USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 40
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 40
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And whereas his said Majestie by the same letters Patents hath further given and granted unto mee, my heirs and assignes full power leave licence and authoritie to erect raise and build from tyme to tyme in the Province Territories and Coasts aforesaid and every or any of them, such and soe many Forts, Fortresses, Platformes, Castles, Cities, Townes and Villages and all Fortifications whatso- ever, and the same and every of them to fortifie and furnishe with men, ordinance, powder shott armour and all other weapons ammu- nicon and habilliments of Warre, both for defence and offence what- soever as to mee my heires and assignes or any of them, shall seeme meete and convenient And likewise to commit from tyme to tyme the government Custodie and defence thereof unto such person and persons as to mee my heires and assignes shall seeme meete And to the severall Citties Burroughes and Townes to grante letters or Charters of Incorporacons with all liberties and thinges belonginge to the same And in the said several Citties Burroughes & Townes to constitute such a soe many Marketts, Marts and faiers, And to grante such meere tolles Customes Dueties and priviledges to or with the same as by mee my heires and assignes shall be thoughte fitt, as in and by the said letters Patents amongst Diverse and sundrie other priv- ilidges, liberties, freedomes and jurisdicons therein Conteined more playnlie and at large it doth and may appeare/
Nowe knowe yee that I the said Sir Ferdinandoe Gorges, havinge alreadie (through God's assistance) setled the said Province and In- habitants ther of in a hopefull way of governmente, And beinge de- sireous by all good waies and meanes to further and advance the same have thoughte fitt and resolved on to create a Cittie or Towne within the said Province and to incorporate, the same and to appoynte there- unto such Officers and Courtes of Justice and such liberties privilidgs and Jurisdiccons as are hereafter in theis presents particulerlie set forth and declared/ And doe therefore for mrr my heires and assignes
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graunte and establishe the Circuite of the said Incorporacon within the Province aforesaid shall extend from the beginninge of the entrance in of the River Commonlie called and knowne by the name of Aga- menticus & soe up the said River seaven Englishe myles, and all along the Easte & North East side of the Sea-shore three Englishe Myles, in bredth from the entrance of said River and up into the mayne-Land seaven myles buttinge with the seaven myles from the sea sideup the said River the bredth of three myles opposite thereunto/ And that the said Cittie or Towne shalbe erected and builte in such place of the said Lymitts as shalbe thoughte most convenient by the assent of the deputie of the said Province, the Steward generall thereof, and the Maior and Justices of the seid Cittie or Towne for the tyme beinge/ And to the end that the said Cittie or Towne and bounds or Lymitts of the Incorporacon before sett forth and described may remain and for ever hereafter be more perticulerlie knowne and distinguished, My Will is that the same from henceforth bee nominated termed and called by the name of Gorgeana/ And by that name of Gorgeana the said Circuite Precinctes Lymitt and place aforesaid I doe by theis presents I doe for mee my heires and assignes name call erect found and establishe, and by that name to have continewance for ever/ And for the beter governinge of the said Cittie or Towne and Lymitts before menconed I doe Constitute, assigne lymitt and appointe that from henceforth for ever hereafter there shall bee one bodie politique and Corporate which shall have perpetuall succession and shall consist of a Maior twelve Aldermen and four and twentie to bee of the Comon Councel there/ And of the rest of the Commonaltie of the said Corporacon/ And that the Maior shallbe yearlie chosen by the Comon Councell and free Burgesses of the said Corporacon or the greater parte of them upon every five and twentieth day of March for ever. And that the Deputie Governor of the said Province shall appointe assigne and nominate the first Maior for the yeare to come, who shall enter into his Office upon the five and twentieth day of March nexte ensueing the Date hereof/ And that the said Deputie Governour shall likewise for this yeare appointe the Persons that shalbee the Aldermen, and that the major parte of the Freeholders shall electe and nominate such as shall bee of the Comon Councell there from tyme to tyme for ever/ And I doe appointe that twoe of the said Aldermen shallbe Justices within the said Corporacon whoe shall be chosen for this yeare alsoe by my said Deputie Governor/ And that the said Maior Justices Aldermen Comon Councell and Inhabitants of the Lymitts and pre- cincts aforesaid and their Successors shalbee in and by theis presents incorporated to have a perpetuall Succession for ever, in deede, facte and name/ And shalbee and become Bodie Corporate and politique/ And further I doe by theis presents for mee and my heires Graunte unto the said Maior & comonaltie and their Successors that they and their Successors shall bee and shall continew persons able and capable in Lawe from tyme to tyme as one bodie, and shall have full power and Authoritie, and lawfull Capacitie and abilitie to purchase take hold receave enjoy and to have to them and their Successors for ever, any Mannore lands Tenements Rents Royalties priviledges, Immuni- ties Reversion annueties hereditaments, goods chattles whatsoever within the said Province of Mayne of and from mee my heires and
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HISTORY OF YORK
assignes, and the same or any parte thereof to aleen or sell away/ And to doe execute ordayne and performe all other matters and thinges whatsoever belongeinge or apperteyninge to a Corporacon/ And I doe further constitute ordayne and appointe that there shall be for ever hereafter within the said Corporacon a Recorder and a Towne Clerke, which shalbe from tyme to tyme elected and chosen by the Major Aldermen Comon Councell and Comonaltie of the said Corporacon or the greater parte of them, whereof the Maior for the tyme beinge to be Chief in the Eleccon and to have a double voice/ And I doe further by theis present ordeyne and create within the said Cittie or Towne and Corporacon a Courte leete or Lawe day to bee held for the good gov- ernement and weale publique of the said Corporacon, and for the punisheinge of all Offenders the same to be kepte by the Recorder for the tyme beinge, and the fines payments and Amerciaments from yme to tyme to bee to the use of the Maior of the said Towne for the tyme beinge for ever/ And I doe also by theis presents create and establishe within the said Corporacon a Courte of Justice foe the hearinge and determyninge of all accons and differences betweene Parte and Parte within the said Corporacon (noe accon of debte ex- ceedinge tenne pounds, and the power of the said Courte not extending to the takinge away of life or member nor to any title of land) the same Courte to be held upon Munday in every weeke for ever and the proceedinges to bee accordinge or as neere as may bee to the Courte of his Majesties Courte of Chancery at Westminster, wherein the Maior for the tyme beinge to sett as Judge with the Recorder and Aldermen or soe many of the said Aldermen as shallbe there, and the Towne Clarke to bee the Clarke and Mynister of the said Courte/ And in all Judgments and decrees, it shall be lawfull for the partie againste whome any decree or judgement shall passe to make an Appeale to mee or my deputie soeass the same bee done within foure daies after such Judgement or decree made and not after nor other- wise/ And I doe further create and appointe twoe or fower seargeants to attend on the said Maior whoe shalbe called for ever Seargeants of the white rod and shall serve and returne all Proces and Precepts yse sueinge out of the said Courte from tyme to tyme, and shalbee elected and chosen by the Maior and Aldermen of the said Cittie or Towne, or the greater parte of them whe of the Maior to have a double voice And upon any Misdemeanor of such seargeant or Seargeants the Maior for the tyme beinge and the Aldermen or the greater parte them shall have power to putt them out and remove them, from the said service and Imployment/ And I doe further graunte by theis presents for mee my heires unto the said Maior and Commonaltie and their Successors that they and their successors shall hav and enjoy for ever a Comon seale to bee engraven according to their own Dis- creacon whereby the said Incorporacon may or shall seale any manner of Instrument touching the same Corporacon and such Mannors Lands Tenements rents Reversons Annueities hereditaments goods chattles affayers and any other thinges belonginge unto or any wise apperteyneinge to the same or any of them/ And I doe further for mee and my heires for the Consideracons aforesaid and for divers other good causes and Consideracons mee moveing by theis presents absolutelye graunte and confirm unto the said Maior and Comonaltie
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of Gorgeana aforesaid and their Successors for ever All such and so much of the aforesaid lands lymitts places and precincts hereby before perticulerli bounded out and expressed, as are not formerlie graunted and thereupon seised on and possessed by any other person or persons (and are called by the name of Gorgeana aforesaid) Togeather alsoe with all the havens ports Creekes Rivers Waters Fishinges and all and singular other Profitts Comodities Jurisdiccons Privilidges Franchisses and preheminences within or belonginge to the said precincts and lymitts called Gorgean aforesaid or to any of them To Have Hold Possess and Enjoye the aforesaid Lymitts precincts called Gorgeana and all and singuler the said graunted premises with all and singuler their appurtenances to the said Maior and Comonaltie and their Suc- cessors and assignes for evermore/ To bee holden of the Kinges Majestie his heires and Successors as of his Mannor of Easte Green- witche in the Countie of Kent in free and Comon Soccage and not in Capite nor by Knights service as the said Province of Mayne is nowe held/ Yeldinge and Paieinge therefore yearlie to mee the said Sir Ferdinando Gorges my heires and assignes one Quarter of Wheate at Michaelmas Yearelie and every yeare for ever/ And in regard that due alleagiance to his Majestie his heires and successors may ever bee rendred (as in said Province) soe in and within the said Incorporacon, I doe by theis presents order ordeyne and appointe that before any Maior nowe or hereafter to bee named of the said Towne shall execute his Office he shall first take the Oath of Alleagiance towards his Majestie which shallbe administered by the Governor or Chancellor of the said Province/ And likewise that the said Justices and Comon Councell and the Recorder Towne Clarke and Sergeants and all other Officers there shall take the like Oathe to bee administred by the Maior for the tyme beinge/ And alsoe that the Governor or Chancellor of the said Province shall administer such formall oath to the Maior as hee and the greater parte of the Councell of the said Province and the greater parte of the Incorporacon shall devise and thincke meete for his due administeringe of Justice within the said Incorporacon and for his well orderinge of the same to the best good of the said Incorporacon/ And that the said Justices shall take an oath to the like purpose to bee administred by the Maior/ And that the Recorder Town Clarke and others shall take such oathes as are proper to the due Execucon of their places and to such other intents as to the Maior and Justices shall seeme fitt for the best good of the Incor- poracon/ And these same Oathes shalbee administres alsoe by the said Maior in the sight of the said Justices or any of them/ And I doe further for mee and my heires by theis presents give and graunte unto the said Mayor and Comonaltie full power leave licence and author- itie from tymeeto tyme to make Wharfes and Keies for landinge and unladinge goods and merchandizes/ And to erecte rayse and build in and within the Lymitts and precincts of the said Incorporacon such and soe many Forts, Fortresses, platformes and other fortificacons whatsoever and the same and every of them to fortifie with men and all manner of amunicon for the safetie of the said Incorporacon and for the better safetie and ayde yf need bee of the whole said Province as to the said Maior and Comonaltie or the greater parte of them with the privitie and approbacon of the Governor and Councell of the said
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HISTORY OF YORK
Province and freeholders of the same or the great parte of them shall seeme meete/ And in further consideracon of the tender regard I have and beare to the further good and advancement of the happinesse and weale publique of the said Cittie or Towne and Incorporacon and of the said Province and that tradinge and comerce may bee the more readilie advanst I doe by theis presents create ordeyne appointe and establishe a Market to bee kepte upon Wensday in every weeke for ever within the said Towne/ And that there shallbe twoe Fayers held and kepte there every yeare for ever hereafter (Viz) upon the Feaste daies of St. James and St. Paul/ And that all the benefit of the Toll and other Customes incident and belongeing to Faiers and Marketts shall forever redownd to the Use and Advantage of the said Maior for the tyme beinge/ And I doe further by theis presents for mee and my heires licence and authorize the said Maior and Aldermen Councell and Comonaltie for the tyme beinge and the greater parte of them to make all such good and wholesome lawes for the better order- inge and governinge of the said Corporacon as to them shall seeme meete, the same not beinge repugnant but agreeable as neere as may bee to the lawes of this Kingdom of England: nor repugnant or con- trarie to the lawe of the said Province, nowe or hereafter to bee estab- lished there/ .
And I doe further by theis presents for mee and my heires give and graunte unto the said Maior and Comonaltie and Incorporacon such and soe many privilidges liberties and freedomes (as far as in me lieth) as the Cittie of Bristol holdeth by their Charter of Incorporacon/
And I doe further for mee and my heires Covenant with the said Maior and Comonaltie and theire Successors by theis presents that yf they or their Successors shall at any tyme make any doubte of the validitie in lawe of this present Charter or bee desireous to have the same renewed with amendment of such ymperfeccons as shall appeare fitt and necessarie to bee reformed that then upon the suite and entretie of the said Maior and Comonaltie and their Successors for the tyme beinge I and my Heires shall forthwith passe a newe Graunte and Charter to the said Maior and Comonaltie with such further and better premises as by the Councell on the behalfe of mee and my heires and of the said Maior and Comonaltie and their Successors shall be reasonable devised or advised/ And further that all doubtes or questions that may arise touchinge this present Charter or thinges herein conteined shall be construed to be and enure, and is hereby declared to bee and enure to the most benefitt and advantage of the said Incorporacon and of every member thereof/
And lastly I doe for mee and my heires and commaund my Deputie Governor and all my Councell and Freeholders of the said Province to take notice of this present Charter and to be aydinge and assistinge to the said Maior and Comonaltie their Successors and assignes in all thinges touchinge tha same/
In Witness whereof I the said Sir Ferdinando Gorges have here- unto sett my hand and seale the first day of March in the seaventeenth yeare of the Raigne of our Soveraigne Lord Charles by the grace of God of England Scottland France and Ireland Kinge Defe(nder) of the Faith &c/ (1641)
(A seal appendant)
444
INDENTURE OF TRUSTEESHIP 1684
This Indenture made the Twenty sixth day of July anno Domini one thousand six hundred and eighty four, and in the Thirty Six year of the Reign of our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King defender of the Faith &c. between Thomas Danforth Esqr. President of his Majesty's Province of Mayne, in New England on the one party and Major John Davis, Mr. Edward Rishworth, Capt. Job Alcock and Lieut. Abraham Prebble Trustees on the behalf, and for the sole use and benefit of the Inhabitants of the Town of York, within the above named Province of Mayne on the other party Witnesseth, That Whereas the above named Thomas Danforth by the Governour & Company of the Massachusetts Colony in New England, the now Lord Proprietors of the above named Province of Mayne, at a Gen- eral Assembly held at Boston on the Eleventh day of May, 1681, is fully authorized and impowered to make legal confirmation unto the Inhabitants of the abovesaid Province of Mayne of all their Lands, or Proprieties to them Justly appertaining or belonging, within the limits or bounds of said Province NOW KNOW ALL men by these Presents, that the said Thomas Danforth pursuant to the Trust in him reposed and power to him given as abovesaid, by and on the behalf of the Governour and Company of the Massachusetts Colony aforesaid hath given granted and Confirmed, And by these presents, Doth fully clearly and absolutely give grant, and Confirm unto the above named Major John Davis, Mr. Edward Rishworth, Capt. Job Alcock & Lieut. Abraham Prebble Trustees as is above expressed, All that Tract or parcel of Land within the Township of York in said Province, according to the Bounds and Limits of said Township to them formerly granted by Sr. Ferdinando Gorges Knight, or by any of his Agents, or by the General Assembly of the Massachusetts, with all priveledges and appurtenances to the same appertaining or in any wise belonging (All Royaltys reserved to his Majesty by the Charter granted to Sir Ferdinando Gorges Knight (his Heirs and assigns, together) Also those by the said Charter given to said Sir Ferdinando Gorges Knight, his Heirs and assigns, together with the Rivers Streams, and coves contained within the limits or bounds of said Township always to be excepted and reserved. TO HAVE AND TO HOLD all the above said Tract of Land by these presents granted and confirmed be the same more or less with all the priveledges & appurte- nances to the same appertaining, or in any wise belonging, excepting as is above excepted and reserved to them the said Major John Davis, Mr. Edward Rishworth, Capt. Job Alcock and Lieut. Abraham Prebble Trustees, as abovesaid forever. To the only proper use and behoof of the Inhabitants of the said Town that now are, and to those that shall there Survive and succeed from time to time and forever- more hereafter. And the above named Thomas Danforth for and on
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HISTORY OF YORK
the behalf of the Governour and Company of the Massachusetts Colony and for their Successors, and assigns doth further covenant promise and grant to and with the above named John Davis, Edward Rishworth, Job Alcock and Abraham Prebble their Heirs and Assigns Trustees above expressed, That they the said John Davis Edward Rushworth Job Alcock & Abraham Prebble shall and may at all times and from time to time forever hereafter, peaceably and quietly have hold occupy possess and enjoy all the above given and granted premises without the let denyal or contradiction of the Governour and Company of the Massachusetts Colony, or of any other person or persons whatsoever claiming and having any lawfull Right Title or Interest therein, or in any part or parcel thereof by from or under them the said Governour and Company, or by any of their assigns. They the above named Inhabitants of the said Town of York for the time being and in like manner that shall there be from time to time forever hereafter YIELDING and paying in consideration thereof to the Governour and Company of the Massachusetts Colony, or to the President of said Province of Mayne, by them authorized & impowered for the time being, or to other their Agents and lawfull Asignee or Asignes the Quit Rents to the said Governour and Company due and belonging according to the proposal made and mutually agreed upon at the General Assembly held in the abovesaid Province at York June 168I vizt. that they the abovesaid Inhabitants of the said Town of York for the time being and in like manner that shall there be from time to time forever hereafter, as an Acknowledgment of Sir Ferdi- nando Gorges and his Assigns Right to Soil & Government do pay Twelve pence for every Family whose's single Country Rate is not above Two shillings, and for all that exceed the sum of Two Shillings in a single Rate to pay three shillings pr. Family Annually in money to the Treasurer of the said Province for the use of the Chief Proprietor thereof; And in case of omission or neglect on the part and behalf of the Inhabitants to make full paiment Annually in manner as is above expressed and hath been mutually concented and agreed unto; It shall then be lawfull for the said President of the said Province for the time being or for other the Agent or Agents Asignee or Assignees of the Governour and Company of the Massachusetts Colony to levy and make distress upon the Estates of any of the inhabitants for the time being within the lymits & Bounds of the said Township as well for said Quit Rent as also for all Costs and Charges accrueing and arising upon the same and the Estates so levied or distreined to bear drive or carry away with so much as it shall Cost to convey the same to the Treasurer of the Province for the time being, or to such place as he shall appoint. IN WITNESS whereof the partys above men- tioned to this Present Indenture have Interchangeably put their Hands and Seals the day and year first above Written.
Signed Sealed and delivered in presence of THOMAS DANFORTH, President (Seal)
JOHN HAYWARD, Notra Publick ELIEZER MOODY.
446
RAPPORTE DE M. DE CHAMPIGNY, 1692 A QUEBEC LE 5 OCTBRE 1692
Vers le fin du mois de Janvier 1692 Cent cinquante Abenaquis se mirent en marche pour se rendre a un lieu a qu'ils en vouloient nomme Iarc, non estant plus esloigne que d'environ deux lieux, ils decouvri- rent proche le lieu de leur cabanage les pistes de deux Anglois, que trois de nos gens suivirent assez lontems. Mais elles etoient du jour d'auparavant ils etoient cabanes au pie'd'une montagne d'ou ils decouvrirent le pays ennemis fort commodement. Comme la faim les pressoit ils conclurent qu'il falloit donner des le landemain, mais comme il negea beaucoup plusieurs conclurent a attendre le beau tems. Les chefs de guerre que l'on ecoute toujours preferablement meme aux Capitaines de nation furent d'avis de donner malgre la neige. Ils avancirent donc vers Iarc. En estant a environ a un quart de lieue ils visent un jeune homme Anglois qui faisoit des trapes. Ils leprirent et ensuite deux autres un peu plus loin. Ces anglois n'avoient que leurs haches. L'on arrete la Marche pour interroger les trois esclaves a deux desquils on cassa la teste. Lorsquon eust scu d'eux ceque lon souhaitoit on lia le troisieme.
Les cent cinquante guerriers se separerent en deux bandes l'une donna d'abord sur un forte et l'autre sur des maisons Angloises. C'etoit sur le midy du landemain de la feste de la purification. Ils se rendi- rent Maistres du fort et dix Maisons sans beaucoup de resistance y agant jette la terreur il y eust un de nos gens de tues en cette premiere attaque et ce qui sust vinque dans toute cette action. Pourlors nos gens se partagerent en petites bandes, de deux et de trois et desolerent une coste d'environ une lieue et demy en moins de deux ou trois heures. Il y avoit trois forts et un tres grand nombre de Maisons Angloises, tout cela fut brule. On enterra le mort Abenaquis dans une cave d'une maison Angloise, avant que d'y mettre le feu. Un Abenaqui qui etoit un des chefs de guerre et qui a reporte tout cecy a dit qu'il avoit en plus de cent Anglois tues qu'il avoit este lui meme en suite les compter avec des poix.1 Ils emmenerant quatre vingts prisonniers, L'on ne seauroit estimer le carnage qui fut fait de chevaux, de boeufs, de moutons, de cochons tues ou brules. Nos gens donnerent la vie a une douzaine de petits enfans et a trois vieilles Angloises qu'ils renvoyirent au fort prochain, l'une de ces vieilles portoit une lettre d'un Anglois considerable qui se trouve parmy les esclaves et a qui nos Abenaquis la firent ecrire. Ils sommoient L'Angloise de leur rendre son fort, ou de sortir pour se venir battre contr'eux, que s'il aymoit mieux les pour suivre, quiles l'Alloient attendre deux jours tout proche de la, pur luy en donner le tems, mais que s'il venoit (avant que de se battre). Ils casseroient la teste a tout ce qu'ils emmenoient d'esclaves Angloise, qu'ils luy renvoyient quelques petits enfans et quelques vieilles dont
1 The phrase "les compter avec des poix" is a reference to the Indian system of enumeration, using peas to count large numbers. Translated it reads: "they counted them with peas." This explanation was courteously furnished by M. Pierre-georges Roy, Archiviste de la Province de Quebec, to whom acknowledgment is here made for solving this verbal puzzle in old French.
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