, that he, STEENWYCK, in the name of the 
High and Mighty, and of the General West India Company, 
will be admitted to make contracts and alliances and 
engagements with the natives of that country ; also to build 
some forts and castles, to defend and to protect himself 
against every foreign and domestic force of enemies or 
pirates ; and also to admit and to protect all other persons 
and families who wish to come under obedience to the 
Company, if they swear due faithfulness to the much 
esteemed High and Mighty, as their highest Sovereign 
Magistrate, to his Highness, My Lord the Prince of Orange, 
as the Governor-Captain and Admiral-General, and to the 
Directors of the Privileged West India Company. 

That moreover, the aforesaid STEENWYCK, with the 
title and power of Manager and Captain, will provide, deliver 
and execute every thing that belongs to the conservation of 
these countries, namely : — 

The maintenance of good order, police and justice, as 
would be required according to the laws and manners of 
those countries ; and principally that the true Christian 
reformed religion is practiced within the limits of his dis- 
trict, after the usual manner, that STEENWYCK, according 



TEKKIToitlAL HISTORY OF MAINE. 333 

to this, may place some one — it' lie is a fVee-ltoni subject 
of our union — in his office ; who, in name and authority, 
moreover, witli the title and a power as aforesaid, may take 
possession of the aforesaid countries to estal)Iish himself 
there ; and further, to do and execute all tliose things 
whereto STEENWYC'K, himself, in aforesaid manner is 
authorized; all those things nevertheless, without expenses, 
charges, or any kind of burdens to the Company ; and with 
the invariable condition that the aforesaid STEENWYCK, 
or the person whom he might place in his office, will be 
obliged to execute the present Commission and authoriza- 
tion within the next eighteen months, or that by negligence 
or failure Ihert-of it will l)e in our faculty and power to give 
such a Commission and authorization to other persons than 
STEENWYCK, or his Lieutenant, without any reference 
to this present one. 

Moreover, we have the aforesaid STEENWYCK, or 
his Lieutenant, so soon as they establish themselves within 
the limits of that particular, privileged and conceded dis- 
trict ; and we do privilege and concede freedom and immu- 
nity of all rights and recognizances for the time of six years 
successively. 

At last, and to conclude, that the aforesaid STEEN- 
WYCK, or his Lieutenant, within the limits of the aforesaid 
district, will have the right to distribute to others such 
countries and places for Colonies and farms as he shall 
think best ; and that the managers and principals of those 
Colonies and farms, for the time of six years, shall be 
entirely possessed of the aforesaid rights and recognizances. 

We command and charge also our Directors, Managers, 
Captains, Masters of ships, and all our other officers who 
may belong to them, that they will have to acknowledge, 
to respect, and to obey, the aforesaid CORNELIS STEEN- 
WYCK, or his Lieutenant, as Manager and Captain, within 



334 DOCUMENTS RELATING TO THE 

the limits of the aforesaid district ; and to procure, to give, 
and to afford him every help, aid, and assistance in the 
execution thereof, — seeing that we find it useful for the 
service of the Company. 

Given in Amsterdam, October 27, 1676. 

(Signed) GASPAR PELLICORNE. 

For ordinance of the aforesaid Directors. 
(Signed) C. GANINE. 



LXXX. 

JUDGMENT IN FAVOR OF FERDINANDO GORGES, 

PROPRIETOR OF THE PROVINCE OF MAINE, 

BY THE COUNCIL FOR TRADE 

AND PLANTATIONS. 

July 20/30, 1677. 

Sources. 

To the petition of Ferdinando Gorges for an adjustment 
of rights and claims to lands north of the Merrimac river, 
the Lords of the Committee of Trade and Plantations gave 
judgment July 20/30, 1677. Plots and counterplots 
among the interested parties had been in progress several 
years ; Gorges and Mason had pressed their claims with 
urgency ; and the Lords of Trade had been so zealous for 
the enforcement of the navigation acts that they employed 
Edward Randolph to investigate the condition of affairs in 
New England. Massachusetts, in self defense, had sent 
William Stoughton and Peter Bulkeley as agents to Eng- 
land to meet the demands of Mason and Gorgfes on the one 
hand, and to satisfy the Council for Trade on the other. 

The report of the committee confirmed Gorges's right to 
the Province of Maine, and restricted Massachusetts to ter- 
ritory lying within the bounds of the patent, " within the 
space of three English miles to the northward of the said 
river called Monomak alias Merrimack." 



TERRITORIAL HISTORY OF MAINE. 



335 



For a history of the manuscript from which the " Order 
in Council " was printed, the best work is that of WiMiam 
H. Whitmore, "A Bit)lio<rraphical Sketch of the Laws ot 
the Massachusetts Colony from lf)80 to 1(!86 " (Boston, 
1890). In 1843 Mr. Francis Colley Gray, librarian of 
the Boston Athenjcum, discovered a collection of manu- 
scripts, together with "A Coppie of the Libberties of the 
Massachusetts Collonie in New England [l(J41]." The 
name of Joshua Hutchinson, on the inside of the last cover, 
sujrjrests that Governor Thomas Hutchinson made use of 
his grandfathei''s volume, especially as several of the man- 
uscripts are printed in his " Collection ot Original Papers." 

Mr. Gray printed the manusci'ipts in 1843, in the Massa- 
chusetts Historical Society, " Collections," 3d Series, VHL, 
238-242. Extracts had been i)rinted by George Chalmers, 
"Political Annals of the Present United Colonies, from 
their Settlement to the Peace of 17(:)3" (London, 1780), 
505-507. 

The text adoi)ted is that of Mr. Gray. 

Text. 
AT THE COURT AT WHITEHALL, THE 20th JULY, 
1677. 



Lord Chancellor, 
Lord Treasurer, 
Lord Privy Seal, 
Duke of Ormond, 
Marquis of Worcester, 
Lord Chamberlain, 
Earl of Northampton, 
Earl of Peterborough, 
Earl of Sunderland, 
Earl of Bath, 



PRESENT. 

Earl of Craven, 

Lord Bishop of London, 

Lord Maynard, 

Lord Berkeley, 

Mr. Vice Chancellor, 

Mr. Secretary Coventry, 

Mr. Secretary Williamson, 

Mr. Chancellor of the Exchequer, 

Master of the Ordinance, 

Mr. Speaker. 



Whereas the Right honorable the Lords ot the Commit- 
tee for trade and plantations did, in pursuance of an order 
of the 7"' February last, make a report to the Lords of the 



336 DOCUMENTS RELATING TO THE 

matters in controversy between the Corporation of the Mas- 
sachusetts Bay in New England and Mr. Mason, Mr. Gorges 
touching the right of soil and government claimed by the 
said parties in certain lands there, by virtue of several 
grants from his majesties royal father and grandfather as 
followeth in haec verba : 

May it please your Majesty, 

Having received your Majesty's order in Council of the 
7th February last past, wherel)y we are directed to enter 
into the examination of the bounds and limits, which the 
Corporation of the Massachusetts Bay in New England on 
the one hand, and Mr. Mason and Mr. Gorges on the other 
do pretend by their several grants and patents to have been 
assigned unto them, as also to examine the patent and 
charters which are insisted on by either side, in order to 
find out and settle how far the rights of soil or government 
do belong unto any of them ; in the consideration whereof 
the Lords Chief Justices of your Majesty's courts of Bench 
and Common Pleas were appointed to give us their assist- 
ance, we did on the 5th April last, together with said Lords 
chief Justices, meet in obedience to your Majesty's com- 
mands, and having heard both parties by their counsel 
learned in the law, we did recommend unto their Lordships 
to receive a state of the claims made by both parties and to 
return their opinions upon the whole matter unto us, which 
their Lordships have accordingly performed in the words 
following : 

In obedience to your Lordship's order we appointed a 
day for the hearing of all parties and considering the mat- 
ter referred, having received from them such papers of 
their cases, as they were pleased to deliver, at which time 
all parties appearing, the Respondents did disclaim title to 
the lands claimed by the Petitioners and it appeared to us, 



TKKKITOKIAL I1IST(>I{Y OF MAIMO. 337 

that the said lands arc in tlie possession of several other 
persons not before us, whineupon we thought not tit to 
examine any claims to the said lands, it being in our opin- 
ion inn)i()i)er to judge of any title of land without hearing 
of the Tertenants or soidc other person in tlieir behalf; and 
if there be any Court of Justice upon the place, we esteem 
most proper to direct the parties to have recourse thither 
for the decision of any question of propriety, until it shall 
appear, that (here is just cause of complaint against the 
Courts of Justice there for injustice or grievance. 

We did in the presence of said })arties examine their sev- 
eral claims to the government. And the Petitioners having 
waived the pretence of a grant of government from the 
council of Plymouth, wherein they were convinced by their 
own counsel, that no such power or jurisdiction could be 
transferred or assigned by any colour of law, the question 
was reduced to the Province of Maine, whereto the Peti- 
tioner Gorges made his title by a grant from King Charles 
the first, in the fifteenth 3'ear of his reign, made to Sir 
Ferdinando Gorges and his heirs of the Province of Maine 
and the government thereof. In answer to this, the Re- 
spondents alleged, that long before, viz. in quarto Car. I. 
the government was granted them, and produced copies of 
letters patent, wherein it is recited, that the Council of 
Plymouth having granted to certain persons Territories thus 
described, viz. All that part of New England in America, 
which lies and extends between a great liver there com- 
monly called Monomak or Merrimack, and a certain other 
river there called Charles River, being in the bottom of a 
certain Bay there called the Massachusetts Bay, and also 
all and singular the lands and hereditaments whatsoever 
lying and ])cing within the space of three English miles 
on the south part of the said Charles river or of any or 
every part thereof; and also all and singular the lands 
Vol. I. 23 



338 DOCUMENTS RELATING TO THE 

and hereditainents whatsoever lying and being within the 
space of three English miles to the southermost part of 
the said Bay called Massachusetts Bay, and all those 
lands and hereditaments whatsoever which lie and be 
within the space of three English miles to the northward 
of the said river called Monomak alias Merrimack or to 
the northw^ard of any and every part thereof, and all lands 
and hereditaments whatsoever lying within the limits 
aforesaid north and south in latitude and breadth, and in 
length and longitude of and within all the breadth aforesaid 
throughout the main lauds there from the Atlantic and 
western sea and ocean on the east part to the south sea on 
the west. By the said letters patent the king confirmed 
that grant, made them a corporation, and gave them power 
to make laws for the governing of the lands and people 
therein. 

To this it was replied ; that the patent of the 4th Charles 
1st, is invalid. 1. Because there was a patent granted 18 
Jacobi, of the same thing then in being, wdiich patent was 
surrendered afterwards and I)efore the date of the other 15 
Charles 1st. 2. The grant of the government can extend 
no further than the ownership of the soil, the boundaries 
of which are recited in the patent, wholly excludes the 
Province of Maine, which lies northward more than three 
miles beyond the river Merrimack. 

We having considered these matters, do humbly conceive 
as to the first matter, that the patent of the 4th Charles 1st 
is good notwithstanding the grant made 18 Jacobi, for it 
appeared to us by recital in the patent 4th Charles 1st that 
the Council of Plymouth had granted away all their inter- 
est in the lands the year before, and it must be presumed 
they then deserted the government, whereupon it was law- 
ful and necessary for the king to establish a suitable frame 
of government, according to his royal wisdom, which was 



TERRITORIAL IIISTOKY OF MAINE. 339 

by the patent 4th Charles 1st, rnakin<2; tlie adventurers a 
corjxnation upon the phice. 

As to the second matter, it seems to us to be very clear, 
that the grant of the government 4th Charles 1st, extends 
no f'uitiici' than the boundaries expressed in the patent, and 
those boundaries cannot be construed to extend farther 
northwards alone the river Merrimack than three Enjjlish 
miles. For the north and south bounds of the lands 
granted, so far as the rivers extend, are to follow the course 
of the rivers, which made the breadth of the grant. And 
the words describing the length to com})rehend all the lines 
from the Atlantic ocean to the South sea, of and in all the 
breadth aforesaid, do not warrant the overreaching of those 
bounds by imaginar}' lines or bounds. Other expressions 
w'ould (in our humble opinion) be unreasonable and against 
the intent of the grant. The words of and in all the 
breadth afterward, show the breadth was not intended an 
imaginary line of l)readth laid upon the ])roader part ; but 
the breadth respects the continuance of the boundaries by 
the rivers, as far as the rivers go, but where the known 
boundary of breadth determines, it must be carried on by 
imaginary lines to the South sea. And if the Province of 
Maine lies more northerly than three English miles from 
the river Merrimack the patent of 4th Charles 1st gives no 
right to govern there, and thereupon the })atent of the same 
15th Charles 1st to the Petitioner Gorges will be valid. 

So that u[)on the whole matter we are hunil)jy of opinion, 
as to the power of government, that the respondents the 
Massachusetts and their successors by their patent 4° ]\Iartii 
4° Caroli primi have such rights of government as is granted 
them by the same patent, within the boundaries of their 
lands expressed therein, according to such description and 
expression as we have thereof made as afor(»said. And the 
Petitioner Sir Ferdinando Gorges his heirs and assigns by 



340 DOCUMENTS RELATING TO THE 

the patent third April, 15th Charles 1st, have such right of 
goverament as is granted them by the same patent within 
the hinds called the Province of Maine according to the 
boundaries of the same expressed in the same patent. 

Rich Rainsford, 
Fra North. 

All which being the opinion of the Lords chief Justices 
and fully agreeing with what we have to report unto your 
Majesty upon the whole matter referred unto us by the said 
order, we humbly submit the determination thereof to your 
Majesty. 

Anglesey, Craven, J. Williamson, 

Ormond, H. London, Tho. Chicheley, 

Bath, G. Carteret, Edw. Seymour. 

Which having been read at the Board the 18th inst., it 
was then ordered, that the said Mr. Mason and Mr. Gorges, 
as also the agents for the Corporation of the Massachusetts 
Bay, should be this day heard upon the said report, if they 
have any objections to make thereunto. In pursuance 
whereof all parties attending with their counsell who not 
alledging any thing so material as to prevail with his Maj- 
esty and the Board to difter in judgment from the said 
report, his majesty thereupon pleased to approve and con- 
firm the same and did order, that all parties do acquiesce 
therein, and to contribute what lies in them to the punctual 
and due performance of the said report as there shall be 
occasion. 

John Nicholes. 



TERRITORIAL HISTORY OF MAINE. 341 



LXXXI. 

ABSTRACT OF TIIP: TREATY OF WESTMINSTER, 

BETWEEN CHARLES II. OF ENGLAND AND THE 

STATES GENERAL OF THE UNITED 

NETHERLANDS. 

March 3/13, 1G77/8. 

Sources. 

The treaty of defensive alHtince between Charles II. king 
of England and the States General of the Netherlands was 
concluded at Westminster March 3/13, 1677/8. This 
treaty followed the invasion of the "Duke's Territory" in 
Maine by the Dutch, and virtually annulled the temporary 
advantaixcs they had gained in that region ; at the same 
time it strengthened the claims of the Englisli over against 
the French. An abstract is accordingly inserted in this 
compilation of documents relating to the history of ]Maine. 

The earliest available source is " A General Collection of 
Treatys, Declarations of War, etc. '' (London, 1710), 183- 
188. An abstract is in " A Collection of Treaties of Peace 
and Commerce, Containing all those that have been Con- 
cluded from the Peace of Munster, inclusive to this time " 
(London, 1714), 131-133; another abstract, which is the 
one here and usually adopted as the best available source in 
English, is in Charles Jenkinson, "A Collection ot all the 
Treaties of Peace, Alliance, and Commerce, between Great- 
Britain and Other Powers, from . . . 1648 to . . . 
1783" (London, 1785), I., 213, 214. 

Text. 

I. THERE shall be sincere friendship, &c. between the 
kinj; and states. 

II. There shall be a strict alliance, &c. l)etween the said 
king and states for the mutual support of each other in 
peace. 



342 DOCUMENTS RELATING TO THE 

III. They promise and oblige themselves to be mutual 
guarantees of all treaties that shall be produced before the 
ratifications are exchanged, and of all others they shall 
make jointly, and to defend one another's territories if 
attacked . 

IV. The mutual obligation of assisting and defending 
one anothers extends to the maiutaiuance of all their rights, 
&c. both by sea and land. 

V. The party not attacked shall break with the aggressor 
within two months after the rupture, using all means to 
brino- thino-s to an accommodation. 

VI. If the states be attacked, his Britaunick Majesty 
shall make use of all his power by sea and land to bring the 
affsressor to reason. 

VII. The forces of the king and states shall act jointly 
or separately, as shall be concerted between them to annoy 
the common enemy. 

VIII. The states are to perform the same in case the 
King of Great Britain be attacked. 

IX. When the two allies are once in open war according 
to this treaty, it shall not be lawful for either to come to 
any cessation of arms with the enemy, without it be done 
conjointly. 

X. No treaty shall be begun by one of the allies, without 
the concurrence of the other ; nor peace or truce made by 
the one, without comprehending his ally. 

XI. The ally who is attacked may raise forces in the 
territories of the other. 

XII. The ratifications to be exchanoed within four weeks. 



TKKi:rioi:iAL iiistokv or maine. 343 



LXXXII. 

DEED OF THE PROVINCE OF MAINE TO JOHN 
USHER, BY FERDINANDO GORGES. 

March 13/23, 1677/8. 

Soui'ces. 

After the judixment of the Lords of Trade in favor of 
Ferdinaudo Gorires as the only hiwful owner of the Province 
of Maine, Gorges soon entered into negotiations for the 
transfer to Massachusetts of his newly established rights. 
Althoitah Stouiihton and Bidkeley were then in En<rl:ind as 
agents for Massachusetts, the deed of sale was executed in 
the name of John Usher, a Boston merchant, who had been 
at one time the treasurer of the colony. There were rumors 
that the king wished to secure the Province of Elaine for 
his natural son, the Duke of Monmouth ; for that reason 
the agents hastened to conclude the transaction with Usher 
for £1,250. The original receipt of purchase money, with 
Gorges's seal in red wax, is in " Massachusetts Archives," 
III.. 332, and is printed b}^ the Maine Historical Society, 
" Collections," II., 2(54. 

It is believed that the original deed to Usher does not 
exist. A certified copy is in the " Crown Commission 
Book," in the office of the secretary of state in Boston, and 
a similar transcript is in " Massachusetts Archives," III., 
323-328. A certified copy was made by Edward D. Bangs, 
secretary of the commonwealth of Massachusetts, for a 
"Statement on the Part of the United States, of the Case 
Referred, in Pursuance of the Convention of 1827 ..." 
(l)rinted but not published, Washington, 1829), Appendix 
XL, 93-96. From the transcript in the "Archives" it was 
printed by the Maine Historical Society, " Collections," II., 
257-260. 

The text adopted is that of the transcript in the 
"Archives." 

Text. 

Tins Indenture made the Thirteenth Day of March in 
the Thirtieth Year of the Reign of Our Sovereiiin Lord 



344 DOCUMENTS RELATING TO THE 

Charles the Second by the Grace of God of England, Scot- 
land France and Ireland King Defender of the Faith &c. 
Annoc|j Domini. 1677. Between Ferdinando Gorges of 
Clewer in the County of Berks in the Kingdom of England 
Esq"" Son and Heir of John Gorges late of the City of West- 
minster in the County of Middlesex Esq' Deceased who was 
Son and Heir of S"" Ferdinando Gorges late of Aston Phil- 
lips in the County of Somersett Knight of the One part, 
and John Usher of Boston in New^ England in America 
Merchant of the other part. Witnesseth That the said 
Ferdinando Gorges for and in Consideration of the Sum of 
One Thousand Two Hundred and Fifty Pounds of lawful 
English Money to him the said Ferdinando Gorges in hand 
well and truly paid by the said John Usher at and before 
the Sealing and Delivery of these Presents, The Receipt 
whereof the said Ferdinando Gorges doth hereby Acknowl- 
edge and thereof and of every part thereof doth Absolutely 
Acquit Discharge and Release the said John Usher his Heirs 
Executors and Administrators, and every of them by these 
Presents Hath Granted Bargained and Sold, and by these 
Presents Doth Grant Bargain and Sell unto the said John 
Usher and his Heirs All That County Palatine Part Pur- 
porty or Portion of the Main Land of New England afore- 
said called or known by the Name of the Province or 
County of Maine, beginning at the Entrance of Piscat- 



away Harbour and so to pass up the same into the River 
of Newichewannock and through the same unto the fur- 
thest Head thereof, and from thence Northwestward till 
One Hundred and Tw^enty Miles be finished; and from Pis- 
cataway Harbour mouth aforesaid Northeastward along the 
Sea Coast to Sagadahock, and up the River thereof to 
Kynybequy River, and through the same unto the Head 
thereof, and into the Land Northwestward until One Hun- 
dred and Twenty Miles be ended, being Accompted from 



TERRITORIAL HISTORY OF MAINE. 345 

the Mouth of Sagadahock, and fioin the Period of One 
Hundred :ind Twenty Miles afin-esaid to cross overland to 
the One Hundred and Twenty Miles and, formerly reckoned 
up into the Land from Piscataway Harbour through Newlch- 
ewannock River : And Also the North half of the Jsles of 
Shoales together with the Jsles of Capawocke and Nawtican 
near Cape Cod. as also all the Jslands and Jslets lying 
within Five Leagues of the Maine all along the aforesaid 
Coasts between the aforesaid Rivers of Piscataway and Sag- 
adahock, and all Lands Grounds Places Soils, Woods 
Waters Rivers Lakes Ports Havens Creeks and Harbours 
to the said Province Limits and Premisses or any part 
thereof belonging or in any wise appertaining or accepted 
or being part parcel or member thereof. And also all and 
Singular Royalties Fishings Royal and other minerals mines 
of Gold & Silver or other Metal or Mineral whatsoever, 
Waifes, Estra3^es, Pyrates goods, Deodands, Fines, Amer- 
ciaments, Wrecks, Treasure, Trove goods and Chattels of 
Felony and Felons of themselves. Jura Regalia, Powers, 
Rights, Jurisdictions Ecclesiastical Civil Admiral and Mili- 
tary Privilcdges Prerogatives Governments Liberties Jm- 
munities Franchises Authorities Profits Preheminences and 
Hereditaments whatsoever with their and every of their 
Rights INIembers and Appurtenances happening growing 
arising or accruing or to be exercised extended or enjoyed 
within the said Province Limits Coasts or other the Prem- 
isses or any part thereof, And also all other the Lands Ten- 
ements Jura Regalia Powers Franchises, Jurisdictions 
Royalties Governments Priviledges and Hereditaments what- 
ever granted or mentioned or intended to be granted unto 
the said S"" Ferdinando Gorges his Heirs and Assigns l)y 
Letters Patents under the Great Seal of England bearing 
Date the Third Day of April in the Fifteenth Year of the 
Reign of Our late Sovereign Lord King Charles the first, 



346 DOCUMENTS RELATING TO THE 

or by any other Letters Patents Charters Deeds or Convey- 
ances whatsoever; And also all other the Lands Tenements 
Royalties Jurisdictions Governments Franchises and Here- 
ditaments whatsoever of him the said Ferdinando Gorges 
Situate lying and being or happening arising or accruing 
or to be exercised or enjoyed within New England aforesaid 
or elsewhere in America aforesaid, and the Reversion and 
Reversions Remainder and Remainders Rents Jssues Ser- 
vices and Profits of all and Singular the Premisses and every 
part and parcel thereof, And all the Estate Title Interest 
Equity Trust Claim and Demand whatsoever of him the 
said Ferdinando Gorges of in and unto the Premisses and 
every part and parcel thereof. To Have and to Hold the 
said County Palatine Lands Tenements Jurisdictions Gov- 
ernments Franchises Hereditaments and Premisses therein 
before expressed and intended to be hereby' granted Bar- 
gained Sold and Conveyed, and every part and parcel 
thereof, with their and every of their Rights members and 
Appurtenances unto the said John Usher his Heirs and 
Assigns, To the only Use and Behoof of the said John 
Usher his Heirs and Assigns forever. And the said Fer- 
dinando Gorges for himself his Heirs Executors and Ad- 
ministrators and every of them doth Covenant Promise and 
Grant to and with the Said John Usher his Heirs & Assigns 
by these Presents, That he the said Ferdinando Gorges 
(Notwithstanding any Act Matter or anything by him the 
said Ferdinando Gorges or the said John Gorges his late 
Father Deced, or the said S"" Ferdinando Gorges done exe- 
cuted or suffered to the Contrary') now is and Staudeth 
Seized of an Absolute perfect and Indeteasable Estate of 
Jnheritance in Fee Simple of and in the said County Pala- 
tine Lands Tenements Jurisdictions Franchises Heredita- 
ments and Premisses hereby granted and Conveyed or 
mentioned or intended to be hereby granted and Conveyed 



TEKHITOKIAL IIISTOKV OF MAINE. 347 

and every part and parcel thereof, with their and every of 
their Kiuhts Members and Ap|)urtenance.s without any man- 
ner of Condition Restraint Contingency Limitation or power 
of Revocation to Alter Charge Clog Evict or determine the 
same. And also that the said Ferdinando Gorges for and 
notwithstanding any act or thing as aforesaid now hath full 
power true Title real Jnterest and Absolute Authority to 
Grant and Convey the said County Palatine Lands Tene- 
ments Jurisdictions Governments Franchises Hereditaments 
and Premisses, and every part and parcel thereof with their 
and every of their Rights Members and Appurtenances unto 
the said John Usher his Heirs and Assigns as in and by 
these Presents is mentioned and expressed. And Further 
that the said County Palatine Lands Tenements Jurisdic- 
tions Governments Franchises Hereditaments and Premisses 
hereby Conveyed or mentioned and expressed to be hereby 
Conveyed at the time of the Sealing and Delivery of these 
Premisses are and so at all times hereafter shall remain 
Continue and be to the said John Usher his Heirs and As- 
signs free and clear, and freely and Clearly Acquitted Dis- 
charged and Jndemnitied or otherwise Sufficiently and 
effectually Saved harmless of and from all manner of former 
and other Gifts Grants Bargains Sales Wills Entails Mort- 
gages Rents Charges Arrearages of Rents Fines Amercia- 
ments Statutes Recognizances Judgments Del)ts & Accompts 
to the Kings Majesty, Jntrusions Seizures Extents & Execu- 
tions and of and from all and Singular other Charges Estates 
Titles Troubles Jncumbrances and Demands whatsoever had 
made committed procured occasioned, done or suHered by 
the said Ferdinando Gorges or by the said John Gorges 
late Father of the said Ferdinando Gorges, or by the said 
S"" Ferdinando Gorges or by any other Person or Persons 
whatsoever. Claiming by from or under him them either or 
any of them. Except all Leases Grants and Conveyances of 



348 DOCUMENTS RELATING TO THE 

any Lands parcel of the Premisses Bona Fide made by the 
said John Gorges Deceased or by the said S"" Ferdinando 
Gorges in Order to the planting of the same Province upon 
which is reserved respectively some acknowledgment Rent 
Duty or Service, and also except One Jndenture of Grant 
and Confirmation made by the said Ferdinando Gorges unto 
One Nathaniel Phillips of parcel of the Premisses bearing 
Date the Sixth Day of May in the Two and Twentieth Year 
of His now Majesty's Reign, and to the Heirs of the said 
Phillips, and the said Ferdinando Gorges for himself his 
Heirs Executors and Administrators doth Covenant Promise 
and Grant to and with the said John Usher his Heirs and 
Assigns, and all and every other Person and Persons law- 
fully having Claim of or deriving any manner of Estate 
Right Title Jnterest Equity Trust or Demand whatsoever of 
in or to the said County Palatine Lands Tenements Juris- 
dictions Governments Franchises Hereditaments and Prem- 
isses hereby conveyed or mentioned or intended to be 
hereby Conveyed, and every part and parcel thereof, with 
their and every of their Rights Members and Appurtenances 
by from or under him the said Ferdmando Gorges or John 
Gorges Deced, or by from or under the said S"" Ferdinando 
Gorges either or any of them (except as l^efore excepted) 
Shall and will from time to time and at all times hereafter 
during the Space of Seven Years next ensuing the Date of 
these Presents upon the reasonable request and at the Cost 
and Charges in the Law of the said John Usher his Heirs or 
Assigns make suffer perfect and Execute or cause and pro- 
cure to be made Suflered perfected and executed all and 
every such further and other lawful and reasonable Act and 
Acts thing and things Device and Devices Conveyances 
and Assurances in the Law whatsoever for the further better 
more absolute and effectual Surety and Sure making of 
the said County Palatine Lands Tenements Jurisdictions 



TKIJKITOKIAL HISTORY OF MAINE. 349 

Goverments Franchises Ileieditamonts and Premisses with 
their and every of their Rights Meinhers and Appurtenances 
unto the Said John Usher his Heirs and Assigns according 
to the true Jnteiit and meaning of these Presents Be it l)y 
Fine or Fines with Prochimations Recovery or Recoverys 
Deed or Deeds inrolled, the JnroUment of these Presents 
Release Contirmation or otherwise or by all or as many 
Ways or means whatsoever as by the said John Usher his 
Heirs and Assigns or his and their Council learned in the 
Law shall be reasonal)ly devised advised or required : so as 
no further or other Warranty or Covenant be therein con- 
tained or imi)loyed than against such Person and Persons 
respectively, who shiill be so required to make the same : 
and so as such Person and Persons be not ('omi)elled or 
Compellable to travail further for the Doing thereof than 
the place of his or their Habitation. In witness whereof 
the Parties abovenamed to these Present Jndentures have 
Jnterchangeably set their Hands and Seals the Day and 
Year first above written 

Ferdinando Gorges 
& A Seal Append' 

Deed of Maine to John Usher 

Endorsed 

Sealed and Delivered with these Words (& also Except 
One Jndenture of Grant and Confirmation made by the said 
Ferdinando Gorges unto One Nathaniel Phillips of parcel of 
the Premises bearing Date the Sixth Day of May in the 
Two and Twentieth Year of His now Majestys Reign and 
to the Heirs of the said Phillips) interlined between the 
Eight and Thirtieth and Nine and Thirtieth lines of this 
Jndenture before the insealing and Delivery thereof in the 
Presence of us,/ Robert Lee, Richard Ponner. John Phillips 
Robert Humphreys. AVilliam Hawkins 



350 DOCUMP]NTS RELATING TO THE 

IiTotulatur in Memor and Saci Doni Regis Caroli Sedi 
apud Westni (Vizt) inter Con? de Tefmio Parch*^ anno 
tricessimo Rothe eg. pte Remendator ejus'' Dni Regis — 

Creggins. 



LXXXIII. 



DEED OF THE PROVINCE OF MAINE TO THE GOVER- 
NOR AND COMPANY OF MASSACHUSETTS BAY, 
BY JOHN USHER. 

March 15/25, 1677/8. 

Soiirces. 

The deed of the Province of Maine to the Governor and 
Company of Massachusetts Bay, by John Usher, March 
15/25, 1677/8, tollowed the transfer from Gorges to Usher 
by only two days. The Province of Maine was now by 
actual conveyance the property of Massachusetts. From 
that date until the separation in 1820 Masssachusetts exer- 
cises all the rights of sovereignty in the territory which, at 
last, she had legally acquired. 

The deed of sale was recorded in the " Crown Commission 
Book," in the secretary's office in Boston, December 12/23, 
1718, and in York, March 10/21, 1718/19. It was printed 
from the "Crown Commission Book" in a "Statement on 
the Part of the United States, of the Case referred in pur- 
suance of the Convention of 1827 ..." (printed but not 
published, Washington, 1829), Appendix XL, 96, 97; and 
from the York records by the Maine Historical Society, 
"Collections," II., 261-264. 

The text adopted is that of " York Deeds," IX., fols. 
158-160. 

Text. 

This Indenture Made the fifteenth day of March in y* 
Thirtyeth year of y^ reign of Our Soveraign Lord Charles 



TEKKITOKIAL llISTOliY OF MAINE. 351 

y" Second hy y'^ iriace of God of Enirland Scotland frranco 
& Ireland King Defend"" of y'" faith &c" Annocj, Domini 1G77 
Between John Vsher of Boston in New England in America 
Merch' of y' One part And y*" Govcrno'' & Company of of 
Massachusets Bay in New England of y'' Other part Wit- 
nesseth that y" s'' John Vsher for & in Consideration of y*' 
Sum of One Thousand Two hundred and fifty pounds of 
Lawfull English money to him y'' s'' John usher in hand 
well & truely paid hy y" s'^ Governo' at & before the Sealing 
& Delivery of these presents y'' rec* whereof y'' s'' John 
Usher (loth hereby Acknowledge & thereof & of Every part 
thereof doth Absolutely Exonerate Acquit & discharge y" 
s^ Governo'' & Company & their Successors by these pres- 
ents hath granted I)argained Sold released & Contii-med & 
by these presents doth grant bargain Sell release & Confirm 
unto y^ 8'' Governo"" & Company their Successors & Assigns 
forever All that County Palltitine part purtorty or portion 
of y" Maine land of New England Afores'' Called or known 
by y® Name of y'' County or Province of Maine beginning 
at y* Entrance of Piscattaqua Harbour & So to pass up y^ 
Same into y® river of Newichewanock & through y" Same 
unto y* furthest head thereof & from thence Northwestward 
till One hundred & Twenty Miles be finished & from Pis- 
cattaway Harbours Mouth Afores'' Northeastward Along y*" 
Sea Coasts to Sacadehock & up y* river thereof to Kyny- 
begny river & through the Same unto y"" head thereof & 
into y'' land northwestward untill One hundred & twenty 
Miles be Ended being Accompted from y^ Mouth of Saga- 
dahock & from y"" Perion of One hundred & Twenty Miles 
Afores*^ to Cross over land to y'' One hundred & Twenty 
Miles End formerly reconed up into y' land from piscataway 
harl)our through Newichewanock river & Also y^ North 
halfe of y^ Isles of Shoals Together with y^ Isles of Capea- 
wock and Nawtecan Near Cape cod As Also All y' Islands 



352 DOCUMENTS RELATING TO THE 

& Islets being within five Leagues of y" Maine All Along 
y^ Afores*^ Coasts between y'= Afores*^ rivers of Piscattaway 
& Sagadahock & All lands grounds places Soyles woods 
Waters rivers lakes ports Havens Creeks & harbours to y® 
s'' to y*^ s*^ Province Limits & premisses or Any part thereof 
belonging or in any wise Appurtaining or Accepted or being 
part parcell Meml^er thereof & Also All & Singular Roy- 
altys fiishings Royall & other Minerals Mines of Gold & 
Silver or other Mettal or Mineral whatsoever Waifs Estrayes 
Pirates goods Deodands fines Amerciam*^ wrecks Treasure 
Trove goods & Chattells of ifellons & flellons of themselves 
Jura Regaliee powers rights Jurisdictions Ecclesiastical Civill 
Admiral & Millitary priviledges prerogatives Governm'* Lib- 
ertys Imunitys fi'ranchises Authoritys profits preheminencies 
& heriditam^' whatsoever with their & Every of their rights 
members & Appurtenances happening growing Ariseing or 
Accrueing or to be Exercised Extended or Enjoyed with in 
ye gd Province Limits Coasts or other y*" premisses or Any 
part thereof with all other y*" Lands Tenem' & heriditam*^ 
Royaltys & Jurisdictions whatsoever in New England in 
America or Elsewhere in America Afores'^ of S"" fferdinando 
Georges Knight dec*^ John Gorges Esq" dec*^ & fferdinando 
Georges Esq*" or Either of them in As full & Ample manner 
to all Litents Constructions & purposes As y® Same were 
granted & Conveyed unto y*^ s*^ Jn° Vsher & his heires & y® 
revercon & revercons remainder & remainders rents Issues 
Services and profits of All & Singular y'^ premisses & Every 
part & parcell thereof And All y*^ Estate Title Interest 
Equity trust Claime & Demand wdiatsoever of him y^ s** 
John Vsher of in & to y*" premisses & Every part parcell 
thereof And All y^ Estate Title Interest Equity trust Claime 
& Demand whatsoever of him y^ s*^ John Vsher of in & to y® 
premisses & Every part & parcell thereof. Together with all 
Letters Pattents deeds Evidencies and writings Concerning 



TKItKITolMAL IIISIORY OF MAINE. 353 

y* premisses only or only Any p.irt tlici-eof To Iliive & 
To Hold tiles'' County PiiUatinc Lunds Tennenient Jurisdic- 
tions Governni''* llVancliises heriditaiu'^ & premisses herein 
before Expressed and Intended to be hereby granted bar- 
gained Sold & Conveyed & Evcvy part i.^ parccdl thereof 
with their & Every of their rights members & Appur*^'^ unto 
y" s** Governo'' & Company their Successors & Assigns to 
3'" only use & behoofe of y*^ s"^ Governo'' & Company their 
Successors and Assigns forever Together witii all Loiters 
Pattents Deeds Evidences & writings Concerning y*" prem- 
isses only or only Any part thereof & y*^ s'' John Vsher for 
himselfe his heirs Ex'' & Adm'^ & Every of them doth Cov- 
enant promiss & grant to & with y" s'^ Governo"' & Company 
their Successors &, Assigns by these i)resents that he y" s*^ 
John Vsher Notwithstanding Any Act matter or thing by 
him y" s** John John Vsher or any Claiming by from or under 
him done Executed or Suffered to y® Contrary Now is & 
Standeth Siezed of An Absolute [)erfect & Indefeazible 
Estate of Inheritance in tiee Simple of & in y** s** County 
Pallatine Land Tenements Jurisdictions Governm'* tfran- 
chises Ileriditam*' & premisses hereby granted & Conveyed 
or Mentioned or Intended to be hereby granted & Con- 
veyed & Every part & parcell thereof with their & Every 
of their rights memb""* & Appurtenances without Any Man- 
ner of Condition restraint Contingency Limitation or power 
of revocation to Alter Change Clogg Evict or determin y° 
Same & Also that y" s'' John Vsher for & Notwithstanding 
Any Act or thing As afores'' Now hath full power True 
Title real Interest & Absolute Authority to grant & Convey 
y* s'' County Pallatine lands Tenements Jurisdictions Gov- 
ernm*^ llVanchises Heriditam'^ & l)remis(;s & Every part it 
parcell thereof with their & every of their rights Members 
& Apurten*^"'^ unto y"" s'' Governo'' & Company their Succes- 
sors & Assigns As in & by these presents is Mentioned & 
Vol. I. 24 



354 DOCUMENTS RELATING TO THE 

Expressed And further that y^ s^ County Palhitine Lands 
Tenem'^ Jurisdictions Governm^** fFranchises Heriditain*^* & 
premisses hereby Conveyed or Mentioned & Expressed to 
be hereby Conveyed At y*" time of y*^ Sealing & Delivery 
of these p'sents are & So At any time hereafter Shall 
remaine Continue & be to y" s*^ Governo"" & Company 
their Successors & Assigns free & Clear & freely & Clearly 
Acquitted discharged & Indempnified or otherwise Suf6- 
ciently & Effectually Saved harmless of & from all raaner of 
former & other gifts grants bargains Sales Wills Entails 
Mortgages rent Charges Arrearages of rent fines Amerciam" 
Statutes recognezances Judgm*^ Debts & Accompts to y^ 
Kings Maj''' Intrusions Seizures Extents & Executions & of 
& from all & Singular other Charges Estates titles troubles 
Incumbrances & demands whatsoever had made Comitted 
procured Occasioned done or Suffered by y*' s'' John Vsher 
or by Any other p''son or p''sous whatsoever Claiming by 
from or under him or Any of them Excepting One Inden- 
ture of Lease for y" premisses One Thousand years bareing 
date the fourteenth day of this Insta' March One thousand 
Six hundred Seventy Seven & Made or Mentioned to be 
made between y^ s'' John Vsher of y*' first part & Iferdinando 
Gorges of Clewers in y*^ County of Berks Esq"" of y*^ other 
part for y^ Consideration therein Mentioned. And y* s*^ 
John Vsher for himselfe his heirs Ex""^ & Adm"^ doth Cov- 
ena* promiss & Grant to & with y^ s'^ Governo"" & Company 
their Successors & Assigns by these presents that y® s** John 
Vsher his heirs & Assigns & All & Every other p''son & 
persons Lawfully haveing Claiming or deriving Any Maner 
of Estate right Title Interest Equity trust or-demand what- 
soever of in or to y^ s'* County Pallatine Lands Tenem** 
Jurisdictions Governra*^^ fii-anchises Heriditam'' & premisses 
hereby Conveyed or Mentioned or Intended to be hereby 
Conveyed & Every part & parcell thereof with their & 



TEKHITOIMAL HISTOIiY OF MAINE. 355 

Every of their riirhts members & Appiulcniinces by from or 
unci"" him y'' s*^ John Vshcr or any Chiiminu: by from or 
under hiu) Excoi)t before Excepted) shall & will from time 
to time & At all times hereafter diireing y* Space of Seven 
years Next Ensueing y^ Date of these presents upon y* 
reasonable request & At y'^ Cost & Charges in y' Law of y' 
s^ Governo'' & Company their Successors or Assigns make 
Sufier perfect and Execute or Cause to be made Suffered 
perfected & Executed all & Every Such further & other 
Lawilill & reasonable Act & Acts thing & things device & 
devices Conveyances & Assureances in y* Law whatsoever 
for y^ further better more Absolute & Effectual Surety & 
Sure makeing of y« s" County Pallatine Lands Tenem'^ Juris- 
dictions Governments fJVanchises heriditam'" & premisses 
with their & Every of their rights Members & Appurte- 
nances unto y« s" Governo"" & Company their Successors & 
Assignes According to y" True Intent & Meaning of these 
presents be it by fine or fines with Proclamations recovery 
or recoverys deed or deeds Inrolled y* Inrollm' of these 
presents release Confirmation or otherwise or by all or As 
many wayes or Means whatsoever as by y^ s** Governo"" & 
Company their Successors & Assigns or their or Any of 
ther Councill Learned in y« Law shall be reasonably Devised 
Advised or required So as No further or other Warranty or 
Covenant be therein Contained or Imployed than Against 
Such person & persons respectiuely who Shall be So 
required to make y^ Same & So As Such person & psons be 
not Compelled or Compellable to Travail further for y* 
Doing thereof than y*^ i)lace of his or their Habitation. In 
Witness whereof the {jartys Above Named to these present 
Indentures have Interchangeably Set their hands & Seals y* 
day & year first above written./ — 
Signed Sealed & Delivered John Vsher ( seai ) 



356 DOCUMENTS RELATING TO THE 

with these words/, with all other y^ Land Tenera*' & 
heriditain'^ royultys & Jurisdictions whatsoever in New 
England or Elsevvhere in America Afores*^ of S"" fferdinando 
Georo;es Kn' dec*^ & John Georges Esq"" dec*^ & fferdinando 
Gorges Esq"" or either of them) Interlined between y^ 
Eighteenth & Nineteenth Lines) And these word Together 
with all Letters pattents deeds Evidences & Writings Con- 
cerning the premisses Only or only Any part thereof Inter- 
lined Also between y*^ Twentyeth & One & Twentyeth 
lines of y'' Within written Indenture & y® rasure made in ye 
Seven & Thirtyeth And Eight & Thirtyeth lines thereof 
between y*^ Words or any of them & Excepting before y® 
Ensealing & Delivery hereof in presence of us 

'William Stoughton 
Peter Bulkeley 
•{ Butler Buggin 
Robert Huujphreys 
^Barth ; Burton 
Recorded in y^ records in y® Secretarys OiBce in Boston 
y« 12'^'day of Dec-- 1718 — 

p J Willard Secref^ 
Recorded According to y*' Original March 10"^ 1718/9 

p Jos. Hamoud Reg"^ 



LXXXIV. 

ORGANIZATION OF GOVERNMENT IN THE PROVINCE 

OF MAINE, BY THE GENERAL COURT OF 

MASSACHUSETTS BAY. 

February 4/14, 1679/80. 

Sources. 

The displeasure of King Charles II. at the purchase of 
the Province of Maine, which he had designed for the Duke 



TERlilTOUIAL HISTOKY OF MAINE. 357 

of Monmouth, necessitated some action on the part of Mas- 
sachusetts that would insure protection of paramount ri^/hts 
in the purchased possessions. To meet tlie emerjrency a 
pi'ovincial assembly was arranged, and Thomas Danforth, 
de|)uty-i>()vernor of Massachusetts, was appointed [)resident 
of the Province of Maine. 

Extracts from " Records of the Governor and Company 
of the Massachusetts Bay in New Enirhmd," V., 2G3, 2a6, 
287, will show the character of the new government. 

Text. 

[February 4/J4, 1679/80.] 
This Court, taking into consideration the necessity of a 
speedy establishing a gove^'m* in the Prouince of Majne, & 
the present season requiring a speedy issue of this sessions 
of Court, the honoured council of this jurisdiction is 
requested, and heereby empowred, to take order for selling 
the sajd goQment, and appointing a praesident, w"' justices 
of the peace & other officers, as is directed in M"" Gorges 
patent, & to coiTiissionate the same accordingly vnder the 
scale of this colony ; and this to be in force vntil the next 
Court of Election here, & vntill further order to bo taken 
by this Court therein. . . . 

[June 4/14, 1680.] 
To the inhabitants of Casco, w"'in the Province of Mayne 
Gent" & loving Friends : — 

Wee are informed that some disturbance hath been given 
yow in yo"" resetling, by the threatnings of some persons 
whose practises cannot be warranted by his maj''" royall 
charter, granted to S"" Ferdinando Gorges, Kn^ who was 
the first proprietor of sajd province, and the right whereof 
is now invested in ourselues. These are to signify vnto 
you, that as wee haue taken order for the setling of govern- 
ment according to sajd charter, so our care shalbe for the 
protection & prouission in all respects, as in duty wee are 
bound, &, for yo"" better incouragement and security, haue 



358 DOCUMENTS RELATING TO THE 

made a grant of a touneship vpon the northern side of your 
bay, and are consulting the peopling & improovement of 
the islands adjacent ; and on signification from yourselues 
of what is necessary by us further to be doune for the 
security of your peaceable setlement, shall giue the same a 
due allowance in our consultations, and make such conces- 
sions as may consist with his maj^J" royall grant of sajd 
charter & your best good. Wee haue no more to add, but 
commend you to the guidance & proteccon of Him who is 
God Allmighty, and are 

Gent", your loving friends, 
SYMON BRADSTREET, GoQn^ 

By the order of the Goiino' & Company of Y^ Massachu- 
sets Bay. 

Boston, in New Engid, 4 June, 1680. 

[June 11] 

It is ordered, that M"" Bartholomew Gidney, Escfj, Capt 
Joshua Scottow, & M"" Silvanus Dauis be a coiuittee to 
mannage the affliires of the new plantation granted at Casco 
Bay, and are heereby impowred, for the bennefit of sajd 
plantation in building a fort, to sell one hundred pounds 
worth of land w'^''in the sajd province. 

The Court, hauing read the returne of our present hon- 
no'"'* Dep* Gouln'', Thomas Danforth, Escjj, praesident of the 
Province of Mayne, & other gentlemen implo3^ed in the 
setlement of government there, doe approove thereof, and 
thankefully accept of their good service therein, & shallbe 
willing & ready to manifest the same, as occasion may pre- 
sent, in such suitable retribution as may euidence the real- 
lity of our thankfulnes for their extraordinary pajnes & 
labour therein, not doubting of his honno''s readynes to be 
further serviceable in anything wherein wee may haue occa- 
sion & himself opportunity so to doe. 



tp:i{Hitohial iiisroitY ok maink. 359 



LXXXV. 

THE WRIT OF QUO AVARRANTO, BY KING 
CHARLES II. OF ENGLAND. 

June 27 ^.yg^ 
July T' 

Sources. 

Duriiiij the Gorges-Mason controversy it was evident 
that there were schemes on foot to deprive Massachusetts 
of the preroiratives she had so long exercised. AN'hen 
Edward Randolph arrived with the writ of quo ivairanto 
which the kinir issued 'l^^l^.^], 1(583, the blow had at last 
fallen. 

A proclamation, issued in July, assured the colonists that 
the writ did not atfect private interests, and that, on sub- 
mission and resignation, the charter should be regulated 
" in such manner as shall l)e for our service and the good 
of that our colony ; " also that [)ersons " questioned " must 
maintain suit at their own charges (" Massachusetts 
Records," V. 423). 

Since the writ had failed to intimidate the ])ertinacious 
people of Massachusetts Bay, a scire facias was iss.ued and 
the charter was cancelled by the high court of chanceiy 
June 18/28, 1G84. After the accession of James II. in 
1685 an " Exemplification of the Judgnient for vacating the 
Charter of the Massachusetts Bay in New England " set 
forth the grounds of such proceedings. The principal 
causes alleged were the levying of money without authority, 
the " coyning " of money, and the imposing of an oath of 
fidelity to their government. The " Exemplification " was 
published from a contemporar}' manuscript in the possession 
of the Massachusetts Historical Society, " Collections," 
Fourth Series, II., 24(5-278. 

A Latin transcript of the quo warranto " y' was isucd 
out ag' the Golino'' & Com})any " is in " Massachusetts 
Archives," CVI., 301, and is also in the printed " Massachu- 
setts Records," V., 421-422. With the peculiar seven- 
teenth-century abbreviations it is in the present da}' a legal 



360 DOCUMENTS RELATING TO THE 

curiosity rather than an intelligible threat. That the con- 
tinuity of events may be preserved the writ is included in 
this series of documents. 

The text is that of the printed " Records." 

Text. 
Carolus Se'^us, Dej s-'i Angi, Sco% Franc, & Hifenia, 
Rex, Fidej Defense"', sc vilibz London, saltm p''cipim & voft 
q** venire fa° cora noli a dje in Michis in tres septm, vbicuncc^ 
tunc fuim in Angt, Symon Bradstreet, nup de London, Ar, 
Thonia Danforth, de eadm, Af Daniel Gookin, de eadm, 
Ar, Johem Pinchen, de eadm, Af, Willjam Stoughton, de 
eadm, Af, Petru Bulkley, de eadm, Af, Nathaniel Salten- 
stall, de eadm, Af, Humfrid Davy, de eadm, Af, Willi 
Broune, de eadm, Af, Samuel Nowell, de eadm, Af, Johem 
Hull, de eadm, Af, Jacobii Russell, de eadm, Af, Petru 
Tylton, de eadm, Af, Bartholo Gidney, de eadm, Af, 
Samuel Apleton, de eadm, Af, Robertu Pyke, de eadm, Af 
Daniel Fisher, de^, yeom, Johem Wajte, de eadm, yeom, 
Wjllm Johnson, de eadm, yeom, Edm Guinsey, de eadm, 
yeom, Elisha Cooke, de eadm, Geii, Elisha Hutchinson, de 
eadm, mercatof, Edm Batter, de eadm, yeoin, Laurentin 
Hamond, de eactm, yeom, Josepher Dudley, de eadm, Af, 
Johem Richards, de eadem, Af, Willia Torrey, de eadm, 
yeom, Johem Faireweather, de eadm, yeom, Anthony Stod- 
der, de eadm, yeom, & Daniel Turell, Seii, de eadm, nigdf 
fferraf, al respondent nob quo warranto clamat here, vtj et 
gaudere diiies libertaf, priuileg et franches infra ciuit Lon- 
don, & libta? ejusdm ac in omibz locis extra ciui? London 
p''d, infra hoc regri Angl, nee non in qua pluf partibz 
tfnsmafm, extra hoc regii Angl uude impetit sunt escheat 
ibi hoc bre. 

THOMA JONES, mil apud Westm, xxvij die Juuij, 
ann° regni ufi xxxv. 

ASTRY 



TKURITOKIAL IIIKTOKY OF MAINE. 361 



LXXXVI. 

DEED TO RICHARD WHARTON OF LANDS ON THE 

ANDROSCOGGIN RIVER, BY AVORUMBO AND 

OTHER SAGAMORES. 

July 7/17, 1G84. 

Sou7'ces. 

The deed of lands on the Androscoggin River to Richai'd 
Wharton by Worumbo and other Sagamores, July 7/17, 
lt)84, has played so important a part in the controversies 
of the Pejepscot Company that it is printed entire in this 
collection. 

Richard Wharton was a lawyer who wished to establish 
for himself a " manory " in New England ; with that end in 
view he procured from the heirs of Purchase and Way all 
their rights under the Pejepscot patent. He further ex- 
tended those rights by a deed from Worumbo, which not 
only included the territory covered I)y the Pui'chase claims 
but gave an " enlargement to the westward." By sale from 
Shapleigh Wharton also became the owner of ^lerriconeag 
and Sel)ascodegan. Although the Indians denied any trans- 
fer to the Kennebec Company, they always acknowledged 
the validity of the conve}ance to Wharton. Depositions 
state that possession was formally given ^ujust^l ^^Y " turffe 
and twig and l)ottle of water." This was one of the rare 
instances in which "seizin" was given according to all the 
ancient ceremonial. After Wharton died insolvent in 1(589, 
Cai)tain Ephraim as administrator sold the estate to the 
Pejepscot proprietors, November 5/16, 1714, the deed was 
recorded that same month at York. It was not, however, 
until 1<S14 that the General Court of Massachusetts termi- 
nated the long controversy concerning the " Upper Falls." 

The Pejepseot "Records" and "Papers," which are in 
the archives of the Maine Historical Society, contain valu- 
able material relative to the history of the proprietors under 
the Worumbo deed. A transcript of the deed is in "Pejep- 
scot Papers," VII., 147a ; the original, with livery and 
depositions was recorded in " Y(nk Deeds " IV., fols. 14-16 ; 



362 DOCUMENTS RELATING TO THE 

and it has been printed by George Augustus Wheeler and 
Henry Warren Wheeler, " History of Brunswick, Topshani, 
and Harpswell, Maine, including the Ancient Territory 
known as Pejepscot" (Boston, 1878), 12-15. 
The text adopted is that of the " York Deeds." 

Text. 

To all people to whonie these Presents shall come/ 
Know yee that w'as neare three scoore years since, Mr. 
Thomas Purchase deceased, came into this Countrey as wee 
haue been well Informed, & did as well by pouer, or Pattent 
deriued from the King of England, as by Consent, Contract, 
& agreement, with Sagatnores & proprietors of all the lands 
lijng on the Easterly side of Casco Bay, & on the both sides of 
Androscogan Riuer, & Kenebecke Riuer, enter vpon & take 
possession ofall the Lands, lijng foure Miles Westward from 
the uppermost falls, In sayd Androscoggan riuer, to Maquoit 
In Casco bay, &on the Lands on the other side Androscoggan 
Riuer, from al)oue sd falls down to Pegipscott & Merry 
meeteing bay, to bee l)ounded by a South West & North 
East lyne, to runiie from the vpper part of sd fails to Kene- 
becke Riuer, & all the Land from Maqcooit to Pegipscott, & 
to hould the same breadth where y^ Land will l)eare it, 
down to a place called Atkines his Bay, Neare to Sagade- 
hock are the Westerly side of Kenebecke Riuer, & all the 
Yslands In the sayd Kenebecke Riuer & land between the 
sd Atkines his bay, & smiill poynt Harbour, the Land & 
riuer & ]^onds interiacent, Contajneing y'in breadth, about 
three Englisli Miles more or less ; And w''as wee are well 
Assured, that Majo"" Nicho' Shapleigh In his life tyme, was 
both by [)urchase from the Indeans Sagamores, our Ances- 
tors, & Consent of M"" Gorg' Comissio'' possessed, & dyed 
seized of the remajnder ofall y'" Lands, lijng & Adioyneing 
vpon the Mayne, & all the Yslands between the sd small 
Poynt Harbour, & Mayquoit aforesd, & Prticularly of a 



TEKRITOHrAL HISTOIiY OF MAINK. 3G3 

Necke of land called Mereconee*r, & tin ysland Called 
Sebascoa Diuuin, & w''as the relicts & lieyres of sd Mr 
Purchase, & Majo'' Nichol'' Shapleiirh hauo reserved accomo- 
dations for thejr seuerall faiiiilys, soiild all the remainder 
of the aforesd Land, & Ysland, to Kichard Wharton of 
Boston ^Pchant & for as much as the sd ^Ir Purchase did 
Personally possess, Improue, & Inhabitt, at Pegipscott 
aforesd, neare the Center or middle of all the Lands aforesd, 
for neare fiuety yeare^ before the late unhappy warr. And 
w'as the sd Richard Wharton hath desired an Inlargement 
vpon, & between the sd Androscogii^an & Kenebecke riuer, 
& to Incorage the sd Richard Wharton to Settle an English 
Town, & [)romote the Salmon & Sturgeon fishing, by which 
wee promiss o^'selues great supplies, & reliefe : Therefore 
& for other good Causes, & considei-ations, & especially for 
& In consideration of a ualewable suine receiued from the 
sd Wharton In APchandize, Wee Warumbee Durumkine, 
Wihikermett Weedon, Domhegon Neonongasett, & Nim- 
banewett, Cheife Sagamores of all the af(n*esd & other 
Riuers, & land Adiacent, haue in Confirmation of the sd 
Richd Whartons Title, & propriety, fully freely & abso- 
lutely giuen granted ratify VI, & Comfirmed to him the sd 
Richd Wharton all the aforesd Land, from the vppermost 
part of Androscoggan falls foure Miles Westward & so 
down to Maquoitt & l)y sd Riuer of Pegypscott, & from the 
other side of Androscoggan Falls, all the Land from the 
tfalls to Pegypscott, & Merrimeeting Bay to Kenebecke, & 
towards the Willderness to bee bounded by a South West & 
North East lyne to extend from the vjjper part of the sd 
Androscoggan vppermost ffalls, to the sa}^! River of Kene- 
becke, And all the Land from Macjuoit to Pejepscott, i!c to 
runne & hould the same breadth \\' the Land "will beare it, 
unto Atkines his Bay In Kenebecke Riuer, & Small poynt 
Harbo"^ In Cascoe Bay, & all Yslands In Kenebecke, & 



364 DOCUMENTS RELATING TO THE 

Pejepscott Riuers, & merrimeeteing Bay and with in y* 
aforescl bounds, espetially the aforesd Necke of Land called 
Merecaneeg And Ysland called Sebascoa Dio^o-ine, tojreather, 
with all Riuers Riueletts, brookes ponds, poules, waters 
water Courses, all wood trees of Tymber, or other trees, 
& all mines, Minneralls quaries, & espetially the soole & 
absolute uss and benefitt of Salmon & Sturgeon fishing, in 
all the Riuers, riuerletts or Bays aforesayd, and in all 
Riuers brookes, Crickes, or pond with in any of the bounds 
aforesd, & also wee the sd Sagamors haue vpon the Consid- 
erations aforesd, given granted barganed cS; sould, enfeoflfed 
& Confirmed, And do by these Presents, giue grant bargan 
& Sell, aliiene, InfeofF & Confirme to him the sd Richd 
Warton all the Land lijng fine Miles aboue the vppermost 
of the sayd Androscoggan ffalls, In breadth & lengh houlden 
the same breadth from Androscoggin falls to Kenebecke 
Riuer, & to bee bounded, by the aforesd south west & North 
East lyne, & a Parcell of lands at fine Miles distance to runn 
from Androscoggin to Kenebecke Riuer as aforesd/ togeather 
with all the profetts priuiledges, Commoditys, benetitts, & 
Aduantages, & Perticularly the soole propriety, benefitt & 
aduantage of the salmon & Sturgion fishing with in bounds 
& lymitts aforesd/ To haue & to hould to him the sd Richd 
Wharton, his heyrs and Assignes for euer, all the afore- 
named land priueleges & priuiledges & Premisses, with all 
benefitts rights, appurtenances, or Aduantages, y* now do, 
or hereafter shall or may belong unto any part or Parcell of 
the Premisses, fully freely & absolutely accquitted & dis- 
charg from all former & other Gyfts grants bargans Sailes, 
Morgages, & incomberances whatsoeuer/ And wee the sd 
Warrumbee Derumkine Whihkermett Wedon, Domhegon, 
Neonongassett & Niml:)anuett, do couenant & grant to & 
with the sd Richard Wharton, that wee haue in our selues 



TEHUITOKIAL III.STOKY OF MAINE. 365 

good right, & full pouer thus to Confirine & coiui;iy the 
premisses and th:it wee our heyres & successors shall & will 
warrant, & Defend the sd Richd Wharton, his heyres & 
Assignes for euer. In the peaceaMe iiiioymcnt of the prem- 
isses, and euery part thereof, against all & euery Person or 
persons, that may legally Clajme any right, title, Interest 
or propriety in the premisses, by from or under us the 
aboue named Sagamores, or any of o"" Ancetors, or Prede- 
cessors/ Prouided neuertheless that nothing in this Deede, 
bee Construed to depriue us the sd Sagamores, successors 
or people, from Improueing o"" Antient planting, grounds, 
nor from hunting in any of the sayd Land, being not 
Inclosed, nor from fishing for our own prouission, so long 
as no damage shall bee to the English fishery/ prouided 
alsoe that nothing here in contajned, shall Pieiudice any of 
the Inglish Inhabitants or planters, being at Present Actu- 
ally possessed, of any part of y® Premisses, & legally 
deriueing right from sd Mr Purchase, & o"" Ancestors, In 
witness hereof Wee the afore named Sagamores, well under- 
standing the purport here of, do set to o'' hands & scales, 
at Pejepscott the Seuenth day of July, In the thirty fifth 
yeare of the Reign of our souergane Ld King Charles the 
secund one thousand six hundred eighty foure/ 

The marke ot Warumbee/ The Marke X'^"^ Darumkine 

1X7 (sJal) (Jeal) 

of Weeden Domhegon/Q^ 

The marke of (seal) Mihikermett 

of Nehonongassett i -^ 
The marke of Numbanuett/ ^b^ 

.^.^ his marke &(3|,^i^) 




366 DOCUMENTS RELATING TO THE 

Sealed & Deliuered Memorandum that vpon the day of 
in the Presence of the date with in written Deede, 

John Blan}^ the seuerall Sagamores whose 

James Andrews/ names are subscribed y''to & 

Henery Walters/ Inserted therein, did at the Fort 

John Parker/ of Pejepscott, deliuer quiett & 

Geo : ff'ellt/ peaceable possession of the Prem- 

isses, with Linery & Ceizing ; to Mr John Blany & his 
wife ; & the sayd Mr John Blany & his wife. In thejr own 
right, as shee is Administratrix to the Estate of Mr Thom^ 
Purchase, Deceased, & in right of his children, also the sd 
Mr Blany as Atturney to Mr Eliazer Way, did the same 
day Deliuer quiett & peaceable possession, with Liuery cS; 
Ceizing, of the Premisses to Mr. Richard Wharton, the 
quantity of seaven hundred Acres of Land being Excepted, 
according to a former agreement/ 

Henery Walters/ Taken vpon oath this lO^"^ of July 

John Parker/ 1684 : this was sworne too by John 

Parker before mee 

Edw : Tynge 

Jus : pe : 



LXXXVII. 



EXTRACTS FROM A COMMISSION FOR A PRESIDENT 

AND COUNCIL FOR NEW ENGLAND, BY 

JAMES 11. OF ENGLAND. 

October 8/18, 1685. 

Sou7'ces. 

The commission of James 11. of England, October 8/18, 
1685, was only the sequel to the writ of scii^e facias by 
which the High Court of Chancery had cancelled the " Col- 
ony Charter" of 1628/9. The government of a large part 



TEliKITOUIAL IIISTOKV OF MAINE. 3G7 

of New Enirliuul was now ('stiihlisliod on a royal basis, with 
Joseph Dudley Hrst president of the Couneil. 

A copy of the commission, with the autograph signature 
of Edward Randolph, is among the "Trumbull Papers" 
presented to the Massachusetts Historical Soeiet}^ by the 
descendants of (lovernor Jonathan Truml)nll of Connecticut. 
It was tirst )ninted entire from that soui-ce by the society in 
its " Collections," 5th Series, IX., 145-152 ; a brief extract 
was printed, from papers relating to Narragansett, com- 
municated by Francis Brinley in 1798, in " Collections," 
1st Series, V., 244-246; another extract is in "Rhode 
Island Records," III., 195-1 1>7. 

The extracts in this compilation are reprinted from the 
Massachusetts Historical Society, " Collections," 5th Series. 

Text. 

James the Second, by the grace of God King of England, 
Scotland, France and Ireland, Defender of the Faith, &c. 
To all to whom these presents shall come. Greeting: 
Whereas a writ of scire facias hath been issued out of our 
High Court of Chancery against the late Governor and Com- 
pany of the Massachusetts Bay in New England, whereby 
the government of that Colony and members thereof is now 
in our hands ; and we being minded to give all protection 
and encouragement to our good subjects therein, and to 
provide in the most effectual manner that due and impartial 
justice may be administered in all cases, civil and criminal, 
and that all possible care may be taken for the just, quiet, 
and orderly government of the same : Know ye, therefore, 
that we, by and with the advice of our Privy Council, have 
thought fit to erect and constitute, and by these presents 
for us, our heirs and successors, do erect, constitute, and 
appoint a President and Council to take care of all that our 
territory and dominion ot New England in America, com- 
monly called and known by the name of our Colony of the 
Massachusetts Bay, and our Provinces of Newhampshire 
and Maine, and the Narraganset country, otherwise called 



3(58 DOCUMENTS RELATING TO THE 

the King's Province, with all the islands, rights, and mem- 
bers thereunto appertaining, and to order, rule, and govern 
the same according to such methods and regulations as are 
hereinafter specified and declared, until our chief Governor 
shall arrive within our said Colonies. 

And for the better execution of our ro3'al pleasure in this 
behalf, we do hereby nominate and appoint our trusty and 
weli-l)eloved suljject, Joseph Dudley, Esq., to be the first 
President of the said Council, and to continue in the said 
office until we, our heirs or successors, shall otherwise 
direct ; and we do likewise nominate and appoint our trusty 
and well-beloved subjects, Simon Bradstreet, Wm. Stough- 
ton, Peter Bulkley, John Pynchon, Robert Mason, Rich** 
Wharton, Wate Winthrop, Nathaniel Saltonstall, Bartho. 
Grodney, Jonathan Tyng, John Usher, Dudley Bradstreet, 
John Hinkes, Francis Champernoon, Edward Tyng, John 
Fitz Winthrop, and Edward Randol})h, Esqrs., to be of our 
Council within our said territory and Colony; and that the 
said Joseph Dudley and every succeeding President of the 
said Council shall and may nominate and appoint any one of 
the members of the said Council for the time being to be his 
deputy, and to pieside in his absence, and that the said 
President or his deputy and any seven of the said Council 
shall be a quorum. And our express will and pleasure is 
that no person shall be admitted to sit or have a vote in 
the said Council until he hath taken the oath of allegiance 
and the oath hereafter mentioned for the due and impartial 
execution of justice and the faithful discharge of the trust in 
them reposed 

And lastly, our will and pleasure is, that the 
said President and Council for the time being do prepare 
and send unto us such rules and methods of their own })ro- 
ceedings as may best suit with the constitution of our Ter- 
ritory and Dominion aforesaid, and for the better establishing 



TEUUITOUIAL HISTORY OF MAINE. 3G9 

our authorit}' there and the government thereof, that we 
may alter or approve the same as we shall think fit. In 
witness whereof we have caused these our letters to be made 
patent. 

Witness ourself at Westminster, the 8th day of October, 
in the first year of our reign [1(3^5]. 
A true copy, 

Ed. Randolph, Secretary. 



LXXXVIII. 



EXTRACTS FROM COMMISSION TO SIR EDMUND 

ANDROS AS GOVERNOR OF NEW ENGLAND, 

BY JAMES II. OF ENGLAND. 

June 3/13, l(i86. 

Sources. 

The commission to Sir Edmund Andros, June 3/13, lfi86, 
included Plymouth Colony within his jurisdiction, in addi- 
tion to the territory previously taken under royal control. 
During the interval since his appointment as governor of 
New York in l(i74, Andros had been knighted in testi- 
mony of royal approval. In New England, where he ruled 
in the spirit of his royal master, and the " Ordinances " 
which accompanied his commission were held as the chief 
constitutional law, charter government was completely over- 
thrown. 

A manuscript copy of the commission of 1686 is in 
"Massachusetts Archives," CXXVI. It was first pub- 
lished in 1838, from the so-called " Usurpation Papers," by 
the Massachusetts Flistorical Society, " Collections," 3d 
Series, VII., 139-149; and again from manuscript by Peter 
Force, com))iler, "Tracts and Other Papers, Relating to 
the Colonies in North America" (Washington, 1846 , IV., 
No. 8 ; from the first-named source it is reprinted in 
" Rhode Island" Records, ILL, 212--218. The text adopted 
is that of Force. 

Vol. I. 25 



370 DOCUMENTS RELATING TO THE 

Text. 

JAMES THE SECOND BY THE GRACE of God 
King of England Scotland France and Ireland defender of 
the faith &c. To our trusty and welbeloved Sr. Edmund 
Andros Knt. Greeting whereas the government of that part 
of our Territory and Dominion of New-England hereafter 
mentioned is now in our hands and being minded to give 
all protection and incuragement to our good subjects therein 
and to provide in the most effectuall manner for their secu- 
rity and welfare, Wee therefore resposing espetiall trust 
and confidence in the prudence courage and Loyalty of you 
the said Sr. Edmund Andros out of our espetial grace cer- 
taine knowledge and meer motion have thought fitt to con- 
stitute and appoint, And by these presents Do constitute 
and appoint you, the said Sr Edmund Andros to be Our 
Capt. Generall and Govr. in Chief in and over all that 
our Territory and Dominion of New-England in America 
Commonl}^ called or known by the name of Our Colony of 
the Massachusetts Bay, our Colony of New Plimouth, 
and our Province of Newhampshire and Maine, the Narra- 
ganset country, otherwise called the King's Province, 
with all the Islands Rights and Members to the said Colo- 
nies & Territories in any wise appertaining And for your 
better guidance and direction wee do hereby require and 
command you to do & execute all things in due manner, 
that shal belong unto the said office and the trust wee have 
reposed in you, according to the severall powers Instruc- 
tions, and authoryties mentioned in these presents or such 
further power instructions & authoryties as you shal here- 
with receive, or which shall at any time hereafter be granted 
and appointed you under our Signet and signe manuell or 
by our order in our Privy Councill, and according to such 
reasonable Laws and statutes as are now in force or such 
other as shal hereafter be made and established within that 



TEKIUTOUIAL IlISTOKY OF MAINE. 371 

our Territory and Dominion aforesaid And our will & 
pleasure is, that you the said Sr. Edmund Andros having 
(after your arrivall in New-England, and publication of 
these our Letters patents) first taken the Oath of Allegiance, 
together w'ith the Oath of duly executing the office of our 
Capt Generall and Govr. in Chiefe of our said Territory 
and Dominion, (whicii our said Council there, or any three 
of them are hereby required authorized and impowred to 
give and administer unto you) You shall administer unto 
such of the Members of our Councill, as well the Oath of 
allegiance as the oath of the due execution of their places 
and trust . . . AND LASTLY our will and pleasure is, 
that our Commission bearing date the seaven and twentieth 
Day of September in the first yeare of our Keigne consti- 
tuting our trusty and well beloved Joseph Dudley Simon 
Bradstreet William Stoughton, Esqrs. and others to be 
our president and councill of our Territory and Dominion 
of New-England doe from the publication of these presents 
cease and become voide — And that You. the said Sr. Ed- 
mund Andros shall and may hold execute and enjoy the 
office and place of our Captain Generall and Governor in 
Cheif in and over our Territory and Dominion aforesaid 
with all its Rights ^lembers and Appurtenances whatsoever, 
ToGETiiEK with all and Singular the powers and authorities 
hereby granted unto you, for and during our will and pleas- 
ure In Witness whereof wee have caused these our Letters 
to be made pattents Witness our selfe at Westminster the 
third day of June in the second yeare of our Reigne. 

PER BREVE DE PRIVATO SEGILLO. 

BARKER. 



372 DOCUMENTS RELATING TO THE 



LXXXIX. 

ORDER FOR ANNEXATION OF FEMAQUID TO NEW 
ENGLAND, BY JAMES II. OF ENGLAND. 

September 19/29, 168 6. 

/Souixes. 

By the "Royal Order" of September 19/29, 1686, the 
" ffort & Country" of Pemaquid was transferred from the 
jurisdiction of New York to the government of New Eng- 
land. The arbitrary and unnatural relation between New 
York and Pemaquid, which had been created for the aggran- 
dizement of the Duke of York, was broken less from a 
desire to favor Pemaquid than that the Puritan spirit might 
be humbled by the promotion of Andros. 

The "Order" is in the office of the secretary of state at 
Alban}^ " Deeds," VIII., 75 ; from this source it was first 
transcribed by Franklin B. Hough, compiler, " Papers Re- 
lating to Pemaquid and Parts Adjacent in the Present State 
of Maine, Known as Cornwall County, when under the 
Colony of New-York " (Albany, 1856) , 130, 131. Hough's 
work is printed both separately and in Maine Historical 
Society, " Collections," V., Article II. From his text it is 
reprinted in the " Report of the Regents of the University 
on the Boundaries of the State of New York" (Albany, 
1874), 39. 

The text adopted is that of Mr. Hough in the " Pemaquid 
Papers." 

Text. 

James R. 

Trusty & well beloved wee Greet you well. Whereas 
wee have thought fitt to direct that our ffort & Country of 
Pemaquid in Regard of its distance from New Yorke bee 
for the future annexed to & Continued under the Govern m* 
of our territory & dominion of New England our will & 



TERKITOUIAL HISTORY OF MAINE. 373 

pleasure is that you foitliwith Deliver or cause to be deliv- 
ered our said ffbrt & Country of Pemaquid with the G rente 
Gunns atnmunicon & stores of warr together with all other 
Vtensills t'c api)urtcnnces belonging to the said tlbrt into the 
hands of our trusty & welbeloved S"^ Edmund Andross 
Knight our Ctiptaine Generall & Gouvernour in Cheife of 
our territory & dominion of New England or to the Govern- 
our or Commander in Cheife there for the time being or to 
such person or persons as they shall Impower to receiue the 
same and for soe doing this shall be your warr". 

Given at our Court at Windsor this 19"' day of Sept 
1686 & in the second yeare of our Reigne. 

By his Ma"*^" Comand 

Sunderland CI. 



XC. 

ABSTRACT OF THE TREATY OF LONDON, BETWEEN 

JAMES II. OF ENGLAND AND LOUIS XIV. 

OF FRANCE. 

November 16/26, 1686. 

Sources. 

The treaty between James II. of England and Louis 
XIV. of France made at London, Noveml)er 16/26, 1686, 
guaranteed " peace, good correspondence, and ncniliality in 
America." 

Jenkinson says, in a note on this treaty with France, 
that it contributed towards a confederacy to set the Prince 
of Orange on the throne of England. As the treaty 
expresj;ly declared that no breach between the two kings in 
Europe should atl'ect their res])ective colonies and subjects 
in America, an abstract of the principal articles is included 
in this collection of documents. 



374 DOCUMENTS RELATING TO THE 

The text, in French, is found in Jean Dumont, " Corps 
Universel Diplomatique du Droit des Gens " (Amsterdam, 
1731), VII., part ii., 141-143; from that source it is 
reprinted in " Memoires des Commissaires du Roi et de 
ceux de sa majesty Britannique, sur les Possessions & les 
Droits respectifs des deux Couronnes en Amdrique " (Paris, 
1755), II., 81-89, and Edits, Ordonnances Royaux, Dec- 
larations, &c. . . . Concernant le Canada, .... 
printed by P. E. Desbarats (Quebec, 1803), I., 288. 

It first appeared in English iu "A Collection of Treaties 
of Peace and Commerce, containing all those that have been 
concluded from the Peace of Munster inclusive to this time " 
(London, 1714), 160-162. An abstract is in Charles Jeu- 
kinson, " A Collection of all the Treaties of Peace, Alliance, 
and Commerce, Ijetween Great-Britian and Other Powers, 
from . . . 1648 to . . . 1783" (London, 1785), I., 261- 
263. 

Another abstract, in French as well as in English, is 
printed by Charles Lindsey, "An Investigation of the 
Unsettled Boundaries of Ontario" (Toronto, 1873), 110-115. 
The text adopted is that of Jenkinsou, which claims to be 
an authentic version. 

Text. 

I. It is agreed, that there be a firm peace, re-union and 
amity between the British and French nations. 

II. That no ships on either side be fittedout to attack 
the dominions of the other. 

III. That no soldiers, or inhabitants of the English or 
French dominions, or others coming out of Europe, shall 
commit any hostilities, or any way assist the Indians. 

IV. That both kings shall enjoy all the rights, &c. they 
are now possessed of in America. 

V. That the subjects of neither shall trade, fish, &c. 
within the precincts of the other ; and if any ship be found 
so doing, it shall be confiscated. 

VI. Ships of either prince drove into the ports of the 
other, by stress of weather, or otherwise, shall be kindly 
treated. 



TEltlUTOKIAL IIISTOKV OF MAINE. 375 

VII. Ships happening to be wrecked, or endangered, 
shall receive all friendly assistance. 

VIII. If so many ships l)e drove into a port as may give 
suspicion, they shall immediately acquaint the governor or 
chief magistrate with the cause of their coming, and stay no 
longer than the said governor or magistrate will allow, and 
shall be requisite for supplying themselves with provisions, 
and retitting. 

IX. The King of Great Britain's subjects inhabiting the 
island of St. Christopher, may fetch salt from the saltpits ; 
and those of the most Christian King may fetch water from 
the rivers t)f the great road ; but both shall do it in the day 
time, and give notice of their coming by firing three guns ; 
but if either traffic under pretence of fetching salt or water, 
the ship shall be forfeited. 

X. Neither side shall harbour the wild natives, or the 
slaves or goods taken by them from the subjects of either 
nation. 

XI. The subjects of neither prince shall disturb the sub- 
jects of the other in settling colonies, or in their commerce. 

XII. All commanders of ships shall be enjoined not to 
do any injury to the other side. 

XIII. To this end the commanders of privateers shall 
give tifeen hundred pounds security. 

XIV. Neither side shall protect pirates, but both be 
obliiied to puni.sh them. 

XV. No subject of either king shall take commission, 
or letters of mart, from any prince at war with the other, 
under penalty of being pimished as a pirate. 

XVI. The most Christian King's subjects shall have 
liberty to take tortoises in the island of Caymanes. 

XVII. Dift'erences between the subjects of the two 
kings to be amicably adjusted. 



376 



DOCUMENTS RELATING TO THE 



XVIII. If any breach should happen between the two 
kings in Europe, yet no hostilities shall be committed in 
America. 

XIX. This treaty shall not derogate from the peace 
concluded at Breda in 1667. 

XX. All treaties concluded heretofore between the two 
nations in America to remain in force. 

XXI. This treaty to be ratified within two months, and 
published in all places in America, and elsewhere, within 
eio^ht months. 



XCI. 

TREATY OF WHITEHALL, BETWEEN JAMES II. OF 
ENGLAND AND LOUIS XIV. OF FRANCE. 

December 1/11, 1687. 

Soujxes. 

Since the "Instrument for preventing Acts of Hostility 
in America," drawn up at Whitehall, December 1/11, 1687, 
was only a provisional arrangement, although commission- 
ers were appointed to execute the treaty of November 16/ 
26, 1686, the limits were not settled and the treaty ot 
" Neutrality " was of little efi'ect. 

The original manuscript of the provisional treaty is in 
the Dep8t de la Marine in Paris ; it was transcribed from 
that source for the commissioners under the treaty of Aix- 
la-Chapelle, and is printed in both Latin and French in 
" Memoires des Commissaires du Roi et de ceux de sa 
Majeste Britannique, sur les Possessions & les Droits re- 
spectifs des deux Couronnes en Amerique " (Paris, 1755), 
II., 89-92. An English translation is in the " New- York 
Entry Book," II., 179, and is printed from that source by 
Edmund Bailey O'Callaghan, editor, "Documents Relative 



TERRITOIUAL HISTORY OF MAINK. 377 

to the Colonial History of the State of New York " (Albany, 
1853), III., 505; an abstract is in Charles Lindsey, "An 
Investigation of the Unsettled Boundaries of Ontario " 
(Toronto, 1873), 114-116. 

The text adopted is the English translation printed by 
O'Callaghan. 

Text. 

Whereas the most serene and mighty Prince James the 
Second King of Great Britain and the most Christian King: 
have thought fitt to constitute Commissioners viz' the said 
King of (jreat Brittain, the R' Honorable Robert Earle of 
Sunderland President of His Ma'^^ Councill and one of the 
Principal! Secretaries of State, Charles E : of Middleton 
also Principal Secretary of State, and Sidney Lord Godol- 
phin Lords of his Mat^'* Privy Councill, and on the other 
side the said most Christian King hath thought fitt to appoint 
the Sieur Barollan D'AiDoncourt Marquis de Brauger, one 
of his Councillors of State in ordinary and His Ambassador 
extraordinary as likewise the Sieur Francis de Bourepaux 
Councillor in all his Councills Reader in Ordinary of his 
Bed-Chamber and Intendant Generall of the Marine aflfairs 
for the execution of the Treaty concluded the ^ November 
in the year 1686 for the quieting and determining all con- 
troversies and Disputes that have arisen or may hereafter 
arise between the subjects of both Crowns in America as 
also to settle and determine the Bounds or Limitts of the 
Colonies, Islands, Lands, and Territories belonging to the 
said Kings and governed by their respective Governors or 
otherwise depending on the said Kings respectively in 
America. Wee the abovenamed Commissioners by virtue 
of the Powers granted unto us by the said Kings our Mas- 
ters, Do by this present Instrument in their names promise, 
agree, and stipulate, that until the tV day of January 168| 
and afterwards from that day forwards until their said most 



378 DOCUMENTS RELATING TO THE 

Serene Majesties shall send any new and express orders in 
writing concerning this matter. It shall not be lawfull for 
any Govern"" or Command'' in Chief of the Colonies, Islands, 
Lands, and Territories belonging to either Kings Dominions 
being in America, to commit any Act of Hostility against 
or to invade the subjects of the other King, nor shall the 
said Governors or Commanders in Chief, upon any pretence 
whatsoever suffer that any violence be done to them under 
Corporall punishment and penalty of making satisfaction 
with their Goods for the Dammage arising by such contra- 
vention nor shall any others do the same under the like 
Penalty 

And to the end the said Agreement may have the better 
effect, Wee do likewise agree that the said Serene Kings 
shall immediately send necessary orders in that behalf to 
their respective Governors in America, and cause authentick 
Copies thereof to be also forthwith delivered to the other 
Party. In witness whereof. Wee have mutually hereunto 
sett our hands @ Seals 

Given at the Palace at Whitehall the tt day of December 
1687. 

Sunderland P. (L S) Barillon Damoncourt (L S) 

MiDDLETON (L S) DUSSON DE BOUREPAUX (L S) 

GODOLPHIN (L S) 



TERRITORIAL HISTORY OF MA INK. 379 



XCII. 

EXTRACTS FROM COMMISSION TO SIR EDMUND 
ANDROS, AS CAPTAIN-GENERAL AND GOV- 
ERNOR-IN-CHIEF OF NEAV ENGLAND, 
BY JAMES II. OF ENGLAND. 

April 7/17, 1688. 

Sources. 

The commission to Sir Edmund Andros, issued April 
1/\1, 1688, was merely an enlaruement of his previous 
commission. \iy the new orders his jurisdiction included 
under the name of New EngUmd, all the continent of Amer- 
ica from forty deo^rees north latitude to the St. Croix, with 
the exception of Pennsylvania and Dehnvare. 

The commission is in the Public Record Office, London, 
*'New England Papers," XXXIII., 381 ; from that source 
it was printed by Edmund Bailey O'Callaghan, editor, 
"Documents Relative to the Colonial History of the State 
of New-York" (Albany, 1853), III., 537-542. Instruc- 
tions which accompanied the commission are printed from 
the same source, pp. 543-549. 

The text adopted is that of O'Callaghan. 

Text. 

James the Second by the Grace of God King of England, 
Scotland France and Ireland Defender of the Faith &c. To 
our trusty and welbeloved S"" Edmund Andros Kn* Greetinjr : 
Whereas by our Commission under our Great Seal of Eng- 
land bearing date the third day of June in the second year 
of our reign wee have constituted and ap])ointed you to be 
our Captain Generall and Governor in Cheif in and over all 
that part of our territory and dominion of New England in 
America known by the names of our Colony of the Massa- 
chusetts Bay, our Colony of New Plymouth, our Provinces 



380 DOCUMENTS RELATING TO THE 

of New Hampshire and Main and the Narraganset Country 
or King's Province. And whereas since that time Wee 
have thought it necessary for our service and for the better 
protection and security of our subjects in those parts to join 
and annex to our said Government the neio^hborino: Colonies 
of Road Island and Connecticutt, our Province of New 
York and East and West Jersey, with the territories there- 
unto belonging, as wee do hereby join annex and unite the 
same to our said government and dominion of New England. 
Wee therefore reposing especiall trust and confidence in the 
prudence courage and loyalty of you the said Sir Edmund 
Andros, out of our especiall grace certain knowledge and 
meer motion, have thought fit to constitute and appoint as 
wee do by these presents constitute and appoint you the 
said S"" Edmund Andros to be our Captain Generall and 
Governor in Cheif in and over our Colonies of the Massa- 
chusetts Bay and New Plymouth, our Provinces of New 
Hampshire and Main, the Narraganset country or King's 
Province, our Colonys of Road Island and Connecticutt, our 
Province of New York and East and West Jersey, and of 
all that tract of laud circuit continent precincts and limits 
in America lying and being in breadth from forty degrees 
of Northern latitude trom the Equinoctiall Line to the River 
ot S' Croix Eastward, and from thence directly Northward- 
to the River of Canada, and in lenght and longitude by all 
the breadth aforesaid throughout the main land from the 
Atlantick or Western Sea or Ocean on the East part, to the 
South Sea on the West part, with all the Islands, Seas, 
Rivers, waters, rights, members, and appurtenances, there- 
unto belonging (our province of Pensilvania and country of 
Delaware only excepted), to be called and known as for- 
merl}^ by the name and title of our territory and dominion 
of New Enoland in America. 



TEUHITOIilAL MI.STOKY OF MAINE. 381 

And for your better fjfuidance and direction Wee doe 
hereby require and command you to do & execute all thin<^.s 
in due manner that shall belong unto the said office and the 
trust wee have reposed in you, according to the severall 
powers instructions and authoritys mentioned in these pres- 
ents, or such further powers instructions and authoritys as 
you shall herewith receive or which shall at any time here- 
after be granted or !ii)U()inted vou under our sisfnetand sio^n 
manual or by our order in our Privy Councill and according 
to such reasonaI>le lawes and statutes as are now in force or 
such others as shall hereafter be made and established within 
our territory & dominion aforesaid. 

And our will and i)leasure is that you the said S"" Edmund 
Andros having, after publication of these our Letters Pat- 
ents, first taken the Oath of duly executing the office of our 
Captain Generall and Governor in Cheif of our said territory 
and dominion, which our Councill there or any three of 
them are hereby required authorized and impowered to give 
and administer unto you, you shidi administer unto each of 
the members of our Councill the Oath for the due execution 
of their places and trusts. 

And lastly, our will and pleasure is that you the said S'' 
Edmund Andros shall and may hold exercise and enjoy the 
office and place of Captain Generall and Governor in Cheif 
in and over our Territory and Dominion aforesaid, with all 
its rights members and appurtenances whatsoever, together 
with all and singular the powers and authorilyes hereby 
granted unto you, for and during our will and pleasure. 

In Witness whereof Wee have caused these our letters to 
be made Patents. Witness our self at Westminster the 
seventh day of Aprill in the fourth year of our raign.[l(jJ>8.] 

By Writ of Privy Seal 

Cleuke. 



382 DOCUMENTS RELATING TO THE 



XCIII. 

GRANT OF LANDS AT MT. DESERT TO SIEUR DE LA 

MOTHE CADILLAC, BY THE GOVERNOR 

AND COUNCIL OF CANADA. 

July 23 -, ^oj^ 
August 2» ^^^^' 

Sources. 

The grant of the place called " Donaquec" to Sieur de la 
Mothe Cadillac, iugust^l' 1688, contained " two leagues in front 
by two leagues in depth with the Island of Mt. Desert, 
lying in front of the land." As this grant of territory 
within the present limits of Maine was considered valid by 
the General Court of Massachusetts in 1787, a place is 
given to the document in this compilation. 

The text of the grant is included in " Collection de Man- 
uscrits contenant Lettres, Memoires, et Autres Documents 
Historiques relatifs a la Nouvelle-France " (Quebec, 1883), 
I., 427, 428. The only English text which has been found 
is in "Titles and Documents relating to the Seigniorial 
Tenure, in return to an Address of the Legislative Assem- 
bly" (Quebec, 1852), 100; it is therefore adopted in this 
collection. 

Text. 
To the Sieur Lamothe Cadillac 

Jacques Rene de Brisay, Knight, Marquis of Denonville, 
Governor and Lieutenant-General for His Majesty in Can- 
ada, Acadia, the Island of Newfoundland and other coun- 
tries of North France ; and 

Jean Bochart, Knight, Seignior of Champigny and Marne, 
King's Councillor, Intendant of Justice, Police and Finances 
in the said country. 



TEKKITOUIAL IIISTOHY OF MAINE. 383 

To all whom these present letters shall see, greeting. 

Know ye, that on the petition presented to us by the 
Sieur La Mothe Cadillac residing in Acadia, praying that 
we would be pleased to grant unto him the place called 
Donaquec, near Magets, being a dependancy of Acadia, and 
for that purpose would grant him two leagues ot land in 
front on the sea shore, by two leagues in depth towards the 
interior of the land (the River Donaquec dividing in two 
the said two leagues ot land in depth, to wit : one league to 
be taken on the west side of the said river and one league 
on the other side of the same, running towards the east, 
the front of the said two leagues of land facing towards the 
south on the sea side and the depth towards the north, to- 
gether with the island of ]\Iountdesert, and other islands 
and islets, situate in front of the said two leagues of land, 
to have and to hold the same in fief and seigniory, with the 
right of superior, mean and inferior jurisdiction (haute, 
moyen et basse justice), he being desirous of forming a 
settlement thereon, and causing the said tract of land to be 
cleared in order to render the same valuable ; we, in con- 
sideration thereof and under and in virtue of the power 
bestowed upon us by His Majesty, have granted and con- 
ceded, and do grant and concede forever unto the said Sieur 
Cadillac the said place called Donaquec, of two leagues in 
front on the sea by two leagues in depth, the River Dona- 
quec dividing the same through the middle, the same river 
not included, together with the island of Mountdesert and 
other islands and islets situate in front of the said two 
leagues of land, the whole as it is hereinabove more fully 
designated : To have and to hold the same unto him, his 
heirs and assigns forever, under the title of fief and seign- 
iory with the right of superior, mean and inferior jurisdic- 
tion (haute, moyen et basse justice), and the privilege of 



384 TERRITORIAL HISTORY OF MAINE. 

fishing and hunting within the whole extent of the said 
concession, he being obliged to render fealty and homage 
at the Castle and Fort of Acadia in the hands of the gov- 
ernor for the King, and to pay the customary dues at each 
and every mutation of proprietor ; the whole according to 
the Custom of Paris ; to preserve or cause to be preserved 
by his tenants the oak timber which may be found on the 
extent of the said concession fit for the building of vessels, 
and to give notice to the King or to the Governor of the 
country of the mines, ores and minerals, if any be found ; 
to cause the same conditions to be inserted in the conces- 
sions which he will be allowed to grant on the said land, 
and to commence within three years from this day to work 
in order to settle the land, on pain of being dispossessed 
of the same. 

In testimony whereof we have signed these presents and 
caused our seal at arms to be aflBxed thereto, and the same 
to be countersigned by one of our Secretaries. 

Done at Montreal, this twenty-third day of July one 
thousand six hundred and eighty-eight. 

Signed, J. R. DeBrisay 



M. De Denonville 
Bochart Champigny 



By their Lordship's command 



Signed, Fredin 

End of Volume I. 



IIsrDEX. 



INDEX OF SUBJECTS. 



Acadia, Patent of, to De Monts, 

1,2. 
Restored to France, 311, 312. 
Act of Surrender of the Great 

Patent, 203. 
Agamenticus Grant, the, 159, 160. 
Annexation of Pemaquid to New 

England, 372. 
Appointment of Steenwyck as 

Governor of Acadia and Nova 

Scotia, 330, 331. 
A.ssignment of the Plymouth 

Charter to Bradford, 250. 



Bannatyn Club, the, 58, 76, 82, 

181, 189. 
Black Point Patent, 137. 

C 

Canada, Charter of, to Alexander, 
82. 

Cape Porpoise, Grants of, 163, 164, 
179, 180. 

Charters, of Canada to Alexander, 
82, 305, 311; the Colony, 86, 
108, 109; Dutch West India 
Company, 53, 54; Massachu- 
setts Bay, 86, 87, 359, 366; New 
Hampshire, 205; Nova Scotia, 
57, 58, 76; Plymouth, 256; 
Plymouth Company, 108; 109; 
Province of Maine, 222; Vir- 
ginia, 6, 7; Warwick, 108. 

Clapboards, 52. 

Colony, the Southern, SS. 

Commissions for a President and 
Council of New England, 366; 
for settling the affairs in New 
England, .307: to Andros, 326, 

Vol. I. 26 



Commissions, continued. 

369, .379; Champernoon, .301; 
to D'Aulney, 259; to Gorges, 
Ferdinando, 219; to Gorges, 
Thomas, 248; to Jocelyn, 245; 
to Rhoades, 328; to Temple 
282. 

Comi^act, social, to secure indepen- 
dent government, by Wells, 
Gorgeana, and Piscataqua, 265. 

Concession of Acadia, 212; of St. 
Croix, 172, 173. 

Conveyance of lands at Pejepscot, 
243. 

Corn, 52. 

Council for Trade created, 292, 294. 

D 

Declaration for Resignation 
of the Great Charter, 196. 

Deed destroyed in pastry cooking, 
1.52. 

Deeds, of lands to Wharton, 361; 
of Province of Maine to Mass- 
achusetts, 3.50; of Province of 
Maine to Usher, 343; to Brown 
of Pemaquid, 80. 

Deposition concerning tlie Pejep- 
scot Patent, 177, 178. 

Duke's Territory, 305, 814. 

E 

Episcopalian and Puritan 
struggle in Maine, the begin- 
ning of the, 267. 

Extracts from the Treaty of West- 
minster, 278. 



First Colony of Virginia, 9. 
Friars, Capucine, 260, 263. 



386 



TERRITORIAL HISTORY OF MAINE. 



G 

GoRGEAMA extinguished, 274. 

Grants, Agamenticus, 159, 160 ; f or 
exclusive trade in the New 
Netherlands, 12, 13; Cadillac, 
382; of Acadia, 280; Cape Por- 
poise, 163, 164; Lincoln, 126; 
Lygonia, 133; Masonia, 191; 
Muscongus, 125; New Hamp- 
shire, 95, 96, 192; Pascataway, 
143; Pemaquid, 165, 166, 304, 
323; Province of Maine, 64, 65; 
Richmond's Island, 162; St. 
Croix, 172; to Alexander and 
La Tour, 128, 129, 212; to Brad- 
shaw, 150, 151 ; to Kittery, 274; 
to Levett; 72, 73; to Lewis and 
Bonighton, 117; to Oldham 
and Vines, 121, 122. 

Great Patent, the, 191, 201. 



U 



Hemp Flax, 52. 



Indentuee for the purchase of 
land on the Kennebec River, 
296; of land on the Newich- 
ewannock, 208. 



Judgment in favor of Gorges, Sir 
Ferdinando, 334, 343. 

Jurisdiction of Massachusetts ex- 
tended over Lygonia, 288. 

K 

Kennebec Company, 296. 

Kittery, formerly Piscataqua, 265; 
acknowledged the government 
of Massachusetts, 273. 



Laconia Patent, the, 98, 99; 

notes on the Grant, 133, 134. 
Laws, the Book of, to be procured 

by each town, 289. 



Lease of land at Casco Bay to 

Cleeve, 214. 
Letters Patent, see under Patents. 
Lincoln Grant, 126. 
Livery of Land to Cammock, 179. 
London Company, 8, 9. 

M 

Maine, Province of. First French 
claim to, 1; Charter of, 222; 
titles for land derived from 
the Northern Company, 20; 
the title first used, 64; Grant 
of the Great Council. 64, 65, 
99; desired protection under 
the Commonwealth, 267. 

Manuscripts, see under Papers. 

Map, the Figurative, 14. 

Marks, Angusli, George, 132; 
Darumkine, 365; James, Peter, 
132; Mihikermett, 365;Nehon- 
ongassett, 365; Numbanuett, 
365; Smyth, Richard, 180; 
Warumbee, 365. 

Masts, used as a gift, 317. 

N 

New England, the Great Council 
for, 20, 45, 50, 51, 52, 61, 64, 65, 
72, 73, 96, 98, 108, 117, 121, 
125, 1.33, 137, 143, 150, 152, 
159, 162, 165, 166, 177, 179, 
183, 189, 259. 

New England, Division of the Pat- 
ent of, 61, 73, 74, 183, 184. 

New France, the Company of, 172, 
173. 

Northern Company, the, 6, 7, 15, 
16, 18, 19, 20. 

O 

Oldest State Document in the 
United States, 46. 

Old South Leaflets, 86. 

Order for Commissioners to hold 
court at Pemaquid, 322; for 
submission of Maine to Mass- 
achusetts, 317. 



INDEX. 



387 



Organization of Govoinmenl of 
Province of Maine, u.jO. 



Pai'ERs, Baxter, 276, 306, 308; 
Carew, 61, 74; Conway, 72, 74; 
Masere, 86; New England, 257; 
Pejepscot, 133, 178, 361; Tre- 
lawny, 137, 151, 152; Usurpa- 
tion, 369; Winthrop, 133. 

Patents, Acadia toDe Monts, 1, 2; 
to Alexander, 18!); Black Point, 
137; Counti-y called Canada, 
189; Gates and others, 7; the 
Great, 191, 201; Laconia, 98, 
99; La Tour, 269; Levett, 73; 
Muscongus, 12», 126; New 
England, 18, 19, 20, 21, 61, 73, 
74, 183, 184, 203; Pejepscot, 
177, 178, 361; Plough, 133; 
Trelawny, 152; Waldo, 126; 
Winslow for Kennebec Kiver, 
278. 

Pejepscot Company, 177, 361. 

Pemaquid, deed of, to Brown, 
John, 80; grant of, 165, 166, 
304, 323. 

Petitions for enlarged privileges 
by Winslow, 277; for Act to 
Surrender the Great Patent, 
201 ; of Northern Company, 15, 
16; to Parliament from Gene- 
ral Court of Maine, 267. 

Pitch, 52. 

Plough Company, 133. 

Plymouth Company, First Patent 
for the, 45, 46; Charter of , 108, 
109; mentioned, 20, 26, 27, 29, 
33, 45, 73, 337, 338. 

Potashes, 52. 

Prince Society, 58, 64, 74, 76, 82, 
95, 98, 143, 189, 192, 205, 2 08, 
222. 

Puritan and Episcopalian struggle 
in Maine, beginning of, 267. 



K 

liATiKCATio.N TO Stiulincj, Earl 

of, 181, 182. 
Recollects, 172. 
Report in favor of provincial 

government in Maine, 307. 
Richmond's Island, grant of, 162. 

S 
Ski/ix, rare instance of, 301. 
Silk Grass, 52. 
Soap Ashes, 52. 
Social Compact of Wells, Gor- 

geana, and Piscataqua, 265. 
Steehimini, the, 59. 
Suffolk Deeds, the, 98. 
Suriqui, the, 59. 

T 

Tar, .52. 

Timber, 63. 

Treaty, of Aix-la-Chapelle, 2.50 
Breda, 311, 314, 376, 381 
France, 373, 376; London, 373 
Munster, 341, 374; Neutrality 
376; St. Germain, 175, 189 
Suza, 92, 93; Westminster, 
278, 319, 341. 

V 

Vessels: — 

Flying Horse, 328, 329. 

Fortune, 13. 

Little Fox, 13. 

Nightingale, 13. 

Plough, 133. 

Tiger, 13. 
Virginia Company, the. 6, 7, 20, 

197. 
Virginias, the, denotation of, 262. 

W 

West India Co.mpaxv, .53, 328, 329, 

330, 331, 332. 
Writ of Quo Warranto by Charles 

II, 359. 



YoKKsmiJE Coi'NTY crcatcd, 273. 



388 



TERRITORIAL HISTORY OF MAINE. 



INDEX OF NAMES. 



Adams, Thomas, 90, 91. 

Aernouts, Jerriaen, 328, 329. 

Aerssen, C, 57. 

Alden, John, 116. 

Aldersey, Samuel, 90, 91. 

Aldworth, Robert, 165, 160, 167, 
168, 169, 170, 171, 172. 

Alexander, Sir William, 57, 58, 59, 
60, 74, 76, 78, 82, 83, 84, 85, 
128, 129, 130, 131, 173, 181, 182, 

184, 188, 189, 190, 280, 311. See 
also under Stirling. 

AUerton, Isaac, 217. 
Almon, John, 7, 86. 
Andrews, James, 366. 

Samuel, 288. 
Andros, Sir Edmund, 326, 327, 328, 
369, 370, 371, 379, 380, 381. 

Anglesey, , 340. 

Angush, George, 131, 132. 
Anne, Queen, 181, 279. 
Appleton, Samuel, 360. 
Apsley, Sir Allen, 26, 27, 75. 
Archdale, John, 178, 179, -301, 303. 
Argall, John, 26, 27. 

Samuel, 61, 75. 
Arundell, Earl of, 19, 26, 27, 61, 
62, 63, 64, 65, 75, 99, 110, 144, 

185, 186, 188, 297. 
Astry, , 360. 

B 

Bagnall, Waltek, 162, 163. 
Baird, Charles W., 2. 
Ballard, Edward, 296. 
Baltimore, Lord, 185. 
Bangs, Edward D., 343. 
Banks, Charles Edward, 133, 134, 
159, 162, 267. 

Sir John, 197. 

Sir Thomas Christopher, 58, 76, 
77, 82, 181. 

Barker, , 295, 371. 

Bath, Earl of, 26, 27, 335, 340. 



Batter, Edm., 360. 
Baxter, James Phinney, 72, 117, 
137, 151, 152, 162,214,222,274, 
276, 301, 306, .308. 
Baylies, Francis, 21. 
Beal, Roger, 211. 
Beauchamp, John, 125, 126, 127. 
Bellingham, Richard, 91. 
Berkley, Lord, .335. 
Bincks, Bryan, 134, 135. 
Blackstone, William, 120, 124. 
Blany, John, 366. 
Mrs. John, 366. 
Block, Aedriaen, 13. 
Bochart, Jean, 382, 384. 
Bonighton, John, 121. 
Richard, 117, 118, 120, 246, 249, 
251. 
Borepaux, Francis de, 377, 378. 
Bourchier, Henry, 26, 27. 

Sir John, 26, 27. 
Bourne, William, 360. 
Bouton, Nathaniel, 64, 95, 192, 201. 
Bowles, Joseph, 303. 
Boyes, Antipas, 296, 299, 300. 
Bradford, William, 108, 113, 114, 
115, 116, 256, 257, 2.58, 259, 277, 
297, 298. 
Bradley, Mathew, 211. 
Bradshaw, Richard, 1.50, 151. 
Bradstreet, Dudley, 368. 

Simon, 276, 358, .360, 368, 371. 
Brattle, Thomas, 296, 299, .300. 
Brauger, Marquis de, 377. 
Brigham, William, 109, 256. 
Brinley, Francis, 367. 
Brisay, Jacques Rene de, 382, 384. 
Brodhead, John Romeyn, 12, 13, 16, 

18, 305, 330. 
Bronwer, Pieter Clementssen, 13. 
Brook, Sir John, 26. 
Brown, Alexander, 7. 
John, 80, 81, 90, 91. 
Samuel, 90, 91. 
Bryant, Hubbard W., 117, 152. 



INDEX. 



389 



Buckingliam, Marquis of, 20, 27, 05, 

99, 110, 144, 204, 297. 
Bugt,nn, Butler, .356. 
Bulkeley, Peter, 334, 343, 350, .300, 

368. 
Burton, Bartli, 350. 
Bu.sley, Joliii, 100. 

C 

Cadillac, Sieur dk i,a Mothe, 

382, 383. 
Calvert, Lord, 19, 01, 02. 
Canimock, Margaret, 137. 
Tlioinas, 137, 138, 139, 140, 141, 

142, 149, 153, 154, 155, 164, 179, 
180. 

Carlile, Earl of, 75, 185, 186, 188, 

201. 
Carr, Robert, 310. 
Catchmay, Sir Richard, 20, 27. 
Carteret, G., 340. 
Cartwright, George, 310. 
Chalmers, Charles, 314, 319. 
Charapernoon, Francis, 246, 249, 

251, 301, 303, 309, 368. 
Champigny, Jean Bochart de, 382, 

384. 
Channing, Edward, 13. 
Charles I., 70, 77, 82, 86, 87, 93, 96, 

99, 116. 121, 125, 127, 134, 142, 

143, 152, 1.53, 166, 175, 178, 181, 
196, 201, 204, 205, 209, 215, 219, 
222, 223, 256, 257, 297, 302, 337, 
338, 339, 345. 

Charles II., 292, 304, 306, 310, 311, 
314, 319, 323, 324, 341, 344, 346, 
350, 351, 350, 359, 360, 305. 

Charnizay, see D'Aulney. 

Cheffault, A., 213. 

Chicheley, Tho., 340. 

Chudley, George, 26, 27. 

Clarendon, Earl of, 305; see also 
Hide, Lord Edward. 

Clarke, Jonas, 288. 
Thomas, 322, 323. 

Cleave, 1 George, 73, 211, 215, 

Cleaves, / 216, 217, 218, 289. 



Gierke, , 381. 

Coiin, General de, 170. 
Coga, Thomas, 142. 
Collocot, Richard, 322. 
Collingwood, Edward, 53. 
Cooke, Elisha, 300. 
Coppyn, Col. Thomas. 
Corstiaenssen, Ilenrick, 13. 
Cotton, John, 143, 145, 146, 148, 
149, 1.50. 
Josiah, 108. 
Coventrie, Sir Thomas, 19, 335. 
Cox, William, 81. 
(!radock, Matthew, 90, 91, 92. 
Cranfield, Edward, 211. 
Craven, Earl of, 335, .340, 

Creggins, , 350. 

Cromwell, Oliver, 278, 280, 281, 

282,311. 
Crown, William, 280. 
Cunley, Abraham, 270. 
Cutts, Robert, 303, 309. 

D 

D'Amoncourt, Barollan, 377, 

378. 
Danforth, Thomas, 357, 358, 360. 
Darumkine, 363, 365. 
D'Aulney, Charles de Menou, 

Signeur de Charnizay, 2.59, 

260, 201, 262, 263, 264, 269, 270. 
Madam, 209. 
Davis, Sylvanus, 358. 

William T., 21, 46, 109, 197, 256. 
Davy, Humphrey, 322, 360. 
Dean, John Ward, 64, 95, 98, 143, 

192, 205, 208. 
Deane, Charles. 40, 01, 151, 159, 

162, 163, 184, 196, 201, 203. 

De Lomenie, , 265. 

Demetrius, Carolus, 132. 

De Monts, .see Du Monts. 

Dennis, Robert, 172. 

Denonville, Marquis de, 382, 384. 

Desbarats, P. E., 374. 

Digby, Lord, 19. 

Diggs, Sir Dudley, 20, 27. 



390 



TERRITORIAL HISTORY OF MAINE. 



Domhegon, 363, 364, 365. 
Drake, John, 26, 27. 
Samuel G., 74, 219. 
Dudley, Joseph, 360, 367, 368, 371. 
Dummer, Kichard, 133. 
Dumont, M. Jean, 93, 278, 311, 314, 

375. 
DiiMonts, Pierre da Guart, Sieur, 

1,2. 
Duresme, Bishop of, 302. 
Durumkine, 363, 364, 365. 
Dye, John, 134, 135. 

E 

Eaton, Theophilus, 90, 91. 

Edgecombe, Sir Richard, 26, 27. 

Edmonds, C, 18. 

Edward I., 235. 

Elbridge, Gyles, 165, 166, 167, 168, 

169, 170, 171, 172. 
Emans, Johannes, 287. 
Endicott, John, 86, 89, 90, 91, 132, 

273. 
Ephraim, Captain, , 361; see 

Savage, Ephraim. 
Erskyn, Lord, 59, 78. 
Eyre, Eliezer, 143, 145, 146, 148, 

149, 150. 
Thomas, 143, 145, 146, 148, 149, 

150. 



FAIK^VEATHEB, JOHN, 360. 

Felt, Geo., 366. 

J. B., 164. 
Fisher, Daniel, 360. 
Folsom, George, 117, 122, 245. 
Foxcroft, George, 90, 91. 

Fredin, , 384. 

Frost, George, 218. 

G 

Ganine, C, 330, 334. 
Garde, Roger, 214, 218. 
Gardiner, / Henry, 143, 145, 146, 
Gardner, S 148, 149, 150. 

Thomas, 322. 



Gareoch, Lord, 59. 

Gates, Thomas, 7, 9, 21, 26, 27. 

Gedney, ^ partholmew, 358, 360, 

Gidney, > .,„o 

Godney, j •^*^^- 

George III., 181. 

Gilbert, Raleigh, 7, 10, 21, 26, 27. 

Giles, Sir Edward, 26, 27. 

Glover, Ralph, 160. 

Goodie, Dr. Barnabe, 74, 75. 

Godfree, 1 Edward, 72, 107, 159, 

Godfrey, / 177, 246, 249, 251, 

267, 268. 

Godolphin, Lord, 377, 378. 

Goffe, Thomas, 90, 91. 

Goodyear, Moses, 152, 154, 155, 
156, 157, 158. 

Gookin, Daniel, 360. 

Gorges, Lord Edward, 26, 27, 158, 
185, 186, 188. 
Sir Ferdinando, 7, 16, 18, 21, 22, 
26, 27, 46, 53, 61, 63, 65, 67, 68, 
69, 70, 71, 73, 75, 87, 96, 98, 99, 
101, 102, 103, 104, 105, 106, 107, 
110, 133, 134, 135, 137, 143, 144, 
145, 146, 148, 149, 150, 158, 159, 
160, 161, 162, 164, 172, 178, 179, 
183, 184, 185, 186, 188, 201, 202, 
208, 209, 210, 211, 214, 215, 216, 
217, 218, 219, 220, 222, 223, 225, 
226, 227, 228, 229, 230, 231, 232, 
233, 234, 235, 236, 237, 238, 239, 
240, 241, 242, 245, 248, 249, 251, 
254, 266, 268, 297, 301, 302, 303, 
304, 308, 317, 334, 336, 337, 339, 
340, 343, 344, 346, 347, 348, 349, 
350, 352, 354, 356, 357, 359, 362. 
Ferdinando, ( Grandson ), 159, 

160, 162, 164, 179, 184. 
John, 136, 160, 302, 303, 344, 347. 

348, 352, 356. 
Capt. Robert, 71, 198. 
Tliomas, 137, 248, 249, 250, 251, 
252, 253, 255. 

Grames, I Richard, 131, 132. 
Grimes, ) 

Graves, Thomas, 100. 

Gray, Francis, 335. 



INDEX. 



391 



Green, S., SO. 

Griffitli, George, 14:!, 145, 140, 148, 

14'J, loO. 
Guinsey, Edin., IJOO. 
Guy, Edwin, 14:5, 145, 140, 148, 149, 

150. 



H 

Hackluyt, Richard, 7, 9. 
Haddington, Viscount of, 26, 27. 

lieile,}s- Warwick, 26, 27. 

Haliburton, Thomas C, 1, 281. 
Hamilton, Marquis of, 26, 53. 65, 
99, 110, 144, 185, 186, 188, 198, 
297. 
Hammond, Joseph, .■)01,;J50. 
Laurentin, oOO. 

?rhTm,JThomas,7, 10, 21, 26, 

Haymon, ) 

Harris, Benj., 80. 

Hart, Albert Bushnell, 13. 

Harwood, George, 90, 91. 

Haven, S. F., 61. 

Hawkins, Sir Richard, 26, 27, 
William, 349. 

Haymon, see Hanham. 

Hazard, Ebenezer, 1, 7, 18, 20, 53, 
58, 77, 93, 95, 108, 126, 128, 165, 
175, 192, 197, 201,203, 222, 243, 
245, 256, 274, 281. 

Heale, see Hale. 

Heath, Robert, 26, 27. 

Henry IV., 1, 2, 6. 

Hickford, John, 218. 

Hide, 1 Edward, Lord, 294; see 

Hyde, \ also Clarendon, Earl of. 

Hilton, Edward, 120, 121, 125. 

Hinckley, Thomas, 108. 

Hincks, ) , , „a_ 

Hinkes;! Jo\m,mS. 

Holderness, Earl of, 75. 
Hongers, Hans, 13. 
Ih)oke, Francis, 303, 309. 
William, 240, 249, 251. 
Hough, Franklin B., 372. 



Howard, ,307. 

Howland, John, 110. 
Hubbard, William, 133, 134. 
Hull, John, 360. 
Humfrey, John, 89, 90, 91. 
Humpiireys, Robert, 349, 350. 
Ilutchins, Thomas, 90, 91. 
Hutchinson, Elisha, 360. 

Joshua, 335. 

Thomas, SO, 308, 335. 
Hyde, see Hide. 



Ince, Jonathan, 273. 

J 

James I., 0, 7, 15, 18, 20, 21, 46,57, 
58, 65, 76, 90, 110, 117, 122, 
134, 138, 143, 153, 160, 181, 182, 
184, 190, 192, 197, 203, 209, 297, 
338. 

James II., 324, 326, 359, 366, 367, 
369, 370, 372, 373, 376, 377, 379. 

James, Peter, 131, 132. 

Jefferys. William, 120, 125, 160. 

Jenings, Abraham, 75. 

Jenkinsou, Charles, 279, 311. 312, 
31i), 341, 343, 374. 

Jenness, John Scribner, 98, 143. 

Jocelyn, ) Henry, 137, 140, 149, 

Joslin, \ 1.j7, 246, 249, 251, 

Josselin, j 289, 290, 303, 307. 

Sir Thomas, 245, 246, 247, 248. 

Johnson, I t?i i j o^n 

JohnstoA, i E^^^^^-^' -^O^- 

Isaac, 90, 91. 

John, SO, 165. 

William, 360. 
Jones, Thoma, 300. 
Jordan, Robert, 152, 289. 290, .303, 
309. 

K 

KiES, Jan Clkmkntsskn, 13. 
Kinge, John, 142. 

L. 

Lachfoud, Thomas, 244. 
Laet, Joannes de, 57. 



392 



TERRITORIAL HISTORY OF MAINE. 



Laing, David, 58, 74, 76, 82, 181, 
189. 

Lamy, , 174. 

La Tour, Sir Charles, 212, 218, 260, 
261, 269, 270, 280, 282. 
Claude, de St. Estienne, .'j7, 128, 
129, 130, 131, 132, 212. 
Lee, Robert, 349. 

Lenox, Duke of, 21, 25, 27, 53, 61, 
63, 65, 99, 110, 134, 144, 185, 
186, 188, 198, 203, 204, 297. 
Leonard, Frederic, 175, 278. 

Leonare, , 93. 

Lescarbot, Marc, 1, 74. 
Leverett, Thomas, 125, 126, 127. 
Levett, Christopher, 72, 73. 
Lewis, Thomas, 117, 118, 120, 121, 

218. 
Lindsey, Charles, 175, 374, 377. 
London, Bishop of, 335. 

H., 340. 
Louis XII., 175. 
Louis XIII., 92. 
Louis XIV., 259, 260, 265, 269, 273, 

278, 280, 311, 373, 376. 
Love, Capt. Thomas, 75. 
Lybergen, Arnolt van, 13. 
Lygon, Cicely, 133. 

M 

McKeen, John, 178. 

Mackworth, Arthur, 217, 218. 
Mr. , 288. 

Magnus, J., 56. 

Mansell, Sir Robert, 26, 27, 75. 

Mar, Earl of, 59, 78. 

Marshall, Earl of, 201. 

Mason, Edward, 334. 
John, 64, 05, 67, 68, 69, 70, 71, 95, 
96, 97, 98, 99, 101, 102, 103, 104, 
105, 106, 107, 143, 145, 146, 148, 
149, 150, 184, 185, 186, 187, 188, 
191, 192, 193, 194, 195, 196, 201, 
205, 206, 208, 209, 210, 211, 334, 
336, 340, 359. 
Robert, 308. 



Masterson, Nathaniel, 318. 

Mati-evers, ( ^ i io^ nn, 
Maultrovers, ( ^oi'd- 184, 201. 

Maverick, Samuel, 72, 73, 160, 310. 

May, Jacobssen, 13. 

Maynard, Lord, 335. 

Maynet, Josh, 129, 132. 

Menon, Charles de, .see D'Aulney, 

Charles. 
Menstrie, Lord of, 129; .see Alex- 
ander, Sir William. 
Middlesex, Earl of, 75. 

Middleton, , 377, 378. 

Mihikermett, 363, 365. 
Mompesson, Sir Giles, 20, 27. 
Monmouth, Duke of, 343, 357. 
Moody, Joseph, 304. 
Moore, John, 211. 
Morrison, Simon, 13. 
Morton, Nathaniel, 301. 
Munjoy, George, 307. 

N 

Neal, Francis, 289, 303. 

Walter, 140, 146, 151, 157, 171. 

Nehouongassett, ) 0/.0 o<«^ on- 
Neonongassett, ( ^^^' ^^*' ^^"'■ 

Newman, Matthew, 81. 

Nicholes, John, 340. 

Nimbanewett, ") .^^o .-./.^ .3^- 
Numbanuett, | ^63, o04, 36;j. 

Noell, Increase, 91. 
Northampton, Earl of, 335. 
North, Fra., 340. 
Norton, George, 160. 

Richard, 160. 

Robert, 160. 

Walter, 159, 160, 163, 179, 180. 
Nowell, Samuel, 360. 

O 

O'Callaghan, Edward Bailey, 
12, 16, 18, 53, 293, 305, 308, 326, 
376, 379. 

Oldham, John, 121, 122, 123, 124, 
125. 

Orange, Prince of, 373. 

Ormand, Duke of, 335, 340. 



INDEX. 



:^y3 



I'ALAiKKT, John, 58. 
Parker, James, 121. 

John, ;;oG. 

William, 7, 10. 
Pelgrom, Paiilus, lo. 
Pellicorne, Gaspar, 330, 334. 
Pembrook, Earl of, 26, 27. 
Pendleton, Brian, 276. 
Penner, Itichard, 349. 
Pery, Richard, 91. 
Peterborough, Earl of, 3-55. 
Peyster, John Watts de, 328, 329, 

330, 331. 
Phillips, John, 349. 

Nathaniel, 348, 349. 

William, 309. 

Pierce, John, 45, 46, 47, 48, 49, 50, 

51, 52. 

Pigott, , 325. 

Pinchon, } ■, , „„„ „»o 
Pynchon, } '^^^n, 360, 368. 

William, 90, 91. 
Poor, John Alfred, 7, 16, 18, 21, 46, 

61, 64, 219. 
Poore, Ben: Perley, 1, 7, 21, 86, 95, 

175, 192, 305, 324. 
Pophani, Sir Francis, 26, 27. 

George, 7, 10. 
Porter, Joseph W., 281. 

Potier, , 6. 

Povey, Richard, 211. 
Preble, Abraham, 128, 290. 
Preston, Howard W., 7. 

Prout, , 73. 

Purchase, Samuel, 2, 7, 57, 74. 

Thomas, 177, 178, 179, 243, 244, 
303, 362, 363, 365, 366. 
Pyke, Robert, 360. 
Pynchon, see Pinchon. 

K 

Ra/.illy, Isaac de, 172, 173, 212, 

260. 
Richardson, Amos, 244. 

5*'°'^«' i Francis, 303. 
Raynes, j ' 



Rainsl'ord, Rich., 340. 

Robert, 160. 
Randolph, Edward, .359, 367, 368, 

369. 

Rattcliffe, , 62. 

Rawson, Edward, 132, 287, 319, .•;23. 
Rhoades, John, 328, 329, 330. 
Richards, John, 360. 
Rich, Sir Nathaniel, 26, 27. 
Richelieu, Cardinal, 172, 174, 212. 
Rigby, Sir Alexander, 133, 134, 

135, 136, 214, 260. 
Edward, 133, 1.34, 136, 214. 

Rigley, , 266. 

Rishworth, Edward, 121, 181, 196, 

214, 290, 291, 303, 309, 310. 
Robbinson, Francis, 137. 
Roe, Sir Thomas, 26, 27. 
Rooke, Hen., 45. 

Roswell, Sir Henry, 88, 89, 90, 92. 
Rushworth, John, 93. 
Russell, Jacob, 360. 
Rymer, Thomas, 175. 



Saffori), Mosks a., 205, 208. 
Sainsbury, W. Noel, 61, 73,74, 151, 
159, 163, 177, 196, 201, 219, 277, 
281, 282, 305, 307, 308. 
Salisbury, Earl of, 26. 27. 
Saltonstall, Nathaniel, 360, 368. 

Richard, 90. 
Samoset, John, 80, 81. 
Sargent, B., 211. 

William M., 192, 205, 208. 
Savage, C'apt. p]phraim, 361. 

J., 133. 

Thomas, 121. 
Schenck, Hans Claessen, 13. 
Scottow, Joshua, 132, 358. 
Sedgwick, Maj. Robert, 280. 
Seymour, Sir Edward, 26, 27, 340. 
Shapleigh, Nicholas, 290, 361, 362, 

363. 
Sheffield, Lord, 26, 27, 53, 75. 
Sherman, John, 27.'>. 
Shurt, Abraham, 80, 81, 180. 



394 



TERRITORIAL HISTORY OF MAINE. 



Slafter, Rev. Carlos, 58. 

Rev. Edmund F., 58, 74, 76, 82, 
189. 
Smith, John, 20, 74, 134, 135. 
Smyth, Richard, 180. 
Somers, Sir George, 7, 9, 21. 
Southampton, Earl of, 19, 26, 27, 

294. 
Southcott, Thomas, 89, 90, 91. 
Southgate, William S., 180. 
Sowther, Xathaniel, 259. 

l?Sr; !«'■ H-^y. M. ™. '•'• 

Standish Miles, 116. 

Steenwyck, Cornelis, 330, 331, 332, 

333. 
Stirling, Alexander, Earl of, 181, 

182, 185, 186, 189, 201, 305. 
Henry, Earl of, 304, 305. 
William, Earl of, 305, 311; see 

Alexander, Sir William. 
Stith, William, 7. 
Stodder, Anthony, 360. 
Story, Isaac, 178. 
Stoughton, William, 334, 343, .356, 

360, 368, 371. 
Strachan, Alexander, 131, 132. 
Stratton, John, 163, 164. 
Stuart, James 181; see James I. 
Sullivan, James, 133, 222, 245, 249, 

251, 267, 274, 317. 
Sunderland, Earl of, 335, 373, 377, 

378. 
Surry, Earl of, 185, 186, 188. 
Sutcliffe, Matthew, 26, 27, 75. 
Sweertsseu, Berent, 13. 
Symons, Samuel, 276, 291. 

T 

Tellier, , 273. 

Temple, Col. Thomas, 280, 282, 283, 

284, 285, 286, 287, 311, 322. 
Thompson, Eben, 98. 

Mr. , 63. 

Thornton, Baron of, 131. 

John Wingate, 74, 80, 152, 165. 
Tony, Dew, 172. 



Torrey, William, 360. 
Trask, William B., 98. 
Trelawny, Rev. C T. Collins, 152. 
Robert, 142, 151, 1.52, 154, 155, 

156, 1.57, 158, 162. 
Tross, Edwin, 1. 
Trumbull, Benjamin, 20. 

Jonathan, 367. 
Tucker, Richard, 73, 214, 215, 216, 

217, 218. 
Tupe, Tho., 135. 
Turell, Daniel, 360. 
Turfrey, George, 136. 
Tuttle, Charles Wesley, 98, 143, 

328, 330. 
Tweenhuyzen, Lambrecht van, 13. 
Tylton, Peter, 360. 
Tynge, Edward, 296, 299, 300, 366, 

.368. 
Jonathan, 368. 

U 

Unongoit, so, 81. 
Usher, John, 343, 344, 346, 347, 349, 
350, 351, 352, 353, 3-54, 355, 368. 



Vahan, see Vaughan. 
Vassell, Increase, 90. 

Samuel, 91. 

William, 90, 91. 
Vaughan, George, 121. 
Ven, John, 90, 91. 
Vines, Richard, 121, 123, 124, 125, 
157, 163, 171, 246, 247, 248, 249, 
250, 251, 252, 253. 

Walter, 140. 
Volckertssen, Coruelis, 13. 

Thys, 13. 

W 

Waite, John, 360. 

Walker, Capt. , 311. 

Walters, Henry, 366. 
Wannerton, Thomas, 143, 145, 146, 
148, 149, 150. 



INDEX. 



395 



Warwick, Earl of, 26, 27, 53, 65, 75, 
no, lOS, no, 121, 125, 127, 134, 
135, 136, 137, 144, 158, 160, 164, 
172, 257, 297. 
Wanimbee, 363, 364, 365. 
Watts, Henry, 121, 280, 303. 
Way, Eleazer, 366. 

George, 177. 
Weedon, 363, 364, .365. 
Werden, Jo., 328. 
Wharton, Ricliard, .Jei. 363, .364, 

365, 366, 368. 
Wheeler, George Augustus, 178, 
243, 362. 

Henry Warren, 178, 243, 362. 
Wheelwright, Samuel, 309. 
Whitcombe, Symon, 88, 89, 90, 91. 
White, William, 2, 126. 
Whitmore, William E., 335. 
Wiggin, Thomas, 121, 276, 291. 
Wihikermett, 363, 364, 365. 
Willard, .J., 243, 356. 
Williams, Walter, 164. 
Williamson, Joseph, 126, 335, 340. 

William D., 2, 58, 266, 281, 307. 
Willis, William, 214, 245, 289. 
Wincoll, John, 309. 
Wingfield, Edward Maria, 7, 0. 
Winnington, John, 201. 



Winslow, Edward, lUi, 277, 278. 

John, 206, 209, 300. 
Winter, John, 151, 152, 162, 180. 
Winthrop, John, 86, 1.33, 162, 177, 
243, 244. 

John Fritz, 368. 

Stephen, 244. 

Wate, 368. 
Winton, Bishop of, 19. 
Withers, Thomas, 303. 
With, Jan de, 13. 
WithingtoD, John, 218. 

William, 218. 
Witssen, Gerrit Jacoby, 13. 

Jonas, 13. 

Wolseley, , 92, 243. 

Woolsey, Joel, 160. 
Worcester, Marquis of, 335. 
Worumbo, 180, 361, 363, 365. 
Wright, Nathaniel, 01. 
Wroth, Sir Thomas, 26, 27. 

Y 

Ykamans, Fra., 172. 

York, Duke of, 292, 304, 305, 306, 

319, 323, 324, 326, 372. 
Young, Sir John, 88, 89, 90. 

Z 

ZoucH, Sir Edward, 26, 27. 



INDEX OF PLACES. 



Acadia, | 1, 2, .3, 7, 126, 128, 129, 

Accadja, i 130, 175, 176, 212, 

2.59, 260, 264, 260, 270, 272, 278, 
280, 281, 282, 283, 311, 312, .322, 
328, 320, 330, 331, 382, 383, 384. 

Accomenticus, see Agamenticus. 

Acconquesse, 258. 

Acockcus, 258. 

Acquessent River, 258. 

Africa, 6."), 56, 316. 

Agamenticus, 266, 276. 
Kiver, 150, 160, 161. 



Aix-la-Chapelle, 172, 259. 
Albany, N. Y., 324, 372. 
Amsterdam, 13. 

Androscoggin Falls, 361, 362, .363, 
364. 
River, 177, 244, .361, 362, 363, 364. 
Annapolis, 281. 
Antegoa, 312. 
Ashoton, Phillips, 215. 
Atkins Bay, 362, 303. 

B 

BACtALOES, 60. 

Barbadoes, 137. 



396 



TEKRITOKIAL HISTORY OF MAINK. 



Baronny of de La Tour, 130. 

of St. Estienne, 130. 
Bassataquacke, 146, 147. 
Bay of Bequacack, 147. 

of Fundy, 281. 
Bedford, County of, 160. 
Belfast, 126. 
Berks County, 344, 354. 
Biddeford, 117, 121, 122, 245. 
Bishopscotte, see Pejepscot, 177. 
Blue Point, ISO, 288, 303, 309. 

Kiver, 137, 139, 153. 
Boston, 87, 128, 178, 282, 289, 296, 
322, 343, 344, 350,351,356, 363. 
Brabout Harbor, 303. 
Breda, 278, 281, 311, 314, 319, 321, 

322, 376. 
Bremen, Maine, 80, 165. 
Bristol, England, 8, 22, 166. 

Maine, 80, 165. 
Broad Bay, 46. 
Brunswick, 178, 243. 

C 

Cadia, le, see Acadia. 
California, Island of, 85. 
Canada, 82, 175, 176, 182, 189, 190, 
382. 

County of, 305. 
Canso, 128. 

Capawick, 302, 345, 351. 
Cape Ann, 187, 193, 206. 
Cape Breton, 60, 176. 

Cod, 74, 186, 191, 224, 302, 306, 
325, 327, 345, 351. 

Elizabeth, 119, 123, 152. 

Fourchere, 281. 

Ingogon, 129, 283. 

LaHeve, 130, 281. 

La Stere, 283. 

Newaghan, 323. 

of Good Hope, 55. 

of L'Heue, 130,281. 

Porpoise, 119, 123, 163, 164, 179, 
290. 
River, 164. 

Sable, 59, 60, 281,311. 



Cape, continued. 

St. Mary, 281. 

St. Vincent, 313. 
Casco, 215, 309, 357. 

Bay, 72, 135, 155, 218, 303, 358, 
362, 363. 

River, 155. 
Causumpsit Xeck, 258. 
Charles River, 88, 337. 
Charlestown, Maine, 80. 
Cloven Cape, 129, 283. 
Cobbasconte, J 

Cobestcont, [ 109, 112, 298, 299. 
Conaseconte, ) 
Cohasett River, 111, 112, 298. 
Comaseconte, see Cobbasconte. 
Conahasett River, 111, 112, 298. 
Connecticut, 380. 

River, 186, 191, 306, 325, 327. 
Cornwall County, 324, 372. 
Curacao, 329. 
Cushena, 299, 300. 

D 

Dedham, England, .58. 
Delaware, 379, 380. 

Bay, 306, 325, 327. 
Devon County, England, 10, 20, 25, 
26, 27, 33, 87, 88, 89, 109, 116, 
126, 127, 142, 153, 203, 204, 209. 

Maine, 322. 
Donaquac, 382, 383. 

River, 383. 
Dovei", 275. 

Duke's Territory, the, 314, 341. 
Duresme, 208, 302. 
Durham, 222, 225. 

E 

East Acadia, 260. 

East Greenwich, 34, 66, 68, 74, 90, 
100, 103, 110, 145, 211, 226, 300. 

East Jersey, 380. 

Edinburgh, 183. 

Holyrood Palace, 182. 

England, 7, 16, 17, 18, 21, ;22, 29, 
31, 32, 38, 46, .57, 62, 65, 76, 82, 
86, 87, 92, 93, 96, 99, 105, 109, 



INDEX. 



397 



England, continued. 

114, 110, 117, 121,122,128, 138, 
142, 14:5, 152, 153, 156, 166, 170, 
178, 190, 192, 194, 195, 190, 20:5, 
204, 205, 208, 209, 215, 217, 221, 
222, 223, 225, 227,229, 230, 231, 
232, 233, 235, 236, 240, 241, 247, 
248, 250, 252, 257, 266, 268, 278, 
280, 282, 292, 294, 297, 302, 304, 
306, 309, 310, 311, 314, 319, 323, 
324, 328, 334, 341, 343, 344, 345, 
351, 359, 360, 362, 36(5, 367, 369, 
370, 373, 379. 

Etecliemines, Country of the, 59. 

Exeter, England, 8. 

F 

Falls OF Pascassockes, 147. 
Falmouth, 73, 288, 289, 290. 
Fountainbleau, 6. 
Fort Royal, 176. 
St. John, 57. 
St. Loui.s, 174. 
Forts:— 
at Acadia, 384. 

Cape Breton, 176. 

Pejepscot, 366. 

Pentagoet, 260, 278, 280. 

Plymouth, 22. 

Port Royal, 278, 280. 

Quebec, 174, 176. 

St. John, 261, 278, 280, 281, 
283. 
France, 1, 2, 7, 21, 22, 46, 58, 65, 77, 

82, 87,92, 96, 99, 116, 117, 121, 

122, 128, 138, 142, 143, 152, 153, 

166, 175, 196, 203, 204, 205, 209, 

215, 223, 257, 259, 260, 269, 278, 

279, 280, 292, 297, 304, 306, 310. 

311, 324, 344, 351, 360, 367, 370, 

373, 376, 379. 

G 

Gaspie, \ ^.^^ 

Gathepe, { 

Gorgeana, 265, 266, 274, 303. 



Great Britain, 77, 82, 176, 312, 313, 
314, 316, 320, .321, .342, .375. .377. 
Greenwich, England, 74. 
Guinea, 316. 
Gulf of California, 82, 85. 

Canada, s;!. 

Maine, 0. 

u 

Hague, tuk, 15, 56, 311, .321. 
Hamburg, 27i». 
Harvard College, 273. 
Higansetts, 325. 
Hogg Island, 214, 216. 
Holland, 314. 
Hoorn, 13. 
House Island, 72. 
Hudson River, 185, 191, .306, .325, 
327. 



Ireland, 7, 21, 22, .38, 46, .58, 05, 77, 
82, 87,96,99,116,117,121,122, 
128, 138, 142, 143, 152, 153, 106, 
196, 203, 204, 205, 209, 215, 223, 
2.32, 257, 282, 292, 297, 304, .306, 
310, 324, 344, 351, 360, 367, 370, 
379. 
Island of California, 85. 

of Plymouth, 22. 
Isle de Sable, 60. 
of St. Croix, 173. 
Starling, 191. 
Isles of Capawock, 224. 
of Shoales, 98, 143, 147, 187, 207, 
224, 274. 345, 351. 

K 

Kennebec River, 108, 109, 112, 
178, 187, 188, 190, 210, 223, 277, 
278, 296, 29S, 299, 300, 304, 306, 
322, 323, 325, .'.26, 344, 351, 302, 
363, 364. 

Kent, County of, 34, 66, OS, 100, 
103, 110, 145, 211, 226, 300. 



398 



TERRITORIAL HISTORY OF MAINE. 



King's Province, the, 370, 380. 
Kittery, Maine, 205, 208, 265, 273, 
274, 275, 276, 288, 290, 303, 309- 



La Cadia, 1 . , 

Laconia, \ 65, 98, 99, 102, 133, 134, 
Lygonia, j 135, 136, 146, 214, 

288, 308. 
La Have, 311. 
Lake Bequacack, 147. 

of the Irroquois, 101. 
La Marie, Straits of, 55. 
Lancaster County, 135. 
Liconia, see Laconia. 
Lincoln County, 80, 126, 165. 
L'omeroy, 130. 

London, 8, 9, 16, 22, 45, 46, 58, 99, 
126, 129, 131, 132, 143, 160, 183, 
184, 209, 248, 279, 360, 373. 
Coffee House, 86. 
Fetter Lane, 269. 
Martin's Lane. 131. 
Mercers' Hall, 295. 
Westminster, 7, 87, 99, 109, 144, 
190, 192, 203, 209, 243, 278, 282, 
287, 295, 297, 301, 307, 319, 321, 

324, 341, 344, 350, 360, 381. 
Whitehall, 19, 73, 76, 182, 201, 

221, 269, 376, 378. 
Winsor Castle, 328, 373. 
Long Island, 188, 191, 305, 306, 

325, 327. 
Lunenburg, 281. 
Lygonia, see Laconia. 



M 

Machegonne, 215. 

Magellan's Straits, 55. 

Magets, 383. 

Maine, District of, 222, 245, 249, 

267, 273, 274, 317. 

Province of, 62, 64, 68, 72, 87, 

133, 135, 136, 137, 159, 178, 184, 

222, 224, 226, 239, 243, 245, 246, 



Maine, continued. 

248, 249, 251, 253, 255, 265, 266, 
267, 288, .301, .302, 304, .305, .307, 
308, 309, 310, 317, .330, .3.34, 337, 
338, 339, 340, 341, 343, .344, .350, 
351, 356, .357, 358, 367, 370, .380, 
382. 
State of, 1, 208, 222, 266, 267, 
277, 281, 308. 

Manhattan, Island of, 185. 

Marquoit, 362, 363. 

Martha's Vineyard, .302, .307, 325, 
327. 

Maryland, 185, 222. 

Masonia, 191, 192, 194, 207. 

Massachusetts, 80, 86, 87, 108, 133, 
179, 197, 198, 200, 243, 244, 267, 
273, 274, 275, 288, 289, 296, .308, 
310, 317, 322, 334, 336, 339, 340, 
343, .350, 3.56, .357, 358, 3.59, 361, 
367, 370, 379, 380, 382. 
Bay, 86, 87, 88, 90, 91, 308, 337, 
338. 

Mattawack, ( 188, 190, 306, 325, 

Matowack J 327. 

Melliguesche, 281. 

Menstrie, 57, 83, 129. 

Mereconeag, \ ori q«.t .-.p , 
Merriconeag,i'^^l'36o, o64. 

Mereliquish, 283. 

Merrimac River, 67, 88, 97, 101, 

197, 273, .3.34, 337,338, 339. 
Merrymeeting Bay, 362, 363, 364. 
Mescorus, 281. 
Middlesex County, 136, 344. 
Middleton, 377. 
Mills Piiver, 137. 
Mirliquesche, 130. 
Monhegan, Island of, 62, 64. 
Monomack River, 88, 334, 337, 338. 
Montreal, 384. 
Montserret, 312. 
Mount Desert, 382, 383. 
Munster, .341. 

MuSCOngUS, ) o, lor lOi* 1o- 

Musronlruss, pl' 1|^' .^6, 12^ 
Muscontus, j -'*^' -**'• 
River, 81. 



INDEX. 



899 



N 

NA.EMSKECKBTT, 258. 

Namebeck, 180, 187. 

Nantican, see Nautican. 

Nantucket, 300, .•32.J, '.121. 

Narratjansett, ;327, 307, 380. 

River, 111, 1 12, ISO, 298, 300, 325. 

Narrow Iligausett, 327. 

Naumkeck River, 193, 200. 

Nautican, 224, 302, 345, 351. 

Navarre, 2, 200, 269. 

Nawtican, .see Nautican. 

Nequamkick Falls, 112, 298, 299. 

Netherlands, the, 222, 341. 

Newbury, 133. 

New England, 15, 17, 18, 20, 21, 25, 
20, 27, 30, 33, 34, 35, 39, 40, 41, 
42, 45, 40, 47, 48, 49, 01, 03, 05, 
66, 72, 74, 86, 87, 88, 89, 90, 91, 
92, 90, 97, 98, 99, 101, 100, 109, 
110, 111, 112, 114,110, 117,118, 

119, 120, 121, 122, 123, 124, 125, 

120, 127, 128, 132, 134, 138, 139, 
140, 143, 144, 140, 151, 152, 154, 
158, 100, 161, 104, 106, 107, 109, 
172, 177, 178, 180, 183, 184, 185, 
189, 190, 191, 192, 193, 194, 190, 
197, 202, 203, 204, 200, 207, 209, 
210, 215, 210, 219, 221, 223, 245, 
251, 257, 2.58, 259, 202, 273, 274, 
277, 278, 281, 282, 283, 280, 290, 
297, 298, 302, 300, 307, 322, 325, 
326, 328, 334, 'iHj, 344, 346, 351, 
356,359, 301, 367, 369, 370, 371, 
372, 373, 379, 380. 

New Foundland, 84, 382. 

New France, 14, 172, 173, 174, 175, 

176, 212, 213, 200, 209. 
Newgewanache, \ ^n.^. 
Newichwanock, / 

River, 187, 193, 200, 208, 210, 223, 
224, 344, 345, 351. 
New Guinea, 55. 

New Hampshire, 04, 95, 97, 143, 
191, 192, 193, 205, 207, 208, 367. 
New TTarbor, 81. 
New Netherlands, 12, 14, 319, 330. 



New Plymouth, .see I'lymduth, 

Mass. 
New Scotland, 57, 82, 129, 132, 182, 

188, 190, 300, 325, 326. 
New Somersetsliire, 214, 215, 210, 

217. 
New Town, 324. 
New York, 314, 324, 320, 307, 372 

380. 
Nickatay, 258. 
Nonsuch River, 137. 
North Virginia, 259. 
Nova Albion, 62. 
Nova Scotia, 7, 57, 00, 70, 78, 79, 

80, 83, 84, 109, 259, 209, 281, 

282, 283, 329, 330, 331. 



Palatine, County of, 222, 225, 302, 

344, 340, 347, 348, 351, 353, 354, 

355. 
Paris, 205, 272, 278, 281, 384. 
Pascataway, .see Piscatacjua. 
Passamaquoddy Bay, 13. 
Passataquack, see Piscataqua. 
Patuckquett River, 258. 
Pejepscot, ) 150, 151, 177, 178, 
Pagiscot, [ 243, 244, 303, 301, 
Pegypscott, ) 302, 303, 305, 300. 

River, 64, 177, 303, 304. 
Pemaquid, SO, 81. 105, 108, ISS, 190, 

304, 305, 300, 322, 323, 324, ;525, 

320, 372, 373. 
Falls, 81. 
River, 168, 326. 
Pennsylvania, 379, .380. 
Penobscot, 269. 

River, 127, 330, 331. 
Pentacost, 283. 
Pentagoct, 175, 200, 209, 278. 2S0, 

281,311. 
Pesumpsca Falls, 215. 
Petiiaquino, 300. 325. 
Piedmont, 92. 



400 



TERRITORIAL HISTORY OF MAINE. 



Piscataqua, / 143, 146, 147, 161, 
Pascataway, ) 178, 179, 187, 206, 
205, 266, 303. 
Harbor, 193, 206, 210, 223, 224, 

246, 344, 345, 351. 
River, 97, 135, 147, 224, 273, 274, 
302, 345, 352. 
Plymouth, England, 8, 10, 20, 21, 
22, 26, 33, 45, 87, 88, 89, 96, 109, 
116, 126, 127, 142,152,203,204, 
209, 296, 337, 338. 
Plymouth, Mass., 45, 46, 108, 111, 
197, 250, 257, 258, 277, 278, 296, 
297, 298, 300, 369, 380. 
County, Mass., 109. 
Plympton, Mass., 108, 109, 111. 
Poconockett, 111, 112. 
Point Perrill, 258. 
Port La Heve, 281. 
Portland, 214, 245. 
Port La Stere, 283. 
La Tour, 130, 281, 283. 
Le Meray, 283. 
L'Esmeron, 281. 
Royal, 278, 280, 281, 283, 311. 
Pountegouycet River, 330, 331. 

Q 

Quebec, 173, 174, 213. 

K 

Raxgeley Lake, 13. 

Redunes, ) ,^^ 
- - ' 185. 



Reddownes, 

Rhode Island, 108, 380. 

Richmond's Island, 155, 162, 103, 

309. 
River of Canada, 60, S3, 84, 85, 102, 
188, 190, 300, 325, 320, 380; see 
also River St. Laurens, 
of Ingogon, 129, 283. 
of the Iroquois, 101. 
St. Georges, 281, 282, 283. 
St. John, 213, 261. 
St. Laurens, | 262, 263, 264; see 
St. Lawrence, f also River of 

Canada. 
St. Mary, 281. 



S 

Sablon, Isle de, 60. 

Saco, 117, 122, 245, 288, 290. 291, 

303, 309. 

Bay, 180. 

River, 117, 121. 

Sagadahock, 62, 178, 184, 185, 186, 

187, 194, 210, 223,314, 319,324, 

344, 351, 362. 

River, 63, 67, 101, lU, 135, 189, 

192, 207, 223, 224, 302, 308, 344, 

34.5, 351, .352. 

St. Christopher, Island of, 312. 

Saint Croix, 188, 190, 325, 326. 

Bay, 172, 173. 

River, 57, 59, 172, 173, 189, 304, 

305, 306, 326, 379, 380. 

St. Germain, 175, 189. 

St. Jean River, 213. 

St. John, 278, 280, 283, 311. 

St. Mary's Bay, 59. 

Salem, 86, 164. 

Salmon Falls River, 208. 

Sawahquatock, 62. 

Sawamsett, 112. 

Sawnonsett, 111. 

Scarborough, 180, 257, 282, 288, 

289, 290, 291. 

Scotland, 7, 21, 22, 46, 57, -58, 59, 

65, 76, 78, 79, 80, 83, 87, 96, 116, 

in, 121, 122, 128,129,130, 131, 

138, 142, 143, 152, 1.53, 166, 181, 

196, 203, 204, 205, 209, 215, 223, 

292, 297, 304, 306. 310, 324, 344, 

351, 360, 367, 370, 379. 

Sebascoa Diggin, ( o^i or^ .3^, 
Sebascodiggin, j- -^ol, ob.j, 364. 

Seriqui, Country of the, 59. 
Setquin Island, 62. 
Sharpenhow, 160. 
Small Point Harbor, 362, 303. 
Somersett County, 215, .344. 
South Carolina, 301. 
South Sea, 127, 380. 
Sowamsett River, 258. 
Spurwinck, 288, 303. 
River, 137, 151, 180. 



INDEX. 



401 



Stechimini, Country of the, 59. 
Stogunimoi", 215. 
Straits of Anian, 55. 

of La Maire, 55. 

of Magellan, .55. 
Stratton's Island, 137, 104. 
Suffolk County, 08, 132, 282. 
Surequois, Country of the, 59. 
Suza, 02. 

Swackadock, | .^^ j2;^ 
Swanckadockc. | ' ' 

River, 119, 123. 



T 

Terra Nova, 55. 
Thornton, England, 131. 



Vermillion Sea, 84. 

Virginia, 6, 7, 8, 9, 10, 11, 14, 15, 

16, 19. 
Virginias, the, 2U2, 263, 264. 

W 

W^ARWICK H0U.SK, IGO. 

Watertown, 273. 

Wells, 208, 205, 200, 290, .•503, 309. 

Weserunscut, 299, 300. 

West Acadia, 200. 

West Indies, 54, 55. 

West Jersey, 380. 

Whiteby, 63. 

Worcester, 165. 



U 
United Netherlands, the, 12, 

14, 15, 53, 54, 56, 314, 319, 320, 

321, 330, 331, 332, 341. 
United States, 46. 
Upper Clapboard Island, 288. 



Yarmouth, 258. 

York, 122, 126, 137, 165, 177, 180, 

248, 274, 289, 290, 291, 301, 309, 

310, 318, 361. 
County, 173, 80, 193, 205, 208, 
Yorkshire, \ 214, 222, 273, 274, 

275, 288, 289, 291,317, 318. 



UNIVERSITY OF CALIFORNIA LIBRARY 

Los Angeles 
This book is DUE on the last date stamped below. 






.AN 21 



PSD 2338 9/77 



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UNIVH 



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