USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 4
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Order of the King in Council approving of the foregoing report- The Secretary of State to prepare a letter requiring the Governor and Magistrates of Boston and Massachusetts to send over Agents within the space of six months to answer the petitions and complaints of Mason and Gorges.
1675-6 Mar. 10. (2 f.)
Letter of the King to the Governor and Magistrates of the Town of Boston, requiring Agents to be sent over in order that the matter pending may be finally determined. Commands that this letter together with the petitions of Mason and Gorges be publicly read, and further commands that Elward Randolph, bearer of this letter and the said petitions, be admitted into the Council, he being appointed to bring back the answer and render an account of the proceedings. (6 f.)
Memorandum concerning the intended voyage of Mr Randolph .-
On the 20th of March, Mr Mason, Mr Randolph, and Mr Smith, Master of a vessel bound for New England, were called in and the Master instructed by Mr Secretary Coventry, that in case of Mr Randolph's falling ill, he do present the King's letter to the Magistrates of Boston in the same manner as Mr Randolph would have done, &c.
Memorandum that some instructions be prepared for Mr Randolph. (2 f.)
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EARLY DOCUMENTS
1675-76 Mar. 20. Whitehall.
The King's Instructions to Mr RANDOLPHI .-
That upon delivery of the letters of which he is the Bearer he press the Governor and Magistrates to assemble a full Council as speedily as possible, himself demanding admittance thereunto in the King's name in order that he may render a good account of the same.
That he shall call for answer to the said letters to be given within a month after the delivery thereof, which answer he shall bring back with all speed. If opportunity occur of writing before his return, he is to render an account of his proceedings to one of the Secretaries of state.
(3 f.)
At the same time a certain paper of enquiries was read and approved of, to be given to Mr RANDOLPH for his better observation of things in New England, of which he is recommended to inform himself as much as he can during his stay there.
Enquiries respecting New England given to Mr EDWARD RANDOLPH (in 12 divisions). (8 f.)
An Estimate or abstract of Observations upon matters in New Eng- land, of which Mr RANDOLPHI is to take notice so as to confirm or dis- prove the truth thereof. (5 f.)
On the 2nd Novr the Lords receive a letter directed to Mr Secretary Coventry and delivered by Mr EDWD RANDOLPH, from the governor and Council of Boston in answer to his Majesty's letter of 22nd Sept. 1675, touching Mason & Gorges in the tenor following :-
1676 June 3.
Although oppressed by the Indian war and impeded by an epidemical sickness from calling a general council, they hasten to acknowledge the receipt on the 10th instant by the hands of Mr Randolph of his Majesty's letter and the petitions of Mr Mason and Mr Gorges, at the same time they signify the complaints contained in the latter as refer- ring to the colony to be "impertinences, mistakes and falsehoods," which they doubt not to prove in a move particular answer-fear not to sub- mit the whole matter to a just and equal determination, &c. (6 f.)
1676 12th Oct.
On the 16th Novr is read a Narrative of the present state of New England and other papers presented by Mr EDWD RANDOLPH, in pur- suance of his instructions and inquiries received from the Committee of 20 March 1675, the heads of which enquiries answered are as follows : .
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RELATING TO MAINE.
1 Where the legislative and executive powers of New England are
: What laws and ordinances are now in force contrary or derogatory ! : A.ne of England and what kind of oath is prescribed, &c .?
3 The number of the different classes of persons, their professions, &r, and how many are able to bear arms ?
In the reply to this query it is stated that the inhabitants including Hampshire and Maine are computed to be upwards of 150,000.
{ The number of forces, &c. ?
5 What castles and forts, how situated and furnished ?
6, The reputed boundaries and contents of land!
? What correspondence they keep with their neighbours the French, el the government of N. York ?
In the reply to this enquiry occurs the following passage-"The French have held a civil correspondence with ye inhabitants of Hampshire, Maine and the Duke's province, although the Government of Boston spain all occasions is imposing upon ye French, de."
" The original cause of the present war with the Indians, the ad- vantages, disadvantages and final end thereof?
y The commodities imported and exported, the number of ships, and b. a the Act of Navigation is noticed ?
10 What are the Taxes, fines and revenues ke. !
11 How they stand affected towards the gor' of England, and who we the most popular men ?
In the answer to the foregoing we read, "The inhabitants are gener- ally well affected to his Majesty and his government as well the mer- 4. ants, farmers, as the meaner traders & artificers who groan under the war of the present government, and are in daily Lopes and expectation od a change by his Maty's resuming the authority and settling a general . Amment over the whole country, without which it is feared civil was will in a short time break out between the Colonies. The govern- Pont of the Massachusetts dayly imposing and eneroaching upon their enghbors, and therefore the loyal colonies of New Plymouth and Con- restent, New Hampshire and Maine, seeing these inconveniences daily why traing by a divided government, are very desirous of submitting to s gens governor to be established by his Maty."
12 What is the present state of the ecclesiastical government, also 2 . management of the universities ? (150 f.)
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EARLY DOCUMENTS
A short narrative (addressed to the King) of the delivery of his Ma- jesty's letters to the Magistrates of Boston by EDWARD RANDOLPH.
Upon his landing at Boston he waited immediately on Governor John Leverett and informed him of the object of his mission, desiring that the magistrates might be assembled to hear read the King's letters. The governor replied that there would be a meeting on other business that afternoon, to which Mr Randolph should be sent for. At this meeting were present the governor, six of the Magistrates and the Secretary, Mr Randolph, being desired to be seated, the Governor opened the letter and seeing at foot the signature H. COVENTRY, desired to know who Mr Coventry was. At the commencement of the reading Mr R. un- covered himself, whereupon three of the magistrates did the same, the remainder with the Governor being covered. The letter with the petitions of Gorges and Mason being read, the Governor told the council that the matters contained therein were very inconsiderable, and that it did not concern the government to take any notice thereof. To which Randolph replied that the King required an answer, when the governor said they would consider of it .- This closed the interview. Mr R. then waited upon some of the most eminent inen in Boston and delivered Mr Mason's letters to thein, giving an account of the King's letter, and the reason of his (Randolph's) coming into those parts. After two days' consideration of the council it was resolved to send an answer to the King's letter by a ship about to sail .- On the 15th of June he was sent for by the Governor and asked if he intended leaving by a ship then on the point of sailing, as in that case he should have a du- plicate of the letter sent to the King, together with a particular answer to a letter from Mr Secretary Williamson. Randolph in reply told them he had other matters in charge to attend to, and that he should not return so soon, when after some conversation the governor said that "they looked upon him as Mr Mason's agent and that he might with- draw." The next day he visited the Governor again and had some discussion about violations of the laws of Navigation and Trade, &e.
. A few days after Randolph met with a Mr Harris who told him that upon his arrival about six months before, he being conducted to the governor, (which is the practice there,) the latter enquired of him if he knew Mr Mason-whether it was true he was coming over-and what Commissioners were to accompany him, &c. &c.
On the 23rd of June, Randolph addressed a memorial to the governor and council, reminding them of his Majesty's commands for the sending over agents, and requesting a general council might be assembled to
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RELATING TO MAINE.
Jeliberate upon an answer to his Majesty's letter, to which the only reply given was that when he was ready to sail he should have a copy , f their letters to the King. About the beginning of July he went into the province of New Hampshire belonging to Mr Mason, travelling through most of the principal towns and reading Mr Mason's letter to the principal inhabitants, when he found the whole country complaining of the oppression and usurpation of the inhabitants of Boston. Being ! Portsmouth, a town upon the river Pascattaway, several of the prin- cipal inhabitants of the province of Maine, (since called Yorkshire by the Bostoners,) came to him with the same complaints as those of New Hampshire, earnestly entreating him to represent their condition to his Majesty and praying relief, some of them having been suffered to be ruined by the Indians for having formerly expressed their duty to Ilis Majesty when the Commissioners were there, and for having taken commissions from them to act as Justices of the peace .- Ou his return to Boston he received a message from Mr Josiah Winslow tha he would pay him a visit, with whom he had some discourse concerning the magistrates of Boston and the affairs of N. England, &c. During his stay in Boston he made acquaintance with many of the chief inhabitants and found the generality of them opposed to the arbitrary proceedings of their rulers. The time having expired for his return to England on the 20th of July, he went to the governor for his despatches, when he was sharply reprored for making his errand so public to Mr Mason's and Mr Gorges' friends in Boston, New Hampshire, and Maine, telling him that he designed to make a mutiny and disturbance in the country, &e. On his departure the governor gave him the duplicate of a letter which had been sent to Mr Secretary Coventry a month previously, and both he and the Magistrates entreated him to render a favourable necount of the country, &c. * (37 f.)
The Governor and Company of the Massachusetts Bay having in pursuance of the King's Command signified by his letter of the . . . sent over their agents to answer the complaints of Mr MASON and Mr GOR- Gks, they presented to the King in Council on the 13th of Dec. 1676 an aldress, viz.
Petition of the Govr and Company of Massachusetts Bay in general Court assembled to His Majesty.
Have entrusted the management of their defence in the proceedings complained of to William Stoughton and Peter Bulkley Esquires, are thankful that His Majesty has afforded them time and opportunity to prepare their justification. (14 f.)
. See Hutchinson's COLL. PAPERS for E. Randolph's Narrative, p. 477.
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EARLY DOCUMENTS
At the same time was presented the following-
Petition of Mr GORGES and Mr MASON for a hearing, and that the agents of the Massachusetts may have notice given them for their at- tendance. (2 f.)
Dec. 22.
A second petition of Mr GORGES and Mr Mason was presented to the like effect. (2 f.)
Whereupon at Whitehall, Dec. 22, 1676, the following order was made:
Order of the King in Council, upon the pet" of Robert Mason and Ferdinando Gorges that a day may be appointed for the hearing of their complaints. Friday the 12th day of Jan'y is fixed, on which the Massa- chusetts agents are required to attend the Council. (2.f.)
On the 10th of January following the agents for the Corporation of Boston petition his Majesty as follows :
Petition of WILLIAM STAUGHTON and PETER BULKLEY to the King and Council :
Petitioners, being entrusted by the Governor and Council of Massa . chusetts to make defence to the complaints of Mason and Gorges, set forth, that the said Mason and Gorges lay claim to several tracts of land in New England by virtue of certain grants from the council of N. Eng- land, particularly Mason by Indentures dated 1621 Mar. 9. 1622 Aug. 10, 1629 Nov. 7, & 1635 April 22. Also Gorges by like indentures of 1622 Aug. 10, 1629 Nov. 7, 1635 Apr. 22 and 1629 Nov. 17th. That your petitioners have made search for the said Records in the Rolls Chapel in Chancery and other offices, but cannot find the same, that being summoned to attend the hearing fixed for the 12th of this month they submit, that without the said Grants they are unable fully to in- struet their counsel, and that it probably may necessitate a double hear- ing ; pray therefore that MI Mason and Mr Gorges may be ordered at petitioners' cost to furnish copies of the grants aforesaid, the petitioners being willing to reciprocate the same favor, and pray the hearing may be deferred for a farther day. (7 f.)
Where upon on the 10th of Jan'y 1676-7, at the Courtat Whitehall, it was ordered, viz.
Order of the King in Council that Mr Mason and Mr Gorges and the said Agents' do alternately deliver to each other true copies of such grants relating to their respective claims in New England as each party shall desire of the other, the charge to be paid by the parties that desire
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RELATING TO MAINE.
and receive the same, the hearing thereof to be within one week after notice given to the Clerk of the Council of such mutual exchange of copies of the grants aforesaid. (5 f.)
On the 19th of January Mr MASON and Mr GORGES petitioned his Majesty as follows :
Petition of Robert Mason and Ferdinando Gorges, showing that in obedience to His Majesty's order in Council of the 10th instt they did on Friday last deliver to the Agents of the Massachusetts copies of such grants as were demanded by them notwithstanding the reciprocal was denied to the petitioners, pray that His Majesty do appoint a hearing on next Council day and that the said Agents be summoned to attend.
1676-7 Jan'y 31. (2 f.)
In consideration of the foregoing petition and of the readiness of the Agents to appear, His Maty was pleased to order a hearing, viz.
Order of the King in Council. The Agents of the Massachusetts hav- ing acquainted the clerk of the Council that they had received from Mr Gorges and Mr Mason copies of the grants demanded, and the said Gorges and Mason petitioning for a speedy hearing, the matter was ap- pointed to be heard the 7th of February next at 3 oCI. P. M. (3 f.)
Which complaints of MASON and GORGES being heard accordingly and the defence of the Agents of Boston, the following order was issued :
1676-7 Feb. 7.
Upon a hearing of the Council on behalf of Gorges and Mason and the Agents of the Massachusetts, defendants, concerning the claims to the governmt and soil of several territories in N. England, His Maty was pleased to refer the whole matter to the Committee of Trade and For- eign plantations, who are 1stly to enter into an examination of the bounds and limits pretended to by each party. 2ndly to examine the patents and charters insisted on by either side to find out and settle how far the rights of soil or government belong to either of them. For their Lordships' better assistance therein the Lords chief justices of the King's Bench and Common Pleas are directed to give their aid to the examina- tion which is to be conducted with all speed and reported on accord- ingly.
(4 f.)
In pursuance of the order aforesaid the Committee met on the 31st of March, when counsel being heard on both sides legal objections were. taken to the validity of petitioners' grants .- Whereupon the Lords findling that they cannot proceed regularly without the assistance of the
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EARLY DOCUMENTS
Chief Justices before mentioned, determine to summon them for that purpose and defer the hearing, as is declared in the letter following :
1677 Apr. 3. Whitehall.
Letter signed Phillip Lloyd, addressed to Lords Chief Justices Rains- ford and North, requiring their Lordships attendance in the case of Ma- son and Gorges on Thursday next. In order to elucidate the business, transmit their Lordships an abstract of all the grants upon which the claims of the parties are grounded. (3 f.)
Their Lordships having met on the 5th of April, the parties being called in, the Agents for the Massachusetts insist upon their right of Government in the Territories claimed by petitioners as lying within the bounds of longitude and latitude described in their charter, and that . their right of possession was confirmed by an act made at the general court at Boston in 1652. As to the soil they do not lay claim thereto by virtue of their patent, but leave it to their Lordships to consider the vast expense they have been at in protecting those countries, which the complaints have never been able to do .-- On the other hand Mason and Gorges claim.both soil and govt as their inheritance by virtue of patents grauted to their ancestors by the council of Plymouth. The Lords find- ing the case to be such as to require first the consideration of the judges as to the matter of law before the matter of fact and law could be ad- justed together, in order to report to His Majty the result of their en- quiries direct an order to be prepared as follows :
1677 Apr. 5.
Order signed, Phi. Lloyd, referring the case of Mason and Gorges to the Lords chief justices, their Lordships in pursuance of his Majtys order having met and the Lords chief justices and parties attending, and being heard by their counsel, the committee finding that the case was not ripe to make report on to His Majty, there being several points in law to be considered -- the said Lords ordered Mr Mason and Mr Gorges to prepare a statement of their case in writing and to attend the Lord- Chief Justices therewith, also to give copy of the same to the Massachu- setts agents who if they have any objections thereunto are to reduce the same to writing, to be given to the said chief Justices, rendering at the same time copy to Mason and Gorges. The which matter having been duly considered and examined, the chief Justices are desired to declare to the committee when they are ready to give their opinion therein when the Lords will meet and consider of a report to be made to the . King. (6 f.)
-
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RELATING TO MAINE.
On the 17th of July the Lords Chief Justices present the Committee with a report touching the pretensions of Mr MASON and Mr GORGES against the Government of Boston, pursuant to a reference of the 5th of April 1677, viz.
Report of the Judges in the case of MASON and GORGES.
Having received papers of the cases, and the parties having appeared, the respondents did disclaim title to the lands claimed by petitioners, and it appears that the said lands are now in possession of persons not present, whereupon they did not think fit to examine any claim to the title of the said lands without hearing the terre-tenants or some one in their behalf, but if there be any court having jurisdiction upon the place would direct the parties thither for decision of the question of property. They then examined the claim to the Government, the petitioners hav- ing waived the pretence of grant of government from the Council at Ply- mouth, being convinced by their Council that no such power could be transferred by law .- The question was then reduced to the province of Mayne, whereto the Petr Gorges made his title by a grant (15 Car: I.) made to Sir Ferdinando Gorges and his heirs of the province of Mayne and the Govt thereof. In reply the respondents allege that long before, viz, 4 Car. I. the Government was granted to them, and produced letters patent of grant from the Council of Plymouth, extract of which is recited.
To this it was replied that the Patent of 4th Car. I. was invalid, (1.) Because there was a precedent grant 18 Jac. I. of the same things then in being, which Patent was surrendered afterwards and before the date of the other of 15 Car. T. (2.) The grant of the Government can extend no farther than the ownership of the soil, the boundaries of which - recited in that Patent wholly exclude the province of Mayne which lies northward more than three miles beyond the river Merrimack.
Having considered the matter are_of opinion that the Patent (4 Car. 1) is good notwithstanding the grant (18 Jac. 1), for it appears that the Council of Plymouth had granted away their interest in the land one year previously, and it must be presumed that they then deserted the Gort, whereupon it was lawful for the King to establish a suitable plan of Govt, which was done by Patent (4 Car. 1).
Touching the second point it seems clear that the grant of the Govt 4 Car. I. extends no farther than the boundaries expressed in the Patent, and those boundaries cannot be construed to extend farther north wards along the river Merrimack than three English miles. For the north and
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EARLY DOCUMENTS.
south bounds of the lands granted so far as the rivers extend are to fol- low the course of the rivers which make the breadth of the grant:
And the words describing the length to comprehend all the lands I from the Atlantic Ocean to the South Sea, of and in all the breadth ; aforesaid, do not warrant the overreaching of those bounds by imaginary lines, &c. &c. 1
And if the province of Maine lies more notherly than three English miles from the river Merrimack, the Patent (4 Car. I.) gives no right to govern there and thereupon the patent of the same 15 Car. I. to the petitioner Gorges will be valid.
So that upon the whole they are of opinion that the Respondents the Massachusetts and their successors by their Patent (4 March 4 Car. I.) have such right of Govt as is granted by the same Patent within the boundaries of their lands expressed therein according to the exposition before mentioned. And that the Petr Sir Ferdinando Gorges his heirs and - assigns by the Patent (3 Apr. 15 Car. I.) have such right of Govt as is granted them by the same Patent within the lands called the Province of Maine according to the Boundaries expressed in the same Patent.
(22 f.)
1677 July 17.
Report of the Committe to the King upon the foregoing report of the Judges concurring in the opinion of the Judges aforesaid. (5 f.)
- 1677 July 20. Whitehall.
Order by the King in Council upon the Report of the Committee and of the Judges :
The foregoing reports having been read at the Board on the 18th inst. it was ordered that Mr Gorges and Mr Mason together with the Massa- chusetts agents should be this day heard upon the said Report if they had any objections to make thereto, in pursuance of which all parties at- tending with their Counsel and nothing material having been alleged to prevail upon the Board to differ in judgment with the said Report, His Maty did approve and confirm the same, ordering all parties to ac- quiesce therein. (4 f.)
1677 Sep. 6.
Upon the 6th of Sept" 1677 the Agents of Boston present a paper concerning those plantations which by the Judges report appear to be without their jurisdiction, signed Wm STOUGHTON and PETER BULKELEY, shewing that between the northern bounds of the Massachusetts Colony (as retrenched by the report above stated) and the southern bounds of
.
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RELATING TO MAINE.
the province of Maine allowed and adjudged to Mr Gorges, there doth fre a small tract of land which though begun to be peopled and planted upwards of forty years since, yet by reason of the scantiness of its accom- modation contains in it no more than four plantations or towns, the in- habitants few and of mean estate.
That these have never been taken in by any other Government saving that of the Massachusetts, pray that His Maty may be moved to con- firm & settle the same under the Government of the Massachusetts. (5 f.)
1677-8 Janry 23.
Order in Council.
The petition of WILLIAM StAUGHTON and PETER BULKELEY having been read, setting forth that the matters in dispute between the Com- pany of the Massachusetts Bay and Gorges and Mason were referred to the Lords chief Justices. That accordingly they have reported that Mr Mason had no right of Government granted unto him and have excluded out of the northern former bounds of the said Colony a small tract of land in which are 4 small towns under the denomination of Dover, Portsmouthi, Exeter and Hampton, with the territories belonging, situate between the northern bounds of the said Colony and the south- eru bounds of the province of Maine. That the inhabitants of the said four towns have petitioned his Maty to be continued under the govt of the said Company; Ordered that copies of the petition and papers and also petition of Mr Mason and Mr Gorges be delivered to the Committee for Trade and Plantations to examine the matter and the true state of the colony and report to his Maty thereon.
(5 f.)
Petition of the Agents of Boston praying grant of the government of the said four plantations or towns. (9 f.)
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