USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 6
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1662 July.
Requirements made by ROBERT JORDAN, Commissioner, at an assembly Fis a iff2. 1.45 at Acomenticus, otherwise unduely called York in the province of Maine, the last of which commences as follows :
" I doe requier that noe person or persons be allowed or permitted to act or doe justice who is nott learned in ye lawes, who [is] nott a resident in this province of Maine, who hath not taken ve oath of supremacie &c." (5 f,)
1635 Feb. 3.
Paper touching the division of lands on the sea coasts among the patentees or adventurers of New England, extract from which as regards John Mason and Sr Ferdinando Gorges is as follows :
INV MASON. To begin at the middle of Naumkeek River and from thence to proceed eastwards alongst the sea coast to Cape Anne and round about the same into Pascataway harbour, and soe forwards up within the River of Newichawanock and to the furthest head of the said river, and from thence northwestwards till sixty miles be finished from the first entrance of Pascataway harbor ; also from Naumkeck through the river thereof up into the land west sixty miles, from which period to cross over land to the sixty miles end accompted from Pascataway through Newichawanock, and hereunto . is to belong the south half of the isles of Shoals and 10,000 acres on the south east part of Sagadahock at the mouth or entrance thereof.
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FERDINANDO GORGES. To begin at the middle of the entrance of Pas- cataway and soe to pass up the same into the river of Newichawa- nock and through the same into the furthest head therof, and from. thence northwestward till sixty miles be finished, also from Pascata- way river aforesaid Northeastwards alongst the sea coast to Sagada- hoek and up the River thereof to Kenebeck river, and through the same into the head therof, and into the land Northwestward untill sixty miles be ended, being accounted from the mouth of Sagadahock and from the period of sixty miles aforesaid to cross over land to the 60 miles end formerly reckoned up into the land from Pascataway harbor through Newichewanock river, and hereunto is to be added the North half of the isles of Shoales and also the isles of Capawock and Nautican neer unto Cape Codd.
1651 July 4th Pascataway.
Protest by JOSEPH MASON for Mrs ANN MASON, widow, against the proceedings of MIT Richard Leader upon her lands at Newichawannock and his buildings there, which had been made without consent or authority. (4 f.)
1652 Oct. 28.
Commission addressed to Mr Simon Bradstreet, Samuel Simonds, Capt Tho. Wiggin, Major Daniell Denyson, Capt Will. Hathorne and Mr Brian Pendleton, chosen by the Court to settle the civil governmt amongst the inhabitants of Kittery and the Isle of Shoals, signed Edward Rawson, Secretary. (6 f.)
1653 May 6.
Copy of Mr JOSEPH MASON's petition to the Gen' Court at Boston against their proceedings at Strawberry Bank. Divers intrusions and ineroachments made by the inhabitants of Strawberry Bank upon the lands lying at Pascataway confirmed under the broad seal of England to Captain John Mason and Sr Ferdinando Gorges . . so that now their houses are decayed, the fort in ruins and the guns excepting one piece of ordnance carried away. All which were erected and provided at a cost of many thousand pounds by the said Gorges and Mason. As the agent of Anne Mason, widow of Capt John Mason decd prays for relief and requests a commission may be appointed to take into consideration the damages and wrongs aforesaid, (10 f.)
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1652 July 29. Salem.
A copy of a letter from Mr Jon Endicott (Govr in chief at Boston) to Mrs Mason.
Acknowledges her letter touching her claim and has done what he can in the affair. The Court have not arrived at any issue, having deferred the hearing. There appears a want of legal evidence, she having sent over but a part of her husband's will, recommends her sending over the whole sufficiently attested and letting Mr Joseph Mason have a proper letter of attorney. There are other defects which have obstructed the proceedings, these Mr Joseph Mason, who has been a most faithful re- presentative in her case, can set right. Assures her of his disposition to serve her in any way.
A Postscript urges her to take a little advice of some good attorney.
1652 Nov. 10. (4 f.)
Privileges granted the town of Kittery in the province of Maine by the Commrs of the Massachusetts, subscribed Simon Brodstreet, Thomas Wiggin, Sam1 Symonds, Bryan Pendleton. The town of Kittrey hay- ing acknowledged itself subject to the government of the Massachusetts for the settling of governmt among them and the said Commrs have thought fit to grant, viz.
That the whole tract of land beyond the river of Pascataway north- erly together with the isle of Shoals, shall be henceforth known by the opposes this change 4's name of Yorkshire.
The people there dwelling to enjoy equal privileges with those on the south side of the river of Pascataway, &c.
Kittrey to remain a Township and enjoy the privileges of a Town, &c. To enjoy the same bounds as have formerly been granted according to survey.
Each town and its inhabitants to enjoy all their rights, titles and vested interests in their houses and lands, which they possess from former grants, &c.
The town of Kittrey to send one Deputy to the Court of Election and two Deputies to each court if they see fit.
The present inhabitants of Kittrey to be freemen of the Country with liberty to vote for the Election of the governor and other officers.
The County of York to have County Courts in convenient places within itself.
Every township to have three men appointed by the County Court to end small causes, &c.
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The shire may have three associates to assist such Commissioners as the Massachusetts shall send and such Magistrates as may come among them.
The whole county of York shall not be drawn unto any ordinary general training out of their county without their consent.
The inhabitants of Kittrey to have the same privileges that Dover had upon coming under the government.
All such as subscribe voluntarily before the ending of this court shall have the privilege of indemnity, &c. &c.
Certain debts and imposts being due to the inhabitants of Kittrey and Acomenticus and some debts being due from them to particular persons for public occasions, it is agreed that Mr Nicholas Shapleigh shall collect the monies due and pay the said debts, rendering an accompt within one month to the Commissioners, &c.
[There are two copies of this document. The older one has an addition to this effect, viz .: ]
That some of the above articles have been infringed.
1stly That the whole tract of land &c. &c. is to be henceforth called > by the name of Yorkshire. Now a new country to the northeast be- " yond the extent of the Province of Maine, called first Masonia, then the - Duke's province, and now by the Massachusetts, Devonshire. And the . Isle or isles of shoals rent from Yorkshire and added to the County of Portsmouth and Dover in New Hampshire.
7thly That all the present inhabitants of Kittrey shall be freemen, &c. &c. Now several that have formerly taken the said oath (for conscience sake dissenting in opinion) are since disfranchised and there- by incapacitated of bearing any office and do so continue. (12 f.)
165 .. Novr 6. Province of Mayne.
Letter signed EDWARD GODFREY in the name and by the order of the General Court addressed to ---.
Alludes to a combination for governmt entered into, as by a remons- trance and petition to the persons addressed of December last 1651 does more at large appear.
Since which time have paid obedience to sundry Acts of Parliament, declaring the Islands and plantations of America to be subordinate to the Commonwealth of England.
Conceiving themselves members of the said Commonwealth consider themselves in duty bound to render an accompt of all their proceedings as well as proceedings of their neighbours the Massachusetts towards them, who have laid claim to their Government and propriety, notwith- 7
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standing quiet possession has been had for these twenty years past, which fact is not disowned by them, their bounds as set out by the State of England being three miles this side of Merrimack river, which comes far short of this province, several other patents lying between, &c. Desire therefore their honours to give audience to Mr Richard Leader, whom they have empowered to transact their affairs, &c.
(6 f.)
[This paper is damaged and decayed on one side.] 13 Car. II. 29. Apr. Orders and proceedings of the Council for Foreign plantations.
" Dies Lunae XXIX die Aprilis.
Ordered that Mr FERDINANDO GORGES' petition and that of Mr De Caseres and others, both referred to this Counsell by his Maty, be taken into consideracon this day fortnight."
Dies Lunae XIII May.
Mr FERDINANDO GORGES' petition (formerly referred to this Counsell by his Maty ) being this day read. It is ordered that my Lord of Marl- borough, my Lord of Portland, my Lord D'Acre, my Lord Berkeley, Mr Boyle, Mr Willoughbie, Sr Peter Leere, Sr John Mennes, Sr John Colliton, Coll. Venables, Mr Pym, Mr Povey, Mr Glascock, Mr Kendall and Mr Coll. Middleton, or any three of them, be appointed a committee to consider of the same and of the severall patents_concerning the pro- vince of Mayne in New England, and to receive all examinacons and testimonies concerning the severall rights thereunto belonging, and report the same together with their opinions to this Counsell on Monday next. The said Committee in the ineane time to meete (for the purpose afore- said) at the Inner Court of Wards on Friday next at nyne of the Clock in the morning and to adjourne as they shall see cause.
Dies Lunae XX May.
The Committee for that purpose appointed referred their further pro- ceeding upon Mr Gorges petition till Monday next at two of the clock in the afternoone in the Inner Court of Wards.
Report of the Council of Plantations touching divers complaints, peti- tions and other informations concerning New England.
It thus alludes to Maine :
" This Council hath also heard diverse complaints from Edward God- frey, Robert Mason and others, urging yt ye Massachusetts have unlaw- fully invaded ve province of Maine and ye province of Hampshire." (10 f.)
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RELATING TO MAINE.
Petition of FERDINANDO GORGES, Esq.
To the Kinges most excellent Matie, The humble petition of Ferdinando Gorges Esq. sonne and heire of Sir Ferdinando Gorges Knt, deceased.
Most humbly sheweth-
That the said Ferdinando Gorges yor petitioner's Grandfather, being divers yeares since chiefly instrumentall in discovering and reduceing of 55 New England in America to the obedience and governmt of the lawes of this kingdome, and having spent many yeares time and vast sumnes of money therein whereby he exhausted the greatest part of his fortune, and the same being thereby brought to some perfection and hopes of advantage yor Maty's late Royall father of ever blessed memory in the \'Vth yeare of his raigne was graciously pleased to graunt unto the said Sr Ferdinando Gorges yor petitioners said grandfather, his heires and assignes for ever, a patent of a considerable part thereof called the Province of Mayne, the same conteyning every way 120 miles wth very many large privileges and immunities as in and by the said patent under the great seale ready to be produced it doth and may at large appeare. Long before and since wch said graunt yor petitioners grandfather at his very great charge hath sent over severall persons as his deputies to governe the said place.
That certaine English inhabitants in New England called the Mathe- thewsits takeing advantage of the late rebellion have dureing wch time yor peticoner dust not assert his right to the said premisses with- out any colour of right encroacht upon all or upon the greatest part of the said premisses discended into yor peticoner from his grandfather as aforesaid, and that severall other persons who in trueth at most were but Tenants under some yearely rent and other services unto some small and inconsiderable part of the said premisses under yor peticoners grandfather, doe now clayme the same as Lords and proprietors thereof whereby yor peticoners grandfather's vast expenses aforesaid are like to be utterly lost and his patent (weh was the greatest patrimony that y peticoners grandfather left him) wilbe rendered unprofitable to him without yor Mates most gracous help and assistance.
Yor peticoner therefore humbly prayes yor Matie to take this matter into yor most gracous consideracon, the same being of very greate concernemt unto this yor Kingdome of England, or els that yo' Matie would be pleased to referre the consideracon thereof to yor counsell for forraigne plantacons to examine the whole matter
April 1661,
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and yor peticoners title thereunto and to certifie yor Matie the trueth of the premisses.
And yor petitioner as in duetie bound shall ever pray for your . Maties long and prosperous voyage.
At the Court at Whitehall the 4th of April 1661.
His Matie is gracously pleased to referre this peticon to the_Councell for forreigne plantations, who upon due consideracon and examinacon had of the Petrs title to the premisses and what is by him alleadged, are to certifie his Matie how they finde the Petrs case to stand, together wth their opinions what is fitt to be done thereupon for his just reliefe. And then his Matie will declare his farther pleasure.
Edw. Nicholas.
1660 Mar. 14.
Letter and information of M' EDWARD GODFREY, sometime governor of the Province of Maine, concerning the consequence of that Province and the usurpation of the Bostoners.
Explaining Capt Jo. Leveret's not appearing as agent for the Massa- chusetts, &c. &c.
Alludes to the faithful services of himself for twenty five years past until ejected by the Massachusetts, and speaks of his only son's loss of time and charges in transporting his wife and family here, where they now remain ; he then continues as follows --
"I ever tould you that Pascattowaie River and the p'vince of Maine is of more consarnement to his Mure for trade present and futuer with dis- covery of the Countery then all New England besides, and other reasons as by the mappes may appeer, wheather it bee not fitting yf a generall gove should goe the jurisdiction of this Estern pts may not bee regulated by comition as formdly thirty years without complaint ther or heer nor neaver questioned tell 1652. Boston would bee a free stat and sunddry pattentes.
1 The distance ny 80 myles dangerus by sea and in the wynter not pregnable for divers reasons, as snow wading, &c.
2 It will discurridg any publique sperited men to undertake the like action, being roume for many 1000 famylies, after 30 yeares to bee de- barred of their prviledges.
3 His Mate will have more power over booth, the one to bee instru- mentall to keepe the other in its dew obedience.
4 It will cause an emulation who shall give the best acco of the actions to the supreme power on wch all pattentes depend.
5 Some of the Pattentes have ther Relation heer and for extracting long experience in the Countery equall wth any in Boston and have ever .
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wtel for his Mates interest, have pattents comrs form'ly, and now living Capt Henery Josseline, Capt Francis Champenone, Mr Tho. Jourdan, as orthodox devine for the Church of England and of great pts and existe, M' Jo. Geffard, goeth this yeare Mr Joseph Mason ther for Ed. " ifrey hee is to ould to acte, yet Oliver Godfrey his sonne and gran- chill being well versed in the Countery yf com'ded will wth the p'sidentes of Exl. Godfrey assist to the uttermost ther life and power. Excuse my baldnes being yr ever obliged servant to bee com'ded
Ed. Godfrey.
14 M'ch '60.
(Portion of the address is torn away, the remainder is)
For the Rig. Thomas (10 f.)
1661 Feb.
Report to the King signed ROB" MASON, JNº EXTON, G. SWEET, WILL. TURNER, Sr RICHD FORD (Drs of Lawes) to the following pur- port.
That having, according to his Matys reference upon the petition of Robert Mason of the province of New Hampshire and Edwd Godfrey, late govr of the province of Maine, heard the petition and summoned all interested therein (to which none appeared except Capt. John Leveret who acknowledged that he formerly was commissioned agent of the Boston people, but now had no authority to act in their behalf) they find that John Mason, Esq., grandfather of one of the petitioners, had several grants of land from K. James, expending much money in settling plantations, &c.
That Edward Godfrey hath lived there for many years and discharged the office of governor with the utmost integrity ; that moreover he hath been turned out of his place as Govr and evicted from his lands and estates, which the Massachusetts still detain from him to his great damage.
That about thirty years ago a house as a boundary was erected by the governors of the Massachusetts dividing the Colony from N. Hamp- shire. With this division they were contented until 1652, when they enlarged their bounds above eighty miles beyond their settled limits, en- crunching upon the inheritance of petitioners, who by menaces and force of arms were compelled to submit .- The Massachusetts have besides for many years past endeavoured to erect themselves into a free colony or commonwealth independent of England, and rather than
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submit to a gov' from thence, have asserted that they will sell the Colony to the King of Spain.
It appears by examination of witnesses that Robt Mason has suffered in his estate and plantation to the extent of £15,000.
All this they report to His Maty, not presuming to hazard an opinion in a business of such importance wherein public interest and His Matys government are so intermingled with the private interests of petitioners.
With a memdin that the original was delivered to Sir Willm Morrice, one of the Secretaries of State. (9 f.)
1663 Apr. 7. Ludgate (London).
Letter from MY GODFREY to M' POVEY (one of His Majs Council for Foreign Plantations).
Sir,
I have form'ly wrot yoe a breefe discription of the p'vince of Mayne how it standeth att p'sent, know yt Columbus offered the discovery of the West India to Henery the 7th ; you ar att present offered a tracte of lande all reddy discovered and in pt. populated wth Inglish wch for . futuer and discovery is of more consarnement then any pt. of America as yet setteled on by the English, and that you may have p'sent p'fit, without 1ª charges; honor and good to yor selves wth you and my Lord Roberts sonne Mr Hender, glory to God, good to his Matie, benyfit to yor selves and good to the whole countery. Send but for Gorges to Mr Francis Lutterells att Grase In and taulke wth him you will fynd him a man not capable of such a great busines to bee the undoing of soe many loyall subjects and suffer thos ptes of the wch till 1652 had ever lived according to his Mati lawes as by the report you know and yr hand testifieth but now is mad a recepticle of thos of Heugh Peeter Vane: Vener: Baker: Potter, who to avoyd ther p'cipies fly theether (con sacer in sacro) for shelter and keep us loyall subjects out of our inheritance after thirty yeares possession soe deerly bought, now in great mysery except God rayes freunds. I humblie desyer you to taulke wth mylord Roberts sonne M' Hender and that I may know yr resolu- tion, though Gorges grandes have plundered my house in New England and possessed themselves of most of my collections, records, p'sidents and paps of fifty five yeares travell, I have sufficient heer to guid a right course and settell thos pts as form'ly to any reasonable man and that wthout 1d charges but p'sent p'fitt to the undertakers, I humbly crave two words in answer and rest
Yor sarvant to bee com'ded
Edward Godfrey.
Ludgat, adi 7 Aprill 63.
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(Postscript )
Att the closing heerof nuse is brought mee that one Mº Nicoles belonging to the Duke of Yorke is to goe for New England wch yf yo" may informe him of me I have all passages of forty yeares in that countery will serve him and you what is needful. E. Godfrey.
(Addressed) For the right worship
Thomas Povey thes p'sent.
1663 June 25. Cambridge. (N. E.)
Letter of DANIEL GOOKIN to FERDINANDO GORGES, Esq.
From Mr Gookin to Mr Gorges abt selling ye province of Maine to ye Massachtts. Sr
Though I am a stranger unto you in person yet tis not improbable that you have heard of my name, because my father who bore the same name was intimatly aquainted with your honoured p'decessor S' Ferdenando Gorges, and was interested with him in his New England 5/ atfaires, as some writeings concerning that matter under Sr Ferdenandos hand and seale in my possession do evince, and tis like the same may be wth your selfe.
The providence of God having sett the bounds of my habitation in New England where I have resided neare twenty years and a good part of -1643- 1963 that time imployd in publiqe affaires and so have had mo . . opertunity to understand some things relating to your selfe in your claime to the province of Mayne, as also the claime made to the same by the juris- diction of Massacusetts, and now things grow up to a greater diference then formerly betwene them and you: being studious of peace and unity in waies of righteousnes among the English in this wildernes I have p'sumed to set before you a few considerations touching this affaire wherein my desires is to intend yor honnor and benefitt as well as the publiqe good before hinted. Sr t'is not unknowne to you (I con- ceve) how the body of the people in that province several years since (being wearied with annarchy among themselves) made their earnest G. application unto the jurisdiction of the Bay for protection and govern- ment and accordingly were accepted upon articles, submiting and swear- ing fidelity to the same, which agreement was to continue inviolable untill the supreame power in England did release them, after wch time ' the extent of the line of the Massacus . .. pattent to the N. E. (never before stated) did according to the judgment of good artists therin im-
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ployd take in the greatest part if not all yor province, under web setle- ment those parts have remained in a quiet posture for sundry yeares, but of late they have been interupted upon p'tence of commission for your selfe, the consequences whereof hath tended much to the disturb- ance of the peace and good government of that place and I beleve hath brought but litle profitt to your selfes, for the body of the people in consience to their oath and articles still adhere to the gov'ment of the Bay and frequently make their adreses to it for protection and justice, and yors doe not appear to have strength and intrest enough to com- pose and satisfy them. The jurisdiction of Massacusetts have not been forward to enter into a contest with you in this matter, finding it dificult to rule wel a remote and divided people; but the frequent solicitations of the people in that province urging a performance of covenant hath put them upon endevors to p'serve peace and order among them and suprese the contrary. And for that end commissioners have been once and againe sent and compositions made wth yours, But p'sently againe broken by somne among them upon p'tence of yor authority so that now it is probable you will heare, and yt wth great agravations, that Mr Jor-" dan is secured, the only end wherof is to p'serve publique peace, for some men there are in the world who are impatient of any power that will bridle their lusts and disorders. This being the state of that affayre I pray Sir, consider whether it be not advisable for you not too readily to entertaine prejudice from those mens information nor yet countenance them in their actings which I assure you are neither for your honour nor profit, but to consult whether it be not more for your interest to make some honourable composition with the jurisdiction of Massacusetts for yor claime which I beeleve they wil comply withall rather than ingage in a contest with you; and will not this more conduce to your ad- vantage then a continual exhasting (what you can rationaly expect from them if not more) for the suport of Government there besides the hasard and discouragement of the more sober and industrious part of the people to desert the place, which they are ready to do as I heare if thinges remaine as they are; as for yor propriety in any lands possesed and improved you may still reteyne yem if you please, I beleve if you did
al?
] make som in a letter or imploy some person to deale in it
you may hav . . ble . . . some of mony paid you for your claime. Sr I desire you will seriously consider what is here p'sented which you may bee assured is from one that wishes your best good, so desiring the Lord God to direct you herein that you may doe that which is.most for
* Torn away with the seal.
: Mu. Robert Jordan "as"a prisoner at Boston " in July 163 . Maps. Col. Rue . V .
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