USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 11
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MONQUINE alias NATAHANADA. [his mark.]
In the presence of THOMAS SOUTHWORTH and GEORGE WATSON, also
Consent of Agodoademago (his mark) and Tassuck (his mark), brother of Matahanada, to the above sale in the presence of John Winslow, George Watson and Wm Hartopp,
also
Declaration of John Winslow and George Watson, that they were . present when payment was made at Kenebeck to Monquine, &c. &c. Sworn 1672 June 29, before John Leverett with other certificates. (4 f.)
1665 July 8.
Confirmation of the sale of lands (upon both sides of Kennebeck river) to William Bradford and others by the Indian Baggadussett, who laid claim to the said lands. Signed Baggadusett (his mark) in the pre- sence of Josias Winslow, Alex. Browne and Froglis Bonvil, with marks of other Indians attesting. (4 f.)
1753 June 15.
Deposition of Samuel Goodwin of Charlestown, Co. Middlesex, in the employ of the proprietors of the tract of land, purchased of New Ply- mouth by Antipas Boyes and Compy. Stating that while engaged in settling a town on the east side of Kennebeck River a little above . Richmond Fort, he had some conversation with the Indians who declared,
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RELATING TO MAINE.
they would not suffer any more settlements to be made higher up the said River than were already made, and that the French had told them not to let the English settle any further up the river, &c. &c. (7 f.)
1753 Apr. 14.
Deposition of John North, resident at Pemaquid Fort, testifying to the site of Nehumkeeg falls, viz. that it is about seven miles above the head of Swan island and Richmond Fort and the east side of Kenne- beck river, with attestation to the truth of the declaration, &c.
(5 f.)
1753 Jan" 31.
A printed pamphlet thus headed, Remarks on the plan and extracts of deeds, lately published by the proprietors of the township of Bruns- wick (as they term themselves) agreable to their vote of January 4th 1753, (8 pages.)
A Conspectus or clear view of the laws in any way affecting the titles and conveyances to lands in the eastern part of the province, which have occasioned Controversies and disputes being claimed, by virtue of ancient grants from the native Indians.
(printed 4 pages.)
1753 Mar. 28.
A pamphlet, entitled : An answer to the remarks of the Plymouth Compy or (as they call themselves) the Proprietors of the Kennebeck purchase from the late Colony of New Plymouth, published by the virtue of their Vote of 31st of January last, on the plan and extracts of deeds, published by the proprietors of the township of Brunswick, &c. (33 pages.)
1753 Sept. 5.
Printed pamphlet, entitled A Defence of the remarks of the Ply- mouth Company on the plan and Extracts of deeds published by the proprietors (as they term themselves) of the township of Brunswick. (50 pages.)
N. B. The foregoing printed pamphlets are underlined with a pen in many parts.
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[1755]
Draft case of the Kennebeck Company.
Fair copy of the same, endorsed thus ["Drª case of the Kennebeck Co. 1755, Aug. 27. Fair copy, made with a plan drawn out to annex -- altered."]
N. B. Both the draft and the fair copy, contain a great many erasures, alterations and interlineations.
1755 Sept. 20.
A paper dated and signed " W. Murray ", touching the Kennebeck grant. Also opinion with regard to appeals to the Crown. (8 f.)
[probably belonging to the foregoing.]
1755 Sept. 8.
Case of the Kennebeck Company. Transcribed fair for the Attorney Gen's opinion with a fee of five Guineas (with erasures and marginal annotations.) A memorandum in dorso mentions, that on 15 Sept. it was laid before him again with two additional queries and a fee of two guineas.
1755 Sept. 8.
Case of the Kennebeck Company. Another fair copy for Mr Attor- ney Gen's opinion on additional queries.
Appeal case, to be heard before the Rt Honble the Lords of the Com- mittee of Council at the Council Chamber, Cockpit, Whitehall. Thomas Dudley, Appellt, Sam1 Scarborough and wife and others respondts. Gi- ves an abstract of the will of Joseph Dudley of Roxbury in Massachu- setts Bay, Esqr. &c. (abt 28 f.)
1753 June 13. Boston.
Certificate (under seal) signed Spencer Phips, Lieutt Governor and Commander in chief of the province of Massachusetts Bay, that Josiah Cotton Esq. is Register for the County of Plymouth, and that Mr Tho- mas Clarke is Deputy secretary of the province of Massachusetts Bay -
(3 f.)
1751
A printed pamphlet, having for the title A Patent for Plymouth in New England, to which is annexed Extracts from the Records of that colony, &c. (20 pages.)
{with marginal Ms. notes and emendations.]
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RELATING TO MAINE.
A similar printed paper to that specified at p. 36, but with the addi- tion of some MS. alterations. (4 pages.)
[1646]
Copy of the surrender of William Bradford, of his right and title &e., together with the letters patents in public Court to Nathaniel Souther, especially authorized by the whole Court to receive the same. (14 f.)
1660 Oct. 27.
Copy of Deed of indenture between the general Court for the juris- diction of Plymouth, N. England, and Antipas Boyes and others.
At foot is
Another short document respecting the sale of Kennebeck. (22 f.)
[These are transcribed from the ancient records of Plymouth Colony and attested as examined with the originals by Josiah Cotton, Regr. ]
1752 Dec. 14.
Copy of petition, bearing 440 signatures, addressed to the Honble Spencer Phips, Lieut-governor &c. &c., shewing that the inhabitants of the tract of land on both sides of Kennebeck river had the privilege of holding a court within that district &c., that of later times the courts of justice held in and for the Co. of York have exercised jurisdiction not only over petitioners tract aforesaid, but over all lands lying to the eastward thereof, &c., pray that petitioners' tract may be made a distinct and separate County with the usual privileges, &c. (22 f.)
1766-69
A List of the Gentlemen of the Council of Massachusetts Bay, who have been turned out of the Council since the Repeal of the Stamp Act. (2 f.)
1764-68
Brief Extracts of letters from Govr Bernard.
1766-69 (5 f.)
Extracts of letters from secretaries of State to Governor Bernard.
Extracts from the Journals of the House of Representatives of Massa- chusetts Bay. 1761-64.
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NEW ENGLAND ENTRY BOOK No. 33. -
Memorandum concerning the province of Main.
PROVINCE OF MAIN.
The King by his letters Patents constitutes a Corporation by the name of the Massachusetts Bay with the grant of a Tract of Land in N. Eng- land, whereof the boundaries are specified.
On pretence of wch boundaries that Corporation some years past pos- sessed themselves of two other neighbouring provinces belonging to their respective proprietors.
Wch proprietors having lately appealed to his Maty in Councill for relief had judgment given them by his Maty for the restitution of their proprieties.
In the mean time that Corporation bargains with one of the proprie- tors for his province and twelve hundred pounds, possessed themselves by deeds in the name of certain merchants of New England, and have since that time exercised a jurisdiction in the province of Main and laid Taxes in the name of ye Proprietor.
In the mean time the Corporation is dissolved by judgment upon a seire facias.
Qre, whether the province of Main do not likewise devolve to his Maty.
THE OPINION OF MR ATTORNEY THEREON.
Upon consideration of this case I conceive the trust of the Governm' of the province of Main, wch was in the Corporation is devolved to the King, and as to the trust of the propriety of any lands there not sold to private proprietors, I conceive the same will be attendant upon such government his Maty shall appoint there towards defraying the charge thereof, it being a trust for a corporation for the government of that place.
R. SAWYER.
Received 17 November, 1684.
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MEMORAND. That on the petition of Richard Wharton for a grant of lands in the Province of Main the following order of Councill was made.
At the Court at Whitehall this 20th day of March, 1684.
By the King's most excellent Maty and the Lords of his. Matys most honoble privy Councill.
RICHD WHARTON CONCERNING THE PROVINCE OF MAIN, REFERRED BY ORDER OF COUNCILL.
Upon reading this day at the Board the petition of Richard Wbar- ton of Boston, in N. England, praying his Maty to take into his Royal protection and Governint divers lands, islands and other places within his Matys province of Main in N. England (heretofore purchased by him from sundry of his Matys subjects and from the ancient Indian Pro- prietors) under such quit rents and acknowledgmts and name to the place (being of great extent and profit for the cod and other advan- tageous Fisherys) as his Maty should think fit, with confirmation of the said lands and such immunities and priviledges as may encourage the Petr and his friends to lay out their estates in the designed improvemts thereof. His Maty pleased to order that this petition (a copy whereof is hereunto annexed) be and it is hereby referred to the Rt Honoble the Lords of the Committee for Trade and plantatus to take the same into consideration and to report to his Maty at this Board what their Lops think fit for his Maty to do thereupon and then his Maty will declare his further pleasure.
Md 5th May 1685.
MR WHARTON.
Upon consideration whereof their Lops think fitt, that Mr Wharton may have any advantages he shall desire provided others being his Matys subjects, may injoy ye same and receive no prejudice by his graunt.
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NEW HAMPSHIRE.
1700 Apr. 11. Boston.
Memorial of Col. Wolfgang W. Romer, his Matys chief Engineer in America, touching the five rivers. Addressed to the Earl of Bellemont. Captu Gen' and Governor in chief of his Matys provinces of Massachu - setts Bay, N. York and N. Hampshire.
KENNEBECK RIVER.
This river is a fine one and convenient for great ships when they are once got two leagues within the islands that are before its mouth, which islands lie to ye maine sea, they are then safe from all danger. and afterward the river is navigable for great ships up as far as Newtown. and tho' it be navigable higher up yet this is somewhat hazardous by reason of the little island and rocks which lye in the middle of the ri- ver whose rapid course makes it stil more hazardous for ships.
As to the soil that of Rowsick Island on weh Newtown formerly stood is very good, and so is the land that lies towards the west and south- west along the sd river. There are also several excellent meadows thereabout. Your Lordp. will see in the Chart the course and depth of the sd river.
There was never any other fortification but that at Newtown, which was a small square Fort palisado'd. Therefore I have mark'd on the Chart the places which ought to be fortified, not only for the defence of the mouths of the river, but also for that of the river itselfe within the country, and this last I hold very necessary, because the savages have , two Forts at the head of the river which are cal'd Naridgwack and Comewquantick. They have two Jesuits in each Fort which do great hurt to the Kings interest and that of the publick, because they instil into those people an aversion and hatred for his Maty and his subjects. Before the war there was a palisado'd Fort on Damarascove island for defence of the Fishermen and a litle higher there was another place. called Capenewagin, where the people cured their Fish and two harbours where they secured their vessel- from storms, and the those harbours lie open to the sea yet in case of necessity they serve the turn, when the fishermen cannot get into Kennebeck river.
.
DEFENCE
OF
SIR FERDINANDO GORGES
AGAINST A CHARGE OF
HAVING BETRAYED THE EARL OF ESSEX,
WRITTEN BY HIMSELF.
From a MS. in the British Museum.
With a letter from JOHN BRUCE, Esq., Treasurer of the Society of Anti- quaries, London, to JOHN PAYNE COLLIER, Esq., Vice President of the same Society, communicating the MS. for publication in the Archaeologia, Vol. XXXIII
DEFENCE
OF
SIR FERDINANDO GORGES ..
5, Upper Gloucester Street, Dorset Square, 18th December 1849.
MY DEAR MR. VICE-PRESIDENT,
AMONG the many striking incidents which occurred during the trial of Robert Earl of Essex in 1601, none seem to have more strongly at- tracted the attention of the people than those which relate to the evi- dence and conduct of Sir Ferdinando Gorges. The testimony of Sir Ferdinando excited the impetuous Earl much more than the ungenerous selfishness of Bacon, and almost as much as the vituperation of Sir Ed- ward Coke, or the sudden interference of Sir Robert Cecil. When I first heard, Mr. Vice-President, that you were engaged upon a life of the Earl of Essex, you may remember that I mentioned to you, that there existed in the Cotton Collection of MSS. a paper written by Sir Ferdinando, purporting to be his defence against the popular clamour raised against him for his conduct towards the Earl. I should have preferred that you should yourself have been the first to print this pa. per in your forthcoming work; but, upon your assurance that it will be more agreeable to you that I should communicate it to the Society of Antiquaries, I now send you a transcript of it, and will thank you to lay it before the Society. I shall accompany it with a comparatively brief comment, in the hope that the whole subject will shortly be fully treated by yourself.
It is now many years since I first became acquainted with this MS. I am not aware that it has been used by historical writers, nor indeed that it has been noticed by any one, save by Mr. Cayley in his life of Sir Walter Raleigh, and by that diligent and accurate searcher into historical antiquities, Mr. Jardine, in the first volume of his excellent collection of Criminal Trials. Mr. Cayley extracted one paragraph from it; and Mr. Jardine described it as being a spirited and wellwritten defence, but without giving any extracts or any further particulars of
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its contents. It seems to me that it well merits all that Mr. Jardine has said in its commendation, and fully deserves to be added to the many invaluable historical documents which have been printed, from time to time, in the Archeologia.
The evidence of Sir Ferdinando Gorges consisted of two examinations, or confessions, dated the 16th and 18th February, 1600-1. The origi- nals still exist in the State Paper Office. They can only be read, with any accuracy, in Mr. Jardine's account of the Trial of the Earl of Essex. All the other narratives are so imperfect, and one of them-that by Bacon-(I fear it must be decidedly stated) is so shamefully garbled, that no reliance can be placed upon any of them.
Sir Ferdinando's first examination sets forth that, being absent from London, no doubt at Plymouth, of which place he was the queen's go- vernor, the Earl of Essex wrote him a letter full of complaint of his usage by the court, and desired him to repair to town by the 2nd of February. He came up accordingly, and reached London on that day. He waited upon the Earl that same night, and saw him, privately, two or three times in the course of the week following. He details several discussions which took place in the course of the night of Saturday the 7th February, after the Earl had determined to resort to arms, respect ing the course which ought to be adopted. He also states various cir- cumstances of no very great moment, respecting the proceedings of the 8th -" the rebellion unius diei," as it was termed in scorn by Queen Elizabeth.
Sir Ferdinando's second examination relates to an entirely new sub- ject, and one of fatal import to the Earl of Essex. In it, Sir Ferdinando states that he was present, on the request of the Earl, at a meeting of the Earl's friends held on the Tuesday before the insurrection. At that meeting the persons assembled -the conspirators as they may be justly termed-were encouraged by the production of a list of one hundred and twenty "Earls, Barons, Knights, and Gentlemen," whom the Earl reckoned upon as his friends. Three projects were submitted to the meeting for their decision. 1st. Should they begin by attempting the Tower, or the Court? Or, 2nd. Should they first rouse the City ? Or, . 3d. Should they make a simultaneous attack upon both the Tower and the Court ? After considerable discussion the general opinion seemed to incline towards making their first attempt upon the Court, and Sir John Davis proceeded to assign the places of the several leaders. Sir Ferdinando's examination continues as follows, in a passage altogether omitted by Bacon. "Having proceeded thus far, I was asked what I
was ap:
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thought of it; my answer was, I utterly disliked that course, for besides the horror of it wherewith I found myself afflicted, I saw an impossibi- lity for that means to accomplish it. The means they did urge to be sufficient, for, as they seemed to assure themselves, the greatest resis- tance that was likely to be made was by the guard ; and of many of them there was no doubt to be had, for they had been my Lord's ser- vants. Notwithstanding, I would not condescend to that course; where- upon my Lord of Southampton, in a kind of passion, demanded this, ' Shall we resolve upon nothing, then ? It is three months or more since we first undertook this.' My reply was, 'It was more than I knew.' I was demanded what I could then advise that my Lord should do? 'If there be a necessity,' I answered, ' that he must do something, let him stir his friends in the City, of whom you say he is so well assured.' This was so evit liked of. that we brake up, and resolved of nothing, but referred all to my Lord of Essex himself. After this I never saw my Lord, nor heard anything from him, until Saturday night; when he resolved the next day to put in practice the moving of his friends in the City, upon the occasion aforesaid; and of my opinion was Mr. Littleton. " a
This portentous testimony seems to have stung the Earl of Essex to the quick. He saw instantly its deadly bearing, and set himself to counteract the effect which it was calculated to produce upon the peers. Up to this moment the evidence had been given, not viva voce, but, according to the common practice of that time, by reading written examinations of the witnesses. The Earl challenged the production of Sir Ferdinando "face to face." Sir Ferdinando was sent for, and the Court waited for his appearance. He arrived in custody, and was brought into Court. The Earl met the glance of his late confederate with features, as Camden remarks, pale and discomposed. The haught- iness with which he had outfaced and outwrangled Sir Edward Coke altogether disappeared, and with obvious sorrow, as well as anger, he proceeded, not to deny the main facts alleged in the evidence of Sir Ferdinando-that he never did-but to insinuate doubts as to his hon- esty. "Good Sir Ferdinando, " remarked Essex, " I pray thee speak openly whatsoever thou dost remember; with all my heart I desire thee to speak freely ; I see thou desirest to live, and if it please her Majesty to be merciful unto you I shall be glad, and will pray for it; yet, I pray thee, speak like a man." Sir Ferdinando referred to his examination as containing all that he could remember : "Further, " he added, , I .
a Jardine, pp. 333, 334. 15
.
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cannot say." Essex rejoined, "Sir Ferdinando, I wish you might speak anything that might do yourself good ; but remember your reputation, and that you are a gentleman. I pray you answer me: "Did you advise me to leave my enterprize?"
Sir Ferdinando answered, "My Lord, I think [ did.".
" Nay," said Essex, instantly taking advantage of the slip,. " It is no time to answer now upon thinking; these are not things to be forgotten. Did you indeed so counsel me? "
One can enter into the feeling of anxiety with which the reply was waited for. Sir Ferdinando seems to have shrunk before the super_ cilions and indignant bearing of the Earl, but his answer was decided "I did."
Turning from the fatal witness to the peers, Essex exclaimed, "My Lords, look upon Sir Ferdinando, and see if he looks like himself. All the world shall see, by my death and his life, whose testimony is the truest."
A few words passed between the Earl of Southampton and Gorges, and then, it is stated in the account of the trial, "Sir F. Gorges with- drew :" it was under the imputation, and with the general belief, that he had sold himself to the enemies of his patron and political chief, and had secured his own safety by straining his testimony against the im petuous but high-minded Earl.
This was only one of the popular charges against Sir Ferdinando. It will be remembered that when rumours came to the court, on the morn- ing of Sunday the 8th February, that Essex was gathering his adherents and fortifying his house, the Lord Keeper Egerton, the Lord Chief Justice Popham, Sir William Knollys, and the Earl of Worcester were sent to the Earl to demand an explanation of his intentions, and to charge him on his allegiance to disband his followers. After some delay the noble messengers were admitted at the wicket-gate of Essex House, but they were admitted alone, all their servants being kept out. In the courtyard they found themselves in the midst of a tumultuous assembly, which greeted them with threats and exclamations of "Kill them ! Kill them !" Essex interfered. He silenced the ferocious clamours of his desperate band, but let the dignified ambassadors within doors, and there made them his prisoners. They were committed to the custody of a party of musketeers, commanded by three gentlemen, of whom one was Francis Tresham, afterwards concerned in the Gunpowder Plot. Essex then immediately sallied forth to make his attempt to rome the city. As soon as it became clear that he should fail, his mind
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RELATING TO MAINE.
reverted to his noble prisoners in Essex House. Hemmed in on every side, it seemed scarcely possible for any one to get out of the city to communicate with them, but Essex directed Sir Ferdinando Gorges to make the attempt, and, if he succeeded, to release the Lord Chief Jus- tice, and request him to accompany Gorges to her Majesty and inform her what was really the Earl's design. Gorges accomplished his errand ; but, when he proposed the intended mission to the Lord Chief Justice, the stout legal functionary boldly refused to accept his liberty, unless his fellow.prisoner the Lord Keeper, was also permitted to depart. Gor- ges declared that he thought the Earl's design would be best accomp- lished by releasing all the prisoners, and he accordingly did so. Essex's friends were of opinion that Gorges did wrong, and suspected that he overstepped his commission in order to ground a claim for mercy to himself. They argued that these prisoners were hostages in the Earl's hands ; that so long as he had them in his custody he had the power of making terms for himself; when they were gone, the Earl was at the mercy of his enemies. This was a second charge against Gorges.
A third charge against him arose out of a meeting between himself and Sir Walter Raleigh. Raleigh was one of the earliest to hear of the Earl's wild intentions. Sir Ferdinando was his relation. Raleigh sent to him, early on the morning of the insurrection, to come in all haste to Durham House, to speak with him. Gorges communicated the message to the Earl, who consented that he should go, but directed him to hold his interview, not in Durham House, but on the Thames. He did so, and the following is Gorges's account of what took place. "As for the conference that past between Sir Walter Raleigh and myself, it was only this. I protest to the Almighty God! When his boat came to ine (he being all alone, and I having with me two gentlemen) he told me that he had sent for me to admonish ine to make all haste out of the town, down to my charge, for that there was a warrant out for the sending me to the Fleet. For his kind advertisement I gave him thanks, but told him withall (for that I knew the present occasion would presently discover itself) that it came too late, for I had engaged my- self in another matter. He further inquiring of me what it was, I told him there were two thousand gentlemen that had resolved that day to live or die free men. He pronounced unto me that he heard not of it until that morning, but did not see what they were able to do against the Queen's authority. My answer was, it was the abusing of that by him and others that made so many honest men resolve to seek a reform- ation thereof. Ifis reply was, that no man was without a colour for
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their intent, and therefore advised me to look unto myself and to re- member my duty and allegiance. Tanswered, I knew not any man that did not more respect his allegiance than his life, as the end would make apparent ; and thus he parted to the Court and I to Essex House." The people, with whom Essex was extremely popular, suspected that at this interview Gorges contrived to communicate to " the fox", as Essex termed Sir Walter Raleigh, the particulars of the Earl's intended move- ments, and thus enabled the government to make timely preparation to receive him. Gorges declares that he did not leave Essex House to meet Raleigh until nine o'clock, by which time "it is well known the Queen and Lords were already advertised of the Earl's preparations, and had given order for drawing men from the villages about the city for the present defence of her Majesty's person, and resolved that cer- tain of the Lords of the Council should go to Essex House."
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