USA > New Hampshire > Rolls of the Soldiers in the Revolutionary war, 1629 to 1725 > Part 39
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And the sd Presd' & Councill for them & their Successrs do Cove-
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nant and Grant to and wth ye sd Sr fferdin : Gorges Capt John Mason and their said Associates John Cotton Henr. Gardner Geo. Griffith Edwyn Guy Thom. Wannerton, Thom Eyer Eliezer Eyre their Heires & Assignes by these prets, that from thensealing & delivery hereof according to ye purport true intent and meaning of these prets they the sd S' Ferdinan Gorges, Capt. John Mason and their sd Asso- ciates John Cotton Henry Gardner Geo Griffith Edwin Guy Thom. Wannerton Thom Eyer and Eliezer Eyre their Heires and Assignes shall from tyme to tyme for ever peacably and quietly have hold pos- sesse and enjoy all thaforesd House and Cheife Habertacon porcons of Lands wth all ye Islands and #'misses wth thappurtences hereby be- fore given and granted or menconed, meant or intended to be hereby given and granted, and every part and parcell thereof wthout any Lett, disturbance, denyall trouble interrupcon or eviccon of or by ye sd President and Councill or any #son or #sons whatsoever clayming by from or under them or their Successors or by or under their Estate Right Title or Interest. And the sd Presid' and Councill for them and their Successors do further Covenant and grant to and wth ye sd SI fferd : Gorges Capt. John Mason, and their Associates John Cotton Henry Gardner Geo Griffith Edwyn Guy, Tho Wannerton Thom : Eyre and Eliezer Eyre their Heires and Ass by these prets That they the sd Presid' and Councill shall at all times & times here- after upon reasonable request at the only proper Cost and Charges in the Law of the sd S' fferden Gorges Capt John Mason, and their sd Associates John Cotton, Henry Gardner, Geo Griffith Edwin Guy Tho Wannerton Tho Eyre, and Eliezer Eyre their Heires and Ass .: do, make pforme, suffer execute, and willingly consent unto any further Act or Acts, Conveyance or Conveyances, Assureance, or Assurances for the good and pfect Investing, Assuring, Conveying and sure making of all the aforesd Houses and Habitacon, porcons of Land, Island and all and singular other the 'misses wth thappurtences to the sd S' fferd Gorges Capt John Mason and their sd Associates John Cotton Henry Gardner George Griffith Edwyn Guy Thomas Wan- nerton Tho Eyere and Eliezer Eyre, their Heires and Assignes, as by them their Heires or Assignes, or by his or their or any of their Councill learned in the Law shalbe devised or advised or required. And further Know Yee that the sd Presd' and Councill have made, constituted deputed, authorized appointed, and in their place and steed do putt Capt Thom. Camock Henry Joselin, or in their absence to any other #son that shalbe their Governour, or other Officer, to the Presd : and Councill to be their lawfull Attorny and in their name & Steed to enter into the sd House and Habitation porcons of land and other ye { *misses above given and granted wth their apptences or into some pt
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thereof, in the name of the whole for them and in their name to have and take possession and seizin thereof, and after such Possession and Seizin so thereof or of some part thereof in the name of the whole so taken and had, then for them and in their names to deliver full and peaceable possession and seizin of all and Singular the sd granted Prmisses unto ye sd S' Ferdinando Gorges Capt. John Mason and their said Associates John Cotton Henry Gardner, Geo Griffith, Edwyn Guy Thomas Wannerton, Thomas Eyre and Eliezer Eyre, or to their certain Attorny or Attornys in that behalfe, according to the true in- tent and meaning of theise nts Ratifying Confirming and Allowing all and whatsoever their said Attorny shall do in or about the 'misses by these nts In Witnesse whereof the said president and Councill to two parts of these presents both of One Tenor have sett their Common Seale and to one part thereof the sd S' Ferden : Gorges, Capt. John Mason, John Cotton, Henry Gardiner, Geo : Griffith, Ed- win Guy, Tho : Wannerton Thom : Eyre and Eliezer Eyre have sett their hands and Seale the Day and yeere first above written.
[Endorsed in pencil] 3. Nov. 1631, N. Engd
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Colonial State Papers. Vol. 6, No. 29. -
Att Warwicke House the 4th of November 1631. There being Present,
The Earle of Warwicke Presidt & S' Fardenando Gorges Knt Threr
There was that day Sealed a Pattent granted to S' Fardinando Gorges Knight, Capt John Mason and their Associates of a porcon of Land lyeing upon the River of Pascataquack extending itselfe along the Sea Shore to the westward 5 English miles and so by an imaginary Line up into the maine North to the bounds of a plantation belonging to Edward Hilton and the Islands within the same River eastward, together with 3 Miles along the shoare to the Eastward of the sd River and opposite to the Habitation and Plantation where Capt Neale lives and soe up unto the maine Land northerly by all ye breadth aforesaid thirty miles, with all ye woods soyles & marshes within the said Limitts with the Lakes at the head of the said River and other Comodityes and Imunityes as by the Counterparte of the same grant it more at large appeares.
The Consideration was for service formerly done & for yt they had already setled theire with the said Captain Neale divers of their
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people and had erected salt panns and hope to make salt & intended further to raise other good and merchantable Comodityes, as fishing, makeing of pipe staves Clapboards and ye like.
The Conditions were to pay his Maty the 5th part of Gold or Silver Oare there to be gotten, and to the Presid' & Councell forty shillings sterling payable at the Assurance house on ye west side of ye Royall Exchange London (if it be demanded) the first payment to begin at the first of St. Michael the Archangell 1632 and soe for all service from yeare to yeare.
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Colonial State Papers. Vol. 6, No. 68.
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[November 19, 1632.]
Right honoble
Havinge lately bin in New England in America and taken notice both of some Comodities and advantages to this State wch that Countrie will afford, and there havinge visited the plantations of the English and amonge the rest that especially in the Mattachu- setts (being the largest best and most prospering in all that land) I have made bold to informe yor honor of some observations wch I have taken both of the Countrie and that Plantation.
As for the Countrie it is well stored with goodly Timber and Masts for shippinge, and will afford Cordage, Pitch and Tarr and as good hempe and fflax as in any pte of the world, growes there naturally fitt for Cordage and sayles, whereof this kingdome will soone find the benefitt, if the plantacon proceed awhile wethout Discouragemt as hitherto it hath done.
ffor the plantation in the Mattachusetts the English there being about 2000 people, yonge and old, are genally most industrious and fit for such a worke, havinge in three yeares done more in buyldinge and plantinge, then others have done in seaven tymes that space, and with at least ten tymes lesse expence.
Besides I have observed the planters there, and by theire lovinge just and kind dealinge with the Indians, have gotten theire love and re- spect and drawne them to an outward Conformity to the English, soe that the Indians repaire to the English Governor there, and his Dep- uties for instice.
And for the Governor himself I have observed him to bee a dis- creete, and sober man, givinge good example to all the planters, wear- inge plaine apparell such as may well beseeme a meane man, drinkinge ordinarily water, and when he is not Conversant about matters of jus-
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tice, putting his hand to any ordinarye labour with his servants, ruling wth much mildnes and in this #ticular I observed him to be strict in execucon of Justice, upon such as have scandalized this state, either in Civill, or Ecclesiasticall government to the greate Contentmt of those that are best affected, and to the terror of offendors
Of all wch I my selfe havinge bin an eye witnesse am the rather in- duced to Prsent the same to yo' honor to cleare the reputation of the plantation from certaine false rumors and scandales, wch I ceive since my retorne to England some #sons ill affected to the planta- tions there, have cast abroad ; as namely one S' Xhofer Gardiner, whoe leavinge two wives here in England, went with another yonge woman into New England, there, being discovred by letters from England he was sepated from his wench.
A second is one Moreton whoe (as I am Informed by his wifes sonne and others) upon a fowle 'suspition of Murther fled hence to New England and there falling out with some of the Indians, he shott them with a fowling piece, for wch and other misdemeanors upon the Indians complaint his howse by order of Court there, was destroyed and he banished the plantacon.
A third was one Ratcliffe whoe as I am Crediblie informed ; for most horible blasphemy was Condemned there to lose his eares, whoe with the former two, and some other the like discontended and scan- dalous #sons, are lately returned hither, seekinge to Cover the shame of theire owne facts, by castinge reproaches upon the plantation, doe addresse themselves to S' ffardinando Gorges, whoe by theire false informacons, is nowe piectinge howe to deprive that plantation of the previledges graunted by his Matie and to subvert theire governmt the effects whereof wilbe the utter ruine of this hopefull plantation, by hindringe all such as would goe to them, and drivinge those alredy planted there, either to returne, or disperse into other places, wch I leave to yor grave judgmt my selfe being none of theire plantation, but a neighbour by, have done this out of that respect I bere to the genall good, I have ben too briefe in this relation in regard I feared to be over troblesome to yor honors Soe I take leave and rest.
The XIXth daye of November, 1632
Yor honors humble servant
Tho Wiggin
[Addressed] To the right honoble St John Cooke Knt principall Secretary to his Maie and one of his highnes most honoble prince Councell these d
[Endorsed] 1632, Noveb 19. Relation of Capt Wiggin of New England
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Colonial State Papers. Vol. 6, No. 88.
At a Meeting the 6th of December 1633 Present :
Sr Ferdenando Gorges Knt
Capt John Mason for himselfe and Mr John Cotton M' Henry Gardner Mr George Griffith Thomas Eyer for Tho Wannerton & Eliezer Eyer.
It was agreed that Pascattaway house and the house at Strawberry Banke, and all the Islands and Isletts within the river of Pascattaway together with all the Land on the Southwest syde of the said River which is mentioned in the Patent, as also the Isles of Shoales and the house at Newichewanock with the land thereunto belonging shall re- maine in Common untill a Division thereof hereafter to be made.
And as concerning the land upon the Northwest syde of the said River, from the outermost point upon the Sea Coast unto the end of 30 miles being the extent thereof up into the Maine Land the same is by mutuall consent divided as followeth (vizt.)
To Sr Ferdinando Gorges Knight three miles beginning at the out- ermost point in the Sea where the Patent of ye said syde of Land beginneth up the River.
To M' Henry Gardner three miles and three quarters beginning where S' Ferdinando Gorges land endeth and soe up the River aforesaid.
To M' George Griffith M' Thomas Wannerton and Eliezer Eyer eight miles beginning where M' Gardner aforenamed endeth and soe up within a quarter of a mile to the Lowermost falls next to New- ichewanock house.
To Captaine John Mason for himselfe and Mr John Cotton to be- ginne a quarter of a mile below the said Lowermost fall and soe upward along Newichewannock River to. the end of ye Patent which is estimated about fifteen miles and a quarter being almost fower miles more than his proportion cometh unto. Yet it is allowed him in regard hee is soe farre distant from the Sea, and for conveniency of landing boats belowe the said Falls
Provided that if any of the abovenamed Shall come Short of having his due division of quantity of Land in the Division aforesaid
It is to be rectified in the next Division of Lands undivided
Concerning the Swine remaining to the generalls it is agreed that they shall bee divided as followeth
To S' Ferdinando Gorges Knt . To Capt. Mason .
4 Sowes
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To Mr. Henry Gardner 5 Sowes To Mr. George Griffith 5 To Mr. Thomas Wannerton 3 To Eliezer Eyer 3
And the residue to remaine untill the next division of them.
Ferdi. Gorges John Mason
George Griffith Henry Gardner.
Colonial State Papers. Vol. 8, No. 47.
[February 3, 1634.]
Allottmt of Capt Mason's part by ye Councell of N. England.
ffor as much as by a mutuall agreement wee whose names are sub- scribed Patentees or Adventurers and of the Councell of New Eng- land are to joyne in the surrender to his Matie of the greate Charter of that Country wch was granted unto us in the eighteenth yeare of the Reigne of King James of blessed memory in whose #sence Lotts were drawne for setling of divers and sundry divisions of Land on the Sea Cost of the said Country uppon most of us who hitherto have never bin confirmed in the said Land soe allotted And to the intent that every one of us according to equity and in some reasonable man- ner answearable to his Adventures or other interest maie enjoy a ppor- con of the land of the said Country to bee imediatly holden of his matie wee therefore doe condescend and agree that all that pte of the sea coast of the Country aforesaid shall belong to Captaine John Ma- son to begin at the midle of Namekecke river, and from thence to # ceed eastward along the Sea Coast to Cape-Anne and round about the same in to Pascataway Harbour and soe forthward upp within the river of Newichewannock and to the farthest head of the said river and from thence Northwestward till sixty miles be finished from the first entrance of Pascataway harbour Alsoe from Namekecke through the Harbour and River thereof up into the land west sixty myles from wch period to crosse over land to the sixty miles end accounted from Pascataway throug Newichewannock River and into the land North- west as aforesaid and hercunto is to belonge the South halfe of the Isles of Shoales and 10,000 acres on the south-east part of Saga- dahock at the mouth or entrance thereof.
Saveing and reserving out of this diviseon to every one that hath
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any law full graunt of land or plantacon law fully setled in the same The freeholding and enjoying of his right wth the libties thereunto apptaying laying downe his Jura Regalia (if he have any) to the #prietor of his division wherein his land lyeth and paying some small acknowl- edgment for that he is now to hould his said land anewe of the #pri- etor of this division.
J. Lenox Hamilton Arrundell & Surry Carlile Stelene Ed Gorges fferde Gorge.
Concordat cum originali feà collatione per me Tho. Maydwell Norum Pubrum
Extract from Mss. in the British Museum, No. 3448, entitled, " A Re- lation Concerning the Estate of New England."
[About 1636.]
A relation concerning New England, ffor the perfect understand- inge the State of New England these three things deserve considera- con vizt.
I. The Country 2. The Comodities 3. The Inhabitants.
The Countrye.
New-England is Scituate in the north part of the maine Continent of America included wth in the degrees of 40 and 48 of northerly latitude a clymate through out all the world esteemed temperate, and healthfull and by Experience it is found that noe countrie enjoyeth a more salubrious aire then New-England, and though the Winter be more Sharpe then ordinariely heare, yett it is lesse offensive by rea- son the aire is more Cleer and the Cold alwayes drie
Inhabitants.
The Inhabitants of New England are of two sorts the native and the Planters.
The natives of the Countrie are att this tyme verie few in number through heretofore popuelous destroyed by a great and generall plague wch happined about 17 years since, leavinge not the fortieth person liveinge since wch time they have never increased, they live nere and among the English but are beneficiall to them onely in the trade of Beaver wch they exchange for our Comodities Theire want of people makes them not feared by us as not beinge able to doe much
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mischiefe, wch otherwise doubtles they would doe as was found by lamentable experience the last yeare. What the Manners and Cus- toms of those Indians are is trulie and att large related by a ffrench men whose booke is translated into English intituled Nova Francia.
The Planters of newe England are of three severall nations, Eng- lish ffrench and Dutch.
(Dutch Plantation page 7)
(French Plantation page 8)
The English are planted in the middest betwixt the Dutch and ffrench in a countrie ffarr exceedinge that of the ffrench though some what inferiour to the Dutch habitacon.
That part of the countrie was manie yeares since planted by the English in the time and by the means of the Lord Cheife Justice Popham and some others, and especially by Sr fferdinando Gorges Knight but those plantacons prospered not through the ill Choice of places Commodious for habitation.
The Present Inhabitants of New Plymouth were the first the set- tled a plantation to any purpose in New England who went thither to inhabite about some 15 yeares but the great numbers of people wch makes the countrie seeme now somewhat populous wth English hath been transported wthin these 9 yeares under the government of Mr In- dicott and Mr Winthrop who have seated themselves in the west and more Southerlie part of the Countrie about the same tyme and since divers other private Colonies have been planted in the more Fasterlie and northern parts.
The English are planted in this Countree by vertue of Patents granted unto them from the President and Councell of New England wch soe ffarr I can understand are in number as vizt.
I. The Patent of New Plymouth.
2. The Patent of Massachusetts Baye
3. The Patent of Agawam, granted to Captaine John Mason
4. A Patente granted to SI fferdenando Gorges.
5. A Patent of Laconia granted to SI fferdenando Gorges and Cap- taine Mason.
6. A Patent of Pascataquacke granted to SI fferdenando Gorges and others.
7. A Patent granted to Edward Hilton.
8. A Patent of Accaminticus granted to Captaine Morton wth others.
9. A Patent granted to John Stratton about Cape Porpus River.
IO. Two Patents of Sohaketocke granted to Richard vynes & Thomas Lewis.
12. A Patent granted to Captaine Thomas Camock of black pointe.
13. A patent granted to M' Trelanye of Cape Elizabeth.
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14. A patent of Casico granted to Captaine Levitt.
15. A Patent of Pethipscote granted to Thomas Purchis and .others.
16. A Patent granted to Richard Bradshaw of the Northeast side of Peckipscot River.
17. A Patent of Quinebecke, belonginge to them of New Ply- mouth.
18. A Patent of Segadehock granted to Crispe and others.
19. A Patent of Pemaquid granted to M' Aldee and Mr Elbridge.
20. A Patent granted of Penobscott to M' Sherlie, and others Off theis Patents granted to Sr fferdenando Gorges, and Captaine John Mason are included wthin the Patent last granted to the Inhabitants of the Massachusetts Bay Concerninge wch Matters there hath been and still remaines some controversee Sagadehock was never planted.
That of Cassica, and that granted to John Stratton were at my Cominge away forsaken.
The Patent of Penobscott is largest of Extent, it Comprehendinge (as is pretended) nere 40 leagues in length yett it is planted but wth one house, And is now possessed by the ffrench.
The English in theis severall patents are planted alonge the sea Coast and have their habitations nere adjoyning to Rivers Navegable ffor Shippinge, or Barkes, ther Charge and Difficultie of transportinge provesion by land, ffor want of Horses Causes the Inland party to bee yett unpeopled.
The Plantacons beginninge at ye most Southerlie, wch is new Ply- mouth and endinge at Penobscott, Containe in length alonge the Sea Cost about 70 leagues and are peopled wth more than 3000 Persons whereof new Plimouth may Containe well nere 1800, the Massachu- setts . . . the rest of the Patents beinge planted wth residue.
Att my Comeinge over there was estimated to be att the least . . . head of Kyne belonging to the severall plantacons, And are now increased to 5000 or thereabouts, great store of Swyne and goates and some horses :
The Inhabitants have in all places Convenient houses and good quantitie of Cleered land ffor Corne.
The above menconed Patents are not all of one kinde, for some are in the nature of Corporacons and have power to make Lawes, ffor the governinge of their plantacons, others are but onely assignmnts of soe much Land to bee planted and possessed wthout power of governmt
Of the first sort are onely theis ffower vizt :
I. New Plymouth 2. Massachusetts 3. Pascatequack & 4. Pemaquid.
The Civill government of the Colonies remaine in the power of those who are Principall in the Patents of wch those wch have authoritie
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to establish lawes, doe Execute theire Jurisdiction & soe ffar as I could understand, as neere, as may bee accordinge to the lawes of England, And those whoe have not that legall power doe governe theire ser- vants and Tennants in a Civill way, soe ffar as they are able.
The Defects in theis plantations ffor the present, as I conceive, are onely theis.
I. The Inhabitants (Except in the Massachusetts Bay) are too farr scattered one from another alonge the coast, soe that they Can not uppon any occasion, Reunite ther selves to oppose an enemye.
2. There is fewefforts nor places of the strength in all the Countrie.
3. There are but few of those, who have Patents granted unto them that doe observe the Lawes, and orders of Plantation appointed unto them in their Patents and Expressed in the grand Patent, granted by his Matie to the President and Councell.
4. When there happeneth any question betweene the Planters of severall Patents, those quarrells are seldome, or never ended because there is none in the Countrie that hath authoritie to Decyde them ; every mans power beinge Limitted, wth his owne Patent.
5. There wants an uniformytie in the Lawes and Customes of severall Patents and alsoe a generall unitie in thinges that conscerne the publique good of the Countrie.
As Concerninge matters of Religion, because my aboade was ffarre distant ffrom neighbors and noe professed Scholler, I was therefore little acquainted wth other mens disagreeinge opinions and my- selfe, and Colonie all wayes professinge the Doctrine discipline of the Church of England I was not Curious after that of others wch then Concerned me nott
ffinis.
[Then follows " An abstract of the Lawes of New England."]
Court of Requests, orders and Decrees. Vol. 35, p. 21. Easter Term. 13 Car. I.
[1637.] Eyre and George.
Whereas Thomas Eyre hath exhibited his bill of Compl' unto the King's Matie before his highness Councell in his honoble Court of Whitehall at Westm' against Sir fferinando Gorge K' John Watson
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and others Defendts ; Thereby settinge forth that the Defendts Sr fferdinando Gorge Thomas Wannerton and others adventurers for Pascattawaye in New England did make choice of the plt. for theire agent for managinge theire affaires and about 7º Caroli Rs the said adventurers did Sett out the Shipp called the Lyons Whelpe whereof the defendt Gibs was Maister and who without the adventurers pri- vitye did lade for the accompt of himselfe the Defendt Watson and Hingston 76ti of beaver wooll which beinge returned into England the Said adventurers directed the Complt to take the same into his custodye for non payment of the fraight of the Said Beaver wooll which the Said Defendts Watson Gibson and Hingston have suffered to remaine in the plts hands without payement of the fraight for the Same by the Space of foure yeares and untill the plt by the direccon of the said Adventurers had Sold the said Beaver wooll and what the plt did was by the direccon of the saide Companye hee beinge but theire agent as aforesaide and the said sale was occasioned by the wilfull neglect of the Defendts Gibbs and Hingston in not payeinge the said fraight Therefore and for that the Said Defendt John Watson hath now revived a suite at the Comon Lawe brought 4 yeares since against the plt for 81b of the Said Beaver wooll and doe presse a Speedie triall therein against the plt. It is by the Right honoble the Lord the Lord P. S: and the rest of his Mats said Councell of this Court in presence of Councell on both sides Ordered that the said Deft Watson shall bee at libtie to proceed to a triall at comon Lawe in the accon there by him comenced against the plt and after the said triall the said Deft Watson his Councellors Attorneys and sollicitors, and every of them shall surcease and staye and noe fur- ther prosecute or proceed at the comon lawe thereupon agt the said Complt untill the same matter shall be fullye heard in this Court and other and further order bee there uppon had and made by his Mats said Councell of this Court to the contrarie And it is further ordered that an Injunction under his Mats P: S: uppon paine of CCti to be leavied &c. bee forth with awarded and directed unto the said Deft Watson his Councellors Attorneys and Sollicitors and every of them for the due performance of this present order in every behalfe
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