USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 8
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My Lord,
In obedience to your Lordps commands here are the transactions of the Commiss's in New England breifly sett doune, each colony by it selfe. The papers by which all this and much more might have been demonstrated were lost in obeying his Maties Command by keeping company with Capt. Peirce, who was laden with Masts, for otherwise in probability we might have been in England ten dayes before we mett the Dutch Caper, who after two houres fight took, stript and landed us in Spaine.
Your Lordps most humble servant G. C.
My Lord,
Hearing also some Frenchmen discourse in New England of a passage from the West Sea to the South Sea and of a great trade of Beaver in that passage, and afterwards meeting there with sufficient proofe of the truth of what they had said concerning the Beaver trade, conceiving great probability for the truth of the passage and knowing what great endeavours have been made for the finding out of a North-west passage I thought them the best present I could possibly make to his sacred Matie, whereupon I perswaded them to come to England. I humbly begg
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RELATING TO MAINE.
your Lordps favour to procure from His Maty some consideration for the losse suffering and service of your
Lordps
most humble servt
Geo. Carr.
Decr 14th
Mr Madder
at Boston.
Mr Mavo
Mr Elliot at
Mr Mayhew at Martins Vineyard.
Mr Brown at Sudbury.
Mr Hubbard at Hingham.
Mr Hubbard of Ipswich.
Mr Woodbridge of Newbery.
James Oliver of Boston.
John Porter.
Majr Hawthorne.
1665 June 18. Portsmouth at Pascataway.
Letter, signed SAMUEL MAVERICKE, addressed to Col. Nichols. Men- tions that on the 10th of June the Court adjourned until October. Its last transaction was the making an order that the Courts by them usu- ally kept at Pascataway and in the province of Maine, should be con- tinued and that no notice should be taken of any other authority but theirs, &c. &c.
On the 11th of June, says the writer, we began our journey eastwards stopping at Salem, Ipswich, Newbury, Salisbury and Hampton, the in- habitants of which places entertained them well fully expecting they would have declared them freed from the Massachusetts Governmt and would have established His Majtys authority .--- Thence they went to Pascataway, where they spent much time in inquiring into Mr Mason's right to the County of Hampshire, find that most of the people acknow- ledge Mr Mason's right to the province-persons living that were ser- vants to Capt Mason, who showed many things that he had done- Captain Joceline, who had been his agent for many years, gave a parti- cular account of the Massachusetts encroachment. Have summoned the inhabitants of Dover, Exeter and other towns to this place to hear his . Majtys letters read. Have received generally great respect and good entertainment-purpose when they have done in this place going over the river into the province of Maine.
.. . .
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Recommend the bearer of this letter Jno Porter, a stout resolute fellow, to his notice. Intend by a letter to expostulate with the Massachusetts upon their proceedings in a province out of their boundaries. Sr Rott Car and himself have signed a paper (of which the enclosed is a copy), but Col. Cartwright will not. Will write again by all opportunities, but the Massachusetts have spies every where and endeavour to get all let- ters into their hands. (11 f.)
1665 June 23.
Copy of paper, signed by the Commissioners ROBET CAR, GEORGE CARTWRIGHT and SAMUEL MAVERICKE.
By virtue of their commission constitute Mr Francis Champernoun, Robert Cutt of Kittery, Edward Johnson, Edward Rishworth of Yorke, Sam Wheelwright of Wells, Fra. Hooke, Mr Phillips of Sacoe, Mr George Munjoy of Cascoe, Mr Henr. Jocelyn of Black Point, Robert Jordan of Richmond Island and John Wincoll of Newgewanack, Justices of the peace within the province of Maine, Mr Henry Jocelyn and Mr Edwd. Rishworth or either of them to administer the oath (copy of which is given below) to the aforenamed gentlemen, &c.
Hereby give power and authority to three or more of the above named justices, to meet at convenient times and places to hear and determine all causes, &c. &c., until His Majty shall please to appoint an- other government-require all inhabitants to yield obedience to the aforesaid justices. Forbid the commissioner of Mr Gorges as also the Corporation of the Massachusetts to molest any of the inhabitants of this province by virtue of any pretended rights before his Majtys pleasure be known. Given under the hands and seals of the undersigned at York 23 June 17 Chas 2d.
An addendum specifies
That they desire all who lay claim to any land in this province by patent to have them forthcoming by this time twelvemonths. (10 f.)
Copy of the oath to be administered to justices of the peace of the province of Maine. (1 f.)
1665 July 2.
Commission to Sam1 Symonds and Thomas Danforth Esqes to repair to York,. York Co., there to keep a County Court, &e. (4 f.)
Letter signed SAML SYMONDS and THO. DANFORTH, in reply to the above. State that they are obstructed and the train band drawn out. . &c. (2 f.)
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RELATING TO MAINE.
1665 July 12. Boston.
A document headed " An insolent letter from ye Massachusetts to his Matys Comm's upon settlemt of the province of Maine wth a warrt to the Constable of Portsmouth to disturb, the same". Signed Edwd Rawson, Sec. And addressed to Sir Robt Car, Geo. Cartwright and Samuel Maverick Esqrs. When they took their departure refusing to treat farther with the general Court, it was expected they would cease any further actings in the colony as they expressed that their business was completed, and that an account of the negotiation would be rendered to his Maty, but on the contrary have interrupted the ordinary proceedings in the Court of Justice in Yorkshire. Have seen their warrant dated 10th inst. directed to the Constable of Portsmouth for calling the people together-direct their attention to His Matys letter, in which a more orderly method is instructed. Declare against their unreasonable pro- ceedings which they feel bound to resist. (6 f.)
1665 July 12. Boston.
Copy of a warrant sent from the Governor and Council of the Massa- chusetts to the Constable of Portsmouth. (2 f.)
1665 July 15. Pascataway River.
Commissioners answer to the Massachusetts letter of the 12th instt, which they describe as full of untruth and wanting in construction of grammar, &c. (16 f.)
1665 July 16. Pascataway.
Copy of a letter, signed JOSEPH MASON, addressed to Mr Robt Mason, giving advice and expressing the general desire of the people to be freed from the Massachusetts. (This paragraph is an extract.) Thus much I lett you understand yt gennerally the people heere and in the next province, called the province of Maine, are all desirous to bee taken off from the Bay governemt." · (6 f.)
1665 July 26. Boston.
Copy of a letter, signed R. C. G. C. S. M. After the Court at Boston was ended, they visited the Eastern parts and first passed a tract of land laid claim to by Mr Mason, who petitioned his Majesty about it, who refered it to Sir Robert Mason and others, who made their report to the King, all which Mr Mason sent to Col. Nicolls, whom he had made his attorney. This province reaches three miles north of Merimack River to Pascata quay River and sixty miles into the country. They find many small patents in it, and the whole province to be now under the usurpa-
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EARLY DOCUMENTS
tion of the . Massachusetts, who set up a bound house, three large miles north of Merrimack and owned it for above twelve years, yet since claimed all this and sixty miles more to the north to be within their patent. Col. Nichols not being here, they left then, as they found them under the Massachusetts government althot the people seemed very earnest to be taken under. that of his Majesty. From Picataqua eastward to Sagadahock and 120 miles into the country is another province, called Yorkshire by the Massachusetts and formerly the province of Maine in the Kings charter, granted to Sir Ferdinando Georges. The inhabitants of this province weary of the contests of the Massachusetts and the Commissioners of Mr Gorges, petitioned to be taken under the immediate Govt of His Maty, which they (the Commissrs ) did, appointing some to act as justices of the peace &c. This gave such satisfaction to the people, that they petitioned His Maty that they may be governed for ever by his commands, which petition they have herewith sent &c. In this province are five towns, Kittery, York Wells, Scarborough and Falmouth, built all by the sea side Their towns are at the least five or six miles long, althot they have no more than 30 houses in them and those very mean ones. Without better government the province will never be well peopled or cultivated. The places beyond Sagadock were given to his Royall Highness by His Mjaty ; they have appointed some to govern there for the present, as there was great need. Upon the rivers east of Kennebec, Shipscot and Pemaquid, are three plantations, the greatest not having more than twenty houses and inhabited by the worst of characters, who are without government having, fled thither to avoid payment of debts and punishment, chiefly fishermen, who appear to have their wives in com- mon. - July 9th they were up Piscataqua River, when they received His Majtys letter of Janr 28 (there is a commodious and safe harbour with seven or eight ships in it) sent warrants to four towns upon that river, with intent to have the harbour fortified by them, but a prohibition by the Massachusetts and a letter by their Marshall (to the Commiss's ) put a stop to these endeavours. This place deserves fortification as much as any in New England. Have been informed, that they have appointed a gen1 Court to be on Aug. 1., to consider, how to manage their opposition, for they intend to maintain the bounds of their patent, to suffer none to make warrants or orders within the same but them- selves &c., nothwithstanding the King write never so often to the cont- rary. [It concludes as follows] "Some few exceptions they may make as acts of theire favour to gaine some to their party and to serve to
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RELATING TO MAINE.
delude the King with a shew of complyance : for if writeing will serve the turne (as they suppose it will) they can keep the business- in agitation, untill the King and all his Secretairies there, and all his good subjects here be weary of it; if nothing of greater consequence make them to let it fall which hope may happen, and that if his Matie do not take some speedy course, they, who have declared their judgmentes against them, will be undone as also all those, who have petitioned for any redress. And that it is the case of the loyall party here, as not long ago it was in England, though they be two for one, yet they be so overawed, that they cannot help themselves. That both the readyest and surest way is for his Maty , to take away their Charter, which they have severall wayes forfeited, which King Charles 1st was to doe a litle before the Scotch warr in 1636 or 1637. And if his Majty will assure the people, they shall not be tyed to religious ceremonys, the general- lity of them will be contented. But this without a visible force will not be effected. This advice we have had from them, and this indeed is our owne opinions. Wee have heard severall say, though they do wish that the government was otherwise, yet they had rather suffer as they doe, then take up armes against them. And indeed without this course it will be impossible for the King ever to attaine those two ends mentioned in our private instructions. If his Majtie should now let these people rest haveing so much declared themselves against his authority over them, those that are well affected will never dare hereafter to declare themselves besides all the other ill consequences which must necessarily follow. Those who have declared themselves loyall are very much threatned, and in greate feare and have earnestly prest us to sollicit his Majtie for their speedy defence and safety and that they may not be afflicted or ruined for shewing their loyalty, wee therefore earnestly desire you to acquaint his Majtie with their desires in this as also of haveing there children baptized and themselves admitted to the Lords supper. If any thing be here wanting, we hope it may be supplyed by Col. Cartwrights relation and subscribe ourselves, &c. &c. (16 f.)
Copies of four letters, endorsed as follow, viz.
[1665]
Copy of a letter, out of the Eastern parts, from Capt. Champernoune and Mr Rishworth &c., a little before Sr Robt Carr went thither about the latter end of August 1665. (4 f.)
10
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EARLY DOCUMENTS .
1665 Oct. 6.
Copy of Mr Rishworths letter to Sr Rolt Carr.
1665 Oct. 10. (3 f.)
Copy of Sir Robt Carr his Letter to Majr Lusher, Maj" General Leveret and Mr Danforth. - (2 f.)
Copy of a letter from Mr Rishworth to Sir Robt Carr, date Octr 30. 1665. (3 f.)
1665 Nov. 29. York.
Copy of Fa letter, sig. Hen. Jocelyn and Fran Chanpernoune, with five others, (Justices of the province of Maine) addressed to Sir Robt Carr. The full apperance of people as regards numbers at the last Court is sufficient testimony of their being satisfied with their present standing persons from all parts appearing (Casco excepted) from whence not one person came, neither has Mr Munjoy accepted his commission, from which he is now excluded. Request to be favoured with his presence in the spring if convenient, have solicited Col. Nicolls to the same end.
[An endorsement states] "This is the last I have reed from the pro- vince of Main." (5 f.)
1665 Nov. 22. York in the province of Maine.
Copy of letter, signed Hen. Jocolyn, Iran Champernoune and five others ; addressed to Col, Richard Nicolls, requesting the favour of his proposing to Sir Rolt Carr their desire of his presence in the spring, when convenient for the more effectual carrying on of public business, the better settlement of peace at home and the discountenan- eing molesters abroad. (4 f.)
1665 Aug. 22.
Order from the justices of Maine to the military officers of the pro- vince of Maine, requiring them to take care that the trained band under their command be ready completely armed at the first call of the drum, fully equipped for military service (if necessary) to protect and preserve his Matys laws and peace, &c. &c. (5 f.)
1665 Aug. 16.
Commission from the Justices of Maine, appointing John Wincoll, Capitain of Militia for the town of Kittery. (4 f.)
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RELATING TO MAINE.
1666 Apr. 9. New York.
A Letter, signed Robt Carr, addressed to the Lord Arlington, and endorsed " Proceedings in ye province of Maine." Since Col. Cart- wright's departure, Mr Maverick and the writer have sent copies of papers of their transactions and being come to New York, they find that Col. Nicolls has transmitted those which passed between them and the gen1 Court of Boston, &c. &c. This time twelvemonths since they sat at Warwick acting upon their commission and made an order for the removal of one Pumham, an Indian, who with his company had seated themselves upon a tract of land, called Warwick neck and (as it was reported) were encouraged to keep it from the lawful owners by the govt of the Massachusetts bay. Finding . in December last, that Pumham had failed in obeying the said order, he entered into negotia- tions with him, to quit the place for a certain sum. About the latter part of February, the Indian not being gone, he went over again to Warwick, where it was reported that there was a letter for him from the Governor of the Massachusetts which proved to be from. Mr Elliot, a Minister of Roxbury. Transmits copy of this letter with his answer thereto, also an account of the transaction, concerning Pumham, also one from Mr Williams, who was afterwards very instrumental in forwarding Pumham's removal. They are in a very sad condition, being in a very poor country without credit at Boston, where every thing is to be had. Receives by the last letter sent to him by the Justices of the province of Maine (Copie of which is enclosed as also of another from the same persons to Col. Nicolls), that their fears so still continue which by the advice and approbation of Col. Nicolls, he trusts to lessen and eventually remove, &c. &c. (14 f.)
1666 Apr. 10. Whitehall.
A Document endorsed "His Maties declaration concerning the Mas- sachusetts in N. England." (Read at the Committee May 1. 1666. Entered B. N. 2. 21.)
His Maty having received full information from his Commissrs who were sent into N. Fngland of their reception and treatment in the several colonies, in all of which they received great satisfaction except in that of the Massachusetts, and having been fully informed of all the passages and proceedings which have been between the said Commissrs and the Council of the Massachusetts, and the belief of those who govern that colony that the Commission is an apparent violation of their charter, and also that his Maty hath no jurisdiction over them, &c. &c. His
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EARLY DOCUMENTS
Maty has thought fit to recall the said Comm's to the end he may receive a more particular account of the state and condition of the plantations and of the particular differences and debates which they have had with the Massachusetts, that he may pass his final determination thereon, The King's express command is that the government of the Massachu- setts do forthwith make choice of five or four persons (of which Mr Richd Bellingham and Major Hawthorne shall be two), the others such as the Council shall make choice of, and he will in person hear what may be alledged on behalf of the colony, when he will make it appear, how far his- intentions are from infringing the Royal Charter granted thereunto, &c. And he futher commands that "there may be no alterations with reference to the government of the province of Maine till his Maty has heard what is alledged on all sides, but that the same continue as his Matys Comm's have left the same until His Maty shall further determine." He further commands to be set at liberty all persons who may have been imprisoned for petitioning or applying themselves to His Matys Commrs. And for the better pre- vention of all differences with regard to bounds &c., his pleasure is that all determinations made by his said Comm's with regard to bounds and limits may still continue and be observed until his Matys final determ- ination, &e. &c. (10 f.)
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1666.
Petition of the inhabitants of the Massachusetts upon the King's Declaration. (9 f.)
[1666 Oct.]
Copy of letter signed with the initials R N. R C. S. M. Addressed to the Justices of the peace in the province of Maine, recommending to their protection the case of FRAS HOOKE against NATH' PHILIPPS.
1667 Decr 25. Kittrey. (2 f.)
NICOLAS SHAPLEIGH to COL. NICOLLS.
1668 Jan. 17. Kittrey.
Another letter of NIC. SHAPLEIGH to COL. NICOLLS. These letters are endorsed "Lands disposed of to Mr Hilton and Mr Barefoote for Mr Mason." (9 f.)
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1668 May 20.
A paper addressed to COL. NICOLLS signed HENRY JOCELYN and five others, and endorsed "From the inhabitants of the province of Maine, concerning the Massachusetts intrusion upon ye government."
Inform him that the "tumultuous distractions" formerly feared are daily increasing in the province which they are unable to restrain. This state of things, it appears, is brought about by some factious spirits who are animated therein as it appears from a paper here enclosed by the Massachusetts authority which assumes a re-settlement of its govern- ment by subverting his Matys authority, &c. Request his countenance in these exigencies either by his presence counsel or otherwise. (5 f.)
1668 May.
A paper endorsed " Resolution of the general Court of the Massa- chusetts Colony sitting in Boston May 1668, concerning the govern- ment of Maine." Whereas the Court has received petitions from several towns and persons of Yorkshire, lamenting their distracted condition for want of the exercise of government from hence and expressing sorrow at their revolt, but excusing themselves as being drawn away by the deceitful management of Mr Edwd Rishworth ; they in reply observe that it was they themselves and not this court, that did bring about the distractions complained of, yet notwithstanding considering the right they have by charter &c., together with many other weighty considerations thereunto them moving, the court thinks fit to take care for the settling of order under their government in these parts and to that end to give commission to certain gentlemen to repair thither to keep a Court, &c. (4 f)
(No date.)
From the inhabitants of the province of Maine to the Commissioners (with a petition to his Maty enclosed), signed HENRY JOCELYN, EDW. RISHWORTH and three others. Being informed of their sudden intentions to go for England and considering how that the province altho settled under his Matys authority, yet lies under discouragements through the threatenings of their imperious neighbours and disaffections among themselves, solicit their assistance by the furtherance of some answer from his Maty, &c. (3 f.)
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EARLY DOCUMENTS.
(No date.)
Petition of the inhabitants of Mayne to the King, signed by WILL. PHILLIPS, FRANCIS HOOKE, RAPHE ALLANSON, WILLIAM SHELDON, JOHN BUDSARTE, BARNABAS CHAUNCY, JAMES GIBBINES, THOMAS WILLIAMS, WILLIAM LISCOM, EDW. RISHWORTH, JOHN DANOS (DAVIS?), JEREMIAH - HUBBARD, EDWARD JOHNSON, JOHN TWISDEN, JAMES GRANT, DIGERY JEOFFRY, JOHN PUDINGTON, HENRY JOCELYN, FRAN: CHAMPERNOUN, ABRA: CORBETT, JOHN PEARCE, pray for continued establishment under the Kings immediate authority or " Esquire Gorges," or under whom it may seem most commensurate to his Majtys pleasure, &c. (5 f.)
1668.
Copy of papers endorsed " Orders concerning the government of Maine."
At a general Court held at Boston, May 21, 1668. Whereas the colony of the Massachusetts in observance of the trust committed to them by Royal Charter with the free and full consent of the inhabitants of the County of York did exercise government over the people of that county, and whereas, above three years past, some interruption has been made to the peace of that place by some who have unwarrantably drawn the inhabitants of that County to subjection unto officers that have no Royal warranty, this Court doth judge meet to declare their resolutions again to exert their power of jurisdiction over the inhabitants of the said County of York. And do hereby in his Matys name require all the inhabitants there settled to yield obedience to the laws of this colony as have been orderly published, and to all such officers as by authority of the Royal Charter and order of the Commrs, whom this Court has nominated and empowered, &c., to keep a court on the first Tuesday in July at York, and for that end have commanded the Secre- tary to issue warrants to the inhabitants to meet and choose grand and petit Jurors, Constables and other officers, &c. This order is accom- panied by a notice to Nath. Masterson, Marshal of the County &c.
1667 Aug. 17. Letter signed Thomas Mayhew addressed to Col. Nichols.
Uppon the vynyard 17-6 : 67. *
May it please yor honour to take notyce that yors of the 26 : 10 I rec .! per Nikolas Davis for the weh I accompt my sellfe much obleidged. I am necessitated to trouble yor honour further at the present, for that I heave Mr Tallman who hath bought land there uppon the vynyard notwith-
* Corresponding to 17th June 1667.
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standing his Maties Ires pattents stryet pr hibitions, &c. and allso not- withstanding I have these ilands graunted to me myne heires and asso- ciates uppon the payment of due acknowledgment yearely to be pd to the right Lord p'prietor, for I had it graunted me first by Mr James Farrett, agent and steward generall unto the Lord Sterlinge, then mneet- ing wth Mr Vynes, steward generall to Sir Ferdynando Gorges whome I had then much interrest in; he solemnely p'fessed it was his masters, so where uppon I had it graunted by him and did p'ceede mostly uppon that graunt, MIr Tho. Gorges then gov'nor approveing of it. Now Sir yor honor I suppose doe know that Sir Ferdinando Gorges graundson ob- tayned of his Matie a speciall declara'on on his behalf weh Esquire Archdale sent to me and in a Ir'e unto me he intymated yor honors clayme pre- sumeing that it would as soone as your mett be yeillded readyly to Es- quire Gorges, wch in the ten last was as to yof honor uncertaine this is all that I desire to injoye my graunte from the one or the other uppon the consideration mentioned therein wch I hope I have noe just cause to feare on either syde, yf the matter had beene issued on yor honors p'te I had soone repayred or sent to New York but the gentlemen to the eastward they looke at it as to gov'ment to be under them, but as to the land wch I may truly say wth every one its the meanest that I hear on, such as it is I hope none shall have such liberty as to ruyn the well being of both nations: I have very much to say many wayes but for present beseeching yor honor to excuse my boldnes whereunto I am invyted from yors afforementioned. Thus humbly intreateing you uppon the attendannce of my verry good freind Mr Lawrence to put into his hand a short answer hereto therby yor honor will strongly obleidge him that is allready bound to serve yor honor wherein he maye to the utt- most. I rest in hast
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