USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 7
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his glory and yor best good craveing excuse for my boldnes with the presentment of my respects and service I remaine Sir,
Yours to honour and serve you
Daniel Gookin.
Cambridge in New England, June 25th 1663.
l'etition of the inhabitants of Portsmouth, Strawberry bank, Dover, Exeter, and Hampton, praying to be freed from the jurisdiction of the Massachusetts, bearing the following signatures :
FRAN. CHAMPERNOWNE.
EDWARD HILTON ABRA. CORBETT
JOHN FOLSHAM
MARKE HUNCRINGS (signum)
- THOMAS WALFORD (signum)
HENRIE SHERBURNE
JAMES JOHNSON (signum)
ROBERT BURNUM
RICHARD SLOPER
EDWARD WEST
JOHN PICKERING senr (signum)
JOHN POTTELL
FRANCIS DRAKE (signum)
JO. VANNER
FRANCIS GRAY
GORG DRAP
NATH. DRAKE
JOSEPH ATKINSON
JOHN SHIRBORNE
ANTHO: BRACKETT
FRA. RAN (signum)
JOHN JACKSON
WALTER ABETTS (signum)
PHESANT EASTWICK
WILLIAM SEAVEY
WILLIAM HEARLE (signum) JOHN WEBSTER JOHN JONES (signum)
FRANCIS JONES (signum)
RICHARD SEAMOND
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WILLIAM COTTON (signum)
JOHN WIDDON SAMUELL WHIDDON (signum)
1
- JAMES JONES
THOMAS FOOTEMAN
ROBT WATSON
DAVID HAMMDLETON
JAMES HARBEN
PHILLIP CHASLEY
PATRICK JAMESON
DANIELL BLAKE
SYMON LEA
JAMES OARE
JAM: SMITH
PATRICK DENMARKE
WILL: JONES
THOMAS ROBERTSON
RALPH TIRMLEY
THO. HANSON
JAMES NEWTH
JAMES BUNCKER BUNKER OF DOVER
WILL: FOLLETT JOHN GODARD
ROBERT HYNDEN
BEN: HULL
JOHN YORKE
RICHARD YORKE
JOHN HILTON
JOAN HUNCKING
THO. AVERY.
A true copy attested by Fra. Corbett. (4 f.)
Petition of part of the inhabitants of Portsmouth and Strawberry Bank, signed by thirty two names with the names of six individuals petitioned against. (5 f.)
1665 Oct. 19.
Petition of the inhabitants of the province of Maine to the King, shewing that petitioners have been long distracted by the several pa- tents and claims made for title and jurisdiction ; some of petitioners "were seated by Mr RIGBY's power, some by the Massachusetts, others by possession," &c., and they are much afraid lest they be further en-
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tangled by ME Gorges in their lands if not deeply oppressed by two high chief rents, pray to be under his Matys more immediate govern- ment.
[A foot note states this to be a true copy of the original transcribed and compared under the above date.] (5 f.)
The case of FERDINANDO GORGES, Esq., in reference to his right and title to ye province of Mayne in New England, wch hee claimes as heire to Sr Ferdinando Gorges, his grandfather, according as ye same hath appeared prov'd to ye Right Honoble the Lords Comtee for For- eigne Plantac'ons, viz :
That Sir Ferd. Gorges having in the 15th year of King Charles ob- tained a grant of the province of Maine, spent upwards of £20,000 in planting and settling the same, being in hopes to receive some advan- tages thereby, but engaging in his Maties cause he was plundered and imprisoned and lost possession of his province until the restoration.
M' Gorges having represented the matter to His Matie, and the matter having been fully discussed (the agents of the Bay of Boston pretending no title to the province but only to the government), by royal letters of the 15th of June 1664 peaceable possession of the said . province was ordered to be delivered to Mr Gorges.
Consequently Mr Gorges Commrs having obtained possession, pro- claimed his Maty, administred oaths of allegiance and began to keep courts &e., but after three years quiet possession, some factious persons of the said province procured Commrs to be sent from Boston who turned out all officers civil and military, imprisoning some and seizing the Records, acting contrary to his Matys Mandamus of the 10th of April 1666,
The Bostoners thereupon being required to come over and render an account of their proceedings, have thought proper to disobey the royal command and exhibit contempt of his Matys authority.
The Earl of Anglesey being to make report hereof to his Maty in Council.
It is prayed
That Gorges may be restored to the possession of his rights in the province and that the Records may be returned.
". That some of the persons who have so acted and disobeyed may be sent for over ..
And that satisfaction be given to those who have suffered imprison- ment for acting according to his Matys pleasure. (7 f.)
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Considerations in order to the establishment of His Matys interests in New England.
. Mr Mason having agreed to surrender the province of Hampshire to his Maty, which has been accepted, and Mr Ferd. Gorges being in treaty for the surrender of Maine, in order thereto it may be necessary that Commissioners about the number of five be sent with instructions and powers to effect his Matys intentions.
That they proceed to Portsmouth where there are many of great estates well affected persons towards his Maty, being lately oppressed by the potent corporation of the Massachusetts.
That they make acquaintance with the principal persons in the place, letting them know, that they have a commission from his Maty, who now has a propriety (as well as dominion) by the surrender of the grants to the Ancestors of Mason and Gorges.
Although by the said surrender his Maty is vested with an undoubt- ed legal right to the whole soil &c., contained in the said grants, yet his intentions are to give a good and secure title of inheritance of lands and tenements to all now in possession by a confirmation upon very small acknowledgements, viz. the 20th penny of the present yearly value for a yearly rent and one 20th penny present yearly value by way of fine.
That when they see a fitting disposition in the people they do treat about the improvement of Trade there and the supplying the King and the nation with masts, timber, &c. &c., and submit to certain duties and regulations as in other colonies.
That as soon as good impressions are substantiated, it be made known that the King by proclamation will declare his intention of giving his protection and encouragement to the trade of his subjects in New Eng- land.
And that if any town or province therein will not submit to the ne- cessary duties &c. it shall be debarred from trading with England or any other His Matys colony or plantation.
That as the Comm's may deem it necessary to leave one or more of their number in such places as they shall see requisite, they be em- powered to join other persons in commission with them, &c.
That until these two provinces shall be in a good measure settled, or that some inclination towards compliance shall appear in Boston, or other lesser corporations, no applications or demands be made to them lest they intermeddle in the proceedings of the comin's in the . other provinces of Hampshire and Maine. That it be most prudent to trade with them as under and upon different grounds.
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RELATING TO MAINE.
That it may be sufficient in this first attempt to aim at and to obtain a submission to His Matys new right upon these two provinces and to the settlement of Trade and Customs there, &c. &c. (21 f.)
Considerations relating to the Expedition of the Commissioners to New England.
2500£ to be granted for the five Comms, viz. 500£ to each by way of advance. Also a sum of 300£ for clerks and necessary attendants on this service, making £2800, to which a further sum of 200£ may be added for other charges, the total not to exceed 3000.€.
A fourth rate frigate and a small ketch to be appropriated for trans- porting the CommTs.
The composition to be finished with Mr Ferdinando Gorges. (4 f.)
Petition of WILLIAM, Duke of Hamilton, and ANN, Duchess of Hamil- ton, to the king.
Shewing that by reason of the late unhappy war persons have pos- sessed themselves of the best and most considerable parts of the peti- tion's lands (in the province of Maine), acquired through purchase by petitioners father Pray to be restored to their just rights.
1664 May 6.
A memorandum under this date states, that His Maty was pleased to refer this petition to the Commrs employed to settle the affairs of New England to report their opinion thereon. (5 f.)
Report upon a petition which has been referred, signed G. Palmer, recapitulating particulars which have been already recited, touching Gorges right to the province of Maine, with certificate of its being com- pared with a true copy by Michael Brighouse. (6 f.)
CHARLES the 2nd to the inhabitants of the province of Maine concern- ing Mr Gorges title.
Reciting that Sir Ferd. Gorges did expend a vast sum of money upon the plantation in hopes to receive some advantage therefrom by way of recompense. But the wars breaking out in England he (the said Sir Ferdinando) although between three and four score years of age, did personally engage in the king's service and particularly in the siege of Bristol by reason whereof when it was necessary for him to appear be- fore the council and committee for Foreign Plantations, he was wholly discountenanced by them and the people in the said province encouraged to disown his government A party of the inhabitants petitioning the Massachusetts to take upon them the govt of that province also (which they did), Sir Ferdinando and the petitioner being ever since deprived
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of the issues and profits of the said province, &c. &c. Taking the same into consideration and finding petitioners' allegations and the report of counsel to be consonant, has thought fit to require them forthwith to make restitution of the said province to him, the said Ferdinando Gor- ges or his Commissioners, and deliver peaceable possession without delay to him or them, or otherwise without delay show cause to the contrary. (17 f.)
Declaration concerning the province of Maine at a Council called by the Governor, Capt Googing. Mr Russell and Mr Lousher held at Boston 30 Novr 1664.
In answer to a letter directed to the Govr and Council from Mr Henry Joslin, John Archdale, Edward Rushworth, &c. on the behalf of Ferdi- nando Gorges Esq. for the surrender of the province of Maine, &c.
The council assembled do declare that the lands contained in the county of Yorke, by them called the province of Maine, were and are claimed as part of the patent granted to the Massachusetts, which patent precedes the patent granted to Sr Ferdinando Gorges, and therefore the Council may not give up the interest of the colony without the consent of the Gen! Court who doubtless will be ready to attend his Maties order in taking their first opportunity to give his Matie their reasons for their so claiming.
The council do further believe that they have good reason to believe, that his Maty has been misinformed respecting this matter, &c. &c.
They do further declare that no commissioners ought to exercise any govt in Yorkshire or the province of Mayne by virtue of any Commis- sion from Mr Gorges, but ought to continue their subjection to the Mas- sachusetts, &c. &c.
His Matr having declared his pleasure that the Massachusetts colony shall have liberty to vindicate their right before any absolute injunction of their surrender, if any evil or inconvenience fall out by the interposi- tion of the Commrs aforesaid, they must be accountable as the authors thereof. (5 f.)
1665.
An Answer by letter from the General Court of the Massachusetts Colony in New England upon their receipt of the coppy of a peticon of Ferdinando Gorges and severall others of the province of Maine and Laconia to the peticon complaining of them for seizing of their lands and subverting their ancient government, they refusing to take the en- gagement to the commonwealth without King and House of Lords, . whereas they, the Peticoners, had in obedience to Acts of Parliament one
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thousand six hundred forty eight, as they call them, taken it and advised the honorable state of it, &c.
Att our first comeing hither into this wildernesse and for some yeares after multitude of occasions in the beginning of soe great an undertaking * Jid hinder our exact takeing notice of or laying claime to ye utmost extents of our lymmits especially to the Northward, nor had wee. for some tyme after our comeing hither occasion to make use thereof. Yet did we never sett up our bounds three miles East of Merrimack as the petition mentioneth. But as occasion was given have always asserted + the same lymmitts that now wee clayme, though wee knew not certaine- ly till tryall made where it would fall.
In the meane tyme severall persons procured pattents of certaine Tracts of land within the lymits formerly granted us. Whence it came to passe that there were severall little governments sometymes by pat- tents, sometymes by combination, sometymes the people left in distrac- tion and confusion without any, and in great danger and hazard of shedding one anothers' blood.
Whereupon first divers of the inhabitants of Pascattaqna peticoned this court that as they were conceived to be within the lyne so they > might be actually taken in and governed by us, which accordingly was done by commissrs sent from this Court with the ge'rall consent and · good likeing of all the inhabitants and persons interested therein, and soe wee have continued in peace and enjoying the fruit and benefitt of · good government to this day.
After wee tooke a more exact survey of our lymmits and finding those easterly parts menconed in ye peticon to fall within our patent, which is more antieut and more authentique then any other pretended to by the petitioners, we made declaration thereof to the inhabitants resideing within the aforesaid precinets, being likewise peticoned soe to doe by divers of the inhabitants beyond Passeattaqua (a River now called Yorkeshire), and after some agitation and conference with the rest of the people there wee came to a friendly and amicable conclusion, that as they were within our pattent soe they would for ever be subject to our goverment, wherein they were well satisfyed and find the benifitt thereof as their petition to his highnesse doth declare.
Nor was it matter of proffit that moved us hereunto, for wee have neither received nor expected any thereby, but the obligation of duty that lyeth upon us to see the people within our pattent governed ac -. cording to God, and hath been our dilligent care and endeavour and soe shall alwayes bee, that all just possessions and empowerments shall be
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preserved and confirmed to the true proprietors here, as it is amongst the rest of the inhabitants that have been under or government from the beginning.
There are severall other scattered inhabitants, that live more easterly, observing the benifitt their neighbours have reaped by good govern- ment have offered themselves to us, which yett wee are slowe to accept off, because without our lymmitts which wee desire not to enlarge.
It is noe strange thing that Mr Winthrop, Mr Dudley, &c. should long since before our lymmits were exactly knowne seeme to owne those for distinct govermts which in truth were none but included in this of ours, as upon the running of our line did manifestly appeare.
Upon complaints relating to the bounds and lymits of the Patent of the Massachusetts I humble desire on their behalf that they may have notice thereof and liberty to answer for themselves before any deter- minacon be made in the case which being done I doubt not butt they `will acquiesse in such conclusion as by the Kings most excellent Matie, or any substituted thereto by him shall make in the case.
1665 May 30. Boston.
Letter signed RICHARD BELLINGHAM in the name and by the order of the Gen! Court, addressed to the Right Honble Sir Wx MORRIS, one of the Secretaries of State.
The Gorr and Council of Massachusetts Colony being commanded by his Matys letter of June 11th 1664, to make restitution of the pro. rince of Maine to Ferd. Gorges, Esq., or his Commissrs, or shew reason to the contrary, in order thereto (as in duty bound), they do declare that at the first beginning knowing their grant to extend three miles Northward of the most northerly part of Merrimack River, they found no immediate need for settling the bounds of their patent, yet the people having increased, the Court did in 1652 commission two credible persons with two artists to discover the northernmost part or branch of Merimack River, &c. &c.
Likewise afterward other skilful artists were commissioned to take the same height of Northerly latitude at the sea coast, as the former Commiss's had taken it within the land, &c.
A map of the whole tract, granted them by the King, has been sent to His Matys Comm's, whereby it will appear that the land claimed falls within the limit of their patent. Requests that he will signify to his Maty, that their charter bears date ten or eleven years previous to that of Sr Ferdinando Gorges, which fact they consider sufficient to con- firm their right. (9 f.)
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1665 May 17.
Attestation of SYMON WILLARD and ED. JOHNSON touching the at- tempt to discover the course of the Merimack river, taking with them two Indians. Having gone up about 60 miles short of the lake, they found there came two rivers into one, one front the Westward of the North, and the other from the Northward of the East. On enquiry of the Indians, which was Merimack river, the answer was, that which came from the Easterly point, which river was followed into the lake this 17th of May 1665.
Attached to the above
Observations taken by Jonas Clarke and Samuel Andrewes of the Northerly bounds of the patent, taken 1653 Oct. 13th.
Also
Observations taken by John Sherman and Jonathan Ince ( Artists accompanying Capt" Symon Willard and Edward Johnson,) of the latitude of the head of Merimack river. 1652 Aug. I.
Also
Affidavit of Peter Weare touching his knowledge of the extent of the River Merimack, attested 1665 May 17.
Also
Evidence of Richard Walderne of what he knows about the name of Merimack River. Attested 1665 May 17. pp. 242. 245. (21 f.)
An endorsement runs thus
"Amongst the papers of Mr Gorges and Mr Hartlib."
Report of his Matys Commissioners concerning the Massachusetts. After relating the doings of the Massachusetts it goes on to state that "On the last they have usurped Capt Mason's and Sir Ferdinando Gorges patents and said that ye Comm's had nothing to do betwirt them and M' Gorge because his Matie commanded them to deliver possession to M' Gorge or to give his Maty reasons why they did not."
And further on as follows-
"This Colony which hath engrossed the whole trade of New England and is therefore the richest, hath many towns, but not one regularly built within its just limits, wch ye Comm's said to be Seronnet Brook on ye southwest and Merimack River on the northeast, and two right lines drawne from each of those two places till they come within twenty miles of Hudsons river, for that river is already planted and given to his Royall Highness."
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Again
"In this Colony the king hath very many loyall subjects, who petitioned their generall Court at his Majestys first coming in for the owning of his Mutie, and now lately for complying with his Matys Commrs, but have had neither unswer nor good look since. They are sorry that so few (for there are scarce above eight of the most factious) should carry on so strong a faction, yet they are so overawed, that they can do nothing to remedy it." dc. d.c.
NEW HAMPSHIRE. (27 f.)
New Hampshire is the name of a province graunted to Capt ROBERT MASON about the year 1635, and was to begin on the sea coast three miles easterly of Merimack River and reaches to Piscatoquay and sixty eight miles of that breadth up into the Country, but now it is usurped by the Mattachusetts, who pretend that it is within their bounds and that the people petitioned to be within their protection ; it is true that difference of opinion made a division amongst them, and a few who were for Congregationall churches did petition for their assistance by which occasion partly by force partly by composition they have engrossed the whole and named it Norfolke.
When the Mattachusetts Charter was first granted, the mouths only of the two Rivers Charles and Merimack were knowne to them, for they durst not travaile farre up into the country; presently after there was an > house erected three large miles north from Merimack, which was for seventeen years called and knowne to be the bounds of the Matachusetts and in that time was the patent graunted to Capt Mason.
. Mr Wheelewright was banished out of the jurisdiction of the Matta- chusetts and was permitted to inhabit immediately beyond that bound- house, as himself gave testimony before the Commissioners.
1 Mr _Mason had a patent for some land about Cape Anne, before the Mattachusetts had their first pattent, whereupon Capt Mason and Mr Cra- dock who was the first Governor of the Matachusetts and lived in London, agreed that the Matachusetts should have that land which was graunted to Capt Mason about Cape Anne, and Capt Mason should have that land which was beyond Merimack river and graunted to the Matachusetts.
This agreement was sent to Mr Henry Jocelin to get recorded at Boston, but before he could have leisure to goe thither he heard that Capt Mason was dead and therefore went not. Of this he made affidavit before the Commissioners, who forbore to doe any thing about the limitts of this province, till this might more fully be proved, though the gene- rality of the people petitioned to be taken from under the Matachusetts tyranny as themselves styled it.
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The Matachusetts, since they had the government of this province, - have graunted and divided the land into severall towneships which are very large and thinn, three of which are seated upon Pascataway river, which is a very good harbour and very capable of Fortification; here are excellent Masts gotten and dry docks might be made and upon this river are above twenty saw mills and here great store of pipe staves are made and great store of good timber spoyled.
MAINE ..
The province of Mayn begins at the Easterne side of Piscatoway and reacheth to Kenebec River, it was so named and graunted to Sr FER- DINANDO GORGES by King Charles the first, but was usurped also by the Mattachusetts under pretence, that it was within the limitts of their Charter, and that the people petitioned to be under their government and they named it Yorkshire. One gentleman who refused to submit She is to the Mattachusetts and suffered great losses by them, shewed the Commissioners a warrt which the Mattachusetts made to have him brought to Boston alive or dead, and now demaunds justice against them. This province upon petition of the inhabitants and the differences betwixt Mr Gorges Commissioners and the Mattachusetts, his Matie commissioners tooke into his Maties protection and Government and appointed justices of the peace to governe them untill his Maties pleasure be further knowne.
The inhabitants afterwards petitioned his Majesty that they might alwaies continue under his Majesty's immediate Government, and that Sr Robert Carre might contmue there their Governour under His Ma- jesty, which was lost at sea.
In this province also an Indian Sachim, who lives neare to the great lake, from whence flowes Merimack River, petitioned His Maty to take him under his protection which is also lost.
In this province there are but few Townes, and those much scattered as generally they are all throughout New England. They are rather farmes than townes, but in this province there is a Bay called Casko Bay, in which are very many islands, two outlets to the sea, many good harbours and great store of fish and oysters, crabs and lobsters. In this province as in all the rest there are great store of wild ducks, geese and deere in their seasons, strawberries, Resburies, Goosberries, Barberries, and severall sorts of Bilberries, severall sorts of Oakes and Pines, Chestnut trees and Walnut trees, sometimes for four or five miles together, the more northerly the country is the better the timber is . accounted.
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KENEBECK.
On the north east side of Kenebeck River which is the bounds of the province of Mayne, upon Shipscot River and upon Pemaquid, eight or ten miles asunder, are three small plantations belonging to his Royall higlinesse, the biggest of which hath not above thirty houses in it and those very meane ones too, and spread over eight miles of ground at least. The people for the most part are fishermen and never had any - government amongst them, and most of them are such as have fled thither from other places to avoyd justice. Some here are of opinion that as many men may share in a woman as they doe in a boate and some have done so. The Commiss's for necessity sake have appointed the best whome they could find in each place to be a justice of the peace, and have ordered three of those justices of the peace in the pro- ". vince of Mayne, who live next to them, to joyne with them in holding of sessions till further order be taken.
In these parts are the best white oakes for shipp timber, all the lands graunted to His Royall Highs in these Northerne parts of New Eng- land except these three plantations are also graunted to Sr Thomas Temple in the Pattent of Nova Scotia.
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