USA > Maine > A catalogue of original documents in the English archives, relating to the early history of the state of Maine > Part 9
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Sir, yor honore to com'aunde
THOMAS MAYHEW.
COLL. NICOLLS.
(Inscribed) "Setting forth his title."
(Also) 17th Augt 1667.
Letter from Thomas Mayhew to Coll. Nicolls.
1
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EARLY DOCUMENTS
1668 July 7.
We, whose names are under written appointed justices of the peace for the province of Maine by his Matys honorable Comission in the yeare sixty five doe in these declare against the present actings of the Com's of the generall Court of the Massathusects relating to this province as being not only contrary to the comand of the sd Comisrs exprest in our Comn, but also against that clause signified in his Majesties mandamus in the yeare sixty six, and so leave the issue to Gods good guidence [&] his Maties pleasure.
Given under our hands at Yorke in ye province of-Mayne, July 7 1668.
SAMUELL WHEELRIGHT. JOHN WINCOTT.
HENRY JOCELYN.
FRAN. CHAMPERNOONE.
WILLIAM PHILIPS.
EDWARD JOHNSON.
EDWARD RISHWORTH. FRANCIS HOOKE.
(Inscribed) Agst ye Massachusetts proceedings.
(Indorso) Protest of the Justices of the peace in the pro- vince of Maine, 7 July 1668.
1664 June 11.
K. Charles IId to the Inhabitants of the province of Meyne, concerning Mr Gorges' title.
Whereas Ferd. Gorges Esq. has by petition shown that his grand- father, Sir Ferd. Gorges, deceased, did (15 Car. 1) obtain grant of a certain part of N. England entituled the province of Maine and that he did expend over 20,000€ in the planting thereof, &c. with the hope of receiving some advantage therefrom and that during the late unhappy wars (although between three and fourscore years of age) he did per- sonally engage in the kings service particularly at the siege of Bristol. by reason whereof when he appeared before the Council for foreign plantations, he was wholly discountenanced by them, and the people encouraged to disown his government, while a party of the inhabitants petitioned the Massachusetts to take upon them the government of the province, which was done depriving the said Sr Ferd. Gorges of the issues and profits, &c.
----
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RELATING TO MAINE.
That the agents for the Massachusetts declared, that they, whom they represented, did not claim any title to the said province, but only gover- ned the said until orders from home respecting its govt. All which has been referred to counsel who find that Sir Ferd. Gorges obtained a grant &c., that possession was afterwards assumed by the Massachusetts &c. That petitioner's Commissioners since the restoration have endea- voured to get possession, proclaiming the King and beginning to hold Courts &c. as formerly, but were disturbed and hindered therein by the Massachusetts. The Royal pleasure is, that possession be restored forth. with to petition' or his Commissioners, or otherwise that without delay reason shall be shown to the contrary. (15. f.)
1679.
A paper with the following address :
These for
His Excellence EDMOND ANDROS, KNIGHT, Governor generall of all His Royal High- ness, his teritories in America,
and headed " Bounds of Nova Scotia."
Lord Sterling's Nova Scotia by K. Chas. I. ordered to be delivered unto the French 1633. Nova Scotia was bounded as follows. Cape Britton was the eastern bounds and from thence westward to Santo Croix right against the eastern end of the Grand Munhane and a league eastward from Pascattamaquade.
Capt Walter Neale made Govr by the council of Plymouth Aº 1631 of all N. England, that was not formerly granted to others, the western bounds began at the eastern end of Boston patent and went eastward as far as Santo Croix. During all his time the French never claimed any land to the westward of Nova Scotia. But two years after the said Neale bad left the country, Monsieur Donee was sent by Monsr. Commander Rasolio, living at the Lahave eastward from Cape Sable some 40 leagues, with a ship to discover the coast of Nova Scotia and N. England, and in Penobscott Bay in a great fog Tho. Willett coming from Pemaquid to his house at Penobscot, in a small shallop, came foul of the sd Donees ship. Donee took him and made him pilot to his house at Penobscott and forced him to give him a bill of sale of his house and land and every thing appertaining thereto, but sent . Willett away in the said shallop. Coming to his owners at Plymouth, they procured a ship of 32 guns an Ipswich man to go and retake the said 11
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EARLY DOCUMENTS
Penobscot with some land forces of their own, Capt. Standish being commander of them.
Meantime the said Donee had fortified himself planting upon a mount four or five great guns, the Plymouth forces coming to the place de- manded a surrender, Donee seemed to be willing upon honorable terms but they refused; then Donee told them, they must win it before they should enjoy it, after this Donee played his part so well, that the great ship and Plymouth soldiers were forced to quit the place.
(This doct is written in a very loose disjointed style.)
1685.
A puper entitled, Privileges supposed necessary to encourage plan- ting und settlement and to promote the sea fishing, salmon and. sturgeon trade and the making of salt, pitch and rosin, in the province of Maine, N. England.
1st Liberty in religion.
2. Liberty to transport out of His Mtys dominions, or out of any other nations-such persons to enjoy the liberty of Englishmen, &c.
3. Persons within the plantations, to be for five years free from all arrests upon acct of debts, contracted out of the said plantation, pro- vided within one year after their arrival they apply themselves to im- . prove their estates and promote certain mercantile commodities.
4. That the sd plantation harbour and rivers be ordained a manor and called by such name as His Maty shall please.
. 5. That no actions arising within shall be tried out of the manor, ex- cept they exceed 100€, and that appeals upon good security to all the inhabitants and proprietors be granted in all cases, to the Gen1 Council in New England, and thence upon like security to His Maty in England, if requisite.
6. That the Lord of the manor may appoint such ports within the manor as he may think convenient for the loading and unloading goods &c., and that no ships be compelled to go elsewhere, to make entry or take cockets and despatches. (5. f.)
1686 Oct. 12.
Memorandum of papers, delivered to and received by Sr Edmund Andros from W. Blaythwayt Esqr.
Among these is
" His Majesty's Letter to Col. Dungan, dated 19th of Sept. last for the delivery of Pemaquid."
.
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RELATING TO MAINE.
1688 July 7. Boston.
Letter to the Committee from Sr Edmd Andros. Took the first oppor- tunity of going to the eastward and viewing Pemaquid and other prin- cipal settlements as far as Penobscot, and sent as far as St Croix. On first notice of his being at Pemaquid the Indian Sachems of those parts applied to him as formerly. All things very orderly there which he left and returned to this place the latter end of May. On the 5th inst. received the Kgs letters patents and commands for the Govt' of N. Eng- land. Acquainted those of the Council who were present therewith and gave notice to others absent to meet the next week. Sends herewith duplicates of several acts and minutes of the Council which were for- warded by the last conveyance. (f. 3.)
1684 Dec. 5.
Petition to the King of William Vaughan, Robt Elliot, John Hinks, John Hawthorne, John Fairweather and James Pelton, merchants and inhabitants of N. Hampshire, whose fishing vessels were seized by the French at Nova Scotia. Deposition of Joshua Jackson, Matthew Ham and James Middleton of Pascattaway, Mariners, concerning the ketch Swallow. Depos" of Richard Williams of Great Island, concerning the ketch Industry of Pascattaway. Deposn of Peter Abbot and William Hanworthy of Pascattaway, concerning the ketch Endeavour. De- pos" of Thomas Devenson of Pascattaway, concerning the ketch Amity, &c.
1681-2 Jan. 25. Boston.
Commission from EDWARD RANDOLPH, Esq., constituting Capt Wal- ter Barefoot, Deputy Collector and Surveyor of his Matys Customs in the provinces of N. Hampshire and Maine and in the Isles of sholes.
(12 f.)
1681-2 Jan. 25. Boston.
Commission from EDWARD RANDOLPH, Esq, constituting Thomas Thurton, Deputy searcher of His Matys Customs in his provinces of N. Hampshire and Maine and the Isles of Sholes in N. England. (5 f.)
1685 Sept. 8.
Articles of peace agreed upon this day between his Matys subjects inhabiting the provinces of New Hampshire and Maine and the Indians inhabiting the said provinces.
Signed Robert Mason, Walter Barefoot, Francis Hooke, John Davis, Robert Elliot, Henry Green and eleven Indians with facsimile of their marks, (A copy.) (6 f.)
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EARLY DOCUMENTS
1681 May 4th.
In a copy of some proceedings of assembly under this date there occurs a copy of an entry of a letter to Robt Mason, Esq., from the Council, dated Portsmouth, to this effect, viz :
That the Council having seen and read sundry of his declarations which he had set up in public places within the province, and also par- ticular letters sent to them, charging them as great offenders &c., and bringing several false allegations against them, for the disproving of which they desire him to give them a meeting on Friday next about noon, at the house of Mr Partridge, to make out the said charges, or otherwise they will declare him to be a slanderer, &c. As to the other matter, that he will carry all matters and lay them before His Majty, it is an error to suppose the council have no power which they hold by virtue of their commission, &c.
[Mr Mason instead of coming to the Council in person according to the request contained in the above sent a reply by letter as follows, dated Kittery, May 5, 1681.]
That he stands to the justification of whatever he may have written in his public declarations or letters to the Council, having good testi- mony for proof thereof and which he has always declared he would lay before His Maty, and which they thinking themselves concerned have by declaration of 23ª April declared, that they will disprove altho' they know not from him either the persons accused or the crimes. Admires their hasty conclusion that they are the parties intended to be charged by his letter of 6th April, wonders moreover that they want to be judges in their own cause, a custom unprecedented among Englishmen, &c. Acknowledges his loyalty and the right of the Crown, &c. Yet con- siders it a duty to protest against unlawful proceedings under colour of a Royal Commission. It is they, who have made themselves parties concerned, he (Mr. Mason) is their lawful proprietor, und so declared by his Maty and His Council, and there is no judge between them and hin but the King to whom alone he will give in his charge, &c. (12 f.)
1683-84 March 3. Sagadahock.
Letter, signed John Allen and Lawrence Dennes, addressed to Capt. Anthony Bracket, giving an acct of their proceedings. Have sent two Indians to Naconick, to bring in all the Sagamores there or elsewhere, that may be found. Have sent other messengers to summon certain Indians named,or obtain their answers, concerning their treacherous dealing against the English-request him to do the like, and to send them an 'account of his proceedings. (4 f.)
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RELATING TO MAINE.
1683-84 Febr. 11.
Letter, signed Francis Hook, directed to Capt Walter Barefoot at Great Island. Received on Saty night last, a letter from the Captn of the Fort of Casco, requesting ammunition and provisions, suspicion of a sudden rising of the Indians instigated by one Casteen, a Frenchman, Their first intention is to attack the Fort of Pemaquid, &c. (3 f.) :
1683-4 Mar. 11. Prove of Maine.
Letter from Francis Hook to Edwd Cranfield, Govr of New Hampshire, Mentions the receipt this day of two letters, one from Casco, the other from Cape Porcus, signifying suspicion of plots from the Indians, In Casco all business is laid aside, in order to erect garrisons for their safety. Some Indians have been of late at the house of James Andrews in Casco and have carried away some webbs and have openly declared their intention of killing some Englishmen, &c. Such a state of things requires every preparation, &c. (3 f.)
1683-4 Febr. 21.
Letter signed Lawrence Dennes, addressed to his loving friend, Capt" Anthony Bracket, Commander in chief at Fort Loyal in Casco Bay, and dated from New Towne, on Roussick Island, in the province of Maine. Acquaints him of the threats used by the Indians towards the English-Report of an Indian woman to a young man living in Kennebeck. Indians gone for Canada, supposed to fetch ammunition. (3 f.)
1683-4 Febr. 23. Fort Loyal.
Letter from Capt. Anthony Bracket to Major Davis. Acknowledges his from the Council, by Mr Masterson-did not write to him the full of what he knew from his friend, lest it should put the province in an uproar, also his friend desired he should not make much stir about it lest the Indians should kill him for discovering their plot. The night before Mr Mastersons arrival three men came from Kennebeck with a letter about the Indians (these men live on the west side of Kennebeck river which belongs to Maine) to know what they should do to secure them- selves. Not knowing what the province would do could say nothing, they being not above six or seven families on this side the river. They resolve to withdraw their families immediately and come to the town near the fort. The letter which they brought is enclosed. Ted Indians started for Canada supposed for ammunition. A token left in Mr Gend
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EARLY DOCUMENTS
all's house by an Indian, when the Indians send for it, Mr G. is to has- ten away with all speed. Capt Sharp, Commandr of Pemaquid Fort, has sent for Medockawanda. The men of Mocees, a Kennebeck Saga- more, have left him, he himself stays at Pemaquid, &c. &c. (6 f.)
In the case of BAREFOOT and WADLEIGH.
Inter Walter Barefoot, arm" Quer. et Robtum Wadley, gent defte.
King James by patent under the great seal 3 Nov. 18 Jac. granted unto the Plymouth Council, all that part of the main land of America, lying between 40° and 48º North latitude to be called New England &c.
The said Plymouth Council by their indenture, dated 10. Aug. 1622 did sell to Sr Ferdinando Gorges and Capt John Mason all that part of the main land of N. England, lying between the Rivers of Merimack and Sagadahoek and to the further head of the said river.
The said council, by indenture, dated 1629 Novr 7, by the mutual consent of the said Ferdinando Gorges and Capt Jn Mason did make a partition of the lands aforesaid and did grant to Capt John Mason, his heirs &c., all the land lying between the rivers Merimack and Pas- cataqua and to the furthest head of the sd river. All which lands were confirmed to the said Capt Mason by the said Council by indenture dated 1635, Apr. 22, to be holden of his Majty his heirs &c. in fee, and to be called N. Hampshire. Robt Mason, grandson and heir of Capt John Mason, by letter of Attorney, dated London 1644, May 3, did constitute Richd Nichols, his lawful Attorney, and assignee with full powers to dispose of lands, de. And likewise one other Attorney under him.
The said Col. Richd Nicholls by his letter of Attorney, dated 1666, Nov. 20, did appoint Major Nicholas Shapley to be his lawful Attorney.
The sd Nicholas Shapley by indenture, dated 1667, May 10, did grant and demise to Capt Walter Barefoot all that tract of land, con- taining 1000 acres, situate at or adjacent to the falls at Lampereel river, where one Robt Wadley lives, together with the said falls, &c.
The king in his Commission for the Govt of this province and also by his royal letters, hath set forth the title of the sd Robt Mason and his ancestors to the province of New Hampshire. The gen' Court of the Massachusetts having usurped this province dil about the year 1660 grant unto Samuel Symonds of Ipswich gent. 640 acres of land at Lam- pereel river.
.
一
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RELATING TO MAINE.
The sd Samuel Symonds in Sept 1664 grants a moiety of the sd lands to his son Herlakenden Symonds and his assigns; Aº 1664, Sept. 24., sells the sd 320 acres to Walter Barefoot; Walter Barefoot sells the same to Robert Wadley 1669, June 10th.
Robt Wadley being deeply indebted to Barefoot and having several suits depending, they by consent submit all matters to arbitration as by bond dated 1670, Decr 8.
The arbitrators award that Barefoot's deed of sale of the 320 acres &c., be made void (as per award, dated 8th of March 1680,) and releases to be given mutually.
In pursuance whereof Robt Wadley under his hand dated 1671, May 8, gives Barefoot a gen1 release and surrenders all right and title of the sd lands to the sd Barefoot. Whereupon Barefoot gives him a release. Notwithstanding which the sd Wadley has ever since kept possession of the lands and mills having no title thereto.
NOTE. Walter Barefoot having purchased the lands in question of Symonds in the year 1664 upon the Massachusetts title and finding it not good in law, and that the premises of right did belong to Robt Ma- son Esq., did in 1667 obtain a grant and confirmation of the same with others from Nicholas Shapley, agent of the sd Robert Mason, and by virtue of this title from the sd Mason to the sd Barefoot is the lawful owner of the sd lands,
NOTE. At the trial at the Court of Pleas held at Portsmouth (N. Hampshire) 1682 Feb. 13., the sd Wadleigh relying on a partial jury produced no evidence nor offered any thing to the Court, but words in his defence.
The bill of costs (independent of the damages which the said pl. Walter Barefoot had sustained by destruction and waste of his timber, cut at his own mills and converted by being kept out of possession of his said land above 10 years computed at no less than 1000 £) is this :
d.
Going to York, staying and returning £ 8.
8
0 4 days.
For copies of records
14 0
Going to Salisbury, likewise 4 days 8 0
For copies from thence . 1 2 0
Attachment and serving
8 0
Summons of 2 witnesses from Lamp. river
5 0
Attendance of sd witnesses, 5 days 1 00
My attornys attendance. 5 days 16 0
Entering gen1 Action 1 0 0
Filing evidences
- 3 0
5 16 0
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NOTE. The Charter from K. James to the Council of Plymouth (18. Jas.) was at the trial read in Court with the grant to Robt Mason Esq., his ancestor.
N.B. This Vol. contains a number of papers relating to Wadleigh and Barefoot, viz. pag. 524-566, and elsewhere.
One of these papers, pag. 602, mentions Robert Wadleigh's return from England, his appeal being dismissed by the council Board. He was formerly an Assembly man and had three sons condemned in Gore's rebellion and is himself now chosen again. The eldest of his sons is pardoned, one of them is dead and the other kept in prison until further orders.
This is mentioned in a letter from the Govr and Council of N. Hampshire to the Board of Trade, under date of 1684, May 23.
1684 Nov. 22.
Memorandum concerning the province of Maine with MY Attorney Gen's opinion thercon.
The King by letters patent constitutes a corporation under the name of Massachusetts Bay, with a grant of a tract of land in N E., whereof the boundaries are denoted.
Under colour of which boundaries, the Corporation possessed them- selves of two other neighbouring provinces belonging to proprietors Which proprietors appealed to the King in Council for relief and had judgment given them by his Majty for the restitution of their proprie- ties. Meanwhile the corporation bargained with one of the proprietors for 1200£ by deeds in the name of certain merchants and have since exercised jurisdiction in the province of Main and laid taxes in the name of the proprietor.
Meantime this corporation is dissolved by judgment upon a scire facias
Qu. whether the province of Main do not likewise devolve to His Maty ?
[The opinion appended is as follows, signed R. Sawyer] Upon consi- deration of this case I conceive the trust of the government of the province of Maine, wch was in the corporation, is devolved to the King, and as to the trust of the propriety of any lands there not sold to private proprs. I conceive the same will be attendant upon such govern- ment his Maty shall appoint there towards defraying the charge thereof, it being a trust for a Corporation for the government of that place. (4 f.)
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RELATING TO MAINE.
1684 Mar. 20. Whitehall.
Reference of the petition of Richard Wharton of Boston in N. Eng- land, touching lands in the province of Maine.
By the king and privy Council
Upon reading this day the petition of the aforesaid Rich. Wharton, praying his Majty to take into his Royal protection and government divers lands &c. (purchased from the ancient .Indian proprietors) under such quit rents, &c. as His Majty shall think fit. Ordered that this pe- tition (copy of which is enclosed) be referred to the Lords of Trade to report to His Maty and Council thereon. (4 f.)
The petition of Richd Wharton of Boston in N. England. Showing that petitioner by purchase (from sundry persons, who originally derive their right from the Council of Plymouth, Sir Ferd. Gorges and his Commrs. and from the ancient Indian Saggamores and proprietors) being seized in fee simple of an entire tract of land, lying between the river of Kennibeck and Cascoe in the province of Maine, as also of an island lying near called the Sebascoa Diggen, with other small islets &c, adjacent, which main land for nearly sixty years has been planted and improved by Mr Thomas Purchase and others whose rights are now vested in petit". and is bounded southerly towards the main ocean by a tract of land, called Small Point (sold by Sir Ferd. Gorges in Aº 1637 to Sir Rd Edgecumbe of Mount Edgeombe, Co Devon, and to the North westward of Pejepscot runs into the main land above twenty miles, four miles on each side a small river, called Andros Coggan river, which by a precipice empties itself into the westernmost branch of Bay of Ken- nibeck.
Most of the inhabitants in consequence of the Indian wars have de- serted those parts. And petr understanding his late Matys displeasure at the purchase made by the agents of the Massachusetts refrains from further improvements &c., until His Majty shall take the land under his immediate protection, which the Indians await with subjection -pro- bable advantages to the crown, the situation being capable of establishing various fisheries, prays the King to take under his protection the lands aforesaid with such quit rents &c., as may seem meet to confirmn to pe- titer the said lands, &c. &. (7 f.)
The answer of the Agents of Massachusetts Colony to M' Robe Ma- son's case.
3 Nov. 18 Jac. They agree the patent to the Council of Plymouth to be the same as is set forth.
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EARLY DOCUMENTS
9 Mar. 19 Jac. Admit Mr Mason has a deed of this date, suppo sed to be a grant from the Council of Plymouth to John Mason of cer- tain tracts of lands, said to be part of N. Hampshire.
10. Aug. 20. Jac. Acknowledge to have seen an old parchment, pro- duced by Mr Mason, supposed a grant of this date to Sr Ferd. Gorges and John Mason of certain lands, &c.
But they object unto both those deeds.
1. That the boundaries especially of the first of them are obscurely expressed.
2. That with those deeds there never was possession.
3. Both grants contain in them a letter of Attorney to make livery from the Council of Plymouth, but no livery appears to be made or any possession taken &c, whereby the execution in law remained still in the Council which granted all those lands in question to the colony of the Massachusetts, (19 Mar. 3 Car.) which was afterwards in the next year (4 Mar. 4 Car. 1) granted and confirmed to them by the King's letters patents, in pursuance whereof several of the patentees did im- mediately transport themselves into N. England, where they have ever since continued, &c. There was a law made Aº 1651 for quieting of possessions, which had continued so from 1652 and should so remain until 1662, from any future claim, which will bind Mr Mason, if he had any right, and all others not claiming according to the time therein.
As to the other grants mentioned in Mr Mason's case, they being all subsequent to the grant to the colony, they conceive no answer need be given. Only that it would appear that Mr John Mason had no confi- dence in his two former pretended grants, seeing he took such subse- quent grants from the Plymouth Council. Admit also that by virtue of one of the subsequent grants to Mason and others in 1631 (not in his case) some possession was taken in the void places of colony, but soon after quitted by Mr Jno Mason from whom petitioner Rob' Mason assumes to claim.
They further answer that as to the power of governing the colony which is the chief matter at issue, they say that no power of governing those provinces is granted to Mason by the Council of Plymouth, and if gran- ted had been clearly void. But the same was granted by the sd letters patents (4 Car. 1) to the Company of the Massachusetts including the said lands claimed by Mason and Gorges, which has ever since been executed to the great satisfaction of the people who earnestly desire the
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