CO
COLLECTIONS
OF THE
MAINE HISTORICAL SOCIETY
SECOND SERIES
in
DOCUMENTARY
HISTORY OF THE STATE OF MAINE
VOL. VII
CONTAINING
THE FARNHAM PAPERS
16O3 1(588
COMPILED
BY MISS MARY FRANCES FARNHAM
MEMBER OF THE OREGON HISTORICAL SOCIETY AKD OF
THE AMERICAN HISTORICAL SOCIETY
PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDED BY
APPROPRIATIONS FROM THE STATE
PORTLAND
THE THURSTON PRINT
1901
T
TABLE OF CONTENTS.
PAGE.
I. Extracts from the Patent of Acadia, by Henry IV. of
France, November 8-18, 1603, 1
II. Extracts from the First Charter of Virginia, by James
I. of England, April 10-20, 1606, .... 6
III. Grant of Exclusive Trade to New Netherlands, by the
States General of the United Netherlands, October
11-21, 1614, 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 James I. of England,
November 3-13, 1620, 20
VII. First Falmouth Patent, by the Great Council for New
England, June 1-11, 1621, 45
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, 1
XI. Grant of the Province of Maine, by the Great Council
of New England, August 10-20, 1622, ... 64
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
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
Great 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, 1681, 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 fche Company of New France, May
14-24, 1632, 172
CONTENTS.
vii
PAGE.
XXXVI. Extracts from the Treaty of St. Germain, between
Louis XIII. of France and Charles I. of England,
May 29-June 8, 1632, 175
XXXVII. Deposition Concerning 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, 1633, . 181
XL. Final Division of the Patent for New England, by
the Great Council for New England, February
3-13, 1634-5, 183
XLI. Extracts from the Patent of the County of Canada,
by the Great Council for New England, April
22-May 2, 1635, 189
XLIT. Grant of Masonia, by the Great Council for New
England, April 22-May 2, 1635, . ... 191
XLI II. Declaration for Resignation of the Great Charter,
by the Great Council for New England, April
26-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
XL VII. Indenture of Land on the Newichewannock, by Sir
Ferdinando Gorges, September 17-27, 1635, . 208
XL VIII. 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 Kay, 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
vin
CONTENTS.
PAGE.
LIII. Commission to Sir Thomas, Jocelyn and Others, by Sir
Ferdinando Gorges, September 2-12, 1639, . . 245
LIV. Commission, with Ordinances, to Thomas Gorges, by
Sir Ferdinando Gorges, March 10-20, 1639-40, . 248
LV. Assignment of Plymouth Charter to the Freemen, by
Governor Bradford, March 2-12, 1640-41, . . 256
LVI. Commission to Lord D'Aulney Charnizay, by Louis
XIV. of France, February, 1647-8, ... 259
LVII. Social Compact to Secure Independent Government,
by Wells, Gorgeana and Piscataqua, July, 1649, . 265
LVIII. Petition to Parliament for Protection, by the General
Court of the Province of Maine, December 5-15,
1651, . .'267
LIX. Letters Patent Confirming Sir Charles La Tour in
Acadia, by Louis XIV. of France, February 25-
March 7, 1651-2, 269
LX. The County of Yorkshire Created, by the General
Court of Massachusetts Bay, November 20-30,
1652, 273
LXI. Petition for Enlarged Privileges on the Kennebec
River, by Edward Winslow for New Plymouth,
March 8-18, 1652-3, 277
LXII. Extracts from the Treaty of Westminster, between
Oliver Cromwell, Lord Protector of the Republic
of England and Louis XIV. of France, November
3-13, 1655, 278
LXIII. Extract from the Grant of Acadia to La Tour and
Associates, by Oliver Cromwell, Lord Protector of
England, August 9-19, 1656, 280
LXIV. Commission to Sir Thomas Temple as Governor of
Nova Scotia, by Oliver Cromwell, Lord Protector
of England, September 17-27, 1656, '. . . 282
LXV. Jurisdiction Extended over Lygonia, by the General
Court of Massachusetts Bay, October 19-29,
1658, 288
LXVI. Patent Constituting a Council for Trade, by Charles II.
of England, November 7-17, 1660, ... 292
LXVII. Indenture for the Purchase of Lands on the Kennebec
River, by the General Court of Plymouth, October
27-November 6, 1661, 29c
LXVIII. Commission to Francis Champernoon and Others, by
Ferdinando Gorges, June 21-July 1, 1664, . . 301
CONTENTS.
IX
PAGE.
LXIX. Extracts from the Grant of Pemaquid to James, Duke
of York, by Charles II. of England, March 12-22,
1664-5, 304
LXX. Report in Favor of Provincial Government in Maine,
by the King's Commissioners, June 23-July 3,
1665, 307
LXXI. Abstract of the Treaty of Breda, between Charles II.
of England and Louis XIV. of France. July
21-31, 1667, 311
LXXII. Extracts from the Peace of Breda, between Charles
II. of England and the States General, July 21-31,
1667, 314
LXXIII. Order for Submission of the Province of Maine, by
the General Court of Massachusetts Bay, May
27 -June 6, 1668, 317
LXXIV. Extracts from the Treaty of Westminster, between
Charles II. of England and the States General,
February 9-19, 1673-4, . . . . . .319
LXXV. Order for Commissioners to Hold Court at Pema-
quid, by the General Court of Massachusetts
Bay, May 27-June 6, 1674, 322
LXXVI. Extracts from the Grant of Pemaquid, Renewed to
James, Duke of York, by Charles II. of Eng-
land, June 29-July 9, 1674, 323
LXXVII. Commission to Major Andros as Governor of New
York, by James, Duke of York, July 1-11,
1674, 326
LXXVIII. Commission to John Rhoades for Possession of
Acadia, by the General West India Company,
September 11-21, 1676, 328
LXXIX. Appointment of Cornelis Steenwyck, by the General
West India Company, October 27-November 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, 1677-8, . . . . . . 341
LXXXII. Deed of the Province of Maine to John Usher, by
Ferdinando Gorges, March 13-23, 1677-8, . . 343
X 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, . 359
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-Augut 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 Radcliffe 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 discovery
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 are
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's "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 been 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. Xlll
Maine," with other papers of great assistance ; Mr. Justin
M. Leavitt, register of deeds for York County, courteously
explained 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 been 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 much
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 favors are cordially
recognized.
Finally, grateful acknowledgments are due to President
Hyde, of Bowdoin College, and Hon. James Phinney Bax-
ter, of Portland, for their kindness in examining manuscripts
and valuable suggestions.
Errors and omissions will undoubtedly appear, but the
aim of the compiler has been to present an accurate and
painstaking study from the sources.
MARY 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 a most interesting 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
something 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 presents 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 of 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 only Massachusetts
Bay and New York ; the Dutch and the French ; Parliament
and the King ; but Puritanism and Episcopacy, all struggled
INTRODUCTION. XV11
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
[CXXXIII.-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. I. la
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 documentary work affords an excellent opportunity for
the study of diplomacy. During several centuries there
was hardly a negotiation between England and European
powers but had an influence, direct or reflex, on Maine his-
tory. In the clearer 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-
tector of the Republic of England," 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
of 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 fit-
ting of 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 did 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 grim 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 difference
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 understood by aid of grants and records
Possession by " seisin," or " turf and twig" [XIV.,
XXXV., LXXXVI.] was the customary mode of legal
transfer of property. A notable 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 commonly known and distin-
guished by the name of California." The name of " Prov-
ince of Maine " is first used in the grant to Gorges and
Mason, 1622 [XI.] ; its origin is not difficult 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 Engla nd on the one hand and France on the other
[XLVIIL, LVL, LIX., LXIIL], 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."
XX11 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 Col-
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 Sainsbury, Pulsifer and Shurtleff,
is hardly less authentic than the original, and more reliable
than the copy of an amateur from archaic MSS. To tran-
scribe 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. XXI 11
series of certificated documents 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 papers.
The history of the York Records is of especial interest.
No trace has been found of the Commission to Sir Ferdi-
nando Gorges, but the records of his brief administration
are the oldest that relate to any organized government in
Maine. Those early records were made up ol judicial,
legislative and other transactions ; a separate registry of
deeds was begun in 1643. 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 Agamenticus [York] .
From the time when the province first came under the
jurisdiction of Massachusetts until 1760, Yorkshire em-
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 Madokawando with Governor Phips
[XCVL], were recorded together in 1721/2, and the
Pemaquid Patent [XXXIV.] was not recorded until 1737,
when rival claims under both 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 kept 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
INTRODUCTION.
is still preserved, and with it a quaint index still tied
as in olden time with a strip of 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.
In 1816, when the county seat was removed from York to
Alfred, all the records were deposited in the fire-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 Trelawny 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
work 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; by 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
TO THE
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 by Henry IV. of France to
De Monts, November 8/18, 1603, included all lands lying
between the fortieth and the forty-sixth degrees of latitude.
Under this commission the French established 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, editeur, 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 Majeste" Britannique, sur les possessions et les droits
respectifs des deux Couronnes en Amerique" (Paris, 1755),
II. 441-445 ; and extracts are in Thomas C. Haliburton,
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 deare 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 conserueit in
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 situation and condi^on of the lands and ter-
ritories of La Cadia, moved above all thinges with a singu-
ler zeale, and devout and constant resoluon w ch wee have
taken with the helpe and assistance of God Authour Dis-
tributour and Protectour of all Kingdomes ard estates to
cause the people w ch doe inhabite the countrey, men at this
pnte 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 fruitful!, commodious, and
profitable may bee with vs, to our estates and subiects, the
dwellinge possession and habita^on of those countries, for
the great and apparant profit w ch may bee drawen by the
greater frequenta^on and habitude w ch may be had with the
people that are found there, and the Traffickeand commerce
w ch 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, condi^on and situagon of the said coun-
trie of La Cadia : for the divers and sundry navigagons,
voyages, and frequentagons that you have made into those
parts and others neere and borderinge vpon it. Assuringe
our selues that this our resolugon 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 general!, 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 knowen 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 commaund 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 ch 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 affaires of warre, as for Justice and
policie, for the first 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 communicac.on 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 condigon 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 needfull, for the honour,
obedience and service of god, and establishment, mainte-
nance and conseruagon of our said authoritie amongst them :
at least to haunt and frequent by you, and ail our subiects
with them, in all assurance, libertie, frequentagon, and com-
municagon there to negotiate and trafficke lovingly and
peaceably. To give and graunt vnto them fovours, and
priviledges, charges and honours, w ch 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, reserue, 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 porgons thereof, to give
and attribute vnto them such titles, honors, rights, powers
and faculties as you shall see necessary, accordinge to the
qualities, condigons and meritts of the persons of the same
Countrie 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 ch you shall order and prescribe in the
foresaid space of 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 ch wee have made in this
Realme of the profitt and benefit t of them, by you or them
by whom you shall establish to that effect, reseruinge vnto
vs only the tenth peny, of that w ch shall issue from them of
gold, silver and copper, leavinge vnto you that w ch 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 pretend cause of
ignorance, of this our intention, and to busie himself in all,
or in parte of the charge, dignitie, and authoritie w ch wee
give vnto you by these presents : We have of our certain
knowledge, full power, and regall authoritie, revoked, sup-
pressed and declared voide, and -of none effect hereafter and
6 DOCUMENTS RELATING TO THE
from the present and all other powers and Comissions,
Itres and expedic,ons given and delivered to any person
soeuer, for to discover, people and iuhabite in the aforesaid
extension of the said lands scituated from the said 40 degree
to the 46, whatsoever they bee. And furthermore wee
command and ordaine all our said officers of what qualitie
and condi9on 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 iurisdk^ons, powers, and precincts, seekinge, as m[u]ch
as shall apperteine vnto them, to quiet and appease all
troubles and hinderance w ch 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
waxe.
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 Pilgrimes " (London, 1625), IV. 1683-84.
It was first printed entire by William Stith, " History of
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 both in
English and French from the original are in " Memoires des
Commissaires du Roi 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, &c.
WHEREAS our loving and well-disposed Subjects, Sir
Thomas Crates, and Sir George Somers, Knights, Richard
Hackluit, Clerk, Prebendary of Westminster, and Edward-
Maria Wingfield, Thomas Hanham, and Raleigh Gilbert,
Esqrs. William Parker, and George Popham, Gentleman,
and divers others of our loving 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 oiir People into that Part of 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 of 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, GKANT and agree, that the said Sir Thomas Gates,
Sir George Somers, Richard Hackluit, and Edward-Maria
Wingfield, 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 they
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 Southwest, 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 Northeast, or towards the
North, as the Coast lyeth, together with all the Islands
within one hundred Miles, directly over against the said
Sea Coast; and also alf 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, and Raleigh Gilbert, William Parker, and
George Popham, and all others of the Town of Plimouth,
in the County of 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 Place of their first Plantation and Habitation for the
Space of fifty like Miles, all alongst the Said Coast of Vir-
ginia and America, towards the East and Northeast, 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 ^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, 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 English 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 Colonies, 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 TrafSck
and Bargaining 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.
III.
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. Brodhead is the minute on a half-sheet
of paper, "File, Loopende." 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-fifth 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 "
" granting 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 Clementssen Bronwer, Jan Clementssen Kies,
and Cornelis Volckertssen, Merchants of the City of Hoorn,
owners of the Ship named the Fortuyn, whereof Cornelis
Jacobssen 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 Assembly
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 frequent 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 be 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 grants 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,
Officers, 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 XI th 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 Compan}' 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 tke 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 Ferdinando Gorges" (New York, 1862),
Appendix D, 108, 109.
Text.
To the Kinges most Excellent Majestie.
The most humble peticon of yo r Ma ties counsell for the
second colonie, and other the adventurers in the Western
partes of England for the plantacon in the North Partes of
Virginia in America
Maye it please yo r most Excellent Majestic,
Whereas it pleased yo r Ma tie by yo r most gratious L res
patentes bearing date the of Aprill in the fowerth
yeare of yo r Mat ies most blessed raigne to give lycence for
the establishinge of two Colonies in Virginie in America,
the one called the First Colonie undertaken by certaine no-
ble men knightes and merchants about London ; the other
caled the Second Colonie 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 r 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 ayde them
w th 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 r ma ties honour and the publique good of the
countrye.
TERRITORIAL HISTORY OF MAINE. 17
And as it pleased yo r ma tie to be gratious to those of the
first eolonie in enlarginge of the first patent two seav r all
times with many privileges & immunities according to yo r
princely bountye, whereby they have bin incouraged in
their proceedinges : Yo r Peticoners doe in all humillitie de-
sire that yo r Ma tie will voutchsafe unto them the like, that
they maye w th more boldnes goe on as they have begun, to
the satisfaction of yo r Ma ties most religious expectacon, w th
the alteracon onely of some few things & the additions here
insueing.
First, that the territories where yo r 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 be setled from 40 to 45 degrees of Northerly
latitude & soe from sea to sea through the maine as the
coast lyeth, & that yo r Ma ts counsel! 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 London, & others the adventurers both knightes gen-
tlemen and merchants in the western countryes : 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 th the
Treasurer and Secretary or any two of them, to be assisted w th
five or three others of the counsell shall think most conven-
ient for that service ; wherby yo r ma te most humble peticon-
ers doth verily hope, by Gods holy assistance to settle their
plantacon to the imployeing of many of yo r Ma ts Subjects
and the content of all that are well disposed to the prosper-
itie of yo r Ma te most happie raigne.
And soe yo r Ma te most humble peticoners shalbe bownd
(as in duty they are) to pray for all increase of glory &
perpetuall happiness to yo r Ma tie blessed posteritie for ever.
VOL. I. 3
18 DOCUMENTS RELATING 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 18 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.
V.
WARRANT FOR THE PATENT OF NEW ENGLAND BY
JAMES I. OF ENGLAND.
July 23 i goo
August 2 J
Sources.
For the warrant by James I., A ug ] ,f st ? 1620, to prepare a
patent for the Northern Company of Virginia, a judicial
copy is, according to Brodhead, in Council Register, Jac. I.
R. 1618-20, 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),!. 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'Callaghan, 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 Seale M r Coraptroler
E. of Arundell M r Sec y Naunton
E. of Southampton M r Sec y Calvert
Lo. BP of Winton M r of the Roles
M r of the Wardes.
A Let r to Sir Thomas Coventrie, Knight, his majes So-
licitor General.
Whereas it is thought fitt that a Patent of Incorporation
be granted to the Adventurers of the Northern collonye in
Virginia to containe the like liberties priviledges, power,
authorities, Landes, and all other thinges within their
lymitts viz fc betweene the degrees of 40 and 48 as were here-
tofore granted to the companie of Virginia, Excepting only
that whereas the said companie 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 tie 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 ies 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 tie
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.
NOVEMBER 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 1009, 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 first 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 already
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 Claims of Sir Ferdi-
nando Gorges" (New York, 1862) ; and by Francis Baylies,
" An Historical Memoir of the Colony of New Plymouth"
(Boston, 1866), I. 160-185; again by William T. Davis,
" A History of the Town of Plymouth, with a Sketch of
the Origin and Growth of Separatism " (Philadelphia,
1885), Appendix V. 137-145. It is also in Ben-: Perley
Poore, The Federal and State Constitutions, Colonial
Charters and Other Organic Laws of the United States "
(Washington, 1877), U22-931.
Text.
Sexta decima Pars Paten de Anno Regni Jacobi, Angliae &c.
Decimo Octavo.
D. Con. Ludovico Duci Lenox, et al. Consiliar de
Plymouth, Con new Colon de Newe-England, sibi et tiucces-
sorib. 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-ffourd and
ffourty-five ; We according to our princely 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 Thomas Gates, Sir George Comers,
Knights, Thomas Hamon, and Raleigh Gilbert, Esquires,
and of their Associates, fior the more speedy Accomplish-
ment thereof, by our Letters-Pattent, bearing Date the
Tenth Day of Aprill, in the Fourth Year of our Reign 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 large
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, Sir fferdinando Gorges, Knight, Cap-
tain of our ffort 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 effectual
manner to prosecute the same, and to that Purpose and In-
tent have desired of Us, for their better 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 would likewise be
graciously pleased to make certaine Adventurers, intending
to erect and establish ffishery, Trade, and Plantacion,
within the Territoryes, Precincts, and Lymitts of the said
second Colony, and their Successors, one several distinct
and entire Body, and to grant unto them, such Estate,
Liberties, Priveliges, Enlargements, and Immunityes 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 Fourty 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 Meanes ac-
crue, belong, or appertaine unto them, or any of them.
And also for that We have been further given certainly to
knowe, that within these late Yeares there hath by God's
Visitation raigned a wonderfull Plague, together with many
horrible Slaughters, and Murthers, committed amoungst
the Savages and bruitish 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 Eriterprize ; 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 be
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 by these Presents, for Us, our
Heyres and Successors, doe grant, ordaine, establish, and
confirrae, 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, Knight 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 Councill, shall be in, and by these Presents, incor-
porated to have a perpetual Succession for ever, in Deed,
Fact, and Name, and shall be 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, Marquess Hamilton, Earle of Pembroke, Earl
of Arundell, Earle of Bathe, Earle of Southampton, Earle
Salisbury, Earle of Warwick, Viscount Haddington, Lord
Zouch, Lord Sheffield, Lord Gorges, Sir Edward Seymour,
Sir Robert Mansell, Sir Edward Zouch, Sir Dudley Diggs,
Sir Thomas Roe, Sir fierdinando Gorges, Sir ffrancis Pop-
ham, Sir John Brooks, Sir Thomas Gates, Sir Richard
Hawkins, Sir Richard Edgcombe, Sir Allen Apsley, Sir
Warwick Heale, Sir Richard Catchmay, Sir John Bourchier,
Sir Nathaniell Rich, Sir Edward Giles, Sir Giles Mompes-
son, Sir Thomas Wroth, 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 Habil-
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 concerning and belonging. 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 ffourty 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 Orders 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 ffourty
TERRITORIAL HISTORY OF MAINE.
29
Persons for the Time being, to be a President of the said
Councill, which President soe elected and chosen, Wee will,
shall continue and be President of the said Councill for so
long a Time as by the Orders of the said Councill, 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
Councill 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 Councill 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 Councill, 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 Councill, and which from time to time shall be of
the said Councill, so that the Number of ffourty Persons
of the said Councill may from time to time be supplied :
Provided always that as well the Persons herein named to
be of the said Councill, 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 Oathes 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-Englatid. 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 traffick 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 being, 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 Kealme 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 arid 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 New-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 of 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 ftbraigne 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 meere 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 ffourty Degrees of Northerly Latitude from the Equi-
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 Cornodities, 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 Voyages, 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, Armour 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 Real me
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
special! 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 special! Licence of the said
Councell and their Successors, or the greater Part of them,
shall attempt to inhabit within the said several! 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
Limitts and Precincts of the said Collony and Plantation,
and not being 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 Heires, 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 from
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 wee 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,
factors, Deputys, and Assignes, unless it be with the License
and Consent of the said Councill and Company first had and
obtained in writing, under the comon 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 heereby 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, Deputy es, or Assignes, shall and may 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
remaine 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 ffarmers, 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 be 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
Custome 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 heereafter, landed and exported out
of any of our Realmes aforesaid, thut 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 time
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 in 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 Benefitt 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 any 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 from 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 jjthence either treacherously
come back againe, or returne into the Kealme 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 Offenders ; 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 affected 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 Affaires 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, convened,
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 any of them, to the
said Collony of New-England, there to be proceeded against
and punished as the Governour's Deputy or Councill there
for the Time being, shall think meete, or otherwise accord-
ing to such Laws arid 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 MAINE. 43
such Robbery or Spoile, shall not make or cause to be made
Satisfaction accordingly within such Terme so to be limited,
that then it shall be lawful for Us, our Heires 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 Behalfe. 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 goe 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
effect 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 affect 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 &iid 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 Lands, 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, ffranchises, 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 Westminster the Third Day of No-
vember, in the Eighteenth Yeare of our Reign over
England, &c.
Par Breve de Private 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 clothworker of London," June 1/11, 1621, 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 their 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 souaigne 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 whereas 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 build a
Towne and settle dy vers gsons Inhabitants for the advancern 1
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 e% of them his and their heires and assignes
one hundred acres of grovvnd for e% gson so to be tran-
ported besides dyvers other pryviledges Liberties and com-
odyties hereafter menconed/ 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 efiy of them sevally & respec-
tyvelieone hundred sevall acres of grovvnd in New England
for eQy gson so transported 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 myles of the same (vnles it be on the opposite
syde of some great or Navigable Ry ver 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 pffitts & Comodyties as the said
Land and Ryvers which they shall make choyce of shall yeild
together with free lifttie. to fishe 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 whatsoefi) shall take
any benefitt or lifctie of or to any of the grownds or the one
half of the Ryvers aforesaid (excepting the free 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 r 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 maynteyning of Magistrats and other
inferio r 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 edy vndertaker & 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 eQy 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 Coming Yf
the said pson transported Contynue there three whole yeeres
either at one or seuall tymes or dye in the meane 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 efi)y pson so
transported or dyeing after he is shipped one hundred acres
of Land, and also that eQy pson or psons who by contract
TERRITORIAL HISTORY OF MAINE. 49
& agream* to be had & made with the said Vndertakrs shall
at his & their owne charge transport him & themselves or
any other & setle 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 graunted &
allowed vnto eQy 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 eQy 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. Michael 1 Tharchaungell to
the hand of the Rentgatherer of the said President &
Counsell and their successo r s forefi)/ the first paym 1 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 Tennts & 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 lett 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 Tents & srvants and
such as they or any of them shall contract with as aforesaid
and send and ymploy for the said plantacon to goe & returne
VOL. I. 5
50 DOCUMENTS RELATING TO THE
trade traffiq import or transport their goods & mchaun-
dize at their will & pleasure into England or elsewhere
paying onely such dueties to the Kings ma tie his heires &
successo r s as the President and Counsell of New England
doe pay without any other taxes Imposicons burthens or
restraints whatsoefi) vpon them to be ymposed (the rent
hereby resved being onely excepted) AND it shalbe lawf ull for
the said Vndertakes & Planters, their heires & successo r s
freely to truck trade & traffiq with the Salvages in New
England or neighboring thereabouts at their wills & pleas-
ures without lett or disturbaunce/ As also to haue lifttie
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 covennt & promyse to and with the said
John Peirce and his Associats and others contracted w th 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 surrender 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 will by their Deede
Indented and vnder their Comon scale graunt infeoffe &
confirme all and eQy 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 eQy pticler pryviledge & freedome
resvacon & condicon with all dependances herein specyfyed
& graunted/ And shall also at any tyme within the said
TERRITORIAL HISTORY OF MAINE. 51
terme of Seaven Yeeres vpon request vnto the said Presi-
dent & Counsell made, graunt vnto them the said John
Peirce and his Associats Vndertakers & Planters their heires
& assignes, Letters & Graunts of Incorporacon 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 governement ordering
& 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 & proffitts thereby
arrysing/ And in the meane tyme vntill such graunt made,
Yt shalbe 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 lawfull 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 eQy 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 inhabiting 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 Ryver 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 whatsoefi) all such
pson & psons as without the especiall lycense of the said
President or Counsell and their succeso rs or the greater pt
of them shall attempt to inhabit within the seQall 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 r 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 Officers of the places re-
spectyvely of eQy pson transported & landed in New Eng-
land or shipped as aforesaid to be entered by the Secretary
of the said President & Counsell into a Register 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 manfi to the
planting setling making & procuring of good & Staple com-
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 seales l And to th'
1 This word looks a little like seale, 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 hi said Associats haue sett to bis seale geven the day
and yeeres 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.
VIII.
EXTRACTS FROM THE CHARTER OF THE DUTCH WEST
INDIA COMPANY, BY THE STATES GEN-
ERAL OF THE UNITED NETHERLANDS.
JUNE 3, 1621.
Sources.
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 liber-
ties of 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 printed
by him in " The History of New Netherland " (New York,
1848),!., Appendix A, 399-407; it is also in Ebenezer
Hazard, " Historical Collections, Consisting of State Papers
and Other Documents "(Philadelphia, 1792), I., 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 interposition 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-
TERRITORIAL HISTORY OF MAINE.
55
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, moreover, furnish them 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 before the date of this charter,
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 Re 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, officers, 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.
TERRITORIAL HISTORY OF MAINE. 57
Underneath was written,
The Ordinance of the ,
High and Mighty Lords
the States General.
It was subscribed,
C. AERSSEN,
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, 1621.
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
Menstrie 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 compendium by
Samuel 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 " Memoires des Commissaires du Koi et ceux de sa
Majeste Britannique, sur les possessions et les droits re-
spectifs des deux Couronnes enAmerique" (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 Laiug, 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 English 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 ye, that we have always been intent on embracing
every occasion which might tend to the honour and advan-
tage of our Kingdom of Scotland,
TERRITORIAL HISTORY OF MAINE. 59
for these causes, as well as on account of the faithful
and acceptable service of our beloved 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 subjects 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 Counsellor,
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 commonly called by the name 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
corne, 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.
JUNE 24, -1^99
JULY 4, Lb ^'
/Sources.
Although the first division of the Great Patent for New
England, Jjgfj 4 , 1622, was never consummated it is here
given entire because it throws light 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 Majesty's Public Record Office,
London, for S. F. Haven and were published by Charles
Deane, editor, in American Antiquarian Society "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 by 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 th of July 1622. The
Earle of Arundell. Sr. Ferd : Gorges. Mr.
Secretary Calvert. Sr. Sam 1 Argall.
It is ordered and agreed that the Lord
Duke of Lenox have for his devident and
62
DOCUMENTS RELATING TO THE
Lord Dukes
Devition
Mr Secretary
Calverts
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 e middle of Sagadahoc and to goe close
to y e 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 e 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 e 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 England.
M r . 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 the
Timber.
Two Islands re-
served for publike
plantacon.
A place for the
publike Citty.
Touching ye re-
newing of the
patient.
The Lord Dukes
Devident.
morrow by two of ye clock, touching Timber
stayd by his appointment in ye woods at
Whiteby.
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-
tweene the branches of the two rivers for a
publike Citty.
M r Thompson is appointed to attend the
Lords for a Warrant to M r Attorney generall
for drawing ye new Patten ts, and S r Henry
Spilman is desired to attend M r Attorney
thereabouts.
The Lord Dukes and ye Earle of Arun-
dells devidents, sett down by S r Ferd :
Gorges upon view of y c 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 c 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
TheEarieof Arun- tfa M Land d North, accounting 1760
dies Devidt.
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.
XL
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
Maine " 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
TERRITORIAL HISTORY OF MAINE. . ' 65
history, although some of the early historians evidently con-
fused it with the Laconia grant of November 17/27, 1629.
Text.
This Indenture made the 10 th day of August Anno Dom :
1622, & in the 20 th yeare of the Reigne of our Sovereigne
Lord lames by the grace of God King of England, Scotland,
France and Ireland, Defender of the Faith &c a , Betweene
the President and & Councell of New England on y e one
part, & S r Ferdinando Gorges of London, Knight, and Cap-
taine lohn Mason of London Esquire on y e other part Witt-
nesseth that whereas our said Sovereigne Lord King lames
for the makeing a Plantacon & establishing a Colony or
Colony es in y e country called or knowne by y c name of New
England in America hath by his Highness Letters Patents
under the great Seale of England bearing date at Westm r :
the 3 d day of Novembe r in the 18 th yeare of his Reigne
given granted and confirmed 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 r Ferdinando Gorges Kn* and
diverse others whose names are expressed in y e said Letters
Patents, their successors and assignes that they shalbe one
Body Politique and Corporate perpetuall and that they
should have perpetuall Succession & one Comon Seale 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 successo : & given granted and confirmed
vnto the said President and Councill and their Successo
under the reservacons, 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 ch is situate ly-
ing and being between the Latitude of 40 and 48 Degrees
northerly Latitude together w th the Seas and Islands lying
w th in one hundred miles of any part of the said Coasts of
the Country aforesaid and also all y e 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 th 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 e said President and Councill their Successo" and
assignes for ever to be holden of his Ma ty his heyres and
successo as of his highness Mano r of East Greenwich in the
County of Kent in free and common Soccage and not in
capite or by Kn ts service Yeilding & paying to the King's
Ma tie his heyers and successo rs 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 r misses by his Ma ts said Letters Patents. Now
this Indenture witnesseth that ye s d President and Councill
of their full free and mutuall consent as well to the end that
TERRITORIAL HISTORY OF MAINE. 67
all the Lands, woods, lakes, rivers, waters, Islands and
fishings w th all other the Traffiques profits & comodityes
whatsoever to them or any of them belonging and hereafter
in these presents menconed may be wholly and intirely in-
vested appropriated severed and settled in and upon y e said
S r Ferdinando Gorges & Cap* lohn Mason their heyres and
assignes for ever as for diverse special! services for the ad-
vancem 1 of the s d Plantacons and other good and sufficient
causes and consideracons them especially thereunto moveing
have given granted bargained sould assigned aliened sett
over enfeoffed & confirmed And by these presents doe
give grant bargaine sell assigne alien sett over and confirme
unto y e s d S r Ferdinando Gorges & Cap* lohn Mason their
heirs and assignes all that part of y e maine land in New
England lying vpon y e Sea Coast betwixt y e rivers of Meri-
mack & Sagadahock and to y e furthest heads of y e said
Rivers and soe forwards up into the land westward untill
threescore miles be finished from y e first entrance of the
aforesaid rivers and half way over that is to say to the midst
of the said two rivers w ch bounds and limitts the lands afore-
said togeather w th all Islands and Isletts w th in five leagues
distance of ye premisses and abutting vpon y e same or any
part or parcell thereoff. As also all the lands, soyle,
grounds, havens, ports, rivers, mines, mineralls, pearls,
pretious stones woods quarreys marshes waters fishings
hunting hawking fowling and other comodityes and heredi-
tam ts whatsoever w th all and singular their apurtenances to-
gether w th all prerogatives rights royaltyes jurisdictions
privileges franchises libertyes preheminences marine power
in and vpon y e said seas and rivers as alsoe all escheats and
casualtyes thereof as flotson jetson lagon w th anchorage and
other such dutyes immunityes sects isletts and apurtenances
whatsoever w th all ye estate right .title interest claime and
demands whatsoever w ch y e said President and Councell and
68 DOCUMENTS RELATING TO THE
their successo of right ought to have or^claime in or to y e
said porcons of lands rivers and other y e 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 e same are among other things
granted to y e said President and Councell afores d Except two
fifths of y e oare of Gold and Silver in these pnts hereafter
expressed w ch said porcons of lands w th y e appurtenances
the said S r Ferdinando Gorges and Capt lohn Mason w th
the consent of y e President & Councell intend to name y e
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 e comodytyes and hereditam ts hereby
given granted aliened enfeoffed and confirmed or menconed
or intended by these presents to be given aliened enfeoffed
and confirmed or menconed or intended by these presents
to be given granted aliened enfeoffed and confirmed w th all
and singuler y e appurtences and every part and parcell
thereof unto y e said S r Ferdinando Gorges and Capt lohn
Mason their beyres and assignes for ever, to be holden of
his said Ma ties his heyres and successo" as of his Highnes
Mano r of East Greenwich in ye County of Kent in free and
common Soccage and not in capite or by Kn ts service.
Neverthelesse w th such exceptions reservacons limitacons
and declaracons as in y e said Letters Patents are at large
expressed yeilding & paying unto our Soveraigne Lord the
King his heyres & successo rs the fifth part of all y 6 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 yielding 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
TERRITORIAL HISTORY OF MAINE. 69
Successo doe covenant and grant to and w th the said S r Fer-
dinando Gorges and Capt. John Mason ther heires and
assignes from and after the ensealing and delivery of these
presents according to y e 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 e aforesaid Lands Islands rivers and premises w th
y e appurtenances hereby before given and granted or men-
coned or intended to be hereby given and granted and every
part & parcell thereof w th out any lett disturbance denyall
trouble interrupcon or evicon of or by y e said President and
Councill or any person or persons whatsoever claiming by
from or under them or their successo 1 " 8 or by or under their
estate right title or Interest. And y e said President and
Councill for them and their Successo rs doe further Covenant
and grant to & w th y e said S r Ferdinando Gorges & Capt.
lohn Mason their heyres and assignes by these presents that
they y e said President and Councill shall at all times here-
after vpon reasonable request at y e only proper cost and
charges in the Law of y e said S r Ferdinando Gorges & Capt.
lohn Mason their heyres and assignes doe make performe
suffer execute and willingly consent unto any further act or
acts conveyance or conveyances assurance or assurances
whatsoever for y e 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 e said S r 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 e Law shall
bee devised advised or required. And further it is agreed
by and between the said partyes to these presents and y e
said S r Ferdinando Gorges and Captaine lohn Mason for
them their heyres executors administrators and assignes doe
covenant to and w th y e 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 oare of gold and silver within y*
ground in any part of y e said premises that then they y e
said S r Ferdinando Gorges and Capt. lohn Mason their
he}Tes and assignes shall yield & pay vnto y e said President
and Councill their successo rs and assignes one fifth part of
all such gold and silver oare as shall be found within and
vpon y e premises and digged and brought above ground to
be delivered above ground & that always within reasonable
and convenient time it it be demanded after y e finding get-
ting and digging vp of such oare as aforesaid w th out fraud
or covin and according to y e true intent and meaning of
these Presents. And y e s d S r Ferdinando Gorges and Capt.
lohn Mason doe further covenant for them their heyres and
assignes that they will establish such government in y e s d
porcons of lands and Islands granted unto them and y e
same will from time to time continue as shall be agreeable
as nere as may be to y e Laws and Customs of y e 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 e directions of the President and Coun-
cill or in defaulte thereof it shall be lawfull for any of y e
agrieved inhabitants or planters being tenn ts vpon y e said
Lands to appeale to y e Chief Courts of Justices of y e Presi-
dent and Councill. And y e s d S r Ferdinando Gorges and
Capt. lohn Mason doe covenant and grant to and w th y e said
President and Councill their successo rs & assignes by these
presents, that they y e said S r Ferdinando Gorges and Capt.
lohn Mason shall and will before y e expiracon of three years
to be accompted from y e day of y e date hereof have in or
vpon the said porcons of lands or some p t thereof one part
with a competent guard and ten famillyes at y e least of his
Ma ties resident and being in and vpon y e same premises or
in default thereof shall and will forfeite and loose to the said
TERRITORIAL HISTORY OF MAINE. 71
President & Councill the sum of one hundred sterling
money and further that if y e said S r 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 e speciall license consent and
agreement of y e said President and Councill their successo
and assigns that then y e part or parts of the said lands so
alienated shall immediately returne back again to y e use of
y e said President and Councill. And further know ye that
y e said President and Councill have made constituted de-
puted authorized and appointed and in their place & stead
doe put Capt. Rob 1 Gorges or in his absence to any other
person that shall be their Governo r or other officer to be
their true and lawfull attorney and in their name and stead
to enter the said porcons of Lands and other the premises
w th their appurtences or into some part thereof in y e 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 e
said S r Ferdinando Gorges and Capt. John Mason or to
their certaine attorney or attorneys in that behalf according
to y e true intent and meaning of these presents, ratifying
confirming all and allowing and whatsoever their said attor-
ney shall doe in or about y e premises by these presents. In
Witnesse whereof to one part of these present Indentures
remaining in the hands of S r 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 r Ferdinando Gorges
& Capt. John Mason have put to their hands and scales.
Given y e day and yeare first above written.
72 DOCUMENTS RELATING TO THE
XII.
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," 1. 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 4< 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 Bay, 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 English owner of the soil where George Cleeve founded
Falmouth on the site of the present city of Portland.
Maverick says Levett's patent was purchased by the
Company of Plymouth Adventurers, in S y 2 /, 163f ; 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 r Christopher
Levitt, Esq r for 110, to bee a principall pattentee, Prout
p r Statute, It is ordered that a grant bee made unto M r
Levitt for 6000 Acres of Land, prout, &c. This grant was
drawne by S r Henry Spelman and signed prout, &c.
XIII.
SECOND DIVISION OF THE PATTENT FOR NEW
ENGLAND BY THE GREAT COUNCIL
FOR NEW ENGLAND.
JUNE 29, -, fi9
JULY 9, lb26
/Sources.
The second division of the Great Patent of New Eng-
land was made at Whitehall, in the King's presence, Sunday,
}Jf y e2 , 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 geo-
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
Office, 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 l
There were presented to the Kings most excellent Ma Ue a
Plott of all the coasts and lands of New England, devided
1 Proceedings American Antiquarian Society, 1867, 96; cf . do. 1875, 49; properly
June 28, Saturday.
TERRITORIAL HISTORY OF MAINE.
75
into twenty parts each part conteyning two shares, And
twenty lotts conteyning the said double shares make upp in
little bales 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 tie was
gratiously pleased to drawe the first lott in his Graces be-
half, which conteyned the eight number or share. And the
rest of the lotts were drawne as followeth :
The Lord Duke of Richmond for himself the number of 6
The Earl of Arundle and Surrey 20
For the Lord Keep, drawne by His Ma tle 17
The Earl of Middlesex 13
The Earl of Warwick 7
The Earl of Holdernes 14
The Earl of Carlile 18
For the Lord Sheffield, drawne by Sir John Bouchier 12
For the Lord Gorges drawne by the Kinges Ma tie 3
For Sir Robert Mansell drawne by Sir Samuell Argall 15
Sir Ferdinando Gorges 19
Sir Alleyn Apsley 10
For Sir Henry Spelman drawne by the Lord Duke of
Richmond 1 1
Sir Samuell Argall 2
Sir William Bellasys 16
Doctor Barnabe Goche 1
For Doctor Matthewe Sutcliffe drawne by Doctor Goche 4
For Cap 1 Thomas Love drawne by Sir Sam Argall 9
For M r Abraham Jenings drawne by Sir Sam. Argall 5
[The Lord Duke of Buckingham drawn by his Ma tle 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.
Sources.
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
gives a good idea of the motives for encouraging 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-entry."
The original 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 Laing, editor, "Royal Letters, Charters, and Tracts,
Relating to the Colonization of New Scotland, &c. . .
1621-1 638" (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
TERRITORIAL HISTORY OF MAINE. 77
des deux Couronnes en Amerique " (Paris, 1755), II., 226-
275; reprinted by Ebenezer Hazard, " Historical 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, where 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, may dare to oppose themselves to what-
soever difficulties beset other mortals any where. We thence
judge this undertaking to be exceedingly suitable to this
kingdom, which calls for the transportation of men only,
78 DOCUMENTS KELATING 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 country, 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
peace of our natural subjects of our said kingdom of Scot- v
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 seeing 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 MAINE. 79
manifold disadvantages which may result, by default, of
timely seisin being taken upon this present Patent, and upon
other Charters, and similar infeftments granted, and to be
granted, of the foresaid lands and lordship of Nova Scotia,
or any part thereof: Therefore that this, our present Char-
ter, may be more effectual, and that seisin thereup may be
more conveniently taken, it is necessar} 7 , that seisin of all
and sundry the foresaid lands, of the said country and lord-
ship of Nov-a 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
lordship 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 country aforesaid, 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 26,
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
Muscongus river, have bargained and sould to John Brown,
of New-Harbour, this certain tract or parcell of land as
followeth, that is to say, beginning at Pemaquid Falls and
so running a direct course to the head of New-Harbour,
from thence to the south end of Muscongus Island, taking
in the island, and so running five and twenty miles into the
country north and by east, and thence eight miles north-
west and by west, to Pemaquid, 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 lauds, 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 day 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. 7
82 DOCUMENTS RELATING TO THE
XVI. j!
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, being 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 exhibited 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 tha 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, much 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, portioners 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 well 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 both 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 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 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, &c that shall be
found conquered 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 Gulf 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
" Colony 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 Endicott 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 Coffee
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
TERRITORIAL HISTORY 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 bounds of Massachusetts Bay
are accordingly included in this compilation from the
" Massachusetts Records."
Text.
CHARLES BY THE GRACE OF GOD, Kinge 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 maine 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 prehemynences, both within the said tract of
land vpon the mayne and also within the islands and seas
adjoining :
fn
PROVIDED alwayes, That the saide islandes 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, lymitts 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 comon 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 comonlie called Monomack alias Merrie-
mack, and a certen other river there called Charles river,
being in the bottome of a certayne bay there comonlie called
Massachusetts alias 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
TERRITORIAL HISTORY OF MAINE. 89
landes and hereditaments whatsoever, lyeing within the
lymitts aforesaide 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 mencoedtobe given,
graunted, bargained, sould, enfeoffed, aliened, and con-
firmed, or any of them ; and also all mynes and my ne rails
as well royall mynes of gould and silver, as other mynes
and myneralls whatsoeuer in the saide lands and premisses,
or any parte thereof: And all jurisdiccons, rights, royalties,
liberties, freedomes, ymmunities, priviledges, franchises,
preheminences, and comodities 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 Endecott,
and Simon Whetconibe, 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 continue vnto the saide
Sir Henry Rosewell, Sir John Younge, 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 Goffe, 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 betweene the boundes
and ly mitts 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 and paying therefore to vs, our heires
and sucessors, the fifte parte onlie of all oare of gould and
silver, which, from tyme 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 affaires 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, and confirmed, And for vs, our
heires and successors, doe give, grauut, 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 Humfrey, John Endicott, Symon Whet-
combe, Isaack Johnson, Samuell Aldersey, John Ven,
Mathewe Cradock, George Harwood, Increase Noell,
Kichard Pery, Richard Bellingham, Nathaniell Wright,
Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas
Adams, John Browne, Samuell Browne, Thomas Hutchins,
William Vassall, William Pinchion, and George Foxcrofte,
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 Bay in Newe England, one bodie politique
and corporate in deede, fact, and name. Wee doe for vs,
our heires and successors, make, ordeyne, constitute and
confirme by theis presents, and by that name they shall
have perpetuall succession :
AND WEE 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, ordinnce, 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 Private 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 r sentium, 18
Martij, 1628. Coram me, Carolo Caesare, Milite, in Cancel-
laria Mro.
[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.
APBIL 24 1fi9q
MAY 4> it)Zy '
Sources.
For the Treaty of Peace and Confederation between Louis
XIII. of France and Charles I. of England, made at Suza
in Piedmont, ^J ?, 1629, the earliest text is undoubtedly
TERRITORIAL HISTORY OF MAINE. 93
that of M. J. Dumont, "Corps Diplomatique," V., Part II.
580, which was adopted by the French Commissioners,
"Memoires des Commissaires du Roi 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, " Recueil des Traites
de Paix" (Paris, 1692), V. ; and Ebenezer Hazard, " His-
torical Collections, Consisting of State Papers and Other
Documents" (Philadelphia, 1792), I., 319. An English
translation is by John Rush worth, " 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
inviolably, 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 Great 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 irnploy 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 th 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
TEREITORIAL HISTORY OF MAINE. 95
shall cease, and Proclamations needful to this effect shall be
published upon one day within the two Kingdoms. Given,
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 Hazard, " 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 Ireland, 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
Colony s, 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-pattents, 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
TERRITORIAL HISTORY OF MAINE. t 97
well as to the End, that all the Lands, Woods Lakes,
Rivers, Waters, Islands and Fishings, with all the Trafick,
Profits, and Commodities whatsoever, to them or any of
them belonging and hereafter in these Presents mentioned,
may be wholly and entirely invested, appropriated, served,
and settled, in and upon the said Captain John Mason, 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 confirme 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 westwards 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 Mason, 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 Office 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 Office 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 " Suffolk 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
1 '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 Laconia grant, but 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 r Ferdinando Gorges of London Kn 1 and Cap*
John Mason of London Esq r : 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 Eeign, give grant & confirm
unto the Right Hon ble Lodowick Duke of Lenox George
Marquis of Buckingham James Lord Marquis of Hamilton
Thomas Earl of Arundell Robert Earl of Warwick S r
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 body
and that they and their Successors shall be known called
Incorporated by the name of the president & Councill
established at Plyrn : for the planting ruling & governing
of New England in America and also did of his special
grace certain knowledge and mere motion tor him his heirs
& Successors give grant & confirm unto the said president
& 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 mannor
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 parcel Is 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 r Ferdinando Gorges &
Cap 1 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 sufficient 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 r
Ferdinando Gorges & Cap 1 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 Irroquois 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 Quarry s 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
Liberty s Marine power in & upon the said Rivers & Lakes.
As also all escheats and Casualtys thereof Flotson letson &
Lagon with Anchorages & other such Dutys Immunity s
sects isletts and appurtenancys whatsoever with all the
Estate right title Interest Claim & Demand whatsoever w ch
the said President & Council! & 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 r 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 enfeofied & 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 r Ferdinando
Gorges & Capt lohn Mason their Heirs and Assign's & their
associates contracts with them forever. To be holden of
his said Majesty his Heirs and successors as of his high-
nesses manner 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 Lawful! money of England at one intire
paym* within ten days after the feast of S fc Michael the
Archangel Yearly. And the said President and Counceil
for them & their Successors do covenant and grant to &
with the said S r Ferdinando Gorges and Cap 1 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 <fc
granted or mentioned or intended to be hereby given and
granted & every Part & Parcell therof without any Lett
Disturbance denyal trouble 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 r 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 r 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 r Ferdinando Gorges &
Cap 1 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 Party s to these Presents & the said S r
Ferdinando Gorges & Cap 1 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 r Ferdinando Gorges & Cap 1 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 r
Ferdinando Gorges & Cap 1 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 granted 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 r Ferdinando Gorges and Cap 1 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 r 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 Sum of One Hundred
Pounds Sterling Money & further that if the said S r 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 cbvenant & grant to and with the said S r
Ferdinando Gorges & Cap 1 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 r Ferdinando Gorges & Cap* John 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 r Ferdinando Gorges & Cap 1 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 r : 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 be 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 r 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 r Ferdinando Gorges & Cap 1 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 r 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 ; othertexts 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 appears in
" A forme to be placed before the Records of the several
inheritances granted to all and every the king's subjects
inhabiting with the government of New Plymouth,"
" Plymouth Records," I., 21-24, also in William Brigham,
" Plymouth Colony Laws," 21-27.
The charter is printed entire in this collection because of
its relation to Maine history. The territory on both 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 manuscript 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 King 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 Reigne
of England &c., Did giue grant & confirme unto the Right
Hon ble Lodwick late Lord Duke of Lenox George late Lord
Marques of Buckingham James Marques Hamilton Thomas
Earle of Arundell Robert Earle of Warwick S r fierdinando
Gorges Kn 1 & diuers others whose names are Expressed in
the s d 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 Council!, 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 franchises & Preheminences both
within the said Tracts of Land upon the Maine as also within
the said Jslands adjoyning, To haue hold 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 Council! 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 Care of Gold and
Siluer which from time to time and att all times from the
Dates of the said Letters Patients 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. 111
paid unto his s d Late Ma tie 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 yee 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 liued
in New England aforesaid and haue there Jnhabited and
O
planted a Towne Called by the Name of New Plyrn at
their Owne proper Costs and Charges and now Seeing that
by the Speciall Prouidence of God and their Extraordinary
Care and Jndustry they haue incressed their Plantation to
neere three hundred People and are upon all Occasion able
to releiue any new Planters or other his Majesties 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 Bargaine Sell Allien in ifeeof alott Assign And Con-
firme unto the said W m 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 als Sawnonsett ; westward and an other Streight
line Extending it Self Directly from the mouth of the said
Riuer called Cohasett als Conahasett towards the West So
farr up into the Maine Land Westwards as the Vtmost
Limitts of the said place or Country Comonly called
112 DOCUMENTS RELATING TO THE
Poconockett als Sawamsett Do Extend together with one half
of the s d Riuer called Narragansett Riuer and the s d Eeuolett
or Runlett called Cohasett als Conahasett and all Lands
Riuers waters hauens Ports Creeks flashings fowlings and all
hereditaments Proffitts Comodityes and Jmoluments What-
soeuer Scituate Lyeing and being or ariseing within or
betweene the said Liraitts 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 Jnfeoffe a Lott assigne and Confirme
unto the said W m Bradford his heirs Associates and Assignes
all that Tract of Land or part of New England in America
afores d 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 flSfteen English
milles on Each Side of the said Riuer Comonly 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 from the Sea
Commonly Called the Westerne Ocean to y e s d Riuer called
Kenebeck and from the Riuer to the said Westerne Ocean
togeather with all prerogatiues Rights Royalties Jurisdictions
Priuiledges franchises Libertyes and Emunities ; and also
Marine Lyberty with the Escheats and Causal ityes thereof
(the Admiralty Jurisdiction Excepted) with all the Jnterests
Rights titles Clame and Demand whatsoeuer which the s d
Councill & their Successors now haue or ought to haue and
Clayme and may haue and acquire hereafter in or to any the
s d Portions or Tracts of Lands hereby mentioned to be
granted or any the preheminences ; Jn as tree Large Ample
& benefitiall manner to all Jnterests 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 Land and all and Singuler y e premisses
aboue mentioned, to be granted with their & euery of their
appurtenances to the said W m Bradford his heires associates
and assignes for Euer to the Onely proper and absolute vse
and behoof of the s d W m Bradford his heires Associates and
assignes for Euer. Yeilding and payeiug 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 m Bradford his heires associates and assignes and
Euery of them his and their ffactors Agents Tenants and
Seruants and all such as he or they shall send or Jmploy
about his s d 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 d with Liberty of ffishing 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 Majestic 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 m 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 m Bradford and his Associates his heires and
assignes ; Nessasary defence 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 m Bradford his associates heires and assignes att all times
hereafter to Jncorporate By some usuall and h'tt 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
affaires 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 Officers 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 e President
and Councill hereafter to be Established ; And further itt
TERRITORIAL HISTORY OF MAINE. 115
shall be Law full and free for the said W m Bradford his
heires Associates and Assignes to transport Cattle of all
kinds and powder Shott Ordinances and amunition from
time to time as shall be necessary for their Strength and
Safty hereafter ; for their Seuerall Defences 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 plantacons 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 m 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 m Bradford his heires 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 m
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 m
Bradford his heires Associates and assignes by these presents
that they the said Cauncill shall att any time hereafter upon
Request, att the onely proper Charge and Costs of the said
116 DOCUMENTS RELATING TO THE
W m 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 assureing and Conueyeing
and Sure making of all the aforesaid Tract or Tracts -of
Lands Royaltyes mines and Mineralls Woods ffishings and
all & Singular their appurtenances unto the said W m 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 be deuised aduised or required
and Lastly KNOWN YE that wee the Councill haue made
Constituted and Deputed authorized and appointed, Capt n
Miles Standish or in his absence Edward Winslow, John
Rowland and John Alden or any of them to be Our true
and Lawful 1 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 d mentioned to be granted
premisses unto the said W m 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 Scale this thirteenth Day of January in the
fifth yeare of the Reigne of our Soueraigne Lord Charles by
the Grace of God King of England Scottland ffrance &
Jreland y e Deffender of the faith y e 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 of
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, "JJff f , 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 affayres 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, & Roy all Grant vnder the great seal of
England, beareing date the 3 d day of Novemb r ln ye eighteen
yeare of his Reign of England, France & Ireland &c ; for the
118 DOCUMENTS RELATING TO THE
causes y r in expressed did absolutely giue grant & Confirme
vnto the s d Counsell for the affayres 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 e mayn land togeather with all
the woods waters, Rivers soyles hauenes, harbours Yslands
& other Comoditys w'soeuer therevnto belonging, with
diverse other priuiledges Preheminences profetts & lib-
ertys, by sea & Land, as by the sayd letters Pattents
amongst other things Contayned, w r vnto due relation being
had, more at large It doth & may appeare ; Now know yee
that y e sayd Counsell for the affayres of New England In
America, as well for & In consideration that Thomas Lewis
Gentle : hath already been at the Charge to transport him-
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 Bouighton, & alsoe with there assotiates & Company
have vndertaken at thejr own proper Costs & Charges to
transport fiuety Prson thither with in seaven yeares next
Insewing, to plant & InLlbitt there, to y e advancement of
the Generall plantation of y l Country, & the strength &
safety y r of amongst the Natiues or any other Invaders :
Alsoe for the Incoragement of the sd Thorn 8 Lewis, & Cap 1
Ric : Bonighton & other Considerations the s d Consell there
vnto moueing, haue given granted, Infeoifed & Confirmed,
& by this Prsent writeing, doe fully clearly & absolutely
give grant Infeoff & 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 England In America
aforesd, commonly Called or known by the name of Swanck-
adocke, or by whoever other name or names the same is or
shall bee hereafter Called or known by, scituate lijng &
being between the Cape or bay comanly called Cape Eliza-
beth & the Cape or bay comanly called Cape Porpus
Conteyneing In breadth from North East to South West
along by the sea foure Miles In a streight lyne, or accompt-
ing seaventeen hundred & three scoore yards according to y c
standerd of England, to every mile, & eight English miles
vpon the Mayn Land on the North side of the River
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 e
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 Comoditys
Emoluments, & haeriditaments whatsoeuer, with all & sin-
gular thejr & every of thejr appurtenances in or with in the
lymitts or bounds aforesayd, or to the sayd Land lijng with
in the sayd Lymitts or bounds belonging, or in any wise
app r tayneing : To haue & to hould all & singular y e sayd
Lands & Premisses, with all & singular the woods quarries
Marshes Waters Rivers, Lakes, fishings, fowleings, Hawkines
Huntings, mines Mineralls of what kind or nature soever,
priviledges Rites lurisdictions, lybertys Royaltys & all other
pfetts, commoditys Emoluments, & hereditaments whoever,
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 1
Richard Bonighton, thejr hey res Assotiates & assignes for
ever, vnto the s d Tho : Lewis & Cap 1 Richd Bonighton thejr
heyres Assotiates & assignes for ever/ Yeilding & paijng
vnto o r Soveraign Ld the King, one fifth part of gould &
silver oare, & another fifth part to the Counsell aforesayd,
& thejr successors : to bee houlden of the sd Covnsell & y r
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 Willia7 Blackestoon of New England
aforesd Clerke, William JefferyS & 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,
& other the pmisses, 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 m to take & y e same soe had & taken in
y r names & stead to deliver possession & seazin there of
vnto the sd Thomas Lewis & Cap* Richard Bonighton, thejr
heyres Assotiates & assign according to the Teno r forme and
aeflfect of these Prsent, ratifijng confirming & allowing all &
whoever the sayd Atturney or Atturneys or either of them
shall doe In or about y e ^emisses by vertue here of ; In
witness w r 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 ffebrua : 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 r of the faith &c :
R : Warwicke Edw : Gorges/
June 28 : 1631 :
Possession Levery & seazin had & Delivered by the with
in named Edw : Hilton Gentlel one of the Commissioners
nominated by the Lords of y e Consell for y e affayres of New
England, vnto y e with in named Thomas Lewis Gentle
In y e gsents & 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 r with word for word Attests/
9 : 5 th m 1660 Thomas Savage
A true Coppy of this Pattent transcribed out of a coppy of
y e originall Attested by Cap 1 Tho : Sauage/ & y r with com-
pared word for word this 29 th 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
George 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 r 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 seale 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 grant 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 th all the woods,
waters, Riuers, Soiles Havens harbours Islands and other
comodities whatsoeuer therevnto belonging, w th Diuers
other priuiledges, p r heminencs profitts and liberties by 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 Aswell 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 Ouldbam 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 Ouldham to-
gether w th Richard Vines Genf and their heires Associatts and
company haue vndertaken 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
aduancement 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 assignes, and other good causes and consideracons
the said Councell therevnto moueinge Haue giuen granted
enfeoffed and confirmed, and by this their p r sent writeinge
Doe fully clearly and absolutely giue, grant enfeoffe and
confirme vnto the said John Ouldham and Richard Vines
their heires and assignes for euer, all that pte of the Mayne
land in New England 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 comonly
called Cape porpus, containeing in breadth from northeast
to southwest along by the sea ffowre 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 th all the
Shoares, Creekes, Bayes, harbours and coasts alongst the
sea within the limitts 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 pson or
psons, Togeather alsoe w th all the lands Riuers, Mines ,
124 DOCUMENTS RELATING TO THE
mineralls of w l kind or nature soeuer, woods, quarries,
marshes, waters, Riuers, lakes, ffishings, huntings, hawk-
ings, ffowleings, Commodities, emoluments and heridita-
ments whatsoeuer with all and singular their and every of
their appurfnances 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 r misses, w th
all and singular the woods, quarries, marshes, waters,
Riuers, 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 th their and euery of their appurfaances, 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
of the said land in vse twelue pence of lawfull 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 r misses with appurfaances by 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 name and steed to Deiiuer 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 r misses
by virtue thereof. In wittnes whereof the said Councell for
the affaires of New England aforesaid haue herevnto caused
their Comon seale to be putt yeouen the twelueth Day of
ffebruary, Anno Domni 1629, 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
faith &c :
Ro : Warwicke : Ed : Gorges : fferd : Gorges
Tho. Smith :
XXIV.
EXTRACT FROM THE MUSCONGUS PATENT BY THE
GREAT 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 RELATING 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 signs 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" (Belfast, 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 yt ye Counsell established at Plimoth in y e County of
Devon for y e 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 Enfieifed allotted and Sett over &
by these presents do clarly & absolutely give grant Bar-
gaine Sell alliene enfiffe allott & assigne & Confirm unto
John Beauchamp of London Gentlemen, & Thomas Leverett
of Boston in y e County of Lincorn gen 1 their heirs associates
& assigns all & Singular those lands Tenements & herediti-
ments whatsoever with y e appurtenances thereof in New
England afores d which are Cittuate Lying & being within
or between a place thence Commonly Called or known by y e
name of Musrongruss towards y e South orr Southwest & a
strait line Extending from thence directly ten Leaugs
up into y e Maine land & Contains thence toward y e
TERRITORIAL HISTORY OF MAINE. 127
great Sea Comonly Called y e South Sea & y e utmost Limits
of y e space ten Leauges
on y e North and North East of a River in New England
afores d Commonly Called Penobscott Towards y e North &
Northeast & y e great Sea Commonly Called y e westarn
ocean, towards y e east & astait & direct line extending from
y e most westeran part & Point of y e S d Straight line which
extends from Mecongoss afores d towards y e South Sea to y e
uttermost northeram limmits of y e S d ten leagues on y e
North side of y e S d River of, Penobscott towards y e 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 e Limmits & bounds afores d or any of them together
with all S d land y* ly & be within y e Space of Three miles
within y e Space of s d land & pmisses or any of them to have
& to hold all & Singulary y e S d land Teniments & heredit-
ments & pmisses whatsoever with y e appurtanances & every
part & parcell thereof unto y e S d John Beauchamp & Thomas
Leverett their heirs associates & assigns forever to their
only proper & absolute use & behoofe of y e s d Jn Beau-
champ & Tho 9 Leverett their heirs associates & assigns
forevermore to be Holden of y e Kings most Exellent
Majesty & Successors as of his manner of East green wich
by ffealtie only & not in Capite nor by length of Service
Yielding & paying unto his majesty his heirs & Successors
y e fifth part of all Such Oare of Gold & Silver y l Shall be
gotten & obtained in or upon y e pmisses or any part there-
of In Wittness whereof y e s d Counsell established at Plymoth
in y e County of Devon for y e Planting Ruling ordering and
Governing of New England in America have hereunto putt
y e Common Seal y e Thirteenth day of March in y e first year
of y e Reign of our Soveraign Lord Chads by y e Grace of God
128 DOCUMENTS RELATING TO THE
King of England Scotland France & Irland Defender of y e
Faith &c. Anno Domini 1629.
R. Warwick.
Seal
Recorded- according to y e Oraganall Jan 1 * 17 th 1721.
p Abra m Preble Reg r
XXV.
GRANT TO CLAUDE LA TOUR, BY SIR WILLIAM
ALEXANDER.
APRIL 30 -i /o n
MAY 10' 163 -
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 a r y il ^, 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, siSber 2 !* 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," III., 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."
TERRITORIAL HISTORY OF MAINE. 129
Text.
In the name of God Amen know all those who these
Lett Pattents shall see or shall heare read, that vpon this
p r 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 r SoQaigne Lord the King,
& in the p r nce of the witnesses, herevnder named were p r sent
in pson My Lord W m Allexander Knight Lord of Menstrie
& Cheife Secretary of State for the Kingdome of Scotland
for his said Ma ties of great Bretany privy Counsello r of
State, & Leiu* vnto his said Ma tie in New Scotland in Amer-
ica on the one pt who haueing by Lett" Pattents, from
his said ma tie under the great seale 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 Moneth of September in the yeare One thousand
Sixe hundred twentie & one, he hath out of the respect &
amitie w ch he beareth vnto S r Claude de Sainct Estienne
Knight Lord of La Tour & of Vuarre, & Vnto Charles de
Sainct Estienne Esq r , Lord of Saint Denicourt his Sonne
on the other p* the Said S r Claude de S* Estienne being
p r sent accepting & by these p r 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 r nts, 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 ch 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 r as much or more then any
Marquis, Earle or Baron holds or rayseth from the Crowne
of Scotland, according to the Lawes or Lett rs Pattents vnto
the said Lord Allexander, & vnto them graunted by the
Kings of Scotland, within the w ch Countrey, Lands & seas
aboue named, they may make build & erect villages,
Townes, & Castles & ffortresses as they shall see good, w ch
said Knight de La Tour, and his said Sonne shall hold &
enjoye, all the said Countrey here aboue within the said
Limitts named from the King & the succession of the said
Crowne of Scotland in ffief &, title of honnor & right of
inheritance with the said S r W m 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 ch 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 gmissed & for his Said Sonne by these p r nts doth
gmisse to be good & faithful Vassalls of the said Sov r aigne
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 ch there shall be planted
& resident, & shall maintaine good & faithfull Societie &
Vnion & the respect due vnto the said Lord Alexander
as vnto the Leiu 1 of the King, the said Lord Alexander
pmissing also on his part Amitie Societie Correspondency
assistance & protection from his said Ma tie & from him selfe
his Leiu* ffurthermore & over & aboue the said Lord Allex-
ander graunteth vnto the said Knight de La Tour & vnto his
said Sonne & vnto theire heyres & successo rs & 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 r nt & to corne & vpon the psen-
altie of the Ordinances appointed by the Lawes Established
on the one p l & the other to the violation hereof, the said
Lord Allexander gmissing over & aboue to make or Cause
to be made more ample Writing in good & due forme,
according and Conformably vnto the said Lett 1 " 8 Patients
vnto him graunted by his said Ma tie , whereof a Coppie
Collationed with the Original! shall be giuen vnto the Said
Knight de La Tour & his said Sonne & the said Lord Allex-
ander shall cause these p r iits to be agreed vnto, & ratifyed
by his said Ma tie vnder the great Seale of Scotland, if need
shall require, in witnes of the truth hereof there are two
writtings of the same tenor made & jndented w ch each ptie
hath respectiuely signed sealed & delivered, this made &
passed in Martins Lane nere vnto this Cittie of London in
the p r nce of s r Allexander Strachan Baronet of Thornton,
George Angush Peter James & Rich d Grimes witnesses
herevnto Called & admitted
Signed W Alexander a litle seale
132
DOCUMENTS RELATING TO THE
In testimony of the p r misses I the
aboue named Notary being required
haue Signed this p r nt instrin* w th my
jnanuall vsuall : signe I doe approve
of these words (theire heires & Rich :
Grimes) being interlyned
A Strachan
Rich Grames
the m r ke Jj
George Angush
of
A Great Seale in green wax
affixed and pendant below \ Peter James
endorced
Wee the vndersigners doe Certifie that Josh : Maynet who
hath vndersigned this instrum 1 here before, written with his
owne hand is a Notary Roy all dwelling at London by the
Authorise of the King our Soveraigne sworne and admitted,
& that full faith & Credit ought to be giuen both in judge-
nV, & out of the same vnto the acts & jnstrum ts & other
writings by him so vndersigned
made at London the 30 th day of April! 1630
Carolus Demetrius No? pub cus
Tho : de wainter No? pub cus
This deede before mentioned being translated hath beene
read & Comped w th y e Originall in french by me, & I finde
it no way differing in substance y r from 27 : 6 : 1659.
Jo : Endecott Gov r
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 l Estienne Lord of La Tour Barronet of New
Scotland word for word Compared w th the originall this 24 th
of August 1659.
p Edw. Rawson Recorder
TERRITORIAL HISTORY OF MAINE. 133
XXVI.
NOTES ON THE LYGONIA GRANT BY THE GREAT
COUNCIL FOR NEW ENGLAND.
JUNE 26 -ion
JULY 6' 163
Sources.
Of the grant of land by the Great Council $, 1630,
under the title of the Province of Lygonia but 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, VII., 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 4< 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 " farnilists" to New England, although James
Sullivan, " History of Land Titles in Massachusetts," sug-
gests the tenure " in free and common soccage," or by 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.
King James the First, by Letters Patents in 162
J Nov. 3
the 18 th year of his Reign grants unto the Duke
of Lenox, the Earle of Warwick, S r 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 r Ferdinando Gorges 163
for themselves & the rest of the Councill of Plym-
outh, by Indents dated 26 th 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 with
all Royalties & Priviledges within the Precincts
thereof calling the same by the Name of the
Province of Ligonia with power to make Laws <fcc.
In the Year 1630, The S d Bryan Bincks, John
Smith & others, Associates go personally into New
TERRITORIAL HISTORY OF MAINE.
135
England & settle themselves in Casco Bay near
unto the South Side of Sagedabock, & lay out
considerable Sums of Money in planting there,
& make laws & constitutions for the well ruling
& governing their S d Plantations & Province.
S r Ferdinando Gorges obtaineth from the King
Letters Patents under the Great Seal of England,
purporting a Grant to him & his heirs of all the
Lands between the River Piscataway & Sagade-
hock & extending 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
Survivors of Bryan Bincks & others with their
Associates Grantees of the S d Province of Ligo-
nia, do grant unto Alexander Rigby of Rigby in
the County of Lancaster Esq r & his heirs forever,
the S d Province of Ligonia, with all their Estate
interest & claim to the S d Land & Bays &
Premises
Afterwards Alexander Rigby makes several loans
and grants of severall parcells of Land within the
S d Province of Ligouia to divers persons reserving
small Quitrents & imploys much time & expends
considerable Sums of money in furthering & pro-
moting plantations there, & he drew up severall
constitutions for the well governing of the Inhab-
itants of S d Province which were about the 30 th
July 1644 confirmed by the Earle of Warwick &
others the Comissioners appointed by Parliament
for Foreign Plantations, by which S d constitutions
the S d Alexander Rigby his heirs & Assignes are
appointed to be President & Presidents of the S d
Province of Ligonia.
1640
Apr. 3
15 Car: 1st
1643
Apr. 7
1644
July 30
136
DOCUMENTS RELATING TO THE
1646
Mar. 27th
There arising some differences between the s d
Alexander Rigby & John Gorges Son & Heir of S d
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 rs for settling affairs of
Foreign Plantations : And they did by a Deed in
Writing,Dated 27 th March 1646 declare & adjudge,
That the Right & Title of the Province of Ligonia
was in the s d M r Rigby & his heirs & all the In-
habitants thereof were then commanded to Submit
to the Governm 1 & Jurisdiction of the s d M r
Rigby, which all or most of the Inhabitants in
Anno 1645 had done, by consenting unto the s d
Constitutions then sent them & subscribing their
Names thereunto.
Alexander Rigby afores d enjoyed the same
during his lifetime & dyed Aug 18 th 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 r , his younger
Brother, his heirs & assignes, Who sent ouer
George Cleves Gent n 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 a Edward Rigby Dyed & then the Premises
descend to Edward Rigby his Son & heir.
Pr George Turfrey Attorney
to the s d Edw d 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 Cam mock by the Great Coun-
cil granting 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 Maine
Historical Society. It was published in 1884 by James
Phinney Baxter, editor "Trelawny Papers," Maine Histor-
ical Society, Documentary Series, III., 10-14. The patent
was entered at York g e c ?S er2 ?, 1670, and is printed in
"York Deeds," II., folios 87, 88.
Thomas Cammock was a nephew 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, 1640/41, 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. Baxter's, in the
" Trelawny Papers."
Text.
To ALL CHRISTIAN P.EOPELL to whome this present writ-
inge Indented shall come, the Counsell for the affaires of
138 DOCUMENTS RELATING TO THE
New Ingland in America, Send grettinge in our Lord God
Euerlasting : Wher as Kinge James of famous memmory,
late Kinge of England, Scotland, ffrance, and Ireland, by
his Highnes leters pattents, and Royall grante vnder the
greate seale of Ingland, bearinge Datte the 3 th Day of
Noumber in the Eighttenth yeare of his Kaigne 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,
Kiuers, Soyles, Haueus, Harbours, Isle land, and other
comodityes what soeuer there two belonginge With Diuers
other priueledges, preheminencies, proffitts, and libbertyes,
by Sea and land, as by the said letters pattents, A Mongste
other thinges Contained, where vnto Due relacon 1 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 t8 lettrs Pattents, and for an In consideration
that Cap 1 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 ffarther Charge of Settling him
selfe, his ffamily and ffrinds, in those partes, in Considera-
tion Whereof, And for the Better Incoragement of the said
1 In the original written le La ton.
TERRITORIAL HISTORY OF MAINE. 139
Cap 1 Thomas Camocke and his said Associatts andAssignes,
and other good causes and consideration the said Counsell
there vnto Moueinge, HAUE giuen, Granted, Allotted, As-
signed, and Confermed, and by 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 fiue Hundred Acckers of land Sittuatted and bordering
vpon the East side of the Riuer Comonly Called ore known
by the Name off the Riuer of Blacke Poynte, ore by what-
soeuer other name ore names the same is ore haue byne ore
here affter 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 ail the Shoures, Creckes, bayes,
ore Hauens, and Coasts, alonge the Sea ore vp in the land
with in the bounds and limitts of the said one Thousand fiue
Hundred Accarrs of land, with the Woods and Isle lands with-
in the said bounds, together also with all the Mynes, Myner-
alls, Trade of what Kind or Nature soeuer, Woods, quarries,
Marshes, watter Lakes, fishinge 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 ffree 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 HOLDE all and singular
the said Maine land and premises with all and singular the
Woods, quaris, Marshes, watters, Riuers, Lakes, fishinge,
fouleinges, Hakings, Huntings, Mynes, Myneralls, trade of
Whatt kind ore nature What Soeuer, Preueliges, Rightes,
140 DOCUMENTS RELATING TO THE
Jurisdictions, libertyes, Royalltyes, and all other Proffitts,
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 the Kinge one
ffifte parte of Gould and Silluer Oare, and another fifte parte
to the Counsell Aforsaid and theire Successors 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-
sell, 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 1 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 1 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 1 Thomas Camocke, his Heirs, Asso-
ciatts, ore Assignes, ore any of them, shall not att any
tynae 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
Affaires, first had and Obtained on Writtinge vnder there
hands, and Comone scale 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
La we 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 1 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, Continewinge, ore fflorishinge
there of, that then vpon pettion of him the said Cap 4 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 1 Thomas Cam-
ocke, his Heirs and Assignes, shalbe Reasonablye in that
behalfe Deuized ore Aduized, and that in all questions and
Dovbts which shall Arise vpon any Difficulty 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. IN WITTNESS
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 th
This is a true Coppie of Cap* Thomas Cammocks Pattent
for New Ingland, taken out of the Originall in Plymouth,
the 4 th of January, 1631, By the speciall leaue and Consent
of the said Cap 1 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 d day of Nouem r An Dm 1631 :
and in y e 7 th yeere of y e 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 1 ,
& Councill of New England on y e one p ty and S r Ferdinando
Gorges Kn* Cap 1 John Mason of London Esq r and their
Associates John Cotton, Henry Gardner, Geo. Griffith,
Edwin Guy, Thomas Wannerton, Thomas Eyre and Eliez r
Eyer on y e other p ty Witnesseth. That whereas our late
Soueraigne Lord of famous memory King James for the
144 DOCUMENTS RELATING TO THE
makeing of a Plantacon and establishing of a Colonie or
Colonies in y e Countries called or knowne by the name of
New England in America, did by his Highnesses Lres pat-
ents under the Great Seale of England, bearing Date at
Westm y e 3 d day of Nou r 1620 giue grant and confirrae unto
the R fc Hon ble Lodwicke Duke of Lenox, Geo. Marques of
Buckingham, James L d Marques of Hamilton, Thomas Earle
of Arundale, Robert Earle of Warwicke, S r Ferdinando
Gorges Kn* and diuerse others whose names are expressed
in the s d Lres Pa?, their Heires and Assignes, that they
shalbe one body Politique, and Corporate perpetuall, and
that they should haue perpetuall Succession, and one Com-
mon Seale or Scales, to serve for the said Body, And that
they and their Successors shalbe knowne, called and incor-
porated by y e name of the presid 1 & Councill established at
Plyrn for the planting ruling and gouerning of New England
in America, and did of his especiall Grace, certaine knowl-
edge, and mere mocon for him his Heires and Success" give,
grant, and confirme unto the s d presid. and Councill and
their Success" under y e , Reservacons, Limitacons and Decla-
racons in the s d Lres pat. expressed All that part and porcon
of y e Countrie now commonly called New England w ch is
situate, lying, and being betweene y e latitude of 40 gr and
48 of North r ly latitude, Togeather w th y e Seas and Islands
lying w th in 100 Miles of any port of y e s d Coasts of y e
Countrie afores d And also all y e Lands, Soyles, Grounds,
Havens, Ports, Rivers, Mines as well Roy 11 Mines of Gold
and Silver as other Mines, Min r alls Pearles and precious
stones, Woods, Quarries, Marshes, Waters, ffishings, Hunt-
ing, Hawking ffowling, Commodities and Hereditam ts who-
ever, togeather w th all Prerogatiues, Jurisdicons, Royallties,
priuiledges, ffranchises, and Preheminances w th in any of the
s d Territories and y e p r 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 e s d Lres pa? granted or menconed to be granted
unto them y e s d presid* and Councill their Successors and
Assign for euer. To be holden of his Ma tie his heires and
Successors as of H 8se owne man r of East Greenw ch 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 tie his Heires and Success the one 5 th part of
all y e Gold and Siluer Oar that from time to time, and at
all times from ye date of the s d Lres pa? shalbe there gotten
had or obteined for all Services duties or demands as in and
and by his H se Lres pa? : amongst divs other things therein
conteined more fully and at large it doth and may appeare,
and whereas the s d Presid 4 and Councill have upon mature
deliberacon thought fitt for the better furnishing and fur-
therance of y e Plantacon in these parts to appropriate and
allott to seQall pticuler gsons diuerse pcells of land w th in
the p r cincts of the afores d granted p r misses by his Ma**
s d Lres pa?. Now this Indenture Witnesseth that the s d
Presid 1 and Councill of their full free and mutuall consent,
as well to y e end that all the lands, Woods, Lakes, louches,
Rivers, Waters, ponds, Islands and Fishings, w th all other
Traffique, Proffitts, 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 e s d Sir fferdinando Gorges
Capt. John Mason and their Associates, John Cotton Henry
Gardner, George Griffith, Edwin Guy, Thomas Wannerton,
Thorn : Eyre & Eliezer Eyre as by diuers speciall Seruices
by them already done for the aduancement of the s d planta-
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 of Shipps to be employed thither,
VOL. I. 11
146 DOCUMENTS RELATING 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 l the s d S r
fferd : Gorges, Capt. John Mason and their said Associates
John Cotton, Henry Gardiner, Geo : Griffith Edwin Guy,
Thorn. Wannerton, Tho. Eyre and Eliezer Eyer haue by
their Agents there taken great paines and spent much tyme
in the discouering of the Countrie all w ch hath cost them
(as we are credibly Informed) 3000 1 and upwards, which
hitherto they are wholly out of purse, upon hope of doing
good in time to come to y e publique, and also for other good
and sufficient Causes and Consideracons the s d presid 1 and
Council! 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 d fferdinando
Gorges Capt John Mason, John Cotton, Hen: Gardner
Geo. Griffith, Edwin Guy, Thorn. Wannerton Thorn Eyere
and Eliezer Eyre their Heires and 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 e Colony w th him now doth
or lately did reside togeather w th the Gardens and Corne
ground occupied and planted by the s d Colonie, and the Salt
workes all ready begun as afores d And also all that porcon
of Land lying w th in the precincts hereafter menconed,
beginning vpon the Sea coast about 5 miles to the w'ward
of or from the s d cheife Habitacon or Plantation now
possessed by the s d Capt. Walter Neale for y e use of the
Aduenturers to Liconia (being in the latitude of 43 degr
or thereabouts in the Harbour of Passataquack als Bassata-
quack aly Passataway, and so forth from y e s d beginning
Eastw d & North Eastw d and so proceeding Northw d8 or
North Westw ds into y e Harbour and River along the Coasts
TERRITORIAL HISTORY OF MAINE. 147
& Shoares thereof including all the Islands and Islets
lying w th in or neere unto the same vpwards unto the
head land opposite unto the plantacon or Habitacon now
or late in the Tenure or Occupation of Edw d Hilton, & from
thence, W^ 8 and South W t w d " in ye midle of the Riuer and
through the midle of y e 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 e 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 th all ye Lands, Soyle, Ground, Wood, Quar-
ries, Mines, ffishing Hunting Hawking ffowling Comodities
and Hereditam ts whatsoeuer, Togeather also w th all Proga-
tiues, Jurisdicons Royallties, Priuileidges, ffranchises and
preheminences w th in y e precincts of land conteined w th in
y e limits or bounds afores d And also the Isles of Shoales, and
ye ffishings thereabouts and all the Seas w th in 15 miles
of the fores d Sea Coasts, and also all the Sea Coasts and
land lying on y e East and Northeast side of the Harbour
and River of Pascataway afores d and opposite to the bounds
above menconed, beginning 15 miles to y e S : eastwards of
y e mouth or first entrance and beginning of the said Har-
bour, and so vpp to y e falls and into the ponds or Lakes
that feed the s d ffalls, by the space of 30 miles, including
the s d 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 e s d mouth or first
entrance from the Sea and Eastw ds into y e Sea w ch s d 3 miles
shalbe allowed for y e breadth of y e s d land last menconed
both vpon y e land and Sea, As also all yc Land, Soyle,
Ground, Woods, Quarries, Mines, ffishiuge, Hunting
Hawking ffowling Commodities and Hereditam 18 whatsoeuer
togeather w th all prerogatiues Jurisdicons Royallties Priui-
leidges ffranchises and pheminences w th in the pcincts of land
148 DOCUMENTS RELATING TO THE
last menconed, conteined. To haue and to hold all y e s d
House and Habitacon porcons of Land and all Lakes and
Islands therein conteined as aforesaid, and all and singuler
other y e pmisses hereby giuen, granted, bargained, sold,
alien.ed, eufeoffed, and confirmed, w th all and singular thap-
purtences and every part and pcell thereof unto y e s d S r
fferdinando Gorges, Capt. John Mason John Cotton, Henry
Gardner Geo. Griffith Edwyn Guy, Thomas Wannerton,
Thomas Eyre and Elyezer Eyer to y e only vse & behoofe
of them y e s d S r fferd : Gorges &c for ever. Yeilding and
paying unto our Souer L d y e King his Heirs and Succes-
sors of all y e 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 d presid* Councill and their
Successo rs euery yeere yeerely for ever 40 s sterl g at y e ffeast
of S* Mich : tharchangell if it shalbe lawfully demanded, at
the Assurance House on the West side of the Roy 11 Ex-
change in London. And the s d presid* & Councill for them
& their Success 1 " 8 do Covenant and Grant to and w th y e s d S r
fferdin : Gorges, Capt. John Mason and their said Associates
John Cotton Hen r Gardner Geo. Griffith Edwyn Guy Thorn.
Wannerton, Thorn. Eyer and Eliezer Eyre their Heires &
Assignes by these pnts that from thensealing and deliuery
hereof according to y e purport, true intent and meaning of
these pnts they the s d S r Ferdinan. Gorges, Capt. John
Mason and their s d Associates John Cotton Henry Gardner,
Geo. Griffith, Edwin Guy, Thorn. Wannerton Thorn. Eyer
and Eliezer Eyre, their Heires and Assignes shall from
tyme to tyme for euer peacably and quietly haue hold pos-
sesse and enjoy all thafores d House and Chiefe Habitacon
porcons of Land w th all y e Islands and p r misses w th thappur-
tenances 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 th out any Lett, disturbance, denyall
trouble interruption or eviccon of or by y e s d President and
Council! or any gson or gsons whatsoeuer clayming by from
or vnder them or their Successors or by or under their Estate,
Right, Title or Interest And the s d presid 1 and Councill for
them and their Successors do further Covenant and grant to
and w th y e s d S r fferd. Gorges, Capt. John Mason, and their
Associates John Cotton, Henry Gardner, Geo. Griffith Ed-
wyn Guy, Tho. Wannerton, Thorn : Eyre and Eliezer Eyre
their Heirs and Ass by these pnts that they the s d 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 r ferdin. Gorges, Capt. John Mason and their s d
Associates John Cotton Henry Gardner, Geo. Griffith,
Edwin Guy Tho. Wannerton Tho : Eyre and Eliezer Eyre
their Heires and Ass 8 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 d Houses and Habitacon, porcons of Land,
Islands and all and singular other the pmisses w th thappur-
tences to the s d S r fferd. Gorges Cnpt. John Mason and their
s d 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 ee that the s d presid 4 and
Councill haue made, constituted deputed, authorized ap-
pointed, and in their place and deed do putt Capt. Thorn :
Camack Henry Jocelin, or in their absence to any other
pson that shalbe their Gouerner or other Officer, to the
Pres dt and Councill to be their lawfull attorny and in their
name & stead to enter' into the s d House and Habitation
poisons of Land and other y e fhnisses aboue giuen and
150 DOCUMENTS RELATING TO THE
granted w th their apptences, or into some gt 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 thereof or of 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 d granted pmisses unto y e s d S r Ferdinando
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 behalfe, 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 Councill to two parts of these
presents both of one Tenor haue Sett their Common Seale
and to one part thereof the s d S r 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 Seales the day and yeere
first aboue written.
XXIX.
ABSTRACT OF THE GRANT TO RICHARD BRA.DSHAW,
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 MAINE. ' 151
manuscript records of the Council for New England give but
a brief abstract. That the grant was never made use of for
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,
" Trelawny Papers," Maine Historical Society, Docu-
mentary Series, III., 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 " (1867), 98. No other
record has been found except in W. 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 Land,
to be allotted above the hedd of Pashippscot, on y e 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, & for y* he
purposed to settle himselfe there with other his friends &
servants, & for y* he is to pay 12 d 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 e Gold and
Silver oare there shall be found to his Ma ty , and another
fifth 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 daie of December Anno
Dm 1631 And in the Seaventh Yeare of the Raigne of our
Souraigne Lord Charles by the grace of God of England
Scottland ffraunce and Ireland King defender of the faith
&c. BETWEENE the President und Councell of New England
of th'one parte And Robert Trelawny of Plymouth in the
Countie of Devon Marchant Moyses Goodyeare of Plymouth
TERRITORIAL HISTORY OF MAINE. 153
aforesaid Marchant and their Associatts of thother Parte
WITNESSETH That Whereas our Soueraigne lord King
James of famous memorie late King of England Scotland
ffraunce and Ireland by his highness Letters Pattents and
Royall graunte vnder the greate Scale 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 ftbrtie Eight degrees of
Northerly latitude, and in length by all that breadth afore-
said from Sea to Sea throughout the Maine land, Togeather
w th all the Woods, Waters, Rivers, Soyles, Havens, Hur-
boures, Ilelands and other Comodities whatsoeuer therevnto
belonging, w th diuers other Priviledges, prehemmenencies,
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 by vertue and
Authoritie of his said Ma te Letters Pattents Haue 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 whatsoeuer other
name or names the same is or haue beene or hereafter
shalbee called or knowne w th the libertie of ffishing aud
fowling in and vpon the River of Black Point Eastward soe
farr as the extent of the limitts lyeth, Togeather w th all the
Shoares, Creekes, Bayes or Havens, and Coasts along the
154 DOCUMENTS RELATING TO THE
Sea or vpp in the land w th in the bounds and limitts of
the said One thousand ffive hundred acres of land w th the
Woods^ and Ilelands w th in the said bounds, Togeather alsoe
W th all the Mines, Mine rails Trade of what kind or nature
soeuer, Woods, quarries, Marshes, waters, lakes, ffishinga
vpon the Sea Coast, huntings, hawkings, fowlings, Comod-
ities, emolum* 8 and hereditam ts whatsoeuer w th all and singular
their and everie of their appurtenncs in or w th in the limitts
or bounds aforesaid, or to the said land lying w th in the said
limitts or bounds belonging or in anie wise appertayning
w th free Passage and repassage to and from the Place of
Plantacon thrrowe the said Terretories of New* 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 Camock his heires
Associatts, and assignes foreuer. As by the said deed in-
dented doth and may now at large appeare THIS INDENT-
URE [witnesseth] 1 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 prts doe fully Cleerely
1 The om iasion is in original document.
TERRITORIAL HISTORY OF MAINE. 155
and absolutely give graunte allott assigne and confirme vnto
the said Robert Trelawny and Moyses Goody ere their
heires Associatts and assignes forever All those lands and
hereditamets w th Thappurtemnts scituate lying and being
alonge 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 farr as the liraitts 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 th 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 ts and hereditam 18 whatsoeuer arrising,
growinge, renewing or being in or on the p r misses or anie
part thereof w th in the bounds and ly mitts 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 th free libertie to and for the said Robert Tre-
lawny and Moyses Goodyeare 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 th in or neere
the limitts and bounds aforesaid w ch are not formerly
graunted to the said Gaptaine 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 18 fishings
fowlings, Hawkings, Huntings, Trades, liberties, privi-
ledges, Rights, Jurisdiccons, Royalties, Commodities here-
ditam ts 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
Souveraigne lord the king his heires and Successors one
ffifte 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 pflts reserued
YEALDING AND Payeing therefore Yearely foreuer vnto the
said President and Councell their 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 covennt and graunte to and w th the said
Robert Trelawny and Moyses Goodyeare their heires Asso-
ciatts and assignes by theis pfilts 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 Lawe of the said Robert Trelawny and
Moyses Goodyeare, their heires and assignes doe make
performe suffer execute and Willingly consent vnto anie
further acte or acts, Conveyaunce or Convey aunces assuraunce
or assuraunces whatsoeuer for the good and perfect investing,
assureing conveying and sure making of all the aforesaid
premisses w th Thappurtennts, 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
lavve 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 att
anie time or times heereafter allien sell or Convaye awaie
the said premisses soe giuen and graunted as aforesaid or
any parte thereof w th out the Consent or assent of the said
President 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 seale 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, Leifetennt 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 seQally 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 th their appurtennce or into
some Parte thereof in 'the name of the whole, And for them
and in their names to haue and take Possession and seizon
158 DOCUMENTS KELATING 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 Goodyeare their heires Associatts and
assignes according to the true intent and meaninge of theis
pfits Pats
Ratefying, Confirming, and allowing all and Whatsoeuer
their said Attorneyes, or anie or either of them shall doe in
or about the premisses by theis pflts IN WITTNES whereof
the said President and Councell haue to the one Parte of
theis pflte Indenture sett their Scale, And to the other
Parte thereof the saide Robert Trelawny and Moyses Good-
yeare haue sett to their hands and seales Given the day and
yeare ffirst aboue written
R Warwicke Ed. Gorges. Ferd Gorges
i
[Indorsed :]
A Grant from the President and Council ot New England
to Mr. Robert Trelawny and Moses Goodyear of Lands in
New England 7 th 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 " easternmost" side of the
Agamenticus River 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 J^S? 12 !, 1639, 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, "ABriefe 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 Maine 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 d of Dec. 1631.
There being present
The Earle of Warwick, Presid' The L d Gorges, & S r
Ferdinando Gorges, Threr.
There was this p r sent day sealed a Patt 1 granted to Fer-
dinando Gorges, sonn and heire of John Gorges of London,
Esq r , Walter Norton, Lieut. CollTho. Coppyn, Esq, Samuel
Maverick, Esq, Thomas Graves, Gen?, an Ingineer, Raphe
Glover, Merch 1 , W m Jeffryes, gent, John Busley, genl. Joell
Woolsey, gent, all of New England, Robert Norton, Esq r ,
Richard Norton gent, George Norton of Sharpenhow in y e
County of Bedford, and Robert Rainsford y e younger of
London, gen? ; first 100 acres of Land for every person trans-
ported or to be transported by 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 severall times ; y e
same land to be taken & chosen in any place adjacent to the
12,000 acres of Land hereafter menconed, & y e same not to
be inhabited by any ; secondly 12,000 acres of Land more
over and above y e 100 acres y e person as afores d to y e s d
Ferd. Gorges, and the rest to be taken togeather and not
straglingly on the Eastermost side of y e River called by the
name of Aquamentiquos in New England, extending along
y e coast easterly 3 miles, fro thence m ly into y e maine Land
soe high as may containe y e number of 12,000 acres, and
100 acres for every person to be transported as afores d , w th
all y e Islands or Isletts within y e Limitts next adjoyning y e s d
Land, 3 leagues into y e Maine Ocean. 3 dly to y e s d Ferdinando
Gorges particularly over and above y e aforesaid Limitts and
grants 12,000 Acres of Land more, to be chosen abound &
lye opposite against y e s d 12000 Acres of Land granted as
aforesaid to the said Ferdinand Gorges & the rest, on the
TERRITORIAL HISTORY OF MAINE. 161
Westmost Side of the Kiver 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 fair
up into the Maine Land as may containe the number of
12,000 Acres of Land, granted to y e said Fer d 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 build a Towne, and settle divers In-
habitants for the generall good of 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 tie ;
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 1 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 BagnalPs 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, "Proceedings"
(1867), 100.
Text.
The second oj December, 1631.
The L d Gorges and S r Ferdinando Gorges, according to
y e order of the first of this instant December, sett downe
TERRITORIAL HISTORY OF MAINE. 163
their opinions and gave ord r for two Pattents to be drawne
thereafter, y e one for Walter Bagnall for a small island
called by y e name of Richm d Island, with 1500 acres of
ground more upon y e Maine, to be allotted and chosen in any
convenient place near unto y e said Island as Capt. Walter
Neale and Richard Vines, Gen?, should thinkefitt, according
to a Com on 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 and in respect y t he had lived in New
Engl d for y e space of 7 years and there planted and built
some convenient houseing in y e 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 e Gold and silver oare there to be found to the
King's Ma ty , and one other fifth part to the President and
Councell, and also to pay 2 d for every hundred acres of land
in use by y e yeare when it shall be demanded by the Rent-
gatherer, and not to alyen y e 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, L, 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" (1857), 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 e south side of border of y e River or Creeke called
by the name of Cape Porpus, and on y e 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 e Gold and
Silver Ore there to be found to the King's Ma ty , and one
other fifth part to the President & Councell, and also to pay
ll d 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 r
Ferdinando Gorges, and ready to pass the scale, and after-
wards were left with M r Walter Will ms to be dispatcht by
the Earlc of Warwicke, Presid*
TERRITORIAL HISTORY OF MAINE. 165
XXXIV.
GRANT OF PEMAQUID TO ALD WORTH AND ELBRIDGE,
BY THE GREAT COUNCIL FOR NEW ENGLAND.
FEBRUARY 29 ioi 79
MARCH 10' l 51 /^
Sources.
Of the patent of lands at Pemaquid to Robert Aldworth
and Gyles Elbridge (Eld ridge) by the Great Council for
New England, r g a r r u c a h ry f2, 1631/2, a certified transcript on
parchment made in 1648 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 style 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 Difficulties 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 KELATING 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 Seale 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 advancemen* of the
TERRITORIAL HISTORY OF MAINE. 167
generall plantacon of that Country and for the furtherance
of the said Plantacon and encouragemen 1 of the said vnder-
takers HAVE agreed and doe hereby agree graunte assigne
allott and appointe 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 r sents doe grante allot assign And confirme vnto the said
Robert Aldworth and Giles Elbridge their heires and
assignes and euerie of them One hundred seueral acres of
ground in New England for every p r 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 th 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 lifttie 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
proffits and appurtences AND the said President and Coun-
cell doe further graunt assigne allott and confirme vnto the
168 DOCUMENTS RELATING TO THE
said Robert Aldworth and Gyles Elbridge theire heires and
assio-nes Twelve Thousand acres of land more over and
O
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 Corn-
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 ffith 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 r son or p r sons their heires and
assigns The yearely rent of two shillings of lawfull money
of England At the ffeast of S* Michaell the Archangell 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 first
payment to begin after the expiracon of the ffirst Seaven
yeares next after the date hereof And it shall and may be
lawful for the said Vndertakers and Planters their heires and
Successors ffreely 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 lett 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
chardge 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 Seale 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 aasociats and such as Contracte 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 Couricell 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 officer 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
TERRITORIAL 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 r mises 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 1 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 peaceable
possession and seizen of all and singular the said granted
premises vnto the said Robert Aldworth and Giles Elbridge
or to their certain Attorney or Attorneys in that behalf
according to the true Entente 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 r mises
by theis p r sents. IN WITNESS whereof, the President and
Councell to the one part of these p r sent Indentures have set
their Seale and to the other part thereof the said Robert
Aid worth and Giles Elbridge have sett their hands and seals.
Given the day and year first above written.
R. Warwick. [L. S.] Ferd. Gorge.
This is a true copy of the Letters pattents under the Seale
of the President and Councell of New England signed by
the Earle of Warwicke and S r 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 17 Pubb.
Robt. Dennis,
Dew Tony, servants to the
said No. P c .
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 D6pot 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 Recoliets 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, 7T)8.
Text.
LA Compagnie de la Nouvelle France : A tous ceux qui
ces presentes lettres verront ; Salut. Le desir que nous
avons d'aporter toute la diligence possible a Petablissement
de la colonie de la Nouvelle France, nous faisant rechercher
ceux qui ont la volonte d'y contribuer de leur part, & Pobli-
gation que nous avons de recompense!*, par toutes voies, les
travaux de ceux qui nous assistent, & d'embrasser les occa-
sions de leur temoigner 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 & octroye,
donnons & octroyons par ces presentes, Tetendiie des terres
& pays qui ensuivent, a savoir la riviere & baie Sainte-
Croix, isles y contenues, & terres adjacentes d'une part &
d'autre en la Nouvelle France, de 1'etendiie de douze lieiies
de larges, aprendre le point milieu en 1'isle Sainte-Croix, ou
le sieur de Mons a hiverne, & vingt lieiies de profondeur
depuis le port aux coquilles, qui est e Tune des isles de
Ten tree de la riviere & baie Sainte-Croix, chaque lieiies de
quatre mille toises de long. Pour jouir desdits lieux par
ledit sieur de Razilly, ses succeeseurs ayant cause, en toute
174 DOCUMENTS RELATING TO THE
propriete justice & seigneurie a perpetuite, tout & ainsi, &
a pareils droits qu' il a piu au Roi donner le pays de la Nou-
velle France a la Compagnie ; a la reserve de la foi &
hommage que ledit sieur Commandeur, 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 donne 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 nuement
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 iaire passer, sans que ledit sieur Commandeur
ou les siens puissent traiter des peaux & pelleteries qu' aux
conditions portes par 1'edit de Petablissement 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 pourvu 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 -> />Q O
JUNE 8' L z>
^Sources.
The treaty which was made at St. Germain-en-Laye
nfifel* 1632, restored New France, Acadia and Canada, to
France. In accordance with the treaty France immediately
took possession of Pentagoet, which was the first 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 Dep6t 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," II.,
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 Frangais," 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 III., 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 restituer) 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 Koyal, 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 English shall send to those places ; that is to say,
the cost of chartering 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
O
the English, satisfaction shall be 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, but a brief
record exists in W. Noel Sainsbury, editor, " Calendar of
State Papers," Colonial Series, I., 152, " Grant of the
Council for New England to George Way and Thomas Pur-
chase of certain lands in New England called the River
Bishopscotte [Pejepscot], and all that bounds 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 Office, II., 16; still another
proof is the indenture between John Winthrop and Purchase
in 1639.
After the lands on tne Androscoggtn came into the pos-
session of the Pejepscot proprietors, much litigation ensued
VOL. I. 13
178 DOCUMENTS RELATING TO THE
until the final 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 Archdaie, 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 Certify e whom it may Concern, That Whereas
King Charles the first of ever Blessed memory by his L'res
Pattents under the great Seale of England beareing date the
third day of Aprill in the 15 th yeare of his Reign e , [did]
Give, grant & Confirm unto S r Ferdinando Gorges Kn fc , 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 Archdaie Esq r by a legall
Comission had and obteined by Ferdinando Gorges Esq r
Grandson & heire to the said S r Ferdinando Gorges who
was then the right owner and propriet r thereof, and by
vertue of which Comission Soe had and obteined as aforesaid
The said John Archdaie was resident there for the space
TERRITORIAL HISTORY OF MAINE. 179
of a twelve month or thereabouts, And Whereas one m r
Thomas Purchase in his own right by vertue of a prior
Pattent was seized and possessed of certaine Lands and
Tenemen ts 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 1 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. Wittnesse my hand this fourth day of
February Annoq. Dm 1687/8
And I doe not question but that my Brother Gorges upon
the Credible information giuen mee as aboues d ; had hee
continued Proprietor would haue confirmed y e said tract of
Land unto him. Wittnesse my hand y day and yeare above
written.
JOHN ARCHDALE.
Witnesse F. Gorges Jun r
XXXVIII.
LIVERY OF LAND AT CAPE PORPOISE TO THOMAS
CAMMOCK, BY WALTER NEALE, GOVERNOR
OF PISCATAQUA.
MAY 23
1633.
JUNE 2>
Sources.
The deed of " livery" by Walter Neale, governor of
Piscataqua, to Thomas Cammock, JJX, 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 of
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,
o3Sb?r ber2 !> 1670 > and is f und in "York Deeds," II., folios
84, 85. In 1853 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 th of May 1633 : Cap*
Walter Neale did according to order directed from the Pres-
ident & Counsell of New England deliver possession vnto
Cap 1 Thomas Camocke of all the Lands Contayned in a
Pattent granted vnto the sd Thomas Cammocke dated the
prime of Novemb r 1631 : consisting of fiueteen hundred
Acers being bounded to the Southward with the Bay of
Sacoe, on the Westward with bla~: Poynt River, 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 bla7
Poynt River, is appoynted the Northern Lymitts/ In tes-
timony w r 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 original!, & y r with Compared
this 22 : Septemb r 1670 : p Edw : Rishworth ReCor :
XXXIX.
RATIFICATION IN FAVOR OF THE VISCOUNT
" LING, BY THE PARLIAMENT OF SCOTLAND.
JUNE 28 -I/JQQ
JULY 8 lbdd '
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,
juiy e ! 8 1633. Although the two crowns were united by 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.
RATIFIC ATIOUN in favours of the vicount of Sterling of
the infeftments and signatur grantit To him of the Domin-
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
CURE SO VER ANE 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 infeftment 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 seale 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 seale of the dait the thride
day of may 1627 years ITEM another chartor and infeftment
grantit by his Majestic wnder the great seale of the river
and gulfe of Cannada bounds and priveledges thairof men-
tionat in the said patent of the dait the second day of februar
1628 yeirs 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 Whytehali
the tuentie fourt day of Apryll 1633 years With all liberties
priveledges 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 thairvpon 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 ordaine 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
particular-lie 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 GREAT COUNCIL FOR NEW
ENGLAND.
FEBRUARY 3/13, 1634/5.
Sources.
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 DOCUMENTS 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
Office, 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
2/ e 3 A Feb. 1634.
present.
EARLE or STERLINE.
LORD MAULTROVERS.
LORD GORGES.
S r FEKD : GORGES.
CAP* JOHN MASON.
This day was an Agreem 1 made for y e severall divisions
upon y e 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 e Councell
of New England, are to joyne in y e surrend r to his Ma ty of
y e great Charter of y* countrey w ch was granted unto us in the
8 th [18 th ] yeare of y e raigne of King James of Blessed mem-
ory, in whose p r sence Lotts were drawne for setling of divers
and sundry divisions of Lands on y e sea coast of y 3 s d coun-
try upo most of us, w ch hitherto have never been confirmed
in y e sd lands soe alotted, and to y e intent y i 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 e lands of y e s d country to bee immediatly
holden of his Ma ty , wee therfor doe condiscend ["and
agree." Hubbard] y 1 all y l part of y e sea coast of y e said
TERRITORIAL HISTORY OF MAINE. 185
country hereafter expressed shall belong unto y e right hon ble
the Earle of Arrundell and Surry, videlicett ; To beginne at
y e forty eth degree where y e Ly raits of New England, Arrun-
dell & Surrey, begins, and so to proceed along y e sea shoare
to Hudson's River, and upo y e same in y e middle thereof,
untill 60 miles be ended, to bee reckoned from the mouth
of the s d river or entrance thereof, and from thence to crosse
over land south westwards to y e Lo! Baltimore's plantacon
of Mery Land, and hereunto is to belonge y e Island of Man-
hatas lying w th in the mouth of the river aforesaid, alsoe
hereunto is to belong 10,000 Acres to bee laid out on y e
east parte of Sagadahock.
Signed by LENOX, HAMILTON, CARLISLE, STERLINE, ED.
GORGES, S B FERD. GORGES, CAP T JOHN MASON.
To begin at the middle of y e entrance of Hudson's Kiver
and soe to proceed eastwards to a river or Creeke neare to
a place called Redunes or Reddownes, about 60 miles east
from Hudson's River, and from tence up into y e lands North
Westwards 60 miles, and soe to crosse over lands South
westwards to meet w th y e end of y e 60 myles reckon from y e
mouth or entrance of y e s d River called Hudson's, and up-
wards alongst y e Easterne shoare of y e 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 R FERD. GORGES, CAPT.
JOHN MASON.
To begin at y e middle of y e River or Creeke neer y e place
called Rodunes or Reddownes, and soe to goe eastwards
about 45 myles to a creeke or river called fresh river, &
from thence up into y e Land Northwestwards 60 myles, and
soe to crosse over land south westwards to meet w th ye end
of y c 60 miles to be reckoned upwards northwest fro y*
mouth or entrance of y e said river neer y e Redd downes ;
186 DOCUMENTS RELATING TO THE
And hereunto is added 10,000 Acres in some of y e east parte
of Sagadahock.
Signed by LENOX, HAMILTON, ARUNDELL vnd SURREY,
STERLINE, ED. GORGES, S B FERD. GORGES, CAPT.
JOHN MASON.
To begin at the middle of y e entrance of y 6 river of Co-
nectecult, and soe to proceed eastwards to y e Naragansetts
River or harbour accompted about 60 miles, and soe up y c
westerne arme of y e river to y e head thereof and into y e land
north westwards till 60 miles be finished, being reckoned
fro y e entrance, and soe to y e crosse over y e land south
westwards to meet w th 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 e east part of Sagadahocke.
Signed by LENOX, ARUNDELL and SURREY, CARLISLE,
ED. GORGES, STERLINE, S R FERD : GORGES, CAPT.
JOHN MASON.
[5. Gorges]
To begin at y e 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 e East side ot the Massachusetts,
& from thence N. E. into the Land 60 miles. Also from the
Westmouth or entrance of y e Naraganzetts, continuing up
y e Western arm of y e same to the head therof, & from
thence intoy 6 Lands N. Wards till 60 miles be finished from
the first Entrance, from which period to crosse over land to
y e 60 miles end accounted West from Namebeck 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 B FERDINANDO GORGES, CAPT. JOHN
MASON.
TERRITORIAL HISTORY OF MAINE. 187
[6. Capt. John Mason.]
To begin n at y e middle of Namekeck harbour or river &
from thence to proceed E. ward along y e sea coast to Cape
Anne, & round about y e same into Pascataway Harbour, &
so forth wards up within y e river of Newichewanock, & to
y e furthest head of y e said river, & from thence N. W. ward
till 60 miles be finished from the first entrance of Pascataway
harbour. Also from Namekeck from the Harbour & river
thereof up into y e Land west 60 miles, from which period
to crosse over land to the 60 miles end accounted from Pas-
cataway throQ Newichewanock River into y e Land N. West
as aforesaid ; & hereunto is to belong y e south halfe of y e
Isles of Shoales & 10,000 Acres on y e S. East part of y"
River Sagadahock at y e Mouth or Entrance therof.
Signed by LENOX, ARUNDELL & SURREY, CARLILE, STER-
LINE, ED. GORGES, S R FERD. GORGES.
[7. Sir Ferdinando Gorges.]
To begin at y e midle of y e Entrance of Pascataway har-
bour & so to passe up y e same into y e River of Newichewa-
nock & throQ y e same und [unto] the furthest head, &
from thence N. W. ward till 60 miles be finished : also from
Pascataway harbours mouth afores d along y e sea coasts to
Sagadahock, & up y e River therof to Kinebequi river, and
throQ y e same unto y e head therof & into y e land N. Wwards,
untill 60 miles be ended, being accounted from y e mouth of
Sagadahoc & from y e Period of 60 miles afores d to crosse
overland to the 60 miles end formerly reckond up into y e
Land from Pascataway the harbour to new Chawanock
river ; & herunto is to be added the North Halfe of y e Isles
of Shoals, & also the Isles of Capawock, Nautican & c near
unto Cape Codd.
Signed by LENOX, HAMILTON, & ARUNDEL& SURREY, CAR-
LILE, STERLINE, ED. GORGES, CAP T JOHN MASON.
188 DOCUMENTS RELATING TO THE
[8. Lord Alexander.]
To begin at St. Croix next to New Scotland, & so to
passe along y e sea Coast to Pemaquid, & up-the river therof
to the furthest head of y e same as it tendeth Northwards,
and from thence at y e nearest to Kenebecqui, & up that river
by y e 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 R 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 e same, y e freeholding & enjoying of his right
with y e libertyes therunto appertaining, laying down his
Jura regalia (if he have any) to y e Proprietors of this divi-
sion, wherin his Land lyeth, & paying some small acknowl-
edgment for y* he is now to hold his 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 e
14 th of Aprill following all y e above named Lords and others,
and theruppon they had every one his particular division
delivered out unto them.
Memorand. the 18 th day of Aprill following Leases lor
3000 years were made of the several divisions to severall
gsons intrusted for their benefitts.
Memorand. the 22 d day of Aprill several deeds of feofm en t
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 ICQK
MAY 2' L
^Sources.
William, Lord Alexander, who received the patent of
Nova Scotia, & ! f , 1635, was the eldest son of the Earl of
Stirling. He, with his father, became a member 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
nullified 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 surrendered. 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 Office, 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. Slafter, 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 Affaires of New England send
190 DOCUMENTS RELATING TO THE
greetinge in our Lord God everlastinge. Whereas oar 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 ties 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 here vnto 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 of Newe 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 Northwarde 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 Starlinge 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 CAFPAIN JOHN MASON, BY
THE GREAT COUNCIL FOR NEW ENGLAND.
APRIL 22 ifta*
MAY 2' X
Sources.
The grant of New Hampshire, with that of Masonia, by the
Great Council, A $, 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 Sagadahoc to be added to his
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. 15-17. 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. William M. Sargent, editor
of the " York Deeds," transcribed both the grant and the
deed of Masonia 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 r Lord god everlasting/ W r 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 r In
the eighteenth yeare of his Reign over his highness Realme
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
TERRITORIAL HISTORY OF MAINE. 193
Nothcrly latitude Incluseively, & In length of and with in all
the breadth aforesd, from sea to sea, togeather alsoe with
all the firme Lands Soyles grounds, havens ports Rivers,
Waters, fishings, Mines, & Mineralls as Well Royall Mines
of gould & silver as other Mines, & Mineralls pretious stoons
quaries, & all singular other commoditys, Jurisdictions Roy-
altys, priviledges Frantisces, preheminences, both with in
the sd Tract of Land, vpon y e Mayn & alsoe within the
Yslands & seas Adioyneing, as by the sd letters pattents,
amongst diverse other things therein Contayned, more at
large, doth & may appeare ; Now know all men by these
gsents, That y e sd Counsell of New England in America
being assembled In publick 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 r vnto espetially moueing, Have
given, granted, aliened barganed & sould, & in & by these
Presents do for them & thejr successors, give, grant, aliene
bargane sell & continue vnto Cap 4 John Mason Esq r , his
hey res & assignes, all that part of the Mayn Land of New
England aforesd, begining from the Middle part of Navtn-
keck River, & from thence to proceed Eastwards along the
sea Coast to Cape Anne & round about the same to Pis-
chataway Harbor, & soe forwards vp with in the River of
Newgewanacke, & to y e furthest head of the sd River, &
from thence North Westwards, till sixty Miles bee finished,
from the first entrance of Pischataqua Harbor & alsoe from
Naumkecke through the River thereof vp into the Land
West sixty Miles, from which period to cross over Land to
y e 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 tenn Thousand
VOL. I. 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 r of,
from henceforth to bee Called by the name of Massonia/
togeather with all & singular Havens Harbors, Cricks, &
lylands Imbayd, & 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, cornod-
itys, & hseriditaments whoever, with all & singular thejr &
every of y r app r 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 whoever, as Well Criminall Capitall &
civill, ariseing or which may hereafter arise with in the
Lymitts, bounds & p r cincts aforesayd, to bee exercized, &
executed according to the Laws of England, as neere as
may bee, by the sd Cap 1 John Mason his heyres & assignes,
or his or thejr Deputys Leeften ts Judges, Stewards or officers
therevnto by him or them assignned, deputed or appoynted
from tyme to tyme, with all other priviledges frantises,
Lybertys, Immunitys, Escheats, & causuallitys, there of
ariseing or which shall or may hereafter arise with in the sd
Lymitts & pcincts with all the Right title Clayme & de-
mand whoever, 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 pmisses, and In as large free ample
benefitiall a manner, to all Intents Constructions & purposes
whoever, as the sd Counsell, by vertue of his Majestys sd
letters Pattents may or Can grant the same saveing & always
reserving vnto y e sd Counsell & thejr successors pouer to
TERRITORIAL HISTORY OF MAINE. 195
receive heare & determine & singular appeale & appeales of
every pson & Prsons w'soeuer, dwelling or Inhabiting with in
the sd Teritorys & Yslands or any Prt thereof, soe granted
as aforesd, of & from all Judgments & sentences w'soeuer
given with in the sd Lands, & territorys aforesd, To haue
& to hould all & singular the Lands & jhnisses aboue by
these psents granted (except before excepted) with all & all
manner of Profetts, commoditys & hreriditaments, whatso-
euer, with in the Lands & pcincts aforesd, to the sd Lands
Yslands and pmisses, or any Part of them any wise belong-
ing, or appertayning vnto the sd Cap 1 John Mason his
heyres & assignes, to the onely gper vss & behoofe of him
the sd Cap 1 John Mason his heyres & assignes for ever, to
bee houlden of the sd Counsell & thejr successors p gladium
Commitatis, that is to say by finding foure able men con-
veniently armed & arayed for the warr to Attend vpon the
Gouern r of New England, for the publick service of, within
foureteen days after any warneing given/ Yejlding & paijng
vnto the sd Counsell & y r successors for ever one fift Part
of all the oare of the Mines of gould & silver, which shall
bee had possessed or obtayned, with in the Ly mitts or
gcincts aforesd, for all Rents services, dutys & demands
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 & authoriz'd & ap-
poynted & In thejr place & stead haue putt Henery Jocelyn
Esq r , & Ambrose Gibbines Gentle7 or either of them to bee
y r true & lawfull Atturney, & Atturneys for them & In y r
name & stead to enter into the sd Lands & other the {3misses
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 m deputed on that behalfe, according to the purport
trve Intent & meaning of these psents/ In witness w r of
they the sd Counsell haue here vnto afixed thejr coman
seal/ Dated the Two & Twenteth day of Aprill, In the
Eleaventh yeare of the Reigne of o r Soueraign Ld Charles
by the grace of god King of England Scottland, ffrance &
Ireland Defend 1 " of the faith Anno : Dom~: 1635 :
Sealed with the seal of the sd Counsell there to appended/
Vera Copia/
Fred : Ixem Notoio 8
Publicus/
A trve Coppy transcribed out of the originall 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 -teo K
MAY 5' J
Sources.
For "A Declaration of y e Councill of New England fory e
Resignation of y e great Charter & y e Reasons moving y m
y'to,"^ 112 ;?, 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,
TERRITORIAL HISTORY OF MAINE. 197
" Records of the Council for New England," American An-
tiquarian Society, "Proceedings" (1867), 123-126. An
early manuscript copy is in the library of the Massachusetts
Historical Society, "Letters and Papers," 1632-78, p. 2.
The Declaration was first printed in America from a
manuscript copy by Ebenezer Hazard, " Historical Collec-
tions, Consisting of State Papers and Other Documents "
(Philadelphia, 1792), L, 390-392; it has also been printed
by William T. Davis, "A History of the Town of Plymouth,
with a Sketch of the Origin and Growth of Separatism "
(Philadelphia, 1885), Appendix V., 145, 146.
The complaints against the colony of Massachusetts Bay,
as stated in the Declaration, resulted in a writ of quo war-
ranto, issued in June, 1635, by Sir John Banks, attorney-
general. That document was printed from the "Danforth
Papers," by the Massachusetts Historical Society, " Collec-
tions," 2d Series VIII., 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 subsequent 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 e
faithfull endeavours of some of vs y fc have sought y e ad-
vancem 1 of y e Plantation of N : E have not been w th out
frequent & inevitable troubles of Companions to o r vnder-
takings from o r first discovery of y 1 Coast to y e p r sent by
great charges & necessary expences, but also depriving us of
diverse of o r freinds & faithfull servants imployed in y fc
worke abroad, whilest o r selves at home were Assaulted w th
sharp litigious questions before y e Lords of his Maj ties most
Hon ble Privy Councill, by y e Virginia Company, & y' in y e
very infancy thereof, who finding they could not p r vaile in y 1
way, they fayled not to psecute y e same in the House of
Parliam 1 , p r tending o r said Plantation to be a greivance to
y e Comonwealth, & for such p r sented it unto K : James of
198 DOCUMENTS RELATING TO THE
blessed memory, who alth6 his justice & Royal nature could
[not] so relish it, but was otherwise pleased to give his
gracious incouragement for gsecution thereof, yet such was
the times, as the affeccons of the multitude were thereby dis-
heartened, & so much the more by how much it pleased god
about that tyme to bereave us of y e most noble & principal
props thereof, as y e Duke of Lenox, Marquis Hamilton, &
many other strong stais to y s weake of Building Then fol-
lowed y e Clay me of y e French Arnbassadour, taking ad vantage
of the Divisions made of the Seacoasts between o r selves, to
whome we made a just & satisfactory Answer (as it seemes) for
y l 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 e end of the last Parliam*.
when y r were certain y l desired a Patent of some Lands
in the Massachusets Bay to Plant upon, who p r senting the
names of Honest & Religious men, easily obtained their
first desires, but these being once gotten they used other
nieanes, 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 longj
before, who being made Govern 1 " of those parts, went in
person & tooke an absolute seizure, & actuall possession of
y 4 country, by a setled Plantation he made, in the Massa-
chusets Bay, w ch 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 about three thousand Miles in length, with all
riding over y e heads of all those Lords & others that had
their portions assigned unto them in his late Ma ties presence,
& w th his Highnesse approbation by lot, upon the South
TERRITORIAL HISTORY OF MAINE. 199
coast from East to West, some eighty or one hundred
leagues long. But herewith not yet content, they laboured
& obtained unknown to us a confirmation of all this from
his Ma tie , & unwitting thereof, by w ch meanes they did not
only Enlarge their first extents to the West limits spoken of,
but wholy excluded themselves from y e Publick Goverm*.
of y e Councill Authorized for those affairs. & made y m selves
a free people, & for such hold themselves at y e p r sent.
Whereby they did rend in peeces the first foundation of the
Building & so framed unto y m selves both newLawes, and new
conceits of matters of religion, and formes of Eclesiastical
& Temporal Orders & government. Punishing diverse y l 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, th5 indeed
for no other cause save only to make y m selves absolute Mas-
ters of y e Country, & unconscionable in y r new Lawes. So
as those complaints posting first unto o r selves, y l had no
sufficient rneanes to redresse or give satisfaction to y e per-
sons aggreived, they were at last of necessity petitioners
unto his Ma ie who pittying y r cases referred y m to y e Lords,
to examine y e truth thereof, & to consider of y e meanes of
reformation, who calling some of us to give a ceo', by w fc
Authority, or by whose meanes these People were sent over,
& conceiving some of us to be guilty thereof, we were called
for from o r houses farre remote in y e country at unseasona-
ble times to o r great charge & trouble. But as innocence
O C5
is confident, so we easily made it appear y* we had no share
in y e evils comitted, & wholy disclaimed having any hand
therein, humbly referring to y r Lrd ps to doe w* might best
sort w th y r wisedoms who found matters in so desperate a
case, as that they saw as that they saw [sic.] a necessity for
his Ma tie to take y e whole buisnesse into his own hands, if
otherwise we could not undertake to Rectify w l was brought
200 DOCUMENTS RELATING TO THE
to ruine But finding it a taske too great for us to per-
forme, we rather chose to resigne all into his Ma ties hands
to doe therein as he pleased, to w m we conceaved it did
principally belong to have care of a buisnesse of so high a
consequence as it is now found to be.
After all these troubles & upo these consideracons it is
now resolved y l y e Patent shall be surrendred unto his
Ma tie , w th reservation of all such lawfull rights as any is
or hath been seized w th eyther before or since the Patent
Granted to those of y e Bay of Massachusets. And that it
may please his Ma tie to Passe particular Grants unto us of
such proportions of Lands as we have mutually agreed
upon & are recorded before in y 8 Booke That we having his
Ma ties grants of the same under a setled Goverment, may
the more cheerfully proceed in y e planting of o r severall
Provinces, & w th y e better courage & assurance prosecute
y e same to a full setling of the state of those countries, &
a dutifull obedience of all such as shall come under us to
his Majesties Lawes & ordinances there to be establish 6 * 1 , &
put in execution by such his Maj ties Lieftn ts or Governo as
shall be imployed for those services, to y e glory of Allmighty
god, the Honor of his Ma tle , & Publick good of his faithfull
Subjects. And thus much we have thought fit to be Recorded,
& in convenient tyme published, y l Posterity may Know y e
Reasons & necessities moving us to quit o r selves of these
inconveniences & dangers that might have fallen upon the
Plantations for want of power in us to reforme the same.
TERRITORIAL HISTORY 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, 1635.
Sources.
For the humble petition for 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 for New England,"
American Antiquarian Society, " Proceedings" (1867), 119,
120. It was first printed by Ebenezer Hazard, " Historical
Collections, Consisting of State Papers and Other Docu-
ments " (Philadelphia, 1792), L, 392, and reprinted by
Nathaniel Bouton, compiler " Records of New Hampshire,
Provincial Papers" I., 40.
Text.
At a Meeting in the Earl of Carlile's
Chamb r at Whitehall
the 26 th day of April 1635
present
EARL MARSHALL.
EARL OF CARLILE.
EARL OF STERLINE.
L d MATREVERS.
L d GORGES.
S r FERD. GORGES.
CAPT. J. MASON.
Memorandum, ye Marq. Hamilton being in Physick sent word to this meeting by
John Winnington that he would agree to whatever they should resolve on.
202 DOCUMENTS RELATING TO THE
This day a draught of y e Petition following was read to
their Lopps, which is to be presented to his Ma ty & was
approved of.
To the Kings most Excellent Ma ty . The humble petition
of S r Ferdinando Gorges in y e 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 presently to
joyn in a voluntary surrender of y e Grand Patent of their
Corporation to y r Ma ty , that y r Ma ty would be pleased to
give orders to M r Attorney Genii 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 r Ma tys 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 r
Ma ty & submitting themselves to y r Ma tys Govern 1 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 e 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 r Ma ty & the rendring of such obedience to
y r highnesse laws as shall be approved off & to their own
particular profits.
TERRITORIAL HISTORY OF MAINE. 203
XLV.
ACT OF SURRENDER OF THE GREAT PATENT, BY
THE GREAT COUNCIL FOR NEW ENGLAND.
JUNE 7/17. 1635.
V
Sources.
For the act of surrender to His Majesty of the great pat-
ent of New England, June 7/17, 1635, the best text, as in
the case of other records of the Great Council, is by Charles
Deane, editor, in American Antiquarian Society, " Proceed-
ings" (1867), 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 Ebenezer
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 m this Present writing shall
come the President & Councill established at Plymouth in
y e Cou nty of Devon for the Planting Ruling & Governing
of New England in America send Greeting in o r Lord god
Everlasting. Whereas o r late soveraign Lord King James
of ever blessed memory by his Highnesse Letters Patents,
under the great Seal of England bearing Date at Westmin-
ster 3 d of Nov : in y e 18 th year of his Ma tie8 Reign of England
France & Ireland, & of Scotland y e 54 th upon y e motions
Reasons & Causes in y e sayd letters Patents menconed &
contayned, did for him his Heyres & Successors grant ordain
establish & 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 Realme
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 e 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 th diverse other
Powers Priviledges, Imunities, Provisions & Restrictions
for the propagation & establishing of true Religion in those
parts, & for the better Regulating of the same Plantation,
As in & by y e same Letters Patents, due reference thereunto
had more plainly & at large appeareth
Now Know Ye that the sayd Presid 1 & 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 r 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
TERRITORIAL HISTORY OF MAINE. 205
In witnesse whereof the sayd Presidt & Council have
caused their Comon Seal to be put to these Presents, the
seaventh day of June in y e 11 th year of the reign of o r sov-
eraign Lord King Charles & in the year of o r Lord God :
1635/:
XLVI.
EXTRACTS FROM THE CHARTER OF NEW HAMP-
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.
Moses A. SafFord, 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
by the Great Council, i&y 1 ! 2 , 1635, was printed by Mr.
Sargent, "York Deeds," II., Introduction, 20-39, from
which text the following extract is reprinted. By permis-
sion of Mr. Sargent, it was 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
ffrance & Ireland Defender of the ffaith &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 r 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 aetuall and reall
possession Knowe yee that of Our Speciall grace certain
knowledge and mere motion Wee 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 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
Together with all Islands and Islets as well imbayed 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 motion Wee 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 parcell or portion 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 flee
taile or fee tailes or otherwise Together also with all the
firme lands Soyles and grounds aswell 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 franchises preheminences liberties powers
Exemptions and immunities temporalities and hereditaments
aswell by Sea as land and aswell within the said tracts of laud
upon the main aswell within the said Islands or any of
them and the coasts of or on the same or any part or
parcell 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
Palatine of Duresme within Our Realme of England or that
Wee or any of Our Progenitors have heretofore granted or
mentioned to be granted unto the now or late 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 was 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."
TERRITORIAL HISTORY OF MAINE. 209
Text.
This Indenture made the Seaventeenth day of September
Anno Dom 1635 and in the Eleaventh yeare of the Reigne
of Our Sovereigne Lord Charles by the grace of God King
of England Scotland ffrance and Ireland Defender of the
ffaith &c Between Sir fferdinando Gorges of London knight
on the One part and Captain lohn Mason of London Es-
quire on the other part Wittnesseth That whereas our late
Sovereign Lord King lames of Blessed memory by 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 Realme
of England ffor the considerations in the same Letters
patents expressed hath absolutely given granted and con-
firmed unto the Councill established at Plimouth in the
County of Devon 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 inclusively Together with
all ffirm lands Soyles grounds havons ports rivers waters
ffishings hunting hawking ffowling 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 preheminences as by the
said Letters patents amongst diverse other things therein
contained more at large it doth and may appeare And
Whereas the said Councill established at plimouth in the
County of Devon ffor the planting ruling ordering and gov-
erning of New England in America of the One part and the
said Sir fferdinando 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 fferdinando Gorges his hey res
VOL. I. 15
210 DOCUMENTS RELATING TO THE
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 ffurthest 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 untill 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 ffrom pascataway harbour through Newich-
ewanock River (which amongst other Lands are granted unto
the said Sir fferdinando Gorges) Together with all mines and
minerals aswell royal 1 mines of Gold and Silver as other
mines and minerals precious Stones Woods marishes rivers
waters ffishings hawking hunting and ffowling 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 enfeoffe and continue 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
TERRITORIAL HISTORY OF MAINE. 211
& Silver as other mines and minerals precious Stones ffish-
ings hawking and ffowling and all other royalties Jurisdic-
tions privileges preheminences profits commodities and
hereditaments whatsoever with all and Singular their and
every of their appurtenances with all other privileges liber-
ties immunities escheats and casualties thereof which shall
or may arise within the Limits and precincts aforesaid To
be holden of his Majesty his heyres and Successors as of
his highness Mannor of East Greenwich in the County of
Kent in ffree and Common Soccage and not in Capite or by
knights Service yeelding and paying to his Majesty his
heyres and Successors the ffifth 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
ffreely and in as large ample and beneficiall manner and
forme to all intents and purposes whatsoever as he the said
Sir fferdinando Gorges by virtue of the said recited Indent-
ure might or ought to have hold and enjoy the same or any
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
Mathew Bradley
Roger Beal
lohn Moor/Ser.
This is a true Copie
Edw Cranfield/
B : Sargeant.
Rich : Povey.
212 DOCUMENTS RELATING TO THE
XL VIII.
CONCESSION OF ACADIA TO SIR CHARLES LA TOUR,
BY THE COMPANY OF NEW FRANCE.
JANUARY 15/25, 1635/6.
Sources.
The concession of Acadia to Sir Charles La Tour, son of
Claude La Tour, by the Company 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 Dep8t 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
* 4 Memorials of the English and French Commissaries Con-
cerning the Limits of Nova Scotia or Acadia " (London,
1755), L, 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 colonie de la Nouvelle France, nous faisant
recevoir ceux qui nous peuvent aider en ce loiiable dessein ;
& voulant les inciter d' a vantage, 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 V Acadie en la Nouvelle France, nomm par Mon-
seigneur le Cardinal Due de Richelieu, Pair de France,
Grand-Maitre, Chef & Surintendant ge'ne'ral de la naviga-
tion & commerce de ce Royaume, sur la presentation de
TERRITORIAL HISTORY OF MAINE. 213
ladite Compagnie, & avoir reconnu le zele dudit sieur de la
Tour a la Religion Catholique, Apostolique & Romaine, &
au service de Sa Majeste*, avons donne & octroye*, don-
nons & octroyons par ces pre*sentes, en vertu du pouvoir a
nous donn6 par Sa Majeste*, le fort & habitation de la Tour,
situe* en la riviere Saint- Jean en la Nouvelle France, entre
les 45 & 46, degre*s de latitude, ensemble des terres pro-
chainement adjacentes a icelui dans Pe'tendiie de cinq lieiies
au dessous le long de ladite riviere, sur dix lieiies de pro-
fondeur dans les terres : le tout selon les bornes qui en
seront assignees, pour en jouir par ledit sieur de la Tour,
ses successeurs ou ayans cause, en toute propridte*, justice
& seigneurie, & tout ainsi qu' il a plu au Roi donner & con-
cdder 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 design^ par ladite Compagnie,
a la charge de la foi & hommage 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 a lui conce'de'es pendant dix ans, a
compter du jour & date des pre*sentes, sans le gr & le con-
sentement de ladite Compagnie ; & apres dix ans il lui sera
loisible, a ses successeurs ou ayans cause, d'en disposer avec
les memes charges ci-dessus, au profit des personnes capa-
ble, & faisant profession de la Religion Catholique, Apos-
tolique & Romaine. FAIT & accord^ le quinzieme Janvier mil
six cent trente-cinq.
Extrait des deliberations de la Compagnie de la Nouvelle
France. SignS A. CHEFFAULT avec paraphe.
214 DOCUMENTS RELATING TO THE
XLIX.
LEASE OF LAND AT CASCO BAY TO GEORGE
CLEEVE, BY SIR FERDINANDO GORGES.
JANUARY 27 i /?o/ m
FEBRUARY 6' J )D / '
Sources.
The lease of land at Casco Bay, together with that of
Hogg Island, was made ftSSSy 2 ?, 1636/7, by Sir Ferdi-
nando Gorges to George Cleeve and Richard Tucker for
two thousand years. The document not only affords an
interesting study of Gorges and his relation to the province
of New Somersetshire, but it is also an important chapter
in the record of a man who played a prominent part in pro-
vincial history.
The lease was first recorded at York, y u a n y e 2 3, 1643, 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, S, 2 !, 1643 ;
it was again recorded, ju" y e2 5, 1660, by Edward Rish worth
(Ibid., Part L, folios 95, 96). A grant from Edward
Ri^by, 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, I., Appendix 233-
235; and by James Phinney Baxter, "George Cleeve of
Casco Bay, 1630-67" (Gorges Society, 1885), Appendix
II., 216-222. In the latter book the conveyances from Sir
Alexander Rigby 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-
ary in the twelueth yeare of the Raigne of our Soueraigne
TERRITORIAL HISTORY OF MAINE. 215
Lord Charles by the grace of God King of England Scotland
ffrance and Ireland Defender of the faith &c, Betweene S r
fferdinando Gorges of Ashton Phillippes in the County of
Somersett knight of the one ptie, And George Cleeue of
Cascoe in the gvince of New Sommersett in New England in
America Esquire, and Richard Tucker of Casco aforesaid
of the said gvince of New Somersett in New England in
America gen? of the other ptie, Wittnesseth that the said
Sir fferdinando Gorges for and in consideration of the sume
of one hundred pounds of good and lawfull money of Eng-
land to him in hand payd before thensealing and Deliuery
of theis pnts, as also for Divers other good causes and con-
sideracons him the said S r fferdinando Gorges herevnto
especially moueing, Hath given granted bargained sold and
confirmed vnto the said George Cleeue and Richard Tucker
their heires and assignes All that parte purparte and porcon
of lands in America pcell of New England in America
hereafter in theis pnts Described and to be Described 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 be called or
knowne by the name of Stogummor, and so along the same
westerly as it trendeth to the first ffall of a little River
issueing out of a verie small Pond And from thence oner
land to the flails of Pesurnpsca, being the first flails in y*
River, vpon a straight line containeing by estimacon from
ffall to ffall as aforesaid neare aboute an English mile (w ch
together w th the said necke of land that the said George
Cleeue and the said Richard Tucker haue planted for 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 r misses and now in the tenure or
occupacon of the said George Cleeue and Richard Tucker
216 DOCUMENTS RELATING TO THE
commonly called or knowne by the name of Hogg Island, w ch
said p r misses w th their appurfaances 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 vnd er my hand and scale/ All w ch p r misses now are
and hereafter shalbe deemed reputed and taken to be parts
parcells and members of the gvince of New Somersett shire
in New England aforesaid And also the said S r fferdinando
Gorges for the consideracons aforesaid Hath giuen granted
bargained sold and confirmed And by these pnts Doth giue
grant bargaine sell and confirme vnto the said George Cleeue
and the said Richard Tucker their heires and assignes
Together w th the said porcon of lands and p r misses all the
soyles grounds woods and vnderwoods, Havens Ports,
Rivers, waters, lakes, fishings ifowleings, 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, ffranchises and Preheminences whatsoeuer within
the said tract of landes and p r 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 r misses or any
pte or pcell thereof Due vnto his Ma tie 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 singular the
said parte purparte and porcon of lands, and all other the
p r misses herein menconed to be bargained sold or granted
w th their and every of their appurfaances vnto the said
George Cleeue and Richard Tucker their heires and assignes
To the only and prop vse and behoofe 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 r fferdinando
TERRITORIAL HISTORY OF MAINE. 217
Gorges and his heirs Lord or Lords of the said gvince of
New Somersett shire as of his or their Mannor of Willitton
and ffree Manners in free and comon Soccage by ffealty only
for all manner of services And the yearely rent of two
shillings the hundred for every hundred acres thereof be it
in wood meadowing pasture or tillage, the same to be levyed
by Distres or otherwise according to the lawes and cus-
tomes of the Realme of England vsed and approued within
the same for tenants of like nature/ And the said S r fferd-
inando Gorges for himselfe his heires and assignes Doth
O O
couenant gmise and grante to and w th the said George Cleeue
and Richard Tucker their heires and assignes by theis pnts,
That he the said S r 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 acte 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 r misses
w th their and every of their appurfriances 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 r 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 gen? his true and
lawfull atturney and atturneys, Joyntly or seuerally for
him and in his name to enter into the said lands and other
the said bargained p r 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 for him and in his name
218 DOCUMENTS KELATING TO THE
to Deliuer full and peaceable possession and seisin of the
same lands and p r misses vnto the said George Cleeue and
Eichard Tucker their heires and assignes according to the
tenor effecte and true meaneing of theis puts 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
William Withington
John Winington
Memorancl that I Arthur Mackworth genf haue taken and
Deliuered possession and seisin vnto George Cleeue Esquire
and Richard Tucker gen according to the order within pre-
scribed/ In wittnes whereof I haue herevnto sett my hand
this eight Day of June 1637
In the p r sence of
Thomas Lewis Arthur Mackworth
John Hickford
George ifrost
This is a true coppie of the original! Deed examined and
Recorded the 24 th Day of May by me
Roger Garde Recorder :
TERRITORIAL HISTORY OF MAINE. 219
L.
COMMISSION TO SIR FERDINANDO GORGES AS GOV-
ERNOR OF NEW ENGLAND, BY CHARLES I.
OF ENGLAND.
JULY 23 1/^07
AUGUST 2 ' i " 6 ' *
Sources.
The royal commission to Sir Ferdinando Gorges as
governor of New England, fig^?, 1637, is in the Public
Record Office, London, "Colonial Entry Book," III., 60.
It was first printed by Samuel G. Drake, '* Founders of
New England," in the " New England Historical and Genea-
logical Register"(1860), XIV.," 345, 346; afterwards by-
John A. Poor, " A Vindication of the Claims of Sir Ferdi-
nando Gorges " (Popham Memorial Volume, New York,
1862), Appendix F, 127. An abstract is in W. Noel Sams-
bury, editor, " Calendar of State Papers," Colonial Series,
L, 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
generall Govern'rnt in Our Territorye of New England 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 the parts of New England by
reason of the severall opinions differing humors and many
other differences springing up 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 fathers royall
220 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 bee 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 languish
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,
moderation and experience Wee haue hopes to repair what
is amiss and settlem* of those affaires 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 Gouernem* in martiall 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 comendable affection of his to serve vs therin, as We
highly approve, Soe Wee hold it a property of Our princely
TERRITORIAL HISTORY OF MAINE. 221
care to second him with Oar Royall and ample authority
Such as shalbee meet for an employment soe eminent and
the performance of Our Service therin, wherof Wee haue
thought itt fitt to make publick Declaration of Our said
pleasure, That therby it may appear to our good Subjects
the resolution Wee haue graciously to prouide for the peace
and future good of those whose affection 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 Gouerno r 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 commodityes 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 Country e, ffree
liberty at all times hereafter to go themselues and also to
send such Numbers of people to their plantacons as by
themselues shall bee thought conuenient Heerby strictly
charging and commanding all our Officers and others to
whom it shall or may appertaine, 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. Giuen at the Court of Whitehall the 23. day of July
1637. and in the Thirteenth yeare of Our Raigne.
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-
prietary 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 early 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 of 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 HISTORY OF MAINE. 223
Text.
Charles by 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 Gorges Knight hath been 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 England in America, hereafter in these
Presents described by the Metes & Bounds thereof, with
diverse & sundry Priviledges & Jurisdictions for the Welfare
& Good of the State of those Colonies that shall be drawn
thither, & for the better Governm 1 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 by 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 Northwestward 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 Jthe Mouth of Sagadahoc, &
224 DOCUMENTS RELATING TO THE
from the Period of One hundred & twenty Miles afores d 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
Iving within five Leagues of the Main all along the aforesaid
Coasts between the afores d Rivers of Piscataqua & Sagada-
hoc, with all the Creeks, Havens & Harbours thereunto
belonging, & the Reversion & Reversions, Remainder &
Remainders of all & singular the s d Lands Rivers & Prem-
ises, all which s d Part Purpart or Portion of the said Main
Land, & all & every the Premises herein before 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 by 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 the fishing, of whatsoever
kind, as well Pearls as Fish as Whales Sturgeons, or any
other either in the Sea or Rivers, And also all Royalties 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
TERRITORIAL HISTORY OF MAINE. 225
or hidden, & all Quarries there, & all Gold Silver, Pearls,
Precious Stones & Arnbergrease which shall be found within
the s d Province & Premises or any of them & the Limits &
Coasts of the same or any of them, or any part of them or
any of them, & all & singular 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 d 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 only 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 Proffit of Pearl Fishing ; And WE DO for
us Our Heirs & Successors further grant unto the said Sir
Ferdinando Gorges his Heirs and Assigns for 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 Offences comitted against
Ourself Our Heirs & Successors, or things concerning Our
self Our Heirs or Successors, or our Proffit 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 Gorges his Heirs & Assigns the
true & absolute Lords and Proprietors of all & every the
aforesaid Province of Mayne & Premises aforesaid, & all &
TERRITORIAL HISTORY OF MAINE. 227
every the Limits & Coasts thereof, Saving always the Faith
& Allegiance of the Supream Dominion due to Us Our
Heirs & Successors ; And for the better Government of such
our Subjects & others as at any time shall happen to dwell
or reside within the s d Province & Premises or pass to or
from the same, our Will & Pleasure is that the Religion
now professed in the Church of England & Ecclesiastical
Governm 1 now used in the same shall be 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 d Sir
Ferdinando Gorges his Heirs & 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 be 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 but agreable as
near as 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 Offence shall require by tak-
ing away of Life or Member, The said Laws & Constitu-
tions to extend as well to such as shall be passing unto or
returning from the said Province or Premises, as unto the
Inhabitants or Residents of or within the same, & the same
to be put in Execution by the said S r Ferdinando Gorges
his Heirs & Assigns or by his or their Deputies Lieutenants,
Judges 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 England as the s d S r 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 give & grant
unto the said S r Ferdinando Gorges his Heirs & Assigns
full Power & Authority, & that it shall be lawfull to & for
him the s d S r Ferdinando Gorges his Heirs & Assigns to
erect Courts of Justice, as well Ecclesiastical as Civil &
Temporal whatsoever, & to appoint & constitute from time
to time Judges, Justices, Magistrates & Officers as well of
the said Court & Courts of Justice 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 r 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 r Ferdinando Gorges his Heirs or
Assigns shall think fit, & to place others in their Room &
Stead, & that the Inhabitants & Residents within the s d
Province & Premises & Passengers to & from the same may
within forty days after Sentence given in said Courts where
Appeals in like Courts within this Kingdom are admitted
appeal to the said S r Ferdinando Gorges his Heirs and As-
signs, or his or their Gen 11 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 Appeals within this Our Realm of
TERRITORIAL HISTORY OF MAINE. 229
England ; And We do further for us Our Heirs & Successors
give & grant unto the said S r Ferdinando Gorges his Heirs &
Assigns full Power & Authority to pardon remit & release all
Offences & Offenders within the said Province & Premises
ag st 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 be used,
altho' in these Our Letters patent there be no particular men-
tion of the same ; But we do nevertheless hereby signify &
declare our Will & Pleasure to be that the Powers & Author-
ities hereby given to the said S r Ferdinando Gorges his Heirs
& Assigns for & concerning the Governm* both Ecclesiastical
& Civil within the s d Province & Premises shall be subordi-
nate & subject to the Power & Reglem l 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 d Province, Parts & Coasts of the same or
any of them, or any Owner-ship or Interest 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 Assemblies 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 Ferdinando Gorges his Heirs & Assigns
full Power & Authority that he the said S r Ferdinando
Gorges his Heirs & Assigns by him & themselves, or by 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 1 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 d Province
or Premises 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 Eight or Jnterest of any Person or Persons in
their Lives, Members, 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 l he the s d Sir Ferdinando Gorges his Heirs and Assigns, as
well by him & themselves as by 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 or 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
like wise 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 r Ferdinando Gorges his Heirs or Assigns, or
TERRITORIAL HISTORY OF MAINE. 231
from his or their Deputies Officers or Servants, or from any
the Planters, Jnhabitants or Residents of or within the
said Province or Premises, or from any other Members,
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 the same ; And We
do further for Us Our Heirs & Successors give & grant unto
the said Sir Ferdinando Gorges his Heirs & Assigns in Case
any Rebellion, sudden Tumult or Mutiny shall happen to
arise either upon the said Land within the s d 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 d , it shall & may
be lawfull 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 & execute Mar-
tial Law ag st such Rebels, 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
War, 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 Commander, Gov r Officer, Minister, Person & Persons
which shall by 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, & every
232 DOCUMENTS RELATING 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 & Offence 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 & 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 r 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 & Comodities of the s d
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 &
TERRITORIAL HISTORY 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 beneficial Sort as
any of our natural Subjects of this Our Realm shall then
have & enjoy, And We do also for Us Our Heirs & Suc-
cessors give & grant unto the said S r Ferdinando Gorges
his Heirs & Assigns full & absolute Power & Authority to
make erect & appoint within the s d 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 all 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 r 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 Us Our 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 fishing 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 Ferdinando 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 d Sir Ferdinando Gorges his Heirs
or Assigns shall seem meet and Convenient, & the s d 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?] Manners as to the s d S r Ferdinando
Gorges his heirs & Assigns from time to time shall seem
meet, & to the same sev u Mannors to assign, limit & appoint
so much Land distinctly & severally for Demesne Lands of
the said several Manners, & every of them, as to the s d S r
Ferdinando Gorges his Heirs & Assigns shall & may seem
necessary & fit, & the said Manners or any of them to call
by such Name & Names as the said S r Ferdinando Gorges
his Heirs & Assigns shall please, The said Manners to be
TERRITORIAL HISTORY OF MAINE. 235
holden of the said S r Ferdinando Gorges his Heirs & Assigns
by such Services & rent as to him or them shall seem meet,
& also that the said S r Ferdinando Gorges his heirs &
Assigns shall & may at their Pleasure grant in Freehold so
much of the said Demesne Lands, Rents & Hereditaments
belonging or to be belong g to any of the said Manners 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 Rights, Benefits & Jurisdictions & likewise all
Priviledges & Commodities unto the said Admiral Jurisdic-
tions in any wise belonging or appertaining in & upon the
Seas, Rivers & Coasts of or belonging to the said Province
& Premises, & every or any 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 & determine all
manner of Pleas for & concerning the same Saving always
to Us, Our Heirs & Successors & to the Lord high Admiral
of England for the titae being of Us Our Heirs & Successors
all and all Manner of Jurisdictions, 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 beins^ to have use and
exercise within the said Province & Premises, & the Seas or
Rivers thereof, or within twenty Leagues of the same as
afores d when we shall think fit ; And We do for us, our Heirs
and Successors give & grant unto the said Sir Ferdinando 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 Judges Jus-
tices, Magistrates & other Officers whatsoever by the s d S r
Ferdinando Gorges his Heirs & Assigns his or their Dep-
uties to be elected at y e 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 Quality 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 d Province &
Premises or any of them, for the true & faithfull Execution
& Performance of their sev 11 Charges & Places, as for the
Examination & clearing the truth, & likewise for the In-
formation & better direction of his & their Iudgm ts in any
matter or cause whatsoever Cerning the said S r Ferdinando
Gorges his Heirs or Assigns, or any Inhabitant, Member or
Person belonging or repairing unto the s d 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 shall 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 lawfull 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 fit by the
said S r Ferdinando Gorges his heirs & Assigns, prepared
& furnished w th Ordnance, Artillery, Powder, Shott, Vict-
ualls, Ammunition or other Weapons or Habiliments of War
as well invasive as defensive in warlike manner or otherwise,
& with such Number of Men, Women & Children as the
s d S r Ferdinando Gorges his Heirs or Assigns shall think
fit in such Voyage into the s d 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 e
Seas & in that manner so as the Persons so to be shipped,
sent or transported as afores d 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 rs 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 d S r Ferdinando Gorges his heirs
& Assigns, & his & their Factors, Agents, & such as shall
be employed sent, licenced or allowed by 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 e 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 Gorges his Heirs
& Assigns, & for all & every other Person or Persons that
shall be licenced or allowed by the said S r 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 r Ferdinando Gorges his heirs & Assigns not being repug-
nant to Our Proclamations & Orders of the Lords & others
our Com in" as afores d 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 r Ferdinando Gorges his Heirs & Assigns
TERRITORIAL HISTORY OF MAINE. 239
that the aforesaid Province, Rivers & Places hereby before
mentioned to be granted or any of y m shall not be traded in
or unto, nor inhabited by any of the Subjects of us our
Heirs & Successors without the special Licence of the said
S r Ferdinando Gorges his Heirs & Assigns, And therefore
we do hereby 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
abide in the s d Province of Mayne, Jsland, Dominions or
Places hereby mentioned or intended to be granted or any
of them, other than the s d S r Ferdinando Gorges his Heirs
and Assigns, & his & their Deputies & Factors, unless it be
with the licence & consent of the s d S r 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 d S r Ferdinando Gorges his Heirs &
Assigns, that all & every the Persons being the Subjects of
Us Our Heirs & Successors, which shall go or inhabit within
the s d 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 d S r Ferdinando
Gorges his Heirs & Assigns or any Person or Persons to be
thereunto nominated by the s d S r 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 fit, that shall at any time or times go or
pass into the s d 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 r 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 renew 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 n of the said S r Ferdinando
Gorges his Heirs & Assigns, such further & better Assur-
ance of all & singular y e 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 11 of us Our Heirs & Successors for
TERRITORIAL HISTORY OF MAINE. 241
the time being & the learned Council of the s d Sir Ferdinando
Gorges his Heirs & Assigns shall in that behalf be reasonably
devised or advised, AND further We do hereby for Us, Our
Heirs & Successors, charge & command all & singular Ad-
mirals, Vice Admirals, Generals, Commanders, Captains,
Justices of the Peace, Mayors, Sheriffs, Bailliffs, 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 time being,
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 d 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 d S r Ferdinando Gorges his Heirs &
Assigns that this Our Letters Pattents or the Enrolment of
c5
them shall be in all things, & to all Jn tents & Purposes firm
good & effectual & 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 d 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 e fundamental Laws of this Realm, or Alle-
giance to us, Our Heirs & Successors may suffer prejudice
or diminution 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, whom 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
Westminster the third day of April, Jn the fifteenth Year
of Our Reign.
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 -inon
SEPTEMBER 1> L
/Sources.
By the conveyance of lands at " Pagiscott" (Pejepscot)
from Thomas Purchase to Governor Winthrop, 8 e u p t " S n lb er 2 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 th day of the 5 th ra, @ 1639,
betweene Thomas Purchase, of Pagiscott, gentleman, of
244 DOCUMENTS RELATING TO THE
the one parte, and John Winthrope, Esq>, Governo r ot the
Massachusets, on the behalfe of hiraselfe, the Governo r &
Company of the Massachusets, on the other parte, witness-
eth, that the said Thomas, for divers good causes & consid-
erations him therevnto moveing, hath given & granted, &
by these psents doth give & grant, vnto the said John
Winthrope & his successors, the Governo r & 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 th all liberties &
priviledges therevnto belonging ; so as they may plant the
same w th 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 th 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 r & 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 comon seale, 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 r ed, in the fteence 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, September 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 favour, by his
royall charter under the great seale 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 land
lying and being in New England atoresaid, 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 inilles, 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 authoritie 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 before them, and to
doe and performe 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 doe 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 piraticall 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 seales, 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 be valid.
The commission, with the ordinances, was transcribed
nto the book of records at York. From that source it
TERRITORIAL HISTORY OF MAINE. 249
was printed by James Sullivan, " History of the District
of Maine" (Boston, 1795), Appendix VI., 413-417. Sul-
livan evidently mistook this commission for the preceding
one ; but the date, March 10, 1639, proves, according to the
Julian calendar, 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 Gorges, 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 province,
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 the 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 by
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 pattents, 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 tbey 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 take them, and being apprehended either according
to martial] law to proceede against them, or otherwise to
dispose of them as by my said councell or the greater part
of them shal be thought meete at their next sessions or
assembly to be held for publique determination l of causes
within the said province, according to the said subscribed
ordinances, which ordinances doe follow in these words :
Ordinances made and established and ordained by me Sir
Ferdinando 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 generall, 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 coun-
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
councell as shal be sufficient 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 of
that partt of the said province which is most inhabited, and
1 " Detetmination " in Sullivan.
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 Richard 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 royal 1 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
ordeyne that my said councell or anie three of them whereof
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
freeholds, within the said province, and to make such orders
upon hearing thereof for the relief of the complainant as
the justness of the cause shall require, and as to the lawes
and statutes of this his highness' realme of England are
agreeable, and to award such costs and damages to the
plaintiffe or defendant upon hearinge thereof as they shall
thinke meete. But I doe limitt and restraine the power
before menconed for punishinge the offences before expressed
and hearinge and determininge differences arising betweene
party and party from extending to the punishinge, order-
inge, or arbitrating any cause or offence which shall depend
before my said councell (saving such offences and causes as
they shall punish 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 capitall offence, the warrant
is to be directed to the provost marshal I or constable of the
ce, and to be after this forme :
254 DOCUMENTS RELATING 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
seale, &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 patten ts, 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 with
you a stronge guard well armed, and that you omit not to
apprehend the said E. D. and him to bringe before us or
some of us to be dealt withall accordinge to the nature of
his cry me : 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
rebel 1.
But before this be granted, the court is to procede unto
a diligent hearing of the complainte and to be well assured
TERRITORIAL HISTORY Or MAINE. ' 255
of the proofes made of the matters he stands accused of,
which done, sentence is to be given specyfieing the proofes
whereupon the order is grounded : and for the execution of
such orders, and keeping of prisoners, you are to make a
provost martiall, who is to have a house built for that pur-
pose at the common charge, for that it is for the publique
good. And I doe further ordeyne that my said councellors
before they precede 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 [n] ess' realme of England for their loyaltie to his maj-
estie, 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 my said lord, his
heires or assignes, but will instantly after my 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 scale 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 scale, 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 scale, the tenth day of March, in the fiftenth
yeare 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
" Historical Collections " etc. (Philadelphia, 1792), 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
TERRITORIAL HISTORY OF MAINE. 257
papers marked " New England Papers, transcribed from
ancient records of Plymouth Colony," 14f.
The text adopted is that of the " Plymouth Colony
Records."
Text.
Whereas diuers and sondry treaties haue beene in the
publike & Geflall Courts of New Plymouth, his ma tie , our
dread soflaigne, Charles, by the grace of God King of Eng-
land, Scotland, France, and Ireland, &8, concerning the
gper right and title of the lands w th in the bounds and limm-
itts of his said ma ties Ires patents, graunted by the right
hon ble his ma ties counsell for New England, ratifyed by their
comon seale, and signed by the hand of the Right Hon blc
Earle of Warwick, then president of the said counsell, to
William Bradford, his heires, associats, and assignes, beare-
ing date, && ; and whereas the said Willm Bradford and
diuers others, the first instruments of God in the begininge
of this greate work of plantacon, together w th such as the
alorderinge hand of God, in his guidence, soone added vnto
them, haue beene at very greate charges to gcure the said
lands, pviledges, & 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 r nt, remayneth in the
said Willm, his heires, associats, and assignes, now, for
the better setling of the state of the said lands aforesaid,
the said Willm Bradford and those first instruments termed
and called in sondry orders vpon publike record, the pur-
chasers, or old comers, witnes two in especiall, tftone beare-
ing date the third of March, 1639, tftother in Decemb r y e
first, 1640, wherevnto these p r 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 r nts, that the
VOL. I. 18
258 DOCUMENTS RELATING TO THE
said Willm Bradford, for himself, his heires, together w th
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 from sea to sea, crosse the said neck of land ; the sec-
ond, of a place called Acconquesse, al s Acockcus, w ch 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 ch
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 th Causumpsit Neck, w ch is the cheef habitacon
of the Indians, and reserued for them to dwell vpon, extend-
ing into the land eight miles through the whole breadth
thereof, together w th such other smale pcells 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 w th 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 r viledges, immunities, &
freedomes granted in the said Ires patents by the said right
hon ble counsell for New England, reserueing his & their
psonall right of freemen, together w th the said old planters
aforesaid, except the said lands before excepted, declareing
the freemen of this present corporacon, together w th all such
as shalbe legally admitted into the same, his associats. And
the said Willm Bradford, for him, his heires and assignes,
TERRITORIAL HISTORY OF MAINE. 259
doe further hereby gmise and graunt to doe & pforme what-
soeuer further thinge or thinges, act or acts, w ch in him
lyeth, which shalbe needfull and expedient for the better
confirmeing & establishinge the said gmisses as by counsell
learned in the lawes shalbe reasonably aduised and deuised,
when he shalbe therevnto required. In witnes whereof,
the said Willrn Bradford hath in publike Court surrendred
the said Ires patents actually into the hands and power of the
said Court, bynding himself, his heires, execut", adminis-
trat ra , and assignes, to delifi) vp whatsoeuer specialties are
in his hands that do or may concerne the same.
Memorand : that the said surrender was made by the said
Willm Bradford, in publick Court, to Nathaniell Sowther,
especially authorized by the whole Court to receiue the
same, together w th the said Ires patents, in the name and
for the use of the whole body of freemen.
It is ordered by the Court, that M r Willm Bradford shall
haue the keepeing of the said Ires patents, w ch were after-
wards deluded vnto him by the said Nathaniell Sowther in
the publike Court.
LVI.
COMMISSION TO LORD D'AULNEY CHARNIZAY, BY
LOUIS XIV. OF FRANCE.
FEBRUARY, 1647/8.
Sources.
The commission to Lord D'Aulney Charnizay, February,
1647/8, by Louis XIV. of France, with the approval of his
mother, the queen regent, extended the western limits of 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-Chapelle, 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'Aulney. 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,
VII. The commission is also included in " Collection de
Manuscrits Contenant Lettres, Memoires, et Autres Doc-
uments Historiques" (Quebec, 1883), I., 120-124; and a
copy 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," II., 492-498, which is an English
translation.
Text.
LEWIS BY THE GRACE OF GOD KING OF FRANCE &
NAVARR to all People present and to coin greeting. Being
well informed & assured of the laudable & commendable
affection, 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 MAINE. 261
rights and authority of our Crown, & by our expres 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 deffence 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 but reasonnable to reward his good
and faithfull services, have by the advice of the Quen Regent
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 Charnizay 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
1'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, 1 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 Kelligion 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 affairs 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 commerce between our Subiets 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
1 A word formerly used to denote New England as well as more southern
colonies.
TERRITORIAL HISTORY OF MAINE. 263
We give him power to keep and appropriate to himself
what he will think most convenient & proper 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
Subiets 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 prescribed by our
declarations. We reserve only the tenth part to our selves
of the profit 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 bear 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 usefull for ye above mentioned
purposes, and there to Set such Officers & garrisons as need
shall be, and generaly to do for the settlement habitation
& conservation of the said Countrys, Lands & Caosts of
1'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 subsist at his own charge &
cost, no body else having contributed to it any thing, is the
trade and traffick 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 prejudice of God's honor and
our Crown's and the Savages'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
confirming 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 1'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 Subiets 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 ed 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 reign
Signed
Lewis
& lower By the King the Queen Regent his Mother being
present De Lomenie.
LVII.
SOCIAL COMPACT TO SECURE INDEPENDENT
GOVERNMENT, BY WELLS, GORGEANA
AND PISCATAQUA.
JULY, 1649.
Sources.
The " Social Compact" of Wells, Gorgeana and Piscata-
qua, in 1649, was a voluntary association to secure inde-
pendent government. Although in 1646 the name of the
Piscataqua plantation had been 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 first
published by the Massachusetts Historical Society, " Col-
lections" (1792), 1st Series, I., 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 given i s 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 ppdgat
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 regulating thereof. Now forasmuch as Sir Ferdi-
o O
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 Parlament, 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 laws of our native country.
And to make choyse of such Governor or Governes and
Magistrates 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 5/15, 1651.
/Sources.
The petition to Parliament from the General Court of the
Province of Maine, December 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 printed from the manuscript records
at York, by James Sullivan, " History of the District of
Maine" (Boston, 1795), 322, 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 reprint is that of 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 d 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 and
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 our selves 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.
FEBRUARY 25 lfi Ki /9
MARCH 7 ibi)1 /^-
Sources.
The letters patent to Sir Charles La Tour, by Louis XIV.
of France, SJSfp 25 > 1651/2, confirmed to him the govern-
ment of Acadia. They are similar in tenor to those issued
to D'Aulney in 1647/8, after the banishment of La Tour.
The death of D'Aulney 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'Aulney, 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), I., 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 affection,
peine & diligence que notre cher & bien am Charles de
Saint-Etienne, Chevalier, Sieur de la Tour, qui etoit ci-
devant institu & tabli par le feu Roi de tres-heureuse
me*moire, notre tres-honore Seigneur & pere (que Dieu
absolve), Gouverneur & potre Lieutenant general au pays
& cote de 1'Acadie en la Nouvelle France, & lequel, depuis
270 DOCUMENTS RELATING TO THE
quarante-deux ans en $a a apporte & utilement employ^
tous ses soins, tant a la conversion des Sauvages dudit pays
a la foi & religion chretienne, qu'a Petablissement de notre
autorite en toute 1'etendue dudit pays ; ayant construit deux
forts, & contribue de son possible pour Pinstruction des
enfans desdits Sauvages, &, par son courage & valeur,
chasse les Strangers 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 te empeche par Charles de Menou, Sieur d'Aulnay
Charnisay, lequel auroit favorise 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 da vantage, 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 nombre suffisant de gens de guerre, &
autres chores a ce requieses & necessaires, ou il convient faire
de grandes depenses ; savoir faisons que Nous, en pleine
confiance du zele, soin, industrie, courage, valeur, bonne &
sage conduite dudit de Saint-Etienne, & voulant, comme
il est bien raisonnable, reconnoitre ses bons & fideles ser-
vices, avons, par 1' avis de la Reine Regente, notre tres-
honoree Dame & mere, & de nos certaine science, pleine
puissance & autorite royale, icelui Sieur de Saint-Etienne
confirme & confirmons de nouveau, en tant que besoin est
ou seroit, ordonne, & etabli, ordonnons & etablissons par
cespre*sentes,signees de notre main, Gouverneur & Lieuten-
ant general, representant notre personne en tous les pays,
territoires, cQtes & confins de 1'Acadie, suivant & conforme-
ment aux patentes qui, si durement lui en ont ete expedites,
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
TERRITORIAL HISTORY OF MAINE. 271
Dieu & a la lumiere de la foi & religion chretienne, & y
commander, tant par mer que par terre, ordonner & faire
executer tout ce qu' il connoitre se devoir & pouvoir faire,
pour maintenir & couserver lesdits lieux sous notre autorite
& puissance, avec pouvoir de commettre & e*tablir, & insti-
tuer tous officiers, tant de guerre que de justice, pour la
premiere fois, & dela en avant nous les nommer & presenter
pour les pourvoir & leur donner nos lettres a ce ndcessaires ;
& selon les occurences des affaires, avec Pavis & conseil des
plus prudens & capables, faire & etablir loix, statuts &
ordonnances, le plus qu' il se pourra, conformes aux n6tres ;
traiter & contra cter paix, alliance & confederation avec lesdits
peuples, ou autres ayant pouvoir ou commandement sur eux ;
leur faire guerre ouverte, pour etablir & conserver notre
autorite, & la liberte du trafic & negoce entre nos sujets &
eux, & autre cas qu' il jugera a propos ; jouir & octroyer a
nos sujets qui habiteront ou uegocieront auxdits pays & aux
originates d' icelui, graces & privileges, et honneurs, selon
les qualit^s et merite des personnes : le tout sous notre bon
plaisir. Voulons et entendons que ledit Sieur de Saint-Etienne
se reserve et approprie, & jouisse pleinement & paisiblement
de toutes les terres a lui ci-devant concedes, & d' icelles
en donner & departir telle part qu' il avisera, tant a nosdits
sujets qui s'y habitueront, qu' auxdits originaires, ainsi qu'
il jugera bon etre, selon les quality's, me*rite & services des
personnes ; de faire soigneusement rechercher les mines
d'or, argent, cuivre, & autres me*taux & mineraux, & de les
faires mettre & convertir en usage, comme il est prescrit
par nos ordonnances ; nous reservant du profit qui provien-
dra de celles d'or, argent & cuivre seulement, le dixieme
dernier : & lui delaissons & affectons ce qui nous pourroit
appartenir des autres me*taux & mine*raux, pour lui aider a
supporter les autres defenses que sadite charge lui apporte.
Voulons que ledit Sieur de Saint-Etienne, privativement a
272 DOCUMENTS RELATING TO THE
tous autres, jouisse du privilege, pouvoir & faculte* de traf-
iquer & faire la traite* de pelleteries avec lesdits Sauvages,
dans toute l'e*tendue dudit pays de terre ferme & c6te de
PAcadie, pour en jouir & de toutes les choses ci-dessus
de'clare'es, & par ceux qu'il commettra & a qui il en voudra
donner la charge : faisant trSs-expresses inhibitions &
defenses a tous marchands, maitres & capitaines de navires
et autres nos sujets originates dudit pays, de quelque e*tat,
qualit^ & condition qu' ils soient, de faire trafic et la traite
desdites pelleteries avec lesdits Sauvages, audit pays & c6te*
de PAcadie, sans son expres conge* & permission, a peine
de de*sobe*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 proce'de' contre les personnes &
biens desdits de*sobe*issans, ainsi qu' il appartiendra. Et a
ce que cette notre intention & volont6 soit notoire, & qu'
aucuns n'en pretendent cause d' ignorance, mandons &
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 pre*sentes, & le contenu en icelles
faire garder & observer ponctuellement, faisant mettre &
afficher es ports, havres & autres lieux de notre royaume,
pays & terres de notre obdissance que besoin sera, un extrait
sommaire du contenu en icelles : Voulant qu'aux copies, qui
en seront duement collationne'es par I 'un de nos ame's &
feaux Conseillers & Secretaires ou Notaire royal sur ce
requis, foi soit ajoute*e comme au present original : Car tel
est notre plaisir ; en te*moin de quoi nous avons fait mettre
notre seel a ces pre*sentes. Donne* a Paris, le vingt-cin-
quieme jour de feVrier Pan de grace mil six cens cinquante-un,
TERRITORIAL HISTORY OF MAINE. 273
& de notre regne le huitieme. Sign Louis ; & sur le
repli est e*crit, Par le Roi & la Reine Regente sa Mere pre*-
sente, le Tellier, avec visa, & scel!6 de cire 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." J^ 2 *, 1652, the Court passed
the following order about the north 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 lesse, 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 finde out the
most northerly part of Merremacke Riuer." They made
return that on the first day of August, 1652, they found the
latitude required to be 43 40' 12" N., " besides those min-
utes which are to be allowed for the three miles more
north which runn into the lake [' Winnapuscakit']."
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 Kittery acknowledged the government of Massachusetts,
and the County of Yorkshire in western Maine 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 1., 124-126; "York Deeds,"
L, 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 th 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 subscription vnder theire hands,
bearing date the 16 th 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 th 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 st . That the whole tract of land beyond the Riuer of
Piscataqj northerly, together with the Isle of Shoales, w th in
our sajd bounds, is and shallbe henceforth a count} r , or
shire, called by the name of Yorkshire.
2. That the people inhabiting there shall enjoy protec-
con aequall acts of favor, & justice w th the rest of the people
inhabitting on the south side of the Riuer Piscataqe, w th in
the Ij mitts 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
TERRITORIAL HISTORY OF MAINE. ' 275
when comissioners of each bordering toune hath vejwed and
retourned to vs or to the Gennerall Court theire survey.
5. That both each toune and euery inhabitant shall haue
and enjoy all theire just proprietjes, 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
freemen of the countrje, and, having taken the oath of
freemen, shall have libertje to give theire votes for the
election of the Gouerno r , Assistants, and other gennerall
officers of the countrje.
8. That this county of Yorke shall haue County Courts
w th in themselves, in the most comodious and fitt places, as
authoritje shall see meete 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 comissioner resideth.
10. That the shire shall or may haue three associates to
asist such comissioners as the present coinissioners 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 th out theire consent.
12. That the inhabitants of Kittery shall also haue &
enjoy the same priviledges that Douer 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 th 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 inhseritaunce, whither by graunt, by
pattent, 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 th 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 r
Niccolas Shapleigh shall haue power forthwith to collect
such some or somes of money as are due to the aforesajd
inhabitants, and pay such debts as are justly dew from
them, and give an accompt thereof, w th in 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.
TERRITORIAL HISTORY OF MAINE. 277
LXI.
PETITION FOR ENLARGED PRIVILEGES ON THE
KENNEBEC, BY EDWARD WINSLOW
OF NEW PLYMOUTH.
MARCH 8/18, 1652/3.
Sources.
For the petition of Edward Winslow, in behalf of New
Plymouth, for enlarged privileges 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 are printed
by George Folsom, "A Catalogue of Original Documents
in the English Archives, Relating to the Early History of
the State of Maine " (New York, 1858).
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. ...
M p ay 12 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 Majest6 Britannique,
TERRITORIAL HISTORY OF MAINE. 279
sur les Possessions & les Droits respectifs des deux Cou-
ronnes en AmeVique " (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 End 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 firm 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, either party may issue letters
of marque and reprisal, to affect only the particular delin-
quents, not the effects of the subjects of either unconcerned.
XXIV. Whereas since the year 1640 many 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 final, 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.
EXTRACT 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 of 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.
TERRITORIAL HISTORY OF MAINE. 281
Although Cromwell defines the river St. Georges as the
western limit, yet, after the cession to France " with unde-
fined limits," by the treaty of Breda, a controversy began
which continued for nearly a century.
The grant, in French, is in the De*p6t de la Marine in
Paris, from which source it was printed in Ebenezer Hazard,
"Historical Collections," etc. (Philadelphia, 1792), I.,
616-619, and in " Mdmoires des Commissaires du Roi et de
ceux de sa Majest6 Brittanique, sur les Possessions & les
Droits respectifs des deux Couronnes en Ame*rique " (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, page 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 confirmed February
15/25, 1657/8. From that time "honest Tom Temple"
was both governor and proprietor of 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 r of the Commonwealth of England
Scotland and Ireland and the Dominions thereto belongi ng
TERRITORIAL HISTORY OF MAINE. 283
To all to whom these. p r esen ts . shall Come. Greeting Know,
yee. that wee reposing especiall. trust and. Confidence in
the wisedome prudence loyalty and abillity of ou r trusty
and welbeloued Colonell Thomas Temple, of ou r especiall
Grace certajne knowledge and meere. mocon. Haue by and
w th the Advice and Consent of ou r Councell Graunted and
Comitted And by these p r esents. Doe for vs. and ou r suc-
cesso rs 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 East to the Port, and Cape
of La Stere leading along the Coast to Cape Sable from
thence do a For* now Called La Tour heretofore L e
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 1 to the bottome of the bay. and thence along the baye 8
to S 1 Johns fforts and thence all along the Coast, to. Penta-
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
lymitts and bounds aforesajd one hundred leagues and
thirty leagues into the Sea all along the Coasts. afores d And
of all and singular the Territoryes. Lands. Islands. Seas
Riuers. Lakes fforts and ffortresses. whatsoeuer. w th in the
Boundary es and Lymitts Aforesajd And the Jurisdiccon of
ou r Admiralltje and all other Jurisdiccons Rights, ffran-
chises. and libertjes wha l soeuer w th in the bounds, and lj mitts
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 fc the Gospell and true Religion of christ
maybe propagated amongt the heathen and Savage people
there, the honor of vs and good of this Comon wealth
Advanced, Trade promoted, and the natjves. and Inhab-
itants in those parts reduced and brought vnder r ou r
Gouerment and protection and kept, in theire due obedjence
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 r Leiftennant of and in the
Aforesajd Countrjes Lands Islands fforts Territo r jes and
limitts aforesajd, And Doe Giue and Graunt vnto him full.
powe r and Authoritje in our name and as ou r Leftennan* to
Rule Gouerne and orde r all and singular the Inhabitan u
there as well the naturall borne people of this Comon
Wealth as the natives and Savages and all othe rs that shall
happen to be or abide there according to the lawes of
England, and such other good wholesome and Reasonable
orde rs Articles and Ordinances as shall be most requisite
and needefull : And all such as shall be found Disobedient
in the p r misses. to chastise correct and punish according to
theire faults and demeritts and the lawes. Orde rs Articles,
and ordinances aforesajd And also w th force and strong
hand to fight with kill, slay, suppresse, Subdue, and Annoy
all such as in hostile manner shall Attemp 1 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 r possession thereof; or ou r 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 8 and Territory 8 , or any othe rs that shall Goe or
transport themselves thither or, any part thereof vnde r ou r
protection ; streightly charging and Commanding all manner
TERRITORIAL HISTORY OF MAINE. 285
of persons. w ch now are ; or heereafter shall be Abiding in
the sajd Countries Islands or Territories, or any of them ;
that they be obedient Ayding and Asisting, to the sajd
Thomas Temple in all things as to ou r Leittennan* And ffur-
ther Wee Doe by theise p r sen te Give and Graun* vnto him
the sajd Thomas Temple full powe r and Authoritje all persons
as Doe or shall Inhabit there, or shall be Implojed vnde r
him to trayne trade and exercise in Armes according to the
discipline 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 r ese r vacon of the publicqtie peace
there and Safeguard of the Countrjes forts Territoryes and
Seas aforesajd And also to make constitute and Appointe
vnde r him fitt and Convenian 1 office" and ministers of Jus-
tice as well millitary as Civill ; for the peace Safety and
Good GoQment of ou r sajd Countrjes Territo r jes and people
there And for the better execution, of ou r Se r vice, and
Comand in the p r misses ; and securing ou r Interest in
the sajd Countrjes Islands fforts Seas and Territorjes Wee
doe by theise presents Give and Graunt. further Powe r and
Authoritje vnto him the sajd Thomas Temple to Errect
build rajse and make such Cittyes. Townes Villages Castles
Ci^dells. fforts and fortiffications there as he shall Judge
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 offences
being Souldje r s and vnde r millitary discipline : according to
the law martiall and not being Souldjers nor vnde r millitary
discipline according to the lawes of this Comon wealth And
moreouer Wee doe by theise p r sen te 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 r sume to trade or Intermedle w th y e natives or Savages
286 DOCUMENTS RELATING TO THE
w tb in the Countrjes lands Islands. Territory 8 seas, and p r e-
cincts aforesajd by way of trade or Comerce in merchan-
dize or otherwise w th out the speciall license and Consent of
the sajd Thomas Temple first had and obteined ; And wee
ffurther will and Doe by theise p r sen ts expresly forbid the
sajd Thomas Temple that he Doe no 1 in any wise give
license to any Person or Persons so to trade as aforesajd
who are no 1 or shall no 1 be in Amity w th vs and this Comon
Wealth And moreouer If any person or persons, shall trade
or goe abou* to trade w th in any the bayes Riuers Lakes Seas
or Coasts of the sajd Countrjes or Territorjes w th out the
Ijcense and Consent of the sajd Thomas Temple as aforesajd
Then wee doe heereby. Give full powe r and Authorise vnto
him the sajd Thomas Temple, and any the office's and
Souldjers as he shall Imploy vnde r him the Shipp 8 Barcques.
boates and other Vessel Is goods and merchandizes of any
pe r son or persons, there being and so trading or going about
to trade w th the Natives and Savages, aforesajd or any of
them contrary to this ou r Coinand 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 r t to the bennefitt of the for ts ffortifficacons
souldiery and other publicque vses there w th out any Accomp*
to be Rendered to vs. or ou r Successo rs and w th ouD any
trouble or question for the same by way of Accon or other-
wise in New England or elswhere And ffurthe r wee will and
by theise p'sen 18 Graunt for vs and ou r successo" that in case
of any opposicon or Resistance in the p r emisses 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 rs and Souldje r s
marriners and seamen as shall be Imployed. vnde r him to
fight w th kill and slay, the persons so opposing or resisting
and to seize, take sincke or burne theire shipps. Barcqes
boates or Vessells so tradeing or Going about to Trade w th
TERRITORIAL HISTORY OF MAINE. 287
the natives and Savages aforesajd w th in the Countrjes Seas
and Territories atoresajd or any of them w th out such licence
and Consent as aforesajd And wee doe by theise p'esen 48 for
vs and ou r Successo give and Graun* vnto the sajd Thomas
Temple ffull powe r and Authoritje in Case of sicknes.
absence or other emergent cause from time to time to make
and Ordeyne by writting Vnder his hand and scale any fitt
and discreete person his Deputy Leftennant or Gouerno r
vnder him And wee heereby also Authorize and Impowe r
the sajd Thomas Temple to doe and execute all and euery
such further Lawfull Act and Ac te thing and things as shall
or may tend or conduce to the setling and establishing of
ou r Gouernmen' in those parts and the Inhabitan 18 and peo-
ple thereof in peace and quietnes, and for Advancing of
trade and Comerce there & as shall be found most fitt and
necessary and beneficiall for the Honor of vs. and theise
nations, and the Good and welfare of ou r people Given
vnde r ou r Signett at ou r Palace of Westminster the seven-
teen 111 day of Septembe r In the yeare of ou r Lord one
thousand Sixe hundred fifty Sixe And Sealed w th 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 th a scale Doth Verbatim Agree w th y e
origin all Comission w cb I Doe testify
Johannes Emans No* Pub c<u
1657
6 July 1657.
Entred & Recorded in the book of Records for y e County
of Suffolke in New England at the request of Capt Thomas
Breedon & Agreeth Ve r batim w th the originall Copie aboue
Attested as Attests *
Edward Rawson Recorde r
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 northernmost
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 r 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," L, folios
78, 79; and Maine Historical Society, "Collections,"!.,
TERRITORIAL HISTORY OF MAINE. ^ 289
292-294, where it was first published by William Willis
from the York records.
The text adopted is that of the " Massachusetts Records,"
which is an authentic 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 obtayne the pres-
ence & helpe of any of the asistants of the gouernment, as
occasion from tjme to tjme 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, Esq, M r
Robert Jordan, M r George Cleaue, M r Henry Watts, & M r
Frauncis Neale comissioners for the yeare ensuing, invested
w tb full power, or any three of them, for the trjall of all
cawses (w th out a jury) w u 'in the libertjes of Scarborough
& Falmouth not exceeding the value of fiffty pounds, &
euery one of the sajd comissioners 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, somons, & executions, if neede require, &
haue power to examine offenders, & comitt to 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 if they judge
VOL. I. 20
290 DOCUMENTS RELATING TO THE
needefull, to binde offenders to the peace & good behaviour,
or to solemnize marriage, according to la we. Any three of
the comissioners haue also power to receive in all such per-
sons living w th in our Ijne 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 e 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 th stand-
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 th 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, being so 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 comissioners of Scar-
borough & Fal mouth, M r Henry Jocelyn or M r Robert
Jordan are to be one of the three ; for Saco & Cape Porpus,
Cap? Nicholas Shapleigh to be one ; for Wells, M r 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 particular geu tn , M r Henry Joselyn, M r
Robert Jordan, Cap? Nicholas Shapleigh, M r Edward Rush-
worth, or M r Abraham Preble, or either of them, shall
TERRITORIAL HISTORY OF MAINE. 291
haue magistratticall power throughout the whole county of
Yorkshire for this yeare ensuing, vntill others are chosen
& sworne in theire places ; and the County Courts from
tjme to tjme haue power to graunt & renew licenses for
ordinary s for selling of wine & strong water, & for keeping
of houses entertajnment, according to la we.
5. And whereas henceforth there will be neede of more
associats for County Courts then formerly, wee doe giue
power & order, that there shall be fiue chosen yearely,
whereas there were 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,
THO: WIGGIN,
EDW : RISHWORTH.
The Court, having pvsed this retourne of the comission-
ers appointed to setle y e gouernment in y e eastern parts,
doe approove thereof, & thankefully accept theire pujnes &
endeavors therein, & order it shall be recorded, & the bill
of charges, w ch is on file, & amounts to forty fower 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 first 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 MAINE. 293
have growne upp, especially in matters of trade manufac-
tures and navigation, in w ch these kingdomes have been
famous in all ages ; Wee have taken into our princely con-
siderac6n the present state of affayres in relac6n to the trade
and cOmerce of our owne 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 cheife imployment
and maintenance of our people ; Nature by a happie scitua-
tion and by a bountifull accomodac6n 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 recdmend 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 bee 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 England, our right trustie
and right weJbeloved Cousin and Councellor Thomas Earle
of Southampton Lord Treasurer of England [and others]
... to bee a standing Councell of Trade, to take into
their considerac6n the Trade & Navigac6n of this kingdome,
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 regulac6n and benefitt of Trade
and Navigac6n as shalbe offered 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 Cdmission. 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
infonne or assist the sayd Councell for the better under-
standinge and discovery of the matters c6mitted 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 consultac<5ns and debates into
any resolution or proposition w ch they shall judge to bee for
the regulac6n and advancement of trade manufactures navi-
gac6n or any other publique good relateing thereunto, they
may and are hereby directed and required to p r sent and
certifie the same their opinion and advice to us for our
TERRITORIAL HISTORY OF MAINE. 295
fu [r]ther considerac6n and deterniinac6n. AND because soe
good and laudable service may the more effectually be
carried on, Wee doe hereby authorize our said Comrn to
nominate and appoint such a Secretary, Clarks, Messengers
or other usefull attendants and to pay unto every such per-
son as they the sayd Councell shall assigne thereunto out
of our Exchequer by warrant 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 reluteing to the
sayd Councell or the service thereof, shall not in the whole
exceed the summe of one thousand pounds yearely. AND
wee doe hereby further require the sayd Commissioners 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 c6rnission and the instruc-
c6ns therein conteyned, or w ch are annexed thereunto, or
any further mstruccdns w ch shall from tyme to tyme 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 r 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 -in^i
NOVEMBER 6 L yL '
^Sources.
The original indenture made between the " General Court
for the Jurisdiction of Plymouth " and Antipas Boyes and
others, % c ^l ei 27 G , 1661, is in 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 g c ^ r be r 2 ?> 1719. It is found in "York Deeds,"
IX., folios 226-228. 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. Edward Ballard, are in the
archives of the Maine Historical Society.
The text adopted is that printed in " York Deeds."
Text.
This Indenture of y e Twenty Seventh day of Octob r Anno
Domini One thousand Six hundred Sixty & One made be-
tween y e General Court for y e Jurisdiction of Plymouth in
NewEngland in America in the behalfe of y e s d Collony on
y e One p* And Antipas Boys Edw d Tynge Thomas Brattle
And John Winslow of y e Town of Boston in the County
of Suffolk in y e Jurisdiction of y e Massachusets in New
TERRITORIAL HISTORY OF MAINE. 297
England Afores d Merch 18 on y e Other part Witnesseth that
Whereas our Late Soveraign Lord King James for y e
Advancem 1 of A Collony plantation in this Country Called
or known by y e Name of New England in America by his
highness letters Pattents under y e Great Seal of England
bareing date At Westminster y e third day of Novemb r in y e
Eighteenth year of his highness reign of England &c did
give grant & Confirm unto y e R l Hon ble Lodowick L d Duke
of Lenox George Late L d Marquess of Buckingham James
Marquess Hambleton Thomas Earle of Arundel Robert
Earle of Warrwick S r fferdinando Gorges Knight And
divers others whose Names Are Expressed in y e s d Letters
Pattents & their Successo r that they should be One body
polotick & Corporate perpetually Consisting of forty psons
<&c a And further Also of his Special Grace Certaine Knowl-
edge & Meer Notion did give grant & Confirm unto y e s d
president & Council And their Successors forever und r the
reservations Limitations & Declarations in y e s d Letters pat-
tents Expressed all that part & portion of y e s d Country
Now Called New England in America &c a Together Also
with all y e firm land Soyles grounds &c As by y e s d Letters
Pattents doth more Largely Appear, whereupon y e s d Coun-
cill by vertue & Authority of y e s d Late Maj tys Letter Pat-
tents And for & in Consideration that William Bradford
And his Associates for this Nine years have lived in New
England Afores d And have there Inhabited & planted a
Town Called by y e Name of New plymouth at their own
proper Cost & Charges &c And upon other Considerations
As is more Largely Expressed in a deed under y e s d Coun-
cills Seale bareing date y e thirteenth day of Jan ry in y e fifth
year of y e reign of Our Late Soveraign Lord Charles y e
first by y e grace of God King of England Scotland france
& Ireland Defender of y e faith &c a Annoq, Domini 1629
Have given granted bargained & Sold Enfeofled Aliened
298 DOCUMENTS RELATING TO THE
Assigned and Set over unto y e s d W m 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 e North
& y e river Comonly Called Narraganset Towards y e South
as by y e s d Charter may more fully Appear And whereas y e
s d Councill in Consideration that y e s d W m 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 may Sub-
sist As Also that they may be Encouraged y e better to pro-
ceed in So Pious a work w ch may Especially Tend to y e
propagation of religeon & y e Great Increase of trade to his
Maj tys realms & Advancem* of y e Publick plantation did
give grant bargaine Sell Enfeoffe Allott Assigne & Set over
unto y e s d W m Bradford his heirs Associates & Assigns All
that tract of land or part of New England in America afores d
which lyeth within or between And Extendeth its Selfe from
y e utmost Limits of Cobbaseconte Al s Conaseconte which
Adjoyneth to y e river of Kenebeck Al s Kenebeckick Towards
y e Western Ocean & a place Called y e falls At Nequamkick
in America Afores d And y e Space of fifteen English miles on
both Sides s d river Comonly Called Kenebeck river And All
y e s d river Called Kenebeck river that lyeth within y e s d Lim-
its & bounds Eastward Westward Northward and Southward
& All lands grounds Soyles rivers tradeing ffishing heridttm* 8
& profits whatsoever Scittuate lying & being Ariseing hap-
pening or Accrewing or which shall happen or Accrew in or
within y e s d Limits or bounds or Either of them Together
with free Ingress Egress & regress with their Boats Shal-
lops & other vessells from y e Sea Comonly Called y e West-
ern Ocean to y e s d river Called Kenebeck & from y e s d river
to y e s d Western Ocean./ Hereupon y e s d Court & Collony
of New plymouth by vertue & Authority of y e s d deed
TERRITORIAL HISTORY OF MAINE. 299
granted to them by y e Councill Afores d for & in Considera-
tion of y e Sum of four hundred pounds Starling to us in
hand paid by y e s d Antipas Boyes Edw d Tynge Thomas
Brattle & John Winslow Wherewith we do Acknowledge
o
Our Selves Satisfied Contented & fully paid & thereof & of
Every part & parcell thereof Exonerate Acquit and dis-
charge y e Afores d Antipas Boyes Edw d Tying Thomas Brat-
tle & John Winslow them their heirs Ex rs Adm rs & Assigns
forever by these presents Have freely & Absolutely bar-
gained Alienated and Sold Enfeoffed & Confirmed And by
these p r sents do bargaine Sell Enfeoffe & Confirm from us
y e s d Collony & Our heirs to them y e s d Antipas Boyes Edw d
Tynge Thomas Brattle & John Winslow & their heirs &
Assigns forever All those our lands lying & being in y e
river of Kenebeck bounded As followeth viz 1 All that our
Tract of Land in America which Lyeth in or between &
Extendeth from y e Utmost bounds of Cobbaseconte Al 8
Comaseconte which Adjoyneth to y e river of Kenebeck Al 8
Kenebeckick towards y e Western Ocean And a place Called
y e falls in Nequamkick in America Afores d And y e Space of
fifteen English Miles on both Sides y e s d river Comonly
Called Kenebeck river And all y e s d river Called Kenebeck
river that lyeth within y e s d Limits & bounds Eastward
Westward Northward & Southward & Also All land grounds
Soyles rivers Tradeing ffishing heriditam ts & profits whatso-
ever Scittuate lying & being Ariseing hapening or Acrew-
ing or which shall hapen or Accrew in or within y e s d Limits
or bounds Together with free Ingress Egress & regress
with Ships boats Shallops or other vessells from y e Sea
Comonly Called y e Western Ocean to y e s d river Called
Kenebeck & from y e s d river to y e s d Western Ocean As
Also All y e lands on both Sides y e s d river from Cushena
upwards to Weserunscut bought by us of Munguin Al 8
Matahameada As Appears by a deed bareing date Aug 81 y e
300 DOCUMENTS RELATING TO THE
Eighth One thousand Six hundred forty & Eight And Con-
sented unto by Essemenosque Agadodemagus & Tassuck
Chief men of y e place & proprietors thereof To Have & To
Hold y e Afores d lands lying & being in y e river of Kenebeck
bounded as afores d And Also y e Afores d Lands on both Sides
y e s d river from Cushena upwards to Weserunscut Together
with All y e grounds Soyles rivers tradeing fishing heridit-
am ta & profits benefits & Priviledges thereunto belonging or
Accrewing or which Shall hapen or Accrew in or within y e
s d Limits or bounds or Either of them to y e s d Antipas
Boyes Edvv d Tynge Thomas Brattle & John Winslow to
them & their heirs & Assigns forever thes d premisses with
All our s d lawfull right in y e lands Abovementioned Either
by Purchase or pattent with All & Singular y e Appurte-
nances priv Hedges And Imunitys thereunto belonging to
Appurtaine to them y e s d Antipas Boyes Edw d Tynge
Thomas Brattle & John Winslow to them & Every of them
their & Every of their heirs & Assigns forever to be holden
of his Maj ty his Manor of East Greenewick in y e County of
Kent in free And Comon Soccage And not in Capite Nor
by Knights Service by y e rents & Services thereof & thereby
due & of right Accustomed Warranting y e Sale thereof
Against All People whatsoever that from us or und r us y e
s d Collony of New Plymouth or by our Lawfull right &
Title might Claime Any right & Title thereunto/ To and
for y e performance of y e premisses We have hereunto
Affixed y e Seal of Our Governm* this Twenty Seventh of
Octob r One thousand Six hundred Sixty And One
Tho Prince Governo r
Signed Sealed & Deliv-
ered the {fifteenth day
of June Anno Dom. ^ J
1665
TERRITORIAL HISTORY OF MAINE. 301
This Deed is Recorded According to Order p me Nath 1
Morton Secr y of the Court for y e Jurisdiction of New
Plymouth
Recorded According toy 6 Original Octob r 22 d 1719.
p Jos : Hamond Reg r
LXVIII.
COMMISSION TO FRANCIS CHAMPERNOON AND
OTHERS, BY FERDINANDO GORGES.
JUNE 21 i /./.j
JULY 1 ' 1664
Sources .
The commission to Francis Champernoon and others,
Jf y e 2 J, 1664, 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,
306-315.
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 r Lord Pro-
302 DOCUMENTS RELATING TO THE
prietor of the Province of Mayne in New England in
America send Greeting. Whereas our late Sovereign King
Charles the First of blessed memory by his Charter Royall
under the Great Seal of England bearing Date the Third
Day of April 1 in the Fifteenth Year of his Reign did grant
& confirme unto S r Ferdinando Gorges Knight Dec d & unto
his Heirs & Assigns for ever all that Part & Portion of Land
in New England in America which by the s d Letters Patents
is bounded by the Rivers of Pascataway & Sagadahok the
s d Rivers being included with the Extent of One Hundred
and Twenty Miles up into the Main Land with severall
Islands adjacent to the s d main Land & the Rivers & Shores
thereof as also the Islands of Capawick & Nantican near
Cape Codd w ch Island of Capawick is since called Martins
Vineyard all w ch Premisses are by the s d 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 d Lands to the s d S r Ferdinando Gorges his Heirs &
assigns for ever, But also the perpetuall Government thereof
saving only the Faith & Allegiance to the Crovvne of Eng-
land by w ch Charter is also granted to the s d S r Ferdinando
Gorges, all the Powers, Rights, Franchisses, Immunities,
Royalties & Priviledges w ch 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 & Immunities in such large & ample
Manner as gave Testimony of a singular Favour in his s d
Majestic to the s d S r Ferdinando Gorges as by the s d Charter
Respect being thereunto had may & doth at Large appear.
And whereas upon the Decease of the s d S r Ferdinando
Gorges the Right, Tytle & Interest of the s d Province did
lawfully descend & come unto John Gorges Esq r Eldest
Sonne & Heire of the s d S r Ferdinando Gorges. And
whereas upon the Decease of the s d John Gorges the Right
TERRITORIAL HISTORY OF MAINE. ' 303
Title & Interest to the s d Province did lawfully descend and
come unto me the s d Ferdinando Gorges only Son & Heire
of the s d John Gorges. Now Know yee that I the s d Ferdi-
nando Gorges reposing Trust & Confidence in my loving
Friends Capt. Francis Champernoon neer Braboat Harbour,
Henry Josslin of Black Point, John Archdale, Robert Jor-
dan of Spurwinck, Thomas Purchas of Pegipscott, Francis
Neale of Casco Bay, Francis Hooke of Saco, Henry Watts
of Blew Point, Edward Rishworth of Gorgiana, Joseph
Bowles of Wells, Francis Raynes near Braboat Harbour,
Robert Cutts of Kittery & Thomas Withers of Pascataway
Gentlement all Inhabitants & Residents within the s d Prov-
ince have constituted & appointed & by these Presents do
constitute & appoint them the s d Capt. Fran. Champernoon
Hen. Josslin John Archedale Robt. Jordan Tho. Purchas
Fran. Neale Francis Hooke Hen. Watts Edw. Rish worth
Jos. Bowles Fran. Raynes Robt Cutts & Tho. Withers to
be during my Will & Pleasure my Deputies & Comissioners
for the Government of the s d Province hereby empowering
them or the maj r Part of them, or the Major Part of the
Survivors of them to do & execute all such Authorities &
Powers as by ye s d Letters Patents are to be done &
executed by my Lieutenant or Lieutenants Deputie or
Deputies.
Provided that in all such their Actings they proceed
according to the Charter aforementioned, & the Instructions
herewith sent & by me signed & sealed & according to such
further Instructions as they shall from Time to Time receive
from me, hereby ratifying & confirming all w ch shall be
lawfully done by my s d Deputies or Comissioners in Pursu-
ance of this my Authoritie. Provided alwaies & my Intent
& Meaning is that as soon as any other Comission being
hereafter signed & sealed by me my Heirs or A&signes 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 d 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, Reg r
LXIX.
EXTRACTS FROM THE GRANT OF PEMAQUID TO
JAMES, DUKE OF YORK, BY CHARLES
II. , 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
TERRITORIAL HISTORY OF MAINE. 305
of Stirling, conveyed Long Island to the Duke of York in
1663, the principal negotiator was the Earl of Clarendon,
whose daughter the Duke of York had married. It is
believed that in transcribing the bounds from the charter of
Alexander, which had been lent for that purpose, the earl
included the description of the St. Croix and the Pemaquid
country, thereby securing to his 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, Earl of Stirling, and other heirs-
at-law of Henry the last Earl of Stirling, in 1760, for 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., 186-189.
The original patent marked "Patent Roll, 16 Car., II.,
Part 8, No. 6," 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 Library 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 Regents of
the University on the Boundaries of the State of New York"
(Albany, 1874), I., 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, 1661-
1668, 191, 192.
The text is found entire in Learning and Spicer, " The
Grants, Concessions, and Original Constitutions of the
Province of New Jersey" (Philadelphia, 1752), 3-8: John
Romeyn Brodhead, " History of the State of New York"
(New York, 1853), II., 651, 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 published, 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 Phirmey Baxter, editor, " Baxter Manuscripts,"
Maine Historical Society, " Documentary Series," IV.,
190-195.
The text adopted for extracts relating 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 England Scotland flVance and Ireland defender
of the flaith 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 I 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 betweene 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
TERRITORIAL HISTORY OF MAINE. 307
Martin Vinyards and Nantukes otherwise Nantukett To-
gether with all the lands Islands Soyles Rivers Harbours
Mynes Mineralls Quarries Woods Marishes Waters Lakes
ffishings hawking hunting and ffowleing and all other Roy-
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 smguler
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.
JUNE 23 -I^^K
JULY 3 l3b5 '
Sources.
The report of the " Kings Comissione r s for Setling the
affaires In New England," ;^ y e2 l, 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, page 306. A transcript from the origi-
nal report is in " Massachusetts Archives," III., 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 " (Hallowell, 1832), I., 416,
417 ; and by James Phinney Baxter, editor, " Baxter Man-
uscripts," Maine Historical Society, " Documentary Series,"
IV., 202-205.
Important documents, including the royal commission
issued & ll ? , 1664, are found in Edmund Bailey O'Callaghan,
editor, " Documents Relative to the Colonial History of the
State of New York" (Albany, 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 scene the seuerall Charters granted to S r
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 claime
vnto both by the heires of the said S r fferdinando Gorges,
& the said Corporation ; In which petitions they desire to
be taken into his Majesties i mediate 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 Cofnission vnder his great Scale 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 r s, & the Inconveniencies which thence
must neceassrily ensue, to the end they may be so ; wee by
TERRITORIAL HISTORY OF MAINE. * 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 Imediate protection & Gouernment,
And by the same power & to the end this province may be
well Gouernned, wee doe hereby nominate & constitute,
m r Fran : Champernoone, & m r Robert Cutt of Kittery,
m r Edward Johnson, & m r Edward Rishworth of yorke ni r
Samuell Whelewright of Wells, m r ffran : Hooke, & m r
William Phillips of Sacoe ; m r George Munjoy of Casco,
m r Henry Jocelyn of fola : point m r Robert Jordan of Riche-
mond Island, & m r John Wincoll Newgewanacke, Justices
of the peace.
And wee desire, and in his Majesties name require them
& euery of them to execute the office of a Justice of peace
within the Province of Maine, And wee heereby Authorize
& Impoure m r Henry Josslin, & m r 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 e peace :/
And wee hereby 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
Inhabitants of this province to yield obedience to the said
Justices, acting accordmg 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 r Gorges, as the Corporation of the Massachusets
bay, to molest any of the Inhabitants of this Province w th
their pretences, or to execute any Authority within this
Province vntill his Majesties pleasure be further knowne,
by virtue of their p r tended rights.
Given vnde r ou r hands & scales at Y"orke within the said
Province the 23 d Day of June in the seventeenth yeare of
the Reigne of our Soverraigne Lord Charles the 2 nd 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 ts to haue them forth comeing by this
time twelve month.//
Rob r t 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
Robet Carr
George Cartwright
Samuell Mauericke
A true Copy of this comission & oath aboue written tran-
scribed out of the original I & therewith Compared this 4 th
day of June : 1665 *
g Edw. Rishworth Re : cor :
1 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 k act of y commission's it it
considerable."
TERRITORIAL HISTORY OF MAINE. 311
LXXI.
ABSTRACT OF THE TREATY OF BREDA, BETWEEN
CHA.RLES II. OF ENGLAND AND
LOUIS XIV. OF FRANCE.
JULY 21/31, 1667.
Sources.
By the treaty made at Breda, July 21/31, 1667, between
Charles II. of England and Louis XIV. of France, Acadia
was resigned to France, and all claims which Cromwell had
established on the basis of royal charters to Sir William
Alexander were extinguished. February 17/27, 1667/8,
Charles II. issued a proclamation by which Pentagoet, St.
John, Port Royal, La Have, 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, " Corps Universel Diploma-
tique du Droit des Gens" (Amsterdam, 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 abstract 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 translation.
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 signing 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.
XI. 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 King of Great Britain shall in like manner
TERRITORIAL HISTORY OF MAINE. , 313
restore all that may have been taken by his arms from the
most Christian King.
XIII. Slaves taken from the English being willing to
return, shall be permitted; but if sold, not without refund-
ing the money.
XIV. Subjects of Great Britain serving the French for
wages, shall also have liberty 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 far as cape St. Vincent, and six months
beyond the line.
XVIII. If any new war 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, 1667.
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
George Chalmers, '* A Collection of Treaties between Great
Britain 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,
TERRITORIAL HISTORY OF MAINE. ' 315
and the foresaid Lords the States General, and their sub-
jects and inhabitants, cease and be abolished ; and that both
parties do altogether forbear and abstain 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 tracts, 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. . . .
XL 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 either'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
LXXIII.
ORDER FOR SUBMISSION OF THE PROVINCE OF
MAINE, BY THE GENERAL COURT OF MAS-
SACHUSETTS BAY.
MAY 27 i,.o
JUNE 6 lbb8 '
Sources.
By an order of the General Court for the submission of
the Province of Maine, Massachusetts resumed government
over Gorges's original and entire, province. After the report
of the King's commissioners in 1665 the order ot the Gen-
eral Court would seem, on its face, like an act of usurpation.
However, a timely gift of masts, " as a manifestation of
their loyalty and good affection," completely disarmed his
majesty of any suspicion 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 provide for their pence and welfare in all things ....
He shall be ready at any time to receive any of their just
desires and requests;" ' Colonial Papers," Vol. XXIIi.
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., 370,
371 ; it is also in James 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 comitted by his maj tys royall charter,
w th the free & full consent & submission of the inhabitants
of the county of Yorke, for sundry yeares did exercise gov-
ernmt ouer the people 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 tys interest,
w th 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 ty , 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 they 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 tys name, require
all and euery of the inhabitants there setled to yeild obe-
dience to the lawes of this colony, as they baue been orderly
published, and to all such officers as shall be there legally
stated by the authority of his maj tys royall charter, & the
order of our comissioners, 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 psent
summer the first Tuesday in July, at Yorke Toune, as haue
been formerly accustomed.
And for that end wee haue comanded 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 marshall 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 due observance whereof, w th
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.
Sources.
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 party during the recent war were to be
restored to the former proprietors. New Netherlands 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), L, 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), L, 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 inviolable 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 effect, 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 expiration 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.
TERRITORIAL HISTORY OF MAINE. 321
VII. That the treaty of Breda concluded A. D. 1667,
as likewise all other preceding treaties confirmed by that
treaty, be renewed and remain in full 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 due 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 fide* 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 9th 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 -\ an A
JUNE 6> 1674 '
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, 5Sjf e 2 6 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 th July, 1674, by Majo r
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 th day of May, 1674.
Boston, in New England.
Att a Generall Court, held at Boston,
27 th day of May, 1674. In pursuance
of an order at the Generall Court in Oc-
Jn Leueret. tOber ' 1673 ' ^ is rdere d, that Majo r
Thomas Clarke, M r Humphry Davy, M r
Richard Collecot, and Leiffi Thomas Gardiner, or any three
TERRITORIAL HISTORY OF MAINE. , 323
of them, whereof Majo r Thomas Clarke to be one, are fully
hereby impowred to repajre to Pemaquid, Capenawaghen,
Kennebeck, &c, or some one of them to the eastward, or
there or some one of those places, to keepe a Court as a
County Court, to give oathes to the constables there ap-
pointed, as also to appoint and impower meet persons,
inhabitants there, to such offices & places as farr as they be
w th in the Ijne of our patent, according to God and the
wholesome lawes of this jurisdiction, that so the way of
godlynes may be encouradged & vice corrected. And it is
hereby further declared, that the gentlemen aboue men-
tioned shall be and hereby are impowred to appoint Comis-
sion r s Courts for the ending of smale causes, which comis-
sioners shall haue magistratticall power in marrying such
as are duely 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 th standing.
By the Court.
EDWARD RAWSON, Secret
LXXVI.
EXTRACTS FROM THE GRANT OF PEMAQUID, RE-
NEWED TO JAMES DUKE OF YORK, BY CHARLES
II., OF ENGLAND.
JUNE 29 1 fi? ,
JULY 9' L
Sources.
The grant of lands, including Pemaquid, renewed to
James, Duke of York, J;j5, 1674, is nearly identical with
the conveyance of 1664/5. To remove any doubt of the
324 DOCUMENTS RELATING 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 highness 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 a conveyance of land " within y e bounds of New
Town in or Near Sagadehoc in y e County of Cornwall in y e
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, Albany, "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-lOti. An extract is in the
" Report of the Regents 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
Greeting; KNOW YEE, that wee for divers good causes and
consideracons, HAVE of our especiall Grace, certaine knowl-
edge and meer motion, GIVEN and granted, and by these
p re sents, for us, our Heirs and Successo rs 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 MAINE. . 325
of New England, begining at a certaine place called or
knowne by the name of S 4 Croix, next adjoyning to New
Scotland in America ; and from thence extending along the
Sea-Coast, unto a certaine place called Petuaquine or Pem-
aquid, and so up the River thereof, to the furthest head of
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 rs , Mines, Mineralls, Quarryes, woods,
Marshes, waters, Lakes, fishings, Hawking, Hunting &
ffowling; And all other Royalties, profits, Commodities
and Hereditam 48 , to the said severall Islands, Lands and
premisses, belonging and appertaining, w th their and every
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 re misses, or any part or parcel 1
thereof; And the Revercon and Revercons, remainder &
remaind, together with the yearly and other Rents, Rev-
enues and Proffitts of the p re 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 selfe at westm. the 29 th day
of June, in the 26 th 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.
Sources.
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^ ^.
The original commission is in the " New York Book of
Patents," I., 171. From that source it was printed in a
11 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 reprint.
Text.
JAMES Duke of Yorke and Albany, Earle of Ulster, & c
Whereas it hath pleased y e King's most Excellent Ma ty my
Soveraigne Lord and brother by his Lett rs Pattents to give
and grant unto Mee and my heyres and assignes all that
part of y e Maine Land of New England begining at a cer-
tain e place called or known by y e name of S l Croix next
adjoyneing to New Scotland in America and from thence
extending along y e sea Coast unto a certaine place called
Pemaquin or Pemaquid and soe up the River thereof to y e
furthest head of the same, as it tendeth Northwards and
extending from thence to the River Kinebequi and soe up-
wards by y e shortest course to y e River Canada northwards.
And also all that Island or Islands comonly called or
TERRITORIAL HISTORY OF MAINE. , 327
known by y e severall names of Matowacks or Long Island
scituate lying and being towards y e West of Cape Codd
and y e Narrow Higansetts abutting upon y e maine land be-
tweene y e two rivers there called or knowne by y e severall
names of Conecticut and Hudsons River together also w th
y e said river called Hudsons River and all y e land from y e
West side of Conecticut river to y e East side of Delaware
Bay, and also all those severall Islands called or knowne by
y e name of Martine Vynyards and Nantukes otherwise
Nantukett, together with all the Lands islands soiles rivers
harbours mines mineralls quarryes woods marshes waters
lakes fishings hawking hunting and fowling and all royal-
tyes and proffitts comodityes and hereditaments to y e said
severall islands lands and premisses, belonging and apper-
teyneing with their and every of their appurtenancies : To
hold y e same to my owne proper use and behoofe w th power
to correct punish pardon govern and rule y e inhabitants
thereof by my selfe or such deputyes comiss rs or officers as
I shall think fitt to appoint, as by his Ma ties said Letters
Pattents may more fully appeare. And whereas I have
conceived a good opinion of the integrity prudence ability
and fittnesse of Major Edmund Andros to be employed as
my Lieutenant there, I have therefore thought fitt to con-
stitute and appoint him y e said Major Edmund Andros to
bee my Lieut 1 and Governour within y e lands islands and
places atoresaid to performe and execute all and every y e
powers w ch are by y e said letters Patents graunted unto Mee
to be executed by Me my Deputy Agent or Assignes To
have and to hold y e said place of Lieutenant and Governour
unto him y e said Edmund Andros Esq r but dureing my will
and pleasure only, Hereby willing and requireing all and
every y e inhabitants of y e said lands islands and places to
give obedience unto him y e said Edmund Andros Esq r in all
things according to y e tenure of His Ma te Letters Patents.
328 DOCUMENTS RELATING TO THE
And y e said Edmund Andros Esq r to observe follow and
execute such orders and directions as he shall from lime to
time receive from myselfe. Given under my hand and
scale at Windsor this first of July 1674.
JAMES.
By command of His
Roy 11 Highness
Jo : WERDEN.
LXXVIII.
COMMISSION TO JOHN RHOADES FOR POSSESSION
OF ACADIA, BY THE GENERAL WEST INDIA
COMPANY.
SEPTEMBER 11/21, 1676.
Sources.
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 buccaneering expedition, was allowed to take posses-
sion in the name of the company.
The original ordinance is in the possession 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
XIII. , 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 original.
Text.
To ALL THOSE who shall see or hear these presents
GREETING :
KNOW, THAT WHEREAS, in the year 1674, Captain
JURRIAEN AERNOUTS, master of the frigate " The
Flying Horse," from Curasao, 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 WE, 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 by 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 may 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 Commission, to
330 DOCUMENTS 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.
OCTOBER 27 -i #7^
NOVEMBER 7' L
Sources.
The " appointment of the installation " of Cornelis Steen-
wyck by the directors of the privileged General West India
Company of the United Netherlands, g^ber 2 ?* ^ 76 g ave
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 been 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 paper 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
TERRITORIAL HISTORY OF MAINE. . 331
Dutch Conquest of Acadie and Other Historical Papers "
(Boston, 1889), Appendix XIII., 378-380.
The text adopted is that of De Peyster's translation from
the original.
Text.
APPOINTMENT OF THE INSTALLATION OF
CORNELIS STEENWYCK,
As GOVERNOR 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 be 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 diy and afterwards to sell them, so as he
shall think it best ; and, generally, to sustain and to main-
tain himself and his family, 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
TERRITORIAL HISTORY OF MAINE. , 333
to this, may place some one if be is a free-horn suhject
of our union in his office ; who, in name and authority,
moreover, with the title and a power as aforesaid, may take
possession of the aforesaid countries to establish himself
there; and further, to do and execute all those things
whereto STEENWYCK, 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 thereof it will be 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 Gorges 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 William
H. Whitmore, "A Bibliographical Sketch of the Laws of
the Massachusetts Colony from 1630 to 1686 " (Boston,
1890). In 1843 Mr. Francis Colley Gray, librarian of
the Boston Athenaeum, discovered a collection of manu-
scripts, together with "A Coppie of the Libberties of the
Massachusetts Collonie in New England [1641]." The
name of Joshua Hutchinson, on the inside of the last cover,
suggests that Governor Thomas Hutchinson made use of
his grandfather's volume, especially as several of the man-
uscripts are printed in his " Collection of Original Papers."
Mr. Gray printed the manuscripts in 1843, in the Massa-
chusetts Historical Society, " Collections," 3d Series, VIII.,
238-242. Extracts had been printed by George Chalmers,
"Political Annals of the Present United Colonies, from
their Settlement to the Peace of 1763" (London, 1780),
505-507.
The text adopted is that of Mr. Gray.
Text.
AT THE COURT AT WHITEHALL, THE 20th JULY,
1677.
PRESENT.
Lord Chancellor, Earl of Craven,
Lord Treasurer, Lord Bishop of London,
Lord Privy Seal, Lord Maynard,
Duke of Ormond, Lord Berkeley,
Marquis of Worcester, Mr. Vice Chancellor,
Lord Chamberlain, Mr. Secretary Coventry,
Earl of Northampton, Mr. Secretary Williamson,
Earl of Peterborough, Mr. Chancellor of the Exchequer,
Earl of Sunderland, Master of the Ordinance,
Earl of Bath, Mr. Speaker.
Whereas the Right honorable the Lords of the Commit-
tee for trade and plantations did, in pursuance of an order
of the 7 th 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, whereby 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,
TERRITORIAL HISTORY OF MAINE. ' 33?
that the said lands are in the possession of several other
persons not before us, whereupon we thought not fit to
examine any claims to the said lands, it being in our opin-
ion improper to judge of any title of land without hearing
of the Tertenants or some other person in their 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 there is just cause of complaint against the
Courts of Justice there for injustice or grievance.
We did in the presence of said parties 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 year 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 river 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 being 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 hereditaments 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 northward 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 lands 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, which patent was
surrendered afterwards and before 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 HISTORY OF MAINE. , 339
by the patent 4th Charles 1st, making the adventurers a
corporation upon the place.
As to the second matter, it seems to us to be very clear,
that the grant of the government 4th Charles 1st, extends
no further than the boundaries expressed in the patent, and
those boundaries cannot be construed to extend farther
northwards along the river Merrimack than three English
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 comprehend 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 imaginary lines or bounds. Other expressions
would (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 breadth laid upon the broader part ; but
the breadth respects the continuance of the boundaries by
the rivers, as far as the rtvers 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 patent of the same
15th Charles 1st to the Petitioner Gorges will be valid.
So that upon the whole matter we are humbly of opinion,
as to the power of government, that the respondents the
Massachusetts and their successors by their patent 4 Martii
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 aforesaid. 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
government as is granted them by the same patent within
the lands 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. CHICHELET,
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 differ 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 THE TREATY OF WESTMINSTER,
BETWEEN CHARLES II. OF ENGLAND AND THE
STATES GENERAL OF THE UNITED
NETHERLANDS.
MARCH 3/13, 1677/8.
Sources.
The treaty of defensive alliance 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
advantages they had gained in that region ; at the same
time it strengthened the claims of the English 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 of all the
Treaties of Peace, Alliance, and Commerce, between Great-
Britain and Other Powers, from . . . 1648 to ...
1783" (London, 1785), L, 213, 214.
Text.
I. THERE shall be sincere friendship, &c. between the
king and states.
II. There shall be a strict alliance, &c. between 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 another's extends to the maintainance of all their rights,
&G. 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
brine: things to an accommodation.
O O
VI. If the states be attacked, his Britannick Majesty
shall make use of all his power by sea and land to bring the
aggressor 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 exchanged within four weeks.
TERRITORIAL HISTORY OF MAINE. 343
LXXXII.
DEED OF THE PROVINCE OF MAINE TO JOHN
USHER, BY FERDINANDO GORGES.
MARCH 13/23, 1677/8.
Sources.
After the judgment of the Lords of Trade in favor of
Ferdinando Gorges as the only lawful owner of the Province
of Maine, Gorges soon entered into negotiations for the
transfer to Massachusetts of his newly established rights.
Although Stoughton and Bulkeley were then in England 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 Maine for
his natural son, the Duke of Mon mouth ; 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 by the Maine Historical Society,
"Collections," II., 264.
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 . . .
(printed 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,
THIS INDENTURE made the Thirteenth Day of March in
the Thirtieth Year of the Reign of Our Sovereign 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.
Annoq, Domini. 1677. Between Ferdinando Gorges of
Clewer in the County of Berks in the Kingdom of England
Esq r Son and Heir of John Gorges late of the City of West-
minster in the County of Middlesex Esq r Deceased who was
Son and Heir of S r 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 Twenty 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 from the Period of One
Hundred and Twenty Miles aforesaid to cross overland to
the One Hundred and Twenty Miles and, formerly reckoned
up into the Land from Piscataway Harbour through Newich-
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, Estrayes, Pyrates goods, Deodands, Fines, Arner-
ciaments, Wrecks, Treasure, Trove goods and Chattels of
Felony and Felons of themselves, Jura Regalia, Powers,
Rights, Jurisdictions Ecclesiastical Civil Admiral and Mili-
tary Priviledges Prerogatives Governments Liberties Jm-
munities Franchises Authorities Profits Preheminences and
Hereditaments whatsoever with their and every of their
Rights Members 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 r Ferdinando Gorges his Heirs and Assigns by
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 r Ferdinando Gorges done exe-
cuted or suffered to the Contrary) now is and Standeth
Seized of an Absolute perfect and Indefeasable 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
TERRITORIAL HISTORY OF MAINE. 347
and every part and parcel thereof, with their and every of
their Rights Members and Appurtenances 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 Jndemnified 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 Debts & 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 suffered by
the said Ferdinando Gorges or by the said John Gorges
late Father of the said Ferdinando Gorges, or by the said
S r 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 r 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 Ferdinando Gorges or John
Gorges Deced, or by from or under the said S r Ferdinando
Gorges either or any of them (except as before 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 Suffered 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
TERRITORIAL HISTORY OF MAINE. 349
Governments Franchises Hereditaments and Premisses with
their and every of their Rights Members and Appurtenances
unto the Said John Usher his Heirs and Assigns according
to the true Jntent and meaning of these Presents Be it by
Fine or Fines with Proclamations Recovery or Recoverys
Deed or Deeds inrolled, the Jnrollment of these Presents
Release Confirmation 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 reasonably devised advised or required : so as
no further or other Warranty or Covenant be therein con-
tained or imployed than against such Person and Persons
respectively, who shall be so required to make the same :
and so as such Person and Persons be not Compelled 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
O
& A Seal Append 1
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 Penner. John Phillips
Robert Humphreys. William Hawkins
350 DOCUMENTS RELATING TO THE
Irrotulatur in Memor and: Saci Doni Eegis Carol! Sedi
apud Westm (Vizt) inter Con? de Termio Parch d anno
tricessimo Rothe eg. pte Remendator ejus d 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.
Sources.
The deed of the Province of Maine to the Governor and
Company of Massachusetts Bay, by John Usher, March
15/25, 1677/8, followed 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 XI., 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 e
Thirty eth year of y e reign of Our Soveraign Lord Charles
TERRITORIAL HISTORY OF MAINE. 351
y e Second by y e grace of God of England Scotland ffrance
& Ireland King Defend r of y e faith &c a Annoq> Domini 1677
Between John Vsher of Boston in New England in America
Merch* of y e One part And y e Governo 1 " & Company of of
Massachusets Bay in New England of y e Other part Wit-
nesseth that y e s d John Vsher for & in Consideration of y e
Sum of One Thousand Two hundred and fifty pounds of
Lawfull English money to him y e s d John usher in hand
well & truely paid by y e s d Governo r at & before the Sealing
& Delivery of these presents y e rec* whereof y e s d John
Usher doth hereby Acknowledge & thereof & of Every part
thereof doth Absolutely Exonerate Acquit & discharge y e
s d Governo r & Company & their Successors by these pres-
ents hath granted bargained Sold released & Confirmed &
by these presents doth grant bargain Sell release & Confirm
unto y e s d Governo r & Company their Successors & Assigns
forever All that County Pallatine part purtorty or portion
of y e Maine land of New England Afores d Called or known
by y e Name of y e County or Province of Maine beginning
at y e Entrance of Piscattaqua Harbour & So to pass up y e
Same into y e river of Newichewanock & through y e Same
unto y e furthest head thereof & from thence Northwestward
till One hundred & Twenty Miles be finished & from Pis-
cattaway Harbours Mouth Afores d Northeastward Along y e
Sea Coasts to Sacadehock & up y* river thereof to Kyny-
begny river & through the Same unto y e head thereof &
into y e land northwestward untill One hundred & twenty
Miles be Ended being Accompted from y e Mouth of Saga-
dahock & from y e Perion of One hundred & Twenty Miles
Afores d to Cross over land to y e One hundred & Twenty
Miles End formerly reconed up into y e land from piscataway
harbour through Newichewanock river & Also y e North
halfe of y e Isles of Shoals Together with y e Isles of Capea-
wock and Nawtecan Near Cape cod As Also All y e Islands
352 DOCUMENTS RELATING TO THE
& Islets being within five Leagues of y e Maine All Along
y e Afores d Coasts between y e Afores* rivers of Piscattaway
& Sagadahock & All lands grounds places Soyles woods
Waters rivers lakes ports Havens Creeks & harbours to y e
s d to y e s d Province Limits & premisses or Any part thereof
belonging or in any wise Appurtaining or Accepted or being
part parcell Member thereof & Also All & Singular Roy-
altys ffishings Royall & other Minerals Mines of Gold &
Silver or other Mettal or Mineral whatsoever Waifs Estrayes
Pirates goods Deodands fines Amerciam ts wrecks Treasure
Trove goods & Chattells of ffellons & ffellons of themselves
Jura Regaliee powers rights Jurisdictions Ecclesiastical Civill
Admiral & Millitary priviled^es prerogatives Governm ts Lib-
ertys Imunitys franchises Authoritys profits preheminencies
& heriditam ts whatsoever with their & Every of their rights
members & Appurtenances happening growing Ariseing or
Accrueing or to be Exercised Extended or Enjoyed with in
y e s d Province Limits Coasts or other y e premisses or Any
part thereof with all other y e Lands Tenem* & heriditam ts
Royaltys & Jurisdictions whatsoever in New England in
America or Elsewhere in America Afores d of S r fferdinando
Georges Knight dec d John Gorges Esq r dec d & fferdinando
Georges Esq r or Either of them in As full & Ample manner
to all Intents Constructions & purposes As y e Same were
granted & Conveyed unto y e s d Jn Vsher & his heires & y e
revercon & revercons remainder & remainders rents Issues
Services and profits of All & Singular y e premisses & Every
part & parcell thereof And All y e Estate Title Interest
Equity trust Claime & Demand whatsoever of him y e s d
John Vsher of in & to y e premisses & Every part parcell
thereof And All y e Estate Title Interest Equity trust Claime
& Demand whatsoever of him y e s d John Vsher of in & to y e
premisses & Every part & parcell thereof. Together with all
Letters Pattents deeds Evidencies and writings Concerning
TERRITORIAL HISTORY OF MAINE. 353
y e premisses only or only Any part thereof To Have &
To Hold thes d County Pallatine Lands Tennement Jurisdic-
tions Governm ts {franchises heriditam ts & premisses herein
before Expressed and Intended to be hereby granted bar-
gained Sold & Conveyed & Every part & parcell thereof
with their & Every of their rights members & Appur cis unto
y e s d Governo r & Company their Successors & Assigns to
y e only use & behoofe of y e s d Governo r & Company their
Successors and Assigns forever Together with all Letters
Pattents Deeds Evidences & writings Concerning y e prem-
isses only or only Any part thereof & y e s d John Vsher for
himselfe his heirs Ex rs & Adm rs & Every of them doth Cov-
enant promiss & grant to & with y e s d Governo 1 " & Company
their Successors & Assigns by these presents that he y e s d
John Vsher Notwithstanding Any Act matter or thing by
him y e s d John John Vsher or any Claiming by from or under
him done Executed or Suffered to y e Contrary Now is &
Standeth Siezed of An Absolute perfect & Indefeazible
Estate of Inheritance in ffee Simple of & in y e s d County
Pallatine Land Tenements Jurisdictions Governm ts {fran-
chises Heriditam ts & 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 de term in y e
Same & Also that y e s d John Vsher for & Notwithstanding
Any Act or thing As afores d Now hath full power True
Title real Interest & Absolute Authority to grant & Convey
y e s d County Pallatine lands Tenements Jurisdictions Gov-
ernm* 8 {franchises Heriditam* 8 & premises & Every part &
parcell thereof with their & every of their rights Members
& Apurten ces unto y e s d Governo r & 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 e s d County Pallatine Lands
Tenem ts Jurisdictions Governm ts ffranchises Heriditam ts &
premisses hereby Conveyed or Mentioned & Expressed to
be hereby Conveyed At y e time of y e Sealing & Delivery
of these p r sents are & So At any time hereafter Shall
remaine Continue & be to y e s d Governo r & Company
their Successors & Assigns free & Clear & freely & Clearly
Acquitted discharged & Indempnified or otherwise Suffi-
ciently & Effectually Saved harmless of & from all maner of
former & other gifts grants bargains Sales Wills Entails
Mortgages rent Charges Arrearages of rent fines Amerciam ts
Statutes recognezances Judgra 18 Debts & Accompts to y e
Kings Maj ty 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 e s d John Vsher
or by Any other p r son or p r sons whatsoever Claiming by
from or under him or Any of them Excepting One Inden-
ture of Lease for y e premisses One Thousand years bareing
date the fourteenth day of this Insta 1 March One thousand
Six hundred Seventy Seven & Made or Mentioned to be
made between y e s d John Vsher of y e first part & fferdinando
Gorges of Clewers in y e County of Berks Esq r of y e other
part for y e Consideration therein Mentioned. And y e s d
John Vsher for himselfe his heirs Ex rs & Adm rs doth Cov-
ena' promiss & Grant to & with y e s 4 Governo r & Company
their Successors & Assigns by these presents that y e s d John
Vsher his heirs & Assigns & All & Every other p r 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 e s d County Pallatine Lands Tenem* 8
Jurisdictions Governm 18 ffranchises Heriditam ts & premisses
hereby Conveyed or Mentioned or Intended to be hereby
Conveyed & Every part & parcell thereof with their &
TERRITORIAL HISTORY OF MAINE. , 355
Every of their rights members & Appurtenances by from or
und r him y e s d John Vsher or any Claiming by from or
under him Except before Excepted) shall & will from time
to time & At all times hereafter dureing y e Space of Seven
years Next .Ensueing y e Date of these presents upon y e
reasonable request & At y e Cost & Charges in y e Law of y e
s d Governo r & Company their Successors or Assigns make
Suffer perfect and Execute or Cause to be made Suffered
perfected & Executed all & Every Such further & other
Lawful! & reasonable Act & Acts thing & things device &
O O
devices Conveyances & Assureances in y e Law whatsoever
for y e further better more Absolute & Effectual Surety &
Sure makeing of y e s d County Pallatine Lands Tenem ts Juris-
dictions Governments ffranchises heriditam ts & premisses
with their & Every of their rights Members & Appurte-
nances unto y e s d Governo r & Company their Successors &
Assignes According to y e True Intent & Meaning of these
presents be it by fine or fines with Proclamations recovery
or recoverys deed or deeds Inrolled y e Inrollm 1 of these
presents release Confirmation or otherwise or by all or As
many wayes or Means whatsoever as by y e s d Governo r &
Company their Successors & Assigns or their or Any of
ther Councill Learned in y e 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 e Same & So As Such person & psons be
not Compelled or Compel lable to Travail further for y e
Doing thereof than y e place of his or their Habitation. In
Witness whereof the partys Above Named to these present
Indentures have Interchangeably Set their hands & Seals y*
day & year first above written./
Signed Sealed & Delivered John Vsher ( seal )
356
DOCUMENTS RELATING TO THE
with these words/, with all other y e Land Tenem ts &
heriditam 18 royaltys & Jurisdictions whatsoever in New
England or Elsewhere in America Afores d of S r fferdinando
Georges Kn* dec d & John Georges. Esq r dec d & fferdinando
Gorges Esq r or either of them) Interlined between y e
Eighteenth & Nineteenth Lines) And these word Together
with all Letters patients deeds Evidences & Writings Con-
cerning the premisses Only or only Any part thereof Inter-
lined Also between y e Twentyeth & One & Twentyeth
lines of y e Within written Indenture & y e rasure made in ye
Seven & Thirtyeth And Eight & Tliirtyeth lines thereof
between y e Words or any of them & Excepting before y e
Ensealing & Delivery hereof in presence of us
William Stoughton
Peter Bulkeley
Butler Buggin
Robert Humphreys
_ Barth : Burton
Recorded in y e records in y e Secretarys Office in Boston
y e 12 th day of Dec r 1718
p J Willard Secret^
Recorded According to y e Original March 10 th 1718/9
p Jos. Hamond Reg r
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
TERRITORIAL HISTORY OF MAINE. 357
of Monmouth, necessitated some action on the part of Mas-
sachusetts that would insure protection of paramount rights
in the purchased possessions. To meet the emergency a
provincial assembly was arranged, and Thomas Danforth,
deputy-governor of Massachusetts, was appointed president
of the Province of Maine.
Extracts from " Records of the Governor and Company
of the Massachusetts Bay in New England," V., 263, 286,
287, will show the character of the new government.
Text.
[February 4/14, 1679/80.]
This Court, taking into consideration the necessity of a
speedy establishing a gove r ai t 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 ernpowred, to take order for selling
the sajd goQment, and appointing a praesident, w th justices
of the peace & other officers, as is directed in M r Gorges
patent, & to comissionate the same accordingly vnder the
seale of this colony ; and this to be in force vntil the next
Court of Election here, & vntill further order to be taken
by this Court therein. . . .
[June 4/14, 1680.]
To the inhabitants of Casco, w th in the Province of Mayne
Gent" & loving Friends :
Wee are informed that some disturbance hath been given
yow in yo r resetting, by the threatnings of some persons
whose practises cannot be warranted by his maj ties royall
charter, granted to S r Ferdinando Gorges, Kn 1 , 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 r 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 & improvement 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 tjes 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, GouV.
By the order of the Go(i)no r & Company of Y e Massachu-
sets Bay.
Boston, in New Engld, 4 June, 1680.
[June 11]
It is ordered, that M r Bartholomew Gidney, E$q>, Capl
Joshua Scottow, & M r Silvanus Dauis be a comittee to
mannage the affaires of the new plantation granted at Casco
Bay, and are heereby irnpowred, for the bennefit of sajd
plantation in building a fort, to sell one hundred pounds
worth of land w th in the sajd province.
The Court, hauing read the returne of our present hon-
no rd Dep 1 Gou)n r , Thomas Danforth, Esqj, praesident of the
Province of Mayne, & other gentlemen imployed 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 r s readynes to be
further serviceable in anything wherein wee may haue occa-
sion & himself opportunity so to doe.
TERRITORIAL HISTORY OF MAINE. 359
LXXXV.
THE WRIT OF QUO WARRANTO, BY KING
CHARLES II. OF ENGLAND.
JUNE 27 i r x q
JULY 7' l 5d '
Sources.
During the Gorges-Mason controversy it was evident
that there were schemes on foot to deprive Massachusetts
of the prerogatives she had so long exercised. When
Edward Randolph arrived with the writ of quo warranto
which the king issued S y e2 J, 1683, the blow had at last
fallen.
A proclamation, issued in July, assured the colonists that
the writ did not affect private interests, and that, on sub-
mission and resignation, the charter should be regulated
" in such manner as shall be for our service and the good
of that our colony ;" also that persons " questioned " must
maintain suit at their own charges ( Massachusetts
Records," V. 423).
Since the writ had failed to intimidate the pertinacious
people of Massachusetts Bay, a scire facias was issued and
the charter was cancelled by the high court of chancery
June 18/28, 1684. After the accession of James II. in
1685 an " Exemplification of the Judgment 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 contemporary manuscript in the possession
of the Massachusetts Historical Society, " Collections,"
Fourth Series, II., 246-278.
A Latin transcript of the quo warranto **y t was isued
out ag l the Gotino r & Company" 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 day 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 Aeries of documents.
The text is that of the printed " Records."
Text.
Carolus Se d us, Dej gra Angl, Sco e , Franc, & Hibnia,
Rex, Fidej Defense 1 ", sc vilibz London, salfon p r cipim & voft
q d venire fa c cora nob a dje in Michis in tres sepfrn, vbicuncq,
tune fuifii in Angl, Symon Bradstreet, nup de London, Af,
Thoma Danforth, de eadm, Ar Daniel Gookin, de eadm,
Ar, Joliem Pinchen, de eadm, Ar, Willjam Stoughton, de
eadm, Ar, Petru Bulkley, de eadm, Ar, Nathaniel Salten-
stall, de eao!m, Ar, Humfrid Davy, de eadm, Ar, Wilfi
Broune, de eadm, Ar, Samuel Nowell, de eadm, Ar, Jonem
Hull, de eao!m, Ar, Jacobu Russell, de eadm, Ar, Petru
Tylton, de eadm, Af, Bartholo Gidney, de eadm, Ar,
Samuel Apleton, de eadm, Ar, Roberta Pyke, de eadm, Ar
Daniel Fisher, de A , yeom, Joliem Wajte, de eao!m, yeom,
"Wjllm Johnson, de eadm, yeom, Edm Guinsey, de eadm,
yeom, Elisha Cooke, de eadm, Gen, Elisha Hutchinson, de
eadm, inercator, Edm Batter, de eadm, yeom, Laurentin
Hamond,de eadrn, yeom, Josepher Dudley, de eadm, Ar,
Joliem Richards, de eadem, Ar, Willia Torrey, de eadm,
yeom, Joliem Faireweather, de eadm, yeom, Anthony Stod-
der, de eadm, yeom, & Daniel Turell, Sen, de ea<3m, nigdr
fferrar, al respondent nob quo warranto clamat fcere, vtj et
gaudere dines liberta?, priuileg et franches infra ciutf; Lon-
don, & libta? ejusdm ac in omibz locis extra ciutf; London
p r d, infra hoc regn Angl, nee non in qua pluf partibz
tfnsmarm, extra hoc regn Angl unde impetit sunt es*heat
ibi hoc bre.
THOMA JONES, mil apud Westm, xxvij die Junij,
ann regni uri xxxv.
ASTRY
TERRITORIAL HISTORY OF MAINE. 361
LXXXVI.
DEED TO RICHARD WHARTON OF LANDS ON THE
ANDROSCOGG1N RIVER, BY WORUMBO AND
OTHER SAGAMORES.
JULY 7/17, 1684.
Sources.
The deed of lands on the Androscoggin River to Richard
Wharton by Worumbo and other Sagamores, July 7/17,
1684, 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 by the Purchase claims
but gave an " enlargement to the westward." By sale from
Shapleigh Wharton also became the owner of Merriconeag
and Sebascodegan. Although the Indians denied any trans-
fer to the Kennebec Company, they always acknowledged
the validity of the conveyance to Wharton. Depositions
state that possession was formally given i u uj ust 2 f by " turffe
and twig and bottle 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 1689,
Captain 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 1814 that the General Court of Massachusetts termi-
nated the long controversy concerning the *< Upper Falls."
The Pejepscot " 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 " York 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, Topsham,
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 whome these Presents shall come/
Know yee that w r 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 Sagamores & 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 of all 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 aboue sd falls down to Pegipscott & Merry
meeteing bay, to bee bounded by a South West & North
East lyne, to runne from the vpper part of sd falls to Kene-
becke Riuer, & all the Land from Maqcooit to Pegipscott, &
to hould the same breadth where y e Land will beare 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, & small poynt Harbour, the Land &
riuer & ponds interiacent, Contajneing y r in breadth, about
three English Miles more or less ; And w r as wee are well
Assured, that Majo r Nicho 8 Shapleigh In his life tyme, was
both by purchase from the Indeans Sagamores, our Ances-
tors, & Consent of M r Grorg 8 Comissio r possessed, & dyed
seized of the remajnder of all y e Lands, lijng & Adioyneing
vpon the Mayne, & all the Yslands between the sd small
Poynt Harbour, & Mayquoit aforesd, & Prticularly of a
TERRITORIAL HISTORY OF MAINE. 363
Necke of land called Mereconeeg, & an ysland Called
Sebascoa Diggin, & w r as the relicts & hey res of sd Mr
Purchase, & Majo r Nichol 8 Shapleigh haue reserved accomo-
dations for thejr seuerall familys, sould all the remainder
of the aforesd Land, & Ysland, to Richard Wharton of
Boston M r chant & for as much as the sd Mr Purchase did
Personally possess, Improue, & Inhabitt, at Pegipscott
aforesd, neare the Center or middle of all the Lands aforesd,
for neare fiuety yeares before the late unhappy warr, And
w r as the sd Richard Wharton hath desired an Inlargement
vpon, & between the sd Androscoggan & Kenebecke riuer,
& to Incorage the sd Richard Wharton to Settle an English
Town, & promote the Salmon & Sturgeon fishing, by which
wee promiss o r selues great supplies, & reliefe : Therefore
& for other good Causes, & considerations, & especially for
& In consideration of a ualewable suiiie receiued from the
sd Wharton In M r chandize, Wee Warumbee Durunikine,
Wihikermett Weedon, Domhegon Neonongasett, & Nim-
banewett, Cheife Sagamores of all the aforesd & other
Riuers, & land Adiacent, haue in Confirmation of the sd
Richd Whartons Title, & propriety, fully freely & abso-
lutely giuen granted ratify M, & 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 & by sd Riuer of Pegypscott, & from the
other side of Androscoggan Falls, all the Land from the
flails to Pegypscott, & Merrimeeting Bay to Kenebecke, &
towards the Willderness to bee bounded by a South West &
North East lyne to extend from the vpper part of the sd
Androscoggan vppermost ffalls, to the sayd River of Kene-
becke, And all the Land from Maquoit to Pejepscott, & to
runne & hould the same breadth w r the Land will beare it,
unto Atkines his Bay In Kenebecke Riuer, & Small poynt
Harbo r In Cascoe Bay, & all Yslands In Kenebecke, &
364 DOCUMENTS RELATING TO THE
Pejepscott Riuers, & merrimeeteing Bay and with in y e
aforesd bounds, espetially the aforesd Necke of Land called
Merecaneeg And Ysland called Sebascoa Dig^ine, togeather,
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 & sould, enfeoffed
& Confirmed, And do by these Presents, giue grant bargan
& Sell, alliene, Infeoff & Confirme to him the sd Richd
Warton all the Land lijng fiue Miles aboue the vppermost
of the sayd Androscoggan flails, In breadth & lengh houlden
the same breadth from Androsco^irin falls to Kenebecke
OO
Riuer, & to bee bounded, by the aforesd south west & North
East lyne, & a Parcell of lands at fiue Miles distance to runn
from Androscoggin to Kenebecke Riuer as aforesd/ togeather
with all the profetts priuiledges, Commoditys, benefitts, &
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 & Nimbanuett, do couenant & grant to &
with the sd Richard Wharton, that wee haue in our selues
TERRITORIAL HISTORY OF MAINE. 365
good right, & full pouer thus to Confirme & conuay the
premisses and that wee our heyres & successors shall & will
warrant, & Defend the sd Richd Wharton, his heyres &
Assignes for euer, In the peaceable inioyment 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 r 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 r 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 Preiudice any of
the Inglish Inhabitants or planters, being at Present Actu-
ally possessed, of any part of y e Premisses, & legally
deriueing right from sd Mr Purchase, & o r Ancestors, In
witness hereof Wee the afore named Sagamores, well under-
standing the purport here of, do set to o r hands & seales,
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 of Warurabee/ The Marke \^ of Darumkine
his \ / his \
seal I V sealy
of Weeden Domhegon/
The marke of (seal )Mihikermett
of Nehonongassett
The marke of Numbanuett/
his marke & f_
366
DOCUMENTS RELATING TO THE
Sealed & Deliuered
in the Presence of
John Blany/
James Andrews/
Henery Walters/
John Parker/
Geo: ffellt/
Memorandum that vpon the day of
the date with in written Deede,
the seuerall Sagamores whose
names are subscribed y r to &
Inserted therein, did at the Fort
of Pejepscott, deliuer quiett &
peaceable possession of the Prem-
isses, with Liuery & 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 Thorn 8
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 &
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/
John Parker/
Taken vpon oath this 19 th of July
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 II. OF ENGLAND.
OCTOBER 8/18, 1685.
/Sources.
The commission of James II. of England, October 8/18,
1685, was only the sequel to the writ of scire facias by
which the High Court of Chancery had cancelled the " Col-
ony Charter" of 1628/9. The government of a large part
TERRITORIAL HISTORY OF MAINE. 367
of New England was now established on a royal basis, with
Joseph Dudley first president of the Council.
A copy of the commission, with the autograph signature
of Edward Randolph, is among the "Trumbull Papers"
presented to the Massachusetts Historical Society by the
descendants of Governor Jonathan Trumbull of Connecticut.
It was first printed entire from that source 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., 195-197.
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 Newharnpshire
and Maine, and the Narraganset country, otherwise called
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 royal pleasure in this
behalf, we do hereby nominate and appoint our trusty and
well-beloved subject, 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 d
Wharton, Wate Winthrop, Nathaniel Saltonstall, Bartho.
Godney, Jonathan Tyng, John Usher, Dudley Bradstreet,
John Hinkes, Francis Champernoon, Edward Tyng, John
Fitz Winthrop, and Edward Randolph, 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 preside 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 pro-
ceedings as may best suit with the constitution of our Ter-
ritory and Dominion aforesaid, and for the better establishing
TERRITORIAL HISTORY OF MAINE. 369
our authority 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 [1685].
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, 1686.
Sources.
The commission to Sir Edmund Andros, June 3/13, 1686,
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 1674, Andros hud 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 Historical Society, " Collections," 3d
Series, VII., 139-149; and again from manuscript by Peter
Force, compiler, " 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, III., 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 efiectuall 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
Commonly 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
TERRITORIAL HISTORY OF MAINE. 371
our Territory and Dominion aforesaid AND our will &
pleasure is, that you the said Sr. Edmund Andros having
(after your arrival I in New-England, and publication of
these our Letters patents) first taken the Oath of Allegiance,
together with the Oath of duly executing the office of our
Capt Generall and GOVR. in Chiefe of our said Territory
and Dominion, (which 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 Reigne 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 Members and Appurtenances whatsoever,
TOGETHER 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 PEMAQUID TO NEW
ENGLAND, BY JAMES II. OF ENGLAND.
SEPTEMBER 19/29, 1686.
Sources.
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 4 ' Order " is in the office of the secretary of state at
Albany, " 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 in*
of our territory & dominion of New England our will &
TERRITORIAL HISTORY OF MAINE. 373
pleasure is that you forthwith Deliver or cause to be deliv-
ered our said ffort & Country of Pemaquid with the Greate
Gunns ammunicon & stores of warr together with all other
Vtensills & appurtennces belonging to the said ffort i nto the
hands of our trusty & welbeloved S r Edmund Andross
Knight our Captaine 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
O
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 th day of Sept
1686 & in the second yeare of our Reigne.
By his Ma ties Comand
SUNDERLAND Cl.
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, November 16/26, 1686,
guaranteed " peace, good correspondence, and neutrality 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
expressly declared that no breach between the two kings in
Europe should affect their respective 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 " Me*moires des Commissaires du Roi et de
ceux de sa majesttj Britannique, sur les Possessions & les
Droits respectifs des deux Couronnes en Arne'rique " (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 in "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 Jen-
kinson, " A Collection of all the Treaties of Peace, Alliance,
and Commerce, between Great-Britian and Other Powers,
from . . . 1648 to ... 1783" (London, 1785),!., 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 Jenkinson, 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.
TERRITORIAL HISTORY OF MAINE. 375
VII. Ships happening to be wrecked, or endangered,
shall receive all friendly assistance.
VIII. If so many ships be 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 refitting.
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 of 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 fifeen hundred pounds security.
XIV. Neither side shall protect pirates, but both be
obliged to punish 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 punished as a pirate.
XVI. The most Christian King's subjects shall have
liberty to take tortoises in the island of Caymanes.
XVII. Differences 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
eight months.
XCI.
TREATY OF WHITEHALL, BETWEEN JAMES II. OF
ENGLAND AND LOUIS XIV. OF FRANCE.
DECEMBER 1/11, 1687.
Sources.
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 effect.
The original manuscript of the provisional treaty is in
the Dep6t 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 Koi et de ceux de sa
Majeste Britannique, sur les Possessions & les Droits re-
spectifs des deux Couronnes en Ame'rique " (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
TERRITORIAL HISTORY OF MAINE. 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 1 the said
King of Great Brittain, the R* Honorable Robert Earle of
Sunderland President of His Ma tys Councill and one of the
Principall Secretaries of State, Charles E : of Middleton
also Principal Secretary of State, and Sidney Lord Godol-
phin Lords of his Mat ys Privy Councill, and on the other
side the said most Christian King hath thought fitt to appoint
the Sieur Barollan D'Amoncourt 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 affairs
for the execution of the Treaty concluded the W 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 ^ 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 r or Command 1 " 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 J T day of December
1687.
SUNDERLAND P. (L S) BARILLON DAMONCOURT (L S)
MlDDLETON (L S) DUSSON DE BOUREPAUX (L S)
GODOLPHIN (L S)
TERRITORIAL HISTORY OF MAINE. 379
XCII.
EXTRACTS FROM COMMISSION TO SIR EDMUND
ANDROS, AS CAPTAIN-GENERAL AND GOV-
ERNOR-IN-CHIEF OF NEW ENGLAND,
BY JAMES II. OF ENGLAND.
APRIL 7/17, 1688.
Sources.
The commission to Sir Edmund Andros, issued April
7/17, 1688, was merely an enlargement of his previous
commission. By the new orders his jurisdiction included
under the name of New England, all the continent of Amer-
ica from forty degrees north latitude to the St. Ooix, with
the exception of Pennsylvania and Delaware.
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 r Edmund Andros Kn 1 Greeting :
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 appointed 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 neighboring Colonies
of Road Island and Connecticut^ 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 r 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 land circuit continent precincts and limits
in America lying and being in breadth from forty degrees
of Northern latitude from the Equinoctiall Line to the River
of 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-
merly by the name and title of our territory and dominion
of New England in America.
TERRITORIAL HISTORY OF MAINE. 381
And for your better guidance and direction Wee doe
hereby require and command you to do & execute all things
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 appointed you under our signet and sign
manual or by our order in our Privy Councill and according
to such reasonable 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 pleasure is that you the said S r 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 shall 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 r
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 authorityes 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. [1688.]
By Writ of Privy Seal
CLEKKE.
382 DOCUMENTS RELATING TO THE
xcm.
GRANT OF LANDS AT MT. DESERT TO SIEUR DE LA
MOTHE CADILLAC, BY THE GOVERNOR
AND COUNCIL OF CANADA.
JULY 23 -, C o Q
AUGUST 2' J 5 '
Sources.
The grant of the place called " Donaquec" to Sieur de la
Mothe Cadillac, Ugnst 2 !* 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.
TERRITORIAL HISTORY 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 Mountdesert, 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 affixed 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.
INDEX.
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.
Assignment of the Plymouth
Charter to Bradford, 256.
BANNATYN CLUB, the, 58, 76, 82,
181, 189.
Black Point Patent, 137.
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, 88.
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.
Compact, 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 FOB RESIGNATION
of the Great Charter, 196.
Deed destroyed in pastry cooking
152.
Deeds, of lands to Wharton, 361;
of Province of Maine to Mass-
achusetts, 350; of Province of
Maine to Usher, 343; to Brown
of Pemaquid, 80.
Deposition concerning the Pejep-
scot Patent, 177, 178.
Duke's Territory, 305, 814.
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
G ORGEAN A extinguished, 274.
Grants, Agamenticus, 159, 160 ; for
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.
H
HEMP Flax, 52.
INDENTURE 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, Angush, 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, 133, 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 Government of
Province of Maine, 356.
PAPERS, Baxter, 276, 306, 308;
Carew, 61, 74; Con way, 72, 74;
Masere, 86; New England, 257;
Pejepscot, 133, 178, 361; Tre-
lawny, 137, 151, 152; Usurpa-
tion, 369; Winthrop, 133.
Patents, Acadia to De Monts, 1, 2;
to Alexander, 189 ; Black Point,'
137; Country called Canada,
189; Gates and others, 7; the
Great, 191, 201; Laconia, 98,
99; La Tour, 269; Levett, 73;
Muscongus, 125, 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 River,
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, 208,
222.
Puritan and Episcopalian struggle
in Maine, beginning of, 267. *
RATIFCATION TO STIRLING, Earl
of, 181, 182.
Recollects, 172.
Report in favor of provincial
government in Maine, 307.
Richmond's Island, grant of, 162.
S
SEIZIN, rare instance of, 361.
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.
TAR, 52.
Timber, 63.
Treaty, of Aix-la-Chapelle, 259;
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 COMPANY, 53, 328, 329,
330, 331, 332.
Writ of Quo Warranto by Charles
II, 359.
YORKSHIRE COUNTY created, 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, 166, 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.
Allerton, 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, WALTEB, 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, 258, 259, 277,
297, 298.
Bradley, Mathew, 211.
Bradshaw, Richard. 150, 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
Buckingham, Marquis of, 26, 27, 65,
99, 110, 144, 204, 297.
Buggin, Butler, 356.
Bulkeley, Peter, 334, 343, 356, 360,
368.
Burton, Barth, 356.
Busley, John, 160.
CADILLAC, SIEUR DE LA MOTHE,
382, 383.
Calvert, Lord, 19, 61, 62.
Cammock, Margaret, 137.
Thomas, 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, 26, 27.
Carteret, G., 340.
Cartwright, George, 310.
Chalmers, Charles, 314, 319.
Champernoon, Francis, 246, 249,
251, 301, 303, 309, 368.
Champigny, Jean Bochart de, 382,
384.
Channing, Edward, 13.
Charles I., 76, 77, 82, 86, 87, 93, 96,
99, 116 r 121, 125, 127, 134, 142,
143, 152, 153, 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, 356, 359, 360, 365.
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, \ George, 73, 211, 215,
Cleeves, / 216, 217, 218, 289/
Clerke, , 381.
Coen, General de, 176.
Coga, Thomas, 142.
Collecot, Richard, 322.
Collingwood, Edward, 53.
Cooke, Elisha, 360.
Coppyn, Col. Thomas.
Corstiaenssen, Henrick, 13.
Cotton, John, 143, 145, 146, 148,
149, 150.
Josiah, 108.
Coventrie, Sir Thomas, 19, 335.
Cox, William, 81.
Cradock, 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, 276.
Cutts, Robert, 303, 309.
D'AMONCOURT, BAROLLAN, 377,
378.
Danforth, Thomas, 357, 358, 360.
Darumkine, 363, 365.
D'Aulney, Charles de Menou,
Signeur de Charnizay, 259,
260, 261, 262, 263, 264, 269,270.
Madam, 269.
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, 46, 61, 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, 26, 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, Richard, 133.
Dumont, M. Jean, 93, 278, 311, 314,
375.
DuMonts, Pierre du Guart, Sieur,
1,2.
Duresrae, 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.
FAIBWEATHER, 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, J 148, 149, 150.
Thomas, 322.
Gareoch, Lord, 59.
Gates, Thomas, 7, 9, 21, 26, 27.
ff J' I Bartholmew, 358, 360,
irianey, > .Q
Godney, )
George III., 181.
Gilbert, Raleigh, 7, 10, 21, 26, 27.
Giles, Sir Edward, 26, 27.
Glover, Ralph, 160.
Gooche, Dr. Barnabe, 74, 75.
Godfree, \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.
Thomas, 137, 248, 249, 250, 251,
252, 253, 255.
Graves, Thomas, 160.
Gray, Francis, 335.
INDEX.
391
Green, S., 86.
Griffith, George, 143, 145, 146, 148,
149, 150.
Guinsey, Edm., 360.
Guy, Edwin, 143, 145, 146, 148, 149,
150.
HACKLUYT, RICHARD, 7, 9.
Haddington, Viscount of, 26, 27.
Heate } Sir Warwick > 26 27 '
Haliburton, Thomas C., 1, 281.
Hamilton, Marquis of, 26, 53. 65,
99, 110, 144, 185, 186, 188, 198,
297.
Hammond, Joseph, 301, 356.
Laurentin, 306.
Haymon, )
Harris, Benj., 86.
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, ) Edward, Lord, 294; see
Hyde, } also Clarendon, Earl of.
Hilton, Edward, 120, 121, 125.
Hinckley, Thomas, 108.
Hincks, ) T , oco
Hinkes! f John 368 '
Holderness, Earl of, 75.
Hongers, Hans, 13.
Hooke, Francis, 303, 309.
William, 246, 249, 251.
Hough, Franklin B., 372.
Howard, , 307.
Rowland, John, 116.
Hubbard, William, 133, 134.
Hull, John, 360.
Humfrey, John, 89, 90, 91.
Humphreys, Robert, 349, 356.
Hutchins, Thomas, 90, 91.
Hutchinsou, Elisha, 360.
Joshua, 335.
Thomas, 86, 308, 335.
Hyde, see Hide.
INCE, JONATHAN, 273.
J
JAMES I., 6, 7, 15, 18, 20, 21, 46, 57,
58, 65, 76, 96, 110, 117, 122,
134, 138, 143, 153, 166, 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.
Jenkinson, Charles, 279, 311, 312,
319, 341, 343, 374.
Jenness, John Scribner, 98, 143.
Jocelyn, ) Henry, 137, 140, 149,
Joslin, [ 157, 246, 249, 251,
Josselin, J 289, 290, 303, 307.
Sir Thomas, 245, 246, 247, 248.
Isaac, 90, 91.
John, 80, 165.
William, 360.
Jones, Thoma, 360.
Jordan, Robert, 152, 289, 290, 303,
309.
K
KIES, JAN CLEMENTSSEN, 13.
Kinge, John, 142.
L.
LACHFORD, 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, 213, 260,
261, 269, 270, 280, 282.
Claude, de St. Estienne, 57, 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, 65, 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, 368.
Masterson, Nathaniel, 318.
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, 26, 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.
Nehonongassett, ) qR o 0*4 o/>r
Neonongassett, \ 363 ' 3b4 ' 3C5<
Newman, Matthew, 81.
Nicholes, John, 340.
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.
PALAIRET, JOHN, 58.
Parker, James, 121.
John, 366.
William, 7, 10.
Pelgrom, Paulus, 13.
Pellicorne, Gaspar, 330, 334.
Pembrook, Earl of, 26, 27.
Pendleton, Brian, 276.
Penner, Richard, 349.
Pery, Richard, 91.
Peterborough, Earl of, 335.
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, ) T , oan Q
Pynchon, } John, 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.
Popham, 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.
RAZILLY, ISAAC DE, 172, 173, 212,
260.
Richardson, Amos, 244.
Rainsford, Rich., 340.
Robert, 160.
Randolph, Edward, 359, 367, 368,
369.
Rattcliffe, , 62.
Rawson, Edward, 132, 287, 319, 323.
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, 266.
Edward, 133, 134, 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.
S
SAPFORD, MOSES 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, Capt. Ephraim, 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, 273.
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, Nathaniel, 259.
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.
Sweertssen, Berent, 13.
Symons, Samuel, 276, 291.
TELLIEB, , 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, 152, 154, 155,
156, 157, 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, 80, 81.
Usher, John, 343, 344, 346, 347, 349,
350, 351, 352, 353, 354, 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, Cornelis, 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,
99, 108, 110, 121, 125, 127, 134,
135, 136, 137, 144, 158, 160, 164,
172, 267, 297.
Warumbee, 363, 364, 365.
Watts, Henry, 121, 289, 303.
Way, Eleazer, 366.
George, 177.
Weedon, 363, 364, 365.
Werden, Jo., 328.
Wharton, Richard, 361, 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, 9.
Winnington, John, 201.
Winslow, Edward, 116, 277, 278.
John, 296, 299, 300.
Winter, John, 151, 152, 162, 180.
Winthrop, John, 86, 133, 162, 177,
243, 244.
John Fritz, 368.
Stephen, 244.
Wate, 368.
Winton, Bishop of, 19.
Withers, Thomas, 303.
With, Jan de, 13.
Withington, 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, 91.
Wroth, Sir Thomas, 26, 27.
Y
YEAMANS, FBA., 172.
York, Duke of, 292, 304, 305, 306,
319, 323, 324, 326, 372.
Young, Sir John, 88, 89, 90.
Z
ZOUCH, SIB EDWARD, 26, 27.
INDEX OF PLACES.
ACADIA, ) 1, 2, 3, 7, 126, 128, 129,
ACCADJA, j 130, 175, 176, 212,
259, 260, 264, 269, 270, 272, 278,
280, 281, 282, 283, 311, 312, 322,
328, 329, 330, 331, 382, 383, 384.
Accomenticus, see Agamenticus.
Acconquesse, 258.
Acockcus, 258.
Acquessent River, 258.
Africa, 65, 56, 316.
Agamenticus, 266, 276.
River, 159, 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, 363.
B
BACCALOES, 60.
Barbadoes, 137.
396
TERRITORIAL HISTORY OF MAINE.
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, 180, 288, 303, 309.
River, 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.
La Heve, 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 Neck, 258.
Charles River, 88, 337.
Charlestown, Maine, 80.
Cloven Cape, 129, 283.
Cobbasconte, )
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.
Dover, 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, 116, 117, 121, 122, 128, 138,
142, 143, 152, 153, 156, 166, 176,
178, 190, 192, 194, 195, 196, 203,
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, 366, 367, 369,
370, 373, 379.
Etechemines, Country of the, 59.
Exeter, England, 8.
FALLS OF PASCASSOCKES, 147.
Falmouth, 73, 288, 289, 290.
Fountainbleau, 6.
Fort Royal, 176.
St. John, 57.
St. Louis, 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, \ fio
GATHEPE, / c
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, 83.
Maine, 6.
H
HAGUE, THE, 15, 56, 311, 321.
Hamburg, 279.
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, 65, 77,
82, 87, 96, 99, 116, 117, 121, 122,
128, 138, 142, 143, 152, 153, 166,
196, 203, 204, 205, 209, 215, 223,
232, 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, 298, 299, 300, 304, 306,
322, 323, 325, 326, 344, 351, 362,
363, 364.
Kent, County of, 34, 66, 68, 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-
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, 334, 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, 356, 357, 358, 359, 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,
Merriconeag,
Mereliquish, 283.
Merrimac River, 67, 88, 97, 101,
197, 273, 334, 337, 338, 339.
Merrymeeting Bay, 362, 363, 364.
Mescorus, 281.
Middlesex County, 136, 344.
Middleton, 377.
Mills River, 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, ) fil
Musrongruss, \ 81 *f ' gf 127 >
Muscontus, J 281 ' 283 -
River, 81.
INDEX.
399
N
NAEMSKECKETT, 258.
Namebeck, 186, 187.
Nantican, see Nautican.
Nantucket, 306, 325, 327.
Narragansett, 327, 367, 380.
River, 111, 112, 186, 298, 306, 325.
Narrow Higansett, 327.
Naumkeck River, 193, 206.
Nautican, 224, 302, 345, 351.
Navarre, 2, 260, 269.
Nawtican, see Nautican.
Nequamkick Falls, 112, 298, 299.
Netherlands, the, 222, 341.
Newbury, 133.
New England, 15, 17, 18, 20, 21, 25,
26, 27, 30, 33, 34, 35, 39, 40, 41,
42, 45, 46, 47, 48, 49, 61, 63, 65,
66, 72, 74, 86, 87, 88, 89, 90, 91,
92, 96, 97, 98, 99, 101, 106, 109,
110,111, 112,114,116,117,118,
119, 120, 121, 122, 123, 124, 125,
126, 127, 128, 132, 134, 138, 139,
140, 143, 144, 146, 151, 152, 154,
158, 160, 161, 164, 166, 167, 169,
172, 177, 178, 180, 183, 184, 185,
189, 190, 191, 192, 193, 194, 196,
197, 202, 203, 204, 206, 207, 209,
210, 215, 216, 219, 221, 223, 245,
251, 257, 258, 259, 262, 273, 274,
277, 278, 281, 282, 283, 286,296,
297, 298, 302, 306, 307, 322, 325,
326, 328, 334, 336, 344, 346, 351,
356,359, 361, 367, 369, 370, 371,
372, 373, 379, 380.
New Foundland, 84, 382.
New France, 14, 172, 173, 174, 175,
176, 212, 213, 260, 269.
Newgewanache, \ qftQ
Newichwanock, / ' U9
River, 187, 193, 206, 208, 210, 223,
224, 344, 345, 351.
New Guinea, 55.
New Hampshire, 64, 95, 97, 143,
191, 192, 193, 205, 207, 208, 367.
New Harbor, 81.
New Netherlands, 12, 14, 319, 330.
New Plymouth, see Plymouth,
Mass.
New Scotland, 57, 82, 129, 132, 182,
188, 190, 306, 325, 326.
New Somersetshire, 214, 215, 216,
217.
New Town, 324.
New York, 314, 324, 326, 367, 372
380.
Nickatay, 258.
Nonsuch River, 137.
North Virginia, 259.
Nova Albion, 62.
Nova Scotia, 7, 57, 60, 76, 78, 79,
80, 83, 84, 109 r 259, 269, 281,
282, 283, 329, 330, 331.
Palatine, County of, 222, 225, 302,
344, 346, 347, 348, 351, 353, 354,
355.
Paris, 265, 272, 278, 281, 384.
Pascataway, see Piscataqua.
Passamaquoddy Bay, 13.
Passataquack, see Piscataqua.
Patuckquett River, 258.
Pejepscot, ) 150, 151, 177, 178,
Pagiscot, 243, 244, 303, 361,
Pegypscott, ) 362, 363, 365, 366.
River, 64, 177, 363, 364.
Pemaquid, 80, 81, 165, 168, 188, 190,
304, 305, 306, 322, 323, 324, 325,
326, 372, 373.
Falls, 81.
River, 168, 326.
Pennsylvania, 379, 380.
Penobscot, 269.
River, 127, 330, 331.
Pentacost, 283.
Pentagoet, 175, 260, 269, 278, 280,
281,311.
Pesumpsca Falls, 215.
Petuaquine, 306, 325.
Piedmont, 92.
400
TERRITORIAL HISTORY OF MAINE.
Piscataqua, ) 143, 146, 147, 161,
Pascataway, J 178, 179, 187, 206,
265, 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, 256, 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
RANGELEY LAKE, IS.
Redunes, \ lft -
Reddownes, / ]
Rhode Island, 108, 380.
Richmond's Island, 155, 162, 163,
309.
River of Canada, 60, 83, 84, 85, 102,
188, 190, 306, 325, 326, 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.
8
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, 134, 135, 189,
192, 207, 223, 224, 302, 308, 344,
345, 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, 1 12.
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,
117, 121, 122, 128, 129, 130, 131,
138, 142, 143, 152, 153, 166, 181,
196, 203, 204, 205, 209, 215, 223,
292, 297, 304, 306, 310, 324, 344,
351, 360, 367, 370, 379.
Sebascoa Diggin, ( Ofi1 ,, o,,,,
Sebascodiggin, '} 381, 868, 364.
Seriqui, Country of the, 59.
Setquin Island, 62.
Sharpenhow, 160.
Small Point Harbor, 362, 363.
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.
Stogummor, 215.
Straits of Anian, 55.
of La Maire, 55.
of Magellan, 55.
Stratton's Island, 137, 164.
Suffolk County, 98, 132, 282.
Surequois, Country of the, 59.
Suza, 92.
Swackadock, ) 11Q , 2 o
Swanckadocke, \ 119 ' L
River, 119, 123.
TERRA NOVA, 55.
Thornton, England, 131.
VERMILLION SEA, 84.
Virginia, 6, 7, 8, 9, 10, 11, 14, 15,
16, 19.
Virginias, the, 262, 263, 264.
W
WARWICK HOUSE, 160.
Watertown, 273.
Wells, 208, 265, 266, 290, 303, 309.
Weserunscut, 299, 300.
West Acadia, 260.
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, )73, 80, 193, 205, 208,
Yorkshire, \ 214, 222, 273, 274,
275, 288, 289, 291,317, 318.
F Maine Historical Society
16 Documentary history of
M33 the state of Maine
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