i —; ——' — I j &i 5 a.': _ a 4*> * e P P E S elating to and parts adjacent in t he prefent ftate of Maine, known as CORNWALL COUNTY, WHEN UNDER THE COLONY OF NEW-YORK, Compiled from Official Records in the oice of the Secretary of State at Albany, N. Yo BY FRANKLIN B. H O U G H. ALBANY, Weed, Parfonfs Companie. MDCCCLVI INDEX. ~~~~~~~~~~A ~~PAGE A fual fettlement required, of partners, - - - - 50 Affidavits of Indian hoftilities, - - - 60 Alden, John, delivery of ketch to, - 29 Allen, John, commiffion of, as juftice of the peace - - - 69 " c" as fheriff, - - - - 73 Ammunition for common ufe, to be provided, - - 53, 78 Androfs, Gov., letters of, - - - 4I, 42, 44 Appeals may be made, - - - - I 8, 37 Arfon to be punified, - - - - - - - 114 Affociation for fettlement at Sheepfcot river, - - - 48 D lack Point, jurifdiftion extended to, - - - - 32 Block-houfes ordered to be built,. - - - - 71, I04 Bofton, letter to Gov. of, I I " meeting at, for making fettlements, - - - - 48 "c claims of, difallowed, - - - - - 97 Bowditch, Wm., claims of - - - - 9, 15, 23 Brockholls, Gov., letters of, - - II, 24, 31, 47, 48, 58, 66, 67 C aren, Corporal, fent to N. Y., - - - - - 25 Charter of the Duke of York, extra& from, - - - 5 Colleftor's commiffion at Pemaquid, - - - - - 74 Collins, Samuel, murder of, - - - - - - 33, 40 Commiffioners appointed for fettling title, - - - 59, 102 Commiffion for murder trial, - - - - - - 33 - Juftices of the peace, - - - 38, I2 113 - Francis Skinner as commander at Pemaquid, - - - 45 - for fettling title, - - - - - - - - 59 - John Allen as juftice of the peace, - - - - 69 - Tho Sharpe as commander at Pemaquid, - - - - 73 - A. Woodrop as colle&or and receiver, - - - 74, 105 - N. Manning as capt. of a foot company, - - 00 iv INDEX. PAGE Commifion for G. Godard as lieut. of militia company, - IOI - G. Godard as captain of a foot company, - - - - Io6 - " as furveyor, - o6 - J. Buttery as captain of a foot company, - - - Io6 - J. Palmer as fpecial commiflioner, - - - - III Cooper, Thomas, licence to take up lands, - - - 09 Corporal punilhment allowed, - -- 2 Council Minutes, - - -, 9, 6, 18 9,, 23, 29, 32, 35, 36, 40, 73, 91, 94, 104, I07 Courts, order for holding - 35, 40 Cranfield, Gov. of New Hampflire on Indian affairs, - - 91 Crimes, inquiries againlf, - - - - - - I 4 Debts, exemption from, to thofe who fettle, - - o8 Dennis, Lawrence, letter to, - - - - 67 Dep. Sec. J. Weft appointed, - - - I Diforders at Pemaquid, - - - - 66, 67 Dogs, number limited to one in a family, - - - - 77 Dongan, letter to New Hampfiire, - - - - - 93 " Gov., on Indian affairs, - - - - 92 Dudley, Gov., on Indian affairs, - g- - - IDrunkenness prohibited, - - - - 76 Dymond, Ifraie, trial of, for murder, - - - - 33, 40' ntry of veffels, regulations concerning, - - - - 22 European news, - - - - - - - - 26 Excife may be levied, - - - - - 2, I23, 124 Expenfes of engaging the Mohawks, - - - - 93 F ifheries, regulations of, - - - 17, 18, 21, 35, 37, 75, 8I Fort, regulation of, - - - - 9, 2I, 33, 41 Fort, supplied, - - - - - - I7 I 2 French hoftilities expefted, - -- - 26, 27, 90 French take Pemaquid, in I696, - - - - 34 G odard, Giles, commiffions of, - - - 0, o6 Graham, James, licence to take up land, I - - - o8 Hutchinfon, capt. E., claims under difallowed, - - 97 Indian affairs,, - 7, 19, 2, 33, 36, 46, 71, 90, 91'C peace with,...- 27, 93 INDEX. v PAGE Indians not to be trufted for goods, - - - 19, 22 Indian houfe to be built at Pcmaquid, - - - - 23 Indian hoftilities, - - - 8, 31, 43, 60, 88, 90, 9I, I33 Inftrution to capt. Manning, - - - - - - 120 oflyn, letter to, - - - 58 Jefuits kept with Mohawks by the French of Canada, - - 91 Jordaine, Juftice, letter to, - - 42 Joflyn, Mr., houfe to be built or hired for, - - 44 Jury, trial by, fecured, - - - - - - 17 Juftices commiffioned, - - 38, 102, 113 Juftices, form of the oaths of, - I 19 K elfon, John, informed againfl, - -- 89 Kennebeck, fettlers encouraged, - - - - - - 79 " C fort folicited to be built at, - - - 87 " Indians, prowefs of, - --- - 91 Ketches, delivery of, - 9, I, 15, 23, 29 Knapton, Capt., letters to, - - - - - - 24, 31 " commiffion of, as juftice of peace, - - - 38 L and to be given to aftual fettlers, - - - 36, 79, 80 Law, abfence of, complained about, - - - - - 82 Letters to Pemaquid, - - - 6, 24, 31 4, 42, 44,, 58, 66 Licences for taking up lands, -- - - Io7, Io8, IO9 Liquors, fearches for, in houfes and cellars allowed, - -- I22 Lovelace, Gov., letter of, -- - - - 6 anning, Capt., complaint againft, - - - - - 99 c" commiffion of, as captain, - - - 100 C" inftruftions to, as collector, - - - - 20 Martha's Vineyard, commiflions for, - - - - 35 Matthews, Tho., fent to N. Y. a prifoner, - - - - 25 Merry Meeting, block-houfe at, - - - - 71, 104 Military power oppreffive, - - - - - 82, 83, 99 Miniftry to be fupported, - - - 51, 79 Mohawk's, incurfion of, - - 31, 40, 42, 43 " Jefuits with, - - - - - - I " to be engaged againft eaftern Indians, - - 92 Murder, commiffion for the trial of, 33 antucket, commiffions for, - 35 New Dartmouth, - - - - 86, 87, 94 vi INDEX. PAGE New Hampfhire, letter to Governor of, 9- - 93 New Town fettlers of, encouraged, - - - - - 79 O ath of juftices of the peace, - - I I9 Orders for government of Pemaquid, - - 16, 19, 32, 40, 46, 75 for delivery of fort at Pemaquid, - -47 almer, capt. John, commiffion of, as commiffioner, - - I I Paffes for ihips to fail to Pemaquid, - - - - 35, 136 Pattifhall, R., complained againft, - 86 (" informs againft John Kelfon, - - - 89 Peace with Indians, - - - -- - - 27 Pemaquid captured by French, -- 134 " furrendered to Maffachufetts, - - 132 " remonftrance againft furrender of, - - - 32 Petition of Wm. Bowditch for a ketch, - - - 1 " from Pemaquid, - - - 70, 8I, I04 " from New Dartmouth, - -- 94, 95 Pofleffion of Pemaquid afferted by New-York, - - - 5 uitrents, - 1 107, I24 R ahly, John, trial of, - - - - - 33, 40 Remonftrance againft furrender of Pemaquid, - - - 32 Reprefentative, one allowed to New-York gen. affem. - - 73, 98 Roades, C., fent to New-York a prifoner, - 25 Rofwick Ifland confirmed to John Weft, - - - 25 Rum forbidden in fort, - 19, 21 " adulteration of, prohibited, -- 23 Sagadahock magiftrates, limitation of fuits before, - - 35 " houfes at, - -- 77, 85 Search for liquors directed, - - - I 2 Settlements reftrited, - - - - - - 8, 87 " inftruftion for regulation of, - - - 75 Sharpe, Thomas, commiflion of, as commander, - - 73 c" " letter to, - - 41, 44, 47 Sheepfcott river, fettlement, - -- - 48, 87 Sherif at Pemaquid, John Allen, appointed, - - 73 Skinner, Francis, commiffion of, as commander, - - 45 " inftru&ions for government, - - - - 46 " letter to, - 66 Smyth, Tho., liccnfe to take up lands, - - 09 INDEX. vii PAGE Spragg, John, licenfe to take up lana, - - Io8 Summerfet Ifland granted to John Spragg, - 107 Supplies, complaint concerning, 84 Surrender of Pemaquid dire&ed by King, - - - 131 Surveyor, commiffion of Giles Godard as, - -- Io6 rade regulated at Pemaquid, - - - i6, 20, 75 " reftrifed to Pemaquid, - 8, 33, 36, 37, 8o, 86, o05 Tradefmen may be admitted to fhare in fettlement, - - 56 Trading houfes may be built, - — 20 W aldrop, A., colletor of quit rents, - 05 Wells, Mr., to fail for England, - - - 48 Weft, John, Rofwick Ifland granted to, - -- 25 c" " commiffioned as juftice of peace, - - - 38 " c" deputy fecretary at Pemaquid, - - - - I Woodrop, Alex., fub-collector and receiver, - 74 INTRODUCTION. HFE obfcurity which has involved the hiftory of that portion of Maine included within the patent of the Duke of York, while under the ducal government, has long been felt and acknowledged,' and hiftorians in their accounts of this period, have been obliged in the abfence of authentic documents, to rely upon flight and imperfea data. The following papers now for the firft time printed, it is believed, will add much to our acquaintance with the annals of the fedion known as " Pemaquid and its dependencies," in the early records of New-York. The dependance of a part of Maine upon the government of New-York, originated as follows: William Alexander, Earl of Sterling, Secretary of the kingdom of Scotland, having been previoufly concerned in extenfive grants in Nova Scotia2 1 Vide, Williamfon's Hift. of Maine, i, 228 et feq.-Coll. of Maine Hift. Soc., ii, 229-237:-ib. iv, 209, &c. 2 The Nova Scotia Charter was granted March 9, i62z, confirmed and enlarged by a second patent, Sept. o, of the fame year. Williamfon's Hift. of Maine, i, 223-Sullivan's Hift. of Mgine, I24-Coll, of Maine Hift, Soc., i, 5I. 2 and in the operations of the Plymouth Company, received by lot, in I635,' one of the three divifions into which the territory of Maine was divided upon the diffolution of that Company. The fhare thus received, extended from the Kennebeck to the St. Croix rivers, and embraced feveral grants previoufly made, upon which fettlements had been commenced. In i663, the Earl of Clarendon, on behalf of the Duke of York, purchafed of Henry, then Earl of Sterling, his intereft in American grants,2 including, befides that of Maine, the title of Long fland, Nantucket, Martha's Vineyard,3 and other iflands adjacent, and in i664,4 the Duke of York received from his Royal brother a Charter for there territories and Thefe lots were drawn Feb. 3, the grants executed April 22, and the charter of the company furrendered June 7, of that year. Coll. of Maine Hift. Soc., i, 42-44-Coll. of New Jersey Hift. Soc., ii, 38. 2 The confideration of this purchafe was ~ 3,500, but upon failure of payment, a life annuity of ~ 300 was, in I674, agreed upon, payable out of the net profits of revenue arifing from the colony, which proving infufficient, an order was iflued in 1689 for the arrears to be paid out of the funds of the Colony. New-York Coll. Hift., iii, 606. 3 A fmall edition of a volume embracing the New-York official records concerning Nantucket and adjacent iflands, prepared by the editor of this volume, has been printed under the patronage of the Hon. John V. L. Pruyn, of Albany, for diftribution among public libraries. 4 March I2, Vide Patents, i, I09, Secretary's Office, Albany, 3 others, then held by the Dutch, fince known as New-York, New Jerfey and Delaware. The New-York records do not fhow what jurifdidion was afferted over the eaftern portion of the Duke's territories prior to the redudion of New-York by the Dutch in 1673. Upon that occafion the General Court of Maffachusetts, under pretext of a furvey that included the territory, took poffeffion of the Pemaquid fettlements, organized a local government,' and in July, I674, a court was held under this authority within the Duke's territories. Upon the reftoration of New-York to the Englifh, by the peace of Weftminfter,z a new patent, embracing the fame territory, was taken out by the Duke of York,3 and upon the arrival of governor Androfs, meafures were taken to re-eftablifh this authority throughout the government. Civil and military commiffions were iffued, and upon the organization of a General Affembly in New-York in 1683, and Williamfon's Hift. of Maine, i, 443-Coll. of Maine Hift. Soc., i, 131. 2 Feb. 9, 1674, Art. 6. 3 June 29, 1674, Vide Smith's Hift. of New-York, (I814) 61-Dunlap's Hift. of New-York, i, I29. the divifion of the colony into counties, "Pemy-Quid, and all the Territories in thofe Parts, with the Iflands adjacent," were ereded into the county of Cornwall, and entitled to fend one member to the General Affembly.' This conne&ion continued until the fucceffion of the Duke of York to the throne, when by a royal orderz thefe territories were annexed to the New England government. The following papers are arranged chronologically, with references to the originals in the New-York Secretary's office. The occurrence of a line of afterifks, denotes an omiffion of matter relating to other fubjeds, and a row of periods, indicates a lofs of part of the record. The original orthography has been followed, except in the ufe of capital initials in names of perfons, where fmall letters had been employed. Nov. i, I683. Orig. Laws, MSS. ii.-Livingfton & Smith's, &c., Ed. Laws, i, 6.-The aft organizing counties was re-enaded Ota. I, I69I. It will be feen that Gyles Goddard a&ually reprefented Cornwall county during one feffion, 2This order was dated Sept. 19, 1686, Deeds viii, 75, Secretary's office, Albany. 5 PAPERS RELATING TO P E M A O4 U I D AND ITS DEPENDENCIES. EXTRACT from the Grant to the Duke of York, Dated 12th March Ao i6. Car. 2.d I664. [Patents i. 109.] HARLES the Second by the Grace of God King of England Scotland ifrance & Ireland Defender of the ffaith &c To all to whom thefe p'nts fhall come Greeting: Know yee that wee for diverfe good Caufes and Confiderac6ns us thereunto moving Have of our efpeciall Grace Certaine knowledge and meere motion Given and Granted And by thefe prefents for us our heires and fucceffors Do Give and Grant unto our Deareft Brother James Duke of Yorke his heires 6 and Affignes All that part of the Maine Land of New England begining at a Certaine place called or knowne by the name of St Croix, next adjoyning to New Scotland in America and from thence extending along the Tea coaft unto a certaine place called Petuaquine or Pemaquid and fo up the River thereof to the furtheft head of ye fame as it tendeth northwards and extending from thence to the River Kinebequi, and fo upwards by the fhorteft courfe to the River Canada northwards: And alfo' [Here follows a grant for the province of New-York and parts of Maffachufetts and Conne&icut, New Jersey, Delaware, &c.] Lre to ye Inhabitants of Pemaquid. [General Entries iv. 258.] GENT. It might feem ftrange to you that in foe long diftance of time thofe parts under his Royall Highness Patronage and Protection, of which you are Membrs & Inhabitants have not been affumed in any particular care & Governmt. as Subftitute to his Royall Highness, by whofe Grace and Indulgence I am (under him) 7 appointed Governor. of all his Territoryes in America; And truly I might juftly have fallen under yor Cenfure of Remiffness, were I not allwayes in Expeaac6n that Affayres would have been perfeted by my worthy Predecelior Coll: Nicolls, to whom the fole managery of that Busyness was committed; neither could I ever doubt of the perfecting of it, had it not been interrupted by an Active & furious warr, in wch Expedition hee moft fadly, (yet as bravely) laid down his Life at his Masters ffeet;' All expectations from him being now wholly extint, It is a Duty incumbent on mee to ered a fuperftrudure on that ffoundation, which hee in his Lifetime worthily aimed at; To which end I fhall defire you, ffirft to give mee a true ftate of yor Affayres, as they now ftand; next That you would tranfmitt to mee a modell of fuch a Governmt. as fhall bee moft conducing to the Happyness of that Colony, both to its fafety Traffick, & Increafe of Inhabitants, promifing upon the reception of that Scheme, not only Coll. Richard Nicolls was flain in a naval engagement with the Dutch, in the fervice of the Duke of York, in 1672. A monument is erefed to his memory in Amphil Church, Bedfordfhire, England, 8 to Inveft you wth ample power to Exercife yor Authority both to Ecclefiaftick as Civill Affayres, but will bee ready on all Occafions to bee affifting to you in the Prefervation of all yor Rights and Intereft againft any finifter Obftrudions; Thus defiring to heare from you by the firft Opportunity, I heartily recommend you to the Allmighty's Protedion, & remaine Yor Very AffeCionate ffriend, Fort James on ye Ifland Manhatans FRAN: LOVELACE. in N: Yorke, ffeb: i6th i67X. Council Minutes. [Council Minutes vol iii. Part II. Page I17.] At a Councell Sept 8th i676. Prefent The Governor Capt Brockhols The Secretary Capt Dyre. A Letter coming from Bofton to the Governor from Mr Abr Corbetts who lives to the Eaftward, in the Dukes Patent, 9 relateing the deftrudion of the Eaftern parts near Pemaquid &c by ye Indians, in the month of Aug' laft, about the 2oth day of the month, The fame being read and confidered of, Refolved, to fend a floope to Pifcataway Salem and Bofton, to invite and bring as many of the Inhabitants particularly fifhermen as will come driven from the Dukes Territoryes, and parts Eaftward, and to fupply them with Land in any part of the Government they fhall chute. [New-York Colonial MSS. xxvii.] At a Councell held in N. Y. the 5th day of Jan I677. Vpon a Le from the Go: of Bofton dated No: 13th brought hither by Mr WI Bowdifh the 2' inft. defiring and order for the delivery of the Ketches at Pemaquid, to their ownr, of which faid Mr Bowditch with M' Wm Duvall is faid to be oner, And the laid Mr Bowditch on ye 2 IO0 behalfe of himfelfe & M' Duvall offering fecurity to pay falvage or what other Charges their Ketch fhall be adjudged unto by the Go: alleadging alfo that the fd Ketch lyeing at fhee doth will bee quite spoyled, & alfo will loofe the fifhing feafon this fpring for which they make ready in ffebr, & is comonly efteemed to bee worth double yt it is the reft of the yeare. The fame being particularly taken into confiderac6n Refolved That an order be given to ye fd Mr Bowditch on behalfe of himfelfe & Mr Duvall for the delivery of the fd Ketch unto him or whom hee fhall appoint, hee giving fecurity to the value of the Ketch here to pay falvage, or fuch other charges as fhee fhall bee adjudged unto, at the returne of the Governor An order hereupon for the delivery A bond of 400oob for paymt of 200 Tho Del: & Wm Bowditch of Salem. Wm Bowditch of Salem in N: Engl Merch & Tho Delavall of New-Yorke Merch a blank fum bound to Edm Andros Efq Go. in this his R H. Territoyes in America his Succeffor & Affignes. II (The foregoing paper was endorfed as follows:) To Capt Caefar Knapton, Comiandr You are hereby defired to caufe the Ketch... of.... to bee deliuered unto Mr Wm Bowditch or his order, according to the order of Council hereunto annexed hee having given in fufficient fecurity for the doing whereof this fhall bee yor difcharge Given under my hand the 7th day of January 1677 Copie of a Letter to the Go: of Bofton. N. Y. Jan 7. I677. [New-York Colonial MSS. xxvii.] HBLE SR. Yo.rs of No:r 13.th by M.r Bowditch, directed to our Go: or in his abfence to his dep: arrived not here till the 2d inst, which was almoft 6. weekes after his departure, The contents whereof relate to the delivery of the Ketches at Pemaquid 12 to the Owners, Its fuppofed you meane the former owners, Otherwife ye fortune of the warre had apparently made them change Maftors It could have beene right, thofe perfons had made their claymes or applicac6n for them foonW, probably ere this they had from Comander Knapton, but feverall Reports coming that fome of thofe own'r have fd they had rather the Indyans had kept their Ketches, then that they fhould come into the hands of NewYorke Governmt might in part bee the occafion why no other order was fent thither, then for their apprizemt, and not broft here the rugged winter feafon fetting in feeming to forbid their removall till spring, Your opinion about the delivery of the veffels as well as captives, which you underftand by the Go:' Letter, to bee mentioned in the peace, feemes to bee followed with fome paffion in the following claufe, that if they were not delivered for the benefitt of the right Ownrs that loft them, you fhould not know to underftand his moc6ns, for 11 fuppofe they will appeare to have tended to ye Gen."" good of his 3 Matie fubjedts in thofe parts as well as the interefts of the Governmt, & will always bee our aime to ad with charity and juftice towards Or neighbor. as well as others, & which we could have the like retaliation from them, then fhould wee not bee fo often Cenfured & Condemned: It cannot but bee admited that you fo often repeate the overtures of peace betweene us & ye Indyans wrote to you of from Pemaquid, as you fay & that unleffe the veffels were dd. as well as captives you fhould not comply on any other termes, fince if you will againe perufe Or Letters you will find that the conclufion wee had made was a pofitive peace beyond any overtures or ceffac6n of Armes, & our fending to you, was onely to acquaint you, that we had as neighbo'r: & fubjedts to one Pr. encluded you if you pleafed, and if you had refufed it, upon any nice termes not comprehended in the Agreemt. wee had made, the prejudice would have redounded to your felves, & allthough afterwards by a collaterall Agreemt. wee got the Ketches to bee encluded, it was not becaufe you mentioned you otherwife I+ fhould not comply &c., but out of a defire to the publick Good of his Matie fubjedts, without any private aymes or pretence of particular advantage otherwife: The which that you may find will bee made Good by deeds as well as words, I have with the advice of the Councell upon the application from Mr Bowditch given order for the delivery of the Ketch wherein hee is conferned hee giving fecurity to anfwer what falvage or other charges there may be adjudged unto at the Go: returne, which you may bee confid.t will not bee unreafonable. And in any.... elfe fhall not bee wanting to continue fr... correfpondence with Or neighbors being Ho:ble S.r o.r moft humble Serv.t N. Y. Jan. 7. 677. A. B.' [Council Minutes vol iii. Part II. Page 153.] At a Councell June 9, I677. A propofall being made by the Governor whether it would bee advifable to E Anthony Brockholls. I5 fend to take Poffeffion and affert the Dukes Intereft at Pemaquid, & parts adjacent Eaftward, according to his Roy1 HS Pattent or nott, Upon confiderac6n had thereupon, It was thought advifeable fo to do, And that if we make Peace with the Indyans there the Maffachufetts to bee comprized if they Pleafe. All the ffifhermen & old inhabitants to be reftored and Proteted. [New-York Colonial MSS. xxvii.] To Capt Anthony Brockholes & the Reft of ye Councell of ye Government of New-Yorke. The Humble Petic6n of William Bowditch of Salem in New Engld Mercht Sheweth. That yo' Petr being bound for Pemaquid in the month of March paft, to receive his Ketch, brought there by the i6 Indyans, for ye which he had an Order of Councell, he made purchafe from the Owners of two other Ketches lying there, that had likewife been brought in by the faid Indyans, which faid Ketches, if fome fpeedy care bee not taken about them will be altogether fpoyled & ufeleffe, haveing layd hall'd up in a Creeke all this winter, where they are alfo subjet to the Hazard of being fired, by fome malicious Indyan of whome there is too much fufpic6n. Your Petr doth therefore moft humbly prai, that hee may have an Order to be poffefft of the fd two Ketches, in like manner as hee had for the former, & hee fhall give fecurity to pay all fuch falvage and charges as they fhall be adjudged to pay, at the returne of the Governo. And yor petn will ever pay &c. [Council Minutes iii. Part II. I63.] At a Councell 2d Augst 1677 Capt Brockholes &c Lettrs from Pemaquid of r2th & I3th of July read. Ordered fending to or feeking the Indyans not allowable, but if they apply & I7 fubmitt according to the Inftrucc6ns to bee received, for any Particulars, may apply to the Governor at New Yorke, for wCh on their Defire to finde them paffage in fome of our foops going & returning. Orders, and Inftrudions to bee very punaually and ftridly Obferved particularly that none on any Pretence whatever, doe range or goe into the woods or creeks, but to ufe all endeavours to fecure the Open Sea Coafts and Iflands as well as defend the ffortt. To admitt or treat with no prfons whatever but upon all Occafions or applicac6ns to refferr to the Governo at New Yorke. Another Sloope to bee forthwth fent with ye above Orders and a further Supply of Stores for the Garrifon. The Garrifon being fettled that Capt Brockholes or Enfigne Knapton bee left with fiffty foldiers and the Sloopes Company the other Officrs to Come home as pr former Intimac6n in the Governors Lettr the 26th paft. Any difference betweene Inhabitants and ffifhermen to bee determined by Mr 3 Jofeline, or other Juftice of the Peace but in extraordinary Cafes of great Import or value ye commander to be prfent, and appeale allowed to the Governor and Councell at Yorke if defired according to Law. [Councell Minutes iii. Part II. I69.] At a Councell Sept I th I677. Refolved that no Inhabitants bee admitted to dwell in his Rl1 Hs Territories at Pemaquid and parts adjacent. The Indyans there upon their fubmisfion admitted and Confirmed to live as other Indyans of the Govermt, they comporting themfelves, and living as they ought. The trading place to be at Pemaquid & no where elfe. All Entryes to bee made att New Yorke and no Coafters or Interlopers allow'd but if any found to be made prize. All Englifh ffifhers to have free liberty of ffifhing, they conforming themfelves to fuch orders & rules as fhall be given for the benefitt of faid ffifhery. 19 Liberty of Stages upon the ffifhing Iflands but not upon the Maine except at Pemaquid neare the ffortt. The Indyans not to goe to ye ffifhing Iflands. No rum to bee dranke on that fide the ffort ftands. No man to truft any Indyans. At a Councell Sept 27. i677 Lettrs from Pemaquid from Mr Caefar Knapton Commander at Pemaquid, & the ffrench att St Johns, & Penobfcott read. Orders and Diredions for the Commander att Pemaquid. [Warrants Orders Pafles &c iii. 268.] The Indyans late fubmiffion and peace with them admitted and allow'd and comporting themfelves as they ought, to have all Juftice, and freedome of living neare, converfe and commerfe with us, as all other Indyans of the Government have and do enjoy. 20 Butt to prevent all Inconveniency's or occafions of difference, no Indyans to goe to the fifhing Iflands, nor Chriftians admitted or fuffer'd to inhabit or converfe on the Maine, except att Pemaquid under protection of the Fort, this winter, or till further Order, to which place fupplys are and fhall be fent for all partys. Traders from Yorke and that bring fufficient clearings from the Cuftome houfe according to ad of Parliament, to be admitted to fett up for the prefent trading houfes, under command, butt att convenient diftance from the Fort, to the Landward, fo as a ftreet be left of good breadth, diredly from the Fort to the narroweft part of the neck or point of land the Fort ftands upon, going to the great neck towards New Harbour; and if endwife fhould anywayes blind, or hinder the fort of the fight or command of the water, then faid houfes to be fett broadways to the faid defigned ftreet, to which all Doores to open, and not fuffer'd on any other fide or End. All trade to be in the faid Street, in or afore the houfes, between fun and fun, 21 for which the drum to beate, or bell ring every morning & evening, and neither Indyan nor Chriftian fuffer'd to drinke any ftrong drinke, nor lye afhore in the night, upon the neck or Point of land the Fort ftands upon, & any prefuming to the contrary or coming there drunk to bee apprehended and punifhed according to his defert, and allfo all Traders not giving over, and immediately fhutting their doors att faid time and warning. No Indyans nor Chriftians to be Admitted att any time within the Fort except fome few upon occafion of bufinefie below, but none to goe up into the Redout, nor no manner of trade whattever, upon any accompt or pretence whattsoever att no time in or neare the Fort, butt in the above ftreet, upon penalty of forfeiture of all such traders Goods and priviledge and Corporall punifhment as the cafe may deferve. Fifhermen giving notice to the Fort, to have all Liberty of making their fifh on the fifhing Iflands, or neare and under the protedion of the Fort. 22 If Occafion one or more Conftables to be appointed for the fifhing Iflands, and Indyans to have equall Juftice and Dispatch. The Duke's floop now fent in the King's fervice to remaine there all winter, to be conftantly employed on the coaft as occafion, and to take and make prizes, and bring to the Commander in the Fort, any fhall bee found on the coaft contrary to the above orders, and the Commander to fecure or fend the fame to Yorke as occafion, and to take like care thatt the orders and regulations be pundually obferved neare and under command of the Fort, or tranfgreffors duly punifh't. The Commander if conveniency, and defired, to receive and fecure in the Fort the traders beft Goods or Effets, to which they may refort att fitting times, and have them when occafion. Any Trader or other trufting an Indyan or Indyans except for dry proviffions, or adulterating Rumme or ftrong drinke by mixing water or otherwife, to forfet the fame to the party trufted or buying, and be lyable to further cenfure as the Case 23 may require and the forfieture of the remaining part of fuch ftrong Liquor to bee to the Commander, fatisfying or paying the informer. The Indyans if plancks att hand or when had, to have an Indyan houfe made over the water, where they may refort and bee. New-Yorke, September the 22th I677. The above by unanimous advice of my Councell to bee puntually obferved. E. ANDROSS. [New-York Colonial MSS. xxvii.] At a Councell held in New-Yorke the 20th day of Apr Anno Domini 1678. Upon the addreffe & Requeft of Mr William Bowditch of Salem in New England Merch.t fetting forth his having purchafed two Ketches from their Owners, the which were brought into Pemaquid by the Indyans upon the Agreement of Peace made the latter end of the Sumer, & hee defiring an order for their delivering unto him tendring fecurity to pay falvage or other Charges they may be lyable unto. 24 The fame being taken into Confiderac6n, together with the great damage the faid Ketches are like to fuftaine by lyeing longer in the condic6n they are, Ordered That they bee delivered unto the faid Mr Bowditch or whom he fhall appoint to receive them together with their Appurtenances hee giving fecurity here, to pay or make good what falvage, or other charges the faid Ketch fhall bee Lyable to & adjufted to pay by the Go: at his Returne. The which Capt Caefar Knapfon the Comander at Fort Charles is hereby defired forthwith to give order & caufe to bee done By order of the Councell. Letter from Lieut Gov.Brockholls to Capt Knapton [New-York Colonial MSS. xxvii.] N. Yorke. June 7. 1678 CAPT KNAPTON. Sr Yors of the 23d of the laft month came to my hands the begining of this weeke at the arrivall of Hermanus Sloope 25 who brought Corp1l Caren Tho: Mathews and C Roades with him: I am forry for the misfortune of the former The D'S extraordinary care of him deferves a Requital Matthews I foon coiitted to the hole in the Fort, (who had recd his merritt if you had imediately run him through upon the affront given you) & Roades hath taken Poffeffion of the State houfe whofe Infolence & Impudence is beyond compare hee ftanding ftill in his Juftificac6n, though hee hath very little to fhew for him felfe to beare him out, If hee were at Bofton probably they would truffe him up, but I thinke it will bee beft to keepe both the one & the other in durance untill the Go: returne (which wee daily expe&t,) when they may bee made Examples: I hope hee will approve of what wee haue done in ordering the delivery of the Ketches to Mr Bowditch upon fecurity, however wee think wee haue done for the beft, & that without any finifter end. The newes hee brought you of lettrs from the Go: & a Packet in Mr Taylers hands for New Yorke was very true, & it arrived here from thence in little time, 4 26 by Tho - Lewis floope who was then there & ready to come away: The Go: Letters were dated ffeb. ot.h The fhip he went in gott, iln 23 dayes, to the foundings off the lands end where the wind proving contrary, they put in to Ireland from thence went to Milford Haven in Wales fo over land to London where they arrived the 5th of January, There were great Rumo.s & preparacdns for a warre with France, The K propofing to ye Parliam.t to have a fupply for the maintenance of ninty Capitall Shipps, & thirty or forty thoufand foldyerso The Go was knighted & difpatch't away for Guernfey, there to make but little ftay to returne in order to his comiing back hither but when hee writte hee had effe&ed nothing of the bufineffe hee went about. in Eng' fo knew not what delayes hee may haue mett with fince. There was little more of Newes he writte about. Wee have not yet any certaine newes of the warre being broken out, though more than propable it is, yet Letters from Engl of Marr 26. fay no warre then. As for a fupply of men you mention in lieu of 27 thofe that are dead & that you now fend, Truly wee are not in a condic6n to doe it but expe&t the Go: will bring recruites both for you & us too, as wee fhall bee ill provided ags.t an Enemy wee have fitted up the Fort pretty well, with new plattformes & carriages, wch were much out of repaire. The Mayor & Aldermen are employing their Companyes of the train band about their Fortifications: The Agreement of Peace made by the Gents of Pifcataway& the Indyan Sachems, between them & the weft fide of Kinnebeck River I think is a good piece of worke, for that it will remove the apprehenfions you had of them before: The Articles you fent, as alfo the examinac6ns and other papers about Roades & Alden, I fhall referve for ye Go: It feemes the Pinnace had better keep there; the fd floope that was out a Cruifing & Lieut Sharpe did well in bringing the Ketch & Roades into Pemaquid, their trading there being expreffe ag.t the Go: orders: The matter is well knowne here having loft a good Ketch formerly to the Dutch & had this given him in Exchange 28 (as I am informed) when hee comes, wee fhall heare what hee will fay in his Juftificac6n, but I admire hee fhould run fuch a hazard & fuffer himfelfe to bee deceived by fuch an Impoftor as Roads: hee himfelfe being likewife a Memb where Roads was condemned to bee hanged for Piracy, fo that I thinke hee will have but little thankes from the brethren, to joyne intereft with fuch a cheate. It was kindly done of Madackowando to give you the notice of their...... a trading: As for Mr Sturts Informac6n hee did neither wifely nor civilly in it, however the matter being paft & hee expreffing his being troubled for it, I fhall paffe it by without faying more of it, but hee may bee advifed for the future not fo bufily to intermedle in other peoples bufinefs. Thus having as neare as may bee anfwered the particulars of yor letter, I remaine Sr Yor humble Servant N. Y. June 7.th I678. 29 Order for the furrender of a Ketch. [New-York Colonial MSS. xxvii.] At a Councell &c June: 12. 1678 Prest. The Councell Mr May... & Delavall. The occafion of meeting was the Arrivall of Mr John Alden of Bofton, whofe cafe & Examinacon had beene returned here before the Comander from Pemaquid, His Ketch' having beene feized upon in St Georges River to the Eaftward, by order of the fd Comiander for trading in thofe parts with the Indyans or others, contrary to the order of this Governmt; & fhee lyeing thereupon under arreft together with her cargoe at Pemaquid, Whereunto the fd Mr Alden pleading Ignorance of the fd order, & beleiving not to have infringed the fame fuppofing thofe parts where hee had traded & then was in, were without the bounds of his R: Hs. patent, & within the conqueft made by 1 From a rough draft of thefe minutes, with that from which this was copied, it appears that this veifel was named the Guift, of Bofton. 30 the duke upon the French in thofe parts, in the yeare 1674. As hee was informed by John Roades, who hee had hired to bee with him as being knowne in thofe parts & acquainted with the trade and was one of thofe that accompanyed the Duke privateer in that Expedic6n, The fd Mr Alden likewife reprefenting the great loffe hee had formerly fufteyned in the late Dutch warre together wth his great charge at home & innocence farre from prefumption in yt he had aded, Therefore defiring the favor of the Councell that hee might haue his Ketch & Cargoe reftored unto him: Upon Confideracon had of the Cafe & the good charader of the prty it is ordered, That the fd Ketch & Cargoe now under arreft at Pemaquid as aforefd bee delivered back to the fd John Alden or his order (the which C. Caefar Knapton Comander of ifort Charles in Pemaquid is defired to fee done upon receit hereof) Hee the fd John Alden having given fecurity of 2401b for the paymt of 2zob here if at the Go: returne fhee fhall be Condemned a Prize for breach of the Order afoer men 3I c6ned: the fd fume of I201b being by Merchts adjudged to bee the value of the fd Ketch & Cargoe. By Order of the Councell Letter from Lt Gov Brockhols to C Knapton July Ist I678. [New-York Colonial MSS. xxvii.] Having recd a letter from Capt. Salifbury of the 2+th paft, concerning fome preparac6ns & intended defignes of the Maques ag? their Ennemyes, I was willing to advertize you of it, by this opportunity of Gabriell Thompfons goeing to Bofton, (who hath promift to take care of the conveyance of this to you.) I the rather give you this intelligence being informed that the Vnnagoungos are the Indyans neare yor parts, which if fo, probably yor giving them notice to bee upon their Guards, will lay fome obligac6n of friendfhip upon them, the which you may advize with Mr Jocelyn about and accordidgly ad therein: 32 Wee are all well here, but no farther newes from the Go: yet, nor of any certa'ty of Peace or Warre. Having nothing more to comiunicate I take leaue & remaine, Sr Yor friend & Servt. A Copie of that pt of Co Salifburyes lettr relating thereunto I have fent here inclofed.... the rather &c. My Service to Mr Jocelyn.... Nicolls deflres his may bee July i1t X 678:... refented to ye both. Council Orders relating to Pemacuid. [Council Minutes vol iii. Part II. Page I80.] At a Councell held in New Yorke Auguft the 23d i678. The Affaires of Pemaquid being taken into confiderac6n - Refolved That the former orders fent there relating either to Chriftian or Indyan doe continue in force untill the Spring, as farre weftward as Blacke Point when his Honr the Governour to goe there and take order about the Set — tlemt of Planters or Inhabitt. trade and all 33 other matters of which notice is to bee given or in the meane time, any others may apply as occafion at New Yorke. That no Indyan Trade bee admitted at Pemaquid but from and to this place to prevent Inconvenience. That the Garrifon Officers and Souldye? doe continue in ye ffort there untill the Spring Except Sicke or unfitt perfons defiring it, fhall have Leave to Come away. A Speciall Commifion to the Court of SeJfions at Pemaquid for the Tryall of Ifreal aymond and John Rafhly About the Drowneing of Sam" Collins. [Orders Warrants &c xxxii-.] Sr Edmund Andros. Knt. &c. To Enfigne Thomas Sharpe Commander att Pemaquid John Joflyne Efqr Juftice of the peace in Quorum, Mr John Dollin Mr Lawrance Dennis and M. John Jourdaine Juftices of the Peace Greeting Whereas upon Informacon that Ifrael Dymont and John Rafhly Stand 5 Committed about the Drowneing of Samuel Collins from on board the Ketch Cumberland Whereof the (aid Dymont was Mafter in yo' parts, To the end that they may be braught to their faire and Legall Tryall and Juftice Duly Adminiftered, I doe hereby Appoint Authorize and Impower you at yor next or vfuall Court of Seffions to be holden att Pemaquid aforefaid to Call before you the Perfons of the faid Ifrael Dymont and John Rafhly and them upon Such Indimtnt prfenmt, or Complaint, that fhall be Exhibited on faid matter to heare try and Examine, and fuch Judgmt, or Sentance to pronounce and Declare thereupon as the Law in Such Cafes Dire&s, and to caufe the fame to be Duly Executed accordingly And for foe Doeing this fhall be yor fufficient warrtt and Difcharge. Given under my hand and Sealed wth the Seale of the Prouince &c Dated the 6:h of January: i680. 35 Council Orderf relating to Pemaquid. [New-York Colonial MSS. xxix.] At a Councell &c. June 24t.h, 68o. Ordered, That fome perfons bee appointed to goe from hence to Pemaquid, for holding Cot. That in their way they call in at ffifhers Ifland, the Governm' whereof is to bee afferted, & that a Conftable bee appointed there. They are likewife to put in at Martins Vineyard & Nantucket, that fitt Magiftrates may be eleded & confirmed there & that they be required to fend one of their former number hither, to anfwer their neglea in not making due returnes of their Eledions the laft Yeare. Blanck Civill Comiffions for Martins Vineyard & Nantuckett. Military Comiiffions for Pemaquid. June 26. Saggadock magiftrates or officrs to continue, the Cort to try onely for 40o inftead of 51b formerly granted them. ffifhermen to come to Pemaquid yearly to renew their Engagents, & not to fplitt or fling out their Gurry, or to trade with 36 the Indyans to the prejudice of the fiihery & hazard of thofe parts Capt Knapton & Mr Weft to haue comiffion to joine with the Cort there. Land to bee given out indifferently to thofe that fhall come & fettle, but no trade to bee at any other place than Pemaquid & none at all with the Indyans as formerly ordered. The Juftice alone or any two of the Commiffionrs or Affiftants to haue permiffion (out of Cort) to judge of any cafe or trefpaffe under the fume of 40s. At a Councell &c June 25, i68o. Prefent the Gov & Councell. Pemaquid. C. Knapton, to goe to Pemaquid The Gors fpeech to the Indyans when there. Mr Jocelyn a coiiiffion to bee Juftice'From a rough draft full of erafures and interlineations. 37 Mr Potter Laurence Durrie, & Richard Redding to be Comiiffionr & Affiftt in the Cort of feffions, to try to 2 ob...... Cort. A Coiiffion for the Juftices &c. Appeal to the Affize Sagadock Magiftrates are... to continue the Cort to try only for 40o in ftead of 51b formerly granted them. Land to be given out indifferently to thofe that fhall fettle but no trade but at Pemaquid & none at all with the Indyans as formerly ordered. All ffifhermen to come to Pemaquid yearly to renew their engagemt. and not to fplitt or fling out their Gurry on ye fifhing ground or to trade with the Indyans to the prejudice of the fifhery & hazard thofe pts. C. Knapton & Mr Weft to haue coiiif6ns to joyne with the Cort there. The Juftice alone or any 2, coiiffionrs to have power to judge of any cafe under 40s *^~ ~^-~ -^ ^ 38 A Commiffion to Cap. Caefar Knapton and Mll John Weft to bee uftices att Pemaquid. [General Entries xxxii. 92.] Sr Edmund Andros Knt. &c By vertue of his Matii Letters pattents and the Commiffion and Authority unto mee given under his Royall Highneffe I doe hereby in his Mat.s name Conftitute & Appoint you Capt Czfar Knapton and Mr John Weft to bee Juftices of the peace at Pemaquid and dependences Giving you full power & Authority to ad as Juftices of the peace according to Law, and former pradice; And all perfons whom it may concerne are StridtlyCharged and Required to give you due Refped and obedience accordingly Given under my hand and feale of ye Province this 26th day of June in the 32th yeare of his Maties Raigne Annoq Dominj I680 A Commiff on for Henry Joceline Efq" to bee a Juftice of the Peace in Quorum L5c to bee Juftices at Pemaquid. Sr Edmund Andros Knt. &c By vertue of his Matis Letters Pattents and the Corn 39 miffion and Authority unto mee given under his Royall Highneffe I doe hereby in his Matics name Conftitute and Appoint you Henry Joceline, Efq' to bee Juftice of the Peace in Corum and you Mr John Dollen Mr' Laurence Dennis Mr Richard Redding & Comander of Pen to bee Juftices of the peace together with the Coimander of Pemaquid for the time being to bee a Court of Seffions to bee held in Pemaquid for the Jurisdicc6n thereof Giving you or any of you (whereof the Juftice of the peace in Corum or Comander to bee one) full power and Authority to keepe a Court and to ad according to Law and former pradife, And all perfons whom it may concerne are ftridly Charged and Required to give you due refpet and obedience accordingly This Commiffion to bee of force for the fpace of one whole yeare from the date hereof and till renewed Given under my hand and Seale of the Province in New Yorke this 26th day of June in the 32th yeare of his Maties Raigne Anno q Dominj 168o. 4.0 Council Orderf relating to Pemaquid. [New-York Colonial MSS. xxix.] N. Y. At a Councell &c Sept 14, i68o. Prest The Go: & Councell —&c C Knapton M' Weft. Pemaquid affaires by C Knapton & Mr Weft Izrael Dymont & John Rafhly; questioned at ye.,,. orders there held 4th Aug. laft —for drowning Sam Collins & being aboue their Cognifance &c referred to Next Cort in Per & ordered to have a Coiiffion fent there to this purpofe. Walter Moore &c...o Henry Palmer —Dept-for Debt An order of Cort ferved The Cort to bee the laft Wednefday in June & firft in No'. The next Cort in June. Severall ordrs paft read, figned by M' Weft Clarke. & Lre to Juftice Jordan &c To write to Pemaquid that what is done is approved of & about the Maques that they are forbid, & that they fhould do the like by their Indyans, not to goe out one agf ye other to warre 4-1I A Letter to Enigne Sharpe att Pemaquid [Orders Warrants &c xxxii-.] Septemb' ye 15th i68o. Enfigne Sharpe Yours by Capt. Knapton received I have fent you by this bearer thirty pounds in mony which I would haue you with the advice of Capt Redding Lay out on a good Sailing Shallop. That may be for the forte or Publikue Vfe theire but Suppofe you may light on one Cheaper. I heare things at preffent are well and in good Ordr and hope you will fo Continue Take Care to keepe the plattforme in the fort in good repaire wch I judge you may doe by Wattering or throwing ftuffe or Earth thereupon Prfuming that noe ordinary weight Cann Prjudice it I haue alfoe fent you fupplyes for as pr incloffed Invoice, And am Yor Affedionate friend E. A. 6 42 A Letter to Mr Juftice Jordaine att IRkicond I/land nere Cafkobay. [Orders Warrants &c xxxiil.] New Yorke the I5th of Septembr I680 Mr Juftice Jourdaine, Capt Knapton and Mr Weft being arrived have Given me an account of their adings Eaftward and yor particuler well faire which I fhall alwayes Endeavour, and to that end doubt not of your redyneffe to performe and execute the truft in you repofed as Settled not apprehending any alterac6n or inovac6n of Governmt. butt may aiTure yorfelfe that each perfon in Authority difcharging their duty fhall have all Juft proteeion and Encouragmt, and be Endemnified accordingly I have taken care to prevent Mahakes incuffons by forwarning faid Mahakes warring with our Indyans and now fend like ordrs for Or faid Indyans wch I doubt not will be obferved however aught not to bee Careleffe I fhall not bee wanting in my duty in Every refpea and as occafion lett you heare from me of which you are not to 43 faile on your parts and wth Commendations to others authorized in your parts wth you Remaine: Your Affedionate friend E. A. Order for retfraining Indian hoJtilities. [Orderr Warrants &c xxxii'.] The Governors ordr to be Declared to the Indyans att Pemaquid fent to the Commander and Magiftrates there The Governo.r hath fent to forbid the Mahakes and doth lett you know you muft not warr upon each other being within and of the Governmt. But whereas many partyes may be out you will doe well Carefully to looke out and avoyd all furprifes tillyou be Affertained all are returned home and things Quiett and Well. The Cheifeft Sachems to be Lent for and the aboue ordr Signified to them after wch to give then Something more then they could Deferve for Comeing fuch a Journey. Septb: ye 15th I680. E A. 44 A Letter to Enfigne Sharpe. [Orders Warrants &c xxxiil.] New Yorke ye 15th. Septembr i680. Enfigne Sharpe. I have by Mr Wells and one writt by Mr Weft anfwered yours of the 7th Inftant except what relates to M' Joflyne whom I would have you ufe with all fitting refped Confidering what he hath been and his age, And if he Defire and fhall build a houfe for himfelfe to lett him Choofe any lott and pay him ten pound towards it or if he fhall Defire to hyre foe to live by him felfe then to Engage and pay the rent either of which fhall be allowed you in yor account as alfoe fufficient provifion for himfelfe and wife as he fhall Defire out of the Stores letting me know pr this returne how hee defires it or what, that I may Settle it. Commendations to Mrs Sharpe I remaine, Yol: Affedtionate friend E. A. 45 A CommiJfion for Capt ffrancif Skinner to be Commandr att Pemaquid and Parts EaJtward.. [Orders Warrants &c. xxxiii.] By the Comander in Chiefe I doe hereby Conftitute and appoint you Capt ffrancis Skinner to be Commandr att Pemaquid and Parts Eaftward under the Governmt. of his Royl! Highneffe you are therefore to take Care that the Militia in the feverall Places be well armed Duly Exercifed and Kept in good ord. and Difcipline and the officers and fouldrs thereof are Required to obey you as their Commandr, and yorfelfe to obferve fuch ordrs and Direcc6ns as you fhall from time to time Receive from me or other yor fuperiour Officers according to the Rules and Difcipline of Warr and the truft Repofed you Given undr my hand and Seale in New Yorke this 30th of Auguft I68i. A. B. Inftrulionf for Cap, F rancis Skinner Commander art Pemaquid. [Orders Warrants &c. xxxii,.] Att yo' Arrivall att Pemaquid you are to Demand of the Prefent Command.r and take poffeffion of the Garrifon or fforte there and to take into yo. Charge Care and Management the Souldrs thereunto Belonging and for them to Provide and furnifh all Due Provifions and necesaryes as formerly. You are Likewife to take an Exadt account of all Stores and Ammunition as you fhall find there and send me an account thereof and what Condic6n you finde the place in and of yor voyage thither. You are to be verry Carefull to Prevent any Diforders or Trouble amongst Indians and others and to fee that they be Civilly vfed as formerly and that the ordrs about Regulateing the trade and ffifhery be obferved. You are to keep Due account of all Difburfmts for the fforte or Souldiers or othear publique Charge, and fend the fame to me with an account of yor Proceedings 4-7 and adings from time to time by all Convenient Oppertunity Given undr my hand in New Yorke the 30th Day of Auguft i68. A B. Letter from Lieut Gov. Brockholls to Enfign Sharpe. [Orders Warrants &c xxxii.] New Yorke AugR: the 30th I681. Enfigne Thom. Sharpe. I have herewith for yor Reliefe fent Capt: Skinner to be Commandr for Pemaquid and Parts Eaftward You are therefore to Deliver up the Garrifon and Souldrs now undr yor Command to him and by the firft Oppertunity Repaire heither which will be neceffary as foone as poffible Mr Wells Being Goeing for England that you fettle yor accounts with him before his Departure. Remaine Yo: Affedionate ffriend A: B: 48 Extrad from a letter of Lieut Cov. Brockhollf, to the Governor, dated New York Sept: 17th, 68io [Orders Warrants &c xxxii~.] What men are Left I Continue att Pemaquid Severall Being Deaed and Apprehenfions of Trouble wth the Indians. Cannot more Leffen the Garrifon there, But haue fent to Releiue Sharpe that he may make up his accounts with Mr Wells Before his Departure for England which is Intended with my Lady in the Beaver who Judge will be Ready to Saile about a month this time. Articles of Affociation for the Settlement of a town upon Sheepfcot River. [New-York Colonial MSS. xxxiv.] Att a Meeting att Mr Robert Gibbers Houfe att ffort hill in Bofton Held this nintenth Day of Augf in ye thirty fourth yeare of ye Reigne of our Souerigne Lord Charles ye Second by ye grace of God of 49 England Scotland ffrance and Ireland King, Defender of ye ffaith: & Annoq Chrifty: 1682 WittnelTeth; Thatwhereas there was a neck of Land Suruaide & a towne Laid out vpon ye Said necke Generally knowne & called by ye name of Mafons & Jewtts neck Lieing & beeing in Shipscutte Riuer,& a townefhip bounded to ye faid towne; ye ffourth Day of July Extent by Sqe Joflinge Juftis In Corrum with feurall other of ye fformer Inhabitance of faid Riuer in Company with ye faid Juftis as Afforefaid; therefore it was thought nefficary & Conuaeniant ffor ye proppigatting & Bennifitt of Said towne & townefhipe & ffor ye privilidges theirof to call this Meeting where was Mett feuerall of ye fformer proprietor: & Inhabitance with their Affociats whofe names are vnderneath Subfcribed who Did Joyntly Bind themfelues to ftand to seuerall Articles of Agreement ffor ye fettelling and Sittuating of faid towne & townefhipe for ye good & Bennififhall Aduancement theirof; theirfor to that purpofe this Couenant & Agreement is Drawne; & is Affearmed with ye hand 7 50 & feale of Euery perfon heare prefent ye Artickles ffolloweth, Viz. Imprs. Firft. Itts: thought nefficery that Euery fForemer Inhabitante properiator & owner of any Lands Medow grounde & falt or ffrefh with all their gformer priuilidges wrights or tittalles in any wife whatsoeuer of their former Rights Into ye fforefaid townefhipe ffor ye ffter good & bennifitt theirof muft & fhall bee throwne Into faid townefhipe ye ffruitt trees barnes houfing & ffencing ftuff only to bee Excepted but all other priuilidges of any perfon or perfons whatsoeuer muft & fhall belonge to faid townefhip as aboue is fpefified. Secondly. Itts ffurther Agreed that Euery perfon & perfones whatsoeuer that Intend, to Settell build plant & Mannuer in ye faid towne thus Laid out & Suruayed ffor that Intent muft & fhall Repaire to ye faid neck of Land or towne affore menfhoned: to make preperration ffor their fettelling & building of faid towne twelue mounths Affter the twenty ninth Day of September Infuing ye Date of thefe p'efents in ye yeare 1r683; ye 29: Day of 51 September beeing ye ffirtheft tim Appoynted According to Agreement vpon ye fforfituer & penelty of Loufing all their wrights & tittells to or of any part or parfell of faid towne or townefhipe Except fuch properiaters Children that are att prentis or not att agge: then to Mannuer & poffefs their Lotts: when Layd out p' Men which muft & fhall bee Chofen pr ye: Towne ffor that Intent & purpofe. Thirdly. Itts ffurther Agreed that their fhall bee a fpeiliall & fpeedy order taken that their may bee a Conueniante place as a tradt of Land Laid out for A Miniftree with a Conueniant place to fett a meeting houfe to ye beft aduantage for ye towne & allfo that wee may haue a minifter of our owne ffree choyce & fuch a man as ye Mager parte of ye towne fhall Like & Approue of ffor that End. ffourthly, Itts ffurther Concluded that as fone as any Men that haue fubfcribed their hands & feales to thefe prefents fhall or may come to Make way ffor bulding or fettelling they may & fhall haue ffree Leaue & Lycence to Lay out & bound 52 their home Deuifhones that Lyes near ye towne without Any hendrance or Difturbance of or by any perfon or perfons whatfoever; moreouer it is Agreed that noe perfon nor perfons whatfoeuer fhall buld any vefells fmall or great Cutt or Cary away any timber fpeares ffencing ftuffe hay thache or any other Marchendyes out of faid towne or townfhipe without ye Leaue Licence & Approbacc6n of faid towne Inhabitance then & their fettelledo ffifthly. Itts Likewife Agreed that all fuch perfones that fhall or may firft fettell & are their Reddy to Improue their lotts as ffencing & working ffor ye Improuements of Said home Lotts Shall & may haue free Liberty & Licence to Lay out & bound their out Deuifhons for their beter Aduantage & fforwarding of their Improuements without any hendrance or Difturbance of any perfon or perfones whatfoever & Euery mans Lotts fhall be Equally Deuided euery manes equall proportion of Vplands & meadow both frefh & falt with all other.... toune fhall fee it....... ffor ye faid towne......... 53 Sixtly. Itts ffurther Agreed that euery man both houfe keepers & fingell perfones att ye Agge of fixtene yeares; muft & fhall prouide three pounds of good powder with twelve pounds of Lead bullet & Swann fhot: ffor a towne Store & allfo to keep a good ffier Loke mufcet or ffowling gonne all to bee Redy for a ftoke to preuent ye heathen or a forrin Inuafhon: & to haue two Sufficient men Chofen for that end to fee euery man fo provided according to order. Seuenthly. Itts Likewife ffirther Agreed: that noe perfon nor perfones muft not neither fhall they nor any of them buld any dwelling houfe or Caufe it to bee bult in Any part of ye townefhipe but only vpon that neck of Land Layed out & furuayed for that End & purpofe vntill fuch time as ye towne fhall fee it meete & fitt & that it may bee fbor ye Aduancment & benefitt of ye Affore menfhoned towne & tounefhip According to Agreement. Eightly. Itts Likewife ffurther Concluded that Euery Inhabitant of faid 54 Towne & townefhip muft & fhall haue free Liberty & Licence without any Difturbance or Moleftation of any perfon or perfones whatfoever to tranfport any timber planke fpeares pip ftaues or any other prouifhon or Marchandize whatfoeuer with any vefell or vefells great or fmall to any porte or ports that are ffree as Bofton or Els where without paying any Dutyes or Cuftomes in Efpefhall maner ye grauth of our owne Country; where wee Inhabit. Ninthly. Itts moreover Agreed vpon ffurther Confiderations that Euery Anfhant & fformer properriator that haue any Children Allredy borne; that it is ffreely graunted that any of thofe Children fhall haue as free Liberty Leaue & Licence to Come Into faid towne or townefhip of Shipscutt Riuer & haue Lotts Layd out for them by the feleCt men Chofen for that purposs of all Lands medow ground & all other priuilidges whatfoever without paying any Sumpfhan of mony or moneyes worth or any other grattuity whatfoeuer but fhall bee as free Denisenes as any of 55 thefe allredy fettelled; allfo that euery former owner Mannuerer or propriator may & fhall haue ffree Libertye Leaue & Licence to Remoue take offe or fell all or any of their ffruit trees garden ftuff houfing barn timber or other hewed timbr planke bords ffencing ftuffe & Like except it bee ye timber now growing in or vpon ye towne or townefhipe ye towne or townsmen Agreeing to this, that then ye faid Walter Phillips Jenier fhall & will agree to & with ye faid towne & townsmen vpon all ffuter Affeares & ftand to what they may now or hereafter Act. in ye fforefittuer & penallty of Loufing all his former propriateyes within ye Limites of faid townefhipe as he fhall Atteftie by fubfcribing his hand to this Laft Artickle to that end & purpofs. Tenthly & Laftly. Itts moreouer Agreed that all thofe men that haue Subfcribed their hands & feales to all thefe aboue Menfhoned Artickles Made ye 19 Day of Auguft I682 as aboue may & fhall haue their ffree Liberty & Licence Ether them ore fom of them or ye Mager part of them 56 att publick Meeting Appoynted for that purpofe to make Choyce of take in or Incuridge any Refponfabell Credable or Benyfifhall man or men of Craftfmen Merchants or ye Like without any Deniall hendrance or Moleftafhon: & fFor ye Manifeftation & Confirmation of all & Euery of ye Aboue fpecified Artickles wee haue all Joyntly & feuerally hearvnto Subfcribed our Hands & Seales ye Day & yeare ffirft Aboue Righten Regny Regis Carilus Secundus As Atteft. Vpon a ffurther Confideration beefore Signed & Sealed it is Intended that Euery perfon & perfons yt now doe or at any time or times heareaffter fhall Manneur & Settell ye Aboue faid towne & townefhipe muft & fhall Enioy all & euery parte & perfill of faid towne & townefhipe to fay ye wholl Premiffes & bounds thereof to bee free Lands to bee Enioyed by vs & to vs to our heires ffor Euer without any hendrance difturbance or Moleftation in any wife whatfoeuer by any perfon or perfons Except it fhould bee Inuaded by a forrin nafhun & Deferted 57 by all ye Inhabitance as aboue fhall bee & now is Confirmed as pr our hands & Seales. Wt JOHN ALLYEN. WILL, WILLCUTT THOMAS GENT. JOHN BROWNE CHRISTOPHER DYER. his B. mark THOMAS MENER JOHN DIER ROBERT SCOTT his -I- marke his R marke CALEB RAY WILLIAM LOWERING ELIZABETH PHYPS JOHN WHIT hir marke his -I-marke. DAUID RANSFORD DANIEL GENTT his. marke his (-( marke Allowed by me; 30th August I682. HENRY TOWLYN Jus in... Thefe within Articles Recorded in the Book of Records at Pemaquid and Examined by me WM SHORT Ci: Sefs. We whos Names are vnder written Doe Teftify vpon oath yt we faw Henry Towlyn Efqr Juftis in quo Sign this within. mentioned Artickles with his own hand as wittnes our hands WILLIAM LOUERIDGE THOMAS GENT, BATH ANDERSON CHRISTO DYE Conitable 8 58 Thefe three men are now Sworn at New Dartmouth this 16th Day of September i684 Before me GILES GODDARD Juft in quo A Letter From Capt Brockholls to uJftice JoJline att Pemaquid, New Yorke Auguft 24th i 682 [Orderr Warrants &c xxxii-.] Sir In Anfwer to yors of the 17th: July I am Glad to heare of the Settlement of yor Partes which muft be Encouraged and is Left to your Mannagment with the advife of the Commander and thofe in Place According to the Regulacons and Orders given by the Governo', which ftill Remaine in Force and muft be Attended and Obferved accordingly The number of Perfons you mencon will add much to the ftrength and trade of the Country which Shall Endeavour to Supporte the Proper plans for Settlemt. You are beft Acquainted with Therefore Left to you 59 as Aforefaid to Order the Laying out what wrott by Caftine is of noe Importe you Knowing the Extent of his Roy1 Highs Limitts which muft be Maintained according to his Pattent Have nothing of news butt Dayly Expeded from England all well here my Refpeds to yo1 felfe and Wife is the only needfull att prfent from Sir Yor Affedionate ffriend A. B. Commifion for Settling the Duke of York's Title. [New-York Colonial MSS. xxxiv.] Coll Tho. Dongan Lievt Govr and Vice Admirall under his Royall Highs" of New Yorke & Dependencyes in America. By virtue of the authority Derived unto me I do hereby Conftitute and appoint you, Enfigne Thomas Sharp John Allen Efq. Juftices of the peace Mr Richard Pattishall Mr Alexr Waldrop Mr Thomas 6o Gyles or any three of you to be Commisfioners for the fettling his Royall Highnes territoryes between the River Kenebeck and St Croix Giving you full power and authority to ad as commiffioners and to confult make rules and orders for the good and wellfare of the faid places and Government and to call to question and punifh all.offenders according to law and pradtife and all perfons whom it may concerne are ftridly charged & required to give you due refped & obedience accordingly. Affidavits Concerning Indian Hoftilities. [New-York Colonial MSS. xxxi.] Jan 28. 1683. James Dennes aged 26 yeares or thare about and now liuing in Kenebeck Riuer, and Being a fubjed true to our Souraigne lord the King and hearing the Ingans threatning the Einglifh This deponant faith that he hard the Ingans fay one that is counted a Captaine amonge them he faid, that his hart would neuer Be well tell he had killd fome of the Einglifh againe and threatening that he would Burne the Englifh houfes and make the Englifh Slaues to them as they ware Before. Seuerall times Before this Ingen which was called By the Englifh Captaine Antoneie then a nother Capt faid to this faid Anthonie that he fhould hould his peace and not tell what he had amind to doe and furder faid that he heard a Ingen woman fay of her one acourd that fhe would not Be heare when the wars was if fhe could help it for the Ingans was fo bad thay would make wars and fhe could not abid to fee her Englifh naighbours kild and befide fhe was afraid the Englifh would kill her and furder faith not only the Ingans are going to Canada and fay they will be Back againe in apreill infuing the Date here of Giuen on oath before me LAURENCE DENNY Juftes of Peafe 62 Date ffebury 22. 1683. John Hornibroke aged 30 yeres or thare about. This deponant faith that it is a genurall faing among the Ingens that they will haue wars againe and furder faith that thare was four Ingans lay at his houfe and one of the Ingans faid that he would Stab a Englifh man with his knive and Run away when he had dun and furder faith that a Ingan faid that the hachet hung ouer our heads and he did not know how fonne it might fall and Before that was he would giue John Hornibroke notice that he might go away and he was a weary of keeping the Ingans for falling out with the Englifh and he would keep them no longer and furder faith that the Ingans did threaten to burne Englifh houfes and make them Slaues as they ware Before and furder faith As farr as I vnderftand by John Hornibroke that the aboue faid writing is Reported by the Indians for truth JOHN ROWDON 63 That the Ingans did Report that they would go to Canada and fetch ftrength to fall on the Englifh and fome of the Chefe of them is gon to Canada all Ready to fetch guns and amanition and they faid that they would make the greateft armie that euer yet among them. LAURENCE DENNY luftes of the peace The Depofhifhon of John Voanny & Will Bacon ye one Agged 55 yeares & ye other 35 Dito Teftifieth & Saith, That ye faid partyes fetting fforth one purpofe in ye beehalfe of ye Reft of ther neghbors & with their vrgent Requeft & Defier to fearch out ye truth of ye Ingen newes yt was going Amongft vs. Wee did take our Viage ffrom Kenybecke to Cafco bay wheare wee did Repeare to Mr James Andrews houfe to learn how Affears went their & ye faid Andrews did willingly Informe vs that ane Indion which did Comenly Repear to his houfe & Mr Walter Cendalles ffor Releefe did fay if ye faid Andrews & Cendall would not difclofe his name that then hee would difclofe what hee knew Conferning ye Indons Againft ye Englifh & Affter thay had promifed hee told them that ye Indones was Minded to Rife in Rebellyon againe & Cutt off ye Englifh but how fone hee could not yett tell but when thay did & hee fee their Refalution hee would fend them or bring them a burch Rine as though hee had brought them a Leter & ffurther faith not ye fame deponent further faith yt... did Informe them that thay had ffallen one a ffortnight agone had thay not disagreed in their Judgment which did all that time preuent their Abfolute Intenfhons & further faith not Tacken before me this 28 day of ffebruary 1683 pr JNO ALLYEN Jus of Peace The Depofhifhon of John Molton Aged 5o yeares or their abouts testyfieth & Saith, That hee being Cutting of wood in his ffeld yt goodwife Cutery called to him & faid that fhould luke to himfelfe for their was an Indeon would do him a mifchiefe & ye faid Molton Luked about & faw an Indeon Coming threw faid Cuteryes ffeild ouer to faid Molton without fpeaking one word but came to faid Molton with his knife in his hand and profered to ftab fd John Molton wth ye fame twice, & then faid Molton defended himfelfe with his Axe & threatining ye faid Indon to Cut out his braynes with ye Same & when ye faid Indeion fee that, hee Deperted ffrom ye faid John Molton & went towards Mr Samuell Boles his houfe & ffurther faith not. Taken upon oath before mee ffebuary ye 28 Day i68pr JNO ALLYENE JUS of Peafe 9 66 A Letter from Capt Brockbolls to Ml' Ffrancif Skinner att Pemaquid [General Entries xxxiii. 55.] New Yorke May Ioth: I683. M' Ffrancis Skinner Sr Am Sorry the Loofneffe and Careleffeneffe of your Command gives Oppertunity for Strangers to take notice of your Extravigancyes and Debaucheryes and that Complaints muft come to me thereof being what your Office and Place ought to prevent and punifh, to which perceive have Little Regard nor to the former Orders and Regulac6ns for Settlement being alfoe Informed that you have Suffered People to fettle alone in Remote Places Contrary thereto Expofeing themfelves to the fury of the Heathen which may Proue of ill Confequence as hath been allready Experience to all in thofe Partes, Expea a better obfervance and Comporte for the future, and that Sweareing Drinking and Prophaneffe to much pradiced & Suffered with you will be wholly SuppreTfed and that you haue Due 67 Regard to all former Orders and Regulac6ns for Settlement &c by Mr Pattifhall Shortly Intended your way I fhall Send Commiffion for another in the Place of Mr Joyflyne Deceafed who feere is much wanted, I am, Your affedionate ffriend A. B: A Letter from Capt Brockholls to juftice Lawrence Dennis L~c [General Entries xxxiii. 56.] New Yorke May o1h 1683 Mr Lawrence Dennis. Sir. Yours of the ninth of Aprill Received by which am troubled to heare Such Loofeneffe and Extravigancy att Pemmaquid and Remiffeneffe in the Officer or Commander there not to obferve the former Orders and Regulac6ns for Settlements being noe wayes altered but Continued & Confirmed All Care poffible hath been and is taken of that parte of the Governmt by Giving Good and neces 68 fary Orders which You the magiftrates and Officers muft fee Executed and Obferved accordingly and Suffer none to Vylate haveing perticuler Regard to the punifhment & Suppreffing thofe Debaucheryes you menc6n, about wCh Shall Allwayes write to Pemmaquid and that none fettle in Remote partes alone but in Townfhlips according to former Orders and Regulac6ns fhall Likewife Commiffionate another in the Place of Mr Joflyne Decefed and hope all pafte Errors will bee Retified by your future Good Comporte the news of which will be moft acceptable to, Sr Your Affe&ionate firiend, A: B: 69 A Commifion to Mr John Allen of Shepsgutt to be Juftice of the Peace for Pemmaquid and Dependencyes. [General Entries xxxiii. 57.] Anthony Brockholls Efq1 Commander in Cheife and the Councell of the Province of New Yorke &c. To Mr John Allen of Sheepgutt Greeting. By Virtue of the Power and authority Derived unto us under his Roy" Highs wee Doe hereby in his Ma.ti name Conftitute Authorize and Appointe you Mr John Allen to be Juftice of the Peace for Pemmaquid and Dependencyes Giveing you full Power and Authority to at as a Juftice of the Peace according to Law and former Pradtice and all perfons whom it may Concerne are StriEtly Charged & Required to give you Due Refpe&t and Obedience accordingly. This Commisfion to be of fforce for the Space of one whole yeare or till further Order. Given under my hand and Seale in New Yorke the 12th Day of May 1683 in the thirty fifth yeare of his Matie" Reigne &c. A: B: 70 Petition from the Inhabitants of Pamaquid. [New-York Colonial MSS. xxxi.] (Endorfed: — " A Petic6n of the Inhabitants of Pemaquid. Sept 6.th Defered untill the Governr go to Pemaquid; or fend fome body thither, only in the mean time the former orders are to be obferved.") [1683.] To the Right Honorable Coll Thomas Dongan Gouernor Generall of all his Royall High.s Territories in America and Vice Admirall of the Seas &c and Councell. The Humble Petic6n of the poor Inhabitants of the toune of Pemaquyd &c. Humbly Sheweth. That when the moft part of the inhabitants of this place did come from New York at the fubdueing of this Countrie here to Serue his Royall Highs; Therefor and for Seuerall other good reafons (and Secureatie of the People) moueing your honor predeceffor S. Edmund Andros, and Confirmed by Capt Brockholls; did giue grant and Confirme 71 to this Toune of Pemaquid the whole trade of the Indians; direEtly and indirefly forbidding all other Perfons to trade with the Indians within this Collony Except at Pemaquid vnder very great Penalties as the Records here make appear. And Likewayes your honor was pleated in your Articles fent by Capt Sharp to Order us here to build Laft Spring one Blockhous at Merrimeting; which according to Order is there Ready to be raifed; as will appear by fome of your Petic6ners who can informe ffurther; and for fecureing Laft Spring of his Royall Highs Reuenue wee fent up one veffell about tuenty ffour tunns well manned to trade haueing entered and paid Duties which does amount to more then all the Reft of this Country; except Pemaquid towne as your Collectors books will make appeare. But fince your poor petic6ners Vnderftands that Capt Sharp hath Receiued a Leter from your Honor to forbear fetting up of the houfe vntill your Honor further advice otherwayes it could haue bin ffinifhed. Therfore your humble poor petic6ners doth humbly beg and Defire your honor 72 that our former Liberties granted to us Concerning tradeing with the Indians may be confirmed and ftrid Charge giuen that noe other Perfon nor Inhabitant Shall trade Except they doe come and build here which will be a ftrenghening to the garrifon of this place and for promoting his Royall Highs" Intereft to Order that wee fend up a Veffell up Kenebeck riuer vntill your honor fe caus to haue the blocke hous Raifed being willing to pay Cuftome & taxes according to orders which wee hope will be Confiderable this fall in that Place other wayes it will be imbafelled and wee difabled from makeing our Liues Comfortable; Likewayes to grant your poor Peticdners an order how wee fhall behaue towards the french in your Juridi6tion to the Eaftwd for the trade that way is Confiderable and will promote your honors intereft. And your poor Petic6ners ihall euer Pray &c. [The Signatures to the above have been cut off by rome perfon unknown, probably for the autographs.] 73 Council Minutes v. I. At Sfort James in New Yorke September the 13th i686. [1683.] Ordered that John Allen be made Sherriff of Pemaquid & Dependences, as Iflands & whatever is thereto belonging, & he is to appoint the freeholders of Pemaquid & Dependences to meet & Chofe one Reprefentative Commiffion of Thomas Sharpe as Commander at Pemaquid [New-York Colonial MSS. xxxiv,] By the Governr I Do hereby conftitute and appoint you Enfigne Thomas Sharp to be Commander att Pemaquid and parts Eaftward vnder the Govorment of his Royall Highnefs you are therefore to take Care that the militia in the Severall places be well armed duly exercifed and kept in good order and difcipline and the officers and I0 7+ foldiers thereof are required to obey you as their Commander and yorfelfe to obey fuch orders and direcc6ns as you fhall from time to time receive from me or other yor Superiour Officers according to the rules and discipline of warr and the truft repofed in You. Given under my Hand and Seale at ifort James the 0oth day of Novr 1683. Commifion of Alexander Woodrop af Sub-Colledor and Receiver. By the Govern I do hereby Conftitute and appoint you Mr Alexr Woodrop to be Sub Coll' and Receiver of the publiq Revenue of the Cuftomes & Excyfe due to his Royall Highneffe in Pemaquid and its Dependencyes on all Comodityes Cuftomable and all liquors according to an adt of the Genr Affembly publifhed the 3 th day of Otoor laft of which you are to keep due account and make returnes of faid receipts in Specie from time to time to me or my order and all perfons concerned are re 75 quired to conforme themfelves accordingly upon the penaltyes as in the faid ad is fpecifyed this my Comiic6n to laft only Dureing my pleafure Given under my hand and feale in New Yorke the 28th day of November 1683. InJfrudiony for the Settlement of Pemaquid. [Council Minutes v. 23.] At a Council held at ffort James in New York November yC 22d i683. Prfent the Governor Capt A Brockholls Mr Ffr Fflypfie I Spragge M' Steph V Cortland Mr Lucas Santer The following Inftru&ions & Orders were Confidered. Inftrudions for ye Settlement of Pemaquid That no coafting Veffell fhall trade on the Coaft as Bumboats tradeing from Harbor to Harbor, but as fhall Supply the Generall account for one boate or more, neither fhall it be lawfull for him 76 to trade in any Other Harbor, but where the boat or boats are, neither fhall it be lawfull for him to trade with anyother crew for liquors or wine Rumm, Beer Sider &c on fuch penalty as you think fitting. An Ordinary is to be Sett up at every Ifland or fifhing place by an approved man of that place It fhall not be Lawfull for the Ordinary keeper to fuffer any boates crew or any men belonging to any boates Crew to fitt & tipple to exceffiue drinking, or unfeafonable houres to hinder the faid boates Crew upon fuch penalty as by you fhall be thought fitte It fhall not be lawfull for any mafters of veffells to fell or difpofe of to any Crew befides their own any liquor of what kind foever on penalty or forfeiture to make good to the Vefiels Crew the fame It fhall not be lawfull that after any Crew be Ship'd & agreed to proceed on their Voyage & haue been to fea together to make a faire that if at any time'by any of the Crews obftinacy or Idleness or any other means (fickneffe only excepted) that the Crew be fo hindered of 77 makeing her faire the penalty & forfeiture for each faire be confidered & fo proportionable for a longer time that the Said party fhall abfent himfelf to the Hinderance of the Veffell going to fea. It fhall not be Lawfull for any Veffells Crew that belongeth not to the Government to make a Voyage in the Goverment, except he hath an houfe & ftaye within the Goverment on penalty of forfeiture of paying for makeing his voyage It fhall not be lawfull for any Veffell or Veffells that do not belong to this Govermt to make an herring Voyage at Mount Niles (?) or any other place within this Government upon penalty thought fitt by you It fhall not be lawfull for fifhermen to keep any more dogges then one to a family on fich penalty & forfeiture as fhall be thought fitt by you It Shall not be lawfull for the ffifhermen at Socatahock after the proclamation of this order to build any more howfes on that part of the Ifland that the Stages are of, but what they fhall be on that part to the Southward where they haue begun 78 to build & what howfes are on the Ifland where the ftages are of muft be Removed within the fpace of 2 years likewife all falt houfes or Warehowfes that Stand in the way of the flakes to be removed to a Convenient place on penalty as you think fitt That all fifhermen & planters fhall be forced to haue Arms & Ammunition That all perfons whatever fhall be forbidd to trade wth the Indians Saue only two howfes one at Merrymeeting & the other at Pemaquid That all VeiTells out of any Goverment if they corn to trade or fifh fhall firft enter at Pemaquid or the places appointed & that they fhall not goe into any other Harbour except by ftreff of Weather but firft to Cleare & giue an Account of their defign & not to break bulk before they haue fo Cleared & then proceed to trade or fifh as licenfe or permitt may be granted on penalty That no Veffell or boates Crew fhall break bulk or difpofe of any fifh till the firft of June on penalty 79 That the fifhermen may haue an affurance of thefe plantations about Socadahock & an Incouragement therunto that the planters in Sheepfgut River & Denorall Cote & the planters in Kenebeck & New Town in particular encouraged being fit for the ffifhermen as well as planters That no one who takes fourfcore Acres of Land Shall haue of the faid Acres aboue eight Acres fronting to the Sea River or Creek & fo proportionably for any who takes more or leffe Ground That no Stragling farmes fhall be ere&ed nor no houfes built any where under the number of twenty The Officer who is Comander of Pemaquid fhall by the advice of the C6mrs or any two of them Seaze any Veffell that offends contrary to the aforefaid inftruEtions & fuch Orders as fhall be made by you or any three of you for the well eftablifhing that Colony, provided allways that nothing herein fhall be don by you repugnant & contrary to the laws of this Country, & the laws of England And for the promoteing of piety it is requifite that a perfon be appointed by 8o the Comiffioners to read prayers & the holy Scriptures Ordered that no Veffell or boate or Cannoe whatfoever fhall trade nor go into any Harbor or River between the Rivers Kenebeck & St Croix but what fhall enter & Clear firft at Pemaquid, except they are forced by ftrefs of weather, upon forfiture of both Veffell, & goods, & that no one whatfoever as he will anfwer it at his perill fhall take a permitt or lycenfe to trade there from John Nellfon at Boston or any other perfon whatfoever, except fuch as are appointed & Commisfionated by the Governor of New York And for the further encouragement for people to go & Settle on the Dukes territories between the Kenebeck & St Croix they fhall haue lands for themfelves & their heires without paying any Quitt-rents except a fmall acknowledgment of one fhilling for an Hundred Acres pr Ann, & that they fhall not be lyable to be arrefted for any debts for the fpace of feven Years excepting fuch debts as they fhall contrad by occafion of their going thither, or whilft they inhabit on that place. No fifhing boats whatfoever fhall throw over board any Garbage or Gutts or any other thing that tends to the damage of the fifhery banks on forfeiture of their boats or Veffells And all Veffells or fifhing boates not belonging to Pemaquid or the Goverment of his Royall Highs are to pay as followeth A decked Veffell four Kentalls Merchantable fifh & an open boate two Kentalls. Petition from the Inhabitants of Pemaquid. [New-York Colonial MSS. xxxii.] To the Honrede Coll Thomas DonganLeft. Gouern' & Vife Admirall vnder his Ryell Highnes of New Yorke Dependenfes in America and to his Honerbl Counfell now Sitting att New Yorke The humble Petion of the inhabytance of the Extreme partes of his Riall Hinefs Teritory Betwene the Riuer Kenybeke and St Croix Humbly Sheweth Ware as yOr Petinors Came to vnderftand by Seuerall Commition and in ftrucktion If 82 ffor the Settillment of the affore faid partes that yor Hon' Hath intended Good ffor thefe partes and all ways will wee Beliue Confferme the fame which Giues vs Greate boulldnes to feeck yor Honrs protecktion and Reedres ffrom many burthen, and oppretions that are Layed vpone vs by the wonte of Lawes being Lefte to the will and plefuer of the Millitary order by which menes the Gouerment bee Cors to vs allto Gether Arbytary which foe to bee is Repugnant to the Laues of England and his Maj eY Regall athority as allfo a great Reflecktion one yor Honers athority Being ffully afhored of our Deliuerce ffrom the fame By yor Hone. Affter feurill yeares fuffring By ouer Great Diftant ffrom New Yorke whare wee are all wayes to have oure Releefe in fuch and the Licke Cafes — prmris the Boody of Lawes of New Yorke and the adjafent partes of his Ryall Hines territory hath not thefe partes in it Thare fgore humbly Requeft that wee may bee A mimber of that Boody -- 21y —Thare has ben but one..... appointed ffor thefe partes which all 83 Cafes Corn beffore and if Injuftis Don any man vnder correcation bee it fpoocken to the Loos of his Eftate or Dammige to his parfon this Law Appointes noe Appeall ffor vs which priueliges is a Lowed of By yor Hon' and Counfell at New Yorke and thare ffore hope yor Honer will prouide fom way ffor ouer Releefe 31y It hath Binne the pracktis of the Commander of Pemaquid to apprehend by fforfe of armes the kings Juftis of the peafe and thretten other Juftis of the Peafe with Putting in Irons and keping in the ifort a prifnor feuerall dayes with other Grand abuffes and Villifiing Lange and ffor noe Refon only ffollowing thare Commition Granted to the Said Juftise of the peafe as allfo thretnige the Defolfing of Coarts att pleffuer By which meanes the Kings Juftifes and SubjeEs haue bine turned bee fides thare Bufnis: Humbly Beging Yor Honrs Releefe in the fame +:tly: Whare as you Honer haue Sent formly Artickles in tittled Inftru&ion ffor the fettillment of Pemaquid which fignyfies to yor petitioneor that yor Honrs haue thoughts of Good ffor the Inhabitance 84 of thefe partes if a Right vnderftanding whare as the ffurfte Inftrucktion Declarith that noe veffeill fhall trad one the Cofte as bumboates ffrom Harbber to Harber but fuch as fhall fupplye the Ginerorall account ffor one Boate or more nether fhall it bee Lawfull to trad in any other harber which or Inftrucktion is much to the dammig of the in habbytance and a great Difcorigement of others that wold Come to inhabbitte ffor anfwer to the affore faid InftruCtion the perfons that haue fupplied the ffifhery haue allways fate fuch Grate prifes one thare Goods that it hath ffor many Years Impoverifhed yor poore petittiones butt of Late hath by the Refons of Supplyes att a Cheaper Rate and not Confarned with the Supply of boates made vs to make a more comffortable Liuing then heare to fore Likewayes wee tacke bouldnes to accquainte yor Honors with a Confidderable quantidy of planters Settled and are a Coming to Settill in his Riall highnes teritory in the Efterne partes if in corrigment ffrom Yor honer which wee Diffpare not of Defirring yor honer to take it into 85 yor pieous Confideration how thefe affore faid planters fhall bee fupplyed Being abfolutly Commanded that the fupplyes {hall Difpofe of noe goods but in the harbers whare ffifhery is and to now other but the boats crue which affore faid in ftrucktion wee humbly Confeue were Given in to yor Honer by him that had to much fellfe in it and wee ffeare a Combination wth other fuppliers to the Impourifhing of Your poore petifiners as heare to ffore which in fringment of trade hath neuer Ben as wee humbly Confeue to his Majefty fubiack humbly Defiring Yor honer to Reliue vs in the fame —5.thLy Whare as the ninth Inftrucktion that the ffifher men of Sacady-hocke ILand fhall not Builde any more howefes one that parte of the Iland whare the Stages bee but fhall Remoue all thare Houfes within the Spafe of three yeares which will bee the Runing of the proprieters of ye fame but wee humbly Confeue and fartingly knowe that his Majefty by aft of parlyment haue mad proclaymation that all Ilands and plafes conuenient ffor ffifhery all tho any perfon or perfons propriety fhall Bee 86 Improued fFor that End; as allfo Sr Edmond Androus Confferming of the fame: wee ffeare yor Honers in ffermation haue ben ffrom a perfon fformerly Claiming a Right thare vnto all tho pretended which parfon cane bee noe other parfon then Mr Richard Pattifhall which wee haue Grounds to ffeare Doth not Defighne Good to this partes wee Humbly Requeft yor honner to Reliue yor poore petyfenors in this matter. 6.hLy. Ware as in the thirtenth artickell that all veffels fhall enter at Pemaquid and att noe other place which wee humbly Cenfeiue will bee Very Detrimentall to a Confiderabell quantity of ffifher men and planters by Refon of the Great Distanc of Pemaquid and the Depenes and Difficulty of the bay of Pemaquid has Detained feuerall veffills many Days fom times Weeckes which has expofed the ffifhery and planters to Great Wontes as allfo a Great Dammige to thare Imploye ouer Humble Requeft to yr Honer is that you wold grante vs two plafes more of Entrys and Clering the one at Nu Darthmouth in Ships Gutt riuer whare ar 87 Confidderable inhabbitance and meny more Coming and. promfing a Confiderable trad of fhiping fFor maste and Lumber and all foe an office or foi parfon at Sacadyhocke in Kenybec Riuer appointed ffor Entring and Clearing 7:thLy Ware as the Eightenth inftrucktion Doth Requier noe fettillment in thofe partes under the number of Twenty ffamelyes which wee accknolige a very great prudence of Yor Honner wee humbly Confeue if yor Honer Doth but parfer tenn ffamelyes it may much more Con Dufe to the Settelling of thofe partes ffor tenn ffamelyes can be ffound to Settill at the ffurfte a towne fhip when twenty Cannot be procured but when tenn fettled fom fmall towne it hath all times by Expperience incurriged more to Come wee humbly Requeft your honner to Grante the Same 8thly Wee ffarther take Boulldnes to acquainte yor honner of a uery Confiderable Charge that the towne of Nu Darthmouth is Ships Gutt Riuer and Sacadyhocke in Kenybeck Riuer in Erickting of a fforte at Each place ffor Security 88 of the in habbitance againft the Hethin by Refon of thretting Languge profeding ffrom them and to bee found confulltation ffor ware, as allfoe thay Declaring that iff thay did not Cutt of the Englifh now thay came to inhabitt beffore that thay wold bee to manny ffor them and to ftrong wee humbly Requefte yor honer to prouide fome better fecurity ffor affter time. all thofe fforementioned artickells wee ar ffully parfuaded yor honner has a better vnderftanding of then wee ar Capable to infforme; not Douting as yor honner has allready Defighend Good ffor thefe partes will Grant vnto yor pore petiftnors all the affore faid artickells wee fhall Euer pray JNO ALLYEN ELIHU GUNNISON LARRY DENNY CHRISTOPHER RYER JUSTES ---- THOMAS GENT NIC': MANNING WILLIAM LOWERING THOMAS GYLES ROBERT COOK PHI= PARSON FFRANCIS JOHNSONN AFFTE NELE THO SERGANT GOURY GRAY JOHN LANGE ELIUS TRUCKE JOHN SELLMAN 89 Richd PateJfhall Informeth Againft M' John Kelfon MA' in BoJton. [New-York Colonial MSS. xxxi.] Saieth: yt fome time in Defemb:r Laft paft being I683 I Ariued in Bofton & met ther with Capt Sharpe that was my pasenger to Rod: Ifland. I Afked him whethr he was with: ye Gor Bradftret a bout ye procleme to Afle Leue ffor ye feting, of it, to yt he Anfwered noe and defired me to goe with him, the which I did the Gouer Anfwer was ther fhould be caer taken About it After he had met in Counfell: I alfoe Afked Capt Sharpe whether he had deliuered the Letter to Mr Nol... he faid noe, but would doe it After ye procla was vpp, when I vnderftod Mr Kelfon, had his Letter I went to his houfe, to difcorfe him Conferneing ye Efterne prts, wher I Aquainted him of ye Honr Gouer Dongans Refolues to poles him felfe, with his Riall Hines his Rite to St: Croys by Letters pattens Granted from his maieft: and he had fent Letters Accordeing to Coften, to Come in and pay his 12 9go Refped to Pemequide his Anfwer was Gour Dongan, was miftaken in Coften, for he was Comifinated from ye King of Ffranfe, and Likewife from ye Goverr of Canadey to Kepp ye Rite and pofefion of thofe prts and that ye faid Coften was a Baron, and did Skorne to Come to Capt Sharpe being a men perfon, and of noe prts and could not Difcorfe futch a Gentell,Tm as Coften, further more that ye Said Coften would Lofe, his Life Rather, and that it would be an Ill dayes workes for Gour Dongan to vfe Au:t of Hoftilley towards, him, for if he did ye Englifh in thefe prts would fone be Cut of, and ye plafes Left in Afhes. I Tould him that could not be for ye Ffrentch were but ffue, he Anfwered that there and all ye Indeans were Ingaged to him in thefe prts I Anfwered that all ye Indeans from Pemiquid weftwards waer obedient to Gouer Dongan, which waer two to one for ye Eftwards. He Anfwered he knew, to ye Contrary I Anfd that then Go:r Dongan had ye Mohocks, and Senicaes confifting of at Left 3 M:' men to Send vppon there 1 Three thoufand. 91 Indeans in ther one ould quarell when he plefed His Anfwer was he beleued ye Gour: was miftaken in that two, for he was fhuer ye Ffrench Gouor: kept Jefuits: in ye Mohockes Caftells and further moer ye ffrench Go:r had Lately fent for ye Mohokes vppon fome mifdemer and Xecuted Eyght or Nine that ye Mohokes Brought in them felues Alfoe that ye Kenebecke Indeans were Stout ffellows and ffeared not ye Mohocks Council Minutes Indian Affairs. [Council Minutes v. 66.] At a Council held at ffort James April IIth I684. Governor Dongan faid he was againft giueing any provocation to the Indians, & would ufe all the faire ways to preferue peace Governor Cranfield faid that thofe the province of Mayne had draun themfelues into Garrifons 92 Mr Dudlay replyed it was don by any order from Bofton Governor Cranfield faid there much difference between unneceffary feare, & many repeated threats & menaces from the Indians & their drawing away yeir wifes Governor Dongan faid that if his officers at Pemaquid did any thing againft the Indians, beyond his inftrudions, they fhould fuffer for it, & that he would not make any preparations to alarum the Indians. Governor Cranfield propofed that an allouance fhould be made wth the Maques to affift them of Bofton, & the province of Mayne & other Colonies Gov Dongan anfwered that if any affurance came from Bofton & the province of Mayne that the Indians did make warre he would ufe his utmoft to get the Maquafe Governor Cranfield defired that one might be appointed from N. York Bofton, the province of Mayne & other Colonies to treat about it, to adiuft the expences wCh would be due to the Maques 93 Governor Dongan faid- he was againft any thing yt might flhow the leaft fufpition of the Indians, & give them iealoufie Agreed upon by Cranfield Governor of the province of Hampfhire, Mr Jofeph Dudley & Mr Shrimpton & Governor Dongan wth the Council that if upon the arrivall of Mr Cranfield into the province of Hampfhire, Mr Dudley & Mr Shrimpton at Bofton they heare of any Ats of Hoftility comitted by the Indians they forthwith giue notice the Governo' of New York who will fend fom on purpofe to them to Confult what is fitt to be don in it, & to adiuft the payments that fhall be due to the Maquafe for their affiftance in cafe they are employed & further to advife & Confider whatfoever fhall be neceffary for the prefervation of his Maties Subjeeds. Extrad of a letter from Cov Dongan to the Council of the Province of Hampfhire [Council Minutes v. 68.] Apr ii. i684. We giue you many thanks for ye kindnefs towards this Governmt, tho we haue 94 no reafon on or parts to apprehend a warre Wth the Indians; with whom we haue but lately renewed a friendfhip, & haue letters from Pemaquid which mention nothing of any likelyhood of a warre amongft them, the copy of wch & fome other papers are in the hands of ye Governo.r [Council Minutes v. 72.] At a Council Apr 21R I684 Prfent the Governor Mr ffr fflypfie Mr S. V. Cortlandt M' L Santer J Spragge A petition from New Dartmouth for a patent referred untill the Governor go to Pemaquid A petition from Mr Alleyn for ye fame referred untill the Governor go to Pemaquid & both given back to Mr Giles Goddard. 95 Petition of Inhabitants of New Dartmouth [New-York Colonial MSS. xxxiv.] The Humble Petition of ye Inhabitants of ye Towne of New Dartmouth Belonging to his Roy:1 H: James Duke of Yorke, in ye Eafterne Parts of ye County of Cornhill in America, and to ye Right Hornourable Corn": Dongan Govr & Vice Admirall Vnder his Roy'! High: of New Yorke and its dependences In America wth: ye Reft of the Honourable Affembly Sitting in Councell at ye City of New Yorke. in OEober Next, &c. Humbly Sheweth; That Whereas your Honours Humble Pettitionrs: Obtained a Graunt of a Trad of Land to fettle it as a Townefhip about two years Paft, from the Worfhippfull Henry Jofflyn Efqr Juftice in Quo: Deceafed and by virtue of an Order Derived to him from Sr: Edmond Androfs, Then Govr: haue Graunted the afforefd Inhabitantes To be bounded as ffoll. Vizt: On ye South to ye Sea, On ye North to ye Country, On ye Eaft Wth: ye: River, 96 knoune by ye Name of Damaras Cotte, as alfo wth ye: ffrefh Pond, at ye: head of Said River, and fo into ye Country, and on ye Weft bounding Vpon ye Great Ifland of Saccadahoc, and fo through Batefmans Gutt, Into ye: Sea South & by Weft, and alfo Vpward from Baternans Gutt, Into ye Country to ye Great falles, and from thence to great Monfiocage ffalles, and from thence a north and by Weft Lyne into ye: Country as pr Platt will appeare, As alfo ye: Orridginall Graunt from ye: above faid loflyn Efqr: Whereas yor: Pettitionrs Come to vnderftand from yor: Honor': hand That all ye: Inhabitants fhall haue their Title of Land Confirmed vnto them in Townfhipps, Wee have hearetofore prfented yor: Honor: wth: a Platt of ye aforefd: Toune Bounds as alfo from Vnder ye Surveyors: hands, Their Sirveying & Laying out of fd: Townfhipp according as ye Law prvides Wee Humbly befeiching yor: Honour to Graunt & Confirme vnto ye: now Inhabitants of faid Towne all ye Lands wvtl: Rivers & Riviletts, Iflands, & Iletts, Harbours, & Bayes, wth: in ye: afforefd: 97 Bounds Vnto yo,r Humble Pettitionr": & heires, according to ye Charter of Eaft Grinoidge, Only Excepting Il, a hundred accres if Demanded pr anum Vnto his Royl1: Highneffe pr acknowledgment: wch: if Graunted & Confirmed by yor Honor: & Councell, will much Encourage not Onely ye Inhabitants yt are now heare, but others yt: are Comeing if our Lands weare Confirmed Vnto vs, Severall of our Inhabitants are Drawne of already, and others Intend Except they Can haue a fpedy Confirmation of their Lands made to them Therefore wee Defire That yor Honour would be pleafed to take it into yor ferious Confiderac6n That a Pattent may be Graunted Vnto vs for our Townfhipp. That wee yt: are heare & others yt: would Come & fettle amongft vs may be Encouraged. Wee doe allfo further prfume & make bould to acquaint yor Honour yt wee are Difturbed by People yt Come heare to Clame Lands by form: & prtended writes; Capt: Elifha Hutchinfon of Bofton 13 98 hath been in thefe Parts, & gives out feveare Threttennings yt he will Come & take away our Land wheron our Towne ftands & feverall others Doe Thretten Likewife & fay That they haue more wright to Shew Then wee have to our Lands, Therefore wee defire yt: yor: Honor: will Confider Vs That Wee may haue affureance, of our Lands, and yt: no fuch prtenders or old Morgages yt were made before the warrs w.h ye heathens may be prceded agt: us: if they fhould it would Damnifie & vtterly breake vp our Towne: Capt: Hutchifon faith yt: he muft have Vs become his Tennants or otherwife wee fhall not Live heare. And allfo when our Reprefentive Mr Gyles, Godward went Laft; Mr John Allen without ye knowledge of Mr Godward or vs tent Privetly a Pettition vnto yor Honor; it being ffalfe as will appeare wee never knew any thing of it vntill Mr Godwards Returne Mr Allen haveing given vp all his former wright & title which he prtends he had to the neck of Land ye Towne Stands vpon and Elfe 99 wheare, vnder hand & feale to vs and willingly tooke a Lott Equall to ye Reft, as he pretended to Encourage vs to fettle ye: Place, as will more fully appeare by ye articles. Wee Prefume ffurther to aquaint yor: Honor: That wee have heare amongft vs one Capt Nicholas Manning Capt: of a Company That is very Troublefome, and Doth much Obraide & Difturbe vs in our buifeneiTe, Townes Men & Overfeers That are Legually Chofien by ye Towne he Doth Difturbe at Publique Meetings, about their Toune affaires, he allfo braggs That his power is better than our's, and fayth he will fettle whom he will and where he pleafe, wch makes Partyes & Divifions amongft vs,To our great Trouble, wch: if not prvented, wee feare will growe worfe, wee Defireing yt: yo': Honour will take all matters into Confiderac6n for to graunt vnto vs yor Poore & humble Pettitiones a Confirmac6n of our Lands That wee doe now Enjoy, and alfo yt yor Honour would be pleafed for to fett or nominate ye Name of our Toune ac 100 cording to yor Pleafure, and what Elfe yor: Honour fhall fee fitting and wee fhall Euer Pray &c: ROBERT R FOOT (?) THOMAS GYLES Juftice of THOMAS GENT peace WILLIAM LOVERING ELIHU GUNNISON Jultice of his Mark peace CALEB RAY - - - RICHARD PAIN Mail maker and Purfar for his Mageftys vfe in England JAMES COOKE Mariner [April 21. J684.] Commifion of Nicholas Malnning as Captain of a Foot Company. [New-York Colonial MSS. xxxiv.] By the Governor. Whereas, out of the good opinion I conceiue of You I haue thought fitt to Conftitute, and appoint you, Capt Nicholas Manning to be Capt. of a foott Company of the militia for the County of Cornwall Thefe are therfore to will and require you to take into your charge and comand the faid Company as Capt. accordingly, and Duely to Exercife the faid officers, and fouldiers thereof in armes and to your heft Care and Endeavour, to 101 keepe them in good order and Difcipline, hereby Willing and Requiring them to obey you in all things as their Capt. and you Likewife to obferue and follow, fuch orders and diredions as you fhall from time to time Receiue from mee, and for the Doeing this fhall be your Warrant, this to Continue During my Will and Pleafure only; Given under my hand and feale att Fortt James the 28th day of Aprill 1684. Paffed the Office. THO: DONGAN. JOHN SPRAGG Sec'y Comminion of Gyles Godard as Lieutenant of a Militia Company [New-York Colonial MSS. xxxiv.] Thomas Dongan Lievt Governor &c Whereas out of the good opinion I conceiue of you Gyles Godard I haue thought fitt to Conftitute and appointe you to bee Leiut. of a foot Company of the militia for the County of Cornwall, You are therfore Carefully to Performe the Duty of a Leiul in all things and to 102 Obferue fuch orders as you fhall from time to time Receiue from your faid Capt or other your fuperior Officers and all Inferior officers and Souldiers of the faid Company are to obey you as their Leiut according to the Difcipline of Warre this Commiffion to Continue During my Will and Pleafure only; Given under my hand and Seale the 28: Day of Aprill 1684. PaiTed the Office THO: DONGAN J: SPRAGG Secr. A Commiffion to Caleb Raye for Enfigne after the fame forme Mutatif Mutandis. Commifjion of JuJtices of the Peace. [New-York Colonial MSS. xxxiv.] By the Governor. By Virtue of the authority derived unto mee from his Royall Highs: I doe hereby Conftitute authorize and appointe you John Allyen, John Dolling, Lawrence Denni,Thomas Giles, Alexander Woldrop, Thomas Sharp, Richard Pattifhall Efquires to bee Juftices of the Peace for the County of Cornwall and Commiffioners for the 103 fettling his Royall Highneffes Territoryes betweene the Riuer Kenebeck and St. Croix Giveing You full Power and authority to ad as Juftices of the Peace, for the Good and Wellfaire of the Government and due adminiftration of Juftice, and to Confult and make Rules and orders, for the Weale and benefitt of his Royall Highneffe Territories betweene the River Kinebeck and St Croix and to Call to queftion and punifh all offenders according to Law, and all Perrfons whom it May Concerne are ftritly Charged and Required to give you due Refped and obedience accordingly; this Commiffion is to be of force dureing my Will and Pleafure, only Given under my hand and feale att Fort James this 28: Day of Aprill i684 Paffed the Office THO: DONGAN. J. SPRAGGE Secr 104 [Council Minutes v. P. 9I.] At a Council held at ffort James July the 9th 684. The petition of the Inhabitants of Pemaquid referred untill the Governor go thither & in the Mean time the former orders to be obferved. Orders concerning Block Coufe and the payment of Quit Rents. [New-York Colonial MSS. xxxiv.] By the Governor Ordered that the Block houfe of Merry Meeting bee Imediately Raifed by the Town of Pemaquid and there to Trade and Traffique Paying Cuftomes according to the ad of affembly and the faid block houfe to be Raifed at theire Owne Charge and Likewife Enfigne Sharpe is to fend up to the faid blockhouse one file of men to be Comanded by John Rowden. 105 And that all veffells are hereby required to Enter and Cleare att Pemaquid. Paffed the Office THo: DONGAN J SPRAGGE Secr. Fortt James the 8th day of September I684. By the Governor. Whereas there are Severall Quitt Rents ftanding out and in arrears to his Royall Highss at Pemaquid Due and Payable fince the agreement made by the late Governor Sr Edmond Androfs Knight &c Thefe are therefore in his Royall Highs" name to authorize Empower and appointe you Allexander Wardrop to afke demand and Receive all fuch quitt Rents as are due and Payable to his Royall Highs in the County of Cornwall and to give Receipts for the fame, for which this fhall be your fufficient Warrant. Guen under my hand at Fortt James the 12th day of September I684. THO: DONGAN. You are to Receive all the aforfaid quitt Rents vntill the 26th of Auguft I684. i4 io6 Commiffion granted to John Buttery to be Capt of Foott belonging to New Towne and Sackadahock Date the 22d day of Odober i684. Commiffion Granted to Gyles Godard Efqr to be Capt of a Foott Company belonging to the Towne of New Dartmouth in the County of Cornwall Date the 22d of Odo I684. Commiffon of Gyles Godard as Surveyor. Thomas Dongan Lieut and Governor &c Whereas by the Severall PetticOns of the Inhabitants of Pemaquid it appears to be Convenient and neceffary to have a Surveyor in the County of Cornwall I have therefore thought ftt to Conftitute and appointe Giles Godard Efqr to be Surveyor of the faid County and to Lay out any Trad or Parcell of Land not Exceeding the quantity of one hundred acres for Each Perfon and alfoe to furvey all Toune Shippe not already Surveyed not any wayes Prejudiciall to any Perfons 1o7 Right or Intereft and to make a Returne thereof to me for which this fhall be your Warrant. Given under my hand and feale att Fortt James in New Yorke the 22d day of Odober i684. Paffed the Office, THO: DONGAN J. SPRAGGE Seer. [Council Minutes v. P. 157.] At a Council June the tenth i686. The Governor propofed that there being fom Confufion amongft the Inhabitants of Pemaquid, it would be Convenient to fend Capt. J. Palmer thither to agree wth them for takeing out their patents, & paying of Quitt rents & ordered that Inftrudions fhould be given to him. Licences for the taking up of Land. [New-York Colonial MSS. xxxiv.] By the Governor Whereas John Spragge of this Citty of New Yorke hath defired my Liberty and Lycence to take up and Enjoye a io8 Certaine Ifland Called and Knowne by the name of Summerfett Ifland and the fmall Ifland thereunto adjacent Scituate and Lyeing in Pemaquid in the County of Cornwall thefe may Certifie that the faid John Spragge hath hereby Liberty and Lycence granted to him to take up and enjoy the faid Iflands in order for Confirmation by Pattent Provided the fame be not appropriated or difpofed off to any others Given under my hand at Fortt James in New York: THO: DONGAN By the Governor. Whereas James Graham of the citty of New Yorke Merchant hath defired my Liberty and Lycence to Take up and Enjoye one thoufand acres of Land fcituate Lyeing and being in Pemaquid in the County of Cornwall, Thefe may Certifie that the faid James Graham hath hereby Lyberty and Lycence granted to him to Take up one thoufand acres of Land provided that not aboue one hundred acres of the faid land be fronting to the fea or water fide alfo provided the og9 fame be not appropriated or legally difpofed of to any others. Given under my hand at Fortt James in New Yorke the 19th day of June i686 THO: DONGAN. By the Governor. Whereas Thomas Smyth Gent. hath defired my Lyberty and Lycence to take up and Enjoye three hundred Acres of Land Scituate and Lyeing in Pemaquid Thefe may Certifie that the faid Thomas Smyth hath hereby Lyberty and Lycence to take up the faid three hundred acre of Land in Order for Confirmation by Pattent Provided the fame be not appropriated or Legally Difpofed of to any others Given under my hand at Fortt James in New Yorke the 9th day of June i686. THO: DONGAN By the GovernorO Whereas Thomas Cooper of the Citty of New Yorke Gent. hath defired my Liberty and Lycence to take up and Enjoye three hundred acre of Land Scituate Lyeing and being in Pemaquid in the 110 County of Cornwall Thefe may Certifie that the faid Thomas Cooper hath hereby Liberty and Lycence to take up the faid three hundred acre Provided the fame be not appropriated or Legally difpofed of to any others, Given under my hand att Fortt James in New-Yorke the 19th day of June i686. THO: DONGAN. Authority of John Weft to a(t as Deputy Secretary. [New-York Colonial MSS. xxxiv.] Forafmuch as it hath Pleafed the Right Honble: Coll Tho Dongan his Majeftyes Gouernor of New Yorke & to Commisfionate and Empower Capt John Palmer of the Citty of New Yorke Efqr by grant or Deed in writeing vnder his hand and feale of the Prouince to Give Grant Rattifie and Confirme to all and Euery the Perfons in Pemaquid now Settled and Inhabiting within that Partt of his Majeftyes Prouince as fhall be Defirous to take up fettle and appropriate Land there, III fuch trad and trads Parcell and Parcells and quantities of Land and Iflands as in his Difcretion he fhall think moft fitt and Conuenient I do hereby nominate and appoint and depute you John Weft of the Citty of New Yorke Gent to doe and Execute all ad and ats thing and things in Pemaquid in the County of Cornwall dureing the time that Capt John Palmer fhall ftay in the faid County to my office or Place of Secretary belonging or apperteining Given under my hand and at Fortt James this 19th day of June I686. J: SPRAGGE Seer. Commiffion of Capt John Palmer [New-York Colonial MSS. xxxiii.] By the Governor in Councill. Haveing Receiued information that there be Seuerall diforders and Confufions amongft the Inhabitants of Pemaquid I haue therefore thought it conuenient to fend you Capt John Palmer thither of whofe great Prudence abilityes, and Integrities I am Very well affured. 112 And for the better Eftablifhing Settling and quietting of his Majeftyes fubjets in thofe Parts, in their Eftates and Posfeffions I doe hereby giue you full Power and authority to treate with the faid Inhabitants for Takeing out Pattents and Paying the quitt rents. And to Preuent any dangers that may arife by being in a negligent, vnprovided Pofture you are to warne the aforefaid Inhabitants to keep in Garrifon Continually one officer and fix fouldiers at Leaft in time of greateft Peace and quiett and twenty Souldiers at Leaft if any warr fhould arife & happen, And for the more Regularly Proceeding in all affaires you are hereby alfoe Empowered to nominate and Chufe difcret and honeft Perfons fome of the moft knowing and Capable Perfons to be Justices of the Peace and quorum. And forafmuch as very Little Reuenue hath accrued to his Majefty from Pemaquid by the Dutyes of Excife and Customes you are therefore hereby Impowered to Sett and Lett to farme the aforefaid Excife & Cuftomes as advantagioufly as 113 you Poffibly can, for the augmenting of his Majeftyes Reuenue. And Laftly you haue hereby full Power and authority not only to ad in the aforefaid Perticulers but in any other concerne or thing what fhall be moft meet and convenient for his Majeftyes Intereft. Giuen under my hand and Seale at fortt James in New Yorke the 19th day of June i686. THO. DONGAN Commiion of Jufticef of the Peace for Cornwall County. [New-York Colonial MSS. xxxiii.] Cornwall SS. James the Second by the Grace of God of England Scotland Ffrance & Ireland King Defendr of the faith Supream Lord of ye Plantac6n & Collony of New York To our Trufty & Wellbeloved, Tho Sharpe, Richard Patifhall, Tho. Giles, Nico. Manning Giles Goddard, Jno Dolling, Laurence Denny, Elihu Gunifon Efqr' Greeting. Know yee That wee haue affigned you & Euery of you Joyntly & I5 "i4 feverally our Juftices to Keep our peace within our County of Cornwall in or Plantation & Collony of New York Aforefd And to keep & Caufe to be Kept all thofe laws & ftatutes made & Eftablifhed for ye good of ye peace & for ye Conferuac6n of the Same & for ye quiet Rule & Gouermnt. of our people within Or Sd County in all & Singular their Articles according to ye force forme & Effe& thereof, Ant to Corre& & Punifh all offenders agt. the forme of ye Laws & ftatutes or either of them in ye County aforefd as according to ye forme of ye Laws or Statutes is or ought to be done. And to Caufe to Come before you or either of you all thofe who Doe threaten any of or People concerneing their bodies or of burning their houfes to find fufficient furetyes for ye Peace & their good behaviour towards us & our people & if they fhall refufe to find Security in this behalfe then to Caufe them to be kept fafety in our Prifons untill they fhall find fecurity in this behalfe. Alfoe wee affigne you & Euery three or more of you whereof any one of you, jI5 you ye aforefd Tho: Sharpe, Richard Patifhall Tho: Giles, & Nico Manning wee will to be one our Juftices to Enquire by the Oaths of good & Lawfull men of ye County aforefd by whom ye truth of the thing may be the better Knowne for all manner of Larceny Petty Larcenay Trespaffes & Extortions whatfoever & of all & fingular other mifdeeds Crymes & Offences of the which ye Juftices of our peace may or aught Lawfully to Enquire by whomfoever & howfoever in ye County aforefd done or perpetrated or wCh hereafter there fhall happen to be done or Accompted where the punifhment thereof by the Laws of the fd Collony doth not Extend to taking away of Life limb or member. & alfoe of all thofe who there doe lye in waite to wound or Kill our people or that hereafter fhall foe prefume to lye in Waite And alfoe of all prfons that fhall & doe ufe & fell by falfe weights or meafures. And alfo of whatfoeuer Sherriffs Brayliffs Marfhalls Conftables Goalers & other officers who in the Execution of their offices abt the prmiffes or either of them haue behaued themfelues I6 undutyfully or hereafter fhall prfume to behaue himfelfe undutifully or are remiiTe or negligent or hereafter fhall foe happen to be in ye County aforefd & of all & fingular Articles & Circumftances & other things whatfoeuer by whomfoeuer & howfoeuer in ye County aforefd done or perpetrated or wch hereafter there howfoeuer fhall happen to be done or Attempted concerning the full truth of ye prmiffes or any of them & to InfpeEt whatfoeuer IndiEtmt foe before you or any of you taken or to be taken, or before others late juftices of ye peace in ye County aforefd done or taken & not yet Ended And to Continue proceffe thereupon agt all & fingular perfons foe Indided or whom before you hereafter fhall happen to be IndiCted untill they are taken Deliuer up themfelues or be Outlawed. And to heare and determine all & fingular ye Larcenys Petty Larcenys Trefpaffes Extortions Indidmt' aforefd & all & fingular ye prmiifes according to ye Laus of ye fd Collony as in Cafes of this nature is ufed or ought to be done, And to CorreCt & punifh the Offendls & euery of them for 117 their offences by fines & amercements, or otherwife as according to ye Laws of ye fd Collony is ufed or ought to be done And alfoe we Affigne you and every three or more of you whereof any one of you the aforefd Tho Sharpe Richard Patifhall Tho: Giles & Nico Manning Wee will to be one of our Juftices to heare try & determine by the oaths of twelue good and Lawfull men of ye County aforefd all Caufes & Cafes there brought & Commenced before you as well acc6ns Cafes & Caufes Civill between Party & party as Criminall of which ye Juftices of ye Peace in their Seffions by the Laws of ye fd Collony may & ought to heare try & determine & in fuch manner & forme as by the fd Law is prfcribed & Directed. Provided always that if upon the Determinac6n of any of ye prmiffes or Cafe of Difficulty fhall happen to come before you or any three or more of you that then you doe not proced to giue Judgmt thereupon (unleffe in ye p'fence of one of our Juftices of Or Court of Oyer & Terminer within our fd Collony) And therefore wee Command you & Every of you that you 1I8 Dilligently Attend abt the Keeping of ye Peace Laws & all & fingular other ye prmiffes and that at certaine days & places which by Or Leiut & Governor of Or fd Plantation & Collony of N Yorke for that purpofe fhall be appointed you make Inquiry of ye prmifTes & all & fingular ye prmiffes heare & determine & to doe & accomplifh thofe things thereupon in forme aforefd to be done wCh appertaines to Juftice according to ye Lawes & Cuftomes of our fd Collony fauing to us our ffines & Amerciamt & other things to us thereupon belonging. Alfo we command by Vertue of thefe prfents our Sheriffe of our fd County of Cornwall that at Certaine dayes and places (which fhall be appointed & made Knowne unto him as aforefd) he Caufe to come before you or any three or more of you as in faid fuch & foe many good & Lawfull men of his Baylwick by whom ye truth in ye prmiffes may be the better knowne & Inquired off. In Teftimony whereof we haue Caufed ye feale of or fd Collony to be hereunto Affixed. Wittneffe Jno Palmer Efq of ye Councell in or fd Col I 9 lony & Commiffionr for ye fettling of our Affaires & Appointing of Juftices of ye Peace in Or fd County the Eighth day of Septembr in ye fecond yeare of our Reigne Annoq Dom. I686. The Oath of a Juftice of the Peace. Ye fhall fwear that as Juftices of the peace in ye County of Cornwall in all articles in the kings Commiffion to you direted you fhall doe equall right to ye poore & to ye Rich after yor Cuning Witt & power, & after ye Laws of ye Collony thereof made. And you fhall not bee of Counfell of any Quarrell hanging before you & that you hold yor Seffions after the forme of Law thereof made & att times & places appointed And the ffines & Amerciaments that fhall happen to be made & all forfeitures wch fhall fall before you you fhall Caufe to be Entered without any Concealmt or Imbezelling & truly giue them to his Maties Deputy Colledor and receiver in ye fd County for the time being or fend them to his Maties Collefor & receiuer Generall att New Yorke or to his Matie Court of Exchequer there Ye 120 fhall not Lett for Gift or other Caufe but well & truly you fhall doe yor office of Juftice of ye peace in that behalfe & that you take nothing for yor office of Juftice of the Peace to be done but yor ffees accufromed & Lymitted by Law. And ye fhall not dire&t or caufe to be direded any warrant by you to be made to ye partyes but you fhall dired them to ye Sherriffe of ye fd County or other the Kings officers or Minifters or other Indifferent perfons to doe Execucon thereof. Soe help you God &c Inftrudions for Capt Nicholaf Manning Sub-Collecor Surveyor and Searcher of his Maties Cuftomef and Excife due 5 payable in ye County of Cornwall 5 Receiuer of his Mati' Quittrents L other reuenues arrifeing within ye f County. [New-York Colonial MSS. xxxiii.] Imprih. You are to take notice of all fhipps and vefiells whatfoever comeing to any porte within ye fd County & fee that 121 they make Juft & true Entryes and that Immediately upon their Arriull both of Veffell & Goods. 2d.Y You fhall keep a true & prfect account of all monyes by you receued on goods in Lieue thereof for his Maties Cuftomes & Excife. Enter ye Names of all veffells & the Names of ye Mafters in a Diftind booke by you to be kept for that purpofe 3dy. You fhall not prmitt any fhip or Veffell whatfoeuer diredly or Indiredly to Load nor Unload any goods wares or Merchandize untill ye fd Ship or Veffell hath firft made her due Entry inward or outward 4thly. You fhall appoint certaine Convenient place or places at which & noe other goods may be Shipped or Landed & that at Seafonable times between fun rifeing & fun fetting in ye day time & in prfence of an officer 5thly You fhall from time to time dureing your being in fd office Returne to ye Governor or his Maties Colledor & Receiuer Generall for the time being att New Yorke a true & Juft account of what i6 122 you haue receiued & Colleded & of yor Proceeding in yor fd Office once euery fix months att ye furthereft 6thy. You are to Colled & receiue his Maties Cuftoms & Excife in ye County of Cornwall aforefd according to an ad of Eftablifhmt therefor made by the Genrall Affembly & publifhed the 31. Odober 1683. 7thly. You are to goe into ye houfe & Cellar of any prfon or prfons whatfoeuer where ye fufped there is any wine or other Liquors & ordr the fd Liquors to be Gauged Caufeing them to pay for all Rum foe found in ye Cellar & they who fhall fell by retaile to pay for all Liquors Wines beere & Syder that fhall be by them fold & retailed. You are alfoe to goe into their Cellars & houfes as aforefd as you fhall fee Caufe to p'vent all fraud & Imbezellment of his Maties Reuenue. 8thY. You are not to fuffer any Veffell whatfoever to goe into or up Kenebeque River or any parte thereof untill they haue firft made their Entry with you at Jameftown & payed his Maties Dews & if any fhall prfume to doe ye Contrary y~ 123 are to Caufe both veffell & Goods to be Seized & proceeded agft by Law as diredted for defrauding his Matie of his Cuftomes And that all Veffells tradeing into any porte River or place doe Enter & Cleere with you before their departure undr the like pains & forfeitures. 9thly You are to take Care that ye former Ordrs made Relateing to ye ffifhery be duly obferved & that what Ordred to be payed by all ftrange veffells & Shallops Coming to make their voyages in thefe parts be by you duly Collected for his Maties ufe of wch account to be likewife giuen as afore direded 10th17. You are not to fuffer any prfon or prfons to fell any forte of Liquors by retaile in any part or place within ye fd County but fuch as fhall obtaine Lycence from yorfelfe & fhall pay fuch fume of mony for ye Same as you fhall think fitt to agree for & not Leffe than I2s for Each Lycence grted and of ye Monys on that behalfe receiued you are to Render a prticuler act to ye Govr as opportunity prfents. 124 t I1hlY You are to Colled & receiue ye Quitt rents due & payable from ye Severall perfons for ye Lands they hold within ye fd County according to a Lift of Pattents granted Left with you in ye Speties therein menconed & thereof to Keep a Diftind account & alfoe of all fines forfeitures & amerciaments that fhall or may at any time hereafter happen or belong to his Matie & thereof to fend an act to ye Governor or his Maties Receiuer Generall att New Yorke for ye time being once euery 6 months att furthereft. 12thly. In Cafe any prfon Licenced to fell Liquors by Retaile defire ye fame you may farme the Excife of their Draught to them for one yeare for fuch fume of money as you fhall think fitt to Agree for haueing regard to ye greatneffe of their Draught. 13thly. You are to write to ye Gouernor or his Maties Colledor or Receiuer Generall att New Yorke for ye time being of all paffages Concerning the Excife, Cuftomes Quitt rents & other his Maties Reuenue to ye End that fuitable Ordrs may be from time to time fent you for regulateing ye fame. 125 thly. ffor yor Better Governmt in Colleding of ye Cuftomes & Excife aforefd you haue herewith a Breviar of ye A6C of Generall Affembly Eftablifhing ye fame And thefe Direccons you are to follow & obferue untill further Ordrs Dated att Jameftown in ye County of Cornwall the 17th day of 7bler in ye fecond yeare of his Maties Reigne Annoqe Dom i686 Confirmation of rofwick or Arrowfick Ifland to John Weft [Patents vi. 30.] Thomas Dongan Capt: Gen": Governor: in Chiefe and Vice Admirall in and over the Province of New Yorke and Territoryes Depending thereon in America under his moft Sacred Majefty James the Second by the Grace of God of England, Scottland, ffrance and Ireland King Defender of the faith &c To all whom thefe prfents fhall Come Sendeth Greeting Whereas John Palmer Efq' by Virtue of the Commicc6n and authority unto him 126 by me Given by a Certaine Grant under his hand writing the feale of this Province thereto affixed and entered of Record in the Secretaryes office bearing Date the fifth Day of Auguft in the Second Yeare of his fd: Majeftyes Reigne and in the Yeare of our Lord one thoufand Six hundred Eighty Six hath Given Granted Rattifed and Confirmed unto John Weft of the Citty of New Yorke in America Gentl All that Certaine Trad or Parcell of Land or Ifland Scituate Lyeing and being on the Eaft fide of Kenebeck als Kenebeque River within the County of Cornwall Commonly called or knowne by the Name or Names of Rofwick or Arrowfick Ifland according to the furtheft Bounds limitts and extents thereof as the fame is Encompaffed by Water together wth: all and fingular the Meffuages Tenements Edifices Buildings, Trees, Timber Woods underwoods ffields ffeedings Paftures Moores Marfhes Swamps Meadows Ponds Pooles Lakes Streams Rivers Runns Rivoletts Waters and Water Courfes ffifhing fowling hawking and hunting with the Privilidge of Building and 127 Ereding Saw Mills or Grift Mills thereon or on any Parte thereof and all other Privilidges imunityes Profitts benefitts advantages Hereditamt: and appurtennces whatfoever to the faid Trad or Parcell of Land or Ifland and Premiffes belonging or to or with them or any of them in any wife appurteineing Alwayes Excepted and Referved out of the faid Grant all that Peece or Parcell of Land Parte of the faid Ifland at the South end thereof formerly Granted by Sr: Edmund Andros Knight late Governour of this Province unto Mr Lawrence Dennis & others Inhabitants there Called by the name of New Towne, to Have and to hold the faid Trad or Parcell of Land or Ifland and all and Singular other the Premiffes with their and Every of their appurtennces Except before Excepted unto the faid John Weft his Heires and Affignes to the Sole and only Proper ufe benefitt and behoofe of the faid John Weft his Heires and Affignes forever under fuch Rents and Services as in the faid Grant are menc6ned and Referved as in and by the faid Grant Relac6n yrunto being had may more fully and att Large Appeare. 128 Now Know yee that by virtue of the Commiffion and authority unto me Given by his moft Sacred Majefty our now Soverigne Lord James the fecond aforefaid & Power in me Being and Refideing for and in Confideracdn of the Rents and Services herein after Menc6ned and Referved I have Given Granted Ratified Releafed and Confirmed and by thefe Prefents Doe Give Grant Rattifie Releafe and Confirme unto the faid John Weft his Heires and Affignes for ever all that the above recited Trad or Parcell of Land or Ifiand and Premiffes with all and Singular the Hereditamt and appurtennces thereunto belonging or appertaineing in as full and ample manner as the fame is menc6ned to be Granted unto him by the faid. ohn Palmer Except what in the faid Grant is Perticulerly Excepted and Referved to have and to hold the Laid Trad or Parcell of Land or Ifland and PremiiTes with their and every of their Appurtennces Except before Excepted unto the faid John Weft his Heires and Affignes to the Sole and only Proper ufe beneffitt and behoofe of him the faid I29 John Weft his Heires and Affignes forever Yielding Rendring and Paying therefore Yearly & every Yeare unto his moft Sacred Majefty his Heires & Succeffors forever or to fuch Officer or Officers as from time to time fhall be Empowered to Receive the fame the fume of twenty Shillings Currant Mony of New Yorke in Lieu and Stead of all Rents Services Dues Dutyes and Demands whatfoever, to be holden of his moft Sacred Majefty his Heires and Succeffors in free and common foccage according to the Tenure of Eaft Greenwich in the County of Kent in his Majeftyes Kingdom of England: In Teftimony of the Premiffefs I have Caufed thefe Prefents to be Entred and Recorded in the Secretaryes Office and the Seale of this his Majeftyes Province to be hereunto affixed the fixth day of December in the fecond yeare of his faid Majeftyes Reigne, and in the yeare of our Lord God one thoufand fix hundred and Eighty Six. THOMAS DONGAN. I7 130 May it Pleafe your Excellency. The Attorney Generall hath Perufed this Pattent and finds nothing Contained therein Prejudicall to his Matie Intereft. JA: GRAHAM. Examd 9gber 30th 1686. Att a Councill held att ffort James the fixth day of December 1686. Prefent His Excellency the Governour. Major Antho: Brockholls. Mr Fredrick Fflipfon. Mr Steph V. Courtland. Mr John Spragge Major Gervis Baxter. This Pattent was approved off J. SWINTON Clk Councill. Royal Order for the Surrender of Pemaquid to Mafachufettf [Deeds viii-75] James R. Trufty & well beloved wee Greet you well. Whereas wee have thought fitt to dired that our ffort & Gountry of Pema 131 quid in Regard of its diftance from New Yorke bee for the future annexed to & Continued under the Governmt of our territory & dominion of New England our will & pleafure is that you forthwith Deliver or caufe to be delivered our faid ffort & Country of Pemaquid with the Greate Gunns' ammunic6n & ftores of warr together with all other vtenfills & appurtennces belonging to the faid ffort into the hands of our trufty & welbeloved Sr Edmund Androfs Knight our Captaine Generall & Governour in Cheife of our territory & dominion of New England or to the Governour or Commander in Cheife there for the time being or to fuch perfon or perfons as they fhall Impower to receiue the fame and for foe doing this fhall be your warrtt. Given at our Court at Windfor this 19th day of Septr' 686 & in the fecond yeare of our Reigne. By his Matie Comand SUNDERLAND CL, 1 The Great Guns from the Fort at Pemaquid, after being carried to Bofton, were by order of the King in the spring of I691, transferred to New York. (N. Y. Coll. MSS. xxxvii.) 132 Remonftrance againft Surrender of Pemaquid &Ac. [Council Minutes v. zz.] Council Held at ffort James Wednfday ye 28th of March I688 Refolved that an adrefs to his Majti be Drawn up giveing his Majte an account that this Goverment has bin much Diminifhed by takeing away Pemaquid the Jerfeys Penfylvania and the three Lower Countys of Delawar. That this is the Bulwarke of all thefe partes of America that the Revenue is but fmall yett the Charges very great. That Connetticut in his Majtie Pattent from Chares ye 2d is added to Bofton by ye Contrivance of the Governor of it & the Clerke of the Collony & unknown to ye Major parte of ye Collony That ye ffrench warr has Stopt ye beaver trade fo yt without fome fpeedy help this place will be Ruined. 133 Notices of Indian IHoftilities [New-York Colonial MSS. xxxvii.] Extrat from a letter of John Eafton of Rhode Ifland to Col Henry Sloughter Governor of New York; dated June 24. I691. Wee have intelligence that the Eaftward indians & fome ffrench have made an afault vpon ye garifons in and neere the Towne of Wells and have killed about fix perfons therabout. They drove their Cattell together & killed them before their faces. 134 Notice of Capture of Pemaquid by French and Indians [Council Minutes vii. 213.] At a Councel held at his Maties ffort in New Yorke the 23thof Auguft 1696. His Excell did Communicate intelligence from Bofton that the two ffrench Shipps that took the Newport Galley with the affiftance of the Indians have taken Pemaquid ffort & that it is reported by one of the Capts that Count ffrontenac has orders to take Albany & Schenectady with intelligence of a great Squadron of Ships lately feen upon the coaft of Jamaica. % % % % %-( I35 PaJJes. [Paff Book-iv.] Difpatch granted to the Barke Elizabeth Alizander Woodrop Mafter bound for Pemaquid November: ye 29th: 83. Difpatch granted to the Sloope Happy Returne James Barry Commander for Pemaquid & New found Land Aprill 26th i684. Difpatch granted to the Sloope Bloffum Stephen Heacock Comander for Pemaquid May the 22d 1685. Difpatch granted to the Sloope Primrofe John Eureft Mafter for Stratford and offPemaquid New Yorke July the 4th 168 5. Difpatch granted to the fleoop Lewis Francis Baffett Comander for Pemaquid & New found Land [Sept 4 (?) 1685.] 136 Difpatch granted to the Sloope Adventurer Thomas Brookes Commander for Bofton & Pemaquid, June 9gth i686 Lucas Andries. Mafr of the loop Elias Enters the fd loop for Pemaquid with Contents of Loading. [June 20. i68i.] Lawrence Sluce Enters the floop Hopewell himfelfe Mafter ffor Pemquid with Contents of Loading. [Sept Io. I681.] Stephen Hiikott mar of the Sloop Bloffome Enters the fd Sloop for Pemaquid with Contents of Loading [O& 21. i68i.]