USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13
13
RELATING TO MAINE.
for his first Steward or Governor, Capt Walter Neale. He continued until 1633, when he was succeeded by Captr Henry Jocelyne, who con- tinued until 1638. Before that time John Mason died, having expended 20000₺, leaving a widow Anne executrix during the minority of his grandson Robt. Aº 1638 Anne Mason sent over Capt Francis Norton, who exercised his office very unfaithfully until 1650, in which year Joseph Mason was appointed by Anne Mason, receiving instructions to call to account Norton on account of appropriation of the property to his own use. Upon legal proceedings being taken, Norton to avoid payment went into Massachusetts and combining with others of bad principle incited the Massachusetts to seize upon New Hampshire, which design was encouraged by Frost, Cromwell's Secretary, Aº 1652. The loyal inhabitants being compelled to submit, Joseph Mason in the year following as agent for Anne Mason petitioned the Gen1. Court of Massa- chusetts for redress, offering to make out the title of the heirs of John Mason to the province. Aº 1660 Robert Mason (the heir) petitioned . the King to send a Gen1 Governor to New England to bound each pro- vince &c., offering to resign his grant to his Majesty, but nothing was done therein. Aº 1661 Robt Mason again petitioned the King for relief against the Massachusetts; enquiry into and hearing of the matter being appointed, John Leverett appeared on behalf of the Massachusetts : the damages being laid at 5000€. Aº 1664 Commissioners appointed to settle New England affairs, who not finding at Boston due reception went in 1665 into the provinces of Hampshire and Maine, where they met with a welcome reception and a ready compliance to his Majesty's letters; and upon a general meeting of the inhabitants the province was declared out of the government of the Massachusetts. The commis- sioners having been into most parts of the province as well as of Maine to find the inclination of the people, acknowledge that they repudiate the Massachusetts and adhere to the hope of a speedy settlement by the Govt of England. Aº 1667 Letters to Robert Mason assuring him of the desire of the inhabitants of both provinces to comply with the King's pleasure in settling a government. Aº 1671 Robert Mason with Ferdinando Gorges, proprietor of the province of Maine, petitions the King for the settlement of New England and restoring the petitioners to their just rights; the same was referred to the Council for foreign plantations, who in a report (August 1671) advised his Majesty to send Commissioners to New England to examine the differences touching boundaries and amicably to adjust the same, which was assented to, the Council obliging Mr Mason and Mr Gorges not to sell their interests in New England without his Majesty's leave. Aº 1672 The war with
14
EARLY DOCUMENTS.
Holland put a stop to the Commission. But letters dated August in that year from Francis Champernoun and H. Jocelyne shew the earnest desire of the two provinces aforesaid to have his Majesty's Govt settled. Aº 1674 The war with Holland being ended, Robt Mason and Ferdi- nando Gorges renew their petition to the King and propose assigning their grants to his Majesty, taking others with less privileges. All which is submitted to the King and privy Council. (38 f.)
1677
Document entitled "The case of the Governor & Company of the Massachusetts Colony in New England."-14. Jas 1 3 Novr The tract of New England granted to forty Lords and others by the name of the Council of New England and established at Plymouth .- 1628 Mar 19 the Council grant the Colony of Massachusetts to Roswell and others .- 4 Mar. 4 Chas 1. the said grant confirmed. Mr Mason lays claim to the government of New Hampshire under a grant dated 9 Mar. 1621 and other subsequent grants .- Mr Gorges pretends to the government of Maine by grants &e. Confirmed by letters patent of the King in 1635. -Aº 1677 The matter referred to the two Lords Chief Justices. The Chief Justices after hearing all sides report to the King that they could give no opinion as to the right to the soil of New Hampshire and Maine not having the proper parties before them, &c. &c. As to Mr Mason's right of Government, both their Lordships and his own Counsel agreed that he had none. Four towns part of Mr Mason's claim excluded from the bounds of the Massachusetts. This report was confirmed by his Ma- jesty in Council. Soon after it was signified to the Colony from the Lord Chancellor that the King had issued his pardon for coining, &e. and granted license for coining in future .- The four towns, Dover, Ports- mouth, Exeter, and Hampton excluded the government of the Massa- chusetts, and Mr Mason having no right to govern there, petition the King to be placed under the Massachusetts Govt as they have been for 40 years part. The agents for the colony also petition the King to grant the same and give especial reasons wherefore .- This petition was refer- red to the Committee for Trade. Upon this a contra petition in the names of Mr Mason and Mr Gorges against the grant desired by the Company, the former offering to surrender his right to the King. Mr Gorges also makes the same offer, but upon examination disowns the petition. The agents having spent fifteen months in this business, and their private affairs calling for their return home, pray a hearing of these matters before the said Committee &c. (14 f.)
---
15
RELATING TO MAINE.
[1683?]
Petition of the Inhabitants of Maine to King Charles 2nd.
To our dread sovereigne Charles the Second King of England &c. The humble address and petition of your subjects the inhabitants of the province of Maine in New England.
Sheweth,
Whereas your father King Charles the first of blessed memory was pleased of his grace to graunt to Sr Ferdinando Gorge and his heyres a pattin for the province of Maine in New England, And which since your goodness hath been pleased to confirme And under that gover- ment wee the inhabitants aforesaid your subjects have peaceably lived untill the Mathatusetts took dominion over us by vertue of theyr pre- tended pattin right. And whereas Ferdinando Gorge one of the heyres of Sr Ferdinando Gorge hath claymed the said pattin and the inhabitants thereof have formerly submitted thereunto for some yeares untill by vertue of your Majesties letters directed to the Mathatusets and the people of the sayd province of Maine requiring a surrender of the go- verment therof to Ferdinando Gorge which was obstructed by the Ma- thatutes authority And allthough by vertue of your majesties commi- tioners authority they comming over about the same time who stated us under your immediate authority but soon obstructed by the above mentioned Mathatusets authority again and since which time the Matha- tusets haveing purchased the sayd patten do yet regulate according to theyr owne charter and not according to the pattin right of sayd pro- vince, who allsoe imposeing laws on us contrary to our patten right both in eclesiasticks and civills in drawing us out from hence to Boston and confiscating or demolishing all houseing where in wee may worship God except allowed by themselves-
Your poor subjects now lyeing under the burthen of so many griev- ances earnestly petition your Majesty that wee may bee reinstated and settled under your owne immediate authority and no other.
PETER GRANT GEORGE GRAY
JAMES GRANT JOY NASON
JOHN KEY JOHN SEARLE
CLEMENT SHORT
JOHN NEALE
NIVEN AGNEW
WILLIAM FURBISH
NATHAN LORD Sen" CHRISTOPHER BATT
MILES THOMSON NATHAN BEDFORD
RICH. NASON
WALTER RENDEL
16
EARLY DOCUMENTS
JONATHAN NASON
DIGGERIE JEFFREY
NICHO. HODSDEN
JAMES WIGGONS Sent
JOHN GREENE Sen"
JAMES WIGGONS Jun"
NATHANIEL LORD
RICE THOMAS
BENNONI HODSDEN
NIC. SHAPLEIGHI
JOHN TAYLOR
DENNIS DOWNING Sinyour (SENR)
JAMES WAREN
JOSHUA DOWNING
ALEXANDER COOPER JEAMIS TOBEE
ANDREW SARLE
THOMAS HANCOME
RICH. CUTTS RICHARD WHITT (WHITE ?)
WILL. SCRIVEN
FRAN. CHAMPERNOWNE
WILL. ROGERS
FRAN. MORGAN
1671 June 21.
Council Minutes for foreign plantations.
Col. CARTWRIGHT, one of the Commissioners for hearing appeals in New England, attended and informed the Council on several points- That the said Commissioners had sent a map of New England and a book of 111 pages in folio (containing narrative of their pro- ceeding and observations relating to the several colonies) to the king at Oxford in 1665. That another copy was given to Lord Arlington. In- formation respecting the country also touching the coining of money -- also notes concerning the shipping and land forces. An item among the latter mentions " men able to beare arms in the province of Mayne, 1000." (5 f.)
1672 Dec. 17. Piscattaqua River.
Letter to the king signed NICHOLAS SHAPLEIGH upon the subject of cutting mast-trees in the province of Maine upon land appertaining to Ferdinando Gorges, which mast trees had been granted to himself and another friend. The government of Gorges being wholly set aside and jurisdiction of the Bay of Boston exercised there, he fears the mast trees will be entirely destroyed-desires the prohibition of the king respecting the same. (10 f.)
1688 Oct. 20.
Printed proclamation signed E. ANDROS-Several of the inhabitants of the province of Maine and the County of Cornwall in New England having been murdered by Indians, it is ordered to set at liberty such of his Majesty's subjects as are at present detained by Indians, and all concerned in the murders aforesaid are required to surrender themselves. (7 f.)
1
17
RELATING TO MAINE.
NEW ENGLAND ENTRY BOOK, No. 32. 1674-5 Mar. 12. Whitehall.
Privy Council Minutes, &c.
Read the petitions of Ferdinando Gorges and Robert Mason, com- plaining of their being dispossessed by the unjust dealings of the Massachu- setts of their inheritances in the provinces of Maine and New Hamp- shire. Ordered, that the Committee for Trade &c. do take it into their considerations on the 14th and report opinion there upon to his Majesty in Council. (2 f.)
Petition of ROBERT MASON to the King and Privy Council, prays, to be restored to the possession of his inheritance in New Hampshire, which has been violently wrested from him by the Massachusetts.
(7 f.)
Petition of FERDINANDO GORGES to the King and Council, praying to be restored to his inheritance in the province of Maine, which since it descended to him he has enjoyed possession of for many years through the means of Commissioners by him appointed, some of whom have been imprisoned by the Massachusetts who have wrongfully assumed the government thereof. (5 f.)
The foregoing petitions being read, Mr MASON presents their Lord- ships with a report of the 15th of February 1661, touching this matter, having reference to the petitions of Robert Mason and Edward Godfrey to the following effect, viz.
1
That from divers letters patents and examination of witnesses they find that John Mason, grandfather of Robert Mason, laid out great sums of money in settling the plantations, &c. That Edward Godfrey lived there for 25 years and discharged the office of the Governor of the province of Maine with integrity and justice according to the settled laws of this kingdom -that he has been dispossessed of his lands and office by the Massachusetts who encroaching upon petitioner's inheritance have compelled submission to their usurped government. Refers also to the endeavours of the last named colony to erect themselves into a free state or commonwealth, & their declaration that they would rather sell their colony to the King of Spain than submit to any appeal to England. That there doth not appear any pretence for the assumed authority of the Massachusetts &c. Signed ROBERT MASON-JOAN EXTON-G. SWEET-WILLIAM TURNER - Sir RICH" FORD. * (13 f.)
* This document is found entire in Belknap's Hist. of New Hampshire, Appendix No. 16. The signatures differ.
3
18
EARLY DOCUMENTS
Mr Mason, having opened many points by his discourse concerning New England, their Lordships ordered him to bring at their next meet- ing the state of his case in writing and to set forth his proposals and the conditions he would insist on according to what he had intim- ated touching some overtures made by him lately to his Majesty about surrendering his interest in New England, did on the 1st of May follow- ing present a paper of proposals which were then read, bearing the follow- ing purport-In order to establish his Majesty's interests in New Eng- land, it seems advisable upon the grounds of the petitions of Gorges and Mason that the King should interpose his authority by way of media- tion. That Commissioners to the number of five be appointed to re- concile all differences, &c. The said Commissioners to proceed first to Portsmouth where are located persons of good estate and well disposed towards the king. On their arrival in New England they are to summon the inhabitants of Hampshire and Maine to hear the com- mission read, to dispatch a messenger with the King's letter to Mas- sachusetts, and to appoint a town in New Hampshire for the place of the treaty. The Commissioners are further to make acquaintance with the chiefest and best inclined persons in the two provinces of Hamp- shire and Maine and make known to them his Majesty's intentions, &c. -If necessary for the Commissioners to proceed to any other part of New England, power is given them to leave any one of their number in such place as they may find requisite and to add others to the Commis- sion.
(25 f.)
. Draught of his Majesty's declaration to the inhabitans of New Eng- land. For the peace and union of the provinces and taking into con- sideration the petitions of Gorges and Mason, is pleased to appoint Commissioners to repair there forthwith for the purpose of reconciling the differences, &e., and to return after three months' stay. If it be found impracticable to effect this purpose, the parties disagreeing shall be re- quired to elect some persons as their Agents to represent them to his Majesty. The petitioners are required by themselves or deputies to at- tend the Commissioners on their arrival in New England. (3 f.)
Draught of a letter from His Majesty to the Massachusetts in New England upon the same subject as the foregoing, stating that Commis- sioners are appointed to arrange the difficulties upon the petitions of Robert Mason and Ferd. Gorges, enjoining them to acquiesce in the determinations made by the Commissioners touching boundaries, &c. (11 f.)
-------
1
19
RELATING TO MAINE. -
1665 May 30.
Letter from the Governor of the Massachusetts to Mr Secretary MORICE, being in reply to his Majesty's of the 11th of June 1664.
Being commanded by the King's letter to make restitution of the province of Maine (now called Hampshire) to Ferdinando Gorges er his Commrs, or to shew reason for the contrary, they submit that by their charter their grant was clearly shown to extend three miles north of the most northerly part of the Merrimack river, and to extend in a line of longitude from sea to sea in the said latitude. That in 1652 they appointed two competent persons to discover the northermost point of the Merrimack river, and that they might not be mistaken in the point where they took their station, viz where the river issued out of the lake called Winnepechochett they took the opinion of Indians of that place who testified that the river there was the Merrimack. That afterwards other skilful persons were commissioned to take the same height of the northerly latitude at the sea coast as the others had taken within the land, who accordingly set up a boundary mark-all which facts are upon record, and for the better manifestation thereof they have pre- sented a map of the whole tract to his Majesty's Commissioners where- by it will appear that the land claimed falls within their patent. In conclusion they signify that their charter is antedated ten or eleven years to that of Sir Ferd. Gorges, which they humbly conceive will confirmi their right and title, &c. (9 f.)
1665 May 17.
Deposition signed SIMON WILLARD and EDWARD JOHNSON respecting the Northern line &e. which they were appointed to lay out in 1652.
(4 f.)
. Return of the observations taken of the northerly bounds of the l'atent line, 13 October 1653, (with Attestation) -Signed JONAS CLARKE and SAMUEL ANDREWS. (6 f.)
Certificates concerning the Patent Line and the Merrimack River, by which it appears that Sergt John Sherman, Walter Towne and Jona- than Ince, a student of Harvard College, as artists accompanied Captains Willard and Johnson on their survey.
1666 Apr. 10. (8 f.)
Letter of the King to the Massachusetts -- Has received from the Gov. ernur an account of all the proceedings which have taken place bet. ween them and the Commissioners who were sent into New England,
20
EARLY DOCUMENTS
&e. Has thought fit to recall the Commissioners to learn more fully the state of the plantations, &c. Commands the governor and Coun- cil of the Massachusetts to choose four or five persons ( of whom Mr. Richd Bellingham and Major Hawthorne are to be two) to be sent over to attend his Majesty, who will hear in person the allegations or pre- tensions to right on behalf of the said colony. And his Majesty's com- mands are that there may be no alterations with reference to the govern- ment of the province of Maine till he has heard what is alledged on all sides, but that the same continue as his Majesty's Commissioners have left the same, until his Majesty shall further determine. All persons who have been imprisoned for petitioning &c. the King's Commissioners, are to be set at liberty and no further molestation to ensue. What determinations have been made with reference to bounds and limits by the said Commissioners are still to be observed until the King's final judgment thereon, &c. &c. - (11 F.)
Result of the Committee .- Their Lordships having considered the aforesaid papers order Mr Attorney and Mr Solicitor Gen1 to examine the titles of Mr Mason and Mr Gorges to the provinces of Hamp- shire and Maine and to report upon the validity thereof-That the King be moved to send Commissioners into New England to the number of five .- Although the charges are computed at 7 or 8000€ yet they conceive the advantages to be commensurate .- If the send- ing Commissioners be approved of, instructions shall be given them 'to end all differences amicably or they may send over their Commis- sioners to attend his Majesty and the case may be hea.d here .- If on the contrary they are refractory, the King will take advantage of the law and they must expect a barrier put upon their trade .- The opinion of the Commissioners of the Customs to be taken relative to the Acts of Trade and Navigation which affect New England, &c. (5 f.)
--
1675 May 1 Whitehall
Letter of the Lords to the Ld Treasurer.
Having entered into the several particulars in pursuance to the King's reference of the pretensions of Mr Mason, they are desirous to ascertain the opinion of the Customs how far the Act of Trade and Navigation takes cognizance of New England, what violations have been carried on by the inhabitants; a computation of the detriment arising therefrom and the rules most fitting for remedy. (2 f.)
21
1
RELATING TO MAINE.
The order of the Committee to Mr Attorney and Mr Solicitor Gent to make report upon the titles of Mason and Gorges to the provinces of Maine and Hampshire.
(2 f.)
1676 May 14
Answer of Mr Attorney and Mr Sol' General concerning the province of Maine. Are of opinion that Ferdinando Gorges as the grandson and heir of Sir Ferdinando Gorges, has a good title to the aforesaid province. (3 f.)
1675 May 17
Answer of Mr Attorney and Mr Solicitor Gen1 concerning New Hamp- shire. Are of opinion that the petitioner Robert Mason has a good and legal title (as grandson and heir to John Mason) to the lands known by the name of New Hampshire. (5 f.)
1675 May 18 Wallingford House.
Answer of the Lord Treasurer (Wanby), stating that he transmitted the paper sent him (concerning the pretensions of Mason and Gorges) to the Commissioners of Customs, whose report he herewith encloses.
(1 f.)
The Report from the Commissioners of the Customs alluded to in the foregoing. (11 f.)
Meeting of the Lords on the 2 December 1675. in order to determine something in the case of Mr Mason and Mr Gorges, touching their pre- tensions in New England. At which meeting was read a narrative of the settlement of the corporation of the Massachusetts Bay, drawn and given in by Mr Mason, concluding with an account given by Capt. Wy- borne, Commander of one of his Majesty's Frigates, how he found the state of things there in 1673. [This narrative is given at length.] (33 f.)
Result of the Committee-
The Lords understanding that Mr Mason has an earnest desire for the speedy sending away Commissioners to New England or a new Govr to right him in his pretensions, having taken into their consideration the great charge, uncertainty of success and other difficulties attending thereon, think it more advisable that the King should send over the statement of complaints requiring them to send over Commissioners to arrange the matter. If they refuse this, his Majesty would then have a clear course open to him. Mr Mason being called in was advised to await the issue and recommended to prefer a petition to the Committee touching his claim to be presented to his Majesty and Council, with ad- vise that it be transmitted to the Bostoners as a manifestations of un-
22
EARLY DOCUMENTS
willingness to treat the matter ex parte, and that they be required to send over their Agents or Attornies in the space of eight months.
(5 f.)
In pursuance of their Lordships' directions Mr MASON and Mr GORGES present their petitions as follows :
ME ROBERT MASON'S petition (concerning New Hampshire) to the King .- (28 f.)
Petition of FERDINANDO GORGES (concerning the province of Maine) to the King-Shewing that by letters patent of King James dated 1620 Nov. 3, that portion of the country called New England lying between 40° and 480 degrees of latitude, was granted to divers of the Nobility &c. by the name of the Council of New England. That by virtue of several grants from the said Council dated respectively 1622 Aug. 10, 1629 Nov. 7, and 1635 April 22, Sir Ferdinando Gorges, petitioner's grandfather, obtained a tract of land called the province of Maine, lying upon the seacoast between the Rivers of "Pascattaway" and "Sagerdahock," con- firmed under the great seal of England-that by grant dated 1629 Nov. 17, Sir Ferd. Gorges conjointly with John Mason were seized in fee of other lands in New England known by the name of Laconia, &c. &c. That the said Sir Ferdinando did expend in transportation of people and building upwards of 30,000.€ an 1 by deputies, &c. governed the province peaceably for a considerable period --- That the King by reason of com- plaints against the settlers in Massachusetts Bay and upon the resignation . of the great Charter of New England resolved to take to himself the government of New England and to have one general Governor there- That thereupon he nominated Sir Ferdinando Gorges to be Governor. All which appears by the King's declarations and Commissions (July 1637). That shortly after the troubles which arose in Scotland and England prevented petitioner's grandfather from going to his Govern- ment, but he attended the King into Scotland and was engaged in his Majesty's service during the wars in England; that his estates at home were plundered and sequestered in the time of the usurpation and he was dispossessed of his province in N. England by the inhabitants of the Massachusetts, who turning out all that held commission from Sir Ferdinando divided his lands among their own creatures. That ever since the restoration the petitioner has prayed for relief, which petition has been referred to the Committee of plantations who have made re- port thereon. The title has also been examined and reported on favour- ably. That the Massachusetts have endeavoured to enter into terms
23
RELATING TO MAINE.
with [wtitioner, that he has been offered many thousand pounds for his interest in the province, but has firmly refused the same, having pro- mixed neither to sell or alienate the same without Consent of the King. That he has sustained vast losses and expenses -prays relief and the restoration of his province.
1675 Dec. 22. (14 f.)
- The above petitions being read-at the same time was presented the following report with his Majesty's order thereon.
1675 Dec. 20. Whitehall.
Report of the Lds Committee for Trade and plantations touching the interests of Mr MASON and Mr GORGES in the provinces of New Hamp- shire and Maine. Have examined the pretensions of the petitioners concerning which the late Council for Plantations in Report of Aug. 12, 1671, advised His Maty to send over Commissioners to settle the differences, &c .- Upon mature consideration, however, they do not think the plan expedient, but propose copies of the petitioner's statements, and to be sent over to the people of Boston, that they may have an oppor- tunity of considering the allegations and empowering some one for them to answer thereto. (5 f.)
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.