USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 5
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Four several petitions from the towns before mentd. (12 f.)
Narrative of Mr RANDOLPH touching the evil practices and mis- demeanors of the Magistrates of Massachusetts Bay: In this is the following incidental mention of Mason and Gorges, &c.
"That these Boston Magistrates have not only injured their neigh- hours on the North and East, viz Mr Mason and Mr Gorges, by a forceable extent of grounds drawn from the notion of their imaginary line, but have opprest even the southern colonies of New Plymouth and Connecticut, violently enlarging their bounds upon them as his Matys Comm's formerly in 1665, and lately the Lords Chief Justices, have reported, terrifying these people into a compliance and quiet suffering by their overawing power." 5
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EARLY DOCUMENTS
In another place is an allusion to Mr Leveret having turned out His Matys, Justices of the Peace in the Province of Maine. (30 f.)
1678 Jan'y 15.
Council Chamber.
Letter to the agents of New England concerning Mr. MASON. That the Committee for Trade &c. have received a petition from Mr Mason touching his pretensions in N. England, that their Lordps have ordered - copy of the petition to be transmitted to the persons addressed, who are required to deliver a particular answer in writing with all convenient speed. (3 f.)
1678-9 Feb. 4.
Answer of Mr STOUGHTON and MY BULKLEY, addressed to the Lords of the Committee for Trade, &c.
After recapitulating the proceedings they state that since that time they have received no farther instructions, nor have they any thing in commission on behalf of those in possession of the said lands to answer as to the propriety of the soil, &c. Discuss at some length Mr Masonie claims ..
35
RELATING TO MAINE.
NEW ENGLAND PAPERS, P. T. Vol. 1.
A Journal of the council of trade from the last day of May 1622 to the 21 of June 1623.
"Saturday the last of May 1622.
1770089
As touching ye Governour, Sr FERDINANDO GORGES is elected, the particulars are reserved till another meeting."
" Wednesday ye 27th of Nov. 1622.
MR TREA'R SR SAMUEL ARGALL assisted by
SR FERD. GORGES CAPT CHUDLEY.
It is ordered that Bills of Adventure shall be made by ST Ferd. Gorges Knt, Late Trea'r to the Councell for New England for partnershipp of the new shipp now in building at Whiteby in the County of Yorke, for and to the use of the said Adventurers, which Bills being signed by Sr Ferd. Gorges shall bee sealed by Doctor Barn. Goslie, now Trea'r to ye sd Counsell, vizt.
To ye Duke of Lenox for ye sume of 160£
The Earle of Arundell for ye sume of
160£
The Lord Sheffield .
The Lord Gorges for ye sume of 150£
Sr Ferd. Gorges for ye sume of 160£
S' Samuell Argall for 180£
Dr Barn. Goslie Trea'r for
150.£
.
Dr Matthew Sutcliffe for
100£
And from Mr Trea'r for 050€
Capt. Robert Gorges for
160£
- And that Bills of receipt shall be given unto ye Lord Sheffield for
110.€
Mr Abraham Jennings Marcht 110.£
for their partnershipps in ye maine land of N. England and not in ve new shipp.
Bills to Mr Trea'r, Sr Samuell Argall and Capt Gorges are this day sealed.
Tuesday ye 3 of December.
Sr Ferd. Gorges is desired to drawe the forme of a letter to be sent into the country with the proclamacons to this purpose that it is not the ' Council's meaning to stay or hinder any from going to New England in fishing voyages so as they will conforme themselves to such orders as are concluded and agreed on by the Councell and Committee to
36
EARLY DOCUMENTS
Dr Barn. Goslie Trea'r to whom they may repayre at Exon in Devonsh. for their Commissions in that behalfe
Tuesday ye 17th Decr 1622.
Forasmuche as in ye Trea'r's absence divers sums of money are necessary to be disbursed for dispatch for ye affairs of N. England. It is therefore ordered that if Sr Ferd. Gorges or any other of the councell shall disburse any moneys for the publike affaires (in the absense of ye Trea'r) it shall bee paid againe out of ye first money that shall bee paid in by any of the Adventurers provided that ye account be allowed by ye Councell.
Whereas ye Councell are informed by Leo Peddock that Capt Jones who was imployed by ye company of Virginia to fish upon ye coasts of New England, hath this last yeare robbed the natives there of their furres and offered to carry some of them away prisoners, but beeing > grounded upon ye sounds neere Cape Codd ye savages escaped and made great exclamacon against ye present planters of New England, for punishinent whereof Sr Ferd. Gorges is desired to signify this abuse by letter from ye Councell to ye Earle of Southton.
Tuesday 28th of Jan'y 1622.
The Lord Gorges Bill of Adventure is this day sealed and signed by Sr Ferd. Gorges; Friday next is appointed for pusall of ye Book of Accounts and of Sr Ferd. Gorges accot of moneys laid out by him in the Trea'rs absence.
It is ordered that the two Bills of Adventure for Doctor Sutcliffe bee sealed vizt for 100£ paid to Sr Ferd. Gorges and 50€ paid to Mr Dr Goslie.
Fryday ye last of Jan. 1622.
A Bill of Adventure to Sr Ferd. Gorges is this day sealed, dat eodem die.
20th Febr., 22.
Whereas it was ordered that Mr Buslerode and his associates should have a lycence to sett forth a shipp for discovery and other employmts in New Englande, the lycense being signed by the Earle of Warwicke. Sr Ferd. Gorges and S' Sam' Argall was this day sealed and a covenant taken. from Mr Derby that if the said Mr Buslirode nor any of his associate came not in for a pattentee before the xxvi day of May next, then to pay 13£ 6s &d for this lycence, whereof 10£ was forthwith paid to the hands of Sr Ferd. Gorges (Sr Ferd. Gorges to acco' for
.
37
RELATING TO MAINE.
this 10€) for the use of the said Councell and the residue payable on y. 26th of May next: and if ye said Mr Buslirode or ony one of his Associates come in for a patentee before ye 26 of May then to pay on that day 50£ and the other 50€ to make up 110£ on ye second day of July then following, as by the Covenant remains in Dr Goslies custody appeareth.
Monday ye 5 of May 1623.
A Bill of Adventure was this day sealed with a blank for the date to the Earle of Warwick for 60£ paid to Sr Ferd: Gorges, late Tre'ar and 100£ to bee paid to Dr Goslie, now Tre'ar.
(N.B .- The above are full extracts as relates to Sir Ferdinando Gorges from the Council Journal.)
1631 Nov. 3.
Grant and confirmation of PASCATAWAY to Sir Ferdinando Gorges and Capt. John Mason and others his associates, viz. John Cotton, Henry Gardner, Geo Griffith, Edwin Guy, Thomas Wannerton, Thomas Eyre and Elizer Eyer. (33 f.)
1633 Dec. 6.
Minute of the division of Pascataway at a meeting held this day, present,
Sr Ferdinando Gorges Knt
Capt John Mason for himselfs and Mr Jno Cotton
Mr Henry Gardner
Mr George Griffith
Thomas Eyer for Tho. Wannerton and Eliezer Eyre.
Agreed to remain in common until a division be hereafter made, Pas- cattaway house and the house at Strawberry bank and all the islands and sletts within the river of Pascattaway, with all the land on the S. W. side of the river which is mentd in the Patent, also the Isle of shoals and the house at Newichewanock with the land thereunto belonging.
Touching the N. W. side of the river from the outermost point upon the sea coast to the extent of 30 miles up into the main land, by mutual consent the following division is agreed to-
"To Sir Ferdinando Gorges, Knight, three miles beginning at the outer- most point in the sea where the Patent of ye said syde of land beginneth up the river."
To Mr H. Gardner 34 miles, beginning where Sr Fr Gorges land ends and so up the aforesaid river.
38
EARLY DOCUMENTS
To Messrs Griffith Wannerton and Eliezer Eyer eight miles, beginning where Mr Gardner's ends and so up within a } of a mile to the lower- most falls next to Newichewanock house.
To Capt Mason for himself and Mr John Cotton, to begin a t of a mile below the said lowermost fall and so up along Newichewanock River to the end of the Patent (about 15} miles) being almost four miles more than his proportion which is allowed him as he is so far distant from the sea and for the convenience of landing boats below the said falls.
If there should be any come short of having his due division of lands, it is to be rectified in the next partition of undivided lands.
The division of the swine as follows-
To Sr Ferdinando Gorges Knt 4 Sowes.
To Capt Mason 14 “
To &c. &c. (6 f.)
1634 Feb. 4.
Minute of the division of New England at the Council of Trade and Plantations met this day at Lord Gorges house.
The Lord Gorges proportion of land. "To begin at the middle of the West entrance of the Naragansetts and so along the coast eastwards to Cape Cod and round about the same keeping on northeastwards to Namekecke which is on the east side of the Bay of the Massachusetts, and from thence N. E. into the land 60 miles. Also from the west mouth or entrance of the Naragansetts continuing up the Western arm of the same to the head thereof and from thence into the land Northwestwards till 60 miles be finished from the first entrance, from wch period to cross over land to the threescore mile end accounted West from Namekecke as aforesaid, and hereunto is to be added 10,000 acres on the East part of Sagadahocke.
Signed amongst others by Sr Ferd. Gorges and Capt. Mason. (5 f.)
Memorial of the Adventurers in N. England (amongst whom are Sir Ferd. Gorges and Capt. John Mason) for surrendering the Gent Patent. (3 f.)
An allotment of Capt. Mason's part by the Adventurers in N. Eng- land. (7. f.)
[This is a duplicate of a paper at p. 57. of the same volume.]
39
RELATING TO MAINE.
1635 Apr 25 Whitehall.
Meeting at the Earl of Carlisle's Chamber this day.
A declaration of the Council of N. England for the resignation of the great Charter and the reasons moving them thereunto. Also,
1635 May 1
Petition to His Majty of Edw Lord GORGES, President of the Council of N. England, in the name of himself and divers Lords and others of the said Council.
also *
1635 June 7
The Act of surrender of the great Charter of N. E. to his Majty ...
(27 f.)
[By an endorsement it appears that the above were received from Mason 10 Sept. 1675.]
1637 Jan™ 23 (15 f.)
Brief of the patent for the province of Maine.
1639 Sept. 3
Copy of a commission and ordinances sent by S' FERDINANDO GORGES Knt unto his province of Maine by virtue of his Matys letters patents formerly expressed.
Attached is a memor stating that by commission under his hand and seal, dated 10th of March 1639, the ordinances lastly expressed were renewed and sent into the province of Maine with a copy of his Letters Patent thereunto annexed, which commission and ordinances were in the same words as these lastly mentioned were, except the additions and alterations hereafter expressed.
1. Whereas Sir Thomas Jocelyn Kt was named chief in the said Commission and ordinances, and he being now returned to Eng- land and left out of the Commission, Sir Ferdinando's cousin Thomas Gorges is put in his room with the same powers, &c.
2. For the better expedition of suits and causes before his Coun- cil he (Sir F. G.) has appointed the said Thomas Gorges Secre- tary of the said Council, and has delivered to him a seal for the
*) This "Act of Surrender" commences as follows :
"To all Christian people to whome this present writing shall come The president and Councill established at Plymouth in the County of Devon for the planting, ruling and go- verning of New England in America send greeting in our Lord God everlasting. Whereas our late soveraigne Lord King James of ever blessed memory by his highness Ires pattents under the greate seale of England bearing date at Westmr the third day of Novr. in the eighteenth yeare of his Ma'tys raigne of England, &c. kc. &c." .
40
EARLY DOCUMENTS
sealing of all processes and warrants and which may issue front the said Council without which seal none are to be valid, &c.
At the same time was sent over a letter of Attorney to the said Tho- mas Gorges appointg him to be the lawful Attorney of Sir Ferdinando within the province of Maine with certain powers and authority specified at length .-- - (45 f.)
1658 June 11th
Order addressed to the Marshal of the County of York requiring him to summon the inhabitants of certain places which are denominated, that they may submit themselves to the same jurisdiction and obedience as others in the County of Yorkshire at the next County Court to be holden at the town of York.
(7 f.)
The above paper is endorsed "Declaration of the Massachusetts con- cerning the province of Maine."
1653 July 6th
Paper endorsed " Declaration of ye Massachusetts concerning Wells, Cape Porpus, Saco, &c."
1658 May 20th (3 f.)
Proclamation of the Court at Boston against JOHN BONITHON, (who has been guilty of outrageous behaviour and treated the authorities con- temptuously,) giving him until the 1st of Sept" next to surrender himself: after which time any one bringing him to Boston, alive or dead, will re- ceive 20 . . . .
(7 f.)
The result of an agitation at a meeting holden at Wells the 27th of December (61) by the Trustees of Ferdinando Gorges Esqr. according to comission under his hand and seale; bearing date the 23rd of May, the 13th of his Majtys reign Aº Da 1661.
To the 1st Article it is agreed, to proclaim King Chas 2nd throughout the province of Maine in certain specified divisions and after a form which is recited.
To the 2nd it is resolved to use all diligence in searching after arrears of rent such as shall be found due.
Each town within the province hereby has the power to elect one trustee from among themselves to contrive and make such ordinances as shall be thought meet for the well governing of the province, also the general clerks of the writs formerly chosen by the freeholders in each town to have hereby power to grant attachments in the name of the King and under the authority of Ferdinand Gorges.
To the 3rd Resolved that notice shall be given to the province that the Commissioners underwritten have taken into their hands all the
41
RELATING TO MAINE,
rentals and properties of Ferd. Gorges, Esy., to keep the same for his use and that there be no farther intrusion ou his rights. Steps also to be taken for procuring the custody of all court rolls, books and other writings for his use.
To the 4th a public assertion of the rights of the proprietor to be made and the same to be signified with all speed to the Massachusetts by letter.
To the 5th and 6th resolved in the affirmative.
Resolved to maintain to the utmost the rights and priviledges be- longing both to the proprietor as well as to the freeholders of the province.
The laws of England to be a rule of direction until further order be taken.
All civil and military authorities to continue in the exercise of their present powers until further order be taken.
Resolved in case of any sudden emergency that Major Nicolas Shapley be empowered to muster order and command the militia, &c. The form of a Commissioner's oath at length-Robert Waymouth and some others of his company dying intestate Major Nicolas Shapley is to administer unto the goods of the same, &c. Commission being directed to the undersigned from Ferd. Gorges, Esq., with the renewed patent of the province of Maine, the original whereof cannot at present be publish- ed, intimation is hereby given that Henry Jocelyn, Esq., and Mr_Robert Jordan are appointed Commissioners with full power to act and do in all matters contained in the said Charter and instructions.
Power of administration granted to Mr Robt Jordan upon the estate of Mr Rd Leader deceased, being bound to deliver up the said Estate to his successors, &c. &c.
Signed Francis Champernoun, Henry Jocelyn, Nicolas Shapley and Robert Jordan, &c. (22 f.)
1661-2 Mar. 11.
Warrant addressed to the Marshal of the province of Maine or his deputy.
Instructions that in his Majtys name and by authority of FERDINANDO GORGES, Esq., he is to demand and make seizure of all Roll books, Records and public writings concerning any act or aets done within the province. These having been withheld to the great destruction of mutual rights and the proper administration of justice are to be de- manded of Mr Edward Rishworth, Mr Michaell, Mr Godfrey or ye exe- 6
42
EARLY DOCUMENTS
cutors of Roger Gard, Mr George Cleves, Mr Richard Tucker, Mr Fran- cis Neale or any others. The same persons also are to be caused to appear before the next magistrate to take oath that they are the true and entire documents held by them to be sealed and delivered to Capt. Francis Champernoone and further to be produced, opened, and examin- ed at the next general Court.
Signed Francis Champernoone, J. q. Henry Jocelyn, Jus. quo. - Robt Jordan Commissioner. Nic. Shapleigh.
A memorandum annexed states
1661-2 Mar. 21
that he (Nathaniel Masterson) has seized upon all the writings and Records in Mr Rushworth's hands and delivered them to Mr Champer- noone another.
1662 May 15.
All the writings &c. that he can hear of he has received and deliver- el to Mr Francis Champernoone according to the warrant. (6 f.)
1661-2 Jan. 30.
Warrant signed II. JOCELYN and ROBT JORDAN.
To summon the freeholders to assemble at a convenient time and place between that date and the 31st of March next ensuing to vote one of their best and ablest men to act in their behalf in the affairs of the province, to appear at Wells together with the votes sent under y firm on the 25th of May next. (2 f.)
1661-2 Jan. 30.
Warrant signed H. JOCELYN and ROBT JORDAN instructing notice to Le given to the several inhabitants to produce by themselves or proxies «: the gen1 Court on the 25th of May to be holden at Wells all deeds, conveyances and other legal documents by which they claim pretension lands or liberties within the province extending from Pascataway Siver to the River of Sagadahock, along the Coast and so to the head Kenebeck and 120 miles into the "Maine land." (2 f.)
1662 27th WELLS.
Reply of WILL. PHILLIPS speaker on behalf of the deputies (Richard Nowo alone dissenting thereunto) to -
43
RELATING TO MAINE.
Their worships having desired their concurrence in compliance and subjection to the authority declared to be from Ferdinando Gorges, Esq. Their answer is, that taking into consideration their present position as their subscriptions and oaths have bound them to the Massachusetts authority, they conceive it most agreeable to reason and the safety of . the country to "equesse" " under the said authority till a seasonable opportunity of trial occur to the gentlemen of the Massachusetts and their worship's before his Maty, &c. &c.
1662 May 27th WELLS. (2 f.)
Paper signed FRANCIS NEALE, Secretary, commencing as follows : " Resolved by the Trustees of Ferdin. Gorges, Esq., and Lord proprietor of this province of Maine, by authoritie derived to him from his sacred Majestie of blessed memorie being now in session, That wee neither doe nor may by any meanes approve, consent to or pass into an act the motion * * of this presence as being destructive and averse to ye libertees of ye freeholders of this province and against ye honour, properties and rights of our Lord, &c. &c.
At foot is the following note-
"The house desireth to know whether you have any further motions or bills to present unto them, as likewise according to yr promise a list of yr deputies names.
Francis Neale, Secretarie." (3 f.)
1662 May 21 WELLS.
Names of the Trustees.
Leeftent 1 WILLM PHILLIPS, Speaker.
2 M' GEORGE MUNJOY.
3 MT EDWARD RISHIWORTH.
4 HUMPHRY CHADBORN.
5 RICHARD NAYSON.
6 Mr WILL. SYMONDS.
7 JOHN SANDERS.
8 ARTHUR AUGER.
9 CHRISTOPHER LAWSON.
10 THO. HAYNES.
11 WALTER MATTHEWES.
In relation to what you sent us we have nothing to say.
Will. Phillips, Speaker.
Vera copia
Francis Neale, Secretarie.
* Acquiesce.
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EARLY DOCUMENTS.
1662 May 26. WELLS.
Document signed DANIEL DENISON, WILL. HATHORNE and RICHARD WALDRON, addressed to Mr Henry Jocelyn, Major Nicolas Shapleigh, and Mr Robt Jordan. The undersigned are sent by the Gen' Court of the Massachusetts to enquire into and demand by what authority they have summoned the present assembly at Wells and exercised authority over the people of Yorkshire, who have acknowledged themselves sub- ject to and are bound by oath to the govt aforesaid. (2 f.)
1662 May 26. Wells apud Curiam.
Reply to the foregoing communication signed by JOCELYN, SHAPLEY and JORDAN, to the effect they will give the foresaid Gen' Court all civil and Christian return when it shall appear then so doing to be in their names.
1662 May 26. WELLS. (1 f.)
Another letter signed DANIEL DENISON and the two others addressed to Jocelyn and the others. If the paper they have recd is properly understood, satisfaction as to their authority and commission from the Gen1 Court is required, if some meet way be propounded, the same may be communicated; the trouble might have been spared had their message by Lieutenant Davis found acceptance.
1662 May 27. WELLS. (2 f.)
Letter to DANIEL DENISON and the others by (not signed.)
According to the tenor of their first paper they desire a sight of their commission and permission for their Clerk (the present bearer) to take a copy. (1 f.)
1662 May 27. WELLS.
Letter signed DANIEL DENISON and the others directed to
Find their time consumed in fruitless and insignificant papers. To the last they signified by messenger their readiness to show their com- mission, although they are not convinced of any necessity to afford a copy. Have acquitted themselves of the first part of their message, which, had it been satisfactorily answered, would have spared the delivery of the second portion, viz: that in the name and behalf of the general Court of the Massachusetts they do protest against the late actings as injurious to the authority of that Court and tending to the disturbance of the inhabitants of Yorkshire, and do hereby in his Matys name require them to return to their subjection and obedience to the Court of the Massachusetts according to the articles subscribed at Kitterie, York, Wells and Sparwinck, and that they forthwith dissolve the assembly convened by them, &e. &c. (4 f.)
45
RELATING TO MAINE.
1662 May 27.
Protest of the Commissioners of Ferd. Gorges Esq. against any arbi- trary proceedings not immediately derived from his Maty, tending to the breach of the peace of the province and addressed to Major Daniel Denison and the others.
(2 f.)
1662 May 27.
Denison and other Commissioners of the Massachusetts, addressed to Henry Jocelyn, Francis Champernoun and others. Beseech them to remember their oath to the authority of the Massachusetts immediately derived from King Charles I. by Charter Aº 1628 .- Are not frightened by any commission from Ferdo Gorges, resting confident in the justice of His Maty (against all pretenders whatsoever) in whose definitive judg- ment they will acquiesce, cannot acknowledge Mr Gorges' Commissioners, &c. (4 f.)
1662 May 28.
Paper of agreement signed Dan! Denison and the others.
After the foregoing passages upon conference with Mr Jocelyn, Major Shapley and the other gentlemen who continued to assert Mr Gorges' interest in the County of York, it was agreed that Mr H. Jocelyn, Major Shapley, Capt Waldron and Capt Pike should keep a Court at York on the first Tuesday in July next to determine all causes civil and criminal, and that the Records be transferred to York and delivered to Mr Rish- worth, who shall be ready to return the same at the said Court into the hands of the then Recorder. Agreed also to a certain form in which the clerks of the writs are to issue process. (3 f.)
1662 May 27. Wells.
Summons addressed to the inhabitants of York and signed Dan1 Den - ison and others, requiring them to appear before them at a General Court of the Massachusetts assembled at the house of Francis Littlefield in Wells on the 27th inst at three o.cl. to receive such orders and direct- ions as shall then be communicated. (2 f.)
1662 May 27.
Instructions signed DENISON and the others to Nath. Masterson, Mar- shal of the County of York, requiring him to publish the warrant above written to as many of the inhabitants of Yorkshire as the time will per- mit, &c. (1 f.)
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EARLY DOCUMENTS
·1662 July 6.
Memorandum that on this 6th day of July 1662 it was resolved that Francis Neale Esq. Secretary, should with the assistance of Mr Robt Jor . dan draw up true copies of all "such Acts and Interactions" as have passed from the first day of Ferdinando Gorges asserting his right to the province of Maine after the 8th of Augt (12 Chas 2) to this present ?
time. And before they are transmitted to Ferd. Gorges Esq. they are to be submitted to Henry Jocelyn for his approval and subscription.
Added to the above is
A note by Francis Neale, that on the 9th of July in pursuance of the foregoing he demanded of Mr E. Richworth his assistance in reference to the records which are in his custody, to which he answered
That Mr Jocelyn and Major Shapleigh gave him no order in relation to any such concernment, nor did he receive order from Capt. Pike or Capt. Waldron, when assembled in the last Court at York, of any such command, is not willing therefore to deliver any such records. (4 f.)
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