Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 40

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Colonial State Papers. Vol. 10, No. 18. [1638-39.]

According to yor Lopps Order of Reference of the 22th . . . ffebruary 1638, directing us to examine & certifie whether the

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MISCELLANEOUS PROVINCIAL PAPERS.

Promise of Sr fferdinando Gorges to be an -in equall proporcon wth Capt John Mason, (whe - is charg'd wth the Arreare complained of to be from him) did only relate to such Shipps as should sett out & Voyages made after his said Promise, - date in June 1632 or to the Shipps sett out mentioned in the Certificate of St John -& S' Abraham Dawes wch were before the date - Promise or to both ; We have examined the Same & fully heard the said Sr fferd : Gorges in Whatsoevr could alleadge for himselfe, & doe finde that . . . said Promise made in June 1632 as aforesaid ha - relation to the Shipps sett out & voyages mentioned in the said Certificate of Sr John Wolstenholme & . . . Abraham Dawes, wch were before the date of his said Promise And it appeared clearly unto us that the Objection made by the said Sr fferd. Gorges that his said Promise related only & was to be applied to such Shipps as were sett out & voyages made after his said Promise, was a mere su - fuge & altogether ground- lesse for that after his said Promise made he paid in 1001b wch must necessarily in relation to the Voyages & Shipps sett out before the said Promise in regard that since the date of his said Promise there hath not beene any Shipp sett out nor voyage at all made by the said Adventurers Be . . . it appear'd unto us, as well by the Register Booke Mr Eyres Clarke & Accountant for the said Comp . . as by

the Testimonies upon oath as well of the said Mr

. as of George Griffith & Thomas Wannerton wch that the said S' fferd Gorges did promise as af to be an Adventurer in all the Voyages sett the said Adventurers, in equall proporcon wth the . Mason ; As concerning the some of 2541b

to be owing & in Arreare by the said Sr fferden (wch was ordered to goe towards the satisfaction the wages & salaries due to the poore peticon's Proofe thereof is the sd Register Booke of Accounts by the said Eyres attested by him upon oath to be a true .. . Upon all whch wee are of opinion that the said Sr fferd. Gorges was in Arreare the said some of 2541b (whereof 101b only hath beene by him paid, since the first Compl' of the Peticonrs to this Board Nevr- theless in regard S' fferd. Gorges did obiect one ticular whereby he endeavoured to disable the Testimony of the said Eyres, & the Credete of his Register booke Wee have at this Instance thought fitt to represent the same to yor Lopps. Vizt. That in a cause lately de- pending in the Court of Requests betweene one Cotton, Plaintiffes & SI fferd. Gorges & Henry Gardener defendts concerning the some adventured by SI fferd Gorges in a ffishing Voyage to New England ; The question being Whether his Adventure were 1101b or 501b It was

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MISCELLANEOUS PROVINCIAL PAPERS.

(notwthstandinge the Answer of the said Eyres upon oath to an In- terogatory ministred on that behalfe, wherein he affirm'd that the Adventure of the said S' fferd. Gorges was 1101b) Resolv'd by the said Court that the said Adventure was only 501b & soe order'd ac- cordingly a Copie of wch Deposicon & order he now produc'd before us ; wch whether it may trench to the impeachmt of the Testimony of the said Eyres or the chredete of his Register Booke of Accounts in the matters referr'd by yor Lopps to us wee presume not to judge, but humbly submit the same to yo' Lopps Only wee conceave it fitt to acquainte yor Lopps likewise wth Mr. Eyres his Answer there- unto ; wch was, That the Court of Requests did not reject his Testi- mony there, in such a sence as S' fferd. Gorges now urges & would make use of, to disable his Testimony in other thinges, But that although the said order of Court determin'd it otherwise then as he had deposed, yet the same was but according to the Course of all Courts in regard there was but singularis Testis And therefore humbly desired that in Case the said objection nf Sr fferd. Gorges made any impression wth yor Lopps that he might be heard to give further Answer thereunto.

Will. Becher Abra. Williams Frances Wiatt Laur. Whitaker &c.

Date 1638-9. [Endorsed] SI fferd Gorges.

[A portion of this document towards the edge is missing.]

Councill Register. Vol. 15, pp. 300-301.

Privy Council Office.

Upon readinge of a Certificate returned to their Lops from the Sub Comittees for forraigne Plantacons unto whom their Lops had formerlie referred the hearinge and examininge of the Complaints made by John Michell a Minister and divers other poore people con- cerninge certaine moneys due unto them from Sr fferdenando Gorges knt upon his adventures to Laconia and upon readinge of a fformer Certificate made in the business by Sr John Wolstonholme and Sr Abraham Dawes who had by order frome their Lops examined the Bookes and accompts of the Adventures to Laconia concerninge the same ; ffor as much as it appeared by the said Certificates that there

. .

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MISCELLANEOUS PROVINCIAL PAPERS.

are moneys in arreare and due from Sr ffardinando Gorges upon his said Adventures wch ought to go to the satisfaccon of the poore petrs and wth out wch they could not be satisfied. It was there upon thought fitt and ordered that the said S' ffardinando Gorges should be required and enjoyned forth with upon sight hereof to make paymt of the said Arrears unto the Clark of the Councell Attendant, appearinge by Certificate under the hand of Thomss Ayres Clarke and Register to the said Adventurers to be £254 (whereof the said Sr ffardeando Gorges hath payd onlie Iolb) wch money is to be distrib- uted and paid unto the said poore people proportionablie accordinge to the severall somes due unto every of them respectively.

Att Whitehall the 27th June, 1638 Present

Lo Arc. Bp. of Cant

Lo Chamberlaine

Lo Keeper

Lo Cottington

Lo Treaser

Lo Newburgh

Lo P. Seale

M' Comptroller

Ea Marshall

Mr Sec Coke

Mr Sec Windebanke

[Lord Archbishop of Canterbury, Lord of the Privy Seal, Earl

. Marshal. - ED.]

Court Request Bills & Answers. 12 Car. I.

[1636. Abstract only.] -

Thomas Morton against Oliver Powell.

To the Kings Most excellent Majesty - Thomas Morton late of New England in America Gentleman Complains that one Brodripp of Axbride in County of Somerset Gentleman about 1624 was indebted to him in the sum of £8 and Compl being then minded to travail and make a voyage into New England aforesaid which he shortly after performed order the said sum to be paid to Oliver Powell of Axbridge aforesaid yoeman. That during Complts absence the Said Powell collected the amount from Brodripp for the Complts use who continued in New England aforesaid for 9 or 10 years after the said Oliver received the same retained it. And the Petitioner being of late enforced from the said fforaign part by the Malicious practices of the Separatists there that have seized and taken away all the plts

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MISCELLANEOUS PROVINCIAL PAPERS.

(

means in those parts. And since his arrival into England of late he demanded the money of Powell & payment was refused. And the said Oliver having understood how spightfully the Separatists had handled yor subject and had taken from your subject, among other things the writing purporting the trust aforesaid and thus he supposing it im- possible for yo' subject to make out this case at law

[Endorsed] 21 June Anno 12 Car. I.

Colonial State Papers. Vol. 9, No. 129.

[1638.]

May it please yr Grace.

I lately viewed some lines wch were sayd to be a Copie of a suppli- caon sent to ye lords Commissioners for plantaon from ye Massachu- sets wherein sundry Consideracons are p'sented, ye last whereof seems to Menace Revolt & Erection of New Government ; wch say they ye Comons are like to attempt : But my lo ye trueth is ; It is their Court Conclusion, long since decred to spend their bloud in op- posing all Counter mannds to their prsent way & humour; to wch purpose they use all diligence to fortifie themselves. And because ye River of Pascataquay is very beneficall for plantaon ; having also an excellent harbour wch may much #fit or anoy them in case of warre; therefore they endeavour wth all their skill & might to obtaine ye Comand thereof, wch if they gaine, not only a place most advanta- geous for his Matie may be hazarded ; but ye hearts & handes of his yet faithfull subjects may be estranged & weakend by their practizes I do therefore conceive That yor Grace will judg it necessarie woth all Expedition to secure yt River & harbour for his maties use : I neither dare nor need #sume herein to direct yor Grace ; but ye best way yt psents it self to my thoughts is : That a speedie Course be taken to setle his Maties Gov'nt amongest us ; there yet being none but Combi- nacons : because ye severall patents upon ye River are thought to comprize no Comission for jurisdiction.

Now my Lo : for ye particular, Whether to send one from England wth Commission, or to send Commission to some one here, or to Grant power of Incorporaon & Election, That I humbly submit to yr Graces great wisdom ; for ye year past & this Currant ye helme hath bin put into my hand by ye principall plantaons ; but I percieve no Great Strength nore Saftie in ye course we Steare his Maties authoritie is That wch will #vaile for ye advancemt of both sorts of Regiment and

(

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MISCELLANEOUS PROVINCIAL PAPERS.

lawes Eccliall & temporall more over my L : if ye River of pascataq. were appointed for ye port of discharg for Shippes y bring passengers in case any be permitted, it would much Strengthen ye Loyall partie, for many yt are brought to Massachusets would set down wth us but for difficultie of Removeall.

These things I held my self bound to reprsent & subject to yor Graces view, non obstante a late discouragn for ye day before ye writing hereof I was credibly informed ; That Massachusets Magis- trates have from England received Copies of my two first letters to your Grace : wch themselves say, Mr Vane procured from yr Graces Chapleine : If this was wth out yr Graces Consent, it will much con- cerne your Grace, if wth it, (wch I cannot believe) It will behoove mee to Consider of it. I wish yr Grace all happiness & remaine yr Graces humbly observant. Geo. Burdett

Pascataq Noveb 29. 1638.

[Addressed] To ye Most Revend father in God ye lo. Archbp of Canterbury his Grace primate & Metropolitane of all England &c humbly I sent these.

[Endorsed] Rece Janua : 31 : 163g. M. Burdett. Newe England. Theire affectation to shake of Govement.

Noveb. 29. 1638.

Colonial State Papers. Vol. 9, No. 131.

The humble Petition of Captein Walter Neale

To the Kings most excellent Matie

Your Matie being graciously pleased to take into yor Roiall consid- eration the government of the plantations in New England May your Matie likewise favourably vouchsafe to accept the pretences of your humble peticoner to the said government, which are breifely these

I. Your Matie most humble peticoner hath lived a Soulder these twenty yeers and served with Command in all yor Matie expedicions.

2. Hee hath commanded these fowre yeers the Companie of the Ar- tillarie garden in London and with greate charge and continuall labour hath brought to that perfection, that no Prince in Christen- dome hath a Companie equall to it of Cittizens.

3. He hath lived three years in New England having had a Patent and Commission for that Country, during which tyme he hath made greater discoveries of ye inland pts then was ever made by any before or since.

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MISCELLANEOUS PROVINCIAL PAPERS.

4. He hath also exactly discovered all the rivers and Harbours in the habitable parts of yt Country.

5. He hath done more during his being there for the generall good of ye country in reforming the irregularities and abuses of those that frequented those parts then was by any man before.

6. With greate hazard and much travell hee hath punished the ex- treame cruelties of ye natives of yt Country, and enforced them to a peaceable confornitie in neighbourhood and comerce.

7. By reason of ye many experimts hee hath made of all the Com- odities in that Countrie he is able to settle a staple trade of some Comodities for ye profitt & advantage of this Kingdome, espetically for ye building of Shipps.

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Colonial State Papers. Vol. I, No. 52. [Abstract only.]

22 April 1635

A Graunt by the Plymouth Councill by Indenture unto Captaine John Mason in the following words.

"Indenture further witnessing that the Council in performance of an agreement made 3rd february last past for a Competent summe of money and divers other Causes Have Granted &c unto the said Cap- taine John Mason his Heires and Assignes All that Part purpart and portion of the Maine Land of New England aforesaid beginning from the middle part of Naumkecke River and from thence to proceed Eastwds along the Sea Coast to Cape Anne and round about the same to Pascataway Harbour, and so forwards up within the River of Newichewanock, and to the further Head of the said River and from thence Northwestwards till Sixty miles be finished from the first en- trance of Pascataway Harbour and also from Naumkeck through the River thereof up into the Land West Sixty Miles from which Period to crosse over Land to the Sixty Miles end accompted from Pascata- way through Newichewanock River to the Land Northwestward aforesaid.

And also all that the South halfe of the Isle of Shoulds, togeather with all other Islands and Isletts, as well imbayed as within five Leagues distance from the Premises and abutting upon the same, or any part or parcell thereof, not otherwise graunted to any by speciall name, All which part and Portion of Lands Islands and premises are from henceforth to be called by the name of New Hampshire.

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MISCELLANEOUS PROVINCIAL PAPERS.

And also the said Councell for the Considerations aforesaid have given graunted bargained sold enfeoffed and confirmed, and by these presents doe give graunt &c unto the said Capt John Mason his Heires &c all that other parcell or Portion of Lands, Woods and Wood grounds lying on the South East part of the River of Sagadehock in New England aforesaid at the mouth or entrance thereof containing and to containe there ten thousand Acres, which said other parcell of Lands from henceforth is to be called by the name of Masonia.

[Endorsed] Extracts out of severall Graunts concerning New England.

20 Papers about New England.

[In pencil] 3 Nov 1620 to 3 April 1639. New Engld

[On the next page is the following.]

Dates of severall Pattents, Graunts, and Deeds Poll, relating to New England.

3 Nov 1620, 18 Jac. The Councill of Plymouth Constituted by Pattent.

9 March 1620, 18 Jac. The Councill of Plymouth graunt Cape Anne by Pattent to Capt Mason.

30 Dec' 1622, 20 Jac. The Councill of Plymouth by Deed Poll, graunt part of the Maine Land called Messachusiack unto Robt Gorges.

19 Mar 1627, 3 Car. I. A graunt made by the said Councill to the Mattachusets.

4 March 1628, 4 Car. I. His Matie graunts and confirmes the same to the Mattachusets by Pattent.

7 Nov 1629, 5 Car. II. The Councill of Plymouth graunt by In- denture the Province of Laconia unto S' Ferdinando Gorges and Cap- taine John Mason.

3 Nov' 1631, 7 Car. I. The Councill of Plymouth graunt by Inden- ture the house and Plantation lately belonging to Capt Walter Neale unto S' Ferdinando Gorges, Capt Mason and their Associates.

I Dec' 1631, 7 Car. I. The said Council graunt 2000 acres of Land on ye South side of Cape Porpus, unto John Stratton of Shatley.

16 June 1632, 8 Car. I. The said Councill graunt certaine Lands called the River Bishopscott, unto George Way and Thomas Pur- chase.

18 April 1635, II Car. I. The said Councill graunt (demise) by Indenture unto S' Ferdinando Gorges, a Province called New Somer- setshire for 3000 yrs

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MISCELLANEOUS PROVINCIAL PAPERS.

22 Aprill 1635, II Car. I. The said Councill make a full Sale of the former Lands unto S' Ferdinando Gorges.

# 22 Aprill 1635, 11 Car. I. The Councill of Plymouth by Indent- ure graunt the Province of New Hampshire unto Capt John Mason.

3 Aprill 1639, 15 Car. I. His Matie by Letters Pattents graunts and confirms to S' Ferdinando Gorges, Lands for 120 Miles along the Sea Coasts, and up the River from Pascataway Harbour.

[Endorsed] Dates of severall Pattents Deeds and Graunts relating to New England.

New Hampshire Papers, Vol. 47. The Dover Combination.

[October 20, 1640.]

Whereas sundry Mischeifes and inconveniences have be faln us, and more and greater may in regard of want of Civill Government, his Gratious Matie having hitherto Setled no Order for us to our knowledge.

Wee whose names are underwritten being Inhabitants upon the River Pascataquack have voluntarily agreed to combine our Selves into a Body Politique that wee may the more comfortably enjoy the benefit of his Maties Laws And do hereby actually engage our Selves to Submit to his Royal Maties Laws together with all such Orders as shalbee concluded by a Major part of the Freemen of our Society, in case they bee not repugnant to the Laws of England and adminis- tred in the behalfe of his Majesty.

And this we have mutually promised and concluded to do and so to continue till his Excellent Matie shall give other Order concern- ing us.

In Witness wee have hereto Set our hands the two and twentieth day of October in the Sixteenth yeare of the Reign of our Sovereign Lord Charles by the grace of God King of Great Brittain France & Ireland Defender of the Faith &c. Annoq. Dom 1640.

(

John Follett Abel Camond

Robert Nanney Henry Beck

William Jones Robert Huggins

Phillip Swaddon Thom Larkham

Peter Garland

Richard Pinckhame Richard Waldern

John Dam

Bartholomew Hunt William Waldern Steven Teddar

William Bowden William Storer

Bartholomew Smith Samuel Haines John Underhill

John Ugroufe

(

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MISCELLANEOUS PROVINCIAL PAPERS.

John Wastill William Furber

Thomas Canning

John Heard Tho. Layton

John Phillips

John Hall

Tho. Roberts

Tho Dunstar

Fran. Champernoon

Edward Starr

William Pomfret

Hansed Knowles

James Nute

John Cross

Edward Colcord

Anthony Emery

George Webb

Henry Lahorn

Richard Laham

James Rawlins

This is a true copy compared with ye Orignall by me

Edw Cranfield

[Endorsed] New England N Hampshire The Combination for Government by ye people at Pascatq (1640).

Recd abt 13th Febr 82-3.

[The foregoing varies somewhat from the agreement as printed in Vol. I. p. 126, and contains the signatures, which the editor of that volume failed to find. - ED.]

Colonial State Papers. Vol. II, No. 36. -

4 July 1651. Copie.

[Endorsement ] Mr. Joseph Mason's Protest against Mr. Leader.

By virtue of a Deputation, or Letter of Attorney to mee granted, bearing date ye 3rd of March 1650 by Ann Mason of London, Widdow, the Relict of Cap" John Mason, late of London, Esq' deceased and Sole Executrix of his last Will and Testament Doe hereby Authorize mee Joseph Mason her kinsman, to take care of and dispose of to her use all such goods and Lands to her belonging, wch were her said hus- bands in New England in America, by him possessed, and died seized of ; and in order thereunto, and by the Power to me granted I doe hereby, and in her bahalf, make this Protest or Declaration against any person or persons whatsoever, shall entitle themselves to any of her said Lands at Newechawannacke or any other part or parcell of her said Lands within the said River of Pascataway or to cut, sell, carry away any of her said Timber Trees, that now are standing or growing upon the same, or to convert any of her said Lands to there proper use, without the Consent, Composition or Allowance of her the said Ann Mason, or her certaine Atturney first had and obtained. And further by that Authority mee given I doe protest against the

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MISCELLANEOUS PROVINCIAL PAPERS.

(

Proceedings of Mr. Richard Leader, upon her said Lands at Newich- awannacke, or of his Buildings there. And doe hereby forewarn him or his Assignes all those Lands or Woods wch Hee intrudes upon, without Our Consent or approbation first had or obtained. Dated at Pascataway, the 4th of July 1651 anno.

$ me Joseph Mason for Mrs. Ann Mason Widd.

[Endorsement on the back of No. 35.] A coppie of a protest made on Mrs. Masons Lands at Newichawanock against the proced- inge of Mr Richard Leader whoe hath entered uppon it without Consent.

Dated the 4th of July 1651

Colonial State Papers. Vol. II, No. 70.

Province of Mayne the 6th of November 1652.

Right Honourable

God who hath made all nations of one to dwell upon ye face of the earth, And hath appointed the bounds of their habita . . . By his pvidence hath designed us to possess and inhabit a tracke, of Land part of ye Continent of America, called ye Province of Mayne by the late Kinge in his letters Pattents to S' ffardinando Gorge for the Government of the same, who by his deputies did for many Yeares exercise jurisdiccon amongst us, Hee at length dissert- inge us ; ffor our better Rege ... We were forced to enter into a Combination for Government as by our Remonstrance & Petition to your Honnours in December last 1651 more at large doth appeare.

Since wch time takinge notice of sundry Acts of Parliamt the one of them declareinge all the Islands & Planta . . . in America to be dependant uppon & subordinat to . .. Commonwealth of England. And in obedience thereon wee have taken ye Ingagement to the same and ceede accordingly in keepinge our Courtes & Issuinge furth . warrants in ye name of the Keepers of the liberties . . . Eng- land accordinge to an act beareing date the . . . January 1648.

And Conceavinge our selves to be members of the Co . . . wealth of England, thinke it our bound in duty to your Honors and Ac- coumpt of all our one #ceedings, the #ceedings of our neighbours of Massetuss . . . wards us, who of late lay Claime by vertue of their Pattent, both to ye Government & ppriety of the . . . although wee have quietly possest Improved, And ... it this twenty yeares,

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MISCELLANEOUS PROVINCIAL PAPERS.

wch themselves have owned By severall Letters from their Generall Court, as dist ... from them, their bounds beinge formerly sett out by the State of England three miles this side Merimake River wch Comes ffarr short of this Province severall other Pattents lying be- tween theirs & ours who have likewise formerly exercised Government distinct from them now therefore our Humble request is yt your hon- ors bee pleased to give Audience unto our Agent M' Richard Leader whome wee have Impowr'd to transact in our affaires, And to whome wee humbly desire you to manifest your favours towards us, who in faithfulnesse Remaine

Yor Houn's to be Commanded Edward Godfrey Gower in the name & by the order of the Generall Court

[A portion of this document is missing.]

[Joseph Mason's Petition.]

Colonial State Papers. Vol. 12, No. 3.

[May 6, 1653.]

To the Honored the Governor the Deputy Governor, Magistrats, & Deputyes of the honnored the Generall Court, now assembled in Boston the six of May 1653 &c -

Concerning ye (Massachusetts) proceedings at Strawberrybank

The humble petition of Joseph Mason.

Humblye sheweth that your Petitioner, is employed by Mistris Ann Mason, Executrix of Captain John Mason her deceassed husband, who with others his associates were interested in certaine lands in this Country of New England by vertue of a grant under the broad seal. of England from his Majestie, that then was called the Laconia Pa- tent, confirmed upon S' ffardinando Gorges, and Captain John Mason and their heirs for ever ffor divers & good Considerations therein ex- pressed more at large in the said grant will appear. And whereas uppon Survaying those Lands (within granted) being at Pascataqueck Alias Pascataway do find divers Intrutiones & incroachments made uppon those lands by the inhabitants of Strawberry Banck, & others

MISCELLANEOUS PROVINCIAL PAPERS.

505

molesting our Tenantes and dispossing of our Lands and of our Tennants Lands (which for sixteen years past) was granted unto them by lease from the then agents of the proprietors, as I am ready to make appear unto this honored Court our just right & titell to the p'mises and off our great Cost & charges laid out Upon the Erecting & building of a ffort & plantting the same with Ordinance Musketts and all manner of amunition fitting for defence of the said River, & built other houses for inhabi- tants uppon the great Iland, and was really possessed of the same, and so have had upon that great Iland and other Ilands ever since, by our Tennants that renders us acknowledgment (as in right they ought to do) & keep possession for us, as unto this day notwith- standing by reason of bad Agents our pticular howses have decaied the ffort ruined & our Gunns caried away (except one peece of Ord- nance) all wich was at the cost and charges of those forenamed Proprietors Sr ffardinando Gorge & Captain John Mason & their asso- ciats, who were at the charges & had a magazine of all manner of Am- unition for the defence of the same River, that was ready at the great house for to furnish the Inhabitants in time of Danger which cost the said Proprietors many a thousand pounds & now upon examination of that Estate, can find nothing left, but the bare lands & the monu- ments of ruine with sundry Incroachments of the inhabitants of Strawberry Banck (as aforesaid) upon the said lands who disposeth of the same among themselves by vertue of their Township (as they # tend the Authority whereof as I supose) should bee derived from this honored Court & not of them selves and therefore in the behalf of Mistris Ann Mason & the rest of the proprietors I doe here humbly addresse my self for remedye they haveing sustained great damages by their intrutions & disposalls of our Lands as aforesd without our consent And for the better satisfaction of this general Court in point of Right & titell unto theise lands, with other possessions, within the said River of Pascataway your petioner is alwaies redy to make appear the aforesaid Proprietors Rights for avoiding future suites in law, that otherwise may arise or grow hereon.

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Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 40

Author: None Publication date: Publisher: Number of Pages: 860

Author: None
Publication date:
Publisher:
Number of Pages: 860