}>% ^ w <\ ^''^ ■^^ X °o e.c"^'' %o* "^.. .^" ^^^^ y- «:^ DOCUMENTARY HISTORY OF THE STATE OF MAINE VOL. VII CONTAINING The Farnham Papers 1603 — 1688 COMPILED By MISS MARY FRANCES FARNHAM Member of the Okbgon Historical Society and of 5«Hr3:TBEKl«Aii4ilSTORICAL SOCIETY , >$>^ RECEIVED VJ "^ FEB 15 1904 'U^lH^£lf?t®0^M^^^«^<^^^^^^^ SOCIETY, AIDED BY 50PBIAII0.at Patent, in 1620, until its surrender in 1635 [VI.- j there are but few State papers directly relating to , that did not emanate from that body. In no other .n of New England were so many grants conferred by the Great Council as within the limits of Maine, where from icrnorance, 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 ori-inal document itself, or an authentic transcript, has not been found, a minute to that effect is inserted from the Council records. Durincr the early Colonial period, not only Massachusetts Bay and New York ; the Dutch and the French ; Parliament ,d the King ; but Puritanism and Episcopacy, all struggled INTRODUCTION. XVll 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 [Cxxxm.-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 XVm 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 sovereio-n 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., CLXI.], 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 aflfords 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.], us 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 validit}^ 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 siarnificance 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 dilterenee is explained by the fact that the less archaic forni 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 comitalus, or suh 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 b}' 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 sundr}'' 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 diflScult to trace in the frequent use of maine as applied to " maine land," and " along the main." Individual character is often revealed by a study of the sources. Documentary evidence alone shows that both in politics and religion Sir Charles La Tour was a trimmer between Engla nd on the one hand and France on the other [XLVIII., LVI., LIX., LXIII.], while Colonel Tem- ple was uniformly loyal and so sincere that he was known as " honest Tom Temple." Such an estimate of these two commanders in Nova Scotia is corroborated by the " Calen- dar of State Papers." XXII 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 Shurtleft', 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. XXIII 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 of 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 tilled 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 territor}^ 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 Xxiv INTRODUCTION. is Still preserved, and with it u quaint index still tied as in olden time with a strip ot cloth. The other volumes are in excellent condition, and are open for consultation; eleven volumes, as well as a volume of " Maine Wdls," have been published under the direction of the Mame 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, [n 1816, when the county seat was removed from York to Alfred, all the records were deposited in the tire-proof rooms provided tor them. The special providence which has followed important manuscripts during so many detense- less years, when private malice or public intrigue otten defeated riohtful claims, which only recent discoveries have vindicated," proves that there are documentary roiuances quite as thrillino- as those of individual lives. The finding of the Ion-lost Trelawny Patent [XXX.] and the royal charter of New Hampshire are sufficient proofs ot the fit- ness of such a parallel. The object of this introductory sketch on the value ot 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 investioation teaches tar 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 estabhshed their first valid claims to lands within, or bordering upon, the State of Maine. The original patent, or a contemporary copy, is in the Bureau des Marines et Colonies in Paris. It was printed by Marc Lescarbot, " Histoire de la Nouvelle France" (Paris, 1612), 433-439 ; and by the same author, " Nouvelle Edi- tion" (Paris, 1618) ; also by Edwin Tross, 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 DOCUMENTS RELATING TO THE .An Historical and Statistical Account of Nova Scotia" (Halifax, 1829) I. Append|X 2^ 2^^^^^ .^ .^ g,,^„^l An abstract of the first tnglistttiai 1619-20; Purchas. " His Pilgrnnes " (London 162f • J^^^ ,. ^he another translation ,s^n^J^^.l\-7H,lwell, 1332) i. Ap- History of the State ol »i-""^ A ,y| jtj, .. a History of pendix I. 651-654 ; also ,n ^ "^ ^ ^^'^eadia " (Belfast, Belfast, with Introductory Remaiks on a. 1827), Appendix I. f "^' ' „„t„„„o,.ary English transla- Both the French and the ™n!^™P°'- ^ ^^° 1574-1621, tions in British State Pape.^, t^^'^^^^ j^^l ^0 Huguenot Vol. I. No. 10 are ™ Charles \\B». , ^ 3^-^.3^,^ Si"2txt"ted *t';rhel ex'tracts fronr the patent of Acadia. 7'ext. r.^ nf and Kino-e of ffrance and Navarre, .rr: rd=:rth! .ord of Mon. one^f th. ordinary Gentlemen o.orchan^.g^^^^^^^^^^ greatest care and abo., a ^^^ ,„„,,„« it in :;-:S::;ryr;ln.andsp.e^^^^^^ tend and a,nplifie ~ ^^ ^ J/ge of . long'thne , nds -'; -•^;„tl;r ond,,on of the lands and ter- i formed of th^s^na on ^^^^^ . ^^ ^^. ^^^^ ^.^^ ^ ntones ot La Caaia, mo ^esolucon w'" wee have ,er zeale, and devout and constant .esoln^on taken with the helpe and --'--^,f;/„tr, states to ~tre:::;:"i:h:S^^^^ cause the peopit vel o-ion, to u ^.,a Atlipists without laitn or leiijsi^ » pnte time barbarous, Atheists w _ ^ 1 ^-^ PKvicjtiinitv, and to the belieie auu \j^ be conuerted to Chnstianity, ^^^^ ^^^^ sion of our faith and rehgion, -^;;/;7;^^.^ ,,,, of a .,„orance and — ^^ ^^^^^^^ longe time knowen by the reiacon Pylotts, Merchants and others, who of longe t,m 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 habitacon of those countries, for the great and apparant profit w'^'^ may bee drawen by the greater frequenta^on and habitude w'^'' may be had with the people that are found there, and the Trafficke and commerce w^*^ may bee, by that means safely treated and negotiated. Wee then for these causes fully trustinge on your great wisedome, and in the knowledge and experience that you have of the qualitie, condicon and situaeon of the said coun- trie of La Cadia : for the divers and sundry naviga9ons, voyages, and frequentacons that you have made into those parts and others neere and borderinge vpon it. Assuringe our selues that this our resolu^on and intention, beinge com- mitted vnto you, you will attentively, diligently, and no less couragiously and valorously execute and bring to such per- feccon as wee desire : Have expressly appointed and estab- lished you, and by these presents signed with our owne hands, doe committ, ordaine, make, constitute and establish you, our Lievtenant generall, for to represent our person in the countries, territories, coasts, and confines of La Cadia. To begin from the 40 degree to the 46. And in the same distance, or part of it, as ftirre 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 coramaund in peace, rest and tranquillity as well by 4 DOCUMENTS RELATING TO THE sea, as by land : to ordaine, decide and cause to be executed all that W^" you shall iudge fitt and necessary to bee done, for to maintaine, keepe and conserue the said places vnder our power & authority l)y 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 aive Ires, titles, and such provisoes, as shalbee necessarie Ind accordinge to the occurrences of affaires your selfe with the aduice of wise, and capable men, to prescribe vnder our crood 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, <.ood amity correspondency, and communica^on with the Lid people and their princes, or others, havinge power or commaund over them : To entertaine, keepe and carefully to obserue, the treatises, and alliances wherein you shall cove- nant with them ; upon condicon that they themselves per- forme the same of their part. And for wont thereof to make open warre against them, to constraine and bring them to such reason as you shall think needfull, for the honour, obedience and service of god, and establishment, mainte- nance and conserua^on of our said authoritie amongst them : at least to haunt and frequent by you, and all our subiects with them, in all assurance, libertie, frequenta9on, and com- munica^on there to negotiate and trafficke lovingly and peaceably. To give and graunt vnto them fovours and priviledges, charges and honours, w- intire power above- said we will likewise and ordaine, that you have over all our said subiects that will goe in that voyage with you and inhabite there, trafficke, negociate and remaine m 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 por9ons thereof, to give and attribute vnto them such titles, honors, rights, powers and faculties as you shall see necessary, accordinge to the qualities, condi9ons 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^" you shall order and prescribe in the foresaid space oj the 40 degree to the 46 degree or otherwise, asmuch and as ftirre as maybee alonge the said Coast, and in the firme land. To make carefully to be sovght and marked all sorts of mines of gold and siluer, copper, and other Metalls and Mineralls, to make them to be digged, drawne from the earth, purified, and refined for to bee con- uerted into vse, to dispose accordinge as wee have pre- scribed by Edicts and orders, w°'' wee have made in this Realme of the profitt and benefitt of them, by you or them by whom you shall establish to that efi'ect, reseruinge vnto vs only the tenth peny, of that w<='^ shall issue from them of gold, silver and copper, leavinge vnto you that w'='^ wee might take of the other said Metalls and Mineralls, for to aide and ease you in the great expenses that the foresaid charge may bringe vnto you ; . . And to the end no body may pretend cause of ignorance, of this our intention, and to busie himself in all, or in parte of the charge, dignitie, and authoritie w^'^ wee give vnto you by these presents : We have of our certain knowledge, full power, and regall authoritie, revoked, sup- pressed and declared voide, and of none eflf'ect hereafter and 6 DOCUMENTS RELATING TO THE from the present and all other powers and Comissions, Itres and expedigons given and delivered to any person soeuer, for to discover, people and inhabite in the aforesaid extension of the said lands scituated from the said 40 degree to the 46, whatsoever they bee. And furthermore wee command and ordaine all our said oflacers 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 Royal! , 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 iurisdic^ons, powers, and precincts, seekinge, as m[u]ch as shall apperteiue vnto them, to quiet and appease all troubles and hinderance w"^ may contradict the same, ffor such is our pleasure. Given at ffountain-bleau the 8 day of November : in the yeare of our Lord 1603 : And of our Kaigne 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 r\(rhts to the region bordering on the Gulf of Maine. TEREITORIAL 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 bad 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 Concernins; 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 Orsfanic 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 Grates, and Sir George Somers, Knights, Richard HacMuit, Clerk, Prebendary of Westminster, and Edward- Maria Wing field, 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 our 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 JVortherly 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 Keligion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and TERRITORIAL HISTORY OF MAINE. 9 Worship of God, and may in time bring the Infidels and Savages, living in those Parts, to human Civility, and to a settled and quiet Government ; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well intended Desires : IV. And do therefore, for Us, our Heirs, and Succes- sors, GRANT and agree, that the said Sir Thomas Gates, Sir George 8omers, Richard HacMuit, 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 INliles 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 all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, 10 DOCUMENTS RELATING TO THE Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, di- rectly into the main Land by the space of one hundred like English Miles ; And shall and may inhabit and remain there ; and shall and may also build and fortify within any the same, for their better Safeguard and Defence, according to their best Discretion, and the Discretion of the Council of that Colony ; and that no other of our Subjects shall be permitted, or suiFered, 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 Bast 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 TraflBck 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. HI. GRANT OF EXCLUSIVE TRADE TO NEW NETHER- LAND BY THE STATES GENERAL OF THE UNITED NETHERLANDS. October 11/21, 1614. Sources. The Grant of Exclusive Trade to New Netherland, Octo- ber 11/21, 1614, by the States General of the United Netherlands is found in E. B. O'CaUaghan, 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'CaUaghan. 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" " OTantins; 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 ofHoorn, 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 diflereuces 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 w^e have found to appertain to the public service. Given under Our Seal, paraple and signature of our Secretary at the Hague the XF'' 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 Companj^ 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 iu the Public Record Office, Fetter Lane, London. The text adopted is Brodhead's certified transcript from the original for Edmund Bailey O'Callaghan, editor, "Docu- ments Relating to the Colonial History of the State of New- York " (Albany, 1853-87), III. 2-4. The petition has also been published bv 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 Majestic. The most humble peticon of yo"" Ma"^^ counsell for the second colonic, and other the adventurers in the Western partes of England for the plantacon in the North Partes of Virginia in America Maye it please yo^ most Excellent Majestic, Whereas it pleased yo"^ Ma"* by yo"" most gratious L"^" patentes bearing date the of Aprill in the fowerth yeare of yo'' Mat'" most blessed raigne to give lycence for the establishinge of two Colonies in Virginie in America, the one called the First Colonic undertaken by certaine no- ble men knightes and merchants about London ; the other caled the Second Colonic likewise undertaken by certaine knightes and merchants of the western partes ; by vertue whereof some of the western partes hath at their great charg and extreme hazard continewed to endeavour to des- cov"" a place fitt to entertaine such a designe, as also to find the meanes to bring to passe soe noble a worke : in the con- stant pursuite whereof it hath pleased God to ayde them w*^ his blessing soe far as, in the confidence of the contin- ewance of His Grace, they are resolved to pursue the same with all the power and meanes they are able to make, to His glorie, yo"^ ma*'''^ honour and the publique good of the country e. TERRITORIAL HISTORY OF MAINE. 17 And as it pleased yo"" ma"*' to be gratious to those of the first colonie iu enlarginge of the first patent two seav''all times with many privileges & immunities according to yo"" princely bountye, whereby they have bin incouraged in their proceedinges : Yo"" Peticoners doe in all humillitie de- sire that yo"" Ma"^ will voutchsafe unto them the like, that they maye w*"" more boldnes goe on as they have begun, to the satisfaction of yo'' Ma"^* most religious expectacon, w'** the alteracon onely of some few things & the additions here insueing. First, that the territories where yo"" peticoners makes their plantacon may be caled (as by the Prince His High- nes it hath bin named) New England, that the boundes thereof may be setled from 40 to 45 degrees of Northerly latitude & soe from sea to sea throusrh the maine as the coast lyeth, & that yo'' Ma** counsell residing here in Eng- land for that plantacon may consist of a President, Vicpres- ident, Treasurer, Secretary & other their associates, to be chosen out of the noble men & knights adventurers home about 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"' the Treasurer and Secretary or any two of them, to be assisted w'^ five or three others of the counsell shall think most conven- ient for that service ; wherby yo'" ma** most humble peticon- ers doth verily hope, by Gods holy assistance to settle their plantacon to the imployeing of many of yo"" Ma** Subjects and the content of all that are well disposed to the prosper- itie of yo"" Ma** most happie raigne. And soe yo'' Ma** most humble peticoners shalbe bownd (as in duty they are) to pray for all increase of glory & perpetuall happiness to yo'' Ma*'^ blessed posteritie for ever. Vol. I. 3 18 DOCUMENTS 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*^ Household, and the Earle of Arundell shall take notice of the peticon, consider of the demands for privi- ledges, and thereupon certefie their opinions to their Lips, that such further order may be taken as shalbe meete. (Signed) C. Edmonds. WARRANT FOR THE PATENT OF NEW ENGLAND BY JAMES I. OF ENGLAND. July 23 1620. August 2 Sources. For the warrant by James I., August f 1620, to prepare a patent for the Northern Company of Virginia, a judicial copy is, according to Brodhead, in Council Register, Jac. I. R. 1618-20, IV. 576, now in the Public Record Office, London. The warrant was first printed by Sir Ferdinando Gorges, " A Briefe Narration" (London, 1658), 21, from which source it was reprinted by Ebenezer Hazard, " Historical Collections, Consisting of State Papers and Other Docu- ments " (Philadelphia, 1792), I. 99, and by John Alfred Poor, " A Vindication of the Claims of Sir Ferdinando Gorges" (New York, 1862), Appendix D, 109. The text adopted is Brodhead's transcript from the judi- cial copy printed in Edmund Bailey O'Callaghan, editor, " Documents Rehiting to the Colonial History of New York, procured in Holland, England, and France " (Albany 1853- 87), HI. 2-4. TERRITORIAL HISTORY OF MAINE. 19 Text. At Whitehall the 23 July 1620 Present.— Lo. Chancellor Lo. Digby Lo. Privy Seale M"" Coraptroler E. of Arundell M"" Sec^ Naunton E. of Southampton M"" Sec^ Calvert Lo. BP of Winton M'' of the Roles M"- of the Wardes. A Let^ 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* 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 yea res, and of Impositions for so long tyme as his ma"^ shall be pleased to grant unto them. These shal be theretofore to will and require you to pre- pare a Patent readie for his Ma'®^ royall signature, to the purpose aforesaid, leavinge a blanke for the tyme of free- dom from Impositions to be supplied and put in by his Ma"" and for which this shall be your Warrant. Dated, &c. 20 DOCUMENTS RELATING TO THE VI. GREAT PATENT OF NEW ENGLAND BY JAMES I. OF ENGLAND. 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 C(^mpany which had been reincor- porated in 1609, 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), L 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 CUiims of Sir Ferdi- nando Gorges" (New York, 18G2) ; and by Francis Baylies, " An Historical Memoir of the Colony of New Plymouth" (Boston, 18(36), 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), 922-931. Text. Sexta decima Pars Paten de Anno Regni Jacobi, Angliae &c. Dechno Octavo. D. Con. Ludovico Duci Lenox, et al. Consiliar de Plymouth^ Con new Colon de Newe-England, sibi et Succes- sorih. JAMES by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. to all whom these Presents shall come. Greeting, whereas, upon the humble Petition of divers of our well disposed Subjects, that intended to make several Plantations in the Parts of America, between the Degrees of thirty-lfoure and ffourty-five ; We according to our princel}' Inclination, favouring much their worthy Disposition, in Hope thereby to advance the in Largeraent 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 Tliomas Gates, Sir George Somers, Knights, TJiomas Hamon, and Raleigh Gilbert, Esquires, and of their Associates, for 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 CoUonyes ; 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 Tovvne 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, Sh fferdinando Gorges, Kmght, 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 titt 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- ereio-n 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 hnve desired of Us, for their better Encouragement and Satisfaction herein, and that they may avoide all Confu- sion, Questions, or Differences betw^een 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 ot 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 I^eagues together in a Manner, any that doe claime or cliallenge 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, soemuch as in Us lyeth, to second and followe God's sacred Will, rendering reverend Thanks to his Divine Majestic for his gracious favour in laying open and revealing the same unto us, be- fore any other Christian Prince or State, by which Meanes without Offence, and as we trust to his Glory, Wee may with Boldness goe on to the settling of soe hopefull a work, which tendeth to the reducing and Conversion of such Sau- ages as remaine wandering in Desolacion and Distress, to Civil Societie and Christian Religion, to the Inlargement of our own Dominions, and the Aduancement of the Fortunes of such of our good Subjects as shall willingly intresse themselves in the said Imployment, to whom We cannot but give singular commendations for their soe worthy Intention and Enterprize ; we therefore, of our especiall Grace, mere motion, and certaine knowledge, by the Aduice of the Lords and others of our Priuy Councell have for Us, our Heyrs and Successors, graunted, ordained, and established, and in and by these Presents, Do for Us, our Heirs and Successors, grant, ordaine and establish, that all that Cir- cuit, Continent, Precincts, and Limitts in America, lying and being in Breadth from Fourty Degrees of Northerly Latitude, from the Equnoctiall Line, to Fourty-eight De- grees of the said Northerly Latitude, and in Length by all TERRITORIAL HISTORY OF MAINE. 25 the Breadth aforesaid throughout the Maine Land, from Sea to Sea, with all the Seas, Rivers, Islands, Creekes, Inletts, Ports, and Havens, within the Degrees, Precincts, and Limitts of the said Latitude and Longitude shall be the Limitts, and Bounds, and Precincts of the second CoUony ; 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 Enghind, James Marquess Hamilton, William Earle of Pembroeke, Lord Chamberlaine of our Houshold, Thomas Earl of Arundel, and our right trusty and rightwell beloved Cosin, William Earleof Bathe, andright trusty and right well beloved Cosin and Councellor, Henry Earle of Southampton, and our right trusty and rightwell 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 Thon:|as 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 Eobert Mansell, Sir Edward Zouch, Sir Dudley Diggs, Sir Thomas Roe, Sir fferdinando 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, Ro3'alties, 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 flburty 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-England. And further, wee will and grant by these Presents, for Us, our Heires and Successors, 30 DOCUMENTS RELATING TO THE unto the said Councill and their Successors, that they and their Successors shall have and enjoy for ever a Common Scale, to be engraven according to their Discretions ; and that it shall be lavvfull 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 enjo}^, 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 contirme by such Name or Names, Sale or Sales, as to them shall seeme Good ; and likewise to revoke, disdischarge, charge and alter, as well all and singular, Governors, Offi- cers, and Ministers, which hereafter shall be by them thought fitt and needful to be made or used, as well to at- tend the Business of the said Company here, as for the government of the said Collony and Plantation, and also to make, ordaine, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Gov- ernment and Magistracy fitt and necessary for and concern- ing the Government of the said Collony and Plantation, so always as the same be not contrary to the Laws and Stat- utes of this our Realme of England, and the same att all Times hereafter to abrogate, revoke, or change, not only within the Precincts of the said Collony, but also upon the Seas in going and coming to and from the said Collony, as they in their good Discretions shall thinke to be fittest for the good of the Adventurers and Inhabitants there. And wee do further of our especiall Grace, certaine Knowledge, and mere Motion, grant, declare, and ordain, that such principall Governor, as from time to time shall be author- ised and appointed in Manner and Forme in these Presents heretofore expressed, shall have full Power and Authority to use and exercise martiall Laws in Case of Rebellion, In- surrection and mutiny, in as large and ample Manner as our Lieutenants in our Counties within our Realme of Eng- land have or ought to have by Force of their Commission of Lieutenancy. And for as much as it shall be necessary for all our lovinge Subjects as shall inhabit within the said Precincts of New-England aforesaid, to determine to live together in the Feare and true worship of Allmighty God, Christian Peace, and civil Quietness, each with other, 32 DOCUMENTS RELATING TO THE whereby everyone may with more Safety, Pleasure, and Profitt, enjoye that whereunto they shall attaine with great Pain and Perill, Wee, for Us, our Heires and Successors, are likewise pleased and contented, and by these Presents do give and grant unto the said Council and their Successors, and to such Governors, Officers, and ministers, as shall be by the said Councill constituted and appointed according to the natures and Limitts of their Offices and Places respec- tively, that they shall and may, from time to time for ever hereafter, within the said Precincts of 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 allvvays as the said Statutes, Ordinances, and Pro- ceedings, as near as conveniently may be, agreeable to the Laws, Statutes, Government and Policie of this our Realme of England. And furthermore, if any Person or Persons, Adventurers or Planters of the said Collony, or any other, att any Time or Times heereafter, shall transport any Mon- eys, Goods, or Merchandizes, out ot any of our Kingdoms, with a Pretence or Purpose to land, sell, or otherwise dis- pose of the same within the Limitts and Bounds of the said Collony, and yet nevertheless being att Sea, or after he hath landed within any Part of the said Collony shall carry the same into any other tioraigne 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 Comodities, Jurisdictions, Royalties, Priveliges, Franchises, and Preheminences, both within the same Tract of Land upon the Maine, and also within the said Islands and Seas adjoining : Provided always, that the said Islands, or any of the Premises herein before men- tioned, and by these Presents intended and meant to be granted, be not actually possessed or inhabited by any other Christian Prince or Estate, nor be within the Bounds, Limitts Vol. I. 4 34 DOCUMENTS RELATING TO THE or Territoryes, of that Southern Collony heretofore by us granted to be planted by diverse of our loving Subjects in the South Part, to have and to hold, possess and enjoy, all, and singular, the aforesaid Continent, Lands, Territo- ryes, Islands, Hereditaments and Precincts, Sea Waters, Fishings, with all, and all Manner their Commodities, Roy- alties, Liberties, Preheminences, and Profitts, that shall arise from thence, with all and singular, their Appurtenances, and every Part and Parcel thereof, and of them, to and unto the said Councell and their Successors and Assignes for ever, to the sole only and proper Use, Benefit, and Be- hooffe of them the said Council and their Successors and Assignes for ever, to be holden of Us, our Heires, and Suc- cessors, as of our Manor of East Greenwich, in our County of Kent, in free and comon Soccage and not in Capite, nor by Knight's Service ; yielding and paying therefore to Us, our Heires, our Successors, the fifth Part, of the Ore of Gold and Silver, which from time to time, and att all times heereafter, shall happen to be found, gotten, had, and ob- tained, in or within any the said Lands, Limitts, Territo- ryes, and Precincts, or in or within any Part or Parcell thereof, for, or in Respect of all, and all Manner of Dutys, Demands, and Services whatsoever, to be done, made, or paid to Us, our Heires, and Successors. And wee do fur- ther of our especiall Grace, certaine Knowledge, and meere Motion, for Us, and our Heires, and Successors, give and grant to the said Councell, and Successors for ever by these Presents, that it shall be lawfuU and free for them and their Assignes, att all and every time and times hereafter, out of our Realraes 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 Cloathiug, 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 yeildiug, any Custom or Subsidie either inward or outward, to Us, our Heires, or Successors, for the same, for the Space of seven Years, from the Day of the Date of these Presents, provided that none of the said Persons be such as shall be hereafter by special Name restrained by Us, our Heire, or Successors. And for their further Encouragement, of our especiall Grace and Favor, wee do by these Presents for Us, our Heires, and Successors, yield and grant, to and with the said Councill and their Suc- cessors, and every of them, their Factors and Assignes, that they and every of them, shall be free and quitt from all Subsidies and Customes in New-England for the Space of seven Years, and from all Taxes and Impositions for the Space of twenty and one Yeares, upon all such goods and Merchandizes, as shall be brot and imported into our Realme of England, or any other of our Dominions, according to the ancient Trade of Marchants ; which five Pounds per cent, only being paid, it shall be thenceforth lawful and free for the said Adventurers, the same Goods and Merchandize to export and carry out of our said Dominions into fforaigne Parts, w^ithout 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 Seale, distribute, convey, assigne, and sett over, such par- ticular Portions of Lands, Tenements, and Hereditaments, as are by these Presents, formerly granted unto each our loveing Subjects, naturally borne or Denisons, or others, as well Adventurers as Planters, as by the said Company upon a Comission of Survey and Distribution, executed and re- turned for that Purpose shall be named, appointed, and allowed, wherein our Will and Pleasure is, that Respect be had as well to the Proportion of the Adventurers, as to the speciall Service, Hazard, Exploit, or merit of any Person so to be recompensed, advanced, or rewarded, and wee do also, for Us, our Heires and Successors, grant to the said Councell and their Successors and to all and everysuch Governours, or Officers, or Ministers, as by tbe 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 maj', from time to time, and att all Times hereafter for ever, for their severall Defence and Safety, encounter, expulse, repel, and resist by Force of Arms, as well by Sea as by Land, and all Ways and Meanes whatsoever, all such Per- son and Persons, as without the speciall Licence of the said Councell and their Successors, or the greater Part of them, shall attempt to inhabit within the said severall Precincts and Limitts of the said Collony and Plantation. And also all, and every such Person or Persons whatsoever, as shall enterprize or attempt att any time hereafter Destruction, Invasion, Detriment, or Annoyance to the said Collony and Plantation ; and that it shall be lawfull for the said Councill, and their Successors, and every of them, from Time to Time, and att all Times heereafter, and they shall have full TERRITORIAL HISTORY OF MAINE. 37 Power and Authority, to take and surprize by all ways and meanes whatsoever, all and every such Person and Persons whatsoever, with their Ships, Goods, and other Furniture, trafficking in any Harbour, Creeke, or Place, within the 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 Territorj^es, Lands, Eivers, 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 whtitsoever : 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, ffactors, Deput^^s, and Assignes, unless it be with the License and Consent of the said Councill and Company first had and obtained in writing, under the 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, Deputyes, 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 orrant 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 Custonie or Subsidie shall growe due or payable unto Us, our Heires or Successors, according to the Limitation and appointment aforesaid, by Eeason 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 Territor3'es aforesaid, than then so often, and in such Case the ffarmers. Customers, and OiBScers of our Customes of England and Ireland, and every of them, for the Time TERRITORIAL HISTORY OF MAINE. 39 being, upon Bequest 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 allovve 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, that then such Payment, Duty, Custome, Imposition, or Forfeiture, shall be paid, and belong to Us, our Heires, and Successors, for the said Goods, Wares, and Merchandises, so fraudulently sought to be transported, as if this our Grant had not been made nor granted : And Wee do for Us, our Heires and Successors, give and grant unto the said Councill and theire Successors for, ever, by these Presents, that the said President of the said Company, or his Deputy for the Time being, or any two others of the said Councill, for the said Collony in New- England, for the Time being, or any two others of the said Councill, for the said Collony in New-England, for the lime beinge, shall and may, and att all Times heereafter, and from time to time, have full Power and Authority, to min- ister the Oath and Oaths of Allegiance and Supremacy, or either of them, to all and every Person and Persons, which shall att any Time and Times heereafter, goe or pass to the said Col lony m New-England. And further, that it shall be- likewise be lawful for the said President, or his Deputy for the Time being, or any two others of the said Councill for the said Collony of New-England for the Time being, from 40 DOCUMENTS RELATING TO THE time to time, and att all times heereafter, to minister such a formal Oath, as by their Discretion shall be reasonably de- vised, as well unto any Person and Persons imployed or to be imployed in, for, or touching the said Plantation, for their honest, faithfuU 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 belono-ino;. 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 |^thence either treacherously come back againe, or returne into the Realme of Englande by Stealth, or without Licence of the governour of the said Collony in New-England for the Time being, or be sent hither as niisdoers or Offendors ; and that none of those Persons after theire Returne from thence, being questioned TERRITORIAL HISTORY OF MAINE. 41 by the said Councill 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 andPhin- 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 a8 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 !is the Governour's Deputy or Councill there for the Time being, shall think meete, or otherwise accord- ing to such Laws and Ordinances as are, and shall be, in Use there, for the well ordering and good government of the said Collony. And our Will and Pleasure is, and Wee do hereby declare to all Christian Kings, Princes and States, that it any Person or Persons which shall hereafter be of the said Collony or Plantation, or any other by License or Appointment of the said Councill, or their Successors, or otherwise, shall at any time or times heereafter, rob or spoil, by Sea or by Land, or do any Hurt, Violence, or unlawfull Hostility to any of the Subjects of Us, our Heires, or Suc- cessors, or any of the Subjects of any King, Prince, Ruler, or Governour, or State, being then in League or Anjity 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 Prockmation, 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 Pleires and Successors, with Amendment of such Imperfection and Defects as shall appeare fitt and necessary to the said Coun- cill, or their Successors, to be reformed and amended on the Behalfe of Us, our Heires and Successors, and for the fur- thering of the Plantation and Government, or the Increase, continuing, and flourishing thereof, that then, upon the humble Petition of the said Councill for the time being, and their Successors, to Us, our Heires and Successors, Wee, our Heires and Successors, shall and will forthwith make and pass under the Great Scale 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, Baililfs, 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, flranchises. 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 Westmi7isfei' the Third Day of No- vember, in the Eighteenth Yeare of our Reign over England, &c. Par Breve de Privato Sigello, <&c. This is a true Copy from the Original Record remaining in the Chapel of the Rolls having been examined. HEN. ROOKE, Clerk of the Bolls. 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 l)een 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 whcrcas 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 Tovvne and settle dy vers gsons Inhabitants for the advancem' 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 efily of them his and their heires and assignes one hundred acres of grownd for eiily pson 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 puts 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 efily of them sevally & respec- tyvelie one hundred sevall acres of grownd 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 tyfnes 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 Tenue myles ot the same (vnles it be on the opposite syde of some great or Navigable Ryver to the former pticu- ler plantacon, together with the one half of the Ryver or Ryvers, that is to say to the middest thereof as shall adioyne to such lands as they shall make choyce of together with all such Liberties pryviledges pffitts & Comodyties as the said Land and Ryvers which they shall make choyce of shall yeild together with free libtie 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 whatsoeQ shall take any benetitt or libtie of or to any of the grownds or the one half of the Ryvers aforesaid (excepting the tree vseof high- wayes by land and Navigable Ryvers, but that the said vndertakers & planters their heires & assignes shall haue the sole right and vse of the said grownds and the one half of the said Ryvers with all their pffitts & appe'"tenncs/ And forasmuch as the said John Peirce and his associats intend and haue vndertaken to build Churches, Schooles, Hospi- talls Towne hovvses, Bridges and such like workes of Char- ytie As also for the maynteyning of Magistrats and other inferio' Officers/ In regard whereof and to the end that the said John Peirce and his Associats his & their heires & assignes may have wherewithall to beare & support such like charge/ Therefore the said President & Councell aforesaid do graunt vnto the said Vndertakers their heires & assignes Fifteene hundred acres of Land moreover and aboue the aforesaid proporcon of one hundred the pson for eQy 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 eQy pson so transported or dyeing after he is shipped one hundred acres of Land, and also that eQy pson or psons who by contract 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- liugly 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. Michaell Tharchaungell to the hand of the Rentgatherer of the said President & Counsell and their successo'"s forefi)/ the first paym' to begyn after the 'xpiracon of the first seaven Yeeres next after the date hereof And further it shalbe lawfull to and for the said John Peirce and his Associats and such as contract with them as aforesaid their Teiints & srvants vpon dislike of or in the Country to returne for England or elsewhere with all their goods & chattels at their will & pleasure with- out 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 Teiits & 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"^ his heires & successo''s as the President and Counsell of New England doe pay without any other taxes Imposicons burthens or restraints whatsoeGl vpon them to be ymposed (the rent hereby resved being onely excepted) And it shalbe lawfull for the said Vndertakes & Planters, their heires & successors 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 libtie to hunt hauke tish or fowle in any place or places not now or hereafter by the English inhabited/ And the said Pres- ident & Counsell do coverint & promyse to and with the said John Peirce and his Associats and others contracted w"' as aforesaid his and their heires & assignes/ That vpon law- full srvey to be had & made at the charge of the said Vnder- takers & Planters and lawfull informacon geven of the bownds, meets, and quantytie of Lands so as aforesaid to be by them chosen & possessed they the said President & Counsell vpon srrender of 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 Cornon 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 1 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 o-overnement orderinff & 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 b}'- 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 eu)y 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 tyraes hereafter for their seflall 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'"' or the greater pt of them shall attempt to inhabit within the seQall psincts & lyinytts 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- fint & promyse to & with the said President & Counsell and their successo'^s/ That they the said John Peirce and his Associats from tyme to tyme during the said Seaven Yeeres shall make a true Certificat to the said President & Counsell & their successors from the Chief Officers of the places re- spectyvely of eOy 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 coveiint 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 coiu- odyties in & vpon the said Land hereby graunted vnto them as Corne & silkgrasse hemp flaxe pitch & tarre sopeashes and potashes Yron Clapbord and other the like materialls/ In witness whereof the said President & Counsell haue to the one pt of pnte Indenture sett their scales ^ And to th' * This word looks a little like 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 hib said Associats haae sett to bis seale geven the day and yeeves first aboue written/. Lenox Hamilton Rt Warwick Sheffield Ferd : Gorges [On the Verso of the instrument is the following indorse- ment :] Sealed and Delivered by my Lord Duke in the Psence of Edward Collino-wood 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), L, 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, tor traffic and navigation formerly made with other princes, republics, and people, which We give them to understand must be in all parts punctually kept and adhered to : And We find by experience, that without the common help, assis- tance, and mterposition of a General Company, the people designed from hence for those parts cannot be properly pro- tected and maintained in their great risk from pirates, ex- tortion, and otherwise, which will happen in so very long a voyage We have, therefore, and for several other impor- tant reasons and considerations us thereunto moving, with mature deliberation of counsel, and for highly necessary causes, found it good, that the navigation, trade, and com- merce, in the parts of the West Indies, and Africa, and other places hereafter described, should not henceforth be carried on any otherwise than by the common united strength of the merchants and inhabitants of these coun- 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, oflScers, magistrates, and inhabitants of the aforesaid United Netherlands, that they permit the aforesaid company and managers peaceably and freely to enjoy the full effect of this charter, agreement, and privilege, without any contradiction or impeachment to the contrary. And that none may pretend ignorance hereof, We command that the contents of this charter shall be notified by publication or an advertisement, where and in such man- ner as is proper ; for We have found it necessary for the service of this country. Given under Our great seal, and the signature and seal of Our recorder, at the Hague, on the third day of the month of June, in the year sixteen hundred and twenty-one Was countersigned, J. Magnus, Sec. 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 Saucta 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 Descriptionei) Indiae Occidentalis " (Batav. apud Elzeverios, 1633). Extracts in English and French transhitions were printed in " Meuioires des Coniniissaires du Roi et ceux de sa Ma;ieste Britannique, sur les possessions et les droits re- spectifs des deux Couronnes en Anierique " (Paris, 1755), II. 185-192 ; from which an extract was reprinted by Eben- ezer Hazard, " Historical Collections, Consisting of State Papers and Other Documents" (Philadelphiti, 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 Coucentrata," 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 Clul), David Laing, editor, "Royal Letters, Charters and Tracts, Relating to the Colonization of New Scotland, Etc., 1621-1638" (Ed'inburgh, 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 ado})ted 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, clerg}- 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 accey)table 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 kinii'dom 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 come, shall enjoy the name of Nova Scotia, in America, which also the aforesaid Sir William shall divide into parts and portions, as to him may seem meet, and give names to tbe same, according to his pleasure : TERRITORIAL HISTORY OF MAINE. 61 X. MINUTES OF THE FIRST DIVISION OF THE GREAT PATENT FOR NEW ENGLAND, BY THE GREAT COUNCIL FOR NEW ENGLAND. J„.K 24, 1522. Sources. Although the first division of the Great Patent for New England, ^;j}^^|*, 1622, was never consummated it is here sriven entire because it throvvs lio;ht 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*'^ of July 1622. The Earle of Arundell. Sr. Ferd : Gorges. Mr. Secretary Calvert. Sr. Sam' Argall. It is ordered and agreed that the Lord Duke of Lenox have for his devident and 62 DOCUMENTS RELATING TO THE Lord Dukes Devition Mr Secretary Calverts Devedent. The Karl 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 betweeue Sawahquatock and Sagadahoc upon ye Coast. And to reach 30 miles backward into ye Mayne. And 3 Leagues into ye sea. Mr. Secretary Calvert to begin his devi- dent y' middle of Sagadahoc and to goe close to y® Lord Duke his bounds. And to have further into his devident the Island called by ye name of Setquin. The Earle ol Arundele to have for his devident from ye middle of Sagadahoc, and to goe northeast soe much on his side, as Mr. Secretary goes on y^ other side upon y* Coast. And to reach miles backward into ye Mayne, and 3 leagues into ye Sea. And to have furter into his Devident y* Hand called Menehigan. It is propounded that ye Tenure in ye grand pattent is thought meet to bee held of ye Crowne of England by ye sword. And that private Planters shall hold of the Chamber of State to bee established there, and shall have power to create their owner Tenures to such as shall hold under them. The Country to be called Nova Albion, That there may bee power given in the grand pattent to create Titles of Honour and precedency soe as ye differ in nominacon from the titles used heere in England. M^ Rattcliffe is sent for by a Messiuger 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 pattent. 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. jVr Thompson is appointed to attend the Lords for a Warrant to M'' Attorney generall for drawing ye new Pattents, and S' Henry Spilman is desired to attend M'' Attorney thereabouts. The Lord Dukes and ye Earle of Arun- dells devidents, sett down by S'' Ferd : Gorges upon view of y® mapps. The Lord Duke of Lenox is to have for a part of his Devident of ye lands in New England, from the midst of the river called Sawahquatock 15 English Miles in a straight line upon the sea coast, to ye Eastward of ye River. And 30 English miles backward of all the breadth afore-sd upp into the Mayne Land, North or North and by west, as y^ Coast and River of Sawahquatock lyeth, accounting 1760 yards to every mile, with all ye fishings, Bayes, Havens, Harbours and Islands lyeing or being within 9 miles directly into ye sea (Excepting such Island, as are allready granted etc. All lyeing be- tweene the degrees of 43 and 44 etc. ) The Earl of Arundell to have for a part of his devident from ye Southermost poynt 64 DOCUMENTS RELATING TO THE of Pethippscott East 12 Miles in a straight lyne as the coast lyeth on ye sea shoare. And 30 miles by all that breadth upp into the Mane Land due North, accounting 1760 yards to every mile, with all ye Fishings, Havens, Islands, etc. Lying and being within 9 miles directly into the sea, etc. Together with ye Islands of Menehiggan etc. All lye- The Earle of Arun- dles Devidt. ing betweene the Degrees of 43 & 44. XI. GRANT OF THE PROVINCE OF MAINE BY THE GREAT COUNCIL OF NEW ENGLAND. August 10/20, 1622. Sources. The orififinal i^rant t)f the Province of Maine to Sir Ferdi- nando Gorges, and John Mason, Esq., August 10/20, 1622, is ill the "Colonial Entry Book," 59, 101-108, Public Record Oflace, 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 MasoD, 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 srant 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, l«i29. Text. This Indenture made the lO*** day of August Anno Dom : 1622, & in the 20*'' 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% Betweene the President and & Councell of New England on y« one part, & S"" Ferdinando Gorges of London, Knight, and Cap- taine John Mason of London Esquire on y^ other part Witt- nesseth that whereas our said Sovereigne Lord King lames for the makeing a Plantacon & establishing a Colony or Colonyes in y^ country called or knowne by y^name of New England in America hath by his Highness Letters Patents under the great Scale of England bearing date at Westm"" : the 3*^ day of Novembe^ in the IS*'' 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"" Ferdinando Gorges Kn* and diverse others whose names are expressed in y* 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, liraitacons and declaracons in the said Vol. I. 6 66 DOCUMENTS RELATING TO THE Letters Patents expressed. All that part or porcon of that country now comonly called New England w"^ is situate ly- ing and being between the Latitude of 40 and 48 Degrees northerly Latitude together w*'' the Seas and Islands lying w*^ in one hundred miles of any part of the said Coasts of the Country aforesaid and also all y^ Lands, Soyle, grounds, havens, ports, rivers, mines as well Royal mines of Gold and Silver as other mines minerals pearls and pretious stones woods, quaryes, marshes, waters fishings hunting, hawking fowling coraodities and hereditaments whatsoever together w"' all prerogatives jurisdictions royaltys privileges fran- chises and preheminences within any of the said Territoryes and precincts thereof whatsoever. To have hold possess and enjoy all and singular the said lands and premises in the said Letters Patent granted or menconed to bee granted unto y* said President and Councill their Successo*"^ and assignes for ever to be holden of his Ma'^ his heyres and successo'^' as of his highness Mano"" of East Greenwich in the County of Kent in free and common Soccage and not in capite or by Kn*^ service — Yeilding & paying to the King's Ma"^ his heyers and successo""' the one fifth part of all Gold and Silver oare that from time to time and att all times from the date of the said Letters Patents shall be there gotten had or obtayned for all services dutyes or demands as in & by his highnes said Letters Pattents amongst other divers things therein contayned more fully and at large it doth appeare. And whereas the said President & Councill have upon mature deliberacon thought fitt for the better furnish- ing and furtherance of the Plantacon in those parts to ap- propriate and allot to severall and particuler persons diverse parcells of Lands within the precincts of the aforesaid granted p''misses by his Ma'^ said Letters Patents. Now this Indenture witnesseth that ye s*^ President and Councill of their full free and mutuall consent as well to the end that TERRITORIAL HISTORY OF MAINE. 67 all the Lands, woods, lakes, rivers, waters. Islands and fishings w"' all other the Traffiques profits & coraodityes 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'' said S"" Ferdinando Gorges & Cap* lohn Mason their heyres and assignes for ever as for diverse speciall services for the ad- vancem* of the s'' Plantacons and other good and sufficient causes and consideracons them especially thereunto moveing have given granted bargained sould assigned aliened sett over enfeoffed & confirmed — And by these presents doe give grant bargaine sell assigne alien sett over and confirme unto y^ s"^ S*" Ferdinando Gorges & Cap* lohn Mason their heirs and assignes all that part of y® maine land in New England lying vpou y® Sea Coast betwixt y*^ rivers of Meri- mack & Sagadahock and to y^ furthest heads of y'' said Eivers and soe forwards up into the land westward untill threescore miles be finished from y^ first entrance of the aforesaid rivers and half way over that is to say to the midst of the said two rivers w'^'' bounds and limitts the lands afore- said tocreather w**" all Islands and Isletts w**" in five leairues distance of ye premisses and abutting vpon y® 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*^ whatsoever w*'' all and singular their apurtenances to- gether w*'' all prerogatives rights royaltyes jurisdictions privileges franchises libertyes preheminences marine power in and vpon y^ said seas and rivers as alsoe all escheats and casualtyes thereof as flotsou jetson lagon w"' anchorage and other such dutyes immunityes sects isletts and apurtenances whatsoever w"' all ye estate right title interest claime and demands whatsoever w''^ y^ said President and Councell and 68 DOCUMENTS RELATING TO THE their successo" of right ought to have or]^chiime iu or to y^ said porcons of lands rivers and other y^ premisses as is aforesaid by reason or force of his highnes ,said Letters Patents in as free hirge ample and beneficiall maner to all intents constructions and purposes whatsoever as in and by the said Letters Patents y^ same are among other things granted to y® said President and Councell afores*^ Except two fifths of y® oare of Gold and Silver in these pnts hereafter expressed w'^'' said porcons of lands w**" y'' appurtenances the said S'' Ferdinando Gorges and Capt lohn Mason w**' the consent of y® President & Councell intend to name y^ Province of Maine To have and to hould all the said por- cons of land, Islands rivers and premises as aforesaid and all and singler other y° comodytyes and hereditam*^ hereby sriven granted aliened enfeofi*ed and confirmed or menconed or intended by these presents to be given aliened enfeofi'ed and confirmed or menconed or intended by these presents to be given granted aliened enfeoffed and confirmed w**^ all and singuler y® appurtences and every part and parcell thereof unto y*^ said S"" Ferdinando Gorges and Capt John Mason their heyres and assignes for ever, to be holden of his said Ma"®^ his heyres and successo" as of his Highnes Mano"" of East Greenwich in ye County of Kent in free and common Soccage and not in capite or by Kn** service. Neverthelesse w"^ such exceptions reservacons limitacons and declaracons as in y® said Letters Patents are at large expressed yeilding & paying unto our Soveraigne Lord the King his heyres & successo" the fifth part of all y* oare of gold and silver that from time to time and att all times hereafter shall be there gotten had and obtayned for all services dutyes and demands. And alsoe yieldmg and paying unto the said President and Councill and their Successors yerely the sum of Tenn shillings English money if it be demanded. And the said President and Councill for them and their TERRITORIAL HISTORY OF MAINE. 69 Successo" doe covenant and grant to and w**' the said S'' Fer- dinand© Gorges and Capt. lohn Mason ther heires and assignes from and after the ensealing and delivery of these presents according to y^ piirport true intent and meaning of these presents that they shall from henceforth from time to time for ever peaceably and quietly have hold possess and enjoye all y^ aforesaid Lands Islands rivers and premises w*** y^ appurtenances hereby before given and granted or men- coned or intended to be hereby given and granted and every part & parcell thereof w*"^ out any lett disturbance denyall trouble interrupcon or evicon of or by y*^ said President and Council 1 or any person or persons whatsoever claiming by from or under them or their successo""* or by or under their estate right title or Interest. And y® said President and Councill for them and their Successo''' doe further Covenant and grant to & w"' y^ said S' Ferdinando Gorges & Capt. lohn Mason their he^^-es and assignes by these presents that they y* said President and Councill shall at all times here- after vpon reasonable request at y^ only proper cost and charges in the Law of y^ said S'" Ferdinando Gorges & Capt. lohn Mason their heyres and assignes doe make performe suffer execute and willingly consent unto any further act or acts conveyance or conveyances assurance or assurances whatsoever for y* good and perfect investing assuring and conveying and sure making of all the aforesaid porcons of Lands Islands rivers and all and siuguler their appurteuces to y« said S"^ Ferdinando Gorges and Capt. lohn Mason their heyres and assignes as by them their heyres and assignes or by his their or any of their Councill learned in y" Law shall bee devised advised or required. And further it is agreed by and between the said partyes to these presents and y^ said S"" Ferdinando Gorges and Captaine lohn Mason for them their heyres executors administrators and assignes doe covenant to and w"' v® 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** said premises that then they y^ said S"" Ferdinando Gorges and Capt. lohn Mason their heyres and assignes shall yield & pay vnto y® said President and Councill their successo""* and assignes one fifth part of all such gold and silver oare as shall be found within and vpon y" premises and digged and brought above ground to be delivered above ground & that always within reasonable and convenient time it it be demanded after y® finding get- ting and digging vp of such oare as aforesaid w^^'out fraud or covin and according to y* true intent and meaning of these Presents. And y*" s*^ S"" Ferdinando Gorges and Capt. lohn Mason doe further covenant for them their heyres and assignes that they will establish such government in y® s*^ porcons of lands and Islands granted unto them and y^ same will from time to time continue as shall be agreeable as nere as may be to y^ Laws and Customs of y** realme of England, and if they shall be charged at any time to have neglected their duty therein that then they will reforme the same according to y* directions of the President and Coun- cill or in defaulte thereof it shall be lawfull for any of y* agrieved inhabitants or planters being tenn*^ vpon y^ said Lands to appeale to y^ Chief Courts of Justices of y* Presi- dent and Councill. And y^ s'' S"" Ferdinando Gorges and Capt. lohn Mason doe covenant and grant to and w^'' y* said President and Councill their successo""' & assignes by these presents, that they y" said S"" Ferdinando Gorges and Capt. lohn Mason shall and will before y* expiracon of three years to be accompted from y® day of y^ date hereof have in or vpon the said porcons of lands or some p' thereof one part with a competent guard and ten famillj^es at y*' least of his Ma"" resident and being in and vpon y* same premises or in default thereof shall and will forfeite and loose to the said TERRITORIAL HISTORY OF MAINE. 71 President & Councill the sum of one hundred sterling money and further that if y*" said S"" Ferdinando Gorges and Capt. lohn Mason their heyres and assignes shall at any time hereafter alien these premises or any part thereof to any forraigne nations or to any person or persons of any forraigne nation without y" speciall license consent and agreement of y*" said President and Councill their successo" and assigns that then y^ part or parts of the said lands so alienated shall immediately returne back again to y" use of y^ said President and Councill. And further know ye that y^ said President and Councill have made constituted de- puted authorized and appointed and in their place & stead doe put Capt. Rob^ Gorges or in his absence to any other person that shall be their Governo'' or other oflScer 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*'' their appurtences or into some part thereof in y^ name of y" whole soe had and taken there for them and in their names to deliver the full and peaceable possession and seizin of all and singuler the said granted premises unto y^ said S"" Ferdinando Gorges and Capt. John Mason or to their certaine attorney or attorneys in that behalf accordino- to y^ true intent and meaning of these presents, ratifyino- confirming all and allowing and whatsoever their said attor- ney shall doe in or about y^ premises by these presents. In Witnesse whereof to one part of these present Indentures remaining in the hands of S"" Ferdinando Gorges and Cap- taine John Mason the said President and Councill have caused their comon scale to be affixed and to the other of these present Indentures remaining in the custody of the said President and Councill the said S' Ferdinando Gorges & Capt. John Mason have put to their hands and scales. Given y* 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," I. 45 ; contemporary writers, however, add a little more to our knowledge of Levett's connection with the early history of Maine. Sam- uel Maverick in "A Description of New England" in " New England Historical and Genealogical Register" (1885), p. 35, describes the grant in terms which are nearly identical with the memorandum of the Great Council ; Edward Godfrey includes the grant (No. 15) in his " Cattalogue of Such Patteutes 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 J-Xulry?* I63f ; after the final division of the Great Patent Gorges conveyed the territory by deed to Cleeve and Tucker, "York Deeds," I, Part II, fol. 4, by whom it was held notwithstanding various controversies. The brief memorandum here printed is from the text of W. Noel Sainsbury, " Records of the Great Council," Charles Deane, editor, American Antiquarian Society, "Proceedings," 1867, 94. Text. Memorand In consideracon of a Statute given by M"^ Christopher Levitt, Esq"" for £110, to bee a principall pattentee, Prout p"" Statute, It is ordered that a grant bee made unto M'' Levitt for 6000 Acres of Land, prout, &c. This grant was drawue by S*^ Henry Spelman and signed ^row^, &c. XIII. SECOND DIVISION OF THE PATTENT FOR NEW ENGLAND BY THE GREAT COUNCIL FOR NEW ENGLAND. June 29, -i /.go July 9, ^^^^ Sources. The second division of the Great Patent of New Eng- land was made at Whitehall, in the King's presence, Sunday, ^,l\^\ 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 Ofiice, but were supplied by Mr. Sainsbury in 1875 from the newly discovered Carew MS., now believed to be the original recoixls of the Great Council for New England. The text adopted is that made under the direction of Mr. Sainsbury. Text. Att Greenwich. Sundaie 29" Junii 1623 i There were presented to the Kings most excellent Ma"* a Plott of all the coasts and lands of New England, devided > Proceedings American Antiquarian Society, 1867, 96; cf. do. 1875, 49; properly June 28, Saturday . TERRITORIAL HISTORY OF MAINE. 75 into twenty parts each part eonteyning two shares, And twenty lotts eonteyning the said double shares make u})p 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"^ was gratiously pleased to drawe the first lott in his Graces be- half, which conteN'ned 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^'^ 17 The Earl of Middlesex 13 The Earl of Warwick 7 The Earl of Holdernes 14 The Earl of Garble f 8 For the Lord Sheffield, drawne by Sir John Bouchier 12 For the Lord Gorges drawne by the Kinges Ma""* 3 For Sir Robert Mansell drawne by Sir Samuell Argall 15 Sir Ferdinando Gorges 19 Sir Alleyn Apsley 10 For Sir Henry Spelman drawne by the Lord Dnke of Richmond 11 Sir Samuell Argall 2 Sir William Bellasys 16 Doctor Barnabe Goche 1 For Doctor Matthewe Sutcliffe drawne by Doctor Goche 4 For Cap' Thomas Love drawne by Sir Sam Argall 9 For M' Abraham Jenings drawne by Sir Sam. Argall 5 [The Lord Duke of Buckingham drawn by his Ma"'' as above] 8 76 DOCUMENTS RELATING TO THE XIV. EXTRACTS FROM THE NOVODAMUS CHARTER OF NOVA SCOTIA BY CHARLES I. OF ENGLAND. July 12/22, 1625. Sources. The so-called Novodanms 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 j)revious grants are here omitted. The preamble, which gives a good idea of the motives for encouraging coloniza- tion is inserted, also the novodanms clause which incorpo- rates Nova Scotia with Scotland for the purpose of seisin. The charter was expressly designed to secure all rights and privilege Avhich 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 Banuatyne Club, David Laing, editor, "Royal Letters, Charters, and Tracts, Relating to the Colonization of New Scotland, &c. 1621-1638" (Edinburgh, 1867), 27-45. An extract from the Novodamus Charter was printed from the records in the Plantation Office, Whitehall, with a French translation also, in " xMemoires 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 Araerique " (Paris, 1755), II., 226- 275; reprinted by Ebenezer Hazard, "Historical Collec- tions, Consistino; 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 KELATIKG TO THE and woiiieu, 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 lirst 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- 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 necessaiy, that seisin of all and sundry the foresaid lands, of the said country and lord- ship of Nova Scotia, be taken within our said kingdom of Scotland, and on the grounds and lands of the same, in the most eminent place thereof, which can neither conveniently nor lawfully be done without an express union of tho 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 sundr}^ 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 Peraaquid 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. TexL 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 INTuscongus 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 Peniaquid 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 live 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 lands, and we the above said Indian sagamores, do bind ourselves and our heirs forever, to defend the above said John Brown and his heirs in the quiet and peaceable possession of the above said lands. In witness whereunto, I the said Captain John Somerset and Unnongoit, have set our hands and seals, this fifteenth 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 KELATING TO THE XVI. EXTRACTS FROM THE CHARTER OF CANADA TO SIR WILLIAM ALEXANDER, BY CHARLES I. OF ENGLAND. February 2/12, 1628/9. Sources. The charter in fuvor 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 Eiver Canada, he has proposed establishments by him in those parts of the plantation which seem to be favourable to the propagation of the said religion, and tending only to the great honour and profit of our ancient kingdom of Scotland, whence it may come to pass that the said colonies to be planted by him and his successors, may by this means in process of time discover the foresaid way or passage to the said seas, 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 Gult 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 wiiich 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 Gull 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 Athenffi.um. 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 " Maseie 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 rehitive 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 Faytli &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 successoi'S 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 m3nes 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 adioiniug : 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 CouDcell established at Plymouth in the County of Devon for the plantiuge, 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 Rose well 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 coinonlie 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 raajne 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 myneralls as well royall mynes of gould and silver, as other mynes and myneralls whatsoeuer in the saide lands and premisses, or any parte thereof: Andall jurisdiccons, rights, royalties, liberties, freedomes, ymmunities, priviledges, franchises, preheminences, and coiiiodities 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 Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and of others whome they have associated vnto them. Have, for divers good causes and 90 DOCUSIENTS RELATING TO THE consideracons vs moveing, graunted and confirmed, And by theis presents of our especiall grace, certeu knowledge, and meere mocon, doe graunt and confirme 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 Gofle, 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 lymitts in the said recited indenture expressed, . . To be holden of vs, our heires and successors, as of our manor of Eastgreenwich aforesaid, in free and coiuon 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 d^maunds 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, male be the better maunaged 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, graunt, and confirme vnto our saide trustie and well beloved subiects. Sir Henry Rose- well, &c And for vs, our heires and successors, wee will and ordeyne. That the saide Sir Henry Rosewell, Sir John Yong, Sir Richard Salstonstall, Thomas TERRITORIAL HISTORY OF MAINE. 91 Southcott, John Humfrey, John Endicott, Symon Whet- combe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Noell, Eichard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Gofte, 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 lirme, 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 Privato Sigillo. WOLSELEY. PRAEDICT' Matthaeus Cradocke Juratus est de Fide et Obedientia Regi et Successoribus suis, et de Debita Exequu- tione OflBlcij Gubernatoris iuxta Tenorem P'^sentium, 18° Marti], 1628. Coram me, Carolo Caesare, Milite, in Cancel- laria Mfo. [In his hand] CHAR. CAESAR. [Indorsed] A perpetuity graunted to Sir Henry Rose- well & others, of parte of Newe England in America. [in his hand] WOLSELEY. XVIII. TREATY OF SUZA, BETWEEN LOUIS XIII. OF FRANCE AND CHARLES I. OF ENGLAND. Apkil 24 -, /.an May 4' J^o^^- Sources. For the Treaty of Peace and Confederation between Louis XIII. of France and Charles I. of England, made at Suza in Piedmont, ^l^ ^Z, 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 Majeste Britannique sur ies 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 Kiugs being by this present Treaty reunited in the same good Aflfection and Intelligence where they were formerly in, shall imploy themselves, and endeavour mutu- ally to give Aid and Assistance unto their Allies and Friends, according as by the Constitution of Affairs, and by the advantage of a common Good shall be required and suffered. And all this to the end thereby to procure an entire Quiet- ness for Christendom ; for the good whereof the Ambassadors of the two Crowns shall receive Propositions and Overtures. 6. All these things being re-established and accepted on the one and the other Part, there shall be sent reciprocally extraordinary ambassadors, Persons of Quality, with the Ratification of the present Agreements ; the which shall bring with them the denomination of Ordinary Ambassadors, that are to reside in the one and the other Royal Court, thereby to confirm again the Union, and to hinder all occa- sions that might trouble the same. 7. And whereas there are yet many Ships abroad in the Sea with Letters of Mart, and Commission to fight against their Enemies, which cannot so soon have knowledge of this Peace, nor receive Order to abstain from all Hostility ; therefore it shall be agreed upon by Article, That whatso- ever shall be taken during the space of two months after the signature of this present Treaty, shall be restored on the one and the other side. 8. The two Kings shall sign these present Articles on the 24*** day of the month of April, which shall afterwards be consigned and delivered at the very same time by their Commandments into the hands of the Lords Ambassadors of Venise, residing near their Royal Persons, to be mutually delivered to the said two Kings at their prefixed day, as soon as each of them shall have knowledg of the other that they have the said Articles in their hands, and from the day of the signature, all Acts of Hostility both by Sea and Land TERRITORIAL HISTORY OF MAINE. 95 shall cease, and Proclamations needful to this effect shall be published upon one day within the two Kingdoms. Given, &c. His Majesty at the instance of the Queen, in regard of the Peace concluded between the two Crowns, is graciously pleased that certain Priests and Recusants, who then were in several Prisons, should be released, and delivered to the French Ambassador to be transported beyond Seas, not- withstanding any former Orders against such Releases and Deliverances. XIX. EXTRACTS FROM THE GRANT OF^NEW HAMPSHIRE, BY THE GREAT COUNCIL FOR NEW HAMPSHIRE. November 7/17, 1629. Sources. For the grant of New Hampshire to Captain John Mason, November 7/17, 1629, an early transcript, which is the source of all printed texts, is in the Files, in the office of the Secretary of State for New Hampshire. It was first printed by Ebenezer Hazard, " Historical Collections, Con- sisting of State Papers and Other Documents" (Philadelphia, 1792), I., 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 Enghiud, 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 Colonys, in the Country called or known by the Name of New-England, in America, did by his Highness' Letters- pattents, under the Great Seal of England &c . . . . Give and Grant and confirm unto the Sir Ferdinando Gorges, Knight and divers others, whose Names are expressed in the said Letters-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. 97 well as to the End, that all the Lands, Woods Lakes, Kivers, 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," HI., 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 " Sufiblk Deeds," and published by John Ward Dean, editor, " Capt. John Mason, the Founder of New Hampshire" (Prince Society, Boston, 1887), 189-197. Extracts transcribed from the original are given by John Scribner Jenness, "Transcripts of Original Documents in the English Archives, relating to the Early History of the State of New Hampshire" (New York, 1876), 3-7, and "The Isles of Shoals, an Historical Sketch" (New York, 1875), second edition, Appendix II., 180-182. TERRITORIAL HISTORY OF MAINE. 99 No settlements resulted from the Liiconia 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'^ Ferdinando Gorges of London Kn* and Cap* John Mason of London Esq"" : on the other party — Wit- nesseth that whereas Our late sovereign Lord of famous memory King James for the making a Plantation and an establishing of a Colony or Colonys in the Country called or known by the name of New England in America did by his Highnesses Letters patent under the great Seal of Eng- land bearing date at Westminster the third day of November in the Eighteenth Year of his Reign, give grant & confirm unto the Right Hon'''* Lodowick Duke of Lenox George Marquis of Buckingham James Lord Marquis of Hamilton Thomas Earl of Arundell Robert Earl of Warwick S"" Ferdinando Gorges Kn* : and divers others whose Names are Expressed in the said Letters Patent their Heirs and Assigns that they shall be one body politicque and corporate perpetual and that they should have perpetual Succession and one Common seal or seals to serve for the said body and that they and their Successors shall be known called Incorporated by the name of the president & Councill established at Plyin" : 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 L.elC. 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 Kivers 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 w^th all perogatives luridictions royalties, priva- leges Franchises and Prehemiueuces 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 ot 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 amonsrst divers other things therein contained more full and at large it doth and may appear And whereas the said president and Councill have upon mature deliberation thought fit for the better furnishing & furtherance of the Plantation in those parts to appropriate & allot to Several and particular persons divers parcells of Lands within the precincts of the aforesaid granted premisces by his Majesty's said Letters patent. Now this Indenture Witnesseth that TERRITORIAL HISTORY OF MAINE. 101 the said president & Councill of their full free and mutual consent as well to the end that all the Lands Woods Lakes loucks Rivers waters Islands & Fishings with all other the Traficks profits and comoditys whatsoever to them or any of them belonging & hereafter in these patents mentioned may be wholly and entirely invested appropriated severed & settled in and upon the said S"" Ferdinando Gorges & Cap* lohn Mason, their Heirs and Assign's for ever as for divers special services for the advancment of the said Plan- tation and other good and 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"" Ferdinando Gorges & Cap*^ lohn their Heirs & Assigns and to their Associates and such as they shall allow of & take in to adventure & joyn with them in their Plantation traficks & Discoverys in the parts hereafter express'd and their Heirs & assign's according to contracts with them to be made All those Lands & Countrys lying adjacent or bordering upon the great Lake or Lakes or Rivers commonly called or known by the name of the River & Lake or Rivers & Lakes of the Irroquois a Nation or Nations of Savage people inhabiting into the Landwards betwixt the lines of West and Northwest conceiv'd to pass or lead upwards from the Rivers of Sagadahock and Merimack in the Country of New Eno-land 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 Lauds Soil Grounds Havens Ports Rivers Mines Minerals Pearls & precious Stones Woods Quarrys Marshes Waters Fishings Hunting Hawking Fowling Trade & Traffick with the Savages and other Commoditys & Hereditaments whatsoever with all and Sin- gular their appurtenances together with all perogatives Rights Royaltys luridictions priveleges franchises preheminences Libertys Marine power in & upon the said Rivers & Lakes. As also all escheats and Casualtys thereof Flotson letson & Lagon with Anchorages & other such Dutys Imnmnitys sects isletts and appurtenancys whatsoever with all the Estate right title Interest Claim & Demand whatsoever w'='* the said President & Councill & their Successors of Right ought to have or claim in or to the said portions of Lands Rivers & Lakes and other the premises as is aforesaid by reason or force of his Highnesses said Letters patent in as free large ample & beneficial Manner to all intents construc- tions & purposes what soever as in & by the said Letters patent the same are amongst other things granted to the said president & Councill aforesaid Except two fifths of the ore of Gold & Silver in these parts hereafter expressed which said portions of Lands Rivers Lakes with the appurt- enences the said S"^ Ferdinando Gorges and Cap' In° Mason with the consent of the president & Councill intend to name THE Province of Laconia To have & to hold all the said por- tions of Land and all the Lakes & Islands therein contained as aforesaid and all & Singular other the premises hereby ffiven granted alien'd enfeoffed & 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"" Ferdinand© 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 mannor of East Greenwich in the County of Kent in free and common soccage and not in Capite or by Knights service Nevertheless with such exceptions reservations Lim- itations & Declarations as in the said Letters patent are at large expressed Yeilding and paying into our Sovereign Lord the King his Heirs & Successors the fifth part of all the Ore of Gold & Silver that from time to time hereafter shall be there gotten & obtained for all Services Dutys & demands. And also Yealding & paying unto the said president & Councill & their Successors yearly the sum of Ten pounds of LawfuU money of England at one intire paym* within ten days after the feast of S' Michael the Archangel Yearly. And the said President and Counceil for them & their Successors do covenant and grant to & with the said S"" Ferdinando Gorges and Cap* lohn Mason their Heirs & assigns and their Associates from & after then sealing & delivering of these presents according to the pur- port true intent and meaning of these presents that they shall from henceforth from time to time for ever peacably and quietly have hold possess & enjoy all the aforesaid portions of Lands Lakes & Rivers with all the Islands and premises with the appurtenences hereby before given & granted or mentioned or intended to be hereby given and granted & every Part & Parcell therof without any Lett Disturbance denyal 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"" Ferdinando Gorges & Cap* lohn Mason their Heirs & Assigns & their Associates contractors as aforesaid by these presents. That they the said president & Counceil shall at all times hereafter upon reasonable request at the only proper costs and charges in the Law of the said S'' Fer- dinando Gorges and Cap* lohn Mason their Heirs & Assign's & their Associates do make perform suffer execute & will- ingly consent unto any further Act or Acts conveyance or conveyances assurance or assurances whatsoever for the good & perfect investing assuring conveying & sure making of all the aforesaid portions of Land Lakes Islands & all & Singular their Appurtenances to the said S"^ Ferdinando Gorges & Cap* lohn Mason their Heirs & Assign's & their Associates as by them their Heirs & Assign's & their Associates or by his their or any of their Counceil learned in the Law shall be devised advised or required And further it is agreed by & between the said Partys to these Presents & the said y Ferdinando Gorges & Cap* lohn Mason for them their Heirs Executors Administrators and Assign's & their Asso- ciates do covenant to & with the said president & Counceil and their Successors by these presents that if at any time hereafter there shall be found any ore of Gold & Silver within the ground wherein any part of the said premisses that then they the said S"" Ferdinando Gorges & Cap* John Mason their Heirs & Assign's and Associates shall yeald & pay unto the said president & Counceil their Successors & Assign's One fifth part of all such Gold & Silver ore as shall be found within & upon the premises & digged & brought above Ground to be deliver'd above ground and that always within reasonable and convenient time if it be demanded after the finding getting & digging up of such ore as afore- said without fraud or cunning and accordingly to the true intent and meaning of those Presents. And the said S"" Ferdinando Gorges & Cap* lohn Mason do further covenant TERRITORIAL HISTORY OF MAINE. 105 for them their Heirs & Assign's & their Associates that they will establish such Government in the said Portion of Land & Islands 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"" Ferdinando Gorges and Cap* lohn Mason do Covenant & Grant to and with the said President & Counceil their Successor's and Assign's by these Presents that the said S' Ferdinando Gorges & Cap* lohn Mason shall & will before the expiration of three Years to be accounted from the day of the Date hereof have in or upon the said portions of Lands or some part therof one Fort with a competant guard & ten Familys at the least of his Majestys Subjects resident and being in & upon the same premises or in default therof shall &, will Forfit & lose to the said president & Counceil the Sum of One Hundred Pounds Sterling Money & further that if the said S'" Ferdi- nando Gorges & Cap* lohn Mason their Heirs and Assigns or Associates shall at any time hereafter alien these prem- ises or any part therof to any Foreign Nation or to any person or persons of any Foreign Nation without the Special licence consent and agreement of the said President & Counceil their Successors or Assign's that then the part or parts of the said Lands so alien'd shall Immediately return back again to the use of the said president & Counceil and the said President & Counceil for themselves and their Suc- cessors do further covenant & grant to and with the said S'' Ferdinando Gorges & Cup* lohn Mason their Heirs & 106 DOCUMENTS RELATING TO THE Assign's and Associates And by these Presents that it shall & may be Lawfull at all times hereafter to and for the said S"^ Ferdinando Gorges & Cap* lohn Mason their Heirs Assign's & their Associates and the Deputys Factors Ser- vants & Tenants of them or any of them to have free Egress Regress way & passage to enter & pass into & Return from and to any of the said demised Lands Lakes & Rivers with their Ships boats Barkes or other Vessels with their muni- tion & their Cattle and Commoditys of what nature soever from by & through any of the Lands Rivers Harbours Creeks or Sea Ports upon the Sea Coasts or Fronteir parts of New England aforesaid belonging to the President & Counceil aforesaid without any Lett trouble — Interruption molestation or hindrance of them the said President & Counceil their Successors or Assigns or if any other person or Persons claiming under them or by their Means or pro- curement. And for the better accommodation of them the said S"^ Ferdinando Gorges & Cap' lohn Mason their Heirs Assigns and Associates in their intended Traficks & Plantations above in the said Lakes of the Irroquois whither their Goods Merchandizes from the Sea Ports are to be after Landing Transported, it shall be Lawfull for them to make chois of & take & possess for the use of them the said S"^ : Ferdinando Gorges & Cap' : lohn Mason their Heirs Assign's & Associates and their Deputys Factors Tennants and Planters of their Colouys 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"" Ferdinaudo Gorges & Cap' lohn Mason or to their certain Attorney or Attorneys in that behalf according to the true intent and meaning of these presents ratifying confirming & allowing all and what- soever their said Attorney shall do in or about the premises by these Presents. In witness wherof to one of these present Indentures as remaining in the Hands of the said S'^ Ferdinando Gorges & Cap' lohn Mason the said presi- dent and Counceil have caused their Common Seal to be affixed and to the other part of these Present Indentures remaining in the Custody of the said President & Counceil the said S"^ Ferdinando Gorges & Cap' lohn Mason have put to their hands & Seals giving the day and Year first above written. 108 DOCIMENTS RELATING TO THE XXI. THE CHARTER OF PLYMOUTH COLONY BY THE GREAT COUNCIL FOR NEW ENGLAND. Januaky 13 23, Ui2i\ 30. Sources. The original Charter for the Old Colony of Plymouth, ■^"ith lands on the Keunebee, which ^Yas oontirnied to AVil- liam Bradford and associates by the Great C^ouncil, January loy 23. 1620/30, is in the Registry of Deeds at Plymouth. With the charter is the box iu 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, theu 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 2y 12, UUl/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 Plymptou, " after a deal of labor and cost." It was used iu 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, 123-12i». The charter was first printed by Ebenezer Hazard, '• Historical Collections, ConsistiuiX of State Papers and Other Documents" (Phila- delphia, 1792), I., 298-303 : othertexts arc William Brigham, '• The Compact with the Charter and Laws of the Colony of Xew Plymouth" (Boston, 1836V 21-27 ; William T, Davis, ''The History of the Town of Plymouth, with a Sketch of the Oriirin and Growth of Separatism ' (Philadelphia, 1885), TEEEITOEIAL 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*'^'' Lodwick late Lord Duke of Lenox George late Lord Marques of Buckingham James Marques Hamilton Thomas Earle of Arundell Robert Earle of Warwick S' fferdinando Gorges Kn* & diuers others whose names are Expressed in the s*^ Letters Pattents, and their Successors that they should be one Body Politique and Corporate Perpetually Consisting of forty persons & that they should haue perpetuall Succes- sion and One Comon Scale to Serue for the said body and that they and their Successors should be Jncorporated Called and knowne by the name of the Councill Established att Plymouth in the County of Deuon for the Planting Ruling 110 DOCUMENTS RELATING TO THE ordering and gouerning of new England Jn America, And also of his Speciall Grace Certaine Knowledge and meere motion did giue grant and Confirme unto the said President and Councill, and their Successors for Euer, under the Reseruations Limitations and Declarations in the said Letters Patents Expressed All that part and portion of the Said Country now Called New England in America, Scituate Lyeing and being Jn breath from forty Degrees of Northerly Latitude from the Equenoctiall Line to forty Eight Degrees of the said northerly Latitude Jnclusively, and in Length of and in all the- Breadth aforesaid throughout the maine Land from Sea to Sea together also with all the firme Lands Soyles Grounds Creeks Jnletta Hauens Ports Seas Riuers Jslands Waters flfishings Mines and Mineralls Pretious Stones quarries and all and Singular the Commodities Jurisdictions Royalties Priuiledges ffranchises & Preheminences both within the said Tracts of Land upon the Maine as also within the said Jslands adjoyning. To hauehold possess and Jnjoy ; all and Singular the aforesaid Continent Lands Territorys Jslands Hereditaments and Precincts Seawater ffishing with all and all manner their Commodities Royalties Preuiledges Prehemenences and ProflStts that shall or may arise from thence with all and Singular their appurtenances and Euery part and parcell thereof unto the said Councill and their Successors and assignes for Euer To be holden of his Maj- esties his heires and Successors as of his Manner of East Greenwich Jn the County of Kent Jn ffree and Comon Soccage & not in Capite nor by Knight Seruice. Yeilding and payeing therefore unto the late Kings Majesties his heires & successors a ffifth part of the Oare of Gold and Siluer which frotn time to time and att all times from the Dates of the said Letters Pattents Shall be there gotten had and Obtained for and in Respect of all and all manner of Dutyes Demands and Seruices whatsoeuer to be Done and TERRITORIAL HISTORY OF MAINE. Ill paid unto his s*^ Late Ma"® his heires and Successors as in and by the said Letters Pattents amongst Sundry other Priuiledges and matters therein Contained more fully and att Large it doth and may appeare Now Know 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 planted a Towne Called by the Name of New Plym° 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 ffrant Baro-aine Sell Allien in tfeeof alott Assign And Con- firme unto the said W" Bradford his heires associates & assignes all that part of New England in America aforesaid and Tract and Tracts of Land that lyes within or betweene a certaine Reuolett or fiunlett 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 uttraost bounds of a Country or place in New England Commonly called Poco- nockett ats Sawnonsett ; westward and an other Streight line Extending it Self Directly from the mouth of the said Riuer called Cohasett 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 Sawanisett Do Extend together with one half of the s^ Eiuer called Narragansett Riuer and the s^ Reuolett or Runlett called Cohasett ats Conahasett and all Lands Riuers waters hauens Ports Creeks ffishings fowlings and all hereditaments Proffitts Comodityes and Jmoluments What- soeuer Scituate Lyeing and being or ariseing within or betweene the said Limitts 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 he 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 Baro-ained sold Enfeofed a Lotted and Sett ouer and by these presents doe Clearely and absolutely glue grant bargaine Sell Alien Jnfeoffe a Lott assigne and Confirme unto the said W"" Bradford his heirs Associates and Assignes all that Tract of Land or part of New England in America afores'^ which lyeth within or betweene and Extendeth it Self from the utmost of Cobestcont alias Comasecont Which adjoyneth to the Riuer Kenibeck alias Kenebeckick towards the Westerne Ocean and a place called the falls of Nequam- kick in America aforesaid and the Space of fifteen 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 Jugress ; Egress & regress TERRITORIAL HISTORY OF MAINE. 113 with Shipps Boats Shallops and other Vessels from the Sea Commonly Called the Westerne Ocean to y^ s"^ Riuer called Keuebeck and from the Riuer to the said Westerne Ocean togeather with all prerogatiues Rights Royalties Jurisdictions Priuiledges ffranchises Libertyes and Emunities ; and also Marine Lyberty with the Escheats and Causalityes thereof (the Admiralty Jurisdiction Excepted) with all the Jnterests Rights titles Clame and Demand whatsoeuer which the s"^ Councill & their Successors now haue or ought to haue and Clayme and may haue and acquire hereafter in or to any the s'' 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"* premisses aboue mentioned, to be granted with their & cuery of their appurtenances to the said W^" Bradford his heires associates and assignes for Euer to the Onely proper and absolute vse and behoof of the a^ W"" Bradford his heires Associates and assignes for Euer. Yeilding and payeing unto Our lat Souer- aigne Lord the King his heires and Successors for Euer One fifth part of the Oare of the Mines of Gold and Siluer, and one other fifth part thereof to the president and Councill, which shall be had possest & obteined within the precincts aforesaid for all Seruices & demands Whatsoeuer And the said Councill Do further Grant And agree to and With the said W^' Bradford his heires associates and assignes and Euery of them his and their ffactors Agents Tenants and Seruants and all such as he or they shall send or Jmploy about his s'' perticular Plantation Shall and may from time to time fi-eely and Lawfully Trade and trafique as well with the English as any of the Natives within the precincts afores'* with Liberty of flashing upon any Part of the Sea Vol. I. 9 114 DOCUMENTS RELATING TO THE Coasts and Sea Shores of any of the Seas or Jslands ajacent & not being Jnhabited or otherwise disposed by order of the said president and Councill & also to Jmport Export and transport their Cattle and Merchandize att their Will & pleasure paying Onely such Duty to the Kings Majestie his heirs & Successors as the said president and Councill doe or ought to pay, without any other taxes Jmpositions Burdens or Restrictions upon them, to be Jmpressed, And further the said Councill doe grant and agree, to & with the said W" Bradford his heires Associates and Assignes, that the Persons transported by him or any of them shall not be taken away Jmployed or Comanded Either by the Gouer- nour for the time being of New England or by any other Authority there from the Bussiness and Jmployements of the said W"" Bradford and his Associates his heires and assignes ; Nessasary deiience of the Country Preseruation of peace Supresseing of tumults with in the Land, Tryalls in matters of Justice by appeall upon a Speciall Occassion onely Excepted, also it shall be Lawfull and free for the said W™ Bradford his associates heires and assignes att all times hereafter to Jncorporate By some usuall and fitt name and title him & themselves or the people there Jnhabiting under him or them, with Liberty to them and their Successors from time to time to frame and make Orders Ordinances and Constitutions as well for the better gouernmen' of their 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® President and Councill hereafter to be Established ; And further itt TERRITORIAL HISTORY OF MAINE. 115 shall be Lawful! and free for the said W° 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 Deffences 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 b}^ 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 Liraitts 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™ Bradford his heires Associates and assignes to take to their Owne use and behoofe and the other moyetie thereof to be deliuered by the said W" Bradford his 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™ 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 oriant to & with the said W™ Bradford his heires Associates and assignes by these presents that they the said Councill shall att any time hereafter upon Request, att the onely proper Charge and Costs of the said 116 DOCUMENTS RELATING TO THE W™ Bradford his heires associates and assigaes Do make Suffer Execute and Willingly Consent unto any other Act or Acts Conueyances assurance or assurances, whatsoeuer ; for the good and perfect Jnuesting assureingand Conueyeing and Sure making of all the aforesaid Tract or Tracts of Lands Royaltyes mines and Mineralls Woods flBshings and all & Singular their appurtenances unto the said W™ Brad- ford his heires associates and assignes as by him or them or his or their heirs and Assignes or his or their Councill Learned in the Law shall be deuised aduised or required and Lastly Known Ye that wee the Councill haue made Constituted and Deputed authorized and appointed, Capt" Miles Standish or in his absence Edward Winslow, John Rowland and John Alden or any of them to be Our true and Lawfull Attorney & Attorneys Joyntly & Seuerally in Our Name and Steed to enter into the said Tract or Tracts of Land & their premisses with their appurtenances or into Some part there of in the name of the whole for Us and in Our name to take possion and Seizen there of and after such possession & Seizen thereof or Some part thereof in the Name of the Whole, had and taken there for Us and in Our Names to deliuer the full and peaceable possession and Seizen of all & Singular the s*^ mentioned to be granted premisses unto the said W"" Bradford his heires associates and assignes or to his or their Certaine attorney in that behalf Ratifieing allowing Confirming all whatsoeuer Our said attorney shall doe in or about the premisses Jn Wit- ness whereof the Councill established att Plym" in the County of Deuon for the Planting ruling Ordering and Gouerning of New England Jn America haue hereunto put their hand and 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^ Deffender of the faith y^ Anno Domini 1629./ Robert Warwick L. S. TERRITORIAL HISTORY OF MAINE. 117 XXII. GRANT OF LAND NORTH OF THE SACO TO THOMAS LEWIS AND RICHARD BONIGHTON BY THE GREAT COUNCIL FOR NEW ENGLAND. February 12/22, 1629/30. jSources. 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, ^^^f f , 1672, and is found in "York Deeds," II., fols. 110, 111. It was first printed by Georsre 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 Memorv, late King of England, Scottland, France & Ireland, by his High- ness letters Patents, & Royall Grant vnder the great seal of England, beareing date the 3"^ day of Novemb'"In ye eighteen yeare of his Reign of England, France & Ireland &c ; for the 118 DOCUMENTS KELATING TO THE causes y"" in expressed did absolutely glue grant & Confirme vnto the s'^ Counsell for the affayres of New England in America & thejr successossors for euer, all the Land of New England, lijug & being from fourty to forty eight degrees of Northerly latitude & in length by all that breadth aforesd from sea to sea through out y* mayn land togeather with all the woods waters, Rivers soyles hauenes, harbours Yslands & other CoiTioditys 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'"vnto due relation being had, more at large It doth & may appeare ; Now know yee that y® sayd Counsell for the affayres of New England In America, as well for & In consideration that Thomas Lewis Gentle : hath already 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* Kichd Bonighton, & alsoe with there assotiates & Company have vndertaken at thejr own proper Costs & Charges to transport fiuety Prsons thither with in seaven yeares next Insewing, to plant & Inhabitt there, to y^ advancement of the Generall plantation of y' Country, & the strength & safety y"" of amongst the Natiues or any other Invaders : Alsoe for the Incoragement of the sd Thom* Lewis, & Cap' Ric : Bonighton & other Considerations the s^ Consell there vnto moueing, haue given granted Infeotfed & Confirmed, & by this Prsent writeing, doe fully clearly & absolutely give grant 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 w*soever other name or names the same is or shall bee hereafter Called or known by, scituate lijng & being between the Cape or bay coiTianly 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'' 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" 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 m or with in the lymitts or bounds aforesayd, or to the sayd Laud lijng with in the sayd Lymitts or bounds belonging, or in any wise app''tayneing : To haue & to hould all & singular y® 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 Royalty s & all other pfetts, commoditys Emoluments, & hereditaments w'soever, before in & by these Presents, given & granted, or here in ment, mentioned or Intended, to bee hereby given, or granted with thejr & every of thejr appurtenances & every part & Prcell thereof (except before excepted) to ye onely 120 DOCUMENTS EELATING TO THE proper vbe & hehoofe of the sd Thomas Lewis, & Cap* Richard Bonighton, thejr heyres Assotiates & assignes for ever, vnto the s*^ Tho : Lewis & Cap' Richd Bonighton thejr heyres Assotiates & assignes for ever/ Yeilding & paijng vnto o"" Soveraign Ld the King, one fifth part of gould & silver oare, & another fifth part to the Counsell aforesayd, & thejr successors : to bee houlden of the sd Covnsell & y' successors by the rent hereafter in these Prsents reserved Yeilding & paijng therefore yearly for ever vnto the sayd Counsell thejr successors or assignes, for every hundred acres of the sd Land in vse Tvvelue peence of Lawfull mony of England (Into the hands of the rent gatherer (for the tyme being) of the sayd Counsell thejr heyres or successors for all scervice whatsoeuer : And the sayd Counsell for the Affayres of New England in America aforesd, do by these Prsents nominate, depute, authorize appoynt & in thejr place & steade putt Willia : Blackestoon of New England aforesd Clerke, William 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 ^misses, with the appurtenances by these Prsents, given & granted, or into some part there of in the name of the whoole, & peaceable & quiett possession & seazin there of for y"* to take & y® same soe had & taken in y'^ names & stead to deliver possession & seazin there of vnto the sd Thomas Lewis & Cap' Richard Bonighton, thejr heyres Assotiates & assign according to the Teiio'^ forme and aeffect of these Prsent, ratifljng confirming & allowing all & w'soever the sayd Atturney or Atturneys* or either of them shall doe In or about y^ pemisses by vertue here of ; In witness w'of the sayd Counsell for the afiayres of New England aforesayd, haue here vnto caused thejr coman Scale to bee putt yeovon the Twelfth day of flfebrua : Ano TERRITORIAL HISTORY OF MAINE. 121 Dom~: 1629 : & In the fifth yeare of the Reign of our Sou- eraign Ld Charles by the grace of god King of England Scottland France & Ireland Defend'" of the faith &c : R ; Warwicke -Edw : Gorges/ June 28 : 1631 : Possession Levery & seazin had & Delivered by the with in named Edw : Hilton Gentled one of the Commissioners nominated by the Lords of y* Consell for y^ affayres of New England, vnto y® with in named Thomas Lewis Gentle In y® ^sents & 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. Joh n Boniffhton vnto the commissioners of the Generall Court, being examined y'^ with word for word Attests/ 9 : 5^^ m" 1660 Thomas Savage A true Coppy of this Pattent transcribed out of a coppy of y* originall Attested by Cax>^ Tho : Sauage/ & y' with com- pared word for word this 29**^ of March 1672 : p Edw : Rish worth ReCor : XXIII. GRANT OF LAND SOUTH OF THE SACO TO JOHN OLDHAM AND RICHARD VINES, BY THE GREAT COUNCIL FOR NEW ENGLAND. February 12/22, 1629/30. Sources. The grant to Oldham and Vines of land on the south side of the Saco, February 12/22, 1629/30, by the Great Coun- cil, included the area now occupied by the city of Biddeford. 122 DOCUMENTS RELATING TO THE The original document was recorded at York, July 19/29, 1643, and is found in " York Deeds,"!., Part II., folios 7, 8. A copy from the manuscript deeds was printed by 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 whonie this p''sent writeing Indented shall come The Councell for the affaires of New England in America send greeting in our Lord God euerlast- ing. Whereas king James of famous memory late King of England Scotland ffrance and Ireland by his highnes Ires Patte[nt]s and Royall grant vuder the greate scale of Eng- land beareing Date the third Day of Nouember in the eighteenth yeare of his Raigne of England, ffrance and Ireland, for the causes therein expressed, did absolutely giue 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*"* all the woods, w^aters, Riuers, Soiles Havens harbours Islands and other comodities whatsoeuer therevnto belonging, w'" Diuers other priuiledges, p'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 As well for and in consideration that John Ouldham Gent a planter in New England in America aforesaid and other his seruants haue for these six yeares now last past lined in New England aforesaid. And for that the said John Ouldham hath hereto- fore at his owne proper costs and charges transported thither TERRITORIAL HISTORY OF MAINE. 123 and planted there Diuers psons and hath for the eflecting of that soe good a worke vndergone greate labour and Dangers And in consideration alsoe, that the said John Ouldham to- gether w"^ Richard Vines Gent 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 enfeofled and confirmed, and by this their p^seut writeinge Doe fully clearly and absolutely giue, grant eufeoffe 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 knovvne 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 fl:bwre miles in a straight line, accounting seaventeene and threescore yards (according to the standard of England to euery mile, and eight English miles vpp into the Maine land of the south south side of the Riuer Swackadock after the same Rate from the sea through all the breadth of fioure miles aforesaid Together w"' 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'^ all the lands Riuers, Mines , 124 DOCUMENTS RELATING TO THE mineralls of w' kind or nature soeuer, woods, quarries, marshes, waters, Riuers, lakes, flashings, huntings, hawk- ings, ffowleings. Commodities, emoluments and heridita- ments whatsoeuer with all and singular their and every of their appur?nances in or within the limitts and bounds aforesaid or to the said lands, lyeing with in the same limitts or bounds belonging or in any wise appertaineing. To haue and to hold all and singular the said lands and p^'misses, w*** all and singular the woods, quarries, marshes, waters, Riuers, lakes, flfishings, 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 puts giuen and granted, or herein meant raencond or intended to be hereby giuen or granted \9^^ their and euery of their appurtnances, and euery pte and pcell thereof except before excepted vnto the said John Ouldham and Richard Vines their heires associats and as- signes for euer, to the only proper vse and behoofe of the said John Ouldham Richard Vines their heires Associats and assignes for euer, yeilding and payinge vnto our soueraigne lord the King one fift pte of gould and siluer oares, and another fift pte to the Counccll aforesaid and their succes- sors To be holden of the said Councell and their successors by the rent hereafter in theis presents reserued, yeilding and payeing therefore yearely for euer vnto the said Coun- cell their successors or assignes for euery hundred acres ot the said land in vse twelue peace 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 Gierke, 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 porcou of land and other the p-'misses with appurfnances 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 Deliuer possession and seisin thereof vnto the said John Ouldham Richard Vines their heires, associats, and assignes accordinge to the tenor forme and effect of theis pnts, Ratifieing confirmeing and allowinge, all and whatsoeuer the said atturney or attur- neyes or either of them shall Doe in or about the p^misses by virtue thereof. In wittnes whereof the said Councell for the affaires of New England aforesaid haue herevnto caused their Coiiion scale to be putt yeouen the twelueth Day of ffebruary. Anno Doinui 1629, And in the fift yeare of the raigue 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 GREAr COUNCIL FOR NEW ENGLAND. March 13/23, 1629/30. Sources. The grant of lands at Muscongus to John Beauchamp and Thomas Leverett by the Great Council, March 13/23, 126 DOCUMENTS KELATING TO THE 1629/30, has also been known as the " Lincoln Grant "from the Enoflish 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 yc Counsell established at Plimoth in y* County of Devon for y* planting Ruling Ordering and Governing of New England in America for divers good Causes & Con- siderations them thereunto especially moving Have given granted Bargained Sold EnfiefFed allotted and Sett over & by these presents do clarly & absolutely give grant Bar- gaine Sell alliene enfiffe allott & assigne & Confirm unto John Beauchamp of London Gentlemen, & Thomas Leverett of Boston in y'' County of Lincorn gen' their heirs associates & assigns all & Singular those lands Tenements & herediti- ments whatsoever with y® appurtenances thereof in New England afores*^ which are Cittuate Lying & being within or between a place thence Commonly Called or known by y* name of Musrongruss towards y* South orr Southwest & a strait line Extending from thence directly ten Leaugs — up — into y® Maine land & Contains thence toward y* TERRITORIAL HISTORY OF MAINE. 127 great Sea Comonly Called y'^ South Sea & y^ utmost Limits of y® space ten Leauges — — — — on y* North and North East — of a River in New England afores'^ Commonly Called Penobscott Towards y^ North & Northeast & y" great Sea Commonly Called y® westarn ocean, towards y® east & astait & direct line extending from y^ most westeran part & Point of y® S'' Straight line which extends from Mecongoss afores*^ towards y*^ South Sea to y® uttermost northeram limmits of y*^ S'' ten leagues on y® North side of y^ S'' River of, Penobscott towards y^ west & all land & ground wood Soiles River waters Fishings Herre- dittments Profitts Commodityes Priviledges Fraimchises — & Emoliments whatsoever Situate Lying cS; being arising happening or Remaining or which Shall arise or Remain within y^ Limmits & bounds afores*^ or any of them together with all S'' land y^ ly & be within y'^ Space of Three miles within y*^ Space of s*^ land & pmisses or any of them to have & to hold all & Singulary y*" S"^* land Teniments & heredit- ments & pmisses whatsoever with y^ appurtanances & every part & parcell thereof unto y^ S*^ John Beauchamp & Thomas Leverett their heirs associates & assigns forever to their only proper & absolute use & behoofe of y^ s"^ Jn° Beau- champ & Tho* Leverett their heirs associates & assigns forevermore to be Holden of y*" Kings most Exellent Majesty & Successors as of his manner of East greenwich by ffealtie only & not in Capite nor by length of Service Yielding & paying unto his majesty his heirs & Successors y« fifth part of all Such Oare of Gold & Silver y* Shall be gotten & obtained in or upon y'' pmisses or any part there- of In Wittness whereof y® s*^ Counsell established at Plymoth in y^ County of Devon for y"" Planting Ruling ordering and Governing of New England in America have hereunto putt y^ Common Seal y*" Thirteenth day of March in y^ first year of y*" Reign of our Soveraign Lord Charls by y^ Grace of God 128 DOCUMENTS RELATING TO THE King of EngUmd Scotland France & Irlaud Defender of y* Faith &c. Anno Domini 1629. R. AVarwick. Seal Eecorded according to y« Oraganall Jan^^ 17th 1721. p Abra"" Preble Reg"" XXV. GRANT TO CLAUDE LA TOUR, BY SIR WILLLA.M ALEXANDER. Apkil 30 1 pop. May 10' J^^^^- Sou7'ces. 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, ^^y'j^, 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, |"pTember"3» 1659, in order to secure an English registry, because Acadia had become subject to England by the advantages gained by Sedgwick in 1654. The document was first printed bv Ebenezer Hazard " His- torical Collections " (Philadelphia.' 1792), I., 294-298. The English translation is .in " Sutiblk Deeds,'* HI., folio 276, and the French instrument of the same date is in folios 272-275. Among other documents proving the English claim to Acadia there is also recorded the patent by which Alexander conferred the title of baronet on La Tour, 1629/30. The text adopted is the English translation in the " Suffolk Deeds." TERRITORIAL HISTORY OF MAINE. 129 Text. In the name of God Amen know all those who these Letf^ Pattents shall see or shall heare read, that vpon this p'^sent thirtie day of Aprill in the yeare of our Lord one thousand Sixe hundred and thirtie before me Josh Maynet Notary & Tabellion Royal 1 dwelling in London Admitted and sworne by the Authoritie of o'' SoQaigne Lord the King, & in the p''nce of the witnesses, herevnder named were p''sent in pson My Lord W"" Allexander Knight Lord of Menstrie & Cheife Secretary of State for the Kingdome of Scotland for his said Ma"*^^ ot great Bretany privy Counsello"" of State, & Leiu* vnto his said Ma"*^ in New Scotland in Amer- ica on the one pt who haueing by Lett" Pattents, from his said ma*'*^ under the great scale of Scotland, the Dona- tion of all the Said Countrey of New Scotland called by the french the Countrey of Accadye, in America, vnto him & his hey res 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*^'' he beareth vnto S'' Claude de Sainct Estienne Knight Lord of La Tour & of Vuarre, & Vnto Charles de Sainct Estienne Esq'', Lord of Saint Denicourt his Sonne on the other p* the Said S'" Claude de S' Estienne being p^^sent accepting & by these p^'iits 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''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 lugo- 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 vf"^ said lands & seas the said Knight de la Tour & his sonne shall receiue all the fruicts, profits emol- uments that may provene generally and whatsoeuer as of theire owne proper & loyall acquest in all right & Jurisdic- con & priviledges whatsoeu'' as much or more then any Marquis, Earle or Baron holds or rayseth from the Crowne of Scotland, according to the Lawes or Letf' Pattents vnto the said Lord Allexander, & vnto them graunted by the Kings of Scotland, within the w'^'^ Countrey, Lands & seas aboue named, they may make build & erect villages, Townes, & Castles & ffortresses as they shall see good, w^^" said Knight de La Tour, and his said Sonne shall hold & enjoy e, 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"" W°» Alexander to them by vertue of the power to him by the said Pattents giuen hath erected and entitled by two Barronnies, namely the Baronny of Sainct Estienne & the Baronny of de La Toure, w*^^ may be Limitted & bounded equally betweene the said Knight de La Tour & his Said Sonne, if they shall see cause, vpon Condition that the said Knight de la Tour, & his said sonne, as he hath graissed & for his Said Sonne by these p'"nts doth pmisse to be good & faithful Vassalls of the said Sov'^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^'^ there shall be planted & resident, & shall maintaine good & faithfull Societie & Vnion & the respect due vnto the said Lord Alexander as vnto the Leiu* of the King, the said Lord Alexander gmissing also on his part Amitie Societie Correspondency assistance & protection from his said Ma"^ & from him selfe his Leiu* ffurthermore & over & aboue the said Lord Alex- ander graunteth vnto the said Knight de La Tour & vnto his said Sonne & vnto theire heyres & successo''^ & Assignes for euer the right of Admiraltie in all the extent of theire said Lands & Limitts The said Lord Allexander & Knight de La Tour to hold & fullfill the Contents of what is aboue, with- out euer in any sort whatsoeuer violating thereof vpon the obliging of all theire goods p'nt & to come & vpon the psen- altie of the Ordinances appointed by the Lawes Established on the one p* & the other to the violation hereof, the said Lord Allexander pmissiug over & aboue to make or Cause to be made more ample Writing in good & due forme, according and Conformably vnto the said Letf^^ Pattents vnto him graunted by his said Ma"^, whereof a Coppie Collatioued with the Originall shall be giuen vnto the Said Knisht de La Tour & his said Sonne & the said Lord Allex- ander shall cause these p''nts to be agreed vnto, & ratifyed by his said Ma^"® vnder the great Scale of Scotland, if need shall require, in witnes of the truth hereof there are two writtings of the same tenor made & jndented w'=^ each ptie hath respectiuely signed sealed & delivered, this made & passed in Martins Lane nere vnto this Cittie of London in the p'^iice of s"" Allexander Strachan Baronet of Thornton, George Angush Peter James & Rich'^ Grimes witnesses herevnto Called & admitted Signed W Alexander a litle scale 132 DOCUMENTS RELATING TO THE the m''ke George Angfush of In testimony of the p''misses I the aboue named Notary being required A Strachan haue Signed this p''nt instrm' w"' my Rich Grames jaanuall vsuall : signe I doe approve of these words (theire heires & Rich : Grimes) being interlyned A Great Scale in green wax aflSxed and pendant below 1 Peter James A endorced Wee the vndersigners doe Certifie that Josh : Maynet who hath vndersigned this instrum* here before, written with his owne hand is a Notary Royall dwelling at London by the Authoritie of the King our Soveraigne sworne and admitted, & that full faith & Credit ought to be giuen both in judge- mS & out of the same vnto the acts & jnstrum'* & other writings by him so vndersigned — made at London the SO*"" day of Aprill 1630 Carolus Demetrius Not pub'^"* Tho : de wainter Not pub*="* This deede before mentioned being translated hath beene read & Comped w*^ y*^ Originall in french by me, & I finde it no way differing in substance y"" from 27 : 6 : 1659. Jo : Endecott Gov"" This deede so translated is Entred & Recorded in the booke of Reccords for the County of Suffolke in New Eng- land at Request of the sajd Joshua Scottow Attourney to S* Charles de S' Estienne Lord of La Tour Barronet of New Scotland word for word Compared w'*" the originall this 24'** of August 1659. p Edw. Rawson Recorder TERRITORIAL HISTORY OF MAINE. 133 XXVI. NOTES ON THE LYGONIA GRANT BY THE GREAT COUNCIL FOR NEW ENGLAND. June 26 t cof\ July 6' ^^^^ Sources. Of the grant of land by the Great Council :}X^6» 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 " Winthrop Papers " Massachusetts Historical Society, " Collections," Series IV. VII., 88, 89. The name, Lygonia, was bestowed on the province in honor of Cicely L^'gon, mother of Sir Ferdinando Gorges. The common designation. Plough Company, or Plough Patent, was probably from the ship which conveyed the company of " familists " to New England, although James Sullivan, " History of Land Titles in Massachusetts," sug- gests the tenure " in free and common soccage," or hy 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 Tarfrey, who was the attorney of Edward Rigby, grandson of Sir Alexander Rigby. Banks draws attention to the disparity of statements between Tur- frey and contemporary writers in certain particulars. The document however throws some light on the early history of the province of Lygonia, and is accordingly inserted under the belief that this is the first time it has been printed. Text. 1620 Nov. 3 King James the First, by Letters Patents in the IS**" year of his Reign grants unto the Duke of Lenox, the Earle of Warwick, S"" Ferdinando Gorges & als all the Tract of Laud called New England in America, incorporating them into a Body Politique to be known by the Name of the Councill of Plymouth, giving them Power to grant Plantations, make Laws &c. The Earle of Warwick, S'" Ferdinando Gorges leso June 26 for themselves & the rest of the Councill of Plym- outh, by Indents dated 26"' June in the Sixth year of the Reign of King Charles the First, Grant unto Bryan Bincks, John Dye, John Smith & others their Associates their heirs & Assigns for Ever, Two Jslands in the River Sagedahock, near the South Side thereof about 60 miles from the Sea & also all the Tract containing 40 miles in Length & 40 miles in breadth upon the South side of the River Sagedahock, with all Bayes, Rivers, Ports, Inletts, Creeks &c together with all Royalties & Priviledges within the Precincts thereof calling the same by the Name of the Province of Ligonia with power to make Laws &c. In the Year 1630, The S^ Bryan Bincks, John Smith & others. Associates go personally into New Apr. 3 15 Car: 1st Apr. 7 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'' Plantations & Province. S' Ferdinando Gorges obtaineth from the King i^o 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 & extendins: 160 miles from the Sea into the Main Land & that Territory is by those Letters Patents named the Province of Main. John Dye & John Smith, Tho : Tupe & other 1643 Survivors of Bryan Bincks & others with their Associates Grantees of the S'^ Province of Ligo- nia, do grant unto Alexander Rigby of Rigby in the County of Lancaster Esq'' & his heirs forever, the S'^ Province of Ligonia, with all their Estate interest & claim to the S*^ Land & Bays & Premises Afterwards Alexander Rigby makes several loans 1644 and grants of severall parcells of Land within the gd Province of Ligonia 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*^ Province which were about the 30*^ July 1644 confirmed by the Earle of Warwick & others the Comissioners appointed by Parliament for Foreign Plantations, by w^hich S'* constitutions the S** Alexander Rigby his heirs & Assignes are appointed to be President & Presidents of the S"^ Province of Liffonia. July 30 136 DOCUMENTS RELATING TO THE There arising some differences between the s*^ ^^'^^ ^ , Mar. 27th Alexander Rigby & John Gorges Son & Heir of S*^ Ferdinando Gorges concerning the Title & bound- aries of the Province of Ligonia & the Province of Maine the same was heard before the Earle of War- wick & the then Comission" for settling affairs of Foreign Plantations : And they did by a Deed in Writing,Dated 27^'' March 1646 declare & adjudge, That the Right & Title of the Province of Ligonia was in the s'^ M"" Rigby & his heirs & all the In- habitants thereof were then commanded to Submit to the Governm* & Jurisdiction of the s*^ M"^ Rigby, which all or most of the Inhabitants in Anno 1645 had done, by consenting unto the s*^ Constitutions then sent them & subscribing their Names thereunto. Alexander Rigby afores*^ enjoyed the same during his lifetime & dyed Aug 18^^ 1650, whereby the Premises descended to Alexander Rigby his Son & heir. Who by his Deeds granted the Premises unto Edward Rigby of Grays-Inne in the County of Middlesex Esq% his younger Brother, his heirs & assignes. Who sent ouer George Cleves Gent" as Deputy President of the same Province. And from time to time supplys them with severall effects, for the better encour- agement & promotion of the Inhabitants & Planters. The s*^ Edward Rigby Dyed & then the Premises descend to Edward Rigby his Son & heir. Pr George Turfrey Attorney to the s"^ Edw"^ Rigby Recorded in the Secretaries Office 1650 August 18 1686 June 8 TERRITORIAL HISTORY OF MAINE. 137 XXVII. BLACK POINT PATENT, BY THE GREAT COUNCIL FOR NEW ENGLAND. November 1/1 I, 1631. Sources. For the patent to Thomas Cam mock by the Great Coun- cil granting him tifteen hundred acres of hind 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 lTol^l'''% 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, 1640/4i, Thomas Gorges, the deputy of Sir Ferdinando Gorges, confirmed to him by a new deed all the lands granted by the Great Council, with Stratton's Island in addition, " York Deeds," II., folios 85,86. A deposition of Francis " Robbinson " in 1670, concerning bounds of patent granted to Thomas Cammock on Mills River and Spurwink River in Maine, is in " Suffolk Deeds," VI., 217, and gives additional value to claims under the Black Point patent. Cammock died at Barbadoes in 1643, and Margaret, his widow, afterwards married his friend, Henry Jocelyn, the first and only royal magistrate of Maine, who came into possession of the estate. The text adopted for this reprint is Mr. Baxter's, in the " Trelawny Papers." Text. To ALL Christian Peopell to whome this present writ- inge Indented shall come, the Counsell for the affaires of 138 DOCUMENTS RELATING TO THE New Inglaud 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 scale of Ingland, bearinge Datte the 3'^ Day of Noumber in the Eighttenth yeare of his Raigne of Eng- land, France, and Ireland, @c., for the Causes there in Ex- pressed Did Absolutly giue, grante, and confirme Vnto the said Counsell for the Affairs of New Ingland in America, and the Successors for euer, all the land in New Eng- land in America, lyinge And beinge from fourty to fourty Eight Degrees of Northerly Lattitude, and in length by all that bredth afore said from Sea to Sea through out the Maine laud, to geather With all the Woods, Waters, Riuers, 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 i beinge had more at 'large itt doth and maye appeare : Now Knowe YEE that the said Counsell, by vertue and Authoritie of his said latte Ma'^ lettrs Pattents, and for an In consideration that Cap' Thomas Camocke and his Associatts haue for these two years last past lined 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 iln the original written le laton. TERRITORIAL HISTORY OF MAINE. 139 Cap* 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 Lil)berty of fishinge And fouleinge in and vpon the said Riuer of Blacke Poynte Easteward soe farr as the Extente of the lymetts lyeth, together With all the Shoures, Creckes, bayes, ore Hauens, and Coasts, alonge the Sea ore vp in the land with in the bounds and limitts of the said one Thousand hue Hundred Accarrs of laud, 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 flBfte parte of Gould and Silluer Oare, and another fifte parte to the Counsell Aforsaid and theire Succssors To be HouLDEN of the Counsell and there succesors, by the Kent 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* Walter Neale, Richard Vynes, gent, and Henry Joslyne, Lififtennatt, all of New England, ore any of them Joyntly ore seuerally, to be there true and lawefull Attornye ore Attornyes, and in there name and Stead to Enter into the said p'te ore Por- tion of land and other the premises with the Appurtenances by these presents giuen And granted, ore into some parte there of in the name of the whole, and peaceable and quiett possesion and seazon there of for them to take, and the same soe had and taken in there name and stead to Deliuer possesion and season thereof vnto the said Cap* Thomas Camocke, his Heirs, Associatts, and Assignes, Accordinge to TERRITORIAL HISTORY OF MAINE. 141 the tennor, forme, and efFecte of these presents, Rattifining, Conferminge, and Alowinge all and what soeuer the said Attoruye ore Attornyes, Or any of them, shall Doe in Ore Aboutte the premises by Vertue Here of: Prouided all wayes that the said Cap* Thomas Camocke, his Heirs, Asso- ciatts, ore Assignes, ore any of them, shall not att any tyme or tymes Here After Allien or Conuaye avvaye 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 Coraone seale of them ore of there said Gou- ernor. And lastly the said Counsell for the Afairs of New Ingland Aforsaid, for them and there succesors. Doe Couenante and Grante to and with the said Captaine Cam- ocke, his Heirs and Assignes, by these presents shall. If hee, his Heirs Ore Assigns, ore any of them, att any tyme or tymes here After vpon any doubte which the shal} 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' 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' 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 Convayanee signified. Declared, ore Menchoned, as by the learned Counsell of them, and there suckesessors, and of him the said Cap* Thomas Cam- ocke, his Heirs and Assignes, shalbe Reasonabl3'e in that behalfe Denized 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. Inwittness WHERE OF the said Counsell haue here vnto fixed ther Seale, 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 fi^iith, @ the 7"" This is a true Coppie of Cap^ Thomas Cammocks Pattent for New Ingland, taken out of the Originall in Plymouth, the 4''' of January, 1631, By the speciall leaue and Consent of the said Cap^ Thomas Cammocke, Examined and agreed on by vs herevnder Robert Trelawny. Thomas Coga. John Kinge. TERRITORIAL HISTORY OF MAINE. 143 XXVIII. THE PASCATAWAY GRANT BY THE GREAT COUNCIL FOR NEW ENGLAND. November 3/13, 1631. Sources. Id 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. Taxt. This Indenture made the 3*^ day of Nouem'' An° Din 1631 : and in y'^ 7*^ yeere of y*" Reigne of our Souaigne Lord Charles by the Grace of God of England Scotland France and Ire- land King Defender of the ffaith &c : Betweene the presid', & Councill of New England on y** one p^^ and S"" Ferdinando Gorges Kn* Cap' John Mason of London Esq"" and their Associates John Cotton, Henry Gardner, Geo. Griffith, Edwin Guy, Thomas Wannerton, Thomas Eyre and Eliez'" Eyer on y*' other p*^' Witnesseth. That whereas our late Soueraigne Lord of famous memory King James for the 144 DOCUMENTS RELATING TO THE makeing of a Plantacon and establishing of a Colonic or Colonies in y^ Countries called or knowne by the name of New England in America, did by his Highnesses Lres pat- ents under the Great Scale of England, bearing Date at Westm y'^ 3*^ day of Nou'' 1620 giue grant and confirme unto the R* Hon''''' Lodwicke Duke of Lenox, Geo. Marques of Buckingham, James L'^ Marques of Hamilton, Thomas Earle of Arundale, Robert Earle of Warwicke, S'' Ferdinando Gorges Kn* and diuerse others whose names are expressed in the s** Lres Pa?, their Heires and Assignes, that they shalbe one body Politique, and Corporate perpetuall, and that they should haue perpetuall Succession, and one Com- mon Scale or Scales, to serve for the said Body, And that they and their Successors shalbe knowne, called and incor- porated by y^ name of the presid* & Councill established at Plym" for the planting ruling and gouerning of New England in America, and did of his especiall Grace, certaine knowl- edge, and mere mocon for him his Heires and Success" give, grant, and confirme unto the s'' presid. and Councill and their Success" under y*', Reservacons, Limitacons and Decla- racons in the s*^ Lres pat. expressed All that part and porcon of y® Countrie now commonly called New England w'^'* is situate, lying, and being betweene y'^ latitude of 40 gr and 48 of North'ly latitude, Togeather w'*' y® Seas and Islands lying w'*^ in 100 Miles of any port of y*^ s*^ Coasts of y'' Countrie afores'* And also all y^ Lands, Soyles, Grounds, Havens, Ports, Rivers, Mines as well Roy'' Mines of Gold and Silver as other Mines, Min^alls Pearles and precious stones. Woods, Quarries, Marshes, Waters, ffishings. Hunt- ing, Hawking tfowling, Commodities and Hereditam'' w'so- ever, togeather w-'> all Prerogatiues, Jurisdicons, Royallties, priuiledges, ffranchises, and Preheminances w*''in any of the s'' Territories and y^ p'"cincts thereof w*soeuer. To have hold possess and enjoy all and singuler the said Lauds and TERRITORIAL HISTORY OF MAINE. 145 p'misses in y*^ s"^ Lres pal granted or menconed to be granted unto them y^ s"* presid' and Councill their Successors and Assign for euer. To be holden of his Ma"^ his heires and Successors as of ff^® owne man'' of East Greenw^*^ in the Countie of Kent, in the free and Common Soccage and not in Capite or by Knights Service. Yeilding and paying to the King's Ma"*' his Heires and Success''^ the one 5"^ part of all y*' Gold and Siluer Oar that from time to time, and at all times from ye date of the s'' Lres pa? shalbe there gotten had or obteined for all Services duties or demands as in and and by his H^*' Lres paf : amongst divs other things therein conteined more fully and at large it doth and may appeare, and whereas the s'^ Presid' and Councill have upon mature deliberacon thought fitt for the better furnishing and fur- therance of y** Plantacon in these parts to appropriate and allott to seQall pticuler psons diuerse pcells of land \v"4n the p'"cincts of the afores'' granted p'misses by his Ma'^ s*^ Lres pal. Now this Indenture Witnesseth that the s** Presid* and Councill of their full free and mutuall consent, as well to y*' end that all the lands. Woods, Lakes, louches, Rivers, Waters, ponds. Islands and Fishings, w"' all other Traffique, Proffitts, and Commodities whatsoeuer to them or any of them belonging, and hereafter in these piits men- coned may be wholly and entirely invested appropriated seauered and settled in & vpon y® s'^' Sir fFerdinando Gorges Capt. John Mason and their Associates, John Cotton Henry Gardner, George Griffith, Edwin Guy, Thomas Wannerton, Thom : Eyre & Eliezer Eyre as by diuers speciall Seruices by them already done for the aduancement of the s'^ 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' the s^ S"" fferd : Gorges, Capt. John Mason and their said Associates John Cotton, Henry Gardiner, Geo : Griflfith Edwin Guy, Thom. Wannerton, Tho. Eyre and Eliezer Eyer haue by their Agents there taken great paines and spent much tyrae in the discouering of the Countrie all w*'*' hath cost them (as we are credibly Informed) 3000^ and upwards, which hitherto they are wholly out of purse, upon hope of doing good in time to come to y* publique, and also for other good and sufficient Causes and Consideracons the s"^ presid* and Councill especially thereunto moueing, Haue giueu granted bargained sold assigned, aliend, sett ouer enfeoffed and con- firmed and by these pnts do giue grant, bargaine, sell assigne, aliene sett ouer enfeoffe and confirme unto the s'' fferdinando Gorges Capt John Mason, John Cotton, Hen : Gardner Geo. Griffith, Edwin Guy, Thom. Wannerton Thom Eyere and Eliezer Eyre their 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® Colony w"^ him now doth or lately did reside togeather w^'' the Gardens and Corne ground occupied and planted by the s'' Colonic, and the Salt workes all ready begun as afores'' And also all that porcon of Land lying w*'' in the precincts hereafter menconed, beginning vpon the Sea coast about 5 miles to the w*ward of or from the s*^ cheife Habitacon or Plantation now possessed by the s** Capt. Walter Neale for y** use of the Aduenturers to Liconia (being in the latitude of 43 degr or thereabouts in the Harbour of Passataquack als Bassata- (|uack aly Passataway, and so forth from y'' s*^ beginning Eastw^ & North Eastw** and so proceeding North w'^* or North Westw*^* into y^ Harbour and River along the Coasts TERRITORIAL HISTORY OF MAINE. 147 & Shoares thereof includino; all the Islands and Islets lying w*^ 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'^ Hilton, & from thence, W'w*^' and South W%''^ in ye midle of the Riuer and through the midle of y^ Bay or Lake of Bequacack als Bassa- quack or by what other name or names it hath towards the bottome or westernmost part of y® Riuer called Pascassockes to the falls thereof, and from thence by an Imaginary Line to pass ouer, and to the Sea, where the pambulacon begann Togeather w"' all ye Lands, Soyle, Ground, Wood, Quar- ries, Mines, ffishing Hunting Hawking ffowling Comodities and Hereditam'^ whatsoeuer, Togeather also w^'' all Proga- tiues, Jurisdicons Royallties, Priuileidges, ftranchises and preheminences w"'in y^ precincts of land conteined w^^^in y* limits or bounds afores*^ And also the Isles of Shoales, and ye fBshings thereabouts and all the Seas w*^in 15 miles of the fores'' Sea Coasts, and also all the Sea Coasts and land lying on y^ East and Northeast side of the Harbour and River of Pascataway afores'' and opposite to the bounds above menconed, beginning 15 miles to y® S : eastwards of y* mouth or first entrance and beginning of the said Har- bour, and so vpp to y® falls and into the ponds or Lakes that feed the s'^ ffalls, by the space of 30 miles, including the s*' ponds or Lakes and the Shoares thereof, and so crossing into the landward, at a right angle by the space of 3 miles the whole length thereof from y* s"* mouth or first entrance from the Sea and Eastw'^' into y*" Sea w'^'' s''3 miles shalbe allowed for y^ breadth of y'' s*^ land last menconed both vpon y^ land and Sea, As also all yc Land, Soyle, Ground, Woods, Quarries, Mines, ffishiuge. Hunting Hawking fibwling Commodities and Hereditam*^ whatsoeuer togeather w**" all prerogatiues Jurisdicons Royallties Priui- leidges flfranchises and pheminences w"'in the pcincts of land 148 DOCUMENTS RELATING TO THE last menconed, conteioed. To haue and to hold all y® s^ House and Habitacon porcons of Land and all Lakes and Islands therein conteined as aforesaid, and all and singuler other y® pmisses hereby giuen, granted, bargained, sold, aliened, enfeoffed, and confirmed, w*^ all and singular thap- purtences and every part and pcell thereof unto y^ s*^ S"^ fferdinando Gorges, Capt. John Mason John Cotton, Henry Gardner Geo. Griffith Edwyn Guy, Thomas Wannerton, Thomas Eyre and Elyezer E^^er to y*^ only vse & behoofe of them y® s'^ S*" fferd : Gorges &c for ever. Yeilding and paying unto our Souer L'^ y® King his Heirs and Succes- sors ^ of all y** Oare of Gold and Silver that from time to time and at all tymes hereafter shalbe there gotten had & obteined for all Seruices, duties and demands, and also yeilding & paying unto the s'* presid* Councill and their Successo""^ euery yeere yeerely for ever 40' sterl" at y^ ffeast of S' Mich : tharchangell if it shalbe lawfully demanded, at the Assurance House on the West side of the Roy" Ex- change in London. And the s'' presid' & Councill for them & their Success""^ do Covenant and Grant to and w'*' y*' s'* S'' fferdin : Gorges, Capt. John Mason and their said Associates John Cotton Hen'' Gardner Geo. Griffith Edwyn Guy Thom. Wannerton, Thom. Eyer and Eliezer ^yie their Heires & Assignes by these piits that from thensealing and deliuery hereof according to y® purport, true intent and meaning of these piits they the s*^ S'" Ferdinan. Gorges, Capt. John Mason and their s'' Associates John Cotton Henry Gardner, Geo. Griffith, Edwin Guy, Thom. Wannerton Thom. Eyer and Eliezer Eyre, their Heires and Assignes shall from tyme to tyme for euer peacably and quietly haue hold pos- sesse and enjoy all thaf ores'* House and Chiefs Habitacon porcons of Land w**" all y'' Islands andp'misses w^'^thappur- tenafices 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'^'out any Lett, disturbance, denyall trouble interrupcon or eviccon of or by y^ s*^ President and Council! or any gson or psons whatsoeuer clayraing by from or vnder them or their Successors or by or under their Estate, Right, Title or Interest And the s*^ presid^ and Council! for them and their Successors do further Covenant and grant to and w*^ y® s*^ S"" 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^ presid* and Council! shall at all time & times hereafter vpon reason- able request at the only proper Cost and Charges in the Law of the sd S"" ferdin. Gorges, Capt. John Mason and their s*^ Associates John Cotton Henry Gardner, Geo. Griffith, Edwin Guy Tho. Wannerton Tho : Eyre and Eliezer Eyre their Heires and Ass* do, make pforme, suffer execute, and willingly consent unto any further Act or Acts, Conveyance or Conveyances, Assurance or Assurances for the good and pfect Investing, Assuring, Conveying, and sure making of all the afores'^ Houses and Habitacou, porcons of Land, Islands and all and singular other the pmisses w"' thappur- tences to the s'^ S"" fferd. Gorges Capt. John Mason and their s*^ Associates John Cotton Henry Gardner George Griffith Edwyn Guy, Thomas Wannerton Tho. Eyere and Eliezer Eyre their Heires and Assignes, or by his or their or any of their Council! learned in the Law shallie devised or advised or required. And further Know y**** that the s'' presid' and Councill haue made, constituted deputed, authorized ap- pointed, and in their place and deed do putt Capt. Thoin : Caniack Henry Jocelin, or in their absence to any other pson that shalbe their Gouerner or other Officer, to the Pres"^' and Councill to be their lawful! attorny and in their name & stead to enter into the s'^ House and Habitation porcons of Land and other y^ ^misses al)Oue giuen and 150 DOCUMENTS RELATING TO THE granted w^*^ 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 thereofor 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'^ granted pmisses unto y^ s*' S"" 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 j3misses by these puts. In Witnesse wherofthe said president and Council! to two parts of these presents both of one Tenor haue Sett their Common Scale and to one part thereof the s'^ S"" Ferdin : Gorges, Capt. John Mason, John Cotton, Henry Gardner, Geo. Griffith, Edwin Guy, Tho : Wannerton, Thom : Eyre and Eliezer Eyre, haue sett their hands and Scales the day and yeere first aboue written. XXIX. ABSTRACT OF THE GRANT TO RICHARD BRADSHAW, BY THE GREAT COUNCIL FOR NEW ENGLAND. November 4/14, 1631. Sources. Of the grant of fifteen hundred acres of land on the Pashippscot (Pejepscot) to Richard Bradshaw by the Great Council, November 4/14, 1631, but little is known, and the TERRITORIAL HISTORY OF 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^ 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, & ft)r y' he purposed to settle himselfe there with other his friends & servants, & for y' he is to pay 12<^ for every hundred Acres of Land in use by the yeare (when it shall be demanded by the Rent-gatherer,) and the one fifth part of y« Gold and Silver oare there shall be found to his Ma*y, 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 dale 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 defendor of the faith &c. Betweene the President and 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 Soueraio;ne lord Kiao- James of famous memorie late King of England Scotland ffraunce and Ireland by his highness Letters Pattents and Royall graunte vnder the greate Seale of Enghind bearing date the Third dale 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 flortie Eight degrees of Northerly latitude, and in length by all that breadth afore- said from Sea to Sea throughout the Maine land, Togeather w"' all the Woods, Waters, Rivers, Soyles, Havens, Har- boures, Ilelands and other Comodities whatsoeuer there vnto belonging, w'^ diuers other Priviledges, prehemmeneneies, proffitts and liberties by Sea and land. As by the said letters Pattents (amongst other things contayned) herevnto due Relacon being had more at large it doth and maie appeare And whereas the said President and Councell by vertue and Authoritie of his said Ma^^ Letters Pattents Haue by their deed indented Dated the ffirst dale 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 Caniocke 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*^ the libertie of ffishing and fowling in and vpon the River of Black Point Eastward soe farr as the extent of the limitts lyeth, Togeather w"' all the Shoares, Creekes, Bayes or Havens, and Coasts along the 154 DOCUMENTS RELATING TO THE Sea or vpp in the land w^*^ in the bounds and limitts of the said One thousand ffive hundred acres of land w"' the Woods and Ilelands w"'iu the said bounds, Togeather alsoe W"" all the Mines, Mine rails Trade of what kind or nature soeuer, Woods, quarries. Marshes, waters, lakes, ffishings vpon the Sea Coast, huntings, hawkings, fowlings, Coinod- ities, emoluni*^ and hereditam*^ whatsoeuer w*''all and singular their and everie of their appurteiincs in or w*'' in the limitts or bounds aforesaid, or to the said land lying w"'in the said limitts or bounds belonging or in anie wise appertayning w"' free Passage and repassage to and from the Place of Plantacon thrrowe the said Terretories of Nevv= England by water or by land as his or their occasions shall require. To HAUE AND TO HOULD all and singuler the said maine land premisses vnto the said Captaine Thomas Camock his heires Associatts and assignes foreuer to there proper vse and behoofe of the said Captaine Thomas CaiTiock his heires Associatts, and assignes foreuer. As by the said deed in- dented doth and may now at large appeare This indent- ure [witnesseth]! that the said President and Councell of New-England by vertue and Authoritie of the said letters Pattents, and for and in consideracon That the said Robert Trelawny, Moyses Goody eare and their Associatts haue adventured and expended greate somes of mony in the Dis- couery of the Coasts and Harbours of those parts and are minded to undergoe a further Charge in settling a Planta- tion in the Maiiie 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 » The om ission 13 in original document. TERRITORIAL HISTORY OF MAINE. 155 and absolutely give graunte allott assigne and confirme vnto the said Robert Trelawny and Moyses Goodyere their heires Associatts and assignes forever All those lands and hereditamets w'*" Thappurtenmts ycituate 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^^'in or adioyning to the bounds, and limitts aforesaid, And all and singuler Trees, Woods Mines, Mineralls aswell of Gould and silver Oare as of all or any other mettall kind or nature whatsoever. Quarries, Rivers, Waters, lakes, Comodities, emolum'' and hereditam*^ whatsoeuer arrising, growinge, renewing or being in or on the p''misses or anie part thereof w"" in the bounds and 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 lawfuU Trade Arte or mistery of what kind or nature soever in and vpon the said lands and premisses before meiiconed to be graunted or anie parte thereof, To- geather w*'' 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 preseruiuge of ffish to erect make main- taine and vse in vpon and neere the Ilelands Comonly called Richmond's Ileland and all other Ilelands w"' in or neere the limitts and bounds aforesaid w'^'' are not formerly graunted to the said Captaine Thomas Camock as aforesaid And free Passage and Repassage to and from the premisses 156 • DOCUMENTS RELATING TO THE or anie part thereof ouer and throughe the said Terretories of New-England or anie parte thereof by Water Sea and land or anie or either of them at the will and pleasure of the said Robert Trelawny and Moyses Goodyeare their heires Associatts and assignes foreuer To haue and to hould all and singuler the said lands, Shoares, Creekes, Rivers, Bayes, Havens, Coasts, Trees, Woods, Mines, Mineralls, Quarries, Rivers, Waters, Lakes, Commodities, emolum*^^ fishings fowlings, Hawkings, Huntings, Trades, liberties, privi- ledges, Rights, Jurisdiccons, Royalties, Commodities here- ditam'* and premisses before menconed to bee graunted, and every parte and parcell thereof to the said Robert Trelawny and Moyses Goodyeare their heires Associatts and assignes foreuer to the onely proper vse and behoofe of the said Robert Trelawny and Moyses Goodyeare their heires Asso- ciatts and assignes foreuer Yealding and Payeinge vnto our Souveraio;ne lord the kins his heires and Successors one jEfte 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 pfilts 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 lawfuU 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 coverint and graunte to and w*^ 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 Lavve of the said Robert Trelawny and Moyses Goodyeare, their heires and assignes doe make performe sufler execute and Willingly consent vuto anie further acte or acts, Conveyaunce orConveyaunces assuraunce or assuraunces whatsoeuer for the good and perfect investing, assureing conveying and sure making of all the aforesaid premisses w*'' Thappufteiints, and of euery Parte and parcell thereof to the said Robert Trelawny and Moyses Goodyeare their heires and assignes as by them their heires or assignes or by his or their or anie of their Councell learned in the lawe Shalbee Deuised aduised or required Prouided allwaies That the said Robert Trelawny and Moyses Goodyeare their heires Associatts and assignes or anie of them shall not 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*^ 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 vuder their hands and Cofnon scale of them or of their said Governour : And further knowe yee that the said President and Councell Haue made Constituted, deputed Authorized, and appointed and in their Place and stead Doe Putt Captaine Walter Neale Henry Josline, 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 lawfuU Attorney or Attorneys and in their name and stead to enter into the said premisses aboue menconed to bee giuen and graunted w**" their appurtenSce 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 RELATING TO THE thereof, and after such possession and seizon soe thereof or of some parte thereof in the name of the whole soe taken and had Then for them and in their names to deliuer full and peaceable possession and seizon of all and singuler the said premisses vnto the said Robert Trelawny and Moyses Goodyeare or to their Certaine Attorney or Attorneyes in that behaulfe ; To haue and hould to the said Robert Tre- lawny and Moyses Goodyeare their heires Associatts and assignes according to the true intent and meaninge of theis pflts 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 pfite Indenture sett their Scale, And to the other Parte thereof the saide Robert Trelawny and Moyses Good- yeare haue sett to their hands and scales Given the day and yeare fiirst aboue written R Warwicke Ed. Gorges. Ferd Gorges /^ ( Seal j [Indorsed :] A Grant from the President and Council ot New England to Mr. Robert Trelawny and Moses Goodyear of Lands in New England 7'" Dec. 1631 TERRITORIAL HISTORY OF MAINE. 159 XXXI. ABSTRACT OF THE AGAMENTICUS GRANT, BY THE GREAT COUNCIL FOR NEW ENGLAND. December 2/12, 1631. Sources. Of the grant of land on the "eastermost" side of the Agamenticus River to Ferdinando Gorges, grandson and he^r 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 f^^t'^l^ 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, "A Briefe Narration " (London, 1658), 38. For the connection of Edward Godfrey with the province of Maine the best narration is Charles Edward Banks, " Edward Godfrey, His Life, Letters and Public Services, 1534-1664," Maine Historical Society, " Collections, IX., 297-335 ; also privately printed, 1887. To Godfrey belongs the distinction of being the first governor of 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^ of Dec. 1631. There bein«^ present The Earle of Warwick, Presid^ The L" Gorges, & S"- Ferdinando Gorges, Threr. There was this p^sent day sealed a Patt' granted to Fer- dinando Gorges, sonn and heire of John Gorges of London, Esq% Walter Norton, Lieut. CollTho. Coppyn, Esq, Samuel Maverick, Esq, Thomas Graves, Genl, an Ingineer, Raphe Glover, Merch', W™ Jeffiyes, genl, John Busley, gen?. Joell Woolsey, gent, all of New England, Robert Norton, Esq'', Richard Norton gent, George Norton of Sharpenhow in y® County of Bedford, and Robert Rainsford y*^ younger of London, gen? ; first 100 acres of Land for every person trans- ported or to be transported by them or any of them within 7 3^eares next insueing, soe that the said person or persons abide there 3 yeares, either at one or severall times ; y® same land to be taken & chosen in any place adjacent to the 12,000 acres of Land hereafter menconed, & y^ same not to be inhabited by any; secondly 12,000 acres of Land more over and above y^ 100 acres y^ person as afores** to y* s*^ Ferd, Gorges, and the rest to be taken togeather and not straglingly on the Eastermost side of y^ River called by the name of Aquamentiquos in New England, extending along y* coast easterly 3 miles, fro thence m'^ into y^ maine Land soe high as may containe y® number of 12,000 acres, and 300 acres for every person to be transported as afores'', w**^ all y*^ Lslands or Isletts within y"^ Limitts next adjoyning y® s*^ Land, 3 leagues into y* Maine Ocean. 3'''y to y® s'' Ferdinando Gorges particularly over and above y** aforesaid Limitts and grants 12,000 Acres ot Land more, to be chosen abound & lye opposite against y^ s'' 12000 Acres of Land granted as aforesaid to the said Ferdinand Gorges & the rest, on the TERRITORIAL HISTORY OF MAINE. 161 Westmost Side of the River Called Aquamentiquos, extending along the Sea Coast Westerly to the bounds of the Lands appropriated to the Plantacon of Pascataquack, and so along the River of Aquamentiquos into the Maine Land Northerly, and along by the bounds of Pascataquack westerly, so farr up into the Maine Land as may containe the number of 12,000 Acres of Land, granted to y® said Fer'^ Gorges, with all the Islands or Isletts next adjoining the said Land east- erly, within the said Limitts, three leagues into the Mayne Ocean, with all commodities and priviledges proper for their necessary occasions, as by the Counterpart of their said Grant appeareth. The consideration for and in respect that they have undertaken to transport divers persons into New England, and there to erect and 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*'® ; and one other fifth part to the President and Councell, and also to pay two shillings yearly for every hundred Acres of Arable Land ; the first payment to begin at the Feast of S* Michie' the Archangell next after the first seaven years are expired as aforesaid, the same to be paid into the hands of the Rentgatherer (if he demand the same) and not to alien the same without consent, &c. Vol. I. 12 162 DOCUMENTS RELATING TO THE XXXII. ABSTRACT OF THE GRANT OF RICHMOND'S ISLAND BY THE GREAT COUNCIL FOR NEW ENGLAND. December 2/12, 1631. /Sources. Of the grant of Richmond's Island, " with 1500 acres upon the Maine," by the Great Council, December 2/12, 1631, but a brief abstract is given in the Manuscript Records of the Great Council (Public Record Office, London), and occasional references in the works of contemporary historians. Winthrop speaks of Bagnall as a turbulent fellow, and narrates his murder by the Indians, October 4/14, 1631. Although Bagnall's death occurred several months previous to the issuance of his grant, the news had not then reached England. The patent issued to Robert Trelawny one day earlier gave to him and his associates the " liberty to fowle, ffishe, and erect stages, Kayes and phices 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 proliable 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 Basfnall," 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** Gorges and S"^ Ferdinando Gorges, according to y* order of the first of this instant December, sett downe TERRITORIAL HISTORY OF MAINE. 163 their opinions and gave ord'' for two Pattents to be drawne thereafter, y® one for Walter Bagnall for a small island called by y^ name of Richm*^ Island, with 1500 acres of ground more upon y*" Maine, to be allotted and chosen in any convenient place near unto y® said Island as Capt. Walter Neale and Richard Vines, Gen?, should thinke fitt, according to a Com°° of Survey to them and others in that behalfe directed, with all comodityes & priviledges for his necessary occasions, as by his said Grant more at large appeareth. The consideration for and in respect y' he had lived in New EngP for y*' space of 7 years and there planted and built some convenient houseing in y^ said Islands, and purposed by God's grace to settle himselfe and family there with other his friends and associates, and for that he is to pay the one fifth part of y* Gold and silver oare there to be found to the King's Ma*y, and one other tifth part to the President and Councell, and also to pay 2'' for every hundred acres of land in use by y*" yeare when it shall be demanded by the Rent- gatherer, and not to alyen y® same without consent first had and obtained. XXXIII. ABSTRACT OF THE GRANT OF CAPE PORPOISE, BY THE GREAT COUNCIL FOR NEW ENGLAND. December 2/12, 1631. Sources. For the grant of tw^o thousand acres at Cape Porpoise to John Stratton, December 2/12, 1631, a reference to the transaction is found in W. Noel Sainsbury, editor, " Minutes of the Council," in " Calendar of State Papers," Colonial Series, I., 137, in addition to the abstract in Charles Deane, 164 DOCUMENTS RELATING TO THE editor, "Records of the Great Council," American Anti- quarian Society, "Proceedings" (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^ south side of border of y*" River or Creeke called by the name of Cape Porpus, and on y* other side North- wards Creeke mouth of Cape Porpus, into the south side of the Harbours mouth of Cape Porpus aforesaid, with all Comodityes & priviledges proper for his necessary occasions, as by his Said Grant more at large appeareth. The consid- eration for and in respect that he had lived in New England these 3 yeares last past, and had expended £1000 in trans- porting of Cattle and maintaining of servants in that employment. And for y' he now purposeth to transport more cattle and to settle a plantacon there according to his grant, and for that he is to pay the one fifth part of y® Gold and Silver Ore there to be found to the King's Ma^^, and one other fifth part to the President & Councell, and also to pay ll'' 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"" Ferdinando Gorges, and ready to pass the scale, and after- wards were left with M'' Walter Will""' 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 March 10 1631/2. Sources. Of the patent of lauds at Pemaquid to Robert Aldworth and Gyles Elbridge (Eldridge) by the Great Council for New England, '"^\7ch^?^, 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 RELATING TO THE Text. This Indenture made the Nine and twenteth day of February Anno D'm 1631, And in the Seaventh yeere of the Raigne of our Sovraigne Lord Charles by the grace of God King of England Scotland ffraunce and Ireland, De- fender of the ffaith, &c. Betweene the President and Councill 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 glue graunt and confirme vnto the said President and Coun- cell and their Successors forever, All the land of New England in America lying and being from fortie to fortie eight degrees of northerly Latitude, and in length by all that breadth aforesaid from Sea to Sea throughout the main land, together with all the woods, waters, soils, rivers, havens. Harbors, Iselands, and other commodities whatsoever there- vnto belonging with divers other priviledges preheminences profits and timbers, by Sea and land As by the said Letters pattents amongst other things contayned wherevnto due relacon being had it doth and may appeare NOW this In- denture Witnesseth That the said President and Councell of New England by virtue and authoritie of the said Lres Pattents and for and in consideracon that the said Robert Aldworth and Giles Elbridge have and will transport and doth ondertake to Transporte att their owne Costs and Chardges divers persons into New England and there to erect and build a Town and settle diuers Inhabitants for their own safetie better assurance and advancement of the TERRITORIAL HISTORY OF MAINE. 167 generall plantacon of that Country and for the furtherance of the said Plantacon and encouragement 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'"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'son transported or to be transported within the space of Seaven yeeres next en- suing That shall abide and continew there Three yeares either att one or severall times or dye in the meane season after hee or they are Shipped w**" an Intent there to inhabite The same lands to be taken and chosen by them or either or anie of them their deputies or assignes in anie place adjacent to the said Twelve thousand acres of land hereafter menconed to be granted and not lately granted setled and inhabited by anie English and wherein noe English person or persons are allreadie placed or settled Togeather with free libertie to fBsh in and uppon the Coste of New England in all Havens Ports Rivers & Creekes thereunto belonging and not granted to any others And that noe person or persons whatsoever shall take anie benefit or libtie of or to anie of the said grounde (excepting the free use of highe waies by land and Navigable Rivers) but that the said Robert Aid- worth and Gyles Elbridge their heires and assigns shall haue the Sole right and use of the said grounds with all their profiits and appurteiices And the said President and Coun- cell doe further o-i-aunt assigne allott and confirme vnto the 168 DOCUMENTS RELATING TO THE said Robert Aldworth and Gyles Elbridge theire heires and assiornes Twelve Thousand acres of land more over and above the foresaid proporcon of One hundred the person for every person Transported or to be Transported as foresaid as his or their proper inheritance forever The same land to be bounded Chosen taken and laid out neare the River 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 adioyningto 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 b}^ the said Robert Aldworth and Gyles Elbridge their heires and assignes and every or any of them and by those said other p'^on or p''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 TraflSque in all law- ful comodities with the salvages in any parte of New Eng- land or neigbouriug thereabouts att their wills and pleasures without lett or disturbance As also to have lib- ertie to hunte hawke ffish or ffowie 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 comeiug shall by their deede Indented and Vnder theire Common Scale graunte, enfeofi'e and confirme All and every of the said lands sett out, and bounded as aforesaid to the said Robert Aldworth and Giles Elbridge and their associats and such as 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 flfreedomes reservacons and condicons with all dependacies herein speci6ed and graunted And shall also att any time within the said Terme of Seaven yeares vppon request vnto the said President and Councell made, graunte vnto them the said Robert Aldworth and Gyles Elbridge their heires and assignes letters and grants of Incorporacon by some usuall and fitt name and title with libertie to them and their Suc- cessors from time to time to make orders, Laws, Ordinances, and Constitucons for the rule, government, ordering, and directing of all persons to be Transported and setled upon lands hereby graunted intended to be granted, or hereafter to be granted And of the said lands and profits thereby arising. And in the meane tyme and untill such grant be made, it shall be lawful for the said Robert Aldworth and Giles Elbridge their heires and assignes from time to time, to establish such laws and ordinances as are for the better Governme' of the said prsons soe Transported and the same by such 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 TERKITORIAL 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^'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* 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 intente and meaning of these psents Ratifying allowing and confirming all, and whatsoever their 172 DOCUMENTS RELATING TO THE said attorney or Attorneys shtill doe in or about tlie p'^mises by theis p'"seuts. In Witness whereof, the President and Councell to the one part of these p'^sent Indentures have set their Seale and to the other part thereof the said Robert Aldworth and Giles Elbridofe 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"" 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-'y Pubb. Robt. Dennis, Dew Tony, servants to the said No. P^ XXXV. CONCESSION OF THE RIVER AND BAY OF ST. CROIX TO COMMANDER DE RAZILLY, BY THE COMPANY OF NEW FRANCE. May 14/M, 1632. Sources. The original concession in favor of Commander de Razilly, May 14/24, 1632, by the Company of New France, is in the Depot de la Marine in Paris. A certified copy was used by the commissioners under the treaty of Aix-la-Chapelle, and is found both in the English and the French collections. The Company of New France was formed in 1627 by Cardinal Richelieu, to put an end to the disturbances be- tween the RecoUets 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 " (Ldndon, 1775), 707, 708. Text. La Compagnie de la Nouvelle France : A tons ceux qui ces presentes lettres verront ; Salut. Le desir que nous avons d'aporter toute la diligence possible a I'etablissement de la colonic de la Nouvelle France, nous faisant rechercher ceux qui ont la volonte d'y contribuer de leur part, & I'obli- gation que nous avons de recompenser, par toutes voies, les travaux de ceux qui nous assistent, & d'embrasser les occa- sions de leur temoigner par effets, etant bien informe des bonnes intentions que Monsieur le Commandeur de Eazilly, Lieutenant general pour le Roi en la Nouvelle France, a toujours eu pour faire reussir cette enterprise, en desirant I'en reconnoitre par les gratifications a nous possibles. A ces causes avons audit sieur de Razilly donne & octroye, donnons & octroyons par ces presentes, I'etendiie des terres & pays qui ensuivent, a scavoir la riviere & baie Sainte- Croix, isles y contenues, & terres adjacentes d'une part & d'autre en la Nouvelle France, de I'etendiie de douze lieiies de larges, a prendre le point milieu en I'isle Sainte-Croix, ou le sieur de Mons a hiverne, & vingt lieiies de profondeur depuis le port aux coquilles, qui est e I'une des isles de I'entree de la riviere & baie Sainte-Croix, chaque lieiies de quatre mille toises de long. Pour jouir desdits lieux par ledit sieur de Razilly, ses successeurs ayant cause, en toute 174 DOCUMENTS RELATING TO THE propriete justice & seigneurie a perpetuite, tout & aiusi, & a pareils droits qu' il a plu 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 reveuu 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 nuemeut a la cour & justice souveraine qui sera etabli ci apres au fault Saint-Louis ou ailleurs ; que les bommes que ledit sieur Commandeur fera passer en la Nouvelle France tourneront a la decharge & diminution du nombre de ceux que la Com- pagnie doit faire passer, sans que ledit sieur Commandeur ou les sieus puissent traiter des peaux & pelleteries qu' aux conditions portes par I'edit de 1 etablissement de la Com- pagnie de la Nouvelle France ; & en cas que ledit sieur Commandeur desire faire porter a cette etendiie de terre quelque nom & titre plus honorable, se retirera vers le Roi & Monseigneur le Cardinal de Richelieu, Grand-Maitre, Chef & Surintendant general de la navigation & commerce de France, pour lui etre pourvu conformement aux articles accordes a ladite Compagnie. En temoin de quoi nous avous signe ces presentes. A Paris, au Bureau de la Nouvelle France, le dixneuvieme mai mil six cent trente-deux. Signe Lamy avec^par araphe Secretaire. TERRITORIAL HISTORY OF MAINE. 175 XXXVI. EXTRACT FROM THE TREATY OF ST. GERMAIN BETWEEN LOUIS XII. OF FRANCE AND CHARLES I. OF ENGLAND. May 29 -i r.o.> June 8' J^ODZ. Sources. The treaty which was made at St. Germain-eu-Laye ^if/el' 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 Depot de la Marine in Paris. The copy used by the Commissioners is from Leonard, " Memoires des Commissaires du Roi, et ceux de sa Majeste Britannique sur les possessions et les droits respectifs des deux Couronnes en Amerique," 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 Fran9ais," 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 III., 228. It was reprinted by Ebenezer Hazard, " Historical Collections, Consistino; of State Papers and Other Documents " (Philadelphia, 1792), I., 319, 320 ; and Charles Lindsey, "An Investigation of the Unsettled Bound- aries of Ontario" (Toronto, 1873), Art. III., with English translation, 107, 108. Article HI., which relates to the restitution of Acadia to France, is here reprinted from Lindsey's English text. 176 DOCUMENTS RELATING TO THE Text. Art. III. On the part of the King of Great Britain, the said ambassador, in virtue of the powers with which he is vested, and which shall be inserted at the end of these presents, has promised and promises in the name of his said Majesty to give up and restore {rendre et 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 Royal, 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 l)elongs 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 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 ot 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 the Androscoggin 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 Archdale, who was in New Eng- land in 1664 as the agent of his brother-in-law. Sir Ferdi- nando Gorges, was for a long time in the possession of Isaac Story of Boston, and was printed by him from the original in the " New England Historical and Genealogical Regis- ter " (1859), XIH., 303. " Purchase's Patent of Lands in Maine " gives so good a summary of popular belief in Arch- dale's time that it is here printed from the " Register." Text. These may Certifye whom it may Concern, That Whereas King Charles the first of ever Blessed memory by his L'res Pattents under the great Seale of England beareing date the third day of Aprill in the 15'*^ yeare of his Reign e, [did] Give, grant & Confirm unto S"" Ferdinando Gorges Kn', his heires and Assignes for ever the Propriety & Governm* of all that Country called the Province of Maine lyeing be- tween the River of Kennebecke Eastward and Pisscataway westward Saveing and reserving to the Severall Proprieto" their Right who held by former Grants or Pattent as by the said Patent relaton being therevnto had doth and may appear. And Whereas John Archdale Esq"^ by a legall CoiTiission had and obteined by Ferdinando Gorges Esq"^ Grandson & heire to the said S"" Ferdinando Gorges who was then the right owner and proprief thereof, and by vertue of which Couiission Soe had and obteined as aforesaid The said John Archdale was resident there for the space TERRITORIAL HISTORY OF MAINE. 179 of a twelve month or thereabouts, Ajid Whereas one m"" Thomas Purchase in his own right by vertue of a prior Pattent was seized and possessed of certaine Lands and Tenemen'' 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 Teneni' 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. Din 1687/8 And I doe not question but that my Brother Gorges upon the Credible information giuen mee as aboues*^ ; had hee continued Proprietor would haue confirmed y^ said tract of Land unto him. Wittnesse my hand y^ day and yeare above written. John Archdale. Witnesse F. Gorges Jun'^ XXXVIII. LIVERY OF LAND AT CAPE PORPOISE TO THOMAS CAMMOCK, BY WALTER NEALE, GOVERNOR OF PISCATAQUA. May 23 , ^qo June 2' ^Oi)d. Sou7'ces. The deed of "livery" by Walter Neale, governor of Piscataqua, to Thomas Cammock, f^^^e^, 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, Sctoter"""!' l^'^'O' ^^"<3 is found 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"> of May 1633 : Cap* Walter Neale did according to order directed from the Pres- ident & Counsell of New England deliver possession vnto Cap* Thomas Cauiocke of all the Lands Contayned in a Pattent granted vnto the sd Thomas Camraocke dated the prime of Novemb*" 1631 : consisting of fiueteen hundred Acers being bounded to the Southward with the Bay of Sacoe, on the Westward with bla : Poynt 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 bla : Poynt River, is appoynted the Northern Lymitts/ In tes- timony w^'of I haue here vnto subscribed/ Witnesses to the Delivery of the possession/ p mee John Winter Wa : Neale/ Abraham Shurt/ The marke of f Richd Smyth TERRITORIAL HISTORY OF MAINE. 181 A true Coppy of this Instrument of delivery aboue writ- ten transcribed out of the original!, & y'^with Compared this 22 : Septemb^ 1670 : p Edw : Rishworth ReCor : XXXIX. RATIFICATION IN FAVOR OF THE VISCOUNT STIR- LING, BY THE PARLIAMENT OF SCOTLAND. June 28 i /'qq July 8 ' -•^"^^• Sou7xes. 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, juiTl^' 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. RATIFICATIOUN iu favours of the vicount of Sterling of the infeftments and signatur grantit To him of the Domin- iones of Nevvscotland and Canada in America And priae- ledo:es thairincontenit AND of the dignitie and order of knicht Baronets and Act of conventione of estaits maid thairanent OURE SOVERANE LORD And estaits of this present parli- ament Ratifie and approue All letters patents and infeftments grantit by king James the saxt of Blissed memorie or by our said Soverane lord wnto Williame vicount of Sterling and to his airs and assignais of the territories and domin- iones of New Scotland and Canada in America And espec- iallie The patent chartor and infeftmeut grantit by his Majesties vmquhyle dearest father of worthie memorie of New Scotland Of the dait the tent day of September the year of god 1621 ITEM ane other chartor of the same grantit by his Majestic wnder the great scale of the dait the tuelf day of July 1625 years ITEM ane other chairtor and infeft- ment grantit by his Majestic of the cuntrie and dominioue of New Scotland wnder the great scale of the dait the thride day of may 1627 years ITEM another chartor and infeftment grantit by his Majestic wnder the great scale of the river and gulfe of Cannada bounds and priveledges thairof raen- tionat in the said patent of the dait the second day of februar 1628yeirs ITEM a signature past wnder his Majesties hand of the said cuntrie and dominione Which is to be with all diligence exped through the scales of the dait at Whytehall the tuentie fourt day of Apryll 1633 years With all liberties 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 vver heirin particularlie ingrost and exprest And ordaines intimatione to be maid heirof by open proclamatione to all his Majesties lieges at the mercat crose of Edinburgh and other places neidfuU that none pretend ignorance heirof XL. FINAL DIVISION OF THE PATENT FOR NEW ENG- LAND, BY THE GREAr COUNCIL FOR NEW ENGLAND. February 3/13, 1634/5. Soui'ces. The division of the patent for New England by the Great Council took place at Lord Gorges' house in London, Feb- ruary 3/13, 1634/5. The territory upon the coast included within the limits of the patent was divided into eight parcels, each of which, except the last two, was to have an additional 184 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 y' 3^ Feb. 1634. present. Earle of Sterline. Lord Maultrovers. Lord Gorges. S"" Ferd : Gorges. Cap* John Mason. This day was an Agreem* made for y'^ severall divisions upon y* seacoals [seacoasts] of New England as followeth. For as much as by a mutuall agreem* wee, whose names are subscribed Pattentees or Adventurers and of y^ Councell of New England, are to joyne in y'' surrend' to his Ma*y of y« great Charter of y' countrey w"^*" was granted unto us in the gth n 8^1'] yeare of y^ raigne of King James of Blessed mem- ory, in whose p'^sence Lotts were drawne for setling of divers and sundry divisions of Lands on y'= sea coast of y^ s"^ coun- try upo most of us, w""^ hitherto have never been confirmed in y*" sd lands soe alotted, and to y*^ intent y* every one of us according to equity and in some reasonable manner answerable to his adventures or other interest may enjoy a pportion of y*' lands of y* s"^ country to bee immediatly holden of his Ma^^, wee therfor doe condiscend ["and agree."— Hubbard] y* all y* part of y' sea coast of y'^ said TERRITORIAL HISTORY OF MAINE. 185 country hereafter expressed shall belong unto y^ right hon**'® the Earle of Arrundell and Surry, videlicett ; To beginne at y^ fortyeth degree where y^ Lymits of New England, Arrun- dell & Surrey, begins, and so to proceed along y"^ sea shoare to Hudson's River, and upo y*' same in y'' middle thereof, untill 60 miles be ended, to bee reckoned from the mouth of the s'' river or entrance thereof, and from thence to crosse over land south westwards to y® Let Baltimore's plantacon of Mery Land, and hereunto is to belonge y'' Island of Man- hatas lying w^'^in the mouth of the river aforesaid, alsoe hereunto is to belong 10,000 Acres to bee laid out on y* east parte of Sagadahock. Signed by Lenox, Hamilton, Carlisle, Sterline, Ed, Gorges, S^ Ferd. Gorges, Cap'^ John Mason. To begin at the middle of y*" entrance of Hudson's River and soe to proceed eastwards to a river or Creeke neare to a place called Redunes or Reddownes, about 60 miles east from Hudson's River, and from tence up into y'' lands North Westwards 60 miles, and soe to crosse over lands South westwards to meet w'^ y" end of y'' 60 myles reckon from y® mouth or entrance of y^ s*^ River called Hudson's, and up- wards alongst y'' Easterne shoare of y** same ; and here unto is added 10,000 Acres upon the east part of Sagadahocke. Signed by Hamilton, Arundell & Surrey, Carlisle, Sterline, Ed. Gorges, S^ Ferd. Gorges, Capt. John Mason. To begin at y^ middle of y*^ River or Creeke neer y'' 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^ Land Northwestwards 60 myles, and soe to crosse over land south westwards to meet w*'* ye end of y* 60 miles to be reckoned upwards northwest fro y® mouth or entrance of y*^ said river neer y*^ Redd downes ; 186 DOCUMENTS RELATING TO THE And hereunto is added 10,000 Acres in some of y^east parte of Sagadahock. Signed by Lenox, Hamilton. Arundell ond Surrey, Sterlene, Ed. Gorges, S^ Ferd. Gorges, Capt. John Mason. To begin at the middle of y* entrance of }-^ river of Co- nectecult, and soe to proceed eastwards to y* Xaragansett3 River or harbour accompted about 60 miles, and soe up y* weslerne arme of y* river to y^ head thereof and into y^ land north westwards till 60 miles be finished, being reckoned fro y*" entrance, and soe to y* crosse over y* land south westwards to meet w'^ the end of 60 miles to be accomted from the mouth of Covectecult up Xorthwest ; t^ hereunto is to be added 10,000 Acres on y* east part of Sagadahoc ke. Signed by Lenox, Arundell and Surrey, Carlisle, Ed. Gorges, Sterline. S^ Ferd: Gorges. Capt. John Mason. [5. Gorges] To begin at V middle of the west entrance of the Xara- gansetts & so to proceed along the Coast Eastwards to Cape Codd & round ab' the same, keeping on Xortheastheards to Xamebeck, which is on y* East side ot the Massachusetts, & from thence X. E. into the Land 60 miles. Also from the Westmouth or entrance of y' Xaraganzetts, continuing up y^ "Western arm of v* same to the head therof. *&: fi-om thence intoy* Lands X. "Wards till 60 miles be tinished from the first Entrance, trom which period to crosse over land to y 60 miles end accounted West from Xamebeck as afore- said : and hereunto is to be added 10.000 acres on the east part of Sagadahocke. Signed by Hamilton, Arundel vt Surrey, Carlile, Sterline, S* Ferdinando Gorges, Capt. John Mason. TERRITORIAL HISTORY OF MAINE. 187 [6. Capt. John Mason.] To beginn at y^ middle of Namekeck harbour or river & from thence to proceed E. ward along y'' sea coast to Cape Anne, & round about y^ same into Pascataway Harbour, & so forth wards up within y^ river of Newichewanock, & to y« furthest head of y^ said river, & from thence N. W. ward till 60 miles be finisUed from the first entrance of Pascataway harbour. Also from Namekeck from the Harbour & river thereof up into y'' Laud west 60 miles, from which period to crosse over land to the 60 miles end accounted from Pas- cataway throul Newichewanock River into y'^ Land N. West as aforesaid ; & hereunto is to belong y" south halfe of y" Isles of Shoales & 10,000 Acres on y« S. East part of y« River Sagadahock at y^ Mouth or Entrance therof. Signed by Lenox, Arundell & Surrey, Carlile, Ster- LINE, Ed. GrORGES, S« FeRD. GoRGES. [7. Sir Ferdinando Gorges.] To begin at y« midle of y" Entrance of Pascataway har- bour & so to passe up y^ same into y*^ River of Newichewa- nock & throQ y« same und [unto] the furthest head, & from thence N. W. ward till 60 miles be finished : also from Pascataway harbours mouth afores'^ along y« sea coasts to Sagadahock, & up y« River therof to Kinebequi river, and throQ y« same unto y" head therof & into y" land N.Wwards, untill 60 miles be ended, being accounted from y« mouth of Sagadahoc & from y« Period of 60 miles afores'i ^^ crosse overland to the 60 miles end formerly reckoud up into y" Land from Pascataway the harbour to new Chawanock river ; & herunto is to be added the North Halfe of y" Isles of Shoals, & also the Isles of Capawock, Nautican &" near unto Cape Codd. Signed by Lenox, Hamilton, & Arundel & Surrey, Car- lile, Sterline, Ed. Gorges, Cap^ John Mason. 188 DOCUMENTS RELATING TO THE [8. Lord Alexander.] To beofin at St. Croix next to New Scotland, & so to passe along y" sea Coast to Pemaquid, & up the river therof to the furthest head of y'' same as it tendeth Northwards, and from thence at y*" nearest to Kenebecqui, & up that river by y*" shortest course to the river of Canada : & herunto is to belong the Island called Mattawack or the Long Island. Signed by Lenox, Hamilton, Arundel & Surrey, Car- LiLE, Edw. Gorges, S^ Ferd. Gorges, Capt. John Mason. Saving & reserving out of this division to every one that hath any Lawfull grant of Lands or plantations lawfully setled in y'^ same, y*" freeholding & enjoying of his right with y*" libertyes therunto appertaining, laying down his Jura regalia (if he have any) to y^ Proprietors of this divi- sion, wherin his Land lyeth, & paying some small acknowl- edgment for y' he is now to hold his said Land anew of the proprietor of this division. Memorandum, that to all these particular grants of the Divisions aforesaid did sigue with their own hands upon y^ 14^*^ of Aprill following all y* above named Lords and others, and theruppon they had every one his particular division delivered out unto them. Memorand. the 18*'' day of Aprill following Leases lor 3000 years were made of the several divisions to several! gsons intrusted for their benetitts. Memorand. the 22'' day of Aprill several deeds of feofment were made unto the several proprietors of their severall parts so to them allotted by the Divisions aforesaid. TERRITORIAL HISTORY OF MAINE. 189 XLI. EXTRACTS FROM THE PATENT OF THE COUNTY OF CANADA TO WILLIAM, LORD ALEXANDER, BY THE GREAT COUNCIL FOR NEW ENGLAND. April 22 1(535^ May 2' 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 Afi'aires of New England send 190 DOCUMENTS RELATING TO THE greetinge in our Lord God everlastinge. Whereas our late Souraigne Lord Kinge James of blessed memory by his hisfhnes Letters Patente vnder the greate seale of England, bearing date att Westminster the Thirde daye of November in the eighteenth yeare of his Ma"''^ raigne ouer his highnes Realme of England, for the consideration in the said Let- ters Patente expressed and declared hath absolutely given graunted and confirmed vnto the said Counsell and theire successors for euer all the lands of Newe England in Amer- ica lyinge and beinge in breadth from fortie degrees of Northerly latitude from the Equinoctiall lyne to fortie eight degrees of the said Northerly latitude inclusivelie . . . Now Knowe ail men by these presents that the said Coun- sell of New England in America beinge assembled in publique Courte, accord inge to an acte made and agreed vppon the thirde day of ffebruary last past before the date of theis presents for diuers good causes and consideracions them herevnto especially moveinge have given, graunted, aliened, bargayned, and sold And in and by theis presents doe for them and theire Successors give, graunt alien bargaine sell and confirme vnto the right honorable William Lord Alexander his heires and assignes, All that part of the Maine Land 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 flSve leagues distance of the Maine. beinge opposite and abuttinge vpon the premises or any part thereof not for- merly lawfully graunted to any by special 1 name . . . . . . . To be holden of the said Councell and theire suc- cessors, per Gladium Comitatus, that is to say by findeinge foure able men conveniently armed and arrayed for the warre to attend vppon the Governor of New England for the publique seruice within ffourteene dayes after any warn- inge given .... XLII. GRANT OF MASONIA TO CAPTAIN JOHN MASON, BY THE GREAT COUNCIL FOR NEW ENGLAND. May 2' Sources. The grant of New Hampshire, with that of INTasonia, by the Great Council, ^^^^y% 1635, was mainly to confirm to Captain John Mason the right to territory assigned to him at the meet- ing of February 3/13, 1634/5, when the great patent was divided. The portion to be known as Masonia was the 192 DOCUMENTS RELATING TO THE "augmentation" east of the Sagadahoc to be added to his original grant of New Hampshire. On the same date a deed of nearly tlie 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"" Lord god everlasting/ Was our late Soueraign Ld King James of blessed memory, by his highness letters pattents vnder the great seal of England beareing date at Westminster the third day of Novemb"" In the eighteenth yeare of his Reign over his highness 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 Notherly 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 Kivers, 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, preheminenees, both with in the sd Tract of Land, vpon y"" Mayn & alsoe within the Yslands & seas Adioyneing, as by the sd letters pattents, amongst diverse other things therein Contayned, more at large, doth & may uppeare ; Now know all men l)y these §sent8. That y*" 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''vnto espetially moueing, Have given, granted, aliened barganed & sould, & in & by these Presents do for them & thejr successors, give, grant, aliene bargane sell & confirme vnto Cap' John Mason Esq"", his heyres & assignes, all that part of the Majai Land of New England aforesd, begining from the Middle part of Navm- 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*^ 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^ 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"^ 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 fine 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, coinod- itys, & haeriditaments w^soever, with all & singular thejr & every of y"" app''tenances & togeather alsoe with all rents reserved, & the benefitt of all profitts due to the sd Coun- sell, & thejr successors, with pouer of Judicature in all causes & matters w'soever, as Well Criminall Capitall & civill, ariseing or which may hereafter arise with in the Lymitts, bounds & p'cincts aforesayd, to bee exercized, & executed according to the Laws of England, as neere as may bee, by the sd Cap* John Mason his heyres & assignes, or his or thejr Deputys Leeften*^ Judges, Stewards or officers therevnto by him or them assignned, deputed or appoynted from tyme to tj^ne, 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- iaiand w*soever, which the sd Counsell & thejr successors now of right haue or ought to haue or Claime, or may haue or acquir hereafter in or to the sd portion of Lands, or Islands, or any of the pmisses, and In as large free ample benefitiall a manner, to all Intents Constructions & purposes w^soever, as the sd Counsell, by vertue of his Majestys sd letters Pattents may or Can grant the same saveing & always reserving vnto y*^ sd Counsell & thejr successors pouer to TERRITORIAL HISTORY OF 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, & territory s aforesd, To haue & to hould all & singular the Lands & ]3misses aboue by these jisents granted (except before excepted) with all & all manner of Profetts, comnioditys & ha?riditaments, whatso- euer, with in the Lands & pcincts aforesd, to the sd Lands Yslands and pniisses, or any Part of them any wise belong- ing, or appertayning vnto the sd Cap* John Mason his heyres & assignes, to the onely pper vss & behoofe of him the sd Cap' John Mason his heyres & assignes for ever, to bee houlden of the sd 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 Gouerii'' of New England, for the publick service of, within foureteen days after any warneing given/ Yejlding & paijng vnto the sd Counsell & y"" successors for ever one fift Part of all the oare of the Mines of gould & silver, which shall bee had possessed or obtayned, with in the Lyraitts or jicincts aforesd, for all Rents services, dutys & deinands 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 tyrae to tyme with in the Lands ficincts & territorys of New England, aforesd ; And lastly the sd Counsell haue deputed & authorized & ap- poynted & In thejr place & stead haue putt Henery Jocelyn Esq% & Ambrose Gibbines Gentle : or either of them to bee y'' true & lawfuU Atturney, & Atturneys for them & In y'' name & stead to enter into the sd Lands & other the pmisses with thejr appurtenances or any Part thereof in the name 196 DOCUMENTS RELATING TO THE of the whool, & to take quiett & peaceable possession & seazin thereof soe had & taken as aforesd/ then to deliver the same vnto the sd Cap' John Mason his heyres or assigns, or to his or thejr Certen atturney or Atturnys to bee by him or y™ deputed on that behalfe, according to the purport trve Intent & meaning of these j^sents/ In witness w*^ of they the sd Counsel! haue here vnto afixed thejr coman seal/ Dated the Two & Twenteth day of Aprill, In the Eleaventh yeare of the Reigne of o'' Soueraign Ld Charles by the grace of god King of England Scottland, ffrance & Ireland Defend"^ of the faith Anno : Doili : 1635 : Sealed with the seal of the sd Counsell there to appended/ Vera Copia/ Fred : Ixem Notoio^ Publicus/ A trve Coppy transcribed out of the original! Coppy & there with Compared this 27 : May : 1667 : p Edw : Rishworth ReCor : XLIII. DECLARATION FOR RESIGNATION OF THE GREAT CHARTER, BY THE GREAT COUNCIL FOR NEW ENGLAND. April 25 ^(335 May 5' Sources. For "A Declaration of y" Council! of New England for y® Resignation of y*^ great Charter & y'^ Reasons moving y"^ y'to," ^Pf 2^, 1635,"the Ijest 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 tlie library of the Massachusetts Historical Society, "Letters and Papers," 1632-78, p. 2. The Dechiratiou was first printed in America from a manuscript copy by Ebenezer Hazard, "Historical Collec- tions, Consisting of State Papers and Other Documents " (Philadelphia, 1792), I., 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 ivar- 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 VHI., 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® faithfull endeavours of some of vs y' have sought y*" ad- vancem* of y^ Plantation of N : E have not been w"'out frequent & inevitable troubles of Companions to o"" vnder- takings from o'' first discovery of y* Coast to y'' p''sent by great charges & necessary expences, but also depriving us of diverse of o'' freinds & faithfull servants im ployed in y' worke abroad, whilest o''selves at home were Assaulted w"' sharp litigious questions before y"* Lords of his Maj"^^ most Hon"'' Privy Councill, by y"" Virginia Company, & y' in y*' very infancy thereof, who finding they could not p''vaile in y^ way, they fayled not to psecute y*^ same in the House of Parliam*, p''tending o"" said Plantation to be a greivance to y* Comonwealth, & for such p'^sented it unto K : James of 198 DOCUMENTS RELATING TO THE blessed niemoiy, who altho 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 afteccons ot the multitude were thereby dis- heartened, & so much the more by how much it pleased god a])out that tyine to bereave us of y*^ most noble & principal props thereof, as y*" Duke of Lenox, Marquis Hamilton, &, many other strong stais to y' weake of Building Then fol- lowed y*" Clayme of y"^ French Ambassadour, takingadvantage of the Divisions made of the Seacoasts between o"" selves, to whome we made a just & satisfactory Answer (as it seemes) for y^ he rested contented therewith, & since y* we have heard no more thereof. Neverthelesse these crosses did draw upon us such a disheartned weakenesse, as there only remained a Car- cas in a manner breathlesse, till y^ end of the last Parliam*. when y"" were certain y' desired a Patent of some Lands in the Massachusets Bay to Plant upon, who p'senting the names of Honest & Religious men, easil^^ obtained their first desires, but these being once gotten they used other meanes, to advance them selves c'^ step beyond their first proportions to a second Grant surreptitiously gotten of other Lands also justly past unto Cap' : Robert Gorges long before, who being made Govern'' of those parts, went in person & tooke an absolute seizure, & actuall possession of y*^ country, by a setled Plantation he made, in the Massa- chusets Bay, w''' afterwards he left to the charge & cus- tody of his servants & certain other undertakers & Tenants belonging unto some of us, who were thrust out by those Intenders that had exorbitantly Bounded their Grant from East to West through all that main Land from Sea to Sea, being neer about three thousand Miles in length, with all riding over y*^ heads of all those Lords & others that had their portions assigned unto them in his late Ma'"'* presence, & w"^ his Highnesse approbation by lot, upon the South 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"% & unwitting thereof, by w'^'' meanes they did not only Enlarge their first extents to the West limits spoken of, but wholy excluded themselves from y^ Publick Go verm', of y'' Councill Authorized for those afi\urs. & made y'^selves a free people, & for such hold themselves at y'^ p''sent. Whereby they did rend in peeces the first foundation of the Building & so framed unto y^selves both newLawes, and new conceits of matters of religion, and formes of Eclesiastical & Temporal Orders & goverment. Punishing diverse y' would not approve thereof, some by whipping others by burning their Houses over their Heads & some by banishing & the like. And all this partly under other pretences, th8 indeed for no other cause save only to make y™selves absolute Mas- ters of y® Country, & unconscionable in y'' new Lawes. So as those complaints posting first unto o'selves, y^ had no sufficient meanes to redresse or give satisfaction to y^ per- sons aggreived, they were at last of necessity petitioners unto his Ma'* who pittying y" cases referred y"" to y*^ Lords, to examine y^ truth thereof, & to consider of y® meanes of reformation, who calling some of us to give acco', by w* Authority, or by whose meanes these People were sent over, & conceiving some of us to be guilty thereof, W3 were called for from o"^ houses farre remote in y^ country at unseasona- ble times to o"" great chars^e & trouble. But as innocence is confident, so we easily made it appear y' we had no share in y® evils coinitted, & wholy disclaimed having any hand therein, humbly referring to y"" Lrd^" to doe w' might best sort w*^ y"^ wisedoms who found matters in so desperate a case, as that they saw as that they saw [sic] a necessity for his Ma"* to take y* whole buisnesse into his own hands, if otherwise we could not undertake to Rectify w' was brought 200 DOCUMENTS RELATING TO THE to ruine But findinor it a taske too great for us to per- forme, we rather chose to resigne all into his Ma"®* hands to doe therein as he pleased, to w" we conceaved it did principally belong to have care of a buisnesse of so high a consequence as it is now found to be. After all these troubles & upo these consideracons it is now resolved y' y" Patent shall be surrendred unto his Ma''®, w"' reservation of all such lawfull rights as any is or hath been seized w**" eyther before or since the Patent Granted to those of y® Bay of Massachusets. And that it may please his Ma"® to Passe particular Grants unto us of such proportions of Lands as we have mutually agreed upon & are recorded before in y* Booke That we having his Ma"'* grants of the same under a setled Goverment, may the more cheerfully proceed in y® planting of o' severall Provmces, & w*^ y® better couraire & assurance prosecute y® same to a full selling of the slate of those countries, & a dutifull obedience of all such as shall come under us to his Majesties Lawes & ordinances there to be establish®'', & put in execution by such his Maj"®* Lieftn** or Governo as shall be imployed for those services, to y® glory of Allmighty god, the Hoi\or of his Ma"®, & Publick good of his faithfull Subjects. And thus much we have thought fit to be Recorded, & in convenient tyme published, y* Posterity may Know y® Reasons & necessities moving us to quit o'^selves of these inconveniences & dangers that might have fallen upon the Plantations for want of power in us to reforme the same. 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 tirst printed by Ebenezer Hazard, " Historical Collections, Consisting of State Papers and Other Docu- ments " (Philadelphia, 1792), I., 392, and reprinted by Nathaniel Bouton, compiler "Records of New Hampshire, Provincial Papers" I., 40. Text. At a Meeting in the Earl of Carlile's Chamb-- at Whitehall the 26'^ day of April 1635 present Earl Marshall. Earl of Carlile. Earl of Sterline. L*^ Matrevers. L** Gorges. S"^ Ferd. Gorges. Capt. J. Mason. Memorandum, ye Marq. Hamilton being in 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® Petition following was read to their Lopps, which is to be presented to his Ma*^ & was approved of. To the Kings most Excellent Ma'''. The humble petition of S*" Ferdinando Gorges in y*" name of himselfe & divers Lords & others, ancient patentees and adven- turers in the plantation of New England. Humbly prayeth that in as much as they are presently to joyn in a voluntary surrender of y*^ Grand Patent of their Corporation to y*^ Ma*^, that y*^ Ma*^ would be pleased to give orders to M"" Attorney Genlt to draw such patents for confirmation of such parcels of Lands as by mutuall consent in their Court have been allotted unto them, and to have the said Patents prepared for y"^ Ma'^* Royall signature, with such priviledges & immunityes as heretofore they have or might have enjoyed with their Land, by vertue of the said Grand Patent. The said Land to be holden immediatly of y"^ Ma*y & submitting themselves to y"" Ma*^^ Govern'' or Lieu- ten' of New England for the time being. Also with reser- vation of the right of every one lawfully planted in any of the said Lands, according to any act provided in that Case by y® said patentees and adventurers in their Court, by means wherof every of them knowing their own inter- ests and authority may be the better able to plant their Lands & govern their Tenants and servants in the same, to the Honour of v*^ Ma*y & the rendring of such obedience to y"" highnesse laws as shall be approved oft" & 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. 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™ this Present writing shall come the President & Counciil established at Plymouth in y® Cou nty of Devon for the Planting Ruling & Governing of New England in America send Greeting in o"^ Lord god Everlasting. Whereas o"" late soveraign Lord King James of ever blessed memory by his Highuesse Letters Patents, under the great Seal of England bearing Date at Westmin- ster S'^of Nov : in y'' 18"> year of his Ma^'^* Reign of England France & Ireland, & of Scotland y*" 54"" upon y^ motions Reasons & Causes in y'^ sayd letters Patents menconed & contayned, did for him his 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 Reahne of England therein named to be the first & present Councill established at Plymouth At Plymouth \_sic'] aforesayd, for the Planting Ruling Ordering & Governing of New England in America aforesayd, & them the sayd Duke of Lenox &c : therein named &, the survivors of them &, their Successors to be Elected as in the sayd Letters Patents is Expressed Did by the sayd Letters Patents incorporate Erect ordain name con- stitute & establish to be one Body Politick & Corporate in Deed & name, by the name of y** Council Established at Plymouth aforesayd in the sayd County of Devon, for the Plantino; Rulins; & Governino; of New England in America aforesayd, to have perpetual Succession, w"' diverse other Powers Priviledges, Irnunities, Provisions & Restrictions for the propagation & establishing of true Religion in those parts, & for the better Regulating of the same Plantation, As in & by y^ same Letters Patents, due reference thereunto had more plainly & at large appeareth Now Know Ye that the sayd Presid' & Councill, for diverse good Causes & Considerations, them therunto moving have given granted assigned, yeelded up & surrendred, And by these presents doe give grant Assigneyeeld up & Surrender, unto o"" most gracious Soveraign Lord Charles by the grace of god K: of England Scotland France & Ireland Defender of the faith &c : The sayd Letters Patents to the Duke of Lenox, Marquis of Buckingam &c : therein named for the Plantino^ Rulino; 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 Coinon Seal to be put to these Presents, the seaventh day of June in y** 11'^ year of the reign of o"" sov- eraign Lord King Charles & in the year of o"" Lord God : 1635/; XLVI. EXTRACTS FROM THE CHARTER OF NEW HAMP- SHIRE, BY CHARLES I. OF ENGLAND. August 19/29, 1635. ^ jSources. 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, Avhose 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, ifl^f, 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 IFrance & Ireland Defender of the flaith &c To all to whome 206 DOCUMENTS RELATING TO THE these presents shall come Greeting Whereas our trusty and welbeloved Servant Captain lohn Mason Esq"" Treasurer and Paymaster of Our Armies hath been an humble Suitor unto Us to grant and coniirme unto him and his heyres a part and portion of the Country of America now commonly called or known by the name of New England in America hereafter in these presents described and to be described by the Meetes and bounds thereof with diverse and Sundry privileges and Jurisdictions for the welfare of the State of those Colonies that are and shalbe drawne thither and for the better Government of the people that shall live and in- habit within the Limits and precincts thereof Which part or portion Wee have heretofore amongst other things for Us our Heyres and Successors taken into Our actual and real possession and in default of Such actuall & reall possession formerly taken doe by these presents for Us our Heyres and Successors take the same into Our actuall and reall possession Ifnoive yee that of Our Speciall grace certain knowledofe and mere motion Wee have o-iven o-ranted and confirmed and l)y this Our present Chartei- 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 fiee 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 Ro^^all rights roy ties privileges ffranchises preheminences liberties powers Exemptions and immunities temporalities and hereditaments aswell by Sea as land and aswell w ithin the said tracts of land upon the main aswell within the said Islands or any of them and the coasts of or on the same or any part or 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 .... XLVII. 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 Newiohewannock (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. Saftbrd, 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 w^as 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." TERklTOKIAL 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 Soverejone Lord Charles by the s'race of God Kino; of England Scotland tiVance and Ireland Defender of the ffaith &c Between Sir fferdinando Gorges of London knio;ht on the One part and Captain lohn Mason of London Es- quire on the other part AVittnesseth That whereas our late Sovereign Lord King lames of Blessed memory h\ 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 fibr 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 Eno-land 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 ffishino-s huntino- hawkino- fJowling 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 P^ngland 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 fturthest 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 ftrom the mouth or Entrance of Sagadahock ftrom which period to cross over land to the Sixty miles End formerly accompted up into the Land ftrom pascataway harbour through Newich- ewanock River (which amongst other Lands are granted unto the said Sir fi"erdinando Gorges) Together with all mines and minerals aswell royall mines of Gold and Silver as other mines and minerals precious Stones Woods marishes rivers waters ffishings hawking hunting and (fowling 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 fturther Witt- nesseth That the Said Sir ft'erdinando Gorges for diverse good causes and considerations him hereunto especially moving hath granted aliened bargained Sold enfeofted and confirmed and by these presents doth grant alien bargain Sell enfeofie and confirme unto the Said Captain lohn Mason his heyres tmd 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 fish- 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 tferdinando 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 John Moor/Ser. This is a true Copie Edw Cranfield/ B : Sargeant. Rich : Povey. 212 DOCUMENTS RELATING TO THE XLVIII. 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 Depot de la Marine, Paris, with the records of the Company of New France. The text adopted here is a certified copy of the original, in " Memorials of the English and French Commissaries Con- cerninir the Limits of Nova Scotia or Acadia " (London, 1755)^1., 709, 710. Text. La Compagnie de la Nouvelle France : A tous ceux qui ces presentes lettres verront, Salut. Le desir que nous avons d' accroitre la colonic de la Nouvelle France, nous faisant recevoir ceux qui nous peuvent aider en ce loiiable dessein ; & voulant les inciter d' avantage, en les gratifiant de quelques portions de terres a nous concedees par le Roi, apres avoir ete certifies des bonnes intentions de Charles de Saint- Etienne sieur de la Tour, Lieutenant General pour le Roi es c6tes de 1' Acadie en la Nouvelle France, nomme par Mon- seig-neur le Cardinal Due de Richelieu, Pair de France, Grand-Maitre, Chef & Surintendant general de la naviga- tion & commerce de ce Royaume, sur la presentation de TERRITOKIAL 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 Majesty, avons doane & octroy^, don- nons & octroy ons par ces prdsentes, eu vertu du pouvoir a nous donn^ par Sa Majesty, le fort & habitation de la Tour, situ^ en la riviere Saint-Jean en la Nouvelle France, entre les 45 & 46, degrds de latitude, ensemble des terres pro- chainenient adjacentes a icelui dans I'^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 joulr par ledit sieur de la Tour, ses successeurs ou ayans cause, eu toute propri^t^, justice & seigneurie, & tout ainsi qu' il a plu au Roi clonner & con- c^der ledit pays de la Nouvelle France en notredite Com- pagnie ; tenir le tout en fief mouvant & relevant de Quebec, ou autre lieu qui sera ci-apres 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 hi Tour, ses successeurs ou ayans cause ne pourront faire cession ou transport de tout ou de partie des choses ci-dessus a lui couced^es pendant dix ans, a compter du jour & date des pr^sentes, sans le gre & 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 & accords le quinzieme Janvier mil six cent trente-cinq. Extrait des deliberations de la Compagnie de la Nouvelle France. Signe A. Cheffault avec paraphe. 214 DOCUMENTS RELATING TO THE XLIX. leasp: of land at casco bay to george cleeve, by sir ferdinando gorges. January 27 i pop /7 Feekuary 0' ^«^'^/'- Sources. The lease of land at Casco Bay, together with that of Hogg Island, was made ^^'^Z-^yl^ 163(3/7, by Sir Ferdi- nando Gorges to George Cleeve and Richard Tucker for two thousand years. The document not only aftbrds 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, ^^^^^% 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 L3'gonia, ^^^^1^% 1643 ; it was again recorded, ;]„"/ '^|, 1660, by Edward Rishworth {Ibid., Part I., folios 95, 96). A grant from Edward Rigby, Esq., of one thousand acres adjoining the former grant, Fel)ruary 20/30, 1652/3, was recorded September 3, 1658 {Ibid., folios 74,75). The lease was first printed by AYilliam 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- arv 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 faitli &c, Betweene S"" tferdinando Gorges of Ashton Phillippes in the County of Somersett knight of the one ptie, And George Cleeue of Cascoe in^the pvince of New Sommersett in New England in America Esquire , and Kichard Tucker of Casco aforesaid of the said pvince 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'' fierdinando 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 ouer land to the ffalls of Pesumpsca, being the first ffalls in y* River, vpon a straight line containeing by estimacon from ffall to ffall as aforesaid neare aboute an English mile (w'='> together w'*' 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'misses and now in the tenure or occupacon of the said Georse Cleeue and Richard Tucker 216 DOCUMENTS RELATING TO THE commonl}' called or knowne V)y the name of Hogg Island, w*^'^ said p'"niisses w^'^ their appur^nances are not already possessed or passed to any other pson or psons whatsoever, hut now granted by nie and this my speciall order for confirmaoon thereof vnder my hand and seale/ All w*^"^ p^'misses now are and hereafter shalbe deemed reputed and taken to be parts parcells and members of the pvince of New Somersett shire in New England aforesaid And also the said S'" fferdinando Gorges for the consideracons aforesaid Hath giuen granted bargained sold and confirmed And by these puts Doth giue grant bargaine sell and confirme vnto the said George Cleeue and the said Richard Tucker their heii'es and assignes Together w"^ the said porcon of lands and p'"misses all the soyles grounds woods and vnderwoods. Havens Ports, Rivers, waters, lakes, ffishings ffowleings, JNIines and Min- eralls As well Royall ]\Iines 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''misses, or within any pte or pcell thereof, Saveing excepting and reserueing only out of this present grante the fift pte of all the oare of gold and siluer found and to be found in or vpon the p^^misses or any pte or pcell thereof Due vnto his Ma*'^ his heires and suc- cessors, and now or at any other time hereafter reserued, or to be reserued. To haue and to hould all and singular the said parte purparte and porcon of lands, and all other the p''misses herein menconed to be bargained sold or granted w*'' their and every of their ayjpur^nances 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"" 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 flfree Mannors in free and coiTion 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 Realnie of England vsed and approued within the same for tenants of like nature/ And the said S"" fierd- inando Gorges for himselfe his heires and assignes Doth couenant gmise and grante to and w"' the said George Cleeue and Richard Tucker their heires and assignes by theis pnts, That he the said S"" fferdinando Gorges his heires and assignes shall and will from time to time, and at all times hereafter Doe make acknowledge execute and suffer, or cause to be Done made acknowledged executed and suffered all and every such further and other reasonable 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'misses w'^ their and every of their appurlnances vnto the sai[d] George Cleeue and tlie 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"" flerdinando 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 lawfuU atturney and atturneys, Joyntly or seuerally for him and in his name to enter into the said lands and other the said bargained p^'misses, or into any pte or pcell thereof in the name of the whole, and thereof to take full and peaceable possession and seisin, And after such possession and seisin so had and taken Then for him and in his name 218 DOCUMENTS RELATING TO THE to Deliuer full and peaceable possession and seisin of the same lands and p''misses vnto the said George Cleeue and Richard Tucker their heires and assignes according to the tenor effecte and true meaneing of theis pnts In wittnes whereof the said pties to theis present Indentures Inter- changeably haue sett their hands and scales/ Dated the Day and yeare first herein aboue written Annoque Domni 1636 Sealed signed and Deliuered in the presence of fierd : Gorges fffy William Withington John AVinington MemoranO that I Arthur Mackworth gen? 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''sence of Thomas Lewis Arthur Mackworth John Hickford George ffrost This is a true coppie of the originall Deed examined and Recorded the 24"' Day of May by me Roger Garde Recorder : TERRITORIAL HISTORY OF MAINE. 219 COMMISSION TO SIR FERDINANDO GORGES AS GOV- ERNOR OF NEW ENGLAND, BY CHARLES I. OF ENGLAND. July 23 1/-Q7 August 2 ' ^^^*' Sources. The royal commission to Sir Ferdinando Gorges as governor of New England, i'J/J„,tf, 1637, is in the Public Record Office, London, "Colonial Entry Book," III., (30.^ It was tirst printed by Samuel G. Drake, " Founders of New Enoland," in the " New En<>land 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 Sains- 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'mt in Our Territorye of New England for prevention of those evills that otherwise might Ensue for defoult 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 dift'ering humors and many other diflerences 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 fl'athers 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 GouernemMn 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 coinendable 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 Our Eoyall 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 Dechiration of Our said pleasure, That therby it may appear to our ^ood 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 will 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*" 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 Countrye, ffree liberty at all times hereafter to go themselues and also to send such Numbers of people to their plantacoiis as by themselues shall bee thought conuenient Heerby strictly charging and commanding all our Officers and others to whom it shall or may 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 veare of Our Raione. 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 contirm allotment No. 7, according to the division of the (}reat 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 fornuda 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," HI. , 152-178, is certitied 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 L, 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 IL, 82- 93 ; and another is printed by James Phinney Baxter, edi- tor, " Sir Ferdinando Gorires and His Province of Maine" (Prince Society, 1890), 11.^, 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 IVIetes & 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^ of the People that shall live & inhabit within the Limits & Precincts thereof, which y)art 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 the Mouth of Sagadahoc, & 224 DOCUMENTS KELATING TO THE from the Period of One hundred & twenty Miles afores*^ to cross over Laud 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 Capavvock & Nautican near Cape Cod, as also all the Island & Isletts lying within five Leagues of the Main all along the aforesaid Coasts between the afores*^ Rivers of Piscataqua & Sagada- hoc, with all the Creeks, Havens & Harbours thereunto belonging, & the Reversion & Reversions, Remainder & Remainders of all & singular the s'' Lands Rivers & Prem- ises, all which s"^ Part Purpart or Portion of the said Main Land, & all & every the Premises herein 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 INIain 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 & Ambergrease which shall be found within the s'' Province & Premises or any of them & the Limits & Coasts of the same or any of them, or any part of them or any of them, & all & singular other Profitts, Benetits & 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 l)e built & erected so many Churches & Chapels there, as to the said Sir Ferdinando Gorges his Heirs & Assigns shall seem meet & convenient, & to dedi- cate and consecrate the same, or cause the same to be dedicated & consecrated according to the Ecclesiastical Laws of this our Realm of England, together also with all & singular & as large & ample Right, Jurisdictions Priv- iledges, Prerogatives, Royalties, Liberties, Immunities, Franchises, Preheminences & Hereditaments as well by Sea as by Land within the s'^ Province & Premises, & the Pre- cinct & Coasts of the same or any of them, & within the Seas belonging or adjacent to them or any of them, as the Bishop of Durham, within the Bishoprick or County Pal- atine of Durham in our Kingdom of England now hath, useth occupieth, or of Right he ought to have, use, enjoy within the said County Palatine, as if the same were here- in particularly mentioned & expressed, to have & to hold, possess & enjoy the said Province & Premises & every of them & all & singular other the Premises before by these Presents granted or mentioned or intended to be granted, with their & every of their rights, members & Appurtenances unto the said Sir Ferdinando Gorges his Heirs & Assigns to Vol. I. 16 226 DOCUMENTS RELATING TO THE the sole & ouly 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 ot 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 an}' such shall be there found) & the fifth Part of all Gold & Silver found upon the Sea, Ashoar or in Rivers or elsewhere wnthin the bounds & Limits of the said Province & Premises, & the fifth part of the clear yearly Profiit 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 coiiiitted 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 Profl5ts 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 Supreara 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'' 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* 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*^ 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 cS; Premises & of the Jnhabitants thereof by imposing of Penalties Jmprisonments or other Correction, or if the Oflence shall require by tak- ing away of Life or Member, The said Laws & Constitu- tions to extend as well to such as shall be passing unto or returning from the said Province or Premises, as unto the Inhabitants or Eesidents of or within the same, & the same to be put in Execution by the said S"" Ferdinando Gorges his Heirs & Assigns or by his or their Deputies Lieutenants, ludges Officers or Ministers in that behalf lawfully author- ized, &, the same Laws, Ordinances and Constitutions or any of them to alter, change revoke or make void, & to make new not repugnant nor contrary but agreable as near as may be to the I^aws of England as the s*^ S"" Ferdinando 228 DOCUMENTS RELATING TO THE Gorges his Heirs or Assigns — together with the Freeholders or the greater Part of them for the time being shall from time to time think tit & convenient; And we do further by these Presents for us our Heirs & Successors give & grant unto the said S"" Ferdinando Gorges his Heirs & Assigns full Power & Authority, & that it shall be lawfull to & for him the s'' S"" Ferdinando Gorges his Heirs & Assigns to erect Courts of Justice, as well Ecclesiastical as Civil & Temporal whatsoever, & to appoint & constitute from time to time Judges, Justices, iSIagistrates &. Officers as well of the said Court & Courts of lustice as otherwise, as well by Sea as by Land, for the hearing & determining of all man- ner of Causes whatsoever within or concerning the said Province & Premises or any of them, or the Jnhabitants and Residents there, & Passengers to or from the same as well l)y 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 ludges Magistrates & Officers with such Power & in such Form as it shall seem good to the said S'' Ferdinando Gorges his Heirs & As- signs, And the said Judges, Justices, Magistrates & Officers & every or any of them from time to time to displace & remove when the said S' Ferdinando Gorges his Heirs or Assigns shall think tit, & to place others in their Room & Stead, & that the Inhabitants & Residents within the s"* Province & Premises & Passengers to & from the same may within forty days after Sentence given in said Courts where Appeals in like Courts within this Kingdom are admitted appeal to the said S"" Ferdinando Gorges his Heirs and As- signs, or his or their Gen" Governor or cheif Deputy of the said Province and Premises for the time l)eing. 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 tlie said S"" Ferdinando Gorges his Heirs & Assigns full Power & Authority to pardon remit & release all Offences & Offenders within the said Province & Premises ag^*^ all, every or any the said Laws Ordinances or Constitu- tions, & to do all & singular other things unto the Execution of Justice appertaining in any Courts of Justice, according to the Form & Manner of Proceedings in such Courts to 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"" Ferdinando Gorges his Heirs & Assigns for & concerning the Govern m* both Ecclesiastical & Civil within the s"* Province & Premises shall be subordi- nate & subject to the Power & Reglem' of the Lords & others Commiss" here for forreign Plantations for the time being, but for all & whatsoever doth, shall or may concern the Pro- priety of the s*^ Province, Parts & Coasts of the same or any of them, or any Owner-ship or 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 o-ive & o^rant unto the said Sir Ferdinando Gorges his Heirs & Assigns full Power & Authority that he the said S'" 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^ of the Peo- ple there abiding or passing to or from the same, & to publish the same to all to whom it may concern, which Ordinances we do for us Our Heirs & Successors streightly command to be inviolably observed within the s'^ Province or 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 Right 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 bar1)arous People as of Pirates & other Enemies may be justly feared, we do therefore for us Our Heirs & Successors give & o-mnt unto the said Sir Fer- dinando Gorges his Heirs & Assigns full Power & Authority, y* he the s'^ Sir Ferdinando Gorges his Heirs and Assigns, as well by him & themselves as l)y his and their Deputies, Captains or other Officers for the time being shall or law- fully may muster, levy, raise, arm & employ all Person & Persons whatsoever inhabiting or residing within the said Province or Premises for the resisting or withstanding of such Enemies or Pirates both at Land & at Sea, & such Enemies & Pirates if Occasion should require to pursue & prosecute out of the Limits of the said Province or Premises, & them if it shall so please God to vanquish, apprehend & take, & being taken, either according to the Law of Arms to kill or to keep &, preserve them at their Pleasures And likewise by force of Arms to recover from any Person or Persons all such Territories, Dominions Lands, Places, Goods, Chatties & Wares which hereafter shall be taken from the said S"" Ferdinando Gorges his Heirs or Assigns, or TERRITORIAL HISTORY OF MAINE. 231 from his or their Deputies Officers or Servimts, or froiu tiny 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 Grorges 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 Rebelb'on, sudden Tumult or Mutiny shall happen to arise e ther upon the said Land within the s'' Province & Premii^ ?s or any of them, or Coasts of the same, or upon the nicin Sea in passing thither or returning from thence, or in any such Expedition or Service as afores'*, it shall & may be lawfuU 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 he authorized, to whom we also for Us Our Heirs & Successors do give & grant full Power and Authorit}' to do & execute the same, to use & execute Mar- tial Law ag"' 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"" Officer, Minister, Person & Persons which shall by the said Sir Ferdinando Gorges his Hen-s 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 thoin snob t^ so many Forts, Fortresses, Plat- forms, Castles, Cities, Towns & Villages & all Fortitiea- tions whatsoever, tt the same & every of them to t\)rtify & furnish with ]\Ien, Ordinances, Powder, Shott, Armour, &, all other "V>'eapons, Munition & Habiliments of War both for defence ct Otience whatsoever, as to (he said Sir Ferdi- nando Gorges his Heirs & Assigns vSo every or any of them shall seem meet & convenient, & likewise to commit from time to time the Governm' Custody & Defence thereof unto such Person c^- Persons as to the said Sir Ferdinand© Gorges his Heirs & Assigns shall seem meet, & to the said several Cities, Burroughs tSc Towns to grant Letters or Charters of Jncorporations with all Liberties & things belonging to the same, cC' in the said several Cities Burroughs c^ Towns to constitute such tt 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 tit. 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 oi' our special Grace, certain Knowledge & meer Motion, for us Our Heirs & Successors give & grant unto the said S'' Fer- dinando Gorges his Heirs & Assigns & unto all other our Subjects the Dwellers or Inhabitants that shall at any time hereafter be the Planters of or in the said Province or any of the Premises free Licence c^ Lil)erty tor the landing, bringing in & uidading or otherwise disi)osing of all the Wares & Merchandizes, Protitts & Comodities of the s*^ Province or any the Premises both by Sea & Land, either by themselves or their Servants, Factors or Assigns, in any of the Ports of us Our Heirs & Successors within Our King- doms of Enirland & 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 Pleirs & Suc- cessors irive & ffrant unto the said S'' Ferdinando Gorges his Heirs & Assigns full & absolute Power & Authority to make erect & appoint within the s*^ Province & Premises such & so many, Ports, Havens, Creeks & other Places for the Laading & unlading of Ships Barques & other Vessels, and in such & so many Places, & to appoint such Rights Jurisdictions, Priviledges & Liberties unto the said Ports Havens & Creeks belongino- 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"" 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'* Sir Ferdinando Gorges his Heirs or Assigns shall seem meet and Convenient, & the s^ Person & Persons according to the said Estate & Estates so assigned & granted to have & enjoy the same, & to make, erect & ordain in & upon the said Province & Premises, or in & upon any of them or any part or parcell of them so many several & distant [distinct?] Mannors as to the s'' S"" Ferdinando Gorges his heirs & Assiijns from time to time shall seem meet, & to the same sev" Mannors to assign, hmit & appoint so much Land distinctly & severally for Demesne Lands ot the said several Mannors, & every of them, as to the s'* S'' Ferdinando Gorges his Heirs & Assigns shall & may seem necessary & fit, & the said Mannors or any of them to call by such Name cS; Names as the said S"" Ferdinando Gorges his Heirs & Assigns shall please. The said Mannors to be TERRITORIAL HISTORY OF MAINE. 235 holclen of the said S' Ferdinando Gorges his Heirs & Assigns by such Services & rent as to him or them shall seem meet, & also that the said S"" Ferdinando Gorges his heirs & Assigns shall & may at their Pleasure grant in Freehold so much of the said Demesne Lands, ffents & Hereditaments belonging or to be belong^ to any of the said Mannors or any Person or Persons their Heirs & Assigns for & under such Rents & Services as to the said Sir Ferdinando Gorges his Heirs or Assigns shall be thought fit to be holden of the said Sir Ferdinando Gorges his Heirs & Assio;ns 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 WMthin 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 time being of Us Our Heirs & Successors all and all Manner of lurisdictions, Rights, Powers Benefits 236 DOCUMENTS RELATING TO THE & Authorities whatsoever incident or belonging to the said OflSce of Admiral, which it shall be lawfull from time to time to Us, Our Heirs & Successors, or to the Lord High Admiral of England for the time being to have use and exercise within the said Province & Premises, & the Seas or Rivers thereof, or within twenty Leagues of the same as afores*^ 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 ludges Jus- tices, Magistrates & other Officers whatsoever by the s'^ S"" Ferdinando Gorges his Heirs & Assigns his or their Dep- uties to be elected at y* Election of them or [to ?] their several Offices or Places, or within convenient time after, & also that he the said Sir Ferdinando Gorges his Heirs and Assigns shall have full Power & Authority as well by him & them- selves as by his or their Deputies or other cheif Magistrate or Officer by him or them to be in that behalf appointed to give & administer reasonable Oaths to all or any Person or Persons of what degree or 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** Province & Premises or any of them, for the true & faithfuU Execution & Performance of their sev" Charges & Places, as for the Examination & clearing the truth, & likewise for the In- formation & better direction of his & their ludgm'' in any matter or cause whatsoever Cerning the said S"" Ferdinando Gorges his Heirs or Assigns, or any Inhabitant, Member or Person belonging f)r repairing unto the s'' Province & Prem- ises, or any of them, or any part of them, & in all Causes, Actions, Suits & Debates there to be begun & prosecuted TERRITORIAL HISTORY OF MAINE. 237 as the Nature of the Cause 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"" Ferdinando Gorges his heirs & Assigns, prepared & furnished w*"" 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^ S"" Ferdinando Gorges his Heirs or Assigns shall think fit in such Voyage into the s'' Islands & Places or any part thereof, as well for the Plantation & Fortification thereof as otherwise, & that these Presents shall be a sufficient Licence & Warrant for any Person & Persons that shall be by him or them sent & employed thither to go beyond y® Seas & in that manner so as the Persons so to be shipped, sent or transported as afores'^ be not such as are or for the time being shall be prohibited by Proclamation of Us, Our Heirs or Successors, or by any Order or Orders of the Lords or other Comm" for foreign Plantations for the time being, And We do for us our Heirs & Successors further grant to & with the said Sir Ferdinando Gorges his Heirs & Assigns that only he the s^ S"" Ferdinando Gorges his heirs & Assigns, & his & their Factors, Agents, & such as shall be employed sent, licenced or allowed 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® 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 1)uying 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"" Ferdinando Gorges his Heirs or Assigns from henceforth & at all times, & from time to time after the date of these our Letters Patteuts according to the Orders & Constitutions of the said S"^ Ferdinando Gorges his heirs & Assigns not being repug- nant to Our Proclamations & Orders of the Lords & others our Comm'' as afores** to take, convey, carry & transport for & towards the Plantation of the said Province & Prem- ises or any of them, or to be used there or in the Passage thither, or returning from thence, & there to leave, abide and inhabit all such & so many of our loving Subjects, or any other Strangers that will become our Subjects, & live under our Allegiance as shall willingly transport themselves or be transported thither, & that such our Subjects or Strangers may together with their Persons send, carry or convey thither as well Shipping, Armour, Weapons, Ord- nance, Ammunition, Powder, Shottand Habiliments of War as Victuals, Canvas, Linnen, Woolen Cloth, Tools, Imple- ments, Furniture, Swine & Pullen, Goods, Wares, Mer- chandizes of all Kinds and Sorts whatsoever fit & necessary for the Food, Livelyhood, Habitation, Apparel or Defence of Our Subjects which shall there inhabit & be, & all other. Wares, Merchandizes and Goods whatsoever not prohibited by the Laws or Statutes of this our Kingdom, paying Cus- toms and other Duties as other our Subjects do in such Cases And of Our further royal fevour we have granted & by these Presents for us Our Heirs & Successors we do grant unto the said S*^ 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™ 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"" 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 trafEck into or from, nor to inhabit or abide in the s'' Province of Mayne, Jsland, Dominions or Places hereby mentioned or intended to be granted or any of them, other than the s*^ S"" Ferdinando Gorges his Heirs and Assigns, & his & their Deputies & Factors, unless it be with the licence & consent of the s*^ S"" Ferdinando Gorges his heirs & Assigns first had & obtained in that behalf in Writing under his or their hands & Seals under Pain of our Indignation, & also of such Penalties & Punishments as by the Laws & Ordinances of the said Sir, Ferdinando Gorges his Heirs & Assigns to be made in that behalf, shall be appointed ; And We do further for Us, Our Heirs & Suc- cessors grant unto the s*^* S"" Ferdinando Gorges his Heirs & Assigns, that all & every the Persons being the Subjects of Us Our Heirs & Successors, which shall go or inhabit within the s'^ Province & Premises or any of them, & all & every the Children & Posterity descending of English Scottish or Jrish Parents which shall happen to be born within the same or upon the Seas in passing thither or from thence, from henceforth ought to be & shall be taken & reputed to be of the Allegiance of Us, Our Heirs & Successors, & shall be & so shall be for ever hereafter esteemed to be the natural born Subjects of Us, Our Heirs & Successors, & shall be able to plead & be impleaded, & shall have Power & be able to take by descent. Purchase or otherwise Lands Tenements 240 DOCUMENTS RELATING TO THE & Hereditaments & shall have & enjoy all Liberties, Fran- chises & Jramunities of or belonging to any of the natural born Subjects of this our Kingdom of England within this Our Kingdom, & within all or any other of Our Dominions to all Intents & Purposes as if they had been abiding & born within this Our Kingdom or any other of Our Dominions ; And We do further for us Our Heirs & Suc- cessors give full Power & Authority to the s'' S'' Ferdinando Gorges his Heirs & Assigns or any Person or Persons to be thereunto nominated by the s'' S"" Ferdinando Gorges his Heirs & Assigns to minister & give Oaths of Allegiance and Supremacy according to the Forms now^ established in this our Realm of England to all & every such Person & Persons as they shall think tit, that shall at any time or times go or pass into the s'' Province & Places or any of them, or shall be resident or abiding there ; And Our further Will & Pleasure is, & We do by these Presents for us, our Heirs & Successors covenant, promise & grant to and with the said S'' Ferdinando Gorges his heirs & Assigns, that if he the said Sir Ferdinando Gorges his heirs or Assigns shall at any time or times hereafter upon any doubt which he or they shall conceive concerning the Validity and Strength of this present Grant be desirous to 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" of the said S"" Ferdinando Gorges his Heirs & Assigns, such further & better Assur- ance of all & singular y^ Premises hereby granted or men- tioned or intended to be granted according to the true Meaning of these Our Letters Patents shall from time to time by Us, Our Heirs & Successors be made & granted unto the said Sir Ferdinando Gorges his Heirs & Assigns, as by the Attorney Gen" of us Our Heirs & Successors for TEKKITOKIAL HISTORY OF MAINE. 241 the time being & the learned Council of the s*^ 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'' Province & Premises shall be immediately subject to our Crown of England & dependant upon the same for ever. And further We Will, & by these Presents for us, Our Heirs & Succes- sors do grant to the s*' S"" Ferdinando Gorges his Heirs & Assigns that this Our Letters Pattents or the Enrolment of them shall be in all things, & to all Jntents & Purposes firm good & 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'' Sir Ferdinando Gorges his Heirs & Assigns, no Jnterpretation being made of any Word or Sentence whereby Gods word, true Christian Religion now taught, professed & maintained, y"* fundamental Laws of this Realm, or Alle- giance to us, Our Heirs & Successors may suffer prejudice or 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 heighth, 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 Gorg-es his Heirs & Assigns. Jn Witness whereof We have caused these our Letters to be made Patents. Witness Ourself at TERKITORIAL HISTORY OF MAINE. 243 Westminster the third day of April, Jn the fifteenth Year of Our Reign. Per breve de privato 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 -. /.qq September 1' J-^^y- Sources. By the conveyance of lands at " Pagiscott" (Pejepscot) from Thomas Purchase to Governor Winthrop, teptember^i» 1639, Massachusetts acquired her first right of jurisdiction in Maine. The original deed was entered in the " Records of the Governor and Company of the Massachusetts Bay in New England," I., 124, and is found in the printed " Rec- ords," I., 272, 273, An early manuscript copy from the original records is in the possession of the Maine Historical Society, " Pejepscot Papers," VII., 489 ; it was printed by Ebenezer Hazard, " Historical Collections, Consisting of State Papers and Other Documents" (Philadelphia, 1792), I., 457, and by George Augustus Wheeler and Henry War- ren Wheeler, "History of Brunswick, .... Including the Ancient Territory Known as Pejepscot" (Boston, 1878), 9. The text adopted is that of the printed " Massachusetts Records." Text. This indenture, made the 22**^ day of the S'** m% @ 1639, betweene Thomas Purchase, of Pagiscott, gentleman, of 244 DOCUMENTS RELATING TO THE the one parte, and John Winthrope, Es(j, Governo'' ot the Massachusets, on the behalfe of himselfe, the Governo'' & 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 j^sents doth give & grant, vnto the said John Winthrope & his successors, the Governo"" & Company of the Massachusets, forever, all that tract of land at Pagiscott aforesaid, vpon both sides of the ryver of Androscoggin, being four miles square towards the sea, w*'" all liberties & priviledges therevnto belonging ; so as they may plant the same w'^ an Inglish colony when they shall see fit, and shall have as full power forever to exercise iurisdiction there as they have in the Massachusets ; provided, that the interest & possession of such lands as the said Thomas now vseth, or shall make vse of, for his owne stock, & improvement w^'^in seaven yeares next ensuing the date hearof, shall bee & remaine to the said Thomas, & his heires & assignes for- ever, vnder the iurisdiction aforesaid ; and as well the said Thomas himselfe, & his family, & his heires & assignes, as all other the inhabitants vpon the said lands, are forever to bee vnder the due ptection of the said Governo"" & Com- pany, by order of the Generall Court, as other inhabitants of the same iurisdiction are : This grant by approbation of the said Generall Court to bee recorded & exemplified vnder the coiSon scale, or otherwise to bee voyde. In witnes whereof the parties abovesaid have hearvnto interchangably set their hands & scales the day & yeare first above written./ THOMAS PURCHES. Signed, sealed, & deliv''ed, in the psence of STEPHEN WINTHROPE, THOM: LECHFORD, AMOS RICHARDSON. TERRITORIAL HISTORY OF MAINE. 245 LIII. COMMISSION TO SIR THOMAS JOCELYN AND OTHERS, BY SIR FERDINANDO GORGES. September 2/12, 1639. Sources. The commission to Sir Thomas Jocelyn and his council- lors, 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 scale of England, bearing date the third day of April, in this present fifteenth yeare of his highness' raigne, graunted and confirmed unto me the said Sir Ferdinando Georges, all that part and porciou of land lying and being in New England aforesaid, which by the 246 DOCUMENTS RELATING TO THE meetes and bounds thereof, extendeth itself from the en- trance of Pascataway Harbour unto the river of Sagadeba- docke, and soe up into the maine kind one hundred and twentie milles, and hath declared his royall pleasure that the said portion of maine land aforesaid shal be henceforth called and named the Province of Maine, with all the soyles, rivers and brookes thereof, and hath also, by his said royall charter, given me power and authoritie to make and estab- lish ordinances for the better government and wellfare of the inhabitants of the said province, and publique peace thereof, with divers other royalties, priviledges and imuni- ties, as by the said royall charter, a true copy whereof is hereunto annexed, wherunto relation being had more at large, it doth and may appeare ; by vertue whereof, I have upon deliberate consideration, made and established the or- dinaunces unto this commission subscribed, for the better government of my said province, and until my further pleasure shall be signified for the revocation and making voide thereof, or untill I shall assemble the freeholders of my said province for enacting such lawes and statuts as may agree with the welfare of the publique state of the said province : wherefore, of the speciall good opinion which I have conceived of my trusty and well-beloved Sir Thomas Josselin knight, Richard Vines, Esq. my steward general, Francis Chapernoon, Esq. my loving nephew, Henry Jos- selin, and Richard Bonithton, Esquires, William Hooke and Edward Godfree gentlemen, I doe hereby constitute, ordaine and appoint them, the said Thomas Josselin knight, Richard Vines, Francis Champernoone. Henry Josselin and Richard Bonithton, Esquires, William Hooke and Edward Godfree, gentlemen, to be my councellors for the due execution of justice in such manner and forme as by my ordinances hereunto subscribed is directed, and as by the said annexed royall charter I am inabled, and TERRITORIAL HISTORY OF MAINE. 247 doe alsoe give them power and 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 scales, directed to the provost mar- tiall, or such other person or persons as they shall thinke fitt, to leavy amies, 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 into 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 provmce, whereby justice may be duly executed according to the tenor thereof, I have thought fit to reestablish a councell therein for the execution of justice according to 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, Escj. 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' reahne 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 scale of my said province, directed to the provost marshall or such other person or persons as they shall thinke Uicete, to leavy and take such forces as the said province will aiford, 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 martiall 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 ^ 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 » " Detetminatlon " in Sullivan. 252 DOCUMENTS EELATING TO THE that your meetings be upou 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 couucell, 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, robber3'es, pettiiarcen^'es, rapes and ravish- ments, swearing, drunkenness, adultereyes, fornication, incest, riots, routs, unlawful assemblyes, spreaders of false newes, oppressions, exaccous, extorcous, forestallinge, re- grateinge, and all other undue raisinge the prices of the commodities whatsoever, and alsoe all forgeryes, perjuryes, and all other otfences 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 couucell 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, upou any person or persous duly convicted or found guilty before them, for committing auie of the oftences 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 ofteud- ers in as large and ample manner as by the said letters pat- tents I am enabled and no otherwise. And I doe further ordcyne that my said couucell 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, withiu the said province, and to make such orders upon hearing thereof for the relief of the comphiinant as the justness of the cause shall require, and as to the lawes and statutes of this his highness' realme of P^ngland are agreeable, and to award such costs and damages lo 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 hearino:e 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 conteraninge 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 Z>. 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 seale 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 1 or constable of the peace, 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 scale, &c. And I doe further ordeyne that you appointe some able sufficient clarke, to register all your proceedings, and record all your orders of courte ; and to assigne such other officers as shall be fitt, to attend your courte : and I doe alsoe ordeyne that if any person or persons shall contemne any of your orders, made according to the power unto me given by the said letters pattents, that you then assigne your provost martiall, to goe with a sufficient guard for apprehencon of such delinquents, and him or them to de- teyne in safe prison, till you further determine of them ; but in case resistance be made, then the provost martiall is to proceede to the killinge of such resisters as in like case of rebellion, you giving him warrant for soe doinge, which warrant is to be after this manner : To the provost martiall, &c. Forasmuch as sufficient proofs 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 cryme : and in case resistance, be made, or that he for- tify his house against you, that you then omit not by fire or otherwise to proceed against him, as against a dangerous 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 OF 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 procede to the orderinge or punishinge any of the offences or causes before expressed, shall take the oath of alleofiance according to the forme now used in this his high [n J ess' realme of England for their loyaltie to his maj- estic, and also the oath hereafter expressed tor 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 seale for sealing of all processes or warrants which shall issue from my said councell ; and doe ordayne that all processes or warrants which shall issue there without being duly sealed with the said seale, after the publishinge of these my ordinances, shall be utterly void and frustrate, and such persons as refuse to give obedience thereunto, not to be punished for their soe doinge. In witness whereof, I have hereunto put my hand and seale, the tenth day of March, in the fiftenth 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, 3 792), I., 468, 469 ; William Brigham, " The Compact with the Charter and Laws of the Colony of New Plymouth " (Boston, 1836), 305-307 ; and William T. Davis, " History of the Town of Plymouth, with a Sketch of the Origin and Growth of Sep- aratism " (Philadelphia, 1885), 44,45. There is also a manuscript copy in the British Museum, in a collection of 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 & Gefilull Courts of New Plymouth, his ma"% our dread soQaigne, Charles, by the grace of God King of Eng- land, Scotland, France, and Ireland, &8, concerning the gper right and title of the lands w"Hn the bounds and limm- itts of his said ma"*' Ires patents, graunted by the right hon''^'' his ma"*' counsell for New England, ratifyed by their coinon scale, and signed by the hand of the Right Hon'''* Earle of Warwick, then president of the said counsell, to William Bradford, his heires, associats, and assignes, beare- ing date, &8 ; and whereas the said Willm Bradford and diuers others, the first instruments of God in the begiriinge of this greate work of plantacon, together w"' such as the alorderinge hand of God, in his puidence, soone added vnto them, haue beene at very greate charges to gcure the said lands, ^viledges, & freedomes, from all entanglements, as may appeare by diuers and sundry deeds, enlargements of graunts, purchases, payments of debts, &6, by reason whereof the title to the day of this p''nt, reraayneth in the said 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, tlione beare- ing date the third of March, 1639, tliother in Decemb' y* first, 1640, wherevnto these p'nts haue speciall relacon & agreement, and whereby they are distinguished from others the freemen and inhabitants of the said corporation, — be it knowne vnto all men, therefore, by these p''nts, that the Vol. I. 18 258 DOCUMENTS RELATING TO THE said Wilim Bradford, for himself, his heires, together w''^ the said purchasers, do onely reserue vnto themselues, their heires and assignes, those three tracts of lands menconed in the said resolucon, order, & agreement, beareing date the first day of December, 1640, vizs, first, from the bounds ot Yarmouth, three miles to the eastward of Naemskeckett, and from sea to sea, crosse the said neck of land ; the sec- ond, of a place called Acconquesse, aP Acockcus, w'=^ lyeth in the bottome of the bay, adjoyneing to the west side of Poynt Perrill, and two miles to the westerne side of the said riuer, to another place, called Acqussent Riuer, w*^'* entreth at the westerne end of Nickatay, and two miles to the eastward thereof, and to extend eight miles vp into the countrey ; the third place from So warn sett Riuer to Patuc- quett Riuer, w*^ Causumpsit Neck, w'^'^ 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**" 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 Wiltm Bradford doth, by the free and full consent, approbacon, and agreement of the said old planters or purchasers, together w*"^ the likeing, approbacon, & accep- tacon of the other part of the said corporacon, surrender into the hands of the whole Court, consistinge of the free- men of this corporacon of New Plymouth, all that ther right & title, power, authorytie, p'"viledges, immunities, & freedomes granted in the said Ires patents by the said right hon''''' counsell for New England, reserueing his & their psonall right of freemen, together w*'' the said old planters aforesaid, except the said lands before excepted, declareing the freemen of this present corporacon, together w**^ all such as shalbe legally admitted into the same, his associats. And the said Willm Bradford, for him, his heires and assignes, TERRITORIAL HISTORY OF MAINE. 259 doe further hereby gmise and graiint to doe & pforme what- soeuer further thinge or thinges, act or acts, w*=^ in him lyeth, which shalbe needfull and expedient tor 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 Wilim Bradford hath in publike Court surrendred the said tres patents actually into the hands and power of the said Court, bynding himself, his heires, execuf% adminis- trafS and assignes, to deliG) 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 barae, together w*^ 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' Willm Bradford shall haue the keepeiug of the said tres patents, w*^'^ were after- wards deliQed 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'Auhiey. It is believed that De Razilly, at the same time at which he made La Tour commander in West Acadia, appointed D'Auhiey his lieutenant in East Acadia. While D'Aulney was always unwavering in his allegiance to the church of Rome, La Tour was ready at any time to change his religious belief for his own advantage. Many papers which relate to the D'Aulney controversy, including the commission, are in the " Massachusetts Archives," from which source they were printed by the Massachusetts Historical Society " Collections," 3d Series, VIL The commission is also included in " Collection de Manuscrits Contenant Lettres, Memoires, et Autres Doc- uments Historiques " (Quebec, 1883), I., 120-124; and a copy from the original is in " Memorials of the English and French Commissaries Concerning the Limits of Nova Scotia or Acadia" (London, 1755), I., 571-576. The text adopted is from the transcript in the " Massa- chusetts Archives," IL, 492-498, which is an English translation. Text. Lewis by the Grace of God King of France & Navarr to all People present and to com 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 TERKITORIAL 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 ao-ainst 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 several] persons great sums of money, we not havinof been able to give him all the assistance in that occa- sion that we had given, if the necessity of our affairs had permitted Vs. 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 failhfull 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 i'Acadie, beginning from the brink of the great River Saint Laurens, both along the Sea-caost and adiacent jslands, and innerpart of the main Land, and in that extent as much and as far as can be as far as the Virgiuias,^ 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 afiairs 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 estal)lish and maintain our Authority and the freedom of trade and commerce between our Sublets and Them and in other cases as he will think fit, to grant our said Subiects who may live and trade in the said Country et to the Natives thereof privileges places & dignitys according [to] the qualitys & merits of Persons, all under our good pleas- ure. We do will that the said d'Aunay Charnizay may and ' A word formerly used to denote New England as well as more southern colonies. 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 I'Acadie from the said River S. Lawrens as far as the Vir- gines, their appartenances & dependences under our name & authority all that we could do our selves if we were there in person, giving him to that end all power & authority & special commission by these presents. Et for as much that the only way that he hath hitherto had & hath now and may have for the time to come, to bear part of the great charges that he hath been and is still at the said Lord d'Aunay Charnizay, for the keeping both of the said four Forts and garrisons there, and the Colony that is forming there and the Friars and Seminary abovesaid, all which things are maintained and do 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 preiudice 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 I'Acadie from the River Saint Lawrens to the Sea, and as far as the said Countris & Caost may be extended to the Virginias, to possess it as well as the lands, gold silver & copper mines and other metals & minerals, and all other things above mentioned himself, his heirs & assigns and make homage of them to us either in person or by an Atorney considering the distance of the places and the dan- ger by reason of his absence ; to cause the said trade of furs to be menaged by Those he will appoint, and give power to do it. We do expresly forbid all merchants masters & Captains of ships and others our 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*"^ 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 mouth 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 criven is from the text of the Massachu- setts Historical Society, which is the best text available. Text. Whereas, the inhabitants of Piscataqua Gorgiana and Wells in the Province of Mayn, have here begun to ppogat and populict these parts of the country did formerly by power derivative from Sir Ferdinando Gorges Knight, exersise — the regulating the afltiirs 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 reo;ulatino; thereof. Now forasmuch as Sir Ferdi- nando Gorges is dead, the country by their generall letter sent to his heirs in June 1647 and 48. But by the sad distractions in England noe returne is yet come to hand. And command from the 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 Majistrates as by most voysses they shall think meet. Dated in Gorgiana alias Accoms. the day of Julie 1649. The priviledge of Accoms. Charter excepted, (copied literatim) TERRITORIAL HISTORY OF MAINE. 267 LVIII. PETITION TO PARLIAMENT, BY THE GENERAL COURT OF THE PROVINCE OF MAINE. December 5/15, 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 beg-inning of the active struo-ale 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, b}^ 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'' 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. FeBBUARY 25 i/?c-| /o March 7' J^oOi/Z. Sowces. The letters patent to Sir Charles La Tour, by Louis XIV. of France, St'rchT^^ 1651/2, confirmed to him the govern- ment of Acadia. They are simihir in tenor to those issued to D'Auhiey in 1647/8, after the banishment of La Tour. The death of D^Auhiey 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^ & dtabli par le feu Roi de tres-heureuse memoire, notre tres-honore Seigneur & pere (que Dieu absolve), Gouverneur & notre Lieutenant general au pays & cote de I'Acadie en la Nouvelle France, & lequel, depuis 270 DOCUMENTS RELATING TO THE quarante-deux ans en 9a a apporte & utilement employ^ tous ses soins, tant a la conversion des Sauvages dudit pays a la foi & religion chretienne, qu'a I'etablissement de notre autorite en toute I'etendue dudit pays ; ayant construit deux forts, & contribue de son possible pour I'instruction des enfans desdits Sauvages, &, par son courage & valeur, chasse les 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 davantage, il est besoin d' etablir audit pays des colonies Frangoises, pour defricher & cultiver les terres, & pour la defense & conservation dudit pays, munir & garnir les forts de nonibre suffisant de gens de guerre, & autres choses 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, conime 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 confirrae & confirmons de nouveau, en taut que besoin est ou seroit, ordonne, & etabli, ordonnons & etablissons par cespr^sentes,signees de notre main, Gouverneur & Lieuten- ant general, representant notre personne en tous les pays, territoires, c8tes & confins de I'Acadie, suivant & confonne- ment aux patentes qui, si durement lui en ont ete expediees, pour y etablir & faire reconnoitre, notre nom, puissance & autorite, y assujetir, soumettre & faire obeir les peuples qui y habitent, & les faire instruire en la connoissance du vrai TERRITORIAL HISTORY OF MAINE. 271 Dieu & a lu lumiere de la foi & relis^ion chretienne, & y commander, tant par mer que par terre, ordonner & faire executer tout ce qu' il connoitre se devoir & pouvoir faire, pour raaintenir & couserver lesdits lieux sous notre autorite & puissance, avec pouvoir de commettre & ^tablir, & insti- tuer tous oflSciers, 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 necessaires ; & selon les occurences des affaires, avec I'avis & conseil des plus prudens & capables, foire & ^tablir loix, statuts & ordonnances, le plus qu' il se pourra, conformes aux notres ; traiter & contracter paix, alliance & confederation avec lesdits peuples, ou autres ayant pouvoir ou comraandement sur eux ; leur faire guerre ouverte, pour ^tablir & conserver notre autorite, & la liberty du trafic & negoce entre nos sujets & eux, & autre cas qu' il jugera a propos ; jouir & octroyer a nos sujets qui habiteront ou u^gocieront auxdits pays & aux originaires 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 concddees, & 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 qualit^s, merite & services des personnes ; de faire soigneusemeut rechercher les mines d'or, argent, cuivre, & autres m^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 d^laissons & affectons ce qui nous pourroit appartenir des autres m^taux & mineraux, pour lui aider a supporter les autres d^penses 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 & faculty de traf- iquer & faire la traitd de pelleteries avec lesdits Sauvages, dans toute I'^tendue dudit pays de terre ferine & c6te de I'Acadie, pour en jouir & de toutes les choses ci-dessus d^clar^es, & par ceux qu'il commettra & a qui il en voudra donner la charge : faisant trds-expresses inhibitions & defenses a tous marchands, maitres & capitaines de navires et autres nos sujets originaires dudit pays, de quelque ^tat, qualite & condition qu' ils soient, de faire trafic et la traite desdites pelleteries avec lesdits Sauvages, audit pays & c8t^ de I'Acadie, sans son expres cong^ & permission, a peine de d^sob^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 voles, & d' arreter les contrevenans a nosdites defenses, leurs navires, armes & victuailles, pour les remettre es mains de la justice, & etre proced^ contre les personnes & biens desdits d^sob^issans, ainsi qu' il appartiendra. Et a ce que cette notre intention & volont^ soit notoire, & qu' aucuns n'en pretendent cause d' ignorance, mandons & ordonnons a tous nos ofiiciers & justiciers qu' il appartien- dra, qu'a la requete dudit de Saint-Etienne ils ayent a faire lire, publier, registrer ces pr^sentes, & le contenu en icelles faire garder & observer ponctuellement, faisant mettre & afficher es ports, havres & autres lieux de notre royaume, pays & terres de notre ob^issance que besoin sera, un extrait sommaire du contenu en icelles : Voulant qu'aux copies, qui en seront duement coUationnees par 1 'un de nos amds & feaux Conseillers & Secretaires ou Notaire royal sur ce requis, foi soit ajout^e comme au present original : Car tel est notre plaisir ; en t^moin de quoi nous avons fait mettre notre seel a ces pr^sentes. Donn^ a Paris, le vingt-cin- quieme jour de f^vrier I'an de grace mil six cens cinquante-un, TERRITORIAL HISTORY OF MAINE. 273 & de notre regne le huitieme. Sign^ Louis ; & sur le repli est ^crit, Par le Roi & la Reine Regente sa Mere pr6- sente, le Tellier, avec visa, & scell^ de cire verte en lacs de 8oie. 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." f^^^^l, 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," I., folios 26, 27 ; Ebenezer Hazard, " Historical Collections," etc. (Philadelphia, 1792), I., 573, 574; James Sullivan, "History of the District of Maine" (Boston, 1795), 335- 337 ; and James Phinney Baxter, editor, " Baxter Manu- scripts," Maine Historical Society, "Documentary Series," IV., 25-28. The "Massachusetts Records" contain the earliest authentic copy, which is the text adopted. Text. The graunt to Kittery, 20'" Nouember, 1652. Whereas the toune of Kittery hath acknowledged them- selves subject to the gouernment of the Massachusetts Bay in New England, as by the subscription vnder theire hands, bearing date the 16"' of this instant, it doth appeare, wee, the coinissioners of the Gennerall Court of the Massachusetts for the setlins; of oouernment amono;st them and the rest w^'^in the bounds of theire charter northerly to the full and just extent of theire lyne, haue thought meete and actually doe graunt as followeth : — 1*'. That the whole tract of land beyond the Riuer of Piscataq, northerly, together with the Isle of Shoales, w'"in our sajd bounds, is and shallbe henceforth a count}'', or shire, called by the name of Yorkshire. 2. That the people inhabiting there shall enjoy protec- con aequall acts of favor, & justice w"' the rest of the people inhabitting on the south side of the Riuer Piscataqe, w"'in the Ijmitts of our whole jurisdiccon. 3. That Kittery shallbe and remajne a touneship, & haue and enjoy the priviledges of a toune, as others of the jurisdiccon haue and doe enjoy. 4. That they shall enjoy the same bounds that are cleere betweene toune and toune, as hath binn formerly graunted 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 the}^ doe possesse, whither by graunt of the toune, or of the Indeans, or of the former Gennerall Courts. 6. That the town of Kittery, by theire freeman, shall send one deputy yearely to the Court of Election, and that it shallbe in theire libertje to send to each Court two depu- tjes, if they thinke good. 7. That all the present inhabitants of Kittery shall be fi'eemen of the countrje, and, having taken the oath of freemen, shall have libertje to give theire votes for the election of the Gouerno'", Assistants, and other gennerall officers of the countrje. 8. That this county of Yorke shall haue County Courts w*''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 coiiiissioner resideth. 10. That the shire shall or may haue three associates to asist such coiSissioners as the present coiiiissioners or authoritje of the Massachusetts shall send, and such magis- trates as shall voluntarilly come vnto them from tjme to tjme. 11. That the inhabitants of the county of Yorkshire shall not be draune to any ordjnary gennerall traynings out of theire oune county w^^out theire consent. 12. That the inhabitants of Kittery shall also haue & enjoy the same priviledges that Doner hath, vppon theire coming vnder this gouernment. 276 DOCUMENTS RELATING TO THE 13. That all such as haue or shall subscribe voluntarily, as the rest haue donne, before the ending this Courte, shall haue the priviledge of indempnitje for all acts of power excercised by the former genl vntill the protest, and for and in respect of such criminall matters as are breaches of pcenall lawes w*^in the whole gouernment ; provided, that Abraham Cunly hath libertje to appeale in respect of his case wherein he was fined tenn pounds, ann° 51. 14. Provided alwajes, that nothing in this our graunt shall extend to determine the infringing of any persons right to any land or inhaeritaunce, 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 la we. 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'^Mn one yeere now ensuing. And whereas there are certajne debts and imposts due to the inhabitants of Kitterje and Accomenticus, and some debts which are owing from them to pticular persons for publicke occasions, itt is therefore ordered and agreed, that M'' Niccolas Shapleigh shall haue power forthwith to collect such soine 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"'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. Sou7'ces. 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, Relatino; to the Early History of the State o^f Maine " (New York,l858). The text adopted is that of the abstracts from the public records, by W. Noel Saiusbury, 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 o^ranted, with a saving in the grant of the rights of any of 278 DOCUMENTS RELATING TO THE the people of the Commonwealth, the grant to pass under the Great Seal, if Parliament think fit. . . . May^^g- 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 " M^moires des Commissaires du Roi et de ceux de sa Majesty Britannique, TERRITORIAL HISTORY OF MAINE. 279 sur les Possessions & les Droits respectifs des deux Cou- ronnes en Am^rique " (Paris, II., 1755), 10-31. An English translation is in Charles Jenkinson, "A Collection of All the Treaties of Peace, Alliance, and Commerce, between Great-Britain and Other Powers," from 1648 to 1783 (Lon- don, 1785), I., 81-85. It is also entire (in English) in "A General Collection of Treatys of Peace and Commerce, Renunciations, Manifestos, and Other Publick Papers, from the Year 1642, to the 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 KELATING 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. jSources. 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 b}' 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 D^p8t de la Marine in Paris, from which source it was printed in Ebenezer Hazard, *' Historical Collections," etc. (Philadelphia, 1792), I., 616-619, and in " M^moires des Commissaires du Roi et de ceux de sa Majeste Brittanique, sur les Possessions & les Droits respectifs des deux Couronnes en Am^rique " (Paris, 1755), 11., 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." Texl. 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 KELATING 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 ot Nova Scotia until the Restoration. The commission was entered at Boston, July 6/16, 1657, from the original document, in order that an English regis- try might give stronger validity to the title. It is in " Suffolk Deeds," III., 22-26, which is the only text noted. Text. Oliuer P. Oliuer Lord Protecto' of the Commonwealth of England Scotland and Ireland and the Dominions thereto belon ging TERRITORIAL HISTORY OF MAINE. 283 To all to whom these. p'"esen''. shall Come. Greeting Know, yee. that wee reposing especiall. trust and. Confidence in the wisedome prudence loyalty and abillity of ou"" trusty and welbeloued Colonell Thomas Temple, of ou"" especiall Grace certajne knowledge and meere. mocon. Haue by and w**' the Advice and Consent of ou"" Councell Graunted and Coniitted And by these p''esents. Doe for vs. and ou"" suc- cessor Graunt and Comitt vnto him the sajd Thomas Temple the Care charge Custody and Gouernmen* of all and singu- lar the Countrjes Lands Islands fibrts. and territoryes in America, heerin after menconed bounded and Lymitted that is to say the Countries 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® meray & from thence following the Coast and Island to the Cloven Cape and thence to the Cape and Riuer of Ingogen following the Coast to Port Royall and thence following the Coas* to the bottome of the bay. and thence along the baye* to S* Johns 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 ly mitts and bounds aforesajd one hundred leagues and thirty leagues into the Sea all along the Coasts, afores'^ And of all and singular the Territoryes. Lands. Islands. Seas Riuers. Lakes fibrts and ffortresses. whatsoeuer. w^^in the Boundaryes and Lymitts Aforesajd And the Jurisdiccon of ou'' Admiralltje and all other Jurisdiccons Rights, ffran- chises. and libertjes whatsoeuer w^'^in the bounds, and Ijmitts afforesajd And to the end he the sajd Thomas Temple may be the better Incouraged Awthorized and enabled to vnder- take and mannage the Trust heere by in him reposed in 284 DOCUMENTS RELATING TO THE such manner tha' the Gospell and true Religion of christ maybe propagated amongt the heathen and Savage people there, the honor of vs and good of this Comonwealth Advanced, Trade promoted, and the natjves. and Inhab- itants in those parts reduced and brought vuder*" ou"" Gouerment and protection and kept, in theire due obedjence to vs and this Comonwealth Wee haue made ordajned con- stituted Assigned and Appointed And by theise presents Do make Ordeyne Constitute Assigne and Appoint him the sajd Thomas Temple to be ou'' Leiftennant of and in the Aforesajd Countrjes Lands Islands fforts Territo'jes and limitts aforesajd, And Doe Giue and Graunt vnto him full, powe"" and Authoritje in our name and as ou"" Leftennan* to Rule Gouerne and orde"" all and singular the Inhabitant* there as well the naturall borne people of this Comon Wealth as the natives and Savages and all othe""^ that shall happen to be or abide there according to the lawes of England, and such other good wholesome and Reasonable orde""^ Articles and Ordinances as shall be most requisite and needefull : And all such as shall be found Disobedient in the p'"misses. to chastise correct and punish according to theire faults and demeritts and the lawes. Orde""* Articles, and ordinances aforesajd And also w*"^ force and strong hand to fight with kill, slay, suppresse. Subdue, and Annoy all such as in hostile manner shall Attempt or goe abou* to encounter the sajd Thomas Temple ; or his Company or our forces there, or to possesse and Invade the Countrje forts Territoryes and Seas Aforesajd or any of them, or in any wise to Impeach ou"" possession thereof; or ou'' Right and Title thereto, or to hurt or Annoy, him the sajd Thomas Temple or his Company ; or an}^ the people there, being ; or tha* heere after shall be setled or placed in the sajd forts Country^ and Territory\ or any othe""^ that shall Goe or transport themselves thither or, any part thereof vude"" ou"" protection ; streightly charging and Commanding all manner TERRITORIAL HISTORY OF MAINE. 285 of persons, w'^^ now are ; or heereafter shall be Abiding in the sajd Countrjes Islands or Territorjes, or any of them; that they be obedient Ayding and Asisting, to the sajd Thomas Temple in all things as to ou"" Leittennan' And /far- ther Wee Doe by theise p''sen** Give and Graun* vnto him the sajd Thomas Temple full powe"" and Authoritje all persons as Doe or shall Inhabit there, or shall be Implojed vnde"^ him to trayne trade and exercise in Armes according to the discipljne of warre from time [to ?] tjme and at all tjmes when and as often as neede shall requjre or by him shall be thought ffitt. for the p'^ese'^vacon of the publicque peace there and Safeguard of the Countrjes forts Territoryes and Seas aforesajd And also to make constitute and Appointe vnde'' him fitt and Convenian^ office'"* and ministers of Jus- tice as well millitary as Civill ; for the peace Safety and Good GoQment of ou"^ sajd Countrjes Territo'jes and people there And for the better execution, of ou"" Se'^vice, and Comand in the p'"misses ; and securing ou"" Interest in the sajd Countrjes Islands fforts Seas and Territorjes Wee doe by theise presents Give and Graunt. further Powe"" and Authoritje vnto him the sajd Thomas Temple to Errect build rajse and make such Cittyes. Townes Villages Castles Ci?dells. 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''s and vnde"" millitary discipline : according to the law martiall and not being Souldjers nor vude"" millitary discipline according to the lavves of this Comon wealth And moreouer Wee doe by theise p'"sen** streightly forbid all and euery person, and persons of what degree, estate or quallitje Soeuer That they nor any of them Doe in any wise p^'sume to trade or Intermedle w"^ y*^ natives or Savages 286 DOCUMENTS RELATING TO THE w'^'in the Countrjes hinds Islands. Territory^ seas, and p'^e- eincts aforesajd by way of trade or Comerce in merchan- dize or otherwise w^'out the special! license and Consent of the sajd Thomas Temple first had and obteined ; And wee ffurther will and Doe by theise p''sen^* expresly forbid the sajd Thomas Temple that he Doe no' in any wise give license to any Person or Persons so to trade as aforesajd who are no' or shall no' be in Amity w"' vs and this Comon Wealth And moreouer If any person or persons, shall trade or goe abou' to trade w"'in any the bayes Riuers Lakes Seas or Coasts of the sajd Countrjes or Territorjes w'^'out the Ijcense and Consen? of the sajd Thomas Temple as aforesajd Then wee doe heereby. Give full powe'' and Authoritje vnto him the sajd Thomas Temple, and any the ofl5ce'"s and Souldjers as he shall Imploy vnde' him the Shipp^ Barcques. boates and other Vessel Is goods and merchandizes of any pe''son or persons, there being and so trading or going about to trade w"' the Natives and Savages, aforesajd or any of them contrary to this ou"" Comand the sajd persons having first Due notice of the same our Comand to seize and take as forfeite and Confiscate and the same to deteyne and keepe and Conve''t to the bennefitt of the for'^ ff'ortiflficacons souldiery and other publicque vses there w"^out any Accomp* to be Rendered to vs. or ou"" Successo''^ and w'^'ou? any trouble or question for the same by way of Accon or other- wise in New England or elswhere And fiurthe'" wee will and by theise p'"sen''* Graunt for vs and ou'' successo" that in case of any opposicon or Resistance in the p''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 oflGice''' and Souldje'^s marriners and seamen as shall be Imployed. vnde'^ him to fight w'^ kill and slay, the persons so opposing or resisting and to seize, take sincke or burne theire shipps. Barcqes boates or Vessells so tradeing or Goino- about to Trade w"* TERRITORIAL HISTORY OF MAINE. 287 the natives and Savages aforesajd w*^in the Countrjes Seas and Territories atoresajd or any of them w*''out such licence and Consent as aforesajd And wee doe by theise p''esen*^ for vs and ou'' Successo" give and Graun* vnto the sajd Thomas Temple ffull powe"^ 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 seale any fitt and discreete person his Deputy Leftennant or Gouerno' vnder him And wee heereby also Authorize and Impowe"" the sajd Thomas Temple to doe and execute all and euery such further Lawfull Act and Ac*' thing and things as shall or may tend or conduce to the setling and establishing of ou'' Gouernmen* in those parts and the Inhabitan'^ and peo- ple thereof in peace and 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'' people Given vnde"^ ou"" Signett at ou'' Palace of Westminster the seven- teen"' day of Septembe"" In the yeare of ou"" Lord one thousand Sixe hundred fifty Sixe And Sealed w"" His High- ness Signett. Was Endorsed This Copie Conteyning one hundred twenty and one lynes. written on three sheetes of paper each, sheete being written but on one side and Anexed together at the Top w**" a seale Doth Verbatim Agree w"' y® originall Comission w'^'' I Doe testify Johannes Emans No* Pub'="^ 1657 6 July 1657. Entred & Recorded in the book of Records for y® County of Suffolke in New England at the request of Capt Thomas Breedon & Agreeth Ve'^batim w*"" the originall Copie aboue Attested as Attests Edward Rawson Recorde'' DOCUMENTS RELATING TO THE LXV. JURISDICTION OF MASSACHUSETTS EXTENDED OVER LYGONIA, BY THE GENERAL COURT OF MASSACHUSETTS. October 19/29, 1658. Sources. The year following the submission of Kittery to the authority of Massachusetts, Mr. Jonas Clarke and Mr. Samuel Andrews, "both well skild in the mathematticks, having had the comand of shipps vppon seuerall vojages," were appointed to take observations in order to determine the northerly bounds of the patent at the sea coast. Octo- ber 13/23, 1653, they found the required latitude, 43°, 43', 12", to cross " a greyish rocke at a high water marke, cleft in the midle . . . the Ijne doth runne ouer the northermost pointe of an iland . . . called the Vpper Clapboard Hand, about a quarter of a mile from the majne in Casco Bay, about fower or five miles to the northward of M'' Macworth's house." The inhabitants of the settlements within the extended lines resisted for some time the efforts of Massachusetts to bring them under authority, but ultimately Black Point, Blue Point, Spurwink and Casco Bay (afterwards Fal- mouth), within the precincts of Lygonia, yielded submission. October 19/29, 1658, the General Court published an order which enlarged the privileges of the county of Yorkshire by providing for a county court at either Saco or Scarborough as well as at York. The jurisdiction which Massachusetts thus assumed over the ancient Province of Maine was con- tinued, except for the short time when the royal commissions established provincial government in 1665, until the final separation in 1820. The order of the General Court is in " Massachusetts Records," IV., part i., 360-362 ; "York Deeds," I., folios 78, 79; and Maine Historical Society, " Collections," I., 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 coiTionwealth 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 folio weth : — 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, Esc(j, M"" Robert Jordan, M-^ George Cleaue, M"" Henry Watts, & M"* Frauncis Neale coinissioners for the yeare ensuing, invested w**^ full power, or any three of them, for the trjall of all cawses (w*''out a jury) w'^^in the libertjes of Scarborough & Falmouth not exceeding the value of tiifty 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 coinissioners may graunt warrants, soiiions, & executions, if neede require, & haue power to examine oflendors, & cornitt to prison, except bayle be tendered, according to lawe ; also, any three of the sajd coinissioners 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 coinissioners haue power to minister oathes, according to lawe, and if they judge Vol. I. 20 290 DOCUMENTS RELATING TO THE needefuU, to binde offendors to the peace & good behaviour, or to solemnize maniaofe, according to hiwe. Any three of the coinissioners haue also power to receive in all such per- sons living w^'^in our Ijne as betweene this present tjnie & the last of September shall come in by theire voluntary sub- scriptions : our meaning is, that they should not be barred from having the priviledges that theire neighbors enjoy by occasion of theire necessary absenc at y" Court. 2. That when County Courts are called, &, through Providence hindering, that there is none of the Asistants present at Yorke or elsewhere, that the sajd county shall still proceed, & the acts thereof shall be valid not\v"'stand- ins:, the associats of the county, or any three of them at least, being then present. 3. Wee doe order, that the associats chosen for this county, or any three of them, shall haue full power (w"'out a jury) to try any such civill actions as shall not exceed the value of sixty pounds. 4. Itt is hereby ordered for the easing of charges & trouble in this count}^ beins; 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 coinissioners of Scar- borough & Falmouth, M"" Henry Jocelyn or M"" Robert Jordan are to be one of the three ; for Saco & Cape Porpus, Cap! Nicholas Shapleigh to be one ; for Wells, M"" Abraham Preble to be one. Wee doe likewise graunt the toune com- issioners of Yorke and Kittery to haue the same power therein ; and those particcular gen'", M' Henry Joselyn, M' Robert Jordan, Cap! Nicholas Shapleigh, M^ Edward Rush- worth, or iVP 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 ordinarys for selling of wine & strong water, & for keeping of houses entertajnment, according to lawe. 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 coiuission- ers appointed to setle y® gouernment in y® eastern parts, doe approove thereof, & thankefuUy accept theu-e pajnes & endeavors therein, & order it shall be recorded, & the bill of charges, w*^'' 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. /Sour'ces. 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 w^ere 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 hrst 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°'' these kingdomes have been famous in all ages ; Wee have taken into our princely con- siderac6n the present state of affayres in relacQn 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 bountiful I 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 royal 1 person, wee havinge had many extraordinary opertunities to informe ourselfe in matters of this nature, but shall very effectually recomend 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 difficulty e 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 quallified 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 Conncellor Edward Lord Hide Lord Chancellor of England, our right trustie and right welbeloved Cousin and Couucellor Thomas Earle of Southampton Lord Treasurer of England [and others] ... to bee a standing Councell of Trade, to take into their consideracon the Trade & NavigacQn of this kingdoms, and what manner and by what ways and meanes the same may be encouraged regulated & improved, and they are hereby authorized to receave and prosecute all such propo- sitions and overture for the regulacOn and benefitt of Trade and Navigacon as shalbe 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 Comission. And wee hereby require all officers and ministers whatsoever or any other of our lovinge subjectes who shalbee desired or shall receave any order or other summons from the said Councell of Trade, soe constituted by us, to advise or otherwise informe or assist the sayd Councell for the better under- standinge and discovery of the matters cOmitted to their care, enquirie, and prudence, that every such person or persons doe yield a ready conformitie thereunto as they tender our displeasure for their disobedience unto us and the authoritie derived from us. And when the said Coun- cell shall have drawne their consultacons and debates into any resolution or proposition w*"" they shall judge to bee for the resulacon and advancement of trade manufactures navi- gac6n or any other publique good relateing thereunto, they may and are hereby directed and required to p'^sent and certifie the same their opinion and advice to us for our TERRITORIAL HISTORY OF MAINE. 295 fu [r]ther consideracSn and determinacSn. And because soe good and laudable service may the more effectually be carried on, Wee doe hereby authorize our said Coram" to nominate and appoint such a Secretary, Clarks, Messengers or other useful! 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 relateing to the sayd Councell or the service thereof, shall not in the whole exceed the summe of one thousand pounds yearely. And wee doe hereby further require the sayd C6missioners 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 coraission and the instruc- c6ns therein conteyned, or w°'' are annexed thereunto, or any further mstrucc6ns w*^*^ 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.] F^ 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 ^(\(^■\ November 6' ^ooi. Sources. The original indenture made between the " General Court for the Jurisdiction of Plymouth " and Antipas Boyes and others, Novembe.^' 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 elune 15/25, 1665, and was not recorded at Yorli until %':!:lZ,J'l 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'^ Twenty Seventh day of Octob*" Anno Domini One thousand Six hundred Sixty & One made be- tween y'' General Court for y** Jurisdiction of Plymouth in NewEngland in America in the behalfe of y*" s** CoUony on y^ One p* And Antipas Boys Edw** Tynge Thomas Brattle And John Winslow of y" Town of Boston in the County of Suffolk in y^ Jurisdiction of y® Massachusets in New TERRITORIAL HISTORY OF MAINE. 297 England Afores'* Merch** on y^ Other part Witnesseth that Whereas our Late Soveraign Lord King James for y® Advancem' of A CoUony & plantation in this Country Called or known by y^ Name of New England in America by his highness letters Pattents under y** Great Seal of England bareing date At Westminster y'' third day of Novemb'' in y'' Eighteenth year of his highness reign of England &c did give grant & Confirm unto y*' R' Hon"'^ Lodowick L" Duke of Lenox George Late L*^ Marquess of Buckingham James Marquess Hambleton Thomas Earle of Arundel Robert Earle of Warrwick S*' fferdinando Gorges Knight And divers others whose Names Are Expressed in y^ s** Letters Pattents & their Successo"" that they should be One body polotick & Corporate perpetually Consisting of forty psons - i .June 0' ^^"^^ Sources. The suneiuioi- of Aoadia in lliTO, by Colonel Temple, in aooordanoe with the treaty of Breda, gave the French claims to the country westward to the Kennebec. ISIassachusetts immediately caused a new survey of the northern line of the charter, an adroit measnre by which Pemaquid was included within the limits ami jurisdiction of Massachusetts. In pursuance of an order of the General Court, ]\^^J'l, 1(574, 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 Kennel ec. while under the authority of ]NIassachu- setts, was called the " County of Devon." Extracts relating to the court at Pemaquid are here re- printed from the *' Massachusetts Kecords," V., 17. Tea-/. Att a Court held at Pemaquid, '22'^' July, 1674, by Majo-" Thomas Clarke, Humphry Davy, Kichard Collecot, Thoiuas Gardiner, according to commission and order of the Gener- all Court of the Massachusetts colony, dated in Boston in New England, 27'" day of May, 1(574. Boston, in New England. Att a General 1 Court, held at Boston, 27^'' day of May, 1674. In pursuance of an order at the Generall Court in Oc- tober, 167o, it is ordered, that Majo"^ Leueret. Thomas Clarke, M' Humphry Davy, M^ Richard Collecot, and Leiff Thomas Gardiner, or any three TERRITORIAL HISTORY OB' MAINE. 323 of them, whereof Majo"" Thoiii:is Clarke to be one, are fully hereby impowred to repajre to Pemaqiiid, 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 impow^er meet persons, inhabitants there, to such offices & places as farr as they be w^'^in the Ijne of our patent, according to God and the wholesome lawes of this jurisdiction, that so the way of godly nes may be encouradged & vice corrected. And it is herebv further declared, that the gentlemen aboue men- tioned shall be and hereby are impowred to appoint Comis- sion''s Courts for the ending of smale causes, which comis- sioners shall haue magistratticall power in marrying such as are duel}'^ and legally published according to law, as also to punish criminall offences ; and the County Court is hereby impowred to setle the militia in those places, and in all places where there are not freemen, they may make vse of any fitt men, prouided they haue taken the oath of fidel- ity, any thing in the law to the contrary notw"'standing. By the Court. EDWARD RAWSON, Secre*^ LXXVI. EXTRACTS FROM THE GRANT OF PEMAQUID, RE- NEWED TO JAMES DUKE OF YORK, BY CHARLES n., OF ENGLAND. June 29 -, /.y i July O'^O''*- Sowces. The grant of lands, including Pemaquid, renewed to James, Duke of York, jlfy^l, 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 coutirmed to his royal hii^hness by these further letters patent. Subsequently a government was established at Pemaquid under the name of the "County of Cornwall," with the privilege of having one representative to the General Assembly of New York. In " York Deeds " IX., folio 241, there is a conveyance of land " within y^ bounds of New Town in or Near Sagadehoc in y® County of Cornwall in y® Collony of New York in America." On the accession of James II., the unusual privileges of the grant were merged in the crown. The deed of renewal is in the office of the secretary of state, 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., 103-106. 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 co)\v 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'■^sents, for us, our Heirs and Successo""* Do give and graunt unto our Dearest Brother, James Duke of Yorke, his Heires and Assignes, all that part of the Maine Land TERRITORIAL HISTORY OF MAINE. 325 of New England, begining at a certaine place called or knowne by the name of S' 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, commonl}^ 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 laud from the west side of Conecticutt River, to the East side of Delaware Bay ; And also all those severall Islands, called or known by the names of Martin-Vineyards and Nantukes, otherwise Nan- tuckett ; Together with all the Lands, Islands, Soiles, Rivers, Harbo'"% Mines, Mineralls, Quarryes, woods. Marshes, waters. Lakes, ffishings, Hawking, Hunting & ffowling; And all other Royalties, proffits. Commodities and Hereditam^% to the said severall Islands, Lands and premisses, belonging and appertaining, w*'" 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''*'misses, or any part or parcell thereof; And the Revercon and Revercons, remainder & remaind""', together with the yearly and other Rents, Rev- enues and Proffitts of the p''^misses, and of every part and Parcell thereof; To have and to hold . . . In witnesse whereof wee have caused these our L'res to bee made patents, witnesse our selfe at westm. the 29"' day of June, in the 26"' yeare of our Reigne. PIGOTT. 326 DOCUMENTS RELATING TO THE Lxxvir. COMMISSION TO MAJOR ANDROS AS GOVERNOR OF NEW YORK, BY JAMES, DUKE OF YORK. July 1/11, 1674. Sources. The coinniissioii 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 ;;;;r; 29. The original commission is in the " New York Book ot Patents," I., 171. From that source it was printed in a " Statement on the Part of the United States, of the Case Referred, in Pursuance of the Convention of 1827 ..." (printed but not published, Washington, 1829), Appendix XII., 106, 107; also in Edmund Bailey O'Calhighan, edi- tor, " Documents Relative to the Colonial Historv 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, &f^ Whereas it hath pleased y^ King's most Excellent Ma'^' my Soveraigne Lord and brother by his Letf'* Pattents to give and grant unto Mee and my he3'res and assignes all that part of y" Maine Land of New England begining at a cer- taine place called or known by y*" name of S* Croix next adjoyneing to New Scotland in America and from thence extending along y" sea Coast unto a certaine place called Pemaquin or Pemaquid and soe up the River thereof to y* furthest head of the same, as it tendeth Northwards and extending from thence to the River Kinebequi and soe up- wards by y** shortest course to y^ River Canada northwards. And also all that Island or Islands comonly called or TERRITORIAL HISTORY OF MAINE. 327 known by y*^ severall names of Matowacks or Long Island scituate lying and being towards y® West of" Cape Codd and y*^ Narrow Higansetts abutting upon y® maine land be- tweene y^ two rivers there called or knowne by y^ severall names of Conecticut and Hudsons River together also w"' y* said river called Hudsons River and all y*" land from y® West side of Conecticut river to y" East side of Delaware Bay, and also all those severall Islands called or knowne by y^ name of Martine Vjmyards 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'' said severall islands lands and premisses, belonging and apper- teyneing with their and every of their appurtenancies : To hold y® same to my owne proper use and behoofe vv*'' power to correct punish pardon govern and rule y® inhabitants thereof by my selfe or such deputyes comiss" or officers as I shall think fitt to appoint, as by his Ma"''' said Letters Pattents may more fully appeare. And whereas I have conceived a good opinion of the integrity prudence ability and fittnesse of Major Edmund Andros to be employed as my Lieutenant there, I have therefore thought fitt to con- stitute and appoint him y** said Major Edmund Andros to bee my Lieut^ and Governour within y'^ lands islands and places aforesaid to performe and execute all and every y^ powers w*^'' are by y*" said letters Patents graunted unto Mee to be executed by Me my Deputy Agent or Assignes To have and to hold y^ said place of Lieutenant and Governour unto him y** said Edmund Andros Esq'' but dureing my will and pleasure only, Hereby willing and requireing all and every y® inhabitants of y® said lands islands and places to give obedience unto him y'' said Edmund Andros Esq'" in all things according to y^ tenure of His Ma'* Letters Patents. 328 DOCUMENTS RELATING TO THE And y*^ said Edmund Andros Escf to observe follow and execute such orders and directions as he shall from time to time receive from myselfe. Given under my hand and seale at Windsor this first of July 1674. James. By command of His Roy" Highness Jo : Werden. LXXVIII. COMMISSION TO JOHN EHOADES 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 XHL, 376, 377. For further knowledge of John Rhoades and his connec- tion with New England history, the " State Papers " in the Public Record Office, London, and "Massachusetts Rec- ords," v., will turnish 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 suhdued 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 -|p7p November 7' ^"'"• /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^oV^emto-"?. 1*^76, gave him jurisdiction over '• the coasts and countries of Nova Scotia and Acadie, including the subordinate countries and islands, so far as their limits are extended, to the east and north from the River Pountegouycet [Penobscot]." A letter of instruction which accompanied the commission to Steenwyck cautioned him against any measures that would prejudice the previous commission to John Rhoades. According to Brodhead, Steenwyck was a burgomaster of New Netherlands who held various positions under Dutch governors. His connection with Maine history was so brief that little or no mention has 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 STEENWrCK, 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 dr}^ 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 he is a free-born subject 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 ot 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 CoUey Gray, librarian of the Boston Athenseum, 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 hist 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 ot Original Papers." Mr. Gray printed the manuscripts in 1843, in the Massa- chusetts Historical Society, " Collections," 3d Series, VHI., 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*^ 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 l)y 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. 337 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 lengfth 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 rivers go, but where the known boundary of breadth determines, it must be carried on by imaginary lines to the South sea. And if the Province of Maine lies more northerly than three English miles from the river Merrimack the patent of 4th Charles 1st gives no right to govern there, and thereupon the 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 accordino- 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), I., 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 oblieation of assistins^ and defending one anothers extends to the niaintainance of all their rights, &c. both by sea and land. V. The party not attacked shall break with the aggressor within two months after the rupture, using all means to bring things to an accommodation. 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 fiivor of Ferdinaudo 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 Monmouth ; for that reason the agents hastened to conclude the transaction with Usher for £1,250. The original receipt of purchase money, with Gorges's seal in red wax, is in "Massachusetts Archives," III.. 332, and is printed by the Maine Historical Society, "Collections," II., 2(M. 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"" Son and Heir of John Gorges late of the City of West- minster in the County of Middlesex Esq"" Deceased who was Son and Heir of S"" Ferdinando Gorges late of Aston Phil- lips in the County of Somersett Knight of the One part, and John Usher of Boston in New England in America Merchant of the other part. Witnesseth That the said Ferdinando Gorges for and in Consideration of the Sum of One Thousand Two Hundred and Fifty Pounds of lawful English Money to him the said Ferdinando Gorges in hand well and truly paid by the said John Usher at and before the Sealing and Delivery of these Presents, The Receipt whereof the said Ferdinando Gorges doth hereby Acknowl- edge and thereof and of every part thereof doth Absolutely Acquit Discharge and Release the said John Usher his Heirs Executors and Administrators, and every of them by these Presents Hath Granted Bargained and Sold, and by these Presents Doth Grant Bargain and Sell unto the said John Usher and his Heirs All That County Palatine Part Pur- porty or Portion of the Main Land of New England afore- said called or known by the Name of the Province or County of Maine, beginning at the Entrance of Piscat- away Harbour and so to pass up the same into the River of Newichewannock and through the same unto the fur- thest Head thereof, and from thence Northwestward till One Hundred and 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, Amer- ciaments, Wrecks, Treasure, Trove goods and Chattels of Felony and Felons of themselves. Jura Regalia, Powers, Rights, Jurisdictions Ecclesiastical Civil Admiral and Mili- tary 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"" 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 Ro3'alties 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 herebj" granted Bar- gained Sold and Conve^'ed, and every part and parcel thereof, w ith their and ever}' 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 b}' him the said Ferdinando Gorges or the said John Gorges his late Father Deced, or the said S"" Ferdinando Gorges done exe- cuted or suffered to the Contrary) now is and 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"" 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 b}^ the said S"" Ferdinando Gorges in Order to the pUmting of the same Province upon which is reserved respectively some acknowledgment Rent Duty or Service, and also except One Jndenture of Grant and Confirmation made by the said Ferdinando Gorges unto One Nathaniel Phillips of parcel of the Premisses bearing Date the Sixth Day of May in the Two and Twentieth Year of His now Majesty's Reign, and to the Heirs of the said Phillips, and the said Ferdinando Gorges for himself his Heirs Executors and Administrators doth Covenant Promise and Grant to and with the said John Usher his Heirs and Assigns, and all and every other Person and Persons law- fully having Claim of or deriving any manner of Estate Right Title Jnterest Equity Trust or Demand whatsoever of in or to the said County Palatine Lands Tenements Juris- dictions Governments Franchises Hereditaments and Prem- isses hereby conveyed or mentioned or intended to be hereby Conveyed, and every part and parcel thereof, with their and every of their Rights Members and Appurtenances by from or under him the said Ferdmando Gorges or John Gorges Deced, or by from or under the said S"" Ferdinando Gorges either or any of them (except as before excepted) Shall and will from time to time and at ail 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 Goverments Franchises Hereditaments and Premisses with their and every of their Eights Members and Appurtenances unto the Said John Usher his Heirs and Assigns ac^cording 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 ^^1 ^^'^^/^^^.^ Ways or means whatsoever as by the said John Usher his Heii- and Assigns or his and their Council learned m 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 thereot than the place of his or their Habitation. In witness whereot the Parties abovenamed to these Present Jndentures have Jnterchangeably set their Hands and Seals the Day and Year first above written Ferdinando Gorges & A Seal Append* Deed of Maine to John Usher Endorsed „ i -r- <- Sealed -and Delivered with these Words (& also Except One Jndenture of Grant and Confirmation made by the sa,d Ferdinando Gorges nnto One Nathaniel Phillips of parcel of the Premises bearing Date the Sixth Day of May m the Two and Twentieth Year of His now Majestys Eeign and to the Heirs of the said Phillips) interlined between the Ei<.ht and Thirtieth and Nine and Thirtieth lines of th,s Jndenture before the insealing and Delivery thereof m the Presence of us,/ Robert Lee, Richard Penner. John Phdhps Robert Humphreys. William Hawkms 350 DOCUMENTS RELATING TO THE Irrotulatur in Menior and Saci Doni Regis Caroli Sedi apud Westfii (Vizt) inter Con? de Termio Parch'^ anno tricessimo Rothe eg. pte Remendator ejus*^ Dni Regis — Creggins. LXXXIII. DEED OF THE PROVINCE OF MAINE TO THE GOVER- NOR AND COMPANY OF MASSACHUSETTS BAY, BY JOHN USHER. March 15/25, 1677/8. 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* Thirtyeth year of y^ reign of Our Soveraign Lord Charles TERRITORIAL HISTORY OF MAINE. 351 y^ Second by y^ grace of God of England Scotland ifrance & Ireland King Defend"" of y*' faith &c'' Annoq, Domini 1677 Between John Vsher of Boston in New England in America Merch*^ of y*^ One part And y** Governo"' & Company of of Massachusets Bay in New England of y'' Other part Wit- nesseth that y'' s'' John Vsher for & in Consideration of y* Sum of One Thousand Two hundred and fifty pounds of Lawful] English money to him y** s'' John usher in hand well & truely paid by y** s'' Governo'' at & before the Sealing & Delivery of these presents y*^ rec* whereof y® s*^ John Usher doth hereby Acknowledge & thereof & of Every part thereof doth Absolutely Exonerate Acquit & discharge y^ s*^ Governo*' & Company & their Successors by these pres- ents hath granted bargained Sold released & Confirmed & by these presents doth grant bargain Sell release & Confirm unto y^ s" Governo"" & Company their Successors & Assigns forever All that County Pallatine part purtorty or portion of y® Maine land of New England Afores** Called or known by y® Name of y® County or Province of Maine beginning at y* Entrance of Piscattaqua Harbour & So to pass up y^ Same into y® river of Newichewanock & through y® Same unto y^ furthest head thereof & from thence Northwestward till One hundred & Twenty Miles be finished & from Pis- cattaway Harbours Mouth Afores'^ Northeastward Along y'^ Sea Coasts to Sacadehock & up y® river thereof to Kyny- begny river & through the Same unto y'' head thereof & into y^ land northwestward untill One hundred & twenty Miles be Ended being Accompted from y* Mouth of Saga- dahock & from y® Perion of One hundred & Twenty Miles Afores*^ to Cross over land to y'^ One hundred & Twenty Miles End formerly reconed up into y^ land from piscataway harbour through Newichewanock river & Also y® North halfe of y" Isles of Shoals Together with y*' Isles of Capea- wock and Nawtecan Near Cape cod As Also All y® Islands 352 DOCUMENTS RELATING TO THE & Islets being within five Leagues of y^ Maine All Along y® Afores*^ Coasts between y^ Afores*^ rivers of Piscattaway & Sagadabock & All lands grounds places Soyles woods Waters rivers lakes ports Havens Creeks & harbours to y® s'' to y*" s'^ Province Limits & premisses or Any part thereof belonging or in any wise Appurtaining or Accepted or being part parcell Member thereof & Also All & Singular Roy- altys ffishings Royall & other Minerals Mines of Gold & Silver or other Mettal or Mineral whatsoever Waifs Estrayes Pirates o:oods Deodands fines Amerciam*^ wrecks Treasure Trove goods & Chattells of ffellons & flellons of themselves Jura Regaliee powers rights Jurisdictions Ecclesiastical Civill Admiral & Millitary priviledoes prerogatives Governm'* Lib- ertys Imunitys fiVanchises Authoritys profits preheminencies & heriditam*'* whatsoever with their & Every of their rights members & Appurtenances happening growing Ariseing or Accrueing or to be Exercised Extended or Enjoyed with in ye gd Pi-ovince Limits Coasts or other y® premisses or Any part thereof with all other y" Lands Tenem* & heriditam'^ Royaltys & Jurisdictions whatsoever in New England in America or Elsewhere in America Afores*^ of S"" fferdinando Georges Knight dec*^ John Gorges Esq"" dec'' & fferdinando Georges Esq'' or Either of them in As full & Ample manner to all Intents Constructions & purposes As y^ Same were granted & Conveyed unto y^ s'' Jn° Vsher & his heires & y® revercon & revercons remainder & remainders rents Issues Services and profits of All & Singular y^ premisses & Every part & parcell thereof And All y^ Estate Title Interest Equity trust Claime & Demand whatsoever of him y® s** John Vsher of in & to y® premisses & Every part parcell thereof And All y*^ Estate Title Interest Equity trust Claime & Demand whatsoever of him y^ s'' John Vsher of in & to y^ premisses & Every part & parcell thereof. Together with all Letters Pattents deeds Evidencies and writinos Concerning TERRITOKIAL HISTORY OF MAINE. 353 y® premisses only or only Any part thereof To Have & To Hold tiles'* County Pallatlne Lands Tennement Jurisdic- tions Governni'* ffranchises heriditam'^ & 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'^^'' unto y® s^ Governo'' & Company their Successors & Assigns to y^ only use & behoofe of y*" s'* Governo'' & Company their Successors and Assigns forever Together with all Letters Pattents Deeds Evidences & writings Concerning y" prem- isses only or only Any part thereof & y^ s'' John Vsher for himselfe his heirs Ex'* & Adm''* & Every of them doth Cov- enant promiss & grant to & with y'' s** Governo"" & Company their Successors & Assigns by these presents that he y^ s'* John Vsher Notwithstanding Any Act matter or thing by him y*" s** John John Vsher or any Claiming by from or under him done Executed or Suffered to y^ Contrary Now is & Standeth Siezed of An Absolute perfect & Indefeazible Estate of Inheritance in ffee Simple of & in y^ s** County Pallatine Land Tenements Jurisdictions Governm'^ ffran- chises Heriditam'' & premisses hereby granted & Conveyed or Mentioned or Intended to be hereby granted & Con- veyed & Every part & parcell thereof with their & Every of their rights memb""' & Appurtenances without Any Man- ner of Condition restraint Contingency Limitation or power of revocation to Alter Change Clogg Evict or determin y® Same & Also that y^ s** John Vsher for & Notwithstanding Any Act or thing As afores'' Now hath full power True Title real Interest & Absolute Authority to grant & Convey y^ s** County Pallatine lands Tenements Jurisdictions Gov- ernm*' ffranchises Heriditam'^ & premises & Every part & parcell thereof with their & every of their rights Members & Apurten"^ unto y** s** Governo'' & Company their Succes- sors & Assigns As in & by these presents is Mentioned & Vol. I. 24 354 DOCUMENTS RELATING TO THE Expressed And further that y" s^ County Pallatine Lands Tenem*' Jurisdictions Governin'^ ffranchises Heriditam*^^ & premisses hereby Conveyed or Mentioned & Expressed to be hereby Conveyed At y^ time of y^ Sealing & Delivery of these p^sents are & So At any time hereafter Shall remaine Continue & be to y^ s*^ Governo'' & Company their Successors & Assigns free & Clear & freely & Clearly- Acquitted discharged & Indempnified or otherwise Suffi- ciently & Effectually Saved harmless of & from all maner of former & other gifts grants bargains Sales Wills Entails Mortiraoes rent Charo^es Arreara«:es of rent fines Amerciam^* Statutes recognezances Judgm*'* Debts & Accompts to y^ Kings Maj'y Intrusions Seizures Extents & Executions & of & from all &, Singular other Charges Estates titles troubles Incumbrances & demands whatsoever had made Comitted procured Occasioned done or Suffered by y^ s^ John Vsher or by Any other p'son or p'"sons whatsoever Claiming by from or under him or Any of them Excepting One Inden- ture of Lease for y® premisses One Thousand years bareing date the fourteenth day of this Insta' March One thousand Six hundred Seventy Seven & Made or Mentioned to be made between y^ s'' John Vsher of y® first part & tferdinando Gorges of Clewers in y*" County of Berks Esq"" of y*" other part for y^ Consideration therein Mentioned. And y^ s"^ John Vsher for himselfe his heirs Ex^' & Adm""' doth Cov- ena' promiss & Grant to & with y® s^ Governo' & Company their Successors & Assigns by these presents that y* s"" John Vsher his heirs & Assigns & All & Every other p''son & persons Lawfully haveing Claiming or deriving Any Maner of Estate right Title Interest Equity trust or demand what- soever of in or to y^ s'' County Pallatine Lands Tenem** Jurisdictions Governm'^ ffranchises Heriditam'' & 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'' him y*^ s*^ John Vsher or any Chiiming by from or under him Except before Excepted) shall & will from time to time & At all times hereafter dureing y^ Space of Seven years Next Ensueing y*" Date of these presents upon y^ reasonable request & At y*" Cost & Charges in y® Law of y* s'* Governo'' & Company their Successors or Assigns make Suffer perfect and Execute or Cause to be made Suffered perfected & Executed all & Every Such further & other LawfuU & reasonable Act & Acts thing & things device & devices Conveyances & Assureances in y*^ Law whatsoever for y*^ further better more Absolute & Effectual Surety & Sure makeing of y'' s'' County Pallatine Lands Tenem'* Juris- dictions Governments ffranchises heriditam^* & premisses with their & Every of their rights Members & Appurte- nances unto y^ s*^ Governo'' & Company their Successors & Assignes According to y® True Intent & Meaning of these presents be it by fine or fines with Proclamations recovery or recoverys deed or deeds Inrolled y® Inrollm* of these presents release Confirmation or otherwise or by all or As many wayes or Means whatsoever as by y^ s** Governo"" & Company their Successors & Assigns or their or Any of ther Councill Learned in y^ Law shall be reasonably Devised Advised or required So as No further or other Warranty or Covenant be therein Contained or Imployed than Against Such person & persons respectiuely who Shall be So required to make y'^ Same & So As Such person & psons be not Compelled or Compellable to Travail further for y® Doing thereof than y*^ 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 ( seai ) 356 DOCUMENTS RELATING TO THE with these words/, with all other y" Land Tenem*' & heriditani'^ royaltys & Jurisdictions whatsoever in New England or Elsewhere in America Afores'' of S"" fferdinando Georges Kn* dec*' & John Georges Esq"" dec'' & fferdinando Gorges Esq"" or either of them) Interlined between y** Eighteenth & Nineteenth Lines) And these word Together with all Letters patients deeds Evidences & Writings Con- cerning the premisses Only or only Any part thereof Inter- lined Also between y® Twentyeth & One & Twentyeth lines of y** AVithin written Indenture & y^ rasure made in ye Seven & Thirtyeth And Eight & Thirtyeth lines thereof between y^ Words or any of them & Excepting before y® Ensealing & Delivery hereof in presence of us 'William Stoughton Peter Bulkeley < Butler Buggin Robert Hunj[)hreys ^Barth : Burton Recorded in y^ records in y^ Secretarys Office in Boston ye 12"^ day of Dec-- 1718 — p J Willard Secref^ Recorded According to y*^ Original March 10"^ 1718/9 p Jos. Hamoud Reg"" LXXXIV. ORGANIZATION OF GOVERNMENT IN THE PROVINCE OF MAINE, BY THE GENERAL COURT OF MASSACHUSETTS BAY. February 4/14, l()79/80. 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 rio^hts in the purchased possessions. To meet the emergency a provincial assembly was arranged, and Thomas Danforth, deput3'-o()vei"nor 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/U, 1679/80.] This Court, taking into consideration the necessity of a speedy establishing a gove'm* in the Prouince of Majne, & the present season requiring a speedy issue of this sessions of Court, the honoured council of this jurisdiction is requested, and heereby empowred, to take order for selling the sajd goQment, and appointing a praesident, w"' justices of the peace & other officers, as is directed in M'' Gorges patent, & to coinissionate the same accordingly vnder the scale of this colony ; and this to be in force vntil the next Court of Election here, & vntill further order to be taken by this Court therein. . . . [June 4/14, 1680.] To the inhabitants of Casco, w'^'in the Province of Mayne Gent" & loving Friends : — Wee are informed that some disturbance hath been given yow in yo"^ resetling, by the threatnings of some persons whose practises cannot be warranted by his maj"*^' royall charter, granted to S"" Ferdinando Gorges, Kn*, who was the first proprietor of sajd province, and the right whereof is now invested in ourselues. These are to signify vnto you, that as wee haue taken order for the setling of govern- ment according to sajd charter, so our care shalbe for the protection & prouission in all respects, as in duty wee are bound, & for yo"" better incouragement and security, haue 358 DOCUMENTS RELATING TO THE made a grant of a touneship vpon the northern side of your bay, and are consulting the peopling & improovement of the islands adjacent ; and on signification from yourselues of what is necessary by us further to be doune for the security of your peaceable setlement, shall giue the same a due allowance in our consultations, and make such conces- sions as may consist with his maj'J*^* royall grant of sajd charter & your best good. Wee haue no more to add, but commend you to the guidance & proteccon of Him who is God Allmighty, and are Gent", your loving friends, SYMON BRADSTREET, GoGln^ By the order of the Goulno"" & Company of Y^ Massachu- sets Bay. Boston, in New Engld, 4 June, 1680. [June 11] It is ordered, that M'^ Bartholomew Gidney, Esq,, Capl Joshua Scottow, & M"" Silvanus Dauis be a comittee to mannage the affaires of the new plantation granted at Casco Bay, and are heerel)y impowred, for the bennefit of sajd plantation in building a fort, to sell one hundred pounds worth of land w"'in the sajd province. The Court, hauing read the returne of our present hon- no""^ Dep*^ GoGn'', Thomas Danforth, Esq,, 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 maj^ euidence the real- lity of our thankfulnes for their extraordinary pajnes & labour therein, not doubting of his honno''s readynes to be further serviceable in anything wherein wee may haue occa- sion & himself oppertunity so to doe. TERRITORIAL HISTORY OF MAINE. 359 LXXXV. THE WRIT OF QUO WARRANTO, BY KING CHARLES II. OF ENGLAND. June 27 iq^^^ July 7' 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 wairanto which the king issued ']^ly^, 1H83, 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 pul^lished 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' was isued out ag' the Goiilno'' & Conn)any " is in " Massachusetts Archives," CVI., 301, and is also in the printed " Massachu- setts Records," V., 421-422. With the peculiar seven- teenth-century abbreviations it is in the present day a legal ^60 DOCUMENTS RELATING TO THE cuiiosit}^ rather than an intellioible threat. That the con- tinuity of events may be preserved the writ is included in this t^eries of documents. The text is that of the printed " Records." Text. Carohis Se''us, Dej ='■''* Angi, Sco% Franc, & Hibnia, Rex, Fidej Defenso"", sc viiibz London, sal^m p'cipim &, \dh c^ venire fa^ cora nofe a dje in Michis in tres sep?m, vbicunc(j tunc fuim in Angi, Symon Bradstreet, nup de London, Ar, Thoma Danforth, de eadm, Ar Daniel Gookin, de eadm, Ar, Johem Pinchen, de eadm, Af, Willjam Stoughton, de eadm, Af, Petru Bulkley, de eadm, Af, Nathaniel Salten- stall, de eadm, Af, Humfrid Davy, de eadm, Af, AVilli Broune, de eadm, Af, Samuel Nowell, de eadm, Af, Johem Hull, de eadm, Af, Jacobii Russell, de eadm, Af, Petru Tylton, de eadm, Af, Bartholo Gidney, de eadm, Af, Samuel Apleton, de eadm, Af, Roberta Pyke, de eadm, Af Daniel Fisher, de^, yeom, Johem Wajte, de eadm, yeom, Wjllm Johnson, de eadm, 3'eom, Edui Guinsey, de eadm, yeom, Elislia Cooke, de eadm, Geii, Elisha Hutchinson, de eadm, mercatof, Edui Batter, de eadm, yeom, Laurentin Hamond, de eadm, yeom, Josepher Dudley, de eadm, Af, Johem Richards, de eadem, Af, Willia Torrey, de eadm, yeom, Johem Faireweather, de eadm, yeom, Anthony Stod- der, de eadm, yetmi, & Daniel Turell, Sen, de eadm, nigdf fierraf , al respondent ndh quo warranto clamat here, vtj et gaudere dines liberta?, priuileg et franches infra ciui? Lon- don, & libta? ejusdm ac in ouiibz locis extra ciui? London p'^d, infra hoc regii Angl, nee non in qua pluf partibz tfnsmafm, extra hoc regn Angl unde impetit sunt escheat ibi hoc bre. THOMA JONES, mil apud Westm, xxvij die Junij, ann° regni ufi xxxv. ASTRY TERRITORIAL HISTORY OF MAINE. 361 LXXXVI. DEED TO RICHARD AYHARTON OF LANDS ON THE ANDROSCOGGIN 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 phiyed 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 Alerriconeag 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'i'Jusff 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 teruii- 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, Topshatn, and Harps well, 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'"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 Sagauiores & 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*^ 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'"in breadth, about three English Miles more or less ; And w''as wee are well Assured, that Majo'' Nicho' Shapleigh In his life tyme, was both by i)urchase from the Indeans Sagamores, our Ances- tors, & Consent of M'' Gorg=* Comissio"" possessed, & dyed seized of the remajnder of all y^ 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'^as the relicts & hey res of sd Mr Purchase, & Majo"" NichoP Shapleigh haue reserved accomo- dations for thejr seuerall familys, sould all the remainder of the aforesd Land, & Ysland, to Richard Wharton of Boston M'^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'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^'^elues great supplies, & reliefer Therefore & for other good Causes, & considerations, & especially for & In consideration of a ualewable suilie receiued from the sd Wharton In M''chandize, Wee Warumbee Durumkine, 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 'd, & 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 ffalls 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'' the Land will beare it, unto Atkines his Bay In Kenebecke Riuer, & Small poynt Harbo'' In Cascoe Bay, & all Yslands In Kenebecke, & 364 DOCUMENTS RELATING TO THE Pejepscott Kiuers, & merrimeeteing Bay and with in y^ aforesd bounds, espetially the aforesd Necke of Land called Merecaneeg And Ysland called Sebascoa Diggine, togeather, with all Riuers Riueletts, brookes ponds, poules, waters water Courses, all wood trees of Tymber, or other trees, & all mines, iNIinnerails 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 & Coiifirmed, And do by these Presents, giue grant bargan & Sell, alliene, Infeoff & Confirrae to him the sd Richd Warton all the Land lijng fine Miles aboue the vppermost of the sayd Androscoggan ffalls, In breadth & lengh houlden the same breadth from Androscooo-in falls to Kenebecke 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 & Nmibanuett, 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 & conuny the premisses and that wee our heyres & successors shall & will warrant, & Defend the sd Richd Wharton, his heyres & Assigues 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'' Ancetors, or Prede- cessors/ Prouided neuertheless that nothing in this Deede, bee Construed to depriue us the sd Sagamores, successors or people, fi'om Improueing o' Antient planting, grounds, nor from hunting in any of the sayd Land, l)eing not Inclosed, nor from fishing for our own prouission, so long as no damage shall bee to the English fBshery/ prouided alsoe that nothing here in contajned, shall Prejudice any of the Inglish Inhabitants or planters, being at Present Actu- ally possessed, of any part of y*^ Premisses, & legally deriueing right from sd Mr Purchase, & o"" Ancestors, In witness hereof Wee the afore named Sagamores, well under- standing the purport here of, do set to o"" hands & scales, at Pejepscott the Seuenth day of July, In the thirty fifth yeare of the Reign of our souergane Ld King Charles the secuud one thousand six hundred eighty foure/ The marke of Warurabee/ The Marke v-^of Darumkine / his \ / Ills \ Vseal/ VseaU of Weeden Domhegon/Q^y The markeof (seal) Mihikermett of Nehonongassett|^-^ The markeof Numbanuett/ ^b^ ...^ ^ his marke & ( ^^^) 366 DOCUMENTS RELATING TO THE Sealed & Deliuered Memorandum that vpon the day of in the Presence of the date with in written Deede, John Blany/ the seuerall Sagamores whose James Andrews/ names are subscribed y''to & Henery Walters/ Inserted therein, did at the Fort John Parker/ of Pejepscott, deliuer quiett & Geo : tfellt/ 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 Thom^ Purchase, Deceased, & in right of his children, also the sd Mr Blan}^ 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/ Taken vpon oath this 19^*" of July John Parker/ 1684 : this was sworne too by John Parker before mee Edw : Tynge Jus : pe ; LXXXVII. EXTRACTS FROM A COMMISSION FOR A PRESIDENT AND COUNCIL FOR NEW ENGLAND, BY JAMES 11. OF ENGLAND. October 8/18, 1685. 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 autosfraph 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 Newhampshire and Maine, and the Narraganset country, otherwise called 3(58 DOCUMENTS RELATING TO THE the King's Province, with all the islands, rights, and mem- bers thereunto appertaining, and to order, rule, and govern the same according to such methods and regulations as are hereinafter specified and declared, until our chief Governor shall arrive within our said Colonies. And for the better execution of our 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*^ Wharton, Wate Winthrop, Nathaniel Saltonstall, Bartho. Godney, Jonathan Tyng, John Usher, Dudley Bradstreet, John Hinkes, Erancis 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 govei-nor of New York in 1674, Andros had been knighted in testi- mony of royal approval. In New England, where he ruled in the spirit of his royal master, and the " Ordinances " which accompanied his commission were held as the chief constitutional law, charter government was completely over- thrown. A manuscript copy of the commission of 1686 is in "Massachusetts Archives," CXXVI. It was first pub- lished in 1838, from the so-called " Usurpation Papers," by the Massachusetts Historical Society, " Collections," 3d Series, VII., 139-149; and again from manuscript by Peter Force, compiler, "Tracts and Other Papers, Relating to the Colonies m 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 Fiance and Ireland defender of the faith &c. To our trusty and welbeloved Sr. Edmund Andros Knt. Greeting whereas the government of that part of our Territory and Dominion of New-England hereafter mentioned is now in our hands and being minded to give all protection and incuragement to our good subjects therein and to provide in the most effectuall manner for their secu- rity and welfare, Wee therefore resposing espetiall trust and confidence in the prudence courage and Loyalty of you the said Sr. Edmund Andros out of our espetial grace cer- taine knowledge and meer motion have thought fitt to con- stitute and appoint, And by these presents Do constitute and appoint you, the said Sr Edmund Andros to be Our Capt. Generall and Govr. in Chief in and over all that our Territory and Dominion of New-England in America Commonl}'' called or known by the name of Our Colony of the Massachusetts Bay, our Colony of New Plimouth, and our Province of Newhampshire and Maine, the Narra- ganset country, otherwise called the King's Province, with all the Islands Rights and Members to the said Colo- nies & Territories in any wise appertaining And for your better guidance and direction wee do hereby require and command you to do & execute all things in due manner, that shal belong unto the said ofiice 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 arrivall 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 11. OF ENGLAND. September 19/29, 1686. 8ources. 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 unnatuial relation between New York and Pemaquid, which had been created for the aggran- dizement of the Duke of York, was broken less from a desire to favor Pemaquid than that the Puritan spirit might be humbled by the promotion of Andros. The " Order " is in the office of the secretary of state at 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 Count}', 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 Sort & Country of Pemaquid in Regard of its distance from New Yorke bee for the future annexed to & Continued under the Governm* 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 into the hands of our trusty & welbeloved S"" Edmund An dross 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 such person or persons as they shall Impower to receiue the same and for soe doing this shall be your warr". Given at our Court at Windsor this 19"> day of Sept 1686 & in the second yeare of our Reigne. By his Ma"^^ Comand Sunderland CI. XC. ABSTRACT OF THE TREATY OF LONDON, BETWEEN JAMES II. OF ENGLAND AND LOUIS XIV. OF FRANCE. November 16/26, 1686. Sources. The treaty between James II. of England and Louis XIV. of France made at London, November 16/26, 1686, guaranteed " peace, good correspondence, and neutrality in America." Jeukinson 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 Enghnid. 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 " Memoires des Coramissaires du Roi et de ceux de sa majesty Britanniquc, sur les Possessions & les Droits respectifs des deux Couronnes en Am^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), 100-162. 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), I., 261- 263. Another abstract, in French as well as in English, is printed by Charles Lindsey, "An Investigation of the Unsettled Boundaries of Ontario" (Toronto, 1873), 110-115. The text adopted is that of 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 traflac 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 m the island of Caymanes. XVII. Difterences 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. iSou7xes. 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 Depot de la Marine in Paris ; it was transcribed from that source for the commissioners under the treaty of Aix- la-Chapelle, and is printed in both Latin and French in " Memoires des Commissaires du Roi et de ceux de sa Majeste Britannique, sur les Possessions & les Droits re- spectifs des deux Couronnes en Amerique " (Paris, 1755), II., 89-92. An English translation is in the " New-York Entry Book," II., 179, and is printed from that source by Edmund Bailey O'Callaghan, editor, "Documents Relative 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' the said King of Great Brittain, the R* Honorable Robert Earle of Sunderland President of His Ma'^** Councill and one of the Principal! Secretaries of State, Charles E : of Middleton also Principal Secretary of State, and Sidney Lord Godol- phin Lords of his Mat^' Privy Councill, and on the other side the said most Christian King hath thought fitt to appoint the Sieur Barollan D'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 Couneills Reader in Ordinary of his Bed-Chamber and Intendant Generall of the Marine afiairs for the execution of the Treaty concluded the -^^ November in the year 1686 for the quieting and determining all con- troversies and Disputes that have arisen or may hereafter arise between the subjects of both Crowns in America as also to settle and determine the Bounds or Limitts of the Colonies, Islands, Lands, and Territories belonging to the said Kings and governed by their respective Governors or otherwise depending on the said Kings respectively in America. Wee the abovenamed Commissioners by virtue of the Powers granted unto us by the said Kings our Mas- ters, Do by this present Instrument in their names promise, agree, and stipulate, that until the ^ day of January 168f and afterwards from that day forwards until their said most 378 DOCUMENTS RELATING TO THE Serene Majesties shall send any new and express orders in writing concerning this matter. It shall not be lawfull for any Govern'' or Command'" in Chief of the Colonies, Islands, Lands, and Territories belonging to either Kings Dominions being in America, to commit any Act of Hostility against or to invade the subjects of the other King, nor shall the said Governors or Commanders in Chief, upon any pretence w^hatsoever suffer that any violence be done to them under Corporall punishment and penalty of making satisfaction with their Goods for the Dammage arising by such contra- vention nor shall any others do the same under the like Penalty And to the end the said Agreement may have the better effect. Wee do likewise agree that the said Serene Kings shall immediately send necessary orders in that behalf to their respective Governors in America, and cause authentick Copies thereof to be also forthwith delivered to the other Party. In witness whereof, Wee have mutually hereunto sett our hands @ Seals Given at the Palace at Whitehall the tt d^^J of December 1687. Sunderland P. (L S) Barillon Damoncourt (L S) MiDDLETON (L S) Dusson de Bourepaux (L S) GODOLPHIN (L S) TERRITORIAL HISTORY OF 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. Croix, with the exception of Pennsylvania and Delaware. The commission is in the Public Record OiEce, London, ''New England Papers," XXXIII., 381 ; from that source it was printed by Edmund Bailey O'Callaghan, editor, "Documents Relative to the Colonial History of the State of New-York" (Albany, 1853), III., 537-542. Instruc- tions which accompanied the commission are printed from the same source, pp. 543-549. The text adopted is that of O'Callaghan. Text. James the Second by the Grace of God King of England, Scotland France and Ireland Defender of the Faith &c. To our trusty and welbeloved S"" Edmund Andros Kn' 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 w^ee 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 necessar}'^ 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 Connecticutt, our Province of New York and East and West Jersey, with the territories there- unto belonging, as wee do hereby join annex and unite the same to our said government and dominion of New England. Wee therefore reposing especiall trust and confidence in the prudence courage and loyalty of you the said Sir Edmund Andros, out of our especiall grace certain knowledge and meer motion, have thought fit to constitute and appoint as wee do by these presents constitute and appoint you the said S"" Edmund Andros to be our Captain Generall and Governor in Cheif in and over our Colonies of the Massa- chusetts Bay and New Plymouth, our Provinces of New Hampshire and Main, the Narraganset country or King's Province, our Colonys of Road Island and Connecticutt, our Province of New York and East and West Jersey, and of all that tract of 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 Enofland in America. TERRITORIAL HISTORY OF MAINE. 381 And for your better guidiince and direction Wee doe hereby require and command you to do & execute all things in due manner that shall belong unto the said oflSce and the trust wee have reposed in you, according to the several! 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'" 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' 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 Westniinster the seventh day of Aprill in the fourth year of our raign.[1688.] By Writ of Privy Seal Clerke. 382 DOCUMENTS RELATING TO THE XCIII. GRANT OF LANDS AT MT. DESERT TO SIEUR DE LA MOTHE CADILLAC, BY THE GOVERNOR AND COUNCIL OF CANADA. July 23 i ^oo August 2» ^^^^' Sources. The grant of the place called " Donaquec" to Sieur de la Mothe Cadillac, iu'|ust^|, 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, greetinof. 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 OP 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 o f 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. C Canada, Charter of, to Alexander, 82. Cape Porpoise, Grants of, 163, 164, 179, ISO. 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. F First Colony of Virginia, 9. Friars, Capucine, 260, 263. 386 TERRITORIAL HISTORY OF MAINE. G GoBGEANA 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, 101; Muscongus, 125; Now 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, l.")0, 151 ; to Kittery, 274; to Levett; 72, 73; to Lewis and Bonighton, 117; to Oldham and Vines, 121, 122. Groat Patent, the, 191, 201. U IlEMP Flax, 52. Indenture for the purchase of land on the Kennebec Eiver, 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 laud 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; Mihikerraett, 365;Nehon- ongassett, 365; Numbanuett, 365; Smyth, Richard, 180; Warumbee, 365. Masts, used as a gift, 317. N New England, the Great Council for, 20, 45, 50, 51, 52, 61, 64, 65, 72, 73, 96, 98, 108, 117, 121, 125, 1.33, 137, 143, 150, 152, 159, 162, 165, 166, 177, 179, 183, 189, 259. New England, Division of the Pat- ent of, 61, 73, 74, 183, 184. New France, the Company of, 172, 173. Northern Company, the, 6, 7, 15, 16, 18, 19, 20. O Oldest State Document in the United States, 46. Old South Leaflets, 86. Order for Commissioners to hold court at Pemaquid, 322; for submission of Maine to Mass- achusetts, 317. INDEX. 387 Organization of Government of Province of Maine, 356. Papers, Baxter, 276, 306, 308 Carew, 61, 74; Conway, 72, 74 Masere, 86; New England, 257 Pejepscot, 133, 178, 361; Tre- lawny, 137, 151, 152; Usurpa- tion, 369; Winthrop, 133. Patents, Acadia toDe Monts, 1, 2; to Alcxander,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 Kiver, 278. Pejepscot Company, 177, 361. Pemaquid, deed of, to Brown, John, 80; grant of, 165, 166, 304, .323. Petitions for enlarged privileges by Winslow, 277; for Act to Surrender the Great Patent, 201 ; of Northern Company, 15, 16; to Parliament from Gene- ral Court of Maine, 267. Pitch, 52. Plough Company, 133. Plymouth Company, First Patent for the, 45, 46; Charter of, 108, 109; mentioned, 20, 26, 27, 29, 33, 45, 73, 337, 338. Potashes, 52. Prince Society, 58, 64, 74, 76, 82, 95, 98, 143, 189, 192, 205, 208, 222. Puritan and Episcopalian struggle in Maine, beginning of, 267. K Ratifcation to Stirling, Earl of, 181, 182. Recollects, 172. Report in favor of provincial government in Maine, 307. Richmond's Island, grant of, 162. 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. T 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, 3.59. Y Yorkshire County created, 273. 388 TKRIUTOKIAL HISTORY OF MAINK. INDKX OF NAMES. Amams, Thomas, W, !)1. AonioulH, Jorriaen, 328, 32J). AerHRon, C, 57. Aldon, John, lJ(i. Aldor.soy, Sainuol, !)0, !>1. AldworUi, Robort, 10.^), Kii), 107, I(i8, Kil), 170, 171, 172. Aloxandor, Sir Wiliiain, 57, 58, 5i), 00, 7-1, 70, 78, 82, 8:5, 8-1, 85, 128, I21>, i;50, i;il, I7;{, 181, 182, 184, 188, 180, inO, 280, :)11. See also undur Stirliii}:f. Allorton, Isaac, 217. Alnioii, .John, 7, 80. Andrews, .lamos, 'MM). Samiiol, 288. Andros, Sir Kdiuiind, :!26, .327, 028, ;!oo, ;)7o, ;}7i, :57it, aso, ;!8i, Anjjlosoy, , .'540. Angush, (Joorfio, lOl, 132. Anno, Quoon, 181, 27^. Ai)i)l(ilt)n, Saniuol, 300. Apsl(\v, Sir Alien, 20, 27, 75. Airlidalo, John, 178, 170, •501, 303. Argall, John, 2(5, 27. Samuel, 01, 75. Anindoll, Earl of, 10, 20, 27, 01, 02, 03,04, 05, 75, 00, 110, 144, 185, 186, 188, 207. Astry, , 360. B Bagnall, Wai/pkh, 162, 163. Baird, Charles W., 2. Ballard, Edward, 206. Baltimore, Lord, 185. !5an';s, Edward I)., 343. Banks, Charles Edward, 133, 131, 159, 1(52, 2(57. Sir John, 107. Sir Thomas ChrisLophor, 58, 70, 77, 82, 181. Barker, , 205, .371. Bath, Earl of, 26, 27, 336, 340. Hatter, Edm., .'560. Baxter, James IMiinney, 72, 117, i;57, 151, 152, 1(52,214,222,274, 270, 301, .300, 308. I5aylies, P'rancis, 21. Heal, Roger, 211. Beauchamp, John, 125, 120, 127- Bellingham, Richard, 01. Horkley, Lord, .335. Hincks, Hryan, 1.34, l;!5. Hiackstone, William, 120, 124. Hlany, John, 3(5(5. Mrs. John, .3(5(5. Hloek, Ae3, 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. Chalmer.s, Charles, 314, 319. Champernoon, Francis, 246, 249, 251, 301, 303, 309, 368. Champigny, Jean Bochart de, 382, 384. Clianning, Edward, 13, Charles I., 76, 77, 82, 86, 87, 93, 96, 99, 116, 121, 125, 127, 134, 142, 143, 152, 153, 166, 175, 178, 181, 196, 201, 204, 205, 209, 215, 219, 222, 223, 2.56, 257, 297, 302, 337, 3.38, 339, 345. Charles II., 292, 304, 306, 310, 311, 314, 319, 323, 324, .341, .344, .346, 350, .351, 3.56, 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. Gierke, , 381. Coen, General de, 176. Coga, Thomas, 142. Collecot, Richard, 322. Collingwood, Edward, 53. Cooke, Elisha, 360. Coppyn, Col. Thomas. Corstiaenssen, Ilenrick, 13. Cotton, John, 143, 145, 146, 148, 149, 1.50. Josiah, 108. Coventrie, Sir Thomas, 19, 335. Cox, William, 81. 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, 803, 309. D D'Amoncoukt, Barollan, .377, 378. Danforth, Thomas, 357, .358, .360. Darumkine, 303, .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, 04, 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, 304, 365. Drake, John, 26, 27. Samuel G., 74, 219. Dudley, Joseph, 360, 367, 368, 371. Dummer, Richard, 1.33. Dumont, M. Jean, 93, 278, .311, 314, 37.'). DuMonts, Pierre du Guart, Sieur, 1,2. Duresme, Bishop of, 302. Durumkine, 363, 364, 305. 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, 109, 170, 171, 172. Emans, Johannes, 287. Endicott, John, 80, 89, 90, 91, 132, 273. Ephraini, Captain, , 361; .sec Savage, Ephraim. Erskyn, Lord, 59, 78. Eyre, Eliezer, 143, 145, 140, 148, 149, 150. Thomas, 143, 145, 146, 148, 149, 150. F Faibweathek, John, 360. Felt, Geo., 366. J. B., 164. Fisher, Daniel, 300. 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, 140, Gardner, S 148, 149, 150. Thomas, 322. Gareoch, Lord, 59. Gates, Thomas, 7, 9, 21, 26, 27. pffi'fj' I Bartholmew, 358, 300, Uiclney, > .^^^^ ' ' ' Godney, ) *^- George III., 181. Gilbert, Raleigh, 7, 10, 21, 20, 27. Giles, Sir Edward, 20, 27. Glover, Ralph, 100. Gooche, Dr. Barnabe, 74, 75. Godfree, \ Edward, 72, 107, 159, Godfrey, j 177, 246, 249, 251, 267, 208. Godolphin, Lord, 377, 378. Goffe, Thomas, 90, 91. Goodyear, Moses, 152, 154, 155, 150, 1.57, 158. Gookin, Daniel, 360. Gorges, Lord Edward, 20, 27, 15S, 185, 180, 188. Sir Ferdinando, 7, 10, 18, 21, 22, 20, 27, 40, 53, 01, 63, 65, 67, 68, 69, 70, 71, 73, 75, 87, 90, 98, 99, 101, 102, 103, 104, 105, 100, 107, 110, 133, 134, 135, 137, 143, 144, 145, 140, 148, 149, 1.50, 1.58, 159, 160, 101, 102, 104, 172, 178, 179, 183, 184, 185, 180, 188, 201, 202, 208, 209, 210, 211, 214, 215, 210, 217, 218, 219, 220, 222, 223, 225, 220, 227, 228, 229, 230, 231, 232, 233, 234, 235, 230, 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, 340, 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, 3.56. Capt. Robert, 71, 198. Thomas, 137, 248, 249, 250, 251, 252, 253, 255. Grames, ) Rjci^ard, 131, 132. Grimes, ) ' ' 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. U Hackluyt, Richard, 7, 9. Haddington, Viscount of, 26, 27. Jieii;,}^"- 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, 3.50. Laurentin, 306. 'HaSjTl.oma«,7,:0,2,. 26, Haymon, ; HaiTis, 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, j also Clarendon, Earl of. Hilton, Edward, 120, 121, 125. Hinckley, Thomas, 108. Hincks, ) y , ^„„ Hinkes;! John, 368. Holderness, Earl of, 75. Hongers, Hans, 13. Hooke, Francis, 303, 309. William, 246, 249, 251. Hough, Franklin B., 372. Howard, , 307. Howland, John, 116. Hubbard, William, 133, 134. Hull, John, 360. Humfrey, John, 89, 90, 91. Humphreys, Robert, 349, -356. Hutchins, Thomas, 90, 91. Hutchinson, 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, 100. 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. Johnson, \ -c-, ■, n^n JohnstoA, J E«^^^-<^' 309- Isaac, 90, 91. John, 80, 165. William, 360. Jones, Thoma, 360. Jordan, Robert, 1.52, 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, 218, 260, 261, 269, 270, 280, 282. Claude, de St. E.stienne, 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 XIIL, 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, Edvrard, 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. Matrevers, J ^ ■■ ,0^ nm Maultrovers, [^«^-^'184,201. Maverick, Samuel, 72, 73, 160, 310. May, Jacobssen, 13. Maynard, Lord, 335. Maynet, Josh, 129, 132. Menon, Charles de, see D'Aulney, Charles. Menstrie, Lord of, 129; see Alex- ander, Sir William. Middlesex, Earl of, 75. Middleton, , 377, 378. Mihikermett, 363, 365. Morapesson, 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, | ^po o/. i o/>- Neonongassett, j "^^' ^^^^ '^^^- Newman, Matthew, 81. Nicholes, John, 340. Nimbanewett, "I q«o oc4 onr Numbanuett, r^^' •^'^^' ^^■^- 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. 393 Palaiket, 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, 3.30, 331. Phillips, John, 349. Nathaniel, 348, 349. William, 309. Pierce, John, 45, 46, 47, 48, 49, 50, 51, .52. Pigott, , 325. 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. K Razilly, Isaac de, 172, 173, 212, 260. Richardson, Amos, 244. Raines, / Francis, 303. Raynes, ) ' Rainsford, Rich., 340. Robert, 160. Randolph, Edward, 359, 367, -368, 369. RattclifEe, , 62. Rawson, Edward, 1-32, 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 Saffobd, Moses A., 205, 208. Sainsbury, W. Noel, 61, 73, 74, 151, 159, ^GS, 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., 1.33. 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. gS:°: hi.- Henry. 63,-3, 75. Standish Miles, 116. Steenwyck, Cornells, 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. T Tellier, , 273. Temple, Col. Thomas, 280, 282, 283, 284, 285, 286, 287, 311, 322. Thompson, Eben, 98. Mr. , 63. Thornton, Baron of, 131. John Wingate, 74, 80, 152, 165. Tony, Dew, 172. Torrey, William, 360. Trask, William B., 98. Trelawny, Rev. C. T. Collins, 152. Robert, 142, 151, 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, 3.54, 355, 368. Vahan, see Vaughan. Vassell, Increase, 90. Samuel, 91. William, 90, 91. Vaughan, George, 121. Ven, John, 90, 91. Vines, Richard, 121, 123, 124, 125, 157, 163, 171, 246, 247, 248, 249, 250, 251, 252, 253. Walter, 140. Volckertssen, Cornells, 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, 257, 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, 3.35. Worumbo, 180, 361, 363, 365. Wright, Nathaniel, 91. Wroth, Sir Thomas, 26, 27. Y Yeamans, Era., 172. York, Duke of, 292, .304, 305, 306, 319, .323, .324, 326, 372. Young, Sir John, 88, 89, 90. Z ZoucH, Sir Edward, 26, 27. INDEX OF PLACES. Acadia, } 1, 2, 3, 7, 126, 128, 129, ACCADJA, i 130, 175, 176, 212, 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, 55, 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 TEKRITORIAL HISTORY OF MA INK, Baronny of de La Tom-, 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, 845, 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. 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, Counti-y of the, 59. Exeter, England, 8. F Falls of Pascassockes, 147. Falmouth, 73, 288, 289, 290. Fountainbleau, 6. Fort Royal, 176. St. John, 57. St. Louis, 174. Forts:— at Acadia, 384. Cape Breton, 176. Pejepscot, 360. 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, 1.38, 142, 143, 152, 153, 166, 175, 196, 203, 204, 205, 209, 215, 223, 257, 259, 260, 269, 278, 279, 280, 292, 297, 304, 306, 310, 311, 324, 344, 351, 360, 367, 370, 373, 376, 379. G Gaspie, Gathepe ^}60. 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, 0. 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, 1.38, 142, 143, 152, 153, 160, 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 HISTORT OF MAINE. King's Province, the, 370, 380. Kittery, Maine, 205, 208, 265, 273, 274, 275, 276, 288, 290, 303, 309- f^tnt^'M-^ee Acadia. La Cadie, i 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, 302, 363. Martha's Vineyard, 302, 307, 325, 327. Maryland, 185, 222. Masouia, 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, 3-50, 356, 357, 358, 3.59, 361, 367, 370, 379, 380, 382. Bay, 86, 87, 88, 90, 91, 308, 337, 338. Mattawack, ( 188, 190, .306, 325, Matowack \ 327. Melliguesche, 281. Menstrie, 57, 83, 129. Mereconeag, l3(.i g^o 3(54. Merriconeag, j ' ' Mereliquisli, 283. Merrimac River, 67, 88, 97, 101, 197, 273, 334, 337, 338, 339. Merrymeeting Bay, 362, 363, 3(i4. 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, ) g. J25 126 1^7 Musrongruss, P^' H"^^ J^J' ^-'' Muscontus, j ^^^' ^^^• 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. Nan-ow 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, 20, 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, 120, 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, 330, 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, } ^^qq Newichwanock, j 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, 259, 269, 281, 282, 283, 329, 330, -331. see Pe.tep.scott. Pagiscott, Pagypscott, Palatine, County of, 222, 225, 302, 344, 346, 347, 348, 351, 353, 354, 355. Paris, 265, 272, 278, 281, 3S4. Pascataway, see Piscataqua. Passamaquoddy Bay, 13. Passataquack, see Piscataqua. Patuckquett River, 258. Pejepscot, ) 150, 151, 177, 178, Pagiscot, [ 243, 244, 303, 301, 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, ) 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, 21-3. B Rangeley Lake, 13. Redunes, )^ ^q. Reddownes, J ^^' 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, j also River of Canada. St. Mary, 281. 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, 1.38, 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, / 3 3g Sebascodiggm, ) ' ' 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, o9. Suza, 92. Swackadock, \ j^g^ i23. Swanckadocke, ) Kiver, 119, 123. T Terra Nova, 55. Thornton, England, 131. U United Netherlands, the, 14, 15, 53, 54, 56, 314, 319, 321, 330, 331, 332, 341. United States, 46. Upper Clapboard Island, 288. 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, b09. Weserunscut, 299, 300. West Acadia, 260. West Indies, 54, 55. West Jersey, 380. Whiteby, 63. Worcester, 165. YARMOUTH, 258. York, 122, 126, 137, 165, 177, 180, 12, 248, 274, 289, 290, 291, 301, 309, 320, 3io' 318, 361. ronntv ) 73, 80, 193, 205, 208, county, ( i'-"! ^ ' ' ^ „-. Yorkshire, \ 214, 222, 27o, 274, 275, 288, 289, 291,317, 318.