USA > Massachusetts > Suffolk County > Boston > History of grants under the great Council for New England: a lecture of a course by members of the Massachusetts Historical Society, delivered before the Lowell Institute, Jan. 15, 1869 > Part 4
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No. 17. - 1630. The Lygonia, or Plough patent, considered to extend from Kennebunk River to Harpswell in Casco Bay, or, as usually stated, from Cape
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Porpoise to Cape Elizabeth, and forty miles inland. Hubbard, Ind. Wars, part ii. p. 9, says the patent was granted in the year 1630, and signed by the Earl of Warwick and Sir Ferdinando Gorges. Willis, Hist. of Portland, p. 29, says he has never " been able to discover this patent, nor ascertain its date, nor who are the patentees." Different names are given in different accounts. An unsuccessful attempt at settlement was made in 1631. In 1643 the patent was transferred to Alexander Rigby, a rich English lawyer, who appointed George Cleaves as his deputy. The contest of conflicting jurisdictions between the representative of Rigby and the representatives of Gorges was only ended when Massachusetts took possession of the whole territory in 1672. Sullivan, Hist. of Me., pp. 309-319; ib., " Land Titles," p. 44; Williamson, Hist. of Me. vol. i. p. 238; Folsom, Hist. of Saco and Biddeford, pp. 26-28.
No. 18. - 1631, March 12. To Edward Hilton, " all that part of the river Piscataqua called Hilton's Point, with the S. side of the said river up to the falls of Squamscot (or Swamscot), and three miles into the mainland for breadth." Following Dr. Belknap and Dr. Palfrey, I stated in the lecture that this grant covered the towns of Dover, Durham, and Stratham. But in the recently pub- lished Provincial Papers of New Hampshire, p. 29, Dr. Bouton, the editor, says, " No document relating to New Hampshire has been so grossly misrep- resented as this. . . . It covered only Hilton's Point; .. . and the whole did not exceed a township five miles square." Its extent and its ownership, in 1656, as shown in a record of partition, by authority of Massachusetts, may be seen in ibid., pp. 221-223.
No. 19. - 1631, Nov. 4, by the Council Records (Willis, and others, say Nov. 1). To Thomas Camminock, fifteen hundred acres, lying upon the mainland along the sea-coast, on the east side of Black Point River. This is now a part of Scarborough, and included Stratton's islands. Possession given in 1633; patent confirmed by Gorges in 1640. The tract is now held under this title. Willis, Hist. of Portland, p. 31.
No. 20. - 1631, Nov. 4. To Richard Bradshaw, " fifteen hundred acres, to be allotted above the head of Pashippscot (Pejepscot), on the north side thereof, not formerly granted to any other." Council Records. This, and the grant to Cammock, were in consideration that the grantees had been living on the premises for some years.
The Council Records of Dec. 2, 1631, say, that Lord Gorges and Sir Ferdi- nando Gorges gave order for two patents, one for Walter Bagnall for a small " island, called Richmond Island, and fifteen hundred acres on the mainland, to be selected by Walter Neale and Richard Vines ; another for Jolin Stratton, of two thousand acres, on the south side of Cape Porpoise, and "on the other side northwards into the south side of the harbor's mouth of Cape Porpoise." Sainsbury's Calendar, p. 137, has it "John Stratton of Shotley, co. Suffolk, and his associates."
Bagnall was at Richmond Island in 1628, where he was killed by the Indians, Oct. 3, 1631 (previous to the date above stated). Willis, Ilist. of Portland, p. 25.
No. 21. - 1631, Nov. 4. To Sir Ferdinando Gorges and Captain John Mason, and their associates, a portion of land on the Piscataqua River, " along the seashore westward five miles, and by an imaginary line into the mainland,
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GREAT COUNCIL FOR NEW ENGLAND.
north to the bounds of a plantation belonging to Edward Hilton ; and the islands within the same river eastward, together with three miles along the shore to the eastward of said river, and opposite to the habitation and plantation where Captain Neale lives, and up into the mainland northerly, by all the breadth aforesaid, thirty miles ; with the lakes at the head of said river." In considera- tion of service formerly done, and the settlement there by Captain Neale, the erection of salt-pans, &c.
They were to pay to the Council forty shillings sterling, payable at the Assurance. House, Royal Exchange, London, if demanded. First payment at the Feast of St. Michael, 1632, "and so for all service from year to year." Abstract in the Council Records. Hubbard, Hist. of N. E., chap. xxxi., says, that in his time, a copy of this indenture was extant at Portsmouth. He makes the date Nov. 3, 1631, and the instrument to be without signature or seal : but he says, " it seems to be of as much force as other instruments of like nature produced on such like accounts at the present time." The Council Records state that the patent was seuled Nov. 4. Hubbard calls the sum to be paid forty-eight pounds per annum, instead of the forty shillings mentioned in the Records. The names of the associates are in Hubbard.
No. 22. - 1631, Dec. 1. To Robert Trelawny and Moses Goodyear, the tract lying between Cammoek's patent " and the bay and river of Casco, and extending northwards into the mainland, so far as the limits and bounds of the lands granted to the said Thomas Cammoek, do and ought to extend towards the north." It was claimed that this grant included Cape Elizabeth, and nearly all the ancient town of Falmouth, and part of Gorham and Richmond island. A contest was maintained, in reference to boundaries, for many years, extending beyond the lives of the first settlers. Willis, Hist. of Portland, pp. 32, 33; Council Records.
No. 23. - 1632, Feb. 29. To Robert Aldworth and Giles Elbridge : first. one hundred acres for every person transported by them within seven years, adjacent to twelve thousand acres, afterwards mentioned, and not lately granted, or settled and inhabited, by any English. Second, twelve thousand acres more to be laid out near the river Pemaquid, along the sea-coast as the coast lieth, and up the river as far as may contain the said twelve thousand acres and the hundred aeres for each person transported, together with all the islands opposite their coast within three leagues into the ocean. In consideration that they have undertaken to build a town, &e. Powers of government, or ad- ministration, are also expressed in the deed, which was signed by the Earl of Warwick and Sir Ferdinando Gorges. Pemaquid, like other territories in Maine, has been a subject of much controversy, and has experienced many vicissitudes. It is said that one of its sons is preparing a history of its fortunes. "Ancient Pemaquid" has already been the subject of an Historical Review, by Mr. Thornton. A notarial copy on parchment of the original deed, and two volumes of the records of its proprietors, from 1743 to 1774, are in the library of the American Antiquarian Society.
No. 24. - 1632, June 16. Under this date, in Mr. Sainsbury's Calendar of Colonial Papers in the State Paper Office, London, is the following entry : " Grant of the Council for New England to George Way and Thomas Purchas,
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of certain lands in New England, called the River Bishopscotte, and all that bounds and limits the mainland adjoining the river to the extent of two miles." By Bishopscotte is meant Pejepscot, now New Brunswick. Purchas, it is said, took possession in 1628, and lived there many years. In 1639, he conveyed the title and jurisdiction to Massachusetts, reserving the interest and possession of such lands as he should use and improve within seven years. Hazard, vol. i. p. 457. The country was depopulated during the Indian war of 1675; after which, Richard Wharton obtained the claims of both Purchas and Way, ex- pecting a confirmation from the King, but died before his plans were completed. See Willis, Hist. of Portland, p. 24; Coll. of Me. Hist. Society, vol. iii. articles v. and vi.
The original deed to Way and Purchas has long since been lost, and no record of it remains. This grant was the subject of a long and bitter contro- versy between the Pejepscot proprietors and other claimants, not finally settled till about 1814. Willis, Hist. of Portland, p. 64, note.
The efforts of the Council to divide New England into provinces, or lord- ships, and distribute these among themselves, remain to be noticed. There are indications that such a design was entertained at an early period; but the charter was found to be defective, and arrangements were soon made for a new one, from which all the patentees who had not paid their dues were to be ex- cluded. To entitle a partner to the benefit of the lands and the privileges of a patentee, a payment of £110 was required. It was voted that delinquents should forfeit all interest under the charter, and their rights and privileges be transferred to persons willing to take their places and make the payments. Not more than half of the original patentees accepted the conditions of mem- bership, and fewer still seem to have redeemed their pledges.
At various dates in the Records, - May 31, 1622, July 24, 1622, June 21, and 26, 1632, - agreements and orders are introduced having in view the assignment of territory, more or less particularly designated, to certain men- bers. But all these orders and agreements, whatever may have been the inten- tions of the Council at the time, were treated as of no validity when they came to surrender the charter to the King. In preparation for that event, they met on the 3d of February, 1634-5, and divided the coast of New England into eight parts ; viz. : --
1st, From the southern limits in the fortieth degree of latitude to Hudson's River.
2d, From Hudson's River to a river or creek (" near a place called Redunes or Reddownes") about sixty miles eastward.
3d, From that river eastward about forty-five miles, to a river or creek called Fresh River.
4th, From the Connecticut River to the Narraganset River, accounted about sixty miles.
5th, From Narraganset River around Cape Cod to Naumkeag (Salem).
6th, From Nammkeag to Piscataqua Harbor and River.
7th, From Piscataqua Harbor to the Kennebec River.
8th, From the Kennebec River to the St. Croix.
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By comparing the Council Records, the " Briefe Narration " of Gorges, and Hubbard's History of New England, we find that the First portion was assigned to the Earl of Arundel (Gorges says Lord Mulgrave, who was originally Lord Sheffield) ; the Second to the Duke of Richmond (in place of the Duke of Lenox) ; the Third to the Earl of Carlisle; the Fourth to Lord Gorges ; the Fifth to the Marquis of Hamilton; the Sixth to Captain John Mason; the Seventh to Sir Ferdinando Gorges; the Eighth to Lord Alexander.
Each of these divisions was to extend back into the interior sixty miles, except the last, which reached to the " river of Canada."
Each division, except the last two, was to have, in addition, ten thousand acres on the " cast part of Sagadahoe." The seventh division was to have with it the north half of the Isles of Shoals and the Istes of Capawock, Nauti- can, &c., near Cape Cod ; and the eighth division the Island called Mattawack, or the Long Island, west of Cape Cod. The south half of the Isles of Shoals was to go with the division of Captain Mason.
There is apparently a space omitted between " Fresh River," wherever that was, and the Connecticut.
These divisions are described with particularity in the Records of the Coun- cil. It is stated that the grants were signed and delivered on the fourteenth day of April ; that, on the eighteenth, leases, for three thousand years, of the several divisions, were made to the persons interested ; and that on the twenty- second, deeds of feofinent were made to them.
To every one that had previously a lawful grant of lands was reserved the freehold with its rights, he " laying down his jura regalia (if he have any) and paying some small acknowledgment, for that he is now to hold his land anew of the proprietor of the division."
It is to be inferred that this remnant of the Council included all who were then desirous, or qualified, to receive assignments of territory.
The account of this division by Hubbard, Ilist. of N. E., chap. xxxi., differs from that in the Records in many important particulars, and is less likely to be correet.
On the 26th of April, 1635, the Council prepared a petition to the King that he would cause patents to be made for the several divisions, to be held imme- diately from himself; and on the 5th of May resolved that the deeds should be acknowledged before a Master in Chancery, and enrolled before the surrender of the charter, and the King be requested to confirm them under the Great Seal ; also to prosecute a suit at low for the repeat of the Massachusetts patent. They also prepared the form of an acceptance for the King to adopt on their surrender of the charter, and a declaration of the reasons on account of which the surrender was made. The formal resignation was dated June 7, 1635.
The acceptance of the surrender may have been held in abeyance for a time, as meetings of the Council are recorded, Nov. 26, 1635, March 22, 1637, and Nov. 1, 1638, at which business was transacted. The Earl of Lindsay de- sired to have a proportion of land allotted to him ; which was assented to, to be " on ye river where the Flemings are seated." above the Duke of Richmond. Lord Maltravers wished for " a degree more in longitude and latitude joining his limits (had he taken the place of some one of the eight grantees ?), which the
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HISTORY OF THE GRANTS FOR NEW ENGLAND.
Council were willing to assent to, if he would declare in what direction he wanted it. The Earl of Sterling's (Lord Alexander's) proportion was carried more distinctly to the Kennebec River; and Lord Gorges, and Sir Ferdinando Gorges, were each allowed sixty miles further up into the mainland.
Our supplement can afford no space for comments or inferences : but it is apparent that no such division as is referred to by Captain John Smith in 1624, and laid down on the map published by Purchas, was recognized by the Council as valid, and that no territorial rights were admitted as having belonged to the Earl of Warwick. The charter of Massachusetts was to be annulled, the entire . coast of New England divided among the eight Proprietary's above named, and all remaining rights and powers belonging to the Grand Patent surrendered to the King, Sir Ferdinando Gorges to be made his Lientenant or Governor over the whole country as a province of the Crown. Political events at home pre- vented the accomplishment of this design. Captain John Mason and Sir Ferdi- nando Gorges alone contrived to secure permanent advantages to themselves. No other executed deed of any of the proposed divisions has come down to us but that to Mason, April 22, 1635, without, however, a confirmation from the King. Gorges received his division, with the additional sixty miles into the interior, in the form of a charter from the Crown, dated April 3, 1639. Obscurity of descrip- tion, the overlapping of boundaries in different deeds, the introduction of powers which the Council could not legally confer (such as those of government and administration), and imperfect execution, seem to have rendered most of their early grants unsound in their own estimation ; and perhaps all of them would have proved to be void or voidable if subjected to a strict legal test. It will simplify the subject, if we strike from the list of those which preceded the final division the first eight and the thirteenth as of no subsequent con- sequence, and rest the claims of Mason and Gorges upon the deeds to Mason of Nov. 7, 1629 and April 22, 1635, and the charter to Gorges of April 3, 1639, as some of their representatives appear to have done (see Prov. Papers of N.HI. . p. 28, note). Massachusetts ultimately took the place of these great proprietors, and extended her jurisdiction over most of the territory covering the minor patents, whose adjustment among the parties interested was the work of much time, and a great deal of law.
NOTE.
In Hubbard's History of N. E., pp. 231-2, is what purports to be an attested copy of so much of the agreement for a division among themselves, by the Council, as relates to the portion assigned to Captain John Mason. It is signed by the other seven Council members. It contains also the paragraphs which, in the Records of the Council, precede and follow the list and descriptions of the several divisions ; and an error in copying the first paragraph has increased the confusion heretofore attending this subject. The agreement, as the Records show, was dated Feb. 3, 1634 ; and the copyist of Hubbard's document introduced that date into the first paragraph. which alludes to an attempt in the lifetime of King James, and in his presence, to effect a similar division, making it appear as if the attempt occurred on that date. In the second edition of Hubbard. the editor, Mr. Barris, observing that there must be a mistake, . altered the figures from 1634 to 1924; a wore error, as it has led to the belief that a division was actu- ally made on the 3d of February, 1024. The Records mention no such date.
It is proper to state, that the original Records of the Council for New England are not extant. The copy printed by the American Antiquarian Society, in 1997, was obtained by me in London, at the State Paper Office, where the parts so recovered exist in the form of a transcript, apparently made for a judi- cial purpose. Our historians were already familiar with them there.
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